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HomeMy WebLinkAbout08-06-2012 Council Agenda Packet City Council Meeting August 6, 2012 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1. Professional Leadership Award Presented to Rocky Kirwin Rocky Kirwin of the Senior Center was awarded the Professional Leadership Award for 2012 by the Washington State Association of Senior Centers. The award was presented at the Association's annual conference, May 23, 2012 in Redmond, Washington. 2. Proclamation - Farmers Market Week Mayor Lewis to proclaim August 5-11, 2012 as "Farmers Market Week" in the city of Auburn. 3. 2012 Diamond Award Presentation Mayor Lewis to present Human Resources Director Brenda Heineman with the 2012 Diamond Award in recognition of special achievement in implementing an innovative program that focuses on utilizing compressed work schedules to reduce commute trips. D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is scheduled for this evening. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. July 23, 2012 Minutes* (Peloza) Page 1 of 138 B.Planning & Community Development 1. July 23, 2012 Minutes* (Backus) C.Public Works 1. July 16, 2012 Minutes* (Wagner) D.Finance 1. July 16, 2012 Minutes* (Partridge) E.Les Gove Community Campus F.Council Operations Committee IV.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. July 16, 2012 Meeting Minutes* B. July 24, 2012 Special Meeting Minutes* C. Claims Vouchers (Partridge/Coleman) Claims check numbers 415531 through 416022 in the amount of $4,239,805.84 and dated August 6, 2012. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533088 through 533122 in the amount of $273,309.65 electronic deposit transmissions in the amount of $1,283,912.13 for a grand total of $1,557,221.78 for the period covering 07/12/12 to 08/01/12. E. Public Works Consultant Agreement No. AG-C-417 (Wagner/Dowdy) Grant permission to enter into consultant agreement No. AG-C-417 with Murray, Smith and Associates, Inc. for engineering services for the Water Facilities Evaluation project. F. Public Works Project No. CP1025* (Wagner/Snyder) City Council award contract No. 12-15 to Eclipse Coatings, Inc. on its low bid of $78,840 for Project No. CP1025 - Airport Hangars 9 and 10 Roof Repairs project. G. Public Works Project No. CP1112* (Wagner/Dowdy) Permission to award contract No. 12-09, to Global Contractors, LLC on their low bid of $189,850.00 for Project No. CP1112, 2011/2012 Citywide Sidewalk Repair project H. Public Works Project No. CP1211* (Wagner/Dowdy) Permission to award contract No. 12-12, to T. Miller Construction on their low bid of $40,625.00 plus Washington State sales tax of $3,859.38 for a total contract price of $44,848.38 for project No. CP1211, Downtown Sculpture Garden. V.UNFINISHED BUSINESS There is no unfinished business. Page 2 of 138 VI.NEW BUSINESS There is no new business. VII.RESOLUTIONS A. Resolution No. 4831* (Backus/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, setting a hearing date in relation to amending the 2012-2017 Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 B. Resolution No. 4843* (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a fixed-base lease agreement between the City of Auburn and Airtech Instrument Co., Inc. C. Resolution No. 4844* (Backus/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an agreement with the lowest responsible bidder for public works contract number 12-13 regarding the Lea Hill Park Improvement Project No. CP1003 D. Resolution No. 4845* (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to expend funds to abate the weed and vegetation nuisance at 2121 Pike Street NE, in the city of Auburn E. Resolution No. 4846* (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to expend funds to abate the litter, junk, weed and attractive nuisance at 3102 O Street SE, in the city of Auburn F. Resolution No. 4848* (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, to make written findings and ratify Mayor's declaration of emergency and authorization of contract for emergency repair with Cobra Roofing Services for the City owned building at 4910 A Street. VIII. 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 IX.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 3 of 138 Page 4 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: July 23, 2012 Minutes Date: August 1, 2012 Department: Police Attachments: July 23, 2012 Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:August 6, 2012 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 138 Municipal Services Committee July 23, 2012 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 W. Main Street, Auburn, WA. A. Roll Call Members present: Chair Peloza, Vice Chair Osborne, Member Wales. Staff present: Mayor Pete Lewis, Assistant Chief of Police Bill Pierson, Public Works Director Dennis Dowdy, Parks, Arts and Recreation Director Daryl Faber, Finance Director Shelley Coleman, Human Resources/Risk Management Director Brenda Heineman, City Attorney Dan Heid, Human Resources/Risk Management Assistant Director Rob Roscoe, Community Services Manager Michael Hursh, Maintenance and Operations Manager Randy Bailey, Auburn Airport Manager Jamelle Garcia, and Police Secretary/Scribe Terry Mendoza. Others present: Auburn Reporter representative Robert Whale and citizen Scot Pondelick. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. July 9, 2012 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Wales seconded the motion. Chair Peloza concurred. MOTION PASSED: 3-0 B. June 6, 2012 Minutes Special Municipal Services Meeting Vice Chair Osborne moved to accept the Minutes as presented. Member Wales seconded the motion. Chair Peloza concurred. MOTION PASSED: 3-0 III. ACTION A. Resolution No. 4843 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Page 1 of 4 MS.1 Page 6 of 138 Mayor and City Clerk to execute a fixed-based lease agreement between the City of Auburn and Airtech Instrument Co., Inc. Committee discussion followed. Vice Chair Osborne moved to forward to full Council for consideration. Member Wales seconded the motion. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Animal Control Licensing Program Update (Hursh) Community Services Manager Michael Hursh provided an update to the committee. Pet licensing is up approximately 400 licenses sold year to date which is an increase over the same period last year. In May we started the license renewal phone calls to residents. We are also identifying new residents through the assistance of our Utilities department and including information in a "Welcome to Auburn" packet. HOA's have been very helpful in our marketing campaign to get the word out on pet licensing. In turn, the HOA's are receiving a two dollar ($2.00) incentive as people sign up/license their pet. We are also participating in local fairs and markets. It was recommended that one of the committee members be a part of the Animal Control/Licensing Program advisory committee/board as a representative of the Municipal Services Committee. Member Wales volunteered. B. Auburn Golf Course Financial Review (Coleman) Parks, Arts and Recreation Director Daryl Faber reported that the golf course has never been better with regards to the conditions of the course. We were ahead approximately $50,000 through April with a couple of good weekends of warm weather. Currently through June our Green fees have increased by 3% (or $12,000) and rounds played increased by 3% (or 629 rounds over last year). Marketing efforts include offering special deals to golfers during the less than favorable weather days and this has helped to increase revenue, as well. Finance Director Shelley Coleman reviewed the working capital statement, balance sheet (cash position of fund), rounds played and Copper Falls information with the committee. Good news is that revenues are up however, expenses are up even more so. Some of it is in the inventory and salary and wages. It was also noted that the increase in expenses is in part due to storm costs from January and February, including professional service contracts and staff overtime during that period. FEMA will be reimbursing a portion of these expenses. The working capital for the third quarter of 2012 (July, August and September) will be critical and a report will be made to the committee in October. Committee discussion followed. C. Report on Risk Profile (Heineman) Director Brenda Heineman and Assistant Director Rob Roscoe presented to the Page 2 of 4 MS.1 Page 7 of 138 committee. Director Heineman expressed that City staff have worked very hard to avoid problems before they occur, limit the City's exposure, and to tap into all of the resources and benefits of belonging to an insurance pool. One of the benefits is the pre-defense fund that we have access to through the WCIA (Washington Cities Insurance Authority) pool. This fund provides free legal services from expert attorneys in specialized areas at no cost to the City and we have been able to take care of many cases at an early stage. The pre-defense has been extremely beneficial in decreasing exposure for the City. Committee discussion followed. D. Shopping Cart Update (Bailey) Maintenance and Operations Manager Randy Bailey provided an update to the committee. Shopping cart impound fees in May 2012 totaled three thousand six hundred and ninety dollars ($3,690). As of July 20, 2012 payments received from the shop cart invoices totaled four thousand three hundred dollars ($4,300) leaving an outstanding amount for shopping cart receivables of ninety dollars ($90). Stores receiving new carts are donating their old ones to the Auburn Food Bank. Unfortunately, the old carts still have the stores' name on it. The stores have been advised that they need to remove their names from the old carts prior to donating them otherwise they will continue to be invoiced for any abandoned cart. Committee discussion followed. E. Redlight Photo Enforcement Update (Lee) Finance Director Shelley Coleman provided a Redflex financial performance report to the committee. Under the expenses section the costs for court clerk and temporary judge will be eliminated in 2013. Assistant Chief of Police Bill Pierson provided an updated report for the second quarter (2nd) of 2012. The report indicates that the number of violations at photo enforced intersections and school zones has been reduced and has resulted in increased public safety. Committee discussion followed. F. Matrix The following changes were made to the matrix: Item 10P: The next review is set for 10/22/12. Item 26P: The next review is set for 10/22/12. Item 29P: The next review is set for 10/22/12. Item 3 I: The next review is set for the first meeting in January 2013. V. ADJOURNMENT The meeting was adjourned at 4:50 p.m. The next meeting of the Municipal Services Committee is Monday, August 13, 2012 at 3:30 p.m. in Conference Room 3, City Hall, 25 W. Main Street, Auburn, WA. Signed this ___________ day of August, 2012. Page 3 of 4 MS.1 Page 8 of 138 ____________________________ _____________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 4 of 4 MS.1 Page 9 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: July 23, 2012 Minutes Date: July 31, 2012 Department: Planning and Development Attachments: Draft Minutes Budget Impact: $0 Administrative Recommendation: For information only. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:August 6, 2012 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 10 of 138 Planning and Community Development July 23, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of the One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus and Member John Holman were present. Vice-Chair Partridge was excused. Also present were Mayor Pete Lewis; Planning and Development Director Kevin Snyder; Planning Manager Elizabeth Chamberlain; Public Works Director Dennis Dowdy; Economic Development Manager Doug Lein; Parks, Arts and Recreation Director Daryl Faber; Traffic Engineer Pablo Para; Chair Judy Roland of the Planning Commission; Commissioner Peace; Commissioner Copple; Commissioner Mason; Commissioner Trout; Commissioner Ramey; Commissioner Baggett; and Planning Secretary Tina Kriss. Vice-Chair Chapman of the Planning Commission was excused. Members of the public were: Scot Pondelick B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - July 9, 2012 (Snyder) Member Holman moved and Chair Backus seconded to approve the July 9, 2012 minutes as written. Motion Carried Unanimously. 2-0 III. ACTION A. Resolution No. 4831 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Setting a Hearing Date in Relation to Amending the 2012-2017 Transportation Improvement Program of the City of Auburn Pursuant Page 1 of 5 PCD.1 Page 11 of 138 to R.C.W. Chapter 35.77 Staff reviewed the amendments for Resolution No. 4831 for the purpose of setting the public hearing. Member Holman moved and Chair Backus seconded to move Resolution No. 4831 to full City Council to set a time and date for a public hearing to amend the 2012-2017 Transportation Improvement Program. Motion Carried Unanimously. 2-0 B. Resolution No. 4832 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Amending the 2012-2017 Six-Year Transportation Improvement Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77 Member Holman moved and Chair Backus seconded to move Resolution No. 4832 to City Council for approval. Motion Carried Unanimously. 2-0 IV. DISCUSSION ITEMS A. Resolution No. 4844 (Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an agreement with the lowest responsible bidder for Public Works Contract No. CP12-13 regarding the Lea Hill Park Improvement Project, No. CP1003 Parks, Arts and Recreation Director Daryl Faber was present for the staff report. The City Council has approved a project to make improvements to the Lea Hill Park, Project No. CP1003. The City advertised for bids for Project No. CP1003 and all bids were received in a timely manner on July 18, 2012. In the interest of full disclosure and transparency Member Holman explained that prior to being a City of Auburn Councilmember he was serving, and is presently serving on the Green River Community College Foundation Board. As part of the foundation Member Holman lobbied on behalf of Green River Community College as an advocate for the Lea Hill land swap, it was not a paid position. Chair Backus stated City Attorney Heid has previously provided the opinion that if there is no "personal gain" there would not be an issue and Member Holman has not been compensated for the position. After discussing the matter with City Attorney Heid Member Holman believes there is no conflict of interest but wanted to provide the information. The Committee is supportive of Resolution No. 4844 and has determined they will take action. Member Holman moved and Chair Backus seconded to move Resolution No. 4844 to full City Council. Motion Carried Unanimously. 2-0. Page 2 of 5 PCD.1 Page 12 of 138 B. Resolution No. 4845 – Property Abatement Action for 2121 Pike Street NE (Snyder) Planning and Development Director Snyder spoke about the vegetation and structural condition of the property and the City staff's efforts to remedy the public health, safety and welfare issues of the property to residence of the surrounding properties and the community's quality of life. Staff requests the Committee approve Resolution No. 4845 allowing staff to work with the City Attorney's Office to obtain warrant authority from King County Superior Court to access the interior of any structures on the subject property to conduct needed clean up and removal in order to reduce potential threats to the public health, safety and welfare. Upon receipt of the warrant, the City will direct a contractor to conduct necessary cleanup and removal actions with costs associated to the work being applied as a lien against the property to be paid prior to any potential sale. Director Snyder requested, if Resolution No. 4845 is acceptable, in an effort to facilitate timely abatement action staff would ask the Committee to move Resolution No. 4845 as an action motion recommending approval to full City Council. Committee is supportive of Resolution No. 4845 and will take action at this time. Member Holman moved and Chair Backus seconded recommending approval of Resolution No. 4845 to full City Council. Motion Carried Unanimously. 2-0. C. Resolution No. 4846 – Property Abatement Action for 3102 O Street SE (Snyder) Planning and Development Director Snyder stated Resolution No. 4846 is also a request for abatement action on the property located at 3102 O Street SE, Auburn, Washington. Committee and staff reviewed the condition of the property via the photos provided. Committee determined they are supportive of Resolution No. 4846 and will take action. Member Holman moved and Chair Backus to move Resolution No. 4846 to full City Council for approval. Motion Carried Unanimously. 2-0. D. Joint Session with the Planning Commission (Snyder) Chair Backus thanked the Commission for attending and expressed the desire for a dialogue to enable a better understanding for the priorities of both the Planning and Community Development Committee (PCDC) and the Planning Commission in order to create a work plan based on the direction, goals and objectives of each group. Page 3 of 5 PCD.1 Page 13 of 138 Planning Director Snyder reviewed the key retreat outcomes from City Council's May, 2012 retreat. The top 5 key citywide business sectors for the future business recruitment and retention, community marketing and policy development and implementation are: 1. Healthcare Research (provision and prevention) 2. Ecosystems Management (green engineering) 3. Education 4. Bio-Research Facilities 5. Aerospace Commission, staff and the Committee then reviewed the strategy areas and priority uses of each of the areas. As density increases it will be beneficial to expand and create business development nodes and activities within these strategy areas to meet the service needs of these areas in addition to downtown. As part of the Council vision it is recognized that multiple growth center development will accommodate Citywide growth and provide areas for healthcare research, green engineering, education, entertainment and other strategy areas. As these areas are identified additional policies, programs, and incentives will need to be defined. The Planning Commission will be part of that planning along with other advisory boards. Staff, PCDC, and Planning Commission members then discussed developing a 2013-2014 work plan for the Planning Commission that is linked to the Council's vision. The Committee and Planning Commission, along with staff, identified the following needs, priorities and key issue areas to be part of the 2013-2014 work plan: A. Comprehensive Plan Amendment/Capital Facilities Plan B. Building Code Updates C. Education Emphasis D. Entertainment Areas (purveyors) E. Agritourism F. Business Incubators/Virtual Mobile Incubators G. Food Truck and Food Carts Ordinance I. Aerospace Boeing Feeders J. Airport Feeders K. Alternate Building Heights (growing up v. growing out) L. Visioning Workshop with the Planning Commission and with the Public M. Health Planning N. Arts/Cultural District O. Mixed Use Development in all Zones P. Branding the Development Strategy Areas Q. Community Gardens R. Parks Master Plan S. More joint meetings with the Planning Commission and PCDC Page 4 of 5 PCD.1 Page 14 of 138 Chair Backus stated to build partnerships with the various advisory committees/bodies it would be beneficial to set up S.M.A.R.T. goals (specific, measurable, attainable, realistic, and timely) with opportunities to review the goals periodically to make adjustments or changes. Commission and PCDC determined they will have a joint session every six months; alternating Monday and Tuesday evenings. Members of the Planning Commission would like to discuss, in addition to their monthly meeting, scheduling meetings with the public invited to focus on a key topic or have a guest speaker to talk about the specific topic. Commission members asked if staff could provide updates on recommendations or action taken on items that have moved through Planning Commission and on to other Committees or Council. PCDC, staff and Planning Commission members concurred; the open dialogue at this session provided a synergy to create an exciting partnership beneficial in establishing goals and objectives for a work plan. Director Snyder stated staff will develop a draft work plan and present it to PCDC and Planning Commission for review and comment, collect the feedback, and then finalize the 2013-2014 work plan. Chair Backus suggested she and Chair Roland meet to share ideas between the joint sessions. E. Director's Report (Snyder) This item was not discussed, staff will provide a report at the next meeting. F. PCDC Matrix (Snyder) The matrix was not reviewed at this meeting, it will be reviewed at the next meeting. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 7:30 p.m. Approved this 13th day of August, 2012. _______________________________ _______________________________ Nancy Backus - Chair Tina Kriss - Planning Secretary Page 5 of 5 PCD.1 Page 15 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: July 16, 2012 Minutes Date: August 1, 2012 Department: Public Works Attachments: Public Works Committee July 16, 2012 Draft Minutes Budget Impact: $0 Administrative Recommendation: For Information Only. Background Summary: Reviewed by Council Committees: Councilmember:Wagner Staff: Meeting Date:August 6, 2012 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 16 of 138 Public Works Committee July 16, 2012 - 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, 98002. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete Lewis, Councilmember Largo Wales, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Traffic Engineer Pablo Para, Finance Director Shelley Coleman, Community Services Manager Michael Hursh, Project Engineer Robert Lee, Project Engineer Leah Dunsdon, Project Engineer Kim Truong, Street Systems Engineer Seth Wickstrom, Planning Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Environmental Protection Manager Chris Andersen, citizen Scot Pondelick, and Public Works Secretary Jennifer Rigsby. B. Announcements Prior to Discussion Item K, Director Dowdy announced that the Transportation Policy Board has recommended approval of grants of $560,000.00 for the overlay of West Valley Highway from 15th Street NW and 37th Street NW and of $1,020,700 for the Design and Right-of-Way funding for widening 277th Street, between Auburn Way N and the Green River. Final award is pending approval by the PSRC Executive Board. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the July 2, 2012 Public Works Committee Meeting. Motion 3-0. B. Public Works Project No. CP1108 (Lee) Page 1 of 13 PW.1 Page 17 of 138 It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to reject all bids for Contract No. 11-14 for Project No. CP1108 2011 Citywide Storm Pond Cleaning. Project Engineer Lee explained that there was only one bid received for the project and the bid was approximately 80% greater than the Engineer’s Estimate. Lee stated that there were questions as to the nature of sediment that must be removed from the underground storage tank at the Mill Pond Bioswale site, in response to a question asked by Chairman Wagner. Chairman Wagner asked if the project specifications need to be changed prior to the project going out to bid again. Lee said that the project will be repackaged and a characterization of the sediment will be included in the project specifications so there will be no questions as to how the contractor will need to dispose of it. Motion carried 3-0. C. Public Works Project No. CP1006 (Dunsdon) It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend the City Council approve Final Pay Estimate No. 14 to Contract No. 11-05 in the Amount of 7,271.04 and Accept Construction of Project No. CP1006 Lakeland Hills Reservoir 6. Chairman Wagner asked about the cost of the mural on the tank. Project Engineer Dunsdon answered that the cost of the mural was $11,000.00. Motion carried 3-0. III. RESOLUTIONS A. Resolution No. 4840 (Truong) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Award Contract No. 12-14 to the Lowest Bidder for Project No. EM0902, Flood Control Barrier Removal It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend the City Council adopt Resolution No. 4840. Project Engineer Truong explained that the resolution authorizes the Mayor to award the contract to the lowest responsible bidder. Director Dowdy stated that the bid opening is scheduled for July 17, 2012. Motion carried 3-0. IV. DISCUSSION ITEMS Page 2 of 13 PW.1 Page 18 of 138 A. May 2012 Financial Report (Coleman) Mayor Lewis answered questions asked by Chairman Wagner regarding sales tax projection figures. Vice-Chair Peloza, referencing page 41, asked if the amount for service fees is covering the City’s costs and if not, how much of the cost the City is supplementing. Mayor Lewis stated that the amount the City supplements varies. Mayor Lewis stated in Public Safety and Culture and Recreation the City is close to full cost and in Development Services and General Government, Council by its action, and with the support of the Administration, has reduced fees on purpose. Chairman Wagner stated that it seems reasonable to subsidize some of the cost of Culture and Recreation. Vice-Chair Peloza agreed. The Committee and Mayor Lewis discussed the condition of REET. Member Osborne commented on Photo Enforcement being on budget. B. Resolution No. 4837 (Faber) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Modification of a Contract Previously Authorized with the Passage of Resolution No. 4406 with Virginia Paquette for Public Art at the Auburn Community Center at the Les Gove Community Campus. Chairman Wagner, as the Council liaison, reported that the Arts Commission fully endorses this approach and is excited about the idea of turning the lobby space at the Community Center into an art display. Chairman Wagner excused himself to take a phone call. Member Osborne and Vice-Chair Peloza discussed the renderings that the Les Gove Community Campus Committee reviewed when the project was first proposed. Chairman Wagner answered questions asked by Vice-Chair Peloza regarding the storage of the artwork. The Committee supported adoption of Resolution No. 4837. C. Ordinance No. 6418 (Chamberlain) An Ordinance of the City Council of the City of Auburn, Washington, Amending Chapters 17.09 and 17.10 within Title 17 Land Adjustments and Divisions of the Auburn City Code There were no questions from the Committee. The Committee supported introduction and adoption of Ordinance No. 6418. D. Ordinance No. 6419 (Chamberlain) An Ordinance of the City Council of the City of Auburn, Washington, Page 3 of 13 PW.1 Page 19 of 138 Amending Chapters 18.29, 18.31, 18.52, and 18.60 within Title 18 Zoning of the Auburn City Code The Committee and staff discussed how the off-street parking requirements by land use were calculated. Chairman Wagner asked if there are national guidelines that staff uses. Planning Manager Chamberlain answered that staff reviews other jurisdictions’ codes regarding parking and staffs’ experiences with parking to determine the required parking rates. Chairman Wagner spoke about the number of parking spaces required for large retail and the amount of seemingly wasted developable land. Chairman Wagner suggested the use of some more scientific methods to calculate the number of parking spaces that large retail businesses actually need. Chamberlain pointed out that there is a cap on how many spaces developers could go above the minimum number of spaces. Planning Manager Chamberlain discussed the flexibility regarding parking that has been built into the new code. Mayor Lewis and Chairman Wagner spoke about the history of the development of the parking requirement standards and pointed out that if the standards were developed using traffic impact fees and estimated traffic flows, that the standards may no longer be accurate. Planning Director Snyder confirmed that there are industry standards from a financing perspective that establish how many parking spaces there should be for certain types of land uses and those have to be balanced by what the market requires. Mayor Lewis suggested staff review the parking requirements and compare the needs of Auburn with the national standards and bring their findings and recommendations to the Committee for discussion. Planning Director Snyder stated that staff will work on models where more productive parking patterns can be encouraged. Chairman Wagner pointed out that staff should also look at the parking rate requirements for medical, dental and other doctors’ offices as well as retail land use types. Planning Director Snyder answered questions asked by Member Osborne regarding employee parking versus customer parking and how that affects the parking requirement rates. Member Osborne asked if access to transit affects parking requirements. Planning Director Snyder confirmed that it does affect the requirements. Planning Manager Chamberlain stated that a development must be within a quarter of a mile to transit to utilize the reduction in parking allowed by code. Chairman Wagner Page 4 of 13 PW.1 Page 20 of 138 suggested increasing the distance to half of a mile. Chairman Wagner voiced his interest in making better use of the land in the City. The Committee supported introduction and adoption of Ordinance No. 6419. E. Ordinance No. 6420 (Chamberlain) An Ordinance of the City Council of the City of Auburn, Washington, Amending Section 19.02.050 of the Auburn City Code Related to School Impact Fees Planning Manager Chamberlain confirmed that no changes had been made to the July 1, 2012 deadline, in response to a question asked by Member Osborne related to the comments received by the school districts. The Committee supported introduction and adoption of Ordinance No. 6420. F. Ordinance No. 6414 (Chamberlain) An Ordinance of the City Council of the City of Auburn, Washington, Amending Section 12.64A.030 of the Auburn City Code and Creating a Section 13.40.040 and a New Chapter 17.28 of the Auburn City Code, Relating to the Installation of City-Owned Improvements Assistant Director/City Engineer Selle stated that the design standard for conduits is 3 inches, in response to a question asked by Chairman Wagner. Chairman Wagner asked about the ownership of the conduits once they are built. Chamberlain answered that the City would own the conduits, as defined in the ordinance. Chairman Wagner asked if the City could charge for the use of the conduit. Mayor Lewis stated that would be under a franchise agreement and not Ordinance No. 6414. Planning Manager Chamberlain confirmed that a reference to the Engineering Design Standards would be included in Title 12, in response to a question asked by Chairman Wagner. Mayor Lewis addressed concerns voiced by Member Osborne regarding future need for conduit. The Committee supported introduction and adoption of Ordinance No. 6414. G. Resolution No. 4835 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Negotiations and Execution of a Contract for Non- Profit Facilitator Services with the National Development Council for the Auburn Community Center at the Les Gove Community Campus Planning Director Snyder distributed a memo which addressed questions from the Les Gove Community Campus Committee regarding cost. Director Snyder Page 5 of 13 PW.1 Page 21 of 138 explained that the National Development Council representatives identified that a number of the Committee’s questions cannot be answered at this time due to their level of detail. Director Snyder stated that further into the process and once NDC is engaged with working with the City, the questions can be answered. Mayor Lewis stated that NDC will be working with him and Finance Director Coleman regarding analysis of debt service throughout the process. Planning Director Snyder explained private/public partnership model and stated that before a commitment is made and before a decision to build is made, the range of lease cost information will be available. Chairman Wagner commented on the thoroughness of the contract’s termination clause. Chairman Wagner asked how NDC will receive payment during the interim period, prior to when a lease agreement is made. Planning Director Snyder answered that NDC gets paid at two points in the process, when the agreement is reached and completed they charge a 1% administrative fee and they get paid again during the lease process. Community Services Manager Hursh explained that the technical services previously provided by NDC are separate from the agreement adopted by Resolution No. 4835. Vice-Chair Peloza spoke about the occupancy of the gathering space of 350 people. Vice-Chair Peloza stated that with a City the size of Auburn, he believes the gathering space occupancy should be 500 people. Chairman Wagner stated that the Les Gove Community Campus Committee considered increasing the occupancy of the gathering space but the cost was approximately $3M more to increase the occupancy by only 150 people. Vice-Chair Peloza stated that the Committee is shortening its vision for the City by only building a facility for 350 people. Vice-Chair Peloza suggested that the Committee reconsider increasing the size of the facility. Member Osborne said considering how long it has taken to initiate the project, the City should move forward and consider building a larger facility at a later date, if needed. Member Osborne spoke against delaying the project any further. Vice-Chair Peloza asked it to be included in the official record that he feels the Committee is beginning short-sighted by building a Community Center with a 350 people occupancy and that the Committee should relook at the project. Chairman Wagner explained that the structure was designed to allow for expansion in the future to increase the occupancy to 500 as an addition to the Community Center and the Center could be expanded into the park. Page 6 of 13 PW.1 Page 22 of 138 Vice-Chair Peloza reiterated that he believed the Community Center should be larger. Chairman Wagner agreed that the City would be under-building, but that the City is building in a way that allows for expansion and in a way that is the most affordable. Mayor Lewis pointed out that the planned design includes a phase one and a phase two expansion. Community Services Manage Hursh confirmed that there is a need for a larger facility and supported the plan for the expansion of the building to increase the size of the open seating in the future. Vice-Chair Peloza modified his statement for the record in support of having NDC approach the project with the understanding that the build out will be planned in two phases. The Committee supported adoption of Resolution No. 4835. H. Resolution No. 4836 (Snyder/Heid/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute the Transfer and Exchange of Real Property Between and with the Washington State Department of Transportation Regarding Phase II of the Auburn Environmental Park Chairman Wagner asked about the location of the drainage easement that the Department of Transportation (DOT) wants to reserve. Environmental Planning Manager Andersen stated that the easement to be reserved is for the entirety of the parcel. Planning Director Snyder responded to questions asked by Chairman Wagner regarding the settlement agreement between the City and Auburn Land Company, Resolution No. 4836, Exhibit D. Director Dowdy provided the Committee with some background information regarding how the State determined to begin the negotiations with the City for the land swap. Planning Director Snyder stated that in the agreement the City will receive $109,000.00 based on the difference in land values, the Sanitary Sewer fund will receive approximately $2M, there are two mitigation sites, one of which is certified and the other is not yet certified. The DOT is responsible for the maintenance and certification costs of the site which is not yet certified for the remaining five years. Planning Director Snyder responded to questions asked by Member Osborne regarding the cost of maintenance for the sites once both are certified. Member Osborne asked if the City will receive any wetland bank credits. Planning Director Snyder answered that the site is not a certified wetland bank for the State of Washington. Page 7 of 13 PW.1 Page 23 of 138 Director Dowdy explained the site can also be leased to other entities to be used for wetland mitigation or can be used by the City for mitigation. The Committee and staff reviewed the vicinity maps. Planning Director Snyder commented on how this agreement will help to meet the Council’s long-term goal of acquiring land on both sides of SR167. Director Dowdy answered that the amount of the sewer work that will need to be completed in the area will depend on the future land use, in response to a question asked by Member Osborne. The Committee and staff discussed the cost of future sewer improvements that need to be made if the undeveloped properties are developed and coverage of cost if the improvement were to be greater than the $2M paid by the State. The Committee supported adoption of Resolution No. 4836. I. 2012 Arterial/Collector Crackseal Project (Wickstrom) Chairman Wagner asked if any portion of 105th Place could be cracksealed. Street Systems Engineer Wickstrom answered that the south bound portion of the roadway may be able to be cracksealed but the northbound land needs to be rebuilt. Chairman Wagner asked staff to examine the roadway and determine if a portion of the roadway could benefit from cracksealing. The Committee supported the selected roads for the project. J. Auburn Way South & M Street SE Intersection Improvements (Para) Traffic Engineer Para reported that staff, following the direction of the Committee, has moved forward with preliminary design on “Option 2,” adding a northwest bound right turn pocket and realignment of the westbound 17th Street SE intersection. Chairman Wagner asked how much Right-of-Way needs to the acquired prior to construction of the project. Traffic Engineer Para answered that based on the layout design the Right-of-Way needed would be approximately 2,000 square feet, but in final design that amount may be less. Assistant Director/City Engineer Selle explained that the project map shows the potential total impact area of the project and not the existing Right-of-Way versus new Right-of-Way. The Committee and staff discussed how much Right-of-Way would need to be acquired for construction of Option 2. Page 8 of 13 PW.1 Page 24 of 138 Traffic Engineer Para stated that the majority of the project is in the existing City Right-of-Way. Traffic Engineer Para explained that with realigning 17th Street SE and normalizing the intersection, vehicles will be in a better position to see traffic coming from Auburn Way South and can then move more safely into the intersection. Chairman Wagner asked that staff do something to close the gap in the c-curb on M Street SE at the 17th Street SE intersection to prevent drivers from turning into the crosswalk area. Traffic Engineer Para stated that staff is currently planning on working with a consultant to complete the Option 2 design and are also putting together an application for a TIB grant for the construction phase. Para confirmed that drivers will have the ability to turn right on a red light on northbound Auburn Way S, at the M Street SE intersection, following a question asked by Member Osborne. Traffic Engineer Para answered questions asked by Member Osborne regarding the right turn movement from Auburn Way S on to M Street SE. K. 2013 - 2018 Transportation Improvement Program Annual Update (Para) Traffic Engineer Para explained that included in the memo is a list of the projects being removed from the Transportation Improvement Program (TIP) because they are completed, a list of projects being placed in the Comprehensive Transportation Plan, and three projects which are grant funded and being added to the TIP. Chairman Wagner suggested reviewing the draft Transportation Improvement Program (TIP) “page by page.” The Committee agreed. Member Osborne suggested a project including installation of a signal at 12th Street SE/M Street SE be included in the TIP due to the pending Community Center project. Chairman Wagner agreed and asked that the project be included for 2018. Chairman Wagner asked how the Projects of Regional Significance are selected. Traffic Engineer Para explained that there is criteria in PSRC’s TIP programming that outlines what qualifies a project to be regionally significant. The six projects are included so PSRC may track them in the larger regional TIP. Traffic Engineer Para stated that TIP #58, AWS Corridor Improvements, includes the capacity projects on SR164, following a question asked by Chairman Wagner. The Committee and staff discussed encouraging Green River Community College Page 9 of 13 PW.1 Page 25 of 138 and possibly the Auburn School District to become funding partners on certain projects. TIP #24 – Academy Drive Multi-Use Trail: Chairman Wagner asked if the project has been submitted for any grants. Traffic Engineer Para answered that there have not been any grants that the project would have been competitive in to date and the project has not been labeled as a project of importance, compared to the other projects currently being worked on. Traffic Engineer Para answered questions asked by Member Osborne regarding future planning of the project and grant funding. TIP #54 – Kersey Way Study: Traffic Engineer Para explained that in 2013 and 2014 there is a major Comprehensive Plan update scheduled and because there is potential for development in the area staff decided to move the project out until the Comprehensive Plan update with the new land use assumptions for the City is complete. Chairman Wagner suggested funding part of the project, to determine Right-of- Way and stream side problems in 2013. Chairman Wagner spoke about making the list of TIP projects compatible with the transportation priority matrix developed at the Council’s transportation retreat. TIP #3 – Auburn Way Corridor Imp. (4th Street NE to 4th Street SE): Chairman Wagner asked that the need for coordination between the City and the State in regards to the traffic signal at Auburn Way and SR18 and how it related to system operation be included on the TIP sheet. Traffic Engineer Para noted that the project is not a capacity improvement, but rather the scope includes pedestrian accessibility and appearance. Chairman Wagner questioned the scope of work and the total expenditures for the project and noted that the project needed to be reviewed by staff. TIP #4 – I Street NE Corridor (45th Street NE to S 277th Street): The Committee and staff discussed whether or not the City is meeting the terms of an agreement with RPG by pushing out the project until 2018. Vice-Chair Peloza spoke about the importance of the project, with I Street NE being a corridor, to facilitate better north/south traffic flow. Traffic Engineer Para stated that the real priority from a traffic perspective is S 277th Street because there are existing north/south corridors and I Street NE is more of a developer dependant corridor project. TIP #6 – S 277th (Auburn Way N to Green River Bridge): Assistant Director/City Engineer Selle explained that obtaining the $1M grant for design work on this Page 10 of 13 PW.1 Page 26 of 138 project will put the City in a better position to apply for additional grant funds for construction. TIP #7 15th Street SE Reconstruction: Chairman Wagner suggested including a general statement that says the City will seek funding from partners who contribute to the deterioration of the road. TIP #10 F Street SE (4th Street SE to Auburn Way S): Traffic Engineer Para stated that staff does receive requests from residents for some improvements on F Street, but most are related to pavement condition, in response to a question asked by Chairman Wagner. Traffic Engineer Para stated staff is waiting for the M Street Underpass Project to be completed prior to applying for funding for this project. Traffic Engineer Para and Assistant Director/City Engineer Selle addressed questions asked by Chairman Wagner regarding the effort put into refining cost estimate on the TIP projects for each yearly update. TIP #11 - M Street NE (E Main Street to 4th Street NE): The Committee and staff discussed the future importance of this project and development that may lead to the need to increase capacity through this portion of the M Street Corridor. Traffic Engineer Para answered questions asked by Vice-Chair Peloza regarding the future impact of operating budgets estimates for projects. TIP #58 – Auburn Way South Corridor Imp. Fir Street SE to Hemlock Street SE: Assistant City Engineer Gaub stated that the project is not in the property acquisition phase and some design work needs to be completed prior to moving into that phase of the project, in response to questions asked by Member Osborne. TIP #62 – AWS Streetscape Improvements (SR18 to M Street SE): Traffic Engineer Para said that the total project cost is so great due to Right-of-Way requirements, in response to a question asked by Chairman Wagner. TIP #18 – 8th Street NE and SE 104th Street Intersection Improvements: Traffic Engineer Para explained that construction of a roundabout has been ruled out due to geography, topography, and geometry of the intersection and the existing roadways, in response to a question asked by Chairman Wagner. The Committee and Traffic Engineer Para discussed how staff prioritizes the intersection projects. TIP #21 – C Street NW and West Main Street: Chairman Wagner suggested moving some of the planning for intersection improvements into 2013. Vice-Chair Peloza agreed. Page 11 of 13 PW.1 Page 27 of 138 TIP #50 – ITS Dynamic Message Signs: The Committee and staff discussed how dynamic signs could be used in the City and what the value of the signs may be. Traffic Engineer Para pointed out that the project will most likely be a grant funded project. TIP #59- Auburn Ave NE & 3rd Street NE Pedestrian & Access Improvements: Traffic Engineer Para stated that staff has applied for a pedestrian and bicycle safety grant to fund the project. The scope of the project includes rebuilding the signal at 3rd Street NE/Auburn Ave NE, improving the pedestrian routes through the entire complex of surrounding intersections, creating a new pedestrian crossing at the 3rd Street NE/Auburn Ave NE intersection, and modifying the signal at Auburn Way and 4th Street NE. A northbound left turn movement on 3rd Street NE is also included in the scope. TIP #63 – 29th Street SE & R Street SE: Traffic Engineer Para stated that this project is a long term project developed during the last Comprehensive Plan update, in response to a question asked by Chairman Wagner. Director Dowdy answered questions asked by Member Osborne regarding Phase 2 of the M Street SE Underpass Project. TIP #47 – Environmental Park Roadway Improvements Study: Chairman Wagner asked that this project be moved up due to discussions at the Council Retreat regarding economical development in the Environmental Park area. Traffic Engineer Para stated the draft TIP was reviewed by the Planning and Community Development Committee on July 9, 2012. L. Capital Project Status Report (Gaub) Assistant City Engineer Gaub was present. There were no questions from the Committee. M. Activities Matrix (Dowdy) There were no questions or comments from the Committee. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:48 p.m. Approved this _________day of ___________, 2012. Page 12 of 13 PW.1 Page 28 of 138 _____________________________ _______________________________ Rich Wagner Jennifer Rigsby Chairman Public Works Department Secretary Page 13 of 13 PW.1 Page 29 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: July 16, 2012 Minutes Date: August 1, 2012 Department: Finance Attachments: Miinutes Budget Impact: $0 Administrative Recommendation: Finance Committee approve the July 16, 2012 minutes. Background Summary: Reviewed by Council Committees: Finance Councilmember:Partridge Staff: Meeting Date:August 6, 2012 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 30 of 138 Finance Committee July 16, 2012 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair Partridge called the meeting to order at 5:30 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 John Partridge, Vice Chair John Holman, Member Largo Wales were present. City officials and staff members present included: Mayor Peter B. Lewis, Deputy Mayor Nancy Backus, City Attorney Daniel B. Heid, Human Resources and Risk Management Director Brenda Heineman, Risk Manager Rob Roscoe, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Chief of Police Bob Lee, Municipal Court Judge Patrick Burns and Deputy City Clerk Shawn Campbell. Also present were Scott Pondelick, King County District Court Judge Corinna Harn, King County Director of Probation Services Judy Garcia, King County District Court South Division Director Patti Kohler, King County Executive Office Director of Regional Initiatives Diane Carlson, and King County District Court Budget Manager Heather Dean. B. Announcements There was no announcement. C. Agenda Modifications There was no agenda modification. II. CONSENT AGENDA A. July 2, 2012 Minutes Vice Chair Holman moved and Member Wales seconded to approve the July 2, 2012 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers Claims check numbers 415142 through 415530 in the amount of $3,435,856.05 and dated July 16, 2012. Committee members reviewed the claims and payroll vouchers and briefly discussed claims vouchers 415157, 415163, 415171, 415194, 415248, 415300, Page 1 of 4 FN.1 Page 31 of 138 415319, 415423, 415474, and 415530. Vice Chair Holman moved and Member Wales seconded to approve claims and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers Payroll check numbers 533053 through 533087 in the amount of $903,077.01 and electronic deposit transmissions in the amount of $1,200,895.91 for a grand total of $2,103,972.92 for the period covering June 28, 2012 to July 11, 2012. See claims vouchers above for approval of payroll vouchers. III. ACTION A. Property Damage Release (Heineman) City Council accept property damage settlement from GEICO. Risk Manager Rob Roscoe explained a person damaged City property in the winter of 2011. The individual's insurance has a policy limit of $25,000. The property damage was approximately $49,466. GEICO insurance has presented the City with a settlement offer of $25,000 in exchange for a full release of further liability. Mr. Roscoe said he has consulted the legal and public works departments and all parties agree to recommend the City accept the insurance company's offer. Chair Partridge asked whether the City is aware of whether the individual has assets. He requested staff make a counter offer to require the individual who damaged City property to be held accountable for the additional amount beyond the insurance limit. Vice Chair Holman said he is concerned preparing for court would cost as much or more than the amount in question. Chair Partridge requested a policy be created with amounts and situations to guide Council on these decisions. City Attorney Heid said each situation is very different and creating a policy would be extremely difficult. Director Coleman said these situations are evaluated on a case by case basis. Chair Partridge requested staff compile the different options available and return to the committee for further discussion. IV. DISCUSSION ITEMS A. May 2012 Financial Report (Coleman) Committee members reviewed the May 2012 Financial Report. Director Coleman noted sales tax revenue is down month over month from 2011. Chair Partridge said sales tax revenue is still exceeding budgeted amount. Mayor Lewis stated sales tax revenue is an indicator on the economy and it is something Page 2 of 4 FN.1 Page 32 of 138 he watches very closely. Director Coleman stated property tax revenue shows an increase but will be depleted over the next several months until property taxes are due again. The water and sewer enterprise funds are lagging, but with the rate increase implemented the revenue is expected to increase. The golf course operating fund does not show the $350,000 loan amount, but the funds are available for the golf course. Director Coleman also explained the sales tax transfers to the State of Washington resulting from the 2011 legislative session. B. Ordinance No. 6417 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, repealing Chapter 2.14 of the Auburn City Code relating to municipal court system City Attorney Heid stated Ordinance No. 6417 would eliminate the Auburn municipal court. Chair Partridge questioned the effect should Council pass the Ordinance but not the corresponding resolutions. City Attorney Heid said the Ordinance would eliminates the court and the City would need to find alternatives to the current agreements. City Attorney Heid added the Ordinance needs an effective date added in the language before it can be certified. C. Resolution No. 4833 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an interlocal agreement between the City of Auburn and King County for district court services City Attorney Heid said the agreement has been updated with information and data for the City of Auburn. Councilmember Partridge questioned the one time technology fee and the sinking fund fee. Director Coleman explained the City of Auburn would not be assessed any part of the one time technology fee. A representative from King County District Court explained the member cities have a discussion on spending the sinking fund. The King County Court would bring a proposal to the member cities for discussion and agreement before any funds are spent. She added the county will pass along fees for general maintenance to the city that are under $100,000. City Attorney Heid stated a group of employees have asked for recognition as a bargaining unit through Public Employment Relations Commission. The City will process the request within the law and address the impacts of the Council decision regarding the new bargaining unit. He said staff will bring those items back to Council at a later time. D. Resolution No. 4834 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a lease agreement between the City of Auburn and King County for district court services in Auburn's court facilities Page 3 of 4 FN.1 Page 33 of 138 Director Coleman stated this is an agreement for King County District Court to lease court space from the City. E. Resolution No. 4840 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award and execute an agreement with the lowest responsible bidder for construction of public works contract number 12-14 for project EM0902, Flood Control Barrier Removal Director Dowdy requested Council give the Mayor the authority to authorize an agreement with the lowest responsible bidder for Public Works Project EM0902 Flood Control Barriers Removal Project. The bid opening is scheduled for July 17, 2012, and the City would like to start the project as soon as possible. Director Dowdy stated 75% of the funding for the project is from the King County Flood Control District and 25% is a loan from the District to the City. V. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:33 p.m. APPROVED the 6th day of August 2012. _________________________________ _________________________________ John Partridge, Chair Shawn Campbell, Deputy City Clerk Page 4 of 4 FN.1 Page 34 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: July 16, 2012 Meeting Minutes Date: July 31, 2012 Department: City Council Attachments: July 16, 2012 Regular Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:August 6, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 35 of 138 City Council Meeting July 16, 2012 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Lewis called the meeting to order and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne and John Holman. Department directors and staff members present: Parks, Arts and Recreation Director Daryl Faber, City Attorney Daniel B. Heid, Planning and Development Director Kevin Snyder, Public Works Director Dennis Dowdy, Police Chief Bob Lee, Human Resources and Risk Management Director Brenda Heineman, Finance Director Shelley Coleman, Economic Development Manager Doug Lein, Municipal Court Judge Patrick Burns, and Deputy City Clerk Shawn Campbell. C. Announcements, Appointments, and Presentations There were no announcements, appointments or presentations. D. Agenda Modifications Agenda modifications included the removal of the property damage settlement from GEICO from the consent agenda and the addition of Public Works Project No. MS1110 and Public Works Project No. CP1210 to the consent agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Virginia Haugen, 2503 R Street SE, Auburn WA Ms. Haugen thanked the City for the City sponsored events. Mayor Lewis recessed the meeting at 7:32 p.m. until Ms. Haugen returned the Page 1 of 13 CA.A Page 36 of 138 microphone to the holder. Mayor Lewis reconvened the meeting at 7:33 p.m. Robert Hamilton, PO Box 49, Buckley WA Mr. Hamilton stated the County court plan would result in an additional cost of $255,000 per year and a reduction of 18 - 21 employees. He requested the Council give the citizens all the additional facts and postpone the vote on the court for two weeks. Janet Chance, S 284th Place, Auburn Ms. Chance stated she had worked for two jurisdictions that had contracted the court services to their county. She said both jurisdictions decided outsourcing the court services was a disservice to their city and the citizens. She urged the City to retain the current system. Kim Hunter, SE 284th Avenue, Auburn Ms. Hunter stated the City cannot put a price on safety. She complimented the court staff. She noted the City's probation department has not had a claim filed against it. She encouraged the Council to retain the Auburn Municipal Court. Dr. Katherine Hunter, SE 284th Street, Auburn Ms. Hunter stated she feels the community spirit with the City of Auburn. She stated she has had patients with drug and alcohol problems receive help through the Auburn Municipal Court. Dr. Hunter urged the Council to keep the current configuration for the Auburn Municipal Court. Mark Selberling, K Street SE, Auburn Mr. Selberling questioned the elimination of current court system. He said the proposed savings is not worth the loss. He urged the Council to retain the Auburn Municipal Court. Tom Campbell, Hi-Crest Drive, Auburn Mr. Campbell thanked Council for their time. He said this is a matter of values. He encouraged the Council to retain the current court configuration. He questioned the long-term control the City will have over the court if the court is outsourced to King County. Daniel Constantine, SE 326th Street, Auburn Revered Constantine stated he is on probation currently with the Auburn Municipal Court. He said if the probation department were to be dissolved, he would be required to serve the remainder of his sentence in jail. He requested the City retain the current court system. Mike Weekly, 11th Street SE, Auburn Mr. Weekly said the City will lose local control of the courts if they contract with King County. He encouraged the Council to retain the Auburn Municipal Court. Constance Newcomb, I Street NE, Auburn Page 2 of 13 CA.A Page 37 of 138 Ms. Newcomb has worked with high-risk youth for the past 40 years. She stated by making the offenders accountable the youths have a higher success rate than in other jurisdictions. She requested the Council retain the Auburn Municipal Court. Dawn Sarapina, 10th Street SE No. 4, Auburn Ms. Sarapina stated she is a domestic violence treatment provider. She said the Auburn Municipal Court coordinates with the treatment providers extensively, where King County District Court does not. She requested the Council retain the Auburn Municipal Court. Matt Rusnak, M Street NE, Auburn Mr. Rusnak stated he is the current Public Defender for the City of Auburn. He said one of the earmarks for a well-governed city is a court system with an elected presiding judge. He questioned the decisions of using the King County District court. He requested the Council share additional reasons for outsourcing the court to King County and to put the matter to a vote before the citizens of Auburn. Judge Corinna Harn, 401 5th Avenue, Seattle Judge Harn stated she is the Chief Presiding Judge for King County District Court. She thanked City officials and staff for the diligence they have put into the process. She stated the King County Court systems’ focus is on public safety, fairness and access to justice. Audie Velez, 33rd Street SE, Auburn Mr. Velez stated he has been robbed twice. He shared his concern regarding King County staff not having a connection with the city they are serving. He urged the City to keep the Auburn Municipal Court. April Sterling, 52nd Avenue NE, Tacoma Ms. Sterling stated she had been on probation in King County for five years and during that time she continued to commit crimes. She added when she was required to go to drug and alcohol treatment she was able to remain clean and sober and no longer commits crimes. She urged the Council to keep the current system to help the people of Auburn. Teresa Daniels, Tacoma Point Drive E, Lake Tapps Ms. Daniels said she understands budget constraints and would like to understand all the reasons the City is considering contracting the court services with King County. She requested the Council look at other options before finalizing the King County district court contracts. Tara Stirling, Transitional Housing. Auburn Ms. Stirling stated the Auburn Municipal Court has helped her get into a recovery program. She urged the City to keep the Auburn Municipal Court. John Torres, Elizabeth Ave SE, Auburn Page 3 of 13 CA.A Page 38 of 138 Mr. Torres requested the City put outside counsel out to bid. He believes this would save the City money. He added that offloading the court is bad government and bad policy. He urged the Council to keep the Auburn Municipal Court. Deanna Shoemaker, I Street NE, Auburn Ms. Shoemaker said Judge Burns was the only Judge who held her accountable. She questioned the financial priorities of the City. She urged the Council to keep the current structure of Auburn Municipal Court. Diane Carlson, 401 5th Avenue, Seattle King County Executive Office Director of Regional Initiatives Carlson thanked the Council for the opportunity to speak. She said the City has reviewed all materials very thoroughly and has been very transparent. She said one key priority for the County is to build and expand lasting regional partnerships. She said the Auburn citizens and King County residents would have the opportunity to have expanded court services in Auburn if the City joins the district court. Greg Bockh, SW 348th Place, Auburn Mr. Bockh is an employee of the Auburn Municipal Court. He said he does not understand the proposed change. He stated the crime rate in the City has dropped at almost twice the rate of that statewide. He encouraged the Council to consider other options besides outsourcing the Auburn Municipal Court. Karen Parker, E ST SE, Auburn Ms. Parker is a drug and alcohol treatment provider in the city of Auburn. She is unclear as to why the Council is considering this proposal. She asked for additional information and urged the Council to keep the Auburn Municipal Court. Angela Caron, SE 267th Place, Covington Ms. Caron said she is an employee of the Auburn Municipal Court. She said there are hidden costs to the citizens of Auburn in the proposed change such as loss of revenue to the City and loss of safety for the citizens. She requested the City consider other options before outsourcing the Auburn Municipal Court. Jeannine Tompkins, I Street NE, Auburn Ms. Tompkins said she is a parent of a person who is currently on probation with the Auburn Municipal Court. She said the court has kept her child accountable and she appreciates the accessibility of the court staff and resources. Frank Lonergan, 3rd Street SE, Auburn Mr. Lonergan said the Councilmembers who were recently elected ran on the promise that they would provide for the citizens. He questioned the Council's reasoning for considering King County District Court with the results the City has had in previous dealings with King County. Charles Brank,16th Street, Sumner Mr. Brank is a coordinator for an intervention program. He said he works with Page 4 of 13 CA.A Page 39 of 138 several courts in the area. He stated the Auburn Municipal Court does the best job. He encouraged the Council to keep the Auburn Municipal Court. Judge Patrick Burns, Auburn Judge Burns stated the Auburn Municipal Court is a full service court. He stated the proposal provided by King County is for partial services. He said his staff could provide the limited services for less money if that is the direction the Council wished to proceed. He added the City has very little liability related to the probation department. He requested to opportunity to sit down and reach an agreement between the City and the Court. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee meet on July 9, 2012. The Committee considered Resolution No. 4833 approving an interlocal agreement with King County for court services, Resolution No. 4834 leasing the court facilities to King County, Ordinance No. 6416 regarding collective gardens, Ordinance No. 6417 repealing the section of the Auburn Municipal Code regarding the municipal court. The committee also had presentations on the project status of the Auburn Valley Humane Society and towing services. The next regular meeting of the Municipal Services Committee is scheduled for July 23, 2012 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee meet on July 9, 2012. The Committee received a presentation on Downtown parking. She said during certain times of the day it is perceived the City needs additional parking in the downtown area. The Committee also reviewed Resolution No. 4831 setting a public hearing for the 2012-2017 Transportation Improvement Plan, Ordinance No. 6408 related to architectural and site design standards, Resolution No. 4832 adopting the 2012-2017 Transportation Improvement Plan, Resolution No. 4836 approving a property exchange for the Auburn Environmental Park, Ordinance No. 6416 regarding collective gardens, Ordinance No. 6419 concerning zoning amendments relating to land adjustments and divisions, Ordinance No. 6420 relating to school impact fees, and Ordinance No. 6414 relating to the installation of City-owned conduit. She stated during the directors report Director Snyder announced Building Official Rick Hopkins has resigned and has taken a position with Piece County. She noted the sculpture garden request for bids has been published. The next regular meeting of the Planning and Community Development Committee is scheduled for July 23, 2012 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. Page 5 of 13 CA.A Page 40 of 138 The committee approved two items for Council consideration: Public Works Project No. CP1108 rejecting all bids on the storm pond cleaning and Public Works Project No. 1006 final pay estimate of the Lakeland Hill Reservoir 6. He said the Committee considered Resolution No. 4840 relating to the removal of the flood control barriers, Resolution No. 4837 modifying the Community Center art project, Ordinance No's.6418, 6419, 6420 relating to planning, Ordinance No. 6414 relating to the installation of City-owned conduit, Resolution No. 4835 relating to financing for the Community Center, Resolution No. 4836 relating to the Auburn Environmental Park phase two property transfers. He said the Committee also discussed the 2012 arterial crack seal project and received an update on the M Street improvements. The next regular meeting of the Public Works Committee is August 6, 2012 at 3:30 p.m. D. Finance Chair Partridge reported the Finance Committee met his evening at 5:30. The Committee reviewed claims vouchers in the amount of $3.4 million and payroll vouchers in the amount of $2.1 million. The committee requested additional information from risk management regarding a property damage release. The Committee reviewed the May 2012 financial report, Ordinance No. 6417, Resolution No's. 4833 and 4834 relating to the Auburn Municipal Court and Resolution No. 4840 relating to the removal of the flood control barriers. The next regular meeting of the Finance Committee is scheduled for August 6, 2012 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Campus Committee met on July 11, 2012. The Committee discussed Resolution No. 4837 regarding a public art contract with Virginia Paqeutte and Resolution No. 4835 regarding a non-profit facilitator services contract with the National Development Council for the Community Center. The committee also discussed the need to be more involved in planning for the neighborhood adjacent to Les Gove Community Campus. F. Council Operations Committee The next meeting of the Council Operations Committee is scheduled for August 6, 2012 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the July 2, 2012 Regular Meeting B. Minutes of the July 10, 2012 Special Meeting C. Claims Vouchers (Partridge/Coleman) Claims check numbers 415142 through 415530 in the amount of $3,435,856.05 and dated July 16, 2012. Page 6 of 13 CA.A Page 41 of 138 D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533053 through 533087 in the amount of $903,077.01 and electronic deposit transmissions in the amount of $1,200,895.91 for a grand total of $2,103,972.92 for the period covering June 28, 2012 to July 11, 2012. E. Public Works Project No. CP1006 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 14 to Contract No. 11-05 in the amount of $7,271.04 and accept construction of Project No. CP1006, Lakeland Hills Reservoir 6 F. Public Works Project No. CP1108 (Wagner/Dowdy) City Council approve rejecting all bids for Contract No. 11-14 for Project No. CP1108, 2011 Citywide Storm Pond Cleaning G. Public Works Project No. MS1110 H. Public Works Project No. CP1210 Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent agenda includes minutes, claims and payroll vouchers, and public works projects. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6408 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 18.31.200 of the Auburn City Code relating to administration of architectural and site design review standards Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6408 The Ordinance amends the Zoning Code Section 18.31.200 related to architectural and site design standards. MOTION CARRIED UNANIMOUSLY. 7-0 Page 7 of 13 CA.A Page 42 of 138 B. Ordinance No. 6414 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 12.64A.030 of the Auburn City Code and creating a Section 13.40.040 and a new Chapter 17.28 of the Auburn City Code, relating to the installation of City-owned improvements Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6414 The Ordinance amends Section 12.64A.030 of the Auburn City Code and creates a new Chapter 17.28 relating to the installation of City-owned conduit. MOTION CARRIED UNANIMOUSLY. 7-0 C. Ordinance No. 6416 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, creating a Section 1.04.060 of the Auburn City Code and amending Section 18.02.020 of the Auburn City Code, relating to conflicts with State or Federal law and Engrossed Second Substitute Senate Bill 5073 regarding medical cannabis collective gardens and medical cannabis dispensaries Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6416 The Ordinance will remove the City from conflict between the Federal law and State law regarding marijuana being a class one drug. MOTION CARRIED UNANIMOUSLY. 7-0 D. Ordinance No. 6417 (Peloza/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, repealing Chapter 2.14 of the Auburn City Code relating to Municipal Court System Councilmember Peloza moved and Councilmember Osborne seconded to approve Ordinance No. 6417 Councilmember Partridge moved and Councilmember Osborne seconded to postpone the ordinance to the meeting following one-year’s time. Councilmember Partridge stated Judge Burns had presented a proposal that may be a better option than outsourcing the court services. The Council should give the court one year to prove their ability to make the changes. Councilmember Wagner said the Council has been focused on only the court, but Page 8 of 13 CA.A Page 43 of 138 he believes the issue is the entire public safety system, which includes the court, police and probation. He believes the King County proposal will make the entire system more efficient. Councilmember Peloza thanked staff for laying out the proposal and data. He also thanked the citizens for sharing their thoughts. He added he believes it is time to make a decision. Deputy Mayor Backus expressed her appreciation for Judge Burns. She stated the issue is not the court budget. The issue is the cost of the SCORE facility, the probation department and other unforeseen costs. She added she believes the Council is doing what is best for the City as a whole. Councilmember Holman said he believes the affected employees deserve a vote tonight. MOTION FAILED. 1-6Councilmember Partridge voted yes. Councilmember Peloza said he believes it is advantageous for the City to repeal Auburn Municipal Code 2.14. Councilmember Partridge stated his motion to postpone was to give Council the opportunity to analyze the data more thoroughly. He implored the other Councilmembers to consider what the City will be giving up. Councilmember Holman said every community is affected by addiction. He feels a medical approach is the best solution to the problem. He noted there has been a reduction in crime across the state of Washington. He is unable to attribute the decline in crime rate in the City of Auburn to the Auburn Municipal Court. He said the City would have to reduce other basic services to fund a probation program that does not seem to have a direct impact on the crime rate. MOTION CARRIED. 6-1Councilmember Partridge voted no. City Attorney Heid requested an effective date. Mayor Lewis stated the staff will bring a date forward as soon as possible. E. Ordinance No. 6418 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 17.09.035, 17.09.050, 17.09.070, 17.09.110, 17.10.020, 17.10.050 and 17.10.110 of the Auburn City Code relating to land adjustments and divisions Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6418. The Ordinance clarifies regulations and amendments related to the recent changes in state law. Page 9 of 13 CA.A Page 44 of 138 MOTION CARRIED UNANIMOUSLY. 7-0 F. Ordinance No. 6419 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 18.29.060, 18.29.070, 18.31.020, 18.31.120, 18.52.020 and 18.60.020 of the Auburn City Code as housekeeping measures Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6419. The Ordinance updates the zoning code related to parking, landscaping and supplemental development standards of the Auburn City Code. MOTION CARRIED UNANIMOUSLY. 7-0 G. Ordinance No. 6420 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 19.02.050 of the Auburn City Code related to school impact fees Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6420. The Ordinance changes the deadline of when school impact fee adjustment requests are due. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 4833 (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Auburn and King County for District Court services Councilmember Peloza moved and Councilmember Osborn seconded to approve Resolution No. 4833. The Resolution authorizes an interlocal agreement with King Count for District Court services. Councilmember Partridge stated he understand the need for a new court system. He added he will remain consistent with his votes. MOTION CARRIED. 6-1Councilmember Partridge voted no. Page 10 of 13 CA.A Page 45 of 138 City Attorney Heid noted the interlocal will need to be in conjunction with Ordinance No. 6417. B. Resolution No. 4834 (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Lease Agreement between the City of Auburn and King County for District Court services in Auburn's court facilities Councilmember Peloza moved and Councilmember Osborne seconded to approve Resolution No. 4834. The Resolution authorizes a lease agreement with King County for Auburn's Court facilities. MOTION CARRIED. 6-1Councilmember Partridge voted no. C. Resolution No. 4835 (Wagner/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the negotiations and execution of a contract for non-profit facilitator services with the National Development Council for the Auburn Community Center at the Les Gove Community Campus Councilmember Wagner moved and Councilmember Peloza seconded to approve Resolution No. 4835. The Resolution allows the City to work with National Development Council. There will be no cost to the City until a lease is brought to the City by the contractor and approved by Council. Councilmember Partridge requested clarification on the execution portion of the document. Mayor Lewis advised the Resolution authorizes an agreement to work with a non-profit organization that will review the contracts, cost breakdowns and funding options for the Community Center. The agency can earn a fee two ways, if there is a loan transaction the non-profit will earn a fee of one percent (1%) and if there is a lease that the Council approves. He added all options will require the items to come back before the City Council for approval. MOTION CARRIED UNANIMOUSLY. 7-0 D. Resolution No. 4836 (Backus/Snyder/Heid/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute documents for the transfer and exchange of real property between the City and the Washington State Department of Transportation regarding Phase II of the Auburn Environmental Park Page 11 of 13 CA.A Page 46 of 138 Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Resolution No. 4836. The Resolution authorizes a transfer of property between the Department of Transportation and the City for the Auburn Environmental Park. MOTION CARRIED UNANIMOUSLY. 7-0 E. Resolution No. 4837 (Wagner/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the modification of a contract previously authorized with the passage of Resolution No. 4406 with Virginia Paquette for public art at the Auburn Community Center at the Les Gove Community Campus Councilmember Wagner moved and Councilmember Wales seconded to approve Resolution No. 4837. The Resolution amends an existing agreement for the public art at the Auburn Community Center. Councilmember Partridge asked what committees discussed this resolution. Councilmember Wagner stated it has gone to Art Commission, Public Art Committee and the Les Gove Community Campus Committee. MOTION CARRIED UNANIMOUSLY. 7-0 F. Resolution No. 4840 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award the bid and execute an agreement with the lowest responsible bidder for construction of Public Works Contract Number 12-14 for Project EM0902, Flood Control Barrier Removal Councilmember Wagner moved and Councilmember Peloza seconded to approve Resolution No. 4840. The Resolution authorizes the removal of the flood control barriers. MOTION CARRIED UNANIMOUSLY. 7-0 G. Resolution No. 4841 (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to sign an amendment to the 1998 Interlocal Agreement with the Port of Seattle related to wetland mitigation Deputy Mayor Backus moved and Councilmember Partridge seconded to Page 12 of 13 CA.A Page 47 of 138 approve Resolution No. 4841. The Resolution authorizes interlocal between the Port of Seattle to clarify the flood plain storage capacity. MOTION CARRIED UNANIMOUSLY. 7-0 IX. 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 Upon agreement from the Council, there was no council report. B. From the Mayor Mayor Lewis commended the Council for their dedication and diligence in making a very difficult decision regarding the court. He also commended the citizens of the City of Auburn for their input and action during the meeting. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:40 p.m. APPROVED this 6th day of August, 2012. _____________________________ _________________________________ Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk Page 13 of 13 CA.A Page 48 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: July 24, 2012 Special Meeting Minutes Date: July 26, 2012 Department: Administration Attachments: July 24, 2012 minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:August 6, 2012 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 49 of 138 Page 1 CITY COUNCIL SPECIAL MEETING MINUTES July 24, 2012 1:00 PM The Council Tour began at 1 PM. The following Council members attended: Wagner, Holman, Wales, Peloza, Partridge, and Osborne. Council member Backus was excused. Staff conducting the tour were: Dennis Dowdy, Public Works Director; Dan Repp, Utility Engineer; Cynthia Lamothe, Water Engineer; Allen Hunter, Water System Manager; and Phil Ast, Water Operations Field Supervisor. We met at City Hall and traveled to the Coal Creek Springs Headworks. At the Headworks Staff briefed Council on the following topics and toured the Chlorine Treatment Plant facility: Overview of Coal Creek collection system • Collectors ( pipes, manholes, vaults) • Overflow pond • Chlorine station Groundwater Summary • Puyallup/White River Basin • Aquifer system • Water Level Monitoring Water Rights • Total rights Annual average flow (Qa) = 8.40 and peak day flow (Qi) = 9.69 mgd • MIT allocation 3.9 cfs = 2.52 mgd (1.9 mgd used for peak day planning purposes; low MIT demand season) CA.B Page 50 of 138 City of Auburn Council Meeting Minutes July 24, 2012 Page 2 • Current production = 5.0 mgd (July average to date) • Potential available water = 2.79 mgd during peak demand Spring Production Testing Objective: The objective of our testing is to determine what the springs can produce on a consistent & reliable basis. Water Quality Pathogens Toxics – lead & copper function of corrosion potential. Treatment Systems Chorine Aeration At 2 PM the group traveled to the Howard Road Corrosion Control Facility. At Howard Road Staff briefed Council on the following and toured the facility: Facility Overview • Historical significance of the Old Ram building • Facility Operation 1. Inlet control valve 2. Air towers 3. Clear well 4. Pumping systems 5. Chlorination 6. Generator • Plant Capacity CA.B Page 51 of 138 City of Auburn Council Meeting Minutes July 24, 2012 Page 3 1. Design Capacity = 8 mgd (plant configured for additional 4 mgd with modifications) 2. Capacity used by Coal Creek flow = 5.0 mgd (current production) 3. Adding Well 1 flow = 3.0 mgd Staff & Council then returned to City Hall at 3PM when the tour ended. Approved this 6th day of August 2012. Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk City Council agendas and minutes are available to the public at the City Clerk’s Office, on the City website, and via e-mail. Complete agenda packets are available for review at the City Clerk’s Office and at the Library. Internet: http://www.auburnwa.gov CA.B Page 52 of 138 City of Auburn Council Meeting Minutes July 24, 2012 Page 4 CA.B Page 53 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: July 31, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Claims check numbers 415531 through 416022 in the amount of $4,239,805.84 and dated August 6, 2012. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:August 6, 2012 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 54 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: July 31, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:August 6, 2012 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 55 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Consultant Agreement No. AG-C-417 Date: July 31, 2012 Department: Public Works Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreeement No. AG-C-417 with Murray, Smith, and Associates, Inc. for Engineering Services for a Water Facilities Evaluation Study. Background Summary: The purpose of this study is to review the condition of above ground facilities and key transmission mains and to develop recommendations for the future replacement of portions or all of each facility. The City's Water Utility has a large infrastructure of existing facilities, including booster pump stations, pressure reducing stations, chlorination stations, reservoirs, etc., that, as they age, need to be maintained, refurbished, repaired, and/or replaced. Among the responsibilities of the City is to maintain those facilities in a manner which both maintains the system's reliability and safety, and is cost effective. A consultant was selected to assist the City in developing a long term plan for evaluating, maintaining, repairing, and replacing its existing facilities. A scope of work was developed in which the consultant will: Evaluate existing water facilities by evaluating records and conducting physical inspections of the site and the structural, electrical, and mechanical systems. Develop recommended improvements and life-cycle costs for each facility. Recommend future condition monitoring and evaluation efforts. This study is expected to be completed by December, 2013. City staff has selected Murray, Smith, and Associates Inc. to provide engineering services for this project The not-to-be-exceeded cost for this agreement is $176,400. There are sufficient funds in the 430 (Water) fund for 2012 and 2013 to complete this project. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy AUBURN * MORE THAN YOU IMAGINEDCA.E Page 56 of 138 Meeting Date:August 6, 2012 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 57 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1025 Date: August 1, 2012 Department: Planning and Development Attachments: Budget Status Sheet Bid Tab Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award contract No. 12-15 to Eclipse Coatings, Inc. on its low bid of $78,840 for Project No. CP1025 - Airport Hangars 9 and 10 Roof Repairs project. Background Summary: Hangars 9 & 10, located at the north end of Auburn Municipal Airport are approximately 15 years old and have been plagued with roof leaks since soon after their construction. The contract provides for the preparation of the existing metal roof decks to receive an acrylic elastomeric roof coating system. Environmental conditions require that this system be installed during the month of August to meet humidity and temperature requirements. The Contract includes a joint labor and materials 10 year warranty. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Snyder Meeting Date:August 6, 2012 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 58 of 138 BUDGET STATUS SHEET Project No: CP1025 Project Title: Auburn Municipal Airport Hangers 9 & 10 Roof Repair Project Project Manager: Steven Burke Project Initiation Initiation Date: __October19, 2011_ Permision to Advertise Advertisement Date: __July 11, 2012_ Contract Award Award Date: ___________ Change Order Approval Date: July 31,2012 Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2011 2012 Future Years Total 435 Fund - Airport 200,000 200,000 0 0 Total 0 0 200,000 0 200,000 Estimated Cost (Funds Needed) Activity Prior Years 2011 2012 Future Years Total Design Engineering - City Costs 0 Design Engineering - Consultant Costs 0 Property Acquisition 0 Property Acquisition - Consultant Costs 0 Construction Contract Bid 78,840 78,840 Authorizied Contingency (10%)7,840 7,840 Other - (Indicate what it is)0 Construction Engineering - City Costs 0 Construction Engineering - Consultant Costs 0 Total 0 0 86,680 0 86,680 N:\Construction\BUDGET\CP1025 BudgetStatusSheet.xls 1 of 1CA.F Page 59 of 138 CA.F Page 60 of 138 eGIS Planning Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 8/1/2012 CA.F Page 61 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1112 Date: July 31, 2012 Department: Public Works Attachments: Budget Status Sheet Bid Tab Summary Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council Award Contract No. 12-09, to Global Contractors, LLC on their low bid of $189,850.00 for Project No. CP1112, 2011/2012 Citywide Sidewalk Repair Project Background Summary: This project will repair damaged sidewalk on approximately 3 miles of streets throughout the City (see attached map) with an emphasis on fixing potential tripping hazards. This will mainly be accomplished by removing and replacing damage concrete sidewalk panels. Project areas were selected based on the severity of the damaged sidewalk in the area and citizen complaints. Construction of this project is anticipated to start in August 2012 and be complete in November 2012. A project budget contingency of $5,680 remains in the 328 (Capital Improvement) Fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 6, 2012 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Page 62 of 138 Project No: CP1112Project Title: Project Manager: Seth Wickstrom Initiation/Consultant Agreement Initiation Date: _May 16, 2011________ Permission to Advertise Advertisement Date: _July 12, 2012___ Contract Award Award Date: ____________________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 328 Fund - Capital Improvement Fund (Original Project Budget)200,000200,000 328 Fund - Capital Improvement Fund (Additional funds available for West Main St Sidewalks) 35,00035,000 Total00235,0000235,000 Funds Budgeted (Funds Available) BUDGET STATUS SHEET 2011/2012 Sidewalk Repair Project Date: July 27, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Total 0 0 235,000 0 235,000 Activity Prior Years 20112012 Future Years Total *Design Engineering - City Costs1,0001,000 Construction Contract Bid189,850189,850 Authorized Contingency (20%)37,97037,970 *Construction Engineering - City Costs500500 Total00229,3200229,320 * City staff costs are charged against the Engineering Budget and not the Project Budget, and are not shown here. Prior Years 20112012 Future Years Total **328 Funds Budgeted ( )00(235,000)0(235,000) 328 Funds Needed00229,3200229,320 **328 Fund Project Contingency ( )00(5,680)0(5,680) 328 Funds Required 00000 ** ( # ) in the Budget Status Sections indicates Money the City has available. 328 Capital Improvement Budget Status Estimated Cost (Funds Needed) CA.G Page 63 of 138 BI D T A B U L A T I O N BI D T O T A L S S U M M A R Y Pr o j e c t N a m e : C P 1 1 1 2 , 2 0 1 1 / 2 0 1 2 S i d e w a l k R e p a i r P r o j e c t , C o n t r a c t 1 2 - 0 9 Pr e p a r e d b y : C i t y o f A u b u r n Bi d D a t e : EN G I N E E R ' S E S T I M A T E : 24 1 , 0 5 0 . 0 0 $ AV E R A G E B A S I C B I D A M O U N T : 2 3 3 , 6 7 4 . 3 1 $ BA S I C B I D S P R E A D A M O U N T : 1 1 1 , 8 4 0 . 0 0 $ B a s i c B I D A m o u n t S p r e a d $ S p r e a d % LO W B I D D E R : G l o b a l C o n t r a c t o r s , L L C 1 8 9 , 8 5 0 . 0 0 $ - $ 5 1 , 2 0 0 . 0 0 - 2 1 . 2 4 % Se c o n d B i d d e r : A s p h a l t P a t c h S y s t e m s 2 0 1 , 7 0 0 . 0 0 $ - $ 3 9 , 3 5 0 . 0 0 - 1 6 . 3 2 % TO T A L B i d ( N o T a x A p p l i c a b l e ) Gl o b a l C o n t r a c t o r s , L L C 18 9 , 8 5 0 . 0 0 $ As p h a l t P a t c h S y s t e m s 20 1 , 7 0 0 . 0 0 $ MV G L L C 20 7 , 6 0 0 . 0 0 $ He n d e r s o n P a r t n e r s 22 5 , 2 1 0 . 0 0 $ R. L . A l i a 22 6 , 5 0 0 . 0 0 $ No r T e c C o n s t r u c t i o n 23 4 , 2 2 0 . 0 0 $ Jo h a n s e n E x a v a t i n g 24 7 , 2 6 7 . 0 0 $ Ge n C o n P a c i f i c , I n c . 24 8 , 2 3 6 . 1 0 $ T. M i l l e r C o n s t r u c t i o n 25 4 , 4 7 0 . 0 0 $ RW S c o t t C o n s t r u c t i o n C o m p a n y 30 1 , 6 9 0 . 0 0 $ 7/ 2 6 / 1 2 7/ 2 7 / 2 0 1 2 ( 1 0 : 5 1 A M ) h: \ p r o j \ b i d t a b s \ C P 1 1 1 2 B T . x l s 1 CA.G Page 64 of 138 CA.G Page 65 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1211 Date: July 31, 2012 Department: Public Works Attachments: Budget Status Sheet Bid Tab Summary Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council Award Contract No. 12-12, to T. Miller Construction on their low bid of $40,625.00 plus Washington State sales tax of $3,859.38 for a total contract price of $44,848.38 for Project No. CP1211, Downtown Sculpture Garden. Background Summary: This project include the design and construction of up to seven permanent foundations that will accommodate the installation of art sculptures throughout the Downtown area that will change annually. This project only focuses on the construction of the foundations. The artwork portion of the project is being administer by the Parks and Recreation Department through the Planning and Community Delvelopment Committee. See the attached vicinity map showing the proposed locations. A project increase of $20,848.00 within the 330 Local Revitalization Fund will be necessary, however it will not require a budget adjustment due to the deferment of Project No.CP1115, City Hall NW Plaza Improvements. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 6, 2012 Item Number:CA.H AUBURN * MORE THAN YOU IMAGINEDCA.H Page 66 of 138 Project No: CP1211 Project Title: Project Manager: Kim Truong Project Initiation Initiation Date: _4/16/12_____ Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 2013 Total 330 Local Revitalization Funds 50,000 50,000 001 Parks Professional Services 10,000 10,000 Total 0060,000060,000 Activity Prior Years 20112012 2013 Total Design Engineering - City Costs 011,000 11,000 Design Engineering - Consultant Costs 010,500 10,500 Construction Estimate 044,484 44,484 Authorized Contingency 04,500 4,500 Construction Engineering - City Costs 010,000 10,000 Total 0080,484080,484 Prior Years 20112012 2013 Total *330 Funds Budgeted ( )00(50,000)0 (50,000) 330 Funds Needed 0070,4840 70,484 *330 Fund Project Contingency ( )00000 330 Funds Required 0020,484020,484 Prior Years 20112012 2013 Total *001 Funds Budgeted ( )00(10,000)0 (10,000) 001 Funds Needed 0010,0000 10,000 *001 Fund Project Contingency ( )00000 001 Funds Required 0 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. 330 Local Revitalization Funds Budget Status 001 General Fund Budget Status BUDGET STATUS SHEET Downtown Sculpture Garden Date: July 30, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) H:\PROJ\CP1211-Downtown Sculpture Garden\Budget_Cost Estimate\Budget Status Sheet Sculpture Garden 3.28.12.xlsx 1 of 1CA.H Page 67 of 138 CA.H Page 68 of 138 Downtown Auburn Outdoor Sculpture Gallery Revised Locations As of 7/2/2012 *6 *7 *3 *2 *1 *4 *5 CA.H Page 69 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4831 Date: July 18, 2012 Department: Public Works Attachments: Resolution No. 4831 Revised TIP #6 Revised TIP #43 New TIP #22 Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4831. Background Summary: The purpose of this Resolution is for the City Council to set a time and date for a public hearing to amend the 2012-2017 Transportation Improvement Program. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Backus Staff:Dowdy Meeting Date:August 6, 2012 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 70 of 138 RESOLUTION NO. 4831 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A HEARING DATE IN RELATION TO AMENDING THE 2012-2017 TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN PURSUANT TO R.C.W CHAPTER 35.77 WHEREAS, the City of Aubum was provided not cation by the Puget Sound Regional Council and the Washington State Department of Transportation about three grant awards totaling $3,913, 808; and WHEREAS,.as part of the award, the City is required to add the projects to .the 2012-2017 Transportation Improvement Program (TIP) and the Washington State Transportation Improvement Program (STIP) in o der to be eligible to obligate the awa ded funds; and WHEREAS, RCW 35.77.010 requires that the legislative body of each City is required to prepare and adopt a Comprehensive Transportation Improvement Program (TIP) for the ensuing six years. The program may at any time be revised by a majority of the legislative body of a City, but only after conducting a public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution,No.4831 July 17, 2012 Page 1 of 3 RES.A Page 71 of 138 Section 1. PURPOSE. The purpose of this Resolution is for the City Council to set a time and date for a public hearing to amend the 2012-2017 Transportation Improvement Program. Section 2. NOTICE OF HEARING. The Council hereby directs that a notice specifying the time and place of the public hearing shall be published one time in a newspaper of general circulation and the notice shall also be posted in three public places. Such public notice shall precede the public hearing by at least 10 days. Section 3. DATE OF HEARING. Pursuant to the requiremerrts of.State law, a public hearing on said 2012-2017 Transportation Improvement Program will be held on the 20"' day of August, 2012, 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 Aubum, Washington, before the City.Council. All persons interested in said 2012-2017 Transportation Improvement Program may attend and testify at said hearing. Section 4. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. EFFECTIVE DATE. This resolution shall be in full force and effect upon passage and signatures hereon. Resolution No.4831 July 17, 2012 Page 2 of 3 RES.A Page 72 of 138 DATED and SIGNED this day of August, 2012. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM: l Daniel B. Heid, City Attomey Resolution No.4831 July 17, 2012 Page 3 of 3 RES.A Page 73 of 138 ARTERIAL STREET FUND (102)Capital Facilities Plan Six Year Capital Facilities Plan, 2012-2017 Special Revenue Fund Project Title: TIP # 6 Project No:c222a0 Project Type:Capacity Project Manager:TBD LOS Corridor ID# 15 Description: Budget: 2011YTD Actual201211 Budget BudgetExpendituresBudgetBalance - - - - - - - - - - - - Activity: (Previous Yrs)2011 YE 2013 Year End Total Project Funding Sources:Prior to 2011 Estimate 2012 Budget 2013 Budget Project Total Cost Unrestricted Street Revenue 19,085 - 100,000 156,600 119,085 278,385 Grants (Fed,State,Local)- - - 850,400 - 4,900,000 Traffic Impact Fees - - - - - 290,700 Other (Development Funds)*- - - - - 2,300,000 Other - - - - - - 19,085 - 100,000 1,007,000 119,085 7,769,085 Capital Expenditures: Design 19,085 - 102,700 1,007,000 121,785 1,281,785 Right of Way - - - - - 1,320,000 Construction - - - - - 5,170,000 19,085 - 102,700 1,007,000 121,785 7,771,785 Total Expenditures 2014 2015 2016 2017 2012-2017 Beyond 2017 Funding Sources: Unrestricted Street Revenue 2,700 - - - 259,300 - Grants (Fed,State,Local)170,300 3,879,300 - - 4,900,000 - Traffic Impact Fees - 290,700 - - 290,700 - Other (Development Funds)*1,300,000 1,000,000 - - 2,300,000 - Other - - - - - - 1,473,000 5,170,000 - - 7,750,000 - Capital Expenditures: Design 153,000 - - - 1,262,700 - Right of Way 1,320,000 - - - 1,320,000 - Construction - 5,170,000 - - 5,170,000 - 1,473,000 5,170,000 - - 7,752,700 - Grants / Other Sources: The annual maintenance costs for this project is estimated to be $27,250. Adopted Budget Total Expenditures: Budget Amendments Adjusted Budget Total Funding Sources: Total Expenditures: Forecasted Project Cost: Total Funding Sources: South 272nd 277th St Corridor Capacity & Non Motorized Trail Improvements The South 272nd/277th Street Corridor Capacity & Non-Motorized Trail project consists of the design, environmental permitting, right of way acquisition/dedication, and construction of intersection improvements and major roadway widening on S 277th St from Auburn Way North to L Street NE. The project components include adding two new eastbound through lanes, one new west bound through lane, a Class I separated non motorized trail, street lighting improvements, storm drainage improvements, streetscaping improvements, Intelligent Transportation System improvements, intersection capacity and safety improvements, and auxiliary turn lanes at Auburn Way North, D Street NE, and I Street NE. Project length is approximately 3,300 feet. Progress Summary: Robertson Properties Group is participating in this project and is dedicating all necessary roadway frontage to the City. FHWA Grant was secured in 2012 for Design and ROW phases. Construction grant funding application will be submitted in 2012. Future Impact on Operating Budget: RES.A Page 74 of 138 ARTERIAL STREET FUND (102)Capital Facilities Plan Six Year Capital Facilities Plan, 2012-2017 Special Revenue Fund Project Title: Auburn Way South (SR-164) Corridor Safety Improvements TIP # 43 Project No:cpxxxx Project Type:Capacity Project Manager:TBD LOS Corridor ID# 4 Description: Budget: 2011YTD Actual201211 Budget BudgetExpendituresBudgetBalance - - - - - - - - - - - - Activity: (Previous Yrs)2011 YE 2012 Year EndTotal Project Funding Sources:Prior to 2011Estimate2012 Budget2013 BudgetProject TotalCost Unrestricted Street Revenue - - - - - - Grants (Fed,State,Local)- - - 250,000 - 2,333,108 Traffic Impact Fees - - - - - - PWTFL - - - - - - Other - - - - - - - - - 250,000 - 2,333,108 Capital Expenditures: Design - - - 250,000 - 312,210 Right of Way - - - - - 69,585 Construction - - - - - 1,951,313 - - - 250,000 - 2,333,108 TotalExpenditures 20142015201620172012-2017Beyond 2017 Funding Sources: Unrestricted Street Revenue - - - - - - Grants (Fed,State,Local)2,083,108 - - - 2,333,108 - Traffic Impact Fees - - - - - - PWTFL - - - - - - Other - - - - - - 2,083,108 - - - 2,333,108 - Capital Expenditures: Design 62,210 - - - 312,210 - Right of Way 69,585 - - - 69,585 - Construction 1,951,313 - - - 1,951,313 - 2,083,108 - - - 2,333,108 - G ra n t s /O t h e r S o u rc e s : Adopted Budget This project will improve access management, provide u-turns, upgrade transit stops and street lighting, widen to accomodate turn lanes and pedestrians and bicycles, upgrade pavement markings, install pedestrian signals and audible pedestrian push buttons, and upgrade traffic signals to change the phasing and to improve the visibility of the signal heads. Progress Summary: Grant funding was awarded in 2012 and does not require a local match. Future Impact on Operating Budget: This project will have no impact on the operating budget for street maintenance. Total Expenditures: Budget Amendments Adjusted Budget Total Funding Sources: Total Expenditures: Forecasted Project Cost: Total Funding Sources: RES.A Page 75 of 138 ARTERIAL STREET PRESERVATION FUND (105)Capital Facilities Plan Six Year Capital Facilities Plan, 2012-2017 Special Revenue Funds Project Title: West Valley Highway System Preservation (15th NW to 37th NW) Project No:cpxxxx TIP #22 Project Type:Non-Capacity Project Manager:Seth Wickstrom Budget: 2011YTD Actual201211 Budget BudgetExpendituresBudgetBalance - - - - - - - - - - - - Activity: (Previous Yrs)2011 YE 2013 Year EndTotal Project Funding Sources:Prior to 2011Estimate2012 Budget2013 BudgetProject TotalCost Artertial Preservation Fund - - - 560,000 - 5 6 0 ,0 0 0 Grant Funding(Federal, State, Local)- - - 560,000 - 5 6 0 ,0 0 0 Utility Tax - - - - - - REET2 - - - - - - Bond Proceeds - - - - - - - - - 1,120,000 - 1,120,000 Capital Expenditures: Design - - - 134,000 - 1 3 4 ,0 0 0 Right of Way - - - - - - Construction - - - 986,000 - 9 8 6 ,0 0 0 - - - 1,120,000 - 1,120,000 TotalExpenditures 20142015201620172012-2017Beyond 2017 Funding Sources: Artertial Preservation Fund - - - - 560,000 - Grant Funding(Federal, State, Local)- - - - 560,000 - Utility Tax - - - - - - REET2 - - - - - - Bond Proceeds - - - - - - - - - - 1,120,000 - Capital Expenditures: Design - - - - 134,000 - Right of Way - - - - - - Construction - - - - 986,000 - - - - - 1,120,000 - Grants / Other Sources: Total Expenditures: Budget Amendments Adjusted Budget Total Funding Sources: Total Expenditures: Forecasted Project Cost: Total Funding Sources: Description: The West Valley Highway System Preservation project will overlay the failing portions of the street pavement between 15th Street NW and 37th Street NW. This entails the installation of a leveling course, providing a 2”-3” thick asphalt concrete overlay, and includes minor surface utility adjustments. Progress Summary: FHWA STP Grant funding was secured in 2012. Future Impact on Operating Budget: None Adopted Budget RES.A Page 76 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4843 Date: July 25, 2012 Department: Finance Attachments: Resolution No. 4843 Lease Schedule A-1 & A-2 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4843. Background Summary: Resolution No. 4843 authorizes a lease agreement at the airport with Airtech Instrument Co., Inc. for five years and provides for additional extensions if the City and Airtech both agree. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:August 6, 2012 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 77 of 138 RESOLUTION NO. 4 8 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON; AUTHORIZING THE MAYOR AND CITY CLERK l'O EXECUTE A FIXED-BASED LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND AIRTECH INSTRUMENT CO., INC. WHEREAS, the City of Aubum owns and operates the Aubum Municipal Airport; and WHEREAS, Airtech Instrument Co. Inc., a Washington corporation, desires to lease certain premises at the airport for the purpose of conducting a fixed-base operation at a cost that is acceptable to the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerk are hereby authorized to execute a Fixed-Base Lease Agreement between the City and Airtech Instrument Co. Inc. which agreemerrt shall be in substantial conformity with the agreemerrt attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2012. CITY OF AUBURN PETER B. LEWIS, MAYOR Reselution,No.4843 July 18, 2012 Page 1 of 2RES.B Page 78 of 138 ATTEST Danielle E. Daskam, City Clerk APPR ED A ORM: Daniel B. Heid, dy Attomey Resolution No.4843 July 18, 2012 Page 2 of 2RES.B Page 79 of 138 FIXED-BASED BUILDING LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease°) is entered into as of the day of 20_ by and between Landlord and Tenant, as described in the following basic lease information. Landlord and Tenant hereby agree as follows: ARTICLE 1 BASIC LEASE INFORMATIbN. In addition to the terms defined elsewhere in this Lease, the following terms shall have the following meanings: LANDLORD: City of Aubum, a municipal corporation LANDLORD'S ADDRESS 25 West Main St. Aubum, WA 98001 Attn: Airport Supervisor TENANT Airtech Instrument Co., Inc. TENANT ADDRESS: 2131 E St NE Aubum, WA 98002 PREMISES: A single story masonry and frame building TERM: Five (5) years beginning on the Commencement Date and expiring on the Expiration Date. COMMENCEMENT DATE. EXPIRATION DATE: MONTHLY RENT Tenant agrees to pay MoMhly Rent for the Premises. Rent shall be paid monthly at an initial rate of Seven Hundred Fifty Doliars ($750.00) per month, plus applicable Operating Costs as defineii in Section 3.2. ARTICLE 2 AGREEMENT, USE, MAINTENANCE AND REPAIR; AND TERM 2.1 Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, according to the terms and conditions of this Lease. Landlord will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, and TenaM will be deemed to have accepted the Premises, 1 Version date 7/30/2012:4:35:26 PM RES.B Page 80 of 138 based on its own inspection and not relying on any statement of the condition of the Premises by Landlord or its agents, in its present "as-is' condition subject to all applicable zoning, municipal, county and state laws, ordinances and regulations goveming and regulating the use of the Premises, and any covenants or restrictions of record. 2.2 Use: Tenant"shall use the Premises only for the purpose of conducting a fixed- base operation and for no other purpose. The fixed-base operation may indude any or all of the following uses: a. repair of Aircraft, Marine Industrial Instruments b. sale of aircxeft parts and accessories (retail and%r wholesale); c. sale of new and used radios and all other elecVonic equipment including aircraft instruments; d. sale of navigational and airmen's supplies and accessories; e. loading and unloading of airoraft in any lawful business; f. installation of vending equipmerrt .and/or coffee bar with the purpose of serving Tenant's employees and customers; The Tenant agrees to tumish these services on a fair, equal and not unjusUy discriminatory basis to all users thereof. Tenant shall not allow the Premises to be used for any unlawful purposes or for purposes that.may resuit in a violation of any local, sta or federal laws, statutes or ordinances applicable to the Premises. The Tenant agrees, at its sole cost and expense, to conform to, comply with and abide by all lawful rules, codes, ordinances, requirements, orders, directions, laws, regulations and standards of the United States, the State.of Washington, and City of Aubum or agency of any of said entities, including rules and regulations of Landlord, inGuding without limitation those relating to environmental matters, now in existence or hereaRer promulgated, applicable to the TenanYs use and opera6on of said Premises, including the construction of any improvements tFiereon, and not to permit said Premises to be used in violation of any of said rules, codes, laws or regulations. Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, Gaims, and demands, indudirig reaso able attomey's fees, that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the covenants of this secbon. 2.3. Use of Public Airoort Facilities. Tenant is granted the nonexGusive use of all public airport facilities including but not limited to taxiways, runways, aproris, navigational aids and facilities relating thereto for the purposes of landings, takeoffs and taxiing of Tenarrt and Tenarrt's aircraft. AIL such use shall be in accordance with the laws of the United States of America, the State of Washington, and the rules and regulations promulgated by their authority with reference to aviation and air navigation, arid in axordance with all reasonable and applicable rules, regulations and ordinances of the Landlord now in force or hereafber prescribed or promulgated by ordinance or by 2 Version dste 7/30/2012:4.3526 PM RES.B Page 81 of 138 law. Landlord agrees during the term of this lease to operete and maintain the airport ani! its public airport facilities as a public airport consistent with and pursuant to sponsor's assurances give by Landlord to the United Statea Govemment under the Federal Airport Act. 2.4 Maintenance and Reoair The Tenant shall maintain the leased premises in good repair and tenable condition, so that at the condusion of the Lease, the premises shall be in a condition as good or better tlian its condition at the commencement of the Lease. 2.4.1 Exterior Reoairs. Landlord shall keep the foundations, adjacent sidewalks, exterio walls, roof and downspouts in good order and, repair, provided; however, that Landlord §hall not be required to repair damage which results from the act of negligence by the Tenant, his agents, servants, or employees. If LandloM refuses or neglects to commence or complete repairs, ether prompUy. or adequately, Tenant may, but shall not be required to; cammence or complete the repairs, and Landiord shall pay the costs thereof to Tenant on demand. 2.4.2 Interior Reoairs. The Tenant shall make.intemal repairs including (but not limited to) repairs to interior walls, floors, wiring plumbing, heating, air- conditioning equipmenX provided, however, that Tenant shatl not be required to repair damage which results from acts of negligence by the Landlord, his agents, servants or employees, or when suoh damage is caused by any peril included within the Landlord's property insurance coverage. If Tenant refuses or neglects to commence or complete repairs within thirty days of written notice Liy the Landlord, Landlord may, but.shall not be,required to, commence or complete the repairs, and Tenant shall pay the costs thereof to Landlord on demand. The Tenant shall keep the interior of the premises in good repair; at his own expense, subject to approval of Landlord, except as otherwise provided in this paragraph. Tenant may make interior alterations and additions at i own cost, subject to approval of the Landlord. The Tenant shall replace all windows glass and plate glass with the glass of same or similar quality whenever said glass is broken or destrbyed; 2.5 Term 2.5.1 Commencement. The Term will commence on the Commencement Date and will expire on the Expiration Date. 2.5.2. Oodon to Renew. If this lease §hall be in force and effect on the date of expiration of the original term, and. the Tenarrt on that date shall have fully complied with the terms and conditions of this lease, Tenant may, at its disaetion, renew this Lease for one five-year term. After the second five-year tertn, Tenant and Landlord may elect to renew for three (3) additional five-year 3 Version date 7/30/2012:435:26 PM RES.B Page 82 of 138 terms. To exerdse any renewal option, the Tenant shall give the Landlord at least one hundred eighty (180) day's advance notice in writing. Landlord will notify Tenant not later U an one hundred twenty (120) days before the end of the lease period whether it intends to renew the Lease. Unless otherwise negotiated by the parties, all other terms of the Lease shall remain in effect ARTICLE 3 RENT 3.1 Monthlv Rent. a. Tenant shall pay the Monthly Rent to Landlord as rent for the Premises. Monthly Rent wilb be paid in advance, to Landlord at Landlord's address or to such other person or place as Landiord designates to Tenant in writing, on or before the first day of each calendar month of the Term, without written_notice or demand. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar morith, then Monthly ReM will be appropriately prorated. The Rental Amount shall tie adjusted annually, effective January 1st of each year during the term of this Lease, in accordance with the previous annual CPI-W for the Seattle- Tacoma-Bremerton area, measured from August to August. Rent shall not be decreased if the CPI-W is negative from any previous year Rent shall not increase more than 3% per year beginning January 2014 and will continue during either the first 5-year lease term or, if renewed, fhe first five-year renewal term. b. Tenant Improvement Credit In consideration for the Tenant constructing certain leasehold improvements, which improvemeMs shall become part of the Premises owned by the Landloid after their completion, Landiord agrees to give Tenant a Tenant Improvement Credft of$650 per month far the first four(4) month of the lease. 3.2 Qperadna Costs. Tenant acknowledges and agrees that costs and e enses shall include, tiut are not limited to: Leasehold Excise Taxes at 12.84% of the Monthly Rent (if Leasehold Exase Tax is required by state statute); and any costs and expenses incurred by Landlord in each month in connection with the upkeep, operation, maintenance, repair, and managemeM of the Premises. Commencing on the Lease Commencement Date, Tenant shali pay any and ali Impositions allocable to the Premises. The term "Impositions" shall mean all real estate taxes (to the exterrt any portion of the Premises and any improvemerrts thereon are subject to real estate taxes), water, sanitary sewer and storm water charges, charges fnr public utilities, local improvement or general or special ben t district assessments, license and permit. fees or other charges which shall or may during the Term be assessed, levied, charged, confirmed or impased by any public authority upon or accrue or become due or payable out of or on account of or become a lien on the Premises or any part thereof, including without limitation all real prope.rty taxes allocable to the Improvements, or for the use or occupancy of the Premises, and any tax on receipt of rents. 4 Version date 7/30/2012:4:3526 PM RES.B Page 83 of 138 The term "Impositions" shall expressly include statutory leasehold excise tax imposed by Chapter 82.29A RCW on the taxable rent payable by Tenant hereunder, but shall exGude any income tax, estate, succession, or inheritance taxes. Either Tenant or landlord may contest the validity or amount (induding the assessed valuatian upon the Premises and any exemptions applipble to arry portion thereof of any Imposition for which eiUier is responsible in whote or in part, and which such parly in good faith believes is excessive, improper or invalid. In such event, the payment thereof may be deferred during tFie pendency of such contest, if diligendy prosecuted, but in no event shall Tenant allow a lien for any unpaid taxes whioh it is contesting to attach to the Premises. Each party agrees to join at the other's request in any such contest to the extent such joinder is prerequisite to such prosecution under statute, regulation or administrative practice. In connecbon with a judicial or adrtiinistrative challenge to any assessment, Tenant may take advantage of any stay in collection available under statute, regulation, or court or administrative order or rules. Nothing herein contained, however, shall be so construed as ta allow such items to remain unpaid for such length of time as shall permit the Premises, or any part thereof, to be sold by any govemmental, city or muniapal authority for the nonpayment of the same. Within ten (I 0) days after the amount of such contested item is finally determined to be due, the party liable for such Imposition shall pay the amounts so determined, together with the penalties, irrterest and expenses associated with such contest. 3.3 filitie . Tenant agrees to contract with airport management and pay for all basic utilities (water, sewer and garbage), which shall be used in or charged against the Premises, at a rate of fiffy dollars per month ($50.00) and to hold the Landlord harmless from such charges. Landlord shail cooperate, at no charge to Landlord, in the granting of easements and rights-of-way in, through, above, andlor under property owned and controlled by Landlord at the Airport and reasonably necessary for the provision of utilities to the Premises, provided that if any utility lines, including but not limited to stortn water lines, need to be relocated, the responsibility to relocate them shall be bome solely by the Tenant. It is the intent of Tenant and Landlord that the rent due hereunder shall be absolutely net to Landlord and that Tenant shall pay all costs expenses regarding the Premises whether speafically mentioned herein or not ARTICLE 4 INSURANCE AND INDEMNITY 4.1 TenanYs Insurance. At all times during the Term, Tenant will carry and maintain, at TenanYs expense, the following insurance in U e amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord to the extent allowed by applicable law• 5 Version date 7/30/2012:43526 PM RES.B Page 84 of 138 Commercial General Liability insurance including Airport Liability and Automobile coverage including all owned and non-owned vehicles or aircrafts, with a combined single limit, each occurrence limit of not less than $1,000,000.00. All such insurance will be equivalent to coverage offered by a Commercial General Liability form including, without limitation, personal injury, death of persons or damage to property occurring in, on, or about the Premises, and contractual liability coverage for the pertortnance by Tenant of the indemnity agreements set forth in Section 4.3 of this Lea§e; Insurance covering all of TenanYs machinery, equipment, and any other personal properly owned by Tenant and located on or about the Premises and ariy leasehold improvements to the Premises, in an amount not less than the full replagement cost. Property fortns will provide coverage on a b oad form basis insuring against "all risks of direct physical loss." Worker's compensation insurance insuring against and satisfying TenanYs obligations and liabitities under the workers compensation laws of tl e State where the Premises is located, including employer's liabil'ity insurance in the limits required by the laws of the State where the Premises is located; Any additional insurance reasonably requested by Landlord to cover any unusual risks created by the nature of TenanYs use of the Premises. 4.2 Fortns of the Policies. Certifiqtes of insurance, together with copies of Additional Insured endorsements, when applicable, listing Landlord and any others speoified by Landlord as additional insureds, will be delivered to Landlord prior to TenanYs occupancy of the Premises and firom time to time at least 10 days' prior 10 the expiration of the term of each such policy All Commercial General Liability or comparable poliaes maintained by Tenant will riame Landlord and such other persons or entiUes as Landlord specifies from tiriie to time as additional insureds entitling them to recover under such poliaes for any loss sustained by them, their agents and employees. All such policies maintained tiy Tenant wilt provide that they may not be tertninated nor may coverage be reduced except after 30 days' prior written notice to Lendlord. All Commeraal General Liability and property poliaes maintained by Tenant w'ill be written as primary policies, not contributing with and not supplemental to the coverage that Landlord may carry 4.3 TenanYs Indemnification. Tenant will neither hold nor attempt to hold Landlord, its employees or ageMs liable for, and Tenant will indemnify and hold harmless Landlord, its employees and agents from and against, any and all demahds, claims, causes of action, fines, penalties, damages (including consequential damages), liabilities, judgments, and expenses (including, without limitation, reasonable attomeys' fees) which arise out of or relate to: (1) the use or occupancy or manner of use or oxuparicy of the Premises by Tenant or any person daiming under Tenan (2) any activity, work, or thing done or pertnitted by Tenant in or about the Premises; (3) any breach by Tenant or its employees, agents, contractors or invitees of this Lease; and (4) any injury, loss or damage to the person, property or business of TenaPrt, its erriployees, 6 Version daYe 7/30/2012:435:26 PM RES.B Page 85 of 138 agents, or contractors or any invitees enbering upon the Premises under the express ar implied invitation of Tenant. If any action or proceeding is 6rought against Landlord or its employees or agents by reason of any such claim for which Tenant has indemnified Landlord; Tenant, upon written notice from Landlord, will defend the same at TenanYs expense witli counsel reasonably satisfactory to Landlord. 4.4 VNaiver and Release. Tenant, as a material part of the consideraBon to Landlord for this Lease,. by this Section waives and releases all daims against Landlord, its employees •antl agents with respect to all inatters for which Landlord has disclaimed liability pursuaM to the provisions of this Lease. 4.5 Waiver of Subrocation. Tenant and.Landlord hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. ARTICLE 5. GENERAL 5.1 Events of Defautt. The occurrence of any one or more of the following events shall constitute an "Event of DefaulY' under this Lease: (i) the Premises is left vacant or are abandoned, (ii) any part of the Monthly Rent is not paid when due, or (iii) any nonperformance, breach or default under any other provision of this Lease. 5.2 Landlard's Remedies. If any Everrt of Default oxurs, then Landlord shall have U e rigfit, at its election: 5.2.1 To terminate this Lease, in which case TenanYs right to possession of the Premises will cease and this Lease will be terminated as if the expiration of 4he term fixed in such notice were the end of the Term. 52.2. To cure any Event of Default and to charge Tenant for the cost of effecting such cure, including without limitation reasonable attomeys' fees and Default Interest provided that Landlord will have no obligaUon to cure any such Event of Defauk of Tenant. 5.3 Riahts and Remedies. Each right and remedy provided far in this Le.ase is cumulative and is in addition to every otherright or remedy provided for in this Lease or at law or in equity If a dispute arises under the terms of this Lease or if any payment required tiy this Lease is not paid when due and the matter is tumed over to an attomey, the prevailing party in the dispute will be errtitled to receive its reasonable 7 Version date 7/30/2012:435:26 PM RES.B Page 86 of 138 attomeys' fees in addition to the other damages and costs recoverable under this Lease. 5.4 Quiet Eniovment So long as Tenant performs all covenants and obligations wntained in this Lease, Landlord warrants quiet enjoyment of the Premises by Tenarit; provided that Landlord, its agents or representatives may enter upon and inspect the Premises at reesonable times upon reasonable notice. Landlord's faiiure to comply with this Secdon shall not give TenaM any right to tertninate this Lease, to abate or reduce the Monthly Rent, Parking Expenses or additional rent or tail to peiform any of TenanYs obligations hereunder 5.5 Liens. Tenant will keep the Premises free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons daiming under Tenant. 5.6 Environmental Matters. 5.6.1 TenanYs Oblications. Tenant will not cause or pertnit the storage, treatmenf or disposal of any Hazardous Materials in, on, or about the Premises by Tenant; its ageMs, employees or contractors. Tenant will not permit the Premises to be used or operated in a manner that may cause the Premises or any part of the Premises to be contaminated by any Hazardous Materials in violation of any Environmental Laws. Tenant will not use or permit the Premises to be used for maintenance of its vehiGes. Tenant will be solely responsible for and will defend„ indemnify, and hold Landlord, its agents and employees harmless from and against all direct claims, costs, and liabilities, including attomeys' fees and costs, arising out of or in connection with TenanYs breach of its obligations in this Section. Tenant will be solely responsible for and will defend, indemnify and hold Landlord, its agents, and employees harmless from and against any and all direct Gaims, costs, and liabili6es, including attomeys' fees and costs, arising out of or in cennection with TenanYs intrbduction of Hazardous Materials to the Premises. TenanYs obljgations under this Section shall suNive the expiration or other tertnination of this Lease. 5.6.2 Hazardous Materials. "Hazardous Materials" means asbestos; peVoleum products, explosives, radioactive materials, hazardous waste, hazardous substances, or hazardous materials including, without limitation, substances defined as "hazardous substances" in the Comprehensive Environmental Respbnse Compensation Liability Act of 1980, as amended, 42 U. S. C. Sec. 9601-9657 (°CERCLA°); the Hazardous Material Transportation Act of 1975, 49 U.S.C. Sec. 1801-1812; the Resource Conservation Recovery Acts of 1976, 42 U.S.C. Sec. 6901-6987; the Occupational Safety And health Act of 1970, 29 U.S.C. Sec. 6901-6987; the Occupational Safety And Health Act of 1970, 29 U.S.C. 651 et seq., or any other federal, state or local statute, law, ordinance, 8 Version date 7/30/2012:4:35:26 PM RES.B Page 87 of 138 code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of condud conceming haiardous materials, wastes or substances now or af any time hereinafter in effect(collectively, "Environmental Laws"). 5.7 Termination. At the expiration or other termination of this Lease, Tenant will prompUy quit and:surrender the Premises to Landiord in good order and repair, ordinary wear and tear excepted._All effects, additions and.improvements on the Premises after the end of the Term shall be deemed conGusively to have been abandoned and may be appropriated, sold, stored, destroyed, or othervvise disposed .af by Landlord without noticx to Tenant or any other person and without obligation to account for them. 5.8 Assicnment and Sublettina. Tenarrt shall not assign or sublet the Premises without.the written approval of Landlord,.which approval is at the sole discretion of the Landlord. If Landlord consents to a propbsed assignment or sublease, then Landlord may require Tenant to pay to Landlord a sum equal to 50°h of any rent and other consideration, profit o gain realized by Tenant firom such sublease or assignment, in excess of the rent allocable to the transferred space then being paid by Tenant to Landlord pursuant to the Lease (after deducting the costs of Tenant, if any, in effecting the assignment or sublease, including.reasonable altera6on costs, commissions and legal fees). 5.9 Subseauent Landlord. In the event of any sale or lease of Landlord's interest in the Premises, the Landlord shall be relieved of all covenants and obligaUons hereunder, and this Lease shall be deemed terminated on notice to Tenant of such sale of lease. 5.10 Notices. Notices and other communications required under this Lease shall be in writing and shall be deemed given upon personal delivery; or three (3) bus,iness days after deposit in the United States mail, first dass, postage prepaid, certified, retum receipt requested, or one (1) business day.after timely delivery to an ovemight courier, to the addresses as set forth in Section 1 1 Either parly may by similar notice change the address to which future notices or other communications shall be sent. 5.11 Time is of the Essence. Time is of the essence for each and every provision of this Lease. 5.12 No Waiver The waiver by either Landlord or Tenant of any agreement, condition, or provision corrtained in this Lease will not be.deemed to be a waiver of any subsequent breach of the same or any other agreement, condition, or prbvision contained in this Lease. 5.13 Jurv Waiver If any action, proceeding, claim or counterclaim is brought by IandloM or tenant_against the other or their successors or assigns with respect to any matter whatsoever arising out of or in connection with this lease, the use and occupancy of the buiiding, the relationship between landlord and tenant, any Gaim for injury or damage, or any emergency or statutory remedy, landlord and tenant each hereby knowingly and voluntarily waives trial by jury If landiord commences any summary 9 Version date 7/30/2012:4:35:26 PM RES.B Page 88 of 138 proceeding for nonpayment of rerit, tenant will not interpose (and waives the right to interpose) any counte claim in any such proceeding. 5.14 Brokers. Landlord and Tenant respecdvely represent and warrant to each other that neither of them has consulted or negotiated with any broker or finder with regard to the Premises and will defend, indemnify arid hold the otlier parly harmless from any claims or damages, inGuding reasonable attomeys' fees, arising from any breach of this provision. 5.15 Authori Each of the parties executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such party is authorized to do so by requisite action of the party to this Lease. 5.16 Entrv bv Landlord. Landlord, its agents, employees, and contractors may enter the Premises at ariy reasoriab e hour 5.17 Goveminc Law This Lease will be govemed by and construed pursuant to the laws of the State of Washington, and the ordinances and regulations of the Cit r 5.18 Endre. Aareement: Amendment This Lease contains the entire agreement between Landlord 'antl Tenant No amendment, alteration, modification of, or addition to the Lease w'ill be valid or binding unless exp essed in wri6ng and signed by Landlord and Tenant. 5.19 Late Rent. Any installment of Monthly Rent, Parking Expenses or additional rent not paid (within five (5) days) o on its due date shall bear a late charge of 5% of the delinquent installment, to compensate Landlord for its administrative expenses relating to such delinquency Further, any Monthly Rent or additional rent not paicl when due will accrue irrterest at the default rate of the Prime Rate plus 5% per annum, but in no event in an amount in excess of the maximum rate allowed by applicable law ("Default InteresY) from the date on which it was due until the date on which it is paid in full with axrued interest. The term "Prime Rate" shall mean the.rate of interest frbm time to time as published in the WaU Street Joumal under the table, "Money Rates," or any successor to it, as the prime rate. If the Wall Sbaet Joumal or any successdr to it ceases to publish the prime rate, the Prime Rate will be a comparable inberest rate designated by Landlord to replace the Prime Rate. 5.20 'Landlord Fees: If Tenant requests that Landlofd take any action or give any consent required ar permitted under thi§ Lease or execute an instrumeM or documerrt of estoppel, subordination, non-disturbance or the like, Tenant will reimburse Cantllord for their fiees, costs and expenses incurred in reviewing, negotiating, preparing, processing, executing and delivering the proposed action, oonsent, insVument or document, including, without limitation, reasonable attomeys' fees (induding Landlord's in-house counsel fees and costs, at market-rate) and engineers' fees (including Landlord's in- 10 Version date 7/30/2012:435:26 PM RES.B Page 89 of 138 house engineers' fees and costs, at market-rate), on or before ten (10) days after Landlord's delivery to Tenant of a statement of s_uch fees, costs and expenses. Tenant will be obligated to make such reimbursement witfiout regard to whether Landlord conserrts to any such proposed action or executes any such proposed instrument or document. 5.21 Securitv.Fenoe. The Laridlord agrees that it shall move,.at its sole experise, the existing seaurity fence to a new location as.stiown on Exhibit A to this Lease. The fence shall be moved not later than September 15, 2012. EXECUTED as of the day and year first above written. LANDLORD: TENANT City of Aubum, a municipal corporation By By' i: i: ii Version date 7/30/2012:4:35.26 PM RES.B Page 90 of 138 Schedule A-1 Remove and relocate approximately forty-five (45) linear feet of six (6) foot high galvanized chain link fencing with three (3) strands barbed wire. Relocate one (1) each five (5) foot gate and one (1) each twenty (20) foot double gate and supply new posts. Furnish and install approximately thirty (30) linear feet of six (6) foot high galvanized chain link fencing with three (3) strands barbed wire. RES.B Page 91 of 138 New Fence Location Existing Fence 2131 Building 506 Building Schedule A-2 RES.B Page 92 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4844 Date: July 30, 2012 Department: Parks/Art and Recreation Attachments: Resolution No. 4844 Bid Tab Site Plan Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4844. Background Summary: The City Council approved a project (CP1003) to make improvements to the Lea Hill Park. The City advertised for bids and subsequently opened bids on July 18, 2012. Resolution No. 4844 authorizes the Mayor to the award bid and execute the contract with the lowest responsible bidder to avoid delay of the project. Reviewed by Council Committees: Finance Councilmember:Backus Staff:Faber Meeting Date:August 6, 2012 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 93 of 138 RESOLUTION NO. 4 8 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIBLE BIDDER FOR PUBLIC WORKS COIVTRACT NUMBER 12-13 REGARDING THE LEA HILL PARK IMPROVEMENT PROJECT NO. CP1003 WHEREAS, the Aubum City Council has approved a project to make improvements to the Lea Hill Park Project No. CP1003; and WHEREAS, the City advertised for bids for Project No. CP1003 and all responsive bids timely received were opened on July 18, 2012; and WHEREAS, waiting until the next regularly scheduled meeting to award the construction contract No. 12-13, for Project No. CP1003 would result in a three week delay of the construction shart date; and WHEREAS, it is in the best ir terests of the City to expedite the award of Public Works Construction Contract No. 12-13, in conformity with the bid documents, and to authorize the Mayor to take all appropriate steps to execute a contract with the lowest responsible bidder NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That provided each bid does not.exceed the amount budgeted for project number CP1003, the Mayor is hefeby authorized to award, negotiate, and execute a contract between the City and the lowest responsible bidder, which contract shall conform with the bid documents for public works contract number 12-13. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No.4844 Juty 18, 2012 Page 1 of 2RES.C Page 94 of 138 Section 3. That the Mayor is authorized to reject all bids if such action is in the best interest of the City; Section 4. That this Resolution shall take effect and be in full force upon passage and execution hereof. Dated and Signed this day of August, 2012. CITY OF AUBURN PETER B. LEWIS, MAYOR ATfEST Danielle E. Daskam, City Clerk APP VED ORM: D - iel B. H ' , City Attorne Resolution No. 4844 July 18, 2012 Page 2 of 2RES.C Page 95 of 138 RES.C Page 96 of 138 RES.C Page 97 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4845 Date: July 30, 2012 Department: Planning and Development Attachments: signed REs 4845 Exhibit A - Findings Photos Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4845. Background Summary: The City of Auburn conducts progressive code enforcement action in accordance with Chapter 1.25 (Civil Penalties for Violations) and other applicable Titles and Chapters of the Auburn City Code. The City of Auburn h opened two code compliance cases for 2121 Pike Street on March 29, 2012 and April 27, 201, respectively, following the issuance of Notices to Correct Violations for code violations pertaining to unsecured structures and overgrown vegetations. The City obtained immediate action from Bank of America, the mortgage holder at the time, on securement of the structure. However, for the April 27, 2012 code violation, Bank of America had sold its ownership interest to another party who has not been responsive. The City has progressed through the code compliance process without substantive and appropriate compliance efforts by the ownership entity. Following consultation with the Mayor's Office and the City Attorney's Office, Planning and Development staff have determined that the current condition of this property pertaining to vegetation and structural condition warrant abatement action by the City of Auburn. The passage of this Resolution would authorize the Mayor or designee to engage in substantive abatement action. The condition of the property and the structure present, in staff's professional determination, a threat to the public health, safety and welfare of the residents of the surrounding properties and negatively impacts the community's quality of life. Following passage of the Resolution by the City Council, staff will contract with a qualified service provider to conduct cleanup of the exterior portions of the property and to secure the structure against entry. Staff anticipates that there may be a need to conduct on-going clean up and securement activity until the City can obtain compliance action from the ownership entity. All costs associated with first time and on-going abatement actions will be applied as a lien against the property that will have to be paid AUBURN * MORE THAN YOU IMAGINEDRES.D Page 98 of 138 in order for any future sale of the property to occur. Separately, Planning and Development staff will work with the City Attorney's Office to obtain warrant authority from King County Superior Court to access the interior of any structures on the subject property to conduct needed clean up and removal in order to reduce potential threats to the public health, safety and welfare. The warrant authority is required because of constitutional protections. Upon receipt of the warrant, the City will direct a contractor to conduct necessary cleanup and removal actions. Any costs associated with this work will be applied as a lien against the property that will have to be paid in order for any future sale of the property to occur. The City will also track and apply all administrative costs (staff time, court cots, filing fees, etc.) associated with the conduct of abatement against this property and apply them as a lien against the property as well. The Planning and Development Department has adequate budget capacity to cover anticipated costs associated with abatement actions potentially through the remainder of the calendar year. These anticipated costs range between $750 and $1,000. The Planning and Community Development Committee recommended approval of Resolution No. 4845 to the full City Council at its July 23, 2012 regular meeting. Reviewed by Council Committees: Planning And Community Development Other: Mayor's Office, City Attorney's Office Councilmember:Backus Staff:Snyder Meeting Date:August 6, 2012 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 99 of 138 RESOLUTION NO. 4 8 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE THE WEED AND VEGETATION NUISANCE AT 2121 PIKE STREET NE, IN THE CITY OF AUBURN WHEREAS, Title 8 of the Auburn City Code (ACC) provides for an enforcement mechanism for the City to address abatement of nuisances and enforcement of laws against unlawful activity involving overgrown vegetation, uncut grass and weeds; and WHEREAS, the code provisions empower the City to take corrective action when efforts to have the property owner cure the nuisance problem have been unsuccessful; and WHEREAS, City Code Enforcement staff have met with, communicated with, given correction notices and issued infractions to the owner of the property at 2121 Pike Street NE, in the City of Auburn ("Property"), which efforts have been inadequate to prompt the owners to correct the nuisance conditions at that property; and WHEREAS, because the uncut vegetation and weeds present a danger to public health, safety and welfare it is appropriate that the City take appropriate steps to abate the nuisance conditions on said property and to take all steps provided in code to recover the City's costs of such corrective action. Resolution No. 4845 July 19, 2012 Page 1 of 4 RES.D Page 100 of 138 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Findings of Nuisance. That the City Council makes the following findings: a) That the property located at 2121 Pike Street NE in Auburn contains weeds and overgrown vegetation in violation of ACC 8.12 and 8.20. b) That the condition of the Property constitutes a nuisance, as described in Exhibit A, that warrant abatement under ACC 8.12 and 8.20, specifically due to unmaintained brush and other vegetation which may create an insect or rodent harborage and grass and ground cover exceeding a height of 12 inches that create a fire hazard. c) That the condition of the Property, as described in Exhibit A, is detrimental to health, safety and welfare of the public that necessitates corrective action to preserve the public health, safety and welfare d) That the City has provided the property owners with notice of the violations, the nuisance conditions, and necessary remedial action and they have all failed to take corrective action. Section 2. Authorization for Abatement_and_Cost Recovery That if the nuisance conditions herein described are not fully corrected within three days of receipt of written notice of abatement of these nuisance conditions to the person(s) or entity owning, occupying or controlling such premises, the Mayor is authorized to utilize City resources to correct and abate the nuisance conditions Resolution No.4845 July 19, 2012 Page 2 of 4 RES.D Page 101 of 138 at said Property, to record all costs of abatement, and to take all legal steps to recover these costs from the person(s) or entity owning or controlling the premises. Section _3. Continuina Abatement Authorization. That after the Mayor has exercised the authority granted in Section 2, the Mayor finds that any of the above findings describe the condition of the Property, the Mayor is authorized to again give notice of abatement to the person(s) or entity owning, occupying or controlling such premises and, if no corrective action is taken within three days of the date of receipt of the notice, to again utilize City resources to correct and abate the nuisance conditions at said Property and take all legal steps to recover the costs from the person(s) or entity owning or controlling the premises. Section 4. Administrative-Procedures. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this day of 2012. CITY OF AUBURN PETER B. LEWIS, MAYOR Resolution No.4845 July 19, 2012 Page 3 of 4 RES.D Page 102 of 138 ATTEST Danielle E. Daskam, City Clerk APPF3ANED hZ TO FORM: Yj a_ /& ani@ B.City Attome Resolution No. 4845 July 19, 2012 Page 4 of 4 RES.D Page 103 of 138 RES.D Page 104 of 138 RES.D Page 105 of 138 RES.D Page 106 of 138 RES.D Page 107 of 138 RES.D Page 108 of 138 RES.D Page 109 of 138 RES.D Page 110 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4846 Date: July 30, 2012 Department: Planning and Development Attachments: signed Res 4846 Exhibit A - Findings of Fact photo pages 2 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4846. Background Summary: The City of Auburn conducts progressive code enforcement action in accordance with Chapter 1.25 (Civil Penalties for Violations) and other applicable Titles and Chapters of the Auburn City Code. The City of Auburn has opened three code compliance cases for 3102 O Street SE in 2010 and 2011 - with the last opened case in 2011 still open - following the issuance of Notices to Correct Violation for code violations pertaining to overgrown vegetation, garbage and unsecured structures. The City has progressed through the code compliance process without substantive and appropriate compliance efforts by the ownership entity. Following consultation with the Mayor's Office and the City Attorney's Office, Planning and Development staff have determined that the current condition of this property pertaining to vegetation and structural condition warrant abatement action by the City of Auburn. The passage of this Resolution would authorize the Mayor or designee to engage in substantive abatement action. The condition of the property and the structure present, in staff's professional determination, a threat to the public health, safety and welfare of the residents of the surrounding properties and negatively impacts the community's quality of life. Following passage of the Resolution by the City Council, staff will contract with a qualified service provider to conduct cleanup of the exterior portions of the property and to secure the structure against entry. Staff anticipates that there may be a need to conduct on-going clean up and securement activity until the City can obtain compliance action from the ownership entity. All costs associated with first time and on-going abatement actions will be applied as a lien against the property that will have to be paid in order for any future sale of the property to occur. Separately, Planning and Development staff will work with the City Attorney's Office to AUBURN * MORE THAN YOU IMAGINEDRES.E Page 111 of 138 obtain warrant authority from King County Superior Court to access the interior of any structures on the subject property to conduct needed clean up and removal in order to reduce potential threats to the public health, safety and welfare. The warrant authority is required because of constitutional protections. Upon receipt of the warrant, the City will direct a contractor to conduct necessary cleanup and removal actions. Any costs associated with this work will be applied as a lien against the property that will have to be paid in order for any future sale of the property to occur. The City will also track and apply all administrative costs (staff time, court cots, filing fees, etc.) associated with the conduct of abatement against this property and apply them as a lien against the property as well. The Planning and Development Department has adequate budget capacity to cover anticipated costs associated with abatement actions potentially through the remainder of the calendar year. These anticipated costs range between $1,500 and $2,000. The Planning and Community Development Committee recommended approval of Resolution No. 4846 to the full City Council at its July 23, 2012 regular meeting. Reviewed by Council Committees: Planning And Community Development Other: Mayor's Office, Attorney's Office Councilmember:Backus Staff:Snyder Meeting Date:August 6, 2012 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 112 of 138 RESOLUTION NO. 4 8 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN; WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE THE LITTER, JUNK, WEED AND ATTRACTIVE NUISANCE AT 3102 O STREET SE, IN THE CITY OF AUBURN WHEREAS, Title 8 of the Auburn City Code (ACC) provides for an enforcement mechanism for the City to address abatement of nuisances and enforcement of laws against unlawful activity involving junk, litter, debris and weeds; and WHEREAS, the code provisions empower the City to take corrective action when efforts to have the property owner cure the nuisance problem have been unsuccessful; and WHEREAS, City Code Enforcement staff have met with, communicated with, given correction notices and issued infractions to the owner of the property at 3102 O Street SE, in the City of Auburn ("Property"), which efforts have been inadequate to prompt the owners to correct the nuisance conditions at that property; and WHEREAS, because the litter, debris, weeds, and junk present a danger to public health, safety and welfare it is appropriate that the City take appropriate steps to abate the nuisance conditions on said property and to take all steps provided in code to recover the City's costs of such corrective action. Resolution No.4846 July 18, Zbu Page 1 of 4 RES.E Page 113 of 138 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Findinas of Nuisance. That the City Council makes the following findings: a) That the property located at 3102 O ST SE in Auburn contains trash, litter, debris, overgrown vegetation in violation of ACC 8.12 and 8.20. b) That the condition of the Property may reasonably be expected to attract young children and poses a danger to such children. c) That the condition of the Property constitutes a nuisance, as described in Exhibit A, that warrant abatement under ACC 8.12 and 8.20, specifically due to the maintenance of a structure that is a danger to others; filthy, littered or trash- covered premises; the presence of trash, litter, rags, debris, and other material, which provides harborage for insects, rodents, or other pests; garbage disposed of in a manner other than provided in the solid waste code; grass clippings, cut brush or cut weeds which may create an insect or rodent harborage; the improper and unpermitted storage of junk within a building; the unsecured entry ways; and grass and ground cover exceeding a height of 12 inches. d) That the condition of the Property as described in Exhibit A, is detrimental to health, safety and welfare of the public and is a source of filth that necessitates corrective action to preserve the public health, safety and welfare Resolution No.4846 July 19, 2012 Page 2 of 4 RES.E Page 114 of 138 e) That the City has provided the property owners with notice of the violations, the nuisance conditions, and necessary remedial action and they have all failed to take corrective action. Section 2. Authorization for Abatement and Cost Recovery That if the nuisance conditions herein described are not fully corrected within three days of receipt of written notice of abatement of these nuisance conditions to the person(s) or entity owning, occupying or controlling such premises, the Mayor is authorized to utilize City resources to correct and abate the nuisance conditions at said Property to record all costs of abatement, and to take all legal steps to recover these costs from the person(s) or entity owning or controlling the premises. Section 3. Continuing.-Abatement Authorization. That after the Mayor has exercised the authority granted in Section 2, the Mayor finds that any of the above findings describe the condition of the Property, the Mayor is authorized to again give notice of abatement to the person(s) or entity owning, occupying or controlling such premises and, if no corrective action is taken within three days of the date of receipt of the notice, to again utilize City resources to correct and abate the nuisance conditions at said Property and take all legal steps to recover the costs from the person(s) or entity owning or controlling the premises. Resolution No.4846 July 19, 2012 Page 3 of 4 RES.E Page 115 of 138 Section 4. Administrative Procedures. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this day of 2012. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk C aniel-B.l PP E O FO Reid, City Attorne Resolution No.4846 July 19, 2012 Page 4 of 4 RES.E Page 116 of 138 RES.E Page 117 of 138 RES.E Page 118 of 138 RES.E Page 119 of 138 RES.E Page 120 of 138 RES.E Page 121 of 138 RES.E Page 122 of 138 RES.E Page 123 of 138 RES.E Page 124 of 138 RES.E Page 125 of 138 RES.E Page 126 of 138 RES.E Page 127 of 138 RES.E Page 128 of 138 RES.E Page 129 of 138 RES.E Page 130 of 138 RES.E Page 131 of 138 RES.E Page 132 of 138 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4848 Date: August 1, 2012 Department: Public Works Attachments: Resolution No. 4848 Budget Status Sheet Budget Impact: $0 Administrative Recommendation: City Council to approve Resolution No. 4848. Background Summary: The roof at the new Auburn Valley Humane Society building at 4910 A Street has had a history of leaks that Facilities staff has addressed through temporary repairs. Recently, Facilities staff determined that the roof had deteriorated to a condition where it could not safely serve the upcoming animal shelter operations, could negatively impact the current tenant improvement construction activity and could pose the potential for damage or other impacts to future building interior assets. Because of the need to address this situation immediately, Mayor Lewis, after consulting with Facilities and the City Attorney's Office, declared an emergency for the purposes of issuing an emergency repair contract for the replacement of the roof. This work was awarded on July 20, 2012 and notice to proceed was issued on July 27, 2012 following execution of all required contract documents. The work is anticipated to be completed by the week of August 6th. The condition of the roof was such that it could not be reasonably repaired on an interim or piecemeal basis, and the City did not have time to go out to bid on a regular project without leaving the roof in a condition where it could pose significant harm because of a delay in action. Under RCW 39.04.280, the Mayor has the authority to declare that an emergency situation exists, waive competitive bidding, and award all necessary contracts to address the situation. State law requires that "a written finding of the existence of an emergency must be made by the governing body and duly entered of record no later than two weeks following the award of the contract". The Council by its action would ratify the findings of the Mayor and his authorization of the emergency repair contract. Reviewed by Council Committees: Public Works Other: Legal, Planning AUBURN * MORE THAN YOU IMAGINEDRES.F Page 133 of 138 Councilmember:Backus Staff:Snyder Meeting Date:August 6, 2012 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F Page 134 of 138 ---------------------------- Resolution No. 4848 8.1.2012 Page 1 of 3 RESOLUTION NO. 4848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RATIFYING THE WAIVER OF COMPETITIVE BIDDING REQUIREMENT FOR EMERGENCY REPAIRS TO THE AUBURN VALLEY HUMANE SOCIETY BUILDING ROOF WHEREAS, Auburn City Code (“ACC”), Chapter 3.10 ACC, empowers the Mayor to waive certain contracting requirements in situations where public health and safety may be affected; and WHEREAS, Section 39.04.280(1)(e) of the Revised Code of Washington allows the City to waive competitive bidding for public works in case of an emergency; and WHEREAS, RCW 39.04.280(2)(b) allows the Mayor to declare an emergency situation to exist, and to waive competitive bidding requirements in order to award a contract. Provided, that the if a contract is awarded without competitive bidding, the Council and Mayor must enter written findings and enter them on the record within two weeks of awarding the contract; and, WHEREAS, On July 20, 2012, Facilities staff notified the Mayor that the roof of the building proposed to house the Auburn Valley Humane Society (“AVHS”) was leaking. In staff’s opinion, backed by a review by a design engineer, continued leaking could have caused the roof to collapse, jeopardizing the on-going tenant improvements. Based on staff’s recommendation, the Mayor authorized an emergency contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: RES.F Page 135 of 138 ---------------------------- Resolution No. 4848 8.1.2012 Page 2 of 3 Section 1. The City Council and Mayor find as follows: a. That the roof at the AVHS building was leaking on and before July 20, 2012; b. That the roof was severely deteriorated at both the flat, built-up section and the sloped shingle section, that the plywood parapet surrounding the built up roofing area was also severely deteriorated, and that incorrectly installed flashing and a roof drain at an area of obvious ponding adjacent to the southeast corner of the structure created an additional risk of failure; c. That all of these areas showed signs of previous leaks. d. That, based on the existing condition of the roof, the inclement weather the previous week, and the possibility that continued leaking could jeopardize the on- going tenant improvements, it was impractical to use competitive bidding processes. Section 2. That, based on the findings in Section 1, the Council and Mayor declare that an emergency situation exists supporting the waiver of completive bidding for a contract to repair the AVHS building’s roof. Section 3. That, all prior acts by the Mayor and staff to effectuate the repairs of the roof are hereby ratified and confirmed. Section 4. That the Mayor is authorized to implement such further administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. That this Resolution shall take effect and be in full force upon passage and signatures hereon. RES.F Page 136 of 138 ---------------------------- Resolution No. 4848 8.1.2012 Page 3 of 3 Dated and Signed this _____ day of _________________, 2012. CITY OF AUBURN ________________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney RES.F Page 137 of 138 Contract No: EM1203Project Title: Project Manager: Lisa Moore Project Initiation Initiation Date: 7/20/12 Permision to Advertise Advertisement Date: ________ Contract Award Award Date: 7/20/12 Change Order Approval Date: July 31,2012 Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 505.00.524.500.48 FAC Repairs and Maint.160,858 160,858 0 0 Funds Budgeted (Funds Available) BUDGET STATUS SHEET Emergency Roof Replacement The "Future Years" column indicates the projected amount to be requested in future budgets. Total00160,8580160,858 Activity Prior Years 20112012 Future Years Total Design Engineering - City Costs 0 Design Engineering - Consultant Costs 0 Property Acquisition 0 Property Acquisition - Consultant Costs 0 Construction Contract Bid 53,848 53,848 Authorizied Contingency (10%)0 Other - (Indicate what it is)0 Construction Engineering - City Costs 0 Construction Engineering - Consultant Costs 0 Total0053,848053,848 Estimated Cost (Funds Needed) C:\Users\tkriss\Desktop\EM1203BudgetStatusSheet.xls1 of 1RES.F Page 138 of 138