HomeMy WebLinkAbout11-07-2011 Council agenda packet
City Council Meeting
November 7, 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
1. Little Wolves Pack No. 432 Lakeland Hills
2. Proclamation - “Entrepreneurship Week”
3. Proclamation - National American Indian Heritage Month
4. Resource Management Program (Heineman)
Puget Sound Energy to recognize success of City of Auburn Resource
Management Program
D. Agenda Modifications
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2011 Annual Action Plan Amendment (Norman/Hursh)
City Council conduct a public hearing on the proposed Community
Development Block Grant (CDBG) reallocation to its 2009, 2010 and 2011
Annual Action Plan
(ACTION REQUESTED: City Council conduct the public hearing. For further
action on this item, please see Resolution No. 4763.)
2. 2012 Community Development Block Grant Annual Action Plan*
(Norman/Hursh)
City Council to conduct a public hearing on the proposed 2012 Community
Development Block Grant (CDBG) Annual Action Plan
(ACTION REQUESTED: City Council conduct the public hearing. For further
action on this item, please see Resolution No. 4764.)
3. Development Agreement with Auburn Properties Inc. Related to the
Auburn Gateway Project* (Norman/Snyder)
City Council conduct a public hearing on Development Agreement between
the City of Auburn and the Robertson Properties Group (aka Auburn
Properties) for the development of the Auburn Gateway Project.
(ACTION REQUESTED: City Council conduct the public hearing.)
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. October 24, 2011 Minutes* (Peloza)
B. Planning & Community Development
1. October 24, 2011 Draft Minutes* (Norman)
C. Public Works
1. October 17, 2011 Minutes* (Wagner)
D. Finance
1. October 17, 2011 Minutes* (Backus)
E. Les Gove Community Campus
F. Downtown Redevelopment
1. October 25, 2011 Draft Minutes* (Norman)
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 October 17, 2011 Council Meeting*
B. Claims Vouchers (Backus/Coleman)
Claims check numbers 408466 through 408916 in the amount of $3,312,613.37
and dated November 7, 2011.
C. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532309 to 532356 in the amount of $279,199,03 and
electronic deposit transmissions in the amount of $1,206,571.74 for a grand total of
$1,485,770.77 for the pay period covering October 13, 2011 to November 2, 2011.
D. Public Works Project No. MS1110* (Peloza/Dowdy)
City Council award Small Works Contract No. 11-21, to SkyCorp, Ltd. on their low
bid of $75,698.00 plus Washington State sales tax of $7,191.31 for a total contract
price of $82,889.31 for Project No. MS1110, Jacobsen Tree Farm and Fields
Residential Buildings Demolition Project
E. Call for Public Hearing (Backus/Coleman)
City Council call for a public hearing to be held November 21, 2011 to receive
public comments and suggestions with regard to the proposed mid-biennial
modifications to the 2011-2012 Adopted Biennial Budget.
F. Public Works Project No. C201A* (Wagner/Dowdy)
City Council grant permission to enter into Supplemental Agreement No. 6 to
Consultant Agreement No. AG-C-344 with CH2M Hill, Inc. for construction
management, administration, inspection, survey, and engineering for Project No.
C201A, M Street SE Underpass
G. Public Works Project No. C507B* (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 5 to Contract No. 11-03 in the amount
of $2,059.80 with Pacific Northwest Earthworks LLC and accept construction of
Project No. C507B, Auburn / Pacific Trail - Skinner Rd/3rd Ave SE
H. Public Works Project No. CP0909* (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP0909,
Academy Booster Pump Station Project
(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. RESOLUTIONS
A. Resolution No. 4682* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute an Interagency Agreement with King County for the purpose of
constructing a relocated King County sanitary sewer line for the M Street
Underpass Project (C201A)
(ACTION REQUESTED: City Council adopt Resolution No. 4682.)
B. Resolution No. 4755* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, receiving a
petition for vacation and setting a public hearing to consider the vacation of 8th
Street NE, west of A Street NE, within the City of Auburn, Washington
(ACTION REQUESTED: City Council adopt Resolution No. 4755.)
C. Resolution No. 4757* (Norman/Faber)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute the Museum Services Agreement between the
City of Auburn and the White River Valley Historical Society
(ACTION REQUESTED: City Council adopt Resolution No. 4757.)
D. Resolution No. 4762* (Backus/Heineman)
A Resolution of the City Council of the City of Auburn, Washington, declaring
certain City property as surplus, and authorizing the Mayor and City Clerk to
execute agreements between the City of Auburn and the State of Washington for
an exchange of property and for joint use and maintenance of property
(ACTION REQUESTED: City Council adopt Resolution No. 4762.)
E. Resolution No. 4763* (Norman/Hursh)
A Resolution of the City Council of the City of Auburn, Washington, relating to the
amendment of the 2009, 2010 and 2011 Annual Action Plan updates of the
Consolidated Plan
(ACTION REQUESTED: City Council adopt Resolution No. 4763.)
F. Resolution No. 4764* (Norman/Hursh)
A Resolution of the City Council of the City of Auburn, Washington, adopting the
2012 Community Development Block Grant Action Plan for the Consolidated Plan
for years 2010 to 2014
(ACTION REQUESTED: City Council adopt Resolution No. 4764.)
G. Resolution No. 4768* (Backus/Heid)
A Resolution of the City Council of the City of Auburn, Washington, supporting
Initiative 1183 concerning liquor: beer, wine, and spirits (hard liquor)
Initiative Measure No. 1183 concerns liquor: beer, wine, and spirits (hard liquor).
This measure would close state liquor stores and sell their assets; license private
parties to sell and distribute spirits; set license fees based on sales; regulate
licensees; and change regulation of wine distribution.
Interested persons will be afforded an opportunity to express opposing views.
(ACTION REQUESTED: City Council adopt Resolution No. 4768.)
IX. 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:
2011 Annual Action Plan Amendment
Date:
October 28, 2011
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council conduct a public haring on the proposed Community Development Block
Grant (CDBG) reallocation to its 2009, 2010 and 2011 Annual Action Plan.
Background Summary:
The preparation of an annual action plan is required by the U.S. Department of Housing
and Urban Development (HUD) in order for the City to receive federal funds under the
Community Development Block Grant (CDBG) program. The City operates under a
Consolidated Plan that is currently in effect for 2010-2014.
The Action Plan outlines proposed expenditures to implement the goals of the City's
Consolidated Plan. It identifies federal and local funds expected to be available,
indicates the activities on which they will be spent, and sets goals for the number and
type of services expected to be provided.
The City of Auburn anticipates approx. $60,000 of unused CDBG funds will be available
for projects that are consistent with federal regulations and objectives and policies of the
Auburn Consolidated Housing and Community Development Plan. Planned projects
include construction of Terry Home II ($50K) and rehabilitation of a City-owned
transitional house ($10K).
The process of a substantial amendment process is required by the U.S. Department of
Housing and Urban Development (HUD) in order for the City to receive federal funds
under the Community Development Block Grant-Recovery (CDBG-R) program.
A public notice and a brief description about the amendment to the 2009, 2010 & 2011
Annual Action Plans were published in the Seattle Times and posted on the City's
website. City Council will conduct a public hearing on the amendment on Nov. 7, 2011.
The Planning and Community Development Committee and the Finance committee are
scheduled to review and discuss the draft.
AUBURN * MORE THAN YOU IMAGINEDPH.1
O3.4.1.7
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Human Services Committee
Councilmember:Norman Staff:Hursh
Meeting Date:November 7, 2011 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
2012 Community Development Block Grant Annual Action
Plan
Date:
October 28, 2011
Department:
Administration
Attachments:
Draft 2012 Annual Action Plan
Budget Impact:
$0
Administrative Recommendation:
City Council conduct a hearing on the 2012 Annual Action Plan. For further action on this
item, please see Resolution No. 4764.
Background Summary:
The preparation of an annual action plan is required by the U.S. Department of Housing
and Urban Development (HUD) in order for the City to receive federal funds under the
Community Development Block Grant (CDBG) program. The City operates under a
Consolidated Plan that is currently in effect for 2010-2014.
The 2012 Annual Action Plan outlines proposed expenditures to implement the City's
efforts related to its CDBG projects. It identifies federal and local funds expected to be
available, indicates the activities on which they will be spent, and sets goals for the
number and type of services expected to be provided. 2012 CDBG funding is expected
to be approximately $400,000 for projects that are consistent with federal regulations
and the objectives and policies of the Auburn Consolidated Housing and Community
Development Plan.
A public notice and a brief description about the 2012 Annual Action Plans was
published in the Seattle Times and posted on the City's website. City Council will
conduct a public hearing on the amendment on Nov. 7, 2011. The Planning and
Community Development Committee and the Finance committee are scheduled to
review and discuss the draft.
O3.4.1.7
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Human Services Committee
Councilmember:Norman Staff:Hursh
Meeting Date:November 7, 2011 Item Number:PH.2
AUBURN * MORE THAN YOU IMAGINEDPH.2
AUBURN * MORE THAN YOU IMAGINEDPH.2
Department of Administration & Community Services
25 West Main Street
Auburn, Washington 98001
(253) 931 - 3041
2012 Annual Action Plan
Update to the City of Auburn's Consolidated Plan for
Housing and Community Development
Fiscal Years 2011 – 2014
November 15, 2011
(IMPORTANT NOTE: Program description and dollar amounts represented in
this plan may change subject to the availability of funds and final approval by
the Department of Housing and Urban Development.)
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2012 Annual Action Plan
EXECUTIVE SUMMARY
Each year the City of Auburn executes specific actions to implement the goals and strategies of
the Consolidated Plan for Years 2011 to 2014. Actions that will be undertaken in 2012 are
outlined in this “Annual Action Plan”.
The City of Auburn anticipates the receipt of approximately $400,000 in Community
Development Block Grant (CDBG) funds in 2012. Auburn's CDBG funds will be combined with
approximately $650,000 of General Funds to create a total Human Services budget of
approximately $1,050,000 in 2012. Human Services is responsible for providing and managing
financial resource to more than 30 non-profit agencies that serve the Auburn community,
administering the local housing repair program, and developing collaborations among community
partners to strengthen the response to residents in need.
The 2012 Action Plan proposes to allocate approximately $60,000 of CDBG funds to public
services. Most of those funds ($52,500) will be used to provide dental and medical care to
uninsured, low income Auburn residents and $7,500 for employment training.
Approximately $80,000 of the CDBG funds will be allocated to program administration, which
includes planning. The remaining $260,000 will be allocated to housing repair ($150,000),
economic development ($37,500), and support of enhancing youth outreach and gang prevention.
The City of Auburn is committed to focusing more on achieving solutions to recurring social
problems and achieve greater collaboration among service providers. The Department of
Housing and Urban Development has worked to standardize the performance measurements
listed in the Consolidated Plan. The 2012 Action Plan combines the changes that both the City of
Auburn and HUD have implemented.
Overall the implementation of the 2011 Action Plan is progressing as planned and most of the
activities listed are underway. A more detailed report of 2011 activities will be summarized in
the Consolidated Annual Performance and Evaluation Report (CAPER) that will be drafted and
released for public review before the end of the first quarter of 2012.
CITIZEN PARTICIPATION AND CONSULTATION
The development of the Annual Action Plan involves both citizen participation and consultation
with local service providers. Citizen participation in the planning process began at a joint
meeting between the Auburn City Council and Human Services Committee. At this meeting,
Council and Committee members identified a series of community results that they would like to
achieve through the appropriation of City funds.
The City consults with local service providers primarily through the solicitation of applications
for Human Services grants. Grant applications prepared by service providers furnishes the City
information regarding the goals of the agency, target populations, proposed services, gaps in the
delivery of services, linkages to poverty reduction strategies and collaboration with other service
providers. This information is reviewed by City staff and the Human Services Committee.
The Human Services Committee's recommendations were incorporated into the 2012 Action Plan
and presented to the City Council's Planning and Community Development (PCD) Committee in
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October 2011. A preliminary draft of the 2012 Action Plan was distributed to all the grant
applicants and local service providers. A public notice was issued and posted at City Hall, the
Auburn Senior’s Center, and on the City of Auburn’s website on October 7, 2012; this
information was also published in The Seattle Times announcing that copies of the proposed 2012
Action Plan were available for public review. The City Council will schedule a public hearing to
gather testimony about the plan before it takes action to review and adopt it. The following
outlines the remaining steps regarding citizen participation and consultation for the 2012 Action
Plan:
October 7, 2011: Start of Public Review Process
November 7, 2011: Public Hearing
End of Public Review Process
Council takes action to adopt the
2012 Annual Action Plan
November 15, 2011: Deadline to submit the plan to HUD
HOUSING AND COMMUNITY DEVELOPMENT RESOURCES
2012 CDBG ESTIMATED RESOURCES
In 2011 the City of Auburn received $418,755 of CDBG funds. In 2012 the City estimates that
its CDBG funds will decrease slightly from last year’s CDBG entitlement. The 2012 Action Plan
includes a contingency plan in the event that CDBG funds increase or decrease.
CDBG ESTIMATED RESOURCES
$400,000 CDBG 2012 Entitlement (estimated)
$400,000 Total Estimated CDBG Funds Available in 2012
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OTHER RESOURCES
General Funds
The City of Auburn allocates up to one percent (1%) of its general fund expenditures to provide
human services for Auburn residents through contracts with non-profit agencies. Assuming the
City will continue to receive the same amount of general fund revenues, the estimated allocation
from General Fund budget for human service grants is $550,000 in 2011.
TOTAL RESOURCES
Funding Source 2011
-- CDBG Funds $ 400,000
-- General Funds $ 650,000
Total Estimated Funds Available $ 1,050,000
CITY OF AUBURN FUNDING PRIORITIES
The expressed goal of the City's Consolidated Plan is to reduce the number of people living in
poverty with the City of Auburn. Toward this end, the City will give funding priority to
programs that - in addition to complying with federal regulations and addressing a priority
outlined in the Consolidated Plan - are consistent with the following anti-poverty strategy for
resource allocation.
1. Each project must satisfy one of the three following overriding goals:
The project must help people move out of poverty.
The project must prevent people from entering poverty.
The project must address the basic needs of people living in poverty.
2. In making funding decisions, the City will give priority to programs that:
Support, complement or are consistent with other current City plans;
Are sustainable over time;
Have demonstrated cooperation and collaboration among government, private
nonprofit agencies and the private sector to maximize impacts and reduce
administrative costs;
Do not have a more appropriate source of funds.
3. The City will give priority to programs that provide services addressing the basic needs
of Auburn's most at-risk populations. A priority population for CDBG-funded services is
individuals who are denied, by poverty and historical institutional practices, the
opportunity to develop their full potential and to enjoy the benefits of community
participation.
4. CDBG funded services must be, to the fullest extent possible, appropriate and accessible
to people who may face special barriers in accessing services.
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5. The CDBG program was built on a premise of citizen participation in the formation of
policies, including funding decisions, which address neighborhood and community needs.
The City will give priority to programs that promote community initiatives to identify
priority needs and to address those needs.
6. The City will give priority to programs that build and support the capacity of local
organizations to address the needs of Auburn residents.
7. The City will give priority to programs that support economic development and promote
access to quality jobs - positions that pay well enough to support an adequate standard of
living, allow the purchase of housing and other basic necessities, offer stability and
decent working conditions, and provide opportunities for advancement.
8. Funding priority will be given to agencies that provide direct services to Auburn residents
at locations within the city limits of Auburn.
COMMUNITY RESULTS DESIRED BY THE CITY OF AUBURN
The City of Auburn solicited proposals from local service providers to achieve the following
community results within the areas listed below. Population performance indicators will be
applied to assess the overall success of the effort and the value of ongoing support; these
indicators will be utilized to determine the effectiveness of individual programs.
Overall Result: One-Stop Center
The City of Auburn will fund human service providers who participate in the design,
development and operation of a One-Stop Center in Auburn and the efficient, collaborative and
integrated delivery of services it offers. Agencies who agree to participate in the design and
development of a One-Stop Center in Auburn may apply for funding to accomplish one or more
of the following community results:
Abused and Neglected Children: The City of Auburn will fund human service providers
that increase supportive services to children who are neglected and abused, specifically the
number of children who are victims of on-going and repeated neglect and abuse, within the
city of Auburn by 15% over the next three (3) years.
Victims of Domestic and Sexual Assault: The City of Auburn will fund human service
providers that increase the number of Auburn residents, who are victims of domestic
violence, that make the transition to a safe environment and self-determining lifestyle by 15%
within the next three (3) years.
Poverty Reduction: The City of Auburn will fund human service providers who increase
the number of Auburn residents no longer living in poverty by 15% within the next three (3)
years.
Substance Abuse: The City of Auburn will fund human service providers to develop
strategies that increase the successful completion of treatment programs by Auburn residents
who have serious behavioral and health problems due to substance abuse and chemical
dependency by 15% within a three (3) year period.
Physically and Mentally Fit: The City of Auburn will fund human service providers that
increase the availability, accessibility and use of health care to its low income residents by
15% within a three (3) year period.
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2011 PROPOSED ACTIVITIES TO ACHIEVE RESULTS
The City of Auburn requested proposals to achieve the following national objectives and
community results.
Create a Suitable Living Environment:
One-Stop Center:
-- Create a suitable living environment for Auburn's low income residents and people with
special needs by using its CDBG funds to make available float loans and Section 108
Loan Guarantees to leverage the funds necessary to develop a Community Center and
future campus for the One-Stop Center which will provide for the collocation and
integrated delivery of human services.
Abused and Neglected Children:
-- The City of Auburn proposes to allocate approximately $170,000 of its General Funds, to
generate approximately 7,700 hours of services and 160 home visits that will benefit
1,657 Auburn adults and children, for the purpose of reducing chronic abuse and neglect
of children.
Victims of Domestic and Sexual Assault:
-- The City of Auburn proposes to allocate $106,000 of its General Funds to provide 1,500
referrals for assistance, 160 bednights shelter, 700 hours of case management and 550
hours of therapy to approximately 600 victims of domestic violence and sexual assault.
Physically and Mentally Fit:
-- Create a suitable living environment by making health care available to 78 or more low-
income, uninsured Auburn residents by allocating $40,000 of CDBG funds to
HealthPoint of King County for the operation of its clinic in Auburn.
-- Create a suitable living environment by making dental care available to 70 or more low-
income, uninsured Auburn residents by allocating $12,500 of CDBG funds to
HealthPoint of King County for the operation of its clinic in Auburn.
-- The City proposes to allocate an additional $45,000 of its General Funds for the purpose
of creating access to health care to over 1,000 low-income Auburn residents and enabling
over 3,200 visits to qualified health care providers.
Poverty Reduction:
-- The City of Auburn proposes to allocate $60,000 of its General Funds to provide nearly
12,000 Auburn residents emergency assistance such as food, financial assistance, and
clothing.
-- The City of Auburn proposes to allocate $16,500 of its General Funds to provide over 60
Auburn senior citizens congregate meals and home-delivered meals and over 1,200
Auburn residents a weekly meal.
-- The City of Auburn proposes to allocate $40,780 of its General Funds to provide over
100 Auburn residents more than 3,900 bednights of emergency shelter and/or transitional
housing.
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Substance Abuse:
-- The City of Auburn proposes to allocate $10,000 of its General Funds to support a
program that provides integrated care to non-Medicaid clients who require both substance
abuse treatment and mental health counseling.
Provide Decent Housing:
Maintain the affordability of decent housing for very low-income Auburn residents by
allocating $150,000 of CDBG funds to the City of Auburn's Housing Repair Program for the
purpose of providing repairs necessary to maintain suitable housing for 50 Auburn
homeowners, including 25 homeowners who are senior citizens and 5 homeowners who lack
safe access in or out of their homes due to physical disabilities or impairment.
Expand Economic Opportunities:
Create economic opportunities by providing the availability and access to counseling and
training for approximately 40 Auburn residents who are either trying to sustain or create a
small business and, collectively generate 25 or more jobs by allocating $37,500 of CDBG
funds to the Green River Community College's Small Business Assistance Center.
Create economic opportunities by providing the availability and access to train approximately
12 very-low income Auburn residents so that at least half of them can find and sustain a job
by allocating $7,500 of CDBG funds to the Multi-Service Center Employment Program.
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DISTRIBUTION OF FUNDS
CDBG Funds
Proposed CDBG Disbursements 2012
Public Services
-- Community Health Centers: Dental Care $12,500
-- Community Health Centers: Medical Care $40,000
-- Multi-Service Center Employment Program $7,500
subtotal: Public Services $60,000
Capital Funds
-- Affordable Housing
….. City of Auburn Housing Repair Program $100,000
--Suitable Living Environment
….. Youth Outreach Center $100,000
-- Economic Development
….. GRCC Small Business Assistance Center $37,500
….. Downtown Business Façade Program $22,500
subtotal: Capital Funds $292,500
Administration
-- Program Management
…. City of Auburn Community Services $80,000
Subtotal: Administration $80,000
Total CDBG Funds: $400,000
Source of CDBG Funds: 2012
-- 2011 Estimated Entitlement: $400,000
Total Estimated CDBG Funds $400,000
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Human Services (General Fund) 2012
Auburn Human Service Agencies: 2012
… ACAP: Childcare Subsidies 20,000
… Auburn Youth Resources 75,000
… Birth to Three Development Center 10,000
… CHS: Family Resource Center 20,000
… CHS: Strengthening Families Program 10,000
… Children's Therapy Center 10,000
… Communities In Schools 5,000
… Neighborhood House: Emergency Assist. 5,000
… Pediatric Interim Care Center 10,000
… Safe Havens Visitation Center 5,000
subtotal: 170,000
… Consejo 10,000
... Crisis Clinic: 2-1-1 Line, 24 Hr., Teen Link 3,000
… DAWN 9,000
… KCSARC 22,500
… Jubilee Center: Latino Program 7,500
… SMH: Behavioral Responsibility 7,500
… VCCC: DV Survivor Support/Therapy 12,000
… YWCA: Children DV Services 5,000
… YWCA: DV Services 20,000
subtotal: 96,500
… Auburn Respite 5,000
… Christ Community Free Clinic 20,000
… Senior Services Vol. Transportation 5,000
… SKC: Mobile Medical Program 10,000
… VCCC: COD Treatment 10,000
subtotal: 50,000
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Human Services (General Fund) 2012
(Continued)
Auburn Human Service Agencies: 2012
… AFB: Emergency Food 35,000
… AFB: Community Suppers 5,000
… Auburn Senior Center: Meals Program 4,500
… CCS: CHORE Program 3,000
… CCS: HOME/ARISE 15,000
… CCS: Rita’s House 5,000
… SS: Meals on Wheels 7,000
… MSC: Emer & Transitional Housing 8,000
… New Connections 5,000
… Pregnancy Aid 5,000
… St. Vincent de Paul: Emergency Assist. 10,000
… South King Council of Human Services 5,000
… South Sound Dream Center 2,000
… Ukranian Comm. Center 7,500
… WWEE: REACH 8,000
… YWCA: Emergency Housing 4,000
… YWCA: Transitional Housing 14,000
subtotal: 143,000
Total General Fund Human Services $459,500
Contingency Plans for Changes in Funding
Total appropriations may not exceed actual revenues and no liability is to be incurred in excess of
appropriations. In the event that actual revenues are different than the revenues estimated by the
CDBG budget, the following actions shall be taken:
(a) CDBG Public Service Programs: In the event the City receives a lesser amount of CDBG
funding than budgeted for public services, then the reduction will be made as follows:
1. Reduce or eliminate the appropriation to the Multi-Service Center's Employment
Program by $7,500 or the amount of the funding reduction, which ever amount is
less.
2. Reduce the appropriation to HealthPoint by $52,500 or the remaining balance of
the reduction, which ever amount is less.
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(b) CDBG Capital-Funds Programs: In the event of a reduction in CDBG capital funds, the
amount of reduction will be prorated evenly among the funded project.
(c) Unspent CDBG Capital Grants: The funds appropriated to subrecipients for capital
improvements must be expended within the term of the subrecipient’s CDBG grant
agreement. CDBG funds appropriated for capital improvements will be considered
abandoned, and the funds will be re-appropriated, if any of the following conditions exist:
(a) The term of the grant agreement expires and the subrecipient fails to request an
extension in accordance with the terms of the agreement.
(b) The subrecipient fails to submit a request for reimbursement or fails to submit an
activity report during the program year.
(c) The subrecipient fails to make the project “bid ready” within the first year after
the appropriation. “Bid ready” means that, at a minimum, the bid specifications
are drafted and the subrecipient is ready to solicit bids.
(d) General Fund Public Services:
1. Reduction of General Fund Revenues: In the event of a reduction in the general
fund appropriation for human services, the reductions will be applied in the
following order:
(a) Communities In Schools: the lesser of $5,000 or the amount of
the reduction.
(b) St. Matthew's Jubilee Center's Latino Program: the lesser of
$7,500 or the remaining amount of the reduction.
(c) CHORE Program: the lesser of $3,000 or the remaining amount
of the reduction.
(d) If the above reductions remain less than the total amount of the
general fund reduction, then the remaining amount of the
reduction will be applied evenly by a prorated amount among the
remaining appropriations.
2. Increase in Funding: In the event of an increase in funding, then previous reductions
in appropriated amounts, if any, will be restored to the amounts recommended for
2012 in the reverse order in which the above reductions were made. If funds remain
after all reductions have been restored, then the remaining funds will be distributed
according to the allocation recommended by the Planning and Community
Development Committee and approved by the City Council.
FAIR HOUSING
The City of Auburn continues to monitor compliance with the Fair Housing Act. Complaints are
referred to the Washington State Human Rights Commission for resolution. In 2006, the City
completed an Analysis of Impediments to Fair Housing Choice (AI) as required for CDBG
entitlement communities. The Fair Housing Consultant identified three impediments and made
three recommendations. The recommendations were:
• Expand current education and outreach efforts;
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• Continue ongoing enforcement activities; and
• Target homeownership and lending marketing to minority households.
The City has implemented and continues to expand these recommendations. Information about
Fair Housing will be put on the City of Auburn's website and made available at City Hall. The
information will include links pertaining to where residents can file a complaint in the event of
alleged discrimination. Information will be available in English and Spanish. Summary data
regarding the number of fair housing complaints filed against landlords and realtors in Auburn
will be reported in the CAPER.
PUBLIC HOUSING
The City of Auburn continues to support public housing communities located within its city
limits. Many of the residents who receive the services provided by the City's human service
grants live in public housing communities. Two grant recipients are located within public
housing communities. In addition, the City of Auburn's Housing Repair program serves
approximately 10 – 12 residents per year who live at Tall Cedars Mobile Home Park, which is
owned by the King County Housing Authority. Home repairs include furnaces, hot water tanks,
wheelchair ramps and other repairs necessary to keep the home habitable. The following
summarizes the grants provided to specific public housing communities:
Agency/Program Public Housing Community Amount
Auburn Food Bank Burndale $40,000
Housing Repairs Tall Cedars Mobile Home Park $50,000
Total: Public Housing Community Programs $90,000
CHRONIC HOMELESSNESS
The City of Auburn will continue to provide funding to regional and local agencies that provide
assistance to homeless families. In 2012 the City will strive to maintain a continuum of care for
homeless families that includes emergency assistance, emergency shelters, severe weather shelter
and transitional housing. In addition, the City provides funds for the provision of medical care,
childcare and employment training to help prevent people from becoming homeless. The City of
Auburn plans to allocate $49,780 of its General Funds to provide more than 4,000 bednights of
emergency shelter and/or transitional housing to approximately 120 Auburn residents. The
following summarizes the grants awarded with the intent to reduce chronic homelessness:
PH.2
October 20, 2011
13
Agency / Program Award Residents Services
Provided
DAWN Confidential Shelter $9,000 15 160 bednights
Multi-Service Center $8,000 29 870 bednights
HOME/ARISE Emergency Shelter $15,000 30 1,650 bednights
YWCA Emergency & Transitional Housing $17,780 46 1,400 bednights
Total: $49,780 120 4,080 bednights
GEOGRAPHIC DISTRIBUTION
CDBG funds spent on neighborhood revitalization and housing repairs for targeted
neighborhoods will occur primarily within the Census Tract 306 and Census Tract 307.
According to the Census Bureau, these two census tracts are predominantly low income with
median household incomes less than 80% of the King County median household income. Public
services funded with CDBG funds and housing repairs in non-targeted neighborhoods will be
offered to low income or limited clientele residents citywide.
LEAD-BASED PAINT HAZARDS
The City of Auburn will continue to implement U.S. Department of Housing and Urban
Development (HUD) regulations to protect young children from lead-based paint hazards in
housing that is financially assisted by the federal government. The requirements apply only to
housing built before 1978, the year lead-based paint was banned nationwide for consumer use.
The following table summarizes actions required by these regulations.
Amount of Grant <$5,000 $5,000-$25,000 > $25,000
General Approach Do No Harm Identify and control
lead hazards
Identify and abate
lead hazards
Notification Pamphlet Pamphlet & Notice of
Assessment
Pamphlet & Notice of
Hazard Reduction
Evaluation Visual Paint Testing Risk Assessment
Reduction Strategy
Repair surfaces
disturbed during
rehab work
Interim Controls Abatement and
Interim Controls
BARRIERS TO AFFORDABLE HOUSING
The City of Auburn will continue to look at policies that remove barriers to affordable housing.
The City of Auburn's Comprehensive Land Use includes several policies and objectives that will
guide the City toward achieving its affordable and fair housing goals. These policies include
maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities.
The City will continue to pursue mixed use developments that are consistent with the
transportation oriented developments located in Auburn's downtown. The City will look for
opportunities with public and private agencies to implement policies and offer programs that help
PH.2
October 20, 2011
14
alleviate physical and economic distress, conserve energy resources, improve the quality and
quantity of community services, and eliminate conditions that are detrimental to health, safety
and public welfare.
LOW-MODERATE INCOME BENEFITS
Over the past three years approximately 90% of the clients served by programs funded with
CDBG funds earned low to moderate incomes. The beneficiaries of programs funded in 2012
with CDBG funds are not expected to deviate from these past trends. The City of Auburn will
continue to distribute its funds for human services based on priority needs identified for people
with low-to-moderate incomes with a particular emphasis on people who live in poverty.
POLICIES AND CERTIFICATIONS
Agencies applying for CDBG funds are required to respond to general and program specific
polices in their applications. All projects are evaluated to determine if they are:
1. Eligible relative to federal guidelines;
2. Consistent with the program objectives and strategies;
3. Consistent with local, state and federal regulations;
4. Feasible within contract and timeline guidelines; and
5. Capable of developing and measuring outcomes.
These policies include, among others:
• Consistency with local codes and policies;
• Restrictions on the change of use of property and buildings which were acquired or
improved with CDBG funds;
• Minimization of displacement and the provision of relocation assistance;
• Adherence to federal wage rates;
• Compliance with federal audit requirements; and
• Adherence to and enforcement of lead-based paint abatement regulations, fair
housing laws and affirmative action.
DOCUMENTATION AND ON-SITE MONITORING
Detailed records are maintained and reviewed to determine and assure agency compliance with its
contract and other applicable regulations. Deficiencies in record keeping are documented and
technical assistance to correct noted deficiencies is provided. The failure to comply with
contractual requirements and regulations could result in remedial actions and/or the termination
of funding.
PH.2
October 20, 2011
15
FISCAL AUDITS
The City conducts an internal audit to ensure that its records are complete and agencies are
complying with applicable rules and regulations. In addition, the City’s records are subject to an
independent annual audit by the State Auditor. Both the City's internal audit and the State
Auditor test to determine the City’s compliance with the following CDBG requirements:
Political Activity;
Davis-Bacon and Related Acts;
Civil rights;
Cash Management;
Federal Financial Reports;
Allowable Costs & Cost Principles;
Drug-Free Workplace Act; and
Various administrative
requirements.
MORE INFORMATION
For more information and/or to get on the City's mailing list for Consolidated Plan
updates and grant applications, please contact:
Michael Hursh, Community Services Manager
Department of Administration
25 West Main Street, Auburn, WA 98001
Phone: (253) 804-5029
Email: mhursh@auburnwa.gov
PH.2
AGENDA BILL APPROVAL FORM
Agenda Subject:
Development Agreement with Auburn Properties Inc.
Related to the Auburn Gateway Project
Date:
October 26, 2011
Department:
Planning and Development
Attachments:
Resolution No. 4756
Attachment "A" Development Agreement
Attachment "1" to DA
Memorandums from City Attorney Heid
and Assistant City Attorney Gross
Memorandum of Committee Discussions
for Record
Budget Impact:
$0
Administrative Recommendation:
City Council conduct quasi-judicial public hearing.
Background Summary:
For the last several years, City of Auburn staff has been negotiating with Robertson
Properties Group (RPG) that is directly affiliated with Auburn Properties, Inc. on future
development of approximately 70 acres located east of Auburn Way North, west of the
extension of I ST NE, south of S 277th ST, and North of 45th ST NE consisting of the
Valley 6 Drive-In Theater site and surrounding properties owned by Robertson
Properties Group (RPG) and hereafter referred to as the Auburn Gateway Project. The
efforts around these negotiations have included the preparation of Environmental Impact
Statement (EIS) documentation, amendments to the City's Comprehensive Plan and
Zoning Code to authorize and apply the Mixed Use Commercial Zone (C-4), preparation
of a draft Development Agreement and preparation of a draft Planned Action Ordinance.
Related to the overall processing, in August 2011, the City Council approved Ordinance
No. 6371 that authorized a four-month continued conditional effectiveness of the
Comprehensive Plan and C-4 zoning to the Auburn Gateway Project. The
comprehensive plan and zoning designations applied to the Auburn Gateway Project are
conditioned upon the successful execution of a development agreement between the
City and Robertson Properties Group. The designations do not become permanent until
the City Council approves a development agreement. Planning and Development, Public
Works and Legal Department staff has been actively working with Robertson Properties
Group to complete required studies, negotiations and documentation in order to provide
the City Council with substantive policy making opportunities that would facilitate the
AUBURN * MORE THAN YOU IMAGINEDPH.3
phased development of the Auburn Gateway Project.
As previously discussed with the City Council, the development agreement proposed for
Auburn Gateway is vested under the provisions of Chapter 14.21 (Development
Agreements) that was repealed by City Council's approval of Ordinance No. 6187.
Section 14.21.050 specifies that the City Council shall only approve a development
agreement after a duly noted public hearing before the City Council. Noticing for the
public hearing has included publication of a legal notice in the October 28, 2011 edition
of the Seattle Times, mailing of a public hearing notice to all property owners of record
pursuant to the current records of the King County Assessor on October 28, 2011 within
500 feet and posting of two (2) public hearing notice boards at the site on October 28,
2011. The public hearing was rescheduled from original notification date of October 17,
2011.
The City Council's consideration of the Development Agreement including the holding of
the public hearing is a quasi-judicial action. Please find attached, Attachment "A", the
September 1, 2011 and October 11, 2011 memorandums from City Attorney Heid and
Assistant City Attorney Gross regarding considerations and procedures for the Council's
participation and decision-making in a quasi-judicial framework.
Staff has previously distributed background materials at the Council Committees' work
sessions. These materials have included:
1. the Draft and Final Environmental Impact Statement for Northeast Auburn/Robertson
Properties Special Area Plan,
2. the Northeast Auburn/Robertson Properties Special Area Plan Environmental Impact
Statement Addenda,
3. the proposed Architectural and Site Design Standards
Staff requests that for the public hearing the City Council bring these previously
distributed materials.
However, provided with this packet is a revised draft development agreement to reflect
the changes requested by the Public Works Committee at their 10-3-11 meeting and as
recommended to the City Council by the Planning and Community Development
Committee at their 10-10-11 meeting. Also, provided is Attachment 1 of the
Development Agreement (property legal descriptions) which has been updated. The
materials will be included in the final version of Resolution No. 4756 presented for City
Council action at a subsequent regular City Council meeting when the development
agreement and planned action ordinance can be acted upon at the same meeting.
O3.6
AUBURN * MORE THAN YOU IMAGINEDPH.3
Reviewed by Council Committees:
Finance, Municipal Services, Planning And Community Development, Public Works
Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:November 7, 2011 Item Number:PH.3
AUBURN * MORE THAN YOU IMAGINEDPH.3
----------------------------
Resolution No. 4756
10.12.11
Page 1 of 5
RESOLUTION NO. 4756
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH AUBURN PROPERTIES,
INCORPORATED RELATED TO THE AUBURN
GATEWAY PROJECT
WHEREAS, Chapter 14.21 of the Auburn City Code (repealed in 2008 by
Ordinance No. 6127) and Chapter 36.70B.170 – 36.70B.210 allow cities to enter
into development agreements in order to provide greater flexibility in existing city
standards in exchange for development that is of significantly higher quality,
generating more public benefit, and providing a more sensitive proposal than that
which would be required by the existing code; and
WHEREAS, Auburn Properties, Incorporated, acting through its affiliate
Robertson Property Group (“Applicant”), filed a completed application for a
Development Agreement before the repeal of ACC 14.21, and has been working
with City staff to prepare an agreement for Council’s review; and
WHEREAS, all public meeting and hearing requirements in ACC
14.21.045 and ACC 14.21.050.A have been met, as follows: a public meeting
was held on November 21, 2002; January 28, 2003; and February 12, 2004. This
application was presented for discussion to the Council’s Planning and
Community Development Committee on July 25, 2011 and September 26, 2011,
and was passed out of committee with a do pass recommendation on October
10, 2011. The application was also presented to the Public Works Committee for
discussion on August 15, 2011 and October 3, 2011, and to the Municipal
Services Committee on August 8, 2011 and October 10, 2011. The application
PH.3
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Resolution No. 4756
10.12.11
Page 2 of 5
was also discussed at the Committee of the Whole committee meeting on August
29, 2011. All of these meetings were properly noticed and were open to the
public. Additionally, a duly-noticed public hearing was held on October 17, 2011
before the full City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the City Council, in accordance with ACC 14.21.010B,
makes the following findings:
1.1 The Applicant has prepared a traffic analysis, and right-of-way
(“ROW”) is proposed to be dedicated and improved, in order to manage vehicular
traffic associated with the project and passing through the project site. This will
provide linkages in an area currently underserved by streets. In particular, the
Applicant’s proposal will result in dedication of right-of-way and contribution
toward the construction of I Street NE, a minor arterial street, which will provide
traffic relief for Auburn Way North, and will avoid more piecemeal dedication and
roadway construction;
1.2 The Applicant proposes Architectural and Design Standards to
promote pedestrian-oriented design for the development in excess than what is
currently required by Title 18 (Zoning) of the Auburn City Code;
1.3. The Applicant will be responsible for continuation of trail
construction along the south side of S. 277th Street along its site frontage. The
Planned Action Ordinance (“PAO”), to be separately adopted by the City Council,
PH.3
----------------------------
Resolution No. 4756
10.12.11
Page 3 of 5
requires, as a mitigation measure, that the Applicant submit a master plan for
pedestrian and non-motorized circulation for City approval;
1.4. The C-4 mixed-use zoning adopted by the City, and given
permanent status upon execution of the Development Agreement, requires
residential uses to be located on the upper story of multi-storied buildings,
thereby encouraging compact development;
1.5. Currently, the City has no design standards in place that would
apply to the Project;
1.6. The Applicant has, in conjunction with the City, proposed
Architectural and Site Design standards to apply to the Project to demonstrate an
enhanced level of design and quality, and to promote compatibility within the
Project boundaries;
1.7. The Applicant has previously taken action to provide 40,546 square
feet of wetland buffer enhancement in the Project area;
1.8. The Applicant will provide regular written progress and status
reports, and will participate in meetings with the City to report on project status;
1.9. The Agreement contains a process for interpretation and
modification of its provisions;
1.10. The Agreement contains a termination provision that requires the
Applicant to develop its project according to the terms of the agreement and the
PAO.
Section 2. That, based on these findings, the Council concludes that:
PH.3
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Resolution No. 4756
10.12.11
Page 4 of 5
2.1. Based on findings 1.1 through 1.6, the Applicant has met the
criteria in ACC 14.21.010(B)(2) that the Project provide efficient and effective use
of land, opens space and public facilities that results in a higher quality of
development than is required by the standards of the applicable zone;
2.2. Based on findings 1.4 through 1.6, the Applicant has met the
criteria in ACC 14.21.010(B)(3) to provide building and site design that
complement surrounding land uses and their environment;
2.3. Based on findings 1.7, the Applicant has met the criteria in ACC
14.21.010(B)(4) that the project provide for superior protection of critical areas;
2.4. Based on all of the findings above, the Applicant has met the
criteria in ACC 14.21.010(B)(1) that the project provide development that is
consistent with the goals and polices of the comprehensive plan;
2.5. Based on all the findings above, the proposed development will be
of significantly higher quality, will generate more public benefit, and will be a
more sensitive proposal than would be developed in the absence of the proposed
agreement.
Section 3. That the Mayor is hereby authorized to enter into a
Development Agreement in substantially the form at Exhibit A, with Auburn
Properties, Incorporated.
Section 4. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
PH.3
----------------------------
Resolution No. 4756
10.12.11
Page 5 of 5
Section 5. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2011.
CITY OF AUBURN
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
PH.3
Exhibit “A” to council packet
Draft 10.27.11
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN PROPERTIES, INC.
[Date ________________]
PH.3
Development Agreement
Page 1 of 21
Draft 10.27.11
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN PROPERTIES, INC.,
FOR DEVELOPMENT OF THE AUBURN GATEWAY PROJECT
The CITY OF AUBURN (“City”) and AUBURN PROPERTIES, INC., a Washington
corporation (“Developer”) enter into the following development agreement (“Agreement”) to
govern the development, use and mitigation of environmental impacts associated with the
development of the Auburn Gateway Project (“Project”), through construction of the buildings
and related physical on- and off-site improvements.
The Agreement is authorized by RCW 36.70B.170 through .210. It addresses Project
development standards, which are defined in the statute to include, for example, impact fees,
mitigation, design standards, approach to phasing, review procedures, vesting issues, and any
other appropriate development requirements.1 The Agreement provides the City and Developer
with certainty as to the type of Project that will be built, and the type of mitigation that will be
provided.
The Project, when all development improvements are completed as contemplated for this project,
will be consistent with current local regulatory requirements in effect as of the date this
Agreement is signed.2 The development standards in the Agreement will govern the Project for
the term of the Agreement unless amended or terminated.3 As authorized by state statute,4 the
Agreement identifies, in part, the mitigation measures, development conditions and other
requirements under the State Environmental Policy Act (Chapter 43.21C RCW, “SEPA”)
pursuant to the Northeast Auburn/Robertson Properties Final Environmental Impact Statements
and addendums, supplements or modifications to the EIS documents for the Project. The
Agreement shall only be approved and recorded with King County’s real property records after a
public hearing before the Auburn City Council has been held.5 Approval of this Agreement by
the Auburn City Council is a “land use decision” as defined in RCW 36.70C.020(2). As further
described below, the Parties agree that certain provisions of this Agreement may only be
appealed or challenged in accordance with the appeal procedures set forth in the Land Use
Petition Act (“LUPA”) (Chapter 36.70C RCW).
1. Zoning/Land Use. This Agreement fulfills that portion of the obligation specified in
Section 13 of Ordinance No. 6183 (as amended), that non-conditional applicability of the C-4,
Mixed Use Commercial zoning designation shall only take effect upon the Parties’ execution of a
development agreement. Section 13 of Ordinance No. 6183 also requires adoption of a Planned
Action Ordinance. Additionally, the Parties agree to process an amendment to change the zoning
of any property owned by the Developer as of the date of execution of this Agreement and
covered by the EIS and addendums, supplements or modifications to the EIS to C4, Mixed Use
Commercial Zoning not later than one year after the date of this Agreement.
1 RCW 36.70B.170(3).
2 RCW 36.70B.170(1).
3 RCW 36.70B.180.
4 RCW 36.70B.170(3)(c).
5 RCW 36.70B.200; RCW 36.70B.190.
PH.3
Development Agreement
Page 2 of 21
Draft 10.27.11
2. Location. The Project consists of approximately 70 acres of land in the northeast corner
of the City, generally bordered by South 277th Street to the north, 45th Street NE to the south,
Auburn Way North to the west, and Port of Seattle property (Tax Parcel No. 0004200006) to the
east. Developer’s property is located within the Northeast Auburn Special Plan Area, an
approximately 120-acre area established by the City of Auburn Comprehensive Plan in 1995 and
as subsequently amended by Ordinance No. 6183. The property location is legally described on
Attachment 1 (“Subject Property”). Developer has a property interest in the subject property.
Additional properties may become part of this Agreement through the amendment process
described in RCW 36.70B.170-210. In the event the Agreement is amended to include
additional properties, the terms of this Agreement shall apply equally to those additional
properties except as specified in the amendment(s).
3. Project Description. The Project involves the redevelopment of the Valley 6 Drive-in
Theater complex and adjacent properties owned or controlled by Developer. The redevelopment
of the Property will include a mixture of office, retail and residential uses, provided that
residential uses shall not be constructed on the first floor portions of buildings other than those
ancillary interior uses needed to support residential uses on upper floors including but not limited
to lobbies, mechanical rooms, and elevators. The parties intend to provide the Developer with
flexibility to reasonably respond to market conditions with limitations mutually agreed to by
both parties. In exchange for this flexibility, the City will receive a planned mixed use
development consistent with applicable chapters of the adopted City of Auburn Comprehensive
Plan including but not limited to the Northeast Auburn Special Area Plan and the goals for this
area set forth in this Agreement. The entire Project is more fully described both in Attachment 2,
which includes the Project Site Plan, and in the Northeast Auburn/Robertson Properties Final
Environmental Impact Statement (EIS) and addenda, supplements or modifications to the EIS set
forth as Attachment 3 to this Agreement. The City and Developer recognize that economic
market conditions may cause the mix of land uses to differ slightly from the specific alternatives
analyzed in the EIS. The land use mixture is proposed to remain consistent with the scope of land
uses analyzed in the 2004 Northeast Auburn/Robertson Property’s Environmental Impact
Statement. Mitigation will be related and roughly proportional to the impacts created by RPG
development-generated traffic volumes.
4. Term of Agreement and Vesting. The term of the Agreement shall be for fifteen (15)
years from the date of the last signature with three distinct vesting periods described herein. The
legal requirements identified in the Agreement shall govern the Project as follows:
(a) Development regulations pertaining to land use and zoning requirements, such as
permitted, conditional and prohibited uses and lot development standards but excluding
building, engineering and environmental regulations shall be the C4, Mixed Use
Commercial Zoning District, as conditionally adopted by Ordinance No. 6183, June 16,
2008 and applied to all properties covered by this Agreement. Any amendment to the C4,
Mixed Use Commercial Zoning District subsequently approved by the Auburn City
Council shall not be applicable to the properties covered by this Agreement. The C4,
Mixed Use Commercial Zoning District in effect on the effective date of this Agreement
PH.3
Development Agreement
Page 3 of 21
Draft 10.27.11
shall be applicable to the subject property for the entire fifteen (15) year term of the
Agreement.
The Architectural and Site Design Standards titled: “Auburn Gateway Architectural and
Site Design Standards” (“Architectural and Site Design Standards”) prepared by BRCA
October 2011 and proposed by the Developer and attached as Attachment 4 are hereby
adopted as part of this Agreement, and shall be vested for the term of the Agreement.
Amendments to these Architectural and Design Standards proposed by the Developer
shall be processed as provided for in Section 11 B of this Agreement.
(b) Development Regulations, except those specified in Section 4(a), that are in effect for
the entire term of the Agreement, in effect at the time of the City’s receipt of the full and
complete application for the initial development activities shall be applicable and govern
development for the Initial Vesting Period (IVP), to the extent of the development
activities included in said full and complete application. The IVP shall run from the
effective date hereof and ending December 31 of the 5th year following the effective date
hereof.
(c) Following the IVP a Second Vesting Period (SVP) shall be established for the 5 year
period starting January 1 of the 6th year and ending December 31 of the 10th year
following the effective date hereof, for development activities subsequent to those
covered by the IVP.
(d) Following the SVP a Third Vesting Period (TVP) shall be established for the 5 year
period starting January 1 of the 11th year and ending December 31 of the 15th year
following the effective date hereof, for development activities subsequent to those
covered by the SVP.
At the beginning of each subsequent five-year vesting period, SVP and TVP, the
development regulations in effect on December 31 of the last year of the prior vesting
period shall replace the development regulation in effect prior thereto, Provided, that the
development regulations specified in Section 4(a) that are in effect for the entire term of
the Agreement shall not be replaced. The Developer shall be responsible for re-recording
the Development Agreement with the new regulations attached at the beginning of each
new vesting period. At the beginning of each subsequent five-year vesting period, the
development regulations in effect as of December 31 of the prior vesting period shall
replace Attachment 5 and this Agreement shall automatically be amended with said
regulations with the Developer’s re-recording of this agreement with the new regulations
attached. It shall be the responsibility of the Developer to re-record this Agreement with
the new regulations attached at the beginning of each five-year vesting period.
Notwithstanding this vesting period, the property owner(s) subject to this agreement may,
if agreed to by the City, conform to new development regulations that may from time to
time be adopted by the City by providing the City with the applicable development
regulations that apply under this Agreement or providing the City the with applicable
development regulations the applicant elects to have applied to the application along with
a sworn statement that the property owner shall be bound by the new regulations at the
PH.3
Development Agreement
Page 4 of 21
Draft 10.27.11
time of subsequent permit application. Failure to submit said regulations with an
application shall result in a waiver by the property owner of any claim that the City
applied the incorrect regulations and the City shall have the discretion to apply either the
vested regulations or the current regulations.
(e) Development regulations related to public health and safety issues, including but not
limited to building codes, fire codes, mechanical codes, plumbing codes, electrical codes
and property maintenance codes shall vest upon the City’s acceptance of a complete
permit application for each specific permit as determined by the City through its permit
completeness determination process in accordance with Chapter 14.06 of the Auburn City
Code (“ACC”) in effect on the date the permit is submitted.
(f) Any amendments or additions made to these legal requirements during the term of the
Agreement shall not apply to or affect the development to the extent of previously
received full and complete applications for development activity of the Project, except as
otherwise provided, or if other county, state or federal laws preempt the City’s authority
to vest regulations. The City reserves the authority to impose new or different officially
adopted regulations if, and to the extent required by, a serious threat to the public health
and safety, as determined by the City.6 The City also reserves the authority to impose
new or different officially adopted regulations, if federal or state laws change requiring
new or different standards. Developer can appeal City’s determination, except for those
standards required by state or federal laws, through the normal appeal processes for
administrative decisions as provided for by ACC 14.13.010.
(g) The parties specifically agree that right-of-way requirements shall be vested for
“footprint design” requirements as of the effective date of this Development Agreement,
but “technical design” requirements shall be established as of the date of the complete
permit application as determined by the City through its permit completeness
determination process in accordance with Chapter 14.06 of the Auburn City Code
(“ACC”) in effect on the date the permit is submitted.
(h) The vested rights established by this Agreement as applied to any particular project
merge into the permit approval for that project and shall terminate as provided for such
permit by the applicable provision of the Auburn City Code.
5. Project Reporting and Coordination. In recognition of the large size, scale and
complexity of the Project, market absorption factors and the overall term of the Agreement, the
parties agree that phased construction and acceptance of public and private streets, and public
and private utilities and equipment may be needed. The Parties agree to the following reporting
and coordination schedule.
Developer shall report to the City, at a minimum, on January 15 and June 15 of each year
the Agreement is in effect. Once Developer begins construction of the infrastructure, the
parties shall jointly determine a quarterly or monthly reporting schedule.
6 See RCW 36.70B.170(4).
PH.3
Development Agreement
Page 5 of 21
Draft 10.27.11
Reports shall include, but not be limited to, the following areas:
Status of leases;
Construction updates (rights-of-way (ROW), utility infrastructure, and buildings
percentage completed and construction remaining);
Non-City Permit/approval status, including Department of Ecology, Army Corps of
Engineers, NOAA-Fisheries
Reports shall be written. If the written reports contain information that Developer considers to be
proprietary business information as that term is used in Washington’s Public Records Act, RCW
42.56.270, it shall clearly mark those portions of the report that Developer considers to be
exempt from disclosure. The City agrees that, if it receives a public records request for
documents that Developer has marked as proprietary business information, it will assert the
exemption, and notify the Developer of the request. The Developer may seek a court order to
prevent disclosure as provided for in RCW 42.56.540. If a requestor files an action in court
seeking release of these documents, Developer agrees to be in interpleaded into that action, to
defend its designation of those documents as proprietary, and, provided the City has timely
notified Developer of the request and the City’s response, to indemnify and hold the City
harmless from any fines or penalties for non-disclosure of documents the Developer has marked
as proprietary.
Developer also agrees to attend, or to send a representative familiar with the Project and this
Agreement to attend, Council committee meetings or full Council meetings when requested to
report on the Project status at least annually.
6. Project Approvals. The City shall accept for processing, review and action all complete
applications and submissions for Project Approvals as determined by the City through its permit
completeness determination process in accordance with Chapter 14.06 of the Auburn City Code
(“ACC”) in effect on the date the permit is submitted.
Any agreement by the City to cooperate does not in any way obligate the City with respect to
usual and customary City permit processing, code compliance and other regulatory reviews as
they may relate to the Developer or the Developer's requirements hereunder. The outcome of
any regulatory review or action undertaken by the City involving the Developer will be
independent of and in no way biased, prejudiced, or predetermined in any way by this
Agreement. Nothing in this Agreement is intended or shall be construed to require that the City
exercise its discretionary authority under its regulatory ordinances in a manner favorable to the
Developer.
7. Flood Storage Capacity. The City and Developer acknowledge that under this
agreement there will be a need for off-site flood storage capacity for the Project. The parties
acknowledge that the City is not legally obligated to provide off-site storage capacity, but if off-
site flood storage capacity is not available, the Project might not go forward. The City agrees that
it will seek a clarifying agreement with the Port of Seattle (“Port”) regarding the City’s right to
use or commit the use of flood storage capacity with the constructed wetland mitigation property
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owned by the Port that is located in the Planning Area for the Project. If the City has the right to
use or commit the use of this property for compensatory flood storage, the Parties agree that the
City shall make a mutually agreed amount of cubic feet of storage capacity available to the
Developer for Developer’s on-site compensatory flood storage requirements and an additional
compensatory flood storage volume as needed to accommodate the Developer’s public
transportation and storm drainage improvements, provided that City’s Mayor and the Developer
negotiate full and sufficient consideration for Developer’s use of the flood storage capacity. The
City and Developer agree that this amount will be established following the conclusion of
technical analysis by the Port and City that establishes the total amount of cubic feet of
compensatory flood storage. The Developer acknowledges that the City may elect to reserve a
portion of this capacity for municipal purposes and needs. The City shall convey the right to use
the property to the Developer by means of an easement or other similar document as agreed to by
the Parties. The Parties agree that Developer’s agreement to provide certain improvements, such
as low impact development features including but not limited to rain gardens and pervious
pavement/concrete, as will be negotiated between the City’s Mayor and the Developer is full and
sufficient consideration for Developer’s use of the flood storage capacity.
Developer agrees that it will submit a Letter of Map Revision (“LOMR”) to the Federal
Emergency Management Agency (FEMA) that addresses to the reviewing agency’s standards the
placement of fill and affect on the floodplain. The City agrees to provide concurrence in
Developer’s LOMR process as provided for in Chapter 15.68 ACC.
8. Design and Construction.
The parties agree that as a material consideration for the City’s entry into this Agreement, the
Developer will design and construct the Project in accordance with the Auburn Gateway
Architectural and Site Design Standards adopted as part of this Agreement. Additionally,
notwithstanding the permitted uses in the C-4, Mixed Use Commercial Zoning District, the
Developer agrees that the layout and uses of the Project shall adhere to the following guidelines:
Multiple Family Residential uses shall only occur in a vertical mixed-use
development; other than common areas, parking, and access, multiple family residential uses
shall not be on the ground floor of any building;
The Project shall contain more full service, sit down restaurants than “fast food”
restaurants including drive-thru type restaurants;
Gas stations and automobile repair service and parts businesses shall only be
constructed as a department of a larger retail operation.
9. Transportation/Utility/Infrastructure Improvements. The City and Developer
acknowledge that under this Agreement there will remain a “gap” in the funding of infrastructure
improvements that the City is not obligated to fill but without which the Project might not go
forward. The Parties agree that Developer’s requirement to construct infrastructure is limited to
improvements required by City code and/or mitigation measures specified in the Planned Action
Ordinance. Both Parties recognize that there are benefits from these improvements to the public
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that extend beyond the Developer’s obligations. Therefore, the Parties agree that they will work
cooperatively to resolve issues related to infrastructure funding. The Parties recognize that the
Developer’s obligations will be proportionate to the scale and impact of the development. The
Parties agree that, for purposes of this section, that the provision of payments and credits for
infrastructure improvements is governed by state law and applicable City code. Both the City
and Developer will make their best efforts to assist each other as well as consider all other
options in filling that “gap” as improvements become necessary. While a number of
Transportation and Utility Improvements in and around the proposed Project are needed to be
made concurrent with initial construction of the Project, the Parties agree that the infrastructure
construction may be done in multiple increments. If the Developer constructs these needed
improvements the City will, in accordance with City code and state law, provide the following
payments and credits:
Transportation Improvements:
(a) Transportation Impact Fee Credit –The City has determined through its
comprehensive transportation planning and transportation impact program development
that certain infrastructure projects create capacity in the City’s public street system and as
such will remain included in the City’s list of eligible projects for traffic impact fee
credits (Transportation Impact Fee Program List). As such, the City will provide a credit
for transportation fees attributable to the Project in conformance with Chapter 19.04.
(b) The City will also reimburse RPG from other such mitigation fees it has or may
collect for other developments in the area towards public street improvements that
overlap with RPG’s required improvements, provided those funds have not expired and
are available The Parties acknowledge that the City’s authority to expend available
mitigation money will begin to expire beginning on November 13, 2013 and that if the
Parties have not agreed on a method guaranteeing the expenditure of the money in
advance of this and subsequent expiration dates, the City shall have the sole authority to
expend that money in accordance with applicable law. It is also acknowledged by the
Parties that any such agreement shall be made a minimum of 24 months in advance of
each associated expiration date to allow the City adequate time to expend the money
before the required expiration dates.
(c) Grants. The City will pursue consider placing a higher priority on the I Street NE
project in the City’s Capital Facilities Plan and its Transportation Improvement Program.
The City will at its sole discretion, apply for and seek state and federal grants for eligible
Transportation improvements within the Northeast Auburn Special Plan Area in
accordance with the City’s Comprehensive Transportation Plan and Six-Year
Transportation Improvement Program. The Developer agrees to partner with the City in
such efforts, including financially participating in an amount not to exceed the
Developer’s proportional share of the improvement. If the City is successful obtaining
any such grants, the City will make a good faith effort to design and construct such
improvements in coordination with the phasing project milestones set out in this
Agreement.
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(d) Street Payback Agreement. Developer may apply to the City for a Street Payback
Agreement in accordance with Chapter 12.70 of the Auburn City Code.
Utilities Improvements:
(e) Utility Payback Agreements – The City may enter into Utility Payback Agreements as
set forth in ACC 13.40.060 in order to obtain reimbursement on behalf of the Developer
for applicable Project-related public Utility Improvements (water, sanitary sewer, and
storm drainage) benefiting other new development consistent with the Auburn City Code
in effect at the time the applicable permit is issued.
(f) Utility System Development Charge Credit – The City will credit utility System
Development Charges attributable to the Project to the extent the Developer over sizes
public Utility Improvements (water, sanitary sewer, and storm drainage) consistent with
Auburn City Code at the time the applicable permit is issued.
(g) The City will reimburse the Developer from other available mitigation funds collected
by the City from the Port of Seattle as prescribed in the City’s agreement with the Port
(Attachment 5) for applicable public water, sanitary sewer, and storm drainage
improvements installed by the Developer, provided those funds have not expired and are
available. The Parties acknowledge that the City’s authority to expend available
mitigation money will begin to expire beginning on _November 13, 2013, and that if the
Parties have not agreed on a method guaranteeing the expenditure of the money in
advance of this and subsequent expiration dates, the City shall have the sole authority to
expend that money in accordance with applicable law. It is also acknowledge by the
Parties that any such agreement shall be made a minimum of 24 months in advance of
each associated expiration date to allow the City adequate time to expend the money
before the required expiration dates.
10. Adequacy of Project Mitigation Under SEPA. The Project has been subject to detailed
environmental review. The City issued a Determination of Significance and a Final Northeast
Auburn/Robertson Properties Environmental Impact Statement (EIS). The EIS sets forth
numerous Project conditions in a variety of environmental areas. The City Council has reviewed
the SEPA record and the EIS, and agrees to enter findings stating that, when all improvements
are completed as contemplated for this Project, the Project in its entirety (inclusive of all
properties within the Project Area for the EIS as approved, including addenda or supplements to
the EIS) will be adequately mitigated under SEPA with the implementation of this Agreement
and other project approvals including Comprehensive Plan map and text changes, zoning code
map and text changes and adoption of a special area plan and planned action ordinance. The
mitigation that is imposed under SEPA, through the City’s SEPA regulations, is listed in the
City’s EIS, a copy of which is included as Attachment 3 to this Agreement. Subject to
requirements contained in a Planned Action Ordinance, no further SEPA mitigation will be
required by the City for any Project qualifying as a Planned Action, subject to a major
modification as provided below in Paragraph 11, unless such further mitigation is required by
federal or state law or regulation, or is determined by the City in its sole discretion to be
necessary to prevent a serious threat to public health and safety.
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11. Modifications. The Project will be subject to building, land use, environmental and
engineering reviews and approvals. The final design of the buildings and other improvements,
precise location of building footprints, location of utilities, determination of access points, and
other design issues will be determined during that process and are part of this Agreement.
A. Deviations from the adopted document: ‘Auburn Gateway Architectural and Site Design
Standards’. The Planning Director or the Director’s Designee has the authority to vary from
these standards on a specific limited instance and non-routine basis if the variation provides
equivalent design or approximate dimensions, or if here are unique building or site design
considerations that, in the Director’s determination, warrant a deviation.
B. Amendments to the adopted document: ‘Auburn Gateway Architectural and Site Design
Standards’. If the Developer wishes to amend any of the adopted ‘Auburn Gateway
Architectural and Site Design Standards’, the Developer shall submit the proposed changes to the
Planning Director, who shall forward them with a recommendation to the City Council’s
Planning and Development Committee who shall have the authority to approve, approve with
modifications or deny the requested design standard amendment(s). An “amendment” is a
change to the standards that changes the area-wide and routine intent or effect of the standards.
C. Modifications to the Development Agreement.
Changes to the Development Agreement that are determined by the Director of Planning and
Development to constitute a major change shall be referred to the City of Auburn Hearing
Examiner for a public hearing. The Hearing Examiner is authorized by the Auburn City Council
pursuant to RCW 36.70B.200 to review and decide on amendments to the Development
Agreement. The Hearing Examiner shall only review the requested modification and shall rely
on applicable regulations and standards identified through this Agreement for his or her decision-
making. For purposes of this Agreement only, a modification to the Development Agreement
shall be those actions that are deemed by the Planning and Development Director or City
Engineer, as appropriate, to be major modifications including, but not limited to, the following:
(a) A proposed change in land use;
(b) Cumulative exceedance of the vehicle trip volumes or changes to trip distribution
patterns estimated for the project by the Northeast Auburn/Robertson Properties Special
Planning Area Draft and Final EIS and addendums, supplements or modifications to the
EIS documents.
(c) A proposed change to any of the development criteria applicable to the Project as set
out in this Agreement, except for minor deviations that are consistent with the current
City regulations in effect at the time of this Agreement or subsequent vesting period;
(d) Change in density or intensity of use;
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(e) Change in “physical” environmental impact (going from no impact to some impact);
and
(f) Substantive changes to utility capacity, service demand, or design.
D. Changes to the term, the parties to the Agreement or the vesting periods in the Agreement,
must be approved by the City Council.
12. Recording; Assignment. The Agreement shall be recorded with the Real Property
Records Division of the King County Records and Elections Department. The Agreement shall
bind and inure to the benefit of the parties and their successors in interest. Developer may only
assign this Agreement with the City’s written consent. Upon assignment and assumption of all
obligations under the Agreement by the assignee, Developer shall be released from all
Agreement obligations that occur after the effective date of the assignment.
13. Dispute Resolution.
In the event of a dispute regarding the interpretation of this Agreement, where there is
not already a procedure provided for in the Agreement, staff from each party will attempt to
resolve the dispute. If the Parties cannot resolve the dispute, either Party may request mediation.
The Parties will agree on a mediator. If Parties cannot agree on a mediator within 10 days of
either party requesting mediation, each Party will choose a mediator, and the two mediators will
choose a third to mediate the dispute. If mediation fails, this matter shall be heard in the Superior
Court of King County, Washington.
14. Default.
(a) Subject to extensions of time by mutual consent in writing, failure or delay by either
party to perform any term or provision of this Agreement shall constitute a default. In the
event of alleged default or breach of any terms or conditions of this Agreement, the Party
alleging such default or breach shall give the other Party not less than thirty (30) days
notice in writing, specifying the nature of the alleged default and the manner in which
said default may be cured. During this thirty (30) day period, the Party charged shall not
be considered in default for purposes of termination or institution of legal proceedings.
(b) After notice and expiration of the thirty (30) day period, if such default has not been
cured or is not being diligently cured in the manner set forth in the notice, the other Party
may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the
City may decide to file an action to enforce the City’s Codes, and to obtain penalties and
costs as provided in the Auburn City Code for violations of this Development Agreement
and the Code.
15. Termination. This Agreement shall expire and/or terminate as provided below:
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(a) This Agreement shall expire and be of no further force and effect if the Developer
does not construct the Project as contemplated by the permits and approvals identified in
this Agreement, or submits applications for development of the Property that are
inconsistent with such permits and approvals.
(b) This Agreement shall terminate upon the expiration of the term identified herein or
when the Subject Property has been fully developed, which ever first occurs, and all of
the Developer’s obligations in connection therewith are satisfied as determined by the
City. Upon termination of this Agreement, the City shall record a notice of such
termination. This Agreement shall automatically terminate and be of no further force and
effect as to any building and the lot or parcel upon which such building is located, when
it has been approved by the City for occupancy.
16. Effect upon Termination on Developer Obligations. Termination of this Agreement as
to the Developer of the Subject Property or any portion thereof shall not affect any of the
Developer’s obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicable zoning code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreement to continue after the termination of this Agreement or obligations to
pay assessments, liens, fees or taxes.
17. Effects upon Termination on City. Upon any termination of this Agreement as to the
Developer of the Subject Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement shall no
longer be vested hereby with respect to the property affected by such termination (provided that
vesting of such entitlements, conditions or fees may then be established for such property
pursuant to then existing planning and zoning laws). Notwithstanding termination of the
Agreement before the end of the 15-year term of the Agreement, the City shall not initiate or
approve any amendments to the land use and zoning requirements of the C4, Mixed Use
Commercial Zoning District as adopted in Ordinance No. 6183 until the end of the 15th year after
the effective date of the Agreement without Developer’s concurrence.
18. Reserved.
19. Administration of Agreement. This Agreement shall be administered by the authorized
representative of the Developer, and by the Mayor of the City, or designee, on behalf of the City.
Any written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
CITY OF AUBURN:
Mayor
City of Auburn
25 West Main
Auburn, WA 98001-4998
(253) 931-3000
DEVELOPER:
John Manavian, Auburn Properties Inc.
c/o Robertson Properties Group
120 N. Robertson Blvd.
Los Angeles, CA 90048
Telephone No.: (310) 855-8484
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(253) 931-3053 – fax Telecopier No.: (310) 642-8538
20. Notices. All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if delivered in person
or deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested and by regular mail and addressed, if to a party of this Agreement, to the
address for the party set forth above, or if to a person not a party to this Agreement, to the
address designated by a party to this Agreement in the foregoing manner. Any party may change
his, her or its address by giving notice in writing, stating his, her or its new address, to any other
party, all pursuant to the procedure set forth in this section of the Agreement.
21. Parties in Interest. This Agreement shall be binding upon, and the benefits and
obligations provided for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit
of the parties hereto and it does not create a contractual relationship with or exist for the benefit
of any third party, including contractors, sub-contractors and their sureties.
22. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce
any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney’s fees.
22. Applicable Law. This Agreement and the rights of the parties hereunder shall be
governed by the interpreted in accordance with the laws of the State of Washington and venue
for any action hereunder shall be in King County, Washington; provided, however, that it is
agreed and understood that any applicable statute of limitation shall commence no later than the
last day of the fifteen (15) year term of the Agreement, or the date of termination, whichever is
earliest.
23. Nondiscrimination. Neither the City nor Developer shall discriminate on the basis of
any protected class as defined by any state, federal, or local ordinance, including but not limited
to, race, color, national origin, disability, age, or sex in the performance of this Agreement.
24. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or
sections of this Agreement are inserted for convenience of reference only and shall not constitute
a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections
to which they apply. Terms not specifically defined in this Agreement shall have the same
definition as in the applicable section of the Auburn City Code. As used herein, where
appropriate, the singular shall include the plural and vice versa and masculine, feminine and
neuter expressions shall be interchangeable. Interpretation or construction of this Agreement
shall not be affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
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25. Severable Provisions. Each provision of this Agreement is intended to be severable. If
any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
26. Entire Agreement. This Agreement contains the entire understanding of the parties
hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
27. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other party
.
28. Post-execution actions: The Parties agree that, after execution of this Agreement, they
will work cooperatively to resolve issues relating to infrastructure funding, the construction of I
Street NE, seeking an agreement with the City of Kent to allow for a traffic signal at I Street NE
and S 277th Street, any applicable zoning changes, and allocation of flood storage capacity.
Agreed this _____ day of _____________________________, 2010.
CITY OF AUBURN
Peter Lewis, Mayor
DEVELOPER
By
Title:
ATTEST:
Danielle Daskam, Auburn City Clerk
DEVELOPER
By
Title:
Approved as to form:
Daniel B. Heid, Auburn City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
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I certify that I know or have satisfactory evidence that Peter Lewis is the person who appeared
before me, and said person acknowledged that said person signed this instrument, on oath stated
that said person was authorized to execute the instrument, and acknowledged it as the Mayor of
the City of Auburn to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated this _____ day of __________________________, 20_____.
___________________________________
Print Name: _________________________
Notary public in and for the State of
Washington, residing at: _______________
My appointment expires: _______________
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ______________________________ and
___________________ are the persons who appeared before me, and said persons acknowledged
that they signed this instrument, on oath stated that they were authorized to execute the
instrument, and acknowledged it as the ___________________ of Developer, a corporation, to
be the free and voluntary act of such corporation for the uses and purposes mentioned in the
instrument.
Dated this _____ day of __________________________, 20_____.
___________________________________
Print Name: _________________________
Notary public in and for the State of
Washington, residing at: _______________
My appointment expires: _______________
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ______________________________ and
___________________ are the persons who appeared before me, and said persons acknowledged
that they signed this instrument, on oath stated that they were authorized to execute the
instrument, and acknowledged it as the ___________________ of Developer, a corporation, to
be the free and voluntary act of such corporation for the uses and purposes mentioned in the
instrument.
Dated this _____ day of __________________________, 20_____.
___________________________________
Print Name: _________________________
Notary public in and for the State of
Washington, residing at: _______________
My appointment expires: _______________
PH.3
Attachment 1
ATTACHMENT 1 - LEGAL DESCRIPTION OF SUBJECT PROPERTY
PH.3
Attachment 2
ATTACHMENT 2 – AUBURN GATEWAY PROJECT SITE PLAN
The Project Site Plan is incorporated into the Agreement, and is attached. Below is a brief
description of the Project. The Project is more fully described in the SEPA Final Environmental
Impact Statement (Attachment 3) and supplements and addenda, etc. on file with the City.
PH.3
Attachment 3
ATTACHMENT 3 - CITY OF AUBURN’S ENVIRONMENTAL REVIEW
DRAFT AND FINAL NORTHEAST AUBURN/ROBERTSON PROPERTIES
ENVIRONMENTAL IMPACT STATEMENTS ) AND SUPPLEMENTS AND ADDENDA,
ETC.
1. Draft Environmental Impact Statement Northeast Auburn Robertson Properties Special
Area Plan, City of Auburn, 2004
2. Final Environmental Impact Statement Northeast Auburn Robertson Properties Special
Area Plan, City of Auburn, 2004
3. Addendum Final Environmental Impact Statement Northeast Auburn Robertson
Properties Special Area Plan, City of Auburn, 2004 – clarification of wetland-related text, page 9
4. Addendum to Final Environmental Impact Statement Northeast Auburn Robertson
Properties Special Area Plan, City of Auburn, 2011 – evaluates 11 acres added to the project,
identification of project phasing, changes in surrounding development, changes in regulations
(Due to the considerable size of the EIS-related documents, hard copies of the documents have
not been reproduced for all packets distributed for the meeting. Electronic copies of the
documents are available in the electronic distribution and hard copies are available on request
from the City of Auburn, Planning and Community Development Department at One East Main
Street, Auburn WA 98001, 253-804-5033.)
PH.3
Attachment 4
ATTACHMENT 4 – AUBURN GATEWAY
ARCHITECTURAL AND SITE DESIGN STANDARDS DOCUMENT
PH.3
Attachment 5
ATTACHMENT 5 – DEVELOPMENT REGULATIONS
ACC Title 12, (Streets, Sidewalks and Public Works) Except Chapters 12.04 (Public Works
Construction) and 12.64A (Required Public Improvements), and excluding any provision in Title
12 requiring payment of permit fees and assessments and excluding provisions setting forth
permit procedures.
ACC Title 16 (Environmental Review, Shoreline Development Permits and Critical Areas
Regulations) Except any provisions related to requiring payment of fees and permit procedures.
ACC Title 17 (Land Adjustments and Divisions) Except any provisions related to requiring
payment of fees and permit procedures.
ACC Title 18 (Zoning) Except any provisions related to requiring payment of fees and permit
procedures.
The Development Regulations attached as Attachment 5 are not in a form suitable for recording.
Copies of the Development Regulations Attachment 5 have been provided to Auburn Properties
Inc. and the City of Auburn with this Agreement and at the time of this Agreement. Any person
wanting copies of this Attachment 5 may obtain such copies by contacting the City Clerk, at the
City of Auburn City Clerk’s Office 25 West Main Street, Auburn, WA, 98001, (253) 931-3090,
or Auburn Properties Inc., Attn: John Manavian c/o Robertson Properties Group, 120 N.
Robertson Blvd., Los Angeles, CA 90048, Telephone No.: (310) 855-8484 or Telecopier No.:
(310) 642-8538
PH.3
Attachment “1”
LEGAL DESCRIPTIONS:
PARCEL A:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM;
THENCE SOUTH 1°53'45" WEST 898.20 FEET TO THE SOUTH LINE OF SOUTH 280TH STREET AS
ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 5869551 AND THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 1°53'45" WEST 859.86 FEET;
THENCE SOUTH 56°01'19" WEST 203.43 FEET;
THENCE NORTH 89°17'18" WEST 485.03 FEET;
THENCE NORTH 1°53'45" EAST 285.8 FEET;
THENCE NORTH 89°47'15" WEST 350.00 FEET;
THENCE NORTH 1°53'45" EAST 166.01 FEET TO A POINT WHICH IS 1,000 FEET WEST OF, AS MEASURED AT
RIGHT ANGLES TO, THE EAST LINE OF SAID DONATION LAND CLAIM;
THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD, 86TH AVENUE SOUTH,
AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 761006 AND
761007;
THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF THAT PORTION OF
49TH STREET NORTHEAST, AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF' AUBURN,
ALSO RECORDED UNDER RECORDING NUMBER 7301120384;
THENCE SOUTH 89°08'15" EAST, 1,005.22 FEET;
THENCE SOUTH 1°53'45" WEST 10 FEET;
THENCE SOUTH 89°08'15" EAST TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38; THENCE NORTH
88°55' WEST 420.15 FEET;
THENCE SOUTH 1°53'45" WEST 1,229.725 FEET;
THENCE NORTH 87°24'27" WEST 579.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 87°24'27" WEST 42.4 FEET;
THENCE SOUTH 1°53'45" WEST 117.60 FEET;
THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD, 86TH AVENUE SOUTH,
AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 761007;
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF THAT PORTION
OF 49TH STREET NORTHEAST AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF AUBURN
AND ALSO RECORDED UNDER RECORDING NUMBER 7301120384;
THENCE SOUTH 89°08'15" EAST ALONG THE NORTHERLY LINE OF SAID VACATED PORTION OF 49TH
STREET NORTHEAST TO A POINT NORTH 1°53'45" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH 1°53'45" WEST TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST (86TH AVENUE SOUTH) AS
VACATED BY ORDINANCE NUMBER 2626, RECORDED UNDER RECORDING NUMBER 7301120385, AS
WOULD ATTACH BY OPERATION OF LAW;
TOGETHER WITH THOSE PORTIONS OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREET)
ADJOINING AS VACATED BY AUBURN ORDINANCES 2627, 3594, & 3614, RECORDED UNDER RECORDING
NUMBERS 7301120384, 8102090641 & 8104220744, RESPECTIVELY, AS WOULD ATTACH BY OPERATION OF
LAW;
(ALSO KNOWN AS PORTIONS OF TRACTS 34, 35, 36, 37, 38 AND 39, TOGETHER WITH VACATED STREETS
ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED
PLAT THEREOF).
PH.3
PARCEL B:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,'
DESIGNATED .AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM, A DISTANCE OF 420.15 FEET
WEST OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 839.74 FEET TO THE NORTH MARGIN OF SOUTH 280TH STREET, AS ESTABLISHED BY
DEEDS TO KING COUNTY, RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551;
THENCE WEST ALONG SAID NORTH MARGIN 259.26 FEET;
THENCE NORTH 840.74 FEET TO A POINT ON THE NORTH LINE OF SAID DONATION CLAIM A DISTANCE OF
259.24 FEET WEST OF THE POINT OF BEGINNING;
THENCE EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING;
EXCEPT THE EAST 30 FEET; AND
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST); AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NUMBER 7103110262;
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREET)
ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641, AS WOULD ATTACH BY OPERATION OF LAW;
(ALSO KNOWN AS A PORTION OF TRACT 42, TOGETHER WITH VACATED STREETS ADJOINING, WHITE
RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL C:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTH LINE OF SAID DONATION CLAIM, AT A POINT 679.39 FEET WEST OF THE
NORTHEAST CORNER THEREOF;
THENCE SOUTH 89°10'30" WEST ALONG SAID NORTH LINE 258.94 FEET;
THENCE SOUTH 0°49'30" WEST 841.71 FEET TO THE NORTH MARGIN OF SOUTH 280TH STREET, AS
ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551, SAID POINT BEING SOUTH 88°56'30" WEST 938.52 FEET FROM THE EAST LINE OF SAID DONATION
CLAIM;
THENCE NORTH 88°56'30" EAST ALONG SAID NORTH MARGIN 258.95 FEET;
THENCE NORTH 840.70 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST);
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREET)
ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641, AS WOULD ATTACH BY OPERATION OF LAW;
(ALSO KNOWN AS TRACT 43, TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY
HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL D:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
PH.3
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM, WHICH POINT IS 938.33 FEET
SOUTH 89°10'30" WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM; THENCE SOUTH
89°10'30" WEST ALONG THE NORTH LINE OF SAID DONATION CLAIM 258.64 FEET;
THENCE SOUTH 0°49'30" WEST 842.68 FEET TO A POINT ON THE NORTH LINE OF THE COUNTY ROAD, AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551, WHICH POINT IS 1,197.18 FEET SOUTH 88°56'30" WEST OF THE EAST LINE OF SAID DONATION
CLAIM;
THENCE NORTH 88°56'30" EAST ALONG THE NORTH LINE OF SAID COUNTY ROAD 258.66 FEET; THENCE
NORTH 0°49'30" EAST 841.71 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST);
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREET)
ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641, AS WOULD ATTACH BY OPERATION OF LAW;
(ALSO KNOWN AS TRACT 44, TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY
HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL E:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTHERLY LINE OF SAID DONATION LAND CLAIM, AT A POINT WHICH IS SOUTH
89°10'30" WEST 1,196.97 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89°10'30" WEST ALONG SAID NORTHERLY LINE 258.34 FEET;
THENCE SOUTH 1°03'30" WEST 843.64 FEET TO THE NORTHERLY LINE OF COUNTY ROAD, AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND.
5869551, AT A POINT WHICH IS SOUTH 88°56'30" WEST 1,455.53 FEET FROM THE EAST LINE OF SAID
DONATION LAND CLAIM;
THENCE NORTH 88°56'30" EAST 258.35 FEET;
THENCE NORTH 0°49'30" EAST 842.68 FEET TO THE POINT OF BEGINNING;
EXCEPT THE WESTERLY 30 FEET THEREOF FOR COUNTY ROAD; AND
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST); AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NUMBER 7103110262;
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREET)
ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641, AS WOULD ATTACH BY OPERATION OF LAW;
(ALSO KNOWN AS A PORTION OF TRACT 45, TOGETHER WITH VACATED STREET ADJOINING, WHITE
RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL F:
THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.;
THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET;
THENCE SOUTH 839.74 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 280TH STREET AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551, AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID COX D.L.C.; THENCE EAST ALONG
SAID NORTH LINE 209.94 FEET;
THENCE NORTH 839.0 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH
414.56 FEET THEREOF; AND
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST);
PH.3
(ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,
ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL G:
THAT PORTION OF THE W.A. COX D.L.C. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE. NORTHEAST CORNER OF SAID W.A. COX D.L.C.;
THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET;
THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 280TH STREET AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551, AT A POINT 210.37 FEET WEST OF THE EAST LINE OF SAID D.L.C.;
THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO THE EAST LINE OF SAID D.L.C.; THENCE
NORTHERLY ALONG SAID EAST LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH
414.56 FEET THEREOF; AND
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST);
(ALSO KNOWN AS A PORTION OF TRACTS 40 AND 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,
ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL H:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO. 38, BEING A PORTION OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38; THENCE NORTH 88°55'
WEST 420.15 FEET;
THENCE SOUTH 1°53'45" WEST 1,229.725 FEET;
THENCE NORTH 87°24'27" WEST 622.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
1°53'45" WEST 117.60 FEET;
THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD (86TH AVENUE
SOUTH), AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 761007;
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO A POINT FROM WHICH THE TRUE POINT OF
BEGINNING BEARS SOUTH 87°24'27" EAST;
THENCE SOUTH 87°24'27" EAST TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST (86TH AVENUE SOUTH)
ADJOINING, WHICH UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW;
(ALSO KNOWN AS A NORTHWESTERLY PORTION OF TRACT 36, TOGETHER WITH VACATED STREET
ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED
PLAT THEREOF).
PARCEL I:
A TRACT OF LAND IN THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT AN INTERSECTION IN THE CURVE OF THE EASTERLY MARGIN OF THE KENT-AUBURN
ROAD, AS ACQUIRED BY KING COUNTY IN SUPERIOR COURT CAUSE NO. 85322, ALSO KNOWN AS ROAD
#76, AND THE NORTHEASTERLY MARGIN OF AUBURN WAY NORTH; THENCE SOUTH 35°14'08" EAST
ALONG THE EASTERLY MARGIN OF AUBURN WAY NORTH 65.00 FEET TO THE POINT OF BEGINNING OF
SAID TRACT OF LAND;
THENCE CONTINUING SOUTH 35°14'08" EAST 248.49 FEET;
THENCE NORTH 49°55'00" EAST 126.88 FEET;
THENCE NORTH 34°44'00" WEST 146.85 FEET;
PH.3
THENCE NORTH 89°47'15" WEST 156.77 FEET TO THE POINT OF BEGINNING;
(ALSO KNOWN AS A PORTION OF TRACTS 34 AND 35, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,
ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL J:
PARCEL 1, CITY OF AUBURN SHORT PLAT NUMBER SP-29-79, RECORDED UNDER RECORDING NUMBER
7912120806, SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE W.A. COX DONATION LAND
CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING
COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST ADJOINING, AS WOULD ATTACH
BY OPERATION OF LAW;
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER PARCEL 2 OF SAID SHORT
PLAT, AS ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 7909281042.
PARCEL K:
THAT PORTION OF PARCEL 2, CITY OF AUBURN SHORT PLAT NUMBER SP-29-79, RECORDED UNDER
RECORDING NUMBER 7912120806, LYING WEST OF THE SOUTHERLY PRODUCTION OF THE EAST LINE OF
PARCEL 1 OF SAID SHORT PLAT;
ALSO
THE WEST 427.03 FEET OF THAT PORTION OF PARCEL 2 OF SAID SHORT PLAT LYING EAST OF THE
SOUTHERLY PRODUCTION OF THE EAST LINE PARCEL 1 OF SAID SHORT PLAT;
SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE W.A. COX DONATION LAND CLAIM NO. 38,
IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON.
PARCEL L:
THE SOUTH 200 FEET OF THE EAST 110 FEET OF THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38
AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY HOME TRACTS; THENCE SOUTH
ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A
POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF
DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEGINNING;
EXCEPT STATE ROAD NO. 5;
AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST.
PARCEL M:
THAT PORTION OF THE W.A. COX DONATION LAND CLAIM NOS. 38 AND 43, IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON;
THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE
EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO
NORTH LINE OF DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEGINNING;
PH.3
EXCEPT STATE ROAD NO. 5;
AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF;
AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST;
AND EXCEPT ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT OF LAND LYING
SOUTHWESTERLY OF A LINE DRAWN 15.2 FEET RADIALLY FROM A POINT 52 FEET NORTHEASTERLY OF
STATION 122 + 63 OF AUBURN WAY NORTH AND EXTENDING FROM THE NORTH LINE OF 49TH STREET
NORTHEAST TO A POINT OPPOSITE STATION 122 + 72 (AND AS CONVEYED TO THE CITY OF AUBURN BY
DEED RECORDED UNDER RECORDING NUMBER 7911271078, RECORDS OF KING COUNTY, WASHINGTON):
THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38 AND 43, IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON;
THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE
EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO
NORTH LINE OF DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEGINNING;
SITUATE IN KING COUNTY, WASHINGTON.
PARCEL N:
THAT PORTION OF THE EAST HALF OF THE W.A. COX DONATION LAND CLAIM IN SECTION 31, TOWNSHIP
22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM;
THENCE SOUTH 843.64 FEET; THENCE WEST 258.06 FEET; THENCE NORTH 844.6 FEET; THENCE EAST
258.95 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED TRACT OF LAND, A DISTANCE 312
FEET NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE SOUTH ALONG SAID EAST LINE 312 FEET;
THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESCRIBED TRACT 258.06 FEET; THENCE
NORTH ALONG THE WEST LINE OF SAID TRACT 312 FEET TO A POINT WEST OF THE POINT OF
BEGINNING;
THENCE EAST TO THE POINT OF BEGINNING;
ALSO EXCEPT THE EAST 30 FEET CONDEMNED FOR ROAD PURPOSES IN KING COUNTY SUPERIOR
COURT CAUSE NO. 85322;
ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO
DAVE HILL AND BRIDGET HILL, HUSBAND AND WIFE, BY DEED RECORDED IN VOLUME 469 OF DEEDS,
PAGE 605, RECORDS OF KING COUNTY;
ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST);
(BEING KNOWN AS A PORTION OF TRACT 46, WHITE RIVER VALLEY HOME TRACTS NO. 2, ACCORDING TO
THE UNRECORDED PLAT THEREOF).
PARCEL O:
THAT PORTION OF LOT 32, WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 13 OF PLATS AT PAGE 17, IN KING COUNTY, WASHINGTON, LYING
NORTHEASTERLY OF PRIMARY STATE HIGHWAY NO. 5;
PH.3
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 18,
1964 UNDER RECORDING NO. 5775470.
PH.3
PH.3
PH.3
PH.3
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PH.3
Memorandum
TO: City Council members
FROM: Jeff Dixon, Principal Planner
CC: Pete Lewis, Mayor
Kevin Snyder, AICP, Director-Planning and Development Department
Dennis Selle, P.E., City Engineer
Steven Gross, Assistant City Attorney
DATE: October 20, 2011
SUBJECT: Written record of council committee discussions for City Council’s Quasi-
Judicial Role related to the Auburn Properties Inc., (a.k.a. Robertson
Properties Group) Development Agreement
An August 4, 2011 Legal Department memo was provided to council members on the city
council’s role in quasi-judicial decision making on development agreements. Since this time,
the proposed draft development agreement between Auburn Properties Inc., (a.k.a., Robertson
Properties Group) and the City has been discussed at council committee meetings.
Because of the quasi-judicial nature of the decision on development agreements, the city’s legal
department advised at these meetings that any questions by the council members that are not
part of the recorded record of the public meeting need to be submitted in writing so that the staff
can capture the written question and provide a response that is available to all council members
to establish a written record prior to the council’s decision as part of the required public hearing
process for the development agreement. A public hearing is required to be held prior to
approving a development agreement.
Similarly, the context of the discussion at the council committee meetings needs to be available
to all council members to establish a written record prior to the council’s decision on the
development agreement.
For this purpose, the following is a summary of the discussion that occurred at:
• The October 3, 2011 Public Works Committee meeting.
• The October 10, 2011 Planning and Community Development Committee meeting (The
discussion of the October 10, 2011 Municipal Services Committee was restated by staff
at the PCDC meeting)
PH.3
2
October 3, 2011 Public Works Committee Meeting -
Auburn Gateway Project – Draft Development Agreement - Resolution No. 4756
Principal Planner Dixon asked Assistant City Attorney Gross to make some introductory
comments prior to addressing the Committee’s questions.
Assistant City Attorney Gross reminded the Committee that the request for approval of the
Development Agreement (DA) is a quasi-judicial action under former Auburn City Code ACC
14.21, which has been repealed and instructed the Committee that if they have specific
questions outside of an open public meeting, in order to preserve the record, they need to
supply their questions in writing and staff will supply their answers in writing and that will all
become part of the record, as with other quasi-judicial actions.
Planning Director Snyder added that any questions posed at the Public Works Committee
meeting staff will answer and the answers will be provided to all of the Council members to
ensure the entire Council receives the same information.
Chairman Wagner asked when the DA will go to the City Council for approval. Principal
Planner Dixon answered that staff is asking at the October 3rd Council Meeting, that the
Council set the Public Hearing for October 17, 2011 and action would be anticipated at a
subsequent meeting.
Assistant City Attorney Gross stated that the Committee with be discussing the DA as well
and the Planned Action Ordinance (PAO) and the PAO is a regular legislative Council
function and not quasi-judicial.
Principal Planner Dixon and Assistant City Attorney Gross reviewed the Development
Agreement Criteria with the Committee. Gross reminded the Committee that under ACC
14.21, Council does not need to find that the developer meets all of the criteria in order to
approve the DA, the Council needs to evaluate if any of the criteria are met.
Principal Planner Dixon informed the Committee that there is also, as part of the package for
the DA, a set of architectural and site design standards that the applicant has developed in
conjunction with the City. Pursuant to the design standards, the applicant is agreeing to be
bound to provide level of building design and site configuration for the project that is above
the City standards.
Chairman Wagner asked if staff has emphasized the importance of provision of open space
in the project design. Principal Planner Dixon responded there are sections of the design
standards that are oriented to establishing criteria f or provision of open space. Dixon cited
pages 181-182 of the Public Works Committee Agenda Packet; which are pages of the
design standards.
Chairman Wagner asked if there was a traffic circulation plan required for the development.
Dixon stated that the traffic circulation plan is one of the mitigation measures identified in the
EIS and applied to the project as part of the PAO. Principal Planner Dixon referenced
pages 217-218 of 233, in the agenda packet for where this requirement is found. Dixon
explained that there is a Master Access and Onsite Circulation Plan. Dixon said that
because the developer did not have a specific site plan for the proposal, the EIS and
PH.3
3
mitigation measures identify a subsequent process for the developer to submit a traffic
circulation plan for their project.
Director Dowdy pointed out that on page 22 of 41 of the Auburn Gateway Architectural and
Site Design Standards, the internal street circulation design standards are included.
Principal Planner answered questions asked by Chairman Wagner regarding review of the
development standards for C4, Mixed Use Commercial Zoning and their relationship to
vesting periods defined in the DA. It was answered that the development agreement
provides for the C4 standards to be vested for the 15-year period. Health and life safety
items from other codes would not be vested. Federal and state mandates would also not be
vested.
Principal Planner Dixon responded to questions asked by Vice-Chair Peloza regarding the
height limits which are found in the zoning code. It was answered that the C4 standards
provide a 45-foot height limit that can be exceeded on a one to one basis for additional
setback beyond the required setbacks of the zoning district
Dixon answered questions asked by Chairman Wagner regarding the permitting of each
individual building. It was answered that the PAO sets forth a process at subsequent
permitting for submittal of an environmental checklist application along with the specific
application and review by staff for conformance with the PAO criteria.
Principal Planner Dixon explained that the developer did not want to be subject to different
Right-of-Way dedication widths, so the DA will lock in the amount of dedication necessary
for the Right-of-Way but the technical standards related to the construction themselves may
change, in response to a question asked by Chairman Wagner about the “footprint design.”
Principal Planner Dixon and Planning Director Snyder responded to questions asked by
Chairman Wagner regarding the potential cost of flood storage compensation proposed to
be made available to the developer after securing rights from the Port of Seattle. Chairman
Wagner asked for more specific language that clarifies the “consideration” or cost to the City
and/or the developer for provision of flood storage capacity.
Planning Director Snyder and Assistant City Attorney Gross answered a question asked by
Chairman Wagner regarding the role of the Hearing Examiner related to amendments of the
development agreement. It was answered that the DA provides for major amendments to
be decided by the Hearing Examiner similar to other quasi-judicial decisions delegated to
the Hearing Examiner.
The Committee and staff reviewed the Project Site Plan – Attachment 2 and discussed
possible needed traffic improvements and related costs and responsibility of cost. The
concern was for the number of intersections that would need a traffic signalization in the
future. Staff offered to draft language to address. The DA recognizes that there is a funding
“gap”. Asst PW Director Selle noted that the mitigation measures identify road and
intersection improvements associated with each phase of the project.
Planning Director Snyder and Principal Planner Dixon addressed questions asked by
Chairman Wagner regarding the City’s commitment level to reprioritizing the work on I Street
NE in the city’s Capital Facilities Plan and Transportation Improvement program. Chairman
Wagner asked for different language to be used in the DA regarding how far I Street NE will
be moved up on the priority list. “Pursue” was changed to “consider”.
PH.3
4
Chairman Wagner stated that he is in favor of the project.
Principal Planner Dixon spoke about the excerpts of the relevant Comprehensive plan
policies and the narrative of the historical context of the Northeast Auburn Special Areas
Plan which is part of the Comprehensive Plan in response to a question asked by Vice-Chair
Peloza, page 142.
October 3, 2011 Public Works Committee Meeting -
Auburn Gateway Project – Draft Planned Action Ordinance No. No. 6382
Principal Planner Dixon stated that the ordinance is an instrument under SEPA that allows a
developer to have an expedited environmental review process as part of their permitting
through the City. The ordinance would add a new chapter in the zoning code that deals with
planned actions and defines what constitutes a planned action. The ordinance also brings
forward the mitigation measures from the EIS documents and applies them to the project.
The Committee and staff discussed some of the language used in the ordinance. Within the
PAO, Page 196, Item F, Public involvement, the public involvement steps were discussed.
Staff described the public meeting process that occurred. The notice of the upcoming
hearing related to the DA was also discussed. The Committee and staff discussed past and
future public review of the project.
Vice Chair Peloza pointed out that page 219 lists traffic improvements.
The Committee reviewed the phases for street improvements, outlined in the PAO. The
mitigation measures do not assign financial responsibility.
Assistant City Attorney Gross verified the changes in language requested by Chairman
Wagner in the DA. He sought clarification if the existing language satisfied his previous
concern.
Principal Planner Dixon pointed out that on page 99 of 233 in the agenda packet
reads, “While a number of transportation utility improvements in and around the
proposed project are needed to be made concurrent with the initial construction of
the project, the parties agree that the infrastructure construction may be done in
multiple increments.” Chairman Wagner stated that the statement satisfied his
concerns regarding the responsibility and cost of the transportation improvements
and no changes to the language were needed in the DA.
October 10, 2011 Planning and Community Development Committee Meeting -
Auburn Gateway Project – Draft Development Agreement - Resolution No. 4756
Planning & Development Director Kevin Snyder informed Committee Council’s
consideration of the development agreement for Auburn Gateway proposed by
Robertson Properties Group is a quasi-judicial action conducted in a open and
transparent manner subject to the appearance of fairness doctrine. If there are
any conflict of interest or any ex parte communication (conversations outside the
normal public arena between members of City Council and interested parties
including the applicant) those need to be divulged prior to any decision making.
Any decisions must be based on specific criteria specified by Auburn City Code
PH.3
5
14.21.010.B.
Assistant City Attorney Steven Gross provided options Committee may want to
consider for making a future decision. He noted that staff can help craft the
Findings of Fact and Conclusions of Law for the packet for full Council based on
tonight’s presentation or wait until the public hearing that is set for October 17,
2011 to have this conversation with the entire City Council. Vice-Chair Backus and Member
Partridge stated they have no concerns in having a public discussion.
Principal Planner Jeff Dixon provided the staff report. Mr. Dixon stated staff is
asking for Committee action in the form of forwarding a recommendation on
Resolution No. 4756 to full City Council. The development agreement is
scheduled for Public Hearing on October 17, 2011. Mr. Dixon pointed out new
documentation within the packet. Mr. Dixon described the history of Council
committees’ discussion of the draft development agreement. He advised that a
summary of the Public Works Committee’s October 3, 2011 discussion is included in this
meeting packet.
Mr. Dixon also explained that the development agreement and planned action
ordinance were discussed at the October 10, 2011 Municipal Services
Committee. He indicated that there was not time to provide a written record from
this meeting that occurred earlier in the day. Mr. Dixon therefore described key
questions and answers from staff that were discussed at the Municipal Services
Committee meeting.
Vice-Chair Backus requested staff to discuss the highlights or importance of the
materials in the packet and Committee will ask any relevant questions in
response. Committee and staff discussed funding gaps to
Transportation/Utility/Infrastructure Improvements. Director Snyder stated the City
recognizes there will likely be a funding gap between the ultimate cost of these
improvements and what RPG is legally responsible to contribute. RPG has a certain
responsibility and this has been pointed out; the City will need to work
together with developer in the future to address these funding gap issues and that there is
no obligation or commitment of funding in the development agreement.
Director Snyder pointed out to Committee the negotiations for any funding gaps
will be factually based on the environmental review documents and traffic analysis provided
for this project.
Principal Planner Dixon noted that an important point is the proposed changes by
the Public Works committee. He provided a one-page handout that highlighted the two
changes requested by the Public Works Committee from their discussion held on October 3,
2011.
Principal Planner Dixon stated in the interest of Council having full information, on the
record, a decision should be made on whether to share the information on the nature of
changes and content of discussion at Public Works Committee held
October 3, 2011.
Director Snyder stated the Committee can review the criteria for approval of the
development agreement contained in the meeting packet and provide its thoughts and ideas
about compliance to all or a portion of these criteria. Director Snyder noted and Assistant
City Attorney Gross confirmed that the Council is not required to find that all of the criteria
PH.3
6
have been met in order to approve the development agreement. Principal Planner Dixon
noted that staff has provided a summary of public benefits and compliance to the criteria
beginning on page 50 of 192.
It was discussed that the Committee can determine if they agree with the written
comments provided by staff as provided in the packet and if Committee concurs
the comments can be used to draft the Findings of Fact. Any additional thoughts,
ideas, comments or language can be added to those statements to formulate the
Findings if the Committee agrees.
Vice-Chair Backus asked staff if there is any areas staff has responded to, in
reference to the four decision-making criteria, that staff has concerns with or
needs to be highlighted? Planning & Development Director Snyder responded that there are
no areas of concern.
Director Snyder stated the DA is structured to ensure and protect any current or
future City Council from an obligation to expend any City funds until a policy
conversation takes place and the City Council approves a funding allocation.
Vice-Chair Backus confirmed these will all continue to be City projects unless the
developer voluntarily agrees to construct. Staff concurred and Director Snyder
pointed out it would not mean the developer could not make a business decision
to complete certain improvements of their own volition and seek a payback
agreement as currently allowed for in City code.
Vice-Chair Backus and Member Partridge requested staff prepare the draft
Findings of Fact and Conclusions of Law if recommended f or approval to the full City
Council.
Motion Carried Unanimously. 2-0.
October 10, 2011 Planning and Community Development Committee Meeting -
Auburn Gateway Project – Draft Planned Action Ordinance No. 6382
Principal Planner Dixon provided the staff briefing on Ordinance No. 6382.
Ordinance No 6382 establishes a new section in the zoning code for the Auburn
Gateway project and sets up the review and administration processes for
subsequent permits and applications submitted to the City.
Mr. Dixon noted that a key advantage of the planned action ordinance for the
applicant is the removal of the need to go through additional environmental review
if future development applications are found to comply with the planned action
ordinance.
Mr. Dixon presented a staff proposed modification to the draft Ordinance; Director
Snyder stated any motion to approve should include this recommendation by staff
if the Committee is inclined to accept the amendment.
Principal Planner Dixon stated that the amendment would add an additional chart
under the Transportation Section of ACC 18.08.040. Vice-Chair Backus asked
Member Partridge if he had any questions. Member Partridge stated he had no
questions or any issues with any of the documents submitted.
PH.3
7
Director Snyder stated staff will be presenting the Draft Development Agreement,
Resolution No. 4756, to full City Council Monday October 17, 2011 to conduct the
appropriate public hearing. Resolution No. 4756 and Ordinance No 6382 will then
be brought before full City Council for consideration, likely at the City
Council’s November 7, 2011 regular meeting.
Director Snyder explained the Planning Commission will subsequently be working
through changes to the North Auburn Special Area Plan and be developing
recommendations that staff will bring to Council as part of the 2011 Annual
Comprehensive Plan updates. Director Snyder stated that it is expected the
recommendations will be brought before Council for their meeting the first week in
December, 2011.
Councilmember Partridge moved and Councilmember
Backus seconded to Approve Ordinance No. 6382 – Auburn Gateway Project –
Draft Planned Ordinance inclusive of the staff proposed amendment.
Motion Carried Unanimously. 2-0.
PH.3
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 24, 2011 Minutes
Date:
November 1, 2011
Department:
Police
Attachments:
Minutes October 20, 2011
Minutes October 24, 2011
Budget Impact:
$0
Administrative Recommendation:
For info only
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:November 7, 2011 Item Number:MS.0
AUBURN * MORE THAN YOU IMAGINEDMS.0
Municipal Services Committee
October 20, 2011 - 10:00 AM
City Hall Conference Room 3
MINUTES
Special Meeting-DRAFT
I. CALL TO ORDER
A. Roll Call
Chair Peloza called the meeting to order at 10:00 a.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, Member John Partridge. Staff present: Chief of Police Bob Lee, Assistant Chief of
Police Bill Pierson, Police Commander David Colglazier and Police Secretary/Scribe Kathy
Emmert.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
There were no items on the Consent Agenda.
III. DISCUSSION ITEMS
A. Fireworks (Lee)
Committee to review City fireworks policy, citizen noise concerns and
recommend solutions.
Chair Peloza began by reviewing all the material in the packet, as well as, the additional
information regarding how other communities in the area handle the sale of fireworks. The Chair
explained the goal is to create a better quality of life for the residents surrounding the fireworks
sale and discharge areas.
The Committee discussed the possibility of requesting a reduction in discharge hours recognizing
the City cannot mandate any changes on the reservation. The Committee does wish to create a
cooperative working relationship and are open to discussions in conjunction with the Muckleshoot
Fireworks Commissioner.
It is not the intent of the Committee to regulate other than applicable laws the sale of fireworks, but
rather address the noise element generated by the discharge of fireworks on reservation property.
The Committee agreed that discussion items for the 11/14 meeting would include a review of the
City's noise ordinance (ACC 8.28) and the fireworks ordinance (ACC 8.24).
Page 1 of 2
MS.0
IV. ADJOURNMENT
The meeting adjourned at 11:05 a.m.
The next regular meeting of the Committee is Monday, October 24, 2011.
Signed this ______ day of November, 2011.
_____________________________________ _____________________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
Page 2 of 2
MS.0
Municipal Services Committee
October 24, 2011 - 3:00 PM
City Hall Conference Room 3
MINUTES
DRAFT
I. CALL TO ORDER
A. Executive Session
An Executive Session was called at 3 p.m. before any business of the Committee was discussed.
The purpose of the Executive Session was the discussion of potential litigation with legal counsel
(RCW 42.30.110(1)(i). Present for the discussion were Chair Peloza, Member Partridge, Mayor
Lewis, Assistant City Attorney Steve Gross, and Planning Director Kevin Snyder.
B. Roll Call
Chair Peloza called the meeting to order at 3:12 p.m. following the Executive Session. The
meeting was held in Conference Room 3 on the second floor of City Hall, 25 West Main Street,
Auburn WA. Members present: Chair Bill Peloza, Member John Partridge. Members absent
(excused): Vice Chair Sue Singer . Staff present: Mayor Pete Lewis, Chief of Police Bob Lee,
Assistant Chief of Police Bob Karnofski, Public Works Director Dennis Dowdy, Finance Director
Shelley Coleman, HR/Risk Management Director Brenda Heineman, Parks & Recreation Director
Daryl Faber, Museum Director Patricia Cosgrove, Project Engineer Leah Dunsdon and Police
Secretary/Scribe Kathy Emmert. Others present: Councilmember Virginia Haugen, citizen Wayne
Osborne, and Auburn Reporter representative Robert Whale.
C. Announcements
There were no announcements.
D. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Municipal Services Minutes October 10, 2011
B. Public Works Contract No. 11-21 (Dowdy)
Award Small Works Contract No. 11-21, to SkyCorp, Ltd. on their low bid of
$75,698.00 plus Washington State sales tax of $7,191.31 for a total contract
price of $82,889.31 for Project No. MS1110, Jacobsen Tree Farm and
Fields Residential Buildings Demolition Project
Member Partridge moved to accept the Minutes as presented and to forward Public Works
Contract No. 11-21 to the full Council for approval. Chair Peloza concurred.
MOTION CARRIED: 2-0
Page 1 of 3
MS.0
III. DISCUSSION ITEMS
A. Resolution 4757 (Faber)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute the Museum Services
Agreement between the City of Auburn and the White River Valley
Historical Society
Director Faber explained this is the third ten-year extension and carries this successful working
relationship between the City and the White River Valley Historical Society to 2021. It was noted
additional signatories should be added to the agreement. The Committee supports the Resolution.
B. Animal Control & Licensing Quarterly Update (Snyder)
Director Heineman updated the Committee indicating that as of September 30 the City had
collected $133,000.00 in license fees which trends to the projected $206,000.00 for the year as
anticipated. King County is not aggressively selling licenses on the City's behalf since they know
the City will be ending it's participation in the King County Animal Control in 2013. With the hiring
of a promotions/marketing person for the City who will have responsibility for the canvassers for
licensing, it is fully anticipated the City will reach it's target of $240,000.00 annually for licensing
fees. Director Heineman is developing a time line for the overall project in conjunction with the
Auburn Valley Humane Society (AVHS) and will be meeting with their Board to integrate their
timeline into the City's allowing all participants an opportunity to know exactly who is responsible
for what and when.
C. Auburn Manor Mobile Home Park (Coleman)
Director Coleman presented the Committee with an update on the concerns the City has with this
residential parks water usage and possible leaks. A copy of the letter to the park manager was
provided as well, requesting the basis for the sub-billing to the park's residents.
D. Golf Course Working Capital Review (Coleman)
Directors Faber and Coleman presented the update outlining the excellent month September
represented for revenue. Director Faber indicated September 2010 generated $147,000.00 in
revenue. September 2011 generated $169,000.00, a $22,000.00 increase. The projected budget
is $172,000.00 for the same period. While this continues to close the gap, there will still be a
shortfall at year end. Copper Falls had an excellent month due to several large golf tournaments
utilizing the banquet/catering facilities. The national consultant has visited the course and the draft
report is anticipated in early November with the final report which will be presented to the
Committee in early December.
There was a discussion related to gift certificates which will be researched and the results provided
to the Committee.
The new signage was discussed and it was recommended that another color be utilized since it is
difficult to read. Director Faber indicated this change should not be difficult or expensive and he
will address the concerns.
E. Ordinance No. 6379 (Coleman)
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MS.0
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, Ordinance No.
6362, Ordinance No. 6370 and Ordinance No. 6378, authorizing
amendment to the City of Auburn 2011-2012 Budget as set forth in
Schedule "A"
Director Coleman provided the Committee with the background and detail for the budget
adjustments recommended for the 2011 fiscal year. Committee members were provided with
information in response to their queries. It was pointed out that the budget is a plan and that while
there are budget lines for many items and projects, if there are no funds available the funds are not
spent. It was also mentioned that it is sometimes difficult to keep a global view of the budget when
specific items are highlighted for discussion purposes.
F. Red Light Photo Enforcement Quarterly Update (Lee)
The quarterly report was presented by Assistant Police Chief Karnofski. Statistical data continues
to confirm that photo enforcement is working. Because it is working, the City has not received
revenue to utilize toward traffic calming measures. The recent addition of a school camera in
Lakeland Hills resulted in reduced issues even before it was activated.
Member Partridge commented on the improvement of the signage at the intersections with
cameras. It is much more in line with what is in other communities.
G. Matrix
The matrix is amended as follows:
Item 24P - Fireworks Update - The status is amended to read the MSC held a special meeting on
October 20, 2011. MSC will review the noise and fireworks City Code at the November 14, 2011
meeting.
IV. ADJOURNMENT
The meeting adjourned at 4:50 p.m.
The next Municipal Services meeting is on Monday, November 14, 2011 at 3 p.m.
Signed this _____ day of November 2011.
_________________________________ _________________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
Page 3 of 3
MS.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 24, 2011 Draft Minutes
Date:
November 1, 2011
Department:
Planning and Development
Attachments:
October 24, 2011 Draft PCDC Minutes
Budget Impact:
$0
Administrative Recommendation:
For Information Only
Background Summary:
Reviewed by Council Committees:
Councilmember:Norman Staff:
Meeting Date:November 7, 2011 Item Number:PCD.0
AUBURN * MORE THAN YOU IMAGINEDPCD.0
Planning and Community
Development
October 24, 2011 - 5:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Norman called the meeting to order at 5:30 p.m. in Conference Room No.
2, located on the second floor of One Main Street Building, One East Main
Street, Auburn, WA.
A. Roll Call
Chair Norman, Vice-Chair Backus and Member Partridge were present. Also
present were Mayor Pete Lewis, Planning & Development Director Kevin Snyder,
Planning Manager Elizabeth Chamberlain, Assistant City Attorney Doug Ruth,
Risk Manager Rob Roscoe, Planning Intern Gary Yao, Finance Director Shelley
Coleman, Community Services Manager Hichael Hursh, Economic Development
Manager Dough Lein, Engineering Aide Amber Mund, Museum Director Patricia
Cosgrove, Auburn Economic Development Manager Doug Lein, City Engineer
Dennis Selle, Parks, Arts & Recreation Director Daryl Faber, and Planning and
Community Development Secretary Tina Kriss.
Members of the Public in attendance included: Wayne Osborne; Mike Horner of
Jones Lang LaSalle; Spencer Alpert, Phil Olbrechts, Hearing Examer; and Robert
Whale of the Auburn Reporter.
B. Announcements
1. Hearing Examiner Annual Report (Snyder)
Hearing Examiner Phil Olbrechts provided an update on issues of common
concern on various development matters. Mr. Olbrechts informed Committee
the Public Works design standards state the Public Works Director makes a
final decision to grant deviations but City Code states the Hearing Examiner
makes the determination for subdivisions, a conflict that needs to be
addressed.
Mr. Olbrechts stated if the City is looking to continue streamlining their
development process, they may want to look into requiring short plats to
have up to nine (9) lots. Currently other jurisdictions have up to 9 and the
City provides only four (4). Committee requested a brief summary of this
update from Hearing Examiner.
C. Agenda Modifications
A. Change of Order
Page 1 of 6
PCD.0
Discussion Item IV. E. Community Services Update will be moved under
action item III. B.
B. Executive Session
At 5:36 p.m., Chair Norman recessed the meeting to executive session for
approximately ten (10) minutes. Committee, Mayor Lewis, Assistant City Attorney
Doug Ruth, and Planning and Development Director Kevin Snyder were present.
At 5:48 p.m. the meeting was reconvened by Chair Norman.
II. CONSENT AGENDA
A. Minutes - October 10, 2011 (Snyder)
Councilmember Backus moved and Councilmember
Partridge seconded to Approve
Motion Carried Unanimously. 3-0.
III. ACTION
A. Resolution No. 4763 - 2011 Annual Action Plan Amendment (Hursh)
Community Services Manager Michael Hursh provided the staff report. The
preparation of an annual action plan is required by the U.S. Department of
Housing and Urban Development (HUD) to receive federal fund for Community
Development Block grant (CDBG) program. The City of Auburn anticipates
approx. $60,000 of unused CDBG funds will be available for projects. Proposed
projects include construction of Terry Home II ($50K) and rehabilitation of a City-
owned transitional house ($10K). This change requires an
amendment. Committee and Community Services Manager Michael Hursh
discussed the various funds, amendments, and how they would be used.
Councilmember Backus moved and Councilmember Partridge seconded to
forward Resolution No. 4763 – 2011 Annual Action Plan Amendment to full City
Council for review and approval.
Motion Carried Unanimously. 3-0
B. Resolution No. 4764 - 2012 Annual Action Plan (Hursh)
Community Services Manager Michael Hursh provided a briefing on the
2012 Annual Action Plan. The plan outlines proposed expenditures to
implement the City's efforts related to its CDBG projects. 2012 CDBG
funding is expected to be approximately $400,000. Committee and staff
discussed future fund availability and potential allocations for spending.
Councilmember Backus moved and Councilmember Partridge seconded to
forward Resolution No. Resolution No. 4764 – 2012 Annual Action Plan to
full City Council for review and approval.
Page 2 of 6
PCD.0
Motion Passed Unanimously. 3-0
C. Resolution No. 4757 - Museum Services Contract (Faber)
Parks, Arts, and Recreational Manager Daryl Faber provided the staff report for
the Museum Services Contract. The City of Auburn and the White River Valley
Historical Society have been in partnership since 1992 managing the White River
Valley Museum under contract, expiring November 27, 2011. Staff’s
recommendation is to extend this contract for an additional ten years to 2021 and
to add language to include the management of Mary Olson Farm.
Councilmember Backus moved and Councilmember Partridge seconded to
forward Resolution No. Resolution No. 4757 – Museum Services Contract to full
City Council for review and approval.
Motion Passed Unanimously. 3-0
D. Resolution No. 4765 - Memorandum of Agreement and Option to Purchase
Real Property with Ceradimm, LLC (Snyder)
Planning & Community Development Director Kevin Snyder provided the staff
report on Resolution No. 4765. The Auburn City Council previously entered into a
Master Development Agreement with Alpert International LLLP for development of
properties belonging to the City and assistance in development proposals for
other neighboring properties in the downtown area. City staff has jointly identified
the need to clarify roles and responsibilities currently assigned to Alpert
International, LLLP in the Master Development Agreement; the more appropriate
agreement instrument to do so would be a Memorandum of Agreement and
associated Option to Purchase Real Property. The approval of Resolution No.
4765 would replace and supersede the Master Development Agreement currently
in effect as of the Council's passage of Resolution No. 4663. In addition, Alpert
International LLLP has recently combined its operations with Ceradimm, LLC so
the execution of the Memorandum of Agreement and/or Option to Purchase Real
Property would occur with Ceradimm, LLC of which Spencer Alpert is a member.
Planning Director Snyder provided a handout to Committee with changes to page
125 of 233, detailing the of negotiations. Committee and staff reviewed the
changes.
Councilmember Backus moved and Councilmember Partridge seconded to
forward Resolution No. Resolution No. 4765 – Memorandum of Agreement and
Option to Purchase Real Property with Ceradimm, LLC with the revised language
on page 125 of 233 to full City Council for consideration.
Motion Passed Unanimously. 3-0
E. Resolution No. 4766 - Exclusive Agency Listing Agreement with Jones Lang
LaSalle (Snyder)
Planning & Development Director Kevin Snyder provided the background
Page 3 of 6
PCD.0
information on Resolution No. 4766. The City of Auburn owns certain real property
in the area of Auburn commonly referred to as Downtown Auburn and desires to
see these properties developed with commercial and/or residential land uses in
conformance with previously adopted design standards and guidelines.
City staff believes that the City is in need of professional real estate brokerage
services to assist the City in marketing and negotiations for lease or sale of these
City owned properties for commercial and/or residential land uses. City staff has
identified Jones Lang LaSalle as the recommended provider of professional real
estate services for the City. Director Snyder stated this agreement is for City
owned property only and the agreement will commence upon City Council
approval of Resolution No. 4766
Committee asked if the City could use property for municipal use; Director Snyder
answered “yes”, under the Exclusive Agency Lease Listing Agreement, page 137
of 233, 6. (d) the City would voluntarily remove the property from the listing
agreement and notify Jones Lang La Salle.
Councilmember Backus moved and Councilmember Partridge seconded to
forward Resolution No. Resolution No. 4765 – Memorandum of Agreement and
Option to Purchase Real Property with Ceradimm, LLC with the revised language
on page 125 of 233 to full City Council for consideration.
Motion Passed Unanimously. 3-0
IV. DISCUSSION ITEMS
A. Agreement to Exchange Real Property - Green River Community College
(Heineman)
Parks, Arts, and Recreation Director Daryl Faber and Risk Manager Rob Roscoe
provided the staff report on the Agreement to Exchange Real Property with Green
River Community College. The property declares certain City property as surplus,
and authorizes the Mayor and City Clerk to execute and agreement between the
City of Auburn and the State of Washington for an exchange of property for joint
use and maintenance of property and the College’s contribution of $1.5 million
toward athletic improvements that the City will have constructed on the Martin
property in the course of relocating Lea Hill Park to that site. Director Faber
provided a handout showing the Lea Hill Park post construction. Committee and
staff discussed the terms of the agreement, and City’s responsibility under the
contract.
Committee was supportive with the City moving forward with the agreement.
B. Ordinance No. 6379 (Coleman)
Finance Director Shelley Coleman provided the staff report for Ordinance No.
6379. Under State law, cities operating under a biennial budget are required to
adopt a midterm budget ordinance to amend second year appropriations for
Page 4 of 6
PCD.0
changes incurred during the first half of the biennium. Ordinance No. 6379
amends the 2012 Adopted Budget (of the 2011-2012 biennium).
Committee discussed several budget of the adjustments. Committee determined
the Community Center and City Hall remodel items are merely place holders with
no commitment to spend money at this time; Committee is supportive of
Ordinance No. 6379.
C. Downtown Parking Managment Study* (Chamberlain/Yao)
Planning Manager Elizabeth Chamberlain and Planning Intern Gary Yao
presented this staff report. As part of the work on the Comprehensive
Downtown Parking Management Plan staff has completed the On-Street
and Off-Street Parking Supply and Demand Analysis; a deliverable of Task
1: Supply/Demand Analysis. Planning Intern Yao provided a PowerPoint
presentation to review the draft Downtown Urban Center (DUC) On-Street
and Off-Street Parking Supply and Demand Analysis. Committee
highlighted the following items in response to the analysis:
1. Spillover effects: No physical barriers prevent parking in the DUC while
working at or patronizing establishments beyond its boundaries (and vise
versa). In collecting data after the Auburn Good Ol’ Day’s event of 2011, no
increase or spillover parking effects were observed.
2. With the noticeable exception of off-street long-term parking for Auburn
Regional Medical Center (ARMC) and Sound Transit, supply of parking is
not a problem for DUC Blocks. In combination with physical and
psychological factors, those highly occupied blocks and those around them
exude an impression of unavailable short-term parking. Within the
framework of available data, validity of such impressions necessitates
verification via surveys of relevant stakeholders.
3. Signage would be helpful in educating the public on available parking.
D. Resolution No. 4755 (Mund)
Terry Home, Inc has applied to the City for vacation of the right-of-way of 8th
Street NE, west of A Street NE shown on Exhibit "B". The applicant currently owns
two parcels immediately south of the right-of-way and is proposing to incorporate
the right-of-way into their development plans for these parcels. The application
has been reviewed by City staff and utility purveyors who have an interest in this
right-of-way. Resolution No. 4755, if adopted by City Council, sets the date of the
public hearing for December 5, 2011. Committee was supportive of Resolution
No. 4755.
E. Community Services Update (Hursh)
Community Services Manager Michael Hursh provided an update on the
Community Services Division work efforts and future planning. Community
Page 5 of 6
PCD.0
Services continues to extend staffs efforts to coordinate and meet the growing
needs of the community. Committee requested a summary report from
Community Services Manager Michael Hursh.
F. Cluster Subdivision (Snyder)
Planning & Development Director Snyder opened discussion on Cluster
Subdivisions. Director Snyder confirmed the Lea Hill or West Hill areas are likely
to be one the few places cluster subdivisions would work. Committee is supportive
of having Cluster Subdivisions as a tool (rather than making it prescriptive), with
language to provide for flexibility.
G. Director's Report (Snyder)
Committee and staff reviewed various projects within the City.
H. PCDC Status Matrix (Snyder)
Chair Norman requested Committee contact staff for any questions or comments.
V. ADJOURNMENT
There being no further business to come before the Planning and Community
Development Committee, Chair Norman adjourned the meeting at 8:15 p.m.
APPROVED THIS ________ DAY OF ______________.
___________________________________
Lynn Norman, Chair
____________________________________
Tina Kriss, Planning and Development
Secretary
Page 6 of 6
PCD.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 17, 2011 Minutes
Date:
November 2, 2011
Department:
Public Works
Attachments:
October 17, 2011 Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the October 17, 2011 Public Works
Committee Meeting.
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:November 7, 2011 Item Number:PW.0
AUBURN * MORE THAN YOU IMAGINEDPW.0
Public Works Committee
October 17, 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, 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, Government Relations Manager Carolyn
Robertson, Project Engineer Jacob Sweeting, City Attorney Dan Heid,
Finance Director Shelley Coleman, Financial Planning Manager Martin
Chaw, Water Quality Program Coordinator Chris Thorn, Street Systems
Engineer Seth Wickstrom, and Public Works Secretary Jennifer Rigsby.
Members of the public in attendance included: Brian Winslow from the
Boeing Company, Jennifer Wynkoop from Landau Associates, Brad
Jurkovich from Fisher Jurkovich Public Affairs LLC, and Largo Wales.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes (Dowdy)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve the Public Works Committee Meeting
minutes for date, October 3, 2011.
Motion Carried Unanimously. 3-0.
B. Right-of-Way Use Permit No. 09-45 (Mund)
Page 1 of 11
PW.0
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve Amendment No. 2 to Right-of-Way Use
Permit No. 09-45 for the Boeing Company.
Engineering Aide Mund reported that the Boeing Company has applied for
an amendment to their current Right-of-Way Use Permit to add eleven
additional monitoring wells in the Right-of-Way.
Chairman Wagner asked why some of the monitoring wells are deeper than
others. Engineering Aide Mund answered the depth of the well is related to
the levels of the aquifers.
Chairman Wagner asked if the wells shown on the vicinity map at the end of
Western Street will interfere with the parking area for the Birding
Tower. Mund confirmed that the wells are not located in the parking area,
but rather in the grass area.
Assistant Director/City Engineer Selle stated that the wells are to monitor for
pollutants and to determine levels of pollutants, if they are present, in
response to a question asked by Member Haugen.
Motion Carried Unanimously. 3-0.
C. Agreement for Consulting Services (Robertson)
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council Award the
agreement for consulting services with Fisher Jurkovich Public Affairs LLC.
Government Relations Manager Robertson introduced Brad Jurkovich,
representing Fisher Jurkovich Public Affairs LLC, to the Committee.
Robertson reviewed the consultant’s scope of work. The consultant will be
providing information and educational materials in support of the Chamber
of Commerce’s proposed ballot measure for 2012.
Chairman Wagner asked for some background information regarding the
consultant’s work history with the City. Mr. Jurkovich stated that his
company began working with the City in 2004 when they worked on the
Save Our Streets Program. Fisher Jurkovich Public Affairs LLC also worked
on the Annexation Program and the creation of the Valley Regional Fire
Authority.
Mayor Lewis stated that the Chamber is sponsoring the initiative and they
will be looking for support for a street utility bond based on the work of the
business lead Arterial Streets Task Force, in response to a question asked
by Chairman Wagner. Mayor Lewis pointed out that the Arterial Streets
Task Force was comprised of representative from local businesses and the
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school district as well as City residents. Mayor Lewis stated that the
consultant will be able to supply information to the Chamber, in the correct
format, so that the initiative will move forward correctly.
Chairman Wagner stated that he was in favor of using a consultant but that
he felt the sponsoring group for the initiative should not be limited to the
Chamber of Commerce, but should also include the school district, the
residents, and the other stakeholders which would be identified as the City,
and not a specific business interest group. Mayor Lewis responded that the
background summary for the agenda bill will be updated to better reflect
what is taking place and suggested including the statement, “…the Citizen
lead Arterial Streets Task Force…” to more accurately identify the initiative’s
stakeholders.
Vice-Chair Peloza verified that the consultant will work with City staff and
the Chamber to complete the proposed scope of work with Mr. Jurkovich.
Member Haugen voiced her concerns regarding the possibility of the
Chamber of Commerce becoming more involved with City issues.
The Committee confirmed with the consultant that all of the stakeholders
will be represented.
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 Award Contract No.
11-20 to Northeast Electric LLC for Project No. CP1116, Downtown
Pedestrian Lighting Replacement.
Chairman Wagner asked if the banners on the current lighting can be
placed on the new lighting poles. Project Engineer Vondrak confirmed that
the banners can be used on the new poles.
Finance Director Coleman provided background information on the Local
Revitalization Funding at the requests of Vice-Chair Peloza.
Member Haugen spoke about her concerns installing new lighting
Downtown when there are neighborhoods in the City that are in need of
street lighting. Chairman Wagner pointed out that the Revitalization Fund
monies must be used within the Downtown and cannot be used for
neighborhood lighting elsewhere.
Motion Carried Unanimously. 3-0.
E. Public Works Project No. CP0701 (Vondrak)
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Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council Approve Final Pay
Estimate No. 6 to Contract No. 10-04 and accept construction of Project No.
CP0701, 8th Street NE and R Street NE Signal.
Vice-Chair Peloza stated that the signal is working well, in spite of the
Committee’s past concerns.
Motion Carried Unanimously. 3-0.
F. Public Works Project No. C201A (Sweeting)
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council Approve Final Pay
Estimate No. 2 to Contract No. 11-17 and accept construction of Project No.
C201A, Residential Building Demolition.
Project Engineer Sweeting reported that overall the project came in under
budget.
Assistant Director/City Engineer Selle stated that the demolition of the
building at Cedar Lane Park was similar to the work being done on M Street
SE, but that the work was funded through a different source, in response to
a question asked by Vice-Chair Peloza. Combining both demolition projects
into one contract was cost effective.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4758 (Sweeting)
A Resolution of the City of Auburn, Washington, Authorizing the Mayor to
Execute a Highways and Local Programs State Funding Agreement
Between the City of Auburn (The City) and the Washington State
Department of Transportation (The State) Relating to Project No. C201A, M
Street SE Underpass
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council adopt Resolution
No. 4758.
There were no questions from the Committee.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Resolution No. 4760 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
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authorizing the Mayor to take all necessary and appropriate steps to
formalize a Sister City relationship between the City of Auburn and Tamba,
Japan
Mayor Lewis explained that the Japanese government combined the City of
Auburn’s previous Sister City with five other cities to form one large city,
Tamba and a Sister City agreement needed to now be ratified with Tamba,
in response to a question asked by Member Haugen.
B. Resolution No. 4761 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to take all necessary and appropriate steps to
formalize a Sister City relationship between the City of Auburn and City of
Pyeongchang, Republic of Korea
Mayor Lewis explained that Pyeonchang is hosting the 2018 Winter
Olympics and the City of Auburn’s website will be linked with their site.
Mayor Lewis spoke about the different levels of government officials that he
has had the opportunity to meet with through the City’s Sister City
relationships.
C. Resolution No. 4759 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington,
Declaring Certain Items of Property as Surplus and Authorizing their
Disposal
Vice-Chair Peloza confirmed with Assistant Director/City Engineer Selle that
the vehicle being disposed of is a police vehicle.
D. Auburn Hills Sewer Adjustment (Coleman)
Finance Director Coleman provided background information regarding the
appeal to the Committee. Coleman explained that Auburn Hills is a mobile
home park that has older infrastructure and has had an extensive leak
history. Coleman stated that a leak adjustment was requested in 2009 but it
did not appear that the leak had been repaired and no adjustment was
granted. In early 2011, City staff contacted the mobile home park and was
able to shut the water off and verify that repairs had been made. The
adjustment that was granted in 2011 was for the leak in 2009. Auburn Hills
is now requesting a sewer adjustment from September 2007 through June
2010. Coleman stated that under the existing policy the adjustment
requested cannot be applied.
The Committee and staff reviewed the utility billing policy. Vice-Chair
Peloza asked if the policy was referred to in the letter from the City to the
customer. Finance Director Coleman stated that it was included.
Finance Director Coleman responded to questions asked by Member
Haugen regarding the timeline of when the leak was noticed by the
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customer and when repairs were made. Coleman answered questions
asked by Member Haugen regarding the location of the mobile home park.
Chairman Wagner stated that he was not in favor of going back through two
years of utility billing and making adjustments, but felt that maybe going
back only two billing cycles was inadequate.
Vice-Chair Peloza pointed out that for two years the mobile home park
would not allow the City to verify that the leak had been repaired.
The Committee and Mayor Lewis discussed whether or not a change in
policy needed to be made prior to allowing for the leak adjustment or if the
Committee would just make an exception to the current policy in this
particular case.
Finance Director Coleman reviewed the history of the utility billing policy,
following a question asked by Chairman Wagner. Coleman stated that the
intent of the policy is to encourage customers to make leak repairs as soon
as possible. Chairman Wagner stated that he is in favor of the “two billing
cycle policy” for water leak adjustments, but suggested that the Committee
reconsider the policy for sewer bill adjustments
Mayor Lewis spoke about the costs to the City that are incurred for leaks
into the sewer system and/or water leaks into the ground. The Committee
discussed whether or not costs are incurred when the water leaks into the
ground and not the sewer system.
Chairman Wagner suggested a change in policy for the adjustments to
sewer utility billing. Member Haugen spoke in favor of lengthening the time
period for adjustments to sewer accounts.
Finance Director Coleman reviewed how the adjustment to the account was
calculated, following questions asked by Vice-Chair Peloza.
Vice-Chair Peloza stated that he is in favor of going back four billing cycles
for sewer adjustments. Vice-Chair Peloza asked that the City make a point
to inform the customer that the problem with their adjustment may have
been resolved sooner if they had given the City the opportunity to shut-off
their water to verify that the repairs to their system had been made.
The Committee and Finance Director Coleman discussed which billing
cycles should be used to calculate the adjustment, going back four billing
cycles.
Chairman Wagner asked that changes be made to the policy to go back
four billing cycles for sewer adjustments. Mayor Lewis stated that the
change can be made administratively.
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E. Ordinance No. 6379 (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, Ordinance No.
6362, Ordinance No. 6370 and Ordinance No. 6378 Authorizing
Amendment to the City of Auburn 2011-2012 Budget as Set Forth in
Schedule "A"
Finance Director Coleman stated that this is the first reading of the midterm
corrections to the budget. Coleman explained that the City is bringing
forward beginning fund balances where staff has estimated the 2011 ending
fund balance. Coleman said that the water utility sales are being adjusted
downward and other increases in general fund revenues for 2011 are being
recognized.
Finance Director Coleman mentioned that the increases in the employer
pension rates for 2011 are also being recognized in the 2012 budget.
Finance Director Coleman answered questions asked by Vice-Chair Peloza
regarding the move of the Police Guild medical plan from AWC Plan A to
AWC Preferred Provider Option.
Chairman Wagner asked for additional information regarding the Capital
Project changes for So. 277-AWN to Green River Bridge, 8th Street NE – U
Turn Improvements, and Lea Hill Pedestrian Improvements be provided at
the upcoming budget workshop.
F. Utility Financial Condition (Coleman)
The Committee and staff reviewed a PowerPoint presentation of a
projection of the current conditions of the City’s utility finances and the utility
rate study. Finance Director Coleman stated that there has been a
contraction of solid waste utility revenues due to a contraction of
business. Coleman stated that this is also occurring to a degree in the water
utility, as well as we experienced wetter weather over the last two years and
the loss of the purchase of water by the Covington Water District. Coleman
stated that the system growth is not at levels that it had been when the rate
study was conducted.
Finance Director Coleman explained that the City had been wholesaling
water to Covington Water District as well as Water District #111 but when
Pipeline 5 was completed, Covington no longer needed wholesale water, in
response to a question asked by Vice-Chair Peloza.
The Committee and staff discussed the operational cost of entering into
wholesale water agreements.
Finance Director Coleman responded to questions asked by Chairman
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Wagner regarding the Water Utility Financial Forecast 2011-2017 graph and
the affect of the Build America Bonds debt service on the existing debt
service, as show on the graph.
Financial Planner Martin Chaw stated that the Committee decided to fund
depreciation starting in 2012, in response to a question asked by Chairman
Wagner. Chairman Wagner asked for staff and the Committee to reconsider
implementing the funding of depreciation. Vice-Chair Peloza stated that he
would like to weigh the pros and cons of funding depreciation before making
a decision.
Chairman Wagner requested an additional rate study prior to increasing
utility rates.
The Committee and Mayor Lewis discussed funding depreciation and
operational costs of the system. Chairman Wagner suggested also
reviewing the current cost of system operations.
Mayor Lewis suggested the Committee review the pros and cons of funding
depreciation at the next Committee meeting, November 7th and the current
cost of system operations at the November 21st meeting.
The Committee and staff reviewed the Storm Utility Financial Forecast
2011-2017 graph and Sanitary Sewer Utility Financial Forecast 2011-2017
graph.
Finance Director Coleman spoke about the importance of debt service
coverage.
G. 2012 SOS Streets (Wickstrom)
Street Systems Engineer Wickstrom distributed a vicinity map of the
proposed streets.
Chairman Wagner asked how the streets to be rebuilt were selected. Street
Systems Engineer Wickstrom stated that staff determined which streets
were in the worst condition and included them in the 2012 SOS Project.
Assistant Director/City Engineer Selle stated that H Street SE is included in
the 2011 SOS project, in response to a question asked by Vice-Chair
Peloza.
Assistant Director/City Engineer Selle explained that staff reviewed the
rebuild candidates and based on staff’s judgment; the worst ones were
selected to be part of the project’s scope of work.
Assistant Director/City Engineer Selle spoke about the utility impacts related
to rebuilding the selected streets. Selle explained that most of the streets
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that are in need of being rebuilt are in older parts of the City and some of
the infrastructure needs to be upgraded at the same time as the rebuilds,
particularly water.
Street Systems Engineer Wickstrom distributed a memo outlining the 2012
budgeted utilities funds that may be utilized to construct utility
improvements in association with the 2012 SOS Project.
Chairman Wagner asked why the amount of money in the Water Repair and
Replacement Fund was shown as $0. Assistant Director/City Engineer Selle
answered that staff made adjustments to the budget to cut that amount
because of the state of the City’s water financing and other higher priority
capital projects that staff wants to move forward with. Chairman Wagner
asked why the Build America Bonds are not enough to cover the capital
projects. Assistant Director/City Engineer Selle answered that the Build
America Bonds were for specific projects within the program which are
being constructed and the Committee and staff need to review the Capital
Facilities Plan and rate study to get the full picture of the available funds.
Assistant Director/City Engineer Selle stated that the capital projects are
already included in the Capital Facilities Plan and approved by Council and
they are consistent with the City’s water supply strategy, in response to a
question asked by Chairman Wagner.
Street Systems Engineer Wickstrom responded to questions asked by Vice-
Chair Peloza regarding the selected streets indicated on the vicinity map.
Mayor Lewis asked the Committee to consider that street drainage is part of
the SOS Program and to also consider offering, to the residents, to form
Local Improvement Districts (LIDs) near 22nd Street SE and in the H Street
SE areas for sanitary sewer. Mayor Lewis said that one thing he would like
staff to do is just to ask the people in the neighborhood if they would like to
form a LID to put in sewers.
The Committee and staff discussed the possibility of contacting the
neighborhoods that are not hooked up to City sewer about forming LIDs.
Assistant Director/City Engineer Selle asked for the Committees’
concurrence for the proposed scope of work for the 2012 SOS Project,
recognizing the need for future discussion regarding the funding of the
water infrastructure improvements. The Committee supported the streets
staff selected.
H. Auburn Way South / M Street SE Intersection Study (Para)
Traffic Engineer Para distributed a memo and maps regarding the Auburn
Way S and M Street SE Intersection Study and an accident map for the
intersection. Para explained that the purpose of the discussion is to review
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with the Committee where staff is with the study and to obtain feedback
from the Committee.
Traffic Engineer Para discussed the improvements already completed at the
intersection to help decrease the number of accidents.
Traffic Engineer Para addressed questions asked by the Committee
regarding the left turn restrictions at the M Street SE/17th Street SE
intersection.
The Committee and Traffic Engineer Para discussed the channelization of
northbound M Street SE and left turn movements from M Street SE on to
Auburn Way S.
Member Haugen spoke about her concerns regarding the speed limits on M
Street SE south of the Auburn Way S intersection.
Traffic Engineer Para reviewed the plan for Option 1 of planned capacity
improvements from the intersection. The improvements include the addition
of a second northbound through lane on M Street from Auburn Way S to
12th Street SE, the addition of a northwest right turn pocket, and the
realignment of westbound 17th Street SE intersection. Chairman Wagner
asked what the timeline is for adding the right turn pocket. Assistant
Director/City Engineer Selle answered that it depends on available
funds. Selle explained that the goal of the discussion with the Committee is
to determine an ultimate footprint of what the Committee and staff want in
the area and then the City can look for opportunities for funding and grants
so staff can move forward.
The Committee and staff discussed the need to acquire Right-of-Way in
order to make the desired improvements to the intersection.
The Committee and staff reviewed the map outlining Option 2.
Chairman Wagner stated that he is in favor of the design outlined in Option
2, using the Right-of-Way the City currently has to create the additional right
turn lane shown on the map of Option 2 and acquiring the necessary
property that is needed to obtain the Right-of-Way to eventually complete
the remainder of the intersection improvements.
Traffic Engineer Para reviewed the map of Option 3, which eliminates the
left turn movements from Auburn Way S on to M Street SE. Assistant
Director/City Engineer Selle pointed out that restricting the turn movements
is a capacity improvement to the intersection with some safety
benefits. Mayor Lewis commented that if the left turns were to be restricted
a traffic light would be needed at the 12th Street and M Street SE
intersection. Chairman Wagner agreed.
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Traffic Engineer Para briefed the Committee on the Level of Service
Analysis tables. The consensus of Committee members was that staff
should move forward with Option #2 as funds allow.
I. 2012-2017 Transportation Improvement Program (TIP) (Hankins)
This discussion item was removed from the agenda at the request of
Chairman Wagner.
J. Capital Project Status Report (Gaub)
Item F – MS0802 – Airport Re-Roof: Vice-Chair Peloza verified that the
City’s general fund does not fund any repairs or maintenance at the airport,
in response to a question asked by Member Haugen.
V. ADJOURNMENT
There being no further business to come before the Public Works Committee,
the meeting was adjourned at 5:49 p.m.
Approved this 7th day of November, 2011.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
October 17, 2011 Minutes
Date:
November 3, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:November 7, 2011 Item Number:FN.0
AUBURN * MORE THAN YOU IMAGINEDFN.0
Finance Committee
October 17, 2011 - 6:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Vice Chair Lynn Norman called the meeting to order at 6:10 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
Vice Chair Norman and Member Rich Wagner were present. Chair Nancy Backus
was excused. Also present were: Mayor Peter B. Lewis, City Attorney Daniel B.
Heid, Finance Director Shelley Coleman, Government Relations Manager Carolyn
Robertson, Risk Manager Rob Roscoe, Parks, Arts and Recreation Director Daryl
Faber, Financial Planning Manager Martin Chaw, City Engineer Dennis Selle,
Council Candidate Largo Wales, Council Candidate Wayne Osborne, Brad
Jurkovich of Fisher Jurkovich, and City Clerk Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
The background summary included on the agenda bill for the Agreement for
Consulting Services with Fisher Jurkovich Public Affairs was revised to read:
“Fisher Jurkovich Public Affairs will be providing a comprehensive communication
and stakeholder management plan in support of the citizen led Arterial Streets
Task Force for the proposed 2012 transportation ballot measure.”
II. CONSENT AGENDA
A. October 3, 2011 Minutes
Member Wagner moved and Vice Chair Norman seconded to approve the
October 3, 2011 minutes.
MOTION CARRIED UNANIMOUSLY. 2-0.
B. Claims Vouchers (Coleman)
Claims check numbers 408053 through 408465 in the amount of
$8,336,537.28 and dated October 17, 2011.
Committee members reviewed the claims and payroll vouchers and briefly
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discussed claims vouchers 408077, 408150, 408279, 408325, 408386, 408435,
408095, 408103 and 408118.
Member Wagner moved and Vice Chair Norman seconded to approve the claims
and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 2-0.
C. Payroll Vouchers (Coleman)
Payroll check numbers 532257 to 532308 in the amount of $785,228.15
and electronic deposit transmissions in the amount of $1,183,172.53 for a
grand total of $1,968,400.68 for the pay period covering September 29,
2011 to October 12, 2011.
See claims vouchers for approval of payroll vouchers.
III. RESOLUTIONS
A. Resolution No. 4759 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain items of property as surplus and authorizing their disposal
Resolution No. 4759 declares a 2009 police vehicle as surplus; the vehicle was
totaled.
Member Wagner moved and Vice Chair Norman seconded to recommend City
Council approval and adoption of Resolution No. 4759.
MOTION CARRIED UNANIMOUSLY. 2-0.
B. Resolution No. 4760 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to take all necessary and appropriate steps to
formalize a Sister City relationship between the City of Auburn and Tamba,
Japan
Resolution No. 4760 ratifies the City's Sister City relationship with Tamba, Japan.
The City of Auburn has had a Sister City relationship with Kasugo-cho, Japan
since 1968. Recently, the City of Kasugo-cho was merged with several other
neighboring cities to form the new city of Tamba.
Member Wagner moved and Vice Chair Norman seconded to recommend Council
approval of Resolution No. 4760.
MOTION CARRIED UNANIMOUSLY. 2-0.
C. Resolution No. 4761 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to take all necessary and appropriate steps to
formalize a Sister City relationship between the City of Auburn and City of
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FN.0
Pyeongchang, Republic of Korea
Resolution No. 4761 authorizes the Mayor to negotiate and execute agreements
and documents with Sister City associations and with Pyeongchang (Republic of
Korea) to establish a Sister City relationship with the city of Pyeongchang.
Member Wagner moved and Vice Chair Norman seconded to recommend City
Council adoption of Resolution No. 4761.
MOTION CARRIED UNANIMOUSLY. 2-0.
IV. DISCUSSION ITEMS
A. Agreement for Consulting Services with Fisher Jurkovich Public Affairs
(Robertson)
City Council to approve an Agreement for Consulting Services with Fisher
Jurkovich Public Affairs, LLC.
Government Relations Manager Robertson explained that Fisher Jurkovich Public
Affairs will be providing comprehensive communication and educational materials
and a stakeholder management plan in support of the citizen led Arterial Streets
Task Force for the proposed 2012 transportation ballot measure.
B. Utility Leak Adjustment Appeal - Griffin (Coleman)
City Council to approve a leak adjustment in the amount of $350.00 for
account number 013896-000.
Finance Director Coleman explained that the leak adjustment is for a leak located
on a line serving a single dwelling unit on the same line as the primary dwelling
structure.
Per policy, the leak adjustment request was denied by staff as the policy provides
that an eligible water leak is defined to have occurred on the service line between
the City water meter and the point where the line enters the building. The leak
occurred in a secondary line between the customer's home and a detached
secondary building on their property. The customer subsequently submitted an
appeal to their leak adjustment denial to the Public Works Committee. The Public
Works Committee is recommending a $350 adjustment.
C. Ordinance No. 6379 (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, Ordinance No.
6362, Ordinance No. 6370 and Ordinance No. 6378, authorizing tot he City
of Auburn 2011-2012 Budget as set forth in Schedule "A"
Finance Director Coleman explained that under State law, cities operating under a
biennial budget are required to adopt a mid-term budget ordinance to amend
second year appropriations for changes incurred during the first half of the
biennium.
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FN.0
Ordinance No. 6379 amends the 2012 Budget (of the 2011-2012 biennium) as
follows: updates revenue for forecasted changes in estimated beginning fund and
working capital fund balances, water utility sales, and general fund property taxes
and electrical utility tax collections; recognizes spending authority granted under
previous budget amendments, requests additional items for inclusion in the 2012
budget, and amends the 2012 budget to reflect changes consistent with the
preliminary 2012-17 Capital Facilities Plan.
Additional items for inclusion in the 2012 budget include additional staffing,
increases in SCORE jail costs, City Hall remodeling costs, traffic signal LED light
replacement, employer pension rate changes, extension of the non-paid furlough
policy, and several Capital Facility Plan revisions.
In response to a question from Member Wagner, Finance Director Coleman
explained that the additional jail costs are due to 15 additional average daily
population (ADP) requested to reflect actual level of jail usage. The 2012 Budget
for SCORE assumed an ADP of 100. Mayor Lewis stated that the increase is due
to sentencing practices by the court.
Finance Director Coleman reminded that a Council budget work session will be
held November 17th beginning at 4:00 p.m.
D. Resolution No. 4758 (Dowdy)
A Resolution of the City of Auburn, Washington, authorizing the Mayor to
execute a Highways and Local Programs State Funding Agreement
between the City of Auburn (The City) and the Washington State
Department of Transportation (The State) relating to Project No. C201A, M
Street SE Underpass
City Engineer Selle explained that Resolution No. 4758 authorizes the Mayor to
execute a Highways and Local Programs State Funding Agreement with the State
to obligate Freight Mobility Strategic Investment Board (FMSIB) funds in the
amount of $6 million for construction of the M Street SE Underpass Project.
E. August 2011 Financial Report (Coleman)
Committee members reviewed the August 2011 Financial Report. Mayor Lewis
noted that the General Fund revenues at the end of August are $1.5 million higher
than budget while expenses were $3.6 million under budget. However, some of
the enterprise funds are operating at a loss. Finance Director Coleman noted that
water sales and consumption in 2011 is trending lower than prior year levels.
Despite the rate increase implemented in January, the decline in water
consumption more than offset the increase in rates. The decline in water usage
also affects the Sewer Fund.
Member Wagner inquired regarding the effect of the potential passage of Initiative
1183 on liquor excise tax revenue. Mayor Lewis stated that it is his
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FN.0
understanding that if Initiative 1183 passes, the City will receive the same level of
liquor excise tax revenue plus a percentage of the new revenue created by the
Initiative.
There was brief discussion relating to internal service funds, business license
revenues, and sales tax revenue.
F. Utility Financial Condition (Coleman)
Finance Director Coleman reviewed an update on the utility financial condition for
water, sewer and storm water. Due to an unseasonably cool year, the loss of the
Covington wholesale account, and economic and conservation efforts, the water
and sewer utilities continue to suffer operating losses. The storm water utility is
maintaining a positive performance.
Director Coleman stated that the current revenue forecast for water and sewer in
2012 and future years does not meet anticipated operating costs and debt
coverage. The decline in water usage results in overall decline in sewer flows and
utility revenue.
Director Coleman proposed updating the 2009 water, sewer and storm water
utility rate studies and review annual rate adjustments required to fully fund utility
financial obligations.
Member Wagner reported that the Public Works Committee will be looking at pros
and cons for funding depreciation.
G. Agreement to Exchange Real Property - Green River Community College
(Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain City property as surplus, and authorizing the Mayor and
City Clerk to execute agreements between the City of Auburn and the State
of Washington for an exchange of property and for joint use and
maintenance of property
Risk Manager Roscoe presented Resolution No. 4762, which authorizes an
exchange of the Lea Hill Park property with State-owned property known as the
"Martin Property". The Resolution also authorizes the City to enter in to an
Agreement with Green River Community College for joint use and maintenance of
the respective facilities.
V. ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
at 7:00 p.m.
APPROVED THE _____ DAY OF NOVEMBER, 2011.
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FN.0
_____________________________ _______________________________
Nancy Backus, Chair Danielle Daskam, City Clerk
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FN.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 25, 2011 Draft Minutes
Date:
November 2, 2011
Department:
Planning and Development
Attachments:
October 25, 2011 Downtown Committee
Meeting Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Norman Staff:
Meeting Date:November 7, 2011 Item Number:DR.0
AUBURN * MORE THAN YOU IMAGINEDDR.0
Page 1
DRAFT
DOWNTOWN REDEVELOPMENT
COMMITTEE
OCTOBER 25, 2011
MINUTES
I. CALL TO ORDER
Chair Lynn Norman called the meeting to order at 4:02 p.m. in Annex Conference Room 2,
located on the second floor of One East Main Street, Auburn, Washington. Committee
Members present were: Chair Lynn Norman and Vice Chair Nancy Backus.
Councilmember Wagner was excused.
Staff present included: Planning and Development Director Kevin Snyder, Planning
Manager Elizabeth Chamberlain, Project Engineer Ryan Vondrak, and Support Clerk Bobbie
Hodgkinson.
Audience Members present were: Mr. Paul Fuesel and Coreen Schmidt, KPG, Inc.; Ronnie
Roberts, Gosanko Chocolates; Gail Spurrell; and Kathleen Keator, TADA.
II. CONSENT AGENDA
A. Meeting Minutes – August 9, 2011
Vice Chair Backus moved and Chair Norman seconded to approve the consent agenda
items as presented.
MOTION CARRIED UNANIMOUSLY 2-0
III. DISCUSSION / INFORMATION
A. North City Hall Plaza Improvement Project – Design Alternatives
Mr. Fuesel provided the Committee and staff with copies of the Design Photo
Presentation prior to presenting design alternatives for the North City Hall Plaza
Improvement Project for the Committee’s consideration. Mr. Fuesel said that with the
success of the SE Plaza, it is more inviting and wants to take those same characteristics
to the NW corner noting that both entrances are equal in importance.
Beginning with the cover photo of the NW corner, Mr. Fuesel opened the discussion with
some of the issues that will need to be addressed and stepped the Committee through
the goals proposed for project improvements and upgrades:
• Upgrading Plaza Pavement
Mr. Fuesel indicated that images of the SE Plaza were used as a reference
particularly on the geometries, colors, and materials.
Committee and staff reviewed the Paving Concepts diagrams. Chair Norman asked
how important is it to maintain the size if matching the shape and colors of the
current pavers used. Mr. Fuesel responded that the pavers allow for different
geometries, a different pattern, and a smaller grid can be investigated. For purposes
of the presentation, pavers were kept to the same geometry as the SW Plaza so
DR.0
Downtown Redevelopment Committee Minutes October 25, 2011
Page 2
carpets on both entrances match visually. The drawing shows pavers brought out to
the back of the curb which allows for a larger grid which is the same geometry size at
the SE side.
The Committee decided on Concept B with the grid as shown and agreed that it
looks more finished with the banding.
• Updating ADA Ramp Including Railing and Lighting
Chair Norman asked whether the ADA ramp will be the same size. Mr. Fuesel
confirmed the ADA ramp is shown as the same size and depending on the
constructability, if the ramp can be preserved in kind, all the pavement can be
removed and built around. He also indicated that overall the ramp meets grade but it
does not meet grade along any of the vertical relief and landings need to be
constructed. There are structural considerations but, assuming that the wall can be
preserved, the pavement can be dropped and the new surface put in. The surface
would be complementary to the concrete in place now with a broom finish and the
railings would be the brushed stainless steel railings to match the SE side. Mr.
Fuesel also noted that the walls will be pressure washed.
The Committee agreed that the ADA ramp should be illuminated. Mr. Fuesel noted it
is difficult to install lighting on the outside and becomes problematic on the back side
because of the building structures. The likely spots would be on the inside zone of
the ramp and in the planters. Mr. Fuesel suggested they can look at matching the
current fixtures or introducing something similar.
The Committee would like the yellow ADA warning strip located at the dip in the
sidewalk to be replaced with red to match the SE side.
Mr. Fuesel stated the stairs and landings are all in great condition and there is no
need to upgrade except for replacing all of the railings on the project.
• Update City Hall Signage
Committee reviewed the signage concept diagrams based upon the SE Plaza
signature sign for City Hall. KPG performed AutoCad studies and came up with a
vertical sign with smaller letters and without the City logo that is complimentary to the
new City Hall sign at the SE Plaza. The Committee prefers an internally lit column
rather than up lighted, depending on the cost. Ms. Chamberlain indicated this can be
explored to see if it is an option. The Committee unanimously agreed on Concept B.
Mr. Fuesel noted the City Hall sign on the building was left as is since it fits well with
the SE Plaza with what is proposed.
• Review Site Furnishings
It was determined that site furnishings can be reused or removed.
Committee discussed adding a bench where the bike box is currently located or
possibly two with one on each side. Mr. Fuesel stated there should be room to add
two benches no longer than 6 feet each to accommodate two people comfortably.
Consultant proposed to move the bike box to the corner where there is an existing
mature tree. Committee would like to preserve the tree and considered other locations.
Staff will investigate moving the bike box to the vacant Directors’ parking space on the
first floor of the parking garage.
DR.0
Downtown Redevelopment Committee Minutes October 25, 2011
Page 3
Mr. Fuesel asked Committee if there is a desire to trim the canopy, otherwise, there is
nothing else proposed in terms of the existing landscaping. The canopy provides much
needed shade, and the Committee agreed to “strategic pruning” in order to preserve the
canopy as much as possible.
Director Snyder suggested screening the trash enclosure with an architectural element,
and the Committee was in agreement.
Chair Norman thanked the presenters and stated that the Committee liked what was
presented. The only other element to consider would be adding uplights in the
vegetation. Mr. Fuesel stated they can take a look at this given they are going to
illuminate the ramp.
Chair Norman asked staff what the next step is. Ms. Chamberlain responded that the
goal is to be out to bid in December in order to get started with the project after the first
of the year.
Ms. Chamberlain stated that, on another topic, staff is working with the Auburn School
District on Auburn High School and wanted the Committee to know staff was
approached about sidewalk improvements using the Downtown standards. Chair
Norman asked how it would tie in. Ms. Chamberlain responded staff would need to look
at how it transitions, but there would be a gap until the rest of downtown eventually
catches up.
B. Matrix
There was no discussion on the matrix.
IV. ADJOURNMENT
There being no further business to come before the Downtown Redevelopment Committee,
Chair Norman adjourned the meeting at 4:45 p.m.
APPROVED THIS DAY OF .
Lynn Norman, Chair Bobbie Hodgkinson, Support Clerk
DR.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 17, 2011 Council Meeting
Date:
November 1, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 7, 2011 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A
City Council Meeting
October 17, 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, Bill Peloza, Lynn Norman,
Virginia Haugen, and John Partridge. Councilmember Nancy Backus was
excused.
Department Directors and staff members present: City Attorney Daniel B. Heid,
Finance Director Shelley Coleman, Police Commander David Colglazier, Parks,
Arts and Recreation Director Daryl Faber, Planning and Development
Director Kevin Snyder, City Engineer Dennis Selle, Economic Development
Manager Doug Lein, Government Relations Manager Carolyn Robertson, and City
Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Dr Pepper Snapple Group & KaBOOM! Check Presentation
Mayor Lewis to accept a check from Dr Pepper Snapple Group and
KaBOOM! for Game Farm Park playground equipment.
Gina Mordeaux, Director of State Government Affairs for Dr Pepper Snapple
Group in Washington State, announced that Auburn Parks and Recreation is
the recipient of a Let’s Play Playful City USA Construction Grant in the
amount of $20,000. The City's application and ability to impact even more
children demonstrate the type of motivation and high potential for success
that Dr Pepper Snapple Group looks for in their grantees.
Let’s Play Construction Grants are made possible by Dr Pepper Snapple
Group as part of its Let’s Play initiative to get kids and families active
nationwide. Together, through Let’s Play, Dr Pepper Snapple Group and
KaBOOM! will build or fix up 2,000 playgrounds by the end of 2013,
benefiting an estimated five million children across North America.
Parks, Arts and Recreation Director Faber announced that the grant funds
will be used to install a new playground at Game Farm Park.
Page 1 of 9
CA.A
2. Appointment to Park and Recreation Board
City Council to confirm the appointment of David Domenowske to the
Park and Recreation Board to fill an unexpired term expiring December
31, 2013.
Deputy Mayor Singer moved and Councilmember Wagner seconded to
confirm the appointment of David Domenowske to the Park and Recreation
Board.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. Agenda Modifications
A letter of commendation for Joseph Stubblefield was postponed to a later date,
the public hearing on the Development Agreement for Auburn Properties was
postponed to a future date, and Resolution No. 4757 was removed from the
agenda. The agenda bill for the Agreement for Consulting Services with Fisher
Jurkovich Public Affairs was revised to read, "Fisher Jurkovich Public Affairs will
be providing a comprehensive communication and stakeholder management plan
in support of the citizen led Arterial Streets Task Force for the proposed 2012
transportation ballot measure.” Additionally, a revised PowerPoint for the budget
hearing was distributed prior to the meeting.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing - 2011-2012 Biennial Budget (Backus/Coleman)
City Council to conduct a public hearing 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
conduct the public hearing.)
Using a PowerPoint presentation, Finance Director Coleman reviewed the
mid-term 2011-2012 Budget review hearing calendar, 2012 property tax
levy, and property tax assessed valuation.
The 2012 preliminary property tax levy is $14,874,840 compared to
$14,595,036 in 2011. The increase in the levy consists of a one-percent levy
increase over the 2011 levy and property tax on new construction.
Approximately $12,874,840 of the levy is allocated to the General Fund and
$2 million is allocated to the Local Street Fund (Save Our Streets Program).
Director Coleman displayed a chart of the assessed valuations for the years
2009 to 2012. The City's assessed valuation in 2009 was at $8,598,918,320
and has been steadily decreasing. The preliminary assessed valuation for
2012 is $7,095,038.251.
Page 2 of 9
CA.A
Mayor Lewis opened the public hearing on the mid-biennial budget review at
7:47 p.m. No one in the audience requested to speak regarding the budget,
and the hearing was closed.
2. Public Hearing - Development Agreement with Auburn Properties, Inc.
related to the Auburn Gateway Project (Norman/Snyder)
City Council to conduct a public hearing on Development Agreement
between the City of Auburn and the Robertson Properties Group (aka
Auburn Properties) for the development of the Auburn Gateway
Project.(ACTION REQUESTED: City Council conduct the public
hearing.)
The hearing on the Development Agreement with Auburn Properties, Inc.
was postponed to a future date.
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.
Mary Farden, 2005 M Street SE, Auburn
Ms. Farden requested that the City investigate whether the barricades at the
intersection of D Street SE and 8th Street SE could be removed to allow
access to an adjacent strip mall.
Marjorie Rommell, 214 N Street NE, Auburn
Mr. Rommell spoke in favor of Ordinance No. 6383 and the establishment of a
poet laureate for Auburn.
C. Correspondence
There was no correspondence for the Council's review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met October 10, 2011.
The Committee discussed the Robertson Properties Group Auburn Gateway
Project, solid waste tipping fees, alleyway speed limits, and the Committee's
project matrix. The Municipal Services Committee will hold a special meeting
on October 20, 2011 at 10:00 a.m. at Auburn City Hall in order to discuss
fireworks. The next regular meeting of the Municipal Services Committee is
scheduled for October 24, 2011 at 3:00.
B. Planning & Community Development
Chair Norman reported the Planning and Community Development Committee
met October 10, 2011. The Committee discussed the Robertson Properties'
Auburn Gateway Project, Ordinance No. 6382 establishing a new section in the
zoning code for the Auburn Gateway Project, and the Comprehensive Downtown
Page 3 of 9
CA.A
Parking Management Plan. The next regular meeting of the Planning and
Community Development Committee is scheduled for October 24, 2011 at 5:30
p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at 3:30.
The Committee reviewed a right-of-way use permit for The Boeing Company, a
Consulting Services Agreement with Fisher Jurkovich Public Affairs, the bid award
for Project CP1116 Downtown Pedestrian Lighting Replacement, final pay
estimate for Project No. CP0701 8th Street NE and R Street NE Signal, and final
pay estimate for Project C201A Residential Building Demolition for the M Street
Underpass Project. The Committee also reviewed Resolution No. 4758
authorizing a funding agreement with the State to obligate Freight Mobility
Strategic Investment Board funds in the amount of $6 million for the M Street SE
Underpass Project. The Committee also discussed Resolution No. 4760 relating
to the City's Sister City relationship with Tamba, Japan, Resolution No. 4761
relating to the City's Sister City relationship with Pyeongchang (Republic of
Korea), Resolution No. 4759 authorizing the surplus of a damaged police vehicle,
a potential sewer bill adjustment for a mobile home park in the Lea Hill area,
financial condition of utilities (water and sewer utilities are operating at a loss), a
report on the Save Our Streets Program, a study of the Auburn Way South and M
Street SE intersection, and the capital project status report. The next regular
meeting of the Public Works Committee is scheduled for November 7, 2011 at
3:30 p.m.
D. Finance
Vice Chair Norman reported the Finance Committee met this evening at 6:00.
The Committee reviewed claims and payroll vouchers, Resolution No. 4759
relating to surplus property (vehicle), Resolution No. 4760 relating to the Sister
City relationship with Tamba, Japan, and Resolution No. 4761 relating to a Sister
City relationship with Pyeongchang. The Committee discussed a Consulting
Services Agreement with Fisher Jurkovich Public Affairs, a utility leak adjustment
appeal, Ordinance No. 6379 amending the 2011-2012 Biennial
Budget, Resolution No. 4758 authorizing an agreement to allocate $6 million in
funding for the M Street SE Underpass Project, the August Financial Report,
financial condition of the utility funds, and an agreement to exchange real property
with Green River Community College. The next regular meeting of the Finance
Committee is scheduled for November 7 at 6:00 p.m.
Mayor Lewis commented that in the city of Auburn, the sales tax and real estate
excise tax received to date are above levels for the same period of time last year.
Additionally, building permits and business licenses have increased over the same
period last year.
E. Les Gove Community Campus
Chair Wagner reported the Les Gove Community Campus Committee met today.
Page 4 of 9
CA.A
The Committee considered a potential financing method that would be
administered and managed through the National Development Council. The
Committee received a report from Parks, Arts and Recreation Director Faber on
activity center programs and a construction update on the activity center. The
Committee also discussed the status of artwork for the community center. No
meeting date has been set for the next Les Gove Community Campus Committee
meeting, but it is anticipated the Committee will meet again before year end.
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 commented that the City would not have received the Dr
Pepper Snapple KaBoom! $20,000 grant without Councilmember attendance at
National League of Cities meetings where Councilmembers learned about the
opportunity. Deputy Mayor Singer reported on her attendance at the grand
opening of the activity center and a regional economic development opportunities
workshop for the region.
Councilmember Wagner reported that he attended the Regional Access Mobility
Partnership, which is the Pierce County Transportation Forum, where the speaker
was the State Transportation Secretary Paula Hammond. Councilmember
Wagner also attended the Auburn School District Reaching Out Fair, a gathering
of the Auburn International Farmers Market volunteers, the activity center grand
opening, the Valley Regional Fire Authority Finance Committee meeting, and a
performance of the Wizard of Oz by the Auburn Community Players.
Councilmember Partridge reported that he attended the interment service for
retired Fire Marshall Dave Smith, a steering committee meeting for the
Regional Law, Safety and Justice Committee, the Auburn School District
Reaching Out Fair, a Community Gang Awareness Forum at Thomas Jefferson
High School, the activity center open house, the grand re-opening for the Arbor
Apartments, and a DECA advisory group meeting. Councilmember Partridge
announced that the Auburn Valley Humane Society will hold an open house on
November 13 from 1 to 3 p.m. at their facility at 4910 A Street SE.
Councilmember Peloza reported the National League of Cities (NLC) offers a
Page 5 of 9
CA.A
prescription discount program that is available to City of Auburn residents. The
City of Auburn is ranked fifteenth among the top twenty cities in the United States
for prescriptions savings. Councilmember Peloza spoke briefly regarding the new
Brightwater Treatment Plant and the environmental and community center located
there. Councilmember Peloza also attended the King County Gang
Awareness meeting at Thomas Jefferson High School and the Auburn Activity
Center open house.
Councilmember Haugen reported that she learned that a new all city high school
marching band has been formed.
B. From the Mayor
Mayor Lewis reported on a week-long economic development trip to Republic of
Korea and Japan. He was accompanied by sister city representatives, the City's
economic development manager, and representatives of the Auburn Area
Chamber of Commerce Board of Directors. While in Pyeongchang, the Mayor
Lewis signed sister city and economic development agreements with
Pyeongchang. Pyeongchang has been selected as the site for the 2018 Winter
Olympics, and the Pyeongchang Olympic Committee has already agreed to have
Auburn business products at the Winter Olympics. Mayor Lewis then traveled to
Japan to renew a sister city relationship with Tamba, Japan.
Mayor Lewis reported that he attended meetings of the King County Regional
Policy Committee where the Committee discussed the veterans levy, the South
King County Task Force, the Suburban Cities Association Public Issues
Committee, and the King County Flood Control Advisory Board. Mayor Lewis also
commented on the re-opening of Arbor Place Apartments that had been
condemned but have been completely renovated by new owners.
V. CONSENT AGENDA
A. Minutes of the October 3, 2011 City Council Meeting
B. Claims Vouchers (Backus/Coleman)
Claims check numbers 408053 through 408465 in the amount of $8,336,537.28
and dated October 17, 2011.
C. Public Works Project No. C201A (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 2 to Contract No. 11-17 in the
amount of $19,505.57 for a total contract price of $215,378.06 with BRC
Incorporated and accept construction of Project No. C201A, Residential Buildings
Demolition
D. Public Works Project No. CP0701 (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 6 to Contract No. 10-04 in the
amount of $7,783.87 and accept construction of Project No. CP0701 8th
Street NE and R Street NE Signal
E. Public Works Project No. CP1116 (Wagner/Dowdy)
Page 6 of 9
CA.A
City Council award Contract No. 11-20 to Northeast Electric LLC on their
low bid of $463,600.00 for Project No. CP1116 Downtown Pedestrian
Lighting Replacement
F. Agreement for Consulting Services with Fisher Jurkovich Public Affairs
(Wagner/Robertson)
City Council to approve an Agreement for Consulting Services with Fisher
Jurkovich Public Affairs, LLC.
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve
the Consent Agenda.
Councilmember Haugen requested removal of the payroll vouchers and utility leak
adjustment from the Consent Agenda to be considered separately.
MOTION CARRIED. 5-1. Councilmember Haugen voted no.
VI. UNFINISHED BUSINESS
A. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532257 to 532308 in the amount of $785,228.15
and electronic deposit transmissions in the amount of $1,183,172.53 for a
grand total of $1,968,400.68 for the pay period covering September 29,
2011 to October 12, 2011.
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve
the payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 6-0.
B. Utility Leak Adjustment Appeal - Griffin (Wagner/Coleman)
City Council to approve a leak adjustment in the amount of $350.00 for
account number 013896-000
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve
the utility leak adjustment.
MOTION CARRIED UNANIMOUSLY. 6-0.
VII. NEW BUSINESS
There was no new business for Council consideration.
VIII. ORDINANCES
A. Ordinance No. 6383 (Peloza/Faber)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Title 2 of the Auburn City Code by creation a new Chapter, "2.82
Poet Laureate"(ACTION REQUESTED: City Council introduce and adopt
Ordinance No. 6383.)
Page 7 of 9
CA.A
Councilmember Peloza moved and Deputy Mayor Singer seconded to introduce
and adopt Ordinance No. 6383.
The Ordinance establishes an honorary poet laureate position that serves to
recognize and celebrate the literary arts as well as significant contributions of an
individual. The poet laureate encourages appreciation of poetry.
MOTION CARRIED UNANIMOUSLY. 6-0.
IX. RESOLUTIONS
A. Resolution No. 4758 (Wagner/Dowdy)
A Resolution of the City of Auburn, Washington, authorizing the Mayor to
execute a Highways and Local Programs State Funding Agreement
between the City of Auburn (The City) and the Washington State
Department of Transportation (The State) relating to Project No. C201A, M
Street SE Underpass(ACTION REQUESTED: City Council adopt
Resolution No. 4758.)
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4758.
Resolution No. 4758 authorizes an agreement with the State to obligate $6
million in Freight Mobility Strategic Investment Board funds for the M Street SE
Underpass Project.
MOTION CARRIED UNANIMOUSLY. 6-0.
B. Resolution No. 4759 (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
(ACTION REQUESTED: City Council adopt Resolution No. 4759.)
Councilmember Norman moved and Councilmember Wagner seconded to adopt
Resolution No. 4759.
Resolution No. 4759 surpluses a police vehicle that is no longer operable.
MOTION CARRIED UNANIMOUSLY. 6-0.
C. Resolution No. 4760 (Backus/Heid)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to take all necessary and appropriate steps to
formalize a Sister City relationship between the City of Auburn and Tamba,
Japan(ACTION REQUESTED: City Council adopt Resolution No. 4760.)
Councilmember Norman moved and Councilmember Wagner seconded to adopt
Resolution No. 4760.
Resolution No. 4760 authorizes a Sister City relationship with the City of Tamba,
Page 8 of 9
CA.A
Japan. The City had a Sister City relationship with the Kasugo-cho, Japan for
several years. Recently, Kasugo-cho was merged with several other neighboring
cities to form the City of Tamba.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. Resolution No. 4761 (Backus/Heid)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to take all necessary and appropriate steps to
formalize a Sister City relationship between the City of Auburn and City of
Pyeongchang, Republic of Korea
Councilmember Norman moved and Councilmember Wagner seconded to adopt
Resolution No. 4761.
Resolution No. 4761 formalizes a Sister City relationship with the City of
Pyeongchang, Republic of Korea.
Councilmember Haugen stated that she is not in favor of a new sister city
relationship; however, she expressed support for a Sister City relationship with
Pyeongchang.
MOTION CARRIED UNANIMOUSLY. 6-0.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:46 p.m.
APPROVED THE _____ DAY OF NOVEMBER, 2011.
____________________________ _____________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
Page 9 of 9
CA.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
September 15, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:November 7, 2011 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
September 15, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:November 7, 2011 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. MS1110
Date:
October 19, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tabulation Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Small Works Contract No. 11-21, to SkyCorp, Ltd. on their low bid of
$75,698.00 plus Washington State sales tax of $7,191.31 for a total contract price of
$82,889.31 for Project No. MS1110, Jacobsen Tree Farm and Fields Residential
Buildings Demolition Project.
Background Summary:
The purpose of this project is to demolish City-owned residential buildings located at
12913 SE 294th Street, 13009 SE 294th Street and 32882 56th Ave S. The first two
properties are known as the Jacobsen Tree Farm. The last property is known as the
Fields Property. There is one residence located at each address, for a total of three
residences. In addition, the 13009 SE 294th Street property also contains two sheds and
a metal clad pole barn. The metal clad pole barn will not be demolished because the City
intends to use the barn for storage of materials for street maintenance needs on Lea Hill.
The demolition will include the removal of hazardous materials (asbestos and lead
paint), the severance of existing utilities, and the decommissioning of two existing water
wells and three septic systems serving the properties.
Demolition is anticipated to start in December 2011 and be complete in early 2012.
The total project cost is estimated to be $113,267 and there is currently $142,000
available in the 505 (Facilities) fund for this project.A project budget contingency of
$28,733 remains in the 505 (Facilities) fund.
O5.1.2 MS1110
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Dowdy
AUBURN * MORE THAN YOU IMAGINEDCA.D
Meeting Date:November 7, 2011 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D
Project No: MS1110Project Title:
Project Manager: Leah Dunsdon
Project Initiation
Initiation Date: Sept. 12, 2011 Permision to Advertise
Advertisement Date: Sept. 29, 2011 Contract Award
Award Date: Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 2013 Total
505.00.524.500.48 Fund 142,000 142,000
Total 0142,00000142,000
Activity Prior Years 20112012 2013 Total
Design Engineering - City Costs**0
Design Engineering - Consultant Costs 2,500 2,500
Construction Contract Bid 82,889 82,889
Authorized Contingency (20%)16,578 16,578
Construction Engineering - City Costs**0
Construction Engineering - Consultant Costs11,300 11,300
Total 0113,26700113,267
Prior Years 20112012 2013 Total
*505 Funds Budgeted ( )0(142,000)00(142,000)
505 Funds Needed 0113,26700113,267
*505 Funds Project Contingency ( )0(28,733)00(28,733)
505 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
**City Staff Costs are allocated from the General Engineering budget for Public Works staff.
505 Facilities Budget Status
BUDGET STATUS SHEET
Jacobsen Tree Farm and Fields Residential Buildings Demolition
Project
Date: October 18, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\MS1110-Jacobsen Tree Farm & Fields Demo\Budget\BudgetStatusSheet.xls
10/18/2011
CA.D
CA.D
CA.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Call for Public Hearing
Date:
October 26, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council conduct a public hearing to receive public comments and suggestions with
regard to the proposed mid-biennial modifications to the 2011-2012 Adopted Biennial
Budget.
Background Summary:
This hearing provides an opportunity for any citizens to make comments or suggestions
prior to review and publication of modifications to the 2012 adopted budget.
F3.23
Reviewed by Council Committees:
Councilmember:Backus Staff:Coleman
Meeting Date:November 7, 2011 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C201A
Date:
November 1, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Consultant Scope Summary
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to enter into Supplemental Agreement No. 6 to Consultant
Agreement No. AG-C-344 with CH2M Hill, Inc. for construction management, administration,
inspection, survey, and engineering for Project No. C201A M Street SE Underpass.
Background Summary:
The M Street SE Underpass project will lower and widen M Street SE from 3rd Street SE to 8th
Street SE to create a grade separated crossing at the BNSF railroad tracks with sidewalks,
bicycle lanes, 5-lanes, and street lighting.
The project construction is scheduled to start in early 2012 and will require significant
administration, management, survey, inspection, and construction engineering work that will
exceed City Staff's capacity. Several areas of specialized expertise are also required. The
attached scope of work summary describes work to be completed by the Consultant during the
construction phase. This construction phase work was not included in the Consultant's original
agreement and requires a supplemental agreement.
The project budget includes $1,800,000 for Consultant provided construction phase services.
The Not-to-be-Exceeded amount of this supplement is $1,781,026, which leaves $18,974
contingency within the project budget.
O4.9.1 C201A
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 7, 2011 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F
AUBURN - M Street SE
Project No: C201AProject Title:
Project Manager: Jacob Sweeting Date: October 28, 2011
Consultant Agreement
Initiation Date: February 24, 2003 2011 Mid Year BA
Advertisement Date: Contract Award
Award Date: Change Order Approval
Contract Final Acceptance
Funding Prior Years201120122013 Total
102 Fund - Traffic Impact Fees2,195,1601,500,000661,4004,356,560
102 Fund - Unrestricted Street Revenue150,000 150,000
102 Fund - Traffic Mitigation Fees660,000 660,000
REET2 169,420970,580 1,140,000
430 Water Fund 150,000150,000
Federal Grants419,792452,580 872,372
FMSIB Grant (State)3,291,5352,708,4656,000,000
TIB Grant (Anticipated)1,500,0001,500,0003,000,000
King County 180,13954,9401,299,4001,534,479
Ports of Seattle and Tacoma 771,400771,4001,542,800
BNSF 478,000478,000
Public Works Trust Fund Loan 3,226,9633,226,963
Total Funding 3,624,5113,128,1007,673,7358,684,82823,111,174
Activity Prior Years201120122013Total
Total Design Costs2,276,398400,199 2,676,597
Total Right of Way Costs1,348,1132,086,464 3,434,577
Construction Contract Estimate 5,640,0007,600,00013,240,000
BNSF Construction Work 1,260,000500,0001,760,000
BUDGET STATUS SHEET
M Street SE Underpass Project
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)*
,,,,,
Construction Engineering (Consultant)330,265669,735800,0001,800,000
Construction Engineering (City)35,000130,00035,000200,000
PROJECT TOTAL ESTIMATED COSTS 3,624,5112,851,9287,699,7358,935,000 23,111,174
* Costs do not include the Auburn Black Diamond Road By-Pass Road
Prior Years201120122013 Total
** 102 Funds Budgeted or Anticipated ( )(3,624,511)(3,128,100)(7,523,735)(8,684,828)(22,961,174)
102 Funds Needed3,624,5112,851,9287,549,7358,935,00022,961,174
102 Project Contingency (276,172)
102 Funds Required 026,000250,1720
Prior Years201120122013 Total
** 430 Funds Budgeted or Anticipated ( )(150,000)(150,000)
430 Funds Needed 150,000150,000
430 Project Contingency 0
430 Funds Required 0
** ( # ) in the Budget Status Sections indicates Money the City has available.
430 Water Budget Status
102 Arterial Street Budget Status
CA.F
M STREET SE UNDERPASS PROJECT
SUPPLEMENT 6 CONSULTANT SCOPE OF WORK SUMMARY
PAGE 1 OF 1
C201A – M Street SE Underpass Project
City of Auburn
Scope for Construction Phase Services - Summary
This is a general summary of the scope of work and costs for construction phase services to be
provided by the Consultant for the M Street SE Underpass project.
Project Description
The M Street SE Underpass project will lower and improve M Street SE from 3rd Street SE to 8th Street
SE to create a grade separated crossing with the BNSF railroad tracks that has sidewalks, bicycle lanes,
street lighting, and 5-vehicle lanes.
Survey – Construction Staking: $190,750
The Consultant will provide all survey and construction staking for non-structural work required for
the project construction. The Consultant survey team will include a 2 person survey crew dedicated to
the project construction for the construction duration. The Consultant survey work will include
translating information from the project plans into construction staking data and setting construction
stakes as needed to complete the project construction.
Inspection: $818,318
The Consultant will provide inspection services during the project construction. The Consultant
inspection team will include a Resident Engineer who will serve as the chief inspector and first point of
contact during construction. The chief inspector will be present at all times during the project
construction and will coordinate with the City’s Project Engineer to ensure compliance with City
requirements. The Resident Engineer will be supported by a full time general inspector and specialized
inspectors required for structural, mechanical, and electrical work.
Management and Administration: $305,663
The Consultant will provide construction management work including coordinating and planning
Consultant resources and efforts. Contract administration work includes processing requests for
sublets, submittals, requests for information, insurance documentation, payroll information, payment
backup and records, contractor correspondence, materials paperwork, and invoices.
Engineering: $231,287
The Consultant will provide engineering services as needed to support the project construction. This
work includes review of contractor submittals, preparation of design clarifications, review of contractor
proposed changes, preparation of changes required to address unexpected field conditions,
interpretation of plans and specifications, and general assistance as needed to support Consultant
inspection and survey work.
Testing, Field Offices, Expenses: $235,008
The Consultant will provide testing of materials and work products to verify compliance with design
requirements. The Consultant will provide a field office for Consultant and City staff use during
construction. The Consultant will incur various other expenses including copying, mileage, and
equipment.
Total Construction Phase Services = $1,781,026
CA.F
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C507B
Date:
November 1, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 5 to Contract No. 11-03 in the amount of
$2,059.80 with Pacific Northwest Earthworks LLC and accept construction of Project No.
C507B, Auburn / Pacific Trail Skinner Rd/3rd Ave SE.
Background Summary:
In February 2007, the Cities of Auburn and Pacific entered into an Interlocal Agency
Agreement for Auburn to administer two federal grants for the construction of non-
motorized improvements along the west side of C St SW in Auburn, starting at 15th St
SW and ending at Ellingson Road SW, and along Skinner Road and 3rd Avenue SE to
Pacific Park in Pacific. Due to right-of-way issues associated with a portion of the project
located in the City of Pacific, the project was split into two projects and the portion of the
project located in Auburn was constructed in 2007/2008. In 2009, the Puget Sound
Regional Council (PSRC) approved a scope change for the work proposed within the
City of Pacific. In February 2011, the Cities of Auburn and Pacific approved Amendment
No. 1 to the Interlocal Agency Agreement. Amendment No. 1 addressed an anticipated
funding shortfall and required that the City of Pacific provide additional funding needed
for construction which exceeds the federal grants and match amounts previously agreed
to in the original Interlocal Agreement, up to $40,000.
The Auburn / Pacific Trail - Skinner Rd/3rd Ave SE (Phase 2) project constructed non-
motorized improvements in the City of Pacific, including a 10-foot wide non-motorized
trail on Skinner Road from Ellingson Road SW to approximately 2nd Ave NE, a striped
bike lane on Skinner Road from approximately 2nd Ave NE to 3rd Ave SE, bike route
signing on 2nd Ave NE and Alder Lane, and a 5-foot wide trail on 3rd Ave SE from Alder
Lane to Pacific Park.
The total project cost is estimated to be $149,810. A project budget contingency of
$32,150 remains in the 102 (Arterial Street) Fund.
AUBURN * MORE THAN YOU IMAGINEDCA.G
O4.9.1 C507B
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 7, 2011 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G
Project No: C507BProject Title:
Project Manager: Leah Dunsdon
Project Initiation
Initiation Date: __2005___ Permision to Advertise
Advertisement Date: March 29, 2011 Contract Award
Award Date: _May 2, 2011___ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 Future Years Total
102 Fund - Federal Grant** 4,7113,282101,307109,300
102 Fund - Unrestricted - Matching funds73551210,31211,559
102 Fund - Unrestricted 7,224 7,224
102 Fund - REET2 8,107 8,107
102 Fund - Other (City of Pacific)***45,77045,770
Total20,7773,794157,3890181,960
Activity Prior Years 20102011 Future Years Total
Design Engineering - City Costs20,7773,79415,92040,491
Construction Contract Bid 84,574 84,574
BUDGET STATUS SHEET
Auburn/Pacific Trail - Skinner Rd/3rd Ave SE (Phase 2)
Date: October 19, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Contract Bid 84,574 84,574
Line Item Changes 2,7452,745
Construction Engineering - City Costs 22,00022,000
Total20,7773,794125,2390149,810
Prior Years 20102011 Future Years Total
*102 Funds Budgeted ( )(20,777)(3,794)(157,389)0(181,960)
102 Funds Needed 20,7773,794125,2390149,810
*102 Fund Project Contingency ( )(0)0(32,150)0(32,150)
102 Funds Required 00000
* ( # ) in the Budget Status Sections indicates money the City has available.
** Requires a Local Match of $17,329 ($5,770 from Pacific and $11,559 from Auburn) per the Interlocal Agreement.
***Per Amendment No. 1 of the Interlocal Agreement between Auburn and Pacific, the City of Pacific will provide the
required $5,770 local match and provide up to an additional $40,000 for a total contribution of $45,770 to fund the project.
102 Arterial Street Budget Status
H:\PROJ\C507B-Aub-PacificTrail-Skinner\Budget\C507B.BudgetStatusSheet.xls
11:45 AM 10/19/2011
CA.G
CA.G
CA.G
CA.G
CA.G
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0909
Date:
November 1, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP0909 Academy
Booster Pump Station Project.
Background Summary:
The purpose of the Academy Booster Pump Station project is to construct a new water
booster pump station in the Academy Water Service Area in order to meet fire flow
demands and to provide adequate domestic water service, as identified in the 2001
Comprehensive Water Plan and the 2009 Comprehensive Water Plan. The new
Academy Booster Pump Station will provide approximately 300 gpm domestic supply,
2,500 gpm fire flow supply, and will include emergency power. Work also includes the
decommissioning of the existing Janssen's Addition Pump Station.
Project construction is anticipated to begin in January 2012 and be completed by
December 2012.
A project budget contingency of $18,531 remains in the Water 430 fund.
O4.11.1 CP0909
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 7, 2011 Item Number:CA.H
AUBURN * MORE THAN YOU IMAGINEDCA.H
Project No: CP0909Project Title:
Project Manager: Ryan L Vondrak
Project Update
Initiation Date: August 3, 2009 Permision to Advertise
Advertisement Date: Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 2012 Total
Bond Proceeds - 430 Fund (Water)241,031258,9690500,000
Water - 430 Fund 02,541,03102,541,031
Total 0241,0312,800,00003,041,031
Activity Prior Years 20102011 2012 Total
Design Engineering - City Costs 27,93522,16550,100
Design Engineering - Consultant Costs 213,096319,104532,200
Construction Contract Bid 2,100,0002,100,000
Authorized Contingency (10%)210,000210,000
Construction Engineering - City Costs 60,00060,000
Const Engineering - Consultant Costs (Carollo)52,70052,700
Const Engineering - Consultant Costs (Krazan)17,50017,500
Total 0241,031341,2692,440,2003,022,500
Prior Years 20102011 2012 Total
*430 Funds Budgeted ( )0(241,031)(258,969)0(500,000)
430 Funds Needed 0241,031258,9690500,000
*430 Fund Project Contingency ( )0(0)000
430 Funds Required 00000
Prior Years 20102011 2012 Total
*430 Funds Budgeted ( )00(2,541,031)0(2,541,031)
430 Funds Needed 0082,3002,440,2002,522,500
*430 Fund Project Contingency ( )00(2,458,731)0(18,531)
430 Funds Required 0002,440,2000
* ( # ) in the Budget Status Sections indicates Money the City has available.
430 Water Budget Status
Estimated Cost (Funds Needed)
Funds Budgeted (Funds Available)
430 Water Budget Status (Bond Proceeds)
BUDGET STATUS SHEET
Academy Booster Pump Station Imp
Date: October 27, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
CA.H
CA.H
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4682
Date:
November 1, 2011
Department:
Public Works
Attachments:
Resolution No. 4682
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4682.
Background Summary:
Resolution No. 4682 authorizes the Mayor to execute an interagency agreement with King
County for the purpose of constructing a relocated King County sanitary sewer main for the M
Street SE Underpass project.
The M Street SE Underpass construction requires the relocation of a King County owned 18-
inch sanitary sewer main. Per an existing interagency agreement, the City has designed the
relocated King County sewer main and included the design in the project construction
contract documents. The new interagency agreement will obligate the City to construct the
relocated sewer main and King County to pay for the relocation costs. This agreement
benefits the City because it will not be subject to delays and additional impacts caused by
King County hiring a separate contractor to complete the relocation work in advance of the
project. Additionally, the City is constructing a relocated City storm drain pipe adjacent to the
relocated King County sewer main and constructing both relocations concurrently during
project construction will allow for cost sharing of the trenching, restoration, surveying, and
inspection between the City and King County, and lower the City's overall construction costs.
O4.9.1 C201A
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 7, 2011 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A
RESOLUTION NO. 4 6 8 2
ARESOLUTION OF THE CITY COUNCIL OF THECITY OF
AUBURN, WASHINGTON; AUTHORIZING THE MAYOR TO
EXECUTE AN INTERAGENCY AGREEMENT WITH KING
COUNTY FOR THEPURPOSE OF CONSTRUCTING A
RELOCATED KING COUNTYSANITARY SEWER LINE FOR
THE M ST SE UNDERPASSPROJECT C201A
WHEREAS, the City is the lead agency and is responsible for theplanning,
review, design, permitting, right-of-way acquisition and construction of the M Street
SEUnderpass ProjecE, hereinafter referred to as the "Project"; and
WHEREAS, the County has an 18-inch sanitarysewer line located in thepublic
right-of-way in the vicinity of theProjectwhichwill have to be relocated to
accommodate the Project; and
WHEREAS, there is a mutual benefd to the City and King County in having the
City construct the relocatedsanitary sewer main during construction ofithe M Street
SE Underpass Project construction; and
WHEREAS, King County is willing to compensate the City for its costs to
construct the relocated sanitary:sewer main.
NOW, THEREFORE, THE CITYCOUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBYRESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Interagency
Agreement with King County for the purpose of constructing the relocation of a King
County Sanitary Sewer line for the M St SE UnderpassSeparation Project, in
Resolution No.4682
Octotier 13, 2011
Page 1
RES.A
substantialconformitywith the agreementamendment attachedhereto, marked as
F chibit "A" and incorporated herein by this reference.
Section 2. That theMayor is authorized to implement such other
atlministrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E: Daskam,
City Clerk
APP VED A TO FORM:
Da : eid,
City Attomey
Resolution No.4682
October 13, 2011
Page 2
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 1 of 13
INTERAGENCY AGREEMENT BETWEEN CITY OF AUBURN AND
KING COUNTY (WASTEWATER TREATMENT DIVISION)
FOR UTILITY RELOCATION CONSTRUCTION ASSOCIATED WITH
THE M STREET GRADE SEPARATION PROJECT
THIS AGREEMENT is made and entered into by and between King County, a political
subdivision of the State of Washington, hereinafter referred to as the “County,” and City of
Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the
“City.” County and City may also be collectively referred to as the “Parties.”
WHEREAS, the City has concluded that the re-grading of M Street at SR18, hereinafter
referred to as the “Project,” is necessary in order to provide an acceptable level of traffic flow
and road safety; and
WHEREAS, the City is the lead agency and is responsible for the planning, review, design,
permitting, right-of-way acquisition and construction of the Project; and
WHEREAS, the County has an 18-inch sanitary sewer line located in the public right-of-way in
the vicinity of the Project; and
WHEREAS, it will be necessary for the City to perform extra measures, hereinafter referred to
as the “Utility Work,” to relocate the sanitary sewer line and maintain the integrity of the
County’s sanitary sewer system during the course of the Project; and
WHEREAS, the County desires that the Utility Work be performed and is willing to
compensate the City for its cost to perform the Utility Work; and
WHEREAS, it is deemed to be in the best interest of the public to incorporate the Utility Work,
as requested by the County, into the construction contract for the Project; and
WHEREAS, the design of the Utility Work is being completed as part of the design work for the
Project, under a prior agreement between the City and the County, resulting in plans and
specifications for the Utility Work that are to be approved by the County, hereinafter referred to
as "Approved 100% Documents";
NOW THEREFORE, it is mutually agreed as follows:
1. PURPOSE
The purpose of this Agreement is to set forth the mutual rights, responsibilities and obligations
of the County and the City for the accomplishment of the Utility Work described in Exhibit A,
which is attached hereto and incorporated herein by this reference. No separate legal entity is
created by this Agreement.
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 2 of 13
2. DURATION
This Agreement shall become effective immediately upon execution by all parties and shall
remain in effect until the Project is complete and the County has paid the City in full for the
actual cost of the Utility Work, in accordance with the payment provisions of Section V herein
unless terminated sooner, as provided herein. The Parties anticipate the Utility Work will be
completed by March 31, 2014.
3. THE CITY’S RESPONSIBILITIES
3.1. The City has completed the environmental review required under the State
Environmental Policy Act for the Project and the Utility Work.
3.2. The City shall act as the lead agency for the Project and shall accomplish the Utility
Work described in Exhibits A and B on behalf of the County in connection with the Project.
The City project manager shall act as the administrator of this cooperative undertaking. The
City shall be responsible for compliance with the following County design standards, during the
construction phases of the Project, except as indicated in the Approved 100% Documents or
as otherwise approved in writing by the County:
3.2.1. Washington State Department of Ecology, Criteria for Sewage Works Design,
December 2008.
a. Minimum slope for 18-inch sanitary sewer, 0.0012 ft/ft
b. Maximum spacing between sanitary sewer manholes is 500 feet.
Other requirements
3.2.2 Video sewer prior to placing in service.
3.2.3. Sewer where installed in casing shall be supported to maintain grade and
prevent sags.
3.2.4. Side sewer connections shall be made to the City’s lateral sewers (and not to
the relocated trunk sewer), except where shown on the Approved 100%
Documents.
3.2.5. Access to casing and manholes will be made available via the previously
secured easements and right of way as shown in the Approved 100%
Documents.
3.3. The City shall do all of the following:
3.3.1. prepare and finalize the construction contract documents for the Utility Work;
3.3.2. publicly bid the Project in accordance with the City’s public contracting
procedures, requiring in the bid form a separate bid line item for the Utility Work,
except for bid items for which the Utility Work is shared with other project work;
3.3.3. award the Project contract to the lowest responsible, responsive bidder based
on the lowest overall bid price. The successful, selected bidder shall be referred to
below as the “Contractor;”
3.3.4. administer the Project contract, including accounting and payment to the
Contractor and construction management consultant(s) (“Consultant”);
3.3.5. prepare a construction manual that defines roles and responsibilities of the City,
King County, Contractor, and Consultant during construction. The construction manual
will define communication protocols, specific expectations for inspection,
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 3 of 13
administration, and management, and will be reviewed and edited for consensus
approval by the City, King County, and the Consultant prior to the start of construction.
If consensus approval cannot be reached between King County and the City, the
Dispute Resolution process described in Section 12 shall be followed;
3.3.6. maintain the Project records;
3.3.7. arrange a preconstruction conference with the Contractor after awarding the
contract and invite King County to attend and participate in such conference;
3.3.8. provide all inspection, construction monitoring, testing, construction engineering,
management, and administration required to complete the Utility Work;
3.3.9. receive all submittals, requests for information, design clarifications, change
orders, and substitution requests from the Contractor, route as appropriate to King
County for review and comment, and transmit comments to the Contractor; and
3.3.10. complete the Utility Work in accordance with the Approved 100% Documents
by March 31, 2013.
3.4. The Parties agree that the Project and Utility W ork shall be bid, contracted for and
constructed in accordance with State and local law applicable to the City public works projects.
Any contract issued for the construction of the Project and Utility Work shall comply with all
public works and procurement laws and regulations applicable to the City, including, but not
limited to, applicable performance and payment bond, prevailing wage, nondiscrimination,
retainage, insurance, and workers compensation requirements. The City shall make this
Agreement available to prospective bidders for the construction of the Project. The City shall
provide the County with a copy of the bid documents from the successful bidder.
3.5. The City will provide County with copies of or electronic access to a) submittals and
requests for information ("RFI's") from the Contractor related to the Utility Work; b) submittal
and RFI responses from the City to the Contractor; c) weekly schedule updates from the
Contractor; d) minutes of meetings with the Contractor during periods the Utility Work is being
performed; e) construction photographs related to the Utility Work; f) requests for change
orders related to the Utility Work; g) notices from the Contractor related to the Utility Work; h)
daily inspection reports; any Utility Work design document updates issued to prospective
bidders or the Contractor, including CAD files. These items will be provided within two (2)
working days of their receipt or generation by the City.
3.6 The City shall obtain the permits and approvals from all applicable government bodies
necessary for the construction of the Utility Work. King County shall have the right to review
and approve any permit conditions affecting the Utility Work or King County property. Prior to
executing any permit affecting the Utility Work or King County property, the City will provide
the permit conditions to King County for review and revision or approval. The City will not
execute any permit affecting the Utility Work or King County property without King County
approval of the permit conditions.
3.7 The City shall obtain any necessary temporary and/or permanent easements for the
construction of the Utility Work. King County shall have the right to review and approve any
easement conditions affecting Utility Work or King County property.
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 4 of 13
3.8. Upon Acceptance of the Utility Work (as defined in the Project construction contract
documents), the City shall assign all contractor/equipment warranties related to the Utility
Work to King County so that King County can enforce them.
3.9. The County reserves the right to review and reject any plans and specifications
developed by the City for Utility Work activities not in compliance with the County’s standards
that were not included in the Approved 100% Documents. Prior to implementing any plans or
specifications that were not included in the Approved 100% Documents, the City will provide
the plans or specifications to King County for review and revision or approval. The City will not
implement any plans or specifications not included in the Approved 100% Documents without
King County approval.
Ultimate responsibility for accuracy and completeness of the City's plans for the Utility Work
rests with the City.
3.10. The City, acting for and on behalf of the County, shall provide construction engineering
and inspection of the Utility Work based upon plans and specifications reviewed and approved
by the County and sound engineering practice. The City will provide copies to the County of
all daily inspection reports for work involving the County’s facilities on a weekly basis.
Inspection of construction activities by the City shall not constitute a guarantee or warranty of
the adequacy of performance. The City shall allow reasonable access to the Utility Work by
County personnel, should the County elect to supplement the City's inspection services.
3.11. The City shall bill the County for costs related to the Utility Work incurred by the City
and/or the Consultant(s) and Contractor(s) in accordance with the payment provisions of
Section 5 of this Agreement.
3.12. The City shall initiate and coordinate final inspection and the follow through with
completion of items listed on the County’s punch list with the Contractor.
3.13. The City shall provide the County with a set of “as-built” drawings of all Utility Work for
the County’s permanent records, within six (6) months of the final acceptance of the Utility
Work. As-built drawings to be submitted shall include a full size red-lined plan set and a
scanned drawing set in PDF format on CD. As-builts may be sent to the the County address
noted in section15 of the Agreement (Notices).
3.14. Upon completion of the Utility Work, the City will transfer ownership to the County,
without further charge or expense and by Bill of Sale with warranty of title, all of the facilities
comprising the Utility Work and shall assign to King County any permits and easements issued
to the City for such facilities at no charge.
3.15. Any obligations of the City beyond the current fiscal year are subject to local legislative
appropriation of funds for the specific purpose of funding this Project in accordance with
ordinances of the City and applicable law.
4. THE COUNTY’S RESPONSIBILITIES
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 5 of 13
4.1. The County shall be responsible for the actual costs of construction engineering,
construction labor, inspection, and contract administration related to the Utility Work, and shall
reimburse the City for such costs in accordance with the terms of Section V of this Agreement.
4.2. The County shall make all reasonable efforts to cooperate with the Project
Consultant(s) and Contractor(s) in facilitating the Utility Work as set forth in Exhibit A, and
make necessary personnel available so as to not delay the Contractor’s construction schedule.
4.3. The County shall, within twenty-one (21) calendar days after notification of completion
of the Utility Work, issue written notification to the City of any deficiencies or of acceptance of
the work performed on behalf of the County. The City’s Contractor shall correct any
deficiencies. If, after the twenty-one (21) day period, notification has not been received by the
City, from the County, then the Utility Work shall be considered complete and accepted by the
County.
4.4. The County may, if it desires, furnish an inspector for the Utility Work. Any costs for
such inspection will be borne solely by the County. All contact between said inspector and the
City’s Contractor shall be through the the City’s on-site representative who shall be identified
at the preconstruction conference.
4.5. Any obligations of the County beyond the current fiscal year are subject to and
contingent upon the appropriation of funds by the King County Council for the specific purpose
of funding the Utility Work in accordance with the King County Charter and applicable law.
Should such an appropriation not be approved, then this Agreement shall terminate at the
close of the current appropriation year and King County will be responsible for completing any
unfinished Utility Work The appropriation year ends on December 31 of each year.
4.6. County shall not be required to relocate, modify or adjust, at County expense, the
Utility Work constructed pursuant to this Agreement, to accommodate the City’s widening or
improvement (except adjustments required for routine maintenance and preservation such as
adjusting manhole lids) of L Street SE, 6th Street SE or 4th Street SE for a period of ten (10)
years after the Utility Work is accepted by the County.
5. PAYMENT
5.1. The County agrees to reimburse the City for the actual cost of the Utility Work without
mark-up of any kind. The City’s estimate of costs is shown in Exhibit B, Preliminary Cost
Summary, which is attached hereto and incorporated herein by this reference.
5.2. The City shall provide the County monthly with properly executed invoices showing
expenditures during the previous month on the Utility Work. Invoices shall be based on and
itemize the Consultant's payments applicable to the Utility Work and Contractor’s payments,
equipment, materials and labor expended on the Utility Work, as described in Section 5.3
below. Invoices shall be documented to the reasonable satisfaction of the County. Properly
documented invoices shall be paid by the County within sixty (60) days of receipt by the
County. Notice of any potential dispute regarding such payment request shall be made in
writing within the same time period. Payment by the County shall not constitute agreement as
to the appropriateness of any item or acceptance of the work so represented. At the time of
final audit, all required adjustments related to any potential dispute for which notice has been
timely given shall be made and reflected in a final payment.
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 6 of 13
5.3. The County shall pay the City for the following costs:
5.3.1. The final cost (without any mark-up for City administrative costs) of all
contract items related to the Utility Work, as shown in Schedule B of the bid
proposal of the successful bidder, and the proportions of the bid amounts in
Schedules A, C and D that are attributable to the Utility Work as estimated in
Exhibit B; and
5.3.2. Actual costs of City expenditures for construction engineering, inspection,
administration and management attributable to the Utility Work, as estimated in
Exhibit B. Costs for City staff shall include labor only and exclude mark-up of any
kind. Consultant costs shall include the Consultant’s labor, overhead, and fee;
and
5.3.4 The cost of any extra work associated with the Utility Work within the amount of
the “Contingency” as shown in Exhibit B, and any costs for extra work that have
been approved in accordance with Section 8.
5.4. Invoices will provide a summary of labor, equipment, materials, benefits and overhead,
other charges and the total amount due and will include supporting documentation. If any
invoice seeks reimbursement of City employee labor hours, then the invoice shall state the
labor hours expended by individual City employees along with their applicable labor rates.
5.5. Upon completion of the Project, the City shall conduct a final audit of the Project in
accordance with standards of the Washington State Department of Transportation. At the time
of the final audit, all adjustments required shall be made and shall be reflected in a final billing
to the County. Within thirty (30) days of receipt of the audit and final billing, the County shall
notify the City in writing of any objections to the audit and/or billing. If no objections are timely
filed, the County shall make final payment to the City and such final payment shall constitute
an acceptance by the County of the City’s costs and accounting.
6. HOLD HARMLESS AND INDEMNIFICATION
6.1. The City shall hold harmless, indemnify and defend the County, its officers, appointed
and elected officials, employees and agents, from and against any and all claims, actions,
suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including
costs and attorney’s fees in defense thereof, for injury, sickness, disability or death to persons
or damage to property or business, caused by or arising out of the Project and/or services
performed under this Agreement, whether arising before, during or after completion of the
Project or services and whether suffered by the City, its officials, employees and/or agents or
any other person or entity. PROVIDED, HOWEVER, that the City’s obligation hereunder shall
not extend to injury, sickness, death or damage caused by or arising out of the sole negligence
of the County, its officers, elected and appointed officials, employees or agents; the City
expressly and specifically agrees that its obligations under this paragraph extend to any claim,
action, suit, liability, loss, expense, damage and/or judgment brought by or on behalf of any of
its appointed or elected officials, employees or agents. For this purpose, the City, hereby
expressly and specifically waives, with respect to the County only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions of Title 51
RCW.
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 7 of 13
6.2. The City will require its consultants, Contractor,subcontractors and suppliers of any tier
to defend, indemnify and hold harmless King County, its officers, officials, and employees from
any and all claims, injuries, damages, losses or suits including attorney’s fees and costs,
arising out of or in connection with the design,
development and construction of the Utility Work and Project except for injuries and
damages caused by the sole negligence of King County.
7. TERMINATION
7.1. The City has the right to terminate this Agreement by providing written notice to the
County if the City determines not to undertake the Project or to discontinue the Project, in
which case the County shall only be responsible for costs authorized under Section 5.3 herein
incurred by the City prior to the City’s notice of termination.
7.2. The County has the right to terminate this Agreement by providing written notice to the
City prior to the award of the construction contract, in which case the County shall be
responsible only for those costs authorized under Section 5.3 incurred by the City in executing
the necessary contract changes to delete the Utility W ork.
7.3. After award of the construction contract by the City, the County may terminate this
Agreement only upon thirty (30) days’ prior written notice to the City. In that event, the County
shall be responsible for all costs authorized under Section 5.3 incurred by the City and all bona
fide costs claimed by the Contractor in performing the Utility Work up to and including the date
of termination and in deleting the Utility Work from the Project.
8. EXTRA WORK
There may be unforeseen conditions requiring immediate resolution during the construction
phase of the Project such as construction disputes and claims, changed conditions and
changes in the construction work. Reimbursement for increased construction engineering
and/or construction contract amounts for the Utility Work shall be limited to costs covered by a
modification, change order or extra work order approved as follows:
8.1. Should it be determined that a change to the Project plans and specifications is
required for the Utility Work, the City, through its project manager, shall notify the County at
least three (3) working days prior to commencing work on the changed work. Should the
County determine that a change to the Project plans and specifications is required for some
element of the Utility Work, the County shall notify the City prior to the Contractor commencing
work on that element. The City will instruct the Contractor to make reasonable changes
requested by the County. If a request for a change to an element of the Utility Work is
received from the County after the Contractor has commenced work on that element, the City
will evaluate reasonable requests on a case by case basis and instruct the contractor to
incorporate changes at its discretion.
8.2. Any change in the Utility Work, which would cause the “Total Cost” to exceed the
amount shown in Exhibit B will require a binding Letter of Agreement, signed by both the City
Mayor or his/her designee and the County Wastewater Treatment Division Director or his/her
designee, describing the changed scope of work and the estimated change in the Utility Work
cost.
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 8 of 13
8.3. In the event of a claim by the Contractor(s), each party shall be responsible for its
proportionate share based on its proportionate responsibility for the claim, PROVIDED THAT
nothing in this Agreement shall be construed to make the County responsible for a
Contractor(s) claim, to the extent that it is caused by the actions, inactions or responsibilities of
the City and/or its agents, employees or consultants, including the Consultant .
9. INSURANCE
9.1. Prior to commencement of construction of the Project, the City shall cause the Contractor
to maintain the following insurance coverages and provide the County with evidence thereof:
9.1.1. General Liability. Coverage shall be at least as broad as Insurance Services
Office form number CG 00 01 Ed. 11-88 covering COMMERCIAL GENERAL LIABILITY.
$5,000,000 combined single limit per occurrence, and for those policies with aggregate limits,
a $5,000,000 aggregate limit. Excess/Umbrella Liability coverage may be provided to satisfy
the required limits.
9.1.2. Automobile Liability. Coverage shall be at least as broad as Insurance Services
Office form number CA 00 01 Ed. 12/90 covering BUSINESS AUTO COVERAGE, symbol 1
“any auto”; or the combination of symbols 2, 8, and 9. $5,000,000 combined single limit per
accident. Excess/Umbrella Liability coverage may be provided to satisfy the required limits.
9.1.3. Workers’ Compensation. Statutory requirements of the State of residency.
Coverage shall be at least as broad as Workers’ Compensation coverage, as required by the
Industrial Insurance Act of the State of Washington, as well as any similar coverage required
for this work by applicable Federal or “other States” State Law.
9.1.4. Employer’s Liability or “Stop Gap”. Coverage shall be at least as broad as the
protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in
states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to
the general liability policy. Limit: $ 1,000,000.
9.2. The City shall cause the insurance to be maintained until acceptance of the Project or for
such longer time as required by the City ’s contract with the Contractor.
9.3. The City shall cause the Contractor(s) to name King County as an additional insured
under Commercial General Liability and Business Automobile Liability Insurance with respect
to primary and non-contributory limits in accordance with a standard separation of insureds
clause, and the County shall be provided not less than 45 days prior written notice of
cancellation (10 days with respect to cancellation for non-payment of premium) per RCW
48.18.290.
9.4. All insurers shall either be licensed to conduct business in the State of Washington and
rated A-:VII in the A.M. Best’s Key Rating Guide or filed as a surplus lines placement by an
authorized Washington State Surplus Lines Insurance Broker. Any form of self-insured
retentions in excess of $25,000 shall be disclosed and are subject to approval by the County.
9.5. Prior to commencement of the Project, as documentation of insurance as required
hereunder, the City shall cause the Contractor(s) to provide certificates of insurance with
copies of the actual additional insured policy endorsements or blanket additional insured
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 9 of 13
wording stating that the County is an additional insured. All insurance documentation shall be
delivered to:
King County
Risk Management Section
10. KING COUNTY’S RELATION TO CONTRACTOR
With respect to the Utility Work only, the City shall cause the contract between the City and the
Contractor to state that for purposes of the construction of the Utility Work, the County is a
third-party beneficiary of the contract including without limitation its indemnification provisions,
and that all of the Contractor’s representations, warranties and guarantees and those of the
Contractor’s suppliers of material used in the Utility Work run to and benefit the County. Other
than as stated in this paragraph with respect to the Contractor, the Parties do not intend that
this paragraph be interpreted to create any obligation or liability or promise of performance to
any third party, other than the Parties, for purposes of construction of the Utility Work. The
City agrees that the contract between the City and the Contractor shall (i) state explicitly that,
with respect to the Project, King County is a third party beneficiary of such contract and (ii)
require the insurance described in section 9 herein. The City represents that it will give a copy
of this Agreement to the Contractor.
11 PROJECT RECORDS
Upon request by the other Party, each Party will provide, within ten (10) calendar days of any
request, or if the request is voluminous or is for documents in several locations then in a
reasonable time, any Project-related documentation in its possession or in the possession of
its agents, Contractors and Consultants (except documents that are not subject to the
Washington State Public Records Act, Ch. 42.56 RCW), including but not limited to
environmental analyses, geo-technical reports, engineers estimates, bid tabulations,
contractor submittals, and contract payment records relating to the Project or Project Site. In
addition for a period not less than six (6) years from the final payment to the City, the City shall
keep all records and accounting pertaining to the Project available for inspection and audit by
the State and copies of all records, accounts, documents or other data pertaining to the
Project shall be furnished upon request. If any litigation, claim, or audit is commenced, the
records and accounts along with supporting documentation shall be retained by the City until
all litigation, claim or audit finding has been resolved even though such litigation, claim, or
audit may continue past the six-year retention period.
12. DISPUTE RESOLUTION
12.1. In the event the City and the County disagree over whether the Contractor has fulfilled
its obligations under the Utility Work scope of work, the City reserves the right to make the
final decision as to the acceptability of the work. If a dispute arises between the County and
the City, the parties agree that they will attempt to resolve the issue through mutual
negotiation. In the event that the Parties are not able to reach an agreement through such
negotiation the Parties agree to engage in mediation in order to resolve the dispute. Mediation
may be requested by either party, and shall be attempted prior to the institution of any lawsuit
arising under this Agreement. Each party shall designate, in writing, not more than three
candidates it proposes to act as a non-binding mediator within ten days following notification of
a dispute. The candidates proposed shall be from Judicial Arbitration and Mediation Services
(JAMS) or Judicial Dispute Resolution (JDR) or shall be a neutral, independent and
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 10 of 13
recognized expert in the field in which the dispute arises. If the Parties cannot agree on one of
the mediators from the combined list within five days, then the Parties shall promptly meet and
select a mediator by blind draw. Upon selection of the mediator, the Parties shall within 30
days, or as soon thereafter as possible, meet and engage in a mediation of the dispute with
the assistance of the mediator. The cost for the mediation services shall be borne equally
between the Parties, each party paying one-half of the cost. The mediator shall determine
reasonable procedures. Testimony and briefing, if any, provided to the mediator shall be
inadmissible in any subsequent court proceedings. If mediation fails to resolve the dispute,
the Parties may thereafter seek redress in court. Venue and jurisdiction shall lie with the King
County Superior Court in Seattle, Washington.
12.2. This Agreement has been made pursuant to, and shall be construed according to, the
laws of the State of Washington.
13. PROPERTY
Any real or personal property acquired or used by any party in connection with this Agreement
will be acquired, held, and disposed of by that party in its discretion, and other parties will have
no joint or other interest therein. Upon termination of this Agreement, real and personal
property acquired through this Agreement shall be retained or disposed of in the manner
provided by law.
14. CHANGES AND MODIFICATIONS
Either party may request changes, amendments, or additions to any portion of this Agreement;
however, except as otherwise provided in this Agreement, no such change, amendment, or
addition to any portion of this Agreement shall be valid or binding upon either party unless it is
in writing and executed by both parties. All such changes shall be made part of this
Agreement.
15. NOTICES
Unless otherwise directed in writing, notices, reports and payments shall be delivered to each
party as follows:
City of Auburn King County
Public Works Department King County Department of Natural
Jacob Sweeting, P.E. Resources and Parks
25 West Main Street Wastewater Treatment Division
Auburn, WA Susan Hildreth, P.E.
98001 Mailstop KSC-NR-0509
201 South Jackson Street
Seattle, Washington 98104-3855
Notices mailed by either party shall be deemed effective on the date mailed. Either party may
change its address for receipt of reports, notices, or payments by giving the other written
notice of not less than five (5) days prior to the effective date.
For accounting purposes, the respective Federal Tax Identification Numbers are:
City of Auburn: 91-6001228 King County: 91-6001327
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 11 of 13
16. ENTIRE AGREEMENT
These provisions represent the entire and integrated agreement of the parties and may not be
modified or amended except as provided herein. Any understanding, whether oral or written,
which is not incorporated herein is expressly excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective on the
latest date shown below. The signatories below represent and warrant that they possess the
authority to execute this Agreement and bind their respective entities.
CITY OF AUBURN KING COUNTY
Wastewater Treatment Division
By: By: __
Pete Lewis Date Pam Elardo Date
Mayor Wastewater Treatment Division Director
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 12 of 13
EXHIBIT A
KING COUNTY WASTEWATER TREATMENT DIVISION
UTILITY WORK ASSOCIATED WITH THE
M STREET GRADE SEPARATION PROJECT
Utility Work Description
Relocation of the existing 18” King County Sewer Main and appurtenances in M Street SE,
Auburn, Washington between 6th Street SE and 3rd Street SE as required to construction the
M Street SE Grade Separation Project. The relocated alignment will follow M Street SE to 6th
Street SE to L Street SE, to 4th Street SE to M Street SE, and will be lowered to
accommodate the lowered streets.
The work includes approximately 1,750 feet of new sewer main construction, 280 feet of
bored pipe and casing beneath SR18 and the BNSF right-of-way, 9 new manholes, trenching
and roadway restoration, traffic control, by-pass pumping, erosion control, construction
administration and management, and all other construction related work necessary to
complete the relocation.
RES.A
Resolution No. 4682
Exhibit A
October 13, 2011
Page 13 of 13
EXHIBIT B
KING COUNTY WASTEWATER TREATMENT DIVISION
UTILITY WORK ASSOCIATED WITH THE
M STREET GRADE SEPARATION PROJECT
Preliminary Cost Summary
Work Element Estimate King
County %
City of
Auburn %
King County
Cost
Construction Contract –
Construction of relocation King
County sewer main, manholes, and
appurtenances (Utility Work)
$1,046,000 100% 0% $1,046,000
Construction Contract –
Construction of City of Auburn M
Street Grade Separation
$13,838,400 0% 100% $0
Consultant – Construction
Management, Inspection,
Administration, and Survey
$1,800,000 7.65% 92.35% $137,700
City of Auburn – Construction
Management, Administration
$200,000 7.65% 92.35$ $15,300
Construction Contingency for Utility
Work (≈10%)
$100,000 100% 0% $100,000
Total $1,299,400
RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4755
Date:
November 1, 2011
Department:
Public Works
Attachments:
Resolution No. 4755
Staff Report
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4755
Background Summary:
Terry Home, Inc has applied to the City for vacation of the right-of-way of 8th Street NE,
west of A Street NE shown on Exhibit "B". The applicant currently owns two parcels
immediately south of the right-of-way and is proposing to incorporate the right-of-way
into their development plans for these parcels.
The application has been reviewed by City staff and utility purveyors who have an
interest in this right-of-way. Through this review City staff has determined that the right-
of-way is no longer needed to meet the needs of the City and that a public hearing
should be set to determine if said right-of-way may be vacated.
Resolution No. 4755, if adopted by City Council, sets the date of the public hearing for
December 5, 2011.
O3.9 V3-11
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 7, 2011 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B
RESOLUTION NO. 4 75 5
A RESOLUTIONOF THE CITY COUNGIL OF THE CITY OF
AUBURN, WASHINGTON, RECEIVING A PETITION FOR
VACATION AND SETTING A PUBLIC HEARINGTO
CONSIDERTHE VACATION OF 8T"STREETNE, WE8T OF
A STREET NE, WITHIN THE CITY OFAUBURN,
WASHINGTON
WHEREAS, the City of Aubum, Washington, has rec:eived a petition signed by
owners of at least two-thirds (2/3) of the property abutting right-of-way at the location of 8"'
Street NE, west of A Street NE and adjacent to Parcel Nos. 6053400525; 0721059008
and 1321049057, withinthe City of Aubum, Washington, requesting that the same be
vacated; and
WHEREAS; pursuanttoSection 35.79.010 of the RevisedCode of Washington, a
hearing on such vacation shallbe set by Resolution, with the date of such hearing being
not more than sixty (60) days nor less than twenty (20) days afterthe date af passage of
such Resolution.
NOW, THEREFORE, THE CITY COUNCILOF THECITY OF AUBURN,
WASHINGTON, HEREBYRESOLVES as follows:
Section 1. That a hearing on the vacation of 8"' $treetNE, west of A Street NE,
loqted within the City ofAubum, Washington, legallydescribed as follows:
THAT PORTION OF 8''' STREET N.E., BEING 30 FEET IN
WIDTH, LYING NORTHERLY OF AND ADJAGENT TOLOT
Resolution No: 4755
August 29, 2011
Page 1 of 3
RES.B
9, BLOCK 10, NEW ADDITIONTO THE CITY OF AUBURN,
ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 44 OF PLATS, PAGE 8, IN KING COUTY,
WASHINGTON, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNINGAT THE NORTHWESTCORNER OF SAID LOT
9;
THENCE NORTH 00°31'29" EAST A DISTANCE OF 30.07
FEET TO THE NORTMWEST CORNER OF SECTION 18,
TOWNSHIP 21 NORTH, RANGE 5 EAST, OFTHE WM.,
AND THE NORTHERLY LINEOFSAID 8T" STREET N.E.;
THENCE NORTH 86°29' 53" EAST ALONG SAID
NORTHERLY LINE A DISTANCE OF 146.51 FEETTOTHE.
NORTHERLY EXTENSION OF THE WESTRIGHT-OF-WAY
LINE OF "A" STREET N.E.;
THENCE SOUTH 00°31'29" EAST ALONG SAID LINE A
DISTANCE OF 30.07FEET TOTHENORTHEASTCORNER
OFSAID LOT 9;
THENCE SOUTH 86°29'S3" WEST ALONGTHE NORTH
UNE THEREOF AND ALONG THESOUTHERLY LINE OF
SAID 8TM STREET N.E. A DISTANCE OF 146.51 FEET TO
THE BEGINNING.
CONTAINING 4;395.17 SQUARE FEET, MORE OR LESS.
SUBJECTTO ANY/ALL EASEMENTS OF RECORD.
and as shown on the document attached hereto, marked as Exhibit "B" and incorporated
herein bythis reference, is here6y set for 7:30p.m. on the 5th day of December, 2011, at
the City Council Chambers aY.25 West Main Street, Aubum, Washington, 98001, with all
persons wishing to speak tothe vacation at the public hearing being invited to attend.
Section 2. The Mayor is hereby authorizedto implement such administrative
procedures asmay be necessary tocarry out the directives ofthis legislation, including
posting notice of such public hearing asrequiredbyStatelaw and Ciry Ordinance.
Resolution No 4755
August 29, 2011
Page 2 of 3
RES.B
Section 3. This Resolution sliall be in full forice in effect upon passage and
signatures hereon.
DATED and SIGNED this day of 2011.
CITY OF AUBURN
PETER B. LEWIS
Mayor
Attest:
Danielle E. Daskam, Gity Clerk
App v ast
Daniel B. Heid, ' A o e \
Resolution No: 4755
August29, 2011
Page 3 of 3
RES.B
Vacation No. V3-11
Staff Report
11/1/2011
Page 1 of 2
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V3-11
Applicant: Terry Home, Inc.
Property Location: Right-of-Way located at 8th Street NE west of A Street NE.
Description of right-of-way:
This ROW consists of 8th Street NE west of A Street NE. The ROW is bordered on the west by Parcel No.
1321049057, on the north by Parcel No. 0721059008 and on the south by Parcel No 6053400525 which is owned
by the applicant. This portion of ROW is 4,395.17(+/-) square feet.
The ROW was initially dedicated to the City of Auburn from The Auburn Development Co. through dedication of
the plat New Auburn Addition, recorded in Volume 44 Plats, Page 8 and 9 of Records of King County, Washington
on April 19, 1947.
See Exhibits “A” and “B” for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way. Terry Home, Inc. is proposing to
incorporate this right-of-way as part of their development project of the two parcels immediately south of the right-
of-way.
Applicable Policies & Regulations:
• RCW’s applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code - not affected.
Public Benefit:
• This street vacation decreases the Right-of-Way maintenance obligation of the City.
• The vacated area may be subject to property taxes.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, Qwest, Verizon and city staff.
1. PSE – PSE has existing electric facilities and will require an easement.
2. Water – Currently, there is an existing water main within the right-of-way to be vacated. As a condition of
approval, a public water utility easement within the proposed vacation area shall be granted to the City.
3. Comcast – No comments.
4. Qwest – No comments.
5. Verizon – No comments.
6. Sewer – No comments.
7. Storm –No comments.
8. Transportation – The right-of-way requested to be vacated is not required for transportation purposes and
is not designated in any city plans for roadway or non-motorized improvement.
RES.B
Vacation No. V3-11
Staff Report
11/1/2011
Page 2 of 2
9. Building – No comments.
10. Planning – No comments.
11. Fire – No comments.
12. Police – No comments.
13. Streets – No comments.
14. Information Services – No comments.
15. General Review – Any future development or building over the vacated ROW will require that the
developer/owner vacate necessary easements and relocate all affected utilities prior to construction.
16. Construction – No comments.
Assessed Value:
ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city’s expense.” Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way was originally acquired through dedication of a
Plat at no cost to the City.
RCW 35.79.030 states the vacation “shall not become effective until the owners of property abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not
exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated
public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at
public expense, the city or town may require the owners of the property abutting the street or alley to compensate
the city or town in an amount that does not exceed the full appraised value of the area vacated.”
The right-of-way was acquired through dedication of a Plat on April 19, 1947 at no cost to the City.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. A public utility easement shall be reserved for City of Auburn water facilities along the north eight feet of
the vacated ROW. See Exhibits “C” and “D” for legal description and survey.
2. The need for an easement for Puget Sound Energy electric facilities as it relates to the applicants
proposed development plans for the vacated ROW is still being evaluated by City staff. A final staff
recommendation will be ready for the Public Hearing.
3. Staff recommends that compensation for the value of the right-of-way not be required since the right-of-
way was originally acquired through dedication of a Plat at no cost to the City.
RES.B
RES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4757
Date:
October 26, 2011
Department:
Parks/Art and Recreation
Attachments:
Resolution & Agreement
Master Site Plan - Mary Olson Farm
Museum Property Lease
Farm Lease Extension Res 4172
White River Valley Historical Society By
Laws
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4757.
Background Summary:
The City of Auburn and the White River Valley Historical Society have been in
partnership since 1992 managing the White River Valley Museum. This relationship has
been formalized through a Museum Services Agreement which has been renewed
multiple times, now expiring November 27, 2011. We ask to extend this Agreement for
another ten years (2021) and for it to include language which outlines the management
of the Mary Olson Farm.
A5.2.8
Reviewed by Council Committees:
Municipal Services, Planning And Community Development
Councilmember:Norman Staff:Faber
Meeting Date:November 7, 2011 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C
RESOLUTION NO. 4 7 5 7
ARESOLUTION OF THE CITY COUNCIL OFTHE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITYCLERK TO EXECUTETHEMUSEUM
SERVICES AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE WHITE RIVER VALLEY HISTORICAL
SOCIETY
WHEREAS, the White RiverValley Historical Sociery and the City of Auburn
have a long history of cooperating on Museum related projects; and
WHEREA$, among those projects have been contracts for Museum services
and agreements in support of the City's Museum and the historic Mary Olson Farm;
and
WHEREAS, it is advantageous for the Society and the City to continue their
y
contracts for services in support of theMuseum located in Les Gove Park, 918 "H"
Street S.E., Aubum, Washington,.and for the Mary Olson Farm located at28728
Green River Road, Aubu n, Washington.
NOW, ?HEREFORE, THE CITY COUNCIC OE THE CITY OF AUBURN,
WASHINGTON, HEREBYRESOLVES as follows:
Section 1. The Mayor and Ciry Clerk are authorizedto execute theMuseum_
Services AgreemeM between the City of Au6um and the White River Valley
Historical Society in substantial.conformity with the agreement a copy of which is
attachedhereto, marked as Exhibit"A" and incorporatedherein bythis reference:
Resolution No. 4757
September 30,.2011
Page 1 of 2
RES.C
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry outthedirectives of this legislation.
Section 3. This Resolution shall take effect and be in fullforce and effect
upon passage and signature hereon.
DATED and SIGNED this_day of 2011.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATfEST:
Danielle E.,Daskam, City Clerk
APP VED S TO FORM:
niel B. 'He , ityAtto
Resolution No. 4757
September$0, 2011
Page 2 of 2
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MUSEUM SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _ day of 2011 by,and
between the CITY OF AUBURN, WASHINGTON, a municipal corporation of the State of
Washington herein referred to as "CITY", and the WHITE RIVER VALLEY HISTORICAL
SOCIETY, a Washington non-profit corporation, hereinreferred to as "SOCIETY".
1NHEREAS; the $OCIETY has done an excellent job in the past tocollect, preserve,
exhi6it, and irrterpret thehistory and prehistoryof the White River Valley and vicinity; and
WIiEREAS, theCITYrecognizes that the Whfte River Valley Historical Museum and the
Mary Olson Farm, herein collectively refeRed to as "Museum°, are major assets to the citizens
of Aubum antl the Vailey=at-large; and
WHEREAS,the GI1'Y ownsthehistoric MaryOlsonFartn, the built environment of which
is leased by theSOGIETY for purposes of accurate and economic restoratlon; and the
SOCIETYdesiresto work together'tocontinue and expand the viability and servicesof the
Museum including providing research and technicalsupport for o4her CITY departments on sites
of historical interest; and
WHEREAS, theCITY recognizes the value of restorationand development of the Mary
Qison Farm funded largely through donationsmanaged by the SOCIETY, developing thissite
into a major assetfior the citizens of Aubum and the region; and
WHEREAS, theMuseum building located in Les Gove Park, 918 "H" Street S.E.,
Aubum, Washington, and all artifacts, archives, otherhistoric materials, fixtures, exhibition
materials, furniture, equipment, and other personal propertytherein are thesole propertyof the
SOCIETY; except the suppiies, fumi4ure, and equipment purchased by the CITY, which shall '
remain the solepropertyof theCITY; and
MuseumServicesAgreement
Resolution No.4757 ExhibitA
September 30,2011
Page 1 of 10
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WHEREAS, the land uponwhich the Museum building is situated is the sole property of
he CITY and this Agreement does not nullifyany previous agreements betweentheCITY and
theSOCIETY; and
WHEREAS, CITY employees in the person of the Museum Director and other CITY and
SOCIETY museum staff membersareassignedtodevelop and manageMaryOlson Farm
programs tobenefit the citizens of Aubum; and
WHEREAS, theCITY did purchasethe Mary OlsonFarm property withthe intentionof
p eserving its natural and historical sign cance; and
WHEREAS, pursuaM to the 2000 MASTER SITE PLAN attachedhereto as Exhibit "1,"
the CITY and theSOCIETY plan to continue to restore and operete the Farm property for public
access and education,
NOW THEREFORE, THE CITYAND THESOCIETY IN CONSIDERATION OF THE
CONDITIONSAND COVENANTS HEREIN DO AGREE AS FOLLOWS:
Article 1. Govemance.
1.1 Goveming Body of the Museum.
The Goveming Body of the Museum is the Board ofDirectorsof the SOCIETY. All
members of the Board of Directors shall be membersofthe SOCIETY and shalluphold
the public trust placed in them and, as provided in the mission and goals statement of
the SOCIEIY, take upon themselyes all the duties and responsibilities which are
requiredunder the bylaws, policies, and agreements approved by the SOCIE7Y.
1.2 Number of Board of Directors.
The number ofDirectors serving on the Board shall be no more than seventeen (17).
1.3 Selection ofMembers.
A. Nine (9) members shall be eleded bythe General Membership of the SOCIETY
in accordance with the SOCIETY bylaws.
MuseumServicesAgreement
ResoluGon.No.4757 Ezhibit A
September 30,2011
Page 2 of 10
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B. EigM (8) members shall be appointed by the Mayor of the Cil'Y with the approval
of the Auburn City Council.
C. MembersEmeritimay be appointed by the SOCIETY to honar their years of
senrice androle in the community. Members Emeriti are non-voting membersof
the Board. Appointments and term willbe determined by the Board.
Artiele 2. Resoonstbilities of ttie SOCIETY
The SOCIETY with ttie assistance of the Museum Director shali be responsible for the
following:
A. Adopt or modifypoliciesregulatingactivities specific toMuseumoperations, the
management and useofcollections, the useof facilities, and other functions as it
deerris necessary or appropriate, modeling all policies as closely as possibleto
those of the CITY.
B. Develop_ long-tertn pfans for theMuseum which shall include development of
revenuesources, articulationof capitalimproVements, collections needs, feesfor
Museum services, and marketing strategies.
C. Develop and implement programs for visitor services, collection caretakers, and
other Museum volunteers inGuding manycitizensof Aubum.
D. Prepare and submit to the CITY a long-range plan outlining the operations, goals
and objectives for thefuture.
E. This Article does not prohibit the SOCIETI' from carrying on other adivkies
authorized by theSOCIETY'S charter, bylaws, or mission statement.
F. Prepare and presenY an annual status report for the Mayor and City Council
reviewing accomplishments and outliningthe upcoming year goals and
objectives.
MuseumServices Agreement
Resolutfon No.4757Exhibit A
September 30. 2011
Pege 3 of 10
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Article 3. Responsibilities of the CITY.
TheCITY shall be responsible for the following:
A. Provide a Museum Director and otherappropriate staff to further the mission and
goals ofthe SOCIETY as set:foRh in the Bylaws ofthe SOCIETY provided that
Aubum citizens clearly benefit from this service.
B. Providethe following in-kind servicesto the Museum providing thatAubum
citizens clearly benefit from this service:
1.Printing and mailingof newsletter and other budgeted brochures for
programs, exhibits, or projects which further the mission and goals of the
SOCI ETY as related to the Museum.
2. Maintenance and supplies for the exterior grounds of the Museum
building. When expertise and time is available CITY personnel will be
available toassist with exhibitinstallation, building repairs and other
related tasks.
3. Administrative and clerical supportto assist the Museum Directar with
his/her responsibilfties in serving the general mission of the SOCIEIY as
directly related to the Museum.
Article 4. Mary Olson Farm
A. The CITY owns tfie 'Mary Olson Farm (hereinafter the "Farm" whento be
distinguished from the Museum [Museum and Farm]) and manages it as a CITY
park. The CITY thus provides oversight for the caretakers, holds title to the
caretaker's mobile, and providesforits routine outdoor maintenance.
B. TheCITY is responsible for all Farm utilfies, securitymonitoring and insurance
coverage (for events, programs and day to day open hours) as with other parks
in theCITY system.
Museum Services AgreemeM
ResoluUonNo.4757 Exhlbk A
September 30,2011
Page 4 of 10
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C. CITY employees will developprograms and events for the Fartn in coordination
with theSOCIETY staff members;boardand volunteers.
D. The SOCIEN is responsible for costsof programs and events at the Farm as
wellasthe collectionof all associated revenues. Any revenuerealized by said
eventswill be retained by 1he SOCIETY for future improvements and events at
the Farm and Museum which benefit the citizens of Aubum.
Artiele 5. Stafflng.
5.1 Museum Director
TheMuseum Diredor shall be employed byand compensated by the GITY and shall
receive all normal CITY benefits. The Museum Director's pertormance in regard to the
administraUon of the Museum shall be reviewed annually in compliance with regular
CITY Human Resourcesprocedures..
5.2 Staff Reporting and Policies.
A. AII add'Rional staff at 4he Museum, whether the position is funded by the CITY or
the SOCIETY, wili report directlyto the Museum Director and be subjectto CITY
policies.
B. All volunteers at the Museum will report directlyto the MuseumDirector or staff
assigned by theDirector.
C. The Museum Director andall additional staff hired by the CITY shall be subjectto
all Human Resource policies and proceduresofCITYemployees as well as
museum professional policiesadopted by the SOCIETY.
Articte 6. Buiiding, Land and Coilection Ownership
This Agreemerrtdoes not affect the SOCIETYownership of the Museum building (918 H
StreetSE) nor of theartifacts, archives, other historic materials, fixtures, exhibition
materials, fumiture, equipment, and other personal property wRhin the Museum building;
Museum Serviees Agreement
Resolution No.4757 E diibit A
Septembei 30,2011
Page 5of 10
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provided that, theCITY retainsownershipof the supplies, equipment and fumiture
purchased by the CITY. The CI7Y leases to the SOCIETY a tract of land pursuant to a
ninety-nine (99) year lease entered into August 20, 1971. A copy of the lease is
attached hereto as Exhibit "2° and;is incorporated herein by this reference`'
This Agreement does not affect the SOCIETY's Lease (20 year) of the built environment
of the MaryOlson Fartn (28728 GreenRiver Road) for purposes ofeconomical and
accurate restorationanddevelopmerrt. A copy of 4he lease is attached hereto as Exhibit
3" and is incorporated herein by this reference.
Article 7. Finances.
A. The SOCIETY will develop an annualoperatirig and capitalimprovements budget
for the Museum andthe Farm.
B. The SOCIETY may develop graMs and promotedonationsto theMuseum for the
operating budget, endowment, designated capital improvements at the Museum
or Farm, and the Museum's permanerit collection..
C. The SOCIETY shall keep accuratefinancial books and records in compliance
with ail accepted accounting standards. The SOCIEI'`f shail prudently manage
all giftsmadeto the SOCIETY, and expend contributions exclusively for the
benefitintended.
D. Allfinancialrecordsof4he SOCIETY shall be subject to examination by the CITY
at any reasonable time upon written request.
E. The CITYthrbugh theMuseum Diredor will annually coordinate with the
SOCIETY Board todevelop an opera4ing budget for the Museumto detertnine
the needs forthe upcaming year. The CITY may consider fundingspecial
projeds, programs, capital equipment, cap'ital projects, personnel, or exhibitsto
take place at the Museum, which clearly demonstrate a benefitto theCITY. The
MuseumServices Agreement
Resolution No.4757 ExhibR A
September 30,2011
Page B of 10
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CITY will consider allocations to the Museum as outlined in Article 3 as part of
the normal annual GITY budgefiprocess.
Article 8. DuraUon of Agreement
8.1 Duration.
This P qreement shall be in effect for ten (10) yearsfrom the date this Agreemerrt is
signed by theMayorof 4he City of Aubum.
8:2. RenewaL
ThisAgreement may be renewed for an addRional ten (10) years upon written request by
the SOCIETY and approval by the CITYat least two months priorto the expirationof this
agreement as setforth in articie 8.1.
8.3. Amendment.
This Agreement sets forth the full understanding of theSOCIETY and the CITY and may
not be modified nor amendedexcept by written amendmeM duly executed by the
SOCIETY and the CITY.
8.4 Termination.
A. This P qreemerrt may be terminated by either party for any cause upon one
hundred and eighty (180) dayswrittennoticeto the other party:
B. Upon receiptof a termination notice under the aboqe paragraph, the CITYshall
cease anyand all support and all other in-kind services for the SOCIETY at the
end of onehundred and eighty (180) days. Any capital equipment which is
purchased for use in 4he:Museum by the CITYremains the propertyof the CITY.
C. Upon termination of this AgreemeM, the Directors who have been appoiMedto
the SOCIETY Board by the CITY mayno longer be members of the Board unless
elected to the Board 6y the membershipof the SOCIETY.
Artiele 9. SOCIETY Bylaws.
MuseumServices Agieement
Resolution No:4757 Exhibit A
September 30,2011
Page 7 of 10
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9.1 Bylaws incorporated in thisAgreement:
The SOCIEIY Bylaws are attached hereto as Exhibit "4" and are hereby incorporated
herein by this reference. Any proposed changesto SOCIEIY Bylaws, poliaes, or procedures
whichconflict with the terms of this Agreement must be submittedto the CITY for review and
may be adopted by mutual conserrt ofthe GITY andthe SOCIETY..
Article 10. Indemnification/Ho1d Harmless.
The CITY and the SOCIETY each agrees to defend, indemnify andhold hartnless the
other; its elected and/or appointed officials, employees, and agents from any and all claims,
demands, and/or causes of actionof any kind or characterwhatsoever arisingout of or relating
to the actions of the indemniiying party, its employees, consultants, subcontractors, or agents
for any and aIl claims by any persons for alleged personal injury, death, or damageto their
persons or propertyto the extent caused solely by negligentacts, errors, or omissionsof the
indemnifying party, its employees, ageMs, consultants, subcontractors, or representatives and
arisingout of Rs perFormance of this Agreementexceptwhere the claim, demand, and/or cause
of actionarises solely as a result of tFie negligent acts, errors, or omissions of the indemnified
party, its elected and appointedofficials, employees, or agerrts. In the event that any suft or
claim for damages is brought against the indemnfied party dueto the actionsof the
indemnifying party, theindemnifying party willdefendthe CITY at its sole cost and expense;
provided that the indemnified party retains the right to participate in the said suit ifanyprinciple
of govemmental or publiclaws is-involved; and iffinal judgmerrt be rendered against the
indemned party and/or its officers, ageMs; or employees or any of them, or jointly against the
indemnified party and the indemnifying partyand their representative officers, agents,
employees, or any of them, the indemnifying party agrees to fully satisfy the same and the
indemnifying partyshall reimburse the indemn ed party for any cost and expense which the
indemnified partyhas incurred as a resuk of suchclaimor suit:
Museum Services Agreement
Resolution No.4757 F diibit A
September 30,207 7
Page 8 of 10
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The provisionsof this section shall survive the expirationortermination of this
Agreement as to any suit orclaimed alleged acts, errors, or omissionsoccurring during the term
of this f qreement.
Articte 11. Nondiscrimination.
The SOCIET'1' shall not discriminate regarding any services, membership, staff, or
ac6vities to which this Agreement may apply directlyor indiredly through cordradual, hiring, or
other arrangemerrts on the grounds of race, coior, creed, religion, nationalorigin, gender, age,
or where there is the presenceof any sensory, mental, or physical disabiiity.
Article 12. Insurance.
The SOCIETY SHALLMAINTAIN THROUGHOUT THETERM OF THIS AgreemeM
comprehensive general liabifity insurance in the amount ofone million doliars combinedsingle
limRs per occurrence. The insurance policyshall name the GITY of Aubum as additional
insured. The policy shall reguire a minimum ofthirty (30)daysprior writtennoticeto the CITY of
any cancellation or expiration of the policy or any mod cation of any provisions of the policy.
The SOCIETY shall maintain throughout the termof this agreement no less than one million
dollarscombinedsinglelimits per occurrence Boardand Officer's Liability Insurance for all nine
9) SOCIETY eleded Board members. The CITY shall maintain throughout the tertnof this
agreement no less than one million doilars combined singie limits per occumence Board and
Officer's Liability Insurance for all eight (8) CITY appointees.
Article 73. Assignments.
The CITY and theSOCIETY respectively bind themselves, their partners, successors,
assigns, and legal representatives to theother party to 4his Agreement with respectto all
covenantsto this Agreement. Neither the GITY nor the SOCIETY shall assign this Agreement
withoutthewritten consent of the other party. No othergovemingor management agreemeM
Museum Services Agreement
Resolution.NO.4757 Eidiibk A
September 30,2011
Page 9 oi.10
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for the govemance of the Museum may be signed by the SOCIETY without prior written
agreement by the CITY.
Article 14. General Provision.
This Agreement shall be govemed by any applicable laws, regulations, and ordinances
of the CITY, KingCourrty, the Stateof Washington, and where appiicable, Federal laws.
CITY OF AUBURN
Peter B. Lewis, Mayar
ATTEST:
Danielle E'. Daskam, City Cierk
AP VE O FORM:
an Heid, ' Atto y
MuseumServices Agieement
Resolution No.4757 Exhibk A
September 30,2011
Page 10 of 10
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LEASE
I!ii5 INOEi NRE OF LEASE mada and antared into thl dqy of 1971, by and
botween the City of Auburn, WasMngLon, n owatetpnl eorporation, haretna4ter 11ed
GIT'", aid.the White River Yailey NlatorYcal 5oelety. a nonprofttwrperatton of the
Staia af SdashingWn, haretnaiter cailed "SQUETY";
YITNESSETH: That .
tn corts7demtlon of Lhe premises tt is agreed by the parttes herato as fotlora:
i. Thet the Ltty henby iets and lesses Lo tha Soelety. for the,peMod nt
irinaty-rtt m yean, 4rom and aiter this dste, tLat eertaln tract of land situate riLhtn
r.tis corporate 1lmits of the tlty of Auburn, moro partteulsrly descr Eed as foltaws:
A portlon of 6orernm t Lot 6. Seetton 19. Towhsh7p 21 Morth. Ran 5
Eaet. M.M., tn King Lounty; MasMngton, turSher descrlbad as totlaws:
Wmnancing at ttie North 1/4 orne. Saetton 19. Townshtp 21 NorM.
Range 5 East. M.M.: tpenea.5outli 0'17'99° Its t 531.16 faet along the
West line of e remmeiit lot 6, to the ?nm Po1nt of'Be tenlnpt t eece
South63°08'44" East'i91:89.faei; Llianee SauLh q'12'49 EesL T3.22
feet: thenee MoMb B9°42'21''Hest 1BZ.76 faet. mre or tess. to' the
West lina of satd 6orernment lot 6; LhH11G! N01'N 0'17'° Ea3t 1B7.48
feat nlong tha 1Nst Hne of aald Bovernma t Lot 6, to tlie in e PotnL
oP Beginning: cantaiMng Q.48 ncres anre o less; 1E55 tAaL porEton
for "H" Stre:t Southeast. EXf,EPT the Aortherly 12 feet 4or p lta use.
axl the rental for ths full peMod cf sald lease sha11 be deemed to have been tu]]y paid.
2. The Soetety agrees that it sha71 and w111, at 1ts am eost and expense
praceed rith a11 d111gence W corxtruet end eomqlete. upon Lhe sald iand, a MstoMeal
museum, accnMinq ta plens and speetitutlona prepnred for and on bahatf ot aetd sxleLy
and npproved by C1Ly.
3. Whan the hfstnrical museum 1s constructed and au letad, the Sociaty e9rees
ta merate t c same as a free MstoNcat ne apan to the genenl p lte for tha
kurcose nf preservtng and exhibtt7ng 1stoMeel artifacts end docwents:of the terMtory
ewnracin9the.Mhlte snd Green Rtve Yalleys aed a4/aeenL areas. togeLher wlth ot er
h(atod cal ltems thnt mey be of lnterest W the penonb 71v1ng theteln.
i. The Socteiy shstl kxp and metnSatn LAe MsWHcet musamo.in good orde
and repa9r, et iG am eost and mcpense, ineluding a11 furnlshtngs, flxturos and other
ccesscriez of satd b¢Itding, and shelt 4urrtlsh anttor and aatadlal servlce and
ins•.rance agalnat ftre, ;+tndstorm nnd other atsuattles. In addttlon tbe S6ciety shall
assurte and p v slt utiH ty diargas ineurrad in the.operatlon of sald 4adlilY.
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5. Tha partfes. 1n amktny thls syreemeni. Aeve antared into 1t r1tU the hope a M
beNef that tda uca of dre faelHttee W tie DroWded by the MstaMul museum shell be
of yreat advantage and Deneflt to Me people of tl e City ot.A urn m d cf the surrounding
srees, end they pledpe to each other tAat on elt oassfons, whenend tf questlona aelse
eoawrntnp tlie true lntent and meaMng of thts ayrae nt, Lhat Lhey iAll enEeswr to so
treaL rlth eech other as to give evtdenoe oi the;hlghest good falth end ttiagreetest
eonsid_aratlan eacA for the othar, tn order tl et aua ly and unfortunaLe d1{feiYnoe„mqy
nerer develop heorem„tnem.
6: Io theavent the Sociaty ahal] fa11 to eonstnrct to comp7atlon n Mstorlesl
museim u raqWred Ireretnebore oa tlie D!W'CY desMbed 1n thls .laeae rltbin a peMod
of five (5) yaan fromthe coamencement date tAenof, seld tease shsil terminele end be
of no toroa and effeet thareafter. inaddltton. if, siLer the Soetety has emupvoted
a awseum on the hereineDOra deacribed properqr L shatl fa17 to o rats and me/Main 1t
fo e peNod of two eunseatlreyesn, sueh sAall atao effaet tM termirinLlon ofthls
tease and t7 e premises shall then revertto the C1Ly Logethe wlth e11 strveWres sltuate
tharaon.
7. The SoMetiy agrees Shat tt sAall nuver weke. or underdake t4 aake en assigmos!
of thts lea[e, o a fubtease, or an srrengmoent of eny klnd cdntemplat7ng a use of sald
Ntstortcal museim by thlyd partles for aqy cmmerelal puryose.
8. Thqt tl is lena.supenedes and reDlaoas anq other teases pertaiiiinp.to the
Pro r'kY daserihed herelnabovebetirsan Um par,Nes hareto.
Itl YITHESS IdI{EIIEpF tho partles he*eto Aave aet the1 hends end seale the dqy and
yeer f1rsL hereinabove wMtten.
CIT4 OF AUBURN
A1TESt:
nii/I.Jn...Ha
ty Q
RIYER Y/A LlEY NISTU CJLL SOCIETY
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i
STATE OF W15HIN6TON)
ss.
COIRiTR OFI(INB ) -
On th1 dqy o 19Ji. Eelbre me. q e wMantyired. s Notary Pt lfc tnandforthaS!a uf Yub n , tluly 'mmoissloned and srorn,'peTSOna11y aietlSTANLEYP. E7 and E IIIIAMS. Lo`me knoiin to be tlre tlq or and C1ty rli etispart1YBtjofthetttyofAtmurn, a muntcfpel tofpOrattOn. m d tba arpORitop thsL ezeCULpdehafotagoinglnrtrument. and aelmoMledged th8ti fhe sald 1rnLn ant'to be the {ree androliuiteryactaad.daed of sald mryur"attop. "fo t8e usas and puryusas sheretn eientlmied,anA o0 oeth atated that lhqy are 'authoMzed aed dlreeted to exemLe Lhe satd /nstrumentanAtUattJiesealaffixed, la th¢ "corputate aes7 of eaid wryuraLlon..
6IITNflSS oy handand offtdnt sesl heretc eff7xad the dqy md,yea first aboveNrltten.
n ano e; e o
MasM ton. restdtny at:Autiu'e.
Y .^
STATE OF NASHIYG7pry)
COUHTY OF KIN6
ss.
On tht d4Y o 1971. Eafore oe. tt a wdentgned. a Notnry Pub71e inendfortlie5orhn °, duly issl e .a swrn, perzoeatly appeeredJ. N. 511 6fINE55Y md ma lrnaym Lo 6a eAe.PrasldentendSeu+etary iespeetlre y e ver e qy Ilistorfe'eT Soelety; e'noriproMYorgeMzat7onoftheSLeteofMethtngton, and Ne eoryoretlon lhat:exeeuted tAe pce e_gofng instnomrtt. and.aeknowledged that tha satd 1mLnaa t Lobe tlro f and vp7untaryectenddeedo1safAcorporatlo. for ffie uses and pueposes tAeMn mentlarod.
HITNESS qY hand and otf1c1a7seal hereto afflxed tAe dqy and year T1nt aboveaMtten.
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As revised 12/31/2009
White River Valley Historical Society
By-laws
PURPOSE AND MISSION STATEMENT
The purpose of the White River Valley Historical Society, a 501(c) (3) not-for-profit-
corporation, is to provide public education primarily through activities at the White River
Valley Museum and Olson Farm. Public education is provided through the collection,
preservation, research, interpretation and exhibition of artifacts, documents, and
photographs relevant to the history of the White River Valley region. Events and
objects of state, national and international history if associated and relevant to the
history of the White River Valley are also appropriate for public education. The
geographic region defined as the service area of the Historical Society is as follows: to
the north, Orillia Road; to the west, Military Road; to the south, the northern boarder of
the Pierce County line or the southern boundary of the City of Auburn as it extends into
Pierce County; to the southeast, 400th Road or Wabash Road; and to the east, Lake
Holm Road the Soos Creek Water Shed, and the Upper Green River Valley to Flaming
Geyser park.
I. SOCIETY MEMBERSHIP
A. MEMBERSHIP. Upon receipt of dues any person may be enrolled as a
member of the Society who is interested in the history of the area known by
pioneers as the White River Valley, of south King County, Washington.
B. DUES AND FEES. The schedule for all annual dues and other fees will
be set or modified by the Board.
C. NONDISCRIMINATION. No person shall be discriminated against for
Society membership on the basis of race, color, religion, sex, age or national
origin.
II. GOVERNMENT
A. GENERAL POWERS. The affairs of the Society shall be managed by its
board of directors, (Board).
B. NUMBER. The total Board size is seventeen (17) members. The Board
shall consist of nine (9) Society members elected by the general membership of
the Society, and eight (8) Society members appointed by the City of Auburn.
C. TERMS AND TENURE. The regular term for Board members shall be
three years. Society Board members shall be elected at the Annual Meeting; City
of Auburn Board members shall also be appointed at that time. A Board member
may not hold such office for more than two consecutive terms, but after one year
out of office may be re-elected to the Board.
RES.C
As revised 12/31/2009
D. VACANCIES. Any vacancy occurring in the Board or any directorship to
be filled by reason of an increase in the number of directors shall be filled by the
Board. A director elected to fill a vacancy shall be elected for the unexpired term
of the director’s predecessor in office.
E. OFFICERS. The officers of the Board will consist of a President, Vice
President, Secretary, and Treasurer.
F. ELECTION AND TERM OF OFFICE. Directly after the Annual meeting,
Officers shall be elected by the Board from amongst the current Board members.
Officers shall hold office for one year or for two, one year terms or until their
successor is elected. A Board member may return to office after one year out of
office. In case of a vacancy arising in any office, it may be filled for the un-expired
term by appointment of the Board.
G. BOARD MEMBERS EMERITI. Board Members Emeriti shall be
appointed by the Board to honor their years of service, senior status, and skills as
advisors. Board Members Emeriti are invited to all Board meetings but are not
required to attend and are not allowed to vote. Their opinions may be voiced and
considered during Board meetings.
H. CONFLICT OF INTEREST. Any possible conflict of interest on the part of
a director shall be disclosed to the Board. When any such interest becomes a
matter of Board Action, such director shall not vote or use personal influence on
the matter. The director may, however, briefly state a position on the matter, and
answer pertinent questions of Board members. The minutes of all actions taken
on such matters shall clearly reflect that these requirements have been met.
I. COMPENSATION. Directors shall not receive any salaries for their
services, but by resolution of the Board, expenses of attendance may be allowed
for each regular or special meeting.
J. ANNUAL AUDIT. The WRVHS shall obtain an annual audited financial
statement prepared by an independent Certified Public Accountant. In lieu of an
annual audited financial statement, the President shall appoint a three (3) member
Audit Committee form the Board of Director’s in November of each year. The
committee shall audit the books of record and provide a written report to the
Finance Committee and the Board of Director’s within thirty- (30) days from
completion of the audit.
III. DUTIES OF OFFICERS
A. PRESIDENT. The President shall be the principal executive officer of the
Society. The President shall preside at all meetings of the Society; appoint the
chairpersons of all committees with the assistance of the Board; keep in touch
with these committees to see that their duties are carried out promptly, correctly,
and in proper coordination with each other; meet regularly with the Museum
Director to assure that day to day management follows the Board’s plans; and
make and carry out plans for the growth and progress of the Society.
RES.C
As revised 12/31/2009
B. VICE PRESIDENT. The Vice President shall assist the President in the
discharge of the President’s duties as the President may direct, and shall perform
such other duties as may be assigned by the President or Board. The Vice
President shall assume the duties of the President in case he/she is absent.
C. SECRETARY. The Secretary shall be responsible for the minutes of all
Board meetings; shall record attendance; issue notices in accordance with the
bylaws or as required by law; and assure that meetings comply with the State of
Washington Open Meeting Law. In the absence of the Secretary, the President
can appoint a person to act as Secretary for that meeting. The Secretary will
review the bylaws for currency on a biannual basis.
D. TREASURER. The Treasurer shall be the principal accounting and
financial officer of the Society and shall serve as chairperson of the Finance
Committee; and perform all duties incident to the office of treasurer and such
other duties as may be assigned by the Board President. The Treasurer and the
Finance Committee shall provide monthly reports of financial status to the Board
for their approval.
E. ATTENDANCE. Officers and Board members who are unexcused from
more than three consecutive meetings of the Board, or who fail to carry out their
duties promptly and efficiently, may be removed by a majority vote of the Board,
and shall be notified by the President.
F. SUCCESSION. At close of his/her term of office, each officer shall turn
over all records of office to his or her successor.
IV. EMPLOYED STAFF
A. MUSEUM DIRECTOR. As set forth in the Museum Services Agreement,
the City of Auburn shall employ a Museum Director who shall be the chief
operational officer of the Society. Subject to the Board, the Museum Director shall
have general direction over the operations of the Society; shall implement all
policies of the Board; shall submit to the Board or its committees such reports as
the Board may require; shall assist in the preparation of an annual budget for
presentation to and adoption by the Board; shall assure that personnel policies in
the museum mirror those of the City of Auburn; provide staff support to the Board;
and shall perform such other functions as the Board may direct. The Museum
Director (or his/her designee) shall attend all meetings of the Board and its
committees without vote. The Museum Director shall report directly to the City of
Auburn Director of Park, Arts, and Recreation.
B. EMPLOYEES OF THE CITY. As set forth in the Museum Service
Agreement the City of Auburn shall employ personnel in addition to the Museum
Director as needed to staff the Museum. The City staff employed at the museum
shall report directly to, and are accountable to the Museum Director or his/her
designates.
RES.C
As revised 12/31/2009
C. EMPLOYEES OF THE SOCIETY. Such employed staff as may be
necessary to support the organization shall be hired and discharged by the
Museum Director and paid by the Society. The employed staff shall report directly
to, and are accountable to the Museum Director or his/her designates. The
employees of the Society shall be managed following personnel policies that as
closely as is practically possible mirror those of the City of Auburn.
V. MEETINGS
A. PROCEDURE. Robert’s Rules of Order, current edition, shall govern all
matters of procedure not covered in these bylaws.
B. ANNUAL MEETING. An Annual Meeting shall be held each December
during which new Board members are elected. Officers will be selected by the
Board directly following the Annual Meeting.
C. BOARD MEETINGS. The Board of Directors shall meet at least
bimonthly. The Board shall hold meetings as needed, upon call of the President
or of the Secretary, or any three members of the Board.
D. QUORUM. Those present or by proxy at an Annual or other membership
meeting shall constitute a quorum. Five board members including the presiding
officer, secretary or clerk designee and board members is considered a quorum
for board meetings.
E. OPEN MEETINGS. All Board and Annual Meetings will comply with the
State of Washington Open Meeting Law.
F. CLOSED MEETINGS. Closed meetings may be held to consider matters
relating to individual employees, proprietary information, litigation, and other
matters requiring the confidential advice of counsel, commercial or financial
information obtained from a person on a confidential basis, or the purchase of
property or services whenever the premature exposure of such purchase would
compromise the business interest of the Society.
G. VOTING PROCEDURE. Each Member of the Society shall at every
Annual Meeting be entitled to one vote per issue. Each Member of the Board
shall at every Board meeting be entitled to one vote per issue. All votes may be
given in person or by proxy. Proxy votes may be made in writing to be presented
as such time as the in-person votes are being counted. Key matters will be
decided by vote that may be taken by voice, show of hands, or by ballot.
VI. COMMITTEES
A. STANDING COMMITTEES. Standing committees of the Board may
include Collections, Nomination, Finance, Public Relations, and such other
committees as deemed necessary by the Board. At least one Board member
RES.C
As revised 12/31/2009
shall be appointed to each committee, and one employee of the Museum shall
staff each committee.
B. TASK FORCES. Short-term assignments may be given to a group
appointed by the President. These Task Forces shall be assigned a specific
project, with a completion date.
VII. NOMINATING COMMITTEE.
A. The Society President shall appoint a Nominating Committee of no less
than three persons to make recommendations to fill the upcoming year Board
vacancies.
B. The slate shall be announced at the November Board meeting.
VIII. ARTIFACT COLLECTIONS
A. ARTIFACT DONATION. People may donate historical materials to the
White River Valley Museum for which a receipt shall be issued. All gifts are made
without restrictions, per the museum’s Deed of Gift Policy.
B. COLLECTIONS POLICIES. The artifact collection will be managed by
strict adherence to the Society’s Collection Policy and the Society’s Native
American Collections Policy.
C. ARTIFACT LOAN. Artifacts may be loaned or borrowed for display with
other museums. Loans shall be managed in strict compliance to the museum’s
Collections Policy.
IX. INDEMNIFICATION OF BOARD MEMBERS AND OFFICERS
A. BOARD AND OFFICERS LIABILITY INSURANCE. The Society will
indemnify to at least one million dollars, each Board member and Officer, holding
harmless from claims assessed against said Board member or Officer because of
his or her role as Board member or Officer, except where such expenses, costs,
and attorney’s fees are proven to have been incurred through that Board
Member’s or Officer’s malfeasance.
X. MANNER OF WRITTEN NOTICE
A. Any notice in writing required by law or by these by-laws to be given to
any person may be delivered personally, by email, or may be given by depositing
the same in the post office or letter box in a postpaid envelope addressed to such
person at such address as appears on the books of the Society. Notice my mail
or email shall be deemed to be given at the time when the same shall be mailed.
XI. MISCELLANEOUS
A. CONTRACTS. The Board may authorize any officer or agent of the
Society, in addition to the officers authorized by the bylaws, to enter into any
contract or execute and deliver any instrument in the name of, and on behalf of,
the Society. Such authority may be general or confined to specific instances.
RES.C
As revised 12/31/2009
B. CHECKS, DRAFTS, ETC. All orders for the payment of money, or
evidences of indebtedness issued in the name of the Society, shall be signed by
such Society officers or agents as the Board shall determine. In the absence of
such a determination, such instruments shall be signed by the treasurer or
bookkeeper and countersigned by the Director or other Board member.
C. DEPOSITS. All Society funds shall be deposited to the credit of the
Society in such banks, or other depositaries as the Board may select.
D. GIFTS. The Board may accept on behalf of the Society any contribution,
gift, bequest or devise for the general, or for any special Society purpose.
E. RECORDS. The Society shall keep, at the museum office complete
books of account, minutes of the proceedings of directors and committees having
any authority of the Board, and a record with the names and addresses of
directors. All Society records may be inspected by any director, or the director’s
agent or attorney for any proper purpose at any reasonable time.
F. FISCAL YEAR. The fiscal year of the Society shall end on December 31
of each year.
XII. AMENDMENTS
A. BYLAW AMENDMENT PROCEDURE. The Secretary shall review the
bylaws on a biannual basis. Amendments to these bylaws may be proposed in
writing, and filed with the Secretary at any Board Meeting. The proposed
amendments shall be read by the Secretary and may be discussed. No action
may be taken on such amendment until the next following Board Meeting, due
notice thereof being given to all members at least two weeks prior to such
meeting. Or, the proposed amendments may be mailed to Board Members for
their review before a Board Meeting at which time subsequent discussion and
action shall be taken on that amendment. An amendment shall be adopted by a
favorable vote of two-thirds of the members present.
B. SUBMITTAL TO CITY OF AUBURN. Any proposed changed to Society
bylaws, policies or procedures which conflict with the terms of the Museum
Services Agreement with the City of Auburn must be submitted to the City of
Auburn in writing for review and must be adopted by mutual consent of the Society
and City.
Revised and Dated: 12/31/2009
By Board Approval
RES.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4762
Date:
November 2, 2011
Department:
Human Resources
Attachments:
Resolution 4762
RES 4762 Agreement
Agreement to Exchange Real Property
Slope Easement
Right of Way Dedication Deed
Utility Easement
Water & Storm Drainage Easement
Recreational Use Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution 4762.
Background Summary:
City Council authorize the Mayor and City Clerk to execute agreements between the City
of Auburn and State of Washington for an exchange of property and for joint use and
maintenance of property.
A3.12.4, O5.1.2
Reviewed by Council Committees:
Finance, Planning And Community Development
Councilmember:Backus Staff:Heineman
Meeting Date:November 7, 2011 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D
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Resolution No. 4762
October 12, 2011
Page 1 of 3
RESOLUTION NO. 4 7 6 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DECLARING
CERTAIN CITY PROPERTY AS SURPLUS, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AGREEMENTS BETWEEN THE CITY OF
AUBURN AND THE STATE OF WASHINGTON FOR
AN EXCHANGE OF PROPERTY AND FOR JOINT
USE AND MAINTENANCE OF PROPERTY
WHEREAS, the City owns Lea Hill Park, which is currently developed for
a softball and baseball diamond, tennis courts, and associated parking. It is
primarily used by the State for intercollegiate sports activities; and
WHEREAS, the State owns a parcel of land collectively referred to as the
Martin property; and
WHEREAS, the State is a primary user of Lea Hill Park and has made
improvements to the facility. The State and the City cooperatively maintain Lea
Hill Park; and
WHEREAS, the City and State desire to exchange the aforementioned
properties in furtherance of the long-term interests of the City and State; and
WHEREAS, The City and State, through the Green River Community
College, wish to amend and extend their current Agreement for joint use and
maintenance of their respective facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
RES.D
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Resolution No. 4762
October 12, 2011
Page 2 of 3
Section 1. The City property known as Lea Hill Park, more particularly
described at Exhibit “A” is declared to be surplus.
Section 2. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and the State of Washington for the exchange of the Lea Hill Park property with
State-owned property known as the “Martin Property,” more particularly
described in Exhibit B, which Agreement shall be in substantial conformity with
the Agreement attached hereto as Exhibit “C.”
Section 3. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and Green River Community College for Recreation Facility Use, which
Agreement shall be in substantial conformity with the Agreement a copy of
which is attached hereto, marked as Exhibit “D” and incorporated herein by this
reference.
Section 4. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 5. This resolution shall be in full force and effect upon
passage and signatures hereon.
RES.D
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Resolution No. 4762
October 12, 2011
Page 3 of 3
Dated and signed this _____ day of _________________, 2011
CITY OF AUBURN
_______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
RES.D
Project No. 09-11-054
AFTER RECORDING RETURN TO:
Department of Enterprise Services
Facilities Division, Real Estate Services
P. O. Box 41015
Olympia, Washington 98504-1015
Document Title: Agreement to Exchange Real Property
State: State of Washington, Green River Community College, Acting through the Department of Enterprise
Services
City: City of Auburn
Legal Description: Portion Section 9, Township 21 North, Range 5 East,Willamette Meridian.
Assessor’s Tax Parcel Number: 0921059020, 0921059018, 0921059228 & a portion of 0921059229
AGREEMENT TO EXCHANGE REAL PROPERTY
THIS AGREEMENT TO EXCHANGE REAL PROPERTY (“Agreement”) is made by and between the State of
Washington, State Board for Community and Technical Colleges, Green River Community College, acting through
the Department of Enterprise Services, Facilities Division, Real Estate Services (“State”) and the City of Auburn, a
municipal corporation (“City”).
WITNESSETH:
A. WHEREAS, the City owns Lea Hill Park. The Park is an 8.97 acre site, located on S. 320th Street and
124th Avenue in the Lea Hill neighborhood. This site is currently developed for a softball and baseball
diamond, tennis courts, and associated parking. It is primarily used by the State for intercollegiate
sports activities. The existing park needs significant improvement, as identified in the City’s adopted
Parks & Recreation Plan, and does not serve neighborhood needs well.
B. WHEREAS, the City acquired Lea Hill Park from King County in 2002. The deed contains a
covenant that the property will be used in perpetuity for park or recreation purposes unless other
equivalent lands or facilities are received in exchange and the replacement lands or facilities are
likewise to be used in perpetuity for park or recreation purposes.
C. WHEREAS, the State owns a parcel of land collectively referred to as the Martin property. The
Martin property is a 5.26 acre site located on 124th Avenue between Lea Hill Park and 316th Street. A
residence and outbuildings occupy a portion of the site.
D. WHEREAS, the State is a primary user of Lea Hill Park and has made improvements to the facility.
The State and the City cooperatively maintain Lea Hill Park.
E. WHEREAS, the City and State desire to exchange the aforementioned properties in furtherance of the
long-term interests of the City and State.
F. WHEREAS, The City will transfer ownership of Lea Hill Park to the State in exchange for the Martin
property and the College’s contribution of $1.5 million toward athletic improvements that the City will
have constructed on the Martin property in the course of relocating that Lea Hill Park to that site.
Page 1 of 9
RES.D
Project No. 09-11-054
The park improvements will include one or more sports fields that the City will make available for
joint City and College use. The Martin property together with the College’s contribution of $1.5
million is considered to be of equal value and function to the existing Lea Hill Park property. The
value of the property and contribution to improvements has been established by appraisal(s) performed
by an MAI appraiser mutually selected by the parties. The City and State will each hold an equal and
undivided interest in the new park constructed on the Martin property.
G. WHEREAS, the new park will be subject to the aforementioned covenant regarding use and
replacement, and the State and City agree to be bound by the terms of this covenant.
H. WHEREAS, the State and the City will be equivalent co-owners of the newly created and relocated
Lea Hill Park. The City will demolish the existing structures on the Martin property and design and
construct the park. The State will reimburse the City for the incurred expenses in a phased manner as
each phase is completed and invoiced. The improvements will be consistent with the approved Lea
Hill Park Master Plan as developed by the City of Auburn. The State’s reimbursement for expenses
incurred shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00).
I. WHERERAS, in those places in this Agreement where the terms “buyer” and “seller” are used, the
State will be considered the seller of the Martin property and the City the buyer, and the City will be
considered the seller of the Lea Hill property and the State the buyer.
NOW THEREFORE, in order to accomplish the exchange of State’s property for the City’s Property, the State
and the City agree as follows:
1. Sequence of Events. The Parties agree to proceed in the following sequence:
a. The Agreement to Exchange Real Property shall be fully executed.
b. The exchange of property is also subject to the following having been completed
prior to the closing of the exchange of properties:
i. Receipt of a preliminary title reports and any updated title
commitments by the buyer for each parcel.
ii. Final review and approval of the Office of the Attorney General of the
State of Washington.
iii. Final review and written approval of the State Board for Community
and Technical Colleges.
iv. Final review and written approval by the State.
v. Final review and written approval by the City.
vi. Approval of King County of the transfer of the park covenant from the
current location of the Lea Hill Park to proposed new location of the
Lea Hill Park on the Martin property.
c. The parties agree to execute and deliver Quitclaim Deeds for their respective
property described in Exhibit A & B, free and clear of all liens, encumbrances,
easements, or any other title exceptions save those exceptions, public utility
easements, and other matters, which the parties have accepted. Based upon all
exceptions shown on the preliminary title reports or any updated reports provided
at least 60 days prior to closing, either party shall notify the other of any
objections to title in writing at least 30 days prior to closing. Failure to so notify
the other party of any objection to any such exception to title shall be deemed to
be acceptance of the exception. If within 15 days prior to closing the party so
notified does not agree in writing to cure or to insure over said exception(s), the
Page 2 of 9
RES.D
Project No. 09-11-054
objecting party may no later than 5 days before closing terminate this Exchange
Agreement, by written notice, whereupon neither party shall have any further
rights or liabilities hereunder except that each shall equally share any costs of the
escrow service owed upon cancellation. If the buyer does not within five (5) days
of closing notify the seller it will terminate or the seller does not agree to cure or
insure the exception within five (5) days prior to the closing, the buyer will be
deemed to have accepted such exception and the parties will proceed to close this
exchange including that exception.
d. The buyer of each property shall have the right to object to any exception
contained in a title commitment that is identified prior to closing but was not
contained in the preliminary title report or any update provided to the buyer at
least 60 days before closing. If the seller does not agree in writing to cure or
insure over any such exception prior to the day set for closing, the buyer shall
have the right not to proceed with closing.
2. Utilities. All utilities such as electricity, water, gas, oil, and real property taxes shall be
prorated to the date of closing.
3. Assessments. Any special assessments, L.I.D. assessments and R.I.D. assessments, which are
levied against the property described in Exhibit A & B at the time of closing, shall be paid in
full by the responsible party.
4. Condition of Title. Both parties hereby agree from and after the date hereof until the
termination of this Agreement or the execution of the exchange of properties, that (i) they will
take no action that will adversely affect title to or development of the properties, (ii) they will
not mortgage, encumber or permit the encumbrance of all or any portion of the properties
without the other party’s prior written consent; and (iii) they will not enter into any written or
oral contracts or agreements with respect to the properties.
5. Date of Closing. Closing of this transaction shall occur in the offices of the Closing Agent on
or before________________. For purposes of this Exchange Agreement, closing shall have
occurred when all appropriate documents are recorded.
6. Closing. This Exchange Agreement shall be closed through escrow through
_______________ whose address is __________________.
7. Closing Costs. The State shall pay the following costs and expenses in connection with this
transaction:
a. State’s attorneys’ fees.
b. All escrow fees.
c. All special assessments, L.I.D. assessments, and R.I.D. assessments levied on the
property described in Exhibit A, if any, shall be paid in full.
d. Real property taxes, if any, which shall be prorated to the date of closing for
Property described in Exhibit A.
e. Transfer taxes due on the conveyance of Property described in Exhibit A, if any.
f. Title insurance premium or abstract fee and sales tax thereon property described in
Exhibit A, if any.
g. Costs and fees associated with recording documents with the County Auditor’s
office.
Page 3 of 9
RES.D
Project No. 09-11-054
The City shall pay for the following costs and expenses in connection with this transaction:
a. City’s attorney’s fees.
b. Real property taxes, if any, which shall be prorated to the date of closing for
Property described in Exhibit B.
c. All special assessments, L.I.D. assessments and R.I.D. assessments levied on the
Property described in Exhibit B, if any, shall be paid in full.
d. Title insurance premium or abstract fee and sales tax on property described in
Exhibit A, if any.
8. Real Estate Brokerage Fees. Neither Party will utilize a commercial real estate agent or
broker on this transaction.
9. Government Approval. If the approval of any governmental agency is required for the
exchange of said Properties, it is understood and agreed that this Exchange Agreement is
subject to obtaining such approval. The parties shall use their best efforts and take all steps
necessary to obtain such governmental approval.
10. Survey; Subdivision. In the event a city, county, or other governing authority having
jurisdiction of said properties requires a survey or plat or has a subdivision ordinance, the
parties shall, at the parties’ own expense, comply with such ordinance and take all steps
necessary to obtain such survey, plat or subdivision. The parties agree to cooperate in
obtaining the necessary approvals.
11. Possession. The State shall be entitled to possession of the Property described in Exhibit B
upon the Date of Closing, subject only to such matters approved in writing by the State. The
City and the State shall be entitled to joint possession of the Property described in Exhibit A
upon the Date of Closing, subject only to such matters approved in writing by the parties.
12. Time is of the Essence. Time is of the essence in the performance of any obligations pursuant
to this Exchange Agreement. Failure of either party to insist upon the strict performance of
the other party’s obligation hereunder shall not constitute a waiver of strict performance
thereafter of all of the other party’s obligation hereunder.
13. Notices. Any notices required or permitted to be given shall be in writing and delivered
either in person or by certified mail, return receipt requested, postage prepaid, addressed as
follows or to such other address as may be designated by either party.
STATE: State of Washington
Department of Enterprise Services, Facilities Division, , Real Estate
Services
1500 Jefferson Street SE
PO Box 41015
Olympia, WA 98504-1015
CITY: City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Copy to: Green River Community College
ATTN: Rick Brumfield , Vice President of Business Affairs
12401 SE 320th Street
Auburn, Washington 98092-3622
Page 4 of 9
RES.D
Project No. 09-11-054
Any notice given pursuant to this Exchange Agreement shall be deemed effective the date it
is personally delivered or three (3) business days after the date it is deposited in the United
States Mail.
14. Legal Relations. Each party to this agreement shall be responsible for injury to persons or
damage to property resulting from negligence on the part of itself, its employees, its agents,
or its officers. Neither party assumes any responsibility to the other party for the
consequences of any act or omission of any their party.
15. Protective Covenant. The Quit Claim Deed transferring half ownership of the property to the
City shall contain a covenant that is intended to be running with the land and whereby
burdening and benefitting the party’s successors and assigns. The City shall covenant that the
property shall continue to be used in perpetuity for a park or recreation purposes unless other
equivalent lands or facilities within the city are received in exchange therefore and the
replacement lands or facilities are used in perpetuity for park or recreation purposes, as
shown on Exhibit “C”, which is attached and incorporated herein.
16. Non-Foreign Affidavit. The parties are not foreign person(s) as the term is used and defined
in Section 1445 of the Internal Revenue Code, as amended, and the regulations promulgated
thereunder. The parties shall, upon request of the other, complete an affidavit to that effect.
17. Environmental Concerns. The parties warrant that no hazardous substance, toxic waste, or
other toxic substance has been produced, disposed of, or has been kept on the Properties
described in Exhibit A and B which, if found on the Property, would subject the owner or
user to any damages, penalty, or liability under an applicable local, state, or federal law or
regulation. The parties shall be responsible for all damages, costs, attorneys’ fees, and
penalties arising from the presence of such substances that occurred prior to closing on the
respective properties on which they are a seller. If such a substance is discovered on one of
the properties prior to closing, the buyer shall have the right to terminate this agreement;
however, this right is not meant to limit any remedy that the buyer may have to rescind the
exchange if the substance were discovered after closing but present before closing. This
provision shall survive closing.
18. Assignment. Each party agrees that this instrument and all rights, title and interest are fully
assignable to other governmental entities.
19. Default; Remedies; Specific, Performance. In the event of material breach or default in or of
this Agreement or any of the representations, warranties, terms, covenants, conditions or
provisions hereof by the parties, the parties shall have, in addition to a claim for damages
from such breach or default and without prejudice to any other right or remedy available
under this Agreement or at law or in equity, the right to (a) demand and have specific
performance of this Agreement; (b) demand injunctive relief to enforce any provision of this
Agreement; or (c) terminate this Agreement upon written notice without any additional
liability to the parties and shall be entitled to a full refund of any payments outlined herein.
In the event of a non-material breach or default in or of this Agreement or any of the
representations, warranties, terms, covenants, conditions or provisions hereof by the parties,
the parties only remedy shall be a claim for damages.
20. Condition of Title. Each of the parties hereby agree from and after the date hereof until the
termination of this Agreement or the closing of the sale of the Property, that (i) it will take no
action that will adversely affect title to or development of the Properties; (ii) it will not
mortgage, encumber or permit the encumbrance of all or any portion of the Properties without
Page 5 of 9
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Project No. 09-11-054
the respective parties prior written consent; and (iii) it will not enter into any written or oral
contracts or agreements with respect to the Properties.
21. Merger of Prior Agreements. This Agreement and the exhibits hereto constitute the entire
agreement between the parties with respect to the exchange of the Properties and supersedes
all prior and contemporaneous agreements and understandings between the parties hereto
relating to the subject matter hereof.
22. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and
negotiated, and represents the combined work product of both parties hereto. No
presumption or other rules of construction, which would interpret the provisions of this
Agreement in favor of or against the parties preparing the same, shall be applicable in
connection with the construction or interpretation of any of the provisions of this Agreement.
23. No Waiver of Eminent Domain Power. Nothing in this Agreement shall constitute, or be
construed as constituting, any limitation upon the parties or any waiver by the parties with
respect to its exercise of the power of eminent domain in connection with the respective
properties.
24. Severability. In case any one or more of the provisions contained in the Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
25. Remedies Cumulative. Except as otherwise expressly provided herein, the rights and
remedies given herein to the parties shall be deemed cumulative, and the exercise of one or
more of such remedies shall not operate to bar the exercise of any other rights reserved to the
parties under the provisions of this Agreement.
26. Damage to Real Property. If prior to the Closing Date, all or any portion of the property to be
conveyed is damaged, destroyed or rendered inoperative (collectively "Damage" but not
including demolition that parties agree upon) by fire, natural elements, or other causes for
which the buyer is not responsible, then the buyer may by giving written notice terminate this
Agreement and cancel the purchase of the Property, and in which case, neither buyer or seller
shall have any further rights against or obligations to the other under this Agreement, which
specifically survive termination of this Agreement. If buyer elects to proceed to close and
purchase the Real Property then seller shall assign to buyer all of proceeds payable, if any, as
a result of such Damage.
27. Title Information. Unless otherwise notified by the State in writing, City shall convey the
Property described in Exhibit B to the State as follows: State of Washington, State Board
for Community and Technical Colleges, Green River Community College. Unless
otherwise notified by the City in writing, the State shall convey one half ownership interest in
the Property described in Exhibit A to the City as follows: City of Auburn, a municipal
corporation and the State shall retain half ownership in the property.
28. Entire Agreement. All understandings and agreements previously existing between the
parties, if any, are merged into this Exchange Agreement, which alone fully and completely
expresses their agreement, and the same is entered into after full investigation, neither party
relying upon any statement or representation made by the other not embodied herein. This
Exchange Agreement may not be changed or terminated orally.
Page 6 of 9
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Project No. 09-11-054
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names.
CITY OF AUBURN STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
By:
Peter B. Lewis Acting through the Department
of Enterprise Services
Title: Mayor
By:
Howard S. Cox, Chief Property Officer
Date: Facilities Division, Real Estate Services
APPROVED AS TO FORM Date:
By:______________________________________
Dan Heid, City Attorney By:
Jane Rushford, Deputy Director
Date:_____________________________________
Date:
APPROVED AS TO FORM:
By:
Assistant Attorney General
Date:
Page 7 of 9
RES.D
Project No. 09-11-054
STATE OF )
) ss.
County of )
On this day of , A.D., 20 , before me personally
appeared to me known to be the
of the corporation that executed the within and foregoing instrument and acknowledged the 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
________ was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said
corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this day of
20 , personally appeared before me HOWARD S. COX, Facilities Division, Real Estate Services, Department of
Enterprise Services, State of Washington, to me known to be the individual described in and who executed the within
instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the
Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said
document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
Page 8 of 9
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Project No. 09-11-054
Page 9 of 9
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this day of
, 20 , personally appeared before me JANE RUSHFORD, Deputy Director,
Department of Enterprise Services, State of Washington, to me known to be the individual described in and who
executed the within instrument, and acknowledged that she signed and sealed the same as the free and voluntary act and
deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to
execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
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10/18/2011http://10.10.3.110/GEOCORTEX/ESSENTIALS/RESTLIVE/REST/TempFiles/Export.p...
RES.D
After recording return document to:
City of Auburn
ATTN: City Clerk
25 West Main Street
Auburn, Washington 98001-4998
Document Title: Slope Easement FAC I 0·0005
Grantor: State of Washington, State Board. For Community and Technical Colleges, Green
River Community College, acting through the Department of Enterprise Services
Grantee: City of Auburn
Legal Description: SW ¼ S9-T21N-R5E
Assessor's Tax Parcel Number: a portion of 092105-9020
SLOPE EASEMENT
The Grantor, State of Washington, State Board for Community and Technical
Colleges, Green River Community College, acting through the Department of
Enterprise Services for and in consideration of mutual and offsetting benefits, does
hereby quitclaim and convey unto the City of Auburn. a municipal corporation of
the State of Washington, and its agents or assigns a permanent, non-exclusive slope
easement over, under, upon and across the real property described in Exhibit "A"
attached hereto and incorporated by this reference, together with the rights of ingress
and egress. for the purpose of constructing and maintaining the slope improvements to be
constructed by Grantee, including grading, stock piling, excavating and restoring the real
property and/or the slope improvements.
The slope easement is described in Exhibit "B" attached hereto and incorporated by
these references.
Upon completion of construction of the slope improvements, Grantee shall restore the
easement area to a condition as close as reasonably possible to its pre construction
condition while maintaining the integrity of the slope improvements, or to such other state
of restoration as mutually agreed upon by the parties.
Grantor shall not perform any activities that may damage improvements bu ilt or
constructed within the easement areas, including the planting of vegetation with
damaging root structures or performing any excavation that would have the effect of
weakening the support said improvements.
Said Grantee shall have the right, without prior institution of any suit or proceeding at law,
at times as may be necessary to enter upon said easement for the purpose of constructing
roadway improvements without incurring any legal obligation or liability therefore,
RES.D
Slope Easement
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provided that such construction shall be accomplished in such a manner that existing
improvements shall not be disturbed or destroyed, or in the event they are disturbed or
destroyed, they will be replaced in as good a condition as they were immediately before
the property was entered upon by the Grantee,
The parties intend that the benefits, burdens, and obligations set
forth in this Easement shall run with the land and shall be binding on the
successors, heirs and assign of parties hereto.
Dated this ___________ day of ____________________, 2011.
ACCEPTED BY: STATE OF WASHINGTON, State Board for
Community and Technical Colleges, Green
River Community Colleges,
By:
Dennis R. Dowdy acting through the Department of Enterprise
Services
Title:
Howard S. Cox, Chief Property Officer
Division of Facilities, Real Estate Services
Date:
Date:
Jane Rushford, Deputy Director
Title:
Date:
APPROVED AS TO FORM:
By:
Assistant Attorney General
Date:
RES.D
Slope Easement
Page 3 of 7
STATE OF WASHINGTON )
)ss.
COUNTY OF THURSTON )
I, the undersigned, a Notary Public, do hereby certify that on this day of ,
20 , personally appeared before me HOWARD S. COX, Chief Property Officer, Division of Facilities, Real
Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual
described in and who executed the within instrument, and acknowledged that he signed and sealed the same as
the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath
stated that he was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington
Residing at
My appointment expires
STATE OF WASHINGTON )
)ss.
COUNTY OF THURSTON )
I, the undersigned, a Notary Public, do hereby certify that on this day of ,
20 , personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise
Services, State of Washington, to me known to be the individual described in and who executed the within
instrument, and acknowledged that she signed and sealed the same as the free and voluntary act and deed of the
Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to
execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington
Residing at
My appointment expires
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Slope Easement
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Water and Storm Drainage Easement
Page 1 of 8
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
WATER AND STORM DRAINAGE EASEMENT
FAC10-0005
Reference # (if applicable): N/A
Grantor/Borrower: State of Washington, State Board for Community
and Technical Colleges, Green River Community
College, acting through the Department of
Enterprise Services
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW ¼ S9 – T21N – R5E
Assessor’s Tax Parcel ID#: a portion of 092105-9020
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, and for benefits to
be derived by the Grantor herein, Grantor, Green River Community College hereby
conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of
King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement
under, over, through and across the following described real property (“Easement Area”)
for the purpose of laying, maintaining, and installing water main line, storm drainage
line, storm drainage treatment wet-pond, AND APPURTENANCES THEREOF, said
Easement Area being a portion of the above-designated Tax Parcel (“Parent Parcel”), and
described as follows:
SEE EXHIBITS “A” AND “B”, ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Said Grantee shall have the absolute right, at times as may be necessary, for
immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
RES.D
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Page 2 of 8
Said Grantee shall have the absolute right to place any type of driving surface
within said Easement Area deemed necessary by the Grantee.
Said Grantor shall not in any way block, restrict or impede access and egress to or
from said Easement Area, and/or in any way block, restrict or impede full use of the real
property within the above-described Easement Area by said Grantee for the above-
described purposes. No building, wall, rockery, fence, trees or structure of any kind shall
be erected or planted, nor shall any fill material be placed within the boundaries of said
Easement Area, without the express written consent of the City. With City permission,
Grantor may fence across said Easement Area and/or along the boundaries of said
Easement Area, provided that a gate is constructed in said fence. Said gate shall be of
sufficient length and location to allow the Grantee full use of, and access and egress to and
from the Easement Area. If said gate is to be locked, keys shall be provided to the
Grantee.
No excavation shall be made within three (3) feet of said water or storm service
facilities and the surface level of the ground within the Easement Area shall be maintained
at the elevation as currently existing.
Said Grantor grants to the City the right of ingress and egress to the Easement
Area over and across all paved, graveled, or otherwise improved driveways or parking lots
within the Parent Parcel. If direct access to the Easement Area is not available from such
driveways or parking lots, the City’s right of ingress and egress shall include such other
areas within the Parent Parcel as the City determines are necessary to access the Easement
Area from such driveways and parking lots or from the Parent Parcel’s boundaries. In the
case of any damage or disruption of the Parent Parcel, the City shall return the property to
a condition reasonably comparable to its condition as it existed immediately before entry
and/or work was made thereon by the City or its agents.
Said Grantor additionally grants to the City, the use of such additional area
immediately adjacent to said Easement Area as shall be required for the construction,
reconstruction, maintenance and operation of said water or storm facilities. The use of
such additional area shall be held to a reasonable minimum and in the case of any damage
or disruption of the Parent Parcel, the City shall return the property to a condition
reasonably comparable to its condition as it existed immediately before entry and/or work
was made thereon by the City or its agents. In addition to the other restrictions herein,
Grantor shall not convey to a third party any easement or other right of usage in the Parent
Parcel that would impair or limit the City’s use of the Easement Area.
This Easement shall be a covenant running with the Parent Parcel and burden said
real estate, and shall be binding on the successors, heirs and assigns of all parties hereto.
RES.D
Water and Storm Drainage Easement
Page 3 of 8
IN WITNESS WHEREOF, the parties subscribe their names.
STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
Acting through the Department of
Enterprise Services
Howard S. Cox, Chief Property Officer
Facilities Division
Real Estate Services
Date:
Jane Rushford, Deputy Director
Date:
APPROVED AS TO FORM:
By:
Assistant Attorney General
Date:
RES.D
Water and Storm Drainage Easement
Page 4 of 8
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of
____________________, 20______, personally appeared before me HOWARD S. COX, Chief Property
Officer, Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington, to
me known to be the individual described in and who executed the within instrument, and acknowledged that he
signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses
therein mentioned, and on oath stated that he was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of
____________________, 20______, personally appeared before me JANE RUSHFORD, Deputy Director,
Department of Enterprise Services, State of Washington, to me known to be the individual described in and who
executed the within instrument, and acknowledged that she signed and sealed the same as the free and voluntary
act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was
duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
HS/tlb
File: #1290
REF: H:\Development\Projects\GRCC - 124TH ST IMP\Legal Documents\2011
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Utility Easement
Page 1 of 7
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
UTILITY EASEMENT
FAC10-0005
Reference # (if applicable): N/A
Grantor/Borrower: State of Washington, State Board for Community
and Technical Colleges, Green River Community
College, acting through the Department of
Enterprise Services
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW ¼ S9 – T21N – R5E
Assessor’s Tax Parcel ID#: A portion of 092105-9020
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, and for benefits to
be derived by the Grantor herein, Grantor, Green River Community College hereby
conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of
King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement
under, over, through and across the following described real property (“Easement Area”)
for the purpose of laying, maintaining, and installing street lighting cabinet,
telecommunications pull box, AND APPURTENANCES THEREOF, said Easement
Area being a portion of the above-designated Tax Parcel (“Parent Parcel”), and described
as follows:
SEE EXHIBITS “A” AND “B”, ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Said Grantee shall have the right, at times as may be necessary, for immediate
entry upon said Easement Area for the purpose of maintenance, inspection, construction,
repair or reconstruction of the above improvements without incurring any legal obligation
or liability for said entry that is not caused by the Grantee’s negligence.
Said Grantee shall have the right to place any type of driving surface within said
Easement Area deemed necessary by the Grantee.
RES.D
Utility Easement
Page 2 of 7
Said Grantor shall not, in any way block, restrict or impede full use of the real
property within the above-described Easement Area by said Grantee for the above-
described purposes. No building, wall, rockery, fence, trees or structure of any kind shall
be erected or planted, nor shall any fill material be placed within the boundaries of said
Easement Area, without the express written consent of the City. With City permission,
Grantor may fence across said Easement Area and/or along the boundaries of said
Easement Area and the Parent Parcel, provided that a gate is constructed in said fence.
Said gate shall be of sufficient length and location to allow the Grantee full use of, and
access and egress to and from the Easement Area. If said gate is to be locked, keys shall
be provided to the Grantee.
Without the written approval of the Grantee, the Grantor shall make no excavation
within three (3) feet of said lighting or telecommunications service facilities or change the
surface level of the ground within the Easement Area from the current elevation. The
Grantee shall not unreasonably withhold such approval.
Said Grantor grants to the City the right of ingress and egress to the Easement
Area over and across all paved, graveled, or otherwise improved driveways or parking lots
within the Parent Parcel. If direct access to the Easement Area is not available from such
driveways or parking lots, the City’s right of ingress and egress shall include such other
areas within the Parent Parcel as the City determines are necessary to access the Easement
Area from such driveways and parking lots or from the Parent Parcel’s boundaries. In the
case of any damage or disruption of the Parent Parcel, the City shall return the property to
a condition as good as or better than it existed immediately before entry and/or work was
made thereon by the City or its agents.
Said Grantor additionally grants to the City, the use of such additional area
immediately adjacent to said Easement Area as shall be required for the construction,
reconstruction, maintenance and operation of said lighting or telecommunications
facilities. The use of such additional area shall be held to a reasonable minimum and in the
case of any damage or disruption of the Parent Parcel, the City shall return the property to
a condition as good as or better than its condition as it existed immediately before entry
and/or work was made thereon by the City or its agents. In addition to the other
restrictions herein, Grantor shall not convey to a third party any easement or other right of
usage in the Parent Parcel that would impair or limit the City’s use of the Easement Area.
The parties intend that the benefits, burdens, and obligations set forth in this
Easement shall run with the Parent Parcel and burden said real estate, and shall be binding
on the successors, heirs and assigns of all parties hereto.
RES.D
Utility Easement
Page 3 of 7
IN WITNESS WHEREOF, the parties subscribe their names.
STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
Acting through the Department of
Enterprise Services
Howard S. Cox, Chief Property Officer
Facilities Division
Real Estate Services
Date:
Jane Rushford, Deputy Director
Date:
APPROVED AS TO FORM:
By:
Date:
Assistant Attorney General
RES.D
Utility Easement
Page 4 of 7
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of
____________________, 20______, personally appeared before me HOWARD S. COX, Chief Property
Officer, Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington, to
me known to be the individual described in and who executed the within instrument, and acknowledged that he
signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses
therein mentioned, and on oath stated that he was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of
____________________, 20______, personally appeared before me JANE RUSHFORD, Deputy Director,
Department of Enterprise Services, State of Washington, to me known to be the individual described in and who
executed the within instrument, and acknowledged that she signed and sealed the same as the free and voluntary
act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was
duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
HS/tlb
File: #1290
REF: H:\Development\Projects\GRCC - 124TH ST IMP\Legal Documents\2011
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Right of Way Dedication Deed
Page 1 of 6
Return Address:
City of Auburn
City Clerk
25 West Main Street
Auburn, WA 98001-4998
Above this line reserved for recording information
RIGHT OF WAY DEDICATION DEED
FAC10-0005
Reference # (if applicable): N/A
Grantor/Borrower: State of Washington, State Board for
Community and Technical Colleges,
Green River Community College, acting
through the Department of Enterprise
Services
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW ¼ S9 – T21N – R5E
Assessor’s Tax Parcel ID#: A PORTION OF 092105-9020
The Grantor, State of Washington, State Board for Community and Technical Colleges, Green
River Community College, acting through the Department of Enterprise Services, for and in
consideration of ten dollars, and other good and valuable consideration, in hand paid, dedicate
and convey to the Grantee, CITY OF AUBURN a municipal corporation of the State of
Washington, an easement for right of way, public street and public utility purposes, to the same
effect as if acquired by eminent domain under the laws of the State of Washington, the following
described real property:
A Right-of-Way described as follows: Situated in the County of King, State of Washington.
SEE EXHIBITS ‘A’ AND ‘B’ ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
RES.D
Right of Way Dedication Deed
Page 2 of 6
IN WITNESS WHEREOF, the parties subscribe their names.
STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
Acting through the Department of
Enterprise Services
Howard S. Cox, Chief Property Officer
Facilities Division
Real Estate Services
Date:
Jane Rushford, Deputy Director
Date:
APPROVED AS TO FORM:
By:
Date:
Assistant Attorney General
RES.D
Right of Way Dedication Deed
Page 3 of 6
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________,
20______, personally appeared before me HOWARD S. COX, Chief Property Officer, Division of Facilities, Real
Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual described in
and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and
voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was
duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________,
20______, personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise Services,
State of Washington, to me known to be the individual described in and who executed the within instrument, and
acknowledged that she signed and sealed the same as the free and voluntary act and deed of the Department, for the
purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
HS/tlb
File: #1290
REF: H:\Development\Projects\GRCC - 124TH ST IMP\Legal Documents\2011
RES.D
Right of Way Dedication Deed
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RES.D
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RES.D
Right of Way Dedication Deed
Page 1 of 6
Return Address:
City of Auburn
City Clerk
25 West Main Street
Auburn, WA 98001-4998
Above this line reserved for recording information
RIGHT OF WAY DEDICATION DEED
FAC10-0005
Reference # (if applicable): N/A
Grantor/Borrower: State of Washington, State Board for
Community and Technical Colleges,
Green River Community College, acting
through the Department of Enterprise
Services
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW ¼ S9 – T21N – R5E
Assessor’s Tax Parcel ID#: A PORTION OF 092105-9020
The Grantor, State of Washington, State Board for Community and Technical Colleges, Green
River Community College, acting through the Department of Enterprise Services, for and in
consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, in hand
paid, dedicate and convey to the Grantee, CITY OF AUBURN a municipal corporation of the
State of Washington, an easement for right of way, public street and public utility purposes, to
the same effect as if acquired by eminent domain under the laws of the State of Washington, the
following described real property:
A Right-of-Way described as follows: Situated in the County of King, State of Washington.
SEE EXHIBITS ‘A’ AND ‘B’ ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
RES.D
Right of Way Dedication Deed
Page 2 of 6
IN WITNESS WHEREOF, the parties subscribe their names.
STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
Acting through the Department of
Enterprise Services
Howard S. Cox, Chief Property Officer
Facilities Division
Real Estate Services
Date:
Jane Rushford, Deputy Director
Date:
APPROVED AS TO FORM:
By:
Date:
Assistant Attorney General
RES.D
Right of Way Dedication Deed
Page 3 of 6
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________,
20______, personally appeared before me HOWARD S. COX, Chief Property Officer, Division of Facilities, Real
Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual described in
and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and
voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was
duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________,
20______, personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise Services,
State of Washington, to me known to be the individual described in and who executed the within instrument, and
acknowledged that she signed and sealed the same as the free and voluntary act and deed of the Department, for the
purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
HS/tlb
File: #1290
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REF: H:\Development\Projects\GRCC - 124TH ST IMP\Legal Documents\2011
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RES.D
After recording return document to:
City of Auburn
ATTN: City Clerk
25 West Main Street
Auburn, Washington 98001-4998
Document Title: Slope Easement FAC I 0·0005
Grantor: State of Washington, State Board . For Community and Technical Colleges, Green
River Community College, acting through the Department of Enterprise Services
Grantee: City of Auburn
Legal Description: SW ¼ S9-T21N-R5E
Assessor's Tax Parcel Number: a portion of 092105-9020
SLOPE EASEMENT
The Grantor, State of Washington, State Board for Community and Technical
Colleges, Green River Community College, acting through the Department of
Enterprise Services for and in consideration of mutual and offsetting benefits, does
hereby quitclaim and convey unto the City of Auburn a municipal corporation of
the State of Washington, and its agents or assigns a permanent, non-exclusive slope
easement over, under, upon and across the real property described in Exhibit "A"
attached hereto and incorporated by this reference, together with the rights of ingress
and egress for the purpose of constructing and maintaining the slope improvements to be
constructed by Grantee, including grading, stock piling, excavating and restoring the real
property and/or the slope improvements. The slope easement is described in Exhibit "B"
attached hereto and incorporated by these references.
Upon completion of construction of the slope improvements, Grantee shall restore the
easement area to a condition as close as reasonably possible to its pre construction
condition while maintaining the integrity of the slope improvements, or to such other state
of restoration as mutually agreed upon by the parties.
Grantor shall not perform any activities that may damage improvements built or
constructed within the easement areas, including the planting of vegetation with
damaging root structures or performing any excavation that would have the effect of
weakening the support said improvements.
Said Grantee shall have the right, without prior institution of any suit or proceeding at law,
at times as may be necessary to enter upon said easement for the purpose of constructing
roadway improvements without incurring any legal obligation or liability therefore,
RES.D
Slope Easement
Page 2 of 7
provided that such construction shall be accomplished in such a manner that existing
improvements shall not be disturbed or destroyed, or in the event they are disturbed or
destroyed, they will be replaced in as good a condition as they were immediately before
the property was entered upon by the Grantee,
The parties intend that the benefits, burdens, and o bligations set
forth in this Easement shall run with the land and shall be binding on the
successors, heirs and assign of parties hereto.
Dated this ___________ day of ____________________, 2011.
ACCEPTED BY: STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
By:
Dennis R. Dowdy Acting through the Department of Enterprise
Services
Title:
Howard S. Cox, Chief Property Officer
Division of Facilities, Real Estate Services
Date:
Date:
Jane Rushford, Deputy Director
Title:
Date:
APPROVED AS TO FORM:
By:
Assistant Attorney General
Date:
RES.D
Slope Easement
Page 3 of 7
STATE OF WASHINGTON )
)ss.
COUNTY OF THURSTON )
I, the undersigned, a Notary Public, do hereby certify that on this day of ,
20 , personally appeared before me HOWARD S. COX, Chief Property Officer, Division of Facilities, Real
Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual
described in and who executed the within instrument, and acknowledged that he signed and sealed the same as
the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath
stated that he was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington
Residing at
My appointment expires
STATE OF WASHINGTON )
)ss.
COUNTY OF THURSTON )
I, the undersigned, a Notary Public, do hereby certify that on this day of ,
20 , personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise
Services, State of Washington, to me known to be the individual described in and who executed the within
instrument, and acknowledged that she signed and sealed the same as the free and voluntary act and deed of the
Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to
execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington
Residing at
My appointment expires
RES.D
Slope Easement
Page 4 of 7
RES.D
Slope Easement
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RES.D
Slope Easement
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RES.D
Slope Easement
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RES.D
Right of Way Dedication Deed
Page 1 of 6
Return Address:
City of Auburn
City Clerk
25 West Main Street
Auburn, WA 98001-4998
Above this line reserved for recording information
RIGHT OF WAY DEDICATION DEED
FAC10-0005
Reference # (if applicable): N/A
Grantor/Borrower: State of Washington, State Board for
Community and Technical Colleges,
Green River Community College, acting
through the Department of Enterprise
Services
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW ¼ S9 – T21N – R5E
Assessor’s Tax Parcel ID#: A PORTION OF 092105-9020
The Grantor, State of Washington, State Board for Community and Technical Colleges, Green
River Community College, acting through the Department of Enterprise Services, for and in
consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, in hand
paid, dedicate and convey to the Grantee, CITY OF AUBURN a municipal corporation of the
State of Washington, an easement for right of way, public street and public utility purposes, to
the same effect as if acquired by eminent domain under the laws of the State of Washington, the
following described real property:
A Right-of-Way described as follows: Situated in the County of King, State of Washington.
SEE EXHIBITS ‘A’ AND ‘B’ ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
RES.D
Right of Way Dedication Deed
Page 2 of 6
IN WITNESS WHEREOF, the parties subscribe their names.
STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
Acting through the Department of
Enterprise Services
Howard S. Cox, Chief Property Officer
Facilities Division
Real Estate Services
Date:
Jane Rushford, Deputy Director
Date:
APPROVED AS TO FORM:
By:
Date:
Assistant Attorney General
RES.D
Right of Way Dedication Deed
Page 3 of 6
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________,
20______, personally appeared before me HOWARD S. COX, Chief Property Officer, Division of Facilities, Real
Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual described in
and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and
voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was
duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________,
20______, personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise Services,
State of Washington, to me known to be the individual described in and who executed the within instrument, and
acknowledged that she signed and sealed the same as the free and voluntary act and deed of the Department, for the
purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
HS/tlb
File: #1290
RES.D
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Page 4 of 6
REF: H:\Development\Projects\GRCC - 124TH ST IMP\Legal Documents\2011
RES.D
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RES.D
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RES.D
Utility Easement
Page 1 of 7
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
UTILITY EASEMENT
FAC10-0005
Reference # (if applicable): N/A
Grantor/Borrower: State of Washington, State Board for Community
and Technical Colleges, Green River Community
College, acting through the Department of
Enterprise Services
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW ¼ S9 – T21N – R5E
Assessor’s Tax Parcel ID#: A portion of 092105-9020
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be
derived by the Grantor herein, Grantor, Green River Community College hereby conveys
and warrants to the City of Auburn, Grantee herein, a municipal corporation of King
County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under,
over, through and across the following described real property (“Easement Area”) for the
purpose of laying, maintaining, and installing street lighting cabinet,
telecommunications pull box, AND APPURTENANCES THEREOF, said Easement
Area being a portion of the above-designated Tax Parcel (“Parent Parcel”), and described
as follows:
SEE EXHIBITS “A” AND “B”, ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Said Grantee shall have the right, at times as may be necessary, for immediate
entry upon said Easement Area for the purpose of maintenance, inspection, construction,
repair or reconstruction of the above improvements without incurring any legal obligation
or liability for said entry that is not caused by the Grantee’s negligence.
Said Grantee shall have the right to place any type of driving surface within said
Easement Area deemed necessary by the Grantee.
RES.D
Utility Easement
Page 2 of 7
Said Grantor shall not, in any way block, restrict or impede full use of the real
property within the above-described Easement Area by said Grantee for the above-
described purposes. No building, wall, rockery, fence, trees or structure of any kind shall
be erected or planted, nor shall any fill material be placed within the boundaries of said
Easement Area, without the express written consent of the City. With City permission,
Grantor may fence across said Easement Area and/or along the boundaries of said
Easement Area and the Parent Parcel, provided that a gate is constructed in said fence.
Said gate shall be of sufficient length and location to allow the Grantee full use of, and
access and egress to and from the Easement Area. If said gate is to be locked, keys shall be
provided to the Grantee.
Without the written approval of the Grantee, the Grantor shall make no excavation
within three (3) feet of said lighting or telecommunications service facilities or change the
surface level of the ground within the Easement Area from the current elevation. The
Grantee shall not unreasonably withhold such approval.
Said Grantor grants to the City the right of ingress and egress to the Easement
Area over and across all paved, graveled, or otherwise improved driveways or parking lots
within the Parent Parcel. If direct access to the Easement Area is not available from such
driveways or parking lots, the City’s right of ingress and egress shall include such other
areas within the Parent Parcel as the City determines are necessary to access the Easement
Area from such driveways and parking lots or from the Parent Parcel’s boundaries. In the
case of any damage or disruption of the Parent Parcel, the City shall return the property to a
condition as good as or better than it existed immediately before entry and/or work was
made thereon by the City or its agents.
Said Grantor additionally grants to the City, the use of such additional area
immediately adjacent to said Easement Area as shall be required for the construction,
reconstruction, maintenance and operation of said lighting or telecommunications facilities.
The use of such additional area shall be held to a reasonable minimum and in the case of
any damage or disruption of the Parent Parcel, the City shall return the property to a
condition as good as or better than its condition as it existed immediately before entry
and/or work was made thereon by the City or its agents. In addition to the other restrictions
herein, Grantor shall not convey to a third party any easement or other right of usage in the
Parent Parcel that would impair or limit the City’s use of the Easement Area.
The parties intend that the benefits, burdens, and obligations set forth in this
Easement shall run with the Parent Parcel and burden said real estate, and shall be binding
on the successors, heirs and assigns of all parties hereto.
RES.D
Utility Easement
Page 3 of 7
IN WITNESS WHEREOF, the parties subscribe their names.
STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
Acting through the Department of
Enterprise Services
Howard S. Cox, Chief Property Officer
Facilities Division
Real Estate Services
Date:
Jane Rushford, Deputy Director
Date:
APPROVED AS TO FORM:
By:
Date:
Assistant Attorney General
RES.D
Utility Easement
Page 4 of 7
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of
____________________, 20______, personally appeared before me HOWARD S. COX, Chief Property
Officer, Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington, to
me known to be the individual described in and who executed the within instrument, and acknowledged that he
signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses
therein mentioned, and on oath stated that he was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of
____________________, 20______, personally appeared before me JANE RUSHFORD, Deputy Director,
Department of Enterprise Services, State of Washington, to me known to be the individual described in and who
executed the within instrument, and acknowledged that she signed and sealed the same as the free and voluntary
act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was
duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
HS/tlb
File: #1290
REF: H:\Development\Projects\GRCC - 124TH ST IMP\Legal Documents\2011
RES.D
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RES.D
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RES.D
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RES.D
Water and Storm Drainage Easement
Page 1 of 8
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
WATER AND STORM DRAINAGE EASEMENT
FAC10-0005
Reference # (if applicable): N/A
Grantor/Borrower: State of Washington, State Board for Community
and Technical Colleges, Green River Community
College, acting through the Department of
Enterprise Services
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW ¼ S9 – T21N – R5E
Assessor’s Tax Parcel ID#: a portion of 092105-9020
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be
derived by the Grantor herein, Grantor, Green River Community College hereby conveys
and warrants to the City of Auburn, Grantee herein, a municipal corporation of King
County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under,
over, through and across the following described real property (“Easement Area”) for the
purpose of laying, maintaining, and installing water main line, storm drainage line,
storm drainage treatment wet-pond, AND APPURTENANCES THEREOF, said
Easement Area being a portion of the above-designated Tax Parcel (“Parent Parcel”), and
described as follows:
SEE EXHIBITS “A” AND “B”, ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Said Grantee shall have the absolute right, at times as may be necessary, for
immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
RES.D
Water and Storm Drainage Easement
Page 2 of 8
Said Grantee shall have the absolute right to place any type of driving surface
within said Easement Area deemed necessary by the Grantee.
Said Grantor shall not in any way block, restrict or impede access and egress to or
from said Easement Area, and/or in any way block, restrict or impede full use of the real
property within the above-described Easement Area by said Grantee for the above-
described purposes. No building, wall, rockery, fence, trees or structure of any kind shall
be erected or planted, nor shall any fill material be placed within the boundaries of said
Easement Area, without the express written consent of the City. With City permission,
Grantor may fence across said Easement Area and/or along the boundaries of said
Easement Area, provided that a gate is constructed in said fence. Said gate shall be of
sufficient length and location to allow the Grantee full use of, and access and egress to and
from the Easement Area. If said gate is to be locked, keys shall be provided to the Grantee.
No excavation shall be made within three (3) feet of said water or storm service
facilities and the surface level of the ground within the Easement Area shall be maintained
at the elevation as currently existing.
Said Grantor grants to the City the right of ingress and egress to the Easement
Area over and across all paved, graveled, or otherwise improved driveways or parking lots
within the Parent Parcel. If direct access to the Easement Area is not available from such
driveways or parking lots, the City’s right of ingress and egress shall include such other
areas within the Parent Parcel as the City determines are necessary to access the Easement
Area from such driveways and parking lots or from the Parent Parcel’s boundaries. In the
case of any damage or disruption of the Parent Parcel, the City shall return the property to a
condition reasonably comparable to its condition as it existed immediately before entry
and/or work was made thereon by the City or its agents.
Said Grantor additionally grants to the City, the use of such additional area
immediately adjacent to said Easement Area as shall be required for the construction,
reconstruction, maintenance and operation of said water or storm facilities. The use of
such additional area shall be held to a reasonable minimum and in the case of any damage
or disruption of the Parent Parcel, the City shall return the property to a condition
reasonably comparable to its condition as it existed immediately before entry and/or work
was made thereon by the City or its agents. In addition to the other restrictions herein,
Grantor shall not convey to a third party any easement or other right of usage in the Parent
Parcel that would impair or limit the City’s use of the Easement Area.
This Easement shall be a covenant running with the Parent Parcel and burden said
real estate, and shall be binding on the successors, heirs and assigns of all parties hereto.
RES.D
Water and Storm Drainage Easement
Page 3 of 8
IN WITNESS WHEREOF, the parties subscribe their names.
STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
Acting through the Department of
Enterprise Services
Howard S. Cox, Chief Property Officer
Facilities Division
Real Estate Services
Date:
Jane Rushford, Deputy Director
Date:
APPROVED AS TO FORM:
By:
Assistant Attorney General
Date:
RES.D
Water and Storm Drainage Easement
Page 4 of 8
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of
____________________, 20______, personally appeared before me HOWARD S. COX, Chief Property
Officer, Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington, to
me known to be the individual described in and who executed the within instrument, and acknowledged that he
signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses
therein mentioned, and on oath stated that he was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
STATE OF WASHINGTON )
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this _________ day of
____________________, 20______, personally appeared before me JANE RUSHFORD, Deputy Director,
Department of Enterprise Services, State of Washington, to me known to be the individual described in and who
executed the within instrument, and acknowledged that she signed and sealed the same as the free and voluntary
act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was
duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
HS/tlb
File: #1290
REF: H:\Development\Projects\GRCC - 124TH ST IMP\Legal Documents\2011
RES.D
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Page 6 of 8
RES.D
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Page 7 of 8
RES.D
Water and Storm Drainage Easement
Page 8 of 8
RES.D
CITY-GRCC RECREATION FACILITY AGREEMENT
PAGE 1 OF 5
AGREEMENT BETWEEN THE CITY OF AUBURN, WASHINGTON AND
GREEN RIVER COMMUNITY COLLEGE FOR RECREATION FACILITY USE
THIS AGREEMENT is entered into this ___ day of ___________, 2011, between the City of
Auburn, Washington (“City”) and Green River Community College (“GRCC”) for the use and
supplemental maintenance of the New Lea Hill Park (“Park”) and the GRCC Gymnasium
(“Gymnasium”).
RECITALS:
1. The Parties entered into an Agreement for Recreation Facility Use on May 30, 2003,
(“Original Agreement”) which the set forth their respective rights and responsibilities for the
management, maintenance and scheduling of what was then known as Lea Hill Park (“Original
Park”) and the Gymnasium;
2. The Parties are contemplating an exchange of real property that, when completed, will
transfer ownership of the Original Park from the City to GRCC and will also transfer an
undivided one-half interest in the property currently known as the Martin Property to the City.
For purposes of this Agreement, the Martin Property will be referred to as the “New Lea Hill
Park;”
3. The Original Park currently contains both a fast-pitch baseball field and a slow-pitch
softball field. After the exchange, these fields will be decommissioned and GRCC intends to put
education-related structure on the site of the Original Park;
4. The City intends to construct a slow-pitch softball field on the New Lea Hill Park site;
5. This exchange of properties renders certain portions of the Original Agreement moot.
However, the Parties agree that it is in their best interest to agree to similar provisions for
management of the New Lea Hill Park and to extend the current provisions related to the
Gymnasium.
AGREEMENT:
1. Scheduling Facility Use.
A. New Lea Hill Park Ball Field.
The City shall be responsible for all scheduling and general maintenance. GRCC will be
given first priority for Ball Field use between February 1 and June 1 of each agreement
year as follows:
Monday through Friday, 2 p.m. to 6 p.m.; and
Saturday and Sunday, no later then 6 p.m.
RES.D
CITY-GRCC RECREATION FACILITY AGREEMENT
PAGE 2 OF 5
Additionally, on dates/times other then listed in this section, GRCC will have second
priority after the City, and before other users.
GRCC will submit a preliminary game schedule no later than September 30 of each
agreement year. Modifications to the preliminary schedule will be submitted no later then
the next January 30. GRCC will submit an annual block schedule three times per year, on
January 10, May 10, and August10, reflecting actual use; the schedule shall list holidays,
college vacations, and any other days that GRCC will not schedule use of the ball fields.
B. Gymnasium and Locker Rooms.
The City of Auburn Parks, Arts, and Recreation Department will be allowed the use of
the Gymnasium and locker rooms according to the following schedule for each
agreement year:
Each Monday evening from 6:30 p.m. to 10:00 p.m., beginning the Monday following the
Thanksgiving holiday and ending on the first Monday in June.
Each Monday and Tuesday evening from 6:30 p.m. to 10:00 p.m., beginning the Monday
of the 2nd week in June and ending on the second Tuesday in August.
2. Supplemental Maintenance.
GRCC is authorized, but not required to, at its sole option and expense, provide at the
New Lea Hill Park any or all of the Supplemental Maintenance identified in Exhibit #1,
incorporated herein by reference. GRCC agrees that is shall not alter the grounds and ball field
facilities, or remove any part or portion of the grounds, materials, facilities or natural resources
of the premises without prior written consent of the City.
3. Agreement Periods and Termination.
The agreement period shall be for one year following the date of signing. The Agreement will
automatically renew each year for up to ten consecutive years, unless terminated by either party.
Either party may terminate the Agreement by giving written notice of termination to the other party,
provided that the termination shall not be effective until ninety days after the other party’s receipt of the
notice of termination, unless otherwise agreed by the parties.
4. Vehicle Access.
If necessary, the City shall provide keys to the New Lea Hill Park for the purpose of vehicle entry to load
and unload equipment and performance of maintenance.
5. Hold Harmless and Indemnification.
Each party to this agreement shall be responsible for claims and damages to persons or property
resulting from acts of omissions on the part of itself, its employees, or its officers. Neither party
RES.D
CITY-GRCC RECREATION FACILITY AGREEMENT
PAGE 3 OF 5
to this agreement assumes any responsibility to the other part for the consequences of any act or
omission of any person, firm or corporation not a party to this agreement. Neither party to this
agreement shall be considered the agent of the other party.
Each party shall indemnify and hold the other party 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,
brought against the other party arising out of, in connection with, or incident to the execution of
this Agreement and/or that party’s performance or failure to perform any aspect of this
Agreement; provided, however, that if such claims are caused by or result from the concurrent
negligence of the other party, its agents, employees, and/or officers, this indemnity provision
shall be valid and enforceable only to the extent of the negligence of that party; and provided
further, that nothing herein shall require that party to hold harmless or defend the other party, its
agents, employees and/or officers from any claims arising from the sole negligence of the other
party, its agents, employees, and/or officers. No liability shall attach to either party by reason of
entering into this Agreement, except as expressly provided herein.
6. Insurance.
Each of the parties hereto shall maintain during the term of this agreement not less than two
million dollars of general liability insurance coverage, whether through insurance policies,
participation in insurance pools, self-insurance, or a combination thereof.
7. Amendments.
Either party may request modifications in the scope of permissible activities, terms, or conditions
of this Agreement. Proposed modifications, which are mutually agreed upon, shall be
incorporated by written amendment to this Agreement.
8. Communications and Point of Contacts.
Communications shall be sent to the following points of contact:
GRCC:
Bob Kickner, A.D.
Green River Community College
12401 SE 320th Street
Auburn, WA 98092
(253) 833-9111 Ext. 2481
CITY:
Daryl Faber, Director
Auburn Parks and Recreation
910 9th Street SE
Auburn, WA 98002
(253) 931-3043
11. Prior Agreements.
Upon the effective date of this Agreement, the Agreement Between the City of Auburn,
Washington and Green River Community College for Recreation Facility Use is superseded
thereby and terminated.
RES.D
CITY-GRCC RECREATION FACILITY AGREEMENT
PAGE 4 OF 5
12. Acceptance and Signatures.
The parties hereto agree and accept the terms, conditions, covenants and all matters and laws
incorporated by reference herein and therefore cause their hands to affix their signatures as
evidence to their acceptance of this Agreement before their designated witnesses and/or notaries.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
CITY OF AUBURN
_____________________________
Peter B. Lewis, Mayor
ATTEST:
_____________________________
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
_____________________________
Daniel B. Heid, City Attorney
GREEN RIVER COMMUNITY COLLEGE
_____________________________
Rick Brumfield
Vice President for Business Affairs
RES.D
CITY-GRCC RECREATION FACILITY AGREEMENT
PAGE 5 OF 5
EXHIBIT #1
SUPPLEMENTAL MAINTENANCE ITEMS
PRIOR TO PRACTICES: Prepare field for use: Remove litter, rake areas as needed, grade
surface as needed, drag surface as needed, plug bases, remove standing water.
AFTER PRACTICES: Restore field: Rake areas as needed, flatten lips, broom excess soil
away, broom lines and plate, drag infield, sweep/clean all dugouts.
PRIOR TO GAMES: Prepare field for use: Mow outfield as needed, add surface as
needed, remove litter, line and drag infield area as needed, grade surface as needed, plug bases,
remove standing water.
AFTER GAMES: Restore field: Rake bases, flatten lips, broom excess soil away,
broom lines and plate, drag infield, clean dugout.
RES.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4763
Date:
November 2, 2011
Department:
Administration
Attachments:
Resolution No. 4763
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4763.
Background Summary:
The preparation of an annual action plan is required by the U.S. Department of Housing
and Urban Development (HUD) in order for the City to receive federal funds under the
Community Development Block Grant (CDBG) program. The City operates under a
Consolidated Plan that is currently in effect for 2010-2014.
The Action Plan outlines proposed expenditures to implement the goals of the City's
Consolidated Plan. It identifies federal and local funds expected to be available,
indicates the activities on which they will be spent, and sets goals for the number and
type of services expected to be provided.
The City of Auburn anticipates approx. $60,000 of unused CDBG funds will be available
for projects that are consistent with federal regulations and objectives and policies of the
Auburn Consolidated Housing and Community Development Plan. Planned projects
include construction of Terry Home II ($50K) and rehabilitation of a City-owned
transitional house ($10K).
The process of a substantial amendment process is required by the U.S. Department of
Housing and Urban Development (HUD) in order for the City to receive federal funds
under the Community Development Block Grant-Recovery (CDBG-R) program.
A public notice and a brief description about the amendment to the 2009, 2010 & 2011
Annual Action Plans were published in the Seattle Times and posted on the City's
website. City Council will conduct a public hearing on the amendment on Nov. 7, 2011.
The Planning and Community Development Committee and the Finance committee are
scheduled to review and discuss the draft.
O3.4.1.7
AUBURN * MORE THAN YOU IMAGINEDRES.E
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Human Services Committee
Councilmember:Norman Staff:Hursh
Meeting Date:November 7, 2011 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E
RESOLUTION NO. 4 7 6 3
A RESOLUTION OF THE CITY COUNCIL OF ?HE CITY OF
AUBURN, WASHINGTON; RELATING TOTHE AMENDMENT OF
THE 2009, 2010 AND 2011 ANNUAL ACTION PLAN UPDATES OF
THE CONSOCIDATED RLAN
WHEREAS, theCity of Aubum was designated as,an entitlementcommunity
bythe U.S. Department of Housing and Urban Development (HUD) for its
Community Development Block Grant (CDBG) Program; and
WHEREAS, the primary objective of the Consolidated Planand CDBG
Program is the development of viable urban communities byproviding decent
housing and a suitable living environment and expanding economic opportunities,
principally for persons of low- and moderate-income; and
WHEREAS, to reallocate funds fromprioryears' projects which are not active
a substantial amendmentmust'be made to the Plan, the City of Aubum must amend
the 2009, 2010and 2011 Annual Action Plans for its Gonsolidated Plan that serves
as a federally required planning document to guide the City of Aubum's human
ervice and community developmentefforts; and
WHEREA8, the planning process to develop the Consolidated Plan involved
citizen participation and guidance from non-profit and govemmental agencies
servinglowincome residents in the community; and
WHEREAS, the City Counal of the City of Aubum heardand considered
public commenY about its proposed use ofi CommunityDevelopment Block Grant
funds and amendment to the 2009;2010 and 2011 AnnualAction Plans;
Resolution No. 4763
November 2, 2011
Page 1 of 2
RES.E
NOW, THEREFORE, THE CITYCOUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOESHEREBY RESOLVE TO:
Section 1. The City hereby amends the 2009, 2010 and 2011 Annual Action
Plans and adopts the amendmentto its 2009, 2010 and 2011 Annual Action Plan
Updates to the Consolidated Plan
Section_2. The Mayor is herebyauthorized to implement such administrative
procedures as may be necessary to carryout directions of the legislation.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
DATED and SIGNED this day of November,2011.
Peter B. Cewis
Mayor
ATTEST:
DanielleDaskam, City Clerk
APP D ORM:
niel B. Heid,Attomey
Resolution No. 4763
November 2, 2011
Page 2 of 2
RES.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4764
Date:
November 2, 2011
Department:
Administration
Attachments:
Resolution No. 4764
Draft 2012 Annual Action Plan
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4764.
Background Summary:
The preparation of an annual action plan is required by the U.S. Department of Housing
and Urban Development (HUD) in order for the City to receive federal funds under the
Community Development Block Grant (CDBG) program. The City operates under a
Consolidated Plan that is currently in effect for 2010-2014.
The 2012 Annual Action Plan outlines proposed expenditures to implement the City's
efforts related to its CDBG projects. It identifies federal and local funds expected to be
available, indicates the activities on which they will be spent, and sets goals for the
number and type of services expected to be provided. 2012 CDBG funding is expected
to be approximately $400,000 for projects that are consistent with federal regulations
and the objectives and policies of the Auburn Consolidated Housing and Community
Development Plan.
A public notice and a brief description about the 2012 Annual Action Plans was
published in the Seattle Times and posted on the City's website. City Council will
conduct a public hearing on the amendment on Nov. 7, 2011. The Planning and
Community Development Committee and the Finance committee are scheduled to
review and discuss the draft.
O3.4.1.7
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Human Services Committee
Councilmember:Norman Staff:Hursh
Meeting Date:November 7, 2011 Item Number:RES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F
RESOLUTION NO. 4 7 6 4
A RESOLUTION OF THE CITY COUNGIL OF THE CITY OF
AUBURN, WASHINGTON, ADOPTING THE 2012 COMMUNITY
DEVELOPMENT BLOCKGRANT ACTION PLAN FOR 'THE
CONSOLIDATED PLANFOR YEARS 2010T0 2014
WHEREAS, theCity of Aubum was designated as an entitlement community
by the U.S. Departmentof Nousing andUrban Development (HUD) for its
Community Development Block Grant (CDBG) Program; and
WHEREAS, theprimary objective of the Consolidated Plan andCDBG
Program is the development of viable urban communities by providing decent
housing and a suitable living environment and expanding economic opportunities,
principally for persons of low- and moderate-income; and
WHEREAS, to be eligible for funding, the City of Aubum must annually
update the action plan for its Consolidated Plan that serves as a federally required
planning document to guide the City of Aubum's human service and community
developmentefforts; and
WHEREAS, the planning process to develop the Gonsolidated Plan involved
citizen participation and guidancefrom non-profit and govemmental agencies
servinglowincome resideMs in thecommunity; and
WHEREAS, the City Council of the City of Aubum heard and considered
public commentabout its proposed 2012 Action Plan.,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES HEREBY RESOLVE TO:
Resolution No. 4764
November 2, 2011
Page 1 of 2
RES.F
Section L Pursuant to proyisions of 24CFR91, the City hereby adopts the
2012 Action Plan for the Consolidated Plan for Years 2010 to 2014.
Seetion 2. The Mayoris hereby authorized to implement such administrative
procedures as may be necessary tocarry out directions of the legislation.
Section 3. ThisResolution shallbe in full force and effect uponpassage and.
signatures hereon.
DATED and SIGNED this day of Novem6er, 2012.
PeterB. Lewis
Mayor
ATTEST:
Danielle Daskam, City Clerlc
APPR ED A `TO FORM:
Da el B. Heid, ' " Att rney
Resolution No. 4764
November 2, 2011
Page 2 of 2
RES.F
Department of Administration & Community Services
25 West Main Street
Auburn, Washington 98001
(253) 931 - 3041
2012 Annual Action Plan
Update to the City of Auburn's Consolidated Plan for
Housing and Community Development
Fiscal Years 2011 – 2014
November 15, 2011
(IMPORTANT NOTE: Program description and dollar amounts represented in
this plan may change subject to the availability of funds and final approval by
the Department of Housing and Urban Development.)
RES.F
October 20, 2011
2
2012 Annual Action Plan
EXECUTIVE SUMMARY
Each year the City of Auburn executes specific actions to implement the goals and strategies of
the Consolidated Plan for Years 2011 to 2014. Actions that will be undertaken in 2012 are
outlined in this “Annual Action Plan”.
The City of Auburn anticipates the receipt of approximately $400,000 in Community
Development Block Grant (CDBG) funds in 2012. Auburn's CDBG funds will be combined with
approximately $650,000 of General Funds to create a total Human Services budget of
approximately $1,050,000 in 2012. Human Services is responsible for providing and managing
financial resource to more than 30 non-profit agencies that serve the Auburn community,
administering the local housing repair program, and developing collaborations among community
partners to strengthen the response to residents in need.
The 2012 Action Plan proposes to allocate approximately $60,000 of CDBG funds to public
services. Most of those funds ($52,500) will be used to provide dental and medical care to
uninsured, low income Auburn residents and $7,500 for employment training.
Approximately $80,000 of the CDBG funds will be allocated to program administration, which
includes planning. The remaining $260,000 will be allocated to housing repair ($150,000),
economic development ($37,500), and support of enhancing youth outreach and gang prevention.
The City of Auburn is committed to focusing more on achieving solutions to recurring social
problems and achieve greater collaboration among service providers. The Department of
Housing and Urban Development has worked to standardize the performance measurements
listed in the Consolidated Plan. The 2012 Action Plan combines the changes that both the City of
Auburn and HUD have implemented.
Overall the implementation of the 2011 Action Plan is progressing as planned and most of the
activities listed are underway. A more detailed report of 2011 activities will be summarized in
the Consolidated Annual Performance and Evaluation Report (CAPER) that will be drafted and
released for public review before the end of the first quarter of 2012.
CITIZEN PARTICIPATION AND CONSULTATION
The development of the Annual Action Plan involves both citizen participation and consultation
with local service providers. Citizen participation in the planning process began at a joint
meeting between the Auburn City Council and Human Services Committee. At this meeting,
Council and Committee members identified a series of community results that they would like to
achieve through the appropriation of City funds.
The City consults with local service providers primarily through the solicitation of applications
for Human Services grants. Grant applications prepared by service providers furnishes the City
information regarding the goals of the agency, target populations, proposed services, gaps in the
delivery of services, linkages to poverty reduction strategies and collaboration with other service
providers. This information is reviewed by City staff and the Human Services Committee.
The Human Services Committee's recommendations were incorporated into the 2012 Action Plan
and presented to the City Council's Planning and Community Development (PCD) Committee in
RES.F
October 20, 2011
3
October 2011. A preliminary draft of the 2012 Action Plan was distributed to all the grant
applicants and local service providers. A public notice was issued and posted at City Hall, the
Auburn Senior’s Center, and on the City of Auburn’s website on October 7, 2012; this
information was also published in The Seattle Times announcing that copies of the proposed 2012
Action Plan were available for public review. The City Council will schedule a public hearing to
gather testimony about the plan before it takes action to review and adopt it. The following
outlines the remaining steps regarding citizen participation and consultation for the 2012 Action
Plan:
October 7, 2011: Start of Public Review Process
November 7, 2011: Public Hearing
End of Public Review Process
Council takes action to adopt the
2012 Annual Action Plan
November 15, 2011: Deadline to submit the plan to HUD
HOUSING AND COMMUNITY DEVELOPMENT RESOURCES
2012 CDBG ESTIMATED RESOURCES
In 2011 the City of Auburn received $418,755 of CDBG funds. In 2012 the City estimates that
its CDBG funds will decrease slightly from last year’s CDBG entitlement. The 2012 Action Plan
includes a contingency plan in the event that CDBG funds increase or decrease.
CDBG ESTIMATED RESOURCES
$400,000 CDBG 2012 Entitlement (estimated)
$400,000 Total Estimated CDBG Funds Available in 2012
RES.F
October 20, 2011
4
OTHER RESOURCES
General Funds
The City of Auburn allocates up to one percent (1%) of its general fund expenditures to provide
human services for Auburn residents through contracts with non-profit agencies. Assuming the
City will continue to receive the same amount of general fund revenues, the estimated allocation
from General Fund budget for human service grants is $550,000 in 2011.
TOTAL RESOURCES
Funding Source 2011
-- CDBG Funds $ 400,000
-- General Funds $ 650,000
Total Estimated Funds Available $ 1,050,000
CITY OF AUBURN FUNDING PRIORITIES
The expressed goal of the City's Consolidated Plan is to reduce the number of people living in
poverty with the City of Auburn. Toward this end, the City will give funding priority to
programs that - in addition to complying with federal regulations and addressing a priority
outlined in the Consolidated Plan - are consistent with the following anti-poverty strategy for
resource allocation.
1. Each project must satisfy one of the three following overriding goals:
The project must help people move out of poverty.
The project must prevent people from entering poverty.
The project must address the basic needs of people living in poverty.
2. In making funding decisions, the City will give priority to programs that:
Support, complement or are consistent with other current City plans;
Are sustainable over time;
Have demonstrated cooperation and collaboration among government, private
nonprofit agencies and the private sector to maximize impacts and reduce
administrative costs;
Do not have a more appropriate source of funds.
3. The City will give priority to programs that provide services addressing the basic needs
of Auburn's most at-risk populations. A priority population for CDBG-funded services is
individuals who are denied, by poverty and historical institutional practices, the
opportunity to develop their full potential and to enjoy the benefits of community
participation.
4. CDBG funded services must be, to the fullest extent possible, appropriate and accessible
to people who may face special barriers in accessing services.
RES.F
October 20, 2011
5
5. The CDBG program was built on a premise of citizen participation in the formation of
policies, including funding decisions, which address neighborhood and community needs.
The City will give priority to programs that promote community initiatives to identify
priority needs and to address those needs.
6. The City will give priority to programs that build and support the capacity of local
organizations to address the needs of Auburn residents.
7. The City will give priority to programs that support economic development and promote
access to quality jobs - positions that pay well enough to support an adequate standard of
living, allow the purchase of housing and other basic necessities, offer stability and
decent working conditions, and provide opportunities for advancement.
8. Funding priority will be given to agencies that provide direct services to Auburn residents
at locations within the city limits of Auburn.
COMMUNITY RESULTS DESIRED BY THE CITY OF AUBURN
The City of Auburn solicited proposals from local service providers to achieve the following
community results within the areas listed below. Population performance indicators will be
applied to assess the overall success of the effort and the value of ongoing support; these
indicators will be utilized to determine the effectiveness of individual programs.
Overall Result: One-Stop Center
The City of Auburn will fund human service providers who participate in the design,
development and operation of a One-Stop Center in Auburn and the efficient, collaborative and
integrated delivery of services it offers. Agencies who agree to participate in the design and
development of a One-Stop Center in Auburn may apply for funding to accomplish one or more
of the following community results:
Abused and Neglected Children: The City of Auburn will fund human service providers
that increase supportive services to children who are neglected and abused, specifically the
number of children who are victims of on-going and repeated neglect and abuse, within the
city of Auburn by 15% over the next three (3) years.
Victims of Domestic and Sexual Assault: The City of Auburn will fund human service
providers that increase the number of Auburn residents, who are victims of domestic
violence, that make the transition to a safe environment and self-determining lifestyle by 15%
within the next three (3) years.
Poverty Reduction: The City of Auburn will fund human service providers who increase
the number of Auburn residents no longer living in poverty by 15% within the next three (3)
years.
Substance Abuse: The City of Auburn will fund human service providers to develop
strategies that increase the successful completion of treatment programs by Auburn residents
who have serious behavioral and health problems due to substance abuse and chemical
dependency by 15% within a three (3) year period.
Physically and Mentally Fit: The City of Auburn will fund human service providers that
increase the availability, accessibility and use of health care to its low income residents by
15% within a three (3) year period.
RES.F
October 20, 2011
6
2011 PROPOSED ACTIVITIES TO ACHIEVE RESULTS
The City of Auburn requested proposals to achieve the following national objectives and
community results.
Create a Suitable Living Environment:
One-Stop Center:
-- Create a suitable living environment for Auburn's low income residents and people with
special needs by using its CDBG funds to make available float loans and Section 108
Loan Guarantees to leverage the funds necessary to develop a Community Center and
future campus for the One-Stop Center which will provide for the collocation and
integrated delivery of human services.
Abused and Neglected Children:
-- The City of Auburn proposes to allocate approximately $170,000 of its General Funds, to
generate approximately 7,700 hours of services and 160 home visits that will benefit
1,657 Auburn adults and children, for the purpose of reducing chronic abuse and neglect
of children.
Victims of Domestic and Sexual Assault:
-- The City of Auburn proposes to allocate $106,000 of its General Funds to provide 1,500
referrals for assistance, 160 bednights shelter, 700 hours of case management and 550
hours of therapy to approximately 600 victims of domestic violence and sexual assault.
Physically and Mentally Fit:
-- Create a suitable living environment by making health care available to 78 or more low-
income, uninsured Auburn residents by allocating $40,000 of CDBG funds to
HealthPoint of King County for the operation of its clinic in Auburn.
-- Create a suitable living environment by making dental care available to 70 or more low-
income, uninsured Auburn residents by allocating $12,500 of CDBG funds to
HealthPoint of King County for the operation of its clinic in Auburn.
-- The City proposes to allocate an additional $45,000 of its General Funds for the purpose
of creating access to health care to over 1,000 low-income Auburn residents and enabling
over 3,200 visits to qualified health care providers.
Poverty Reduction:
-- The City of Auburn proposes to allocate $60,000 of its General Funds to provide nearly
12,000 Auburn residents emergency assistance such as food, financial assistance, and
clothing.
-- The City of Auburn proposes to allocate $16,500 of its General Funds to provide over 60
Auburn senior citizens congregate meals and home-delivered meals and over 1,200
Auburn residents a weekly meal.
-- The City of Auburn proposes to allocate $40,780 of its General Funds to provide over
100 Auburn residents more than 3,900 bednights of emergency shelter and/or transitional
housing.
RES.F
October 20, 2011
7
Substance Abuse:
-- The City of Auburn proposes to allocate $10,000 of its General Funds to support a
program that provides integrated care to non-Medicaid clients who require both substance
abuse treatment and mental health counseling.
Provide Decent Housing:
Maintain the affordability of decent housing for very low-income Auburn residents by
allocating $150,000 of CDBG funds to the City of Auburn's Housing Repair Program for the
purpose of providing repairs necessary to maintain suitable housing for 50 Auburn
homeowners, including 25 homeowners who are senior citizens and 5 homeowners who lack
safe access in or out of their homes due to physical disabilities or impairment.
Expand Economic Opportunities:
Create economic opportunities by providing the availability and access to counseling and
training for approximately 40 Auburn residents who are either trying to sustain or create a
small business and, collectively generate 25 or more jobs by allocating $37,500 of CDBG
funds to the Green River Community College's Small Business Assistance Center.
Create economic opportunities by providing the availability and access to train approximately
12 very-low income Auburn residents so that at least half of them can find and sustain a job
by allocating $7,500 of CDBG funds to the Multi-Service Center Employment Program.
RES.F
October 20, 2011
8
DISTRIBUTION OF FUNDS
CDBG Funds
Proposed CDBG Disbursements 2012
Public Services
-- Community Health Centers: Dental Care $12,500
-- Community Health Centers: Medical Care $40,000
-- Multi-Service Center Employment Program $7,500
subtotal: Public Services $60,000
Capital Funds
-- Affordable Housing
….. City of Auburn Housing Repair Program $100,000
--Suitable Living Environment
….. Youth Outreach Center $100,000
-- Economic Development
….. GRCC Small Business Assistance Center $37,500
….. Downtown Business Façade Program $22,500
subtotal: Capital Funds $292,500
Administration
-- Program Management
…. City of Auburn Community Services $80,000
Subtotal: Administration $80,000
Total CDBG Funds: $400,000
Source of CDBG Funds: 2012
-- 2011 Estimated Entitlement: $400,000
Total Estimated CDBG Funds $400,000
RES.F
October 20, 2011
9
Human Services (General Fund) 2012
Auburn Human Service Agencies: 2012
… ACAP: Childcare Subsidies 20,000
… Auburn Youth Resources 75,000
… Birth to Three Development Center 10,000
… CHS: Family Resource Center 20,000
… CHS: Strengthening Families Program 10,000
… Children's Therapy Center 10,000
… Communities In Schools 5,000
… Neighborhood House: Emergency Assist. 5,000
… Pediatric Interim Care Center 10,000
… Safe Havens Visitation Center 5,000
subtotal: 170,000
… Consejo 10,000
... Crisis Clinic: 2-1-1 Line, 24 Hr., Teen Link 3,000
… DAWN 9,000
… KCSARC 22,500
… Jubilee Center: Latino Program 7,500
… SMH: Behavioral Responsibility 7,500
… VCCC: DV Survivor Support/Therapy 12,000
… YWCA: Children DV Services 5,000
… YWCA: DV Services 20,000
subtotal: 96,500
… Auburn Respite 5,000
… Christ Community Free Clinic 20,000
… Senior Services Vol. Transportation 5,000
… SKC: Mobile Medical Program 10,000
… VCCC: COD Treatment 10,000
subtotal: 50,000
RES.F
October 20, 2011
10
Human Services (General Fund) 2012
(Continued)
Auburn Human Service Agencies: 2012
… AFB: Emergency Food 35,000
… AFB: Community Suppers 5,000
… Auburn Senior Center: Meals Program 4,500
… CCS: CHORE Program 3,000
… CCS: HOME/ARISE 15,000
… CCS: Rita’s House 5,000
… SS: Meals on Wheels 7,000
… MSC: Emer & Transitional Housing 8,000
… New Connections 5,000
… Pregnancy Aid 5,000
… St. Vincent de Paul: Emergency Assist. 10,000
… South King Council of Human Services 5,000
… South Sound Dream Center 2,000
… Ukranian Comm. Center 7,500
… WWEE: REACH 8,000
… YWCA: Emergency Housing 4,000
… YWCA: Transitional Housing 14,000
subtotal: 143,000
Total General Fund Human Services $459,500
Contingency Plans for Changes in Funding
Total appropriations may not exceed actual revenues and no liability is to be incurred in excess of
appropriations. In the event that actual revenues are different than the revenues estimated by the
CDBG budget, the following actions shall be taken:
(a) CDBG Public Service Programs: In the event the City receives a lesser amount of CDBG
funding than budgeted for public services, then the reduction will be made as follows:
1. Reduce or eliminate the appropriation to the Multi-Service Center's Employment
Program by $7,500 or the amount of the funding reduction, which ever amount is
less.
2. Reduce the appropriation to HealthPoint by $52,500 or the remaining balance of
the reduction, which ever amount is less.
RES.F
October 20, 2011
11
(b) CDBG Capital-Funds Programs: In the event of a reduction in CDBG capital funds, the
amount of reduction will be prorated evenly among the funded project.
(c) Unspent CDBG Capital Grants: The funds appropriated to subrecipients for capital
improvements must be expended within the term of the subrecipient’s CDBG grant
agreement. CDBG funds appropriated for capital improvements will be considered
abandoned, and the funds will be re-appropriated, if any of the following conditions exist:
(a) The term of the grant agreement expires and the subrecipient fails to request an
extension in accordance with the terms of the agreement.
(b) The subrecipient fails to submit a request for reimbursement or fails to submit an
activity report during the program year.
(c) The subrecipient fails to make the project “bid ready” within the first year after
the appropriation. “Bid ready” means that, at a minimum, the bid specifications
are drafted and the subrecipient is ready to solicit bids.
(d) General Fund Public Services:
1. Reduction of General Fund Revenues: In the event of a reduction in the general
fund appropriation for human services, the reductions will be applied in the
following order:
(a) Communities In Schools: the lesser of $5,000 or the amount of
the reduction.
(b) St. Matthew's Jubilee Center's Latino Program: the lesser of
$7,500 or the remaining amount of the reduction.
(c) CHORE Program: the lesser of $3,000 or the remaining amount
of the reduction.
(d) If the above reductions remain less than the total amount of the
general fund reduction, then the remaining amount of the
reduction will be applied evenly by a prorated amount among the
remaining appropriations.
2. Increase in Funding: In the event of an increase in funding, then previous reductions
in appropriated amounts, if any, will be restored to the amounts recommended for
2012 in the reverse order in which the above reductions were made. If funds remain
after all reductions have been restored, then the remaining funds will be distributed
according to the allocation recommended by the Planning and Community
Development Committee and approved by the City Council.
FAIR HOUSING
The City of Auburn continues to monitor compliance with the Fair Housing Act. Complaints are
referred to the Washington State Human Rights Commission for resolution. In 2006, the City
completed an Analysis of Impediments to Fair Housing Choice (AI) as required for CDBG
entitlement communities. The Fair Housing Consultant identified three impediments and made
three recommendations. The recommendations were:
• Expand current education and outreach efforts;
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October 20, 2011
12
• Continue ongoing enforcement activities; and
• Target homeownership and lending marketing to minority households.
The City has implemented and continues to expand these recommendations. Information about
Fair Housing will be put on the City of Auburn's website and made available at City Hall. The
information will include links pertaining to where residents can file a complaint in the event of
alleged discrimination. Information will be available in English and Spanish. Summary data
regarding the number of fair housing complaints filed against landlords and realtors in Auburn
will be reported in the CAPER.
PUBLIC HOUSING
The City of Auburn continues to support public housing communities located within its city
limits. Many of the residents who receive the services provided by the City's human service
grants live in public housing communities. Two grant recipients are located within public
housing communities. In addition, the City of Auburn's Housing Repair program serves
approximately 10 – 12 residents per year who live at Tall Cedars Mobile Home Park, which is
owned by the King County Housing Authority. Home repairs include furnaces, hot water tanks,
wheelchair ramps and other repairs necessary to keep the home habitable. The following
summarizes the grants provided to specific public housing communities:
Agency/Program Public Housing Community Amount
Auburn Food Bank Burndale $40,000
Housing Repairs Tall Cedars Mobile Home Park $50,000
Total: Public Housing Community Programs $90,000
CHRONIC HOMELESSNESS
The City of Auburn will continue to provide funding to regional and local agencies that provide
assistance to homeless families. In 2012 the City will strive to maintain a continuum of care for
homeless families that includes emergency assistance, emergency shelters, severe weather shelter
and transitional housing. In addition, the City provides funds for the provision of medical care,
childcare and employment training to help prevent people from becoming homeless. The City of
Auburn plans to allocate $49,780 of its General Funds to provide more than 4,000 bednights of
emergency shelter and/or transitional housing to approximately 120 Auburn residents. The
following summarizes the grants awarded with the intent to reduce chronic homelessness:
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Agency / Program Award Residents Services
Provided
DAWN Confidential Shelter $9,000 15 160 bednights
Multi-Service Center $8,000 29 870 bednights
HOME/ARISE Emergency Shelter $15,000 30 1,650 bednights
YWCA Emergency & Transitional Housing $17,780 46 1,400 bednights
Total: $49,780 120 4,080 bednights
GEOGRAPHIC DISTRIBUTION
CDBG funds spent on neighborhood revitalization and housing repairs for targeted
neighborhoods will occur primarily within the Census Tract 306 and Census Tract 307.
According to the Census Bureau, these two census tracts are predominantly low income with
median household incomes less than 80% of the King County median household income. Public
services funded with CDBG funds and housing repairs in non-targeted neighborhoods will be
offered to low income or limited clientele residents citywide.
LEAD-BASED PAINT HAZARDS
The City of Auburn will continue to implement U.S. Department of Housing and Urban
Development (HUD) regulations to protect young children from lead-based paint hazards in
housing that is financially assisted by the federal government. The requirements apply only to
housing built before 1978, the year lead-based paint was banned nationwide for consumer use.
The following table summarizes actions required by these regulations.
Amount of Grant <$5,000 $5,000-$25,000 > $25,000
General Approach Do No Harm Identify and control
lead hazards
Identify and abate
lead hazards
Notification Pamphlet Pamphlet & Notice of
Assessment
Pamphlet & Notice of
Hazard Reduction
Evaluation Visual Paint Testing Risk Assessment
Reduction Strategy
Repair surfaces
disturbed during
rehab work
Interim Controls Abatement and
Interim Controls
BARRIERS TO AFFORDABLE HOUSING
The City of Auburn will continue to look at policies that remove barriers to affordable housing.
The City of Auburn's Comprehensive Land Use includes several policies and objectives that will
guide the City toward achieving its affordable and fair housing goals. These policies include
maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities.
The City will continue to pursue mixed use developments that are consistent with the
transportation oriented developments located in Auburn's downtown. The City will look for
opportunities with public and private agencies to implement policies and offer programs that help
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October 20, 2011
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alleviate physical and economic distress, conserve energy resources, improve the quality and
quantity of community services, and eliminate conditions that are detrimental to health, safety
and public welfare.
LOW-MODERATE INCOME BENEFITS
Over the past three years approximately 90% of the clients served by programs funded with
CDBG funds earned low to moderate incomes. The beneficiaries of programs funded in 2012
with CDBG funds are not expected to deviate from these past trends. The City of Auburn will
continue to distribute its funds for human services based on priority needs identified for people
with low-to-moderate incomes with a particular emphasis on people who live in poverty.
POLICIES AND CERTIFICATIONS
Agencies applying for CDBG funds are required to respond to general and program specific
polices in their applications. All projects are evaluated to determine if they are:
1. Eligible relative to federal guidelines;
2. Consistent with the program objectives and strategies;
3. Consistent with local, state and federal regulations;
4. Feasible within contract and timeline guidelines; and
5. Capable of developing and measuring outcomes.
These policies include, among others:
• Consistency with local codes and policies;
• Restrictions on the change of use of property and buildings which were acquired or
improved with CDBG funds;
• Minimization of displacement and the provision of relocation assistance;
• Adherence to federal wage rates;
• Compliance with federal audit requirements; and
• Adherence to and enforcement of lead-based paint abatement regulations, fair
housing laws and affirmative action.
DOCUMENTATION AND ON-SITE MONITORING
Detailed records are maintained and reviewed to determine and assure agency compliance with its
contract and other applicable regulations. Deficiencies in record keeping are documented and
technical assistance to correct noted deficiencies is provided. The failure to comply with
contractual requirements and regulations could result in remedial actions and/or the termination
of funding.
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FISCAL AUDITS
The City conducts an internal audit to ensure that its records are complete and agencies are
complying with applicable rules and regulations. In addition, the City’s records are subject to an
independent annual audit by the State Auditor. Both the City's internal audit and the State
Auditor test to determine the City’s compliance with the following CDBG requirements:
Political Activity;
Davis-Bacon and Related Acts;
Civil rights;
Cash Management;
Federal Financial Reports;
Allowable Costs & Cost Principles;
Drug-Free Workplace Act; and
Various administrative
requirements.
MORE INFORMATION
For more information and/or to get on the City's mailing list for Consolidated Plan
updates and grant applications, please contact:
Michael Hursh, Community Services Manager
Department of Administration
25 West Main Street, Auburn, WA 98001
Phone: (253) 804-5029
Email: mhursh@auburnwa.gov
RES.F
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4768
Date:
October 27, 2011
Department:
Administration
Attachments:
Resolution No. 4768
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4768.
Background Summary:
RCW 42.17.130 authorizes city councils to take collective action regarding ballot
measures appearing before the voters so long as the action is taken at a public meeting,
the intended action is identified on the agenda, and where the opportunity for opposing
views is given to attendees at the public meeting.
Initiative 1183, if passed, would close state liquor stores and sell their assets; license
private parties to sell and distribute spirits; set license fees based on sales; regulate
licensees; and change regulation of wine distribution.
Initiative 1183 provides that private distributors and retailers will pay a percentage of
their liquor revenues to the state, that the current revenue distrtibution to local
governments shall continue, and that a portion of the new liquor fees shall be dedicated
to local public safety programs.
In light of the value and the benefits to the citizens of Auburn of increased revenues for
local public safety programs, it is appropriate that the City Council support this ballot
measure as permitted pursuant to RCW 42.17.130.
A3.3.1
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Backus Staff:Heid
Meeting Date:November 7, 2011 Item Number:RES.I
AUBURN * MORE THAN YOU IMAGINEDRES.I
AUBURN * MORE THAN YOU IMAGINEDRES.I
RESOLUTION NO. 4 7 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, SUPPORTING
INITIATIVE 1183 CONCERNINGLIQUOR: BEER,
WINE, AND SPIRITS (HARD LIQUOR)
WHEREAS, Initiative Measure No. 1183 ("I-1183"), if passed, would close
state liquorstores and selltheir assets; license privateparties to sell and
distribute spirits; setlicense fees based on sales; regulate licensees; and change
regulation of winedistribution; and
WHEREAS, the proponents of I-1183 state that "...the govemment
monopoly on liquor distribution and liquorstores in Washington and thestate
govemment regulations that arbitrarilyrestrict the wholesale distribution and
prices of wine are outdated, inefficierrt, and costly to local taxpayers; consumers,
distributors, and retailers." and
WHEREAS, 1-1183 provides that private distributors and retailers will pay
a percentage of their liquor revenues to the state, that thecurrent revenue
distribution to local govemments shall continue, and fhat a portion of the new
liquorfees shall be dedicated to local public safetyprograms; and
WHEREAS, it is antioipated that I-1183 will increase the standards for
training and supervision of employees selling spirits atretail locations, andwill
increase thefines for selling liquor to minors; and
WHEREAS, RCW42.17.130 authorizes city councils totake collective
actionregardingballotmeasuresappearing before the voters so long as the
action is taken at a public meeting, theintendedaction is ident ed on the
Resolution No. 4768
October 27, 2011
Page 1 of 3
RES.I
agenda and where the opportunity for opposing views is given to attendees at the
public meeting; and
WHEREAS, in light of the value and the benefits to the citizens ofAubum
of increased revenues for local publicsafety programs, it is appropriate that the
City Councilsupport this6allot measure as permittedpursuarrt to RCW
42.17.130.
NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
HEREBYRESOLVES as follows:
Section 1. That the City Council supportsInitiative 1183, comingbefore
thevoters at the November 8, 2011 general election.
Section 2. Thatthis Resolu6on shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of 2011.
CITY OF AUBURN
ATTEST:PETER B. LEWIS, MAYOR
Danielle E. .Daskam, Ciry Clerk
APPR VED AS TO FORM:
D el B. ' ,Attomey
Resolution No.4768
October 27, 2011
Page 2 of 3
RES.I
RCW 42.17.130'
42.17.130 Use of public office or agency facil"ies in campaigns — Prohibition -
Exceptions:
No elective official nor any employee of his [or her] office nor any person
appointed to or employed by any public o ce or,agency may use or authorize
the use of any,of the facilities of a public office or agency, directly or indirectly, for
the purpose of assisting a campaign for election of any person to any offce or for
the promotion of or opposition to any ballot proposition. Facilities of a public
office or agenqy include, 6ut are not limited to, use of stationery, postage,
machines, and equipment, use of employees of the o ce or agencyduring
working hours, vehicles, office space, publications of the office or agency, and
clientele lists of persons served by the ce or agency. However, this does not
apply to the following activities.:
1) Action talien at an open public meetingby members of an elected
legislative body oc by an elected board, council, or commission of a spec.ial
purposedistrict including, buY not limited to, fire districts, public hospital districts,
library districts, park districts, port districts, publicutility districts, schooldistricts,
sewer districts, and water districts, to express a collectiVe decision, orto actually
vote: upon a motion, proposal, resolution, order, orord'inance, or to support or
oppose a ballot proposition so long as (a) any requirednotice of themeeting
includes the title and number of the ballot proposition, and (b) members of the
legislative body, members of the board, council, or commission of thespecial
purposedistrict, or members of the public are afforded an approximatelyequal.
opportunity for the expression.of an opposing view;
2) A statemeM by an elected o cial in support of or in opposition to any
ballot proposition at an open pressconference or in response to a specfic
inquiry;
3) Activitieswhich are part of the normal and regularconduct of theoffice
or agency:[2006 c 215 § 2; 1979 ex,s. c 265§ 2; 1975-'76 2nd ex.s. c 112 § 6;
1973 c1 § 13 (Initiative Measu e No. 276, approved November7, 1972).]
Effective until January 1,2012.Recodified as RCW 42.17A.555:)
Resolution No. 4768
October 27, 2011
Page S of 3
RES.I