HomeMy WebLinkAbout12-05-2011 Agenda Packet
City Council Meeting
December 5, 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. Presentation - "More Than You Imagined" Award
Mayor Lewis to present the "More Than You Imagined" Award to Bud Larson
for his years of service on the Auburn City Council and Law Enforcement
Officers and Fire Fighters (LEOFF) Board.
2. Proclamation - "Miss Auburn Scholorship Program Days"
Mayor Lewis to proclaim January 21, 2012 for the Teen Program and
February 3 and 5, 2012 as "Miss Auburn Scholorship Program Days" in the
City of Auburn.
3. Planning Commission Appointment
City Council to confirm the appointment of Mark Ramey to the Planning
Commission to fill an unexpired term expiring December 31, 2013.
(ACTION REQUESTED: City Council confirm the appointment of Mark
Ramey to the Planning Commission.)
4. Planning Commission Reappointment
City Council to confirm the reappointment of Judi Roland to the Planning
Commission for a three year term expiring December 31, 2014.
(ACTION REQUESTED: City Council confirm the reappointment of Judi
Roland to the Planning Commission.)
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1. Right-of-Way Vacation Application No. V3-11 (Wagner/Dowdy)
City Council to conduct a public hearing to receive public comments and
suggestions with regard to the proposed Right-of-Way Vacation V3-11
(ACTION REQUESTED: City Council conduct the public hearing. See
Item No. VIII.C, Ordinance No. 6381, for further action on this item.)
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
1. November 28, 2011 Draft Minutes* (Peloza)
B.Planning & Community Development
1. November 28, 2011 Draft Minutes* (Norman)
C.Public Works
1. November 21, 2011 Minutes* (Wagner)
D.Finance
1. November 21, 2011 Minutes* (Backus)
E.Les Gove Community Campus
F.Downtown Redevelopment
G.Council Operations Committee
IV.REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A.From the Council
B.From the Mayor
V.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Claims Vouchers (Backus/Coleman)
Claims check numbers 407350 through 407720 in the amount of $5,911,428.33
and dated December 5, 2011.
B. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532405 to 532492 in the amount of $339,053.36 and
electronic deposit transmissions in the amount of $1,267,875.46 for a grand total of
$1,606,928.82 for the pay period covering November 17, 2011 to November 30,
2011.
C. Minutes of the November 7, 2011 Regular Meeting*
(ACTION REQUESTED: City Council approve the Consent Agenda.)
VI.UNFINISHED BUSINESS
There is no unfinished business.
VII.NEW BUSINESS
There is no new business.
VIII.ORDINANCES
A. Ordinance No. 6378* (Backus/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by
Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362 and Ordinance No.
6370 authorizing amendment to the City of Auburn 2011-2012 Budget as set forth
in Schedule "A"
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6378.)
B. Ordinance No. 6379* (Backus/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by
Ordinance No. 6351, Ordinance No. 6352, 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"
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6379.)
C. Ordinance No. 6381* (Wagner/Dowdy)
An Ordinance of the City Council of the City of Auburn, Washington, Vacating
Right-of-Way of 8th Street NE, West of A Street NE, within the City of Auburn,
Washington
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6381.)
D. Ordinance No. 6394* (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, relating to
planning; adopting Comprehensive Plan Map and Text Amendments pursuant to
the provisions of RCW Chapter 36.70A
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6394.)
IX.RESOLUTIONS
A. Resolution No. 4769* (Norman/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, setting the time
and date for a public hearing before the City Council on the 2012-2017
Transportation Improvement Program
(ACTION REQUESTED: City Council adopt Resolution No. 4769.)
B. Resolution No. 4771* (Backus/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a contract with Washington2 Advocates, LLC, for
consulting services
(ACTION REQUESTED: City Council adopt Resolution No. 4771.)
C. Resolution No. 4775* (Backus/Heineman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute and publish an amended Deferred Compensation
Plan for the City of Auburn that complies with the new provisions of federal law that
deal with government deferred compensation plans
(ACTION REQUESTED: City Council adopt Resolution No. 4775.)
D. Resolution No. 4777* (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. 4777.)
E. Resolution No. 4779* (Wagner/Heid)
A Resolution of the City Council of the City of Auburn, Washington, repealing
Resolution No. 4670 passed December 20, 2010 as amended by Resolution No.
4692 passed March 21, 2011, as amended by Resolution No. 4741 passed August
15, 2011, and designating the members, powers, duties and meeting times and
day of all standing committees of the City Council of the City of Auburn
(ACTION REQUESTED: City Council adopt Resolution No. 4779.)
X.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Vacation Application No. V3-11
Date:
November 28, 2011
Department:
Public Works
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 Right-of-Way Vacation V3-11.
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the
proposed right-of-way vacation for V1-10 for the right-of-way of 8th Street NE, west of A
Street NE. The date of the public hearing was set by Resolution No. 4755 on November
7, 2011.
O3.9 V3-11
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:December 5, 2011 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 28, 2011 Draft Minutes
Date:
November 29, 2011
Department:
Police
Attachments:
Draft Minutes November 28, 2011
Meeting
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
For information only .
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:December 5, 2011 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1
Municipal Services Committee
November 28, 2011 - 3:00 PM
City Hall Conference Room 3
MINUTES
DRAFT
I. CALL TO ORDER
A. Roll Call
Chair Peloza called the meeting to order at 3 p.m. in Conference Room 3 on the second floor of
City Hall, 25 West Main Street, Auburn WA. Members present: Chair Bill Peloza, Vice Chair Sue
Singer, Member John Partridge. Staff present: Mayor Peter Lewis, Chief of Police Bob Lee,
Director of HR/Risk Management Brenda Heineman, Finance Director Shelley Coleman, Solid
Waste & Recycling Coordinator Joan Nelson, Financial Services Manager Rhonda Ewing, Police
Secretary/Scribe Kathy Emmert. Others present: Councilmember Virginia Haugen,
Councilmembers elect Largo Wales, Wayne Osborne, John Holman and Auburn Reporter
representative Robert Whale.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes November 14, 2011 Meeting
Vice Chair Singer moved to accept the Minutes as written. Member Partridge seconded. Chair
Peloza concurred.
MOTION CARRIED: 3-0
III. DISCUSSION ITEMS
A. Resolution No. 4775 (Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute and publish an amended
deferred compensation plan for the City of Auburn that complies with the
new provisions of federal law that deal with the government deferred
compensation plans
The Committee supports Resolution No. 4775 which amends the City deferred compensation
program in keeping with applicable federal law.
B. Direct Billing for Garbage Disposal (Coleman)
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MS.1
The City in conjunction with MSWMAC is considering the possibility of direct billing for tipping fees
of solid waste versus the current method which is through the hauler. As additional information,
pros and cons are assessed and a review of the City's solid waste rates occurs the Committee will
make its recommendation to the full Council.
C. VADIS Service Agreement AG-S-053 (Coleman)
The Committee supports the renewal of this contract with some recommended changes to the
language for clarification. There are some tasks Councilmembers would like to see being
accomplished however there are considerations of safety and other factors. The topic of these
additional items will be on the January 9 agenda.
D. Golf Course Working Capital Review (Coleman)
For discussion only.
The Committee reviewed the documentation provided by Finance. It is anticipated that the report
of the consultant who recently conducted an on-site visit will be available in early December. The
Committee agreed to change the review of the Golf Course to a quarterly basis with the next
review being in April 2012. This will allow sufficient time not only for new Council/Committee
members to become familiar with the issues but current Committee members and staff will have
ample time to review the consultant's recommendations.
E. Waste Management Re-Route (Coleman)
The map of the revised routes has not been received. Once it has been, it will be brought back to
the Committee.
F. Matrix
The Matrix is revised as follows:
Item 28P - The status has been amended adding wording that through MSWMAC input
regarding the possible direct billing for tipping fees versus payment of these fees through the
hauler will be discussed and included in the June 2012 review of the solid waste rates.
Item 29P - The status has been amended to include language indicating anticipation of the
receipt of the report from the consultant for discussion at the December 12 meeting. Also, the
review will now move to a quarterly basis with the next review set for the second meeting in April.
This will coincide with other quarterly reports on the Matrix.
IV. ADJOURNMENT
The meeting adjourned at 3:58 p.m.
The next meeting of the Municipal Services Committee will be on December 12, 2011 at 3 p.m. There
will be no meeting on December 27, 2011.
Signed this _____ day of _______________________2011
________________________________________ _____________________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
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MS.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 28, 2011 Draft Minutes
Date:
November 30, 2011
Department:
Planning and Development
Attachments:
PCDC 11/28 Agenda
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Norman Staff:
Meeting Date:December 5, 2011 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1
Planning and Community Development
November 28, 2011 - 5:30 PM
Annex Conference Room 2
AGENDA
I. CALL TO ORDER
A. Roll Call
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. Minutes - November 14, 2011* (Synder)
III. ACTION
A. Resolution No. 4769* (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, Setting the
Time and Date for A Public Hearing Before the City Council on the 2012-2017
Transportation Improvement Program.
B. Ordinance No. 6394 - 2011 Comprehensive Plan Amendments*
(Chamberlain)
Request for Committee action to move Ordinance No. 6394 - 2011 Comprehensive
Plan Amendments to full City Council on December 5, 2011.
IV. DISCUSSION ITEMS
A. Resolution No. 4771* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a contract with Washington2 Advocates, LLC, for
consulting services
B. 2012-2017 Transportation Improvement Program* (Dowdy)
Review draft six-year Transportation Improvement Program.
C. 2011 Phase II Code Update - Grouping 1* (Chamberlain)
Discuss Planning Commission recommendation on amendments to Title 18 -
Zoning, related to parking regulations, landscaping regulations, administrative
variance process, and outdoor lighting standards.
D. Ordinance No. 6393 - School Impact Fees* (Chamberlain)
Review the proposed school impact fees for 2012 from the four school districts
within the City.
E. Building Code and Land Use Code Issues for Business Use of Semi Truck
Trailers* (Snyder)
Discuss potential building and land use code issues and options for use of semi-
Page 1 of 256PCD.1
truck trailers by businesses for conduct of certain business functions.
F. Director's Report (Snyder)
G. PCDC Status Matrix* (Snyder)
V. 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.
Page 2 of 256PCD.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 21, 2011 Minutes
Date:
December 1, 2011
Department:
Public Works
Attachments:
November 21, 2011 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:December 5, 2011 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1
Public Works Committee
November 21, 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 and Vice-Chair Bill Peloza were present. Also present
during the meeting were: Mayor Pete B. Lewis, Public Works Director
Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City
Engineer Ingrid Gaub, Traffic Engineer Pablo Para, Engineering Aide
Amber Mund, Project Engineer Robert Lee, Street Systems Engineer Seth
Wickstrom, Project Engineer Ryan Vondrak, Project Engineer Jacob
Sweeting, Storm Drainage Engineer Tim Carlaw, Water Utility Engineer
Cynthia Lamothe, Sanitary Sewer Engineer Robert Elwell, Planning Director
Kevin Snyder, Principal Planner Jeff Dixon, and Public Works Secretary
Jennifer Rigsby.
Members of the public in attendance included: Councilmember-Elect Wayne
Osborne and Councilmember-Elect John Holman.
Member Haugen was absent.
B. Announcements
C. Agenda Modifications
There were three agenda modifications, Consent Item H, Resolution A, and
Discussion Item F.
II. CONSENT AGENDA
A. Approval of Minutes (Dowdy)
Councilmember Peloza moved and Councilmember
Wagner seconded to Approve the Public Works Committee Meeting minutes for
date, November 7, 2011.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
B. Right-of-Way Use Permit No. 11-31 (Mund)
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PW.1
Councilmember Peloza moved and Councilmember
Wagner seconded to Approve Right-of-Way Use Permit No. 11-31 for
Auburn Adventist Academy.
Engineering Aide Mund explained that the Auburn Adventist Academy has
applied for a Right-of-Way Use Permit for April 29, 2012 to hold a half-
marathon fund raiser for their school. Mund reviewed the running route with
the Committee. The Academy is responsible for providing their own traffic
control and is responsible for having off-duty police officers or certified
flaggers control the intersections.
Chairman Wagner asked how the neighborhood will be notified by the
applicant, as stated in Special Condition No. 6. Engineering Aide Mund
answered that the applicant will be doing individual mailings.
Engineering Aide Mund stated that the applicant is responsible for paying
for off-duty police or flaggers to control the intersections during their event,
in response to a question asked by Vice-Chair Peloza.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
C. Public Works Project No. CP0921 (Lee)
Councilmember Peloza moved and Councilmember
Wagner seconded to grant permission to initiate Project No. CP0921 Bi-
Annual Sanitary Sewer Repair & Replacement.
Project Engineer Lee stated that this is a Bi-annual program and the
project’s scope of work includes replacing damaged mains or performing
internal spot repairs.
Lee answered questions asked by Chairman Wagner regarding the main
replacement on E Main Street and R Street SE.
Chairman Wagner asked about the traffic control plan for Auburn Way S
during the time that work is being done. Project Engineer Lee responded
that the main is located outside of the driving path and it is an internal repair
so work will not affect traffic.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
D. Public Works Annual On-Call Professional Services (Gaub)
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council approve the Annual
On-Call Professional Service Agreements and Amendments for 2012.
Assistant City Engineer Gaub explained that the consultants are all on call
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PW.1
so if staff needs their expertise they can be use, whether it is for specific
project or for assistance during the development process.
Assistant City Engineer Gaub explained that the on-call agreements are
primarily used to supplement staff when doing internal design or
engineering work that has not been formally contracted to a consultant to
do, in response to a question asked by Chairman Wagner. Gaub stated that
the agreements also include modeling work for the water, sanitary sewer,
storm, and transportation systems.
Assistant City Engineer Gaub described how work is assigned to and
completed by the on-call consultants using task orders, in response to a
question asked by Vice-Chair Peloza.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
E. Public Works Project No. CP1121 (Wickstrom)
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council grant permission to
advertise for Project No. CP1121 – 2011 Local Street Pavement
Reconstruction – Phase 2
Street Systems Engineer Wickstrom confirmed for the Committee that
Phase 2 included all of the rebuild streets.
Street Systems Engineer Wickstrom stated that there is a storm drainage
problem north of 2nd Street on Pike Street and that is why the intersection
is being replaced to both north and south of the intersection, in response to
a question asked by Chairman Wagner.
Street Systems Engineer Wickstrom stated that there will be new curbing
along H Street SE, in response to a question asked by Vice-Chair
Peloza. Vice-Chair Peloza asked for the cost of the repairs to just H
Street. Street Systems Engineer Wickstrom stated the cost is approximately
$250,000.00 for just the street repairs.
Wickstrom stated that residents will be notified of the work being scheduled
for their streets early in 2012.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
F. Public Works Project No. CP1005 (Vondrak)
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council approve Change
Order No. 3 in the Amount of $102,250.00 to Contract No. 11-08 on Project
No. CP1005 South Division Street Promenade.
Page 3 of 13
PW.1
Chairman Wagner asked if there is any way to trace back the original owner
of the abandoned underground storage tank. Project Engineer Vondrak
stated that staff has done some research and has sent out letters to the
current and former property owners regarding potential liability.
Project Engineer Vondrak stated that the change order amount has not
affected the budget for improvements to the plaza, in response to a
question asked by Chairman Wagner.
Vice-Chair Peloza asked how much liquid had to be pumped out of the
abandoned tanks. Project Engineer Vondrak answered that there were no
chemicals in the tank and it had been filled with sand.
Assistant Director/City Engineer Selle stated that everything will be ADA
accessible once the project is complete, in response to a question asked by
Vice-Chair Peloza.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
G. Public Works Project No. CP0756 (Sweeting)
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council approve Final Pay
Estimate No. 4 to Contract No. 11-02 in the Amount of $78,549.44 for a
Total Contract Price of $486,927.14 with Hoffman Construction, Inc. and
Accept Construction of Project No. CP0756 Lea Hill Pump Station
Decommissioning Phase 2.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
H. Public Works Project No. C201A (Sweeting)
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council grant permission to
advertise for bids for Project No. C201A, M Street Underpass Project.
Chairman Wagner congratulated staff on the award of the Transportation
Improvement Board grant.
Assistant Director/City Engineer Selle explained the process of obligating
funds to projects during various stages of project development, in response
to a question asked by Chairman Wagner.
Chairman Wagner asked if all of the funds for the project are
obligated. Project Engineer Sweeting confirmed that all of the funds will be
obligated prior to the project being advertised for bid.
Page 4 of 13
PW.1
Motion Carried Unanimously. 2-0. Those absent: Haugen .
III. ORDINANCES
A. Ordinance No. 6391 (Carlaw)
An Ordinance of the City Council of the City of Auburn, Washington,
Amending Chapter 13.41 of the Auburn City Code Relating to Utility
Systems Development Charge
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council introduce and adopt
Ordinance No. 6391.
Assistant Director/City Engineer Selle explained that developers still have to
meet the adopted design requirements no matter what type of Low Impact
Development methods they use, in order to have their plans and permits
approved, in response to a question asked by Chairman Wagner.
Chairman Wagner asked about the appeal procedure outlined in Section
13.41.070. Mayor Lewis pointed out that the appeals process in section
13.41.070 applied to collection of fees.
The Committee and staff discussed bond indebtedness.
Vice-Chair Peloza asked for the definition of “service unit.” Storm Drainage
Engineer Carlaw answered that the service unit for the Storm Utility has
been determined to be 2,600 sq ft of impervious surface.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
IV. RESOLUTIONS
A. Resolution No. 4776 (Sweeting)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Accept a Grant from the Washington State
Transportation Improvement Board for Construction of the M Street SE
Underpass Project
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council adopt Resolution
No. 4776.
Motion Carried Unanimously. 2-0. Those absent: Haugen .
V. DISCUSSION ITEMS
A. 2011 Comprehensive Plan Amendments (Dixon)
Referencing page 60 of 82 of the agenda packet, Chairman Wagner asked
why the word “industrial” was added to the description and purpose of the
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Stuck River Road and Mount Rainier Vista Special Plan areas, P/T #11.
Principal Planner Dixon explained that the recommended amendment is in
relationship to a privately initiated Comprehensive Plan amendment
application that the City received this year to embark on the process of
preparation of a special area plan for the Stuck River Road and Mount
Rainier Vista Special Plan areas. Dixon stated that these initial text
amendments will set the stage for future plan preparation and identifies the
future land uses to be studied within the special plan areas.
Chairman Wagner pointed out that the word “industrial” in not included on
page 14-21 of the Comprehensive Plan. Principal Planner Dixon stated that
the word was added at the Planning Commission Hearing at the request of
both the applicant and the City.
The Mayor and Chairman Wagner discussed the reason as to why the
applicant and the City requested that “industrial” be included.
Principal Planner Dixon stated that the applicant’s testimony at the hearing
was that they were supportive of inclusion of industrial land uses and
planning commission agreed with the recommendation for the potential
range of uses that could be considered for study in that future special area
plan effort. Dixon pointed out that when the special area plan is finally
prepared to be incorporated into the City’s Comprehensive Plan, it would
require an additional Planning Commission Hearing and City Council action
to add it in the future.
Dixon responded that the Comprehensive Plan notebooks will be updated
prior to future action by the Committees and Council, adding “industrial” to
page 14-21, following a question asked by Chairman Wagner.
Principal Planner Dixon said that the purpose of this proposed text
amendment is to allow for the potential uses for the area to be evaluated
and studied. The proposal does not change the colored map designation, in
response to a comment made by Chairman Wagner against industrial uses
being allowed in such a large area.
Chairman Wagner stated that the text recommendation now opens up an
additional 300 acres to be considered for industrial use and spoke against
that. Principal Planner Dixon responded that the evaluation of industrial land
uses could result in a more narrow scope on the type of industrial uses that
are allowed in the special plan area. Dixon used the Lakeland Hills South
area as an example of a large master planned area subject to a special
area plan.
The Committee and staff continued discussion the recommended text
amendment. Chairman Wagner spoke against opening up an additional 300
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acres to industrial development.
As an example of how the future development could be phased, Principal
Planner Dixon described the reclamation process that has already been
started in the area.
Chairman Wagner spoke about reconsidering the amendment to limit the
industrial uses only to the areas with existing industrial use; the mining
areas. Dixon pointed out the part of the amendment is geared toward
determining what the extent, location and type of industrial might be
appropriate.
The Committee and staff discussed the history of the special plan area and
that the purpose is to establish the appropriate type and manner of
development.
Principal Planner Dixon explained that the purpose of the discussion is to
share with the Committee the progress of the Planning Commission’s
recommendations on the Comprehensive Plan map and text amendments
and the Council can choose to go with the Commission’s recommendations
or not. The recommendations are not going to Council for action until
December 5, 2011. Mayor Lewis asked that Chairman Wagner’s
recommendations to limit the potential industrial uses be taken to the
Planning and Community Development Committee at their 11-28-11
Meeting.
Chairman Wagner noted a difference between the text changes
emphasizing manufacturing uses and the summary of the same issue
provided in staff memo related to P/T #10. Planning Director Snyder stated
that the difference is attributable to Planning Commission recommendation
that staff looks at the potential to use incentives to encourage and facilitate
transition of areas in the City away from warehouses and distribution uses.
In relation to P/T #5 and the City’s Capital Facilities Plan, Chairman Wagner
spoke about the importance of investing in community building amongst
diverse cultures through the development of public facility
buildings. Chairman Wagner asked staff to include an additional goal in
Chapter 2 that states the City will try to enhance the community and
enhance the inclusion of new residents. Mayor Lewis agreed.
Also in relation to P/T #5 and the City’s Capital Facilities Plan page 17
Planning Director Snyder and Principal Planner Dixon addressed the
concerns of Chairman Wagner regarding GMA regulations and the City’s
effort to improve the Level of Service (LOS) along corridors and at
intersections. Chair Wagner wanted to ensure that language reflects use of
intersection and corridor LOS which it does.
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Also in relation to P/T #5 Chairman Wagner suggested including the
Engineering funds for projects #6 (S 277th St – Auburn Way North to Green
River Bridge) and #8 (A St NW phase 2) in order to complete some
preliminary engineering and begin applying for grants, referencing page 22
of the Capital Facilities Plan. Chair Wagner also commented that Project
#4 (I St NE) will be influenced by the development agreement.
Chairman Wagner verified with Planning Director Snyder that there were no
changes made to the Bicycle Task Force language amending the
Transportation Plan P/T #6.
Chairman Wagner asked if the Climate Protection and Air Quality section is
in response to the carbon footprint study. Principal Planner Dixon answered
that the section is an effort to build on the inventory that the City has
already completed and puts some policy guidance in place P/T#9.
Vice-Chair Peloza spoke in favor of P/T # 9 which supports the environment
and energy efficiency and that it mirrors the Nation League of Cities
policies. Vice-Chair Peloza asked if staff reviews the National League of
Cities policies. Planning Director Snyder stated that Environmental Planner
Anderson reviewed a suite of different policy statements by different
organizations, in which the National League of Cities is included.
B. Resolution No. 4765 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington
authorizing the Mayor and City Clerk to execute a Memorandum of
Agreement with Ceradimm, LLC replacing and superseding the Master
Development Agreement with Alpert International, LLLP previously
approved by passage of Resolution No. 4663
Planning Director Snyder explained that the language in the agreement has
been updated. The new language is represented in Section 3. The Planning
and Community Development Committee did recommend adoption of the
revised Resolution No. 4765.
Snyder explained the revisions to the language in Section 3.
Planning Director Snyder answered that a 30 day time frame is an industry
standard for the amount of time provided for communication between two
parties during a land transaction, in response to a question asked by Vice-
Chair Peloza regarding the last paragraph of page 69 or 82.
C. Traffic Signal Timing (Para)
Traffic Operations Engineer Nutter presented information regarding the
traffic signals in the City and the basics of signal timing to the Committee.
Nutter stated that there are 91 operating traffic signals in the City and 66
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PW.1
are remotely accessible from the central signal control system, ITS.
Traffic Operations Engineer Nutter explained that traffic signal coordination
plans are strongly influenced by dynamic conditions such as, corridor
speeds, traffic signal spacing, congestion, traffic volumes, pedestrian
volumes, traffic signal cycle lengths, signal phasing and intersection
geometry.
Using a diagram of a generic intersection, Traffic Operations Engineer
Nutter demonstrated a typical 8 phase signal operation for the
Committee. Nutter reviewed signal timing and cycle lengths. Staff uses
modeling software to set signal timing and the timing is based on the
required traffic movements at an intersection and their traffic
volumes. Assistant Director/City Engineer Selle clarified that software is
used for modeling to set the basic timing plan and then the timings are
programmed into the computer that runs the signal, in response to a
question asked by Vice-Chair Peloza. Chairman Wagner asked how long
the City has been using the software, Synchro. Traffic Operations
Engineers answered that the City has been using Synchro for over 15
years, since the software was first released. Selle explained that Synchro is
a very common software used industry wide and that staff continues to
monitor the industry to see if better software has been developed, in
response to a question asked by Vice-Chair Peloza.
Traffic Operations Engineer Nutter explained how signal timing is calculated
and coordinated between intersections taking into account multiple
intersections in a corridor, intersection geometry, different pedestrian
crossings, etc. Assistant Director/City Engineer Selle explained that when
staff is reviewing timing for individual intersections, they are not giving
preference to North/South or East/West directional traffic, staff is trying to
make the intersection function efficiently taking into consideration all of the
traffic volumes, in response to a question asked by Vice-Chair Peloza
regarding the timing along the Auburn Way corridor.
Chairman Wagner commented that if the signal timing is calculated using
just traffic volume and not queue length then there is preference being
giving to the commuter routes because those routes have the highest
volume counts. Chairman Wagner asked if the Synchro software will take
into consideration queue lengths at intersections. Traffic Operations
Engineers Nutter said that the software will show queue lengths when
modeling several intersections in multiple intersections. Selle stated that if
signals are not timed based on traffic volumes then it can negatively affect
access to adjacent properties as queue lengths on higher volume streets
will be longer in length and in duration.
Traffic Operations Engineer Nutter discussed the factors that impacts signal
timing, such as, that not every signal has video detection and pedestrian
Page 9 of 13
PW.1
volumes. Nutter reviewed the different scenarios caused by pedestrian
crossings and volumes.
Traffic Operations Engineer Nutter spoke about how emergency vehicle
preemptions affect signal timing. Nutter stated that when the signal timing
is interrupted by emergency vehicles it can take up to 15 minutes to
readjust and get back into progression. Chairman Wagner asked from how
far away are the emergency vehicles detected by the signals. Nutter
answered the distance is approximately 2 blocks and the vehicles can
potentially trigger 3 or 4 signals at a time.
Other factors that impact signal coordination include congestion and
queuing on major streets and timing changes that may be made to other
signals along the same corridor. Assistant Director/City Engineer Selle
discussed the far reaching implications to the entire signal system when
seemingly minor timing changes are made to one signal movement.
Traffic Operations Engineer Nutter reported that the Manual for Uniform
Traffic Control Devices has increased the amount of time required to allow
for pedestrian crossings which will in turn impact signal timing.
The Committee and staff discussed how permissive and protected lefts
affect signal timing. Chairman Wagner asked how staff decided whether or
not left turns should be protected. Traffic Engineer Para answered that it is
a balance of safety and include such factors as the volume of left turns
versus the volume of through traffic and collision history are considered
when making a decision.
Chairman Wagner asked if there is anything besides emergency vehicles
that can cause a signal synchronization change. Traffic Engineer Para
answered that detection failures and loop failures can also impact signal
timing management. Staff discussed how the weather and vehicle color can
affect detection by the older cameras.
Assistant Director/City Engineer Selle discussed how complaints regarding
signal time are investigated and followed up on by staff, in response to a
question asked by Chairman Wagner.
Chairman Wagner asked if the detection cameras can evaluate queues at
intersections. Traffic Operations Engineer Nutter explained that the
detection cameras are set similar to the loops, in multiple detection zones.
Chairman Wagner asked how many of the intersections were equipped with
older detection cameras and how many had more current detection
cameras. Traffic Operations Engineer Nutter answered that there are about
10 intersections that need updated cameras. Nutter stated that staff is
working on replacing the cameras on the 15th Street NW/Auburn Way N
Page 10 of 13
PW.1
and 8th Street NE/Auburn Way N intersections.
Chairman Wagner asked for staff to present the Committee with additional
information on how signal timing coordinates with Level of Service (LOS)
goals. Assistant Director/City Engineer Selle stated that staff will present
more material on LOS in January 2012.
D. Striping and Pavement Marking Contract (Para)
Traffic Engineer Para summarized the contracting procedure used for the
Citywide Striping and Pavement Marking contracts.
Para stated that the City has been using King County for the striping project
since 2008 and in 2011 the City also used Pierce County to complete work
south of the White River. Both agencies did a very good job and there were
no complaints about the work.
Traffic Engineer Para reported that, based on preliminary calculations, King
County provided a better value to the City.
Traffic Engineer Para stated that King County is equipped with high-end
paint trucks that provide extremely high productivity and value to the
City. Para also said that the County has been responsive to customer
complaints and has been extremely responsive and flexible to City
requests. Director Dowdy pointed out that the City has not had to answer to
any claims.
Chairman Wagner asked what the concerns were when private contractors
did the striping. Traffic Engineer Para answered that there were some
issues with the Contractor’s quality control, not getting enough beads in the
paint, not controlling the traffic to prevent cars from tracking paint, and lack
of flexibility. Director Dowdy added that the paint used by the private
contractor was of a lower quality and was more easily tracked along the
roadway by vehicles.
Assistant Director/City Engineer Selle commented that contracting with King
County also saves staff time and man hours because staff does not have to
prepare the project for the formal bid process, administer the contract,
provide inspection, issue change orders, and manage the
construction. Selle pointed out that King County has demonstrated that they
can work fairly independently and do the quality of work that the City
expects at a good price.
Chairman Wagner asked what the total contract between the two counties
was in the previous year. Traffic Engineer Para answered
$150,000.00. Director Dowdy spoke about the advantages of splitting the
work between Pierce and King Counties, especially during a wet summer
where dry days suitable for painting are limited.
Page 11 of 13
PW.1
Chairman Wagner asked how staff decides which streets get
striping. Traffic Engineer Para answered that he used the aerial
photographs of the City and chose all of the streets that had paint on them
and noted that there are some lower volume roads that generally do not get
striped. Chairman Wagner suggested a set of criteria be developed for
striping.
Chairman Wagner stated that he is supportive of the staff saving time and
getting a better product by contracting the work to King and Pierce
Counties.
E. Capital Project Status Report (Gaub)
Item8 – CP1006 – Lakeland Hills Reservoir 6: Chairman Wagner asked if
the coating inside and outside is underway. Assistant City Engineer Gaub
answered that the inside coating is currently underway but outside is not
because the contractor needs to install containment due to the wet
weather. The containment will begin going up next week and then coating
the outside will continue.
Chairman Wagner asked when the reservoir will go online. Assistant City
Engineer Gaub stated that the reservoir will probably not be online until
early in 2012.
Item 12 – CP0916 – West Valley Highway – SR18 to W Main: Chairman
Wagner stated that the treatment for the drainage ditches looks nice and
asked when the signal will be installed. Assistant City Engineer Gaub
answered that the signal will probably be completed in late December 2011
and that staff is currently working on completing the street lighting.
Item 14 – C207A – A Street NW Corridor – Phase 1: Assistant City
Engineer Gaub stated that fencing has been removed and staff has been
communicating with the Post Office and has made some suggested
changes to their interior layout of their parking lot, in response to a question
asked by Chairman Wagner. Assistant City Engineer Gaub reported that the
parking stalls are still at a 90 degree angle but the drop-off box was moved
so cars would not queue up on A Street. Chairman Wagner strongly
suggested that the parking stalls be at an angle and asked that staff
continue to suggest that to the Post Office.
Assistant City Engineer Gaub stated that the contract currently does not
include C-curb to prevent left turns out of the Post Office parking lot on 3rd
Street, in response to a question asked by Chairman Wagner.
Item 25 – CP1119 – Auburn Way South Corridor Improvements – Fir Street
SE to Hemlock Street SE: Chairman Wagner asked if there is grant money
being obligated. Assistant City Engineer Gaub stated that there is and the
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PW.1
Transportation Improvement Board documents are signed along with the
Muckleshoot Agreement and therefore all funds are obligated.
Item 23 – CP1112 – 2011 Sidewalk Improvement Project: Vice-Chair
Peloza asked if the sidewalk along Harvey Road is included in the project
and noted one particular location of concern. Assistant City Engineer Gaub
answered that work on Harvey Road is included in the scope of the
project. Vice-Chair Peloza asked staff to look at the location because it may
need to be an emergency repair.
Item 33- C229A – BNSF/EVH Pedestrian Undercrossing: Chairman Wagner
stated that he is going to ask the WSU senior civil engineering design group
to design Project No. C229A next semester.
F. Resolution No. 4766 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and City Clerk to Execute an Exclusive Agency
Listing Agreement with Jones Lang Lasalle for Real Estate Brokerage
Services for Certain City Owned Properties in Downtown Auburn
Planning Director Snyder provided some background information regarding
Resolution No. 4766.
Snyder reviewed the modifications made to the agreement. A definition has
been added to Section 3, for acceptable tenant/lease/purchaser. This will
clarify the types of uses that the leasing agent can bring to the City that
would be satisfactory and consistent with the Comprehensive Plan.
VI. ADJOURNMENT
There being no further business to come before the Public Works Committee,
the meeting was adjourned at 5:34 p.m.
Approved this ______ day of ______, 2011.
Page 13 of 13
PW.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 21, 2011 Minutes
Date:
November 30, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:
Meeting Date:December 5, 2011 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1
Finance Committee
November 21, 2011 - 6:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 6:00 p.m. in Conference Room 1
located on the second floor of the City Hall Annex located at One East Main Street in
Auburn.
A. Roll Call
Chair Backus, Vice Chair Lynn Norman, and Member Rich Wagner were present.
Also present were: Mayor Peter B. Lewis, Councilmember John Partridge,
Councilmember-elect Largo Wales, Councilmember-elect John Holman,
Councilmember-elect Wayne Osborne, City Attorney Daniel B. Heid, Finance
Director Shelley Coleman, Public Works Director Dennis Dowdy, Planning and
Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain,
Employee Relations and Compensation Manager John Fletcher, Government
Relations Manager Carolyn Robertson, and City Clerk Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
Resolution No. 4776 was added as a discussion item.
II. CONSENT AGENDA
A. November 7, 2011 Minutes
Vice Chair Norman moved and Member Wagner seconded to approve the
November 7, 2011 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0.
B. Claims Vouchers (Coleman)
Claims check numbers 408917 through 409289 in the amount of
$5,398,589.02 and dated November 21, 2011.
Committee members reviewed the claims and payroll vouchers and briefly
discussed claims vouchers 408932, 408954, 409124, 408983, 409009, 409026,
409034, 409075, 409080, 409098, 409240, 409261 and 409081.
Vice Chair Norman moved and Member Wagner seconded to approve the claims
Page 1 of 6
FN.1
and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0.
C. Payroll Vouchers (Coleman)
Payroll check numbers 532357 to 532404 in the amount of $786,662.24
and electronic deposit transmissions in the amount of $1,192,229.40 for a
grand total of $1,978,891.64 for the pay period covering November 3, 2011
to November 16, 2011.
See claims vouchers for approval of payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6380 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
authorizing the levy of regular property taxes by the City of Auburn for
collection in 2012
Ordinance No. 6380 sets the property tax levy for 2012.
In response to a question from Councilmember Wagner, Finance Director
Coleman stated that City retains approximately $5 million banked levy capacity.
She cautioned that the City is near its levy lid of $2.10; the City is currently levying
$2.06.
Vice Chair Norman moved and Member Wagner seconded to approve Ordinance
No. 6380.
MOTION CARRIED UNANIMOUSLY. 3-0.
IV. RESOLUTIONS
A. Resolution No. 4767 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and the City Clerk to execute an Agreement for
Services between the City of Auburn and the Auburn Area Chamber of
Commerce to operate a visitor information center, promote tourism
awareness within the City and to provide services associated with
supporting the City's economic development efforts
Resolution No. 4767 approves a service agreement between the Auburn Area
Chamber of Commerce and the City of Auburn. The Resolution was discussed at
the November 7, 2011 Finance Committee meeting.
Vice Chair Norman moved and Member Wagner seconded to approve Resolution
No. 4767.
MOTION CARRIED UNANIMOUSLY. 3-0.
Page 2 of 6
FN.1
B. Resolution No. 4775 (Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute and publish an amended
Deferred Compensation Plan for the City of Auburn that complies with the
new provisions of federal law that deal with government deferred
compensation plans
Employee Relations and Compensation Manager Fletcher explained that
Resolution No. 4775 amends the deferred compensation plan for the City of
Auburn to ensure compliance with the new provisions of federal law that deal with
government deferred compensation plans.
Vice Chair Norman moved and Member Wagner seconded to approve Resolution
No. 4775.
MOTION CARRIED UNANIMOUSLY. 3-0.
V. DISCUSSION ITEMS
A. Ordinance No. 6391 (Dowdy)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Chapter 13.41 of the Auburn City Code relating to Utility Systems
Development Charge
Public Works Director Dowdy stated that proposed Ordinance No. 6391 provides
a reduction in utility system development charges if Low Impact Development
techniques are used by the developer. Developers can earn up to a seventy-
percent reduction in system development charges.
The use of Low Impact Development techniques more closely replicates pre-
development flows, thereby reducing the hydraulic load on utility system
infrastructure, system maintenance, and capital improvement needs.
B. Ordinance No. 6385 (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 14.03.101 and 14.03.030 of the Auburn City Code
relating to project permit decisions and adding a new Chapter, Chapter
18.53 to the Auburn City Code relating to Master Plans
Planning Manager Chamberlain presented Ordinance No. 6385, which will amend
the zoning code to include a master plan concept that would be applicable to
institutional uses, such as a community college, and potentially larger scale
commercial uses. The code is structured to apply to institutional uses on a
minimum five acre site and commercial uses on a minimum ten acre site.
Vice Chair Norman spoke in favor of the Ordinance.
Member Wagner noted that the word "ratio" should be included after the
statement "Residential floor area of up to 4.0" that appears in the incentives table
Page 3 of 6
FN.1
on page 9 of the ordinance.
C. Ordinance No. 6392 (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending the Fiorito Business Park Rezone approved under Ordinance No.
6297
Planning Manager Chamberlain explained that the Ordinance amends a
previously approved business park rezone. The rezone affects three adjacent
parcels located just north of 15th Street NW and just east of State Route 167.
The amendment would increase the allowable building square footage by eight
percent to accommodate a development application for an industrial laundry
facility proposed for the site. The HCSA laundry facility would have a first floor
square footage of 102,822 square feet and a total building square footage of
145,927.
City Attorney Heid reminded the Committee that the matter before the Council is
considered a quasi-judicial matter.
It was noted that the proposed facility will provide approximately 150 family wage
jobs for Auburn.
D. Resolution No. 4772 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, ratifying
the amendments to the Pierce County Countywide Planning Policies related
to a Vision 2040 consistency update and designation of three new
Candidate Centers in Pierce County
Planning Manager Chamberlain explained that Resolution No. 4772 amends the
Pierce County Countywide Planning Policies. The amendments update the
planning policies to be consistent with the Puget Sound Regional Council's Vision
2040 planning policies.
The Planning and Community Development Committee reviewed the Resolution
on November 14th and recommended approval.
E. Resolution No. 4773 (Snyder)
A Resolution of the City of Auburn, Washington, approving and authorizing
execution of the three interlocal agreements with Pierce County, thereby
amending the Pierce County Countywide Planning Policies designating
three new candidate regional centers.
Planning Manager Chamberlain explained that jurisdictions submitted their
applications to the Pierce County Regional Council for designation as
regional centers:
Cities of Sumner and Pacific for a new Manufacturing and Industrial Center
City of Tacoma for a new Manufacturing and Industrial Center
City of University Place for a new Regional Growth Center
Page 4 of 6
FN.1
The Planning and Community Development Committee reviewed the Resolution
on November 14th and recommended approval.
F. Resolution No. 4771 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a contract with
Washington2 Advocates, LLC, for consulting services
Government Relations Manager Robertson stated that Resolution No. 4771
authorizes a contract with Washington Advocates LLC for consulting services.
The contract represents a renewal of an existing contract. The City has had a
contractual relationship with Washington Advocates for approximately five years.
There are no changes to the contract terms and rate.
G. Auburn School District Impact Fees (Coleman)
The Committee members reviewed a letter from the Auburn School District
submitting their annual report for fiscal year ending August 31, 2011 relating to
school impact fees.
H. September 2011 Financial Report (Coleman)
Committee members reviewed the September 2011 Financial Report. Finance
Director Coleman noted that revenues are slightly ahead of predictions and
expenditures are lower than anticipated. She also noted on the working capital
spreadsheet that the Cemetery Fund is operating at a loss.
I. Utility Billing – Monthly Billing vs Bi-Monthly Billing (Coleman)
Finance Director Coleman presented information for discussion to review the cost
difference between monthly utility billing versus bi-monthly billing. The
approximate cost to bill monthly rather than every other month is approximately
$49,700 annually. Finance Director Coleman recommended that, although the
cost is greater, the City retain the monthly billing practice to better serve the
customers and collection.
After further discussion, the Committee agreed to retain the monthly utility billing
process.
J. Resolution No. 4776
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to accept a grant from the Washington State
Transportation Improvement Board for construction of the M Street SE
Underpass Project
Resolution No. 4776 was added to the agenda. Public Works Director Dowdy
announced that Resolution No. 4776 authorizes the acceptance of a Washington
State Transportation Improvement Board grant in the amount of $3 million for the
M Street Underpass Project. The grant completes the M Street SE Underpass
Project funding package.
Page 5 of 6
FN.1
VI. ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
at 6:46 p.m.
APPROVED this _____ day of November, 2011.
______________________________ ________________________________
Nancy Backus, Chair Danielle Daskam, City Clerk
Page 6 of 6
FN.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the November 7, 2011 Regular Meeting
Date:
November 30, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:December 5, 2011 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C
City Council Meeting
November 21, 2011 - 7:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in
attendance in the Pledge of Allegiance.
B. Roll Call
Councilmembers present: Rich Wagner, Sue Singer, Nancy Backus, Bill Peloza,
Lynn Norman, Virginia Haugen and John Partridge.
Departments Directors and staff members present: City Attorney Daniel B. Heid,
Chief of Police Bob Lee, Emergency Preparedness Manager Sarah Miller, Public
Works Director Dennis Dowdy, Planning and Development Director Kevin Snyder,
Planning Manager Elizabeth Chamberlain, Economic Development Manager
Doug Lein, Parks, Arts and Recreation Director Daryl Faber, Assistant City
Attorney Steve Gross, Finance Director Shelley Coleman, Principal Planner Jeff
Dixon, City Engineer Dennis Selle, Traffic Engineer Pablo Para, and City Clerk
Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Community Emergency Response Team (CERT) Class #21
Mayor Lewis to recognize the graduates of the twenty-first class of the
Community Emergency Response Team (CERT).
Mayor Lewis was joined by Chief of Police Bob Lee and Emergency
Preparedness Manager Sarah Miller in recognizing the graduates of the 21st
class of the Community Emergency Response Team. The following class
members were in attendance and received their certificates of completion:
Laurie Bulson, Terri Chlebeck, Rick Engler, Raejean Kreel, Paul Lancelle,
Brent Murray, Gary Nitschke, Michelle O'Brien, Sam Ripley, Mary Rogan,
Teresa Vaughn, Jim Wells, Bob Zimmerman and Helen Zimmerman.
2. Planning Commission
City Council approve the appointment of Yolanda Trout to the Planning
Commission to fill an unexpired term expiring December 31, 2013
Deputy Mayor Singer moved and Councilmember Wagner seconded to
confirm the appointment of Yolanda Trout to the Planning Commission.
Page 1 of 10
CA.C
MOTION CARRIED UNANIMOUSLY. 7-0.
D. Agenda Modifications
A request to advertise for bids for the M Street Underpass Project (Project No.
C201A) and Resolution No. 4776 were added to the agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 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
Finance Director Coleman reminded Council that the biennial budget
amendment will be brought forward at the next Council meeting. An
ordinance setting the 2012 property tax levy appears later on the agenda.
The hearing provides an opportunity for any citizens to comment or make
suggestions on the mid-biennial correction.
Mayor Lewis opened the public hearing at 7:37 p.m. No one requested to
address the Council, and the hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
No one from the audience requested to speak during audience participation.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met November 14,
2011. The Committee discussed Ordinance No. 6378 regarding the biennial
budget amendment, the City Hall remodel, Resolution No. 4775 regarding the
City's deferred compensation plan, City Code Section 8.28 relating to noise,
fireworks, and the Auburn Valley Humane Society. The next regular meeting of
the Municipal Services Committee is scheduled for November 28, 2011 at 3:00
p.m.
B. Planning & Community Development
Chair Norman reported the Planning and Community Development Committee
met November 14, 2011. The meeting included a presentation from the Arts
Page 2 of 10
CA.C
Commission on their activities throughout the last year. The Committee
reviewed Ordinance No. 6385 relating to Master Plan code amendments,
Resolution No. 4765 approving a Memorandum of Agreement and Option to
Purchase Real Property with Ceradimm, LLC, Resolution No. 4766 authorizing an
exclusive agency listing agreement with Jones Lang LaSalle. The Committee also
discussed Ordinance No. 6378 relating to budget amendment no. 5, Resolution
No. 4767 authorizing an agreement with the Auburn Area Chamber of
Commerce, Phase II Code Update, the proposed HCSA laundry facility, 2011
Comprehensive Plan amendments, Resolution No. 4772 relating to the Pierce
County Countywide Planning Policies, Resolution No. 4773 relating to regional
centers and the Pierce County Countywide Planning Policies, and streamlined
sales tax. The next regular meeting of the Planning and Community Development
Committee is scheduled for November 28, 2011 at 5:30 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at 3:30
p.m. The Committee approved a right-of-way use permit for the Auburn Adventist
Academy and several contract administration items including initiating Project No.
CP0912 for Bi-annual Sanitary Sewer Repair and Replacement, annual on-call
professional services agreements, Project No. CP1121 bid advertisement for 2011
Local Street Pavement Reconstruction (Phase 2), Change Order No. 3 for Public
Works Project No. CP1005 South Division Street Promenade, final pay estimate
for Public Works Project No. CP0765, the Lea Hill Pump Station Decommissioning
(Phase 2), and Public Works Project No. C201A, the M Street SE Underpass bid
advertisement. The Committee also reviewed Ordinance No. 6391 relating to
utility system development charges and Resolution No. 4776 approving a $3
million grant from the Washington State Transportation Improvement Board. The
Committee discussed the 2011 Comprehensive Plan amendments, Resolution
No. 4765 authorizing a Memorandum of Agreement with Ceradimm, LLC, traffic
signal timing, striping and pavement marking contracts with the counties, and the
capital project status report. The next regular meeting of the Public Works
Committee is scheduled for December 5, 2011.
D. Finance
Chair Backus reported the Finance Committee met this evening at 6:00 p.m. The
Committee reviewed claims and payroll vouchers, including claims vouchers for
ICON Materials in the amount of $366,000 for street preservation, Johannsen
Excavating in the amount of $601,000 for the South Division Street
Promenade Project, Metro/King County Sewer in the amount of $1,057,000 for
sewer charges, Miles Resource in the amount of $479,000 for the A Street
NW project, T Bailey, Inc., in the amount of $119,000 for the Lakeland Hills
Reservoir No. 6 Project, Valley Communications in the amount of $163,000 for
debt service, and Waste Management in the amount of $669,000 for solid waste
service in October. The Committee also reviewed Ordinance No. 6380 relating to
the levy of property taxes in 2012, Resolution No. 4767 relating to an agreement
with the Auburn Area Chamber of Commerce, and Resolution No. 4775 amending
Page 3 of 10
CA.C
the City's deferred compensation plan. The Committee also discussed Ordinance
No. 6391 amending utility system development charges, Ordinance No. 6385
relating to Master Plans, Ordinance No. 6392 relating the Fiorito Business Park
rezone, Resolution No. 4772 relating to Pierce County Countywide Planning
Policies, Resolution No. 4773 relating to Pierce County Countywide
Planning Policies and regional centers, Resolution No. 4771 authorizing an
agreement with Washington2 Advocates, Auburn School District Impact Fees, the
September Financial Report, utility billing, and Resolution No. 4776 accepting a
grant from the State Transportation Improvement Board. The next regular
meeting of the Finance Committee is scheduled for December 5, 2011 at 6:00
p.m.
E. Les Gove Community Campus
The Les Gove Community Campus Committee has not met since the last Council
meeting.
F. Downtown Redevelopment
The Downtown Redevelopment Committee has not met since the last Council
meeting.
G. Council Operations Committee
The Council Operations Committee has not met since the last Council meeting.
IV. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on state, regional and local
organizations.
A. From the Council
Deputy Mayor Singer reported on her participation in Tourism Board meetings, a
Senior Center coffee hour, the Suburban Cities Association annual meeting, the
Auburn Valley Humane Society open house, the Council budget work session,
and the Auburn Regional Medical Center's dedication to become a tabacco-free
campus.
Councilmember Partridge reported on his attendance at the La Quinta Inn ribbon
cutting ceremony, the Suburban Cities Association annual meeting, and the
Auburn Valley Humane Society open house at their new location at 4910 A Street
SE.
Councilmember Norman reported on her attendance at the Puget Sound Regional
Council Growth Management Policy Board, the Suburban Cities Association
Growth Management Policy Caucus, the Suburban Cities Association annual
meeting, and the La Quinta Inn ribbon cutting ceremony. Councilmember Norman
urged all to attend the Santa Parade that will be held Saturday, December 3rd.
Page 4 of 10
CA.C
Councilmember Backus reported on her attendance at the Auburn Tourism Board
budget meetings, the Valley Regional Fire Authority Board meetings, and the City
Council budget workshop.
Councilmember Peloza reported on his attendance at the National League of
Cities meeting in Phoenix, Arizona, where he serves on the Energy, Environment
and Natural Resources Steering Committee. At the National League of Cities
meeting, Councilmember Peloza secured the renewal of a policy resolution
relating to milfoil abatement. Councilmember Peloza also reported on his
attendance at the Airport Advisory Board meeting, the King County Solid Waste
Advisory Committee meeting, the King Conservation District meeting, the
Suburban Cities Association annual meeting, and the La Quinta Inn grand
opening.
B. From the Mayor
Mayor Lewis spoke regarding his attendance at the Good Egg breakfast
sponsored by King County Councilmember Peter von Reichbauer where Attorney
General Rob McKenna was the speaker. Mayor Lewis also reported on meetings
of the King County Regional Policy Committee, the Suburban Cities Association
annual meeting, the Auburn Valley Humane Society open house, the La Quinta
Inn open house, the South County Area Transportation Board meeting, meetings
with representatives of the Auburn Regional Medical Center regarding prescription
drug abuse, meetings with Pierce County Executive McCarthy, and a meeting of
the Valley Cities.
V. CONSENT AGENDA
A. November 7, 2011 City Council Minutes
B. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532357 to 532404 in the amount of $786,662.24 and
electronic deposit transmissions in the amount of $1,192,229.40 for a grand total
of $1,978,891.64 for the pay period covering November 3, 2011 to November 16,
2011.
C. Public Works Annual On-Call Professional Services (Wagner/Dowdy)
City Council approve the Annual On-Call Professional Service Agreements and
Amendments for 2012
D. Public Works Project No. CP1005 (Wagner/Dowdy)
City Council approve Change Order No. 3 in the Amount of $102,250.00 to
Contract No. 11-08 for Work on Project No. CP1005 South Division Street
Promenade.
E. Public Works Project No. CP0756 (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 4 to Contract No. 11-02 in the
amount of $78,549.44 for a total contract price of $486,927.14 with Hoffman
Construction, Inc. and accept construction of Project No. CP0756 - Lea Hill
Pump Stations Decommissioning Phase 2
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CA.C
F. Public Works Project No. CP1121 (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP1121,
2011 Local Street Pavement Reconstruction - Phase 2
G. Public Works Project No. C201A
City Council to grant permission to advertise for bids for Project No. C201A,
M Street SE Underpass Project
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve
the Consent Agenda.
Councilmember Haugen requested the removal of the claims vouchers from the
Consent Agenda for separate consideration.
MOTION TO APPROVE THE CONSENT AGENDA, EXCEPTING THE CLAIMS
VOUCHERS, CARRIED UNANIMOUSLY. 7-0.
VI. UNFINISHED BUSINESS
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve the
claims vouchers.
Councilmember Haugen expressed opposition to vouchers relating to travel and meals.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
VII. NEW BUSINESS
There was no new business for Council consideration.
VIII. ORDINANCES
A. Ordinance No. 6380 (Backus/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
authorizing the levy of regular property taxes by the City of Auburn for
collection in 2012
Councilmember Backus moved and Councilmember Norman seconded to
introduce and adopt Ordinance No. 6380.
Ordinance No. 6380 sets the property tax levy for 2012.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
B. Ordinance No. 6382 (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington relating
to special area plans, amending section 16.06.020 of the Auburn City Code,
and adding a new chapter, 18.80 "Northeast Auburn Special Area Plan and
Auburn Gateway Planned Action" thereto
Councilmember Norman moved and Councilmember Backus seconded to
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CA.C
introduce and adopt Ordinance No. 6382.
Ordinance No. 6382 relates to planned action projects where environmental
review of a project shifts from the time a permit application is made to an earlier
phase in the planning process. The intent is to provide a more streamlined
environmental review process at the later project stage by conducting more
detailed environmental analysis at the earlier planning stage.
MOTION CARRIED UNANIMOUSLY. 7-0.
C. Ordinance No. 6385 (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 14.03.101 and 14.03.030 of the Auburn City Code
relating to project permit decisions and adding a new chapter, Chapter
18.53 to the Auburn City Code relating to Master Plans
Councilmember Norman moved and Councilmember Backus seconded to
introduce and adopt Ordinance No. 6385.
Ordinance No. 6385 provides for a general master plan concept applicable
to institutional uses and larger scale commercial uses.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
D. Ordinance No. 6391 (Wagner/Dowdy)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Chapter 13.41 of the Auburn City Code relating to Utility Systems
Development Charge
Councilmember Wagner moved and Councilmember Peloza seconded to
introduce and adopt Ordinance No. 6391.
Ordinance No. 6391 provides for lower system development charges for those
developers who use Low Impact Development techniques.
MOTION CARRIED UNANIMOUSLY. 7-0.
E. Ordinance No. 6392 (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending the Fiorito Business Park Rezone approved under Ordinance No.
6297
Councilmember Norman moved and Councilmember Backus seconded to
introduce and adopt Ordinance No. 6392.
Ordinance No. 6392 relates to the rezone of three adjacent parcels located just
north of 15th Street NW and just to the east of State Route 167 in the City of
Auburn. The ordinance provides for a slight increase in the allowed square
footage of the building, which will be an industrial laundry facility and will provide
Page 7 of 10
CA.C
approximately 150 living-wage jobs.
In response to a question from Councilmember Haugen, Planning and
Development Director Snyder stated the development will meet the minimum
parking standards.
MOTION CARRIED UNANIMOUSLY. 7-0.
IX. RESOLUTIONS
A. Resolution No. 4756 (Norman/Snyder)
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
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4756.
The resolution approves a Development Agreement for the phased development
of the Robertson properties.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolution No. 4765 (Norman/Snyder)
A Resolution of the City Council of the City of Auburn, Washington
authorizing the Mayor and City Clerk to execute a Memorandum of
Agreement with Ceradimm, LLC replacing and superseding the Master
Development Agreement with Alpert International, LLLP previously
approved by passage of Resolution No. 4663
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4765.
Resolution No. 4765 replaces an existing agreement with Alpert International
LLLP related to development of downtown City-owned properties and other
neighboring properties.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
C. Resolution No. 4766 (Norman/Snyder)
A Resolution of the City Council of the City of Auburn Washington
authorizing the Mayor and City Clerk to execute an Exclusive Agency
Listing Agreement with Jones Lang LaSalle for real estate brokerage
services for certain City owned properties in downtown Auburn
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4766.
Resolution No. 4766 provides for an exclusive listing agreement with Jones Lang
LaSalle to provide professional real estate services for the City related to City-
Page 8 of 10
CA.C
owned properties in the downtown area.
MOTION CARRIED UNANIMOUSLY. 7-0.
D. Resolution No. 4767 (Backus/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and the City Clerk to execute an Agreement for
Services between the City of Auburn and the Auburn Area Chamber of
Commerce to operate a visitor information center, promote tourism
awareness within the City and to provide services associated with
supporting the City's economic development efforts
Councilmember Backus moved and Councilmember Norman seconded to adopt
Resolution No. 4767.
Resolution No. 4767 authorizes a renewal of a contract with the Auburn Area
Chamber of Commerce to provide tourism and economic development services.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
E. Resolution No. 4772 (Norman/Snyder)
A Resolution of the City of Auburn, Washington approving and authorizing
execution of an Interlocal Agreement with Pierce County, thereby amending
the Pierce County Countywide Planning Policies for Consistency with Vision
2040
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4772.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
F. Resolution No. 4773 (Norman/Snyder)
A Resolution of the City of Auburn, Washington, approving and authorizing
execution of the three interlocal agreements with Pierce County, thereby
amending the Pierce County Countywide Planning Policies designating
three new candidate regional centers
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4773.
Resolution No. 4773 amends the Pierce County Countywide Planning Policies to
include three proposed Candidate Regional Centers: cities of Sumner and Pacific
for a new Manufacturing and Industrial Center, City of Tacoma for a new
Manufacturing and Industrial Center, and City of University Place for a new
Regional Growth Center.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
G. Resolution No. 4776
A Resolution of the City Council of the City of Auburn, Washington,
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CA.C
authorizing the Mayor to accept a grant from the Washington State
Transportation Improvement Board for construction of the M Street SE
Underpass Project
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4776.
Resolution No. 4776 accepts a $3 million grant from the State Transportation
Improvement Board. The grant will complete the funding package for the $23
million M Street SE Underpass Project.
MOTION CARRIED UNANIMOUSLY. 7-0.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:41 p.m.
APPROVED THIS _____ DAY OF DECEMBER, 2011.
_____________________________ _______________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
Page 10 of 10
CA.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6378
Date:
November 29, 2011
Department:
Finance
Attachments:
Memo
Ordinance No. 6378 and Schedule "A"
Budget Impact:
-$128,480
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6378.
Background Summary:
Attached is proposed budget amendment #5 for your review. This budget amendment
makes final changes to the 2011 budget as follows:
Recognize revenue and grant funding received and public employee pension
contribution rate adjustments.
Approval of this budget amendment will reduce the 2011 budget, as amended, by
$128,480 to $273,287,907.
Details of this amendment is included in the attached staff memorandum.
F3.23
Reviewed by Council Committees:
Finance, Municipal Services, Planning And Community Development, Public Works
Councilmember:Backus Staff:Coleman
Meeting Date:December 5, 2011 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: November 7, 2011
Re: 2011 Budget Amendment #5
Attached is proposed budget amendment #5 for your review. This budget amendment makes final changes
to the 2011 budget as follows:
Recognize revenues and grant funding received. Changes include:
o nues. 2011 revenues for the Solid Waste Fund are adjusted consistent
with the revised rates per the Council adopted June 2011 rate study.
o Plannin
Solid Waste reve
g Department EPA grant for assessment of wetland mitigation sites in 2011 (per
City resolution #4536)
elopment Association Grant funding to
assist Auburn Youth
ent
tribution rate adjustments.
o he State recently announced changes to the contribution rates, with rates for employers
change from 7.07% to
7.25% effective Sept
Approv 80 to
$273,287,907. Details of this amendment is included in Schedule A attached.
1. Proposed Ordinance #6378 (budget adjustment #5)
mary of proposed 2011 budget adjustments by fund and department (Schedule A)
o Planning Department Housing and Community Dev
Resources in property acquisition for Teen drop-in program.
o Police Department federal Edward Byrne grants for overtime and emergency managem
in 2011
Recognize public employee pension con
T
increasing from 5.31% to 7.07% effective July 1, 2011 and a second
ember 1, 2011.
al of this budget amendment will reduce the 2011 budget, as amended by -$128,4
Attachments:
2. Sum
ORD.A
ORDINANCE NO 6378
AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO
6339, THE 2011-2012 BIENNIAL BUDGET ORDINANCEAS
AMENDED BY ORDINANCE NO 6351, ORDINANCE NO
6352, ORDINANCE NO 6362 AND ORDINANCE 6370
AUTHORIZINGAMENDMENT TOTHE CITY OF AUBURN
2011-2012 BUDGET AS SET FORTH IN SCHEDULE "A"
WHEREAS, the Auburn City Council at its regular meeting ofDecember 6,
2010, adopted Ordinance No 6339which adoptedtheCity of Auburn 2011-2012
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of February 22,
2011, adopted Ordinance No 6351 whichamended Ordinance No 6339 which
adopted the City of Auburn 2011-2012 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of April 4, 2011,
adopted Ordinance No 6352whichamended Ordinance No 6351, and
WHEREAS, the Auburn City Council at its regular meeting ofJuly 18, 2011,
adoptedOrdinance No 6362 whichamended Ordinance No 6352, and
WHEREAS, theAuburn City Council at its regular meeting of September 6,
2011 adopted Ordinance No 6370whichamended Ordinance 6362, and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds tothevarious funds of the 2011 budget; and
WHEREAS, thisOrdinance has been approved by one more than the
majority of all councilpersons in accordance with RCW 35A.34 200
Ordinance No 6378
November 2, 2011
Page 1 of 3
ORD.A
NOW THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS
Section 1. Amendment of the 2011-2012 Biennial Budget. The 2011-
2012 BiennialBudget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule "A" attached
hereto and incorporated herein by referenceTheMayor of the City of Auburn,
Washington is herebyauthorized to utilize revenue and expenditure amounts
shown on said Schedule "A" A copy of said Schedule "A" is on file with the City
Clerk and available for public inspection
Section 2. Severability If anyprovision of this Ordinance or the
application thereof to any person or circumstance is held to be invalid, the
remainderof such code, ordinance orregulation or the application thereof to other
person or circumstance shall not be affected
Section 3. Implementation The Mayor is hereby authorized to
implement such administrativeprocedures as may be necessary to carry out the
directives of thislegislation
Section 4. Effective Date This Ordinance shall take effect and be in
forcefive (5) daysfrom and after its passage, approval and publication as provided
by law
Ordinance No. 6378
November 2, 2011
Page 2 of 3
ORD.A
INTRODUCED
PASSED
APPROVED
PETER B LEWIS, MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
pip
I1AO
niel B Hei.
City Attorney
PUBLISHED
Ordinance No 6378
November 2, 2011
Page 3 of 3
ORD.A
Schedule A
Summary of Budget Adjustments by Fund
BudgetAmendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
General Fund(#001) Balance Revenues 2011 Expenditures Balance
General Fund
Adopted Budget 11,763,355 49,863,903 55,139,320 6,487,938
BA#1(Adopted;ordinance#6351) 46,000 135,360 89,360)
BA#2(Adopted;ordinance#6352) 650,000 195,270 620,080225,190
BA#3(Adopted;ordinance#6362) 2,968,999 46,441 24,580 2,990,860
BA#4(Adopted;ordinance#6370)61,000) 38,330) 22,670)
BA#5(Proposed)
Planning
Direct FederalGrant-Carry forward EPA grant for assessment of activewetland
mitigation sites per res.4536 31,300 31,300
Police
Federal Grant Edward Byrne;fund Police overtime 33,630 33,630
Indirect Federal Grant-Emergency Management Performance Grant 4,560 4,560
Parks
Insurance Recoveries related to Auburn theater equipment replacement 5,500 5,500
Minor equipment for theater funded by insurance recovery proceeds 5,500 5,500)
State Employer Pension Rate Increase effective 7/01/11
Mayor/Council 3,350 3,350)
Human Resources 11,960 11,960)
Finance 2,640 2,640)
City Attorney 5,170 5,170)
Planning 9,950 9,950)
Police 8,820 8,820)
Public Works 20,050 20,050)
Parks 15,590 15,590)
Streets 500 500)
Changes to meet GASB 54 Requirements Record MVFT revenuesdirectly to Fund
102
Reduce MVFT revenue to be recorded in Fund 102&Fund 120 537,100) 537,100)
Reduce Trsfr Out of Motor Vehicle Fuel Tax to Fund 102 530,000) 530,000
Reduce Trsfr Out of Motor Vehicle Fuel Tax to Fund 120 7,100) 7,100
BA#5 Total 462,110) 384,080) 78,030)
Revised Budget 15,382,354 49,628,504 55,496,930 9,513,928
Total Resources/Expenditures 65,010,858 65,010,858
Page 1 of 9
ORD.A
Schedule A
Summary of Budget Adjustments byFund
BudgetAmendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
Arterial Street Fund(#102)Balance Revenues 2011 Expenditures Balance
Adopted Budget 383,118 13,210,200 13,328,300 265,018
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 736,300 1,842,200 2,608,500 30,000)
BA#3(Adopted;ordinance#6362) 647,926 578,330618,330607,926
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Changes to meet GASB 54 Requirements-Record MVFT revenuesdirectly to Fund
102
Reduce Trsfr In of Motor Vehicle Fuel Tax from Gen Fund 530,000) 530,000)
RecognizeMotor Vehicle Fuel Tax revenue 530,000 530,000
BA#5 Total
Revised Budget 1,767,344 15,630,730 16,555,130 842,944
Total Resources/Expenditures 17,398,074 17,398,074
Beg.Fund 2011 Ending Fund
LocalStreet Fund(#103) Balance Revenues 2011 Expenditures Balance
Adopted Budget 940,806 2,155,000 2,000,000 1,095,806
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 400,000 398,216 1,784
BA#3(Adopted;ordinance#6362) 721,769 1,000,000 278,231)
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Employer Pension Rate Increase effective 7101/11 824 824)
BA#5 Total 824 824)
Revised Budget 2,062,575 2,155,000 3,399,040818,535
Total Resources/Expenditures 4,217,575 4,217,575
Page 2 of 9
ORD.A
Schedule A
Summary ofBudget Adjustments by Fund
BudgetAmendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
Housing and Community Development Grant Fund(#119)Balance Revenues 2011 Expenditures Balance
Adopted Budget 99,286 510,000 542,410 66,876
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 1,480) 1,480
BA#3(Adopted;ordinance#6362) 55,987) 55,987)
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Recognize receipt of HCDA grant funding for Auburn Youth Resources
Increase budgeted grant funding 140,400 140,400
Increase expense budget for property acquisition 140,400 140,400)
BA#5 Total 140,400 140,400
Revised Budget 43,299 650,400 681,330 12,369
Total Resources/Expenditures 693,699 693,699
Beg.Fund 2011 Ending Fund
Recreation Trails Fund(#120) Balance Revenues 2011 Expenditures Balance
Adopted Budget 8,177 7,200 15,377
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352)
BA#3(Adopted;ordinance#6362) 17 17
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Changes to meetGASB 54 Requirements Record MVFT revenuesdirectly to Fund
102
Reduce Trsfr In of Motor Vehicle Fuel Tax from Gen.Fund 7,100) 7,100)
Budget Motor Vehicle Fuel Tax revenue 7,100 7,100
BA#6 Total
Revised Budget 8,194 7,200 15,394
Total Resources/Expenditures 15,394 15,394
Page 3 of 9
ORD.A
Schedule A
Summary ofBudget Adjustments by Fund
Budget Amendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
Business Improvement Area Fund(#121) Balance Revenues 2011 Expenditures Balance
Adopted Budget 44,396 53,100 54,000 43,496
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 512 9,248) 26,000 34,736)
BA#3(Adopted;ordinance#6362)91) 91)
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Increase operating budget forhigher than anticipated expenses 5,000 5,000)
BA#5 Total 5,000 5,000)
Revised Budget 44,817 43,852 85,000 3,669
Total Resources/Expenditures 88,669 88,669
Beg.Fund 2011 Ending Fund
Cumulative Reserve Fund(#122) Balance Revenues 2011 Expenditures Balance
Adopted Budget 5,623,464 23,000 44,900 5,601,564
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 78,450 78,450
BA#3(Adopted;ordinance#6362) 30,118 400,000 369,882)
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Transfer Out to Cemetery Fund to support cash flow needs 200,000 200,000)
BA#5 Total 200,000 200,000)
Revised Budget 5,732,032 23,000 723,350 5,031,682
Total Resources/Expenditures 5,755,032 5,755,032
Beg.Fund 2011 Ending Fund
Mitigation Fees Fund(#124) Balance Revenues 2011 Expenditures Balance
Adopted Budget 3,444,973 900,000 2,679,200 1,665,773
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 601,170 601,170
BA#3(Adopted;ordinance#6362) 290,693 290,693
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Increase expenses to reflect higher Fire Impact&Mitigationcollections(used for
Station#34 construction)
212,300 212,300)
BA#5 Total 212,300 212,300)
Revised Budget 4,336,836 900,000 3,492,670 1,744,166
Total Resources/Expenditures 5,236,836 5,236,836
Page 4 of 9
ORD.A
Schedule A
Summary of Budget Adjustments by Fund
Budget Amendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
Municipal Park Construction Fund(#321) Balance Revenues 2011 Expenditures Balance
Adopted Budget 374,368 19,089,200 19,261,700 201,868
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 219,120 2,225,280 2,444,400
BA#3(Adopted;ordinance#6362) 246,405) 130,000 116,405)
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Federal Grant funding for Game Farm Soccer Field lighting 83,200 83,200
BA#5 Total 83,200 83,200
Revised Budget 347,083 21,527,680 21,706,100 168,663
Total Resources/Expenditures 21,874,763 21,874,763
Beg.Fund 2011 Ending Fund
Water Fund(#430)Balance Revenues 2011 Expenditures Balance
Adopted Budget 19,168,199 10,918,400 27,509,320 2,577,279
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 2,113,700 2,081,270 32,430
BA#3(Adopted;ordinance#6362) 324,168 209,000 47,580 485,588
BA#4(Adopted;ordinance#6370)30,320) 30,320
BA#5(proposed)
Reduce Estimated Water Sales revenue due to lower usage 1,180,900) 1,180,900)
Recognize water billing adjustment 600,000 600,000
Employer Pension Rate Increase effective 7/01/11 23,140 23,140)
BA#5 Total 680,900) 23,140 604,040)
Revised Budget 21,606,067 10,646,500 29,630,990 2,521,577
Total Resources/Expenditures 32,152,567 32,152,567
Page 5 of 9
ORD.A
Schedule A
Summary ofBudget Adjustments by Fund
BudgetAmendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
Sewer Fund(#431) Balance Revenues 2011 Expenditures Balance
Adopted Budget 10,818,244 17,956,300 25,602,100 3,172,444
BA#1(Adopted;ordinance#6351)37,000 37,000)
BA#2(Adopted;ordinance#6352) 2,156,900 2,123,810 33,090
BA#3(Adopted;ordinance#6362) 3,046,835 104,900 53,570 3,098,165
BA#4(Adopted;ordinance#6370) 30,320) 30,320
BA#5(proposed)
Recognizegrant funding forJanuary 2011 storm
Indirect Federal Grant 34,400 34,400
State Grant 5,600 5,600
Grant funded expenses 40,000 40,000)
Employer Pension Rate Increase effective 7/01/11 13,000 13,000)
BA#5 Total 40,000 53,000 13,000)
Revised Budget 16,021,979 18,101,200 27,839,160 6,284,019
Total Resources/Expenditures 34,123,179 34,123,179
Beg.Fund 2011 Ending Fund
Storm Drainage Fund(#432) Balance Revenues 2011 Expenditures Balance
Adopted Budget 7,695,982 7,213,700 13,066,950 1,842,732
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 1,304,260 1,264,410 39,850
BA#3(Adopted;ordinance#6362) 795,296 60,800 57,800 798,296
BA#4(Adopted;ordinance#6370) 31,910) 31,910
BA#5(proposed)
Employer PensionRate Increase effective 7/01/11 22,080 22,080)
BA#5 Total 22,080 22,080)
Revised Budget 9,795,538 7,274,500 14,379,330 2,690,708
Total Resources I Expenditures 17,070,038 17,070,038
Page 6 of 9
ORD.A
Schedule A
Summary ofBudget Adjustments by Fund
BudgetAmendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
Solid Waste Fund(#434) Balance Revenues 2011 Expenditures Balance
Adopted Budget 800,406 9,513,800 9,883,470 430,736
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 8,990) 8,990
BA#3(Adopted;ordinance#6362) 24,716) 16,230 16,230 24,716)
BA#4(Adopted;ordinance#6370)1,600 1,600)
BA#5(proposed)
Adjust fund revenues and expenses perJune 2011 rate study
Increase solid waste service revenues 450,930 450,930
Adjust est.Waste Management fees 475,340 475,340)
Employer PensionRate Increase effective 7/01/11 2,310 2,310)
BA#5 Total 450,930 477,650 26,720)
Revised Budget 775,690 9,980,960 10,369,960 386,690
Total Resources/Expenditures 10,756,650 10,756,650
Beg.Fund 2011 Ending Fund
Cemetery Fund(#436) Balance Revenues 2011 Expenditures Balance
Adopted Budget 300,328 924,800 1,078,930 146,198
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 9,080) 9,080
BA#3(Adopted;ordinance#6362) 176,199) 28,500) 147,699)
BA#4(Adopted;ordinance#6370)950 950)
BA#5(proposed)
Transfer In from Cumulative Reserve Fund to meet cash flow needs 200,000 200,000
BA#5 Total 200,000 200,000
Revised Budget 124,129 1,124,800 1,042,300 206,629
Total Resources/Expenditures 1,248,929 1,248,929
Page 7 of 9
ORD.A
ScheduleA
Summary of Budget Adjustments by Fund
Budget Amendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
Golf Course Fund(#437) Balance Revenues 2011 Expenditures Balance
Adopted Budget 228,668 1,806,200 1,939,380 95,488
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 10,840) 10,840
BA#3(Adopted;ordinance#6362) 224,916) 400,000 176,084
BA#4(Adopted;ordinance#6370)82,000) 82,000)
BA#5(proposed)
Employer Pension Rate Increase effective 7/01/11 3,190 3,190)
Carry forward 2010 principal&interestpayment of Interfund loan(to bepaid in 2011)
39,600 39,600)
BA#5 Total 42,790 42,790)
Revised Budget 3,752 2,124,200 1,889,330 238,622
Total Resources/Expenditures 2,127,952 2,127,952
Beg.Fund 2011 Ending Fund
Insurance Fund(#501) Balance Revenues 2011 Expenditures Balance
Adopted Budget 2,403,069 3,700 58,700 2,348,069
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352)
BA#3(Adopted;ordinance#6362) 36,237)120,000 156,237)
BA#4(Adopted;ordinance#6370)
BA#5(proposed)
Increase Estimated Unemployment Claims 10,000 10,000)
BA#5 Total 10,000 10,000)
Revised Budget 2,366,832 3,700 188,700 2,181,832
Total Resources/Expenditures 2,370,532 2,370,532
Beg.Fund 2011 Ending Fund
Facilities Fund(#505) Balance Revenues 2011 Expenditures Balance
Adopted Budget 307,539 3,999,300 3,960,400 346,439
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 30,000 26,790 61,110 4,320)
BA#3(Adopted;ordinance#6362) 377,405 34,000 43,000) 454,405
BA#4(Adopted;ordinance#6370)105,300) 105,300)
Revised Budget 714,944 3,954,790 3,873,210 796,624
Total Resources/Expenditures 4,669,734 4,669,734
Page 8 of 9
ORD.A
Schedule A
Summary of Budget Adjustments by Fund
Budget Amendment#5 Ordinance 6378
Beg.Fund 2011 Ending Fund
Information Services Fund(#518) Balance Revenues 2011 Expenditures Balance
Adopted Budget 3,546,577 4,271,670 5,720,450 2,097,797
BA#1(Adopted;ordinance#6351)5,500 5,500
BA#2(Adopted;ordinance#6352) 108,000 217,000 302,080 22,920
BA#3(Adopted;ordinance#6362) 295,216 6,400 43,300258,316
BA#4(Adopted;ordinance#6370) 24,000 18,400 5,600
BA#5(proposed)
Employer Pension Rate Increase effective 7/01/11 8,840 8,840)
BA#5 Total 8,840 8,840)
Revised Budget 3,949,793 4,524,570 6,098,570 2,375,793
Total Resources I Expenditures 8,474,363 8,474,363
Beg.Fund 2011 Ending Fund
Equipment Rental Fund(#550) Balance Revenues 2011 Expenditures Balance
Adopted Budget 4,857,654 2,827,100 4,825,800 2,858,954
BA#1(Adopted;ordinance#6351)
BA#2(Adopted;ordinance#6352) 151,600 144,070 7,530
BA#3(Adopted;ordinance#6362) 816,941 20,000796,941
BA#4(Adopted;ordinance#6370)640 640)
BA#5(proposed)
Employer Pension Rate Increase effective 7/01/11 1,800 1,800)
BA#5 Total 1,800 1,800)
Revised Budget 5,826,195 2,827,100 4,992,310 3,660,985
Total Resources/Expenditures 8,653,295 8,653,295
Beg.Fund 2011 Ending Fund
Grand Total All Funds Balance Revenues 2011 Expenditures Balance
Adopted Budget 88,306,158 154,702,653 203,375,808 39,633,003
BA#1(Adopted;ordinance#6351) 51,500 177,860 126,360)
BA#2(Adopted;ordinance#6352)11,357,642 5,741,642 16,784,946 314,338
BA#3(Adopted;ordinance#6362)10,454,281 3,026,811 2,374,861 11,106,231
BA#4(Adopted;ordinance#6370) 224,300) 190,650) 33,650)
BA#5(proposed)128,480) 813,744 942,224)
Revised Budget 110,118,081 163,169,826 223,336,569 49,951,338
Total Resources/Expenditures 273,287,907 273,287,907
Page 9 of 9
ORD.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6379
Date:
November 29, 2011
Department:
Finance
Attachments:
Memo
Dept. Requests
CFP
Ordinance No. 6379 and Schedule "A"
Budget Impact:
$42,733,753
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6379.
Background Summary:
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.
Ordinance No. 6379 amends the 2012 Adopted 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.
Detailed discussion of the above is included in the attached transmittal memorandum and
supporting attachments.
F3.23
Reviewed by Council Committees:
Finance, Municipal Services, Planning And Community Development, Public Works
Councilmember:Backus Staff:Coleman
Meeting Date:December 5, 2011 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: November 29, 2011
Re: 2012 Budget Amendment #6
Attached is proposed budget amendment #6 for your review 1 . Significant changes included in this
amendment include the following:
Revenue updates. The following changes are proposed to 2012 budgeted revenues:
o Beginning fund balances: Beginning 2012 fund balances and working capital fund
balances are adjusted to reflect estimated 2011 ending fund/working capital balances.
Once actual 2011 ending balances are available (approximately 2nd quarter 2012),
beginning fund/working capital balances will be adjusted to reflect actuals.
o Water utility water sales: Budgeted 2012 water sales is adjusted to reflect lower revenue
collections due to water conservation efforts and a decrease in wholesale water sales.
o General Fund revenues: Property taxes are increased by $400,000 reflecting preliminary
property tax assessment information from King and Pierce counties and electrical utility tax
revenues are increased by $368,000 reflecting generally higher revenue collection trends.
Recognize continued spending authority from previous budget amendments. As the City
operates on a biennial basis, some 2011 budget amendments approved have an ongoing fiscal
impact (such as a new position added or amendments that revise the ending fund balance for
carryforward to the next year) for which 2012 spending authority is required to enable the City to fully
fund these financial obligations. This budget amendment recognizes these on-going financial
commitments.
Additional 2012 Budget Requests. This proposed budget amendment include several requests
for additional items for inclusion in the 2012 budget. Significant items include:
o Fleet Manager
o Economic Development Manager
o Police Officer (supernumerary) to backfill an existing position out on extended military leave
o Crime Analyst
o Police Secretary
o SCORE jail costs to reflect actual higher jail bed days.
o City Hall remodel
1 Previously approved (and pending) budget amendments include: #1: Ord 6351 (Feb 2011); #2: Ord 6352 (Apr 2011); #3: Ord 6362 (Jul 2011); #4: Ord
6370 (Sep 2011); #5 (Ord 6378 – pending Dec 2011)
ORD.B
o Traffic signal LED light replacement
o Employer Pension Rate changes. The State of Washington manages the Public Employee
Retirement System (PERS). PERS is funded by contributions from employees and
employers, rates for which are determined by an actuarial analysis by the State based on
the current and forecasted financial needs of the PERS program. The State recently
announced changes to the contribution rates, with rates for employers increasing from
5.31% to 7.07% effective July 1, 2011 and a second change from 7.07% to 7.25% effective
September 1, 2011. Approval of this amendment would revise the City’s 2012 budget by
$255,000 in the General Fund and $217,000 in the City’s other funds.
o Non-Paid Furlough policy. As you are aware, in December 2009 due to weakness in the
City’s financial condition, the City implemented a policy of reducing salaries and benefits
equal to 40 hours of unpaid leave (non-paid furlough). These reductions were negotiated
with Teamsters Local Union #117 (outside teamsters) and applied to non-affiliated
employees and covered calendar year 2010. Subsequent discussions and agreements
extended the non-paid furlough policy to calendar years 2011 and 2012.
In addition, separate agreements with the Police commanders, Police non-commissioned
employees and inside City teamsters collective bargaining units were also reached in 2010
whereby a percentage of their pay and/or the City’s VEBA contribution were offered in lieu
of the non-paid furlough policy. The same was also applied to the Mayor, Council, and non-
affiliated NAC employees, except the municipal judge. Similar agreements were reached
for 2011 and 2012 with the Police commanders, Police non-commissioned employees, and
inside City Teamster’s collective bargaining units. In 2011, the Mayor, Council, and non-
affiliated NAC employees, except the municipal judge, continue the 2010 plan. Early in
2011, an agreement was negotiated with the Police Guild to move their medical plan from
AWC Plan A to AWC Preferred Provider Option and no cost of living increases for 2011 and
2012.
This budget adjustment amends the 2012 adopted budget consistent with the negotiated
agreements summarized above.
For further detail on the proposed amendments to the 2012 budget, refer to Attachment 1.
2012-2017 Capital Facility Plan revisions. The City’s six-year Capital Facilities Plan serves as one
of the primary policy documents used to guide city-wide capital improvements consistent with the
adopted Comprehensive Plan. The six-year CFP is updated each year to reflect changes to project
scheduling, funding sources, and/or City policy and service needs. Modification of the 2012 adopted
budget is needed to maintain alignment with the revised CFP. A schedule of significant changes in
the six-year CFP is attached (Attachment 2).
Council’s approval of the proposed amendments would result in an increase to the overall 2012 City budget
of $42.7 million.
ORD.B
Table 1 below summarizes the 2012 budget, as amended, under this proposed Ordinance:
Table 1: 2012 Budget As Amended
As Adopted (Ord 6339) $181,454,903
Budget Adjustments
General Fund 1,862,750
Parks Construction Fund 18,456,895
Capital Improvements Fund 3,282,059
Water Fund 5,926,668
Sewer Fund 6,260,255
Stormwater Fund 3,368,046
All Other Funds 3,577,080
Total BA#6 (Ord #6379) 42,733,753
Budget as Amended $224,188,656
Attachments:
1. Summary of proposed budget adjustments
2. Schedule of significant changes to 2012-2017 Capital Facilities Plan
3. Proposed Ordinance #6379 (budget adjustment #6)
4. Summary of proposed 2012 budget adjustments by fund and department (Schedule A)
ORD.B
Attachment 1
Summary of Proposed Budget Adjustments
Previously Approved Budget Adjustments
Budget Adjustment #1 (Ord 6351)
1. Probation Counselor
2. Council Secretary
3. Senior Center Assistant
Budget Adjustment #3 (Ord 6362)
4. Community Services Crew Leader
5. Alive at 25 Defensive Driving program
6. Street Vegetation Manager – move funding to Stormwater Fund
Budget Adjustment #4 (Ord 6370)
7. Marketing and Promotions Coordinator
8. Senior Accountant
9. Court Bailiff
Other
10-12. Animal Shelter Interior, Exterior improvements and startup costs (Res 4747)
13. Information Services support to Algona/Pacific/VRFA (Res 4683 & 4748)
Proposed Budget Adjustments
14-36. See attached for details
ORD.B
2011
2011
2011
Attachment 2
Schedule of Significant Changes to 2012 Capital Facilities Plan
ORD.B
Detail of Changes from Prior Year CFP
A Street NW, Ph 1 1,687,500
AWS Corridor Improvement -Phase 1(574,300)
M Street Grade Separation(5,435,300)
I Street NE Corridor (40th St NE to 52nd St NE)409,300
So. 277th-AWN to Green River Bridge(276,500)
A Street NW, Ph 2 (162,000)
West Valley Hwy Imp. (SR 18 to West Main)5,000
8th Street NE -U Turn Improvements332,000
AWN & 1st St NE Signal Improvements(20,000)
Auburn Way So & M St SE Intersection75,000
F Street SE & 4th St SE Traffic Signal1,000
41st St. SE & A St SE Access Management Study2,000
104th Ave SE & Green River Road Study 3,000
Downtown Les Gove Non Motorized Imp. Study10,000
S 316th St Bicycle & Pedestrian Imp. Study5,000
37th St SE & R St SE Pedestrian Connector 1,000
Mary Olson Farm Improvements1,000
Lea Hill Pedestrian Improvement373,500
AWS Corridor Improvement (Fir St SE)2,736,700
Total Adjustment for Capital Projects (826,100)
Fund 102 CFP -Capital Project Changes for 2012
ORD.B
Detail of Changes
Park Acquisition / Development370,000
Isaac Evans Park 25,000
Auburn Community Center 17,660,000
Veterans' Park Improvement(50,000)
Les Gove Improvements25,000
Shaughnessy Park Improvements15,000
Game Farm Park 70,000
Roegner Park (130,000)
Auburndale Park (25,000)
Fenster Levee Setback, Phase 2B439,200
Net Adjustment for Capital Projects 18,399,200
Detail of Changes
City Hall HVAC 626,500
City Hall Remodel500,000
Mohawks Plastics Site15,000
Public Art 30,000
Net Adjustment for Capital Projects 1,171,500
Fund 321 CFP -Capital Project Changes for 2012
Fund 328 CFP -Capital Project Changes for 2012
Fund 330 CFP -Capital Project Changes for 2012
Detail of Changes
Downtown Promenade Improvements145,000
Citywide Wayfinding Signage61,000
Downtown Pedestrian Lighting39,500
Downtown Sculpture Garden10,000
NW City Hall Plaza Improvement 388,000
Downtown Furniture25,000
Net Adjustment for Capital Projects 668,500
ORD.B
Utility Funds CFP -Capital Project Changes for 2012
Detail of Changes
Well 1 Improvements580,000
Intertie Infrastructure503,000
Lakeland Hills Reservoir 6100,000
Lakeland Hills Booster Pump Station77,000
Academy Booster Pump Station2,752,700
Well 4 Intertie Pump Station Improvements100,000
MIT Master Meters 80,000
Water Resources protection program(17,500)
Annual Reservoir repair & replacement(40,000)
SCADA Upgrades 760,700
Fulmer Well Field Improvements200,000
M Street Grade Separation150,000
Lea Hill PRV Station Improvements(150,000)
Deduct Meter Replacement50,000
A Street NW Corridor206,000
Net Adjustment for Capital Projects 5,351,900
Power Generators 100,000
Lea Hill Pump Station Decommissioning15,000
Ellingson Pump Station Replacement15,000
2009 - 2010 Sanitary Sewer Repair & Replacem 485,100
Water Utility Fund
Sewer Utility Fund
Net Adjustment for Capital Projects 615,100
S. 296th Street Pond Expansion, Phase 1 & 2550,000
Bry's Cove Pond Expansion75,000
Port of Seattle Mitigation project100,000
White River Storm Pump Station Replacement5,000
Auburn Way South Flooding, Phase 1 & 21,638,000
30th Street NE Area Flooding Phase 1250,000
Brannan Park Pump Station Relocation(50,000)
Net Adjustment for Capital Projects 2,568,000
Storm Utility Fund
ORD.B
ORDINANCE NO 6379
AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO
6339, THE 2011-2012 BIENNIALBUDGET ORDINANCE AS
AMENDED BY ORDINANCE NO 6351, ORDINANCE NO
6352, ORDINANCE NO 6362, ORDINANCE 6370AND
ORDINANCE 6378 AUTHORIZING AMENDMENT TO THE
CITY OF AUBURN 2011-2012 BUDGET ASSET FORTH IN
SCHEDULE "A"
WHEREAS, the Auburn City Council at its regular meeting ofDecember 6,
2010, adopted Ordinance No 6339 which adopted theCity of Auburn 2011-2012
Biennial budget; and
WHEREAS, the Auburn City Council at its regularmeeting of February 22,
2011, adopted Ordinance No 6351 whichamended Ordinance No 6339 which
adoptedthe City of Auburn 2011-2012Biennial budget; and
WHEREAS, theAuburn CityCouncil at its regular meeting of April 4, 2011,
adoptedOrdinance No 6352 which amendedOrdinance No 6351, and
WHEREAS, the Auburn CityCouncil at its regular meeting of July 18, 2011,
adopted Ordinance No 6362which amended Ordinance No 6352, and
WHEREAS, the Auburn City Council at its regular meeting of September 6,
2011 adopted Ordinance No 6370 whichamended Ordinance 6362, and
WHEREAS, the Auburn City Council at its regular meeting of December 5,
2011 adopted Ordinance No 6378 whichamended Ordinance 6370, and
WHEREAS, theCity of Auburn deems it necessary to appropriate additional
funds to the various funds of the2012 budget; and
Ordinance No. 6379
October 17, 2011
Page 1 of 3
ORD.B
WHEREAS, this Ordinance has been approved by one more than the
majorityof all councilpersons in accordance with RCW 35A.34 200
NOW THEREFORE, THECITY COUNCIL OF THECITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS
Section 1. Amendment of the 2011-2012 Biennial Budget. The 2011-
2012Biennial Budget of theCity of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule "A" attached
hereto and incorporated herein by reference The Mayorof the City of Auburn,
Washington is hereby authorized to utilize revenue and expenditure amounts
shown on said Schedule "A" A copy of said Schedule "A" is on file with the City
Clerk and available for publicinspection
Section 2. Severability If any provision of this Ordinance orthe
application thereof to any person or circumstance is held to be invalid, the
remainder of such code, ordinance orregulationor the application thereof to other
person or circumstance shall not be affected
Section 3, Implementation. The Mayor is hereby authorized to
implement such administrativeprocedures as may be necessary to carryoutthe
directives of this legislation
Section 4. Effective Date. ThisOrdinance shall take effect and be in
force five (5) days from and after its passage, approval and publication as provided
by law
Ordinance-Igo. 6379
October 17 2011
Page 2 of
ORD.B
INTRODUCED
PASSED
APPROVED
PETER B LEWIS, MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
al%_, J
Daniel B Hei•
City Attorney
PUBLISHED
Ordinance No 6379
October 17, 2011
Page 3 of 3
ORD.B
Attachment 4
Ordinance#6379 Details(Schedule A)
AUBURN * MORI THAN YOU IMAGINED
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
General Fund(#001) Balance Revenues 2012 Expenditures Balance
General Fund
2012 Adopted Budget 10,487,938 49,252,800 54,612,340 5,128,398
BA#6(Proposed)
Adjust estimated beginning fund balance 1,064250 1,064,250
Increase Property Tax 400,000 400,000
Electric Utility Tax 368,000 368,000
Mayor/Council
Admin-Council Secretary per BA#1 Ordinance 6351 77,130 77,130)
Human Resources
EHM Probation Counselor per BA#2 Ordinance 6352 77,840 77,840)
HR-Community Service Crew leader per BA#3 Ordinance 6362 26,930 26,930)
CourtBailiff per BA#4 Ordinance 6370 31,040 31,040)
Alive @ 25 Defensive driving program revenue per BA#3 Ordinance 6362 9,000 1 9,000
Alive(a)25 Defensive driving program per BA#3 Ordinance 6362 1,140 1 1,140)
Alive after 25 Defensive driving program revenue 4,500 2 4,500
Alive after 25 Defensive driving program 3,250 23,250)
Finance
SeniorAccountant per BA#4 Ordinance 6370 49,120 49,120)
Planning
Economic Development Manager 136,500 136,500)
Police
SCORE-Intergovernmental Jail Services 620,000 620,000)
Police Academy training costs 9,900 9,900)
Police Secretary 88,000 88,000)
Crime Analyst FTE plus office equipment($2.5K) 90,340 90,340)
Police Officer-supernumerary 94,490 94,490)
Public Works
Engineering-Traffic Signal LED lamp replacement 110,000 110,000)
StreetNegetation Manager-50%SaUBen to Storm Fund per BA#3 Ord.6362 56,740)4 56,740
Parks
Marketing&Promotions Coordinator offset by reduction in AnimalControlTemp
wages$37,980 per BA#4 Ordinance 6370 52,230 52,230)
Theater Rentals decrease$7K,Theater Tickets increase$13K,TheaterClasses
increase$12K,decrease Cultural Arts revenue$9.5K for programming
Performance Arts Center 8,500 8,500
Senior Services Contributions&Donations 8,500 3 8,500
Senior Services supplies funded by increase in donations&contributions 8,500 3 8,500)
Senior Center Assistant per BA#1 Ordinance 6351 52.010 52,010)
Downtown outdoor sculpture gallery project 10.000 10,000)
Parks-Move ArtRageous festival to downtown 4,000 4,000)
Page 1 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
General Fund(#001) Balance Revenues 2012 Expenditures Balance
OtherAdjustments
Transfer Out to Facilities Fund for AVHS 300,000 5 300,000)
Employer Pension Rate Increase effective 7/01/11&9/01/11
Mayor/Council 9,430 9,430)
Human Resources 33,830 33,830)
Finance 10,150 10,150)
City Attorney 16,410 16,410)
Planning 35,16035,160)
Police 47,810 47,810)
Public Works 52,15052,150)
Parks 40,590 40,590)
Streets 9,640 9,640)
Unpaid furlough day adjustment/VEBA contribution
Mayor/Council 3,090) 3,090
Human Resources 21,560)21,560
Finance 12,230) 12,230
City Attorney 19,480) 19,480
Planning 41,860)41.860
Police 4,610) 4,610
Public Works 35,380)35,380
Parks 46,020)46,020
Streets 17,540) 17,540
BA#6 Total 1,064,250 798,500 1,839,080 23,670
2012 Revised Budget 11,552,188 50,051,300 56,451,420 5,152,068
Total Resources/Expenditures 61,603,488 61,603,488
Beg.Fund 2012 Ending Fund
Arterial Street Fund(#102) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 265,018 14,715,500 14,806,900 173,618
BA#6(Proposed)
Adjust estimated beginning fund balance 982,406 982,406
DecreaseFederal Grants per 2012-2017 CFP 4,737,300) 4,737,300)
Increase State Grants per 2012-2017 CFP 6,980,900 6,980.900
IncreaseInterlocal Grants&Agreements per 2012-2017 CFP 1.429,100 1,429,100
Increase Contributions per 2012-2017 CFP 200,000 200,000
Reduce Public Works Trust Fund loan per 2012-2017 CFP 6,000,000) 6,000,000)
Transfer In-Impact Fees per 2012-2017 CFP 522,000 6 522,000
Transfer In-REET 2 per 2012-2017 CFP 75,000 8 75,000
Transfer In Fund 328 per 2012-2017 CFP 50,000 9 50,000
Decrease Construction Projects per 2012-2017 CFP 826,100) 826,100
BA#6 Total 982,406 1,480,300) 826,100) 328,206
2012 Revised Budget 1,247,424 13,235,20013,980,800 501,824
Total Resources I Expenditures 14,482,624 14,482,624
Page 2 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
Local Street Fund(#103) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 1,095,806 2,155,000 2,000,000 1,250,806
BA#6(Proposed)
Adjust estimated beginning fund balance 277,271) 277,271)
Employer Pension Rate Increase effective 7/01/11 8 9/01/11 1,960 1,960)
Unpaid furlough day adjustment 1,850) 1,850
BA#6 Total 277,271) 110 277,381)
2012 Revised Budget 818,535 2,155,000 2,000,110 973,425
Total Resources/Expenditures 2,973,535 2,973,535
Beg.Fund 2012 Ending Fund
Hotel Motel Fund(#104) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 15,726 79,40085,000 10,126
BA#6(Proposed)
Adjust estimated beginning fund balance 5,274) 5,274)
BA#6 Total 5,274) 5,274)
2012 Revised Budget 10,452 79,400 85,000 4,852
Total Resources/Expenditures 89,852 89,852
Beg.Fund 2012 Ending Fund
Arterial Street Preservation Fund(#105) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 35,089 1,501,500 1,500,000 36,589
BA#6(Proposed)
Adjust estimated beginning fundbalance 412,761 412,761
BA#6 Total 412,761 412,761
2012 Revised Budget 447,850 1,501,500 1,500,000 449,350
Total Resources/Expenditures 1,949,350 1,949,350
Beg.Fund 2012 Ending Fund
Drug Forfeiture Fund(#117) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 513,237 298,700 298,230 513,707
BA#6(Proposed)
Adjust estimated beginning fund balance 168,633 168,633
BA#6 Total 168,633 168,833
2012 Revised Budget 681,870 298,700 298,230 682,340
Total Resources/Expenditures 980,570 980,570
Page 3 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
BudgetAmendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
Housing and Community Development Grant Fund(#119)Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 66,876 450,000 439,220 77,656
BA#6(Proposed)
Adjust estimated beginning fund balance 54,507) 54,507)
Unpaid furlough day adjustment 1,470) 1,470
BA#6 Total 54,507)1,470)53,037)
2012 Revised Budget 12,369 450,000 437,750 24,619
Total Resources/Expenditures 462,369 462,369
Beg.Fund 2012 Ending Fund
Business Improvement Area Fund(#121) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 43,496 54,100 54,000 43,596
BA#6(Proposed)
Adjust estimated beginning fund balance 34,827) 34,827)
BA#6 Total 34,827) 34,827)
2012 Revised Budget 8,669 54,100 54,000 8,769
Total Resources/Expenditures 62,769 62,769
Beg.Fund 2012 Ending Fund
Cumulative Reserve Fund(#122) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 5,601,664 24,000 5,625,564
BA#6(Proposed)
Adjust estimated beginning fund balance 369,88 369,882)
BA#6 Total 369,882) 369,882)
2012 Revised Budget 5,231,682 24,000 5,255,882
Total Resources I Expenditures 5,255,682 5,255,682
Page 4 0112
ORD.B
Schedule A
Summary of 2012 BudgetAdjustments by Fund
BudgetAmendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
Mitigation Fees Fund(#124) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 1,665,773 902,000 1,120,700 1,447,073
BA#6(Proposed)
Adjust estimated beginning fund balance 78,393 78,393
Transfer Out Impact Fees to Fund 102 per 2012-2017 CFP 522,000 6 522,000)
Transfer Out Impact Fees to Fund 328 per 2012-2017 CFP 15,000 7 15,000)
BA#6 Total 78,393 537,000 458,607)
2012 Revised Budget 1,744,166 902,000 1,657,700 988,466
Total Resources/Expenditures 2,646,166 2,646,166
Beg.Fund 2012 Ending Fund
1998 Library Fund(#229) Balance Revenues 2012 Expenditures Balance
2012 AdoptedBudget 339,120 288,100 286,900 340,320
BA#6(Proposed)
Adjust estimated beginning fund balance 292,062) 292,062)
BA#6 Total 292,062) 292,062)
2012 Revised Budget 47,058 288,100 286,900 48,258
Total Resources/Expenditures 335,158 335,158
Beg.Fund 2012 Ending Fund
2010 C&D Local Revitalization Debt Fund(#231)Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 62,700 595,600 585,400 62,900
BA#6(Proposed)
Adjust estimated beginning fund balance 13,901 13,901
BA#6 Total 13,901 13,901
2012 Revised Budget 76,601 595,600595,400 76,801
Total Resources/Expenditures 672,201 672,201
Page 5 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
BudgetAmendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
LID Guarantee Fund(#249) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 52,500 500 11,000 42,000
BA#6(Proposed)
Adjust estimated beginning fund balance 1,087 1,087
BA#6 Total 1,087 1,087
2012 Revised Budget 53,587600 11,000 43,087
Total Resources/Expenditures 54,087 54,087
Beg.Fund 2012 EndingFund
Municipal Park Construction Fund(#321) Balance Revenues 2012 Expenditures Balance
2012 AdoptedBudget 201,868 1,874,100 1,979,100 96,868
BA#6(Proposed)
Adjust estimated beginning fund balance 305,995 305,995
Decrease Property Taxes per 2012-2017 CFP 45,000) 45,000)
IncreaseFederal grants per 2012-2017 CFP 167,900 167,900
Decrease State grants per 2012-2017 CFP 33,800) 33,800)
IncreaseInterlocal grantsper 2012-2017 CFP 375,000 375,000
New Market Tax Credit per 2012-2017 CFP 5,102,800 5,102,800
HUD 108 Loan per 2012-2017 CFP 2,000,000 2,000,000
Proceeds from Sale(QALICB)per 2012-2017 CFP 8,000,000 8,000,000
Misc.Revenue per 2012-2017 CFP 1,878,100 1,878,100
Transfer In REET 1 per 2012-2017 CFP 679,10010 679,100
Transfer In from Storm Fund per 2012-2017 CFP 26,800 11 26,800
Increase Construction Projects per 2012-2017 CFP 18,399,200 18,399,200)
BA#6 Total 305,995 18,150,900 18,399,200 57,695
2012 Revised Budget 507,863 20,025,000 20,378,300 154,563
Total Resources/Expenditures 20,532,863 20,532,863
Page 6 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
Capital Improvements Fund(#328) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 2,390,706 1,737,700 1,159,100 2,969,306
BA#6(Proposed)
Adjust estimated beginning fund balance 3,267,059 3,267,059
Transfer In Traffic Impact for Mohawks plastics 15,000 7 15,000
Increase Construction Projects per 2012-2017 CFP 1,171,500 1,171,500)
Increase REET 1 Transfer Out to City Hall Annex DebtSvcFund 230 and
decrease Facilities Fund Transfer Out for corresponding amount. 105,000 12 105,000)
Transfer Out REET 1 to Fund 321 per 2012-2017 CFP 679,100 10 679,100)
Transfer Out REET 2 to Fund 102 per 2012-2017 CFP 75,000 8 75,000)
Transfer Out to Fund 102 per 2012-2017 CFP 50,000 9 50,000)
BA#6 Total 3,267,059 15,000 2,080,600 1,201,459
2012 Revised Budget 5,657,765 1,752,700 3,239,700 4,170,765
Total Resources I Expenditures 7,410,465 7,410,465
Beg.Fund 2012 Ending Fund
Local Revitalization Fund(#330) Balance Revenues 2012 Expenditures Balance
2012 AdoptedBudget
BA#6(Proposed)
Adjust estimated beginning fund balance 806,907 806,907
Increase Direct 8 Indirect Federal grants per 2012-2017 CFP 116,100 116,100
Increase Construction projects per 2012-2017 CFP 668,500 668,500)
BA#6 Total 806,907 116,100 668,500 254,507
2012 Revised Budget 806,907 116,100 668,500 254,507
Total Resources I Expenditures 923,007 923,007
Beg.Fund 2012 Ending Fund
Water Fund(#430) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 2,577,279 11,624,400 12,867,420 1,334,259
BA#6(Proposed)
Adjust estimated beginning fund balance 7,080,418 7,080,418
Reduce Water Sales revenue 1,369,250) 1,369,250)
Cell phone tower lease revenue 46,500 46,500
Build America Bonds Subsidy 169,000 169,000
Unpaid furlough day adjustment 48,260)48,260
Employer Pension Rate Increase effective 7/01/11 8 9/01/11 55,410 55,410)
Senior Accountant per BA#4 Ordinance 6370 15,330 15,330)
Reduce Interfund payment for Annex Rent per BA#4 Ordinance 6370 35,000) 13 35,000
Increase Debt Service per 2012-2017 CFP 34,870 34,870)
Increase Construction Projects per 2012-2017 CFP 5,351,900 5,351,900)
Reduce Administration professional services 104,000)104,000
Reduce Operations minor equipment 200,000) 200,000
BA#8 Total 7,080,418 1,153,750) 5.070,250 856,418
2012 Revised Budget 9,657,697 10,470,650 17,937,670 2,190,677
Total Resources/Expenditures 20,128,347 20,128,347
Page 7 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
Sewer Fund(#431) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 3,172,444 18,361,600 20,472,820 1,061,224
BA#6(Proposed)
Adjust estimated beginning fund balance 6,184,655 6,184,655
Build America Bonds Subsidy 75,600 75,600
Senior Accountant per BA#4 Ordinance 6370 15,330 15,330)
Reduce Interfund payment for Annex Rent per BA#4 Ordinance6370 35,000) 13 35,000
Increase Debt Service per 2012-2017 CFP 22,270 22,270)
Increase Construction Projects per 2012-2017 CFP 615,100 615,100)
Employer Pension Rate Increase effective 7/01/11&9/01/11 42,900 42,900)
Unpaid furlough day adjustment 33,600)33,600
BA#6 Total 6,184,655 75,600627,000 5,633,255
2012 Revised Budget 9,357,099 18,437,200 21,099,820 6,694,479
Total Resources/Expenditures 27,794,299 27,794,299
Beg.Fund 2012 Ending Fund
Storm Drainage Fund(#432) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 1,842,732 7,923,300 8,323,710 1,442,322
BA#6(Proposed)
Adjust estimated beginning fund balance 3,804,846 3,804,846
Build America Bonds Subsidy 63,200 63,200
Street/Vegetation Manager-50%Sal/Ben to Storm Fund per BA#3 Ord.6362 56,7404 56,740)
Senior Accountant per BA#4 Ordinance 6370 10,230 10,230)
Employer Pension Rate Increase effective 7/01/11&9/01/11 51.530 51,530)
Unpaid furlough day adjustment 40,360)40,360
Reduce System&Emerging issues in Lea Hill Annexation Area 50,000)50,000
Reduce Flow monitoring contract 50,000)50,000
Reduce SCADA support 50,000)50,000
Reduce Interfund payment for Annex Rent per BA#4 Ordinance 6370 35,000) 13 35,000
Increase Debt Service per 2012-2017 CFP 18,590 18,590)
Decrease Port of Seattle funding received in prior years per 2012-2017 CFP 500,000) 500,000)
Transfer Out to Fund 321 per 2012-2017 CFP 26,800 11 26,800)
Increase Construction Projects per 2012-2017 CFP 2,568,000 2,568,000)
BA#6 Total 3,804,846 436,800) 2,506,530 861,516
2012 Revised Budget 5,647,578 7,486,500 10,830,240 2,303,838
Total Resources/Expenditures 13,134,078 13,134,078
Page 8 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
BudgetAmendment#6 Ordinance 6379
Beg.Fund 2012 EndingFund
Solid Waste Fund(#434) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 430,736 9,513,800 9,910,560 33,976
BA#6(Proposed)
Adjust estimated beginning fund balance 41,736) 41,736)
Adjust est.revenues consistent with June 2011 rate study 1,258,660 1,258,660
Adjust est.Waste Management fees consistent with June 2011 rate study 753,290 753,290)
Increase Household Hazardous Waste revenues&expenses 88,000 88,000
Reduce Investment Income 2,000) 2,000)
Senior Accountant per BA#4 Ordinance 6370 5,110 5,110)
Employer Pension Rate Increase effective 7/01/11&9/01/11 7,610 7,610)
Unpaid furlough day adjustment 9,150) 9,150
BA#6 Total 41,736)1,344,660 844,860 458,064
2012 Revised Budget 389,000 10,858,460 10,755,420 492,040
Total Resources!Expenditures 11,247,460 11,247,460
Beg.Fund 2012 Ending Fund
Airport Fund(#435)Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 578,532 652,380 738,610492,302
BA#6(Proposed)
Adjust estimated beginning fund balance 336,137 336,137
Employer Pension Rate Increase effective 7/01/11&9/01/11 330 330)
Unpaid furlough day adjustment 390) 390
Increase Construction Projects per 2012-2017 CFP 250,500 250,500)
BA#6 Total 336,137 250,440 85,697
2012 Revised Budget 914,869 652,380 989,050 577,999
Total Resources I Expenditures 1,567,049 1,567,049
Beg.Fund 2012 Ending Fund
Cemetery Fund(#436) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 146,198 942,600 1,075,880 12,918
BAN(Proposed)
Adjust estimated beginning fund balance 60,431 60,431
Senior Accountant per BA#4 Ordinance 6370 3,070 3,070)
Employer Pension Rate Increase effective 7/01/11&9/01/11 2,880 2,880)
Unpaid furlough day adjustment 9,240) 9,240
Reduce Temporary Wages 6,400) 6,400
Reduce Inventory for resale&minorequipment 16,000) 16,000
Reduce professional services 4,000) 4,000
Reduce advertising 4,900) 4,900
BA#8 Total 60,431 34,590)95,021
2012 Revised Budget 206,629 942,600 1,041,290 107,939
Total Resources/Expenditures 1,149,229 1,149,229
Page 9 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
Golf Course Fund(#437) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 95,488 1,877,700 1,943,550 29,638
BA#6(Proposed)
Adjust estimated beginning fundbalance 185,924 185,924
Employer Pension Rate Increase effective 7/01/11&9/01/11 9,200 9200)
Unpaid furlough day adjustment 10,910) 10,910
Reduce other wages 38.000)38,000
Reduce other inventory for resale 10,000) 10,000
Reduce repairs&maintenance 17,000) 17,000
BA#6 Total 185,924 66,710) 252,634
2012 Revised Budget 281,412 1,877,700 1,876,840 282,272
TotalResources/Expenditures 2,159,112 2,159,112
Beg.Fund 2012 Ending Fund
Insurance Fund(#501) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 2,348,069 3,800 58,700 2,293,169
BA#6(Proposed)
Adjust estimated beginning fund balance 156,237) 156,237)
BA#6 Total 156,237) 156,237)
2012 Revised Budget 2,191,832 3,800 58,700 2,136,932
Total Resources/Expenditures 2,195,632 2,195,632
Beg.Fund 2012 Ending Fund
Facilities Fund(#505) BalanceRevenues 2012 Expenditures Balance
2012 Adopted Budget 346,439 3,658,200 3,548,540 456,099
BA#6(Proposed)
Adjust estimated beginning fund balance 450,085 450,085
Reduce Interfund revenue from Water,Sewer&Storm utility funds for Annex rent 105,000) 13 105,000)
Decrease Transfer Out to City Hall Annex DebtSvcFund230 and Increase 105,000) 12 105,000
REET 1 Transfer for correspondingamount
Senior Center carpet replacement 30,000 30,000)
Transfer In from General Fund for AVHS Tenant Improvements 300,000 5 300,000
AVHS Stall up costs-Vehide,Minor Equipment&Licensing Fee 68,000 68,000)
AVHS-Exterior Improvements 79,490 79,490)
AVHS-Interior TenantImprovements 530,300 530,300)
Employer Pension RateIncrease effective 7/01/11&9/01/11 11,720 11,720)
Unpaid furlough day adjustment 9,840) 9,840
BA#6 Total 450,085 195,000 604,670 40,415
2012 Revised Budget 796,524 3,853,200 4,153,210 496,514
Total Resources/Expenditures 4,649,724 4,649,724
Page 10 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
Information Services Fund(#518) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 2,097,797 4,351,070 5,006,990 1,441,877
BA#6(Proposed)
Adjust estimated beginning fund balance 286,836 286.836
Increase intergovernmental service revenue for technical support Algona 12,000 12,000
Increase intergovernmental service revenue for technical support Pacific 36,000 36,000
New FTE for intergovernmentaltechnical support 86,740 86,740)
NetMotion security software 25.000 25,000)
Upgrade Laser fiche document management software 24,700 24,700)
Employer Pension Rate Increase effective 7/01/11&9/01/11 29,240 29,240)
Unpaid furlough day adjustment 27,280) 27,280
BA#6 Total 286,836 48,000 138,400 196,436
2012 Revised Budget 2,384,633 4,399,070 5,145,390 1,638,313
Total Resources/Expenditures 6,783,703 6,783,703
Beg.Fund 2012 Ending Fund
Equipment Rental Fund(#550) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 2,858,954 3,073,250 3,098,660 2,833,544
BA#6(Proposed)
Adjust estimated beginning fund balance 803,831 803.831
Senior Accountant per BA#4 Ordinance6370 2.040 2,040)
New FTE-Fleet Manager 103,650 103,650)
Employer Pension Rate Increase effective 7/01/11&9/01/11 3,820 3,820)
Unpaid furlough day adjustment 7,670) 7,670
BA#6 Total 803,831 101,840 701,991
2012 Revised Budget 3,662,785 3,073,250 3,200,500 3,535,535
Total Resources/Expenditures 6,736,035 6,736,035
Beg.Fund 2012 Ending Fund
Fire Pension Fund(#611) Balance Revenues 2012 Expenditures Balance
2012 AdoptedBudget 2,732,932 90,000 147,450 2,676,482
BA#6(Proposed)
Adjust estimated beginning fund balance 10,061) 10,061)
Senior Accountant per BA#4 Ordinance 6370 2,040 2,040)
Employer Pension Rate Increase effective 7/01/11&9/01/11 200 200)
Unpaid furlough day adjustment 240) 240
BA#6 Total 10,061) 2,000 12,061)
2012 Revised Budget 2,722,871 90,000 149,450 2,863,421
Total Resources/Expenditures 2,812,871 2,812,871
Page 11 of 12
ORD.B
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment#6 Ordinance 6379
Beg.Fund 2012 Ending Fund
Cemetery Endowment Fund(#701) Balance Revenues 2012 Expenditures Balance
2012 Adopted Budget 1,552,162 54,700 22,300 1,584,562
BA#6(Proposed)
Adju s t estimated beginning fund balance 8,145 8,145
BA#6 Total 8,145 8,145
2012 Revised Budget 1,560,307 64,700 22,300 1,592,707
Total Resources/Expenditures 1,615,007 1,615,007
Beg.Fund 2012 Ending Fund
Grand Total All Funds Balance Revenues 2012 Expenditures Balance
2012 AdoptedBudget 43,633,003 137,821,900 147,921,880 33,533,023
BA#6(Proposed) 25,060,843 17,672,910 32,741,610 9,992,143
2012 Revised Budget 68,693,846 155,494,810 180,663,490 43,525,166
Total Resources/Expenditures 224,188,656 224,188,656
November 28,2011
Prepared by Auburn Flnandal Planning
F:1Budget Dlredery12012 BudgeMmerdmentstBNWIBudget Adjustments Summery
Page 12 of 12
ORD.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6381
Date:
November 30, 2011
Department:
Public Works
Attachments:
Ordinance No. 6381 and Exhibits A-D
Staff Report
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6381.
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 should be vacated.
Ordinance No. 6381, if adopted by City Council, vacates the right-of-way subject to
conditions as outlined in the ordinance.
O3.9 V3-11
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:December 5, 2011 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C
ORDINANCE NO 6381
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF
8TH STREET NE, WEST OF A STREET NE, WITHIN THE
CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington, has received a petition by not less
than two-thirds (2/3) of the owners of property adjacent to right-of-way located at
8th Street
NE, west of A Street NE within the City of Auburn, Washington, requestingvacation of the
same, and
WHEREAS, the City Council of the Cityof Auburn, Washington, has, after a review
of its needs for streets and right-of-ways in the vicinity of
8th Street NE, west of A Street NE
within the City of Auburn, Washington, determined that consideration should be given to
thevacation of the same, and
WHEREAS, a publichearing was held in connection withthepossiblevacation,
withnotice having been provided pursuant to statute, and
WHEREAS, the City Council of the City of Auburn, Washington, has considered all
matterspresented at the public hearing on the proposed vacation, heldon the 5th day of
December, 2011, at the Auburn City Council Chambers in Auburn, Washington
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows
Section 1 Vacation. That the right of way located at
8th Street NE, west of A
Street NE, withinthe City of Auburn, Washington, legally described in Exhibit "A" a copy of
which is attached hereto and incorporated herein by thisreference and as shown on the
Ordinance No 6381
November 16, 2011
Page 1 of 5
ORD.C
survey, a copy of which is attachedhereto, marked Exhibit "B" and incorporated herein by
thisreference, the same is hereby vacated and the property lying in said portion of right-of-
way described herein above, shallbereturned and belongto those personsentitled to
receivethe property in accordance with RCW 3579 040, conditioned upon thefollowing,
A. Reservation in favor of the City of a perpetual NonexclusiveEasement,
legally described in Exhibit "C", a copy of which is attached hereto and incorporated
herein by this reference and as shown on the survey, a copy of which is attached hereto,
marked Exhibit "D" and incorporatedherein by this reference under, over, through and
acrossthevacated right-of-way as described above for the purpose of laying,
maintaining, and installing future and existing waterfacilities, including a reservation in
favorof the City of the right to grant easements for utilities over, under and on the
vacated right-of-way as describedabove
The City 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 incurringany
legal obligation or liability therefore
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by theCity
The owners of the adjacent propertyagree and shall not in any way block, restrict
or impede access and egress toor from said EasementArea, and /or in any way block,
restrict or impede fulluse of the real propertywithinthe Easement Area by the City for
the above described purposes No building, wall, rockery, fence, trees, or structure of
Ordinance No 6381
November 16, 2011
Page 2 of 5
ORD.C
any kind shall be erected or planted, nor shall any fillmaterial be placed withinthe
boundaries of said Easement Area, without the express written consent of the City No
excavation shall be made within three feet of said facilities and the surface level of the
ground withinthe Easement Area shall be maintained at the elevation as currently
existing
This easement shall be a covenant runningwiththe adjacent property parcels
and burden said real estate, and shall be binding on thesuccessors, heirs and assigns
of all parties hereto
B Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to PugetSoundEnergy over, andupon the
vacated right-of-way for the operation, maintenance, repair, and removal of electric
distribution facilities existing on the effective date of the vacation until such time as all
such facilities are removed from the vacated right-of-way by Puget Sound Energy The
City Council finds that, in accordance with Section 10 1 of Ordinance 5766 (Puget
SoundEnergy Franchise, enacted June 16, 2003 and accepted July 22, 2003) that,
based on the proposed use of the vacated property by theadjoining property owner, the
grant of a permanent easement on behalf of Puget Sound Energy is impracticable
Upon removal of Puget SoundEnergy electricdistribution facilities existing on the
effective date of the vacation, the easement shall automatically be released The
owners of the adjacent property agreenot to erect any structures on said easement and
further agree not to placetrees or other obstructions on the easement that would
interfere with theexercise of Grantee's rights herein
Ordinance No 6381
November 16 2011
Page 3 of 5
ORD.C
C It is provided, however, that such reservedor granted utility and access
easements as set out in Paragraphs A and B above, may be modified toaccommodate
a removal, relocation and sitting of the affected utility lines ifthe City and theproperty
owners on whose propertythe utility lines arelocated agree to theremoval, relocations
and sitting being paid by said property owners and withtheremoval, relocation and
sitting being done in conformity with applicablestandards
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstance is held invalid, theremainder of the
Ordinanceor the application of the provisions to other persons or circumstances shallnot
be affected
Section 3. Implementation. The mayor is herebyauthorized to implement
such administrativeprocedures as may be necessary to carry out the directives of this
legislation
Section 4. Effective Date.ThisOrdinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law
Section 5. Recordation.The City Clerk is directed to record this Ordinance with
theoffice of the King County Auditor
Ordinance No 6381
November 16, 2011
Page 4 of 5
ORD.C
INTRODUCED
PASSED
APPROVED.
PETER B LEWIS
MAYOR
ATTEST
Danielle E. Daskam,
City Clerk
APPR• ED ASTO FORM
MJI
ere! B eid,
City Attorney
PUBLISHED.
Ordinance No 6381
November 16, 2011
Page 5 of 5
ORD.C
EXHIBIT A"
RIGHT-OF-WAYVACATION
LEGAL DESCRIPTION
THAT PORTION OF 8TH STREET N.E. BEING 30 FEET IN WIDTH,LYING NORTHERLY
OF ANDADJACENT TO LOT 9 BLOCK 10 NEW AUBURN ADDITION TO THE CITY OF
AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS,
PAGE 8,IN KING COUNTYWASHINGTON,AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING ATTHENORTHWESTCORNER OF SAID LOT 9.
THENCENORTH 00°31'29' EAST A DISTANCE OF 30.07 FEET TO THE NORTHWEST
CORNER OF SECTION 18,TOWNSHIP 21 NORTH,RANGE 5 EAST OF THE W.M.,AND
THE NORTHERLY LINE OFSAID 8TH STREET N.E.
THENCE NORTH 86°29'53' EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 146.51
FEET TOTHENORTHERLY EXTENSION OF THEWEST RIGHT-OF-WAY LINE OF A'
STREET N.E.
THENCE SOUTH 00°3129"WESTALONG SAIDLINE A DISTANCE OF 30.07 FEET TO
THE NORTHEAST CORNER OF SAID LOT 9.
THENCESOUTH 86°29'53' WEST ALONGTHE NORTH LINE THEREOF AND ALONG
THE SOUTHERLY LINEOFSAID 8TH STREET N.E.A DISTANCE OF 146.51 FEET TO THE
BEGINNING
CONTAINING 4 395.17 SQUARE FEET MOREOR LESS.
SUBJECT TO ANY/ALL EASEMENTS OF RECORD
PVIEN0
c dF 4 • '1
has ;
4fAt L/ 1:0
Ordinance No 6381
Exhibit A
November 16 2011
Page 1 of 1
ORD.C
EXHIBIT " B"
I N W CORNER SECTION 18 FRED MEYER STORESAUBURNNORTHIFOUNDCONCRETEMONUMENTAPN072105-9008ASSOCIATESLIMrINCASEW/ BRASS DISK & "X"
APN 122104-9027 1 (HELD AS PLAT MONUMENT)
12 17--- N86'29'53"E 176.58' (PLAT) T. _ _ - -
146 51'(CALC) 146.50'(PLAT) r\
30 07'
13 8
o 8TH' ST N.E o°
g. r 146 51' CALL 146 50' PLAT j
5 30 30'
RIGHT-OF-WAY
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sOrdinanceNo6381i
Exhibit B
November 16, 2011
Page 1 of 1
ORD.C
Exhibit "C"
WATER LINE EASEMENT
LEGALDESCRIPTION
AN EASEMENT FOR WATER LINE LYING OVER, UNDER AND ACROSSTHE NORTH
8 FEET OF THE FOLLOWINGDESCRIBEDPARCEL.
THAT PORTION OF 8TH STREET N.E. BEING 30FEET IN WIDTH,LYING NORTHERLY
OF AND ADJACENTTO LOT9,BLOCK 10, NEW AUBURN ADDITION TO THE CITYOF
AUBURN,ACCORDINGTO THE PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS,
PAGE 8,IN KING COUNTY,WASHINGTON,AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9;
THENCE NORTH 00°31'29"EAST A DISTANCE OF 30.07 FEET TO THE NORTHWEST
CORNER OF SECTION 18,TOWNSHIP 21 NORTH, RANGE 5 EAST OFTHE W.M.,AND
THE NORTHERLY LINE OF SAID8TH STREET N.E.,
THENCE NORTH 86°29'53"EAST ALONG SAID NORTHERLY LINE A DISTANCE OF146.51
FEET TOTHE NORTHERLY EXTENSIONOF THE WEST RIGHT-OF-WAY LINEOF"A"
STREET N.E.,
THENCE SOUTH 00°31'29"WEST ALONG SAID LINE A DISTANCE OF 30.07FEET TO
THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTH 86°29'53"WEST ALONG THE NORTH LINE THEREOF AND ALONG
THE SOUTHERLY LINEOF SAID 8TH STREET N.E.A DISTANCE OF146.51 FEET TO THE
BEGINNING.
0 VN 41i'.
11PP
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to zb to t
Ordinance No 6381
Exhibit C
November 16 2011
Page 1 of 1
ORD.C
Exhibit "D"
FREDMEYERSTORES
N.W CORNER SECTION 18 APN 072105-9008
FOUND CONCRETE MONUMENT
AUBURN NORTH I IN CASE W/ BRASS DISK & "X' EXISTING
ASSOCIATES LIM I (HELD AS PLAT MONUMENT) WATER LINE-
APN 122104-9027
N86'29'53"E 176.58' (PLAT)
12`7 W W
30.07'
3A18
146.51 C,gLC 146.50' PLAT
P. 8TH ST N.F.
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NEW AUBURN ADDITIONVOL. 44, PAGE 8
FOUND BRASS MONUMENT 1 I
FOUND CONCRETE MONUMENT W/ HOLE PUNCH (NO CASE) A_ I
W/ "X" DOWN 1.3' (NO CASE) INASPHALT DOWN 0.15'
HELD NORTH-SOUTH ALIGNMENT) MONUMENT IS O ...
0.36' OF CALCULATED tiV
POSITION. 0 4"
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SCALE: 1' =50' w y ` t,x NO
BASIS OF BEARINGS: 4 i
THE WEST UNE OF BLOCK 10, NEW AUBURN ADDITION TO THE a
CITY OF AUBURN, BEING NORTH 00'31'29" EAST PER THE c 7540,
PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS, PAGE 8,
IN KING COUNTY WASHINGTON.k -44 Lao
Ordinance No 6381
Exhibit D
0 7.O"
November 16 2011
Page 1 of 1
ORD.C
1 of 2
11/16/2011
PDFConvert.1845.1.V3-11_Staff_Report.docx
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.
9. Building – No comments.
10. Planning – No comments.
11. Fire – No comments.
ORD.C
2 of 2
11/16/2011
PDFConvert.1845.1.V3-11_Staff_Report.docx
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. Staff recommends that in accordance with Section 10.1 of Ordinance 5766 (Puget Sound Energy
Franchise, enacted June 16, 2003 and accepted July 22, 2003) that, based on the proposed use of the
vacated right-of-way that the granting of a permanent easement on behalf of Puget Sound Energy is
impracticable. An easement shall be reserved for the existing Puget Sound Energy electric distribution
facilities that are existing on the effective date of the vacation until such time as all such Puget Sound
Energy electric distribution facilities existing on the effective date of the vacation are removed from the
vacated right-of-way upon which the easement shall automatically be released.
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.
ORD.C
ORD.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6394
Date:
November 30, 2011
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6394 and Comprehensive
Plan/Map Amendments
Summary Matrix
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6394.
Background Summary:
See attached Agenda Bill.
O3.4.3, O3.4.4.2.9
Reviewed by Council Committees:
Finance, Planning And Community Development, Public Works Other: Planning
Commission, Legal
Councilmember:Norman Staff:Snyder
Meeting Date:December 5, 2011 Item Number:ORD.D
AUBURN * MORE THAN YOU IMAGINEDORD.D
AGENDA BILL APPROVAL FORM
Page 1 of 34
Agenda Subject
Ordinance No. 6394, CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments – Annual Map Amendments and
Policy/Text Amendments
Date: November 29, 2011
Department: Planning and
Development
Attachments:
Ordinance No. 6394
Amendment Summary Matrix
Separate working binder
Budget Impact: N/A
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6394
Background Summary:
The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to the
Washington State Growth Management Act (GMA) requirements, as amended. Since then the Auburn
Comprehensive Plan has been amended annually.
Comprehensive plan amendments can be initiated by the City of Auburn (city-initiated) and by private
citizens (privately-initiated). This year the city is initiating two map amendments and ten policy and text
amendments. In addition, this year the city received one privately-initiated plan map amendment and a
combined request for a map amendment and associated privately–initiated policy/text amendment.
This staff report and recommendation addresses all of the proposed amendments consisting of:
x Comprehensive Plan Map (CPM) Amendments CPM # 1 & CPM #2 (City initiated)
x Comprehensive Plan Map CPM #3 & CPM #4 (privately initiated - each separately)
x Policy/Text (P/T) Amendments P/T # 1 through # 10. (city initiated)
x Policy/Text Amendment P/T #11 (private initiated)
Comprehensive plan amendments are initially reviewed during a public hearing process before the City of
Auburn Planning Commission, who then provides a recommendation to the City Council for final action.
City Council consideration and action on the amendments will occur prior to the end of this year.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & Dev. Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Norman Staff: Snyder
Meeting Date: December 5, 2011 Item Number:
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 2 of 34
At its October 18, 2011 public hearing, the Planning Commission reviewed the following
amendments (Group #1):
x CPM#1 – City initiated Map Amendment for city-owned storm/flood ponds
x CPM#2 – City initiated Map Amendment for update to Natural Gas Map No. 6.2
x P/T #1 – Incorporate the Auburn School District Capital Facilities Plan
x P/T #2 – Incorporate the Dieringer School District Capital Facilities Plan
x P/T #3 – Incorporate the Federal Way School District Capital Facilities Plan
x P/T #4 – Incorporate the Kent School District Capital Facilities Plan
x P/T #5 - Incorporate the City’s Capital Facilities Plan
x P/T #6 – Revise Transportation Plan to recognize work of the Bicycle Task Force
x P/T #7 – Revise Comprehensive Stormwater Drainage Plan for Project 13 (A&B)
modeling
x P/T #8 – Update the previously provisionally approved NE Auburn/Robertson
Properties Special Area Plan
x P/T #9 – Seven various housekeeping changes
o Revise for target population numbers & census data
o Add new section on Climate change and greenhouse gas emissions –
o Recognize Economic Development Strategy Areas
o Comprehensive Plan Appendix B, Reports and Studies, Incorporate the
following documents: Downtown Urban Core Task Force Draft Final Report &
Bicycle Task Force End Report
o In Policy LU-15 change the reference to "street lights" in the description of
road improvements within the Residential Conservancy zoning district
o Clarify the term: "market factor" as used in this Buildable Lands Section
o Add policy statement to recognize support for and transition to alternatively
powered vehicles
x P/T #10 - Revise Chapters to emphasize manufacturing land uses in industrial areas
At its November 9, 2011 public hearing, the Planning Commission reviewed the following
amendments (Group #2):
x CPM#3 – Private initiated Map Amendment for Terrace View LLC, Change two
parcels from Light Commercial to Heavy Commercial
x CPM#4 – Private initiated Map Amendment for Segale Properties LLC, Expand
boundaries of the Stuck River Road Special Plan Area to include additional
ownership
x P/T #11 – Private initiated Policy/Text Amendment for Segale Properties LLC, to
revise purpose and description of the Stuck River Road Special Plan Area.
The Planning Commission has forwarded it recommendation to the City Council on all plan map
and policy/text Amendments. City Council consideration and action on the amendments is
required to occur prior to the end of this year.
The 2011 Comprehensive Plan Amendments were reviewed by the Planning and Community
Development Committee of the City Council on June 27, 2011, and November 14, 2011. The
Public Works Committee of the City Council reviewed the amendments at their November 21,
2011 meeting and requested that revisions to amendments P/T # 11 and P/T #6 be presented to
Planning and Community Development Committee. The Planning and Community
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 3 of 34
Development Committee at their November 28, 2011 meeting, forwarded Ordinance No. 6394
for action at the December 5, 2011 City Council meeting with the changes discussed by the
Public Works Committee and as presented by staff at the November 21, 2011 Planning and
Community Development Committee meeting.
A. Findings
1. RCW 36.70A.130 (Washington State Growth Management Act (GMA)) provides for
amendments to locally adopted GMA comprehensive plans. Except in limited circumstances
provided for in State law, comprehensive plan amendments shall be considered by the city
or county legislative body no more frequently than once per year.
2. The City of Auburn established a June 10, 2011 deadline for the submittal of privately-
initiated comprehensive plan applications (map or policy/text). Notice to the public of the
filing deadline was provided on the City’s website, the Seattle Times, and sent to a compiled
notification list. The City received one privately-initiated plan map amendment and a
privately–initiated combined policy/text and map amendment by the submittal deadline.
3. The City of Auburn received annual updates to the four school district capital facilities plans
whose districts occur within the City of Auburn. These capital facilities plans, as well as the
City’s Capital Facilities Plan are referenced in Chapter 5, Capital Facilities, of the Auburn
Comprehensive Plan and are processed as Policy/Text (P/T) amendments.
4. A Determination of Non-Significance was issued for the Terrace View Properties, LLC
Comprehensive Plan Map Amendment (CPA11-0001) under city file SEP11-0009 on
September 9, 2011. The comment period ended September 23, 2011 and the appeal period
ended October 7, 2010. No comments have been received or appeals filed.
5. A Determination of Non-Significance (DNS) was issued for the City-initiated Comprehensive
Plan Amendments (CPA11-0002 & CPA11-0003) on October 3, 2011 under City file #
SEP11-0021. The comment period ended October 17, 2011 and the appeal period ended
October 31, 2011. No comments have been received or appeals filed.
6. The Auburn School District issued a Determination of Non-Significance for the 2011 - 2017
Auburn School District Capital Facilities Plan April 22, 2011; the Dieringer School District
issued a Determination of Non- Significance for the 2012-2017 Dieringer School District
Capital Facilities Plan July 8, 2011; the Federal Way School District issued a Determination
of Non-Significance for the 2012 Federal Way School District Capital Facilities Plan April 23,
2011; and the Kent School District issued a Determination of Non-Significance for the 2011-
2012 through 2016-2017 Kent School District Capital Facilities Plan June 7, 2011.
7. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined for
CPM# 3 (CPA11-0001) were sent to the Washington State Office of Commerce, formerly the
Department of Community, Trade and Economic Development (CTED) and other state
agencies as required for the 60-day state review on September 9, 2011. The Washington
State Office of Commerce acknowledged receipt on September 14, 2011. No comments
have been received from Commerce or other state agencies.
8. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined for
CPM# 1, 2 and 4 and P/T #1 through #11 (CPA11-0002 and CPA11-0003) were sent to the
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 4 of 34
Washington State Office of Commerce, formerly the Department of Community, Trade and
Economic Development (CTED) and other state agencies as required for the 60-day state
review on October 3, 2011. The Washington State Office of Commerce by letter
acknowledged receipt on October 4, 2011. No comments have been received from
Commerce or other state agencies.
9. Due to the nature of the city-initiated map amendments and the city-initiated policy/text
changes and receipt of only one privately-initiated map amendment and one privately
initiated combined policy/text and map change, an optional process of a public open house
was not conducted.
10. The public hearing notice was published on October 7, 2011 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for October 18, 2011.
Notices of the hearing were posted at City Hall, City Hall Annex, Public Library and Post
Office.
11. The public hearing notice was published on October 28, 2011 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for November 9, 2011.
12. Public notice was also provided to property owners within 300 feet of the subject site and
the property was posted with a land use notice board that included the public hearing notice.
13. Auburn City Code Chapter 14.22 outlines the process for submittal of privately-initiated
amendments and the processing of comprehensive plan amendments as follows:
“Section 14.22.100
A. The planning commission shall hold at least one public hearing on all proposed
amendments to the comprehensive plan. Notice of such public hearing shall be given
pursuant to Chapter 1.27 ACC and, at a minimum, include the following:
1. For site-specific plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within a radius of 300 feet of the proposed map amendment request, not
less than 10 calendar days prior to the public hearing;
2. For area-wide plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within the area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the area
subject to the proposed amendment not less than 10 calendar days prior
to the date of the public hearing.
B. Notwithstanding the above, the director may expand the minimum noticing provisions
noted above as deemed necessary.
C. Planning Commission Recommendation. The planning commission shall conduct a
public hearing on all potential comprehensive plan amendments and shall make and
forward a recommendation on each to the city council. The planning commission
shall adopt written findings and make a recommendation consistent with those
findings to the city council.
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 5 of 34
D. The city council, if it elects to amend the comprehensive plan, shall adopt written
findings and adopt said amendments by ordinance.
E. State Review. All comprehensive plan amendments considered by the planning
commission shall be forwarded for state agency review consistent with RCW
36.70A.106.
F. Any appeal of an amendment to the comprehensive plan shall be made in
accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)”
14. On November 14, 2011, and again on November 28, 2011, the Planning and Community
Development Committee of the City Council reviewed the 2011 Comprehensive Plan
Amendments and the recommendations of the Planning Commission.
15. On November 21, 2011 the Public Works Committee of the City Council reviewed the 2011
Comprehensive Plan Amendments and the recommendations of the Planning Commission.
16. The following report identifies all the Comprehensive Plan Map (CPM) and Policy/Text (P/T)
amendments that were heard by the Planning Commission at their October 18, 2011 and
November 9, 2011 public hearings along with the original staff recommendation to the
Planning Commission and the subsequent Planning Commission recommendation.
--------------------------------------------------- OCTOBER 18, 2011 PLANNING COMMISSION
PUBLIC HEARING -----------------------------------------------------
CPM #1
Revise Map No 14.1, Comprehensive Plan, to change from Light Industrial to Public/Quasi –
Public, the designation of one city-owned parcel containing stormwater and compensatory
flood storage ponds constructed as mitigation for the S 277th Street roadway improvement
project.
Discussion
In 2002 the City of Auburn completed the reconstruction of east-west South 277th Street
roadway between Frontage Road NW (the north-south roadway; east of SR 167) and Auburn
Way North. The purpose of this reconstruction was to increase capacity and to provide grade
separation of the roadway over the Burlington Northern and Union Pacific Railroad lines. As
part of this reconstruction, the city undertook the construction of compensating flood storage
ponds and stormwater ponds on the south side of the road to manage the impacts and
increased runoff from filling and impervious surfaces from the project. Currently, the
comprehensive Plan designation of a parcel containing the flood storage and stormwater ponds
is partially “Light Industrial” and partially “Public Quasi-Public”. To accurately reflect the
encumbrance of the property with the city-owned flood storage and stormwater ponds, the
designation is proposed to be changed to only reflect: “Public Quasi-Public”. The map revision
would change one parcel from “Light Industrial” to “Public/Quasi–Public”, and smooth the
boundaries into a single unified shape. The parcel is identified as tax parcel number:
9360000184.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 6 of 34
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
CPM #2
Revise Map No. 6.2, Gas Pipelines, to update references and information shown.
Discussion
At the Planning and Community Development Committee meeting on October 25, 2010, the
Council members asked that the city update Comprehensive Plan Map 6.2, Natural Gas
Pipelines. A similar discussion was held at a subsequent Public Works Committee meeting.
The map requires updating since it shows a utility line that doesn’t exist and there is a line
shown in the legend that is not shown on the map. The Washington State Pipeline Atlas, King
County, Washington, Utilities and Transportation Commission, Pipeline Safety Program, 2010
Edition, was consulted for revisions. Also, Puget Sound Energy was contacted for information
on the location of their major transmission lines within the City. The map was revised in
response to these information sources.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
P/T #1
Incorporate Auburn School District Capital Facilities Plan 2011 through 2017, adopted May 9,
2011 into the City of Auburn Comprehensive Plan.
Discussion
The Auburn School District has provided the City with its annually updated Capital Facilities
Plan (CFP) covering from 2011-2017. The CFP was adopted by the Auburn School District
School Board on May 9, 2011 and has been subject to separate SEPA review and a
Determination of Non-Significance (DNS). Information contained in the School District CFP
serves as the basis for the City’s collection of school impact fees on behalf of the school district.
The Planning Commission recommendation is incorporation of the Auburn School District
Capital Facilities Plan into the City’s Comprehensive Plan.
A review of the Auburn School District’s updated Capital Facilities Plan indicates the District
is requesting a change in the fee obligations. The fee obligation for single-family dwellings
is proposed to be $5,557.30, an increase of $290.97 and for multi-family dwellings a fee of
$2,305.22, an increase of $787.00. The actual impact fee that is assessed is set by
ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 7 of 34
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
P/T#2
Incorporate the Dieringer School District Capital Facilities Plan 2012-2017 adopted July 25,
2011 as part of the Auburn Comprehensive Plan.
Discussion
The Dieringer School District has provided the City with its annually updated Capital Facilities
Plan 2012-2017. The CFP was adopted by the Dieringer School District Board of Directors on
July 25, 2011. The CFP has been subject to separate SEPA review and a DNS. Information
contained in the School District CFP serves as the basis for the City’s collection of school
impact fees on behalf of the school district.
A review of the Dieringer School District’s updated Capital Facilities Plan indicates the net
fee obligation of single-family dwellings of $5,681.00 and a negative net fee obligation of
$1,304.00 for multiple family dwellings. While the district was not requesting a change from
last year’s fees of $3,005. for single family residential and $0 for multiple family residential.
The city received a request on 11-28-11 to return to the historic fee of $3,500 for single
family residential. The actual impact fee assessed is set by ordinance by the Auburn City
Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
P/T #3
Incorporate Federal Way School District Capital Facilities Plan 2012 adopted June 14, 2011
by the Federal Way School Board into the City Comprehensive Plan.
Discussion
The Federal Way School District has provided the City with its annually updated Capital
Facilities Plan (2012). The CFP was adopted by the Federal Way School District School Board
on June 14, 2011. The CFP has been subject to separate SEPA review and a DNS. Information
contained in the School District CFP serves as the basis for the City’s collection of school
impact fees on behalf of the school district.
A review of the Federal Way School District’s updated Capital Facilities Plan indicates the
District is requesting a change in the fee obligations. The net fee obligation for single-family
dwellings is $4,014.00, representing no change and for multi-family dwellings is $1,253, a
decrease of $919.00. The actual impact fee assessed is set by ordinance by the Auburn
City Council.
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 8 of 34
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
P/T #4
Incorporate Kent School District Capital Facilities Plan 2011-2012 to 2016-2017 adopted June
22, 2011 into the City of Auburn Comprehensive Plan.
Discussion
The Kent School District has provided its annually updated 2011-2012 to 2016-2017 Capital
Facilities Plan. The CFP was adopted by the Kent School District School Board on June 22,
2011 and has been subject to separate SEPA review and a Determination of Non Significance
(DNS). Information contained in the School District CFP serves as the basis for the City’s
collection of school impact fees on behalf of the school district. The Planning Commission action
is incorporation of the Kent School District Capital Facilities Plan into the City’s Comprehensive
Plan.
A review of the Kent School District’s updated Capital Facilities Plan indicates the District is
not requesting a change in the fee obligations. The Plan indicates the net fee obligation for
single-family dwellings of $5,486.00, representing no change, and for multi-family dwellings
a fee of $3,378.00, also representing no change. The actual impact fee that is assessed is
set by ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
CPM #5
Incorporate the City of Auburn’s 6-year Capital Facilities Plan 2012-2017, into the City’s
Comprehensive Plan.
Discussion
A Capital Facilities Plan is one of the comprehensive plan elements required by the Washington
State Growth Management Act (GMA) (RCW 36.70A). The GMA requires that a capital facilities
plan include an inventory of existing capital facilities (showing locations and capacities), a
forecast of future needs for such capital facilities, proposed locations and capacities of new or
expanded capital facilities, and a minimum of a six-year plan to finance capital facilities with
identified sources of funding. The proposed City of Auburn 6-year Capital Facilities Plan 2012-
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 9 of 34
2017 satisfies the GMA requirements for a capital facilities element as part of the
Comprehensive Plan.
Each comprehensive plan prepared under the GMA must include a capital facilities plan
element. RCW 36.70A.070(3) of the GMA states the following:
A capital facilities plan element consisting of:
(a) An inventory of existing capital facilities owned by public entities, showing the
locations and capacities of the capital facilities;
(b) a forecast of the future needs of such capital facilities;
(c) the proposed locations and capacities of expanded or new capital facilities;
(d) at least a six-year plan that will finance such capital facilities within projected funding
capacities and clearly identifies sources of public money for such purposes; and
(e)a requirement to reassess the land use element if probable funding falls short of
meeting existing needs and to ensure that the land use element, capital facilities plan
element, and financing plan within the capital facilities plan element are coordinated and
consistent. Park and recreation facilities shall be included in the capital facilities plan
element.
A capital facility is a structure, street or utility system improvement, or other long-lasting major
asset, including land. Capital facilities are provided for public purposes. Capital facilities include,
but are not limited to, the following: streets, roads, highways, sidewalks, street and road lighting
systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and
recreation facilities, and police and fire protection facilities. These capital facilities include
necessary ancillary and support facilities.
The proposed City of Auburn 6-year Capital Facilities Plan 2012-2017 is incorporated by
reference in the Comprehensive Plan, Chapter 5, Capital Facilities.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC recommends approval to the City Council with the following addition to the following
addition.
The following goal and policies be added to Chapter 2, “Goals and Policies” at
page 13.
“Goal 5 Provide public facilities that provide a sense of community that
is inclusive of diverse populations.
Policy 5.1 Contribute to community pride and foster a sense of community
through provision of public facilities that create a community
gathering place for neighbors, family and friends.
Policy 5.2 Through provision of public facilities offer a broad range of activities
promoting social interactions especially with new residents.
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 10 of 34
Policy 5.3 Provide maximum flexibility and multiple uses through design of
public facilities that are adaptable to changing interests.
Policy 5.4 Provide a community center facility that is financially feasible,
affordable for participants, and can generate revenue to offset a
portion of the operating costs.”
CPM #6
Revise the separate Comprehensive Transportation Plan to incorporate the work of the
Bicycle Task Force
Discussion
The Comprehensive Transportation Plan is a separate document that is incorporated by
reference into the City’s Comprehensive Plan. The 2009 Comprehensive Plan contained
substantive updates to the City’s non-motorized transportation elements including bicycle travel.
In response to Council and community interest in bicycling issues and opportunities, Mayor
Lewis formed the City of Auburn Bicycle Task Force in March 2010. Mayor Lewis charged the
Task Force to develop recommendations on bicycle facilities, issues and opportunities centered
on the principles of connections among and between the community, recreation and economic
development.
The Bicycle Task Force was comprised of 12 individuals plus representatives from Auburn
School District, Green River Community College and Cascade Bicycle Club that were invited to
be part of Task Force. The Chair was Terry Davis and the Vice Chair was John Calnan who is a
member of the City’s Transportation, Trails and Transit Committee. The Task Force met a total
of 14 times between April 2010 and November 2010 including a 3 hour community tour on
Saturday, July 24, 2010 and a joint meeting with Auburn Tourism Board and Auburn Downtown
Association on August 12, 2010. The Committee worked on a variety of issues including
mapping of bicycle facilities and identification of bicycle related projects and priorities.
At the City Council’s Committee of the Whole meeting on November 29, 3010, Chair Davis
presented the Task Force’s recommendations to the City Council. As a result of the Council
support of these recommendations staff has prepared updates to relevant chapters of the
Comprehensive Transportation Plan that incorporated these recommendations.
The Bicycle Task Force’s recommendations are divided into short-term recommendations and
long-term recommendations as follows:
Short-Term Recommendations:
x Use Sharrows 1 /Share The Road Signage in residential and some non-residential areas of
City.
x Implement a Pilot Program Concept for Sharrows/Share the Road consisting of:
o 18-24 month program period
o Pre-established performance measurements
1Sharrows also known as shared lane markings, are on-street legends that reinforce the existing rules
of the road. They are not separate bike lanes: a motorist can still drive over the sharrows. Motorists
should expect to see and share the lane with bicyclists. Sharrows indicate to bicyclists the best place
to ride in the lane. Sharrows are typically used in locations where the roadway width is not adequate
to provide dedicated bike facilities or on downhill lanes where bicyclists might travel a similar speed as
motor vehicles.
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 11 of 34
o Pre-established reporting protocols
o Future policy consideration opportunity for City Council
x Continue installation of bike lanes in parts of City where there is existing/adequate right-of-
way.
x Develop Auburn specific bicycle signage program to highlight corridors, connectors and in-
city/out of city destinations.
x Make improvements to existing Interurban Trail – signage, pavement conditions, vegetation
maintenance, grade crossings, and upgrades to user facilities at Main Street crossing.
Long-Term Recommendations:
x Develop capital improvement program project with cost estimate for design and construction
of bicycle/pedestrian bridge at southern terminus of M St. west of existing Stuck River
Vehicle Bridge.
x Develop capital improvement program project with cost estimate for design and construction
of innovative and safe pedestrian/bicycle crossing at M St./Auburn Way South intersection.
x Install one or more bike boxes 2 through “pilot program” approach to test effectiveness and
public response – possible locations West Main Street/C Street intersection, M
Street/Auburn Way South intersection, Ellingson Rd/A Street intersection.
x Install bicycle/pedestrian crossing warning systems along Interurban Trail at all crossing
locations including 277th Street, 37th St. NW, West Main St. and 15th St. SW.
x Develop an official Auburn Bike Map
In addition, the Task Force presented the City Council with bicycle oriented economic
development recommendations including:
Develop the Sounder Station as “starting point” for bike club rides.
Rally the Auburn Downtown Association and Auburn Tourism Board to develop business
support for bicycle riders/create bike-friendly businesses.
Create the perception of Auburn as “Bicycle City of South King County”.
Use social media to advertise Auburn as a bicycle friendly community.
Connect with different types bicycle organizations about bicycling opportunities in Auburn.
Establish an annual bike event in Auburn similar to Redmond Criterium and Enumclaw Days
that offer bike awareness and other events such as time trials, road races and multiple
terrain racing.
Develop an annual road race on Auburn streets; work with promoters to have different levels
of road racing to appeal to multiple types of riders.
Tie in with bicycle racing events at Pacific Raceway such as weekly criterium races,
mountain biking and Cyclocross.
2 Bike Boxes are a traffic control device at signalized intersections that require motorists to stop a
short distance before the crosswalk and allow bicyclists to stop in the area between the cars and the
crosswalk. Bicycle boxes give bicyclists priority by allowing them to go to the head of the line
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 12 of 34
In concert with these recommendations, a new map referred to as Figure 3-5 is proposed to be
incorporated into the Comprehensive Transportation Plan. This map specifies a bicycle system
composed of key north/south corridors and east/west connectors.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council however, excluding the long-
term recommendation for implementing a pilot program of bike boxes. The effect is removing
narrative #3, page 3-11 and policy TR-146, page 5-19 of the Comprehensive Transportation
Plan.
PCDC Recommendation
PCDC recommends approval to the City Council retaining the original staff proposed language
which includes the long-term recommendation for implementing a pilot program of bike boxes.
P/T #7
Revise the separate document: Comprehensive Drainage Plan (CDP) to Revise Plan Project
Number 13 (A&B), Flooding of 30th Street NE.
Discussion
Revise the separate document: Comprehensive Drainage Plan (CDP) to Revise Plan Project
Number 13 (A&B), Flooding of 30th Street NE. The Comprehensive Drainage Plan is a
separate document that is incorporated by reference in the City’s Comprehensive Plan at
Chapter 5, Capital Facilities. The 2009 Comprehensive Drainage Plan recognized that
additional modeling of the Project Number 13 (A&B), flooding of 30th Street NE needed to be
conducted to determine the appropriate method of addressing flooding problems within this
drainage basin. The City has completed the modeling and has proposed to revise the following
portions of the plan to include the results and recommendation of this modeling effort. The
following sections are proposed to be revised:
Executive Summary, Table ES-2, pg ES-9;
Chapter 6, Capital Improvements, pg 6-19 thru 6-20;
Chapter 7, Implementation Plan, pg 7-2 thru 7-4 &
Implementation Plan Timeline; & Chapter 8, Financial Plan, pg 8-7 thru 8-9,
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 13 of 34
P/T #8
Update the previous conditionally-approved Northeast Auburn/Robertson Properties Special
Area Plan (Approved by City Council Ordinance No. 6183) – Referenced within Chapter 14,
Comprehensive Plan Map
Discussion
This policy text amendment is to update the previous conditionally-approved Northeast
Auburn/Robertson Properties Special Area Plan that was provisionally approved by the City
Council by Ordinance No. 6183 in 2008. This Special Area Plan is incorporated by reference
within Chapter 14, Comprehensive Plan Map. Chapter 14 of the City’s Comprehensive Plan
identifies the Northeast Auburn Special Plan Area that covers properties east of Auburn Way
North, west of the extension of I ST NE, south of 277th ST and north of approximately 45th ST
NE. This Plan is proposed to be updated prior to the end of this year as part of the City’s 2011
Annual Comprehensive Plan docket to reflect the current development plans and environmental
documentation for the Auburn Gateway Project. More specifically, the plan is being revised for
the following reasons:
x Impacts of the acquisition and development of an additional 11 acres by Robertson
Properties Group (RPG) subsequent to the original EIS;
x RPG’s determination to conduct phased project development in two phases that could be
developed independently or jointly; and,
x Changes in city regulations and development standards such as:
o The city’s adoption of new floodplain regulations may affect the proposal. Unless
future project is otherwise exempt under the provision of ACC 15.68.130, the project
is located in a Special Flood Hazard Area (SFHA) and Riparian Habitat Zone (RHZ)
and would be required to obtain a City of Auburn Floodplain Development Permit,
including the submittal of a habitat impact assessment report;
o City adoption of a critical areas ordinance;
o Changes in Comprehensive Plan transportation policies; and
x Changes in external circumstances over the intervening period of time including the
completion of the Port of Seattle’s adjacent wetland mitigation property construction, the
completion of the Trail Run Plat and the completion of Monterey Park Plat and associated I
Street NE extension)
The proposed changes are shown in the original document with strike through and underline to
indicate revisions.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 14 of 34
P/T #9 - VARIOUS (seven miscellaneous amendments)
Item 9-A
Revise for target population numbers & census data - Chapter 3, Land Use; Chapter 4, Housing
and Chapter 8, Economic Development
Discussion
The City is proposing to revise the text of three chapters (Chapters 3, 4 & 8) and two figures
within these chapters (Figure 4.5 and Figure 8.1) of the Comprehensive Plan to update the
changes in city population as reported by U.S. Census Bureau (American Community Survey)
and population target data.
In 1997 the Washington State legislature adopted a Buildable Lands amendment to the Growth
Management Act (GMA) (RCW 36.70A.215). The amendment requires certain Washington
State counties and their cities to determine the amount of land suitable for urban development
and to evaluate their capacity for growth based on past development history.
Both Pierce and King Counties are subject to the State Buildable Lands requirement. In
addition, both counties use the Buildable Lands effort to assist in the allocation of
population/housing unit/employment targets to individual jurisdictions within the respective
counties as required by the GMA. The first buildable lands reports were based upon data
through 2002; the second reports, published in 2007, are current through 2005. The next
scheduled update is 2012. In between the required reporting time periods the
population/housing unit/employment targets are estimated.
The Buildable Lands analysis involves the identification of vacant and redevelopable land
suitable for development over the planning horizon, generally 20 years. Land suitability takes
into consideration estimates of how critical areas, land that might be needed for public purposes
(e.g. parks, storm drainage), and land needed for future streets will effect development of these
vacant and redevelopable parcels.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
Item 9-B
Add new section on Climate change and greenhouse gas emissions - Chapter 9, Environment,
Objective 18.6 - Energy Efficiency
Discussion
In 2009, the City Council adopted Resolution No. 4477 resolving to join ICLEI – Local
Governments for Sustainability (ICLEI- acronyms intentionally don’t match) and pledging that
the City of Auburn would undertake ICLEI’s five milestones approach to reduce greenhouse gas
and air pollution emissions. In 2010, the City completed an inventory of both municipal and
community greenhouse gas emissions using a 2008 base year. The inventory, entitled
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 15 of 34
Greenhouse Gas Inventory for the City of Auburn, Washington, included base year estimates of
greenhouse gas emissions and emissions forecasts for years 2015 and 2020. In 2010, the
inventory was adopted as a policy background document for the City of Auburn Comprehensive
Plan (see Comprehensive Plan Appendix B). To build on this policy direction, the City is
proposing to add four policies to Chapter 9, Environment and also proposes to move the City’s
existing objective and five policies related to air quality (Objective 18.2 and policies EN-18
through EN-22) to this section.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
Item 9-C
Recognize Economic Development Strategy Areas - Chapter 3, Land Use, Chapter 8, Economic
Development, pages, Chapter 14, Comprehensive Plan Map
Discussion
The City is proposing to revise the text of three chapters of the Comprehensive Plan to
recognize additional economic strategy areas.
In 2005 the city convened a focus group of business and community interests to identify
economic development opportunities within the city. The results of these efforts were
documented in the Economic Development Strategies document. It identified approaches and
actions associated with six specific areas of the city. During the 2011 city council retreat, two
additional areas of the city were identified as additions to the 2005 Economic Development
Strategies documents’ six strategy areas. These eight economic development strategy areas
are targeted for population and employment growth to meet the City’s 20-year (2031) growth
target. The retreat also recommended sub-area plans should be developed for these strategy
areas. The economic development strategy areas are as follows:
x Auburn Way North Corridor
x Auburn Way South Corridor
x Urban Center
x Auburn Environmental Park and Green Zone
x 15th Street SW/C Street SW/West Valley Highway/Supermall
x A Street SE Corridor
x SE 312th Street/124th Avenue SE Corridor
x M Street SE between Auburn Way North and Auburn South
The proposed policy changes generally add language to recognize the addition of the new
economic strategy areas.
Staff Recommendation
Planning Commission to recommend approval to the City Council
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 16 of 34
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
Item 9-D
Comprehensive Plan Appendix B, Reports and Studies, Incorporate the following documents:
Downtown Urban Core Task Force Draft Final Report & Bicycle Task Force End Report
Discussion
Appendix B of the City’s Comprehensive Plan document lists and summarizes reports that have
been prepared or available as background to the Comprehensive Plan. The general objective
of these proposed policy/text amendments is to update and increase the consistency of the
Comprehensive Plan. A summary of the Downtown Urban Core Task Force Draft Final Report
& Bicycle Task Force End Report (a power point presentation) is proposed to be summarized.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
Item 9-E
In Policy LU-15 change the reference to "street lights" in the description of road improvements
within the Residential Conservancy zoning district, Chapter 3, Land Use, Goal 7 - Residential
Development
Discussion
At the December 13, 2010 Planning and Community Development Committee (PCDC) meeting
of the city council, during the discussion of 2010 annual comprehensive plan amendments, the
council members asked that the following change be identified for a future amendment. It was
noted that there are street lights with Residential Conservancy designated areas of the city; so
to say that there are none is the document currently does is inaccurate. The provision of street
lights was compared to the City’s Public Works Design Standards. The Design Standards
provide that street lights are only required at street intersections so the policy statement is being
revised to agree.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 17 of 34
Item 9-F
Clarify the term: "market factor" as used in this Buildable Lands Section, Chapter 3, Land Use,
Buildable Lands - Land Supply and Development Capacity
Discussion
At the October 25, 2010 Planning and Community Development Committee (PCDC) meeting of
the city council, during the discussion of 2010 annual comprehensive plan amendments the
council members asked that an explanation of “market factor” be added to the text in the future.
In this context “market factor” is used to adjust the amount of vacant and redevelopable land
that is not reasonably expected to become available during the planning horizon.
Comprehensive Plan, Chapter 3, Land Use, page 3-3, under the section heading of: “Buildable
Lands – Land Supply and Development Capacity” is being changed to add further explanation.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
Item 9-G
Add policy statement to recognize support for and transition to alternatively powered vehicles
Chapter 9, Environment, Objective 18.6, Energy Efficiency
Discussion
As part of last year’s amendments, a new policy EN-41.A was added to Objective 18.6 (Within
Chapter 9, The Environment) to provide policy support for future change in development
regulations in response to House Bill 1481 adopted in April 2009, to encourage the transition to
electric vehicle use. At the Planning and Community Development Committee (PCDC) meeting
of the city council, during the discussion of 2010 annual comprehensive plan amendments the
council members asked that the policy be modified in the future to recognize other alternative
forms of power for vehicles.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
P/T #10
Revise discussion and/or policies to emphasize manufacturing land uses in industrial zones
Chapter 3, Land Use; Chapter 8, Economic Development; Chapter 14, Comprehensive Plan
Map
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 18 of 34
Discussion
The Washington State Legislature passed Substitute Senate Bill 5089 on March 22, 2007 that
became effective on July 1, 2008 that changed Washington’s sales tax collection system from
an origin-based system for local retail sales tax to a destination-based system. Previously,
Washington retailers collected local sales tax based on the jurisdiction from which a product
was shipped or delivered - the "origin" of the sale. Presently, they must collect based on the
destination of the shipment or delivery - the "destination" of the sale. Destination-based sales
tax applies only to businesses that ship or deliver the goods they sell to locations within
Washington. Under the destination based system, if a retailer delivers or ships merchandise to a
buyer in Washington State, the sales tax is collected based on the rate at the location where the
buyer receives or takes possession of the merchandise. The destination based system has
shifted the distribution of local sales tax around the state. As a result of this legislation, the City
of Auburn has experienced a net loss in sales tax revenue totaling approximately $2 million
annually due to the large presence of warehousing and distribution uses in the City. While the
City has been a recipient of sales tax mitigation payments from the State of Washington that
has served to offset these losses, the continued availability of these payments is not certain due
to current and future State budget issues
In November 2004, the City Council approved Resolution No. 3782 that outlines an approach
and actions the City will take related to land use planning, zoning and other matters in the event
a streamlined sales tax proposal or other similar proposals that change the tax structure are
adopted. Included in this resolution is direction to consider amendments to the comprehensive
plan and zoning codes to reevaluate the existing industrial land use designations and patterns in
the City.
To ensure the City’s long-term ability to invest in public infrastructure and services remains
viable, the City must pursue implementation of policies that incentivize the transition of current
and future land uses in its industrial zones away from distribution and warehouse uses. The City
believes that manufacturing and industrial land uses should over time largely replace
warehouse and distribution land uses currently existing in the City and that any future
warehouse and distribution uses should be ancillary to and necessary for the conduct of
manufacturing and industrial uses. Manufacturing and industrial uses are more appropriate and
beneficial through higher and better use of the land, enhanced employment densities, increased
property tax revenues and potential on-site sales tax revenue generation for receipt of materials
and other goods and services. In addition, the City believes that policies that promote and
incentivize greater retail uses in industrial districts should be implemented to increase the City’s
overall base of retail uses thereby increasing the City’s overall collection of sales tax revenue.
Text amendments to Chapters 3 (Land Use), 8 (Economic Development) and 14
(Comprehensive Plan Map) of the Comprehensive Plan have been prepared to create a policy
foundation for the promotion and incentivization of manufacturing and industrial uses in
industrial zoning districts to increase the overall diversity and number of these uses in the City
of Auburn. In addition, text amendments that support the increased allowance of retail uses in
the City’s industrial zoning districts have been prepared. These amendments would create a
policy framework to support changes in the City’s zoning code that would lead to greater use
flexibility for these uses in industrial zoning districts, thereby assisting in increasing the City’s
overall retail base and its collection of associated sales tax revenue.
Staff Recommendation
Planning Commission to recommend approval to the City Council
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 19 of 34
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
-------------------------------------------------- NOVEMBER 9, 2011 PLANNING COMMISSION
PUBLIC HEARING -----------------------------------------------
CPM #3
1. The applicant submitted a comprehensive plan map amendment application on June 9,
2011 by the submittal deadline of June 10, 2011. The comprehensive plan map amendment
application seeks to change the mapped land use designation for two parcels shown on
Map No 14.1, titled Comprehensive Plan.
2. The application was submitted by Jon Cheetham, Managing Member of Terrace View
Properties, LLC on behalf of the limited liability corporation, applicant.
3. In addition to the Comprehensive Plan map Amendment, the applicant submitted an
environmental checklist application.
4. The application seeks to change the comprehensive plan land use designation for two
parcels located on the east side of A Street SE (a.k.a. East Valley Highway) from “Light
Commercial” to “Heavy Commercial”. The parcels are identified as tax parcels: 3121059056
and 31221059010 and together contain approximately 2.22 acres. The properties are
identified as being located at the address of 5680 A Street SE.
5. The two parcels have been previously cleared and developed. The majority of the area is
graveled and the southern parcel contains a mobile home/office that appears vacant.
6. The adjacent street, A Street SE is designated a principal arterial street in the city’s
Comprehensive Transportation plan.
7. The property is located within the King County portion of the City of Auburn. It was annexed
to City in 1962 by Ordinance No. 1492 and was originally zoned UNCL, unclassified which
assumes an R1, Single Family Residential standard (referring to the former code
designation system). The properties were subsequently changed to R2, Single Family
Residential (referring to the former code designation system) in 1987 and then subsequently
changed to C1, Light Commercial.
8. The current Comprehensive Plan designation, zoning designation and land uses of the site
and surrounding properties are as follows:
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
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Policy/Text Amendments
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Comprehensive Plan Zoning
Land Use
Site
Light Commercial C1, Light Commercial
Vacant with mobile
home/office
North
Light Commercial C1, Light Commercial
Single family residential
South
Light Commercial C1, Light Commercial
Construction
Contractor’s yard in
Pierce Co. portion of
Auburn
East
Moderate Density
Residential
R-7 (Residential 7
du/acre)
Undeveloped forested
hillside
West
City limit boundary
and in
Pacific City limits,
designated “Open Space”
West of A Street SE &
Burlington North
Railroad line designated
“Open space” in the city
of Pacific.
A Street SE and
Burlington Northern
railroad line within city
limits and vacant beyond
city limits
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 21 of 34
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Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
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9. The purpose of the comprehensive Plan is to provide a policy basis for the future zoning
changes to ensure that the Comprehensive plan and Zoning Ordinance are consistent as
required by the following city code section:
“ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with the
comprehensive plan. “
10. The City code provides certain criteria for decisions for comprehensive plan amendments as
follows:
“ACC 14.22.110 Decision criteria for plan amendments.
A. The comprehensive plan was developed and adopted after significant
study and public participation. The principles, goals, objectives and policies
contained therein shall be granted substantial weight when considering a
proposed amendment. Therefore, the burden of proof for justifying a proposed
amendment rests with the applicant, who must demonstrate that the request
complies with and/or relates to the following decision criteria:
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain internally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based are found to
be invalid;
4. A determination of change or lack of change in conditions or
circumstances has occurred since the adoption of the latest amendment to the
specific section of the comprehensive plan that dictates the need for a proposed
amendment;
5. If applicable, a determination that a question of consistency exists
between the comprehensive plan and Chapter 36.70A RCW, the countywide
planning policies for either King and/or Pierce County, as appropriate, and Vision
2040: Growth and Transportation Strategy for the Puget Sound Region.”
11. The first criterion is that the change must further and be consistent with the goals
and objectives of the plan and the plan will remain internally consistent. The
Comprehensive Plan contains a number of areas of policy guidance that relate to this
application. Chapter 14, Comprehensive Plan Map, starting at page 14-10 provides the
following purpose and description of the ‘Light Commercial’ Comprehensive Plan
designation:
“Purpose: To create people oriented commercial areas to supply a wide range of
general commercial services to area residents.”
“Description: This category represents the prime commercial designation for small to
moderate scale commercial activities. These commercial areas should be developed in
a manner which is consistent with and attracts pedestrian oriented activities. The
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 23 of 34
ambiance of such areas should encourage leisure shopping and should provide
amenities conducive to attracting shoppers.”
“Compatible Uses: A wide range of consumer oriented goods and services are
compatible within this designation since the emphasis would be on performance criteria
which create an attractive shopping environment. However, uses which rely on direct
access by vehicles or involve heavy truck traffic (other than for merchandise
delivery) are not appropriate in this category. Unsightly outdoor storage and similar
activities should be prohibited. Permitted uses would consist of retail trade, offices,
personal services, indoor eating establishments, financial institutions, governmental
offices, and similar uses. Multiple family dwellings should be encouraged as part of
mixed-use developments where they do not interfere with the shopping character of the
area, such as within the upper stories of buildings. Since taverns can break up the
continuity of people oriented areas, taverns would be permitted generally only as a
conditional use. Drive in windows should only be allowed as ancillary to a permitted use,
and only when carefully sited under the conditional use permit process in order to ensure
that an area's pedestrian environment is not seriously affected.” (Emphasis added)
“Criteria for Designation: This designation should include moderate sized shopping
centers, and centrally located shopping areas. This designation should be preferred for
commercial sites where visual and pedestrian amenities are an important concern
outside of the downtown.”
“Considerations Against Applying this Designation: Commercial areas which
cannot be readily separated from high traffic volumes (such as shallow lots along
busy arterials) should not be included in this designation. Areas not large enough
for separation from any adjacent heavier commercial or industrial area should not be
designated as light commercial. (emphasis added)”
“Appropriate Implementation: This designation is implemented by the C-1 Light
Commercial District. This district provides for a wide range of small and moderate scale
commercial oriented towards the leisure shopper and pedestrian oriented activities.”
12. For comparison, Chapter 14, Comprehensive Plan Map, starting at page 14-12 provides the
following purpose and description of the ‘Heavy Commercial’ Comprehensive Plan
designation:
“Purpose: To provide automobile oriented commercial areas to meet both the
local and regional need for such services.”
“Description: This category is intended to accommodate uses which are oriented to
automobiles either as the mode or target of providing the commercial service. The
category would also accommodate a wide range of heavier commercial uses involving
extensive storage or heavy vehicular movement.”
“Compatible Uses: A wide variety of commercial services oriented to automobiles are
appropriate within this category. This includes automobile sales and service, drive in
restaurant or other drive in commercial business, convenience stores, etc. Since these
uses are also compatible with heavier commercial uses, lumber yards, small scale
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
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warehousing, contractor yards and similar heavy commercial uses are appropriate in this
designation.”
“Criteria for Designation: This designation should only be applied to areas which
are highly accessible to automobiles along major arterials. Generally this
category would characterize commercial strips. This zone is appropriate for the
intersections of heavily traveled arterials, even if adjacent sites are best suited for
another commercial designation.” (emphasis added)
“Considerations Against Applying this Designation: Areas which conflict with single
family residential areas or areas more suited for other uses. Whenever possible this
category should be separated from all uses by extensive buffering.”
“Appropriate Implementation: This category is implemented by the C-3 Heavy
Commercial District.”
13. Also, later in Chapter 3, Land Use, the document describes the purpose of the commercial
land use designations of the plan. The comprehensive plan provides the following guidance
on commercial uses located along transportation corridors:
“Highway Commercial
“While commercial uses along arterials (often called "strip commercial" development)
provide important services to community residents, the proliferation of commercial uses
along arterials raises several land use planning issues. On the negative side, strip
commercial development creates traffic flow problems and conflict with adjacent land
uses. Due to their "linear" nature, commercial strips result in a maximum area of contact
between commercial uses and other land uses resulting in a high potential for land use
conflicts. Poor visual character due to excessive signage and architectural styles
designed to attract attention instead of promoting a sense of community is an additional
concern. Pedestrian shopping is made difficult, resulting in greater generation of
automobile traffic, and large fields of asphalt parking lots are needed to accommodate
single purpose vehicle trips.”
“Despite the problems associated with commercial development along arterials, many
such locations are often quite unsuitable for other uses, due to the impacts associated
with heavy traffic volumes. Also, many commercial uses thrive at such locations due to
high visibility and accessibility. The Plan seeks to manage existing arterial commercial
areas to take advantage of the accessibility they provide, while minimizing traffic and
land use conflicts and improving their visual appearance through an enhanced design
review process and development standards.”
“Objective 9.3. To encourage the appropriate use of areas adjacent to heavily traveled
arterials while minimizing land use and traffic conflicts by:
x “Managing the continued commercial development of existing commercial arterials in
a manner which minimizes traffic and land use conflicts.”
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
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x “Conserving residential qualities along heavily traveled arterials which are not yet
commercialized, by restricting commercial development to types which provide an
appropriate buffer.”
x “Protecting existing, viable residential areas along lesser-traveled arterials, from
commercial development.”
The following excerpted policies relate to this discussion of commercial uses located
along transportation corridors.
“Policies:
“LU-58 The City shall identify those existing commercial arterials that are
appropriate for continued general (heavy) commercial development,
and those arterials that are appropriate for continued or future limited
(i.e. professional office type) commercial development.” (emphasis
added)
“LU-60 The City shall encourage the grouping of individual commercial enterprises
along commercial arterials to promote the sharing of parking areas, access
drives and signs. Such grouping can be encouraged through land division
regulations, sign regulations and development standards.”
“LU-62 Arterials experiencing strong pressure for commercial development,
but not yet committed to general (heavy) commercial uses, shall be
designated for mixed light commercial and moderate density multi-
family uses. Development regulations should encourage the
development of professional office and similar uses and small scale
multiple family housing, with development and design standards
carefully drawn to ensure preservation of a quality living environment in
adjacent neighborhoods. Development regulations could also allow
other light commercial and higher density multi-family housing, subject
to an extensive public review, and possibly a design review process.”
(emphasis added)
LU-66 The City should develop design standards and guidelines for development
along arterials to improve their visual appearance.”
Thus, while commercial ‘strip’ development along corridors is generally discouraged as
sprawl and can result in negative visual and functional impacts, it is recognized by the
Comprehensive Plan that the location of commercial services along corridors provides some
community benefits and several policies are directed at implementing code changes and
authorizing development only in a manner that seeks to minimize the negative effects.
14. In addition Chapter 14, Comprehensive Plan Map, recognizes that policy statements do not
fit all circumstances. The Plan recognizes that in some cases the general policies
established by this Plan need further articulation or clarification due to particular concerns
associated with specific geographic areas. In other cases, the application of the Plan's
general policies may be inappropriate for a specific area due to unique circumstances,
requiring that specific "exceptions" to these general policies be established. The section
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 26 of 34
entitled “Transitions” identifies these specific areas and establishes either supplemental
policies or exceptions to the general policy. This transition section specifically recognizes
and addresses the entirety of the A Street SE corridor within the city as follows:
“A Street SE
Area: A Street SE corridor, extending from Highway 18 to the north; to the city limits to
the south, the BNSF rail lines/rail yard to the west and D Street SE (extended to the
south) to the east.
Problem: A Street SE provides for a significant level of traffic that offers the
potential to attract customers to support existing and future business along this
corridor. Challenges include better definition of the transition between residential
neighborhoods and future commercial development to provide predictability for
both neighborhood residents and commercial uses, as well as how to address
historical uses such as mobile home parks and industrial development along this corridor
that occupy property that is better suited for other uses. (emphasis added)
Policy III. H. Define appropriate transition boundaries between commercial and
residential development in a manner that protects residential uses while providing for
economic development opportunities along the corridor.
Policy III. I. To ensure protection the of adjacent residential neighborhood and
residential uses located east of B Street SE between 8th and 17th Streets SE from
commercial development on the west side of B Street SE, , special development
standards shall be adopted. The special development standards could include
requirements for increased building and parking setbacks and/or landscape buffer
treatment. The standards may also include the implementation of traffic calming
measures as appropriate to reduce traffic impacts on the adjacent residential
neighborhood located east of B Street SE between 8th and 17th Streets SE.”
Again, within this section, the Comprehensive Plan recognizes that commercial ‘strip’
development along transportation corridors is generally discouraged as sprawl and if
uncontrolled can result in negative visual and functional impacts. This language is balanced
with recognition that commercial development along corridors provides convenient needed
services. Additionally, this section prescribes that transitions should be provided between
commercial uses and residential uses by city regulations and by the manner in which
development is authorized.
Considering the sum of all of the different sections of the Comprehensive Plan together, the
more specific descriptions of each of the land use designations supports the requested
change. The proposed comprehensive plan amendment seeks to change the designation to
allow more intensive land uses and those which are attractive to vehicle service and the
traveling public. Since the property is located along a heavily traveled principal arterial
street, the proposed change more closely matches the description of the purpose of the
“Heavy Commercial” designation; it is located along a major arterial and is highly accessible
to automobiles. The current “Light Commercial designation is less appropriate for the
properties since the development is readily accessible to vehicles and there is not sufficient
width to separate the development from the heavily traveled corridor.
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 27 of 34
However, the proposed amendment is not an expansion of an existing Heavy Commercial
designated area and would interject a different designation between two areas currently
designated as “Light Commercial”. It may be appropriate to re-evaluate this corridor. The
City should consider docketing for a possible a future change to the land use designations
along the east side of this corridor. This effort would provide an opportunity study and
potentially change a more significant portion of the corridor when impacts can be assessed
and managed.
15. The second decision criterion is that the comprehensive plan amendment must not
diminish or increase the ability to provide adequate services. The proposed change by
itself, if approved will not affect the ability to provide adequate services. However, the
change the Comprehensive Plan map, if approved could lead to cumulative applications by
other properties in the vicinity for changes to the land use designation and intensification of
development. While public services, such as police and fire could like accommodate the
change in land use designation, full public infrastructure is not currently in place. The Valley
Regional Fire Authority did not have any comments in response to the application. While
there is adequate water (16 inch water main) in A Street SE, the road continues to be two
lanes; it has not been widened in the area of the subject properties as done in other
segments farther to the north and south and has roadside ditches to provide storm drainage.
Also, a sewer would have to be extended to serve the site. However, to require that
infrastructure as a precursor is not always viable as the City often relies upon development
to provide the public infrastructure improvements needed to support the development as the
development occurs. Under the current conditions, as with many properties in the city, the
infrastructure improvements would be the responsibility of future development. At the time
of development, adequate services would be provided for the development to be authorized
so it is not anticipated that approval of the request negatively affects provision of services.
16. The third decision criterion is that the assumptions on which the comprehensive plan
is based are found to be invalid. While not completely invalid, the comprehensive plan
seeks to discourage commercial ‘strip’ development along corridors since it can result in
negative visual and functional impacts, balanced with this the Plan recognizes by the
comprehensive plan that the location of commercial services along corridors provides
community benefits. Also, the more specific language of the plan as found in the purpose
statements of the land use designations for “Light Commercial” and “Heavy Commercial”
support the application based on the site’s proximity to a heavily traveled arterial.
17. The fourth decision criterion is that there has been a change or lack of change in
conditions or circumstances has occurred since the adoption of the latest
amendment to the comprehensive plan that dictates the need for a proposed
amendment. Again, the comprehensive plan seeks to discourage commercial ‘strip’
development along corridors since it can result in negative visual and functional impacts,
balanced with this, the Plan recognizes that the location of commercial services along
corridors provides community benefits. Also, the more specific language of the plan as
found in the purpose statements of the land use designations for “Light Commercial” and
“Heavy Commercial” support the requested change based on the site’s proximity to a
heavily traveled arterial street.
18. The fifth decision criterion is that the change must be determined to be consistent
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of
the relevant county and “Vision 2040: Growth and Transportation Strategy for the
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 28 of 34
Puget Sound Region”. The change if approved would continue to be consistent with the
Growth Management Act (RCW 36.70A), the Countywide Planning Policies of King County
and “Vision 2040: Growth and Transportation Strategy for the Puget Sound Region”. The
proposal is consistent because it continues to allow commercial uses; only of a more
intensive nature and more specifically oriented to the traveling public.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
The Planning Commission also suggested that the east side of A Street SE between Lakeland
Hills Boulevard SE and Lake Tapps Parkway SE be studied in the future for potential changes in
the land use designations.
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
Policy/Text Amendment P/T #11 and Map Amendment CPM #4
1. The applicant submitted a comprehensive plan policy/text amendment and map amendment
application on June 10, 2011 by the submittal deadline of June 10, 2010. The application
was submitted for the purpose of initiating the process for preparation of the special area
plan called for the city’s Comprehensive Plan. The preparation process of this special area
plan document is expected to extend into next year and not be completed this year. This
year some revisions and refinements of the Comprehensive Plan are proposed to lay the
groundwork for future efforts. The current change consists of two interrelated requests:
a. comprehensive plan policy/text amendment request seeks to modify the
discussion of the “Stuck River Road” and “Mount Rainer Vista” special planning
areas discussion within Chapter 14; Comprehensive Plan Map, and
b. revise Map 14.1, Comprehensive Plan Map and Map 14.2 Special Plan Areas to
expand the boundary by adding seven parcels to the Stuck River Road Special
Plan area in the same manner on each map.
2. The application was submitted by Jami Balint, Attorney for Segale Properties, LLC on behalf
of Segale Properties, LLC and Lisa Atkins, Property Owners.
3. The proposed policy/text amendments P/T #11, are found at pages 14-20 through 14-22
within Chapter 14, Comprehensive Plan Map. The changes generally include the following:
c. Refer to the subsequent plan preparation as a “sub-area plan” rather than
“element” of the Comprehensive Plan.
d. Eliminate the reference to the maximum number of dwelling units to be allowed
and revise wording to instead determine the appropriate number of dwelling units
as part the special area plan development process with public input.
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
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e. Revise wording to refer to future stormwater management within the special plan
area to be consistent with city standards rather than discharging to Bowman
Creek and to the city stormwater facilities as current wording does.
f. Acknowledge that the two designated special plan areas (the Stuck River Road
and Mount Rainer Vista) may be coordinated and developed jointly since they
are contiguous.
g. Revise wording to recognize that land uses could be different in the future as part
of the special area plan preparation process and include commercial,
institutional, industrial, and recreational uses in addition to residential uses that
area already described.
h. Change wording to indicate that active gravel mining is continuing within the
special plan areas. The gravel mining is expected to continue for several years
into the future.
4. The proposed map change, CPM #4, proposes to revise both, Map 14.1, “Comprehensive
Plan”, and Map 14.2, “Special Plan Areas”, to expand the boundary of the Stuck River Road
Special Plan area to the southwest by adding parcels (Applicant originally proposed seven
parcels; staff recommended an eighth). As both these maps show the special plan area, the
same change affects both maps. The following map shows an expanded view of the
change to Map 14.1 “Comprehensive Plan”.
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: November 17, 2011
Page 30 of 34
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
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5. The purpose of the comprehensive Plan is to provide a policy basis for the future zoning
changes to ensure that the Comprehensive plan and Zoning Ordinance are consistent as
required by the following city code section:
“ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced
within Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with
the comprehensive plan. “
6. The City code provides certain criteria for decisions for comprehensive plan amendments.
“ACC 14.22.110 Decision criteria for plan amendments.
A. The comprehensive plan was developed and adopted after significant
study and public participation. The principles, goals, objectives and
policies contained therein shall be granted substantial weight when
considering a proposed amendment. Therefore, the burden of proof for
justifying a proposed amendment rests with the applicant, who must
demonstrate that the request complies with and/or relates to the following
decision criteria:
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain internally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based are found to
be invalid;
4. A determination of change or lack of change in conditions or
circumstances has occurred since the adoption of the latest amendment to the
specific section of the comprehensive plan that dictates the need for a proposed
amendment;
5. If applicable, a determination that a question of consistency exists
between the comprehensive plan and Chapter 36.70A RCW, the countywide
planning policies for either King and/or Pierce County, as appropriate, and Vision
2040: Growth and Transportation Strategy for the Puget Sound Region.”
7. The first criterion is that the change must further and be consistent with the goals
and objectives of the plan and the plan will remain internally consistent.
Many of the designated special plan areas do not have an established mapped land use
designation (such as low density residential or Light Industrial). Essentially, the map is left
blank (uncolored). The purpose of the special area plan process is to determine the
appropriate land use designation (and color) to be applied to the properties. The
Comprehensive Plan provides the following general guidance on special area plans:
“Purpose: To allow large areas within the City, under a single or a coordinated
management, to be developed as a planned unit. This designation can also be used to
provide flexibility when there is uncertainty regarding how an area may be most
appropriately developed in the future.
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
Page 32 of 34
Description: This designation applies to specific areas identified as being appropriate
for mixed, urban level development on a planned basis. It is intended that the future
development of these areas will be guided by individual "elements" or “sub-area plans”
of the Comprehensive Plan, to be developed and adopted at a later date. The Plan
elements should be consistent with the following.
Compatible Uses: Uses and intensities within Special Planning Areas shall be
determined for each area through individual planning processes. Each individual
planning process will result in the adoption of a Comprehensive Plan element (sub-area
plan) for that particular Special Planning Area. Each Plan element shall be consistent
with the general goals, objectives and policies of the Comprehensive Plan.”
In the Comprehensive Plan document, this general explanation of the purpose of the Special
area plans is followed by a narrative description of each individual special plan area.
The proposed Comprehensive Plan text amendments seek to clarify or augment the current
description of the Stuck River Road and Mount Rainer Vista special plan areas to more
accurately reflect the current circumstances of property ownership, mining status and to
provide greater flexibility in the future preparation of the special area plan, such as
determining appropriate land uses and the amount of development. The changes promote
the future study to be undertaken as part the special area plan document development. The
proposed changes are consistent with the overall Plan and there will be a need to ensure
that future changes also remain consistent.
The proposed map change, as amended by the staff recommendation, also remains
consistent with the comprehensive plan. The map change proposes to make a special plan
area larger to encompass seven parcels that are under the same ownership as a majority of
the parcels within the special plan area designation. Typically, the special area plan
preparation takes into account the nature and development status of surrounding uses. The
change expands the boundaries without affecting consistency. The change increases
coordination of properties under the same ownership.
8. The second decision criterion is that the comprehensive plan amendment must not
diminish or increase the ability to provide adequate services. The proposal to change
the Comprehensive Plan text and map amendment is general in nature and does not affect
the ability to provide adequate services.
9. The third decision criterion is that the assumptions on which the comprehensive plan
is based are found to be invalid. While not completely invalid, the proposed
Comprehensive Plan text amendments seek to clarify or augment the currently description
of these specific special plan areas to more accurately reflect the current circumstances of
property ownership, mining status and to provide greater flexibility in the future preparation
of the special area plan, such as determining appropriate land uses and amount of
development. The changes are designed to facilitate the future study to be undertaken as
part the special area plan document development.
The map change also does not affect validity. The changes are for the purpose of
increasing the accuracy and providing greater flexibility. This criterion in this circumstance
does not relate well to the circumstances of this amendment application.
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Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Date: November 17, 2011
Policy/Text Amendments
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10. The fourth decision criterion is that there has been a change or lack of change in
conditions or circumstances has occurred since the adoption of the latest
amendment to the comprehensive plan that dictates the need for a proposed
amendment. The change is needed since this reference has not been updated to reflect
progressive and alternate ways of managing stormwater runoff, such as infiltration into the
ground that are provided for in the city’s stormwater standards. The change is also needed
to provide flexibility in land uses and number of dwellings to recognize the increased
prominence and public acceptance of mixed use development projects such as planned
communities.
Again, the proposed Comprehensive Plan text amendments seek to clarify or augment the
currently description of these specific special areas to more accurately reflect the current
circumstances of property ownership, mining status and to provide greater flexibility in the
future preparation of the special area plan, such as determining appropriate land uses and
amount of development. The changes are designed to promote the future study to be
undertaken as part the special area plan document development. The map change is
proposed to reflect the circumstance of ownership that may have changed since the time of
the original establishment of the special area plan boundaries. The changes are for the
purpose of increasing the accuracy and providing greater flexibility. This criterion does not
relate well to the proposed amendments as the changes are of general benefit.
11. The fifth decision criterion is that the change must be determined to be consistent
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of
the relevant county and “Vision 2040: Growth and Transportation Strategy for the
Puget Sound Region”. The text changes proposed will continue to be consistent with the
Growth Management Act (RCW 36.70A), the Countywide Planning Policies of King County
and “Vision 2040: Growth and Transportation Strategy for the Puget Sound Region”. The
proposal is consistent because it does not change the ability to conduct land use studies to
determine the general nature of allowed land uses. The map changes also will remain
consistent with the regional land use policy guidance.
Staff Recommendation
Planning Commission to recommend approval to the City Council as amended as follows:
Staff recommends that the map amendment also include parcel number 3221059031 (an eighth
parcel) that is contiguous to the other parcels subject to this request and avoids an isolated
parcel on the east side of Kersey Way SE that is surrounded by the special area plan
designation on three sides and Kersey Way SE on the fourth. It is appropriate to include this
parcel to make logical boundaries of the special plan area and since it is also owned by Lisa
Atkins, co-applicant. The applicant has confirmed it is appropriate to include this parcel.
Staff recommends that the policy/text amendment revise wording of the description and
purpose of the Stuck River Special Plan areas, Chapter 14, “Land Use Map”, as found on
page 14-21 to include study of the potential of industrial uses among the other uses studied
for the future of the area. The applicant supports this change. The change would read:
“The land uses for the Stuck River Road Special Planning Area will be determined
through the subarea planning process and the City Council’s adoption of the subarea
plan. Potential land uses applied through the subarea planning process could
ORD.D
Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011
Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: November 17, 2011
Page 34 of 34
include single-family residential, multi-family residential, commercial, institutional,
industrial and recreational.”
Planning Commission Recommendation
Planning Commission recommended approval to the City Council as amended by the staff.
PCDC Recommendation
PCDC recommends approval to the City Council with the following additional changes (PCDC’s
additional changes are shown in bold) to the narrative of the Stuck River Road Special Planning
Area, Pages 14-21 through 14-22 of Chapter 14: “Comprehensive Plan Map”.
“Stuck River Road Special Planning Area: A portion of the Stuck River Road Special
Planning Area is currently the site of a large sand and gravel mining operation. This
area and other adjacent land comprising a total of approximately 661664 acres has
been designated as a long term resource area (mineral resource area), so
development of the Special Area Plan for this area should be a low priority as mining
is expected to continue on this site for as long as 30 years. The land uses for the
Stuck River Road Special Planning Area will be determined through the subarea
planning process and the City Council’s adoption of the subarea plan. Potential land
uses applied through the subarea planning process could include single-family
residential, multi-family residential, commercial, institutional, industrial and
recreational. Some light industrial uses may be appropriate for consideration
and designation through the subarea planning process if the uses are
“industrial or business park” in character, conducted entirely within an
enclosed building, exhibit a high degree of performance standards and are
non-nature and if appropriate limited in extent and location. is intended to
ultimately be developed as a residential area, to include supporting recreational and
possibly limited commercial facilities as well.”
“… An active permit application has been accepted and is currently being processed
approved by the City with respect to the mining activity on a portion (approximately
285664 acres) of the special plan area mineral extraction operation. The permit
process mining activity should continue, however, any as the permit for mining in the
mineral resource area should be has been granted for the life of the resource, with
reviews conducted periodically (ever five years) to determine whether changes in the
originally proposed mineral extraction operation have arisen and give rise to the
need for additional or revised permit conditions to address the new impacts (if any) of
any such changes.”
ORD.D
ORDINANCE NO 6 39 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, RELATING TO PLANNING,
ADOPTING COMPREHENSIVE PLANMAP AND TEXT
AMENDMENTSPURSUANT TO THE PROVISIONS OF
RCW CHAPTER 36 70A
WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive
Plan by Resolution No 1703 whichincludes a Map establishing the location of the
Comprehensive Plan LandUse Designations throughout the City; and
WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive
Plan Amendments by Resolution No 2635 to comply with the Washington State
Growth Management Act; and
WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action
by Ordinance No 4788, and
WHEREAS, the City of Auburn published in theSeattle Times and Auburn
Reporter an advertisement that the City was accepting comprehensive plan
amendment applications and established a deadline for submittal of June 10, 2011,
and
WHEREAS, the City ofAuburn received oneprivately-initiated amendment
map amendment (CPA11-0001), and one privately-initiated combined map
amendment and text amendment (CPA11- 0002), and
WHEREAS, the City of Auburn initiated two map amendments and tentext
amendments (CPA11-0003), and
Ordinance No 6394
November 29, 2011
Page 1
ORD.D
1
b ter.
t f
WHEREAS, Comprehensive Plan map and text amendments wereprocessed
by thePlanning and DevelopmentDepartment as proposed Year 2011 amendments
to the City of AuburnComprehensive Plan, and
WHEREAS, maintaining a current CapitalFacilities Plan is required in order to
meet regulations of the Growth Management Act under RCW 36 70A, and
WHEREAS, the environmental impacts of the Year 2011 Comprehensive Plan
amendments were considered in accordance with procedures of the State
Environmental Policy Act; and
WHEREAS, the proposed amendments weretransmitted to theWashington
State Department of Commerce, Growth Management Services Division and other
State agencies for the 60-day review period in accordance with RCW 36 70A.106,
and
WHEREAS, after proper notice published in the City's official newspaper at
least ten (10) daysprior to the date of hearing, the Auburn Planning Commission on
October 18, 2011 and November 9, 2011 conductedpublic hearings on theproposed
amendments, and
WHEREAS, at the public hearing theAuburn City Planning Commission heard
public testimony and took evidence and exhibits into consideration, and
WHEREAS, thereafter the Auburn CityPlanning Commission made
recommendations to the City Council on the proposed Year 2011Comprehensive
Plan map and text amendments, and
Ordinance No 6394 E.
November 29, 2011
Page 2
3
ORD.D
WHEREAS, on November 14, 2011 the Planning and Community
Development Committee of the Auburn City Council reviewed the Planning
Commission's recommendations, and
WHEREAS, on November 21, 2011 the Public Works Committee of the
Auburn City Council reviewed the Planning Commission's recommendations, and
WHEREAS, on November 28, 2011 the Planning and Community
Development Committee of the Auburn City Council made a recommendation to the
City Council, and
WHEREAS, on December 5, 2011, the Auburn City Councilconsidered the
proposed Comprehensive Plan amendments as recommended by the City of Auburn
Planning Commission
NOW, THEREFORE, THE CITY COUNCIL OF THECITY OF AUBURN,
WASHINGTON, DO ORDAINAS FOLLOWS
Section 1 The 2011 Comprehensive Plan city-initiated Map Amendments
CPA11-0003) are adopted and approved as set forth in Exhibits "A" and "B" as
attached hereto and incorporated herein by reference The City Clerkshall file
Exhibits "A" and "B" along with this Ordinance and keep themavailable for public
inspection
Section 2. The 2011 Comprehensive Plan Text Amendments (CPA11-
0003), including the amendments to the City of Auburn Comprehensive
Transportation Plan, amendments to the City ofAuburn Comprehensive Stormwater
Drainage Plan, Amendments to the Northeast Auburn/Robertson Properties Special
Ordinance No 6394
November 29, 2011
Page 3
ORD.D
Area Plan, and various amendments to certain chapters of the Auburn
Comprehensive Plan (Chapter 3, LandUse, Chapter 4, Housing, Chapter 8,
Economic Development; Chapter 9, The Environment; Chapter 14, Comprehensive
Plan Map, and Appendix B) are adopted and approved as set forth in Exhibit "C"
attached hereto and incorporated herein by reference The City Clerk shall filethem
along with this Ordinance and keep them available for public inspection The full text
of theCapitalFacilities Plan of the City and the four schooldistrictsCapital Facilities
Plansare adopted with the City's Comprehensive Plan, copiesof which shall be on
file with the Office of the City Clerk. The City Clerkshall file them along withthis
Ordinance and keep them available for public inspection Council adopts both the
Planning, Commission's recommendations, dated October 18, 2011as amended by
the Planning, and Community DevelopmentCommittee on November 28, 2011 and
the findings and conclusions outlined in the November 29, 2011 staff report, both
attached as Exhibit "D"
Section 3. Application CPA11-0001, TerraceView Properties, LLC
Comprehensive Plan Map Amendment, requesting a landuse designationchange
from Light Commercial to Heavy Commercial for property identified by parcel
numbers 3121059056 and 3121059010 is approved as set. forth in Exhibit "E"
attached hereto and incorporated herein by reference Council adopts both the
Planning Commission's November 9, 2011 recommendations, and the findings and
conclusions outlined in the November 29, 2011 staff report, both attached as Exhibit
Ordinance No 6394
November 29, 2011
Page 4
ORD.D
Z• r
Section 4. Application CPA11-0002, Segale Properties, LLC
Comprehensive Plan Map Amendment, requesting a land use designationchange to
include within the StuckRiver Road Special Plan Area the properties identified by the
following eight parcel numbers. 3221059001, 3221059002, 3221059003,
3221059004, 3221059008, 3221059024, 3221059026, and 3221059031 is approved
as set forth in Exhibit "F" attached hereto and incorporated herein by reference
Also, therelated Comprehensive Plan Text Amendments requesting modification of
the description and purpose of theStuck River Road and MountRainer VistaSpecial
Plan Areasto Chapter 14, Comprehensive Plan Map, is approved as set forth in
Exhibit "C" attached hereto and incorporated herein by reference Council adopts
the Planning Commission's November 9, 2011 recommendations, as amended by
the Planning and Community Development Committee on November 28, 2011 and
the findings and conclusions outlined in theNovember 29, 2011 staff report, both
attached as Exhibit "D"
Section 5 The 2011 Comprehensive Plan amendments modify the
Comprehensive Plan adopted on August 18, 1986 by Resolution No 1703 and
adopted.by-Ordinance No 4788 on September 5, 1995
Section 6. Theadopted Comprehensive Plan as amended is designated as a
basis for the exercise of substantive authority under the Washington State
Environmental Policy Act by the City's responsible environmental official in
accordance with RCW 43 21C060
Ordinance No 6394
November 29, 2011
Page 5
N
ORD.D
Section 7 If any section, subsection; sentence, clause, phrase or portion of
this Ordinance or any of theComprehensive Plan amendments adopted herein, is for
any reason held invalid or unconstitutional by any Court of competentjurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remainingportions thereof
Section 8 TheMayor is hereby authorized to implement such administrative
procedures as may be necessary to carry outthe directions of thislegislation to
include incorporating into one document theadopted Comprehensive Plan map and
text amendments, attached hereto as Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D"
Exhibit "E" and Exhibit "F" preparing and publishing theamendedComprehensive
Plan
Section 9. ThisOrdinance shall) take effect and be in force five (5) days
from and after its passage, approval and publication as provided by law
INTRODUCED
PASSED
APPROVED
Peter B Lewis
MAYOR
Ordinance No 6394
November 29, 2011
Page 6
ORD.D
2 V,
k
ATTEST
Danielle E Daskam,
CityClerk
APPROVED AS TO FORM
Daniel o .Hei•
City Attorney
Published
Ordinance No 6394
November 29, 2011
Page 7
ORD.D
N t L f'
Exhibit A
Colored map which is a detail of Map No 14 1, "Comprehensive
Plan'; showing the change from LightIndustrial to PublicQuasi-
Public for city-owned storm andflood storage ponds
Please see "CompPlan MapAmendments" tab in the working binder)
Ordinance No 6394
November 29, 2011
Page 8
ORD.D
Exhibit B
Colored Map No 62, "Gas Pipelines" with updated references
and information
Pleasesee "Comp Plan Map Amendments" tab in the working binder)
Ordinance No 6394
November 29, 2011
Page 9
ORD.D
Exhibit C
The Auburn, Dieringer, Federal Way and KentSchoolDistrict
Capital Facilities Plans,
City of Auburn Capital Facilities Plan,
Amendments to the City of AuburnComprehensive
Transportation Plan,
Amendments to the City of Auburn Comprehensive Stormwater
Drainage Plan,
Amendments tothe Northeast Auburn/RobertsonProperties
SpecialArea Plan,
and various amendments to the chapters of the Auburn
Comprehensive Plan including:
Chapter 3, Land Use,
Chapter 4, Housing,
Chapter 8, EconomicDevelopment,
Chapter 9, The Environment;
Chapter 14, Comprehensive PlanMap; and
Appendix B
See "Comp Plan Policy/Text Amendments"tab in the working binder)
Ordinance No 6394
November 29, 2011
Page 10
ORD.D
Exhibit D
Agenda bill/staff reportdated November 29, 2011,
Ordinance No 6394
November 29, 2011
Page 11
ORD.D
Exhibit E
Colored map which is a detail of Map No 14 1, "Comprehensive
Plan'; showing the change from LightCommercial to Heavy
Commercial for TerraceView Properties LLC andidentified by
parcel numbers 3121059056 and 3121059010
Please see "Comp Plan Map Amendments" tab in the working binder)
Ordinance No 6394
November 29, 2011
Page 12
ORD.D
Exhibit F
Colored map which is a detail of Map No 14 1, "Comprehensive
Plan'; and Map No 14 2, "Special Plan Areas" showing a land
use designation change to include withinthe Stuck River Road
Special Plan Area the propertiesidentified by the following eight
parcel numbers 3221059001, 3221059002, 3221059003,
3221059004, 3221059008, 3221059024, 3221059026 for
Segale Properties LLC
Please see "Comp Plan Map Amendments" tab in the working binder)
Ordinance No 6394
November 29, 2011
Page 13
ORD.D
Year 2011 Annual Comprehensive Plan Amendment Summary
CPM=Comprehensive Plan Map Amendment, P/T=Policy/Text Amendment)
CPM Staff Planning
CityPCDCCit CouncilTitleDescriptionRecommendationCommission Notes
Recommendation Recommendation Action
CPM Map No 14 1 Comprehensive Plan Map 14 1,change from Light Approval Approval I Therewas no public comment at the PC hearing Planning
1 Comprehensive Industrial to Public/Quasi Public designation the Commission voted unanimously to recommendapproval
Plan area containing city-owned stormwater and
compensatory flood storage ponds constructedas
mitigation for the City's S 277th ST roadway
Improvement project.
CPM Gas Pipelines Gas Pipelines,Map 6.2 Update references and Approval Approval Approval There was no publiccommentat the PC hearing Planning
2 Map No 6.2 information shown on this map Commission voted unanimously to recommendapproval.
CPM Map No14 1 Change mapped designation of two parcels on the Approval Approval Approval Applicant seeks ability forgreater range and variety of usesfor
3
Comprehensive east side of A ST SE from Light Commercial to future development and marketability
Plan Heavy Commercial At 11-9-11 hearing,PlanningCommissioninquired about future
development plans'the applicant previously indicated there were
none
Recommended At 11-9-11 hearing,PlanningCommissionrecommended that A ST
additional study of SE between Lakeland Hills Boulevard and Lake Tapps Parkway SEAStSEinthefuturebestudiedinthefutureforpossiblefuturelandusedesignation
changes.
CPM Map No.14 1 Enlarge the special plan areas to include 7 Approval with Approval Approval Applicant seeks to encompassproperty holdings withinthe special
4 Comprehensive additional parcels under same ownership. (Add 8 modification to plan area designation
Plan&Map No parcels with modification)include an additional At the 11-9-11 hearingPlanning Commission recommended14.2 Special Plan (
See also related Policy/Text Amendment P/T#11)
parcel No
amending to include additional parcel(see staff recommendation)Areas 3221059031,(8 h
parcel)owned by
Lisa Atkins,co-
applicant. The
Applicantconcurs.
Created October20 2011
Revised November 7,2011
Revised November 14,2011
Revised November 23,2011
Revised November 28,2011
Revised November 29,2011
Page 1 of 5ORD.D
Staff Planning PCDC City Council
P/T# Title Description Recommendation Commission Notes
Recommendation Recommendation Action
PIT Auburn SchoolIncorporate Auburn School District CapitalFacilities Approval Approval Approval TheAuburnSchoolDistrict representative indicated he could not
1 District Capital Plan 2011 through 2017 adopted May 9 2011 into attend the planning commission public hearing due to a conflict.
Facilities Plan the City of Auburn Comprehensive Plan There was no public comment at the PC hearing ThePlanning2011—2017)
Commission voted unanimously to recommendapproval
P/T DieringerSchool Incorporate the Dieringer School District Capital Approval Approval Approval Therewas no public comment at the PC hearing Planning
2 District Capital Facilities Plan 2012-2017 adopted July 25 2011 as Commission voted unanimously to recommend approval
Facilities Plan part ofthe Auburn Comprehensive Plan
2012—2017)
P/T Federal Way Incorporate Federal Way School District Capital Approval Approval Approval Sally McLean of theFederal WaySchool District testified in support
3 Capital Facilities Facilities Plan 2012 adopted June 14 2011 by the of adoption at the 10-18-11 Planning Commission hearing
Plan(2012) Federal Way School Board into the City Planning Commission voted unanimously to recommendapproval.
Comprehensive Plan
P/T Kent SchoolIncorporate Kent School District Capital Facilities Approval ApprovalApproval There was no public comment at the PC hearing Planning
4 District Capital Plan 2011-2012 to 2016-2017 adopted June 22 Commission voted unanimously to recommendapproval
Facilities Plan 2011 into the City of Auburn Comprehensive Plan
2011/2012—
2016/2017)
P/T City of Auburn's Incorporate the City of Auburn's 6-year Capital Approval Approval Approval There was no public comment at the PC hearing Planning
5
6-year Capital Facilities Plan 2012-2017,into the City's
With additional Goal Commission voted unanimously to recommend approval
Facilities Plan Comprehensive Plan
2012-2017 5 and 4 related At 11-21 11 Public Works Committee noted thatamongthe various
policies added to goal andpolicy statements existingwithin the Plan a goal and
Chapter 2, Goals related policiesshould be added about the city's desire to promote
and Policies"at page the city's future construction of a community center facility in the
13 related to"building Les Gove campus and utilize its construction and operation tobuild
community"as a sense of community that is inclusive of diverse populations
presented at 11-28-The staffdrafted Goal#5 and four related policies that were
11 PCDC meeting presented to the PCDC on 11-28-11 and which is the PCDC's
recommendation.
Created'October 20,2011
Revised November 7,2011
Revised November 14,2011
Revised November 23,2011
Revised November 28,2011
Revised November 29 2011
Page 2 of 5ORD.D
Staff Planning
P/T# Title Description
Recommendation Commission PCDC City Council
P Recommendation Recommendation Notes
Action
P/T Incorporate the Revise the separate Comprehensive Transportation Approval Approval Approval Some PC members expressed concern aboutmultiple parallel bike
6 work of the Plan to incorporate the work of the Bicycle Task routes,use of sharrows and bike boxes and the need forpublic
Bicycle Task Force PC forwarded PCDC recommends education. Bicycle Task Force Chair,Terry Davis testified in
Force recommendation but approval retaining the
support the Comprehensive plan Amendment. Planningexcludedthelong-term original staff Commission voted 4to 2 to recommend approval
recommendation for proposedlanguage
implementing a pilot which includes the PC remained concerned that Bike Boxes would be unfamiliar,could
program of bike boxes. long-term be a source ofconflict andthat specified locations may not be
Removal of narrative recommendation for appropriate.
3,page 3-11 and implementing a pilot
11-28-11 PCDC voted to includethe long-term recommendationforpolicyTR146page5programofbike
implementing a pilot program of bike boxes,if effect is not to19) boxes
require;but provides the flexibility as an option.
P/T RevisePlan Revise the separate document:Comprehensive Approval Approval Approval The 2009 Comprehensive Drainage Plan recognized that additional
7 Project Number Drainage Plan(GDP)to Revise Plan Project modeling of the ProjectNumber 13(A&B) flooding of 30th Street
13(A&B), Number 13(MB) Flooding of 30th Street NE NE needed to be conductedto determine the appropriate methodof
Flooding of 30th addressing flooding problems within this drainage basin The City
Street NE. has completed the modeling and has proposed to revise the
Comprehensive following portions of the plan to include theresults and
Drainage Plan recommendation ofthis modeling effort.
There was no public comment at the PC hearingPlanning
Commission voted unanimously to recommend approval
PIT Update the Update the previous conditionally-approved Approval Approval Approval The planis being revised for the following reasons.
8 Northeast NortheastAuburn/Robertson Properties Special acquisition and development of an additional 11 acres by RPG
Auburn/Robertso Area Plan(Approved by City Council Ordinance No subsequent to the original EIS
n Properties 6183)—Referenced within Chapter 14 RPG's determination to conduct phased project development in
Special Area Comprehensive Plan Map two phases that could be developed independently orjointly'Plan and
Changes in intersection signalization
Changes in city regulations and development standards
Changes in surroundingdevelopment.
Therewas no public comment at the PC hearingPlanning
Commissionvoted unanimously to recommend approval
P/T Revise target Revise for target population numbers&census data Approval Approval Approval There was no public comment at the PC hearing Planning
9 pop.numbers& Chapter 3,Land Use,Chapter 4 Housing and Commission voted unanimously to recommend approval
Item A census data Chapter 8,Economic Development
PIT Add section on Add new section on Climate change and Approval Approval Approval In 2010,the City completed an inventory of both municipal and
Climate change greenhouse gas emissions Chapter 9 community greenhouse gas emissions using a 2008 base year The9andgreenhouseEnvironment,Objective 18.6 Energy Efficiency inventoryentitled Greenhouse Gas Inventory for theCity of
Item gas emissions Auburn",included base year estimates of greenhouse gas
B emissions and emissions forecasts for years 2015&2020.There
was no public comment at the PC hearing Planning Commission
voted unanimously torecommend approval.
Created.October 20,2011
Revised November 7,2011
Revised November 14,2011
Revised November 23,2011
Revised November 282011
Revised November 29,2011
Page 3 of 5ORD.D
Staff Planning
P/T# Title Description Recommendation Commission PCDC City Council
Notes
Recommendation Recommendation Action
P/T Recognize Recognize Economic Development Strategy Areas Approval Approval Approval There was no public comment at the PC hearing Planning
9 Economic Chapter 3,Land Use,Chapter 8,Economic Commission voted unanimously to recommend approval All items
Development Development,pages,Chapter 14 Comprehensive in P/T#9 were addressed in the samemotion.Item
C Strategy Areas Plan Map
PIT Incorporate Comprehensive Plan Appendix B Reports and Approval Approval Approval There was no public comment at the PC hearingPlanningdocumentsintoStudies,Incorporate the following documents Commission voted unanimously to recommend approval All items
Comprehensive Downtown Urban Core Task Force Draft Final in P/T#9 were addressed in the same motionItem
D Plan Appendix B Report&Bicycle Task Force End Report.
Reports and
Studies
P/T/ Reference to In Policy LU 15 change the reference to"street Approval Approval Approval There was no public comment at the PC hearingPlanning
9, "street lights"in lights"in the description of road improvements Commission voted unanimouslyto recommend approval All items
Item the Residential within the Residential Conservancy zoning district, in PIT#9 were addressed in the same motion
E Conservancy Chapter 3 Land Use,Goal 7 Residential
zoning district, Development
PIT Clarify term Clarify the term "market factor"as used in this Approval Approval Approval There was no public comment at the PC hearing Planning
9 "market factor" Buildable Lands Section,Chapter 3,Land Use,Commission voted unanimously to recommendapproval.All items
Item F as used in this Buildable Lands Land Supply and Development in P/T#9 were addressed in the same motion
Buildable Lands Capacity
Section,
P/T Add recognition Add policy statement to recognize support for and Approval Approval Approval There was no public comment at the PC hearing Planning
9 of alternatively transition to alternatively powered vehicles Chapter Commission voted unanimously to recommend approval All items
Item powered vehicles 9 Environment,Objective 18.6,Energy Efficiency in P/T#9 were addressed in the same motion
G
PR Emphasize Revise discussion and policies to emphasize Approval Approval Approval There was no public comment at the PC hearingPlanning
10 manufacturing manufacturing land uses in industrial zones Chapter Commission voted unanimously to recommend approval
land uses in 3,Land Use,Chapter 8 EconomicDevelopment;
industrial zones Chapter 14 Comprehensive Plan Map
Created October 20,2011
Revised November 7,2011
RevisedNovember 14,2011
Revised November 23 2011
Revised November 28,2011
Revised November 29,2011
Page 4 of 5ORD.D
Staff Planning
P/T# Title Description Recommendation Commission PCDC City Council Notes
Recommendation Recommendation Action
P/T
Amend White Amend White River Road and Mount Rainer Vista Approval Approval Approval Revision to the description and purpose ofthe Stuck River and
11 River Road and Special Plan Areas,Chapter 14,Comprehensive Mount Rainier Vista Special Planareas in Chapter 14 Land Use
Mount Rainer Plan Map for future plan preparation Map
Vista Special (See also related Map Amendment CPM#4) PC recommended PCDC reviewed staff
At 11-9-11 hearing,Planning Commission recommended amendingPlanAreasamendingthelanguagewhichlimits
description and future industrial with
the description and purpose of the Stuck River and MountRainier
purpose of the Stuck the area to VistaSpecial Plan areas Chapter 14 "Land Use Map" as found on
River and Mount page 14-21 to includestudy the potential ofindustrial uses among
Rainier Vista Special • Uses that are the other uses of the site in the future.
Plan areas Chapter 14 industrial or The land uses for the Stuck River Road Special Planning
Land Use Map" to business park in
Area will be determined through the subarea planning
include study of
character process and the City Council's adoption of the subarea
industrial uses Conducted plan Potential land uses applied through the subarea
entirely within a planningprocesscould include single-familyresidential
building multi-familyresidential,commercial institutional industrial
and recreational
Exhibit a high
degree of At 11 21-11 Public Works Committee expressedconcernabout the
performance inclusion of industrial"land uses in the set of land uses to be
standards studied in the preparationof the Stuck River Road SpecialArea
Plan. Staff will prepare a revision to the language
Non-nuisance
The staff draftedrevisions to limitindustrial uses that was presented
Limited in extent to the PCDC on 11-28-11 and which is the PCDC's
and location recommendation
as presented at 11 And correct acreage of themining area change to 664acres.
28-11 PCDC
meeting
Created'October 20,2011
Revised November 7,2011
Revised November 14,2011
Revised November 23,2011
Revised November 28,2011
Revised November 29 2011
Page 5 of 5ORD.D
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P/
T
#8
Up
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T
#
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,
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ORD.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4769
Date:
November 29, 2011
Department:
Public Works
Attachments:
Resolution No. 4769
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4769.
Background Summary:
Pursuant to RCW 35.77.010 the City of Auburn is required to annually prepare and
adopt a comprehensive Transportation Improvement Program (TIP) for each ensuing six
calendar years. The TIP is the detailed programming document for transportation
improvements over a six year period. The plan is intended to ensure that the City will
have available advance plans as a guide in carrying out a coordinated street
construction program.
The City Council is required to conduct a public hearing to review the work accomplished
under the six-year Transportation Improvement Program, and to adopt a revised and
extended plan.
O4.9.3
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Norman Staff:Dowdy
Meeting Date:December 5, 2011 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A
RESOLUTION NO 4769
A RESOLUTION OF THECITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING THE TIMEAND DATE FOR
A PUBLIC HEARING BEFORE THECITY COUNCIL ON THE
2012-2017 TRANSPORTATION IMPROVEMENT PROGRAM
WHEREAS, RCW 3577 010 requires that the City of Auburnannually
prepare and adopt a comprehensivetransportationimprovement program for
each ensuing six calendar years to ensure that the City will have available
advance plans as a guide in carryingout a coordinatedstreet construction
program, and
WHEREAS, RCW 35 77 010 requiresthe City Council to annually
conduct a public hearing to review theworkaccomplishedunder each six-year
Transportation Improvement Program, and toadopt a revised and extended
comprehensivetransportation improvement program
NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBYRESOLVES as follows
Section 1. Purpose. The purposeof thisResolution is for theCity
Council to set a time and date for a public hearing on the 2012-2017
TransportationImprovement Program, to review thework accomplished under
theprogram, andto identify capital transportation system improvement projects,
and relevant transportation studies.
Resolution No 4769
November 17 2011
Page 1
RES.A
Section 2. Notice of Hearing. TheCouncil herebydirects that a notice
specifyingthe time and place of the publichearing shall be published one time
in a newspaper of general circulation and the noticeshallalso be posted in
three public places Such public noticeshall precedethe public hearing by at
least 10 days
Section 3. Date of Hearing. Pursuanttothe requirements of State law,
a public hearing on said 2012-2017 TransportationImprovement Programwill
be held on the 19th day of December, 2011, at 7 30 p m , or as soon thereafter
as reasonably possible, in the Council Chambers of the Auburn City Hall at 25
West Main Street in Auburn, Washington, before the City Council All persons
interested in said2012-2017 Transportation Improvement Programmay attend
and testify atsaid hearing
Section 4. Authority. The Mayor is herebyauthorized to implement
such administrativeprocedures as may be necessarytocarry out thedirectives
ofthis legislation
Section 5. Effective Date. This resolutionshall be in full force and
effect upon passage and signatures hereon
Resolution No 4769
November 17, 2011
Page 2
RES.A
t'.
DATED and SIGNED this, day ofDecember, 2011
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam,
City Clerk
APPROVED ASTO FORM
030;
A :L
iel Held,
City Attorney
Resolution No 4769
November 17 2011
Page 3
RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4771
Date:
November 29, 2011
Department:
Finance
Attachments:
Resolution No. 4771 and Contract
memo
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4771.
Background Summary:
Resolution No. 4771 authorizes the Mayor and City Clerk to execute an agreement for
services with Washington2 Advocates, LLC, for consulting services on various municipal
functions, tasks, and projects.
A3.16.3
Reviewed by Council Committees:
Finance, Planning And Community Development
Councilmember:Backus Staff:Coleman
Meeting Date:December 5, 2011 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B
RESOLUTION NO 4 77 1
A RESOLUTION OF THECITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYORANDCITY CLERK TO EXECUTE A
CONTRACT WITH WASHINGTON ADVOCATES,
LLC, FOR CONSULTINGSERVICES
WHEREAS, theCity is engaged in or readying itselfto be engaged in
various municipal functions, tasks and projects, and
WHEREAS, itis in the City's best interests to have available the services
of qualified consultants who will be able toassist the City on projects related to
federal appropriations, and
WHEREAS, the City desires to retain Washington Advocates, LLC to
provide such services, and
WHEREAS, Washington Advocates, LLC, is qualified andable to provide
such consulting services in connection with the City's needs, and is willing and
agreeabletoprovide such services upon the terms and conditions herein
contained
NOW, THEREFORE, THECITY COUNCIL OF THECITY OF AUBURN,
WASHINGTON, HEREBYRESOLVES as follows
Section 1 That the Mayor and the City Clerk are authorized to execute
an agreement in substantial conformity with the Agreement attached hereto,
marked as Exhibit "A" and incorporated herein by thisreference
Section 2. That theMayor is authorized toimplement such administrative
procedures as may be necessary to carry out the directivesof this legislation
Resolution No4771
November 10 2011
Page 1 of 2
RES.B
Section 3. That this Resolution shall takeeffect and be in fullforce 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
ATTEST AS TO FORM
Alb
1
Da r'e. H
ity Attorney
Resolution No 4771
November 10, 2011
Page 2 of 2
RES.B
Exhibit A
Resolution No. 4771
CITY OF AUBURNAGREEMENT
FOR PROFESSIONAUCONSULTING SERVICES
THIS AGREEMENT made and entered into on this day of
2011, by and between the City of Auburn, a municipal corporation of theStateof
Washington, hereinafter referred to as "City" and Washington2 Advocates, LLC,
hereinafter referred to as the "Consultant."
WITNESSETH
WHEREAS, the City is engaged in or readying itself to be engaged in
various municipal functions, tasks and projects, and,
WHEREAS, it is in theCity's bestinterests to have available the services
of qualified consultants who will be able to assist the City on projects related to
federal appropriations, and,
WHEREAS, the City desires to retain the Consultant to provide such
services, and,
WHEREAS, the Consultant is qualified and able to provide such
consulting services in connection with the City's needs, and is willing and
agreeable to providesuch services upon the terms and conditions herein
contained
NOW, THEREFORE, the parties hereto agree as follows
1 Scope of Services.
The Consultant agrees to perform in a good and professional manner
tasks related to projects involving theCity of Auburn also involvingfederal
funding, including
a Engaging in communicationwith appropriaterepresentativesof various
agencies and entities whowould be involved in such projects, and
b Advising and consulting withtheCityregarding approaches and
strategies on how to promoteprojects advantageous to the City, and
c. Engaging in such other related tasks asare assigned by the City
2 IndependentContractor
The Consultant shall perform the services as an independent contractor
and shall not be deemed, by virtue of this Agreement and the performance
thereof, to haveentered intoany partnership, joint venture, employmentor
otherrelationshipwith the City
Page 1 of 7
RES.B
3 Performance ofAdditionalServices Priorto Execution of an Addendum
The parties hereby agree that situations mayarise in whichservicesother
than those described in Section 1 above are desired by theCity and the
timeperiod for the completion of such services makes the execution of
addendumimpractical prior to the commencementof the Consultant's
performance of the requestedservices The Consultant herebyagrees
that it shall perform such services upon the oral request of an authorized
representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith The invoice
procedurefor anysuch additionalservices shall be as described in
Section 7 of this Agreement.
4 Consultant's Representations
The Consultant hereby represents and warrants that he has all necessary
licenses and certifications to perform the services provided for herein, and
is qualified to perform such services
5 City's Responsibilities.
TheCity shall do the following ina timely manner soas not to delay the
services of the Consultant:
a Designate in writing a person to act as theCity's representative
with respect to the services In advance of anysuch designation, the
Mayor of the City of Auburn shall serve in such designated capacity The
City's designee shallhave completeauthority to transmit instructions,
receive information, interpret and definethe City's policies and decisions
with respect to the services
b Examine and evaluate any and all studies, reports, memoranda,
plans, and other documents prepared by the Consultant in furtherance of
the scope of services hereof, and renderdecisions regardingsuch
documents in a timelymanner to preventdelay of the services.
6 Acceptable Standards
The Consultant shall be responsible to provide, in connection with the
servicescontemplated in this Agreement, work product and services of a
quality and professional standard acceptable to the City
7 Compensation
As compensationfor the Consultant's performance of the services
provided for herein, the Cityshallpay the Consultant a monthly fee of
Fifteen Thousand Dollars ($15,000) during theterm hereof The Cityshall
also pay the Consultant's reasonable travel expenses incurred in
connection with work done in furtheranceof the scope of services hereof
The Consultant shall submit to the City a monthlyinvoice or billing
statement, and theCityshall process the invoice or statement in the next
Page 2 of 7
RES.B
billing/claimcycle followingreceipt of the invoice or statement, and shall
remit payment to the Consultant thereafter in thenormal course
8 Term of Agreement
The Term of this Agreement shall commence on thedate hereof or on the
1st day of January, 2012, and shall terminate on the 31st day of
December, 2012, unless otherwise agreed to in writing by theparties
9 Ownership and Use of Documents
All documents, reports, memoranda, and any other materials created or
otherwise preparedby the Consultant as part of his performanceof this
Agreement (the "Work Products") shall be owned by and become the
property of the City, and may be used by the City forany purpose
beneficial tothe City
10 Records Inspection and Audit
All compensation payments shall be subject to the adjustments forany
amounts found upon audit or otherwise to have been improperlyinvoiced,
and all records and books of accountspertaining toany work performed
underthis Agreement shall be subject to inspection and audit by the City
for a period of up to three (3) years from the final payment forwork
performed under this Agreement
11 Continuation of Performance
In the eventthat any dispute or conflictarises between the partieswhile
this Contract is in effect, the Consultant agreesthat, notwithstanding such
dispute or conflict, the Consultant shall continue to make a good faith
effort to cooperate and continue work toward successful completion of
assigned duties and responsibilities
12 Administration of Agreement
This Agreement shall be administered byNina Collier, on behalf of the
Consultant, and by the Mayor of the City, ordesignee, on behalf of the
City Any written notices required by the terms of this Agreement shall be
served on or mailed to thefollowing addresses
City of Auburn Consultant
Auburn City Hall Washington2 Advocates, LLC
25 West Main Street P 0 Box 1462
Auburn, WA 98001-4998 Bellevue, WA 98009
253) 931-3000, 425) 467-6900,
Fax (253) 288-3132 Fax (425) 467-1037
nina collier @Washington2advocates corn
Page 3 of 7
RES.B
13 Notices
All notices or communications permittedorrequired 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, postageprepaid, for
mailing by certified mail, return receiptrequested, and addressed, if to a party of
this Agreement, to the addressfor the party set forth above, or if to a person not
a party to this Agreement, to the addressdesignated by a party to this
Agreement in the foregoing manner
Anypartymay change his, her or its address by givingnotice 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.
14 Insurance
The Consultant shall be responsible for maintaining, during the term of this
Agreement and at its sole cost and expense, the types of insurancecoverages
and in the amountsdescribed below The Consultant shall furnish evidence,
satisfactory to the City, of all such policies During the term hereof, the
Consultant shalltake out and maintain in full force and effect the following
insurance policies.
a. Comprehensive public liability insurance, including automobile and
property damage, insuring the City and the Consultantagainst loss or
liability fordamages for personalinjury, death orproperty damage arising
out of or in connection withthe performance by the Consultantof its
obligations hereunder, with minimum liability limits of $1,000,00000
combined single limit forpersonalinjury, death or propertydamage in
anyone occurrence
b Such workmen's compensation and other similar insurance as may be
required by law
c. Professional liability insurance with minimumliability limits of$1,000,000
15 Indemnification
The Consultant shall indemnify andhold harmless theCity and its officers,
agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by any
reason of or arising out of the negligent act or omission of the Consultant, its
officers, agents, employees, or any of them relating toor arising out of the
performance of this Agreement. If a final judgment is rendered against the City,
its officers, agents, employees and/orany of them, or jointly against theCity and
the Consultant and their respectiveofficers, agents and employees, or any of
them, the Consultant shall satisfy the same to the extentthat such judgment was
due to the Consultant's negligent acts or omissions
Page 4 of 7
RES.B
16 Assignment.
Neither party to this Agreement shall assignanyright or obligation hereunder in
wholeor in part, without the priorwritten consentof the other party hereto No
assignment or transferof any interest under this Agreement shall be deemed to
release the assignor from any liability or obligationunder this Agreement, or to
cause any suchliability orobligation tobe reducedto a secondary liability or
obligation
17 Amendment, Modificationor Waiver
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifyingwith particularity the nature and extentof such
amendment, modificationor waiver Anywaiver by anypartyof any default of the
other party shall not effect orimpair any rightarising from any subsequent
default.
Nothingherein shall limit the remedies or rights of the partieshereto under and
pursuant tothis Agreement.
18 Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party
if the other partyfails substantially to perform in accordance withthe terms of this
Agreement through no faultof the party terminating the Agreement.
The City may terminate this Agreement upon not less thanseven (7) days written
notice to the Consultant if the servicesprovided for herein are no longer needed
from the Consultant.
If this Agreement is terminated through no fault of the Consultant, the Consultant
shall be compensatedfor servicesperformedprior to termination in accordance
withthe rate of compensation provided herein
19 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 contractualrelationshipwith or exist for the benefit of anythird party, including
contractors, sub-contractors and their sureties
Page 5 of 7
RES.B
20 Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce anyrights,
responsibilities or obligationsunder this Agreement, theprevailing parties shall
be entitled to receive its reasonable costs and attorney's fees.
21 Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with thelawsofthe State of Washington and venue for
anyaction hereunder shall be in of the county in Washington State in which the
property or project is located, and if notsite specific, then in King County,
Washington, provided, however, that it is agreed and understoodthat any
applicablestatute of limitation shall commence no later thanthe substantial
completion by the Consultantof the services.
22 Captions, Headings and Titles
All captions, headings or titles in the paragraphs orsections of this Agreement
are inserted for convenienceof reference only and shallnot constitute a part of
this Agreement or act as a limitation of the scope of the particular paragraph or
sections to which they apply Asused herein, where appropriate, the singular
shall include the plural and vice versa and masculine, feminine and neuter
expressions shall be interchangeable Interpretationorconstruction 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
23 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
shallnot affect the validity of the remainder of this Agreement.
24 Entire Agreement.
This Agreement contains the entireunderstanding of thepartieshereto in respect
to the transactions contemplatedhereby and supersedes all prior agreements
and understandings between the parties with respect to such subjectmatter
25 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 theparties and delivered to the other
party
Page 6 of 7
RES.B
IN WITNESSWHEREOF, the partieshereto have caused this Agreement tobe
executedeffective the day and year first set forth above
CITY OF AUBURN WASHINGTON2 ADVOCATES, LLC
By Peter B Lewis, Mayor By Nina Collier, Partner
Attest:
Danielle E. Daskam City Clerk
Appro -d as to form
I'
iel'B 'Hei f A
Page 7 of 7
ti
RES.B
1
J
M1
RESOLUTION NO 4 77 1
A RESOLUTION OF THECITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE' A
CONTRACT WITH WASHINGTON ADVOCATES,
LLC, FOR CONSULTINGSERVICES
WHEREAS, the City is engaged in orreadying itself tobe engaged in
various municipal functions, tasks and projects, and
WHEREAS, it is in the City's bestinterests to have available the services
of qualified consultants who will be able to assist theCity on projects related to
federal appropriations, and
WHEREAS, the City desires to retain Washington Advocates, LLCto
provide such services, and
WHEREAS, WashingtonAdvocates, LLC, is qualified and able to provide
such consulting services in connection with the City's needs, and is willing and
agreeableto providesuch services upon the terms and conditions herein
contained
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBYRESOLVES as follows
Section 1 That the Mayor and the City Clerk are authorized to execute
an agreement in substantialconformity with the Agreement attachedhereto,
marked as Exhibit "A" and incorporated herein by thisreference
Section 2. That theMayor is authorized to implement such administrative
procedures as may be necessaryto carryoutthe directives of this legislation
Resolution No4771
November 10 2011
Page 1 of 2
RES.B
Section 3. That this Resolution shall take effect andbe in full force upon
passage and signatures hereon
Dated and Signed this day of 2011
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam,
City Clerk
ATTEST AS TO FORM
Daniel B Heid,
City Attorney
Resolution No4771
November 10, 2011
Page 2 of 2
r.
RES.B
M E M O R A N D U M
TO: Mayor Pete Lewis and Carolyn Robertson
FROM: Washington2 Advocates and Thompson Smitch Consulting Group
DATE: November 14, 2011
SUBJECT: 2011 Accomplishments and 2012 Priorities
--------------------------------------------------------------------------------------------------------------------
As 2011 comes to a close, below please find a review of the activities of your federal lobbying
team this year on behalf of the City of Auburn and goals for 2012. Each firm, Washington2
Advocates (W2A) and Thompson, Smitch Consulting Group, brings a unique set of skills,
background and relationships that together help advance the goals of the City of Auburn. While
our focus is federal issues, we are a part of the City’s team assisting with important priorities at
the state and local level as well.
SUCESSES IN 2011
x Defend the Public Works Trust Fund -- In conjunction with partners in Olympia the
Auburn team successfully defended the City’s position within the Public Works
Trust Fund. This required a great deal of work within an exceptionally short
timeframe.
x Game Farm Park -- We worked with the City and State Agency leadership to reach a
potential deal for the remaining Game Farm Park property. Leveraging historical
relationships with leadership at the State Agencies, the Auburn team was able to
navigate the State regulatory environment and assemble a possible pathway for
success in securing the remaining four plus acres of the Game Farm Park property in
perpetuity, thus avoiding the scheduled public auction for the property.
x Historic Post Office -- We have worked extensively with the King County Executive’s
team to negotiate the sale of the Historic Post Office either to the City or to a local buyer.
We have provided strategic counsel and support to ensure the County understands this is
a City priority.
x Regional Firing Range -- Our team, rolled out an effort to secure funding sources for
the Regional Firing Range with help from the Federal Delegation. Although the
Federal budgetary climate is presently difficult, the Auburn team was able to work
RES.B
with the City and the Federal delegation to secure critical meetings and briefings with
potential funding partners. Key to this effort is the Homeland Security construct
within Washington State. The team has been able to secure a briefing with
Homeland Security leadership while at the same time briefing and gaining support
from several Federal law enforcement agencies. We also assisted the City with an
effort to develop letters of support from several local law enforcement agencies and
potential partners.
x M Street Project -- Our team provided strategic counsel regarding the M street grade
separation project, developing an alternative federal funding option for the City including
grant options and a strategic plan engaging Senator Murray’s office.
x Federal Funding -- The government relations team has been heavily involved in
advocating for Auburn specific issues and protecting programs the City values most. Our
teams have tracked, provided analysis, and advocated on behalf of funding with our
delegation for several federal programs important to the City including: High Speed Rail
funding, COPS funding, Community Development Block Grant funds among others.
With heavy budget cuts worsening on a yearly basis the Federal Government is regularly
proposing initiatives that could negatively impact the City of Auburn. Through our work
the delegation has been effective at blunting as much harmful policy as possible
x Water and Flooding Issues -- Our team, performed extensive contingency planning
on behalf of the City of Auburn concerning Howard Hansen Dam, city levees, the
Corps, and FEMA. The Auburn team possesses a longstanding historical perspective
and working knowledge on flooding issues as a result of past work on Howard
Hansen Dam and with the Corps. As a result the team was able to strategically plan
for City options dependent upon the result of the final FEMA appeal. We have
consistently communicated with the federal delegation, King County staff, and
agency staff on issues of importance to Auburn whether the appeal of FEMA
emergency funds for flooding preparation or on levee issues.
x Federal Legislation -- We have also worked with the delegation to support legislation or
key provisions in legislation important to the City. A few examples include:
o Congressman Reichert’s introduction of a fix for Health Reimbursement
Accounts, and the Valley Cities Water Resources Development Act requests.
o Transportation Reauthorization: We monitored action in the House and Senate on
SAFETEA-LU, legislation that authorizes funding for federal transportation
projects and briefed senior congressional staff on the requests for the City of
Auburn.
x Washington State Government -- We worked with the City on an ongoing basis to
execute outreach to the Washington State Legislative leadership and the Governor’s
office on issues of critical interest. The Auburn team has been effective leveraging
existing Washington State Legislative and Office of the Governor contacts to protect
vital funding streams at the State level. Auburn and cities across the State have and
will face serious efforts to cut State funds that historically go towards police and fire
amongst other important services. With massive budget shortfalls in Olympia, the
RES.B
Auburn team is persistent in efforts to ensure that Auburn does not endure grave
budget cuts.
x Building Relationships -- We helped on several challenging issue management projects
outside our traditional scope of work, and helped build stronger relationships for the City
with organizations that frequently create challenges and opportunities for Auburn. Those
projects involved outreach to the following groups: newly elected members of the state
legislature, lobbyists and consultants working on projects with other entities that
potentially benefit or harm Auburn, Sound Transit board members and senior
management, Port of Seattle commissioners and senior staff a variety of elected council
members and staff from the King County Council, and senior executives at Puget Sound
Energy.
WORK PLANNED FOR 2012:
In 2012, we plan on working with the City of Auburn on the following projects and issues:
x The federal and state budget climates demand a different approach in the coming years,
the City will need a robust plan to actively engage funding agencies in its projects to be
successful securing funds. We will work with the City of Auburn to strategize on the FY
2013 opportunities to include funding for:
x Regional Tri-trails project;
x Regional Training Center and Firing Range for law enforcement;
x Completion of the Historic Post Office Sale; and
x Game Farm Park
x We will continue to work with the City on federal funding opportunities through the
Water Resources Development Act.
x We will continue our work with the City on water management issues around flooding –
whether Howard Hansen Dam, FEMA reimbursement, or levee certification.
x We will work to advance the City’s priorities as reauthorization of SAFETEA-LU makes
its way through the legislative process. This legislation has the potential to provide
funding for Auburn transportation projects. Seizing those opportunities will require a
strategic and aggressive lobbying approach that we look forward to helping you manage
and execute.
x We will continue to monitor bills and provide strategic guidance and counsel on engaging
with the congressional delegation on rail and Amtrak issues.
x We will continue to monitor any legislative and regulatory activity related to the Indian
Gaming Regulatory Act.
RES.B
x We will continue to promote the expansion of key relationships in the region, DC and
local staff of Members of Congress, senior staff and commissioners at the Port of Seattle
and to regional political appointees (FEMA, EPA, NOAA Fisheries and HHS).
x We will continue ongoing strategic discussions with City staff regarding these and other
issues of significance to Auburn.
CONCLUSION
Your federal team very much enjoys the opportunity to work on behalf of Auburn. We have had
great success together, and we are looking forward to a productive 2012. Thank you for your
business and for the time you have invested with us. We look forward to working with you
throughout the year on these and other key projects for the City.
RES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4775
Date:
November 22, 2011
Department:
Human Resources
Attachments:
Resolution No. 4775 and Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution 4775.
Background Summary:
Resolution No. 4775 authorizes the Mayor and City Clerk to execute and publish an
amended Deferred Compensation Plan for the City of Auburn that complies with the new
provisions of federal law that deal with government deferred compensation plans.
A4.1.4
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Backus Staff:Heineman
Meeting Date:December 5, 2011 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C
I• 4
7
RESOLUTION NO 4 775
A RESOLUTION OF THECITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THEMAYORAND CITY CLERK TO EXECUTE AND
PUBLISH AN AMENDED DEFERRED
COMPENSATION PLAN FOR THECITY OF
AUBURN THAT COMPLIES WITHTHE NEW
PROVISIONS OF FEDERALLAW THAT DEALWITH
GOVERNMENT DEFERRED COMPENSATION
PLANS
WHEREAS, the Auburn City Council, at its regular meeting of June 15,
1981, adopted Ordinance No 3644, which adopted a deferred compensation
plan for the City of Auburn, and
WHEREAS, that plan was last updated in 2002 to comply with the
provisionsof the Economic Growth and TaxRelief Reconciliation Act
EGTRRA) of 2001, whichprovided a number of enhancements to Section 457
of the Internal Revenue Code , and
WHEREAS, federal tax laws and regulations concerning deferred
compensationcontinue to change, and
WHEREAS, the City and its deferred compensation providers must
comply with those changes, and
WHEREAS, it is expectedthatperiodicallythere will be other changes to
the laws and/or regulations related to the plan which do not adverselyaffect the
Resolution No 4775
November 9 2011
Page 1 of 3
RES.C
ti
plan and that do not materially affect participantchoices, over which the City
has no control, and
WHEREAS, it would be appropriate that anysuch future changes to the
planbe addressed administratively by the Mayor or designeewithout the matter
having to come back beforethe City Council for action
NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows
Section 1. The Mayor of theCity of Auburn and the Auburn City Clerk
are hereby authorized to execute and publish the amended Deferred
Compensation Plan, which Plan shall be in substantialconformity with the Plan
attachedhereto as Exhibit "A."
Section 2. The Mayor is hereby authorized to implement such
administrativeprocedures as may be necessary to carryout the directives of
this legislation, includingthe authorization to implement and make changes to
the plan consistent with those periodic changes tothe laws and/or regulations
related to the plan whichdo not adverselyaffect the plan and that do not
materiallyaffectparticipantchoices without the need for bringing such plan
changes back to the City Council for action
Section 3. Thisresolution shall be in full force and effect upon
passage and signatures hereon
Resolution No 4775
November 9, 2011
Page 2 of 3
RES.C
Dated and signed this day of 2011
CITY OF AUBURN
PETER B LEWIS, MAYOR
ATTEST
Danielle E Daskam, City Clerk
APP •VE I S TO FORM
4 9qI
t,aniel i• CityAttor
Resolution No 4775
November 9 2011
Page 3 of 3
Y `
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EXHIBIT A
CITY OF AUBURN
DEFERRED COMPENSATIONPLAN
November 7,201I Exhibit A 1
Resolution 4775
November 10.2011
4
r
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CONTENTS
Introduction 124
Article 1 .— Definitions 124
Article II — Participation in the Plan 323
Article III — Deferral Limits 323
Article V — Benefits 726
Article VI —Withdrawals for Unforeseeable Emergencies 9229
Article VII — Intentionally Deleted 10210
Article VIII - Plan to Plan Transfers 11211
Article.IX.— Administration 13213
Article X - Assignment of Benefits 14244
Article XI.— Plan Assets 16216
Article XII — Amendment or Termination of Plan 17217
Article XIII — Relationship to other Plans 17217
Article XIV — Interpretation 17217
November 7,20I I Exhibit A 2
Resolution 4775
November 10,2011
RES.C
Introduction
The Employer adopted a Deferred Compensation Plan on June 22, 1981 to attract and
retain employees. The Plan has been amended from time to time In order to further the
purposes of the Plan and to comply with --• -.• - e "e - •- -- •e•••- - - • - - -
Relief Reconciliation Act of 2001 ("EGTRRA") and other recentchanges in law, theEmployer
herebyadopts the following amended and restated Plan;generallyeffectiveJanuary 1, 2002,
exsept2011. Certain specific provisions have earlier effective dates as et ierwise-required by
law and as provided herein. This amended and restated Plan is intended as good faith
compliance with the requirements of EGTRRAaII applicable law and isquidance up toand
including the "2010 Cumulative List" (IRS Notice 2010-90). The Planshall be construedwhere
applicable-in accordance withEGTRRAaII applicable law and guidance issued thereunderin
order to maintain its status as an eligible deferred compensation plan underCodesection
457(b)
Article 1 — Definitions
1 01 APPROVED INSTITUTION Any insurance company, bank, or other financialinstitution
approved by the Plan Administrator to provide annuity contracts, trust accounts, or
custodial accounts to the Participantsunderthe Plan. Thecustodian of any custodial
account created pursuant to the Plan must be a bank, as described in Section section
408(n) ofthe Code, or a person who meetsthe nonbanktrusteerequirements of
paragraphs (2)-(6) of section 1 408-2(e) of theIncome Tax Regulations relating tothe
use of non-bank trustees. An insurance company issuing any annuitycontracts must be
qualified to do business in thestate where the contract was issued. Any contract or
account established pursuant to thissection 1.01 shall satisfythe requirements ofCode
section 401(f) andshall be deemed a Plan asset held in trust in accordance with Article
XI.
1 02 BENEFICIARYAny personor entitydesignated by the Participant to receive benefits
payable after thedeath of theParticipant. Any such designation shall be in writing
delivered to the Plan Administrator beforethedeathofthe Participant, and shall revoke
all prior designations. If the Participant has not designated a Beneficiary, or if no
designated Beneficiarysurvives the Participant, then the Beneficiary is the Participant's
estate. ABeneficiary is deemed notto have survivedthe Participant if he or she dies
within 30 days after the Participant. A beneficiarydesignation may be joint or contingent
or both Unless otherwise stated,joint Beneficiaries are entitledto equal shares. A
contingent Beneficiary is entitled to a benefitonly if there is no survivingprimary
Beneficiary A benefitelectionmade by a Participant may be binding on any such
Beneficiary subject to the right of a Beneficiary to defer payments to theextent permitted
under Sestionsection 5 06 of the Plan
1 03 CODEThe Internal RevenueCode of 1986, as amended, orany future United States
internal revenue lawacluding. Reference toanyCode section shall also refer to all
applicable regulations and other binding guidance issued
thereunder
1 04 COMMITTEE. Compensation Committee hereinafter referred to as "Committee,"
established by Ordinance No 3644 ofthe City of Auburn, Washington. The Committee
shall consist of an administrative unit consisting of three personsappointed fromtime to
time by the Employer which shall have theduties defined in this Plan
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cncrmal:eateat-Matte • ... I .! . ! • 56).7....
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1 05 COMPENSATION Thetotalannual remuneration for employment payable by the
Employer that constitutes wages within the meaning of Code section 3401(a) (for
purposesof income'tax withholding at the source) plus amounts thatwould be included
in thefederal grossincomeof the Participantwages but for an electionunder Code
section 125(a) {cafeteria plans}, 132(fl(4) {qualified transportationfringe}, 402(e)(3)
401(k) and 403(b) deferrals}, 402(h)(1)(B) {SEP contributions}, 402(k) {SIMPLE
retirement account contributions}, or 457(b) {this and any similar plan(s)}
1 06 DEFERRAL AGREEMENT A writtenagreement between theEmployer and a
Participant under which a designated amount of Compensation not yet earned will be
deferred in accordance withthe provisions of the Plan
1 07 ELIGIBLE INDIVIDUAL. A regular full-time employee of the Employer, a regular part-
time employee of the Employer, or an individual performing services for the Employer
either by appointment or election. Eligible individual shallnot include any temporary
employee (as defined by the Employer), any contractemployee (as defined by the
Employer), or any independent contractor not mentioned in the previous sentence (as
that term is defined by the Employer, regardless of whether such classification is
controlling for federal employment-taxpurposes or under any applicablestate law)
1 08 EMPLOYER. Cityof Auburn, Washington
1 09 INCLUDIBLE COMPENSATION Thatamount of Compensation includible in the
Participant's federal gross income, determined without regard to any community property
laws Includible Compensation does not include deferrals under this Planor any other
amounts excludable fromthe Participant's gross income under other provisions of the
Code
1 10 INVESTMENTPRODUCTAnyproduct offered through an Approved Institution and
authorized by the Plan Administrator forinvestment of a Deferred Compensation
Account, provided that such product conforms to therequirements prescribed by law
1 11 NORMAL RETIREMENT AGE. The Normal Retirement Age is age 70% unless another
age is determined as follows
a) At any time or timesprior to severance from employment withtheEmployer and
prior to any use of theCatch-up Limitation provision ofSectionsection.3 03 of the Plan,
theParticipant may elect for his orherNormal Retirement Ageto be any age which is
not earlier thanthe earliest age at whichtheParticipant has theright to retireand
receiveunreduced retirementbenefits from theEmployer's basic pension plan, and (ii)
not later than age 70'%. Any such election shall be made by the Participant in writing
delivered to the Plan Administrator
b) If a Participant continues in the service of the Employer after age 70%and has not
used theCatch-up Limitation provisionof Sectionsection 3 03 ofthe Plan, then his or her
Normal Retirement Age is his or her actual date of severance from employment with the
Employer or any earlier age which theParticipant may elect prior to any use of the
Catch-up Limitation Any such election shall be made by the Participant in writing
delivered to the Plan Administrator
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c) Once a Participant has to any extent utilizedthe Catch-up Limitationof
Sectionsection 3 03 of the Plan, such Participant's Normal Retirement Age shall be
determined solely by reference to that age used for purposes of Sestionsection 3 03 of
the Plan, and maynot thereafter by changed
1 12 PARTICIPANT Any Eligible Individual or former EligibleIndividualwho is or has been
enrolled in the Plan under Article II of the Plan and who retainsthe right to benefits
underthe Plan
1 13 PLAN This Deferred Compensation Plan, as set forth in this document, as the same is
now ormay hereafter be amended or restated.
1 14 PLAN ADMINISTRATOR. The Committee
1 15 PLAN YEAR. The calendar year
Article II — Participation in the Plan
2.01 ENROLLMENT IN THE PLAN Any Eligible Individual may become a Participant on the
enrollment date following execution of a Deferral Agreement. For purposes ofthis Plan,
the enrollment date is the firstday ofeachmonth of the Plan Year Compensation will
be deferred after a Deferral Agreement is executed by the Participant and approved by
the Plan Administrator, but in no event shall such deferralstart before the beginning of
the next calendar month after execution of the Deferral Agreement. Pursuant to a
Deferral Agreement, each Participant's deferral shall be deducted from his or her
paycheck in approximately equal increments throughout theyear The deferral shall not
be included as grossincome on a Participant's federal income tax withholdingstatement
W-2 Form)
2 02 MODIFICATION OF DEFERRAL AGREEMENT A Participant may change the amount
deferred with respect to Compensation not yetearned by entering into a new Deferral
Agreement. Any such change will be effectivethe next calendar monthprovided that the
information is received two weeks prior and that such newDeferral Agreement is
executed by theParticipant and approved by the Plan Administrator
2 03 REVOCATION OF DEFERRAL AGREEMENT A Participant may discontinue deferrals
with respect to Compensation not yet earned by revokingtheexisting Deferral
Agreement. TheParticipantmust notify the Plan Administrator of such revocation in
writing Any such revocation is effective and the Participant's full Compensation will be
restored in themonth following the month in which the Plan Administrator receives such
written notice
2.04 RENEWEDPARTICIPATION A Participant who has ceased to be an active Participant
on account of a revocation of his orher.Deferral Agreement or a severance from
employment with theEmployer mayagain become an active Participant in the Plan
under Sectionsection 2.01 of the Plan, effective as of the next enrollment date, at any
time he or she is an EligibleIndividual
Article Ill — Deferrals Limits
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301 MINIMUM DEFERRAL. The minimum amountwhich may be deferred under any
Deferral-Agreement is $25 00 permonth
I 3 02 MAXIMUM ANNUAL DEFERRAL. Except as provided in Sectionssections3 03 and
3 05 of the Plan, the maximum amountwhichmay-be deferredunderthe Plan for any
taxable year of the Participant(other than rolloveramounts).is thelesser of
a)the applicable dollar amount; or
b) 100% of the Includible Compensation ofthe Participant for the year
The "applicable dollar amount" for purposesof this Sectionsection 3 02 of the Plan shall
mean theamountdetermined in accordance with the following table
For taxable years beginning in calendar year Theapplicable dollar amount:
20022011 11,000$16,500
20032012 4-217,000
2001 000
2405 447000
2006 or thereafter 15,000
In the case of taxable yearsbeginningafter December 31, 20062012, the $4-517,000
applicable dollar amount shall be adjusted by the Secretary of the Treasury in
accordance with Code Sectionsection 457(e)(15)
3 03 CATCH-UP LIMITATIONA Participant may trigger the Catch-up Limitationdescribed in
this Sectionsection 3 03 of the Plan by electing a Normal Retirement Age pursuant to
Sectionsection 1 11 of this Plan Themaximum amount which may be deferredunder
the Plan for each of the last three taxable years.ofthe Participant endingpriorto butnot
including the year the Participant attains Normal RetirementAge is thelesserof
a) twice the "applicable dollar amount" (as defined in Code Sectionsection
457(b)(2)(A)), or
b) the sum of the Normal Limitation set forth in Sectionsection 3 02 of the Plan
determined without regard to this Sectionsection 3 03 of the Plan) plus the Prior
Underutilized Limitation described in Sectionsection 3 04 of the Plan
A participant may elect to utilize theCatch-up Limitation with respect toonlyone Normal
RetirementAge in this Plan orany othersimilar plan notwithstanding the factthat the
Participant mayhave utilized the Catch-up Limitation in less than all-of thethree eligible
years. Thus, if a Participant uses the Catch-up Limitation and thenpostpones Normal
Retirement Age or returns to work after retiring, the limitation shall not be available again
before a subsequent retirement.
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3 04 PRIOR UNDERUTILIZED LIMITATION The PriorUnderutilizedLimitation is so much of
the Normal Limitationwhich has been underutilized in all prior taxable years since
January 1, 1979, providedthat:
a) during anyportion of thattaxable year, theParticipant was eligible to participate in
the Plan or any similar plan of the same Employer or ofanother state or local
government employer in thesame state, and
b) during thattaxableyear, the Plan or similar plan was subject to Code Sectionsection
457
3 05 CATCH-UP CONTRIBUTIONS FOR EMPLOYEES AGE 50 AND OVER. All Eligible
Individuals under this Plan who have attained age 50 before the close of the Plan Year
shall be eligible to make catch-up contributions in accordance with, and subject to the
limitations of, Sectionsection 414(v) of the CodeSuchcatch-up contributions shall not
be taken into accountfor purposes of theprovisions of the Plan implementingthe
required limitations of Code Sectionsection 457 The Plan shall not be treated as failing
to satisfy the provisions of the Plan implementing the requirements set forth in Code
Sectionsection 414(v)(3)(B), as applicable, by reason of the making of such catch-up
contributions.
Theadditionalelectivedeferrals which may be deferredunder the Plan pursuant to this
Sectionsection 3 05 of the Plan for any taxableyear ofthe Participant is the lesser of
a) the applicable dollaramount; or
b) the excess (ifany) of(i) the participant's compensationfor the year, over (ii) any
other elective deferrals of the participant for such year which are made without regard to
Sectionsection 414(v) of the Code
The "applicable dollar amount" for purposes of this Sectionsection 3 05 of the Plan shall
mean theamount determined in accordance with thefollowing table
For taxable years beginning in. The applicable dollar amount:
20022011 4,000$5,500
20032012 2,000$5,500
200,1 13;000
2005 4•000
2006 or thereafter 5,000
In thecase of taxable yearsbeginning after December 31, 28062012, the $5,000500
applicable dollaramount shall be adjusted by the Secretary of the Treasury in
accordance with Code Sectionsection 414(v)(2)(C)
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Notwithstanding the foregoing, this Sectionsection 3 05 of the Plan shall not apply for
any year in which the Catch-up Limitation described in Sestionsection 3 03 of the Plan
applies
3 06 LIMITATIONThe maximumamount of compensation ofany one individualwhich may
be deferredunder this Plan duringany taxable year shall not exceed the amount in
effect under Code Sectionsection 457(b)(2)(A) (as modified by any adjustment provided
underCode Sectionsection 457(b)(3))
3 07 COMPENSATION AT PRESENT VALUE. For the purpose of applyingthe limits ofthis
Article Ill of the Plan, Compensation deferredunder this Plan shall be taken into account
at its presentvalue in the year allocated to the Participant or in such later year in which it
becomes vested
3 08 ADJUSTMENT OF DEFERRAL AGREEMENTS The Plan Administrator may adjust
anyDeferral Agreement to disallow any deferral of Compensation under the Plan in
excess of the limitations stated above. However, neither the Employer northe Plan
Administrator shall be held liable to a Participant if the Plan Administrator fails to disallow
an excessdeferralelected under any Deferral Agreement.
Article IV— Deferred Compensation Accounts
4 01 ACCOUNTS ESTABLISHED The Employer shall establish a DeferredCompensation
Accountfor each Participant. All amounts of Compensationdeferred pursuant to the
Plan, all property and rights purchased withsuch amounts, and all income attributable to
such amounts, property, orrights, such as the Deferred CompensationAccount, shall be
held in one or moreannuity contracts, trusts, or custodialaccounts with an Approved
Institution meetingthe requirements of Code Sectionsection 457(g) and held for the
exclusivebenefit of theParticipants and Beneficiaries. Theassets of any Deferred
Compensation Account maynot be used for or diverted toany purposesother than the
provision of benefits under the Plan. Forthis purpose, the term "annuity contract" does
not include a life, healthor accident, property, casualty, or liabilityinsurancecontract.
4 02 ELECTIVEDEFERRALS The Employer shall deposit the amount deferredunder a
Deferral Agreement to the Deferred Compensation Account of the Participant within a
period that is not longer than is reasonable for the properadministration of the accounts
of Participants. To comply with this requirement, all amounts of Compensation deferred
underthe Planshall be transferred to a contract described in Sectionsection 401(f) of the
Code not later than 15 businessdaysafterthe end of themonth in which the
Compensation wouldotherwise have been paid to the employee
4 04 INCOME AND LOSS ON ACCOUNTS TheDeferred CompensationAccount of each
Participant shall be adjusted for the net income, gains, and lossesrealized by such
Account.
4 05 INVESTMENT OF ACCOUNTS Pursuant to procedures established by the Plan
Administrator, each Participant may fromtime to time designatethe InvestmentProduct
in which his or herDeferred Compensation Account willbe invested The Employer and
Plan Administrator shall not be responsible for the investment or performance results of
any InvestmentProduct. The Plan Administrator may from time totime change the
InvestmentProduct(s) available under the Plan. The Participants shall have no rightto
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require the Administrator to select or retain any InvestmentProduct. If the Administrator
eliminates an Investment Product, the Plan Administrator may require all amounts
invested in that optionto be reinvested in another InvestmentProductavailable under
the Plan. If at any time a Participant fails to designate the Investment Product(s) in
which his or herDeferred Compensation Account is to be invested or re-invested, then
the Plan Administrator may make such designation
Article V— Benefits
5 01 AMOUNT OF BENEFITSThebenefitspayableunder the Plan to a Participant or his or
her Beneficiary shall equalthe balance in the Participant's Deferred Compensation
Account. After benefits commence, the Participant's DeferredCompensation Account
shall continue to be adjusted for the net income, gains, or losses realized by such
Account.
5 02 RESTRICTIONS ON DISTRIBUTIONS No benefits or other amounts will be payable
underthis Plan to a Participant or his or her Beneficiary earlier than
a) the calendar year in which the Participant attains age 70%,
b) the Participant's severance from employment with the Employer; or
c) an Unforeseeable Emergency of theParticipant as provided in Article VI of the Plan
5 03 FORM OF BENEFITS Unless otherwise elected under this provision, benefits underthe
Plan shall be paid in the form of a lump sum If theDeferred Compensation Account of a
Participant is greater than $5,000, then, subject to the requirements of Article IV of the
Plan, the Participant or Beneficiary may electto have benefits paid in any alternative
form of paymentavailable to theParticipant from the Approved Institution holding the
Deferred CompensationAccount at any time before the benefitbecomes payableTo
the extentpermitted by the Approved Institution, the Participant may also elect to receive
benefits in theform of an in-kind distribution of the assets of the Deferred Compensation
Account. Anysuchelections must be made at least thirty (30) days prior to the date
payments are tobegin
5 04 COMMENCEMENT OF BENEFITS Benefits under the Plan shall normally be payable
sixty (60) days afterthe closeof the Plan Year in whichtheParticipant has a severance
from employment with the Employer; provided, however, the Participant may elect, sixty
60) calendar days priorto such normalor any deferredcommencement date, to defer
the beginningofsuchpayments, oranyportion of such payments, to a laterfixed and
determinable date provided that it is no later than sixty (60) days after theend of the
Plan Year in which the Participant willattain Normal Retirement Age, provided further,
that a Participant is also entitled to theadditional deferral electiondescribed in
Sectionsection 5 09 of this Plan
5 05 MINIMUM DISTRIBUTIONS DURING LIFE. TheRequiredBeginning Date for a
Participant is April 1 of the calendaryearfollowing the later of(i) the calendaryear in
which the Participant attains age 70%, or(ii)the calendar year in which the Participant
retires. No later thantheRequiredBeginning Date
a) the entire Deferred Compensation Account of a Participant must be paid in full; or
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b) distributions from the Deferred Compensation Account of a Participant must begin, in
accordance with Treasury Regulations under Code Sectionsection 401(a)(9), overthe
life of such Participant or over the lives of such Participant and a designated Beneficiary
or over a periodnot extending beyond the life expectancy of such Participant or the life
expectancy of such Participant and a designatedBeneficiary)
All distributions made hereunder shall be made in accordance with the requirements of
Code Sectionsection 401(a)(9) and the Treasury regulations thereunder
Notwithstanding thissection 5.05 and sections 5.06-5.07, this Plan shall be deemed to
have complied withthe minimum distribution requirementsfor all applicable years in
which the Plan complies with a reasonable and qood-faith interpretation of Code section
401(a)(9), including provisions relating to the suspension ofminimum distribution
requirements for 2009.
5 06 MINIMUM DISTRIBUTIONS AFTER DEATH If a Participant dies after the distribution of
the Participant's interest has begun in accordance with Sectionsection 5 05(b) of the
Plan, but before the Participant's entire interest has been distributed to him or her, the
remaining portion of the Deferred Compensation Account of the Participantmust
continue to be distributed at least as rapidly as underthe methodof distribution being
used priorto the Participant's death. All payments made after the death of the
Participantmustcontinue to meet the incidental deathbenefit requirements ofCode
Sectionsection 401(a)(9)(G) and Sectionsection 1 401(a)(9)-2 of the Proposed Income
Tax Regulations.
If the Participant dies before distribution of his or her interest begins, distribution of the
Participant's entireinterest shall be completed by December 31 of the calendar year
containing the fifth anniversary of the Participant's death except to theextent that an
election is made to receive distributions in accordance with (a) or (b) below
a) if any portionof the Participant's interest is payableto a designated Beneficiary,
distributions may be made overthe life or over a period certain not greater than the life
expectancy of the designatedBeneficiarycommencing on or before December 31 of the
calendar year immediately following the calendar year in which the Participant died;
b) if the designatedBeneficiary is theParticipant's surviving spouse, the date
distributions are required to begin in accordance with (a) above shall not be earlier than
the laterof(1) December 31 of the calendar year immediately following thecalendar
year in which the Participant died, and (2) December 31 of the calendar year in which
the Participant would have attained age70-1/2.
I 5 07 LIFE EXPECTANCY CALCULATIONS Forthe purpose of Sestienssections 5 05 and
5 06 of the Plan, life expectancies are computed using the expected return multiples in
TablesV and VI of Sectionsection 1 72-9 of the IncomeTax RegulationsThe life
expectancies ofthe Participant and a spouse Beneficiary shall be recalculated annually
unless periodicpayments for a fixed period begin irrevocably (subject toacceleration) by
thedate payments are required to begin The life expectancyof any other Beneficiary
maynot be recalculated.
5 08 CASH-OUT OF SMALL ACCOUNTS The Deferred CompensationAccount of a
Participant shall be distributed to the Participant in a lump sum payment (at the request
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of the Participant) withinsixty (60) days after any Plan Year, provided that all of the
followingconditions aremet:
a) the total value of the Deferred Compensation Account does not exceed $5,000 (or
the dollar limit under Sectionsection 411(a)(11) of the Code),
b) the Participant has not deferred any amount of Compensation under the Plan during
thetwo-year period ending on the date of distribution, and
c) there has been no prior in-servicedistribution of the total amount payable to the
Participant underthe Plan
Effective March 28, 2005 and notwithstanding anything to the contrary in thissection
5 09--08, in theevent of any mandatory distribution of an account having a value
greater than $1,000, such amount shall be paid in a direct rollover to an individual
retirementaccountdesignated by the Plan unless the Participant elects to (i) receive the
distribution directly or (ii) have such distribution paid directly to an "eligible retirement
plan" in a direct rollover (in accordance with the direct rollover provisions of the Plan). A
mandatory distribution means a distribution without theParticipant's consent and before
the Participant attains Normal Retirement Age. A distribution to a surviving spouse or
alternate payee is not considered a mandatorydistribution.
5.09 ADDITIONAL DEFERRAL ELECTION If a Participant has elected, in accordance with
the Plan, to defer the commencementof distributions beyond thefirstpermissible payout
date, then the Participant may make an additional election to further defer the
commencement of distributions, provided that the election is filedbeforedistributions
actually begin and thelater commencement date meets therequired distribution
commencement date provisions ofSectionssections 401(a)(9) and 457(d)(2) of the
Code A Participant may not make more than one such additionaldeferral electionafter
the first permissible payoutdate For purposes of the this Sectionsection, the "first
permissible payout date" is the earliest date on whichthe Plan permitspayments to
begin after separation from service, disregardingpayments to a Participant who has an
unforeseeable emergency or attains age 70 1/2, or under the in-service distribution
provisions of the Plan This Sectionsection shall apply notwithstanding that a
Participant's priorelectionformregardingthe commencement of distributions indicated
that such election was irrevocable
5.10 USERRA DEATH BENEFITS. In the case of a participant who dieswhile performing
qualified military service (as defined in Code section 414(u) ), thesurvivors of the
participant shall be entitled to anyadditional benefits (other than benefitaccrualsrelating
to theperiod of qualified militaryservice) provided underthe plan had theparticipant
resumed and then terminated employment on account ofdeath.
Article VI —Withdrawals for Unforeseeable Emergencies
6 01 WITHDRAWALS FOR UNFORESEEABLE EMERGENCY TheParticipant may
withdraw an amountfrom his or herDeferred Compensation Account to the extent that
the Plan Administrator determines that such amount is reasonably necessarytosatisfy
an unforeseeable emergency of the Participant or his/her beneficiary, the participant's or
beneficiary's spouse, or the participant's or beneficiary's dependent as defined in Code
section 152(a) The emergency need must be one that cannot reasonably be relieved
I . .-_
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through reimbursement or compensation by insurance or otherwise, liquidationof the
assets of theParticipant or thoseof theParticipant's spouse or minor children (to the
extent that such a liquidation would not itself cause severe financial hardship), other
distributions orloansfromany employer plan, cessation of elective or voluntary
contributions to any employer plan, or borrowing from banks, credit unions, or other
commercial sources, or any combination ofthe foregoing
6 02 UNFORESEEABLE EMERGENCY DEFINE D For purposes of,thisArticle VI of the
Plan, the term "unforeseeable emergency" means a.severe financial hardship caused by
a sudden and unexpected illness or accidentincurred by theParticipant or his/her
beneficiary, the Participant'sparticipant's or beneficiary's spouse.,or theparticipant's or
beneficiary's dependent as defined in Code`Sectionsection 152(a)), loss of the
Participant's property due to casualty, or other similar extraordinary and unforeseeable
circumstances arising from events beyond'theParticipant's control Thisdoes not
include foreseeable expenditures normally budgetable, such as thepurchase of a home
or automobile or school expenses, nor does it include a divorce or separation
6 03 EFFECT ON BENEFITS A withdrawal for an unforeseeableemergency may be made
before or after benefitscommence under Article V of the Plan, however, the terms of an
optional form of payment may limit the availability of such a withdrawal In no event shall
the amount of a withdrawal for unforeseeableemergency exceed thebalance in the
Deferred Compensation Account at thetimeof withdrawal, and anyremainingbenefits
payable from theDeferred Compensation Account will be appropriately reduced to
reflect the withdrawal
Article VII —Intentionally Deleted.
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Article-VIII — Plan to Plan Transfers
8 01 ROLLOVER CONTRIBUTIONS TO THIS PLAN
The Plan will acceptparticipant rollover contributions and/or direct rollovers of
distributions made after December 31, 2001, from the following. (a) a qualified plan
described in Sectionsection 401(a) or 403(a) of theCode, including after-tax employee
contributions, (b) an annuity contract described in Sectionsection 403(b) ofthe Code,
excluding after-tax employee contributions, and (c) an eligible plan under Sectionsection
457(b) of the Codewhich is maintained by a state, political subdivision of a state, or any
agency or instrumentality of a state or political subdivision of a state
The Plan will also accept a participantrollover contributionof the portion of a distribution
from an individual retirementaccount or annuity described in Sectionsection 408(a) or
408(b) of the Code that is eligible to be rolled over and would otherwise be includible in
gross income
Any such transfer shall be in cash or in such form as the Plan Administrator may
determineacceptable Anyamounts transferred to the Plan shall be h eld and
administered under the terms of this Plan
I 8 02 TRUST TO TRUST TRANSFERS ("DIRECT ROLLOVERS") Notwithstanding any
provision of the Plan tothe contrarythat wouldotherwise limit a distributee's election
underthis Article, a distributee may elect, at the time and in the manner prescribed by
the Plan Administrator, to have any portionof an eligiblerollover distribution paid directly
to an eligibleretirement plan specified by the distributee in a direct rollover If any
portion of the balance to thecredit of an employee in the Plan is paid to the employee in
an eligible rollover distribution, the employee transfers any portion of the property such
employee receives in such distribution to an eligible retirement plan, and in the caseof a
distribution of property otherthan money, the amount so transferred consists ofthe
propertydistributed, then such distribution (to the extenttransferred) shall notbe
includible in gross income for the taxable year in which paid
8.02ADIRECTROLLOVER OF NON-SPOUSE BENEFICIARY DISTRIBUTION.
Non-spouse beneficiary rollover right. For distributions after December 31, 2009, a non
spousebeneficiarywho is a "designatedbeneficiary" under Codesection 401(a)(9)(E)
and the regulations thereunder may roll over, by a direct trust-to-trust transfer, all orany
portion of his/her distribution to an individual retirement account (including a RothIRA).
Thisprovision shall applyonly to a distribution that otherwisesatisfies thedefinition of an
eligible rolloverdistribution.
Certain requirements not applicable. The ability of a non-spousebeneficiary to make a
direct roll over shall notmake any such distributionsubiect to the directrollover
requirements of Code 4401(a)(31), the notice requirements ofCode &402(f), or the
mandatory withholding requirements of Code 43405(c). If a non-spouse-beneficiary
receives an actual distribution fromthe Plan, the distribution is not eligible for a '60-day"
indirect rollover.
Trust beneficiary. If the Participant's named beneficiary is,a trust, the Plan may make a
direct rollover to an individual retirement account on behalf of the trust, provided the trust
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satisfies the requirements to be a designated be neficiarywithin themeaning of Code
401(a)(9)(E).
Required minimum distributions not eligible for rollover. A non-spouse beneficiary may
not rollover an amount which is a required:minimum distribution, as determinedunder
applicableTreasury regulations and other IRS guidance.
Mandatory default rollover not applicable. The mandatory default rollover provisions of
the Plan under Code'§401(a)(331)(B) (contained in Plan section 5.05, relating to
mandatory distributions of an eligible rollover distribution greater than $1,000), do not
apply to distributions to a non-spouse beneficiary.
8 03 DEFINITIONS
a) Eligible Rollover Distribution An eligible rollover distribution is any distributionof
all oranyportion of thebalance to the creditofthe distributee, exceptthat an eligible
rollover distribution does not include any distribution that is one of a series of
substantially equal periodic payments (not less frequently thanannually) made for the
life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of
the distributee and thedistributee's designated Beneficiary, orfor a specifiedperiod of
tenyearsor more, any distribution to the extent such distribution is requiredunder
Sectionsection 401(a)(9) of theCode, and the portion of any distribution that is not
includable in gross income (determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities), and any amountthat is distributed on
account of hardship (including unforeseeable.emergency as defined in Article VI) A
portionof a distribution shall notfail to be an eligible rolloverdistribution merely because
the portion consists ofafter-tax employeecontributions which are not includible in gross
income However, such portion may transferred only to an individualretirement
account or annuitydescribed in Sectionsection 408(a) or(b) of the Code, or to a
qualified definedcontribution plan described in Sectionsection 401(a) or403(a) of the
Code that agrees to separatelyaccount for amounts so transferred, including separately
accounting for theportion of such distribution which is includible in gross income and the
portion of such distribution which is not so includible
b) Eligible Retirement Plan Aneligible retirement plan is an individual retirement
accountdescribed in Sectionsection 408(a) of theCode, an individual retirement annuity
described in Sectionsection 408(b) of the Code, an annuity plan described in
Sectionsection 403(a) of the Code, a qualified trust described in Sectionsection 401(a) of
the Code, an annuity contract described in Sectionsection 403(b) of the Code, or an
eligible plan underSectionsection 457(b) of theCode which is maintained by a state,
political subdivision of a state, or any agency orinstrumentality of a state or political
subdivision of a state and which agrees to separately account for amounts transferred
into such plan from this Plan, that acceptsthe distributee's eligible rolloverdistribution.
The definition ofeligible retirement plan shall also apply in the caseof a distribution to a
survivingspouse, or to a spouse or former spousewho is the Alternate Payee under a
Qualified Domestic Relation Order, as defined in Sectionsection 414(p) of the Code
c) Distributee A distributee includes an Employee or former Employee In
addition, the Employee's or former Employee's survivingspouse and theEmployee's or
former Employee's spouse or former spouse who is the alternate payee under a
C:\GFC\Ch r : .-r • Zro,. ..d06
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qualified domestic relations order, as defined in Sectionsection 414(p) of the Code, are
distributees with regardto the interest of thespouse or former spouse
d) Direct RolloverA direct rollover is a payment by the Plan totheeligible
retirement plan specified by thedistributee
I 8.04 8-04—TRUSTEE TO TRUSTEE TRANSFERS TO PURCHASE PERMISSIVE
SERVICE CREDIT No amount shall be includible in grossincome by reason of a direct
trustee-to-trustee transfer to a definedbenefit governmental plan (as defined in Code
Sectionsection 414(d)) if such transfer is (1) for thepurchase of permissive service credit
as defined in Code Sestionsection 415(n)(3)(A)) under such plan, or(2) a repayment to
whichCode Sectionsection 415does not apply by reasonof subsection (k)(3)thereof
8.05 WRITTEN EXPLANATION TORECIPIENTS OF DISTRIBUTIONS ELIGIBLE FOR
ROLLOVERTREATMENT. The Plan Administrator shall, within a reasonable period of
time before making an eligible rollover distribution, provide a writtenexplanation to the
recipient:
1) of the provisionsunder which the recipient may have thedistributiondirectly
transferred to an eligible retirement plan and of the automatic rollover
provisions applicable to mandatory distributions of amounts greater than
1,000;
2) that mandatorywithholding of tax applies to eligible rolloverdistributions not
directlytransferred to an eligible retirement plan,
3) of theability to avoidtax on a distribution pursuant to a voluntary, traditional
rollover made within 60 days after the date of distribution, and
4) , thatdistributions from an eligible retirement plan that receives a direct
rollover from this Plan may be subject to restrictions and tax consequences
which differ from this Plan.
Article IX–Administration
9 01 DUTIES OFTHE PLAN ADMINISTRATOR. The Plan Administrator shall represent the
Employer in all matters concerning the administration of this Plan The Plan
Administrator shallhave full power and authority*
a) to adopt rules and regulations for the administration of the Plan, provided they are
not inconsistent with the provisions of the Plan, Code Sectionsection 457 or any
Treasury regulationspromulgated thereunder orany other applicable law
b) to interpret, alter, amend, or revoke any rules and regulations so adopted,
c) to enter into contracts on behalf of the Employer with respect to this Plan,
d) to enter into Deferral Agreements on behalf of the Employer;
e) tomake discretionarydecisions underthis Plan,
C:\GFC\Clicn D1BR94+ "des
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f)to demandsatisfactory proof of the occurrence of any event that is a condition
precedent tothe payment of any benefitunder the Plan,
g) to perform any and all administrative duties under this Plan, and
h) to make any determinations under the Plan in the sole discretion of the Plan
Administrator
Except as expressly provided herein, every action taken by the Plan Administrator shall
be final and binding on all parties, andshall be presumed to be a fair and reasonable
exercise of the authorityvested in orthe dutiesimposed upon the Plan Administrator
The Plan Administrator shall be deemed to have exercisedreasonable care, diligence,
and prudence and to have acted impartially as to all personsinterested, unless the
contrary be proven by affirmativeevidenceThe Plan Administrator shall not be liable
for amounts payableunderthe Plan
9 02 CONFLICTS OF INTEREST The Plan Administrator, orany individual acting on behalf
of the Plan Administrator, may also be a Participant in the Plan, but such individual shall
not be entitledto participate in discretionary decisions relating to such individual's own
participation in the Plan
9 03 ADMINISTRATIVE COSTS The internalcostsrelated to anyInvestment Product shall
be charged.to those Deferred Compensation Accounts which invest in it. Other
administrative costs of the Plan may be paidby the Employer, orifnot, shall be charged
to theDeferred Compensation Accounts on a prorata basis.
9 04 CLAIM PROCEDURES Claims for benefits under the Plan shall be filed with the Plan
Administrator in writing on such forms as the Plan Administrator may designateThe
Plan Administrator shall furnish the claimant with written notice ofthedispositionof his
or her claim within ninety (90) days. If special circumstances require and timely notice is
given by the Plan Administrator tothe claimant, theperiod for response maybe
extended for an additional ninety (90) days If the claim is denied, suchnotice shallset
forth thereasons for thedenial, cite pertinent provisionsof the Plan, describe the claim
review procedures, and, where appropriate, provide and explanation of how the claim
may be perfected
9 05 CLAIM REVIEW PROCEDURES If a claim has been denied in whole or in part under
Sectionsection 9 04 of the Plan, the claimant or his or her authorizedrepresentativemay
requestthat the Plan Administrator give further consideration to such claim by filing a
written request for review within sixty (60) days of receipt of the notice of denial. Such
request shallinclude a writtenstatement of the reasons why the claimant believes the
denialto havebeen in error, and shall include anyand all evidence in support of the
claim The Plan Administrator shall notifythe claimant ofthe finaldecision onhis or her
claim in writing within sixty (60) days of the receipt of the request for review If special
circumstances require and timely notice is given by the Plan Administrator tothe
claimant, the period for a final decision may be extended for an additional sixty (60)
days. Thenotice shallset forththereasons for the final decision and cite pertinent
provisions of the Plan
Article X—Assignment of Benefits
C:\GFClak-314-MaNers\A bem,C . - •. •.r • , , • Res3tipn-40G
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10 01 ASSIGNMENTSPROHIBITED No Participant or Beneficiary shallhave any right to
commute, sell, assign, pledge, transfer, or otherwise convey or encumber the rightto
benefits underthis Plan, which benefits are expressly declared to be unassignable and
non-transferable, and any attempt todo so shall be void The benefitsunderthis Plan
shall not be subject to attachment, garnishment, or execution for thepaymentof any
debts,judgments, alimony, or separatemaintenance owed by the Participant or
Beneficiary, or be transferable by operation of law in the event of bankruptcy or
insolvency, to the fullest extentpermitted by law
10 02 QUALIFIEDDOMESTICRELATIONSORDERS
a) Generally The benefits of a Participant may be transferred to an Alternate
Payee under a domestic relations order meeting the requirements ofCode
Sectionsection 414(p)
b) Plan Procedures. Notwithstanding any other Plan provision, the following
procedures shallapply when any domestic relations order is received by the Plan
with respect to a Participant.
The Plan Administrator shall promptly notify the Participant and (a) eachperson
named in theorder as entitled to payment of Plan benefits, and (b) any other
person entitled to anyportion of the Participant's Plan benefits (personsreferred
to in (a) and (b) are hereafter Alternate Payees) of the receipt of such order and
ofthe Plan Administrator's procedures fordetermining the qualified statusofthe
order The Plan Administrator shall permit each Alternate Payee todesignate a
representative for receipt of copies of notices.
Immediately upon receiptof a domestic relations order, the Plan Administrator
shall separately account for theamounts which would have beenpayable to the
Alternate Payee during such period if the order had been determined to be a
Qualified Domestic Relations Order
The Plan Administrator shall determine, within a reasonabletime after receiptof
thedomestic relations order, whether the order is a QualifiedDomestic Relations
Order The Plan Administrator shall then notify the.Participant and each
Alternate Payeeof its decision.
A QualifiedDomesticRelations Order is any judgment, decree or Order
including approval of a propertysettlement agreement) that:
i) relates to the provisionof child support, alimonypayments, or
maritalpropertyrights to a spouse, former spouse, child, or other
dependent of the Participant;
ii) is made pursuant to a state domestic relations law(including a
community property law), and
iii)creates or recognizes the existence of an Alternate Payee's right
to receive all or a portion Of a the benefitspayable with respect to
a participant underthe Plan
C:\GFC\Client MatteFs\AubuFfr,-Ci •'- •• '•
RES.C
The Plan Administrator's decision shall be final unlessthe Participant or an
Alternate Payee gives written notice of appeal within 60 days after receipt of the
decision
If within 18 monthsafterthe date on which the first payment would be required to
be made underthe order, an order is finally determined to be a Qualified
Domestic Relations Order, thesegregatedamountsincluding any interest
thereon shall be paid to the personsentitled thereto, and thereafter the Alternate
Payee shall receivepayments pursuant tothe terms ofthe order Amounts
subject to the order which are not in pay status shall be transferred to a separate
account in the name of the Alternate Payee and thereafter held for suchpayee's
benefit pursuant to the terms of the order If within 18 months afterthe date in
which the first payment would be requiredto be made under the order, theorder
is determined not to be a QualifiedDomestic Relations Order, or if theissue has
not been finallydetermined, the Plan Administrator shall instruct the Approved
Institution and/or issuer ofthe Investment Productto pay the segregated
amounts (including any interest thereon) to the person whowould have otherwise
been entitled thereto if there hadbeen no order Anydetermination that an order
is qualified after the close of the 18-monthperiod shall be applied prospectively
only
The Plan Administrator's procedures shall generally conform to this Plan's claims
procedures.
c) Timing ofBenefit Payment. Notwithstanding any provisions of this Plan to the
contrary, an Alternate Payee pursuant to a QualifiedDomesticRelationsOrder
shall be entitled to elect to receive a distribution from the Plan following the date
such order is determined by the Plan Administrator to be a QualifiedDomestic
Relations Order and as specified in such Order(to the extent not otherwise
limited by the Investment Product) Provided, however, that for purposes of such
a distribution, theamountdistributed shall be valued as of the valuation date
immediately preceding the date the withdrawal is processed, with payment(s)
commencing as soon as reasonably possibleafter such valuation date
Payments made pursuant to this paragraph shall not be treated as a violation of
the requirements of Sectionsection 457(d) of the Code
d) Spouse or Former Spouse Treated as Distributee Pursuant to Code
Sectionsection 414(p)(12), an Alternate Payee who is the spouse or former
spouse of the participant (and not theParticipant) shall be treated as the
distributee of any distribution or payment made to such Alternate Payee by the
Plan pursuant to a Qualified Domestic Relations Order
Article XI — Plan Assets
All assets and income of the Plan shall be held in trust for the exclusive benefitof
participants and their'beneficiaries. Plan assets shall include all Deferred Compensation
Accounts under the Plan, and all property and rightswhichmay be purchased withsuch
Accounts, and all income attributable to such Accounts;. Plan assets shall remain (until
made available to the Participant or Beneficiary) solely the property and rightsofthe
Plan and shall not be subject tothe claim ofgeneral creditors ofthe Employer
1.. :ee,
RES.C
Article XII —Amendment or Termination of Plan
12 01 AMENDMENT OR TERMINATION The Employer mayamend or terminatethe Plan at
any time, provided, however, no termination or amendment shall affect the rights of a
Participant or Beneficiary to thebalance in his or herDeferred Compensation Account.
12.02 EFFECT OF TERMINATION Uponany termination of the Plan, the Participants in the
Plan will be deemed to have withdrawn fromthe Plan as of the date of such termination
and each Deferral Agreement shall be canceledThe full Compensation of all
Participants will be thereupon restored on a non-deferred basis The Plan Administrator
shall not distribute Plan benefits at the time of such termination, but shall retain all
Deferred Compensation Accounts until benefits are payable under theterms of Article V
or Article VI ofthe Plan
Article XIII — Relationship to other Plans
It is intended that, pursuant to Sectiensection 457 of the Code, Compensation deferred
underthe Plan will not be considered currentCompensationfor purposes of Federal
income taxation Such amounts will, however, be included as Compensation to the
extent required under the Federal Insurance Contributions Act (FICA) Payments under
this Planwill supplement retirement and death benefitsunderthe Employer's group
insurance and retirement plans, if any
Article XIV— Interpretation
14 01 CONSISTENCY WITHSECTION 457 This Plan is intendedto be an eligibledeferred
compensation plan within the meaning of SestiOnsection457(b) of the Code, andshall
be interpreted soas to be consistent with such Code Sectiensection
14 02 NOT EMPLOYMENTCONTRACT Nothing contained in this Planshall be deemedto
constitute an employment contractor agreement for services between the Participant
and the Employer norshall it be deemed to give a Participant any rightto be retained in
the employ of, or under contract to, theEmployer Nothing herein shall be construed to
modify the terms ofany employmentcontract or agreement for services between a
Participant and the Employer other than to modify thetime for payment of Compensation
deferred under this Plan
14 03 INVESTMENTS NOT GUARANTEED The Employer, the Plan Administrator, and their
agents, employees, or representatives, donot makeany endorsement, guarantee, or
any otherrepresentation, and shallnot be liable to the Plan or to any Participant,
Beneficiary, or any other person, with respect to the financial soundness, investment
performance, fitness, or suitability of any Investment Productofferedunder the Plan A
Participant should consult with professional tax advisors to determine the tax
consequences of his or her participation in this Plan Furthermore, the Employer, the
Plan Administrator, and their agents, employees, or representatives, do not represent or
guaranteesuccessfulinvestment of deferrals, and shall not be requiredto repay anyloss
which may resultfrom such investment or lack of investment.
14 04 NUMBER AND GENDER. Words used herein in the singular shall include the plural and
the plural the singular where applicable, and one gender or the neuter shall include the
other gender or theneuterwhere appropriate
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RES.C
T
14 05 HEADINGS The headings ofarticles, sections, or othersubdivisionshereof are
included solely for convenience of reference, and if there is any conflict between such
headings and thetext of the Plan, the text shall control
14 06 STATE LAW The Plan shall be construed in accordance with applicable federal law
and, to the extent otherwise applicable, the laws ofWashington
IN WITNESSWHEREOF, the Employer has causedthis Plan to be executed by its duly
authorized officer(s) on the day of 20022011
Witness City of Auburn
Attest: By._
Title Title
C:\GFC\cliet -Matters\-Auburn-Ci
RES.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4777
Date:
December 1, 2011
Department:
Public Works
Attachments:
Resolution No. 4777
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4777.
Background Summary:
The surplus equipment listed below is worn and becoming increasingly costly to
maintain:
6423C - 1994 Champion C80A Grader - VIN C80A27200463, Fixed Asset Number 5500
6423C
F4.6.1
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Backus Staff:Dowdy
Meeting Date:December 5, 2011 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D
RESOLUTION NO 4777
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON DECLARING
CERTAIN ITEMS OF PROPERTY AS SURPLUS
AND AUTHORIZING THEIRDISPOSAL
WHEREAS, the City of Auburn Public WorksDepartment has a number of
items which are no longerof use to the City; and
WHEREAS, it would be appropriate to surplusthe property and dispose of
it by auction or other salemechanism, or to disposeof it, in whole or in part,
through gift to anothergovernmental agency or an appropriatecharitable non-
profit entity, as deemedmost expedient by the Mayor
NOW, THEREFORE, THECITY COUNCIL OF THECITY OF AUBURN,
WASHINGTON HEREBYRESOLVES as follows
Section 1. Purpose Thattheproperty identified below is declared
to be surplus, and the Mayor is authorized to dispose of and convey such
property throughappropriate sale or donation to another governmental agency or
charitable non-profit entity
Public Works
The following item is worn and becoming increasinglycostly to maintain
6423C — 1994 Champion C80A Grader, VIN C80A27200463
Fixed Asset Number 55000 6423C
Resolution No 4777
November 17, 2011
Page 1 of 2
RES.D
Section 2. Implementation That the Mayor is authorized to
implement such administrativeprocedures as may be necessaryto carry outthe
directives of this legislation
Section 3. Effective Date. Thatthis 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
ATTEST MAYOR
Danielle E Daskam,
City Clerk
P iV ' AS TO F: 'M
4_ 147
niel :
City Attorney
Resolution No 4777
November 17, 2011
Page 2 of 2
RES.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4779
Date:
November 30, 2011
Department:
Administration
Attachments:
Resolution No. 4779
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4779.
Background Summary:
Resolution No. 4779 designates the members, powers, duties and meeting times and days of all standing
committees of the City Council for the year 2012 and designates the Deputy Mayor.
Reviewed by Council Committees:
Council Operations Committee
Councilmember:Wagner Staff:Heid
Meeting Date:December 5, 2011 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E
RESOLUTION NO 4 7 7 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REPEALINGRESOLUTION NO 4670
PASSED DECEMBER 20, 2010, AS AMENDED BY RESOLUTION
NO 4692PASSED MARCH 21, 2011, AS AMENDED BY
RESOLUTION NO 4741 PASSED AUGUST 15, 2011, AND
DESIGNATING THE MEMBERS, POWERS, DUTIESAND
MEETING TIMES AND DAY OF ALL STANDING COMMTITEES
OF THECITY COUNCIL OF THECITY OF AUBURN
WHEREAS, the Auburn City Council Operations Committeedesignates the
formation and membership of thestanding committees of the City Council, subject to
the approval of a majority of the City Council, and
WHEREAS, the Council OperationsCommitteeconducted a meeting on
November 30, 2011, at whichtime theCommitteeapproved the membershipofthe
standing committees, powers and duties of standingcommittees and meeting
schedules for 2012 and recommended the City Council's adoption of thesame
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS
FOLLOWS
Section 1. Auburn Resolution No 4670 passed December 20, 2010, as
amended by Resolution No 4692 on March 21, 2011, as amended by Resolution
No 4741 on August 15, 2011 is hereby repealed effectiveDecember 31, 2011
Section 2. TheStanding Committees of the City Council for the City of
Auburn, Washington are as follows
Resolution No 4779
December 1 2011
Page 1
RES.E
A. PUBLICWORKS
RICH WAGNER (Chair), BILL PELOZA (Vice Chair), and WAYNE
OSBORNE (member)
SCOPE Makes recommendations to the City Council as a
whole on policiesrelating to water and sanitary
sewer utilities, storm drainage, streets and policy
matters involving construction, engineering
utilities, traffic, design standards, and
maintenance), right-of-way management, street
vacation, equipment maintenance and operations,
transportation (current Public Works capital
projects, Public Works Capital Improvement Plans,
trafficefficiency, and Transportation Improvement
Program oversight) This Committee will
coordinate equipment rental and utility matters with
the Finance Committee
B. FINANCE
JOHN PARTRIDGE (Chair), JOHNHOLMAN (Vice Chair), and LARGO
WALES (member)
SCOPE In addition to the normalmonitoring of thefinancial
expenditures of the approved budget, this
Committee will make recommendations to theCity
Council as a whole on policies relating to Capital
Facilities Plan, human resources, municipal court,
legal, informationservices, facilitiesmanagement,
and City real property transactions including sale,
lease, acquisition, and donations This committee
will coordinateproperty transactions with other
appropriate Council Committees This Committee
will serve as Council's liaison for the Tourism
Board , the Fire Relief and Pension Board, the
Business Improvement Area (BIA), and the Auburn
Area Chamber of Commerce
Resolution No 4779
December 1 2011
Page 2
RES.E
C PLANNING ANDCOMMUNITY DEVELOPMENT
NANCYBACKUS (Chair), JOHN PARTRIDGE (Vice Chair), and JOHN
HOLMAN (member)
SCOPE Makes recommendations to the City Council as a
whole on policies relating to land use planning and
zoning, code enforcement, annexation, building
permits, transportation (long-term planning and
land use and the Transportation Improvement
Program), Capital Improvement Plans (Public
Works CIP oversight), parkscapital and program
planning, Mary OlsonFarm, cultural arts and public
art, communications, downtownagreements and
operating policies, community services, and
economic development. This Committee will serve
as the Council's liaison for theArts Commission,
Planning Commission, Human Services
Commission, Transportation, Transit and Trails
Committee, Parks and Recreation Board with
regard to planning issues, Planning Commission,
Human Services Committee, TADA (Downtown
Association), UrbanCore Task Force, Bicycle Task
Force, Sister Cities, and MulticulturalRoundtable
D MUNICIPAL SERVICES
BILL PELOZA (Chair), WAYNE OSBORNE (Vice Chair), and LARGO
WALES (member)
SCOPE Makes recommendations to the City Council as a
whole on policies relating to police, animalcontrol,
emergency planning, telecommunications, street
median maintenance, solid waste, airport, parks
and recreation operations, senior center, Auburn
International Farmers' Market, golf course,
cemetery, and cable TV ThisCommittee will
serve as the Council's liaison for the Airport
Advisory Board, Auburn International Farmers'
Market Board, Auburn Valley Humane Society
Board, Parks and Recreation Boardwith regard to
Resolution No 4779
December 1, 2011
Page 3
RES.E
operational issues, Urban Tree Board, and
Cemetery Board
E. LESGOVE COMMUNITY CAMPUSCOMMITTEE
RICH WAGNER (Chair), LARGO WALES (Vice Chair), WAYNE
OSBORNE (Member)
SCOPE Makes recommendations to the City Council as a
whole on policies relating to the museum, and
development and ongoing use of the Community
Center and Activity Centerfacilities at Les Gove
Community Campus ThisCommittee will serve as
theCouncil's liaison for the King County Library,
MuseumBoard, and the Boys and Girls Club
F COUNCILOPERATIONSCOMMITTEE
NANCY BACKUS (Chair), RICH WAGNER (Vice Chair), BILL PELOZA
Member)
Membership of the Council OperationsCommittee shall consist of three
Councilmembers having the longest tenure on the City Council
Longest tenure is tobe calculated as the total length of consecutive
service as a Councilmember The Councilmember with the longest
tenure shall automatically be the Chair of the CouncilOperations
Committee In the event of two or more members have equal tenure,
the Chair and members of theCouncil Operations Committee shall be
selected on thebasis of the largest number of votes received at the
most recent general election(s) in which the Councilmembers were
respectively elected It is provided, however, that Councilmembers
whose term of office will expire priorto orduring the first meeting of a
new City Council and who havenot been re-elected or appointed to
another term of officeextending beyond the first meeting of a new City
Council shall be allowed to vote on the approval of themembershipof
thenew committees
The function of the Council OperationsCommittee is to supervisethe
formation and membership of all standing committees of theCity
Council The Council Operations Committee shall, subject to the
approval of a majority of theentire City Council, designate all of the
standing committees of the City Council In addition, the Council
Resolution No. 4779
December 1 2011
Page 4
RES.E
OperationsCommittee shall, bienniallyat the first meeting of a new City
Council, or periodically, submit a list of theproposedmembers of all
standing committees of the City Council for approval by a majority vote
of the entire City CouncilTheCouncil OperationsCommittee shallalso
recommend the Chair for each standing committee of the City Council,
which recommendations shallalso be subject to approval by a majority
vote of the entire City Council The membership of all standing
committees of the City Council shall consist exclusively of
Councilmembers Each chair of any standing committee of the City
Council shall, in the absence of a quorum at a meeting of his/her
particular standing committee, have the authorityto appoint a non-
member of the standing committee, from the City Council to that
standing committee for that meeting tocreate a quorum forthat
meeting, or in the chair's absence thevice-chairman shall be able to
appoint anotherCouncilmember to that particularcommittee in the
absence of a quorum The function of the Council Operations
Committee is also to propose amendments to the Rules of Procedure
of the City Council to the full City Council, plan the Councilannual
spring visioningretreat, andto addressissues relating to the whole City
Council and make recommendations for action by the full City Council
relative to such issues
G DEPUTYMAYOR andCOUNCILMEMBER-AT-LARGE
Councilmember Nancy Backus is designated as Deputy Mayor The
duties of Deputy Mayor are outlined in theCity council Rules of
Procedure
H COMMITTEE OF THE WHOLE
NANCY BACKUS (Chair), RICH WAGNER (Vice Chair), ALLOTHER
CITY COUNCILMEMBERS (Members)
SCOPE The Deputy Mayor is automatically the chair and
themost senior Councilmember, who is not the
Deputy Mayor, is the Vice Chair The Committee
receives and discusses information relative to
issues with broad implications for the City No
votes are taken at thiscommittee
Resolution No 4779
December 1, 2011
Page 5
RES.E
Section 3. Unless otherwisedesignated by the Chair, the day and time of the
meetings of the Standing Committees of the City Council of the City of Auburn shall
be as follows
A. PUBLIC WORKS
3 30 P.M.
First and third Mondays of eachmonth
B. FINANCE COMMITTEE
6.00 P M.
First and third Mondays of eachmonth
C PLANNINGAND COMMUNITYDEVELOPMENT
COMMTITEE
5 00 P.M
Second and fourth Mondays of each month
D MUNICIPAL SERVICESCOMMTITEE
3 00 P.M
Second and fourth Mondays of each month
E. LES GOVE COMMUNITY CAMPUS
COMMITTEE
5 00 P.M.
Second Monday of eachmonth
F COUNCILOPERATIONSCOMMITTEE
5 00 P.M.
First Monday of eachmonth
G COMMITTEE OF THE WHOLE
The Council Committee of the Whole shall meet
whenever there is a fifthMonday in any month or as
needed
Resolution No. 4779
December 1 2011
Page 6
RES.E
Section 4. The City Clerk is authorized and directed to incorporate the
changes in the committees' scope of authority and function in the CityCouncilRules
of Procedure
Section 5. The Mayor is hereby authorized toimplement such administrative
procedures as may be necessary to carryout the directives of this legislation
Section 6. This Resolution shall take effect and be in full force and effect
upon passage and signature hereon
DATED and SIGNED this day of 2011
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam, City Clerk
APPROVED AS TO FORM
i , f4 4/ •LAA1WIAA
Daniel B Nei., City 'ttorne
Resolution No 4779
December 1 2011
Page 7
RES.E
SUGGESTED 2012 AUBURN CITY COUNCIL COMMITTEES
I PLANNING & PUBLIC WORKS i MUNICIPAL \ (.-- FINANCE 1 LES GOVE 1 COUNCIL
COMMUNITY SERVICES COMMUNITY CAMPUS OPERATIONS (COC)
DEVELOPMENT
5:00 pm 3:30 pm 3:00 pm 6:00 pm 5:00 pm 5:00 pm
2nd&4th Monday 1st&3rd Monday 2nd&4th Monday 1st&3rd Monday 2nd Monday 1st Monday
Nancy Backus,Chair Rich Wagner,Chair Bill Peloza,Chair JohnPartridge,Chair Rich Wagner,Chair Nancy Backus, Chair
John Partridge,Vice Ch.Bill Peloza,Vice Ch. Wayne Osborne,Vice Ch. John Holman,Vice Ch. Largo Wales,Vice Ch.Rich Wagner,Vice Ch.
John Holman Wayne OsborneLargo Wales Largo Wales Wayne Osborne Bill Peloza
Land use,Zoning Water Police City Budget Museum Committee Structure
Code Enforcement Sanitary Sewer Solid Waste Capital Facilities Plan Capital&Operating Policy for CommitteeMembership
Building Permits Storm Drainage Airport Finance Community Center Whole Council Issues
Annexation Right-of-Way Management Golf Course Human Resources Activity Center Council Rules of Procedure
EconomicDevelopment Streets Cemetery Municipal Court
LGCC Liaisons.
nnual Visioning Retreat
Cultural Arts, Public Art Maintenance&Operations Parks&Rec. Operations Legal Museum Board
Equipment Rental SeniorCenter InformationServices
Parks Capital and Boys&Girls Club COMMITTEE OF
Program Planning Engineering (utilities,traffic, Farmers'Market City Real Property King County Library THE WHOLE (COW)9 9 9 9 Kin Count Libra
Olson Farm design standards,maintenance)Animal Control Facilities Management
Engineering(development)
Transportation(current PW Governmental Affairs } 5th Monday in any month
99 p ) capital projects,traffic efficiency
Telecommunications
P'
tr"bversight,PW CIP'
k'taction) Cable TV Nancy Backus, ChairTransportation(long-term FC Liaisons.
planning,TIP*action) Emergency Planning Tourism Board Rich Wagner,Vice Ch.
Capital Improvement Plans *TIP 6 year Street Median Maintenance Chamber of Commerce All Other
PW CIP**oversight)Transportation
Improvement BIA, Bus.Improvement Area Councilmembers
Communications Program MSC Liaisons:
t+ Airport Advisory Board
Fire Relief&Pension Board Broad implication issues
Community Services CIP'
Capital Cemetery Board No Council vote taken
Downtown Agreements Improvement
Plan Farmers'Market Board
Dntn.Operating Policies /
y DEPUTY MAYORAuburnValleHumane
PCDC Liaisons: Society Board Nancy Backus
Planning Commission Parks&Recreation Board
Human Services Commis'n
operational issues)
1
Act in absence of theMayor
Urban Tree Board AUBURN Alternate to all committees
Multicultural Roundtable Councilmember training
Arts Commission
F
MO0,
THAN YOU!mac INt° Support cooperative
Parks&Recreation Board Councilmember relations
planning issues) Help maintain cooperative
TADA, Downtown Assoc. Council-Mayor relations
Urban Core Task Force
Chair COW&COC l
TTTCommittee
Transportation,Transit 8 Trails)
Bicycle Task Force
Sister Cities councilcommittees2012D.xls 12/1/11 10:30 am rew
RES.E