HomeMy WebLinkAbout08-06-2012 Council Agenda Packet
City Council Meeting
August 6, 2012 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
1. 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
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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.
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MS.1 Page 8 of 138
____________________________ _____________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
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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
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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
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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)
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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_____________________________ _______________________________
Rich Wagner Jennifer Rigsby
Chairman Public Works Department Secretary
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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,
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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,
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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
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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
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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.
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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•
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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,
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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
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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,
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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
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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-
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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:
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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
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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
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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
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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