HomeMy WebLinkAbout09-19-2011 Council Agenda Packet
City Council Meeting
September 19, 2011 - 7:30 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Flag Salute
B. Roll Call
C. Announcements, Appointments, and Presentations
D. Agenda Modifications
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Moratorium - Collective Cannabis Gardens* (Norman/Snyder)
City Council to conduct a public hearing to receive public input regarding the
establishment, operation, location, and licensing of collective cannabis
gardens in the City of Auburn.
(ACTION REQUESTED: City Council conduct the public hearing.)
2. Transportation Benefit District Formation (Wagner/Dowdy)
City Council to conduct a public hearing to receive public input on the
formation of a Transportation Benefit District and to review the advantages
afforded by forming a Transportation Benefit District with geographical
boundaries comprised of the corporate limits of the City of Auburn.
(ACTION REQUESTED: City Council conduct the public hearing. See
Ordinance No. 6377 for further action on this item.)
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. Draft September 12, 2011 Minutes* (Peloza)
B. Planning & Community Development
1. Draft September 12, 2011 Minutes* (Norman)
C. Public Works
1. September 6, 2011 Minutes* (Wagner)
D. Finance
1. September 6, 2011 Minutes* (Backus)
E. Les Gove Community Campus
F. Downtown Redevelopment
G. Council Operations Committee
IV. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, 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 September 6, 2011 City Council Meeting*
B. Claims Vouchers (Backus/Coleman)
Claims check numbers 407350 through 407720 in the amount of $5,911,428.33
and dated September 19, 2011.
C. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532117 to 532193 in the amount of $822,373.66 and
electronic deposit transmissions in the amount of $1,142,938.33 for a grand total of
$1,965,311.99 for the pay period covering September 1, 2011 to September 14,
2011.
D. Public Works Project No. CP0815* (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 7 to Contract No. 09-15 in the amount
of $0 and accept construction of Project No. CP0815, S. 277th St. Reconstruction
Project Phase III - Mary Olson Farm - Materials Procurement.
E. Call for Public Hearing (Backus/Coleman)
City Council to call for a public hearing to be held October 3, 2011 to receive public
comments and suggestions with regard to the proposed modifications to the 2011-
2012 Biennial Budget, including revenue estimates and possible increases in
property taxes.
(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. 6376* (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, repealing
Section 3.60.035 of the Auburn City Code and creating a new Section 3.60.036 of
the Auburn City Code regarding construction sales tax refunds
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6376.)
B. Ordinance No. 6377* (Wagner/Dowdy)
An Ordinance of the City Council of the City of Auburn, Washington, establishing a
Transportation Benefit District within the corporate limits of the City of Auburn,
specifying the maintenance and preservation of existing transportation
improvements, providing for additional transportation improvements and creating a
new Chapter 3.23 of the Auburn City Code entitled "Auburn Transportation Benefit
District"
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6377.)
IX. RESOLUTIONS
A. Resolution No. 4729* (Peloza/Rempher)
A Resolution of the City Council of the City of Auburn, Washington, approving the
formation of the Community Connectivity Consortium, a public corporation,
authorizing the Mayor and City Clerk to enter into an Interlocal Agreement
establishing the Community Connectivity Consortium between the City and other
government agencies for the construction and management of fiber optic projects,
and approving the charter of the Community Connectivity Consortium
(ACTION REQUESTED: City Council adopt Resolution No. 4729.)
B. Resolution No. 4746* (Backus/Rempher)
A Resolution of the City Council of the City of Auburn, Washington, declaring
certain items of property as surplus and authorizing their disposal
(ACTION REQUESTED: City Council adopt Resolution No. 4746.)
C. Resolution No. 4747* (Peloza/Heineman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an Agreement between the City of Auburn and
Auburn Valley Humane Society (AVHS) for animal control services
(ACTION REQUESTED: City Council adopt Resolution No. 4747.)
D. Resolution No. 4748* (Backus/Rempher)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an Interlocal Agreement between the City of
Auburn and the City of Pacific for information services technology
(ACTION REQUESTED: City Council adopt Resolution No. 4748.)
E. Resolution No. 4751* (Norman/Snyder)
A Resolution of the City Council of the City of Auburn, Washington expressing
support for proposed King County Ordinance 2011-0227 regarding Pacific
Raceways
(ACTION REQUESTED: City Council adopt Resolution No. 4751.)
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:
Moratorium - Collective Cannabis Gardens
Date:
September 14, 2011
Department:
Planning and Development
Attachments:
Resolution No. 4739
Budget Impact:
$0
Administrative Recommendation:
City Council conduct a public hearing to receive public input regarding the
establishment, operation, location, and licensing of collective cannabis gardens in the
City of Auburn.
Background Summary:
The Auburn City Council passed Resolution No. 4739 on August 15, 2011. Resolution
No. 4739 establishes a one year moratorium on the establishment, operation, location
and licensing of cannibas collective gardens in the City of Auburn. Pursuant to RCW
35A63.220, the City Council must hold a public hearing within at least sixty (60) calendar
days of its adoption of the moratorium to receive public comment.
O3.4.2.1.2
Reviewed by Council Committees:
Other: Legal, Planning
Councilmember:Norman Staff:Snyder
Meeting Date:September 19, 2011 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1
RESOLUTION NO. 4 7 3 9
A RESOLUTION OF THECITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A ONE YEAR
MORATORIUM ON THE ESTABUSHMENT, OPERATION,
LOCATION AND LICENSING OF COLLECTIVE GARDENS
IN THE CITY OF AUBURN, ESTABLISHING A WORK
PLAN, AND SETTING A DATE FOR A PUBLIC HEARING
WHEREAS, the Washington State Legislature Chapter approved Engrossed
Second Substitute Senate Bill (E2SSB) 5073, effective July 22, 2011, that allows
canabis to be grown in collective gardens; and,
WHEREAS, E2SSB 5073 allows the City to regulate cannabis by enacting
zoning, licensing and/or health and safety requirements; and,
WHEREAS, the City of Aubum does not currently have a specificprovision in its
zoning and land use codes addressing the use of property for collective gardens; and,
WHEREAS, in conformity .with the responsibilities of the Cify of Aubum to provide
for zoning and land use regulations pursuant to state law and the City's authority to
regulate land use activity within its corporate limits, the City intends to develop
appropriate zoning and land use regulations for collective gardens; and,
WHEREAS, the City Council finds thaf the secondary impacts associated with
collective gardens could include crimes against the gardens themselves as a result of
the materials being grown on-site, increased criminal activity in areas around the
collective gardens, loss of revenue for neighboring businesses and exposure of
cannabis to minors; and,
Resolution No. 4739
August 3, 2011
Page 1 of 6
PH.1
WHEREAS, the City Council further finds thatindiscriminate and inappropriately
placed collective gardens may result in diminution of real estate property values and
may as well result in adverse impacts to the affected neighborhoods; and,
WHEREAS, the issues involved in this subjecf are further exacerbated by the fact
that the U.S. Attomeys' Office has threaded that nofinrithstanding permissive state law,
violations of federal law may be prosecuted, even against state and local governments
that take action to permit or approve activities that violate the more restrictive federal;
law; and
WHEREAS, even aside from the conflict between state and federal law, there are
conflicts befinreen provisions in E2SSB 5073 as it was finally approved that need to be
considered, in that, for instance, Section 403 of the Bill; dealing with collective gardens,
references registry requirements established in Section 901 of the Bill, but Section 901
was vetoed by the Governor; and
V1/HEREAS, to avoid or minimize the potential negative impacts of any future use
of property for such collective gardens in the City of Auburn, it will be necessary for
there to be regulations in place to 1) properly review and assess the impacts collective
gardens may have on the City and the immediate neighborhood or commercial district;
and 2) determine reasonable and appropriate measures to be taken to mitigate those
identified negative impacts; and,
WHEREAS,, in order to fully consider all the options and alternatives for such
regulations and to fully investigate and review all of the factors involved in developing
appropriate regulation of collective gardens, the Cify needs time to complete such
reviews; and,
Resolution No. 4739
Augusf 3, 2011
Page 2 of 6
PH.1
WHEREAS, RCW 35A.63.220 and 36.70A.390 authorize cities to adopt
moratoria; and,
WHEREAS the City Council concludes that the City has the authority and that it
is necessary to establish a moratorium: concerning the establishment, location,
operation and licensing for collective gardens to act as a stopgap measure in order to:
1) to provide the City with an opportunity to study the issues conceming the siting,
operation, and licensing of such gardens and prepare appropriafe revisions to the City
codes and regulations: and 2) to protect the health safety and welfare of the citizens of
Auburn by ameliorating negative impacts of gardens; and.
WHEREAS consistent with the provisions of RCW 35A.63.220, it is appropriate
for the Gity Council to hold public hearings and to authorize the holding of public
hearings and/or other means to gather information and adopt findings of fact supporting
and justifying the moratorium and #o implement a work plan for review of the collective
garden -related issues.
NOW THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
V1/ASHINGTON, HEREBY RESOLVES as follows:
Section 1. GlAoratorium Established. Pursuant to RCW 35A.63.220, a
moratocium is hereby imposed prohibiting collective gardens in all zoning districts in the
Gify of Auburn.
Section 2. Terrn of Moratoriurro. The moratorium imposed by this resolution
shall become effective on the date hereof, and shall continue in effect for an initial
period of one year, unless repealed, extended, or modified by the City Council after.
subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW
Resolution No. 4739
August 3, 2011
Page 3 of 6
PH.1
35A.63.220. Provided, that the moratorium shall automatically expire upon the effective
date of zoning and land use regulations adopted by the City Council to address siting
and regulation of collective gardens in the City of Aubum.
Section 3. Prelirhinarv__Findinas. The. following preliminary findings of fact
are hereby adopted:
A.The recital clauses are hereby adopted as findings.
B. Th at collective gardens have the pofential for significant impacts on
neighborhoods and the community.
C. Thafi because of the potential impacts of collective gardens special care and
attention needs to be employed in developing appropriate legislation that
satisfactorily addresses the concerns of the City while also conforming to
legat requirements.
D. It is appropriate to colleet and compile documentation information testimony
and statements of concerned citizens of the City and of other persons
interested in or familiar with the issues of collective gardens and their impacts
to fully explore ways to.protect the City and its citizens from the adverse
impacts of these gardens.
Section 4. Work Plan. The following work plan is adopted to address the
issues involving collective garden regulations:
A. T he City of Auburn Plann.ing Commission shall be authorized and directed to
hold public works sessions, public hearings, and public meetings to fully
receive and consider statements, testimony, positions, and other
documenfation or evidence related to the issue of collective gardens.
B. T he Planning Commission and City staff are- authorized and directed to
review the experiences of other jurisdictions, the status of legal cases,
statistieaF data, information, studies and other evidence cornpiledby other
municipalities of adverse impacts of collective gardens and to reView the
regulations, ordinances; and codes adopted and implemented by other
municipalities to address collective garden land uses, and any other
information that is pertinent to collective gardens.
C. The Planning Commission shall work with City staff to develop proposals for
regulation of collective garden land uses and zoning considerations to be
forwarded in its recommendations to the City Council for inclusion in
Resolution No. 4739
August 3, 2011
Page 4 of 6
PH.1
ordinances and ultimate adoption as a part of the City Code of the City of
Auburn.
D. The Mayor in consultation with the Planning and Development Director, the
City Attorney, the Police Chief and other staff shall periodically advise the City
Council as to the status of hearings, meetings, and information development
regarding activities of the Planning Commission and City staff relative to
collective garden tand uses, with such reports to be scheduled approximately
every six 6 months or as appropriate throughout the period of the moratorium
and any extensions ttiereof, until adoption of a comprehensive ordinance is
developed relating to collective garden land uses.
Section 5. Public Hearinq. A public hearing shall be scheduled for 7:30 p.m.
or as soon thereafter as the matter may be heard, on the 19th day of September 2011,
in City Council Chambers, 25 West Main Street, Auburn, WA 98001, to hear and
consider the comments and testimony of those wishing to speak at such public hearing
regarding the moratorium.
Section 6. Severability. The provisions of this resolution, are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of #his ordinance, or
fhe validity ofits application to other persons or circumstances.
Section 7. Effective date. That this Resolution shall take effect andbe in full
force upon passage and signatures hereon.
Dated and Signed this day of 2041.
CITY OF N
PETER S~LEWIS
MAYOR
Resolution No. 4739
August 3, 2011
Page 5 of 6
PH.1
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
D iel B.ity ttomey
Published: tJ A
Resolution No. 4739
August 3, 2011
Page 6 ofi6
PH.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
Transportation Benefit District Formation
Date:
September 13, 2011
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council conduct the public hearing on the formation of a Transportation Benefit
District.
Background Summary:
Forming the District gives the City considerable additional future funding options and
flexibility in finding resources to fully fund preservation of the arterial street system. No
particular funding resources are being proposed at this time. The District would be
subject to the requirements of Chapter 36.73 RCW. State law requires that the City
Council would be the "Governing Board" of the newly formed district.
A1.19
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:September 19, 2011 Item Number:PH.2
AUBURN * MORE THAN YOU IMAGINEDPH.2
AGENDA BILL APPROVAL FORM
Agenda Subject:
Draft September 12, 2011 Minutes
Date:
September 14, 2011
Department:
Police
Attachments:
Draft Minutes - Municipal Services 9-12-
11
Budget Impact:
$0
Administrative Recommendation:
Information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:September 19, 2011 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1
Municipal Services Committee
September 12, 2011 - 3:00 PM
City Hall Conference Room 3
MINUTES
Draft Minutes
I. CALL TO ORDER
A. Roll Call
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, Vice Chair Sue Singer. Members
Absent: Member John Partridge, excused. Staff Present: Mayor Pete
Lewis, Assistant Police Chief Bob Karnofski, Finance Director Shelley
Coleman, HR/Risk Management Director Brenda Heineman, IS Director
Lorrie Rempher, Risk Manager Rob Roscoe, Project Engineer Leah
Dunsdon, Police Secretary/Scribe Kathy Divelbiss. Others present: Largo
Wales, citizen and Auburn Reporter representative Robert Whale.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was no modification to the agenda.
II. CONSENT AGENDA
A. Municipal Services Minutes 8/22/11
Vice Chair Singer moved to accept the Minutes as presented. Chair Peloza
concurred.
MOTION CARRIED: 2-0
B. Municipal Services Project No. 1110 (Dowdy)
Permission to initiate Project No. MS1110, Jacobsen Tree Farm and Fields
Residential Buildings Demolition Project
Director Heineman presented background information for this project and
requested permission to begin as soon as possible the demolition of all but one
building in order to deter potential criminal/vandalism activity. The metal clad pole
building will be used for storage of materials for street maintenance needs on Lea
Hill.
Vice Chair Singer moved to accept the recommendation. Chair Peloza concurred.
Page 1 of 3
MS.1
MOTION CARRIED: 2-0
III. RESOLUTIONS
A. Resolution No. 4729 (Rempher)
A Resolution of the City Council of the City of Auburn, Washington,
approving the formation of the Community Connectivity Consortium, a
public corporation, authorizing the Mayor and City Clerk to enter into an
Interlocal Agreement establishing the Community Connectivity Consortium
between the City and other government agencies for the construction and
management of fiber optic projects, and approving the charter of the
Community Connectivity Consortium
Vice Chair Singer moved to accept Resolution No. 4729 and forward to the
full Council for approval. Chair Peloza concurred.
MOTION CARRIED: 2-0
IV. DISCUSSION ITEMS
A. Resolution No. 4748 (Rempher)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Interlocal Agreement
between the City of Auburn and the City of Pacific for information services
technology
The City of Auburn currently has relationships with other smaller cities for
records management services/technology services. This Interlocal will
allow Auburn to provide this service for the City of Pacific. Due to the
workload of providing services, IS will be hiring an additional person,
however, the income from the Interlocal Agreements more than cover the
costs of this additional person.
The Committee supports the implementation of this Interlocal Agreement.
B. Animal Services (Heineman)
Director Heineman informed the Committee that King County Animal
Control is scheduled to present its options on September 13. While the City
is open to the County's presentation and will give it due consideration, given
the long term goals and plans the City has developed, the Committee feels
the facility and services contemplated by the Auburn Valley Humane
Society will better serve the citizens of Auburn.
Vice Chair Singer moved to forward the Auburn Valley Humane Society
proposal to the full Council for approval pending the review and comparison
of the King County proposal being presented on September 13. Chair
Peloza concurred.
Page 2 of 3
MS.1
MOTION CARRIED: 2-0
C. Matrix
The following changes are made to the Matrix:
Item 20 P - All language after King County Animal Services removed.
Item 25 P - Removed from Matrix in its entirety.
V. ADJOURNMENT
The meeting adjourned at 3:35 p.m.
Next Municipal Services Meeting is September 26, 2011.
Signed this ____ day of September, 2011
_______________________________ ______________________________
Bill Peloza, Chair Kathy Divelbiss, Police Sec'y/Scribe
Page 3 of 3
MS.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
Draft September 12, 2011 Minutes
Date:
September 15, 2011
Department:
Planning and Development
Attachments:
Planning & Development Committee
9/12/11 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Norman Staff:
Meeting Date:September 19, 2011 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1
DRAFT
PLANNING & COMMUNITY
DEVELOPMENT COMMITTEE
September 12, 2011
MINUTES
I. CALL TO ORDER
Chair Lynn Norman called the meeting to order at 5:00 p.m. in Annex Conference Room
2 located on the second floor of One Main Building, 1 East Main Street, Auburn, WA.
Committee members present were: Chair Lynn Norman and Vice Chair Nancy Backus.
Committee Member Partridge was excused.
Staff members present included: Mayor Pete Lewis, Planning and Development Director
Kevin Snyder, Development Review Engineer Haim Strasbourger, Contract Economic
Development Manager Doug Lein, Contract Economic Development Planner William
Thomas, and Support Clerk, Bobbie Hodgkinson.
Audience members present: Largo Wales, Community Member.
II. ANNOUNCEMENTS AND AGENDA MODIFICATIONS
There were no announcements or agenda modifications.
III. CONSENT AGENDA
A. Minutes – August 22, 2011
Vice Chair Backus moved and Chair Norman seconded to approve the Consent Agenda
as presented.
MOTION CARRIED UNANIMOUSLY 2-0
IV. ACTION
A. Resolution No. 4733 Authorizing Renewal of PWA 06-22 and Amending the
Terms of the Agreement.
Development Review Engineer Strasbourger presented the Agenda Bill requesting
the Committee’s action to recommend that the City Council approve an interagency
agreement with King County to complete the project second phase final design.
Development Review Engineer Strasbourger stated that the design and construction
should go through the summer and early fall of next year with completion by mid-
2013. Director Snyder noted this project is primarily grant funded from a variety of
sources, as outlined in the Agenda Bill, which is an opportunity for the City to spend
a little money for a big return.
PCD.1
Planning and Community Development Committee Minutes September 12, 2011
Page 2
Vice Chair Backus moved and Chair Norman seconded to forward Resolution No.
4733 Interagency Agreement between the City of Auburn and King County
Engineering Related Services for Fenster Levee Setback Project, Phase II, to full
council for consideration.
MOTION CARRIED UNANIMOUSLY 2-0
B. Resolution No. 4751
Director Snyder introduced Resolution 4751 which would give support to King
County Ordinance 2011-0227 to establish a master plan designation for Pacific
Raceways and would also create a foundation for establishing a development
agreement and an environmental review process. Director Snyder noted that the
Council is aware from the presentation at the Committee of the Whole on August 29,
2011 that Pacific Raceways is currently looking at a significant expansion of up to
$135 million dollars. Staff believes a more formalized process would benefit all
parties involved including citizen issues resolution and more comprehensive review
of environmental and other issues.
Vice Chair Backus moved and Chair Norman seconded to forward Resolution No.
4751 to full Council for consideration.
MOTION CARRIED UNANIMOUSLY 2-0
V. DISCUSSION and INFORMATION
A. Ordinance No. 6376 Amendment to Chapter 3.60 (Sales or Use Tax) of the
Auburn City Code.
Contract Economic Development Manager Lein presented Ordinance 6376, an
amendment to the original Ordinance 6342 passed on July 20, 2011 for a
construction retail sales tax exemption program for 48 months refunding up to
$100,000 of construction sales tax for certain types of uses in certain zones of the
City. Subsequently, staff looked at how this same benefit could be applied as an
economic stimulus for areas termed “boutique retail” that would be 25,000 square
feet or less in the DUC zoning district and could also be applied to new business
development or expansion in M1, M2 and EP zoning districts.
Contract Economic Development Manager Lein stated that staff developed a formula
that would work for boutique retail and manufacturing based on the assessed
evaluation of the current value of the asset and the building permit which calls for a
dollar amount to the value of the building permit. It would be a 25% increase of
equal or greater reinvestment into the asset. This new ordinance does not change
the original Ordinance No. 6342 but rather adds the categories of boutique retailing
and manufacturing.
Contract Economic Development Manager Lein stated that Ordinance 6376 will be
forwarded to the Finance Committee for action to allow it to go forward to City
Council for potential action on September 19, 2011.
PCD.1
Planning and Community Development Committee Minutes September 12, 2011
Page 3
B. Cluster Subdivisions
Director Snyder stated there is only one outstanding question that remains in terms
of staff going forward with developing cluster subdivision regulations for Council’s
consideration, and that is does the Committee want to promote the inclusion of
privately owned and operated active open space within cluster subdivisions by
offering density credit opportunity (i.e., reducing the lot area requirement for all or a
portion of the lots and creating additional lots)?
The Committee reviewed a conceptual drawing of non-active open space and active
open space options presented by Director Snyder and expressed interest in an either
or option. Mayor Lewis noted this issue would likely have its greatest application on
Lea Hill and West Hill and that the Committee should be aware this will result in the
addition of one more house and a couple more vehicles in areas where additional
density may be an issue for some. In planning for the hillsides, these additional
numbers would need to be considered, especially when doing impact fees.
Committee does not feel there would be significant impact since these are not large
developments.
Chair Norman asked what percentage of the two hillsides would be impacted. Mayor
Lewis responded there are currently 23 short plats approved on Lea Hill and 22 on
West Hill.
Chair Norman asked staff to defer this item to the next meeting and include Member
Partridge in the discussion.
C. Director’s Report
Director Snyder informed the Committee that Parametrix has just offered to do pro-
bono design services of the entry features for the boardwalk and are talking about
possibly buying the materials.
Mayor Lewis briefed the Committee on the recent coordination meeting with the
Muckleshoot Indian Tribe. The Committee and staff discussed some of the major
highlights of the meeting:
• Old QFC Site – Director Snyder confirmed he sent builder/operator-developer
information to Steve Taylor. Director Snyder noted the property is designated
Neighborhood Commercial and would need to be changed to a C3 zone to
facilitate the mixed use development discussed for the site, but that this is
primarily a paper process.
• Animal Control Services - Mayor Lewis reported that the Tribe and the City
discussed the potential provision of animal control services and noted that this
type of service would require a services contract that would specifically address
types of services and cost of services. Mayor Lewis noted that the authorization
of animal control staff onto tribal reservation land would first need to be resolved.
• White River Amphitheater – Mayor Lewis discussed the Tribe and the City’s
conversation about the underutilization of the White River Amphitheater and the
potential community and economic assets for the Tribe and the City that greater
utilization could bring. The Committee noted that it seems there is a great
PCD.1
Planning and Community Development Committee Minutes September 12, 2011
Page 4
partnership opportunity to make this a more valuable asset to the Tribe and the
City. Chair Norman suggested that the White River Amphitheater could develop
into a facility similar to Tanglewood on the East Coast and could act as a learning
performance center that could be the biggest of its kind in the region. Mayor
Lewis asked Chair Norman to send something to him in writing and he will send it
on to Roland Fatland expressing our interest and participation. Chair Norman
will also send the same information to the Auburn Tourism Board.
The Committee discussed the idea of forming a coordination committee between
the Tribe and the City to explore ideas and opportunities for greater utilization of
the White River Amphitheater. Vice-Chair Backus suggested that the City
representatives discuss this idea with Tribal representatives at the next joint
Tribe/City coordination meeting.
D. PCDC Status Matrix
The Committee reviewed the PCDC Status Matrix. Chair Norman noted the only
changes to the matrix were updating some dates. Vice Chair Backus asked for
clarification on the proposed striking of the WSU IDeX project (Matrix Item No. 9)
from the Matrix. Chair Norman noted that this was added to the Matrix to track the
City’s specific partnership work with Washington State University on this project. She
noted that the project has ended and as such active participation is not currently
needed; however, it can be added back if necessary if there is more work or follow
up work for this item.
VI. ADJOURNMENT
There being no further business to come before the Planning and Community
Development Committee, Chair Norman adjourned the meeting at 6:40 p.m.
APPROVED THIS ________ DAY OF ______________.
Lynn Norman, Chair Bobbie Hodgkinson, Support Clerk
PCD.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 6, 2011 Minutes
Date:
September 13, 2011
Department:
Public Works
Attachments:
September 6, 2011 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:September 19, 2011 Item Number:PW.0
AUBURN * MORE THAN YOU IMAGINEDPW.0
Public Works Committee
September 6, 2011 - 3:30 PM
Annex Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference
Room #2, located on the second floor of Auburn City Hall, One East Main Street,
Auburn, Washington.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Haugen were
present. Also present during the meeting were: Mayor Pete B. Lewis,
Councilmember John Partridge, Public Works Director Dennis Dowdy, City
Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid
Gaub, Utilities Engineer Dan Repp, Traffic Engineer Pablo Para,
Engineering Aide Amber Mund, Project Engineer Ryan Vondrak, Street
Systems Engineer Seth Wickstrom, Project Engineer Leah Dunsdon,
Maintenance and Operations Manager Randy Bailey, Planning Director
Kevin Snyder, Finance Director Shelley Coleman, and Public Works
Secretary Jennifer Rigsby.
Members of the public in attendance included: Wayne Osborne and Largo
Wales.
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 minutes from the August 15, 2011 Public
Works Committee Meeting, as corrected.
Vice-Chair Peloza noted a scrivener’s error on page 3, Item III. A.
Motion Carried Unanimously. 3-0.
B. Right-Of-Way Use Permit No. 09-14 (Mund)
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Councilmember Peloza moved and Councilmember
Haugen seconded to Approve Amendment No. 2 to Right-of-Way Use
Permit No. 09-14 for Mohawk Plastics LLC.
Engineering Aide Mund explained that Mohawk Northern Plastics has
applied for a second amendment to their existing Right-of-Way Use Permit
because they discovered they have additional conduits in the Right-of-Way
for which they do not have a permit. Amendment No. 2 adds three PVC
conduits to the existing permit.
Chairman Wagner asked if the City inspected the installation of the casings
that were approved in Amendment No. 1. Engineering Aide Mund answered
that a Construction Permit is required and that permit is reviewed by City
staff, the installation is inspected, and the company submits as-builts to the
City upon completion.
Motion Carried Unanimously. 3-0.
C. Right-of-Way Use Permit No. 11-17 (Mund)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve Right-of-Way Use Permit No. 11-17 for the
City of Auburn Parks and Recreation Annual Veterans’ Day Parade.
Engineering Aide Mund reported that the detour route for the Annual
Veterans’ Day Parade has changed slightly from last year due to the
closure on Division Street from 1st Street SE to 3rd Street SE.
Chairman Wagner asked if the street to Veteran’s Park is
closed. Engineering Aide Mund answered that only the eastbound direction
of the street will be closed.
Motion Carried Unanimously. 3-0.
D. Public Works Project No. CP1116 (Vondrak)
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council grant permission to
advertise for bids for Project No. CP1116, Downtown Pedestrian Lighting
Replacement.
Project Engineer Vondrak stated that the existing lighting bases will be
used, in response to a question asked by Chairman Wagner.
Vice-Chair Peloza asked about the style of the lighting fixtures. Project
Engineer Vondrak answered that the lights will be the same as the black
ones that were installed in the new City Hall Plaza.
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Vice-Chair Peloza and Chairman Wagner discussed the cost of the lighting.
Motion Carried Unanimously. 0-0.
E. Public Works Project No. CP1117 (Wickstrom)
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council award Contract No.
11-19 to Doolittle Construction LLC on their low bid of $95,150.00 for
Project No. CP1117, Arterial and Collector Crackseal Project.
Street Systems Engineer Wickstrom said that Doolittle Construction is the
same contractor that the City has used for the past two years and they have
a good working relationship with the City, in response to questions asked by
Chairman Wagner.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4733 (Mund)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Renewal of PWA 06-22 and Amending the Terms of the
Agreement
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council adopt Resolution
No. 4733.
Engineering Aide Mund explained that if AboveNet Communications wanted
to provide service within the City limits they would have to apply for a
Franchise Agreement and upon approval of that agreement the Public Way
Agreement would no longer be in effect, in response to a question asked by
Chairman Wagner.
Director Dowdy stated that the conduit just passes through the City,
following a question asked by Member Haugen. Engineering Aide Mund
stated that she did not have a complete list of customers served by
AboveNet Communications.
Motion Carried Unanimously. 0-0.
B. Resolution No. 4749 (Dunsdon)
A Resolution of City Council of the City of Auburn, Washington, Authorizing
the Mayor and City Clerk to Negotiate and Execute an Agreement with the
City of Tacoma to Provide a Wholesale Connection for the 132nd Avenue
SE Tacoma Pipeline 5 Intertie Improvement Project (CP1103)
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council adopt Resolution
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No. 4749.
Chairman Wagner asked how confident staff is that the estimate from the
City of Tacoma is accurate. Project Engineer Dunsdon answered that this is
the second intertie that the City has done with Tacoma and the first intertie
on B Street NW had final costs slightly higher than their original
estimate. This increase was attributed to the intertie being located under the
BPA power lines which had not been encountered by the City of Tacoma
before. For this intertie, the City of Tacoma believes that the estimate for
the 132nd Avenue SE intertie is much more accurate than the previous
estimate for B Street NW to Project Engineer Dunsdon.
Project Engineer Dunsdon and the Committee reviewed the budget status
sheet.
Chairman Wagner asked how the intertie will affect future agreements to
purchase water. Assistant Director/City Engineer Selle stated that the
physical connection still needs to be in place regardless of where water is
being purchased form.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Transportation Benefit District Draft Ordinance (Dowdy)
Director Dowdy presented the draft Ordinance for the Transportation Benefit
District (TBD) to the Committee. Dowdy stated that staff used similar
ordinances from Bellingham and Bremerton to develop the draft ordinance.
Director Dowdy stated that staff is recommending that a formation of a TBD
be Citywide and that any revenue must meet the requirements of the
Revised Code of Washingtion (RCW). Dowdy explained that the RCW is
specific regarding the steps that need to be taken to define projects that
qualify for a TBD, for example, capital projects must be included in the
regional Transportation Improvement Program (TIP) or State plan.
Chairman Wagner asked how long the process is for adding projects to the
regional TIP. Director Dowdy answered that it is an annual process and the
timing for submitting projects to the regional TIP and the State plan are the
same and begins with the City’s TIP document. Director Dowdy and Mayor
Lewis reviewed that process of submitting projects to the regional TIP and
the State with the Committee. Chairman Wagner asked staff to prepare a
timeline for both processes and their deadlines for the Committee's
information.
Director Dowdy clarified the development of a material change policy that
would be used to address plan changes, as noted in Section 3.23.020, Item
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F of the draft ordinance, following questions about the item asked by
Chairman Wagner.
Mayor Lewis answered questions asked by Chairman Wagner regarding the
schedule for TBD Board Meetings as defined in Section 3.23.020, Item
B. Mayor Lewis pointed out that the State law dictates that the meeting shall
take place on the same dates as scheduled City Council Meeting, when
possible, but may be rescheduled if it is not possible to hold both meetings
on the same date.
The Committee and Mayor Lewis discussed Section 3.23.050, Dissolution
of District. Chairman Wagner asked for additional information regarding the
State’s definition of “District’s anticipated responsibilities.” Director Dowdy
provided additional clarification that was provided at the Committee of the
Whole presentation from Finance Director Coleman regarding suggestions
from the Bond Council.
Chairman Wagner stated that he felt the draft Ordinance was ready to be
voted on by the full City Council.
Director Dowdy stated that staff suggested, to the Chamber of Commerce,
a system wide average pavement condition index (PCI) of 80 with no
arterial pavement segment being less than 70 when the City has sustained
the system, in response to a question asked by Vice-Chair
Peloza. Chairman Wagner suggested that condition be worded the same
way in the ordinance as it was presented by Director Dowdy to the
Chamber. Staff will revise the draft ordinance for consistency.
Chairman Wagner discussed the difference between forming a TBD and
funding projects through the GO Bond. Mayor Lewis discussed the level of
transparency that a TBD has, which lends to more public support. Member
Haugen asked about how the TBD advisory committee members are
chosen. Chairman Wagner answered that the advisory committee would be
nominated by the Mayor and confirmed by the City Council, as per the
ordinance. Member Haugen stated that she was not in favor of the
ordinance because of the nomination process. Mayor Lewis pointed out that
the City Council, acting in its role as the governing body of the district,
would approve the committee members and suggested an open nomination
process. Mayor Lewis stated that the nominees would also probably be
reviewed by the Public Works and Finance Committees.
Member Haugen asked when the formation of a TBD would be on the
ballot. Mayor Lewis said that there is no timeline until after the TBD is
established. Director Dowdy said that it would be beneficial for the
ordinance to be adopted as soon as possible.
Chairman Wagner spoke about the advantage of the transparency of the
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TBD for the voters. Director Dowdy confirmed that not only would the TBD
allow flexibility in the variety of sources of funding, but for each source of
funding, the funds are earmarked for specific projects.
Director Dowdy stated that the Ordinance will be taken to the Finance
Committee for discussion and to Public Works for action and then to the full
Council.
B. Resolution No. 4750 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington
Declaring Certain Items of Property as Surplus and Authorizing Their
Disposal
This topic was discussed prior to Discussion Item A.
Maintenance and Operations Manager Bailey reviewed the mileage and
hours of usage for each vehicle to be disposed of on the list .
Chairman Wagner spoke about past discussions regarding upgrading the
paving boxes. Maintenance and Operations Manager Bailey stated that it
was determined that it would be more cost effective for the City to rent a
paving box for one month per year compared to the cost of purchasing a
new paving box.
The Committee unanimously supported adoption of Resolution No. 4750 to
the Finance Committee.
C. Capital Project Status Report (Gaub)
Item 1 – CP0815 – Mary Olson Farm Phase II & III: Chairman Wagner
asked if there are any plans included in the project to improve the trail from
the parking lot to the farm. Assistant City Engineer Gaub stated that the
project on the capital project status list is for procurement of materials only
and that there is no physical construction work. The parking lot
improvement project that was completed last year only made improvements
to the parking area and did not include the trail work.
Item 17 – CP0916 – West Valley Highway SR18 to W Main
Street: Assistant City Engineer Gaub stated West Valley Highway has been
closed for a week and drivers have been finding alternate routes. There was
some driver confusion at the start of the closure, but since then everything
is going well, in response to a question asked by Chairman
Wagner. Chairman Wagner asked if the closure signs will be on the SR167
reader board through October 22nd. Assistant City Engineer Gaub
confirmed that the message would remain on the reader board for the
duration of the closure.
Item 13 – CP1005 – South Division Street Promenade Project: Vice-Chair
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Peloza asked if the closure date of September 30th is still correct. Assistant
City Engineer Gaub stated that to be correct.
Item 14 – CP0756 – Lea Hill Pump Station Decommissioning Phase
2: Assistant City Engineer Gaub stated that there are a couple of repair
needs for storm and sewer recently that were completed via change orders
under this project. These included a sewer repair on Auburn Way South just
south of Main Street and two Storm culverts on 118th Ave SE.
Item 21- C201A – M Street Underpass: Assistant City Engineer Gaub stated
that staff has applied for a Transportation Improvement Board (TIB) Grant
to offset the Public Works Trust Fund Loan, in response to a question asked
by Chairman Wagner. Assistant City Engineer Gaub stated that staff has
submitted for a $3M grant and should know the outcome of the application
in November 2011.
Item 33 – CP1024 – AWS and M Street SE Intersection
Improvements: Chairman Wagner asked how soon the left turn movements
at the 17th Street SE and M Street SE intersection will be in place. Traffic
Engineer Para said that the notices are going up within a week and the
barriers should be installed within the next 2-3 weeks.
Chairman Wagner asked if staff is researching any grants to cover the
estimated cost of the project. Traffic Engineer Para said that staff is still
completing pre-design to get a more accurate estimate and will be returning
to the Public Works Committee with more information. Traffic Engineer Para
said that the intersection will probably be a good grant candidate and one
the Muckleshoot Indian Tribe may also have some interest in.
Item D – CP1016 – Fenster Levee Project: Vice-Chair Peloza asked if the
levee project is connected to the Park’s project. Mayor Lewis answered that
the only connection is that the levee and the park are in the same vicinity.
Vice-Chair Peloza asked if the roadway in front of the 7-11 store at the
intersection of 8th Street NE and Harvey Road is scheduled for
repair. Assistant Director/City Engineer Selle answered that staff is aware of
the damage to the roadway and repair is scheduled, but he did not know the
exact date.
Vice-Chair Peloza asked if the “No Right Turn on Red” sign at the
intersection of 124th Street and SE 312th Street can be removed. Assistant
Director/City Engineer Selle said that staff will look at the sight distance at
the intersection and determine if the sign may be removed.
At the request of a citizen, Vice-Chair Peloza asked if the timing on the
traffic light at the W Main Street and C Street intersection had been
adjusted in the north/south direction. Mayor Lewis asked that staff double-
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check the timing.
Vice-Chair Peloza reported that the storm pond near the Lowe's store had
been cleaned up and repaired by the property management group and a
sign is in place asking people to contact the property manager if the pond
needs attention.
Vice-Chair Peloza asked for the Mayors assistance in contacting the
property manager responsible for the private drive in front of the Applebee’s
restaurant because the pavement and storm drain is in need of repair.
Chairman Wagner asked if there has been a conscious effort by staff to
move the north/south traffic through the City more quickly than the
east/west traffic. Assistant Director/City Engineer Selle stated there have
not been recent changes to the signal timing, but there are continuing
efforts to synchronize the signals through the north/south corridors to
address the peak commuter traffic. Chairman Wagner spoke about the
economic aspect of signal timing and asked staff to do some research for
additional information. Mayor Lewis agreed that additional policy
discussions should take place regarding signal timing and economic
development during non-peak times.
Council member Peloza asked a question about when the pavement in the
vicinity of the intersection of E Main and R Street SE is scheduled for repair.
Staff will review the condition of the pavement and report back to the
Committee.
V. ADJOURNMENT
There being no further business to come before the Public Works Committee,
the meeting was adjourned at 4:32 p.m.
Approved this ______ day of ______, 2011.
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Rich Wagner Jennifer Rigsby
Chairman Public Works Department Secretary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
September 6, 2011 Minutes
Date:
September 13, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:
Meeting Date:September 19, 2011 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1
Finance Committee
September 6, 2011 - 6:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 6:00 p.m. in Conference Room 1
located on the second floor of the City Hall Annex located at One East Main Street in
Auburn.
A. Roll Call
Chair Backus and Member Wagner were present. Vice Chair Lynn Norman was
excused. Also present were: Mayor Peter B. Lewis, Councilmember John
Partridge, City Attorney Daniel B. Heid, Human Resources and Property/Risk
Management Director Brenda Heineman, Economic Development Manager Doug
Lein, Public Works Director Dennis Dowdy, Planning and Development Director
Kevin Snyder, Finance Director Shelley Coleman, Financial Planning Manager
Martin Chaw, Economic Development Planner Bill Thomas, and City Clerk
Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
Agenda modifications included the addition of claims and payroll vouchers, the
addition of a discussion item relating to animal services, a correction to the bad
debt write-off reducing the amount to $41,305.14, and the addition of a discussion
item relating to a proposed ordinance creating a transportation benefit district.
II. CONSENT AGENDA
A. August 15, 2011 Minutes
Member Wagner moved and Chair Backus seconded to approve the August 15,
2011 minutes.
MOTION CARRIED UNANIMOUSLY. 2-0.
B. Claims Vouchers (Coleman)
Claims check numbers 406909 through 406349 in the amount of
$3,099,285.90 and one wire transfer in the amount of $5,000.00 and dated
September 6, 2011.
Committee members reviewed the claims and payroll vouchers and briefly
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FN.1
discussed claims vouchers 407000, 407018, 407177, 407255, 407251, 407277
and 407289.
Member Wagner moved and Chair Backus seconded to approve the claims and
payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 2-0.
C. Payroll Vouchers (Coleman)
Payroll check numbers 532023 to 532116 in the amount of $340,272.59
and electronic deposit transmissions in the amount of $1,160,060.45 for a
grand total of $1,500,333.04 for the pay period covering August 11, 2011 to
August 31, 2011.
See claims vouchers for approval of payroll vouchers.
D. Bad Debt Write-Off (Coleman)
City Council approve the write-off of utility customer accounts in the amount
of $41,305.14.
Financial Planning Manager Chaw reported that the bad debt write-off in the
amount of $41,305.14 consists of 23 utility accounts. The accounts are more than
six months old and are deemed uncollectible due to bankruptcy or accounts
associated with tribal land.
City Attorney Heid stated that the City is unable to file liens against tribal lands.
Member Wagner reported that the Public Works Committee will be reviewing the
utilities policies and considering whether prepaid escrow accounts or some other
method would be viable to protect the City's interests against delinquent utility
accounts.
Member Wagner moved and Chair Backus seconded to approve the bad debt
write-off.
MOTION CARRIED UNANIMOUSLY. 2-0.
III. ORDINANCES
A. Ordinance No. 6370 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance
as amended by Ordinance No. 6351, Ordinance No. 6352 and Ordinance
No. 6362 authorizing amendment to the City of Auburn 2011-2012 Budget
as set forth in Schedule "A"
Committee members reviewed Ordinance No. 6370.
Member Wagner moved and Chair Backus seconded to recommend City Council
approval of Ordinance No. 6370.
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FN.1
MOTION CARRIED UNANIMOUSLY. 2-0.
IV. RESOLUTIONS
A. Resolution No. 4750 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington declaring
certain items of property as surplus and authorizing their disposal
Public Works Director Dowdy explained that Resolution No. 4750 calls for the
surplus of various vehicles and equipment due to their high mileage, high
hours, and high cost of repairs.
Member Wagner moved and Chair Backus seconded to recommend City Council
approval of Resolution No. 4750.
MOTION CARRIED UNANIMOUSLY. 2-0.
V. DISCUSSION ITEMS
A. Ordinance No. 6376 (Lein)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 3.60.035 of the Auburn City Code regarding construction
sales tax exemption
Economic Development Manager Doug Lein presented Ordinance No. 6376,
which amends Ordinance No. 6342 authorizing certain exemptions to sales and
use tax. The proposed ordinance expands the sales and use tax incentive
program to investment and expansion of smaller boutique retail space of less than
25,000 square feet within the Downtown Urban Center District and the creation of
investment towards manufacturing jobs through change of occupancy and/or the
expansion of or new developed manufacturing space within the M1, M2 and EP
zoned districts.
B. Resolution No. 4748 (Rempher)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Interlocal Agreement
between the City of Auburn and the City of Pacific for information services
technology
Mayor Lewis explained that Resolution No. 4748 authorizes an Interlocal
Agreement between the City and the City of Pacific for information services
support. The City of Auburn already supports the Pacific Police Department with
Spillman Records Management software. The interlocal agreement extends
service to network and desktop support, virus and operating system patch
management and technical services. Mayor Lewis stated the agreement is full
cost recovery.
Member Wagner expressed concern with the last bullet item in Exhibit A, Scope of
Services, Services Provided, "technical research and recommendations" and
whether the item could be construed to apply to a large project such as a SCADA
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project. Mayor Lewis and Director Heineman explained that the services to be
provided only extend to general network and desktop services.
C. Resolution No. 4749 (Dowdy)
A Resolution of City Council of the City of Auburn, Washington, Authorizing
the Mayor and City Clerk to Negotiate and Execute an Agreement with the
City of Tacoma to Provide a Wholesale Connection for the 132nd Avenue
SE Tacoma Pipeline 5 Intertie Improvement Project (CP1103)
Public Works Director Dowdy explained that Resolution No. 4749 authorizes an
intertie project to connect the City's water system on 132nd Avenue SE to the
Tacoma Pipeline 5, similar to an earlier intertie at B Street NW.
D. GASB 54 (Coleman)
Financial Planning Manager Chaw presented information on Governmental
Accounting Standards Board (GASB) Statement 54 relating to fund balance
reporting and governmental fund type definitions.
E. Animal Services
Human Resources and Property/Risk Management Director Heineman presented
the Committee with a copy of King County's initial review of the Auburn Valley
Humane Society's proposal to provide animal services to the City of Auburn.
Director Heineman pointed out that the information provided by King County is a
draft with their final comments and analysis expected on September 13, 2011.
Director Heineman briefly reviewed King County's comments relating to capital
project contingencies, building maintenance, animal control vehicle, licensing
revenues, hours of operation, capacity, public disclosure, euthanasia rate, and
other cities' experiences.
There was brief discussion regarding animal services on the Muckleshoot Indian
Tribe reservation.
Director Heineman reported that King County Animal Control representatives will
be meeting with her on September 13, 2011, to discuss their plan for all member
cities. The City of Auburn represents 17% of King County Animal Control's
revenue.
Finance Director Coleman stated that the 2011-2012 Biennial Budget was
adopted with funding for the King County contract. The budget will have to be
amended should the City contract with Auburn Valley Humane Society, and any
capital improvements will need to be funded from undesignated General Fund
balance.
F. Transportation Benefit District
Mayor Lewis presented a draft ordinance establishing a Transportation Benefit
District. A Transportation Benefit District provides another tool for the levying of
additional revenue sources for transportation improvements within the District.
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FN.1
The proposed Ordinance defines the Governing Board, which would be comprised
of the Auburn City Council, defines the District, provides for an advisory
committee, designates the use of the funds, and provides for the dissolution of the
District.
VI. ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
at 7:08 p.m.
APPROVED THE ________ DAY OF SEPTEMBER, 2011.
_____________________________ _______________________________
Nancy Backus, Chair Danielle Daskam, City Clerk
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FN.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 6, 2011 City Council Meeting
Date:
September 13, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 19, 2011 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A
City Council Meeting
September 6, 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,
Virginia Haugen and John Partridge. Councilmember Lynn Norman was excused.
Directors and staff members present: Chief of Police Bob Lee, Assistant Police
Chief Bill Pierson, Police Commander Mike Hirman, Police Commander Steve
Stocker, Police Commander David Colglazier, Police Records Manager Rhonda
Thompson, Planning and Development Director Kevin Snyder, City Attorney
Daniel B. Heid, 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. Officer Recognition
Mayor Lewis and Chief of Police Bob Lee presented a Medal of
Distinction to Auburn Police Officer Ashton Pearson.
On June 21, 2011, at approximately 8:20 p.m., Officer Pearson
demonstrated outstanding courage in the performance of his duties by
placing himself in harm's way to rescue a citizen from a dangerous
environment. Officer Pearson had noticed a motorcycle traveling at an
extremely high rate of speed, northbound on Auburn Way North, at which
point he attempted to catch the motorcycle.
In the 4200 block of Auburn Way North, Officer Pearson found that the
motorcycle had been involved in a collision with another vehicle. The
motorcycle had hit a vehicle at such a high rate of speed, that the vehicle
was turned over and resting on its driver's side. The motorcyclist lay
motionless on the ground as the motorcycle burst into flames. The burning
motorcycle was in contact with the overturned vehicle, and the driver of that
vehicle was trapped inside.
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CA.A
With flames from the motorcycle threatening to ignite the overturned vehicle,
Officer Pearson first tried to break the windshield with his ASP to reach the
trapped driver. As Officer Pearson worked on creating an opening in the
windshield, the spare tire of the vehicle caught fire. Officer Pearson climbed
on top of the now burning vehicle in order to attempt to remove the driver
through the passenger window. Officer Pearson was ultimately able to pull
the driver to safety, through the passenger window, from his position on top
of the burning vehicle.
Mayor Lewis and Chief of Police Lee commended Officer Pearson for his
courage and heroic actions to extricate the driver from an imminent threat.
Officer Pearson thanked Mayor Lewis and Chief Lee for the honor. Officer
Pearson was accompanied his wife, Tamara, and his brother, Lance
Pearson, also an Auburn Police Officer.
2. Proclamation - "A Day of Remembrance Marking the 10th Anniversary
of the September 11th Tragedy"
Mayor Lewis declared September 11, 2011 as "A Day of
Remembrance Marking the 10th Anniversary of the September 11th
Tragedy".
Mayor Lewis read the proclamation expressing the City's support of the
United State's Senate regarding coming together as a nation and ceasing all
work or other activity for a moment of remembrance beginning at 10:00 a.m.,
Eastern Daylight Time, on September 11, 2011, in honor of the tenth
anniversary of the terrorist attacks committed against the United States on
September 11, 2001; and marking the moment in an appropriate manner.
Mayor Lewis announced several activities that will occur in Auburn on
September 11, 2011 to provide an opportunity for reflection, remembrance,
and to honor those that lost their lives on 9/11. At 8:45 a.m. at the Auburn
International Farmers Market opening ceremony, VFW Post 1741 will
have the Presentation of Colors, the national anthem, invocation, and
comments. Auburn will participate in the 9/11 National Moment of
Remembrance at 10:00 a.m. in downtown at the Farmers Market. Then later
at 2:30 p.m. at the Auburn Performing Arts Center, the Triumph of the
American Spirit Tribute Concert will be held to honor first responders,
men, women and children that perished and those that survived the 9/11
events and recognize the energy and commitment of those who safeguard
our communities each day.
3. Proclamation - "Constitution Week"
Mayor Lewis declared the week of September 17-23, 2011 as
"Constitution Week" in the city of Auburn.
Mayor Lewis presented the proclamation to Daughters of the American
Revolution Chapter Regent Hilda Meryhew. Ms. Meryhew introduced other
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CA.A
members of the Lakota Chapter in attendance: Liz Walker, Donna
Bradshaw, Roberta Yates, and Gayle Butcher. Ms. Meryhew thanked Mayor
Lewis for the recognition of Constitution Week and presented Mayor Lewis
with a Constitution "kit" consisting of copies of the Declaration of
Independence, Bill of Rights, national anthem, and other items. Ms.
Meryhew also presented Mayor Lewis with a commemorative plaque from
the Lakota Chapter of the National Society of the Daughters of the American
Revolution Constitution Week Committee in recognition of his outstanding
work in upholding and promoting the ideals of the Constitution of the United
States.
4. Proclamation - "National Recovery Month"
Mayor Lewis declared the month of September 2011 as "National
Recovery Month" in the city of Auburn.
Mayor Lewis read and presented the proclamation declaring the month of
September 2011 as "National Recovery Month" in the city of Auburn to
Jackie Jamero Berganio, Project/Program Manager for King County Mental
Health, Chemical Abuse and Dependency Services Division, and urged the
support of prevention and treatment. Ms. Berganio expressed her
appreciation for the proclamation and for the support from the citizens and
service providers.
5. 2011 KaBOOM! Playful City USA
Councilmember Backus announced that the City of Auburn has been named
a "Playful City" for the last three years by KaBOOM!, a national non-profit
organization dedicated to building and renovating America's playgrounds. In
the September 2-4, 2011 edition of the USA Weekend magazine, Auburn
was highlighted as a Playful City and a photo of Auburn's Discovery
Playground was one of the play areas featured in the article. The article
states that Auburn was chosen as a "Playful City" because of the
community's efforts to raise the money and build the Discovery Playground
and the City's commitment to diversity of play.
Mayor Lewis noted that the idea for Discovery Playground came from several
Councilmembers' attendance at National League of Cities meetings. Mayor
Lewis congratulated the Council on their efforts.
6. Washington Finance Officers Association's Professional Finance
Officer Award" and Distinguished Budget Award
Mayor Lewis announced that Finance Director Shelley Coleman is the
recipient of the Washington Finance Officers Association's "Professional
Finance Officer Award" for the State of Washington. The annual award
requires ongoing educational and professional excellence and Finance
Director Coleman has been the recipient of the award for eighteen years.
Mayor Lewis also announced that Auburn is also the recipient of the
Page 3 of 10
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Government Finance Officers Association (GFOA) Distinguished Budget
Award for the 2011-2012 Biennial Budget.
Director Coleman thanked her department staff, which she described as
exceptional, for their work on the budget.
7. Auburn International Farmers Market
Mayor Lewis and Councilmember Peloza announced that the Auburn
International Farmers Market is rated second among markets of its size in
the state of Washington. Additionally, the Auburn Market is rated twelfth
among markets of its size across the county. Mayor Lewis commended
Councilmember Peloza for his work to bring a farmers market to the city of
Auburn. Councilmember Peloza in turn thanked the many market volunteers
and Market Manager Joanne Macnab for their tireless work to make the
market a success.
8. Transportation, Transit and Trails Committee
City Council to confirm the appointment of John Daniels, Jr. to the
Transportation, Transit and Trails Committee for a three year term
expiring December 31, 2013.
Deputy Mayor Singer moved and Councilmember Wagner seconded to
confirm the appointment of John Daniels, Jr., to the Transportation, Transit
and Trails Committee for a term to expire December 31, 2013.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. Agenda Modifications
Agenda modifications included the addition of claims and payroll vouchers, the
addition of a proclamation for National Recovery Month, and a reduction in the
amount of bad debt write-off.
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.
Heidi Shoemaker, 1617 56th Court SE, Auburn
Ms. Shoemaker expressed concern with street maintenance. She stated that she
and her husband sent emails to the City complaining of the street conditions, but
never received a response. Mayor Lewis suggested that Ms. Shoemaker
address future emails to him. Mayor Lewis also spoke regarding lack of funding
for arterial and corridor street preservation due to recent state-wide initiatives.
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The City is performing cracksealing and deep patching in an effort to maintain the
integrity of the streets until funding for arterial street preservation can be identified.
C. Correspondence
There was no correspondence for City Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met August 22, 2011.
The Committee reviewed Resolution No. 4734 relating to Auburn Municipal Airport
fees. The Committee also discussed the animal control and licensing program,
Resolution No. 4747 relating to an agreement with the Auburn Valley Humane
Society, Resolution No. 4729 approving the formation of a Community
Connectivity Consortium, the Auburn Golf Course working capital, Ordinance No.
6370 approving a budget amendment, a memorandum of understanding for the
utilization of airport facilities by a hobby group, and the Committee matrix. The
next regular meeting of the Municipal Services Committee is scheduled for
September 12, 2011 at 3:00 p.m.
B. Planning & Community Development
Vice Chair Backus reported the Planning and Community Development
Committee met August 22, 2011. The Committee discussed Resolution No. 4733
authorizing the renewal of Public Way Agreement No. 06-22 for AboveNet
Communications for existing fiber optic conduit in the right-of-way along West
Valley Highway, Auburn Center for Emergent Business "Innovation Partnership
Zone" (IPZ), and the proposed downtown parking management plan. The next
regular meeting of the Planning and Community Development Committee is
scheduled for September 12, 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 a right-of-way use permit for Mohawk Plastics along the
A/B Street corridor, a right-of-way use permit for the Veterans Day Parade, and
contract administration items related to Public Works Project No. CP1116,
Downtown Pedestrian Lighting Replacement, and Public Works Project No.
CP1117, the 2011 Arterial and Collector Crack Seal Project. The Committee also
reviewed Resolution No. 4733 authorizing the renewal of a Public Way Agreement
with AboveNet Communications, and Resolution No. 4749, authorizing an
agreement with City of Tacoma to provide a wholesale connection for the Tacoma
Pipeline 5 Intertie Improvement Project. The Committee discussed a proposed
ordinance creating a Transportation Benefit District and Resolution No. 4750
declaring surplus property. The next regular meeting of the Public Works
Committee is scheduled for September 19, 2011 at 3:30 p.m.
D. Finance
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Chair Backus reported the Finance Committee met this evening at 6:00. The
Committee approved claims and payroll vouchers and bad debt write-off in the
amount of $41,305.14 for utility accounts that are no longer considered
collectible. The Committee also reviewed Ordinance No. 6370, amending the
2011-2012 Biennial Budget and Resolution No. 4750 declaring certain items of
property as surplus. The Committee also discussed Ordinance No. 6376 relating
to construction sales tax exemption, Resolution No. 4748 authorizing an interlocal
agreement with the City of Pacific for information services technology, Resolution
No. 4749 authorizing an agreement with the City of Tacoma for a connection to
Tacoma Pipeline 5, Government Accounting Standards Board Statement 54
relating to classification of fund balances, animal services, and a proposed
Transportation Benefit District. The next regular meeting of the Finance
Committee is scheduled for September 19, 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
The Downtown Redevelopment Committee has not met since the last Council
meeting.
G. Council Operations Committee
The Council Operations Committee has not met since the last Council meeting.
IV. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on state, regional and local
organizations.
A. From the Council
Deputy Mayor Singer reported that the Council met in Committee of the Whole on
August 29, 2011, where the Council heard a presentation from Pacific Raceways,
information on animal services and the Auburn Valley Humane Society, and
transportation funding options. Deputy Mayor Singer also reported on her
attendance at King County Councilmember Pete von Reichbauer's "Good Eggs"
breakfast where the speaker was the Executive Director for the Trade and
Development Alliance. Deputy Mayor Singer also was pleased to commission a
new police officer today, Officer Alan Ghasserani, a lateral transfer from the Los
Angeles area.
Councilmember Wagner reported that he has been involved in coordinating
projects with a professor from Washington State University to work with the City's
resource conservation manager to apply modeling systems relating to green
power generation systems and with senior Civil Engineering students on their
designs for an underground parking garage in the downtown area.
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Councilmember Backus reported that she attended the White River Valley
Museum's latest exhibit on funerary practices. Councilmember Backus also
attended the Auburn International Farmers Market and The Auburn Downtown
Association's Wine and Music Festival in downtown Auburn, which appeared to be
very successful.
Councilmember Peloza reported that he attended the Airport Advisory Board
meeting where the members discussed options for roof repairs, aircraft detail
businesses, and a proposed emergency response exercise. Councilmember
Peloza also reported on his attendance at the King County Water Pollution
Abatement Advisory Committee and activities scheduled for the Auburn
International Farmers Market this Sunday. Councilmember Peloza reminded that
the Market's third season will conclude on Sunday, September 25th.
Councilmember Peloza also attended The Auburn Downtown Association's Wine
and Music Festival in downtown Auburn.
Councilmember Haugen commented that she attended the Auburn International
Farmers Market. Councilmember Haugen also commended Finance Director
Coleman for receiving the "Professional Finance Officer" award from the
Washington Finance Officers Association. Councilmember Haugen also
congratulated the Council and Parks, Arts and Recreation staff for Auburn's
recognition as a "Playful City."
B. From the Mayor
Mayor Lewis announced that Governor Gregoire will be delivering comments
at The Triumph of the American Spirit concert, a tribute to South King County’s
fire and police, in commemoration of the valiant efforts of first responders
surrounding the events of 9/11, held at the Auburn Performing Arts Center on
Sunday. Mayor Lewis also announced that the Auburn Jail is now empty and all
prisoners have been transferred to the new South Correctional Entity (SCORE)
facility in Des Moines. Mayor Lewis, as chair of the Association of Washington
Cities Transportation and Economic Development Committee, met with the
Association of Washington Cities (AWC) to review the priorities for the next state
legislative session. AWC identified transportation as the top priority for the state
to ensure the economic vitality of the state.
V. CONSENT AGENDA
A. Minutes of the August 15, 2011 City Council Meeting
B. Minutes of the May 12-13, 2011 City Council Special Meeting
C. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532023 to 532116 in the amount of $340,272.59 and
electronic deposit transmissions in the amount of $1,160,060.45 for a grand total
of $1,500,333.04 for the pay period covering August 11, 2011 to August 31, 2011.
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D. Bad Debt Write-Off (Backus/Coleman)
City Council approve the write-off of utility customer accounts in the amount
of $41,305.14.
E. Public Works Project No. CP1116 (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP1116,
Downtown Pedestrian Lighting Replacement.
F. Public Works Project No. CP1117 (Wagner/Dowdy)
City Council award Small Works Contract No. 11-19 to Doolittle
Construction, LLC on their low bid of $95,150.00 for Project No. CP1117,
2011 Arterial & Collector Crack Seal Project
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 406909 through 406349 in the amount of
$3,099,285.90 and one wire transfer in the amount of $5,000.00 and dated
September 6, 2011.
Deputy Mayor Singer moved and Councilmember Wagner moved to approve the
claims vouchers.
Councilmember Haugen expressed opposition to vouchers related to travel,
meals, and dues to civic organizations.
MOTION CARRIED. 5-1. Councilmember Haugen voted no.
VII. NEW BUSINESS
There was no new business for Council review.
VIII. ORDINANCES
A. Ordinance No. 6370 (Backus/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance
as amended by Ordinance No. 6351, Ordinance No. 6352 and Ordinance
No. 6362 authorizing amendment to the City of Auburn 2011-2012 Budget
as set forth in Schedule "A"
Councilmember Backus moved and Councilmember Wagner seconded to
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introduce and adopt Ordinance No. 6370.
The ordinance amends the 2011-2012 Biennial Budget by authorizing three new
full-time employee positions, including a Senior Accountant, Bailiff/Court Security
Officer, and Marketing/Promotions Coordinator. The budget amendment also
includes correction of revenue funding for the Wayfinding Project, adjusting City
Hall Annex debt funding, reduction of revenue and expense budget for the Golf
Course, and adjustment of the Information Service Fund revenue and expenses to
reflect revenue and expenses related to interlocal agreements with Algona and
Pacific for technical support.
Councilmember Partridge expressed concern that the Marketing and Promotions
Coordinator will be responsible for more duties rather than devoted strictly to
animal services marketing, which could affect pet licensing revenues.
Councilmember Peloza commented that the new position of Marketing and
Promotions Coordinator will be responsible for other enterprises, such as the
cemetery.
MOTION CARRIED UNANIMOUSLY. 6-0.
IX. RESOLUTIONS
A. Resolution No. 4733 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the renewal of Public Way Agreement (PWA) 06-22 and
amending the terms of the Agreement
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4733.
The Resolution renews a current Public Way Agreement with AboveNet
Communications for existing conduit in the right-of-way along West Valley
Highway.
MOTION CARRIED UNANIMOUSLY. 6-0.
B. Resolution No. 4734 (Peloza/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
Councilmember Peloza moved and Deputy Mayor Singer seconded to adopt
Resolution No. 4734.
The Resolution provides for (car) parking fees and fees for use of the airport by
hobby aircraft clubs. No noise complaints have been received related to the
hobby aircraft activities.
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MOTION CARRIED UNANIMOUSLY. 6-0.
C. Resolution No. 4749 (Wagner/Dowdy)
A Resolution of City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to negotiate and execute an Agreement with the
City of Tacoma to provide a wholesale connection for the 132nd Avenue SE
Tacoma Pipeline 5 Intertie Improvement Project (CP1103)
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4749.
The Resolution authorizes an agreement with the City of Tacoma to construct a
wholesale connection with Tacoma Pipeline 5 so that the City of Auburn can
eventually purchase wholesale water from the City of Tacoma. Councilmember
Wagner stated that the connection to Tacoma Pipeline 5 is much more
economical than drilling a new well and installing new pumps.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. Resolution No. 4750 (Backus/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington declaring
certain items of property as surplus and authorizing their disposal
Councilmember Backus moved and Councilmember Wagner seconded to adopt
Resolution No. 4750.
The Resolution authorizes the surplus of several vehicles that have outlived their
usefulness or are too expensive to repair.
MOTION CARRIED UNANIMOUSLY. 6-0.
X. ADJOURNMENT
There being no further business, the meeting adjourned at 8:55 p.m.
APPROVED THE _____ DAY OF _________________, 2011.
__________________________ __________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
September 13, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve claims check numbers 407350 through 407720 in the amount of
$5,911,428.33 and dated September 19, 2011.
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:September 19, 2011 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
September 13, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll check numbers 532117 to 532193 in the amount of
$822,373.66 and electronic deposit transmissions in the amount of $1,142,938.33 for a
grand total of $1,965,311.99 for the pay period covering September 1, 2011 to
September 14, 2011.
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:September 19, 2011 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0815
Date:
September 13, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate No. 7
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 7 to Contract No. 09-15 in the amount of $0
and accept construction of Project No. CP0815, S. 277th St. Reconstruction Project
Phase III Mary Olson Farm Materials Procurement.
Background Summary:
For the S. 277th St. Grade Separation Project, the Federal Highway Administration
(FHWA) provided transportation mitigation funds to the City of Auburn for the restoration
of the Thomas-Nelson Farmhouse. The City of Auburn provided these funds to King
County to accomplish this work. During the course of the King County mitigation,
$101,112 in FHWA funds were not expended.
Based on a Memorandum of Agreement (MOA) between the FHWA, the Washington
State Department of Transportation, the Washington State Historic Preservation Officer,
and the City of Auburn, the unexpended funds from the S. 277th St. project are to be
expended on the preservation of the Mary Olson Farmhouse, to be completed by the
City. An earlier phase of the project, Contract 09-02, consisted of installation of
mechanical and radiant heating systems in the farmhouse and procurement of electrical,
baseboard heating, plumbing and air handling materials.
Project:
This project included procurement of landscaping materials, phrenolic resin signs, and
miscellaneous interior materials for the farmhouse, including a stove, tiles, glue lam
beams, lumber, drywall, insulation and wallpaper. Procurement for this project began in
December 2009 and was completed in the summer of 2011.
A project budget contingency of $18,228 remains in the 102 (Arterial Street) Fund.
O4.9.1 CP0815
AUBURN * MORE THAN YOU IMAGINEDCA.D
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:September 19, 2011 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D
Project No: CP0815, Contract No: 09-15Project Title:
Project Manager: Leah Dunsdon
Project Initiation
Initiation Date: _4/6/09__ Permision to Advertise
Advertisement Date: _10/13/09_ Contract Award
Award Date: _11/16/09_ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 Future Years Total
102 Fund - FHWA Mitigation Funds58,41126,71315,988101,112
102 Fund 23,91223,912
Total58,41126,71339,9000125,024
Activity Prior Years 20102011 Future Years Total
Design Engineering - City Costs (1)0 0
Design Engineering - Consultant Costs (1)0 0
Other - Advertising and Reprographics Costs3,662 3,662
Construction - Phase II (Complete)37,4050 37,405
Construction Contract Bid - Phase III17,34422,79522,38762,526
Change Order #1 - Phase III (Building Materials)(57)(57)
Change Order #2 - Phase III (Suspension)0 0
BUDGET STATUS SHEET
S. 277th St Reconstruction Project Ph III - Mary Olson Farm
Procurement
Date: September 8, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Change Order #3 - Phase III (Building Materials)3,181 3,181
Change Order #4 - Phase III (Building Materials)803 803
Change Order #5 - Phase III (Building Materials)(9)(9)
Change Order #6 - Phase III (Plants and Signs)1 1
Change Order #7 - Phase III (Plants)(1)(1)
Change Order #8 - Phase III (Plant substitution)0 0
Change Order #9 - Phase III (Signs)(449)(449)
Line Item Changes (266)(266)
Construction Engineering - City Costs (1)000
Construction Engineering - Consultant Costs (1)000
Total58,41126,71321,6720106,796
Prior Years 20102011 Future Years Total
*102 Funds Budgeted ( )(58,411)(26,713)(39,900)0(125,024)
102 Funds Needed 58,41126,71321,6720106,796
*102 Fund Project Contingency ( )0 (0)(18,228)0(18,228)
102 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
Notes:
102 Arterial Street Budget Status
(1) Consultant Costs and City Staff Costs are allocated from Parks budget for Consultant and Parks staff and General Engineering
budget for Public Works staff.
CA.D
CA.D
CA.D
CA.D
CA.D
CA.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Call for Public Hearing
Date:
September 12, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to call for a public hearing to be held October 3, 2011 to receive public
comments and suggestions with regard to the proposed modifications to the 2011-2012
Biennial Budget, including revenue estimates and possible increases in property taxes.
Background Summary:
This is the initial public hearing held prior to the review of the 2011-2012 mid-biennial
budget correction. This provides an opportunity for any citizens to make comments or
suggestions prior to publication of the mid-biennial correction. Another public hearing will
be held after publication of the mid-biennial budget correction.
F3.23
Reviewed by Council Committees:
Councilmember:Backus Staff:Coleman
Meeting Date:September 19, 2011 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6376
Date:
September 12, 2011
Department:
Planning & Community
Development
Attachments:
Ordinance No. 6376
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6376.
Background Summary:
The City Council recently approved Ordinance 6342 which authorized exemptions under
ACC 3.60.035 to the Sales and Use Tax for the repayment of taxes collected for certain
construction expenditures on structures greater than 25,000 square feet and within
zoning districts DUC, C3 & C4 districts. This ordinance targeted the City's big box retail
users and encouraged retail growth and new sales tax revenue.
This new proposed Ordinance 6376 creates additional modifications to ACC Section
3.60.035 and desires to further incentivize the construction of new or expanded
businesses in additional zoned areas of the City. These new incentives target
investment and expansion of smaller boutique retail space of less than 25,000 square
feet within the DUC district; and the creation of investment towards manufacturing jobs
through change of occupancy and/or the expansion of our new developed manufacturing
space within M1, M2 & EP zoned districts.
Unlike the prior methodology, this new Ordinance 6376 targets business expansions
with values equal to, or greater than 25 percent of the recorded assessed property
improvement value. This new Ordinance language does not change previous
modifications; but seeks to add additional incentives targeting business growth and jobs
in our City.
O3.4.1.1, O3.4.2.1.2
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:September 19, 2011 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A
1 ORDINANCE NO. 6 3 7 6
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON,
REPEALING SECTION 3.60.035 OF THE
AUBURN CITY CODE ANDCREATING A
NEW SECTION 3.60.036 OF THE AUBURN
CITY CODE REGARDING CONSTRUCTION
SALES TAX REFUNDS
WHEREAS, Auburn CityCode Chapter 3.60 imposes a sales or use tax, as the
case may be, as authorized under RCW 82.14.030 (2), upon every taxable event, as
defined in RCW 82.14.020, occurring withintheCity and specifies that the tax shall be
imposed upon and collected from those persons fromwhom the statesales tax or use
tax is collected pursuant to Chapters 82.08 and 82.12 RCW; and
WHEREAS, the City of Auburn adopted Ordinance No. 6342 on June 20, 2011,
in order to promote economic development through the development of new businesses
orthe expansionofexistingbusinesses in certain zoned areas of the City that will
contribute to increasedsales tax revenue generation withinthe City through new or
increasedsales activities that create taxable eventopportunities as specified above;
and
WHEREAS, in addition to the incentivescreated by Ordinance No. 6342, the City
of Auburndesires to incentivizethe construction of new or expandedbusinesses in
additional zoned areas of the City, andto encourage the creation ofmanufacturing jobs
by providing a similar sales tax refundand remittance opportunityfor purchaserswho
have paid the tax imposed in the City of Auburn on construction materials, fixed
equipment, or machinery installation directly related to the construction of new
commercial buildings, expansion of existing commercial buildings, or tenant
improvements to existing commercial buildings, or on sales of or chargesmade for labor
services rendered in respect to such construction or installationof such machinery or
equipment; and
Ordinance No. 6376
September 13, 2011
Page 1
ORD.A
WHEREAS, the language of the former Section 3.60.035, providing for a
Construction Sales Tax Refund, pursuant to Ordinance No. 6342, does not fit as well as
slightly revised language set forth herein below if the Construction Sales Tax Refund
were applied to the businesses included in the belowlanguage; and
WHEREAS, it is the intention hereof to expandthe availabilityof the Construction
Sales Tax Refund to notonly the circumstances covered in Ordinance No. 6342, but
also to thosecircumstances added hereby.
NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION 1. REPEAL OF SECTION TO CITY CODE. That Section 3.60.035 of
the Auburn City Code, entitled 'Construction Sales Tax Exemption,' is herebyrepealed.
SECTION 1. CREATION OF NEW SECTION TO CITY CODE. That a new
Section 3.60.036 of the Auburn City Code, entitled ' Construction Sales Tax Exemption,'
is hereby created to read as follows:
3.60.036 — Construction Sales Tax Refund
A. 1. The following purchasers in theEligible Target BusinessClasswho
have paid the tax imposed by this Chapter on construction materials, fixed
equipment, or machinery installation, or on sales of or chargesmade for labor
and servicesrendered in respect to such construction or installation of such
machinery or equipment, are eligible forexemption refund as provided for in this
Section: For property zoned Downtown Urban Center (DUC), C3 (Heavy
Commercial District), and C4 (Mixed Use Commercial), purchasesdirectly
related totheconstructionof new commercialbuildings or redevelopment of
existing vacant buildings 25,000 square feet or greater or expansionof existing
commercial buildings that creates newor expanded building floor area that
generates sales taxrevenue.
2. For property zoned Downtown Urban Center (DUC), purchases directly
related to the constructionof new commercialbuildings less than 25,000 square
feet, or redevelopment of existing buildings less than 25,000 square feet, where
the cost of the improvement is at least twenty-five percent (25 %) of the current
Ordinance No. 6376
September 13, 2011
Page 2
ORD.A
assessed value of the improvements on theproperty pursuant to the assessment
records of King or Pierce County, as applicable.
3. For property zoned M-1 (Light Industrial District), M-2 (HeavyIndustrial
District) and EP (Environmental Park District) purchases directly related to the
construction of new buildings, redevelopment of existing buildings that result in a
change of occupancy from warehouse use to manufacturing use, or
redevelopmentof existing buildingswhere the cost of the improvement is at least
twenty-five percent (25 %)of the current assessed value of the improvements on
theproperty pursuant totheassessment records of King or PierceCounty, as
applicable.
B. Beginning on the effective date ofthis Ordinance through a date
four years after the said effective date, a purchaser is eligible for exemption
refund specifiedunderthis sectionfrom thelocal sales and use tax paid under
this Chapter, as authorized under RCW 82.14.030 (2), up to a maximum of
twenty (20) percent of taxes imposed andpaidto the City of Auburn not to
exceed $100,000. The purchaser is eligible for exemption refund under this
section in the formof a remittance.
C. For purposes of this Section, the followingdefinitionsapply:
I.Change of Occupancy" means a change of thepurpose for which
a building is used or intended tobeused. The term shall also include thebuilding
orportion thereof in which such change of occupancy is made. Change of
occupancy is not intended to include change oftenants or proprietors.
2. "Commercial building" means a structure that has, as its primary
purpose, a Commercial Use as that term is defined in ACC 18.04.240.
3. "Expansion" means toaddto the floor area of a building.
4. "Purchaser: means a person or entity that is the recipient of a good
or service.
D. Eligible Target Business Classes.
I.The construction sales tax refund specified in Section 3.60.036.A.1
shall only apply to those businesses engaged in normal businessactivities under
thefollowing classifications ofbusinessesoccurring within the specifiedzoning
designations:
a) General Merchandise, Warehouse Club, SuperCenter — Sales Tax
Classification Code 45291;
b) Building Materials and Garden Home Center — Sales Tax
Classification Code 4441 1;
c) Electronics and Appliances — Sales TaxClassification Code
44311;
d) Full Service Restaurants — Sales Tax Classification Code722110;
e) New and Used Automobile and Light Utility Truck Dealers - Sales
Tax Classification Code 44110;
f) Bowling Centers - Sales Tax Classification Code 713950;
g) Motion Picture Theaters (excluding drive-in theaters) - Sales Tax
Classification Code 512131; and
Ordinance No. 6376
September 13, 2011
Page 3
ORD.A
h) Hotels — Sales TaxClassification Code 72110.
2. The construction sales tax refund specified in Sections,
3.60.035.A.2 and 3.60.035.A.3 shall apply to all businesses located in the DUC,
EP, M-1, and M-2 zoning districts as set forth in those subsections.
E. Application for Remittance.
I.Apurchaser claiming exemption refund in the form of a remittance
under this section must pay the tax imposed by ACC 3.60.020. The purchaser
maythen apply to the City for remittance in a form and mannerprescribed by the
City and shall submit informationthatthe City deemsadequate to justify the
refund, includingbut notlimited to:
a) Identification of the vendor/contractor;
b) North American Industry Classification System (NAICS) code under
which the tax was reported;
c) Name and Unified Business Identifier (UBI) number of the
vendor/contractor on theCombined Excise Tax Returnfiled with the State of
Washington; and,
d) Detailedinformationsupporting the amounts reported under the
State Useand Sales Tax sectionofthe above report for LocationCodes 1 702
and2724.
2. Apurchaser may not apply for a remittance under thissection more
frequently thanonceper quarter. The purchaser must specify the amount of
refunded taxclaimed and the qualifying purchases for which the refund is
claimed. The purchaser must retain all recordsprovided tothe City in making its
claim.
3. TheCityshall determineeligibilityunderthis section based on the
informationprovided by the purchaser, which is subjectto audit verification by the
City. If theCity verifieseligibility, it shall remiteligibletaxes paidto the purchaser.
F. Appeals. Any applicant aggrieved by an action of the City
concerningeligibility or computation of remittance under this Section may file a
writtenappeal tothe City's Hearing Examiner in accordance with Chapter 18.66
ACC within fourteen (14) calendar days of receipt of the City's decision. The
Hearing Examiner is specifically authorized to hear and decide such appeals and
thedecision of the Hearing Examiner shall be the finalaction of the City.
SECTION 3. IMPLEMENTATION. TheMayor is hereby authorizedtoimplement
such administrativeprocedures as may be necessary to carry out the directionsofthis
legislation.
SECTION 4. SEVERABILITY. Theprovisions 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 invalidityof the application
Ordinance No. 6376
September 13, 2011
Page 4
ORD.A
thereof to anypersonor circumstance shall not affect the validity oftheremainder of
thisordinance, or the validity of its application to other personsor circumstances.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect andbe 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
AP' ', ED O" • ' '
DTMel B. Hel•
City Attorney
Published:
Ordinance No. 6376
September 13, 2011
r'; Page 5
ORD.A
ACC 3.60.035 — TEXT BEING REPEALED
3.60.035 — Construction SalesTax Exemption
1(a). Purchasers in the Eligible Target BusinessClass who have paid the
tax imposed by this Chapter on construction materials, fixed equipment, or
machinery installation directly related to the constructionof new commercial
buildings or redevelopment of existing vacant buildings 25,000 square feet or
greater or expansionof existing commercialbuildings that creates new or
expanded building floor area that generates sales taxrevenue on property zoned
Downtown Urban Center (DUC), C3 (Heavy Commercial District), and C4 (Mixed
Use Commercial) or on sales of or chargesmadeforlabor and services rendered
in respectto such construction or installation of such machinery or equipment,
are eligible for an exemption as provided for in this Section.
b) Beginning on June 28, 2011 through June 27, 2015, a purchaser is
eligible for an exemption specifiedundersubsection (1) from the local sales and
use tax paid under this Chapter, as authorized under RCW 82.14.030 (2), up to a
maximum of twenty (20) percent of taxes imposed and paid to the City of Auburn
not to exceed $100,000. The purchaser is eligible for an exemptionunder this
subsection (1)(b) in the formof a remittance.
2. For purposes of this Section, the following definitions apply:
a) "Commercial building" means a structure that has, as its primary
purpose, a Commercial Useas that term is defined in ACC 18.04.240.
b) "Expansion" means to add to the floor area or height of a building.
c) "Purchaser: means a person or entity that is the recipientof a good or
service.
3. Eligible Target BusinessClass. The construction sales tax exemption
specified in Section 3.60.035.1.a-b shall only apply to those businessesengaged
in normal businessactivities underthe following classifications of businesses
occurring within the specifiedzoning designations:
a) General Merchandise, Warehouse Club, SuperCenter — Sales Tax
Classification Code 45291
b) Building Materials and Garden Home Center — Sales Tax
Classification Code 44411
c) Electronics and Appliances— Sales Tax Classification Code 44311
d) Full Service Restaurants — Sales Tax Classification Code 722110
e) New and Used Automobile and Light Utility Truck Dealers - Sales Tax
Classification Code 44110
f) Bowling Centers - Sales TaxClassification Code713950
g) Motion Picture Theaters (excluding drive-in theaters) - Sales Tax
Classification Code 512131
h) Hotels— SalesTax Classification Code 72110
4(a) A purchaser claiming an exemption in the form of a remittanceunder
subsection (2)(b) ofthis section must pay the tax imposed by ACC 3.60.020. The
Ordinance No. 6376
September 13, 2011
Page 6
ORD.A
purchaser may then apply to the City for remittance ina form and manner
prescribed by the City and shall submitinformation that the City deems adequate
to justify the exemption, including butnot limited to:
1) Identification of the vendor/contractor;
2) North American Industry Classification System (NAICS) code under
which thetaxwas reported;
3) Name and Unified Business Identifier (UBI) number of the
vendor/contractor on theCombined Excise Tax Returnfiledwith the State of
Washington; and,
4) Detailed informationsupportedtheamounts reported under the
State Useand Sales Tax section ofthe abovereport for Location Codes 1702
and 2724.
b) A purchaser may not apply for a remittance under this section more
frequentlythan once per quarter. The purchaser mustspecify the amount of
exempted tax claimed and the qualifying purchases for whichthe exemption is
claimed. The purchaser must retain all records provided to the City in making its
claim.
c) The City shall determineeligibility under this section based on the
information provided by thepurchaser, which is subject to auditverification by the
City. If theCity verifieseligibility, it shallremit eligible taxes paid to the purchaser.
5. Appeals. Any applicant aggrieved by an action of theCity concerning
eligibility or computation of remittanceunder thisSectionmay file a writtenappealtotheCity's Hearing Examiner in accordance with Chapter 18.66 ACC
within fourteen (14) calendar days of receipt of the City's decision. TheHearing
Examiner is specifically authorized to hear and decide such appeals and the
decision of the Hearing Examiner shall be the final action of the City. (Ord. 6342
1, 2011.)
Ordinance No. 6376
September 13, 2011
Page 7
ORD.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6377
Date:
September 13, 2011
Department:
Public Works
Attachments:
Ordinance No. 6377
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6377.
Background Summary:
O3.4.1.2
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:September 19, 2011 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B
ORDINANCE NO. 637 7
AN ORDINANCE OF THE CITY COUNCIL OF THECITY
OF AUBURN, WASHINGTON, ESTABLISHING A
TRANSPORTATION BENEFIT DISTRICT WITHIN, THE
CORPORATE LIMITS OF THE CITY OF AUBURN,
SPECIFYINGTHEMAINTENANCE ANDPRESERVATION
OF EXISTING TRANSPORTATION IMPROVEMENTS,
PROVIDING FOR ADDITIONAL TRANSPORTATION
IMPROVEMENTS AND CREATING A NEW CHAPTER 3.23
OF THE AUBURN CITY CODE ENTITLED "AUBURN
TRANSPORTATION BENEFIT DISTRICT"
WHEREAS, the City of Auburn has responsibility, to the extentof its resources,
forthe improvement, maintenance, and protection of public ways withinthe corporate
limits of theCity; and
WHEREAS, the improvement, maintenance, and protection and operation of
public ways requires providing necessary transportationimprovements and preserving
existing transportation,improvements to avoid catastrophic failure of theimprovements
whichwould require significant additional funds to reconstruct, as well as their gradual
deterioration; and
WHEREAS, thenumber one priority in the "WashingtonTransportation Plan for
2007-2026" adopted by the Washington Transportation Commission (."State
Transportation Plan") is to preserve and extend prior investments in existing
transportationfacilities and the servicesthey provide to people and commerce; and
WHEREAS, theState Transportation Plan identifies that there is no more
fundamental transportation investment than existing system preservation — keeping the
physical infrastructure in safe and efficient operating condition; and
WHEREAS, the investment principles fromthe Puget Sound RegionalCouncil
Destination2030Metropolitan Transportation Plan for theCentral Puget Sound
Region" states that the first priority should be to maintain, preserve, makesafe and
optimize existing transportation infrastructure and services; and
Ordinance No. 6377
September 12, 2011
Page 1 of 6
ORD.B
WHEREAS, the City haslimited transportation funding to pay for necessary
transportation preservation and maintenance; and
WHEREAS, the funding dedicated for the preservation and maintenanceof the
City's transportationinfrastructure has been dramatically reduced in recent years due to
the action of several statewide initiatives, however, theongoing annual costs to
preserve and maintain the City's transportationinfrastructurecontinue to rise making it
difficult for the City to sufficiently address these issues; and
WHEREAS, the City desires to improve its modal connectivity to facilitate better
overall transportation within the.City of Auburn; and
WHEREAS, Chapter 36.73 RCWprovides for the establishment oftransportation
benefit districts and for the levying ofadditional revenue sources fortransportation
improvements within the District that are consistent with existing state, regional and
local transportation plans and necessitated by existing or reasonablyforeseeable
congestion levels; and
WHEREAS, RCW 35.21.225 authorizes the City Council to establish a
Transportation Benefit District subject to the provisions of Chapter 36.73 RCW; and
WHEREAS, the City desires to form a Transportation Benefit Districtwhich
includes the entire City ofAuburn as the boundaries currently exist orare hereafter
expanded due to annexation; and
WHEREAS, the City, after giving proper notice, conducted a publichearing on
September 19, 2011 and took public comment regardingthe proposed establishment of
a Transportation Benefit District in accordance with RCW 36.73.050.
NOW THEREFORE, THE CITY COUNCIL OF THECITY OF AUBURN,
WASHINGTON, DOES HEREBY ORDAIN as follows:
SECTION 1. Purpose. The purpose of this Chapter is to establish a
Transportation Benefit District pursuant to RCW 35.21.255 and 36.73 RCW.
SECTION 2. Findings. The. City Council finds it is in thepublicinterest to
form a Transportation Benefit District to provide adequate levels offunding for
transportationimprovementsthat are consistent with existingstate, regional and local
Ordinance No. 6377
September 12, 2011
Page2of6
f':
ORD.B
transportation plans and are necessitated by existing or reasonably foreseeable
congestion levels, as provided in Chapter 36.73 RCW.
TheCityCouncil further finds that it is in the public interest to provide for
transportation improvements that improvemodal connectivity and that protect the City's
long term investments in its infrastructure, reduce the risk of transportationfacility
failure, improve safety, continue optimal performanceof the infrastructure over time,
and avoid more expensiveinfrastructure replacements in the future.
The CityCouncil further findsthat the City's six-year (2011-2016) Transportation
Improvement Program shall be annually updated to identifyprojects that constitute
transportation improvements that may be funded by the TBD (collectively the "TBD
Projects") as funding becomesavailable.
The City Council further finds that annuallyrecurringprojects listed under
Pavement Preservation Programs" within the City's Six-Year Transportation
Improvement Program constitute transportation improvements and shall be "TBD
Projects," until such time as the City obtains andcan sustain an average system wide
pavement condition rating of 80 within the City's Arterial Street System.
SECTION 3. A new chapter, Chapter 3.23 of the Auburn City Code entitled
Transportation Benefit District," is herebycreated toread as follows:
Chapter 3.23
Transportation Benefit District
Sections:
3.23.010 Transportation Benefit District Established.
3.23.020 Governing Board.
3.23.030 Authority of the District.
3.23.040 Use of Funds.
3.23.050 Dissolution of District.
3.23.060 Liberal Construction.
3.23.010 Transportation Benefit District Established.
There is created a transportationbenefit district tobe known as the Auburn
Transportation Benefit Districtor "District" with geographicalboundaries comprised of
the corporate limits of the City as they currentlyexist or as they may exist following
futureannexations.
Ordinance No. 6377
September 12, 2011
Page 3of6
ORD.B
3.23.020 Governing Board.
A. Thegoverning board of the Transportation Benefit District shall be the
Auburn City Council acting in an ex officio and independentcapacity, which shall have
theauthority to exercisethestatutory powers set forth in Chapter 36.73 RCW.
B. Meetingsof the TBD Boardshall be governed by the procedural rules
applicable to meetings of the CityCouncil, as these rulesmay be amended by the City
Councilfromtime to time. TBD Board actions shall be taken in thesame manner and
follow the same procedure as for the adoption of City Council resolutions. Meetings of
theTBD_ Boardshall, whenever possible, take place on the same datesscheduled for
City Council meetings.
C. The Mayor shall serve as the chair of the TBD Board and shall preside
over all meetings of the TBD Board.
D. Auburn City Attorney will serve as legal advisor tothe TBD Board, except
whereseparate counsel is engaged by the TBD or theCity Attorney has a conflictof
interest
E. The treasurer of the Transportation Benefit District shall be the City
FinancialServices Director.
F. The Board shall develop a materialchangepolicy to address major plan
changesthataffectproject delivery or theability to finance the plan, pursuant to the
requirements set forth in RCW 36.73.160(1).
G. The Board shall issue an annualreport, pursuant to the requirements of
RCW 36.73.160(2).
H. The Board may authorize an Advisory Committee, consisting of up to
seven (7) city residents who are stakeholders in the city's arterialsystem, to advise the
Board as requested on matters relatingto project priorities and material changes.
Advisory Member candidates shall be nominated by theMayor and confirmed by the
Board.
3.23.030 Authority of the District.
The Boardshall have and may exerciseanypowersprovided by law to fulfill the
purpose of the District.
Ordinance No. 6377
September 12, 2011
Page 4 of 6
ORD.B
3.23.040 Use of Funds.
The funds generated by the Transportation Benefit Districtmay be used for any
purpose allowed by law including to operate the District andto make transportation
improvementsthat are consistent with existing state, regional, and local transportation
plans and necessitated by existing or reasonably foreseeable congestion levels
pursuant to Chapter 36.73 RCW. The transportation improvements funded by the
district shall be made in an effort to protect the City's long terminvestments in its
infrastructure, to reduce the risk oftransportationfacility failure, to improve safety, to
continue optimal performance of theinfrastructure overtime, to avoid more expensive
infrastructurereplacements in the future and to improve modal connectivity withinthe
City of Auburn. Additional transportationimprovement projects of the district may be
funded only aftercompliance with the provisions of RCW 36.73.050(2).
3.23.050 Dissolution ofDistrict.
The Transportation Benefit District shall be automatically dissolved, pursuantto
theprocedures set forth in chapter 36.73 RCW, when all indebtedness of the district has
been retired and when all of the District's anticipatedresponsibilities havebeen
satisfied.
3.23.060 Liberal Construction.
As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally
construed to permit the accomplishment of its purposes.
1II
SECTION 4. Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shallnot affectthe validity of the remaining portion of this ordinance and thesame shall
remain in full force and effect.
SECTION 5. Effective Date. Thisordinance shall take effect and be in force five
5) days from and after its passage, approval and publication as provided by law.
INTRODUCED:
Ordinance No. 6377
September 12, 2011
Page 5of6
ORD.B
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Atil'
D A TO FORM:
ij
Dn iei B. He°:,'City Attorne
Published:
Ordinance No. 6377
September 12, 2011
Page 6 of 6
ORD.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4729
Date:
August 16, 2011
Department:
Information Services
Attachments:
Resolution No. 4729, Agreement and
Charter
Budget Impact:
$0
Administrative Recommendation:
City Council Adopt Resolution 4729.
Background Summary:
In February of 2009, City of Auburn Council approved Resolution 4448 which adopted
an interlocal agreement with several cities, school districts and the University of
Washington to allow for jointly constructing and managing fiber optic projects. In order to
be more competitive in grant applications and to better serve a growing consortium
membership, the form of the organization has been changed to a Public Corporation.
The new Public Corporation ILA attached achieves the following:
Establishes a nine-member governance board including regional representation
from the Valley Cities. Currently Auburn and Renton are serving terms on the
Executive Board
Provides for joint ownership of future fiber resources
Provides a framework for managing decision making, project management, grant
application and funding
Provides better protection for all members from legal liability for the actions of the
consortium
Names the consortium the "Community Connectivity Consortium"
Simplifies future changes by defining the board responsibilities to include creation
and management of administrative policies.
The revised consortium is expected to pass a budget for the 2012 calendar year that
may require voting members to pay dues into the consortium to fund administrative costs
such as project management, grant management and fiber maintenance. The dues for
Auburn are not expected to exceed $3,000 and can be paid from existing fiber
maintenance budget. The City may opt to become a non-voting member in the future
should that cost become more than the City deems acceptable. Non-voting members are
AUBURN * MORE THAN YOU IMAGINEDRES.A
not subject to membership dues.
A3.16.12
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Rempher
Meeting Date:September 19, 2011 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A
RESOLUTION NO. 4729
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN,, WASHINGTON, APPROVING
THE FORMATION OF THE. COMMUNITITY
CONNECTIVITY CONSORTIUM, A PUBLIC
CORPORATION, AUTHORIZING THE MAYOR AND
CITY CLERK.TO ENTER INTO AN INTERLOCAL
AGREEMENT ESTABLISHING THE COMMUNITY
CONNECTIVITY CONSORTIUM BETWEEN THE
CITY ANDOTHER GOVERNMENT AGENCIES FOR
THE CONSTRUCTION AND MANAGEMENT OF
FIBER OPTIC, PROJECTS, AND APPROVING THE
CHARTER OF THE COMMUNITY CONNECTIVITY
CONSORTIUM.
WHEREAS, the City of Auburn ("City") is a participant and member of the
Regional FiberConsortium, the purpose of which is to construct and operate
regional fiber optic facilities; and
WHEREAS, the current members of theRegional Fiber Consortium, along
with new local government agencies, wish to establish a public corporation called
the Community Connectivity Consortium ("Consortium") and enter into a new
interlocal agreementthat updates and streamlines theConsortium's policies and
procedures; and
WHEREAS, Chapter 39.34 RCWauthorizesthe City to enter into an
interlocal cooperation agreement to perform any governmentalservice, activity or
undertaking which each contracting party is authorized by law to perform and
RCW 35.21.730 through 35.21.759 authorizes the formation of a public
corporation.
NOW, THEREFORE, THECITY COUNCIL OF THECITY OF AUBURN,
HEREBYRESOLVES as follows:
Resolution No. 4729
August 2, 2011
i Page 1 of 3
RES.A
Section 1. That theMayor is hereby authorized to execute on behalfof
theCity an interlocal agreement substantially similar to that attached as Exhibit
A, which is entitled "Interlocal Agreement Establishing the Community
ConnectivityConsortium."
Section 2. The Cityhereby approvesthe creation of a public authority by
theCity of Kirkland tobe designated as the Community ConnectivityConsortium
Consortium"). The purpose of the Consortium is toacquire, construct, operate,
manage and maintain a regional communications network that meets the needs
of community institutions, includingbut not limited to government agencies,
hospitals, schools and universities. The proposed form ofordinance tobe
considered by the City Council of the City of Kirkland, alongwith a draft of the
Charter for the Consortium, attachedhereto as Exhibits B and C respectively, are
hereby approved. The City herebyapproves the formation by the City of Kirkland
of the Consortium by theapproval of such Ordinance and Charter substantially in
the form presented tothis Council.
Section 3. The Consortium shall bean independent legal entity
exclusively responsible for its own debts, obligations and liabilities. All liabilities
incurred by the Consortium shall be satisfied exclusively from the assets and
credit of the Consortium. No creditor or other person shall have any recourse to
the assets, credit or services of the City on account of any debts, obligations,
liabilities, acts or omissions of the Consortium.
Section 4. That the Mayor is authorized to implement such administrative
procedures as maybe necessary to carry out the directives of'thislegislation.
Resolution No. 4729
August 2, 2011
Page 2 of 3
RES.A
Section 5. That this Resolution shall take effect andbe in full force
upon passage and signatures hereon.
Dated and Signed this day of 2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP- *VED `S TO FORM:
Farb'
Prniel B. Hei•, City g o g ey
Resolution No. 4729
August 2, 2011
Page 3 of 3
RES.A
INTERLOCALAGREEMENT
ESTABLISHING THE COMMUNITY CONNECTIVITYCONSORTIUM
THIS AGREEMENT ("Agreement") is entered into amongthe followingpublic agencies
organized under the laws of the Stateof Washington, hereinafter referred to as the
Members" which are parties signatory to this Agreement: (1) City of Bellevue; (2) City
of Kirkland; (3) Lake Washington School District; (4) University of Washington; (5)
Bellevue College; (6) Bellevue School District; (7) King County PublicHospitalDistrict
No. 2 d/b/a Evergreen Healthcare; (8) City of Federal Way; (9) City of Renton; (10)
Renton School District; (11) City of Seattle; (12) City of Algona; (13) City of Auburn; (14)
City of Kent; (15) City of Pacific; (16) City of Puyallup; (17) City of Tukwila; (18) Valley
Communications Center (collectively, the "Parties"). This Agreement shall takeeffect
uponthe signature of nine (9) or more of the Parties to this Agreement.
ThisAGREEMENT replaces the previousInterlocal Agreement: General Terms and
Conditionsfor SharingFiber Optic InstallationProjects, whichtook effect on December
6, 2003 ("Fiber Interlocal"), except forthe limited purposesset forth in Section 5 of this
Agreement.
This Agreement is being made pursuant to the Interlocal Cooperation Act, Chapter
39.34 RCW, and pursuant to the authoritygranted for formation ofpublic corporations in
RCW 35.21.730 through 35.21.759, andhas been authorized by the legislativebody of
each jurisdiction signing this Agreement.
RECITALS
Whereas the University of Washington, Lake Washington School District, City of
Kirkland andCity ofBellevue signedInterlocal Agreement: General Terms and
Conditions for SharingFiber Optic InstallationProjects, effective December 6, 2003
Fiber Interlocal") for the purpose of outlininghowthe parties will work together on fiber
opticprojects for the benefits of all the participatingparties and established the original
backbone oftheFiber Consortium networkthrough contributionsof budget, fiber assets,
conduit, right ofway and staff expertise; and
Whereas EvergreenHealthcare, BellevueSchool District, City of Renton, Renton
SchoolDistrict, BellevueCollege, City of Seattle and City of Federal Way havesigned
the Fiber Interlocal and the joining amendments were fully executed by theparticipating
parties; and
Whereas all projects to be completedunder the Fiber Interlocalwere required to have a
FiberOpticProject Agreement signed by all participating partiesspecifying lead agency
and participant roles, projectschedule, budget, route, fiber allocation and ownership,
points ofdemarcation, maintenanceresponsibilities, and other details of each project;
and
Consortium Interlocal Final Page 1 of 8
RES.A
Whereas projectscompletedunder a Fiber OpticProject Agreement defines the Fiber
Consortium network, which is separate from each participating parties' networksunless
transfersof a party's fiber assetswereexecuted through a Fiber OpticProject
Agreement; and
Whereas the growing Fiber Consortiumnetwork with additionalagencies in the process
of joining and executing more projects has become cumbersome to manageunder the
current structure. The City of Algona, City ofAuburn, City of Kent, City of Pacific, City of
Puyallup, City of Tukwila, and Valley Communication Center have approved joining the
Consortium and executed a joining Fiber Optic Agreement; and
Whereas the members of the Fiber Consortium network are seeking grant opportunities
to fund expansion to serve members' needs and has been successful in recent grant
programs and thus the fiscal, administrative and project oversightresponsibilities
require more structure; and
Whereas the forming of thisConsortiumpursuant to RCW 39.34.030 and RCW
35.21.730 through 35.21.759 will provide the additional structure that is required; and
Whereas therights establishedfor each participant in each Fiber Optic Project
Agreement shall not terminate with the replacement of the FiberInterlocal.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
I.ESTABLISHMENT OF THECONSORTIUM
The purpose of this Agreement is to create the CommunityConnectivity Consortium
Consortium"). The Consortium shall be created as a separate legal entity as
authorized by RCW 39.34.030 and shall be a public corporationpursuant to RCW
35.21.730 through 35.21.759. Upon approval and execution of this Agreement and
approval of the form of the Consortium Charter by nine (9) members, the Consortium
Charter shall be adopted by Ordinance by the City of Kirkland and then executed and
issued by the City of Kirkland.
II. PURPOSE
The mission of the Consortium is to create a vibrant and competitive region by providing
connectivity services to meet the needs ofour community institutions— hospitals,
universities, schools and government agencies. The Consortium shall have the
following purposes:
A. Create a regionallycoordinated, open-access networkthatleverages the
assets and resources of the members using strategic opportunities to provide
low-cost, stable, robust, efficient connectivity services to members and their
communities.
Consortium Interlocal Final Page 2 of 8
RES.A
B. Ensure the networkinfrastructureremains free ofencumbrance and can be
used for innovative opportunities by members.
C. Develop and enhance working relationships among members and explore
ways to the use the network collaboratively to makeour community a better
place tolive, work and play by sharing risks and rewards equitably.
D. Explore public/privatepartnerships tothe benefit ofthe members and
membercommunities.
E. Achieve economies of scale throughcollaboration and coordination of
projects and investments.
F. Balance current needs with future needs in decision making to achievelower
long-term costs.
III. PARTIES TO AGREEMENT
EachParty to this Agreement certifiesthat it intends to and does contract with all other
Parties who are signatories of this Agreement and, in addition, with such other Parties
as may later be added to and become signatories of this Agreement. Each current and
all future signatories to this Agreement shall be considered Partieshereto so longas the
signatory is a Voting Memberof the Consortium.
IV. MEMBERSHIP/MEETINGS
Membership in the Consortium shall be limitedto government agenciesauthorized to
become signatories toan Interlocal Agreement as authorized by RCW 39.34.030, and
who contribute assets, resources, and/or shared services for the benefit of Members.
The addition of new Members shall be subject to the approval of a simplemajority of the
Consortium Board, as established by the Consortium, to manage its operations.
V. GENERAL PROVISIONS
A. Duration: ThisAgreement shall commence upon full execution and continue
to remain in existence as long as it has ConsortiumMembers.
B. Work Product/Confidentiality: All work product includingrecords, data,
information, documents, files, designs, sketches, finishedor unfinished
documents or otherdocuments, material or data produced in performance of
this Agreement shall become the property of the Consortium. All such work
product shall be kept confidential by all of the ConsortiumMembers and the
Member's employees and agents and shall not be made available to any
individual ororganization by any Consortium Member without the prior written
consent of the Consortium Board or unless required pursuant to court order,
the Public DisclosureAct RCW 42.56 orotherapplicable law.
Consortium Interlocal Final Page 3 of 8
RES.A
C. Termination: Upon 180 days written notice by a ConsortiumMember, this
Agreement may be terminated and/or dissolved by a vote of 3/4 of the voting
Consortium members at the next Consortium annual meeting. In the event
this Agreement is terminated and/ordissolved, assets shall be distributed by
the Consortium Board among ConsortiumMembers after paying or making
provisions for the payment of all debts, obligations, liabilities, costs and
expenses of the Consortium. The distribution shall be based on the following:
1. Non-cash assetscontributed without charge by a Consortium
member shallrevert to the contributor. If the contributor is no longer a
member, thenthe asset shall be treated as if it wasacquired with
Consortium funds.
2. The Consortium Board shall conduct a valuation of all remaining
assets. Assetsacquired, using Consortiumfunds, after the effective date
of this Agreement shall be soldby the Consortium Board, if appropriate,
and the money or assetvaluedistributed to those members still
participating in the Consortium on the day prior tothe termination date.
Thedistribution shall be apportioned by takingthe percentage that a
Member has contributed to the total Consortiumbudgetover the existence
of this Agreement and applying thatpercentage to the remainder of the
assets, resulting in the amount each Member shall receive upon
distribution. Assets acquired after the effective dateof this Agreement by
the Consortium via grant funds shall be distributed in accordance with the
terms of the grant andif no such provisionexists in the grant, then
distributions shall be in accordance with the terms of this Agreement. A
Member can elect to take an asset in lieu of money.
If the Consortium Board is unable to fulfill theseduties, any such asset not so
disposed of may be disposed of by a Court of Competent Jurisdiction of the
county in which theprincipal office ofthe Consortium is then located.
D. Miscellaneous: This Agreement constitutes theentire agreement ofthe
parties. No provision of the Agreement may be amended or modified except
by written agreement signed by at least 3/4 of all Voting Members. This
Agreement shall be binding upon and inure to the benefit of the Parties'
successors in interest and assigns. This Agreement does not confer upon
any persons other thanthe current and all futureParties anyrights or
remedies under this Agreement. Anyprovision of this Agreement which is
declared invalid or illegalshall in no wayaffect or invalidate any other
provision. The venuefor any dispute related to this Agreement shall be King
County, Washington. Time is of the essence of this Agreement and each and
all of its provisions in which performance is a factor. This Agreement may be
executed in counterparts.
Consortium Interlocal Final Page 4 of 8
RES.A
This Agreement has been executed by eachparty on the date set forth below:
CITY OF BELLEVUE CITY OF KIRKLAND
By: By:
Its: Its:
Date: Date:
Approved as to form: Approved as to form:
LAKE WASHINGTON SCHOOL UNIVERSITY OF WASHINGTON
DISTRICT NO. 414
By:
By: Its:
Its:
Date:
Date:
Approved as to form:
Approved as to form:
Consortium Interlocal Final Page 5 of 8
RES.A
BELLEVUE COLLEGE BELLEVUE SCHOOL DISTRICT NO. 405
By: By:
Its: Its:
Date: Date:
Approved as to form: Approved as to form:
KING COUNTY PUBLIC HOSPITAL CITY OF FEDERAL WAY
DISTRICT NO. 2 d/b/a Evergreen
Healthcare
By:
Its:
By:
Its: Date:
Date: Approved as to form:
Approved as to form:
CITY OF RENTON RENTON SCHOOL DISTRICT NO. 403
By: By:
Its: Its:
Date: Date:
Approved as to form: Approved as to form:
Consortium Interlocal Final Page 6 of 8
RES.A
CITY OF SEATTLE CITY OF ALGONA
By: By:
Its: Its:
Date: Date:
Approved as to form: Approved as to form:
CITY OF AUBURN CITY OF KENT
By: By:
Its: Its:
Date: Date:
Approved form: Approved as to form:
aft
CITY OFIC CITY OF PUYALLUP
By: By:
Its: Its:
Date: Date:
Approved as to form: Approved as to form:
Consortium Interlocal Final Page 7 of 8
RES.A
CITY OF TUKWILA VALLEY COMMUNICATIONS CENTER
By: By:
Its: Its:
Date: Date:
Approved as to form: Approved as to form:
11
a.,
Consortium Interlocal Final Page 8 of 8
RES.A
CHARTER OF THE COMMUNITYCONNECTIVITY CONSORTIUM, A WASHINGTON
PUBLIC CORPORATION
ARTICLE I
NAME AND SEAL
The name of thiscorporation shall be the"Community Connectivity Consortium"
Consortium"). Thecorporate seal of the Consortium shall be a circle withthe name of the
Consortium and theword "SEAL" inscribed therein.
ARTICLE II
AUTHORITY FOR CONSORTIUM; LIMIT ON LIABILITY
Section 1. Authority. The Consortium is a public corporation organized pursuant to
Revised Code of Washington ("RCW") 35.21.730 through 35.21.759, as the same now exist or
may hereafter be amended, or any successor act or acts (the"Act"), Ordinance No.of the
City of Kirkland, passed on 2011 and the Interlocal Agreement Establishing the
Community Connectivity Consortium adopted and approved by Consortium Members, a copy of
which is attached hereto as Exhibit A and incorporated herein by this reference ("Interlocal
Agreement").
Section 2. Limitation on Liability. All liabilities incurred by the Consortium shall be
satisfied (a) in the case of obligations or liabilities of the Consortium which are notlimited
recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in
the case of obligationsor liabilities of the Authority which, by their terms, are limited recourse
obligations, from such assets, properties or revenue of the Authority as shall be specifically
pledged thereto orotherwiseidentified as being the source of payment of such limited recourse
obligations or liabilities, and no creditor or other person shall haveany right of action against or
recourse to Consortium Members, their assets, credit or services on account of any debts,
obligations, liabilities or acts or omissions of the Consortium.
Section 3. Liability of Consortium and Consortium Members. The following
disclaimer shall be printed or stamped on all contracts or other documents that may entail any
debt orliability by the Consortium:
The Community Connectivity Consortium ("Consortium") is a public corporation
organized pursuant to the ordinances and approvals of the Consortium Members
and RCW 35.21.730 through 35.21.759and RCW Chapter 39.34. RCW
35.21.750 provides as follows: "[A]Il liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission, or authority and
no creditor or other person shall have any right of action against the city, town,
or county creating such corporation,commission or authority on account of any
debts, obligations, or liabilities of such public corporation, commission, or
authority."
In no event shall the obligations of the Consortium be payableby recourse
against any properties, assets or revenues of the Consortium Members, the State
3
RES.A
of Washington or any other political subdivision of the State of Washington. No
person to whom such obligations are owed shall have any recourse or right of
actionagainst the Consortium Members, the State of Washingtonor any other
political subdivision thereof on account of such obligations.
Any of the Consortium Members may, by ordinanceor contract orpursuant to interlocal
agreement, agree to pay (on a contingent basis or otherwise) all or any portion of the
obligations of the Authority; however, (1) no Member shall be obligated beyond the
proportion of sum specified by ordinance orcontract; and (2) no Member shall be
obligated, directly orindirectly for the obligations of another Member.
ARTICLE III
DURATION
The duration of the Consortium shall be perpetual except as provided in the
Interlocal Agreement.
ARTICLE IV
PURPOSE
The purpose of the Consortium is to acquire, construct, operate, manageand maintain a
regional communications network that meets the needs of community institutions, including but
notlimited togovernment agencies, hospitals, schoolsand universities.
ARTICLE V
POWERS
The Consortium shall have and mayexercise all'lawful powers conferred by state laws,
the InterlocalAgreement, this Charter and its Bylaws that are consistent withthe purpose of
the Consortium. TheConsortium in all of its activities and transactions shall be subjectto the
powers, procedures, and limitations contained in theInterlocalAgreement, this Charter and the
Bylaws.
ARTICLE VI
CONSORTIUM MEETINGSAND BOARD RESPONSIBILITIES
Section 1. Consortium Initial Meeting. Upon issuance of this Charter, there shall
be an initial meeting of ConsortiumMembers within 60 days. At the initial meeting, Consortium
Members shall adopt the Consortium's Bylaws and elect the Consortium Board. The Bylaws
shall be approved and a Board member shall be deemedelected to the Board if they receive a
majority vote of all Consortium Members with voting member status. Thereafter, the Board
ti shall manageandoversee the Consortium's activities, in accordance withthe Interlocal
Agreement.
Section 2. Board Meetings and Membership Meetings. The Board shall meet as
necessary to oversee the operations ofthe.Consortium. After the initialmeeting, the Consortium
4 Members shall meet no less than once per year. To the extent required by law, notice of
RES.A
Consortium meetings shall be given in a manner consistent with RCW Chapter 42.30, the Open
Public Meetings Act.
Section 3. Board Composition, Powers and Responsibilities.
A. Composition. The composition of the Consortium Boardshall be set forth
in the Consortium Bylaws, provided that the composition of the Consortium Board may
not be changed without the approval of 75% or more of the Voting Members of the
Consortium. TheConsortium Board shall recommend a representative composition of
the Board at the Annual Meeting.
B. Consortium Board Terms. The Consortium Board terms shallbe set forth
in the Consortium Bylaws.
C. Powers. The Consortium Board shall govern the Consortium. The powers
of the Consortium Board shall be to: (1) develop and recommend the Consortium's
Bylaws for approval by the Consortium Members; (2) create Consortium work programs;
3) determine services to be provided; (4) develop an annual budget for adoption by
Consortium Members; (5) review and propose a membership policy; (6)
recommend a fee policy for approval by the Consortium Members; (7) make purchases
or contract for services to accomplish the purposes of the Consortium; (8) enter into
agreements with third parties for goods and services as necessary to carry out the
Consortium's purposes; (9) hire staff, consultants or private vendors as necessary; (10)
identify and contract for the services of Fiscal Agent for the purposes of carrying out and
recording Consortium financial transactions; (11) approve expenditures of funds; and
12) conduct any and all other business allowed by applicable law. The incurrence of
debt by the Consortium requires the prior approval of all of the governing bodies of
current Voting Members.
D. Responsibilities of Consortium Board Members. Consortium Board
Members shall participate fully in matters before the Board, attend all meetings,
advocate on behalf of the Consortium, and contribute expertise to guide decisions.
E. Bylaws. TheConsortium Members shall adopt Bylaws that govern
Consortium operations and decision making.
F. Consortium Membership. Membership in theConsortium shall be limited
to government agencies authorized to become signatories to an Interlocal Agreement as
authorized by RCW 39.34.030, and who contribute assets, resources, and/or shared
services for the benefit of members. The addition of new members shall be subject to
the approval of a simple majority of the Consortium Board, as established by the
Consortium, to manage its operations.
ARTICLE VII
VOTING
In conducting Consortium business, Voting Members willcast a single votewith all votes
being equal. A meeting quorum for Board Meetings shall be considered to be a simple majority
RES.A
of the Board Members. A meeting quorum for Consortium Member meetings shall be a simple
majority of Voting Members. It is the desire of the Consortium that decisions be made by
consensus, but a simple majority vote of all of the Voting Members present, either in person,
electronically or by proxy, shall decide matters at ConsortiumMembermeetings. A simple
majority vote of all of the board members present, either in,person, electronically or by proxy,
shall decide matters at Consortium Board meetings. A second vote may, be called in the event
of a tie to arrive at a decision. A second tie will tablethe discussion until the next regularly
scheduled meeting.
ARTICLE VIII
FINANCEAND BUDGET
The Consortium Board is authorized to accept grants and such other financial
opportunities as mayarise in orderto accomplish,the purposes ofthe Consortium consistent
with Chapter 39.34 RCW. The Consortium is empowered to receive all funds andassets
allocated to it by its members. The Consortium Board may establish partnerships with public
and privatecorporationsor entities as allowed by law. The Consortium Board shall recommend
an annual budget for adoption by the ConsortiumMembers.
A. Ownership of Property. TheConsortium may own real and personal
properties. Ownership of assets, such as fiber strands, equipment orsoftware, shall be
defined in the allocation noted within anyConsortium Project Agreement to which the
Member is signatory. Assets deemed surplus by participants in a Project Agreement
shall be held by the Consortium inan Asset Bank administered by the Consortium Board
for the benefit of the Consortium Members. Future allocation of surplus assets shall be
at the discretion of the Consortium Board. Existing assets owned by the Consortium
Members may be transferred to the Consortium for the benefit of Consortium Members
at the owner's discretion.
B. Retained'Responsibility and Authority. Consortium Members retain the
responsibility and authority for managing and maintaining their own internal Fiber Optic
systems, including security and privacy of all data which may be linked tothe
Consortium's network.
C. Fiscal Agent. The Fiscal Agent refers to that agency orgovernment that
performs all accounting services for the Consortium as it may require, in accordance
ii withthe requirements of Chapter 39.34 RCW. The Consortium Boardshall appoint a
Fiscal Agent for the Consortium. The Fiscal Agent shall have a non-voting, ex officio
seat on the Consortium Board if the agency is not serving on a Consortium Board seat.
D. Intergovernmental Cooperation. The Consortium will cooperate with
federal, state, county, and other local agencies to maximize use of any grant funds or
other resourcesand enhance the effectiveness of the Consortium systems, programs
and projects.
E. Voting Members. Voting Members shall contribute tothe Consortium in
accordance with the fee policy adopted by the Consortium Membership.
RES.A
ARTICLE IX.
CONSTITUENCY
There shall be no constituency of the Consortium.
ARTICLE X
AMENDMENT OF CHARTER AND BYLAWS
Section 1. Amendments to Bylaws. The Board maypropose amendments to the
Bylaws for consideration and voting by the general membership at a general membership
meeting. Amendments to the Bylawsshall be deemed approved if theamendment proposal
receives affirmative votes from a majority of all Voting Members.
Section 2. Amendments to Charter. Proposals to amend this Charter shall be
submitted to the Board for review. If the Board recommends approval of the Charter
amendment, the amendment proposal shall be submitted to the governing bodies of the
Consortium Members. The proposed amendment shall not be effective untilapproved by the
governing bodies of at least 75% of all Voting Members.
ARTICLE XI
COMMENCEMENT
The Consortium shall commence its existence effective upon the issuance of its Charter
as sealed and attested by the City Clerk of the City of Kirkland, as provided in the Ordinance
adopting this Charter.
ARTICLE XII
DISSOLUTION
Dissolution of the Consortium shall be in the form and mannerset forth in the Interlocal
Agreement and as may be required by state law.
CERTIFICATE
I, the undersigned, City Clerk of the City of Kirkland, Washington, dohereby certify that
the attached CHARTER OF THECOMMUNITY CONNECTIVITY CONSORTIUM, A WASHINGTON
PUBLIC CORPORATION is a true and correct original of such Charter as authorized by Ordinance
No. of the City of this_day of 2011.
City Clerk of the City of Washington
RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4746
Date:
August 16, 2011
Department:
Information Services
Attachments:
Resolution No. 4746
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4746.
Background Summary:
Information Services has a number of items which are non repairable or obsolete.
200 - Phones Obsolete
21 - Computer parts Non Repairable
11 - Monitors Non Repairable
5 - LapTop Parts Non Repairable
3 - Fax Machines Non Repairable
2 - Printer Non Repairable
1 - Scanner Non Repairable
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Rempher
Meeting Date:September 19, 2011 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B
RESOLUTION NO. 4746
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON,
DECLARING CERTAIN ITEMS OF
PROPERTY AS SURPLUS AND
AUTHORIZING THEIRDISPOSAL
WHEREAS, the City of Auburn Information ServicesDepartment has a number
of items which are no longer of use to the City; and
WHEREAS, it would be appropriate to surplus the property and disposeof it by
auction or other salemechanism, or to dispose of it, in whole or in part, through gift to
anothergovernmental agency or an appropriatecharitable non-profit entity, as deemed
most expedient by the Mayor.
NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Section 1. That the property identified below is declaredto be surplus, and the
Mayor is authorized to disposeof and convey such propertythroughappropriate sale or
donation to anothergovernmental agency or charitable non-profit entity.
200 - Phones Obsolete/non-usableradiostation equipment
21 —Computers/parts Non Repairable
11 - Monitors Non Repairable
5- LapTops/Parts Non Repairable
3— Fax Machines Non Repairable
2—Printer Non Repairable
1 —Scanner Non Repairable
Section 2. ThattheMayor is authorized to implement such administrative
procedures as may be necessary to carryoutthe directives of this legislation.
Resolution No. 4746
Page 1 of 2
RES.B
Section 3. That this Resolution shall take effect andbe 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,
CityClerk
APP •V a AS TO FORM:
OnielB. Heidi
City Attorney
Resolution No. 4746
Page 2 of 2
RES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4747
Date:
September 14, 2011
Department:
Human Resources
Attachments:
Resolution No. 4747 and Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4747.
Background Summary:
An agreement entered into between the City of Auburn and the Valley Humane Society
to serve as the City's Animal Control Authority in the operation of an animal shelter.
A1.3.2, O1.1
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Heineman
Meeting Date:September 19, 2011 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C
RESOLUTION NO. 4 7 4 7
A RESOLUTION OF THECITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THEMAYOR ANDCITYCLERK TO EXECUTE AN
AGREEMENT BETWEENTHECITY OF AUBURN
AND AUBURNVALLEY HUMANE SOCIETY (AVHS)
FOR ANIMAL CONTROL SERVICES
WHEREAS, the City of Auburn has a need for animalshelteringservices;
i
and
WHEREAS, the Auburn Valley Humane Society (AVHS) is able to
provide those services at a cost that is acceptable to the City; and
WHEREAS, it is in the publicinterest for theCity to enter into an
agreement with AVHS for animalshelteringservices.
NOW, THEREFORE, THECITY COUNCIL OF THECITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and City Clerk are herebyauthorized to execute
an Agreement between the City of Auburn and Auburn Valley Humane Society
for animal sheltering services which agreement shall be in substantial
conformity with the agreement attachedhereto as Exhibit "A" and incorporated
herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry outthe directives of
this legislation.
Resolution No. 4747
August 17, 2011
Page 1 of 2
RES.C
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
APPR• ED ASTOFORM:
IW I
Die B. Heim Ci' Attor
Resolution No. 4747
August 17, 2011
Page 2 of 2
RES.C
PROFESSIONAL SERVICES AGREEMENT
BETWEENTHE CITY OF AUBURN AND
THE AUBURN VALLEY HUMANE SOCIETY
This Agreement ("Agreement") is entered into by and between the CITY OF AUBURN,
a municipal corporation of the State of Washington(hereinafter referred to as the "City") and the
AUBURN VALLEY HUMANE SOCIETY, a Washington nonprofit corporation, whose
address is 4910 "A" Street SE, Auburn, Washington (hereinafterreferred to as the "AVHS").
WITNESSETH, that in consideration of the mutual promises, covenants and agreements
containedherein, the parties hereby agree as follows:
I. AGREEMENT FOR SERVICES AS
CITY OF AUBURN ANIMAL CONTROL AUTHORITY
The City hereby grants to the AVHS for the term and upon the conditions and provisions
contained hereinto serve as the City's Animal Control Authority in the operation of an animal
shelter available to appropriate City employees 24 hoursper day seven days per week, located in
a City owned building at 4910 "A" Street SE, Auburn, Washington, legally described in Exhibit
A" attached hereto and incorporated herein by reference. The facilities available to the AVHS
to carry on all activities authorized in this Agreement shall hereinafter be referred to as the
Shelter." The City reserves the right, and AVHS acknowledges the City's right to sell animal
licenses.
Licensing services will be the responsibility of the City and include the operation and
maintenance of a unified system to license pets in the City. AVHS will be expected to play a
major role in marketing/selling pet licenses. The City will be responsible for the licensing and
licensing renewal program.
The public will be able to purchase pet licenses in person at the AVHS, as well as at City
sites, and other locations throughout the City. The City will maintain on its website the capacity
for residents to purchase pet licenses on-line.
The City will maintain a database of pets licensed, owners, addresses and violations.
This information shall be made available to AVHS, as requested,to the extent permitted by law.
II. TERM OF AGREEMENT
This Agreement shall commence on the 1St day of January, 2012, and shallexpire onthe
31st day of December 2019. If AVHS is not then in default of thisAgreement, AVHS shall have
the right to an extension of the Agreement for an additional seven (7) years under the same terms
and conditions, except as otherwise mutually agreed upon. Provided, that the parties shall
negotiate modifications to those fees and assessments contained inArticle III of this Agreement,
and any facility restorations, improvements, or upgrades that result from the evaluation of
facility conditions, potential improvements or alterations, including agreement upon how such
restorations, improvements, or upgrades shall be paid. Notification of AVHS's intent toexercise
Page 1 of 22
RES.C
their right torenew this Agreement must be issued by the AVHS to the City by formal written
notice, not later than one year prior to the expiration of the initial term of this Agreement.
III. AVHS FEES
The City Fees shall be paid to the AVHS by the City as follows:
In return for services provided by AVHS, as described in this Agreement, the City shall pay to
AVHS all licensing revenuereceived by the City, with a minimum fee of two hundred forty
thousand dollars and zero cents ($240,000.00) with the first payment scheduled to begin in
January 2013, as long as the Shelter is operational. Upon AVHS becoming operational payments
by the City to AVHS shall be made quarterly in the amount of the one quarter of the minimum
annual payment amount,and shall be paidnot later than January 1, April 1, July 1 and October 1,
of each year of the Agreement. At the end of each year of the Agreement, the City shall
calculate the total amount of licensing fees received by the City during that year, and shall make
an additional payment to AVHS not later than January 15th of the following year in the amount
of such license fees received in excess of the minimum annual paymentamount, if any For each
subsequent year of this\.Agreement, the minimum annual amountshall increase by an amount
equal to the previous year's annual'Seattle-Tacoma-Bremerton CPI-W (August to August) with a
minimum increase of 0% and a maximum increase of three percent (3.0%). All monies paid to
AVHS shall be used for the operation of the animal shelter.
IV. OPERATIONS AND SERVICE
A. The AVHS shall:
1.Furnish, maintain, and employ staff for suitablesheltering and for the
handling of stray, impounded, and unwanted companion animals turnedover to the
AVHS by the City orits residents that include the general care, cleaning and nourishment
of companion animals turned over to the AVHS by the City or its residents. AVHS
services provided to animals will include enrichment, exercise, careand feeding, and
reasonably necessary medical attention. Companion animals are specifically defined as
dogs, cats, domestic birds, domestic rabbits and small domestic rodents. Companion
animals specifically exclude livestock (horse, cows, pigs, sheep, goats, fowl, etc.),
reptiles, and wild or exotic animals. ThePremise shall include cat kennels, dog kennels,
and runs, as well as facilities for the humane disposal of sick and injured companion
animals. The facility will provide disposal (rendering or cremation) services for animals
deceased upon arrival orduring the time of sheltering. Impounded animals, awaiting
disposition by the courts will be held until such time that the court reaches final
disposition of the case.
2.Keep the Shelter staffed and open for the purposes of receiving companion
animals and allowing such animals to be redeemed during regular business hours (it is
AVHS's intent to maintain at least 24 regular business hours per week depending on
staffing and budgetary considerations); PROVIDED THAT AVHS shall establish and
maintain 7-day perweek, 24-hour per day access for City of Auburn Animal Control
Page 2 of 22
RES.C
Officers ("ACO(s)") to drop off companionanimals or carcasses outside of normal
shelter hours. It is understoodthat this does not include responsibility for care of sick or
injured companionanimals outside of normal Shelter hours.
Provide licensing services for animals adopted or impounded at the Shelter whose owner
resides within the geographicboundary limits of the City of Auburn. The licenseservice
will be providedduring normal business hours, with no time limitation. The AVHS shall
maintain complete andadequate records of all licenses issued and shall provide a timely
report to the Citylisting thename andaddress of the licensee and a description of the
animal licensed. Money will be receipted to the City's vendor for the collection of the
licensing fees in accordance with the provisions of the licensing agent's agreement with
the City.
3.Provide orientation and training to ACO(s) and other Citystaff regarding
the Shelter and its admissions policies, practices and other AVHS operations as
appropriate.
4.Maintain complete records of animals received and animals disposed of on
behalf of the City. The AVHS agrees to makeitsrecords of investigations available for
the City's inspection at reasonable times, and to provide, within reason, such other data
as the City requests. The AVHS will make available to the City all work-related records
and documents for inspection, or evaluation during normal business hours in orderto
assess performance, compliance and/or quality assurance under thisAgreement.
5.AVHS agrees to provide a report, semi-annually to the City, which report
shall include information pertaining to the work and services undertaken pursuant to this
Contract and information on operations.
6.Provide access to computers for the ACO(s) to enter data into the database
software for animals picked up by ACO(s).
7 Targeted animal operating capacity at the Shelter is 50 per day. If the
number of animals exceeds AVHS's capacity as determinedby applicable standards,
AVHS will make all efforts to reduce the population throughadoption, foster care, other
humane societies or other appropriate means. The City and AVHS will take steps
through its operating policies, codes, public fee structures and partnerships to reduce the
number of animals and their length of stay in the Shelter, and may at times limit owner-
surrenders and field pick-ups, adjust fees and incentivizecommunity-based solutions.
8.Maintain a volunteer/foster care coordinator to encourage use of
volunteers working at the Shelter and use of foster families to provide
fostering/transitional care betweenShelter and permanent homes for adoptableanimals,
thus reducing pet population in the Shelter.
Page 3 of 22
RES.C
9.Maintain an animal placement specialist at the Shelter to provide for and
manage adoption events and other activities leadingto the placement of animals in
appropriate homes.
10. One veterinarian, and/or one veterinarytechnician will be scheduled to
work at the Shelter, during normal business hours as defined in Section IV A 2, above.
On days that the veterinary technician is working, a veterinarian will visit the Shelter to
conduct necessary business and check on the condition of the Shelter. Veterinary
services provided include animalexaminations, treatment and minor procedures,
spay/neuter and other surgeries for animals accepted by the shelter.
11. All adopted animals will be neutered or spayed.
12. Dangerous animals will be confined as AVHS determines is
appropriate/necessary.
13. Disaster/emergencypreparedness for animals will be coordinated through
the City's Office of Emergency Preparedness.
14. AVHS agrees to allow one City representative, appointedby the Mayor, to
sit on, andbe a voting member of its Board of Directors, subject to approval by AVHS,
pursuant to its bylaws.
15. AVHS shall retain all adoption, board, and other non-licensing fees
collected from the public for animals accepted into the Shelter.
16. . AVHS will prepare an annual operations plan which will include a
description of on-going activities in support of AVHS activities, and which shall include
marketing, promotion and support activities intended for the following year tosell pet
licenses in cooperation with the City.
B. The AVHS shall establish all prices for services provided by AVHS in the
Shelter, subject to the right of the City to periodicallyreview the price schedules for all
operations to ensure competitive pricing with other animal shelters.
C. The AVHS may not subcontract all or any portion of the Shelter without City
approval.
D. All exterior signs and graphics placed upon or affixed to the Shelter shall be
subject to the prior written approval,of the City, which approval shall not be unreasonably
withheld, conditioned or delayed. The AVHS shall submit detailedplans andsecure any needed
permits/approvals for allexterior signs. In all cases, signage shall be consistent in size, color,
lettering and theme to the Shelter design and regular City signageand specifications, and in
accordance with all governmental regulations.
E. The City agrees to do the following:
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1.Review and set, after consulting with AVHS, the City fee schedule for
licensing,to include late payments and fines.
2.Review and update all City codes involving animal services.
3.Provide the AVHS all licenses and licensing material for the City.
F. The City is responsible for emergency care of any animal it impounds. The City
will be responsible for payment of care rendered on impounded animals taken by the City to
veterinary clinics by its ACO(s) regardless of time of day. Stable animals will be accepted by
AVHS 24 hoursper day from the ACO or designated City employeeacting as the ACO.
Determination of animal condition, stable versus critical, will be made by the ACO or acting
representative. If the ACO is unclear as to the animal's condition, the animal shall be presented
to a veterinary facility for assessment at the City's expense. Standard of care for impounded
critical animals is to stabilize and provide pain management. If these standards cannot be
reasonably met, then the animal shall be humanely euthanized. The attending veterinarian is
responsible for this determination.
V. RESERVED RIGHTS
In the areas listed below, the City reserves and shall have the right at any time to establish
necessary, reasonable rules and regulations provided that the City shallgive thirty (30) days
written notice to AVHS prior to imposing such rules and regulation:
A. Generallyapplicable laws, such as animal control, zoning, and building codes.
B. The City shall retain all rights to make improvements to the Shelter to enhance
access or use. Prior to commencing any such improvements, the City shallgive the AVHS not
less than thirty (30) days priorwritten notice of the nature and schedule of such improvements in
order for AVHS to review and comment on the proposed improvements. The City shall review
and duly consider the comments of the AVHS and other relevant informationprior to making a
final decision regarding the completion of the improvements. The City shall use its best efforts
to minimize disruption, construction-related dust, and to otherwise not interfere with AVHS's
operations in the Shelter.
C. Animal Control Services shall be the responsibility of the City and includes
staffing and equipping animal services activities, the dispatch of ACO(s) in response to calls, and
the handling of calls in the field by ACO(s), including the collection and delivery of animals to
the Shelter. The AVHS will ensure that the shelter is available to the City ACO(s) 24 hours per
day for stable animalsthat are not in need of emergency care.
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VI. SECURITY SERVICES
Any electronicsecurity measures of the Shelter shall be the responsibility of the AVHS.
VII. UTILITIES
The AVHS shall pay for all utility charges. Utility charges include charges for water,
sewer, electricity, Metro utility, natural gas, phone, data and garbage. The City shall provide
physical infrastructure for phone and data lines to the Shelter.
VIII. CAPITAL IMPROVEMENTS
A. The City shall provide the AVHS up to a maximum of five hundred thirty
thousand three hundred and two dollars and zero cents ($530,302.00) toward the completion of
the tenant improvements as outlined in Exhibit `B." If the tenant improvements in Exhibit "B"
exceedthe City's contribution, the AVHS shall be responsible for any additional costs.
If the tenant improvements in Exhibit`B" are completed and there are additional funds available,
those funds shall remain with the City.
Any tenant improvement listed in Exhibit "B" or purchased from the City's $530,302 shall
become the property of the City upon termination or expiration of this Agreement. The AVHS
shall not be required to removeorpay the cost of removal of any alterations, fixtures, or tenant
improvements identified in Exhibit "B", at the expiration or earlier termination of the
Agreement.
B. The City and AVHS agree to meet prior to March 1, 2012 and review the status of
AVHS completing the following benchmarks:
1.AVHS raises enough moneyto meet estimated start up costs of one
hundred seventy-six thousand dollars and no cents ($176,000.00), which can include a
combination of cash, equipment and supplies. Provided, that if AVHS does not raise
enough money to meet the estimated start up costs, the City shall advance an amount up
to $176,000 against future fees paid to AVHS, which amountshall be deducted from the
City's future payments to AVHS over a 24-monthperiod commencing year three of this
agreement.
2.AVHS will provide, for the City's review, a formal business planto
include a description of on-going activitiesin support of AVHS activities, which shall
include marketing, promotion, and support activities intended for the following year to
sell pet licenses in cooperation with the City; fund raising plan; volunteer
groups/organizational structure; animaladoption plan; animal rescue plan; and shelter
operations plan. These documents can be provided to the City earlier for review and
comment.
C. AVHS will hire a Director and have a formal governing board in place.
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D. AVHS shall, prior to commencing formal planning for any facility alterations,
improvements or construction (interior or exterior), submit to the City's Director of Human
Resources and Risk/Property Management, a concept proposal paper includingpreliminary
sketches of such work. If approved by the Director, the AVHS maythen submit to the City in
writing, formal plans for alterations, improvements, and construction along with a breakdown of
costs for such improvements.
E. All plans submitted are subject to the approval of the Cityprior to commencement
of any alteration, improvements or construction. The City agrees to promptly review said plans,
and if the alterations, improvements, and construction are acceptable, to promptly approve the
same, andthe plans as approvedshall be attached to an executed copy of thisAgreement and
incorporated herein.
F. All work performed shall be done to the satisfaction of the City. The AVHS shall
be responsible for obtainingall governmental permits and meeting all code requirements and
shall submit copies of the same to the City or itsrepresentative prior to commencing any
construction on the Shelter.
G. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In the event
any such work is notaccordingto plans as then approved by the City, the City shall send a
Notice of Non-Compliance to the AVHS. In the event the AVHS fails to make corrections
within twenty (20) days after the AVHS's receipt of such Notice of Non-Compliance, the City
maymake whatevercorrections necessary to bring such work into compliance with the plans as
approved, and shall chargethe AVHS for all reasonable costs of such corrective work.
H. All alterations, improvements, and construction shallbecome the property of the
City upon termination or expiration of thisAgreement and shall be installedsolely at the
AVHS's expense unlessthe City expressly agrees in writing to contribute toward the costs
thereof. Notwithstanding any provision to the contrary containedherein, upon termination of
this Agreement, AVHS shall havethe right to de-identify the Shelter by removing all brand-
identity elements such as proprietary signage, custom lighting, trade fixtures, and personal
property related to the AVHS's brand.
IX. CUSTODIAL/MAINTENANCE
A. AVHS shall, at all times, keep the Shelter in a neat, clean, safe and sanitary
condition, and in compliance with all applicable codes and laws. AVHS shall furnish all
cleaning supplies and materials, other expendable supplies, such as light bulbs, needed to operate
the Shelter in a mannerprescribed in this Agreement, and provide all necessary janitorial
services to adequately maintain the Shelter. The City or a representative of the City mayinspect
the Shelter at anyreasonable times to ensure that the terms and conditions of this Agreement are
being complied with.
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B. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, Heating Ventilation and Air Conditioning
HVAC) system, electricpower lighting panels, fixtures and distribution circuits, plumbing
system, includingplumbing fixtures; provided; that anydamages orrepairs to any of the above-
described building structures which are the result of the AVHS's negligent or intentional acts
shall be the responsibility of the AVHS. The AVHS shall maintain the landscaping. The City
shall provide and AVHS shall maintain for the use of the AVHS, itspatrons and employees, the
parking lots on the Shelter property. To the extentreasonably necessary, the City shallendeavor
to remove accumulations of snow andice from the parking lot. AVHS shallendeavor toremove
snow and ice from the walkways leading to the Shelter.
C. The AVHS and the City shall each have a representative attend meetings as
needed to discuss and resolve any maintenance problems or concerns.
X. HAZARDOUS SUBSTANCES
A. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulatedunder any federal, state,
or local statute, ordinance, rule, regulation, or other law now or hereafter in affectpertaining to
environmental protection, contamination, or cleanup (collectively, "Environmental Laws").
1 B. The AVHS shall keep in a location in the Shelter accessible to the City during
normal business hours copies of all reports regarding hazardous or toxic materials in the Shelter
that the AVHS has provided to any governmental agency in the previous quarter and all
appropriate Material Safety Data Sheets (MSDS). The AVHS shall, upon request and at the
AVHS's sole expense, provide the City with a copy of any such report. In the event of any
accident, spill, or other incident involving Hazardous Substances that the AVHS is required to
report to any governmental agency, the AVHS shall immediately report the same to the City and
supply the City with all information and reports with respect to the same, together with the
AVHS's clean-up or remediation plan and schedule. If such clean-upor remediation plan is not
acceptable to the City, the City may so notify the AVHS and, upon 48 hours prior written notice
or without notice if the City determines that an emergency situation exists), may enter on the
Shelter to conduct the cleanup or remediation and charge the AVHS the costs thereof. All
information described herein shall be provided to the City regardless of any claim by the AVHS
that it is confidential orprivileged, provided that the City shall not publish ordisclose the
information to any third party except as pursuant to Chapter 42.17 RCW.
C. Indemnification: The AVHS agrees to hold harmless, protect, indemnify, and
defend the City from and against anydamage, loss, claim, or liability; INCLUDING reasonable
attorney's fees and costs; resulting from the AVHS's use, disposal, transportation, generation,
and/or sale of any Hazardous Substances. The City agrees to hold harmless, protect, indemnify,
and defend the AVHS from and againstany damage, loss, claim, or liability, including attorney's
fees and costs, resulting from (a) Hazardous Substances existing on the Shelter as of the date of
execution of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or
generated on the Shelter by the City; or (c) Hazardous Substances used, disposed of, or generated
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on the Shelter by any third party unrelated to the AVHS. These indemnities will survive the
termination of this Agreement, whether byexpiration of the Term or otherwise.
XI. TERMINATION
A. Theparties may terminate this Agreement at any time by mutual execution of
such written termination agreement as may be negotiated between the parties.
B. The City may terminate this Agreement and take immediate possession of the
Shelter in the event that the AVHS shall have failed to perform any of the covenants or
conditions of this Agreement and such default or deficiency in performance was not remedied by
the AVHS within thirty (30) days after receiving notice in writing stating with reasonable
specificity the nature of the default or deficiency andthe City's intention to terminate if not
corrected; provided, however, that in the event of a default or deficiency that the City determines
is of a nature requiring more than thirty(30) days to remedy, the AVHS shall not be in default so
long as the City determines that the AVHS undertakes toremedy the default ordeficiency within
I the 30-day period and thereafter diligently pursues completion of the remedy.
The 30-day period shall not apply where the AVHS's failure to perform in a timely manner was
caused by the AVHS's inability to secure necessary governmental permits provided that the
reason for the inability to secure the government permit is not the fault of AVHS. The AVHS
may terminate thisAgreement upon thirty days written notice to the City in the event the AVHS
is unable to secure the governmental permits necessary to the use of the Shelter proposed herein.
C. In addition, upon providing written notice to the AVHS, the City may
immediately terminate this Agreement and take immediate possession of the Shelter in the event
that the.AVHS shall have been convicted of committing orengaging in or found to have
committedor engaged in any illegal activity asa part of the Shelter operations, including the
willful failure to pay all taxes and required fees, whether the finding is by a court of competent
jurisdiction or by the City following due process and investigation separate and apart from any
formal judicial process.
D. In the event that after termination or expiration of the term of this Agreement, as
provided herein, the AVHS has not removed its property and fixtures within the timeallowed
under Article XI E, the City may, but need not, remove said personal property and hold it for the
owners thereof, or place the same in storage, all at the expense and risk of the owners thereof,
and the AVHS shall reimburse the City for any expense incurredby the City in connection with
such removal and storage. The City shall have the right to sell such stored property, without
notice to the AVHS, after it has been stored for a period of thirty (30) days or more. The
proceeds of such sale shall be applied first to the cost of such sale, second to the payment of the
charges for storage, and the third to the payment of any other amounts, which may then be due
from the AVHS to the City, and the balance, if any, shall be paidto the AVHS. Notwithstanding
any provision to the contrary containedherein, the City's and the AVHS's rights under this
Article shall be subject to the applicable laws of the State of Washington.
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E. Upontermination or expiration of the term of this Agreement, the AVHS shall
remove all its goods, wares and merchandise from the Shelter and shallremove any equipmentor
fixtures placed therein by the AVHS.pursuant to the terms of any written Agreement providing
for removal by the AVHS upon expiration. The AVHS shall have twenty (20) days to complete
removal of such property from the Shelter. The AVHS shall restore any areas damaged by the
installation of fixtures or equipment to the condition of the area before installation occurred,
reasonable wear and tear excepted. No fixtures or improvementsor additions to the Sheltershall
be removed unless previously agreed in this Agreement or a separate writing signed byboth
parties.
F. Upon terminationorexpiration of the term of this Agreement, the AVHS shall
surrender the Shelter to the City and promptly surrender and deliver to the City all keys that it
may have to any and all parts of the Shelter.• The AVHS shall surrendertheShelter to the City in
as good of condition as at the date of execution of this Agreement, except for the effects of
reasonable wear and tear, alterations and repairs made with the concurrence of the City, and
property damage caused by risks insured against under fire, extendedcoverage and vandalism
insurance in current practice.
XII. STANDARDS OF CONDUCT
A. The AVHS recognizes that, although it is operating the animal shelter as an
independent operator as a non-profit, the City's ACO exists for the use and enjoyment of the
general public. The AVHS and its employees will devote their best effortstoward rendering
courteous service to the public as though the AVHS and its employees were employees of the
City.
B. The AVHS shall operate and conduct the animal sheltering in the Shelter in a
business like manner, and will not permit any acts or conduct on the part of the AVHS's
employees that would be detrimental to the City's image.
C. All of the AVHS's personnel shall be dressed in appropriateattire for theservices
they are performing.
XIII. COMPLIANCE WITH LAWS
The AVHS, its officers, employees, andagents shall comply with applicable federal,
state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its
obligations under this Agreement. The AVHS shall comply with any and all applicable laws,
standards, and regulations pertaining to theoperations of an animal shelter inclusive of all laws
pertaining to employment practices and employee treatment. Conditions of the Federal
Occupational Safety and Health Act of 1970 (OSHA), and the Washington Industrial Safety and
Health Act of 1973 (WISHA). The AVHS agrees to indemnify and hold harmless the City from
all damages assessed for the AVHS's failure to comply with the Acts and Standards issued
thereunder. The AVHS is also responsible for meeting all pertinent local, state and federal health
and environmental regulations and standards applying toany operation in the performance of this
Agreement.
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XIV. ACCESS TO BOOKS AND RECORDS
A. The City or its agents shall havethe right to examine and inspect the books and
records of the AVHS for the purpose of validating Gross Receiptsreports, and any other matters
relatedto the performance of the Agreement. The electronic and/or digital POS systemdata files
from the Shelter may be required to be turned in to the City and are also subject to annualon-site
inspections. All electronic and/or digital POS system data files are to be maintained for two (2)
years. All operational records are subject to the Washington's Public Records Act, Chapter 42.56
RCW. AVHS shall coordinate all requests for documents receivedby AVHS with the City
Clerk's Office.
B. The AVHS shall provide to the City within one hundred five (105) days of the
end of a calendar year, a copy of its State Business & Occupations (B&O) Tax Report for the
previous year. No certified copy of an annual report shall be required. The City shall not pay
the AVHS for preparation of any of the financial records or State B&O Tax Report that will be
provided to the City.
XV. PHOTOGRAPHS
Nobody shall havethe right to take photographsor motion pictures of the facilities,
grounds, and proximate spaces, activity therein, and/or displays or exhibits without the prior
approval of the AVHS which approvalshall not be unreasonably withheld from the City.
XVI. ADDRESSES FOR NOTICES
Any noticerequired or permitted hereunder must be in writing and will be effective upon
the earlier of personal delivery or three days afterbeing mailed by certified mail, return receipt
requested, addressed to the AVHS or to the CITY at the address for thatparty designated herein.
Either party may specify a different address for notice purposes by written notice to the other.
All notices shall be delivered to the following addresses:
To the City at the following address: To the AVHS at the following address:
Office of the Mayor 1402 Lake Tapps Parkway E. Suite 104 #385
Auburn City Hall Auburn, WA 98092-8157
25 West Main Street
Auburn, WA 98001 With a copy to:
Gibson& Jarvey, Inc. P.S.
901 E. Main Street
Auburn, WA 98092
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XVII. ASSIGNMENT OF AGREEMENT
Neither party shall assign the contract in part or as a whole, without the written consent
of the other, which consent shall not be unreasonably withheld, conditioned or delayed. The
AVHS shall not subcontract any of the Shelter services, facilities, or equipment, or delegateany
of its dutiesunder this Agreement without the prior written approval of the City, which approval
shall not be unreasonably withheld, conditioned or delayed.
XVIII. EQUALITY OF TREATMENT
A. The AVHS shall comply with all applicable Federal, State, County, and City laws,
ordinances, rules and regulations regarding nondiscrimination and shall conduct its business in a
manner which assures fair, equal and nondiscriminatory treatment at all times in all respects to
all persons without regard to race, color, religion, sex, sexual orientation, disability or the use of
a trained dog guide or service animal by a disabled person, age, or national origin. No person
shall be refusedservice, be given discriminatory treatment, or be denied any privilege, use of
facilities or participation in activities on the Shelter on account of race, color, creed, sexual
orientation, marital status, families with children, disability or the use of a trained dog guideor
service animalby a disabled person, religion, sex, age or national origin.
B. The AVHS shall comply with all applicable Federal, State, County, and City laws,
ordinances, rules and regulations regarding nondiscrimination in employment and shall not
discriminate in employment on the basis of creed, families with children, race, color, national
origin, sex, sexual orientation, religion, age, marital status, or disability or the use of a trained
dog guide or service animalby a disabled person, except for employment actions based on bona
fide occupational qualification.
XIX. CASUALTY TO OR DEMOLITION OF SHELTER
The parties agree that the primary use of the premises is the operation of an animal
shelter. The parties recognize that this use may be interfered with orprevented because of fire,
earthquake, flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty.
A. Material Damage. If the Shelter is damaged ordestroyed by fire or any casualty
which cannot, despite diligent, good faith efforts, be repaired or restored within two hundred
seventy (270) days following the date on which such damage occurs, then the AVHS may elect
to terminate the Agreement effective as of the date of such damage or destruction. Withinthirty
30) days after the date of such damage, the parties shall determine how long the repair and
restoration will take. After that determination has been made, the AVHS shall have an additional
period of thirty (30) days to terminate the Agreementby giving written notice to the City.
B. Repair After Damage. If the AVHS does notgive notice of the AVHS's election
to terminate as provided in Article XIX A above, and within the time periods so provided, then
the City shall, subject to the provisions of this Article, immediately commence and diligently
pursue to completion the repair of suchdamage so that the Shelter is restored to a condition of
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similar quality, character and utility for the AVHS's purposes. Notwithstanding anything
containedherein to the contrary, if the Shelter is not repaired and restored within one hundred
eighty (180) days from the date of the damage, the AVHS maycancel the Agreement at any time
before the.City completes the repairs and delivers the restored Shelter to the AVHS. If the
AVHS does not so terminate, the City shall continue torestore the Shelter.
C. Uninsured Damage. In addition to the AVHS's rights to terminatethis
Agreement as provided in Article XIX A and B above, if damage or destruction is caused by a
peril not required to be insured against hereunder and for which insurance proceeds are not
available, either the City or the AVHS may terminate this Agreementby thirty (30) days written
notice to the other of its election so to doand theAgreement shall be deemed to have terminated
as of such date unlessthe other party agrees in writing to pay for such repairsor restoration.
XX. NO LIENS OR ENCUMBRANCES
It is mutually understood andagreed that the AVHS shall have no authority, express or
implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in
any manner to bind, the interest of the City in the Shelter or to charge the rentals payable
hereunder for any claim in favor of anyperson dealing with the AVHS, including those who may
furnish materials or perform labor for any construction or repairs, and each such claim shall
affect andeach such lien shall attach to, if at all, only the right and interest granted to the AVHS
by this Agreement. If any such liens are filed, the City may, withoutwaiving its rights and
remedies for breach, and without releasing the AVHS from its obligations hereunder, require the
AVHS to post security in form and amount reasonably satisfactory to the City or cause such liens
to be released by any means the. City deems proper, including payment in satisfaction of the
claim giving rise to the lien. The AVHS shallpay to the City upon demand anysum paid by the
City toremove the liens. Further, the AVHS agrees that it will save and hold the City harmless
from any and all loss, cost, or expenses based on or arising out of the asserted claimsor liens,
against this Agreement or against the right,title, and interest of the City in the Shelter or under
the terms of this Agreement, including reasonable attorney's fees and costs incurred by the City
in removing such liens, and in enforcing thisArticle. Additionally, it is mutually understood and
agreed that this Article is intended to be a continuing provision applicable to future repairs and
improvements after the initial construction phase.
XXIII. INSURANCE
A. Fire, Earthquake, & Casualty.Insurance: During the term of thisAgreement and
any extension thereof,the City shall maintain a property insurance policy on the Shelter building
in the amount of the replacement cost of the building, including, the improvements, restrooms
and hallways, for damage from fire, earthquake and other perils. Said insurance policy shall also
insure the replacement value of the equipment, other equipment provided or owned by the City
and tenant improvements provided by the AVHS pursuant to Exhibit "B" to this Agreement.
The proceedson a claim against said insurance policy for damage to the building, Shelter,
personal property provided by the City, or tenant improvements pursuant to Exhibit `B", shall be
used to repair damage to the Shelter and to repair orreplace anydamaged personal property
providedby or for the City.
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The AVHS shall be responsible for maintaining its own fire and hazard insurance on personal
property and leasehold improvements placed within the Premises and owned by the AVHS. All
personal property of any kind or description whatsoever in the Shelter shall be at the AVHS's
sole risk, and the City shall not be liable for any damage done to, or loss of, such personal
property.
B. Liability Insurance: Not less than thirty (30) days prior to the date of the AVHS's
entry onto the Shelterpremises, the AVHS, at its own expense shall obtain and file with the
City's Risk Manager a Certificate of Insurance evidencing commercial general liability insurance
coverage ("CGL") providing coverage of at least $1,000,000.00 per occurrence and
2,000,000.00 general aggregate.
CGL insuranceshall be written on Insurance Services Office (ISO) occurrence form CG 00 01
and shall cover premises, professional liability, products/completed operations, broad form
property damage, independentcontractors, personal injury/advertising liability, and contractual
liability. The City shall be named as an additional insured on the AVHS's Commercial General
Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form
CG 20 11, or a substitute endorsement providing equivalent coverage. This Certificate of
Insurance and a copy of the amendatory endorsement, including, but not necessarily limited to,
the additional insured endorsement, evidencing the insurance requirements of the AVHS shall be
subject to approval by the City's Risk Manager as tocompany, terms and coverage, and said
approval shall not be unreasonably withheld.
The CGL policy shall remain in full force and effect at the AVHS's soleexpense for liability for
property damage orpersonal injury that may occur in connection with activities or omissionsby
the AVHS or its patrons, and provide coverage for the full term of this Agreement. The AVHS
shall insure that the City's Risk Manager is given thirty (30) calendar days prior written notice,
by certified mail, of any cancellation, lapse, reduction or modification of such insurance. The
insurance policies are to contain, or be endorsed to contain that the AVHS's insurancecoverage
shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the AVHS's insurance and shall not
contribute to it. The AVHS shall have the right to maintain a deductible level of up to $5,000.00.
C. Release and Waiver of Subrogation: Anypolicy of insurance carried by either the
City or the AVHS pursuantto any obligation underthis Agreement, shall, to the extentavailable,
contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to
damages toadjacent property. Notwithstanding any other provision of thisAgreement, neither
the City nor the AVHS shall be liable to the other party or to any insurance company (by
subrogation or otherwise) insuring the other party for any loss or damage to any building,
structureor tangible personal property of the other occurring in orabout the Shelter, even though
suchloss or damage might have been occasioned by the negligence of such party, its agents or
employees, if suchloss or damage is covered by insurance issued by an insurance carrier
authorized or licensed by theInsurance Commissioner of theState of Washington to issue lines
of insurance, benefiting the party suffering such loss or damage or was required under the terms
of this Agreement to be covered by insurance by the party covering the loss.
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XXII. HOLD HARMLESS,INDEMNIFICATION
INDUSTRIAL INSURANCE
A. Hold Harmless & Indemnification: Each party hereto agrees to be responsible and
assumes liability for its own wrongful or negligent acts or omissions, or those of its officers,
agents, or employees to the fullest extent requiredby law. Each party agrees to save, indemnify,
defend, or hold the other party harmlessagainst all liability, loss, damages, andexpenses,
including costs and attorney's fees, resulting from actions, claims and lawsuitsarising oralleged
to have arisen, in whole orin part, out of or in consequence of the acts or failures to act of the
other party, itsemployees, itssubcontractors, its agents, orits assigns, which arise in any way
out of the performance of this Agreement. In the case of negligence of both the City and the
AVHS, any damages allowed shall be levied in proportion to thepercentage of negligence
attributable to each party, andeach party shall have the right to seek contributionfroth the other
party in proportion to the percentage of negligence attributable to the other party.
B. Industrial Insurance: The AVHS expressly waives any immunity under industrial
insurance whether arising from Title 51 of the Revised Code of Washington (RCW) or any other
statute or source, to the extent of the indemnity set in this Article.
The City expressly waives any immunity under industrial insurance whetherarising from Title
51 of the Revised Code of Washington or any other statute or source, to the extent of the
indemnity set forth in this Article.
C. Extent of Indemnification: In the event that the AVHS issuccessful in proving
that any of the indemnity provided for herein is limited by RCW 4.24.115, the AVHS shall
defend, indemnify and hold harmless the indemnitiesto the full extent allowed by RCW
4.24.115. In no event shall the AVHS's obligations hereunder be limited to the extent of any
insurance available to it Likewise, in the event that the City issuccessful in proving that any of
the indemnityprovided for herein is limited by RCW 4.24.1 15, the City shall defend, indemnify
and hold harmless the indemnities-to the full extent allowed by RCW 4.24.115. In no event shall
the City's obligations hereunder be limited to the extent of any insurance available to it.
XXIII. RELATIONSHIP OF PARTIES
1 A. AVHS Independent Contractor: The parties intend that an independent contractor
relationshipshall be created by this Agreement. Nothing contained herein shall create the
relationship of principal and agent or of partnership or of joint venturebetween the parties
hereto, and neither the method of computation of consideration nor any other provision contained
hereinshall be deemed to create any relationship between the parties hereto otherthan the
relationship of the City as granting a lease to the AVHS. The AVHS has the experience, ability,
and resources to develop andoperate an animal shelter and is performing independent functions
and responsibilities within its field of expertise. The AVHS and itspersonnel are independent
contractors and-not employees of the City. No agent, employee, servant, or representative of the
AVHS shall be deemed to be an employee, agent, servant or representative of the City. The
AVHS and its personnel have no authority to bind the City or to control the City's employees.
Page 15 of 22
RES.C
As an independent contractor, the AVHS is responsible for its own management. The City's
administration and enforcement of this Agreement shall not be deemed an exercise of managerial
control over the AVHS or the AVHS's personnel.
B. No Third Party Rights Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right toany other party.
XXIV. PERMITS,LICENSES,TAXES AND FEES
A. The AVHS shall obtain and at all times maintain a current Auburn Business
License and shall obtain all health, and all other regulatory licenses and permits as may be
required or become necessary, including allconstruction and building permits, necessary to
fulfill the AVHS's obligations under thisAgreement at the AVHS's sole expense. Each party
agrees to execute such additional or other documents as may be required to fully implement the
intent of this Agreement.
B. As an independent contractor, the AVHS shall be solely responsible for all taxes,
fees and charges incurred, including butnot limited to license fees, business and occupation
taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and
local taxes and fees, including income taxes, leaseholder taxes, permit fees, operating fees,
surcharges of any kind that applyto any and all persons, facilities, property, income, equipment,
materials, supplies or activities related to the AVHS's obligations under this Agreement.
XXV. WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective unless in
writing, specifying such waiver, executed by the party against whom such waiver is sought to be
enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver
of any other right or power.
XXVI. REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the actual
damages suffered by the City may be difficult to calculate and, in the event of the abandonment
of the premises by the AVHS or entryby the City because of breach or default by the AVHS, the
AVHS shall leave behind all of the Tenant Improvements identifiedin Exhibit"C."
XXVII. COSTS & ATTORNEY'S FEES
In any actionbrought toenforce any provision of this Agreement, including actions to
recover sumsdue or for the breach of any covenant or condition of this Agreement, or for the
restitution of the Shelter to the City or eviction of the AVHS during the term or after expiration
thereof, the substantially prevailing party shall be entitled to recover from the other party all
reasonable costsand reasonable attorney's fees incurred, including the fees of accountants,
appraisers, and other professionals, at trial or onappeal, and without resortto suit.
Page 16 of 22
RES.C
XXIII. ARTICLE HEADINGS, GENDER, & NUMBER
Article headings are not to be construed as binding provisions of this Agreement; they are
for the convenience of the parties only. Themasculine, feminine, singular and plural of any word
or words shall be deemed to include and refer to the gender and number appropriate in the
context.
XXIX. ENTIREAGREEMENT
This Agreement and its Exhibits constitutes the entire Agreement between the parties,
and the Parties acknowledge that there are no otherAgreements, written or oral, that have not
been set forth in the text of this Agreement.
XXX. JURISDICTION & VENUE
ThisAgreement shall be interpretedaccordingto the laws of the State of Washington.
Any judicial action toresolve disputes arisingout of this Agreement shall be brought in King
County Superior Court.
XXXI. ARBITRATION
Any controversy orclaim arisingout of or relating to this Agreement, or its breach, shall
be settled by arbitration administeredby the American Arbitration Association under its
Commercial Arbitration Rules then in effect. The decision of the arbitrator(s) is final and
judgment thereon may be enforced by any court of competent jurisdiction. Notwithstanding the
foregoing, either party may seek injunctive relief in Washington state court.
XXXII. MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
XXXIII. ILLEGAL PROVISIONS - SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, thebalance of
the Agreement shall remain in full force and effect.
XXXIV. COUNTERPARTS
ThisAgreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute oneand the same
instrument.
IN WITNESSWHEREOF, this Agreement has been entered into between the City of
Auburn and Auburn Valley Human Society, as of the day of 2011.
Page 17 of 22
RES.C
CITY OF AUBURN AUBURN VALLEY HUMANE SOCIETY
A Washington municipal corporation A Washington corporation
Peter B. Lewis,Mayor Paul Pumilia, President
APPROV.- D AS 0 FORM:
Suzanne Nagy, Secretary
IA JJL
D.5rB. Heid, " y Attorney
ATTEST:
Danielle E. Daskam, City Clerk
LIST OF EXHIBITS
Exhibit A - Legal Description of the Shelter Property
Exhibit B - Tenant ImprovementsProvided by the AVHS via the City's $417,000 Allowance
i
Page 18 of 22
1 RES.C
EXHIBIT A—LEGAL DESCRIPTION OF SHELTER-PROPERTY
Parcel # 3621049018
That part of the northeast quarter• of the southeast quarter of Section 36,
Township 21 North, Range :4 East, W.M. , in King County, Washington, lying
east of. the Northern Pacific Railway Company. right-of-way;
EXCEPT the north 1 rod .deeded to the county. for road purposes, and the
south 58.5 rods;• AND EXCEPT the'west 70 feet thereof conveyed to King
County by Deed recorded under 'Recording Number 1826192.
Commonly known as 4910 "A" Street SW Auburn, WA 98092
Page 19 of 22
RES.C
EXHIBIT B
TENANT IMPROVEMENTS PROVIDEDBY THE AVHS VIA THE CITY'S
530,302 ALLOWANCE
The City shall make available $530,302 for the AVHS to use toward tenant improvements for the
following purposes:
1. Constructimprovements as per the plans provided by T Kennels, Inc
2. Sawcut and remove as necessary concrete slab for new concrete at the canine kennels
3. Select demolition of interior walls and ceilings perplans provided by Keimig Associates
attached plans dated March 10, 2011)
4. Selective demolition and removal of existing plumbing, HVAC, and electrical
5. Pour approximately 1500sf of new concrete slab at the canine kennels
6. Install trench drains and concrete curbs
7. All framing and for new exterior doors
8. New interior finishes as shown on the plans provided by T Kennels, Inc
9. Sound insulation in interior finishes
10. All cabinetry
11. Interior door replacement and newdoor hardware and windows in doors
12. New interior walls framed with metal studs
13.New interior walls with 5/8" drywall with a smooth wall finish
14. 5/8" moisture board at all potential wet areas
15. Patch and re-texture remaining walls to match new interiorfinish
16. New walls receive a level fourfinish
17. Paint all interior finishes
18. Replace all interior ceilingtiles with water resistant tile
19. Install coved and welded sheet vinyl throughout the facility
20. Sealed concrete in canine area
21. 5000sf of fiberglass reinforced panels up to 6'
22. Interior plumbing for: 3 water closets, 1 urinal, 2 lavatories, 1 kitchen sink, 1 —50 gallon
electric water heater, 5 stainless steel hand sinks, 1 dishwasher rough in, 1 wash machine,
1 bath tub rough-in(owner supplied), 5 hose reels for kennel wash down, 80ft trench
drains for dog kennel wash out
23. Replacement of two roof mount HVAC units with new Carrier 5 tonunits with
economizers
24. New HVAC unit for Kennel area with added ventilation system at felineisolation
25. New 5-ton RTU and duct system
26. Interior electrical
27. Fire alarm
Page 20 of 22
RES.C
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Page 22 of 22
RES.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4748
Date:
September 13, 2011
Department:
Information Services
Attachments:
Resolution No. 4749 and ILA
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4748.
Background Summary:
In June 2011, the City of Pacific approached City of Auburn requesting that we enter into
an Interlocal Agreement for Information Services Support of their City computer systems.
We have supported their police department with Spillman Records management
software for the past several years. This agreement extends the service to network and
desktop support, virus and operating system patch management and technical
recommendations. Pacific will pay a monthly flat rate of $3,000 for covered services. All
other services will be billed at time and material. This is a cost recovery ILA.
A3.16.12
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Backus Staff:Rempher
Meeting Date:September 19, 2011 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D
RESOLUTION NO. 4 7 4 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEENTHE CITY
OF AUBURN ANDTHE CITY OF. PACIFIC FOR
INFORMATIONSERVICES TECHNOLOGY
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Pacific has the need for professional information
technology services; and
WHEREAS, theCity of Auburn is able and willing to provide those
services, at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBYRESOLVES as follows:
Section 1. The Mayor of the City of Auburn and theAuburn City Clerk
are herebyauthorized to execute an Interlocal Agreement betweenthe City of
Auburn and the City of Pacific for Information Technology Services in
substantial conformity withthe Agreement attached hereto as Exhibit "A" and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carryout the directives of
this legislation.
Resolution No. 4748
September 1, 2011
Page 1 of 2
RES.D
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of 2011.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP' •VED ASTO FORM:
bp IAAAI . .
Daniel B. Hed, City Attor`y
Resolution No. 4748
September 1, 2011
Page 2 of 2
RES.D
CITY OF AUBURN —CITY OF PACIFIC
INTERLOCAL AGREEMENT FOR
INFORMATIONSERVICES TECHNOLOGY
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to theInterlocal
Cooperation Act, Chapter 39.34 of the Revised Code ofWashington, on the 1st day of
October, 2011, by and between the CITY OF AUBURN, a municipalcorporation of the
State of Washington (hereinafter referred to as "Auburn"), andthe CITY OF PACIFIC, a
municipalcorporation of the State of Washington (hereinafter referredto as "Pacific"),
WITNESSETH :
WHEREAS, Pacific seeks professional information technology ("IT") services; and
WHEREAS, Auburn has the requisiteskills, resources and experience necessary to
provide such services and is willing and agreeable to provide such services uponthe
terms and conditions herein contained.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the parties hereto do herebyagree as follows:
1. SCOPE OF SERVICES
Auburnagrees to perform for Pacific, ina good and professionalmanner the tasks
described on Exhibit A which is attached hereto and by this reference made a part of
this Agreement. (The tasksdescribed on Exhibit A shall be individually referred to as a
task," and collectively referred to as the "services.") Auburn shall performthe services
as an independentcontractor and shall not be deemed, by virtue of this Agreement and
the performance thereof, to have entered into any partnership, joint venture,
employment or other relationship with Pacific. Auburn shall perform the services
described in Exhibit A which is attachedhereto and by this reference made a part of this
Agreement.
2. AMENDMENT REQUIRED FOR ADDITIONALSERVICES
In the event additional IT services are required by Pacific beyond thosespecified in
Exhibit A and the compensation listed in this Agreement, and further provided that
Auburn has the time and resources to provide such additional services and is willing to
provide such services, a contract amendment shall be set forth in writing and shall be
executed by the respective parties prior to Auburn's performanceof the additional IT
services, except as may be provided to the contrary in Section 3 ofthis Agreement.
Upon proper completion and execution of an Amendment for additionalservices, such
Amendment shall be incorporated into this Agreement and'shall have the same force
and effect as if the terms of such Amendment were a part of this Agreement as
INTERLOCAL AGREEMENT
9/12/2011
Page 1 of 13
RES.D
originally executed. The performance of services pursuant to an Amendment shall be
subject to the terms and conditions of this Agreement except where the Amendment
provides to the contrary, in which case the terms and conditions of any such
Amendment shall control. In all other respects, any Amendment shall supplement and
be construed in accordance with the terms and conditions of this Agreement.
3. PERFORMANCE OF ADDITIONAL SERVICES PRIOR TO EXECUTION OF AN
AMENDMENT
Theparties herebyagree that situations may arise in which IT services other than those
described on Exhibit A are desired by Pacific and the time period for the completion of
such services makes the execution of Amendment impractical prior to the
commencement of Auburn's performance of the requested services. Auburn hereby
agrees that it shall performsuch services uponthe request of an authorized
representative of Pacific at a rate of compensation to be mutually negotiated in
connection therewith. Any such additional IT services shall be memorialized in a written
amendment in accordance with Section 2 of this Agreement. The invoice procedurefor
any such additionalservices shall be as described in Section 6 ofthis Agreement.
4. PACIFIC'S RESPONSIBILITIES
Pacific shall do the following in a timely manner so as not to delay the services of
Auburn:
a. Designate in writing a person to act as Pacific's representativewith
respect to the services described in Exhibit A. Pacific's designee shall have
complete authority to transmit instructions, receive information, interpret and
define Pacific's policies and decisions with respect to the services, except in the
eventof an emergency as described in Exhibit A.
b. Furnish Auburn with all information, criteria, objectives, schedules and
standards for the services provided for herein.
c. Arrange for access tothe property or facilities as required forAuburn to
performthe services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches,
and otherdocuments prepared by Auburn and renderdecisions regarding such
documents in a timely manner to prevent delay of the services.
5. ACCEPTABLE STANDARDS
Auburn shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
INTERLOCAL AGREEMENT
9/12/2011
Page 2 of 13
RES.D
professionalstandard acceptable to Pacific.
6. COMPENSATION
Compensation for Auburn's performance of the services provided for herein are
attachedhereto as Exhibit B and by thisreferenced made a part of this
Agreement. Auburn shall submit to Pacific a monthlyinvoice and Pacific shall
process the invoice or statement in the next billing/claim cyclefollowing receipt of
the invoice or statement, and shall remit payment to Auburn thereafter in the
normal course, subject to any conditionsor provisions in this Agreement or
Amendment.
7. TIME FOR PERFORMANCE AND TERM OF AGREEMENT
Auburn shall not begin any workunder this Agreement until authorized by
Pacific's representative. Auburn shall perform the services provided for herein in
accordance with the direction and scheduling provided in Exhibit A, unless
otherwise agreed to in writing by the parties. This Agreement shall terminate on
12/31/2011. This Agreement may be extended for two additional one-year
periods upon writtenagreement of the Parties. It is provided, however, thateither
party may cancel this Agreement upon sixty (60) days written notice to the other
party.
8. OWNERSHIP AND USE OF DOCUMENTS
All documents, reports, memoranda, diagrams, sketches, plans, design
calculations, workingdrawings and any other materials created or otherwise
prepared by Auburn as partof its performance of this Agreement (the "Work
Products") shall be owned by and become the property of Pacific, and may be
used by Pacific for any purposebeneficial to Pacific.
9. RECORDS INSPECTION AND AUDIT
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records
and booksof accounts pertaining to any work performed underthis Agreement
shall be subject to inspection and audit by Pacific for a periodof up to three (3)
years fromthe final paymentfor work performed under this Agreement.
10. CONTINUATION OF PERFORMANCE
In the event that any dispute or conflict arises between the parties whilethis
Contract is in effect, Auburn agreesthat, notwithstanding such dispute or conflict,
Auburn shall continue tomake a good faith effort to cooperate and continue work
INTERLOCAL AGREEMENT
9/12/2011
Page 3 of 13
RES.D
towardsuccessfulcompletion of assigned duties and responsibilities. Provided
that if Pacificfails to pay fortheservices provided by Auburn, Auburn can cease
providing such services until payment is made.
11. ADMINISTRATION OF AGREEMENT
This Agreement shall be administered by Lorrie Rempher, InformationServices
Director or designee on behalfof Auburn, andby Diana Quinn, City Administrator
or designee on behalf of Pacific. Any writtennotices required by the termsof this
Agreement shall be served on or mailed to the followingaddresses:
CITY OF AUBURN CITY OF PACIFIC
Information Services City Administration
Lorrie Rempher Diana Quinn
25 W Main St
Auburn, WA 98001-4998
Phone: 253-288-3160 Phone:
Fax: 253-804-3116 Fax:
E-mail: Irempher @auburnwa.gov E-mail
12. NOTICES
All notices or communications permitted or required tobe given under this
Agreement shall be in writing and shall be deemed to have been dulygiven if
delivered in person or deposited in theUnited States mail, postage prepaid, for
mailing by certified mail, return receiptrequested, and addressed, if to a party of
this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating
his, her or its new address, to the other party, pursuant to the procedure set forth
above.
13. INSURANCE
Pacific shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
1,000,000 peroccurrence/aggregate for personal injury and propertydamage.
This requirement shall be deemedsatisfied by evidence of Pacific's membership
in a municipal self-insurance pool, including evidenceof limitsof coverages,
exclusions and limits of liability satisfactory to Auburn.
Auburn shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
1,000,000 per occurrence/aggregatefor personal injury and property damage.
INTERLOCAL AGREEMENT
9/12/2011
Page 4 of 13
RES.D
This requirement shall be deemedsatisfied by evidence of Auburn's membership
in a municipal self-insurance pool, including evidence of limits of coverages,
exclusions and limits of liability satisfactory to Pacific.
14. INDEMNIFICATION
a. Pacific shall indemnify and hold Auburn and its agents, employees, and/or
officers, harmless fromand shall process and defend at its own expense any and all
claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Auburn arising out of, in
connection with, or incident to the execution of this Agreement and/orPacific's
performance or failure to perform any aspect of this Agreement; provided, however,
that if suchclaims are caused by or result from the concurrent negligence of
Auburn, its agents, employees, and/or officers, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of Pacific; and provided
further, that nothingherein shall require Pacific to hold harmless or defend Auburn,
its agents, employees and/or officersfrom anyclaims arisingfromthe sole
negligence of Auburn, its agents, employees, and/or officers. No liability shall attach
to Auburn by reason of entering into this Agreementexcept as expressly provided
herein.
b. Auburn shall indemnify andhold Pacific and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and all
claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, broughtagainst Pacific arising out of, in
connection with, or incident to the execution of this Agreement and/or Auburn's
performance or failure to perform any aspect of this Agreement; provided, however,
that if such claims are caused by or result fromthe concurrent negligence of Pacific,
its agents, employees, and/or officers, this indemnity provision shallbe valid and
enforceable only to the extent of the negligence of Auburn; and provided further,
that nothingherein shall require Auburn tohold harmless or defend Pacific, its
agents, employees and/or officers fromany claims arisingfrom the solenegligence
of Pacific, its agents, employees, and/or officers. No liability shall attach to Pacific
by reason of entering into this Agreement except as expressly providedherein.
15. WAIVER OF SUBROGATION
Pacific and Auburn hereby mutually release each other from liability and waive all right of
recoveryagainst each other for any loss caused byfire or other perils which can be insured
against under fire insurancecontracts including any extended coverageendorsements
theretowhich are customarilyavailable fromtime to time in the State of Washington,
provided, thatthis paragraph shall be inapplicable to the extentthat it would have the effect
of invalidatingany insurancecoverage of Pacificor Auburn.
INTERLOCAL AGREEMENT
9/12/2011
Page 5 of 13
RES.D
16. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matterscovered herein.
17. ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or dutytherein
without the express written consent of the other party.
18. ATTORNEYS' FEES
If either party shall be required to bring anyaction to enforceany provision of this
Agreement, or shall be required to defend any action brought by the other partywith
respect to this Agreement, and in the further eventthat oneparty shall substantially prevail
in such action, the losingparty shall, in addition to all other payments required therein, pay
all of the prevailingparty's reasonable costs in connection withsuch action, includingsuch
sums as the court or courts may adjudgereasonable as attorney's fees in the trial court
and in any appellatecourts.
19. NONDISCRIMINATION
Each of theparties, for itself, its heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, doeshereby covenant and agree that it will
comply with pertinentstatutes, Executive Orders and such rulesas are promulgated to
assure that no person shall, on thegrounds of race, creed, color, national origin, sex,
sexual orientation, age, or the presence of any sensory, mentalorphysical handicap be
discriminated against or receive discriminatory treatment by reason thereof.
20. MISCELLANEOUS
a. All of the covenants, conditions and agreements in this Agreement shall
extend to and bind the legal successors and assigns of theparties hereto.
b. This Agreement shallbe deemed to be made and construed in accordance
with the laws of the State of Washington. Jurisdiction and venuefor any action
arising outof this Agreement shall be in King County, Washington.
c. Thecaptions in this Agreement are for convenience only and do not in any
way limit or amplify theprovisions of this Agreement.
d. Unless otherwisespecifically providedherein, no separate legal entity is
created hereby, as each of the parties is contracting inits capacity as a municipal
INTERLOCAL AGREEMENT
9/12/2011
Page 6 of 13
RES.D
corporation of the State of Washington. The identity of the partieshereto is as set
forth hereinabove.
e. Theperformances of the duties of the partiesprovided hereby shall be done
in accordance with standardoperating procedures and customary practices of the
parties.
f.No provision of this Agreement shall relieve either party of its publicagency
obligations and or responsibilitiesimposed by law.
g. If any term or provision of this Agreement orthe application thereof to any
person or circumstance shall, to any extent, be held tobe invalid or unenforceable
by a finaldecision of any court having jurisdiction on the matter, the remainder of
this Agreement orthe applicationof such termor provision topersons or
circumstancesother thanthose as to which it is held invalid or unenforceable shall
not be affected thereby andshall continue in full force and effect, unless such court
determines that such invalidity or unenforceabilitymaterially interferes withor
defeats the purposes hereof, atwhichtime either party shall havethe rightto
terminate the Agreement.
h. This Agreement constitutes the entire agreement between the parties. There
are no terms, obligations, covenants or conditionsother than thosecontained
herein. No modifications or amendments of this Agreement shall be valid or
effective unless evidenced by an agreement in writingsigned by both parties.
Copies of this Agreement shall be filed with the King County Auditor's Office
and the respectiveClerks of the parties hereto.
INTERLOCAL AGREEMENT
9/12/2011
Page 7 of 13
RES.D
IN WITNESS WHEREOF thepartieshereto have executed this Agreement as of the day
and year first above written.
CITY OF AUBURN CITY OF PACIFIC
Peter B. Lewis Print Name:
AuburnMayor Title:
Attest: Attest:
t Print Name:
Danielle Daskam, Title:
Auburn City Clerk
Approved as to form: Approved as to form:
raga
tie.
17niel B. Heid Print Name:
Auburn City Attorney Title:
is
if
INTERLOCAL AGREEMENT
9/12/2011
Page 8 of 13
RES.D
A L
STATE OF WASHINGTON
ss.
COUNTY OFKING
ON THIS day of 2011, before me personally
appeared and to
me known to be the and of
a municipal corporation, the corporation that
executed the within and foregoinginstrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposestherein
mentioned, and on oath stated that they were authorized to execute said instrument, and
the seat of said municipalcorporation is affixed hereon.
WITNESS my,hand and official seal hereto the day and year in this certificatefirstabove
i written.
NOTARY PUBLIC in and fortheState
ofWashington, residing at
My Commission Expires:
STATE OF WASHINGTON
ss.
COUNTY OFKING
ON THIS day of 2011, before me personally
appeared and to
me known to be the and of
a municipal corporation, thecorporation that
executed the within and foregoinginstrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument, and
the seat of said municipal corporation is affixed hereon.
WITNESS myhand andofficial seal hereto the day and year in this certificatefirst above
written.
NOTARY PUBLIC in and for the State
ofWashington, residing at
My Commission Expires:
INTERLOCAL AGREEMENT
9/12/2011
Page 9 of 13
RES.D
EXHIBIT A
SCOPE OF SERVICES
Services Provided:
General network and desktop support
Cell phonesetup and management
Operating system patch management on servers and desktops
Virus protection softwaremanagement
Technical research and recommendations
Services not included which may incur additional charges:
Project management
Hardware replacement
System upgrades
Off hours support
Requesting support:
All requests for service should be emailed to support(c auburnwa.gov. The request will
be forwarded to City of Auburntechnical staff for resolution.
Servicelevels:
For requests e-mailed Monday through Friday from 7:00amto 5:00 pm, we will try to
respond within 30 minutes. During high call volumes, we will assist you as soon as
is possible.
With authorization by Mayor, Police Chief orCity Administrator, support outsideregular
business hourswill be provided on an emergency basis. If you need an immediate
response during off hours and have the appropriate authorization, please email
helpdesk(a)auburnwa.gov with the name of authorizing person and nature of issueor
call 253-876-1947. Your issue will be forwarded to the on-call technicianfor resolution.
Service limitations:
City of Auburn will assist and provide recommendations on network security but
securityremains the responsibility ofCity of Pacific.
City of Auburn will assist and provide recommendations on hardware and
software purchases. All hardware and softwarepurchases are the responsibility
of City of Pacific.
INTERLOCAL AGREE MENT
9/12/2011
Page 10 of 13
RES.D
Billing:
All service will be billed monthly according to Attachment B. Services that are billed on
an hourly basis will include a brief description of the service and the department where
the service wasperformed.
INTERLOCAL AGREEMENT
9/12/2011
Page 11 of 13
RES.D
EXHIBIT B
COST OF SERVICES
Support Function Operating Hours Billing rate Monthlycost
General Network and desktop M - F, 7 a.m. - 5 p.m. $3,000.00/month $3,000
maintenance and support including excludingholidays
operating system patch management,
virus system software management,
general troubleshooting and problem
resolution that can be via remote
access/phone.
Network and desktop repair and M - F, 7 a.m. - 5 p.m. included included
maintenance that require onsite support. excluding holidays
All support responses by City of Auburn Non business hours $110/hour with Per incident as
technical support staff during non- one hour minimum required
business hours.
Note: COA technical support staff will not
respond without authorization from
Mayor, Police Chief orCity Administrator.
Netmotion Client Software n/a Client billed at Per event
actual cost when
addedto Pacific
PC$31/client
required for police
only)
Maintenance billed
atactual cost
when invoiced to
City of Auburn by
Netmotion
Virus Protection & Remote Mgmt n/a Client billed at Yearly
Software actual cost when
added to Pacific
PC-$35/client
INTERLOCAL AGREEMENT
9/12/2011
Page 12 of 13
RES.D
Yearly
maintenance billed
per machine at
actual cost when
invoiced toCity of
Auburn by
software vendor
is
13
2.r
INTERLOCAL AGREEMENT
9/12/2011
Page 13 of 13
RES.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4751
Date:
September 15, 2011
Department:
Planning and Development
Attachments:
Resolution No. 4751
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4751.
Background Summary:
The King County Transportation, Economy and Environmental Committee is currently
considering possible recommendations to the King County Council for King County
Ordinance 2011-0227 pertaining to the establishment of a demonstration project
designation for Pacific Raceways for the purpose of creating and evaluating a master
planning process for the Raceways.The King County Council's action on a master plan
demonstration project designation for Pacific Raceways would be accompanied by the
execution of a Development Agreement and the completion of a comprehensive
Environmental Impact Statement (EIS) review process.
Pacific Raceways currently operates under King County permits and conditions whose
enforcement has been a subject of concern for citizens living near the Raceways. The
current owners of Pacific Raceways have proposed a $135 million rehabilitation and
expansion project for Pacific Raceways. Pacific Raceways currently creates direct and
indirect economic benefit for the City of Auburn. It is anticipated that an expansion of the
Raceway will promote increased economic development in South King County. On
August 29, 2011, the Auburn City Council heard a presentation from the owner of Pacific
Raceways about this proposed expansion.
Staff believes that a master plan designation coupled with the conduct of a
comprehensive environmental impact statement effort and the implementation of a site
specific development agreement will provide the owners and concerned citizens with
greater certainty over rules, requirements and regulations, provide more direct
opportunities for initial and on-going citizen engagement and appropriately address
anticipated environmental impacts and appropriate mitigations.
The Planning and Community Development Committee at its regularly scheduled
AUBURN * MORE THAN YOU IMAGINEDRES.E
September 12, 2011 meeting recommended to the full Council the introduction and
adoption of Resolution No. 4751. Resolution No. 4751 is scheduled for discussion at the
Finance Committee on September 19, 2011 and potential action by the City Council at
its regularly scheduled meeting on September 19, 2011.
A3.3.1
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:September 19, 2011 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E
RESOLUTION NO. 4 75 1
A RESOLUTION OF THECITY COUNCIL OF THE CITY OF
AUBURNWASHINGTON EXPRESSING SUPPORT FOR
PROPOSED KING COUNTY ORDINANCE 2011-0227
REGARDING PACIFIC RACEWAYS
WHEREAS, the King County Transportation, Economy and Environmental
Committee is currentlyconsidering possible recommendations to the King County
Council King for County Ordinance 2011-0227 pertaining to the establishment of a
demonstrationprojectdesignation for PacificRaceways for the purpose of creating and
evaluating a master planning process; and
WHEREAS, the Auburn City Council recognizes that Pacific Raceways has been
a memberof theSouth King Countybusiness communityfor over 50 years; and,
WHEREAS, theAuburn City Council is aware that the current owners of Pacific
Raceways have proposed a privatelyfunded one hundred and thirty-five million dollar
rehabilitation and expansion project; and
WHEREAS, theAuburn City Council believes thatcurrent and future operations
of Pacific Raceways have direct and indirect economic benefits for the local Auburn
economy; and
WHEREAS, the Auburn City Council is aware that there havebeen citizen
concerns raised in thepast and currently pertaining to compliance with requirements
and conditions of previous King County approvals for Pacific Raceways; and
WHEREAS, the Auburn City Council understandsthat action by the King County
Council on a master plan demonstration project designation for PacificRaceways will be
Resolution No. 4751
September 6, 2011
Page 1
i.i RES.E
accompanied by theexecution of a Development Agreement and the completionof a
comprehensive Environmental Impact Statement (EIS) review process; and
WHEREAS, the Auburn City Council is also encouraging and supportiveof the
PacificRacewaysproposedproject to address areanoise concerns by lowering the
tracks and addingnoise blocking fixtures to alleviateconcerns about noise impacts to
arearesidents; and
WHEREAS, theAuburn City Council believes that a master plan demonstration
projectdesignation together withthe execution of a Development Agreement and
completion of an Environmental Impact Statement will provide the ownersof Pacific
Raceways and concerned citizens with a greaterdegreeof certainty and clarity, provide
enhanced policy evaluation and modification opportunities and greater citizen
engagement and involvement opportunities, and will promote increased economic
development in South King County.
NOW THEREFORE, IN LIGHT OF THE ABOVE FINDINGS, THE CITY
COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBYRESOLVES as
follows:
Section 1. That the Auburn CityCouncil is in support of the passage by the
King County Council ofOrdinance 2011-0227, as currently proposedor in substantial
similar form.
Section 2. That theMayor is authorized to transmit a copy of this Resolution to
the King County Council as well as write and submit to the King County Councilletters
and otherdocumentation as may be appropriate, specifyingtheAuburn City Council's
support of Ordinance 2011-0227, as currently proposed or in substantialsimilar form.
Resolution No. 4751
September 6, 2011
Page 2
RES.E
Section 3. That theMayor or other City staff as may be designated by the
Mayor are authorized to attend public meetings, workshops and hearings to present the
Auburn City Council's support of the King County Council's passage of Ordinance 2011-
0227, as currently proposed or in substantial similarform.
Section 4. That thisResolution 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,
CityClerk
APPR D A S TOFORM:
pc,/
D'iel B. Herd,
City Attorney
Resolution No. 4751
September 6, 2011
Page 3
RES.E