HomeMy WebLinkAbout11-05-2012 Council Agenda Packet
City Council Meeting
November 5, 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. National American Indian Heritage Month Proclamation*
Mayor Lewis to Proclaim November 2012 as "National American Indian
Heritage Month" in the city of Auburn.
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. October 22, 2012 Meeting Minutes* (Peloza)
B.Planning & Community Development
1. October 22, 2012 Meeting Minutes* (Backus)
C.Public Works
1. October 15, 2012 Meeting Minutes* (Wagner)
D.Finance
1. October 15, 2012 Meeting Minutes* (Partridge)
E.Les Gove Community Campus
Page 1 of 597
1. September 26, 2012 Meeting Minutes* (Wagner)
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. October 15, 2012 Regular Meeting Minutes*
B. Claims Vouchers
Claims check numbers 417778 through 418329 in the amount $2,918,160.78 and
dated November 5, 2012.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533311 through 533347 in the amount of $270,185.04 and
electronic deposit transmissions in the amount of $1,240,365.67 for a grand total of
$1,510,550.71 for the period covering October 11-31, 2012.
D. Public Works Project No. C410A* (Wagner/Dowdy)
Approve Change Order No. 4 in the Amount of $1,037.80 to Contract No. 11-12 for
Work on Project No. C410A, 277th Wetland Mitigation Monitoring (Annual)
E. Public Works Project No. C512A* (Wagner/Dowdy)
Grant permission to enter into Consultant Agreement No. AG-C-426 with RH2
Engineering for Engineering and Construction Services for Project No. C512A, Well
4 Emergency Power Improvements
(ACTION REQUESTED: City Council approve the Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.ORDINANCES
A. Ordinance No. 6429* (Heid)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 1.25.010, 1.25.020, 1.25.040, 9.58.020, 9.86.040, 10.12.430, 10.12.440,
10.40.050, 10.40.060 and 15.06.040 and Chapter 10.08, of the Auburn City Code
relating to changes from the Municipal Court to the District Court systems
(ACTION REQUESTED: City Council adopt Ordinance No. 6429.)
B. Ordinance No. 6430* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving the
request of George Lyden for rezoning of an approximately 4.45-acre parcel from
C1, Light Commercial, to M1, Light Industrial, to implement the Comprehensive
Plan and amending the City's zoning maps
Page 2 of 597
(ACTION REQUESTED: City Council adopt Ordinance No. 6430.)
C. Ordinance No. 6433* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
sections of Chapter 18.04, creating a new Chapter 18.23 to the Auburn City Code -
"Commercial and Industrial Zones" and repealing Chapters 18.24, 18.26, 18.28,
18.30, 18.32, and 18.34 of the Auburn City Code; all relating to zoning
(ACTION REQUESTED: City Council adopt Ordinance No. 6433.)
D. Ordinance No. 6434* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating a new
Chapter 18.35 to the Auburn City Code - "Special Purpose Zones", and repealing
Chapters 18.22, 18.40 and 18.44 of the Auburn City Code; all relating to zoning
(ACTION REQUESTED: City Council adopt Ordinance No. 6434.)
E. Ordinance No. 6435* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating a new
Chapter 18.57 to the Auburn City Code - "Standards for Specific Land Uses;"
relating to zoning
(ACTION REQUESTED: City Council adopt Ordinance No. 6435.)
VIII.RESOLUTIONS
A. Resolution No. 4852* (Partridge/Snyder)
Approve a Conservation Grant Agreement between the City of Auburn and Puget
Sound Energy for energy conservation measures at the Auburn Justice Center
(ACTION REQUESTED: City Council adopt Resolution No. 4852.)
B. Resolution No. 4863* (Backus/Hursh)
A Resolution of the City Council of the City of Auburn, Washington, adopting the
2013 Community Development Block Grant Action Plan for the Consolidated Plan
for years 2010-2014
(ACTION REQUESTED: City Council adopt Resolution No. 4863.)
C. Resolution No. 4870* (Backus/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an agreement between the City of Auburn and
King County for design, project management, and construction management
services
(ACTION REQUESTED: City Council adopt Resolution No. 4870.)
D. Resolution No. 4871* (Peloza/Stowe)
A Resolution of the City Council of the City of Auburn, Washington, approving and
authorizing an Interlocal Agreement with Federal Way to share the cost of
developing a software interface to support the new Valley Communications
Computer Aided Dispatch system
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(ACTION REQUESTED: City Council adopt Resolution No. 4871.)
E. Resolution No. 4875* (Partridge/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, Declaring
Certain Items of Property as Surplus and Authorizing Their Disposal
(ACTION REQUESTED: City Council adopt Resolution No. 4875.)
F. Resolution No. 4876* (Partridge/Coleman)
A Resolution of the City Council of the City Of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a settlement agreement between the City of
Auburn and Waste Management of Washington, Inc., related to missed pickups
(ACTION REQUESTED: City Council adopt Resolution No. 4876.)
G. Resolution No. 4877* (Backus/Lien)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute an agreement between the City of Auburn and King County for
the purchase of real property from King County
(ACTION REQUESTED: City Council adopt Resolution No. 4877.)
H. Resolution No. 4878* (Backus/Lien)
A Resolution of the City Council of the City Of Auburn, Washington, authorizing the
Mayor to execute an agreement between the City of Auburn and Orion Industries
for the sale of real property to Orion Industries
(ACTION REQUESTED: City Council adopt Resolution No. 4878.)
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
B. From the Mayor
X.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
National American Indian Heritage Month Proclamation
Date:
October 31, 2012
Department:
Administration
Attachments:
Proclamation
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 5, 2012 Item Number:AN.1
AUBURN * MORE THAN YOU IMAGINEDAN.1 Page 5 of 597
Mayor’s Proclamation
WHEREAS, The indigenous peoples of North America -- the First Americans -- have
woven rich and diverse threads into the tapestry of our Nation's heritage. Throughout
their long history on this great land, they have faced moments of profound triumph and
tragedy alike; and
WHEREAS, This month, we celebrate the ancestry and time-honored traditions of
American Indians and Alaska Natives in North America. They have guided our land
stewardship policies, added immeasurably to our cultural heritage, and demonstrated
courage in the face of adversity; and
WHEREAS, the contributions of American Indians have enhanced the freedom,
prosperity, and greatness of America today. Their customs and traditions are
respected and celebrated as part of a rich legacy throughout the United States; and
WHEREAS, Native American Awareness Week began in 1976 and recognition was
expanded by Congress and approved by President George Bush in August 1990,
designating the month of November as National American Indian Heritage Month;
and
NOW THEREFORE, I, Peter, B. Lewis, Mayor of the city of Auburn, do hereby
proclaim November 2012 as
“NATIONAL AMERICAN INDIAN HERITAGE MONTH”
in the city of Auburn, and urge all citizens as well as our elected representatives to
recognize and commemorate the important contributions that the American Indian and
Alaskan Native peoples have made to our country and communities.
DATED this 1st day of November 2012 CITY OF AUBURN
___________________________
Peter B. Lewis, Mayor
AN.1 Page 6 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 22, 2012 Meeting Minutes
Date:
November 1, 2012
Department:
Police
Attachments:
October 22, 2012 Meeting Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:November 5, 2012 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 7 of 597
Municipal Services Committee
October 22, 2012 - 3:30 PM
Council Conference Room
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in the Council
Conference Room of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Peloza, Vice Chair Wayne Osborne,
Member Wales.
Staff present: Mayor Pete Lewis, Councilmember John Partridge,
Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Finance
Director Shelley Coleman, Public Works Director Dennis Dowdy,
Planning and Development Director Kevin Snyder, Parks, Arts and
Recreation Director Daryl Faber, Interim Innovation and Technology
Director Reba Stowe, Assistant City Attorney Steven Gross, Mayor's
Advisor Michael Hursh, Project/Construction Manager Steve Burke,
Administrative and Business Services Manager Darcie Hanson, Solid
Waste and Recycling Supervisor Joan Nelson, Crime Analyst Joe
Ryan, Financial Analyst Tamara Baker and Police Administrative
Secretary/Scribe Terry Mendoza. Others present: Citizen Scot
Pondelick and Auburn Reporter representative Robert Whale.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. October 8, 2012 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Wales seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. ACTION
A. Resolution No. 4871 (Stowe)
Interim IT Director Reba Stowe provided information to the Council on
entering into an Interlocal Agreement with Federal Way to share the
Page 1 of 5
MS.1 Page 8 of 597
cost of developing a software interface to support the new Valley Com
Computer Aided Dispatch (CAD) system. With the new CAD system
being brought online in late 2013, each of the Cities will need an
Interface to facilitate the automated retrieval of incident data from the
CAD system into their respective Police Records Management
system. The Interface is not included as part of the CAD project and
will need to be developed separately. The agreement is between the
four Cities (Federal Way, Des Moines, Black Diamond and Auburn)
that use Spillman Police Records Management to share the cost of
developing the Interface. Federal Way will take the lead. Committee
discussion followed.
Vice Chair Osborne moved to forward as amended to full Council for
consideration. Member Wales seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Financial Options Available to the City (Coleman)
Finance Director Shelley Coleman presented information that her staff
prepared on financial options available to the City. A summary of
remaining sources of City revenues with a detail description provided
for each item were provided. Revenue sources discussed include the
following: the City's remaining debt capacity (City may issue up to
7.5% of its annual assessed value in three ways); Public Utility tax
(City currently assesses a 7.0% tax with the last increase being two
years ago); Cable TV Utility tax (City currently assesses a 1.0% utility
tax); General B&O taxes (CIty is authorized to levy a business and
occupation tax of up to .2% on the gross income or gross
receipts); Regulatory License Fees (Business License fees and/or a
revenue generating regulatory license fee); a Metropolitan Parks
District (MPD) and Transportation Benefit District (TBD). Committee
discussion followed.
B. Auburn Golf Course Financial Review (Coleman)
Parks, Arts and Recreation Director Daryl Faber and Finance Director
Shelley Coleman presented a financial update on the Auburn Golf
Course. For the third quarter 2012 green fees were down in July and
August but significantly increased in September due to great weather.
Rounds played were better than projected in August and September.
Again, based on weather cart rentals and pro shop sales were lower
than anticipated in July and August but were up in September.
Overall, revenues in Washington state are down four percent (4%) but
Auburn is doing better than the region as we are up by one percent
(1%). The plan for next year is to maintain the 2012 green fees but
decrease the amount of discounting that's currently being offered. Page 2 of 5
MS.1 Page 9 of 597
Daryl will provide information on the high school teams at the next
committee meeting. Committee discussion followed.
C. 2013-2014 Solid Waste Rates (Coleman)
Finance Director Shelley Coleman and Joan Nelson, Solid Waste and
Recycling Supervisor, provided the committee with information on their
recent Solid Waste Utility rate study. The objective of the study is to
ensure that the City's Solid Waste Utility is self-sufficient. King County
has increased the tipping fees from $109 per ton to $120.17 per ton for
2013 and the City looks at this as a two year window as that is how
long the tipping fees are in effect. In the 2011 the residential subsidy
was $320,000 and the goal is to decrease this to $250,000 in 2013.
The subsidy in 2013 will actually be $370,000 as we have added
approximately 4,000 residents and only about 20 commercial
customers. Staff recommends the following to get to what
the Committee is requesting based on a $250,000 subsidy: for 2013 a
9% increase to residential customers and 3.8% to commercial
customers, and in 2014 a 5.5% increase for residential and 4.7% for
commercial. Per Chair Peloza's request, information on the Kirkland
direct billing plan will be provided at a future committee meeting.
D. Resolution No. 4872 - Medicine Return Program (Coleman)
Solid Waste and Recycling Supervisor Joan Nelson presented on King
County's proposed Medicine Return Program. Statewide legislation
for a medicine take back program has been unsuccessful so the King
County Board of Health is now considering this program which would
be funded by pharmaceutical manufacturers. The program would help
reduce the public safety and environmental impacts of unwanted
medicine. Committee discussion followed with the Committee stating
their support for Resolution No. 4872.
E. Animal Control Licensing Program Update (Hursh)
Planning and Development Director Kevin Snyder and Michael Hursh,
Advisor to the Mayor, provided the Committee with an update on the
Animal Control Licensing Program. The new Public Affairs and
Marketing Manager, Glenda Carino, has started her position with the
City. Kevin, Michael and Glenda are currently working on revamping
the marketing plan. Since the PetData contract transition is underway
there is a variety of literature marketing the upcoming changes that will
occur in the next sixty (60) days. Marketing includes social media and
a postcard mailing. Member Wales commented that the Auburn Valley
Humane Society is completely committed to making this program work
in our City. Committee discussion followed.
F. Resolution No. 4852 - Conservation Grant Agreement (Snyder/Burke)
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MS.1 Page 10 of 597
Project and Construction Manager Steve Burke reviewed the proposed
Conservation Grant Agreement between the City of Auburn and Puget
Sound Energy for energy conservation measures at the Auburn
Justice Center with the Committee. The Facilities division has
undertaken a heating, ventilation and air cooling (HVAC) upgrade
project at the Justice Center. This project is part of the continuing
energy conservation efforts to reduce electric, gas and other resource
consumption throughout all city building, facilites and infrastructure.
The project was undertaken with an energy savings guarantee
provided by the contractor and is eligible for a Puget Sound Energy
Conservation Grant in the amount of $35,860. Committee discussion
followed.
G. Redlight Photo Enforcement Update (Lee)
Assistant Chief of Police Bill Pierson provided an update on the
Redlight Photo Enforcement. The Auburn PhotoSafe program has not
changed much in the last quarter and it continues to have a positive
impact on public safety. The number of violations at photo enforced
intersections and school zones has been reduced. Committee
discussion followed. The Committee requested information to review
on the RedLight Contract at their November 26, 2012 regular meeting.
H. Matrix
The following items have been changed/updated:
Item 10P: The review date changed to 11/26/12 - to review RedLight
Contract.
Item 20P: The review date changed to 11/13/12.
Item 24P: The review date changed to 4/8/13.
Status updated: Council met with MIT on 10/17/12 and discussed the
2012 APD Fireworks year end report. MIT will continue to provide the
City advance notice of vendor fireworks demonstrations. Will also
continue to limit discharge area fireworks beginning before 10:00 a.m.
during MIT fireworks operations.
Item 27P: The review date changed to 12/10/12.
Item 29P: The review date changed to 1/14/13.
Item 31P: The review date changed to 1/14/13. Status deleted.
Item 32P: The review date changed to 2/11/13. Status updated:
2012 end of year report to be presented.
V. ADJOURNMENT
The meeting was adjourned at 5:15 p.m. The next meeting of the
Municipal Services Committee is Tuesday, November 13, 2012 at 3:30
p.m. in the Council Conference Room, City Hall, 25 W. Main Street,
Auburn, WA.
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MS.1 Page 11 of 597
Signed this _________ day of November, 2012.
_______________________ __________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
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MS.1 Page 12 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 22, 2012 Meeting Minutes
Date:
October 31, 2012
Department:
Planning and Development
Attachments:
Draft October 22, 2012 Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached minutes.
Background Summary:
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:
Meeting Date:November 5, 2012 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 13 of 597
Planning and Community
Development
October 22, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:01 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, Vice-Chair Partridge and Member John Holman
were present. Also present were Mayor Pete Lewis; Planning and
Development Director Kevin Snyder; Environmental Protection
Manager Chris Andersen; Finance Director Shelley Coleman; Parks,
Arts and Recreation Director Daryl Faber; Planning Manager Elizabeth
Chamberlain; Advisor to the Mayor Michael Hursh; Economic
Development Manager Doug Lein; Planner Stuart Wagner; and
Planning Secretary Tina Kriss.
Members of the audience present were: Scott Pondeleck and
Councilmember Peloza.
B. Announcements
1. Presentation (Faber)
Urban Tree Board Update
Parks, Arts and Recreation Director Daryl Faber introduced board
member Bryce Landrud to provide an update from the Urban Tree
Board. Mr. Landrud stated the Urban Tree Board consists of five
members but is looking for new member participation to fill a
vacancy. The focus of the board is to be a voice for the trees of
the City of Auburn and a liaison between the general public and
various City departments dealing with trees.
The board continues to look for opportunities to get out to City
functions to educate the public and also streamline questions and
concerns on tree care, responsibility and volunteerism. The board
continues working with owners and the City to obtain significant
tree designation on specific City trees. The board is working with
Parks Maintenance Manager Mike Miller on various volunteer
planting projects throughout the City with the board directing those
projects. About once a year, through the support of a grant, the
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PCD.1 Page 14 of 597
board is able to plant new street trees in areas under populated
with street trees (one to two block areas). There is usually a
specific tree theme and the local homeowners are encouraged to
participate in the care of the newly planted trees.
C. Agenda Modifications
II. CONSENT AGENDA
A. Minutes - October 8, 2012 (Snyder)
Vice-Chair Partridge moved and Member Holman seconded to
approve the September 24, 2012 minutes as written.
Motion carried unanimously. 3-0
III. ACTION
A. Resolution No. 4863 - Annual Action Plan for the 2013 Consolidated
Annual Performance and Evaluation Report (Hursh)
Advisor to the Mayor Michael Hursh provided an overview of
Resolution No. 4863, pertaining to the Annual Action Plan for the 2013
Consolidated Annual Performance and Evaluation Report
CAPER. The 2013 Action Plan outlines proposed expenditures to
implement the City's Consolidated Plan. It identifies federal and local
funds expected to be available, indicates the activities on which they
will be spent, and sets goals for the number and type of services
expected to be provided.
Committee and staff discussed funding sources as provided within the
proposed 2013 Action Plan for the Consolidated Plan. Staff reviewed
the City Council’s funding priorities described on page five along with
the national terminology requirements from page six.
Answering the question from Committee, "who provides the definition
of poverty?" Advisor to the Mayor Hursh explained HUD (Housing and
Urban Development) defines the national standard for poverty and that
he will provide Committee with information on the HUD definition.
Final action is scheduled for the City Council’s November 5th, 2012
regular meeting.
Vice-Chair Partridge moved and Member Holman seconded to
recommend City Council adopt Resolution No. 4863.
Motion carried unanimously. 3-0
B. Ordinance No. 6433 - Amendment to Auburn City Code Chapter 18.04
- Definitions and New Auburn City Code Chapter 18.23 - Commercial
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PCD.1 Page 15 of 597
and Industrial Zones (Wagner)
Planner Stuart Wagner provided an overview of Ordinance No. 6433,
new Chapter 18.35 to the Auburn City Code "Special Purpose Zones"
and repealing chapters 18.22, 18.40 and 18.44 of the Auburn City
Code. Planner Wagner reviewed the proposed changes the
Committee had from the October 8, 2012 meeting.
The Committee was supportive of Ordinance No. 6434.
Vice-Chair Partridge moved and Member Holman seconded to
recommend City Council adopt Ordinance No. 6433.
Motion unanimously carried. 3-0
C. Ordinance No. 6434 - New Auburn City Code Chapter 18.35 - Special
Purpose Zones (Wagner)
Planner Stuart Wagner reviewed Ordinance No. 6434. Committee
was supportive of the new chapter.
Vice-Chair Partridge moved and Member Holman seconded
to recommend City Council adopt Ordinance No. 6434.Motion
unanimously carried. 3-0
D. Ordinance No. 6435 - New Auburn City Code Chapter 18.57 -
Standards for Specific Land Uses (Wagner)
Planner Stuart Wagner reviewed Ordinance No. 6435 and the
proposed changes the Committee had from the October 8th, 2012
meeting. Committee was supportive of New City Code Chapter 18.57.
Vice-Chair Partridge moved and Member Holman seconded to
recommend City Council adopt of Ordinance No. 6435.
Motion unanimously carried. 3-0
E. Resolution No. 4870 (Andersen)
Environmental Protection Manager Chris Andersen explained
Resolution No. 4870 authorizes the execution of an Interagency
Agreement with King County Department of Natural Resources and
Parks, Water and Land Resources Division to provide engineering
related services for the Fenster Levee Setback, Phase 2B project.
Staff provided a PowerPoint presentation and overview of the project.
Environmental Protection Manager Andersen reviewed the various
funding partners. A total of $974,103 has been awarded with $327,353
pending with the SRFB (Salmon Recovery Funding Board decision in
December). Page 3 of 5
PCD.1 Page 16 of 597
If City Council takes action on this project, the City could have a
permit-ready plan set by December 31, 2012 and the SRFB decision
for the City’s grant application will be announced by December 7th,
2012. Final design would be complete by April, 2013 with earthwork
construction starting in June, 2013 and final completion in September,
2013 (additional tree planting and monitoring would continue until
complete). Staff has been cautious about moving forward to fully
execute the project without substantial funding. Staff believes the
project is positioned well with the potential SRFB grant funding
(decision in December, 2012).
Director Snyder explained that if the pending $327,353 is not awarded
in December staff would continue to look for other funding sources to
fund the project since this project has a lot of support from City
partners (some of the same funding sources have new funding cycles
the City could apply for).
Committee is supportive of Resolution No. 4870.
Vice-Chair Partridge moved and Member Holman seconded to
recommend City Council adopt Resolution No. 4870.
Motion unanimously carried. 3-0
IV. DISCUSSION ITEMS
A. Financial Options Available to the City of Auburn (Coleman)
The Finance Director will present additional revenue options for
Committee discussion and consideration.
Finance Director Shelley Coleman presented additional revenue
options for Committee discussion and consideration. A handout was
provided and Director Coleman explained the remaining debt capacity
for the City and additional revenue sources for consideration.
Committee and staff discussed the City's fund balance policy,
the City's fund balance, and alternative financial options.
B. Director's Report (Snyder)
There was no director's report.
C. PCDC Matrix (Snyder)
Committee and staff reviewed the matrix. Staff informed
the Committee that the Arts Commission update scheduled for
November 13th would be rescheduled to November 26th, 2012 due to
a scheduling conflict.
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PCD.1 Page 17 of 597
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:40
p.m.
APPROVED THIS ___________ day of ______________, 2012.
___________________________
Nancy Backus - Chair
___________________________
Tina Kriss - Planning Secretary
Page 5 of 5
PCD.1 Page 18 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 15, 2012 Meeting Minutes
Date:
October 31, 2012
Department:
Public Works
Attachments:
October 15, 2012 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:November 5, 2012 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 19 of 597
Public Works Committee
October 15, 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,
Public Works Director Dennis Dowdy, City Engineer/Assistant Director
Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer
Dan Repp, Transportation Manager Pablo Para, Engineering Aide
Amber Mund, Project Engineer Ryan Vondrak, Project Engineer Leah
Dunsdon, Street Systems Engineer Seth Wickstrom, Sanitary Sewer
Engineer Robert Elwell, Finance Director Shelley Coleman, IT Acting
Director Reba Stowe, Economic Development Manager Doug Lein,
citizen Scot Pondelick, Public Works Office Assistant Molly Hoisington,
and Public Works Department Secretary Jennifer Cusmir.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was one agenda modification, Consent Agenda Item G, Right-
of-Way Use Permit for Landmark Development, LLC.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the minutes of the October 1, 2012
Public Works Committee Meeting.
Motion Carried Unanimously. 3-0.
B. Right-of-Way Use Permit No. 12-32 (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 12-32 for Page 1 of 9
PW.1 Page 20 of 597
Bus Stops for the Muckleshoot Indian Tribe, as amended.
Chairman Wagner asked why the permit was only being extended for
2-years. Engineering Aide Mund answered that the applicant
requested a 2-year extension on the permit and the original permit was
also for only 2-years. Engineering Aide Mund stated that she notified
the applicant that they could apply for a 5-year extension, but they
chose not to.
Engineering Aide Mund explained how the Right-of-Way Use Permit
expirations are tracked in response to a question asked by Member
Osborne.
The Committee and staff discussed granting a 5-year permit. Mayor
Lewis recommended the Committee consider approving an extension
of the permit for a 5-year term to reduce the administrative time spent
by the City issuing permits every two years. Assistant Director/City
Engineer Selle confirmed that the applicant can terminate the permit at
any time without penalty. The Committee decided to approve a 5-year
extension of the Right-of-Way Use Permit.
Motion Carried Unanimously. 3-0.
C. Right-of-Way Use Permit No. 12-33 (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 12-33 for
CHS Inc. for Fencing on 2nd Street NW.
Vice-Chair Peloza asked that landmarks be included on the vicinity
maps. Staff will provide the Committee with aerial views of the vicinity
maps for Right-of-Way Use Permits in the future.
Chairman Wagner asked about the Certificate of
Insurance. Engineering Aide Mund stated that the minimum scope is
$1M for insurance and the applicant has a $4M general aggregate.
Motion Carried Unanimously. 3-0.
D. Public Works Project No. CP0817 (Dunsdon)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend Council approve Final Pay
Estimate No. 14 to Contract No. 10-15 in the Amount of $18,752.58
and Accept Construction of Project No. CP0817 2009 Sewer and
Storm Replacement – Phase B – Ellingson Sewer Station.
Project Engineer Dunsdon explained that the final pay is only for the
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sewer station at Ellingson Road and A Street and the contractor for the
White River Storm Station Project is still working on the punchlist, in
response to a question asked by Chairman Wagner.
Project Engineer Dunsdon stated that there are three separate
construction contracts being completed on three separate project sites
under the Project No. CP0817.
Motion Carried Unanimously. 3-0.
E. Public Works Project No. CP0909 (Vondrak)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council award Contract No.
12-02 to Rodarte Construction Inc. on their Low Bid of $2,030,593.50
plus Washington State Sales Tax of $192,906.38 for a Total Contract
Price of $2,223,499.88 for Project No. CP0909 Academy Booster
Pump Station.
The Committee discussed the possibility of including cost-benefit
analyses with large scale projects, when possible.
Assistant Director/City Engineer Selle discussed how a project, such
as the Academy Booster Pump Station, benefits not only citizens
being served, but also the City’s Water System in total. Selle explained
that a new modern pump station increases system reliability,
decreases maintenance costs, and is an advantage to the staff
managing the system.
Project Engineer Vondrak answered questions asked by Chairman
Wagner regarding the minimum requirements for fire flow. Project
Engineer Vondrak stated that the fire flow requirements for the project
take into consideration the entire projected service area.
The Committee, Mayor Lewis and staff discussed the possibility of
initiating some type of a payback fee to offset the cost of the
construction of extra capacity utility facilities that have the potential to
serve future developed properties.
Assistant Director/City Engineer Selle stated that a charge in lieu of
assessment could be put into place if the City installs extra capacity in
a facility that could support additional new development, in response
to an inquiry made by Chairman Wagner.
Mayor Lewis stated that this may be a benefit to the City if, in the
future, staff considers including a charge in lieu of assessment with the
capital projects when the project’s vicinity is in an area where future
development is predicted by the City’s Comprehensive Plan.
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PW.1 Page 22 of 597
The Committee and staff discussed whether or not the current System
Development Charge (SDC) captures the cost of higher capacity utility
facilities.
Staff will investigate implementing the fees as discussed. Assistant
Director/City Engineer Selle suggested the Committee determine a
threshold that will determine when the charges in lieu of assessment
are applicable.
Assistant Director/City Engineer Selle and Utilities Engineer Repp
explained to the Committee how assessed fees are tracked by staff on
individual parcels.
The Committee proposed a threshold policy to instate a charge in lieu
of assessment for projects when staff determines extra capacity utility
facilities have the potential to serve future developed properties and
the cost of the project is in excess of $250,000.
Motion Carried Unanimously. 3-0.
F. Public Works Project No. CP1005 (Vondrak)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council approve Final Pay
Estimate No. 14 to Contract No. 11-08 in the Amount of $6,910.30 and
Accept Construction of Project No. CP1005 South Division Street
Promenade.
Chairman Wagner requested Project Engineer Vondrak provide the
Committee with figures showing the percentage of the project cost that
applies to utility improvements.
Project Engineer Vondrak answered questions asked by the
Committee regarding the removal of a fuel tank that was discovered in
the vicinity of the project during construction.
Motion Carried Unanimously. 3-0.
G. Right-of-Way Permit for Landmark Development, LLC* (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the Right-of-Way Use Permit for
Landmark Development LLC for monitoring wells.
Economic Development Manager Lien explained that Landmark
Development is being required by the Department of Ecology to have
additional, more extensive, monitoring wells for their residential
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PW.1 Page 23 of 597
development Downtown. The developer will be installing the wells in
landscape and tree boxes at grade level.
Economic Development Manager Lien stated that staff is asking for
the Committee’s approval to allow for the Public Works Director to
issue the Right-of-Way Use Permit upon submittal of the application
and once all of the requirements of the permit are met.
Chairman Wagner asked how many wells will be constructed. Lien
answered that there will be six wells. The developer is working with
Terracon Engineering.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4869 (Elwell)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and City Clerk to Execute an Agreement
between the City of Auburn and Brandon P. and Trena L. Wrubleski
for Purchase of Property from Mr. and Mrs. Wrubleski in Lieu of
Condemnation
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council adopt Resolution No.
4869.
Assistant City Engineer Gaub explained that the words “in Lieu of
Condemnation,” in addition to legal requirements, is used for tax
purposes, in response to a question asked by Chairman Wagner.
Sewer Utility Engineer Elwell explained that the Wrubleskis will be
building a fence and the City will reimburse them, in response to a
question asked by Member Osborne.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. August 2012 Financial Report (Coleman)
Finance Director Coleman reviewed the financial report with the
Committee.
Coleman answered questions asked by Chairman Wagner regarding
the Streets Fund, stating that the reason spending for the year is less
than the budget is probably due to invoices that have not yet been
paid on.
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Member Osborne asked if Auburn High School’s permit fee for their
modernization was in and Finance Director Coleman stated that check
has been submitted even though the levy has not yet passed.
Finance Director Coleman answered questions asked by Vice-Chair
Peloza regarding the Sewer Utility Fund.
The Committee and staff discussed the funding of depreciation for
utilities. Finance Director Coleman pointed out that the Storm Water
depreciation is currently being phased in.
Finance Director Coleman reviewed the service charge fees charged
by Waste Management, in response to a question asked by Chairman
Wagner. Chairman Wagner noted that “tipping fees” will be increasing
and asked if that will be reflected in the rate increase. Finance Director
Coleman answered that staff will be recommending a 5.5% increase
instead of the 4.0% increase already programmed and scheduled for
January 1, 2013 at the next Municipal Services Committee Meetings.
Finance Director Coleman answered questions asked by Chairman
Wagner regarding the types of items under the category “Durable
Goods” on the Sales Tax Summary Spreadsheet.
The Committee and staff discussed the possibility for increase in
construction in the future.
B. 2013 Local Street Pavement Preservation Streets (Wickstrom)
The Committee reviewed a project map identifying the streets staff is
recommending to be included in the 2013 Local Street Pavement
Preservation projects.
Street Systems Engineer Wickstrom stated the properties on 23rd
Street SE and the north part of 8th Street NE are not on City sewer, so
prior to rebuilding the streets, staff will send the property owners
letters asking if they would like to form a Local Improvement District
(LID) as part of the project. Chairman Wagner recommended an
engineer’s estimate for the LID be included with the letter. Street
Systems Engineer Wickstrom stated that an estimate is
included. Assistant Director/City Engineer Selle said that the City also
offers to hold neighborhood meetings to discuss LIDs with property
owners.
Street Systems Engineer Wickstrom responded to Chairman Wagner,
that the rebuild on 23rd Street SE will be similar to the project
completed on 22nd Street SE.
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Mayor Lewis encouraged staff to ask citizens with complaints about
double chipseal treatments and having to clean their vehicles, to
contact the City. Street Systems Engineer Wickstrom explained that
the contractor will typically address the citizens concerns and if not
there is a claim process to follow.
Street Systems Engineer Wickstrom reviewed the criteria used to
select streets to be included in the project every year, in response to a
question asked by Member Osborne. Chairman Wagner asked how
thick the thin overlay is. Street Systems Engineer Wickstrom stated
that the thin overlay is 1 ½ inches thick at the center of the roadway
and tapers down to ¾ of an inch at the gutter.
C. 2013 Arterial/Collector Street Pavement Preservation Streets
(Wickstrom)
Street Systems Engineer Wickstrom stated that all of the selected
streets are asphalt streets and all repairs will be asphalt, in response
to a question asked by Chairman Wagner.
The Committee and staff reviewed the project map identifying the
streets staff is recommending to be included in the 2013 Save Our
Streets Program.
The Committee and staff reviewed the Remaining Local Street Work
map.
Member Osborne asked if there are any funds available to complete
one of the streets that need a rebuild. Assistant Director/City Engineer
Selle answered that there are no funds available for rebuilds in 2013.
Mayor Lewis discussed the King County road budget and the future for
rural county roads.
D. Capital Project Status Report (Gaub)
Item 6 – C207A – A Street NW Corridor – Phase 1: Chairman Wagner
asked if the opening of the corridor will be coordinated with Senator
Murray’s office so she can be available to cut the ribbon. Mayor Lewis
stated that the Senator would like to be at the ribbon cutting, but a
date needs to be scheduled first.
Item 8 - CP0909 – Lakeland Hills Booster Pump Station: Assistant City
Engineer Gaub explained how the project numbers are assigned to
capital projects, following a question asked by Member
Osborne. Assistant City Engineer Gaub also stated the Academy
Booster Pump Station and the Lakeland Hills Booster Pump Station
started as one project and based on the different needs of each
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PW.1 Page 26 of 597
project, staff decided it would be more logical to have two construction
contracts and the project was divided into two different projects, yet
they are tracked under the same project number.
Item 11 – CP1112 – 2011/2012 Sidewalk Improvement Project: Vice-
Chair Peloza commended staff on the work completed on the
sidewalks on Harvey Road.
Item 18 – C201A – M Street Underpass: Chairman Wagner asked if
there are any other planned closures for 4th Street SE or 6th Street
SE. Assistant City Engineer Gaub stated that there are no long term
planned closures for either street, but there may be some short term
impacts while the construction of the roadway is being completed. The
closures may include one day closures and/or one lane closures.
Assistant City Engineer Gaub explained how the railway tracks’ grade
will be separated from M Street SE, in response to a question asked
by Vice-Chair Peloza.
Item A – CP1210 – Auburn Valley Humane Society Site
Improvements: Assistant City Engineer Gaub stated that the estimate
includes all of the site work the City is completing, construction of the
side sewer and the grinder pump station as well as all of the permit
fees, in response to a question asked by Chairman Wagner. This work
does not include the internal tenant improvements being done within
the building.
Item B – CP1115 – City Hall NW Plaza Improvements: Assistant City
Engineer Gaub reported that the work on the NW Plaza is on hold,
dependant on whether or not a tent is installed on the South Plaza,
following inquiries made by Vice-Chair Peloza.
E. Action Tracking Matrix (Dowdy)
Item A – Street Lighting (Evaluate 102nd Plaza SE
Lighting): Transportation Manager Para stated that he met with PSE in
the field and located poles that lighting can be installed on, they
include a pole at the end of the cul-de-sac, and two additional poles
along the roadway. The installations will be no cost to the City.
Item B – Sidewalk Program Funding Source: The Committee decided
to change the Next PWC Review Date to November of 2013 as this is
for the 2015-2016 budget cycle.
Item E – Traffic Signal Rules of the Road (Turns on Red
Arrows): Transportation Manager Para provided the Committee with
an excerpt from the Washington State Driver’s Manual and the R.C.W.
outlining the rules for Washington State regarding turning on red
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PW.1 Page 27 of 597
arrows.
Chairman Wagner suggested educational signs be installed at some of
the right-turn red arrows and at the flashing yellow
arrows. Transportation Manager Para will evaluate the best locations
for the signs and prepare a cost estimate for future discussion with the
Committee.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 5:04 p.m.
Approved this 5 day of November, 2012.
____________________________ _____________________________
Rich Wagner, Chair Jennifer Cusmir, Department Secretary
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PW.1 Page 28 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 15, 2012 Meeting Minutes
Date:
October 25, 2012
Department:
Administration
Attachments:
minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:
Meeting Date:November 5, 2012 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 29 of 597
Finance Committee
October 15, 2012 - 5:30 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
A. Roll Call
Vice Chair John Holman and Member Largo Wales were present.
Chair John Partridge was excused.
City officials and staff members present included: Mayor Peter B.
Lewis, Deputy Mayor Nancy Backus, Finance Director Shelley
Coleman, City Attorney Daniel B. Heid, Police Chief Bob Lee, Public
Works Director Dennis Dowdy, Planning and Development Director
Kevin Snyder, Parks, Arts and Recreation Director Daryl Faber and
Deputy City Clerk Shawn Campbell. Also present was Scot Pondelick
and Chris Kealy.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no agenda modification.
II. CONSENT AGENDA
A. Minutes of the October 1, 2012 regular meeting
Member Wales moved and Vice Chair Holman seconded to approve
the October 1, 2012 minutes.
MOTION CARRIED UNANIMOUSLY. 2-0
B. Claims Vouchers (Coleman)
Claims check numbers 417415 through 417777 in the amount
$5,830,106.01 and dated October 15, 2012.
Committee members reviewed the claims and payroll vouchers and
briefly discussed claims vouchers 427424, 417475 , 417524
and 417417.
Vice Chair Holman stated he is concerned about open purchase
orders. He asked for the status on issuing state procurement cards.
Director Coleman said the Finance Department is testing the system
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FN.1 Page 30 of 597
now and developing policies and procedures. There are
weekly meetings to discuss implementation.
Member Wales moved and Vice Chair Holman seconded to approve
and forward claims and payroll vouchers to the full Council for
approval.
MOTION CARRIED UNANIMOUSLY. 2-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 533270 through 533310 in the amount of
$822,254.64 and electronic deposit transmissions in the amount of
$1,216,582.30 for a grand total of $2,038,836.94 for the period
September 13, 2012 to September 26, 2012.
See claims vouchers above for approval of payroll vouchers.
D. Call for Public Hearing 2013-2014 Preliminary Biennial Budget
(Coleman)
City Council to set the date for a public hearing on November 19, 2012
to receive public comments, proposals and suggestions on the 2013-
2014 Preliminary Biennial Budget.
Member Wales moved and Vice Chair Holman seconded to approve
and forward the call for Public Hearing on the 2013-2014 Preliminary
Biennial Budget to full Council.
MOTION CARRIED UNANIMOUSLY. 2-0
III. DISCUSSION ITEMS
A. Ordinance No. 6427 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 3.80.060 of the Auburn City Code relating to the tax
on social card games
Director Coleman stated the Ordinance is regarding the tax assessed
on card rooms in the City. The Ordinance would authorize a reduction
in the amount of gambling taxes applicable from twelve percent down
to four percent. The General Fund budget would need to be adjusted
down to reflect the reduced revenue. The Iron Horse Casino has
requested an additional promissory note for the difference between
the four percent and the twelve percent tax rate.
Member Wales asked if the balloon payment due in 2014 was a part of
the budget. Director Coleman stated the balloon payment is not
currently in the proposed budget but the expected tax revenue is
at twelve percent.
Page 2 of 5
FN.1 Page 31 of 597
Mr. Kealy, Managing Partner of Iron Horse Casino, stated the Iron
House Casino has been in the community for twelve years. The
reduction in gambling tax from twelve percent to four percent saved the
business. He is requesting an extension of the four percent gambling
tax. The Casino is working on the details to repay the lien owed to the
City. He proposed a second lien with personal indemnifications giving
the priority lien position to the City.
Vice Chair Holman stated the number of jobs provided to the
community is important. Mr. Kealy said the Iron Horse employees 92
full time and 55 part time people.
Member Wales wants to support the people the casino employees. The
City must protect the $380,000 loan. Mayor Lewis stated the City must
have the numbers back soon. The next opportunity to bring this item
back to the full Council is the first Council meeting in November.
Vice Chair Holman said he wants the company to succeed. It is
important to recognize the fiduciary responsibility to the City. Member
Wales said the City is ready to make a decision once all the numbers
are available. Director Coleman said the City does have the note ready
for the next Finance Committee meeting. The City is waiting on the one
item, and she will bring this forward for action at the next Finance
Committee meeting.
B. August 2012 Financial Report (Coleman)
Director Coleman stated the City is ahead of expected budget
regarding revenue and behind in expenditures. This shows the
departments are being conservative in spending. Development and
permit revenues are above projections resulting in sales tax and
property taxes increasing in the future. The City has been collecting the
utility taxes at the new rate for two months.
Member Wales confirmed the cemetery is expected to break even in
the operations portion of the budget with the increased plot fees.
Vice Chair Holman asked if Director Coleman had additional concerns
for any of the enterprise funds. Director Coleman stated she is
watching the airport closely due to the loss of the flight school.
Member Wales asked how the Auburn School District was able to pay
the permit fees for the High School when the measure has not yet been
approved by the voters. Director Snyder stated the School District paid
the fees in advance. The permits are valid for six months but can be
extended.
Cemetery Financial Review (Coleman) Page 3 of 5
FN.1 Page 32 of 597
C.
Vice Chair Holman stated he requested a presentation be given to the
Finance Committee regarding the Cemetery.
Director Coleman stated the administration will be coming forward with
additional information regarding the cemetery shortly, but due to
the nature of the information it will have to be provided during an
executive session.
Director Coleman provided the Committee with graphs showing the
number of interments and inurnments, cemetery lot sales and end of
year capital from 2002 through projected totals for 2014 and a graph
with the total number of full time employees at the cemetery. Lot sales
have not met budgeted amounts since 2008. The full time vacant
position at the cemetery has been removed from the proposed budget
for 2013-2014. Director Faber stated the City is prepared for the trend
showing a greater need for inurnment space.
Member Wales asked for the average full time employee cost at the
cemetery. Director Coleman stated the average cost is approximately
$85,000 per year.
D. Resolution No. 4865 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to enter into Interlocal
Agreements with Government Agencies for the Valley Special
Weapons and Tactics (VSWAT) Team to provide VSWAT services on
an "as needed" basis
Police Chief Lee stated on occasion the Valley Special Weapons and
Tactical Team is requested to respond to jurisdictions that are not a
part of the multi-jurisdictional team. The attached agreement is to
provide standards with providing services to jurisdictions who are not
members.
E. Resolution No. 4867 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement between
the City of Auburn and Petdata, Inc. for animal licensing services
Director Snyder said the proposed agreement for animal licensing
services is with PetData. There will be two additional actions that will
be required before the end of the year. This agreement would allow the
City the opportunity to prepare for animal licensing in conjunction with
Auburn Valley Humane Society. Member Wales commended Director
Snyder on the quality of research provided to Council. Director Snyder
stated PetData will need three month to set up the licensing
system. The licensing fees have not been set. The City is working with
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FN.1 Page 33 of 597
the Auburn Valley Humane Society to establish pet licensing fees for
2013.
F. Resolution No. 4869 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement between
the City of Auburn and Brandon P. and Trena L. Wrubleski for
purchase of property from Mr. and Mrs. Wrubleski in lieu of
condemnation
Director Dowdy explained that during a current project it was
discovered the lift station encroaches on a private property. This
agreement purchases the additional property.
IV. ADJOURNMENT
There being no further business to come before the Committee, the meeting
adjourned at 6:12 p.m.
APPROVED the 5th day of November, 2012.
_____________________________ _____________________________
John Holman, Vice Chair Shawn Campbell, Deputy City
Clerk
Page 5 of 5
FN.1 Page 34 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 26, 2012 Meeting Minutes
Date:
October 31, 2012
Department:
Planning and Development
Attachments:
Minutes - September 26, 2012
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached minutes.
Background Summary:
Reviewed by Council Committees:
Other: Planning
Councilmember:Wagner Staff:
Meeting Date:November 5, 2012 Item Number:CC.2
AUBURN * MORE THAN YOU IMAGINEDCC.2 Page 35 of 597
Les Gove Community Campus
September 26, 2012 - 4:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Rich Wagner called the meeting to order at 4:01 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 Rich Wagner, Vice-Chair Largo Wales and Member Wayne
Osborne. Staff members present were Mayor Pete Lewis; City
Engineer Dennis Selle; Traffic Manager Pablo Para; Parks, Arts and
Recreation Director Daryl Faber; Planning and Development Director
Kevin Snyder, Project/Construction Manager Steve Burke, and
Planning Secretary Tina Kriss.
B. Announcements
There were no announcements.
C. Agenda Modifications
II. CONSENT AGENDA
A. Minutes - July 11, 2012 (Snyder)
Vice-Chair Wales moved and Councilmember Osborne seconded to
approve the July 11, 2012 minutes as written.
Motion carried unanimously. 3-0
III. ACTION
There were no action items.
IV. DISCUSSION ITEMS
A. Visual Connections of Les Gove Community Campus Buildings
(Snyder)
Chair Wagner stated the current placement of the proposed Les Gove
Community Center building does not maximize the view of the
campus. In considering any reorientation of the building Chair Wagner
spoke with the architect who stated the maximization of sunlight for
Page 1 of 4
CC.2 Page 36 of 597
heating and venting would be minimally impacted if the rotation were
20 degrees which is being proposed.
Committee and staff reviewed the orientation depicted on the map. If
the structure was turned 20 degrees to the west, it would have a view
of the other buildings and features on the campus. Committee agreed
it would be nice to take advantage of the view of the surrounding
structures within the campus. After discussion Chair Wagner asked if
the Committee agrees to rotate the building 20 degrees. Committee
members agreed. Chair Wagner asked Director Snyder to inform the
National Development Council of the change in orientation, request an
update to the drawings, and request a sunlight analysis for any
changes to heating and venting.
B. Internal Circulation Traffic Study (Para)
Chair Wagner opened discussion on the internal circulation traffic
study asking Traffic Manager Pablo Para the status on the study and if
it was completed. Manager Para stated there are some interim steps
requiring some guidance from Committee. The overall plan is still
emerging with future construction of various components of the
campus that Committee may want to integrate within the study.
Committee and staff discussed the traffic study and traffic issues
facing the campus due to the temporary disruption caused by the M
Street project. Committee along with residents have expressed safety
concerns for those cutting through the campus, especially the potential
for a pedestrian accident. Manager Para stated speed studies were
completed on Deals Way and the vast majority of vehicles are not
speeding.
Chair Wagner recommended staff review or look at the internal
circulation and possibly modify or close Deals Way to address traffic
issues (restricting circulation at different points). Committee stated the
main goal is safety first and then the convenience of traveling from one
building to another. Committee and staff thought it would be beneficial
to include stakeholders on the discussion and also conduct an internal
analysis on various access options. Director Faber stated Committee
and staff may want to consider changing the treatment of Deals Way
to pavers and bollards to create a closed park like plaza setting.
Committee discussed the benefit of medium sized parking areas
around the perimeter. Director Snyder pointed out many central parks
are defined by the variety of perimeter parking opportunities or nodes
to enter at different points, depending on the activity (a hallmark of
central parks). Committee and staff agreed, any additions to the park
need to be well defined with proper signage and lighting. Committee
determined they would like to include analysis on additional parking
spaces at the existing gravel parking lot on the east end of Les Gove
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CC.2 Page 37 of 597
Park to expand parking for the campus.
Committee requested Directors Snyder and Faber meet with the King
County Library Director to discuss the Les Gove Community Campus
access ideas and provide feedback to the Mayor and Committee. If the
response is positive Committee has directed Traffic Manager Para to
conduct a traffic study on closing off the central section of Deals Way.
C. Les Gove "Central Park" Action Plan Project Brainstorm Session
(Snyder)
Chair Wagner noted Committee has limited time to brainstorm this
topic as the Council’s Budget Session was scheduled to begin at 5:00
p.m. Director Snyder explained there will be an opportunity for a
Council-Wide brainstorming session at the October Committee of the
Whole meeting; if the Committee is comfortable with the program laid
out in the draft Les Gove “Central Park” Action Plan Summary Tasks
and Timeline, the discussion could take place at that
meeting. Committee identified that they were supportive of having the
brainstorming session with the rest of the City Council at the October
Committee of the Whole meeting.
Chair Wagner asked for an update on the National Development
Council (NDC) work efforts. Mayor Lewis stated that Director Snyder
and Advisor to the Mayor Michael Hursh will be meeting with NDC and
one of its development partners on October 1, 2012 to discuss project
scope and cost issues. In answer to Chair Wagner’s question, when
will the City receive financial data from Chuck Depew, Director Snyder
stated the City will receive this information at a future date following
staff’s initial work with them and that either John Finke or Misty
Baskett from the NDC or both would be working on this with staff.
Director Snyder stated he expects NDC to recommend the New
Market Tax Credits program for funding of the Center. Committee and
staff discussed the general structure of this concept. NDC would work
with the City to look over the lease-cost structure in order to give us a
guaranteed maximum price. Director Snyder noted that there will be
multiple decision points for Council to assist in decisions before
moving forward with the cost structure in hand. Once NDC gets the
idea of cost then they can determine the debt structure and provide
Committee with these numbers. This is all part of the request for
proposal from NDC. The cost analysis will be done with oversight from
Committee and staff.
Committee discussed the size of the building. Chair Wagner asked if
the Committee wants to expand the Center for a larger seating
capacity. Member Osborne and Vice-Chair Wales expressed their
concern for potential delays, increased cost and overbuilding if a larger
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CC.2 Page 38 of 597
center is contemplated.
Chair Wagner asked the Committee if they want to
remove consideration of a Phase II expansion at this time. Member
Osborne and Vice-Chair Wales stated yes. Chair Wagner confirmed
Committee will not be including design analysis for the expansion of
the Les Gove Community Center at this time. Chair Wagner noted that
the next meeting is October 24th, at 5:00 p.m.
V. ADJOURNMENT
There being no further business to come before the Committee, the
meeting was adjourned at 4:58 p.m.
APPROVED this _________ day of _______________________, 2012.
__________________________________
Rich Wagner - Chair
__________________________________
Tina Kriss - Planning Secretary
Page 4 of 4
CC.2 Page 39 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 15, 2012 Regular Meeting Minutes
Date:
October 25, 2012
Department:
Administration
Attachments:
minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 5, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 40 of 597
City Council Meeting
October 15, 2012 - 7:30 PM
Auburn City Hall
MINUTES
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I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the Auburn
City Hall Council Chambers and led those in attendance in the Pledge of
Allegiance.
B. Roll Call
Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, Largo
Wales, Wayne Osborne, and John Holman.
Councilmember John Partridge was excused.
Department directors and staff members present: City Attorney Daniel B. Heid,
Planning and Development Director Kevin Snyder, Human Resources and Risk
Management Director Brenda Heineman, Innovation and Technology Acting
Director Reba Stowe, Police Chief Robert Lee, Parks, Art and Recreation
Director Daryl Faber, Finance Director Shelley Coleman, Advisor to the Mayor
Michael Hursh and Deputy City Clerk Shawn Campbell.
C. Announcements, Appointments, and Presentations
1. Hometown Hero Award
Mayor Lewis to present Auburn Recreation Coordinator Jamie Werner with
Auburn's Hometown Hero Award.
Mayor Lewis presented Jamie Werner with the Hometown Hero Award.
Mayor Lewis shared the varied duties Ms. Werner has performed at the
City over the past twenty years. He thanked Ms. Werner for her dedication
to the City, community and Special Olympics.
Adrienne (Bird) Folsom, King County Sports and Programs Manager,
Special Olympics Washington, presented Ms. Werner with the King County
Region Special Olympics Coach of the Year award. She shared many of
the duties and accomplishments of Ms. Werner.
Ms. Werner thanked the Council, staff and large audience for the support.
2. Anti-Bullying Proclamation
Mayor Peter B. Lewis to proclaim the month of October 2012 as Anti-
bullying Month in the City of Auburn.
Mayor Lewis read and presented a proclamation declaring the month of
October 2012 as Anti-Bullying Month to Jennifer Nguyen and
Cassidy Ritson from Mountain View High School.
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Ms. Nguyen stated the project started as a DECA project to put together
Anti-Bullying informational packages. She hopes the packages will help
stop bullying.
3. Municipal Leadership
Mayor Lewis congratulated Councilmember John Holman on receiving his
Certificate of Municipal Leadership from the Association of Washington
Cities.
D. Agenda Modifications
There were no agenda modification.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2013 Action Plan of the Consolidated Plan (Backus/Hursh)
City Council to conduct a public hearing to receive public comments and
suggestions with regards to the 2013 Annual Action Plan as required by
the U.S. Department of Housing and Urban Development.
Advisor to the Mayor Hursh presented the 2013 Action Plan for the
Consolidated Plan. He shared the planned expenditures and stated the
plan will come back to the Council for action at the November 5, 2012
Council meeting.
Councilmember Peloza stated the program is extremely beneficial to the
community. The funds provided by the federal government and from the
general fund benefit the less fortunate in the community. Councilmember
Wales said she appreciates that the program uses an outcome based
approach that ensures the City receives good value for the funds.
Councilmember Peloza reminded Mr. Hursh the Veterans of Foreign
Wars have a fund to build wheelchair ramps for veterans in need.
Mayor Lewis opened the public hearing at 7:50 p.m.
Virginia Haugen, 2503 R Street SE, Auburn WA
Ms. Haugen thanked Councilmember Peloza for reminding staff of the
funds available for wheelchair ramps.
There being no further public comment, the hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
Elam Anderson, 301 23rd Street SE, Auburn
Mr. Anderson spoke about the importance of exercise in youth and the dangers
of consuming soda for children. He stated he heard the Mayor delivering a
public service announcement on the radio and commended him on the
message.
Mayor Lewis stated the soda manufacturers are required to fund the public
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service announcements. He taped several of them while in Washington D.C.
Tiffany McDaniels, 2211 27th Street SE, Auburn
Ms. McDaniels spoke about concerns for the male population of Auburn from
being exposed to coffee selling businesses that have women
employees wearing lingerie. She requested the City require businesses install
screening to block the view from public areas.
Mayor Lewis stated the City has taken this concern to the State Attorney
General's Office. The City is not able to legislatively restrict the businesses if
staff is wearing something that would be allowed at a public beach. The City is
continuing to work on this issue.
Virginia Haugen, 2503 R Street SE, Auburn WA
Ms. Haugen thanked Council for amending the Council policy regarding
reimbursement for civic group dues and lunches. She provided Council with a
print out of the Mayors trips to Washington D.C. Ms. Haugen also commented
on children's safety during pick up and drop off times at the local elementary
schools.
Mayor Lewis stated the City has been working with the Auburn School District
regarding safety concerns for children.
C. Correspondence
There was no correspondence.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Vice Chair Osborne reported the Municipal Services Committee met on October
8, 2012. The Committee reviewed Resolution No. 4865 regarding an Interlocal
agreement for Valley Special Weapons and Tactics Team, and Resolution No.
4866 to replace public art that had been stolen. The Committee also discussed
the Auburn Valley Humane Society building project, Ordinance No. 6424
updating the code regarding animal licensing, Resolution No. 4867 regarding
an animal licensing service agreement, a short briefing by Police Commander
Hirman, and a review of the Committee's matrix. The next regular meeting of
the Municipal Services Committee is scheduled for October 22, 2012 at 3:30
p.m.
B. Planning & Community Development
Chair Backus reported the Planning and Community Development Committee
met October 8, 2012. The Committee approved Resolution No. 4866 approving
a contract for replacing stolen public art. The Committee discussed the
Comprehensive Downtown Plan, code update for phase two zoning of non-
residential zones, a grant for historic preservation from 4Culture, and the
Committee's matrix. The next regular meeting of the Planning and Community
Development Committee is scheduled for October 22, 2012 at 5:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at 3:30.
The Committee approved right-of-way use permits for the Muckleshoot Indian
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Tribe and CHS, Inc., final pay estimates for projects CP0817 the 2009 Sewer
and Storm Station Replacement Phase 2 - Ellingson Sewer Station and Project
CP1005 - South Division Street Promenade, awarded Contract 12-12 to
Rodarte Construction for the CP0909 Academy Booster Pump Station. The
Committee also approved Resolution No. 4869 authorizing an agreement
with Mr. and Mrs. Wrubleski for the purchase of property. The Committee
discussed 2013 Local Street Pavement Preservation and 2013 Arterial
Collector Street Pavement Preservation, the capital project status report and
the Committee's matrix. The next regular meeting of the Public Works
Committee is scheduled for November 5, 2012 at 3:30 p.m.
D. Finance
Vice Chair Holman reported the Finance Committee met this evening at 5:30.
The Committee reviewed claims vouchers totaling approximately $5.8 million,
payroll vouchers totaling approximately $2 million and a call for Public Hearing
on the 2013-2014 Budget. The Committee discussed Ordinance No. 6427
relating to taxes for card rooms, the August Financial Report, Resolution No.
4867 to contract with PetData for animal licensing services and Resolution
No. 4869 to purchase a small piece of property. The next regular meeting of
the Finance Committee is scheduled for November 5, 2012 at 5:30 p.m.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus Committee is
scheduled for October 24, 2012.
F. Council Operations Committee
The next regular meeting of the Council Operations Committee is scheduled
November 5, 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 September 26, 2012 Special Meeting
B. Minutes of the October 1, 2012 Regular Meeting
C. Claims Vouchers
Claims check numbers 417415 through 417777 in the amount $5,830,106.01
and dated October 15, 2012.
D. Payroll Vouchers
Payroll check numbers 533270 through 533310 in the amount of $822,254.64
and electronic deposit transmissions in the amount of $1,216,582.30 for a
grand total of $2,038,836.94 for the period 09/13/12 to 09/26/2012.
E. Call for Public Hearing 2013-2014 Preliminary Biennial Budget
(Partridge/Coleman)
City Council to conduct a public hearing on November 19, 2012 to receive
public comments, proposals and suggestions on the 2013-2014 Preliminary
Biennial Budget.
F. Public Works Project No. CP0817 (Wagner/Dowdy)
City Council approve final pay estimate No. 14 to Contract No. 10-15 in the Page 4 of 8
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amount of $18,752.58 and accept construction of Project No. CP0817, 2009
Sewer and Storm Station Replacement - Phase B - Ellingson Sewer Station
G. Public Works Project No. CP0909 (Wagner/Dowdy)
City Council award Contract No. 12-02, to Rodarte Construction, Inc. on their
low bid of $2,030,593.50 plus Washington State sales tax of $192,906.38 for a
total contract price of $2,223,499.88 for project No. CP0909 Academy Booster
Pump Station
H. Public Works Project No. CP0916 (Wagner/Dowdy)
City Council approve final pay estimate No. 10 to Contract No. 11-11 in the
amount of $6,792.50 and accept construction of project No. CP0916, West
Valley Highway Improvements
I. Public Works Project No. CP1005 (Wagner/Dowdy)
City Council approve final pay estimate No. 14 to Contract No. 11-08 in the
amount of $6,910.30 and accept construction of Project No. CP1005, South
Division Street Promenade
Deputy Mayor Backus moved and Councilmember Wagner seconded to
approve the Consent Agenda as revised.
The Consent Agenda includes minutes, claims vouchers, payroll vouchers, a
call for public hearing, awarding contract No. 12-12 to Rodarte for Project
CP0909, and approval of final pay estimates for Public Works project No.'s
CP0817, CP0916 and CP1005.
MOTION CARRIED UNANIMOUSLY. 6-0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. ORDINANCES
A. Ordinance No. 6426 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving
the request of RPG Auburn Properties, LLC for rezoning of four parcels totaling
approximately 11 acres from C3, Heavy Commercial to C4, Mixed-use
Commercial to implement the Comprehensive Plan and amending the City's
zoning maps
Deputy Mayor Backus moved and Councilmember Holman seconded to
adopt Ordinance No. 6426.
Deputy Mayor Backus stated this Ordinance has not gone through the
Committee process. Instead it has been forwarded through the Hearing
Examiner. The recommendation of the Hearing Examiner is to accept the
rezone.
MOTION CARRIED UNANIMOUSLY. 6-0
VIII. RESOLUTIONS
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A. Resolution No. 4865 (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to enter into Interlocal Agreements with Government
Agencies for the Valley Special Weapons and Tactics (VSWAT) Team to
provide VSWAT services on an "as needed" basis
Councilmember Peloza moved and Councilmember Osborne seconded to
adopt Resolution No. 4865.
Councilmember Peloza stated the resolution is to allow the Valley Special
Weapons and Tactics Team provide assistance to jurisdictions that do not
participate in the current interlocal agreement.
MOTION CARRIED UNANIMOUSLY. 6-0
B. Resolution No. 4866 (Peloza/Faber )
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to enter into a contract with Brad Rude to fabricate
and install a public art piece for the replacement of a stolen artwork
Councilmember Peloza moved and Councilmember Osborne seconded to
adopt Resolution No. 4866.
Councilmember Peloza said the value of the art work was $30,000 and the
piece was fully insured. The new piece will be installed in 2013.
MOTION CARRIED UNANIMOUSLY. 6-0
C. Resolution No.4867 (Partridge/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute an agreement between the City Of Auburn
and Petdata, Inc. for animal licensing services
Councilmember Peloza moved and Councilmember Osborne seconded to
adopt Resolution No. 4867.
Councilmember Peloza stated Resolution No. 4867 approves a pet licensing
services contract.
MOTION CARRIED UNANIMOUSLY. 6-0
D. Resolution No. 4869 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute an agreement between the City of Auburn
and Brandon P. and Trena L. Wrubleski for purchase of property from Mr. and
Mrs. Wrubleski in Lieu of Condemnation
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4869.
Councilmember Wagner stated the Resolution authorizes the acquisition of
property. The condemnation language provides a tax benefit for the seller.
MOTION CARRIED UNANIMOUSLY. 6-0
IX. REPORTS
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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
Deputy Mayor Backus reported she attended the MultiCare opening ceremony,
the S'more Than You Imagined event, the Valley Regional Fire Authority Board
meeting and the South End Area Regional Coalition for Housing (SEARCH)
meeting. She also attended to the Leadership Institute of South Puget Sound
meeting where she was able to welcome the new class.
Councilmember Wagner reported he attended the Regional Access Mobility
Project (RAMP) meeting and heard speeches from the candidates for the 10th
District, the Municipal Solid Waste Advisory meeting where King
County selected the final two locations for the new King County Solid Waste
Transfer Station sites; one in Auburn and one in Alogna. and the Sister Cities
Luncheon with representatives from City of Pyeongchang, Korea.
Councilmember Wales noted when Councilmembers travel they are able to
leverage funds for the City and also for the smaller cites in the region. She
reported she attended the SEARCH meeting. She said the Mayor is able to
offer valuable leadership advice to cities in Pierce County.
Councilmember Holman reported he attended the MultiCare opening ceremony,
the Annual Conference of the Boundary Review Board where Mayor Lewis
spoke about annexation from the city's view point, and met with Renton
Councilmember Don Person to discuss enterprise funds.
Councilmember Peloza reported he attended the Regional Water Quality
Committee meeting where they discussed combined sewer overflows in the
Seattle area. He noted the City's participation in the National League of Cities
prescription drug program has saved Auburn residents nearly $112,000 in the
last two years. He encouraged everyone to continue supporting the program.
He said 1.5 million jobs would be created if recycling was increased from 33
percent to 75 percent. He encouraged residents to recycle.
Councilmember Osborne reported he attended the MultiCare opening
ceremony, the Senior Center coffee hour session, the Sister City Luncheon,
and the SEARCH meeting.
B. From the Mayor
Mayor Lewis stated that by Councilmembers and his attendance at various
meetings around the state and country, the City is able to bring back funding
and programming opportunities for the City.
Mayor Lewis reported he attended the King County meeting where the final
two sites were selected for the new King County Solid Waste transfer station.
The Committee chose sites in the cities of Auburn and Algona. The County was
aware of the resolution passed by the City of Auburn opposing the site. The
County said they are willing to use condemnation to acquire the property. He
attended the Boundary Review Board meeting where he spoke regarding
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annexation processes, and the Sister City luncheon with the representatives
from the City of Pyeongchang, Korea. The relationship with Pyeongchang gives
the City opportunities for trade and cultural exchanges. The delegates from
Pyeongchang stated they feel their relationship with the City of Auburn is a key
factor in their selection as the host of the 2018 Winter Olympics.
X. EXECUTIVE SESSION
At 8:53 p.m. Mayor Lewis recessed the meeting for a five minute intermission and
then to executive and closed session for approximately twenty minutes in order to
discuss pending/potential litigation and collective bargaining pursuant to RCW
42.30.110(1)(i) and RCW 42.30.140(4). City Attorney Dan Heid, Director Brenda
Heineman, Director Shelley Coleman and Director Daryl Faber were required for the
executive session. The session was extended 20 minutes.
At 9:34 p.m., Mayor Lewis reconvened the regular meeting.
XI. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 9:34 p.m.
APPROVED this 5th day of November, 2012.
________________________________ ________________________________
Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
October 29, 2012
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 5, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 49 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
October 24, 2012
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 533311 through 533347 in the amount of $270,185.04 and
electronic deposit transmissions in the amount of $1,240,365.67 for a grand total of
$1,510,550.71 for the period covering October 11-31, 2012.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:November 5, 2012 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 50 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C410A
Date:
October 23, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council approve Change Order No. 4 in the
amount of $1,037.80 to Contract No. 11-12 for work on Project No. C410A, 277th Wetland
Mitigation Monitoring (Annual).
Background Summary:
The purpose of this project is to monitor and maintain the wetlands created under the S.
277th St Reconstruction Project, Project No. PR562, in order to meet permit requirements
during the 10 year monitoring period. The project is currently in year 9 of the monitoring
period. The City worked with the Watershed Company to evaluate the performance of the
wetlands and prepare construction and permit documents to address the deficiences.
In May 2011, Contract No. 11-12 was awarded to Nordic Construction to implement a
supplemental mitigation plan for the wetland mitigation sites. Change Order No. 4 includes
planting necessary at the Frontage Road site in order to be in compliance with the
performance measures required by the permit. The work is anticipated to be completed in
late fall, 2012.
A project contingency of $1,685 remains within the 102 (Arterial Street) Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 5, 2012 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 51 of 597
Project No: C410A Title:
Project Manager: Leah Dunsdon
Project Initiation
Initiation Date: _July 19, 2010___ Permision to Advertise
Advertisement Date: _April 21, 2011__ Contract Award
Award Date: May 16, 2011_ Change Order
Monitoring Period
FundingPrior Years20112012Future YearsTotal
102 Fund - Unrestricted126,22086,54757,05050,000319,817
Total126,22086,54757,05050,000319,817
ActivityPrior Years20112012Future YearsTotal
Design Engineering & Monitoring - City Costs15,6184,5004,0007,50031,618
Design Eng. & Monitoring - Consultant Costs66,28519,45413,89612,000111,635
Construction Estimate33,263 15,00048,263
Construction Contract Bid 39,90113,70453,605
Authorized Contingency 5,4235,423
Change Order #1 (Mill Creek addition)9,865 9,865
Change Order #2 294 294
Change Order #3 (Mohawk Plastics Wetland
Mitigation Site maint. & fence repairs)10,00410,004
Change Order #4 (Plantings at Mill Creek Site)1,038 1,038
BUDGET STATUS SHEET
277th Wetland Mitigation Monitoring (Annual)
Date: October 18, 2012
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Change Order #4 (Plantings at Mill Creek Site)1,038 1,038
Other - Payment from PSE (3,803)(3,803)
Other - Water Meter Permit Fees6,464 6,464
Construction Engineering - City Costs4,27012,5635,0007,50029,333
Construction Engineering - Consultant Costs3203,773 2,3003,5009,893
Total126,22086,54755,36545,500313,632
Prior Years20112012Future YearsTotal
102 Funds Budgeted(126,220)(86,547)(57,050)(50,000)(319,817)
102 Funds Needed 126,22086,54755,36545,500313,632
(102 Fund Project Contingency) 00(1,685)(4,500)(6,185)
102 Funds Required 0 0 0 0 0
102 Arterial Street Budget Status
CA.D Page 52 of 597
CA.D Page 53 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C512A
Date:
October 25, 2012
Department:
Public Works
Attachments:
Consultant Scope Summary
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Council grant permission to enter into Consultant Agreement No. AG-C-426 with RH2
Engineering for Engineering and Construction Services for Project No. C512A, Well 4
Emergency Power Improvements.
Background Summary:
The purpose of this project is to provide emergency power and upgrade the chlorination
system at the City's Well 4 water facility. Providing a diesel generator for emergency
power will ensure that one of the City's primary sources of water will continue to operate
in the event electrical power is lost. Upgrading the chlorination system from the existing
gas chlorination system to a liquid hypochlorite solution will increase operator safety and
improve operations by providing a chlorination system similar to other City water
sources.
It is anticipated that design will occur from November 2012 to October 2013.
Construction is anticipated to be between January and July 2014.
City staff has selected RH2 Engineering to provide design and construction support
services for the above-referenced project, including survey, engineering design and
construction support services. The anticipated consultant cost for this agreement is
$218,971.
The estimated total cost for this project is $1,240,759. A project budget contingency of
$2,500 remains in the 430 Water fund for 2012. A budget adjustment may be required in
2014 to fund construction of the project.
Reviewed by Council Committees:
Public Works
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Councilmember:Wagner Staff:Dowdy
Meeting Date:November 5, 2012 Item Number:CA.E
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C512A – WELL 4 EMERGENCY POWER IMPROVEMENTS PROJECT
CONSULTANT SCOPE OF WORK SUMMARY
PAGE 1 OF 2
C512A – Well 4 Emergency Power Improvements Project
Summary
Scope for Engineering Design and Construction Services
This Scope of Work is for the Well 4 Emergency Power Improvements Project. This scope includes
survey and base mapping, preliminary engineering, environmental documentation and permitting,
geotechnical engineering, and final design (including plans, specifications, and estimates).
Project Description
The City’s Well 4 Emergency Power Improvements project will provide emergency power and upgrade
the chlorination system at the City’s Well 4 water facility. Providing a diesel generator for emergency
power will ensure that one of the City’s primary sources of water will continue to operate in the event
electrical power is lost. Upgrading the chlorination system from the existing gas chlorination system to
a liquid hypochlorite solution will increase operator safety and improve operations by providing a
chlorination system similar to other City water sources.
Task 1: Project Management
This task will be continuous throughout the project duration. It will include the work necessary to set
up and plan the entire project and establish project-specific procedures, including communication,
meetings, preparing and updating the project schedule, and overall project coordination with the City
and project team.
Task 2: Preliminary Design
This task will prepare a project report as required by the Department of Health (DOH) and prepare a
preliminary site design to locate the proposed emergency generator and chlorination room. The
preliminary design effort will include evaluating and selecting design options, including building size,
roof type, sound insulation and site elements. This task includes modifying the design concept based
on City, DOH and stakeholder input. Documentation of the Preliminary Design task will include the
preparation of the DOH project report, a summary of the design criteria, and a technical memorandum
documenting the electrical load analysis and generator size verification.
Task 3: Optional Services – Public Outreach Assistance
This task provides the City with supportive documentation, drawings, and other public outreach
materials as requested by the City. The task also includes attendance at one public meeting.
Task 4: Site Survey
This task involves field surveying within the project limits, collecting existing topographic features and
producing a project basemap to be used in design.
Task 5: Permitting Assistance
The purpose of the Permitting Assistance Task is to ensure that the project complies with all applicable
requirements of the Washington State Environmental Policy Act (SEPA), and that the regulatory
permits and approvals required to construct the project are identified and secured, all within a
timeframe that will allow the project to proceed on schedule.
CA.E Page 56 of 597
C512A – WELL 4 EMERGENCY POWER IMPROVEMENTS PROJECT
CONSULTANT SCOPE OF WORK SUMMARY
PAGE 2 OF 2
Task 6: Engineering Geology Investigation
This scope of work covers geotechnical engineering services needed to support development of
contract documents.
Task 7: Construction Documents for the Department of Health
This task includes the construction document submittals to the Department of Health as required to
obtain DOH approval to construct the project.
Task 8: 30-Percent Plans, Specifications and Estimate
This task will progress the major design elements to an overall 30% level, including contract drawings
and an engineer’s construction cost estimate.
Tasks 9 - 12: 70%, 95%, 99% and Final Plans, Specifications and Estimate
These final design tasks progress the design from 30% level to preparing the 70% contract documents
for review, the 95% contract documents for review, a 99% check set of the contract documents and
100% (bid ready) contract documents. The contract documents include the contract drawings, the
specifications and the engineer’s construction cost estimate.
Task 13: Services During Bidding
As requested by the City, the Consultant will provide assistance to the City during the advertisement
and award of the project as follows:
• Response to Technical Bidder questions
• Development of Technical Addendums
Task 14: Construction Record Drawings
The Consultant will prepare Construction Record Drawings for the project.
Task 15: Optional Services - Services During Construction
No funds are allocated to this task at this time. At the direction of the City, funds may be added via an
amendment. As requested by the City, the Consultant will provide assistance to the City during
construction of the project as follows:
• Attendance at the pre-construction meeting
• Review submittals
• Provide written responses to Contractor’s Requests for Information
• Construction observation and inspection assistance
• Testing and startup
Total Consultant Agreement (not to exceed) = $218,971
CA.E Page 57 of 597
Project No: C512AProject Title:
Project Manager: Leah Dunsdon
Initiation/Consultant Agreement
Initiation Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20122013 Future Total
430 Fund - Water 7,138100,000640,000747,138
Total 7,138100,000640,0000747,138
Activity Prior Years 20122013 Future Total
Design Engineering - City Costs7,13812,50048,00067,638
Design Engineering - Consultant Costs 85,000133,971218,971
Construction Estimate 721,000721,000
Project Contingency (15%)108,150108,150
Construction Engineering - City Costs 62,50062,500
Construction Engineering - Consultant Costs 62,500 62,500
BUDGET STATUS SHEET
Well 4 Emergency Power Improvements
Date: October 19, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Engineering - Consultant Costs 62,500 62,500
Total 7,13897,500181,971954,1501,240,759
Prior Years 20122013 Future Total
*430 Funds Budgeted (230,000 )(7,138)(100,000)(640,000)0(747,138)
430 Funds Needed 7,13897,500181,971954,1501,240,759
*430 Fund Project Contingency ( )0(2,500)(458,029)00
430 Funds Required 000954,150493,621
* ( # ) in the Budget Status Sections indicates Money the City has available.
430 Water Budget Status
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CA.E Page 59 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6429
Date:
October 24, 2012
Department:
City Attorney
Attachments:
Ordinance 6429
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
The City Council recently adopted an Ordinance repealing Chapter 2.14 of the Auburn City
Code relating to the Municipal Court. The City Council also adopted resolutions approving a
lease and contract with the King County District Court. These actions were in furtherance of
the decision of the City Council to contract with the King County District Court for court
services rather than having the City of Auburn continue to operate its Municipal Court.
However, there are a number of sections of the City code that refer to or reference the
Municipal Court.
In light of the repeal of the Municipal Court, and in order to provide that consistency in the
City Code regarding court systems, it is appropriate to amend the code where necessary to
clarify that the municipal court will no longer be hearing court cases and that another court
of limited jurisdiction (i.e., the king County District Court) is authorized to hear those cases.
This Ordinance is essentially, a house-keeping measure, as its only purpose is to provide
consistency with other prior Council decisions.
The proposed Ordinance also includes an authorization for the City Clerk, as the City Code
Reviser, to make such changes in any other sections of the City Code as would likewise
conform to and accommodate the switch from Municipal Court to the District Court.
Reviewed by Council Committees:
Councilmember:Staff:Heid
Meeting Date:November 5, 2012 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 60 of 597
ORDINANCE NO. 6 4 2 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 1.25.010, 1.25.020, 1.25.040, 9.58.020,
9.86.040, 10.12.430, 10.12.440, 10.40 050,
10 40.060, AND 15.06.040 AND CHAPTER 10 08,
OF THE AUBURN CITY CODE RELATING TO
CHANGES FROM THE MUNICIPAL COURT TO THE
DISTRICT COURT SYSTEMS
WHEREAS, the City Council of the City of Auburn, recently adopted an
Ordinance repealing Chapter 2.14 of the Auburn City Code entitled Municipal
Court System in connection with the City's contracting for court services from the
King County District Court; and
WHEREAS, in furtherance thereof, there are several other sections of the
Auburn City Code that would benefit from clarification of the change of court
systems; and
WHEREAS, in order to provide that consistency regarding court systems,
it is appropriate to amend the code where necessary to clarify that the municipal
court will no longer be hearing court cases and that another court of limited
jurisdiction is authorized to hear those cases.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 1.25.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.010 Purpose.
Ordinance No. 6429
October 23, 2012
Page 1 of 9
ORD.A Page 61 of 597
It is the purpose of this chapter to generally provide civil penalties for non-
fire code violations of ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, all
standards, regulations and procedures adopted pursuant to those titles, and the
terms and conditions of any permit or approval issued pursuant to those titles
which do not involve imminent danger to the public health, safety and welfare of
persons or property, and such other code provisions as are specified. Criminal
penalties provided in this code for non-fire violation of ACC Titles 5, 8, 10, 12, 13,
15, 16, 17 and 18, and all standards, regulations and procedures adopted
pursuant to those titles and the terms and conditions of any permit or approval
issued pursuant to those titles whether contained in Chapter 1.24 ACC or in the
individual titles are superseded to the extent provided herein. It is the intent of
this chapter to permit a timely and efficient means of enforcement, to establish
definitions, monetary penalties for violations and a hearing process before the
ffwieipat--court of limited iurisdiction authorized to hear cases of the-city-as
assigned in the ACC or as.otherwise.provided by law (Ord. 5966 § 1, 2006; Ord.
5837 § 1, 2004, Ord. 5677 § 2, 2002; Ord. 5667 § 1, 2002; Ord. 5246 § 1 (Exh.
B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991 )
Section 2. Amendment to City Code. That section 1.25 020 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.020 Definitions.
Except where specifically defined in this section, all words used in this
chapter shall carry their customary meanings. The word "shall' is always
mandatory, and the word "may" denotes a use of discretion in making a decision.
A. "Act' means doing or performing something.
B. "Code enforcement official' means the director or designee of the
director of the department authorized and/or empowered to enforce a violation of
ACC Titles 5, 8, 12, 13, 15, 16, 17 and 18, and Chapter 10.02 ACC, or such
other provisions of the ACC that are enforceable pursuant to the provisions of
this chapter, and all standards, regulations and procedures adopted pursuant to
those titles and the terms and conditions of any permit or approval issued
pursuant to those titles of this code, and such of the code provisions specifying
civil penalties not within the specific or exclusive enforcement responsibility of
another official.
C "Emergency" means a situation or civil violation which in the opinion of
the code enforcement official requires immediate action to prevent or eliminate
an imminent threat to the public health, safety or welfare of persons or property
D "Omission" means a failure to act.
E. "Person" includes any natural person, his heirs, executors,
administrators or assigns, and also includes a firm, partnership or corporation, its
Ordinance No. 6429^
October 23, 2012
Page 2 of 9
ORD.A Page 62 of 597
or their successors or assigns, a governmental body, or the agent of any of the
aforesaid.
F "Stop work order" means the written order issued by the code
enforcement official or other authorized enforcement official, or his/her designee,
to direct that work or activity shall be stopped until such activity is authorized to
resume by the code enforcement official or other authorized enforcement official,
or his/her designee.
G. "Violation" means an act or omission contrary to requirements
contained in ACC Titles 5, 8, 12, 13, 15, 16, 17 and/or 18, and Chapter 10.02
ACC, or such other provisions of the ACC that are enforceable pursuant to the
provisions of this chapter, and/or all standards, regulations and procedures
adopted pursuant to those titles and the terms and/or conditions of any permit or
approval issued pursuant to those titles, and such other code provisions as are
specified.
H. "
established pursuant to Chapter 2.14 AGG, as the fqmn; in whiGh vielatieRs a
the AGG shall be Court" means the court of limited jurisdiction authorized
to hear cases of the city
I. "Property owner" means any person or persons, having legal right or
interest such as a fee owner, contract purchaser, mortgagor or mortgagee, option
or optionee, and beneficiary or grantor of a trust or deed of trust, but not including
the grantee of an easement. (Ord. 6328 § 1, 2010; Ord. 5966 § 2, 2006; Ord.
5677 § 2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000; Ord. 5246 § 1 (Exh.
B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991 )
Section 3. Amendment to City Code. That section 1.25.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.040 Notice of infraction.
A. Authority to Issue. Whenever the code enforcement official determines
that a violation has not been corrected pursuant to ACC 1.25.030, he/she shall
be authorized to issue a notice of infraction, on an appropriate form for filing with
the A%49G pal court of limited jurisdiction authorized to hear cases of the city, to
the property owner(s) and/or tenant(s) and/or to any person(s) causing or
allowing or participating in the violation.
B. Infraction Process. Once the notice of infraction has been filed with the
mwaisiI court of limited jurisdiction authorized to hear cases of the city, it shall
be sent in the normal course to the property owner(s), tenant(s) and/or to other
person(s) causing or allowing or participating in the violation, and thereafter
processed for court proceedings in accordance with applicable rules and
procedures. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
Exh. B), 1999; Ord. 4460 § 1, 1991 )
Ordinance No. 6429
October 23, 2012
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ORD.A Page 63 of 597
Section 4. Amendment to City Code. That section 9.58.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
9.58.020 Witness tampering.
A. A person is guilty of witness tampering if he or she induces or attempts
to induce a person that he or she knows or reasonably should know is a witness
in a case before the AubUFR muniGoWgny court of this state located within the
corporate boundaries of the city-
1 To testify falsely;
2. To withhold testimony without right or privilege; or
3. To fail to appear in court when scheduled to testify by subpoena or
court order
B. Witness tampering is a gross misdemeanor (Ord. 6411 § 6, 2012.)
Section 5. Amendment.to.City Code. That section 9.86.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
9.86.040 SOAR orders — Issuance.
A. The FnwniGipal court of limited jurisdiction authorized to hear cases of
the city may issue a SOAR order to any person charged with racing, unlawful
race attendance, reckless driving associated with race activity, or trespass
associated with race activity as a condition of pretrial release, sentence, or
deferred sentence.
B. A person is deemed to have notice of the SOAR order when:
1 The signature of either the person named in the order or that of his
or her attorney is affixed to the bottom of the order, which signature shall signify
the person named in the order has read the order and has knowledge of the
contents of the order; or
2. The order recites that the person named in the order, or his or her
attorney, has appeared in person before the court at the time of issuance of the
order
C The written SOAR order shall contain the court's directives and shall
bear the statement: "Violation of this order is a criminal offense under ACC
9.86.050 and will subject the violator to arrest." (Ord 5933 § 1, 2005 )
Section 6 Amendment to City Code. That section 10 12.430 of
the Auburn City Code be and the same hereby is amended to read as follows:
10.12.430 Complaint and citation — Filing with police department.
Ordinance No. 6429
October 23, 2012
Page 4 of 9
ORD.A Page 64 of 597
Every police officer, upon issuing a traffic complaint and citation to an
alleged violator of any provision of the motor vehicle laws of this state or of any
traffic ordinance of this city, shall deposit the complaint and the abstract of the
court record copy of such traffic complaint and citation with his immediate
superior officer, who shall cause the original to be delivered to the MUR'Gipal
court of limited iurisdiction authorized to hear cases of this city or to the traffic
violations bureau. The police record copy of the traffic complaint and citation
shall be retained in the traffic citation book and shall be delivered by such
superior officer to the finance director together with such book when all traffic
complaints and citations therein have been used. (Ord. 5212 § 1 (Exh. E), 1999;
1957 code § 9.04 470(A).)
Section 7. Amendment-to-City-Code. That section 10.12.440 of
the Auburn City Code be and the same hereby is amended to read as follows:
10 12.440 M wk4paEsCourt of limited jurisdiction trial
Upon the filing of such original citation in the n isiyal-court of limited
jurisdiction authorized to hear cases of this city as set out in ACC 10 12.430, the
citation may be disposed of only by trial in the court or by other official action by a
judge of the court, including forfeiture or by payment of a fine to the traffic
violations bureau of the court. (Ord. 5212 § 1 (Exh. E), 1999; 1957 code §
9 04 470(6).)
Section 8. Amendment to City Code. That section 10 40 050 of
the Auburn City Code be and the same hereby is amended to read as follows:
10 40.050 Violation - Notice.
Each officer shall attach to the vehicle a notice to the owner or operator
that the vehicle has been parking in violation of the provisions of this chapter,
and instructing the owner or operator to report to the MUNGiyal court of limited
Jurisdiction authorized to hear cases of the city in regard to such violation. (Ord.
5111 §2, 199$; 1957 code § 9.26.030 )
Section 9. Amendment to City Code. That section 10.40.060 of
the Auburn City Code be and the same hereby is amended to read as follows:
10.40 060 Violation - Fines.
Any person found to have committed a violation under this chapter shall
pay a sum of $25.00 if so paid within 15 days from the date of issuance of such
notice, or in the sum of$30 00 if so paid after the fifteenth day from the issuance
Ordinance No. 6429
October 23, 2012
Page 5 of 9
ORD.A Page 65 of 597
of said notice, by paying the same directly with the ourt of
limited iurisdiction authorized to hear cases of the city It shall be a separate
violation, subject to the fines and penalties provided herein, chargeable
independently and successively, for each instance of overtime parking when the
same vehicle is parked for consecutive periods longer than the parking time limit.
The monetary penalty provided for by this section may be forfeited or a contested
or mitigated hearing may be requested as authorized by law (Ord. 5724 § 11,
2002; Ord. 5111 § 2, 1998; Ord. 4218 § 3, 1987, Ord. 3338 § 4, 1978; 1957 code
9.26.030 )
Section 10. Amendment to City Code. That section 15.06.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
15.06.040 Penalties and enforcement.
A. Unless specifically directed or assigned otherwise, violations of or
failures to comply with any of the codes adopted by this chapter shall be
prosecutable in the Aubum of-limited iurisdiction_authorized to
hear.cases.of the city
Section 11. Amendment to City Code. That Chapter 10.08 of the
Auburn City Code be and the same hereby is amended to read as follows:
Chapter 10.08
TRAFFIC VIOLATIONS BUREAU'
Sections:
10.08.010 Creation.
10.08.020 Bail forfeitures.
10.08.030 Personal recognizance bond execution duties.
10.08.040 Post-trial procedures.
10.08.050 Driver education penalty remittances.
10 08.060 Limitations.
10 08.010 Creation.
There is created and established within the city a traffic violations bureau
to assist the dal court of limited iurisdiction authorized to hear cases of
the city with the clerical work of traffic cases. The bureau shall be in charge of the
finance director and shall be open at such hours and at such places as the mayor
of the city, in consultation with the judge of the sity rt tisipa. said court, may
For statutory provisions on the enforcement of traffic regulations, see Ch. 46.64 RCW; for
provisions applying Ch. 46.64 RCW to code cities, see RCW 35A.46.010.
Ordinance No. 6429
October 23, 2012
Page 6 of 9
ORD.A Page 66 of 597
designate from time to time. The mayor of the city, after consultation with the
judge, may appoint and designate one of the persons employed in the traffic
violations bureau or a contract service provider as chief traffic violations clerk.
Ord. 4538 § 1 (Exh. A), 1991, 1957 code § 9 03.010 )
10 08.020 Bail forfeitures.
In traffic matters where a bail forfeiture is authorized by the revised bail
schedule of the city—aRUa+sipal urt of limited jurisdiction authorized_to hear
cases of the city, a form provided by the-said court will be prepared in triplicate
by the clerk of the traffic violations bureau. The original will be stapled to the
permanent violations bureau copy of the uniform traffic citation and complaint.
The remaining two copies will be taken with payment of the bail and driver
education penalty directly to the finance director of the city, where payment in full
will be made. The finance director will thereupon complete the finance director's
items on the form, keep one copy for his files, and at least weekly will return the
third copy of such form to the clerk of the traffic violations bureau. The clerk will
staple such third copy to the permanent violations bureau copy of the uniform
traffic citation and complaint and will file them in numerical sequence in the
permanent files of the bureau. The clerk of the traffic violations bureau will
complete the disposition of items on the reverse side of the remaining copies of
the citations and will dispatch them at least weekly to the appropriate agencies.
Ord. 4538 § 1 (Exh. A), 1991, 1957 code § 9.03 020.)
10.08.030 Personal recognizance bond execution duties.
In traffic matters where trial is requested or is mandatory, according to the
reversed bail schedule, the clerk of the traffic violations bureau is authorized to
allow violators to execute and complete a form of personal recognizance bond,
as provided by the oity-4i;4pisipa4-court of limited jurisdiction authorized to hear
cases of the city The clerk will thereupon send all copies of the traffic citation
and complaint together with the executed personal recognizance bond to the city
rnunisipaisaid court for docketing, trial and disposition. (Ord. 4538 § 1 (Exh. A),
1991, 1957 code § 9.03.030 )
10.08.040 Post-trial procedures.
Following trial on the merits, if a finding of "not guilty" is made, a docket
entry to this effect shall be made and the personnel of the city municipal ourt of
limited jurisdiction authorized to hear cases of the city el-_will complete all
actions. If, after trial on the merits, a defendant is found guilty and a fine and
driver education penalty is assessed, the clerk of the-said court will prepare a
form in four copies keeping the original with the court. The remaining copies shall
be given to the defendant immediately with instructions to take or send payment
of his fine and penalty in full within a definitely stated period directly to the
finance director of the city Upon payment, the finance director will complete the
Ordinance No. 6429
October 23, 2012
Page 7 of 9
ORD.A Page 67 of 597
finance director's items on the form, keep one copy for his files, and at least
weekly, will return the third copy of the form to the eity4n4nisipal-court of limited
jurisdiction authorized to hear cases of the city where the remaining necessary
actions will be completed. (Ord. 4538 § 1 (Exh. A), 1991, 1957 code § 9.02.040.)
10 08.050 Driver education penalty remittances.
The finance director will make remittance of the state driver education
penalty periodically, as required, directly to the state treasurer (Ord. 4538 § 1
Exh. A), 1991, 1957 code § 9.30.050.)
10.08.060 Limitations.
The procedures set out in this chapter will not apply in the case of criminal
matters not involving traffic violations. The city munis+pal—court of limited
jurisdiction_ authorized to hear cases of the city will process those cases.
Likewise, in the case of persons charged and booked in the county jail and where
bail is posted at the jail, present procedures will remain in effect. (Ord. 4538 § 1
Exh. A), 1991, 1957 code § 9.03.060.)
Section 10. Authorization of City Clerk. The City Clerk is also
authorized, as Code Reviser of the Auburn City Code, to make such other
corrections as would be warranted in connection with the purposes of this
ordinance and identify those corrections to the Mayor and City Council
Section 13. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 14. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Ordinance No. 6429
October 23, 2012
Page 8 of 9
ORD.A Page 68 of 597
Section 1S. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law
INTRODUCED-
PASSED-
APPROVED-
CITY OF AUBURN
PETER B. LENS
MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
1E120
Darnel B. Hei ,Ci ttorney
Published:
Ordinance No. 6429
October 23, 2012
Page 9 of 9
ORD.A Page 69 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6430
Date:
October 15, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ord 6430
Exhibit 3
Exhibit 4
exhibit 5
Exhibit 6
Exhibit 8
exhibit 7
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibt 14
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6430.
Background Summary:
See attached Agenda Bill.
Reviewed by Council Committees:
Other: Hearing Examiner; Planning; Building; Public Works
Councilmember:Backus Staff:Snyder
Meeting Date:November 5, 2012 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 70 of 597
Exhibit 1
Number of Pages 7
AGENDA BILL APPROVAL FORM
Agenda Subject: REZ09-0002 – Lyden Rezone
Date: October 12, 2012
Department: Planning and
Development
Attachments: See Exhibit List, on
Page 7
Budget Impact: N/A
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6430 approving
the rezone.
Background Summary:
OWNER: George Lyden, Lyden & Lyden, 1102 D ST NE, Auburn, WA 98002
APPLICANT: Dennis L. Holt, Holt and Associates, 1215 S. Central Ave, Suite #211, Kent, WA 98032
REQUEST: Change in zoning of an approximately 4.45 –acre parcel from C1, Light Commercial, to
M1, Light Industrial
LOCATION: The vacant property is located at the 900 block of A ST NW , Auburn Parcel
No.1221049020.
EXISTING
LAND USE: The property is currently vacant.
COMPREHENSIVE
PLAN DESIGNATION: Light Industrial
SEPA STATUS: A SEPA (SEP09-0014) Determination of Non-Significance (DNS) was issued on
September 21, 2009 for the Comprehensive Plan designation change and rezone
change. No appeals were received.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: November 5, 2012 Item Number:
ORD.B Page 71 of 597
Agenda Subject: Ordinance No. 6430, Lyden Rezone, Application
No. REZ09-0002
Date: October 12, 2012
Page 2 of 7
The current Comprehensive Plan designation, zoning category and land uses of the site and surrounding
properties are:
Current Comprehensive
Plan Designation
Current Zoning Category Current Land Use
Project Site Light Industrial, Special
Area Plan: “Auburn
North Business District”
C1, Light Commercial Vacant, undeveloped land
North Light Commercial, Special
Area Plan: “Auburn
North Business District”
C1, Light Commercial Vacant, undeveloped land
South Light Industrial M1, Light Industrial Manufacturing and
warehousing buildings
East
Light Commercial, Special
Area Plan “Auburn North
Business District”
C1, Light Commercial,
adopted special area plan
Immediately to the east,
across the newly
completed extension of A
ST NW , is a vacant
property (including wetland
mitigation) and senior
housing project
West
Heavy Industrial M2, Heavy Industrial
Immediately to the west,
across the Railroad tracks
and C ST NW , are
warehouse and distribution
industrial buildings
ORD.B Page 72 of 597
Agenda Subject: Ordinance No. 6430, Lyden Rezone, Application
No. REZ09-0002
Date: October 12, 2012
Page 3 of 7
FINDINGS OF FACT:
1. Dennis Holt, Holt and Associates, Applicant, on behalf of George Lyden, Lyden & Lyden, Property
Owner, applied for a rezone for property located at the 900 block of A ST NW , Auburn, WA
(Parcel number 1221049020).
2. The rezone site at the 900 block of A ST NW is approximately 4.45 acres (193,842 square feet) in
size and is currently vacant land. The application requests a change in zoning of an
approximately 4.45 –acre parcel from C1, Light Commercial, to M1, Light Industrial, to make the
zoning consistent with the Comprehensive Plan designation.
3. Previously, a Comprehensive Plan Land Use Map amendment was applied for concurrently with
the rezone on June 11, 2009. The applicant requested change in the land use designation from
“Light Commercial” to “Light Industrial” and a change in the zone from “C1, Light Commercial”, to
“M1, Light Industrial”. Also previously, the City Council approved the Comprehensive Plan
Amendment on December 7, 2009 by Ordinance No. 6280 (Exhibit 14).
4. As part of annual amendment process, the Planning Commission held a public hearing on the
comprehensive plan amendment on October 6, 2009. Staff recommended that Planning
Commission recommend that the City Council deny the change in designation. Staff stated that a
change to “Light Industrial” (and future rezone) would create an incompatible use with the senior
assisted living facility located to the east of the subject property. Staff stated that the change to
ORD.B Page 73 of 597
Agenda Subject: Ordinance No. 6430, Lyden Rezone, Application
No. REZ09-0002
Date: October 12, 2012
Page 4 of 7
Light Industrial would also be incompatible with the uses envisioned for the area in the Auburn
North Business District. Mr. Holt spoke during the hearing and stated that 50% of the northern
part of the property is mapped with wetlands, as are adjacent properties to the north and the east.
Mr. Holt stated that even with the completion of the A/B Street NE Corridor, discussions with
commercial realtors indicate that the property would still not be attractive to commercial users.
The Planning Commission did not concur with the staff recommendation and approved the
recommendation that City Council approve the application to change the comprehensive plan
designation from “Light Commercial” to “Light Industrial”.
5. City Council considered this application separately from the docket of annual comprehensive plan
amendments during the December 7, 2009 meeting, and the property owner spoke at the council
meeting. The property owner distributed copies of the site and vicinity maps for the affected
property. The property owner, Mr. George Lyden, said that the property is no longer part of the
Auburn North Business Area Plan as the streets and wetlands have separated the property from
the North Business Area. The Council discussed that after seeing the map, the alignment of the
A/B Street NE corridor, and the wetlands in the area, that the area is not appropriate for
commercial zoning. A motion was made to change the land use designation from “Light
Commercial” to “Light Industrial”. The City Council approved the Comprehensive Plan
Amendment on December 7, 2009 by Ordinance No. 6280.
6. Pursuant to ACC 18.68.030, ‘Public Hearing Process (Amendments)’, “All applications for a
rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After
review of the application, the director shall determine which of the following two processes should
occur to properly hear the rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall
conduct a public hearing on the rezone and make a recommendation to the city council
pursuant to ACC 18.66.170;
b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate
to the rezone, or the policies are not complete, then a comprehensive plan amendment
must be approved by the city council prior to the rezone being scheduled for a public
hearing in front of the hearing examiner. The planning commission shall conduct a public
hearing on the comprehensive plan amendment and make a recommendation to the city
council.”
The planning director determined the application is consistent with the comprehensive plan, as
outlined below in the Conclusions section and thus the Hearing Examiner conducted a public
hearing and has made a recommendation to the City Council.
7. Pursuant to ACC 18.68.040, ‘Public Hearing Notice Requirements Amendments)’, notice of the
public hearing was given at least 10 days prior to the public hearing and in accordance with ACC
14.07.040. The public hearing notice was published in the Seattle Times on September 10, 2012.
This notice was also mailed to the property owners within 300 feet of the subject site, and posted
on the subject property meeting the notification requirements (Exhibit 5).
8. On September 26, 2012, the Hearing Examiner conducted a duly noticed public hearing.
9. The Hearing Examiner issued a written recommendation on October 8, 2012. The Hearing
Examiner recommends approval of the rezone, REZ09-0002; subject to one condition that
requires the future development of the site comply with the policies of the North Auburn Business
Area Plan as practical for an industrial use. No requests for reconsideration or appeal of the
Hearing Examiner’s decision were filed with the City.
ORD.B Page 74 of 597
Agenda Subject: Ordinance No. 6430, Lyden Rezone, Application
No. REZ09-0002
Date: October 12, 2012
Page 5 of 7
10. The Applicant filed an environmental checklist application that addressed both the comprehensive
plan amendment and rezone. On September 21, 2009, the SEPA Responsible Official issued a
Determination of Non-Significance (DNS) for the comprehensive plan land use amendment that
also took into account the rezone. There were no comments received and no appeals filed
(Exhibit 11).
11. The stated purpose of the M1, Light Industrial, zone per ACC 18.32.010 ‘Intent’ is to
accommodate a variety of industrial, commercial, and limited residential uses in an industrial park
environment, to preserve land primarily for light industrial and commercial uses, to implement the
economic goals of the comprehensive plan and to provide a greater flexibility within the zoning
regulations for those uses which are non-nuisance in terms of air and water pollution, noise,
vibration, glare or odor. The light industrial /commercial character of this zone is intended to
address the way in which industrial and commercial uses are carried out rather than the actual
types of products made.
12. As identified in ACC 18.32.020, -030 and -040 the M1, Light Industrial, zone allows a variety of
industrial and commercial uses.
13. The M1, Light Industrial, zone development standards including setbacks and lot requirements
are contained in ACC 18.32.050.
CONCLUSIONS:
ACC Chapter 18.68 ‘Amendments’ provides criteria for approval of a rezone. The criteria are given below
in bold followed by a staff analysis:
1. The rezone must be consistent with the Comprehensive Plan.
Staff Analysis:
The applicant submitted an application for both a rezone and comprehensive plan amendment on
June 11, 2009. The comprehensive plan amendment was processed as part of the 2009 annual
amendments. The comprehensive plan map amendment was from ‘Light Commercial’ to ‘Light
Industrial’. The purpose of the M1, Light Industrial, zoning district is identified in the ‘Findings of Fact’
above. The proposed rezone would change the current zoning from C1, Light Industrial, which has
an emphasis on commercial uses and development to M1, Light Industrial, zoning which has an
emphasis on light industrial uses and development.
Previously on December 7, 2009 the City Council approved the comprehensive plan amendment to
change to the property to the “Light Industrial” comprehensive plan designation by Ordinance
No. 6280 (Exhibit 14). Now, the rezone request from C1, Light Commercial, to M1, Light Industrial,
would make the zoning consistent with this Comprehensive Plan designation.
The proposed zoning will implement several goals and related policies of the Comprehensive Plan
including:
“ED-22 Land suitable for large scale development in the Region Serving Area of the City
should be identified and designated for economic development.
ORD.B Page 75 of 597
Agenda Subject: Ordinance No. 6430, Lyden Rezone, Application
No. REZ09-0002
Date: October 12, 2012
Page 6 of 7
a. The integrity of large, contiguously owned properties suitable for industrial use should be
conserved by use of appropriate industrial subdivision standards.”
“LU-108 Designation of light industrial areas shall have priority over heavier industrial uses.”
The proposed rezone will designate a large scale property suitable for development as “Light
Industrial”, meeting the economic development goals of the Comprehensive Plan by conserving a
large property suitable for industrial uses. The site is within the region-serving area with good
accessibility. The site is bordered by a public street on the east side that is currently nearing
construction completion; A ST NE. A ST NE is classified by the City as a Minor Arterial Street. To
the north, A Street NE connects to 10th Street NW (which becomes 9th Street NE, to the east) that is
also a Minor Arterial.
With the condition proposed by staff and modified by the Hearing Examiner, the development on the
property shall comply with the Auburn North Business Area Plan Comprehensive Plan policies as
appropriate for an industrial development. This will ensure consistency with the Auburn North
Business Area Plan, special plan area of the Comprehensive Plan.
2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner
to consider the request.
Staff Analysis:
The rezone was initiated by the property owner, George Lyden, Lyden & Lyden who is represented by
Dennis Holt, Holt and Associates, Agent.
3. Any changes or modifications to a rezone request made by either the Hearing Examiner or
City Council will not result in a more intense zone than the one requested or apply to a larger
area.
Staff Analysis:
The Hearing Examiner modified the single condition proposed by staff. The change clarified the
condition but did not result in a more intense zoning designation, nor did the change of zoning
designation apply to a larger geographic area consistent with these criteria.
In addition, Washington case law has identified other criteria for rezone applications (see Parkridge v.
Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since the original zoning
was established and the proposed rezone must bear a substantial relationship to the general welfare
of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001) (proponents of a
rezone must establish that conditions have substantially changed since the original showing and that
the rezone must bear a substantial relationship to the public health, safety, morals or welfare;
provided, that a showing of a change of circumstances has occurred is not required if a rezone
implements the Comprehensive Plan.).
a. The proposed rezone must bear a substantial relationship to the general welfare of the
community.
Staff Analysis:
The property is currently undeveloped vacant land. Rezoning the subject property to M1, Light
Industrial, will align the zoning district to the comprehensive plan designation. The subject site is
ORD.B Page 76 of 597
Agenda Subject: Ordinance No. 6430, Lyden Rezone, Application
No. REZ09-0002
Date: October 12, 2012
Page 7 of 7
located along a minor arterial. The property is separated from the surrounding uses by a new
road, and by a vacant property. The nearest developed property is zoned Light Industrial. The
proposed rezone is in compliance with the adopted Comprehensive Plan which bears a
substantial relationship to the general welfare of the community.
b. If the rezone does not implement the Comprehensive Plan, conditions in the area must
have changed since the original zoning was established.
Staff Analysis:
The rezone proposal is consistent with the comprehensive plan land use designation for the
subject property. As mentioned under the Findings of Fact, a comprehensive plan map
amendment was approved by the City Council in 2009. The proposed rezone would adjust the
zoning of the property to be consistent with the comprehensive plan. Showing of a change of
circumstances is not required if a rezone implements the Comprehensive Plan.
HEARING EXAMINER RECOMMENDATION
After conducting a properly advertised public hearing, the Hearing Examiner issued a written
recommendation of approval on October 8, 2012 with the following condition:
1. Development of the property shall comply with the policies of the Auburn North Business Area Plan,
including but not limited to it design policies. Staff is directed to apply the policies in a flexible
manner that ensures compatibility with surrounding uses while avoiding unnecessary restrictions
that are tailored to light commercial and/or high density residential development and are not
compatible with industrial development.
Staff reserves the right to supplement the record of the case to respond to matters and information raised
subsequent to the writing of this report.
EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Draft Ordinance No. 6430 rezoning property
Exhibit 3 Hearing Examiner’s decision REZ09-0002, dated October 8, 2012
Exhibit 4 Completed Rezone Application Form (REZ09-0002)
Exhibit 5 Combined Notice of Application and Public Hearing and affidavits of posting, mailing and
publication
Exhibit 6 Vicinity Map showing the current comprehensive plan land use designation
Exhibit 7 Zoning map showing the current and proposed zoning
Exhibit 8 Zoning map showing the Auburn North Business Overlay District
Exhibit 9 Year 2007 Aerial Photograph of site
Exhibit 10 Site Plan Materials (GRA04-0037)
Exhibit 11 Determination of Non-Significance (DNS) (SEP09-0014)
Exhibit 12 Planning Commission minutes from October 6, 2009
Exhibit 13 City Council meeting minutes from December 7, 2009
Exhibit 14 Ordinance No. 6280 approved December 7, 2009 changing the comprehensive plan
designation of the subject property
ORD.B Page 77 of 597
ORDINANCE NO. 6 4 3 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE REQUEST OF
GEORGE LYDEN FOR REZONING AN APPROXIMATELY
445-ACRE PARCEL FROM C1, LIGHT COMMERCIAL TO
M1, LIGHT INDUSTRIAL TO IMPLEMENT THE
COMPREHENSIVE PLAN AND AMENDING THE CITY'S
ZONING MAPS
WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive
Plan by Resolution No. 1703 which includes a Map establishing the location of the
Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan
Amendments by Resolution No. 2635 to comply with the Washington State Growth
Management Act; and
WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by
Ordinance No. 4788; and
WHEREAS, George Lyden, the applicant, submitted a rezone application (File #
R.EZ09-0002) for the a rezone on June 11, 2009 for a parcel identified by parcel
number 1221049020; and
WHEREAS, the environmental impacts of proposed rezone were considered in
accordance with procedures of the State Environmental Policy Act; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on
September 26, 2012 conducted a public hearing on the proposed Lyden Rezone; and
Ordinance No. 6430
October 23, 2012
Page 1
ORD.B Page 78 of 597
WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard
public testimony and took evidence and exhibits into consideration; and
WHEREAS, thereafter the City of Auburn Hearing Examiner made a
recommendation to the City Council on the proposed Lyden Rezone; and
WHEREAS, on November 5, 2012, the Auburn City Council considered the
proposed Lyden Rezone as recommended by the City of Auburn Hearing Examiner;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council ("Council") adopts and approves the Lyden Rezone
from C1, Light Commercial to M1, Light Industrial and directs that the rezone
application and all related documents be filed along with this Ordinance with the Auburn
City Clerk and be available for public inspection.
Section 2. The Zoning Map amendment is herewith designated as a basis for
the exercise of substantive authority under the Washington State Environmental Policy
Act by the City's responsible environmental official in accordance with RCW
43.21 C 060
Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in
the Hearing Examiner's recommendation outlined below-
FINDINGS OF FACT
Procedural:
1 Applicant. The Applicant is Dennis Holt, Holt & Associates Inc. on behalf of the
property owner George Lyden.
Ordinance No. 6430
October 23, 2012
Page 2
ORD.B Page 79 of 597
2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30
p.m. at Auburn City Hall Annex on September 26, 2012.
Substantive:
3. Site/Proposal Description. The Applicant has requested a rezone of an
approximately 4 4-acre parcel from C1, Light Commercial, to M1, Light Industrial. The
rezone site is located at the 900 block of A St. NW, and located within the property
subject to the Auburn North Business Area Plan, (Special Plan Area) see Exhibit. 12
Map of Comprehensive Plan designations with North Auburn Business Area Plan
overlay shown). On December 7, 2009 the City Council approved a Comprehensive
Plan Land Use Map amendment for the subject property, from Light Commercial to
Light Industrial.
The property is currently vacant and roughly 50% of the property is occupied by
wetlands, located in the northern portion of the property
4 Characteristics of the Area. If approved, the subject property will be an island of
M1, Light Industrial zoned property surrounded on the north and east sides by property
zoned C1, Light Commercial; property zoned M1, Light Industrial to the south and
property zoned M2, Heavy Industrial across adjoining railroad tracks to the west. The
properties zoned C1, Light Commercial are vacant and according to planning
commission testimony of Mr Holt, are both encumbered by wetlands that take up 50%
of the parcel areas. A St. NW separates the subject property from the
at
on the
property to the east. Adjoining the wetland parcel further east is a senior housing
complex.
5 Adverse-Impacts. There are no significant adverse impacts associated with the
proposal. Compatibility with adjoining land uses is the only issue of concern at this
stage of project review
When the proposed comprehensive plan map amendment to Light Industrial for the
subject property was considered by the planning commission, staff had recommended
denial due to concerns over compatibility with the senior housing complex to the east
and other land uses as well as compatibility with the policies of the Auburn North
Business Area Plan. The Light Industrial zoning district permits outright uses such as
automobile service and repair, banks, equipment rental and indoor manufacturing. The
planning commission recommended approval based upon its apparent agreement with
the Applicant that there were no compatibility issues due to the extensive amount of
wetlands that surround the site, which provide for separation from the senior housing to
the east and the remaining light commercial property to the north. The City Council
also apparently agreed with this assessment as the Council ultimately adopted the
Comprehensive Plan Land Use Map amendment to Light Industrial.
Ordinance No. 6430
October 23, 2012
Page 3
ORD.B Page 80 of 597
The buffering provided by the wetlands in conjunction with the design policies of the
Auburn North Business Area Plan should provide for sufficient compatibility with
surrounding uses. As shown in the Ex. 12 (Map of Comprehensive Plan designations
with North Auburn Business Area Plan overlay shown), the subject property is located
within the overlay district imposed by the Auburn North Business Area Plan and is,
therefore, subject to the Plan's policies. The Plan's policies include numerous design
standards requiring a substantial amount of landscaping and other design amenities
that reduces visual impacts. Policy AN2.2, for example, imposes a menu of design
choices to reduce visual impacts of buildings on adjoining streets, including facade
modulation, roof design and significant massing of landscaping.
The staff report recommends a condition requiring compliance with the Auburn North
Business Area Plan. As acknowledged by staff during questioning at the hearing, this
condition isn't technically necessary since the Business Area Plan applies whether or
not it is referenced in the rezone decision. Staff noted the condition just puts the
Applicant on notice of the Applicability of the Business Area Plan. There is no harm in
adding the condition for this reason and it has already served its function by giving the
Applicant an opportunity to debate the applicability of the Business Area Plan before
the Examiner and the City Council.
Since the rezone will be adopted by ordinance, the rezone process will also be a good
opportunity for the Council to clarify its intent in the applicability of the Business Area
Plan to light industrial zoning districts. The design policies within the Business Area
Plan were clearly formulated with the understanding that they would apply to
commercial uses, since Business Area Plan policies limited uses within the Business
Area Plan overlay to light commercial and high density residential uses. Consequently,
there is some ambiguity as to how to apply the design policies to light industrial uses.
The City Council cannot use a rezone ordinance to modify the Business Area Plan
policies, but it may be able to incorporate language into the rezone ordinance to clarify
ambiguities in the policies by having the ordinance serve as "clarifying legislation" To
this end, the recommended condition of approval could direct staff to apply the design
policies in a flexible manner that promotes compatibility with adjoining uses but avoids
unnecessary requirements that were tailored for commercial and/or high density
residential development and are not compatible with industrial development.
CONCLUSIONS OF LAW
Procedural:
1 Authority of Hearing Examiner ACC 18.68.030(B)(1)(a) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone requests
to the City Council if the planning director determines that the rezone requests are
consistent with the comprehensive plan. The planning director has determined that the
rezone request is consistent with the comprehensive plan. The Comprehensive Plan
Ordinance No. 6430
October 23, 2012
Page 4
ORD.B Page 81 of 597
Land Use Map designation for the subject property is Light Industrial, which is
consistent with the requested M1, Light Industrial zoning map designation.
Substantive:
2. Zoning Designation. The property is currently zoned C1, Light Commercial.
3. Case Law Review Criteria and Application. The Auburn City Code does not
include any criteria for rezone applications. Washington appellate courts have imposed
some rezone criteria, requiring that the proponents of a rezone must establish that
conditions have substantially changed since the original showing and that the rezone
must bear a substantial relationship to the public health, safety, morals or welfare. See
Ahmann-Yamane, LLC v Tabler, 105 Wn. App. 103, 111 (2001). If a rezone
implements the Comprehensive Plan, a showing that a change of circumstances has
occurred is not required. Id. at 112.
The proposed rezone clearly meets the judicial criteria for a rezone. There is no
question that the proposal is necessary to implement the comprehensive plan, as the
Comprehensive Land Use Map designation for the property is currently Light Industrial
and the current zoning is inconsistent with that designation. In point of fact, the rezone
is mandated by RCW 36.70A.120, which requires a city to "perform its activities" in
conformity to its comprehensive plan. Staff testified that the M1, Light Industrial
designation is the only rezone for the subject property that is consistent with the light
industrial Comprehensive Plan Land Use Map designation. Some of the uses permitted
outright by the M1, Light Industrial zoning district are in conflict with the restricted uses
identified in the Auburn North Business Area Plan policies, but the more specific
requirements of the Comprehensive Plan Land Use Map would supersede the
inconsistencies with the more generally applicable Business Area Plan policies. If the
requested rezone is approved by the City Council, the uses authorized by the M1, light
Industrial district and the requirements and authorizations of the M1, Light Industrial
district would supersede any conflicting policies of the Auburn North Business Area
Plan. See Citizens for Mount Vernon v City of Mount Vernon, 133 Wn.2d 861, 947
P.2d 1208 (1997)(When there is inconsistency between a specific zoning regulation
and the comprehensive plan, the zoning regulation prevails).
The rezone bears a substantial relationship to the public health, safety, morals and
welfare because it will not result in any significant adverse environmental impacts as
determined in Finding of Fact No. 5 while at the same time furthering economic
development in the City of Auburn as encouraged by the City's comprehensive plan as
referenced in the staff report at page 6 and Policies ED-22 and LU-108.
Ordinance No. 6430
October 23, 2012
Page 5
ORD.B Page 82 of 597
DECISION
The Hearing Examiner recommends approval of REZ09-0002 with the following one
condition:
1 Development of the property shall comply with the policies of the Auburn
North Business Area Plan, including but not limited to its design policies. Staff is
directed to apply the policies in a flexible manner that ensures compatibility with
surrounding uses while avoiding unnecessary restrictions that are tailored to light
commercial and/or high density residential development and are not compatible
with industrial development.
Section 4. Upon the passage, approval, and publication of this Ordinance as
provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be
recorded in the office of the King County Recorder
Section 5. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason
held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions thereof
Section 6. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Ordinance No. 6430
October 23, 2012
Page 6
ORD.B Page 83 of 597
Section 7. This Ordinance shall take effect and be in force five days from and after its
passage, approval, and publication as provided by law
INTRODUCED*
PASSED:
APPROVED*
Peter B. Lewis
MAYOR
ATTEST
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
W: —
Dan'DanW B. Heid,
City Attorney
Published:
Ordinance No. 6430
October 23, 2012
Page 7
ORD.B Page 84 of 597
Exhibit 3, Number of Pages 9
CITY OF
Peter B. Lewis, Mayor
25 West Main Street *Auburn WA 98001-4998 * www.aubumwa.gov* 2b3.931.3000
October 11, 2012
Via Certified Mail
Dennis L. Holt
1215 S. Central Avenue, Suite 211
Kent, WA 98032
Re: Application No. REZ09-0002/Lyden Rezone
Dear Mr Holt
Attached is the Hearing Examiner's official recommendation regarding your request that was
considered on September 26, 2012. Provided that the City does not receive a request for
reconsideration,the City Council will consider your request on November 5, 2012 in the City
Council Chambers at 7:30 p.m.
Your land use posting board sign must stay posted until completion of the City Council action
period as stated in this document.i
You or a representative are requested to be at that meeting to answer any questions the City
Council might have regarding your proposal.
If you have any questions regarding the attached, please give me a call at (253)288-7412.
Sincerely,
Hillary Taylor
Senior Planner
Planning and Development Department
I
KT/bh
CORR12-386
Attachment
cc: Planning Director(w/encl.)
Public Works Director(w/encl.)
City Clerk (w/encl.)
George Lyden (w/encl.)
AUBURN * MORE THAN YOU IMAGINED
ORD.B Page 85 of 597
Findings of Fact and Recommendation
Application No. REZ09-0002
October 11, 2012
Page 2
REQUEST.FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact
or judgment, or the discovery of new evidence may file a written request for reconsideration
with the Hearing Examiner no later than October 18, 2012. Reconsideration requests should be
addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA 98001-4998.
i
I
ORD.B Page 86 of 597
Findings of Fact and Recommendation
Application No. REZ09-0002
October 11, 2012
Page 3
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be
considered by the Council at their November 5, 2012 meeting. At the November b, 2012
meeting, the Council may either affirm the Examiner's recommendation, remand the decision
back to the Examiner, or schedule a closed record public hearing.
i
i
I
ORD.B Page 87 of 597
Findings of Fact and Recommendation
Application No. REZ09-0002
October 11, 2012
Page 4
DECLARATION OF MAILING
CITY OF AUBURN )
COUNTY OF KING )
On the 11th day of October 2012, 1 deposited into the United States of America mail,
certified copies, of the foregoing addressed to the applicant and parties of record.
I declare under penalty of perjury of the laws of the State of Washington that the
foregoing is true and correct.
Signed at Auburn this 11th day of October, 2012.
i
Bobbie Hodgkinson, Plan mg Support Clerk
Planning and Development Department
i
i
ORD.B Page 88 of 597
1
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
2
Phil Olbrechts,Hearing Examiner
3
RE: Lyden Rezone
4 FINDINGS OF FACT,CONCLUSIONS
5
REZ09-0002 OF LAW AND RECOMMENDATION.
6
INTRODUCTION
7
The Applicant has requested a rezone of a 4.4 acre parcel from C 1, light commercial,
8 to Ml, light industrial. The rezone is necessary to make the zoning map designation
9 consistent with the comprehensive plan map designation. Approval of the rezone is
recommended.
10
ORAL TESTIMONY
I1
12 Hillary Taylor, Auburn planning staff, addressed the staffs recommended condition
of approval (requiring compliance with the Auburn North Business Area Plan) at the
13 request of the Applicant, Mr. Holt. She clarified that the property is already subject
to the Auburn North Business Area Plan so the condition isn't really necessary but
14 just serves to provide notice to the Applicant that the Business Area Plan applies to
the property Ms. Taylor noted that staff will be able to use the Business Area Plan
15 policies at the building permit stage to provide for compatibility with a nearby senior
16
housing complex and other surrounding uses.
17 Mr. Holt,Applicant,asserted that the Auburn North Business Area Plan only applied
when the property was zoned Cl His property is an island of industrial zoning where
18 the Business Area Plan would make no sense. Mr. Holt noted there are Business
Area Plan policies such as design standards requiring modulation that isn't necessary
19 for industrial development. He also noted that compatibility isn't an issue given the
20
extensive amount of surrounding wetlands.
21 Elizabeth Chamberlain, planning manager, clarified that the Auburn North Business
District Plan is an overlay district and the overlay wasn't removed from the subject
22 property when the comprehensive plan designation was changed from C1 to Ml. She
acknowledged that the Applicant's property is the only industrial property subject to
23 the overlay She suggested that the condition could be changed to have staff
24 determine what policies of the Business Area Plan apply to industrial property Ms.
Chamberlain said that the zoning allowed for the light industrial comprehensive plan
25 map designation is either M-1 or environmental park. The environmental park
district only applies near the environmental park off of West Main St. and couldn't be
applied to the subject property
Rezone P. I Findings,Conclusions and Decision
ORD.B Page 89 of 597
1 EXHIBITS
2 Exhibits 1-13 identified in the Exhibit List at Page 7 of the staff report on this
3 application, dated August 30, 2012, are admitted. In addition, a map depicting the
location of the Auburn North Business Area Plan was admitted as Exhibit 12.
4
FINDINGS OF FACT
5
6 Procedural:
7 1. Applicant. The Applicant is Dennis Holt on behalf of property owner
George Lyden.
8
9
2. Hearin . The Hearing Examiner conducted a hearing on the application at
5:30 p.m. at Auburn City Hall Annex on September 26,2012.
10
Substantive:
I1
12
3. Site/Proposal Description. The Applicant has requested a rezone of a 4.4
acre parcel from Cl, light commercial, to Ml, light industrial. The rezone site is
13 located at the 900 block of A St. NW, located within the property subject to the
Auburn North Business Area Plan, see Ex. 12. On Decerirber 7, 2009 the City
14 Council approved a Comprehensive Plan Land Use Map amendment for the subject
property,from Cl,light commercial,to Ml,light industrial.
15
16
The property is currently vacant and roughly 50% of the property is occupied by
wetlands,located in the northern portion of the property
17
4. Characteristics of the Are If approved, the subject property will be an
18 island of light industrial property surrounded on the north and east sides by property
zoned light commercial, property zoned light industrial to the south and property
19 zoned heavy industrial across adjoining railroad tracks to the west. The properties
20
zoned light commercial are vacant and according to planning commission testimony
of W. Holt, are both encumbered by wetlands that take up 50% of the parcel areas.
21 A St.NW separates the subject property from the wetlands on the property to the east.
Adjoining the wetland parcel further east is a senior housing complex.
22
5. Adverse Impacts. There are no significant adverse impacts associated
23 with the proposal. Compatibility with adjoining land uses is the only issue of concern
24
at this stage of project review.i
25 When the proposed comprehensive plan map amendment to light industrial for the
subject property was considered by the planning commission, staff had recommended
denial due to concerns over compatibility with the senior housing complex to the east
and other land uses as well as compatibility with the policies of the Auburn North
Rezone p.2 Findings, Conclusions and Decision
ORD.B Page 90 of 597
Business Area Plan. The light industrial zoning district permits outright uses such as
1 automobile service and repair, banks, equipment rental and indoor manufacturing.
2 The planning commission recommended approval based upon its apparent agreement
with the Applicant that there were no compatibility issues due to the extensive
3 amount of wetlands that surround the site, which provide for separation from the
senior housing to the east and the remaining light commercial property to the north.
4 The City Council also apparently agreed with this assessment as the Council
ultimately adopted the Comprehensive Plan Land Use Map amendment to light
5 industrial.
6 The buffering provided by the wetlands in conjunction with the design policies of the
7 Auburn North Business Area Plan should provide for sufficient compatibility with
surrounding uses. As shown in the Ex. 12,the subject property is located within the
8 overlay district imposed by the Auburn North Business Area Plan and is, therefore,
subject to the Plan's policies. The Plan's policies include numerous design standards
9 requiring a substantial amount of landscaping and other design amenities that reduces
10 visual impacts. Policy AN2.2, for example, imposes a menu of design choices to
reduce visual impacts of buildings on adjoining streets, including fagade modulation,
11 roof design and significant massing of landscaping.
i
12 The staff report recommends a condition requiring compliance with the Auburn North
Business Area Plan. As acknowledged by staff during questioning at the hearing,this13conditionisn't technically necessary since the Business Area Plan applies whether or
14 not it is referenced in the rezone decision. Staff noted the condition just puts the
Applicant on notice of the Applicability of the Business Area Plan. There is no hamr
15 in adding the condition for this reason and it has already served its function by giving
the Applicant an opportunity to debate the applicability of the Business Area Plan
16 before the Examiner and the City Council.
17 Since the rezone will be adopted by ordinance, the rezone process will also be a good
18 opportunity for the Council to clarify its intent in the applicability of the Business
Area Plan to light industrial zoning districts. The design policies within the Business
19 Area Plan were clearly formulated with the understanding that they would apply to
commercial uses, since Business Area Plan policies limited uses within the Business
20 Area Plan overlay to light commercial and high density residential uses.
21 Consequently,there is some ambiguity as to how to apply the design policies to light
industrial uses. The City Council cannot use a rezone ordinance to modify the
22 Business Area Plan policies, but it may be able to incorporate language into the
rezone ordinance to clarify ambiguities in the policies by having the ordinance serve
23 as"clarifying legislation" To this end,the recommended condition of approval could
direct staff to apply the design policies in a flexible manner that promotes
24 compatibility with adjoining uses but avoids unnecessary requirements that were
25 tailored for commercial and/or high density residential development and are not
compatible with industrial development.
Rezone p. 3 Findings,Conclusions and Decision
ORD.B Page 91 of 597
CONCLUSIONS OF LAW
1
2 Procedural:
3 1. Authority of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone requests
4 to the City Council if the planning director determines that the rezone requests are
5
consistent with the comprehensive plan. The planning director has determined that the
rezone request is consistent with the comprehensive plan. The Comprehensive Plan
6 Land Use Map designation for the subject property is light industrial, which is
consistent with the requested light industrial zoning map designation.
7
Substantive:
8
9 2. Zoning Designation. The property is currently zoned Cl.
10 3. Case Law Review Criteria and Application. The Auburn City Code does
not include any criteria for rezone applications. Washington appellate courts have
11 imposed some rezone criteria,requiring that the proponents of a rezone must establish
l2
that conditions have substantially changed since the original showing and that the
rezone must bear a substantial relationship to the public health, safety, morals or
13 welfare. See Ahmann-Yanrane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a
rezone implements the Comprehensive Plan, a showing that a change of
14 circumstances has occurred is not required. Id. at 112.
I
15 The proposed rezone clearly meets the judicial criteria for a rezone. There is no
16 question that the proposal is necessary to implement the comprehensive plan, as the
Comprehensive Land Use Map designation for the property is currently light
17 industrial and the current zoning is inconsistent with that designation. In point of
fact, the rezone is mandated by RCW 36.70A.120, which requires a city to "perform
18 its activities" in conformity to its comprehensive plan. Staff testified that the Ml
designation is the only rezone for the subject property that is consistent with the light
19 industrial Comprehensive Plan Land Use Map designation. Some of the uses
20 permitted outright by the Ml zoning district are in conflict with the restricted uses
identified in the Auburn North Business Area Plan policies, but the more specific
21 requirements of the Comprehensive Plan Land Use Map would supersede the
inconsistencies with the more generally applicable Business Area Plan policies. If the
22 requested rezone is approved by the City Council, the uses authorized by the Ml
district and the requirements and authorizations of the Ml district would supersede
23 any conflicting policies of the Auburn North Business Area Plan. See Citizens for
24 Mount Vernon v. City ofMount Vernon, 133 Wn.2d 861,947 P.2d 1208(1997)(When
there is inconsistency between a specific zoning regulation and the comprehensive
25 plan,the zoning regulation prevails).
The rezone bears a substantial relationship to the public health, safety, morals and
welfare because it will not result in any significant adverse environmental impacts as
Rezone p. 4 Findings,Conclusions and Decision
ORD.B Page 92 of 597
determined in Finding of Fact No. 5 while at the same time furthering economicIdevelopmentintheCityofAuburnasencouragedbytheCity's comprehensive plan
2 as referenced in the staff report at page 6.
3 DECISION
4 The Hearing Examiner recommends approval of REZ09-0002 with the following
S
condition:
6 Development of the property shall comply with the policies of the Auburn North
Business Area Plan, including but not limited to its design policies. Staff is directed
7 to apply the policies in a flexible manner that ensures compatibility with surrounding
uses while avoiding unnecessary restrictions that are tailored to light commercial
8 and/or high density residential development and are not compatible with industrial
9
development.
10 Dated this 8th day of October,2012.
1l
12
13 Phil Olbrechts, City of Auburn Hearing
Examiner
14
15
16
17
18
19
20
21
22
i
23
24
25
Rezone p. 5 Findings, Conclusions and Decision
ORD.B Page 93 of 597
Exhibit 4
t:ITY or Number of Pages 2
C6tl.J B tl.J i11 1
WASHING I ON P/nnning, Building, rrnd Conimimily DeparlmeW
MASTER LAND USE APPLICATION—PLANNING APPLICATIONS
Project Name Lyden & Lyden Rezone Date June 10, 2009
Parcel No(s) 122104-9020 Site Address 900 Block A St. NW
Legal Description (attached separate sheet if necessary) See Attached
i
Applicant
Name:Dennis L. Holt, President, Holt &Associates, Inc.
Mailing Address: 1215 So. Central Ave. -Suite #211 - Kent. Washinaton 98032
Telephone and Far: (253) 852-8816 (2531862--08411 C 1?4 YX f 71f5
Email: nvlWholtandassociates.com
Signature: a,
Owner(if more than one attach another sheet)
Name:George Lyden
Mailing Address: c/o 1102 D St. NE -Auburn, WA 98002
Telephone and Fax: (253) 735-0313 (253) 833-7945
Email:aeorae metersoncheese.com
Signature:
Engineer/A rchitict.tre./Other
Name:J.B. Rupert. PE - Ruoert Enaineerinq, Inc.
Mailing Address: 1519 West Vallev Hwv N. - Suite#101 -Auburn. WA 98001
Telephone and Fax: ([os) 0,56-11 ro (25s) asa-clots
Email;I ru o e rt(a)..ru o e rte n o.co m
Description of Proposed Action:
Comprehensive Land Use Plan Amendment and concurrent Rezone Application within
the Auburn North Planning Area to change the existing C1 Zoning to M1
Tv no of Application Required Check all that Apply)
Administrative Appeal* Rezone(site specific)* Area Wide
Administrative Use Permit* Short Plat
Annexation* Special Exception*
Boundary Line Adjustment Special Home Occupation Permit*
Comprehensive Plan Amendment(Text or Map)* Substantial Shoreline Development*
Conditional Use Permit* Surface Mining Permit*
Critical Areas Variance* Temporary Use Permit
Development Agreement* Variance*
Environmental Review(SEPA)* Please note that public notification is
Final Plat required. A separate cost is charged
Preliminary Plat* for the signs. City prepares signs but
PUD Site Plan Approval applicant responsible for sign posting.
Reasonable Use Exception*Rk
PERMIT CENTER
Page 1 of 2 III N
AUBURN r MORI`. THAN 1'UlJ I GMPD
BY 7
TIME
ORD.B Page 94 of 597
CITY 01'
ADBURN
wASI1ING'roN plattttimg, Building, and Contmuttity Department
LETTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT
A copy of this letter must be submitted for each property owner involved)
1. George Lyden being duly sworn declare that I am the owner of the property
PROPERTY OWNER)
Involved in the application. I hereby grant Dennis L. Holt
of Holt &Associates, Inc.. _to act on my behalf. I further declare that all
statements,answers,and information herein submitted is in all respects true and correct to the
best of my knowledge and belief.
C&ap- LL2 rt4y (0i
Sig atu Da e
C
aaa
ssU
Subscribed and sworn to before me this Q day of Q 261t7
Notary Public in and for the State of Washin on 4±1 y
Residing at
W OO r''
O tfp^
y ptPRY 9 s
i N k. r t/08 •
4 OF WPttnntn%%
Page 2 of 2
AUBURN MORE THAN YOU INIAGINGD
ORD.B Page 95 of 597
crrY or•
Exhibit 5, Number of Pages 6
ID T( P {Peter B. Lewis, Mayor
y ll])
WASHINGTON 25 West Main Street * Auburn WA 98001.4998 * www.auburnwa.90v * 253-931-3000
COMBINED NOTICE OF APPLICATION AND PUBLIC HEARING
Comprehensive Zoning Map Amendment
PUBLIC HEARING: September 26, 2012
APPLICATION REQUESTED: Comprehensive Zoning Map Amendment
APPLICATION NUMBER:REZ09-0002
APPLICATION FILED: June 11, 2009
COMPLETE APPLICATION: July 21, 2009
NOTICE OF APPLICATION: September 10, 2012
PROPONENT Dennis Holt on behalf of George Lyden
1215 S. Central Avenue, Suite#211
Kent,WA 98032
PROPERTY LOCATION: 900 block of A ST NW,Auburn,WA; Parcel Number 1221049020
DESCRIPTION OF PROPOSAL. To change the zoning of an approximately 4.45 acre parcel
I
from C1, Light Commercial to M1, Light Industrial. j
STUDIES SUBMITTED WITH APPLICATION: None.
OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: None
STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT
REGULATIONS: This project is subject to and shall be consistent with the City of Auburn
Zoning Code and Design Standards.
Public Hearing: A public hearing Is required for this proposal and is scheduled for Wednesday,September 26, 2012 at 5:30 p.m. to be held In the City Council Chambers located at Auburn City
Hall 25 West Main Street, Auburn,WA.
Public Comment Period: You are invited to express comments up until and at the public
hearing. Written comments may be submitted to Hillary Taylor, Senior Planner, Planning and
Development Department, 25 West Main Street, Auburn, WA 98001-4998 or via email at
htaylor(o)auburnwa.aov
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to
this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as
to the type of service or equipment needed. Each request will be considered individually
according to the type of request, the availability of resources, and the financial ability of the City
to provide the requested services or equipment. If you have further comments or questionsrelatedtothisapplication, you may contact Hillary Taylor, Senior Planner at (253) 288-7412. If you
call or write, please reference File No. REZ09-0002.
AUBURN MORE TI TAN YOU IMAGINED
ORD.B Page 96 of 597
i
RIEZ09-0002 rezone application from C1 0 Light Commercial to MI, Light
Industrial (PID* 1221049020)
LT
subject propeg%%.
HE
MART
IT
Pd rl :Rtol-10,A wn kesm +
ORD.B Page 97 of 597
C[TYOF
A, - in
s
WASHINGTON
AFFIDAVIT OF POSTING
NOTICE OF APPLICATION and/or NOTICE OF HEARING
Application Number- REZ09-0002
Applicant: Dennis Holt on behalf of George Lyden
Location of Posting—Board#1.
Required Date of Posting Notice on or before: 5- k-P T
Date of Public Hearing(If applicable): NIA
I certify that on t- I did erect the land use posting notice
board(s) at the location(s) above uvhi h included a
X Notice of Application, posted within 14 days after the application was determined
complete (ACC 14.07.020) and posted a minimum of 15 days prior to a scheduled open
hearing per 14.07.030 (if applicable),
And/Or,
X Notice of Public Hearing, posted a minimum of 10 days prior to a scheduled
open` hearing ACC18.66.110 and ACC18.66.130.
I declare under penalty of perjury of the laws of the State of Washington that the
foregoing is true and correct.
Name (please print or type) Date
Signature
NOTE: This affidavit must be returned to the Planning and Development Department within one
week of the notice date to assure this application does not continue on hold and to assure that a
scheduled hearing is not postponed ACC 1.27.070.
Planning and Development
One East Main Street,Auburn,WA 98001
263)931 4090
www.auburnwa.gov
ORD.B Page 98 of 597
CITYOF
AUBURN
f,. WASHINGTON
AFFIDAVIT OF MAILING OF LEGAL PUBLIC HEARING NOTICE
Application No. REZ09-0002
Applicant: Dennis Holt on behalf of George Lydon
Location: 900 block of A ST NW, Auburn,WA; Parcel Number- 1221049020
Date of Public Hearing: September 26, 2012
I certify that or before Seotember 10, 2012 1 did send a Notice of Public Hearing for the above
referenced application, as required by Auburn City Code 18.66.130, to all property owners
located within 300 feet of the affected site. Said Notice was mailed pre-paid stamped through
the United States Postal Service at least 15 days prior to the public hearing date noted above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
Tina Kriss—Planning S cretary
t i
i
ORD.B Page 99 of 597
LOCALLY OWNEM. UNIOUELYNORTNWES?.'
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PO Box 70, Seatde,WA 98111
City Of Auburn Finance Dept
City Clerk
25 W Main St
Auburn,WA 98001
Re:Advertiser Account# 107302
Ad#•234880
Affidavit-of Publication
STATE OF WASHINGTON Newspaper and Publication Date(s)
Counties of King and Snohomish
The undersigned,on oath states that Wshe is an authorized
representative ofThc Seattle Times Company,
publisher ofThe Seattle Times of general circulation
published daily in King and Snohomish Counties,State
of 14ashington.The Seattle Times has been approved as a
legal newspaper by others of the Superior Court of King and
Snohomish Counties.
Seattle Times 09/10/12
The notice,in the exact form annexed,was published in the j
regular and entire issue of said paper or papers and distrib-
uted to its subscribers during all of the said period.
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Ageart/d1Au2EG.a E D0 6aAW signature oQee & f•. .
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Subscribed and sworn to before me on
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tur otary Public in for e 0 of W sh tpggteo rresidin at Seattle
to Stma l.. 1vlCri0M
ORD.B Page 100 of 597
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6
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ORD.B Page 102 of 597
REZ09-0002 Exhibit 12 - Auburn North Business Area District
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
9/27/2012
ORD.B Page 103 of 597
IREZ09-0002 current zoning for subject parc9($lmbOl-OfrASv5.
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ORD.B Page 104 of 597
fREZ09-0002 proposed zoning for subject parcel
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ORD.B Page 105 of 597
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Exhibit 13, Number of Pages 15
i
C[TY OF CITY COUNCIL
a ¢` MEETING MINUTES
WASHINGTON December 7, 2009 7:30 PM
I
I
I
I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and
led those In attendance in the Pledge of Allegiance.
B. Rolf Call
The following Councilmembers were present: Rich Wagner, Sue
Singer, Gene Cerino, Bill Peloza, Lynn Norman and Virginia
Haugen. Councilmember Nancy Backus was excused.
Staff members present included: City Attorney Daniel B. Held,
Acting Planning Director Kevin Snyder, Traffic Engineer Pablo
Para, Public Works Director Dennis Dowdy, Chief of Police Jim
Kelly, Park Planning and Development Manager Bob Wuotila,
Parks, Arts and Recreation Director Daryl Faber, Information
Services Director Lorrie Rempher, Principal Planner Jeff Dixon,
Principal Planner Elizabeth Chamberlain, Finance Director Shelley
Coleman, Emergency Preparedness Manager Sarah Miller, and
City Clerk Danielle Daskam.
i
C. Announcements and Appointments j
1 Announcements
a) Proclamation -"2009 Tree Steward"
Mayor Lewis read and presented a proclamation
declaring Marilyn Dollinger as 2009 Tree Steward for
preservation of her London Plane trees located at 12
G Street NW and declaring them as "Significant
Trees"
Page 1
ORD.B Page 140 of 597
City of Auburn Council Meetinn Minutes December 7.2009
I
Mayor Lewis was joined by Parks, Arts and
Recreation Director Faber and members of the
Auburn Urban Tree Board to recognize Ms. Dollinger
b) Proclamation — "Miss Auburn Scholarship
Program"
Mayor Lewis read and presented the Miss Auburn
Scholarship Program proclamation declaring
February 4 and 5, 2010 as Miss Auburn Scholarship
Pageant Days to Co-Executive Director Donna
Hamilton.
The following Miss Auburn contestants were present:
Contestant Name
Amanda Haffner
Courtney Kindell
Alicia Damis
Jackie Guyette
Julie Ho
Linda Borboa
Sera Johnson
Meghan Bruya
Alyssa_Opland j
Anne Partridge
Kate Garbe
Angeleah Tana
Julie Heffernan
Raquel Robayo-Krause
Ami Moore
Daniela Ferrell
Jennifer Russell
Hayley McJunkin
c) Barrier Free Playground
Parks, Arts and Recreation Director Faber presented
an update on the Barrier Free Playground using a
PowerPoint presentation.
The barrier-free playground would allow all children,
regardless of ability to play side-by-side. It will be a
unique amenity for Auburn with a regional reach. The
32,OO6 square foot playground will be located at Les
Gove Park and will include universally accessible
Page 2
ORD.B Page 141 of 597
i
City-of Auburn Council Meeting Minutes December.7.2009
pathways and surfacing; play structures configured to
supportr all levels of development; ramps, bridges and
transfer stations allowing every child to reach the
highest play deck; elevated sand tables, interactive
wall, activity panels, and auditory elements; and cozy
spots where everyone can gather Mr Faber
displayed several examples of the play structures and
amenities.
Director Faber reported that the City is working with a
501(c)3 partner, Northwest Parks Foundation, to raise
the $300,000 needed to construct the playground.
The City is also seeking donations through grants,
businesses, individuals, service clubs and others. To
date, the City has received $189,670 in funding and
donations.
2. Appointments
There was no appointment for Council consideration.
D. Agenda Modifications
There was no change to the agenda.
I
II. CITIZEN INPUT, PUBLIC HEARINGS&CORRESPONDENCE
A. Public Hearings
1 Mid-biennial Review and Modification of the 2009.2010
Biennial Budget
F3.22
City Council to conduct a public hearing to receive public
comments and suggestions with regard to the proposed mid-
biennial review and modification of the 2009-2010 Biennial
Budget.
Finance Director Coleman presented a PowerPoint j
presentation for the mid-biennial review and modification of
the 2009-2010 Biennial Budget.
Director Coleman reported that several changes were made
to the 2009 Budget, and those changes have been included
in the mid-term correction.
Page 3
ORD.B Page 142 of 597
City of Auburn Council Meetina Minutes December 7.2009
Director Coleman reviewed the following 2010 Budget global
changes:
e Reduction of the COLA to unaffiliated staff through
furloughs
Negotiations with affiliated groups are ongoing
0 25% reduction in contribution rates to Equipment
Rental fund
30% reduction in contributions to Information Services
e 18% reduction in contributions to Multi Media
e Increase in contribution to Facilities as new City Hall
Annex comes on line
Director Coleman explained that the proposed three percent
COLA will be off set by a forty-hour furlough which will
reduce the COLA by nearly two percent.
The reductions in Equipment Rental and Information
Services will be achieved by extending the life of equipment.
Director Coleman advised that the 2010 Budget includes
designated fund balance for SCORE (South Correctional
Entity) start up costs and staff transfer The Police
Department budget realized a savings of approximately
650,000 in 2009 which will be carried over for the SCORE
start up costs.
The 2010 revenue estimate has been reduced from
52,522,400 to $49,105,799. Approximately $3.2 million
has been reduced from the 2010 expenditures. Director i
Coleman reviewed the reductions in revenue and the
expenditure highlights.
Director Coleman pointed out that the City's assessed
valuation has decreased by 11.66 percent.
Councilmember Peioza inquired regarding the Equipment
Rental fees. Director Coleman explained that a reduction in
Equipment Rental fees will be effected through extending
the life of vehicles from five years to seven years. At seven
years, the rolling stock will go through a checkpoint to
evaluate the mileage, condition and purpose of the vehicle
before It is replaced.
Page 4
ORD.B Page 143 of 597
City of Auburn Council Meeting Minutes December 7.2009
i
In response to an inquiry from Councilmember Haugen,
Director Coleman reported that the net increase to the
Facilities budget for the City Hall Annex is approximately
265,000. Facilities costs include utilities, insurance, and
property management.
Mayor Lewis opened the public hearing at 8:15 p.m. There
was no audience comment and the hearing was closed.
2. 2010-2015 Six Year Transportation Improvement
Program
04.9.3
State law requires the City of Auburn to annually prepare
and adopt a comprehensive transportation improvement
program for each ensuing six calendar years. Prior to
adoption of a six year transportation program a public
hearing is held to review the work accomplished under each
Six Year Transportation Improvement Program for the
purpose of determining current city street needs, and to
adopt a revised and extended comprehensive transportation
Improvement program.
Using a PowerPoint presentation, Traffic Engineer Para
presented the staff report for the Six Year Transportation
Improvement Program. State law requires the City of
Auburn to annually prepare and adopt a comprehensive
transportation improvement program. The program must be
financially constrained for the first three years. The program
provides a planning and budgeting tool and facilitates
regional project planning and coordination.
i
The 2010-2015 Transportation Program includes twenty-two
new projects and studies consisting of four roadway
projects, three intersection projects, three Intelligent
Transportation System projects, three non-motorized
projects and nine studies and miscellaneous projects. This
year's Transportation Improvement Program update
document includes a revised format consistent with the
Capital Facilities Plan and a simplified project matrix.
Mayor Lewis opened the public hearing on the
Transportation Improvement Program at 8:28 p.m. There
was no audience comment and the hearing was closed.
Page 5
ORD.B Page 144 of 597
City of Auburn Council Meeting Minutes December 7.2009
See Item Vill.B.2, Resolution No. 4544, for further action on
this item.)
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any Issue. Those wishing to speak are
reminded to sign in on the form provided.
George Lyden, 7315 0 Avenue NE, Seattle
Mr Lyden spoke In support of the applicant's request for
Comprehensive Plan Map amendment#5. He distributed copies of
the site and vicinity maps for the affected property He noted that
the staff recommendation Is to deny the Comprehensive Plan Map
amendment, but the Planning Commission voted to approve the
amendment. Mr Lyden contended that the property is no longer
part of the Auburn North Business Area Plan as the streets and
wetlands have separated the property from the North Business
Area. He urged the Council's affirmative vote on proposed
Comprehensive Plan Map amendment#5.
Windy Beach, 31607 118`" Place SE, Auburn
Ms. Beach recounted an incident with Puget Sound Energy
whereby Puget Sound Energy discovered inconsistent readings of
her energy meter She was informed by Puget Sound Energy that
she would be backbilled for over twenty-three months of service, or
approximately $900. Ms. Beach expressed dissatisfaction with the
backbilling procedure and reported that she has contacted several
agencies for relief. Ms. Beach believes that Puget Sound Energy
should be responsible for their faulty equipment.
Hans Korve,'DMP Engineering, 726 Auburn Way North, Auburn
Mr Korve spoke in favor of Comprehensive Plan Map amendment
6.
Leslie K. Hamata, 28026 189th Avenue SE, Covington
Ms. Hamata advised that she is a member of PAID, People
Advocating Independent Democracy Ms. Hamata spoke against
Resolution No. 4551 and the removal of Councilmember Haugen
from Council committee assignment.
C. Correspondence
There was no correspondence for Council review.
Page 6
ORD.B Page 145 of 597
i
City of Auburn Council Meetina Minutes December 7.2009
III. COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Chair Cerino reported the Municipal Services Committee met
November 23,.2009. The Committee approved consent items and
Resolution No. 4540 relating to the Comprehensive Emergency
Management Plan. The Committee discussed the solid waste
interlocal agreement, mercury and secure medicine recycling, and
helicopter noise regulation. The next regular meeting of the
Municipal Services Committee is scheduled for December 14, 2009 iat4:00 p.m.
B. Planning & Community Development
Deputy Mayor Singer reported the Planning and Community
Development Committee met November 23, 2009. The Committee
reviewed Ordinance No. 6262 relating to open space taxation and
the current use assessment tax program, Comprehensive Plan
amendments, an update on the Green River flood preparations, the
Transportation Improvement Program, and school impact fees.
The next regular meeting of the Planning and Community
Development Committee is scheduled for December 14, 2009 at
5:00 P.M.
C. Public Works
Chair Wagner reported the Public Works Committee met this
afternoon. The Committee approved two right-of-way use permits
and several contract administration items. The Committee
approved Resolution No. 4544 adopting the Six Year
Transportation Improvement Program and Resolution No. 4540
adopting a new Comprehensive Emergency Management Plan.
The Committee also discussed budget amendments, the Auburn
Area Chamber of Commerce contract for tourism activities, two
contracts for lobbying services, the 2010 Save Our Streets
Program, utility rates, status of public works projects, capital
projectsi and a franchise extension with Comcast for cable other
related services. The next regular meeting of the Public Works
Committee is scheduled for December 21, 2009 at 3:00 p.m.
D. Finance
Vice Chair Peloza reported the Finance Committee met this
evening at 6:30. The Committee reviewed and approved claims
and payroll vouchers. The Committee discussed the Auburn Area
Chamber of Commerce activity report for the year 2009, the
Comcast cable franchise extension, budget amendments 3 and 4,
Page 7
ORD.B Page 146 of 597
City of Auburn Council Meetina Minutes December 7.2009
I
a contract with the Chamber of Commerce for tourism activities in
2010, and consulting services agreements with Thompson Smitch
Consulting and Washington Advocates The next regular meeting
of the Finance Committee is scheduled.for December 21, 2009.
E. Community Center
The Community Center Committee has not met since the last
Council meeting.
F Downtown Redevelopment
Chair Norman reported the Downtown Redevelopment Committee
met November 24, 2009. The Committee discussed runoff control
from the awnings in the downtown. The Committee also discussed
the City Hall plaza updates and reviewed the plan submitted by the
Alpert team. The next meeting of the Downtown Redevelopment
Committee will be held December 8, 2009 at 4:00 p.m.
G. Committee on Committees
Chair Wagner reported the Committee on Committees met this
evening at 7:00 p.m. The Committee recommended changes to
Resolution No. 4551 which will be proposed as amendments to the iresolutionthisevening.
IV REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on state, regional and local
orgehizations.
i
A. From the Council
Deputy Mayor Singer reported that the Puget Sound Regional
Council Executive Committee approved the Vision 2040
transportation plan alternative last week.
i
Councilmember Peloza reported that he attended the Airport
Advisory Board meeting, which included discussion of hangar
facilities, an Automatic Weather Observation System, and open
hangar availability marketing. Councilmember Peloza also
attended meetings of the King County Pollution Advisory
Committee where the main topic of discussion was flooding
mitigation; the Lower Green Agricultural Commission
subcommittee where discussion included the creation of a drainage
district in the northwest Auburn area near 277th; a joint meeting of
King County Solid Waste Management Advisory Committee and
the Solid Waste Advisory Committee which included review of the
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ORD.B Page 147 of 597
City of Auburn Council Meetina Minutes December 7.2009
draft Comprehensive Solid Waste Management Plan; and the
Regional Water Quality Committee where discussion centered on
reclaimed water
Councilmember Haugen reported that she participated in a Council
tour of the City's ongoing flood preparations. Councilmember
Haugen thanked Public Works Director Dowdy for the tour
B. From the Mayor
Mayor Lewis reported that he continues to work on transportation
issues In several different forums and stressed the importance for
Auburn representatives at each of the meetings. Mayor Lewis also
reported on a meeting with the King County Executive regarding
King County's planned elimination of human services and animal
control funding in 2010 as well as other service reductions. Mayor
Lewis also reported on discussions with the state regarding
continuation of sales tax mitigation for those valley cities financially
impacted by Streamlined Sales Tax.
V CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes
1 Minutes of the November 16, 2009 regular City Council
meeting.
2. Minutes of the November 5, 2009 special City Council
meeting.
B. Vouchers
F4.9.2,F4.9.5
1 Claims
Claims check numbers 390464 through 390974 in the iamountof$3,624,208.24 and dated December 7, 2009
2. Payroll
Payroll check numbers 527750 to 527891 in the amount of
380,428.39 and electronic deposit transmissions in the
amount of $1,222,788.67 for a grand total of $1,603,217.06
for the pay period covering November 11, 2009 to December
2, 2009.
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ORD.B Page 148 of 597
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City of Auburn Council Meetina Minutes December 7.2009
C. Contract Administration
1 Public Works Consultant Agreement Number AG-C-255
A3.16.9,04.9,1 C207A
City Council grant permission to enter into Amendment No. 5
to Consultant Agreement No. AG-C-255 with INCA
Engineers, Inc. for Engineering Services for Project No.
C207A—A Street NW Extension.
2. 2010,Annual On-Call Agreements
A3.16.9
City Council to approve Amendments to Annual On-Call
Agreements for 2010 as follows:
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Annual On-Call Agreements Pfotessimal Service Total Not to Exceed
Amount
Eden Advanced Pest Tech. Monitoring Mosquito Larval $60,000
AG-8-025 Sites
Brown&Caldwell Storm&Sewer Utility Modeling $50,000
AG-C-362 Support
3. Public Works Agreement Number CP0741
04.9.1 CP0741
City Council approve Final Pay Estimate No. 6 to Contract
08-03 in the amount of$142.50, for a total contract price of
166,415.46, with Evergreen Landscape & Construction,
Inc. and accept construction of Project No. CP0741,A Street
SE Pedestrian Improvements.
4. Public Works Project Number CP0815
05.2 CP0815
City Council approve Final Pay Estimate No. 2 to Contract
09-02 in the amount of $0 for a total contract price of
37,405.20 with Bernard Commercial and accept
construction of Project No. CP0815, S. 277th St.
Reconstruction Project Phase II — Mary Olson Farm
Improvements.
Deputy Mayor Singer moved and Councilmember Wagner
seconded to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY 6-0.
VI. UNFINISHED BUSINESS
There was no unfinished business.
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ORD.B Page 149 of 597
City of Auburn Council Meeting Minutes December 7.20D9
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VII. NEW BUSINESS
There was no new business.
VIII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 6280
03.4.2.1.2
An Ordinance of the City Council of the City of Auburn,
Washington, relating to Planning, adopting Comprehensive
Plan Map and Text Amendments pursuant to the Provisions
of Revised Code of Washington Chapter(RCW) 36.70A
Councilmember Norman moved and Deputy Mayor Singer
seconded to approve Ordinance No. 6280 and all
Comprehensive Plan amendments with the exception of
Comprehensive Plan Map amendment #5, which will be
addressed separately.
MOTION CARRIED. 5-1 Councilmember Haugen voted
no.
Deputy Mayor Singer reported that at the Public Works
Committee meeting today, members were provided a new
map of the subject area and the Auburn North Business
Area. Deputy Mayor stated that after seeing the map, the
alignment of the A/B Street corridor, and the wetlands in the
area, she realized that the area is not appropriate for
commercial zoning. She spoke In favor of approving the
requested Comprehensive Plan map amendment.
Councilmember Norman moved and Councilmember Singer
seconded to approve Comprehensive Plan Map amendment
5 to change the land use designation to light industrial
rather than light commercial.
Councilmember Wagner concurred with Deputy Mayor
Singer's comments and spoke in favor of the applicant's
request, Comprehensive Plan Map amendment#5.
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ORD.B Page 150 of 597
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City of Auburn Counbil Meeting Minutes December 7 2009
Councilmember Peloza spoke in favor of Comprehensive
Plan Map amendment #5 and changing the land use
designation from C1 to M1
Counciimember Wagner left at this time (9:15 p.m.)].I
Councilmember Norman stated that staff members in
making their recommendation were following direction of the
Council and the Council's policy and vision regarding the
A/B corridor Councilmember Norman spoke in favor of
Comprehensive Plan Map amendment #5 and the
applicant's request.
Councilmember Cerino concurred with Councilmember
Norman and expressed support for Comprehensive Plan
Map amendment#5.
Counciimember Haugen spoke in favor of Comprehensive
Plan amendment#5.
MOTION CARRIED. 5.0.
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2. Ordinance No. 6281
03.5 PLT09-0007
An Ordinance of the City Council of the City of Auburn,
Washington, approving the final plat of Trail Run, Division
No. 3
Councilmember Norman moved and Deputy Mayor Singpr
seconded to introduce and adopt Ordinance No. 6281
MOTIOIN CARRIED. 4-1 Counciimember Haugen voted
no.
B. Resolutions
1 Resolution No. 4540
01.8.3
A Resolution of the City Council of the City of Auburn,
Washington, adopting a new City of Auburn Comprehensive
Emergency Management Plan (CEMP), replacing and
superseding the prior plans
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ORD.B Page 151 of 597
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City of Auburn Council Meetinn Minutes December 7.2009
Councilmember Cerino moved and Councilmember Peloza
seconded to adopt Resolution No. 4540.
MOTION CARRIED UNANIMOUSLY 5-0
2. Resolution No.4544
04.9.3
A Resolution of the City Council of the City of Auburn,
Washington, approving the 2010-2015 Transportation
Improvement Program of the City of Auburn pursuant to
Revised Code of Washington (RCW) Chapter 35.77 of the
laws of the State of Washington
Councilmember Cerino moved and Deputy Mayor Singer
seconded to adopt Resolution No. 4544.
MOTION CARRIED UNANIMOUSLY 5-0.
3. Resolution No. 4551
A3.7 1
A Resolution of the City Council of the City of Auburn,
Washington, repealing Resolution No. 4429 passed
December 15, 2008, as amended by Resolution No. 4484
on May 18, 2009, and designating the members, powers,
duties and meeting times and days of all standing
committees of the City Council of the City of Auburn
Resolution No. 4551 was taken out of order and acted on
Immediately following Item IV.B, Mayor's Report.)
Councilmember Wagner moved and Councilmember Singer
seconded to adopt Resolution No. 4551, with the following
amendments: in Section 2, Item F, Downtown
Redevelopment Committee, replace Bill Peloza with Sue
Singer, and in Section 4, Item A, change the Public Works
Committee meeting time to 3:3Q p.m.
Councilmember Haugen inquired as to the reason the initial
committee membership recommendation, which included
Councilmember Haugen's membership on the Municipal
Services Committee, was changed. Councilmember
Haugen asked for documentation as to the reason she is
excluded from membership on Council Committees.
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ORD.B Page 152 of 597
City of Auburn Council Meeting Minutes December 7.2009
Councilmember Wagner reported that Councilmember
Haugen attended the Committee on Committees meetings
on November 30 and December 7, 2009, as a non-
participating Councilmember, where Councilmember
Haugen heard the discussion by the Committee on
Committees regarding Committee membership.
Councilmember Wagner, who is Chair of the Committee on
Committees, stated that the Committee felt the
recommended Council Committee membership is best to
accomplish Council Committee work; it is not intended to
punish or leave anyone out.
Councilmember Haugen argued that she has never been
Informed as to the reason she is being removed from the
Municipal Services Committee,
MOTION CARRIED. 5-1 Councilmember Haugen voted
no.
IX. EXECUTIVE SESSION
At 9:21 p.m., Mayor Lewis recessed the meeting for a five minute
intermission and than to executive session for approximately fifteen
minutes to discuss pending litigation pursuant to RCW 42.30.110(1)(i),
Staff members required for the executive session were: City Attorney
Held; Human Resources and Risk/Property Management Director
Heineman; Finance Director Coleman; Public Works Director Dowdy; and
Interim Planning Director Snyder
Mayor Lewis reconvened the regular meeting at 9:39 p.m.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting j
adjourned at 9:39 p.m.
VED THE Zl ;DAY OF DECEMBER, 2009.
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Peter B. Lewis, Mayor Dan Ile Daskam, City Clerk
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ORD.B Page 153 of 597
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Exhibit 14, Number of Pages 7
ORDINANCE NO. 6 2 8 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON,'RELATING TO PLANNING;
ADOPTING COMPREHENSIVE PLAN MAP AND TEXT
AMENDMENTS PURSUANT TO THE PROVISIONS OF
REVISED CODE OF WASHINGTON (ROW) CHAPTER
36.70A
WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive I
Plan by Resolution No. 1703 which includes a Map establishing the location of the
Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive
I
Plan Amendments by Resolution No. 2635 to comply with the Washington State
Growth Management Act; and
WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action
by Ordinance No. 4788; and
WHEREAS, the City of Auburn published in the Seattle Times and Auburn
Reporter an advertisement that the City is accepted comprehensive plan amendment
applications and established a deadline for submittal of June 19, 2009; and
WHEREAS, the City of Auburn received four private initiated amendments,
three map amendments and one text amendment; and
WHEREAS, the text amendment was withdrawn; and
i
WHEREAS, Comprehensive Plan map and text amendments were processed
by the Planning, Building, and Community Department as proposed Year 2009
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amendments to the City of Auburn Comprehensive Plan; and
Ordinance No. 6280
December 7, 2009
Page 1
ORD.B Page 155 of 597
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WHEREAS, maintaining a current Comprehensive Water Plan is required in
order to meet regulations of the Washington State Department of Health under WAC
246-290-100 and requirements of the Growth Management Act under RCW 36.70A,
and
WHEREAS, maintaining a current Comprehensive Sewer Plan is required In
order to meet regulations of the Washington State Department of Ecology under
RCW 90.48.100 and WAC 173-240-050 and requirements of the Growth
Management Act under RCW 36.70A, and
WHEREAS, the updated Comprehensive Stormwater Drainage Plan is
intended to Ireplace the 2002 plan; and
WHEREAS, the City of Auburn is updating its Comprehensive Transportation
Plan in order to address the annexation of Lea Hill and West Hill; and
WHEREAS, the environmental impacts of the Year 2009 Comprehensive Plan
amendments were considered in accordance with procedures of the State
Environmental Policy Act; and
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WHEREAS, the proposed amendments were transmitted to the Washington
State Office of Community Development and other State agencies for the 60 day
review period in accordance with RCW 36.70A.106; and
WHEREAS, after proper notice published in the City's official newspaper at
least ten (10) days prior to the date of hearing, the Auburn Planning Commission on
Ordinance No. 6280
December 7, 2009
Page 2
ORD.B Page 156 of 597
September 9, 2009, October 6, 2009, and November 4, 2009 conducted public
hearings on the proposed amendments; and
WHEREAS, at the public hearing the Auburn City Planning Commission heard
public testimony and took evidence and exhibits into consideration; and
WHEREAS, thereafter the Auburn City Planning Commission made
recommendations to the City Council on the proposed Year 2009 Comprehensive
Plan map and text amendments; and
WHEREAS, on November 16, 2009 the Public Works Committee of the
Auburn City Council reviewed the Planning Commission's recommendations; and
WHEREAS, on November 23, 2009 the Planning and Community
Development Committee of,the Auburn City Council made a recommendation to the
City Council; and
WHEREAS, on December 7, 2009, the Auburn City Council considered the
proposed Comprehensive Plan amendments as recommended by the City of Auburn
Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1 The 2009 Comprehensive Plan city-initiated Map Amendments
I
are adopted and approved as set forth in Exhibit "A" attached hereto and
incorporated herein by reference. The City Clerk is directed that they be filed along
with this Ordinance and be available for public inspection.
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Ordinance No. 6280
December 7, 2009
Page 3
ORD.B Page 157 of 597
Section 2. The 2009 Comprehensive Plan Text Amendments including the
four school district Capital Facilities Plans, City of Auburn Capital Facilities Plan, City
of Auburn Comprehensive Transportation Plan, City of Auburn Comprehensive
Storm Drainage Plan, and amendments to various chapters in the Auburn
I
Comprehensive Plan are adopted and approved as set forth in Exhibit 'B" attached
hereto and incorporated herein by reference. The City Clerk shall file them along with
this Ordinance, and keep them available for public inspection
Section 3. The City of Auburn 2009 Comprehensive Water Plan is adopted
and approved as set forth in Exhibit "C" attached hereto and incorporated herein by
reference pending approval from the Washington State Department of Health. City
staff is hereby authorized to make minor changes to the approved Comprehensive
Water Plan based on comments received from the Washington State Department of
Health. Substantive changes shall be approved by the Auburn City Council.
Section 4. The 2009 Comprehensive Sewer Plan is adopted and approved
as set forth in Exhibit "D" attached hereto and incorporated herein by reference,
pending comments received from the Washington State Department of Ecology and
King County City staff is hereby authorized to make minor changes to the approved
Comprehensive Sewer Plan based on comments received from the Washington
State Department of Ecology and/or King County Substantive changes shall be
approved by the Auburn City Council.
Section 5. Application CPA09-0002, Lyden and Lyden Comprehensive Plan
Map Amendment, requesting a land use change from Light Industrial to Light
Ordinance No. 6280
December 7, 2009
Page 4
ORD.B Page 158 of 597
Commercial for property identified by parcel number 1221049020, is approved. The
Council adopts the Planning Commission's recommendation dated October 6, 2009.
Section 6. Application CPA09-0004, Craig Commercial Comprehensive
Plan Map Amendment, requesting a land use change from High Density Residential
to Heavy Commercial for property identified by parcel number 5125400241, Is j
approved. Council adopts the Planning Commission's recommendation dated
October 6, 2009 and the findings and conclusions outlined in the staff report dated
November 30, 2009,
Section 7. Application CPA09-0005, Riverside Village Comprehensive Plan
Map Amendment, requesting a land use change from Moderate Density Residential
to High Density Residential for property identified by parcel number 1721059163, is
approved. Council adopts the Planning Commission's recommendation dated
October 6, 2009 and the findings and conclusions outlined in the staff report dated
November 30, 2009.
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Section 8, The 2009 Comprehensive Plan amendments modify the
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Comprehensive Plan adopted on August 18, 1986 by Resolution No. 1703 and
adopted by Ordinance No. 4788 on September 5, 1995.
Section 9. The adopted Comprehensive Plan as amended are designated as
a basis for the exercise of substantive authority under the Washington State
Environmental Policy Act by the City's responsible environmental official in
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accordance with RCW 43.21 C.060.
Ordinance No. 6280
December 7, 2009
Page 5
ORD.B Page 159 of 597
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Section 10. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance or any of the Comprehensive Plan amendments adopted herein, is for
any reason held invalid or unconstitutional by any Court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions thereof.
Section 1.1 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
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legislation to include incorporating into one document the adopted Comprehensive
Plan map and text amendments, attached hereto as Exhibit "A" and Exhibit "B" and
preparing and publishing the amended Comprehensive Plan.
Section 12. Section 3 of this Ordinance shall take effect and be in force upon
receipt of approval from the Washington State Department of Health. Section 4 of
this Ordinance shall take effect and be in force upon receipt of approval from the
i
Washington State Department of Ecology and King County All other provisions of
this Ordinance shall take effect and be in force five days from and after its passage,
approval, and publication as provided by law.
INTRODUCED: DEC 72009
PASSED: nFG 72009
APPROVED* C 72009
Peter B. Lewis
MAYOR
Ordinance No. 6280
December 7, 2009
Page 6
ORD.B Page 160 of 597
ATTEST
Danielle E. Daskam,
City Clerk
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APPROVED AS TO FORM:
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niel B. Held,
City Attorney
Published:
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Ordinance No. 8280 j
December 7, 2009
Page 7
ORD.B Page 161 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6433
Date:
October 30, 2012
Department:
Planning and Development
Attachments:
Ord 6433
Staff Report to Planning Commission
(w/out exhibits)
DNS
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6433
Background Summary:
The Code Update Project began in September 2008 and is progressing in two phases.
Phase 1, completed in June of 2009, updated the City's residential-related zoning
districts (Title 18 ACC) and subdivision code (Title 17 ACC). Phase 2 updates the City's
non-residential related zoning districts (Title 18 ACC). Because Phase 2 involved a
number of zoning code amendments it was divided into two groups. Group 1 was
completed in December of 2011 and amended the following chapters in Title 18 ACC:
Landscaping and Screening, Off-street Parking and Loading, and Variances, Special
Exceptions and Administrative Appeals. Group 1 also added a new chapter related to
Outdoor Lighting.
The Code Update Project is intended to meet four key objectives:
* Improve development code readability and ease of use;
* Update technical content to address known issue areas and
better support the City's development review and quasi-judicial
decision process;
* Ensure development code and design standards are
coordinated and consistent with Auburn's Comprehensive Plan
and other state land use and environmental requirements;
* Promote sustainability concepts where feasible.
Ordinance 6433 will amend Chapter 18.04 (Definitions) of the Auburn City Code, add a
new Chapter 18.23 (Commercial and Industrial Zones) to the Auburn City Code and
repeal Chapters 18.24, 18.26, 18.28, 18.30, 18.32, 18.33, and 18.34 of the Auburn City
Code. The purpose of this ordinance is to reorganize and update regulations and
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 162 of 597
standards related to commercial and industrial uses. The ordinance will also provide an
adequate set of definitions for the land uses the zoning code regulates. On October 2,
2012 the Planning Commission held a public hearing on the proposed code
amendments. At the close of the public hearing the Planning Commission made a
recommendation to the City Council for adoption of the proposed code amendments.
Since the public hearing, the code amendments have been reviewed by the Planning
and Community Development Committee and the Public Works Committee. On October
22, 2012 the Planning and Community Development Committee were satisfied with the
amendments proposed and recommend approval to the City Council.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Planning, Legal
Councilmember:Backus Staff:Snyder
Meeting Date:November 5, 2012 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 163 of 597
ORDINANCE NO. 6 4 3 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
18.04.643A (18.04 643.1) AND 18.04.911A (18.04.911 1)
OF THE AUBURN CITY CODE, CREATING NEW
SECTIONS 18.04192, 18.04194, 18.04195, 18.04.235.1,
18.04.247, 18.04.248, 18.04.282, 18.04.283, 18.04.359,
18.04.395, 18.04.527, 18.04.612, 18.04 614, 18.04.616,
18.04.635, 18.04.6441, 18.04 745, 18.04 791, 18.04 796,
18.04.816, 18.04.829, AND 18.04.913, AND CREATING A
NEW CHAPTER, 18.23 TO THE AUBURN CITY CODE
RELATING; REPEALING SECTION 18.04140 OF THE
CITY CODE, AND REPEALING CHAPTERS 18.24, 18.26,
18.28, 18.30, 18.32, 18.33, AND 18.34 OF THE AUBURN
CITY CODE RELATING TO ZONING AND COMMERCIAL
AND INDUSTRIAL ZONES
WHEREAS, from time to time, amendments to the City of Auburn zoning
code are appropriate, in order to update and better reflect the current
development needs and standards of the City; and
WHEREAS, the proposed zoning code amendments will reorganize and
update regulations and standards related to commercial and industrial uses; and
WHEREAS, following proper notice, the City of Auburn Planning
Commission held a public hearing on October 2, 2012, on the proposed code
amendments regarding commercial and industrial zones, special purpose zones
and standards for specific land uses; and
WHEREAS, after fully considering the testimony and information
presented at the public hearing, on October 2, 2012, the Planning Commission
made its recommendations for code amendments to the City of Auburn City
Council; and
Ordinance No. 6433
October 30, 2012
Page 1 of 24ORD.C Page 164 of 597
WHEREAS, the City Council has reviewed and considered the Planning
Commission recommendations; and
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA)
with a final determination of non-significance (DNS) issued July 16, 2012; and
WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code
amendments were sent to the Washington State Department of Commerce,
Growth Management Services, and other state agencies as required for the 60-
day state review; and
WHEREAS, no comments regarding the proposed zoning code
amendments have been received from the Department of Commerce or other
state agencies; and
WHEREAS, the City Council finds that the proposed amendments improve
the readability and use of the City Code, updates technical aspects of the code,
improves the City's development review process, and promote sustain-ability
concepts where feasible.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That the code section
numbering of Section 18.04 643A of the Auburn City Code be and the same
amended to read as follows:
8.04.643A18.04.643.1 Neighborhood electric vehicle
Neighborhood electric vehicle" means a self-propelled, electrically powered
four-wheeled motor vehicle whose speed attainable in one mile is more than 20
Ordinance No. 6433
October 30, 2012
Page 2 of 24
ORD.C Page 165 of 597
miles per hour and not more than 25 miles per hour and conforms to federal
regulations under 49 CFR 571.500. (Ord. 6365 § 1, 2011 )
Section 2. Amendment to.City Code. That the code section
numbering of Section 18.04.911A of the Auburn City Code be and the same
amended to read as follows:
48 04MIA 18.04.911.1 Winery
Winery" means a facility licensed as a domestic winery under RCW
66.04 010 where fruit or other ingredients are processed (i.e., crushed,
fermented, blended, aged, and/or stored, bottled) and may include as incidental
and/or accessory to the principal use a tasting room, food and beverage service,
places of public/private assembly and/or retail sales area. (Ord. 6363 § 1, 2011 )
Section 3. New Section to City Code. That a new Section 18.04 192
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.192 Building and landscape materials sales.
Building and landscape material sales" means a retail or wholesale
establishment selling hardware, lumber and other large building materials, plant
materials, and other landscaping materials.
Section 4. New Section to City Code. That a new Section 18.04 194
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.194 Building contractor, heavy
Building contractor, heavy" means businesses relating to the heavy
construction trades including but not limited to; excavation work, highway and
street construction; heavy construction, masonry and concrete work and water
well drilling. These types of businesses generally have heavy equipment that
may be stored outside.
Section 5. New Section to City Code. That a new Section 18.04 195
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.195 Building contractor, light.
Building contractor, light" means businesses relating to the building trades
including but not limited to: plumbing, heating, air conditioning; painting,
Ordinance No. 6433
October 30, 2012
Page 3 of 24
ORD.C Page 166 of 597
paperhanging and decorating; electrical; carpentry and flooring; roofing and
sheet metal. These types of businesses generally do not have heavy equipment
or building materials stored outside.
Section 6. New Section to City Code. That a new Section
18.04.235.1 of the Auburn City Code be and the same hereby is created to read
as follows:
18.04.235.1 Caretaker apartment.
Caretaker apartment" means an accessory housing unit that is permitted in
association with a commercial or industrial use where no residential dwelling
exists, for the express purpose of providing a housing unit for on-site security or
operations personnel.
Section 7. New Section to City Code. That a new Section 18.04.246
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.246 Commercial Recreation facility, Indoor
Commercial Recreation facility, Indoor" means a private for profit or non-
profit establishment offering recreation or providing entertainment or games of
skill to the general public for a fee or charge and wholly enclosed in the building.
Typical uses include athletic and health club, pool or billiard hall, indoor
swimming pool, bowling alley, skating rink or climbing gyms.
Section 8. New Section to City Code. That a new Section 18.04.247
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.247 Commercial Recreation facility, Outdoor
Commercial Recreation facility, Outdoor" means a private for profit or non-
profit establishment offering recreation or providing entertainment or games of
skill to the general public for a fee or charge where any portion of the activity
takes place in the open, excluding public parks. Typical uses include: racetracks;
miniature golf; skateboard park; swimming and wading, therapeutic facilities; and
tennis, handball, basketball courts; batting cages, trampoline facilities.
Ordinance No. 6433
October 30, 2012
Page 4 of 24
ORD.C Page 167 of 597
Section 9. New Section to City Code. That a new Section 18.04.248
of the Auburn City Code be and the same hereby is created to read as follows:
18.04:248 Community retail establishment.
Community retail establishment" means stores, shops and businesses either
individually or in shared space setting serving a geographic area of the City that
engage in merchandise sales.
Section 10. New Section to City Code. That a new Section 18.04.282
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.282 Convenience Store.
Convenience store" means a small retail establishment that offers
convenience goods for sale, such as prepackaged food items, beverages,
tobacco, personal care items, and other household goods and often
characterized by 24-hours a day operations. These stores can be part of a
fueling station or an independent facility
Section 11. New Section to City Code. That a new Section 18.04.283
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.283 Crematorium.
Crematorium" means a facility for the burning of corpses, human or animal,
to ashes either as a principal use or as an accessory use. Crematoriums do not
include establishments where incinerators are used to dispose of toxic or
hazardous materials, infectious materials or narcotics.
Section 12. New Section to City Code. That a new Section 18.04.359
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.359 Entertainment, commercial.
Entertainment, commercial" means spectator entertainment for commercial
purposes. This use includes theaters, concert halls, nightclubs, or comedy clubs,
but does not include cabarets, licensed under Section 5.20 140 (A)(3) of the City
Code and adult entertainment, licensed under Chapter 5.30 of the City Code.
Ordinance No. 6433
October 30, 2012
Page 5 of 24
ORD.C Page 168 of 597
Section 13. New Section to City Code. That a new Section 18.04.395
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.395 Fueling station.
Fueling station" means a retail business selling gasoline or other motor
vehicle fuels primarily to passenger vehicles. Includes alternative fuels and
recharging facilities which are commercial facilities offering motor vehicle fuels
not customarily offered by commercial refueling stations (e.g., liquid propane
gas) as well as equipment to recharge electric powered vehicles. This
classification includes customary incidental activities when performed in
conjunction with the sale of fuel, such as vehicle maintenance and repair, vehicle
washing, and electric vehicle battery swap-out, but excludes body and fender
work or repair of heavy trucks or vehicles.
Section 14. New Section to City Code. That a new Section 18.04.527
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.527 LiveMork Unit.
Live/work unit" means an integrated housing unit and working space,
occupied and utilized by a single household in a structure, either single dwelling
or multi-unit dwelling, that has been designed or structurally modified to
accommodate joint residential occupancy and work activity, and which includes:
A. A complete dwelling unit; and
B. Working space reserved for and regularly used by one or more
occupants of the dwelling unit.
The difference between a live/work unit and work/live unit [defined Section
18.04.913 of the City Code] is that the "work" component of a livetwork unit is
secondary to its residential use, and may include only commercial activities and
pursuits that are compatible with the character of a quiet residential environment,
while the work component of a work/live unit is the primary use, to which the
residential component is secondary
Section 15. New Section to City Code. That a new Section 18.04.612
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.612 Manufacturing, assembling and packaging — heavy intensity.
Manufacturing, assembling and packaging — heavy intensity" means a facility
accommodating manufacturing processes that involve and/or produce basic
metals, building materials, chemicals, fabricated metals, paper products,
machinery, textiles, and/or transport ation equipment, where the intensity, scale,
and/or characteristics of operation and materials used have the potential to result
Ordinance No. 6433
October 30, 2012
Page 6 of 24
ORD.C Page 169 of 597
in externalities or effects on surrounding land uses or the community Examples
of heavy intensity manufacturing uses include, but are not limited to chemical
products manufacturing, paving and roofing materials manufacturing and glass
products manufacturing.
Section 16. New Section to City Code. That a new Section 18.04.614
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.614Manufacturing, assembling and packaging — light intensity
Manufacturing, assembling and packaging — light intensity" means a facility
accommodating manufacturing processes involving and/or producing: apparel;
food and beverage products; electronic, optical, and instrumentation products;
ice; jewelry; and musical instruments. Light manufacturing also includes other
establishments engaged in the assembly, fabrication, and conversion of already
processed raw materials into products, where the intensity, scale, and/or
characteristics of operation and materials used are unlikely to result in
externalities or effects on surrounding land uses or the community because they
can be controlled within the building. Examples of light intensity manufacturing
uses include, but are not limited to clothing and fabric product manufacturing and
food and beverage products.
Section 17. New Section to City Code. That a new Section 18.04.616
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.616 Manufacturing, assembling and packaging - medium intensity
Manufacturing, assembling and packaging — medium intensity" means a
facility accommodating manufacturing processes that involve and/or produce
building materials, fabricated metal products, machinery, and/or transportation
equipment, where the intensity, scale, and/or characteristics of operation and
materials used are greater than those classified under "Manufacturing,
assembling and packaging — Light intensity," but where externalities or effects on
surrounding land uses or the community can typically be reduced or avoided
when appropriately located and developed. Examples of medium intensity
manufacturing uses include lumber and wood product manufacturing and stone
and cut stone product manufacturing.
Ordinance No. 6433
October 30, 2012
Page 7 of 24
ORD.C Page 170 of 597
Section 18. New Section to City Code. That a new Section 18.04 635
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.635 Motor freight terminal.
Motor freight terminal" means a facility with more than one (1) dock per five
thousand (5,000) square feet of warehouse, storage, or related use and used for
either (1) the loading, unloading, dispensing, receiving, interchanging, gathering,
or otherwise physically handling freight for shipment or (2) any other location at
which freight is exchanged by motor carriers between vehicles. This includes but
is not limited cross-dock operations and does not include a package delivery
service. Excludes buildings with six (6) or fewer loading docks.
Section 19. New Section to City Code. That a new Section
18.04.644 1 of the Auburn City Code be and the same hereby is created to read
as follows:
18.04.644.1 Neighborhood retail establishment.
Neighborhood retail establishment' means stores and shops serving the
immediate surrounding neighborhood in which they are located, including but not
limited to a beauty shop, laundry and dry cleaning, sales of retail goods and such
others of a similar nature.
Section 20. New Section to City Code. That a new Section 18.04 745
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.745 Print and copy shop.
Print and copy shop means a facility for the custom reproduction of written or
graphic materials on a custom order basis for individuals or businesses. Typical
processes include, but are not limited to, photocopying, blueprint, facsimile
sending and receiving, and including offset printing.
Section 21. New Section to City Code. That a new Section 18.04 791
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.791 Regional retail establishment.
Regional retail establishment' means a large scale retail establishment
intended to serve customers within and outside the City A regional retailer may
accommodate a wide range of retail commodities (e.g., apparel and accessones,
Ordinance No. 6433
October 30, 2012
Page 8 of 24
ORD.C Page 171 of 597
consumer electronics, hardware, building materials, sporting goods and
automotive supplies)
Section 22. New Section to City Code. That a new Section 18.04 796
of the Auburn City Code be and the same hereby is created to read as follows:
18.O4.796Repair services — equipment, appliances.
Repair servioes — equipment, appliances" means repair of products, not to
include vehicles or heavy equipment. These uses include consumer repair
services for individuals and households for items such as household appliances,
musical instruments, cameras, household electronic equipment, and similar uses.
Section 23. New Section to City Code. That a new Section 18.04.816
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.816 Shop.
Shop" means a small retail establishment or a department in a large one
offering a specified line of goods or services.
Section 24. New Section to City Code. That a new Section 18.04.829
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.829 Store.
Store" means a business establishment where usually diversified goods are
kept for retail sale.
Section 25. New Section to City Code. That Section a new 18.04.913
of the Auburn City Code be and the same hereby is created to read as follows:
18.04.913 Work/live Unit.
Work/live unit" means an integrated housing unit and working space,
occupied and utilized by a single household in a structure, either single dwelling
or multi-unit dwelling, that has been designed or structurally modified to
accommodate joint residential occupancy and work activity, and which includes:
A. A complete dwelling unit; and
B. Working space reserved for and regularly used by one or more
occupants of the dwelling unit.
The difference between a work/live unit and live/work unit [defined Section
18.04.527 of the City Code] is that the "work" component of a workilive unit is
Ordinance No. 6433
October 30, 2012
Page 9 of 24
ORD.C Page 172 of 597
primary use, to which the residential use is secondary, while the work component
of a live/work unit is secondary to its residential use, and may include only
commercial activities and pursuits that are compatible with the character of a
quiet residential environment.
Section 26. New Chapter to City Code. That a new Chapter 18.23 is
added to the Auburn City Code to read as follows:
CHAPTER 18.23
COMMERCIAL AND INDUSTRIAL ZONES
Sections:
18.23.010 Purpose.
18.23.020 Intent of Commercial and Industrial Zones.
18.23.030 Uses.
18.23.040 Development standards.
18.23.050 Additional Development Standards for C-2 Central Business
Zone.
18.23.060 Additional Development Standards for the EP, Environmental
Park Zone.
18.23.010 Purpose.
This Chapter lists the land uses that may be allowed within the commercial
and industrial zones established by ACC 18.02.070 (Establishment of zones),
determines the type of land use approval required for each use, and provides
basic and additional development standards for sites, buildings, and associated
improvements.
1843.020 Intent of Commercial and Industrial Zones.
A. General. This section describes the intent for each of the city's commercial
and industrial zones. These intent statements are to be used to guide the
interpretation of the regulations associated with each zone. The Planning
Director is authorized to make interpretations of these regulations based on
his/her analysis of them together with clear and objective reasons for such
interpretation.
B. C-N, Neighborhood Shopping Center Zone. The C-N zone is intended to
provide areas appropriate for neighborhood shopping establishments which
provide limited retail business, service and office facilities for the convenience of
residents of the neighborhood. A neighborhood shopping center is designed and
located so as to minimize traffic congestion on public highways and streets in its
vicinity and to best fit the general land use pattern of the area to be served by the
center The protective standards contained in this chapter are intended to
minimize any adverse effect of the neighborhood shopping center on nearby
Ordinance No. 6433
October 30, 2012
Page 10 of 24
ORD.C Page 173 of 597
property values and to provide for safe and efficient use of the neighborhood
shopping center itself.
C. C-1, Light Commercial Zone. The C-1 zone is intended for lower intensity
commercial adjacent to residential neighborhoods. This zone generally serves
as a transition zone between higher and lower intensity land uses, providing retail
and "professional services. This zone represents the primary commercial
designation for small to moderate scale commercial activities compatible by
having similar performance standards and should be developed in a manner
which is consistent with and attracts pedestrian-oriented activities. This zone
encourages leisure shopping and provides amenities conducive to attracting
shoppers and pedestrians.
D C-2 Central Business District Zone. The intent of the C-2 zone is to set
apart the portion of the city proximate to the center for financial, commercial,
governmental, professional, and cultural activities. Uses in the C-2 zone have
common or similar performance standards in that they represent types of
enterprises involving the rendering of services, both professional or to the
person, or on-premises retail activities. This zone encourages and provides
amenities conducive to attracting pedestrians.
E. C-3, Heavy Commercial Zone. The intent of the C-3 zone is to allow for
medium to high intensity uses consisting of a wide range of retail, commercial,
entertainment, office, services, and professional uses. This zone is intended to
accommodate uses which are oriented to automobiles either as a mode or target
of the commercial service while fostering a pedestrian orientation. The uses
allowed can include outside activities, display, fabrication or service features
when not the predominant portion of the use. The uses enumerated in this
classification have potential for impacts to surrounding properties and street
systems than those uses permitted in the more restrictive commercial
classifications.
F C-4, Mixed Use Commercial Zone. The intent of the C-4 zone is to
provide for a pedestrian oriented mix of retail, office, and limited multiple family
residential uses. This classification is also intended to allow flexibility in design
and the combination of uses that is responsive to market demands. The uses
enumerated in this classification anticipate a mix of multiple family residential,
retail, and offi ce uses that are coordinated though a site-specific planning
process. The multiple family residential must be located in a multistory building;
the ground floor of which must contain a permitted use or combination of uses,
other than parking, as listed in this chapter Certain heavy commercial uses
permitted in other commercial classifications are not permitted in this zone
because of the potential for conflicts with multifamily residential uses, in order to
achieve a quality of environment that is conducive to this mix of uses.
G. M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate
a variety of industrial, commercial, and limited residential uses in an industrial
park environment, to preserve land primarily for light industrial and commercial
uses, to implement the economic goals of the comprehensive plan and to provide
a greater flexibility within the zoning regulations for those uses which are non-
Ordinance No. 6433
October 30, 2012
Page 11 of 24
ORD.C Page 174 of 597
nuisance in terms of air and water pollution, noise, vibration, glare or odor The
light industrial/commercial character of this zone is intended to address the way
in which industrial and commercial uses are carried out rather than the actual
types of products made.
The character of this zone will limit the type of primary activities which may be
conducted outside of enclosed buildings to outdoor displays and sales. Uses
which are not customarily conducted indoors or involve hazardous materials are
considered heavy industrial uses under this title and are not appropriate for the
M-1 zone. An essential aspect of this zone is the need to maintain a quality of
development that attracts rather than discourages further investment in light
industrial and commercial development. Consequently, site activities which could
distract from the visual quality of development of those areas, such as outdoor
storage, should be strictly regulated within this zone.
H. EP, Environmental Park Zone. The environmental park district is intended
to allow uses in proximity to the Auburn Environmental Park that benefit from that
location and will complement the park and its environmental focus. Uses allowed
in this zone will focus upon medical, biotech and "green" technologies including
energy conservation, engineering, water quality and similar uses. Other uses
complementary to and supporting these uses are also allowed. Incorporation of
sustainable design and green building practices will be a primary aspect of this
zone. The construction of leadership in energy and environmental design (LEED)
and built green certified buildings is encouraged and built green will be required
for multiple-family dwellings. The city recognizes that much of the property in this
zone was developed under earlier standards, so the goals of the district will be
realized over a period of time as properties are redeveloped.
I. M-2, Heavy Industrial Zone. The M-2 zone is intended to accommodate a
broad range of manufacturing and industrial uses. Permitted activity may vary
from medium to higher intensity uses that involve the manufacture, fabrication,
assembly, or processing of raw and/or finished materials. Heavy industrial uses
should not be located near residential development.
While other uses may be sited within this zone, permits for such uses should
not be issued if such uses will discourage use of adjacent sites for heavy
industry, interrupt the continuity of industrial sites, or produce traffic in conflict
with the industrial uses.
18.23.030 Uses
A. General permit requirements. Table 18.23.030 identifies the uses of land
allowed in each commercial and industrial zones and the land use approval
process required to establish each use.
B. Requirements for certain specific land uses. Where the last column in
Table 18.23.030 ("Standards for Specific Land Uses") includes a reference to a
code section number, the referenced section determines other requirements and
standards applicable to the use regardless of whether it is permitted outright or
requires an administrative or conditional use permit.
Ordinance No. 6433
October 30, 2012
Page 12 of 24
ORD.C Page 175 of 597
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Permitted,Administrative,Conditional and Prohibited Uses by Zone P-Permitted C-Conditional
A—Administrative X-Prohibited
LAND USE
2aning.Designation____-___ __Standards for
C N`. C-I C=2 ' C4 C,-4- M-7 EP ;M-2 Specific Land Uses
TRANSPORTATION,COMMUNICATIONS AND INFRASTRUCTURE
Ambulance,taxi, and specialized X X X A X P X P
transportation facility
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal' X X_ X X X- __X X X See Footnote No. 1
Parking facility, public or X P P P P P P X
commercial, surface
Parking fadlity, public or X P P P P P P X
commercial, structured
Towing storage yard X X X X X A X P ACC 18.57.045 A
Utility transmission or distribution A A A A A A A A
line or substation
Wireless communication facility ACC 18.04.912, ACC 18.31 100
WCF)
VEHICLE SALES AND SERVICES
Automobile washes(automatic, X A X P P P X P ACC 18.57.050 A
full or self-service)
Auto parts sales with installation X A A P P P X P
services
Autotvehicle sales and rental X A X P X P X P ACC 18.57.050 B
Fueling station X A A P P P X P ACC 18.57.050 C
Mobile home, boat,or RV sales X X X P X P X P
Vehicle services-repairlbody X X A P X P X P ACC 18.57.050 D
Work_
OTHER
Any commercial use abutting a A A A A A A A A
residential zone which has hours
of operations outside of the
following: Sunday: 9:00am to
10:00pm or Monday—Saturday:
7:00am to 10:00pm
Other uses may be permitted by P P P P P P P P
the planning director or designee
if the use is determined to be
consistent with the intent of the
zone and is of the same general
character of the uses permitted.
See ACC 18.02.12.0 C.6
Unciassified uses
Any motor freight terminal,as defined by ACC 18.04.635, in existence as of the effective date of the ordinance coded
In this section; is an outright permitted use in the M-1 and M-2 zone. Any maintenance, alterations and additions to an
existing motor freight terminal which is consistent with ACC 18.23.040—Development standards,is allowed.
Ordinance No. 6433
October 30, 2012
Page 16 of.24
ORD.C Page 179 of 597
18.23.040 Development Standards
A. Hereafter, no use shall be conducted, and no building, structure and
appurtenance shall be erected, relocated, remodeled, reconstructed, altered or
enlarged unless in compliance with the requirements in Tables 18.23.040A (C-N,
C-1, C-2, C-3, and C-4 Zone Development Standards ) and 18.23.04013 (M-1, EP
and M-2 Zone Development Standards ) and in compliance with the provisions of
this title, and then only after securing all permits and approvals required hereby
These standards may be modified through either an administrative variance or
variance, subject to the procedures of Chapter 18.70 ACC.
Table 18.23.040A C-N C-1, C-2 C-3, and C-4 Zone Development Standards
Development Requirement by Zone
Standard C-N C-1 C-2 C-3 C-4
Neighborhood Light Central Heavy Mixed Use
Shopping Commercial Business Commercial Commercial
Center
Minimum lot 2 Acres None None None None(1)
Area
Minimum lot None None None None None
width,depth
Maximum lot 55 percent None None None None
coverage
Minimum Minimum setbacks req'ufhb forsiruCtwes. See elsoACC'18.3.1.070 forgoaric
S_etbacks exceptions to these setback-standards:
Front 50 ft 20 it None 20 ft 20 it
Side-Interior None(2) None(2) None None(2) None(2)
Side-street 50 It 15 ft None 15 ft 15 ft
Rear None(2) None(2) None None(2) None(2)
Height limit Maximumallo webleheighiofstniduies..SeealsoACC'18.31.030(Heightbmitations-
E_xcepti(J_ns)for_sjg!c fieightlimit exceptions.
Maximum
30 ft 45 ft(3) 18 23 050 75 ft 75 ftheight
Additional
ACCDevelopmentNoneNone1823050 None None
Standards
Fences and See Chapter 18.31 ACC
Hedges
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Non-See Chapter 18.54 ACC
Conforming
structures,
land and uses.
Ordinance No. 6433
October 30, 2012
Page 17 of 24
ORD.C Page 180 of 597
Notes:
1) Residential uses: no minimum lot size, provided that residential density does not exceed 20 units
per gross acre(This includes privately-owned open space tracts but excludes dedicated public roads).
2) A 25-foot setback is required when adjacent to a residential zone.
3) Buildings within the Auburn North Business Area, as established by Resolution No. 2283, may
exceed 45 feet in one additional foot of setback is provided from each property line (or required minimum
setback)for each foot the building exceeds 45 feet in height.
Table 18.23.0408 M-1, EP and M-2 Zone Development Standards
Development Requirement by Zone
Standard M-1 EP M-2
Light Industrial Environmental Heavy Industrial
Park
Minimum lot None None None
Area
Minimum lot None None None
width,depth
Maximum lot None 35 percent None
coverage
Minimum Minimum'setbacks'requiied for structures. See also,ACC.
Setbacks 18.31.07dforspeoiti b.exceptions;tothesestendards., _
Front 20 ft 20 It 30 it
Side-Interior None(1)15 ft None(1)
Side-Comer 20 ft 20 ft 30 ft
Rear None(1) 20-ft(1)None(1)
Height limit Maximum alloweble,height of structures. See also ACC
1.8_:31.030(Height Limitations-Exceptions)for specific height
Maximum
45 ft(2) 35 ft 45 ft(2)
height
Additional ACCDevelopmentNone1823060
None
Standards
Fences and See Chapter 18.31 ACC
Hedges
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Non-See Chapter 18.54 ACC
Conforming
strictures,
land and uses.
Notes:
1) A 25 foot setback is required when adjacent to a residential zone.
2) Buildings may exceed 45 feet if one foot of setback is provided from each property line(or required
minimum setback)for each foot the building exceeds 45 feet.
Ordinance No. 6433
October 30, 2012
Page 18 of 24ORD.C Page 181 of 597
18.23.050 Additional Development Standards for C-2, Central Business
Zone
A. Maximum building height:
1 The maximum height of that portion of a building that abuts a street(s)
shall be no higher than the right-of-way width of the abutting street(s). Building
height may increase; provided, that the building is stepped back one foot (from
the abutting street right(s)-of-way) for each foot of increased building height.
2. If the building abuts more than one street and the abutting streets have
different right-of-way widths then the height of the building allowed at any street
frontage shall be the average of the abutting street right-of-way widths.
3. The following rooftop features may extend up to 15 feet above the
maximum height limit: stair towers, elevator penthouses, and screened
mechanical equipment.
B. Minimum setbacks: none required, see 18.23.050. D below for specific
building orientation requirements.
C Fences shall be decorative and relate architecturally to the associated
building. Acceptable materials are brick, wood, stone, metal, or textured
concrete. Typical galvanized wire mesh (chain link), barbed wire or razor wire are
not permitted. For further information see Chapter 18.31 ACC.
The provisions of this section shall not apply to temporary fences required
during construction projects permitted by the city
D Building Orientation Requirements. The following requirements apply to
the construction of all new buildings or structures:
1 Existing buildings or structures, including facades, that do not have
setbacks or otherwise cannot comply are exempt from these requirements
regardless of the amount of improvements made to the building, structure or
facade as long as any alteration does not make the existing_ facade more
nonconforming.
2. Existing buildings, structures, or facades that are set back and within
20 feet of a street shall comply to the fullest extent possible as determined by the
planning director, with the following requirements when any cumulative structural
improvements are made that exceed 50 percent of the assessed value of the
existing building, structure, or facade.
3. Any addition to an existing building, regardless of value, that will be
within 20 feet of a street shall also comply to the fullest extent possible as
determined by the planning director, with the following requirements.
a. For each lineal foot of frontage a building has on a street, there
shall be provided an area(s) for pedestrian amenities at the rate of one square
foot of ground area for each lineal foot of building frontage. Pedestrian amenities
shall consist of such features as landscaping, benches, entry ways with accents
such as brick pavers, art work, or a combination of these or similar features. The
pedestrian amenities shall be located on the property between the street right-of-
way and the building. The planning director shall approve the amount and type of
the pedestrian amenities.
Ordinance No. 6433
October 30, 2012
Page 19 of 24ORD.C Page 182 of 597
b. For buildings that have a street frontage that exceeds 50 feet then
at least 25 percent of the building's frontage shall be immediately adjacent to the
street right-of-way
c. For buildings that have a street frontage that is less than 25 feet
then no pedestrian amenities will be required and the building may be located at
the property line. There shall, however, be provided a landing in front of each
door that opens to a street that is large enough such that no part of any door will
encroach into the street right-of-way when the door is being opened or closed.
d. For buildings that provide additional setbacks, except as restricted
by subsection (F)(3)(b) of this section, the area between the street right-of-way
and the building shall only contain pedestrian amenities.
e. If a building has more than two street frontages then at least two of
the frontages shall comply with subsections (F)(3)(b) and (F)(3)(g) of this section
and contain pedestrian amenities between the building and the street right-of-
way Any remaining frontages shall either have pedestrian amenities, windows,
murals, flat surfaced art work or other similar architectural features that would
avoid large blank walls.
f For new buildings that will infill between two other existing buildings
the new building shall be set back no further than either of the adjacent buildings
unless additional setback is required to comply with subsection (F)(3)(a) of this
section. The proposed setback shall be reviewed by the planning director to
ensure the setback will maintain building continuity along the street.
g. Buildings shall have windows that encompass at least 60 percent of
the first floor facade and at least 40 percent of the facade of each additional floor
At least 50 percent of the area of the first floor windows of nonresidential
buildings shall provide visibility to the inside of the building. This subsection shall
only apply to the facades, of new buildings, with street frontage and shall not
lessen the requirements of the Uniform Building or Fire Codes.
h. The building's principal pedestrian entrance shall be oriented to the
street. If the building is at a corner, either street or alley, then the principal
pedestrian entrance shall be at the corner unless a better architectural design is
attained at another location and approved by the planning director
i. Buildings that are at the intersection of either two streets or a street
and an alley shall provide for a sight distance triangular setback as required by
Chapter 18.31 ACC. These triangular areas may contain pedestrian amenities
that satisfy the requirements of subsection (F)(3)(a) of this section.
j. A site plan shall be prepared by the proponent which addresses
compliance with the requirements as outlined in subsections (F)(3)(a) through
F)(3)(i) of this section. The site plan shall be approved by the planning director
prior to the submittal of any building permit.
k. For the sole purposes of subsection F of this section the term
street" shall include the right-of-way of private and public streets. The term shall
also include pedestrian walkways, encumbered by an easement or similar
means, that are used by the general public to travel from one property to another
Ordinance No. 6433
October 30, 2012
Page 20 of 24
ORD.C Page 183 of 597
E. Mechanical equipment on rooftops shall be sited and designed to
minimize noise and effectively screen the equipment from view from adjacent
properties and rights-of-way The following methods, or a combination thereof,
may be used:
1 Setback from the roof edge to obscure visibility from below;
2. Integration into the building architecture, using building walls, roof wells
or roof parapets to conceal the equipment;
3. Equipment enclosure or sight-obscuring fencing or landscaping;
4 Overhead trellis or roof to obscure visibility from above.
Materials used to screen mechanical equipment shall be the same as or
compatible with the design of the principal structure.
F Stair towers and elevator penthouses shall be designed to be
architecturally integrated into the principal structure. This may include using the
same building materials, repeating common building forms, colors or elements,
or incorporating the roof and wall of the stair tower or elevator penthouse into the
Lipper wall of the structure.
18.23.060 Additional Development Standards for the EP, Environmental
Park Zone
A. Fences and Hedges. Fences shall be decorative and relate architecturally
to the associated building. Acceptable materials are brick, wood, stone, metal, or
textured concrete. Colored chain link fences may be allowed subject to the
planning director's approval. Barbed wire or razor wire fences are not permitted.
For further information on fencing see Chapter 18.31 020 ACC The provisions of
this section shall not apply to temporary fences during construction projects
permitted by the city;
B. Loading and unloading docks shall not be visible from the street.
C Mechanical equipment on rooftops shall be sited and designed to
minimize noise and effectively screen the equipment from view from adjacent
properties and rights-of-way The following methods, or a combination thereof,
may be used:
1 Set back from the roof edge to obscure visibility from below;
2. Integration into the building architecture, using building walls, roof wells
or roof parapets to conceal the equipment;
3. Equipment enclosure orsight-obscuring fencing or landscaping;
4 Overhead trellis or roof to obscure visibility from above.
Materials used to screen mechanical equipment shall be the same as or
compatible with the design of the principal structure.
Ordinance No. 6433
October 30, 2012
Page 21 of 24
ORD.C Page 184 of 597
Section 27. Repealed Section of City Code. That Section 18.04 140 of
the Auburn City Code be and the same hereby is repealed.
Section 28. Repealed Chapter of.City Code. That Chapter 18.24, C-N
Neighborhood Shopping District, of the Auburn City Code be and the same
hereby is repealed.
Section 29. Repealed Chapter of City Code. That Chapter 18.26, C-1
Light Commercial District, of the Auburn City Code be and the same hereby is
repealed.
Section.30. Repealed Chapter_of_Citv.Code. That Chapter 18.28, C-2
Central Business District, of the Auburn City Code be and the same hereby is
repealed.
Section 31. Repealed Chapter of City Code. That Chapter 18.30, C-3
Heavy Commercial District, of the Auburn City Code be and the same hereby is
repealed.
Section 32. Repealed Chapter of City Code. That Chapter 18.62, M-1
Light Industrial District, of the Auburn City Code be and the same hereby is
repealed.
Section 33. Repealed Chapter of City Code. That Chapter 18.33, EP
Environmental Park District, of the Auburn City Code be and the same hereby is
repealed.
Section 34. Repeal of Chapter of City Code. That Chapter 18.34, M-2
Heavy Industrial District, of the Auburn City Code be and the same hereby is
repealed.
Ordinance No. 6433
October 30, 2012
Page 22 of 24
ORD.C Page 185 of 597
Section 35. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 36. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 37. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law
INTRODUCED-
PASSED-
APPROVED-
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
Ordinance No. 6433^
October 30, 2012
Page 23 of 24
ORD.C Page 186 of 597
APP SAPP M:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6433
October 30, 2012
Page 24 of 24
ORD.C Page 187 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject: Proposed amendments to Title 18 - Zoning, of the
Auburn City Code related to non-residential zones (Code Update Project
– Phase 2 - Group 2).
Date: September 21, 2012
Department: Planning and
Development
Attachments: See Exhibit list below. Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on the proposed
amendments and make a recommendation to City Council.
Background Summary:
The Code Update Project began in September 2008 and is progressing in two phases. Phase 1,
completed in June of 2009, updated the City’s residential-related zoning districts (Title 18 ACC) and
subdivision code (Title 17 ACC). Phase 2 updates the City’s non-residential related zoning districts (Title
18 ACC). Because Phase 2 involved a number of zoning code amendments it was divided into two
groups. Group 1 was completed in December of 2011 and amended the following chapters in Title 18
ACC: Landscaping and Screening, Off-street Parking and Loading, and Variances, Special Exceptions
and Administrative Appeals. Group 1 also added a new chapter related to Outdoor Lighting.
The Code Update Project is intended to meet four key objectives:
* Improve development code readability and ease of use;
* Update technical content to address known issue areas and better support the City’s development
review and quasi-judicial decision process;
* Ensure development code and design standards are coordinated and consistent with Auburn’s
Comprehensive Plan and other state land use and environmental requirements;
* Promote sustainability concepts where feasible.
The proposed amendments (Phase 2, Group 2) will affect the current zoning code as follows:
Add new definitions, consolidate chapters that currently regulate the City’s non-residential zones (land
uses and development standards) and create a new chapter containing standards for specific land uses.
The October 2, 2012 Planning Commission meeting will involve a public hearing on the proposed code
amendments. The Planning Commission is advisory to the City Council and will make a recommendation
to the City Council on the proposed code amendment.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Wagner
Meeting Date: October 2, 2012 Item Number:
ORD.C Page 188 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 2 of 6
A. RESPONSIBLE DEPARTMENT:
City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director
B. RESPONSIBLE STAFF:
Stuart Wagner, AICP Planner, City of Auburn Planning and Development Department
C. AREA OF IMPACT:
Citywide
D. PLANNING COMMISSION PUBLIC HEARING DATE:
October 2, 2012
E. CITY COUNCIL ORDINANCE CONSIDERATION DATE:
Currently scheduled for November 19, 2012
F. FINDINGS OF FACT:
1. Title 18 of the Auburn City Code (ACC), includes Chapter 18.68, Amendments, which
addresses amendments to Title 18, Zoning.
2. The proposed code amendment adds new definitions, consolidates chapters that currently
regulate the City’s non-residential zones (land uses and development standards) and creates
a new chapter containing standards for specific land uses.
3. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as
discussed under the conclusions’ section of this report.
4. A Determination of Non-Significance was issued for the City initiated Code Amendments on
July 16, 2012 under city file SEP12-0022. The Determination of Non-Significance was
published in the July 16, 2012 edition of the Seattle Times. No comments were received from
the commenting agencies or appeals filed.
5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required for the 60-day state review. An
acknowledgement letter was received on July 23, 2012. No comments were received from
Commerce or other state agencies as of the writing of this report.
6. Initial concepts were reviewed by the Planning and Community Development Committee on
March 8, 2012 and March 20, 2012 and the Committee provided initial policy feedback to
staff.
7. The Planning Commission conducted a duly noticed work study session at the regular
meetings on August 21, 2012, September 5, 2012 and October 2, 2012 to review and
discuss with staff potential amendment issues and ideas inclusive of the potential
amendments to Title 18 (Zoning).
ORD.C Page 189 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 3 of 6
8. The public hearing notice was published on September 21, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for October 2, 2012.
9. The following conclusions support the proposed amendments to Title 18, Zoning, scheduled
for the Planning Commission’s October 2, 2012 public hearing with a staff recommendation.
G. Conclusions
1. Pursuant to Auburn City Code (ACC) Section 18.68.030 and 18.68.040, the following public
process is applicable:
18.68.030 Public hearing process
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the city
council who may or may not conduct a public hearing.
18.68.040 Public hearing notice requirements
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, at least 10 days prior to the public hearing and by posting the
notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, prior to the public hearing and by posting the notice in three
general public locations.
Comment:
The public hearing before the Planning Commission is scheduled for October 2, 2012
meeting the requirement under ACC 18.68.030. The public hearing notice was published in
the Seattle Times, the City’s official newspaper, on September 21, 2012 at least 10 days
prior to the public hearing. The public hearing notice was also posted at City Hall (25 West
Main Street), the Customer Service Center (One East Main Street), and the City’s Senior
Activity Center meeting the requirement for posting the notice in three general public
locations.
2. The proposed amendments to Title 18 (Zoning) are intended to reorganize and update
regulations and standards to create a more logical flow in the regulation of land uses and to
appropriately reflect changes in state law. In addition, these amendments are intended to
reduce redundancy and vagueness, add or modify definitions and make the regulations
easier to use and understand.
3. The proposed amendments to Title 18 (Zoning) do not require any changes to the City’s
current critical area regulations contained in ACC 16.10 (Critical Areas). Any future
development subject to the proposed amendments to Title 18 will still be required to
demonstrate compliance to applicable standards and regulation specified in ACC 16.10.
4. The proposed amendments to Title 18 (Zoning) will support current and future land and
shoreline uses that are consistent with the City’s current Comprehensive Plan and current
Shoreline Master Program. Staff has not proposed substantive or non-substantive
ORD.C Page 190 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 4 of 6
amendments to Title 18 that would be deemed inconsistent with the City’s adopted plans and
policies.
5. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for
text amendments to the zoning title. At a minimum, proposed text amendments are to be
consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040. The proposed
code amendment is supported by the following Comprehensive Plan Objectives and Policies:
CITY OF AUBURN COMPREHENSIVE PLAN
GOAL 9. COMMERCIAL DEVELOPMENT
To maintain and establish a variety of commercial environments which provide the full range
of commercial services to the community and region in a manner which reduces conflicts
between different types of commercial services and other uses.
Discussion: Commercial uses range from a small corner store providing service primarily
to the neighborhood around it to a large shopping mall which serves the entire region.
Auburn contains both of these types of commercial uses and recognizes their importance
in providing service to both Auburn and regional residents. The City will provide
opportunities for the full range of commercial uses while insuring that their impacts on
each other and on other uses are minimized.
Comment:
The proposal will add new land use tables, ones divided by major land use categories i.e.
Industrial and Manufacturing vs. Residential vs. Retail vs. Service, e.g. Within these new
land use tables are new uses including commercial recreational facilities, live/work or
work/live unit, building and landscaping sales, outdoor displays and sales associated with a
permitted use, fueling station, and others, thereby providing a full range of commercial uses
in the city’s non-residential zones.
GOAL 2. FLEXIBILITY
To provide predictability in the regulation of land use and development, especially where
residential uses are affected, but to also provide flexibility for development through
performance standards that allow development to occur while still protecting and enhancing
natural resources and critical lands in overall compliance with this comprehensive
plan.
Objective 2.1. To provide assurance that residential areas will be protected from
intrusions by incompatible land uses.
Policies:
GP-11 Ordinance provisions designed to protect residential areas shall give priority to
providing predictability and stability to the neighborhood
GP-12 Adequate buffering shall be required whenever new commercial or industrial uses
abut areas designated for residential uses
GOAL 11. INDUSTRIAL DEVELOPMENT
To provide for, establish and maintain a balance of industrial uses that respond to local and
regional needs and enhance the City's image through optimal siting and location, while
ORD.C Page 191 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 5 of 6
taking into consideration tax policy impacts of streamlined sales tax and/or other similar
legislation.
Objective 11.2. To establish performance standards appropriate for developing industrial
areas.
Policies:
LU-99 Compatibility among land uses should be enhanced through landscaping, building
orientation and setbacks, traffic control and other measures to reduce potential conflicts.
LU-100 All industrial development should incorporate aesthetically pleasing building and
site design. The City shall amend its codes and performance standards which govern
industrial development to implement this policy.
a. Procedures shall be established to ensure aesthetically pleasing building and site
design in areas designated for light industrial areas.
b. Appropriate landscaping and site development standards shall regulate site
development in heavy industrial areas.
c. Unsightly views, such as heavy machinery, service entrances, storage areas,
rooftop equipment, loading docks, and parking areas should be screened from view
of adjacent retail, commercial, light industrial and residential areas and
from public streets.
LU-107 Land made available for industrial development, and uses allowed in industrial
zones, shall take into consideration impacts of tax policy and tax structure upon the City
of Auburn.
Comment:
The land uses tables described above are structured in a way that will establish and maintain
a balance of industrial uses, ranging from warehousing and distribution to storage to
manufacturing. Residential uses will be protected through greater setbacks (when abutting
non-residential uses) and through additional development standards (on siting, aesthetic, or
operational). New specific standards have been created for outdoor displays and sales,
towing storage yards, automobile washes, and other uses to mitigate their potential adverse
impacts. The proposed amendments to the zoning code will be consistent with the
comprehensive plan in that they would conform to the land use goals and policies listed
above.
Objective 11.7. To promote and incentivize increased retail uses in industrial zoning
districts.
Policies:
LU-116 Changes in comprehensive plan and zoning policies and standards should be
implemented to create regulatory controls and incentives for the increased use of land
and buildings to for sales tax producing commercial retail uses.
Comment:
Additional sales tax generating land uses are proposed to be permitted outright in the city’s
industrial zones (M1, light industrial and M2, heavy industrial). These additional land uses
include building and landscaping material sales, nurseries, convenience and grocery stores,
retail establishments of varying size, and wholesaling with on-site retail as an incidential use.
ORD.C Page 192 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 6 of 6
The latter use would allow for bakeries and coffee roaster to sell goods they make on site.
The proposed amendments to the zoning code would help meet comprehensive plan
objective 11.7 above.
GOAL 17. ECONOMIC DEVELOPMENT
To ensure the long-term economic health of the City and the region through a diversified
economic base that supports a wide range of employment opportunities for Auburn's
residents and those of the region and through the promotion of quality industrial and
commercial development which matches the aspirations of the community.
Objective 9.3. Develop effective land use polices and economic development strategies
that provide long-term and stable employment, increase per capita income
and reduce the tax burden of Auburn residents.
Policies:
ED-16 Warehouse and distribution land uses are not a preferred longterm economic
development and land use priority for industrial zoned areas in the City due to the loss of
sales tax revenue associated with the State’s implementation of streamlined sales tax
legislation in 2008, no substantive contribution to an increase in per capita income for
Auburn residents, no reduction in the tax burden of Auburn residents, low employment
densities, lower property values and land use inefficiencies.
Comment:
Because the City of Auburn Comprehensive Plan contains policies stating that warehouse
and distribution land uses are not a preferred long term economic development and land use
priority for industrial zoned areas in the City due to a loss of sales tax revenue associated
with the State’s implementation of streamline sales tax legislation, the new land use tables
have motor freight terminals (new) listed as a prohibited use and a number of sales tax
producing commercial retail uses have been added. These amendments are consistent with
the goals and policies of the comprehensive plan.
Staff Recommendation
The Planning Commission recommends approval to the City Council of the proposed zoning code
text amendment as presented by staff based on the findings of fact and conclusions.
Exhibits
Exhibit 1: Staff Report
Exhibit 2: Auburn City Code Chapter 18.04 – Definitions (revised)
Exhibit 3: Auburn City Code Chapter 18.23 – Commercial and Industrial Zones (new)
Exhibit 4: Auburn City Code Chapter 18.35 – Special Purpose Zones (new)
Exhibit 5: Auburn City Code Chapter 18.57 – Standards for Specific Land Uses (new)
Exhibit 6: Determination of Non-Significance and Affidavit of Publication
Exhibit 7: Environmental Checklist
Exhibit 8: Public Hearing Notice and Affidavit of Publication
Exhibit 9: Letter to Department of Commerce for 60-day State Review
Exhibit 10: Acknowledgment letter from Department of Commerce
ORD.C Page 193 of 597
CITY OF
AUBURNPeter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwo.gov * 253-931-3000
Determination of Non-Significance
Amendments to Title 18 -Zoning,of the Auburn City Code
Code Update Project-Phase 2-Grouping 2
City of Auburn File No: SEP12-0022
Related File No: ZOAl2-0007
Description of Proposal: Group 2 of Phase 2 Code Amendments to Title 18 - Zoning, of the
Auburn City Code (see detailed description of proposal on attached
page).
Proponent: City of Auburn Planning and Development Department
25 West Main Street, Auburn WA 98001
Stuart Wagner, Planner
253)931-3090
swagner@auburnwa.gov
Location: City-wide
Lead Agency City of Auburn
The lead agency for this proposal has determined that it does not have probable significant adverse
impact on the environment. An environmental impact statement (EIS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and
other information on file with the lead agency This information is available to the public on request.
This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days
from the date issued below. Comments must be submitted by 5:00 p.m. on July 30, 2012. Any
person aggrieved of the City's Determination may file an appeal with the Auburn City Clerk within 14
days of the close of the comment period,or by 5:00pm on August 13, 2012.
Responsible Official: Kevin H. Synder,AICP
PositionfTitle: Director, Planning and Development Department
Address: 25 West Main Street
Auburn,Washington 98001
Telephone:253)931-3090
Date Issued: July 16..2012 Signature: y r
Note: This determination does not constitute approval of the proposal. Approval of the
proposal can only be made by the legislative or administrative body vested with that
authority. The proposal will be required to meet all applicable regulations.
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 194 of 597
Description of Proposal—Code Update Project•Phase 2—Grouping 2
The proposal is the second of two phases of an update to the City of Auburn Zoning Code. Phase 1
updated the City's residential-related zoning districts (Title 18 ACC) and subdivision code (Title 17
ACC). Phase 2 updates the City's non-residential related zoning districts (Title 18 ACC) and
chapters that regulate non-residential and multi-family developments such as off-street parking and
loading and landscaping and screening.
The goals of the Code Update project include:
Improve development code readability and ease of use;
Update technical content to address known issue areas and better support the City's
development review and quasi-judicial decision process;and
Ensure development code and design standards are coordinated and consistent with
Auburn's Comprehensive Plan and other state land use and environmental requirements;
and
Promote sustainability concepts where feasible.I
The proposal under this Determination of Non-Significance (Code Update Project — Phase 2 -
Grouping 2) will add new definitions, consolidates chapters that currently regulate the City's non-
residential zones (uses and development atardards), creates a new Chapter containing standards
for specific land uses and moves the Hearing Examiner chapter out of Title 18-Zoning and into Title
2—Administration and Personnel.
I
Ii
ORD.C Page 195 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6434
Date:
October 30, 2012
Department:
Planning and Development
Attachments:
Ord 6434
Staff Report to Planning Commission
(w/out exhibits)
Ord 6434 DNS
Budget Impact:
$0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6434
Background Summary:
The Code Update Project began in September 2008 and is progressing in two phases.
Phase 1, completed in June of 2009, updated the City's residential-related zoning
districts (Title 18 ACC) and subdivision code (Title 17 ACC). Phase 2 updates the City's
non-residential related zoning districts (Title 18 ACC). Because Phase 2 involved a
number of zoning code amendments it was divided into two groups. Group 1 was
completed in December of 2011 and amended the following chapters in Title 18 ACC:
Landscaping and Screening, Off-street Parking and Loading, and Variances, Special
Exceptions and Administrative Appeals. Group 1 also added a new chapter related to
Outdoor Lighting.
The Code Update Project is intended to meet four key objectives:
* Improve development code readability and ease of use;
* Update technical content to address known issue areas and
better support the City's development review and quasi-judicial
decision process;
* Ensure development code and design standards are
coordinated and consistent with Auburn's Comprehensive Plan
and other state land use and environmental requirements;
* Promote sustainability concepts where feasible.
Ordinance 6434 will add a new Chapter 18.35 (Special Purpose Zones) to the Auburn
City Code and repeal Chapters 18.22, 18.40 and 18.44 of the Auburn City Code. The
purpose of this ordinance is to reorganize and update regulations and standards related
to special purpose zones - Residential Office, Residential Office/Hospital Zone, Public
AUBURN * MORE THAN YOU IMAGINEDORD.D Page 196 of 597
Use Zone and Institutional Zone.
On October 2, 2012 the Planning Commission held a public hearing on the proposed
code amendments. At the close of the public hearing the Planning Commission made a
recommendation to the City Council for adoption of the proposed code amendments.
Since the public hearing, the code amendments have been reviewed by the Planning
and Community Development Committee and the Public Works Committee. October 22,
2012 the Planning and Community Development Committee were satisfied with the
amendments proposed and recommend approval to the City Council.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Planning, Legal
Councilmember:Backus Staff:Snyder
Meeting Date:November 5, 2012 Item Number:ORD.D
AUBURN * MORE THAN YOU IMAGINEDORD.D Page 197 of 597
ORDINANCE NO. 6 4 3 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER, 18.35 TO THE AUBURN CITY CODE "SPECIAL
PURPOSE ZONES"; AND REPEALING CHAPTERS 18.22,
18 40 AND 18.44 OF THE AUBURN CITY CODE, ALL
RELATING TO ZONING
WHEREAS, from time to time, amendments to the City of Auburn zoning code
are appropriate, in order to update and better reflect the current development needs and
standards of the City; and
WHEREAS, the proposed zoning code amendments will reorganize and update
regulations and standards related to transitional uses (residential to commercial) and
Public and institutional uses; and
WHEREAS, following proper notice, the City of Auburn Planning Commission
held a public hearing on October 2, 2012, on the proposed code amendments regarding
commercial and industrial zones, special purpose zones and standards for specific land
uses; and
WHEREAS, after fully considering the testimony and information presented at the
public hearing, on October 2, 2012, the Planning Commission made its
recommendations for code amendments to the City of Auburn City Council; and
WHEREAS, the City Council has reviewed and considered the Planning
Commission recommendations; and
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA) with a
final determination of non-significance (DNS) issued July 16, 2012; and
Ordinance No. 6434
October 30, 2012
Page 1 of 8
ORD.D Page 198 of 597
WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code
amendments were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required for the 60-day state
review; and
WHEREAS, no comments regarding the proposed zoning code amendments
have been received from the Department of Commerce or other state agencies; and
WHEREAS, the City Council finds that the proposed amendments improve the
readability and use of the City Code, updates technical aspects of the code, improves
the City's development review process, and promote sustainability concepts where
feasible.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code.That a new Chapter 18.35
Special Purpose Zones" is added of the Auburn City Code to read as follows:
Chapter 18.35
SPECIAL PURPOSE ZONES
Sections:
18.35.010 Purpose
18.35.020 Intent of Special Purpose Zones
18.35.030 Uses
18.35.040 Development standards
18.35.050 Additional Development Standards for RO and RO-H Zones
18.35.010 Purpose.
This Chapter lists the land uses that may be allowed within the residential office,
residential office-hospital, institutional, and public use zones established by ACC
18.02.070 (Establishment of zones), determines the type of land use approval required
for each use, and provides basic standards for site layout and building size.
Ordinance No. 6434
October 30, 2012
Page 2 of 8
ORD.D Page 199 of 597
18.35.020 Intent of Special Purpose Zones.
A. General. This section describes the intent for each of the city's special purpose
zones. These intent statements may be used to guide the interpretation of the
regulations associated with each zone.
B. RO and RO-H Residential Office and Residential Office- Hospital Zone. The RO
and RO-H is intended primarily to accommodate small-scale business and professional
offices, medical and dental clinics, and banks and similar financial institutions at
locations where they are compatible with residential uses. Some retail and personal
services may be permitted if supplemental to the other uses allowed in the zone. This
zone is intended for those areas that are in transition from residential to commercial
uses along arterials or near the hospital. Conversion of residential uses to commercial
uses is geared towards encouraging adaptive re-use of existing single-family structures
that continue to appear in accord with the single-family residential character The RO-H
designation is to be used exclusively for the hospital area, located in the vicinity of 2nd
Street NE and Auburn Avenue, and is intended to be used for medical and related uses
and those uses compatible with the medical community
C P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate
location and development of public uses that serve the cultural, educational,
recreational, and public service needs of the community
D I Institutional Zone. The I zone is intended to provide an area wherein
educational, governmental, theological, recreational, cultural and other public and quasi-
public uses may be allowed to develop. It is further intended these areas be significant
in scope which will allow a combination of uses which may not be permitted outright
within other zones. This district is not intended to include those smaller or singular
public uses which are consistent with and permitted in other zones. (Ord. 4229 § 2,
1987 )
18.35.30 Uses.
A. General permit requirements. Table 18.35.030 identifies the uses of land
allowed in each special purpose zone and the planning permit required to establish
each use.
B. Requirements for certain specific land uses. Where the last column in Table
18.35.030 ("Standards for Specific Land Uses") includes a section number, the
referenced section determines other requirements and standards applicable to the use
regardless of whether it is permitted outright or requires an administrative or conditional
use permit.
Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by
Zone
Ordinance No. 6434
October 30, 2012
Page 3 of 8
ORD.D Page 200 of 597
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ORD.D Page 201 of 597
Oermitted,,Administrativej Conditional and Prohibited-Uses'by-zone R-Permitted C-Conditional
A=Kam'Oifrative X- Prohibited
Zoning Designations Standards for
LAND USE
I RO J'RO4iJ
Specific LaimlVass
RETAIL
Restaurant,cafe, coffee shop, excluding A A P A
drive-through facilities
SERVICES
Banking and related financial institutions, P P X X
excluding drive-through facilities(4)
Daycare, including mini daycare, daycare A P X P
center, preschools or nursery schools
Home-based daycare P P X p
Medical services-clinic,or urgent care P P X X
4) 1 -
Mortuary funeral home,crematorium X 0 X X
Professional Offices; P P X A
Personal service shops P P X X
Pharmacies 4_X P X X
Notes:
1 Duplexes, 3,600 square feet of lot area per dwelling unit is(squired
2. Multi-family dwellings; provided that 2,400 square feet of lot area is provided for each dwelling unit
3. Multi-family dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. (Ord.6269§
28,2609)
4. Permitted within a public college or university as an amenity or service provided to students. A stand alone
bank or medical services/clinic is not permitted.
18.35.040 Development Standards
Hereafter, no use shall be conducted, and no building, structure and appurtenance
shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in
compliance with the requirements in Table 18.35.040 (RO, RO-H, P-1, I Zone
Development Standards) and in compliance with the provisions of this title, and then
only after securing All permits and approvals required hereby These standards may be
modified through either an administrative variance or variance, subject to the
procedures of Chapter 18.70 ACC
TABLE 18.35.040 RO, 110-H, P-1, I Zone Development Standards
Ordinance No. 6434
October 30, 2012
Page 5 of 8
ORD.D Page 202 of 597
Development Requirement_by Zones
Feature RO RO-H P-1 I
Residential Residential Public Use Institutional
Office Office-Hospital
Minimum lot 7,200 sf None None 6,000 sfArea
Minimum lot
50 ft,80 ft None None 60 ft,80 ft
width,depth
Maximum lot 55 percent(1)
None None 35 percent
coverage
Setbacks Miriimummsetbaoks'r`e"quirk"dtbBOhri ry;s&ttoiiies:'§eBAC-C 18.31.070 for
ezcepfionsto these;reggirements. u" '" `'"
Front 20 ft(2) 10 ft 20 ft 20 ft
Side-Interior 5 ft None 5 ft(4) 5 ft
Side-Comer loft 10 feet loft loft
Rear _ 25 ft(3) None 25 ft 25 ft
Accessory See note(5) NA NA See note(5)
structure(s) below below
Height limit MaxiMUmh all6wable height of stryctures.See ACC:1&,31.030°(Height
Limitations 5iceptiori"s).foi he_lghfiimit'ez_c_eptions._,
Ma-thrium
35 ft 65 ft 45 ft 45 ft(6)height
Fences and See Chapter 18.31 ACC
Hedges
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Non-See Chapter 18.54 ACC
Conforming
structures,
land and uses.
Notes:
1 New single family residential or conversions of single-family residences to commercial uses with additions
greater than a total or cumulative of 200 square feet on the property since the adoption of Ordinance No. 6231,then
the maximum lot coverage is 35 percent.
2. New single-family residential or conversions of single-family residences to commercial uses with additions of
200 square feet or less,then the front yard setback is 10 feet.
3. New single-family residential or conversions of single-family residences to commercial uses with additions of
200 square feet or less,then the rear yard setback is 15 feet.
4. A 25 foot setback is required when adjacent to a residential zone.
5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard
setback may be reduced to five feet; provided that any structure with a vehicle entrance from a street (public or
private)or public alley shall be set back a minimum of 20 feet.
6. Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings: 16
feet.
Ordinance No. 6434
October 30, 2012
Page 6 of 8
ORD.D Page 203 of 597
18.35.50 Additional development standards for both the RO and RO-H Zones.
A. All uses shall be conducted entirely within an enclosed structure, except
noncommercial municipal automobile parking facilities in the RO-H zone.
B. There shall be no outside storage of materials allowed.
C Refuse cans, containers or dumpsters shall be screened from the view of
adjoining properties.
D. No on-site hazardous substance processing and handling, or hazardous waste
treatment and storage facilities shall be permitted, unless clearly incidental and
secondary to a permitted use. On-site hazardous waste treatment and storage facilities
shall be subject to the state siting criteria (Chapter 70 105 RCW).
E. Any new construction, including additions and alterations, within the RO district
shall utilize similar bulk, scale, and architectural and landscape elements of the existing
site structure or those of the neighborhood in which the property is located. A site plan
and building elevation plans shall be prepared by the applicant which addresses
compliance with the requirements as outlined in this subsection. The plans shall be
approved by the planning director or designee prior to the issuance of any building
permits.
The planning director and the public works director or designees may deviate from the
development standards under ACC 18.35.040 up to 10 percent, for example reduce
rear yard setback by one and one-half feet, to address
Section 2. Repealina .Chapter of--City .Code. That Chapter 18:22, RO
Residential Office and RO-H Residential Office Hospital District, of the Auburn City
Code be and the same hereby is repealed.
Section 3. Repealina Chapter of City Code. That Chapter 18.40, P-1 Public
Use District, of the Auburn City Code be and the same hereby is repealed.
Section 4. Repealina Chapter of City Code. That Chapter 18 44, 1
Institutional Use District, of the Auburn City Code be and the same hereby is repealed.
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 6. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
Ordinance No. 6434
October 30, 2012
Page 7 of 8
ORD.D Page 204 of 597
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 7. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law
INTRODUCED-
PASSED-
APPROVED-
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
B. He 'Id,- City Attorney
Published:
Ordinance No. 6434
October 30, 2012
Page 8 of 8
ORD.D Page 205 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject: Proposed amendments to Title 18 - Zoning, of the
Auburn City Code related to non-residential zones (Code Update Project
– Phase 2 - Group 2).
Date: September 21, 2012
Department: Planning and
Development
Attachments: See Exhibit list below. Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on the proposed
amendments and make a recommendation to City Council.
Background Summary:
The Code Update Project began in September 2008 and is progressing in two phases. Phase 1,
completed in June of 2009, updated the City’s residential-related zoning districts (Title 18 ACC) and
subdivision code (Title 17 ACC). Phase 2 updates the City’s non-residential related zoning districts (Title
18 ACC). Because Phase 2 involved a number of zoning code amendments it was divided into two
groups. Group 1 was completed in December of 2011 and amended the following chapters in Title 18
ACC: Landscaping and Screening, Off-street Parking and Loading, and Variances, Special Exceptions
and Administrative Appeals. Group 1 also added a new chapter related to Outdoor Lighting.
The Code Update Project is intended to meet four key objectives:
* Improve development code readability and ease of use;
* Update technical content to address known issue areas and better support the City’s development
review and quasi-judicial decision process;
* Ensure development code and design standards are coordinated and consistent with Auburn’s
Comprehensive Plan and other state land use and environmental requirements;
* Promote sustainability concepts where feasible.
The proposed amendments (Phase 2, Group 2) will affect the current zoning code as follows:
Add new definitions, consolidate chapters that currently regulate the City’s non-residential zones (land
uses and development standards) and create a new chapter containing standards for specific land uses.
The October 2, 2012 Planning Commission meeting will involve a public hearing on the proposed code
amendments. The Planning Commission is advisory to the City Council and will make a recommendation
to the City Council on the proposed code amendment.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Wagner
Meeting Date: October 2, 2012 Item Number:
ORD.D Page 206 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 2 of 6
A. RESPONSIBLE DEPARTMENT:
City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director
B. RESPONSIBLE STAFF:
Stuart Wagner, AICP Planner, City of Auburn Planning and Development Department
C. AREA OF IMPACT:
Citywide
D. PLANNING COMMISSION PUBLIC HEARING DATE:
October 2, 2012
E. CITY COUNCIL ORDINANCE CONSIDERATION DATE:
Currently scheduled for November 19, 2012
F. FINDINGS OF FACT:
1. Title 18 of the Auburn City Code (ACC), includes Chapter 18.68, Amendments, which
addresses amendments to Title 18, Zoning.
2. The proposed code amendment adds new definitions, consolidates chapters that currently
regulate the City’s non-residential zones (land uses and development standards) and creates
a new chapter containing standards for specific land uses.
3. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as
discussed under the conclusions’ section of this report.
4. A Determination of Non-Significance was issued for the City initiated Code Amendments on
July 16, 2012 under city file SEP12-0022. The Determination of Non-Significance was
published in the July 16, 2012 edition of the Seattle Times. No comments were received from
the commenting agencies or appeals filed.
5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required for the 60-day state review. An
acknowledgement letter was received on July 23, 2012. No comments were received from
Commerce or other state agencies as of the writing of this report.
6. Initial concepts were reviewed by the Planning and Community Development Committee on
March 8, 2012 and March 20, 2012 and the Committee provided initial policy feedback to
staff.
7. The Planning Commission conducted a duly noticed work study session at the regular
meetings on August 21, 2012, September 5, 2012 and October 2, 2012 to review and
discuss with staff potential amendment issues and ideas inclusive of the potential
amendments to Title 18 (Zoning).
ORD.D Page 207 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 3 of 6
8. The public hearing notice was published on September 21, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for October 2, 2012.
9. The following conclusions support the proposed amendments to Title 18, Zoning, scheduled
for the Planning Commission’s October 2, 2012 public hearing with a staff recommendation.
G. Conclusions
1. Pursuant to Auburn City Code (ACC) Section 18.68.030 and 18.68.040, the following public
process is applicable:
18.68.030 Public hearing process
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the city
council who may or may not conduct a public hearing.
18.68.040 Public hearing notice requirements
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, at least 10 days prior to the public hearing and by posting the
notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, prior to the public hearing and by posting the notice in three
general public locations.
Comment:
The public hearing before the Planning Commission is scheduled for October 2, 2012
meeting the requirement under ACC 18.68.030. The public hearing notice was published in
the Seattle Times, the City’s official newspaper, on September 21, 2012 at least 10 days
prior to the public hearing. The public hearing notice was also posted at City Hall (25 West
Main Street), the Customer Service Center (One East Main Street), and the City’s Senior
Activity Center meeting the requirement for posting the notice in three general public
locations.
2. The proposed amendments to Title 18 (Zoning) are intended to reorganize and update
regulations and standards to create a more logical flow in the regulation of land uses and to
appropriately reflect changes in state law. In addition, these amendments are intended to
reduce redundancy and vagueness, add or modify definitions and make the regulations
easier to use and understand.
3. The proposed amendments to Title 18 (Zoning) do not require any changes to the City’s
current critical area regulations contained in ACC 16.10 (Critical Areas). Any future
development subject to the proposed amendments to Title 18 will still be required to
demonstrate compliance to applicable standards and regulation specified in ACC 16.10.
4. The proposed amendments to Title 18 (Zoning) will support current and future land and
shoreline uses that are consistent with the City’s current Comprehensive Plan and current
Shoreline Master Program. Staff has not proposed substantive or non-substantive
ORD.D Page 208 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 4 of 6
amendments to Title 18 that would be deemed inconsistent with the City’s adopted plans and
policies.
5. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for
text amendments to the zoning title. At a minimum, proposed text amendments are to be
consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040. The proposed
code amendment is supported by the following Comprehensive Plan Objectives and Policies:
CITY OF AUBURN COMPREHENSIVE PLAN
GOAL 9. COMMERCIAL DEVELOPMENT
To maintain and establish a variety of commercial environments which provide the full range
of commercial services to the community and region in a manner which reduces conflicts
between different types of commercial services and other uses.
Discussion: Commercial uses range from a small corner store providing service primarily
to the neighborhood around it to a large shopping mall which serves the entire region.
Auburn contains both of these types of commercial uses and recognizes their importance
in providing service to both Auburn and regional residents. The City will provide
opportunities for the full range of commercial uses while insuring that their impacts on
each other and on other uses are minimized.
Comment:
The proposal will add new land use tables, ones divided by major land use categories i.e.
Industrial and Manufacturing vs. Residential vs. Retail vs. Service, e.g. Within these new
land use tables are new uses including commercial recreational facilities, live/work or
work/live unit, building and landscaping sales, outdoor displays and sales associated with a
permitted use, fueling station, and others, thereby providing a full range of commercial uses
in the city’s non-residential zones.
GOAL 2. FLEXIBILITY
To provide predictability in the regulation of land use and development, especially where
residential uses are affected, but to also provide flexibility for development through
performance standards that allow development to occur while still protecting and enhancing
natural resources and critical lands in overall compliance with this comprehensive
plan.
Objective 2.1. To provide assurance that residential areas will be protected from
intrusions by incompatible land uses.
Policies:
GP-11 Ordinance provisions designed to protect residential areas shall give priority to
providing predictability and stability to the neighborhood
GP-12 Adequate buffering shall be required whenever new commercial or industrial uses
abut areas designated for residential uses
GOAL 11. INDUSTRIAL DEVELOPMENT
To provide for, establish and maintain a balance of industrial uses that respond to local and
regional needs and enhance the City's image through optimal siting and location, while
ORD.D Page 209 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 5 of 6
taking into consideration tax policy impacts of streamlined sales tax and/or other similar
legislation.
Objective 11.2. To establish performance standards appropriate for developing industrial
areas.
Policies:
LU-99 Compatibility among land uses should be enhanced through landscaping, building
orientation and setbacks, traffic control and other measures to reduce potential conflicts.
LU-100 All industrial development should incorporate aesthetically pleasing building and
site design. The City shall amend its codes and performance standards which govern
industrial development to implement this policy.
a. Procedures shall be established to ensure aesthetically pleasing building and site
design in areas designated for light industrial areas.
b. Appropriate landscaping and site development standards shall regulate site
development in heavy industrial areas.
c. Unsightly views, such as heavy machinery, service entrances, storage areas,
rooftop equipment, loading docks, and parking areas should be screened from view
of adjacent retail, commercial, light industrial and residential areas and
from public streets.
LU-107 Land made available for industrial development, and uses allowed in industrial
zones, shall take into consideration impacts of tax policy and tax structure upon the City
of Auburn.
Comment:
The land uses tables described above are structured in a way that will establish and maintain
a balance of industrial uses, ranging from warehousing and distribution to storage to
manufacturing. Residential uses will be protected through greater setbacks (when abutting
non-residential uses) and through additional development standards (on siting, aesthetic, or
operational). New specific standards have been created for outdoor displays and sales,
towing storage yards, automobile washes, and other uses to mitigate their potential adverse
impacts. The proposed amendments to the zoning code will be consistent with the
comprehensive plan in that they would conform to the land use goals and policies listed
above.
Objective 11.7. To promote and incentivize increased retail uses in industrial zoning
districts.
Policies:
LU-116 Changes in comprehensive plan and zoning policies and standards should be
implemented to create regulatory controls and incentives for the increased use of land
and buildings to for sales tax producing commercial retail uses.
Comment:
Additional sales tax generating land uses are proposed to be permitted outright in the city’s
industrial zones (M1, light industrial and M2, heavy industrial). These additional land uses
include building and landscaping material sales, nurseries, convenience and grocery stores,
retail establishments of varying size, and wholesaling with on-site retail as an incidential use.
ORD.D Page 210 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 6 of 6
The latter use would allow for bakeries and coffee roaster to sell goods they make on site.
The proposed amendments to the zoning code would help meet comprehensive plan
objective 11.7 above.
GOAL 17. ECONOMIC DEVELOPMENT
To ensure the long-term economic health of the City and the region through a diversified
economic base that supports a wide range of employment opportunities for Auburn's
residents and those of the region and through the promotion of quality industrial and
commercial development which matches the aspirations of the community.
Objective 9.3. Develop effective land use polices and economic development strategies
that provide long-term and stable employment, increase per capita income
and reduce the tax burden of Auburn residents.
Policies:
ED-16 Warehouse and distribution land uses are not a preferred longterm economic
development and land use priority for industrial zoned areas in the City due to the loss of
sales tax revenue associated with the State’s implementation of streamlined sales tax
legislation in 2008, no substantive contribution to an increase in per capita income for
Auburn residents, no reduction in the tax burden of Auburn residents, low employment
densities, lower property values and land use inefficiencies.
Comment:
Because the City of Auburn Comprehensive Plan contains policies stating that warehouse
and distribution land uses are not a preferred long term economic development and land use
priority for industrial zoned areas in the City due to a loss of sales tax revenue associated
with the State’s implementation of streamline sales tax legislation, the new land use tables
have motor freight terminals (new) listed as a prohibited use and a number of sales tax
producing commercial retail uses have been added. These amendments are consistent with
the goals and policies of the comprehensive plan.
Staff Recommendation
The Planning Commission recommends approval to the City Council of the proposed zoning code
text amendment as presented by staff based on the findings of fact and conclusions.
Exhibits
Exhibit 1: Staff Report
Exhibit 2: Auburn City Code Chapter 18.04 – Definitions (revised)
Exhibit 3: Auburn City Code Chapter 18.23 – Commercial and Industrial Zones (new)
Exhibit 4: Auburn City Code Chapter 18.35 – Special Purpose Zones (new)
Exhibit 5: Auburn City Code Chapter 18.57 – Standards for Specific Land Uses (new)
Exhibit 6: Determination of Non-Significance and Affidavit of Publication
Exhibit 7: Environmental Checklist
Exhibit 8: Public Hearing Notice and Affidavit of Publication
Exhibit 9: Letter to Department of Commerce for 60-day State Review
Exhibit 10: Acknowledgment letter from Department of Commerce
ORD.D Page 211 of 597
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ORD.D Page 212 of 597
Description of Proposal—Code Update Project-Phase 2—Grouping 2
The proposal is the second of two phases of an update to the City of Auburn Zoning Code. Phase 1
updated the City's residential-related zoning districts (Title 18 ACC) and subdivision code (Title 17
ACC), Phase 2 updates the City's non-residential related zoning districts (Title 18 ACC) and
chapters that regulate non-residential and multi-family developments such as off-street parking and
loading and landscaping and screening.
The goals of the Code Update project include:
Improve development code readability and ease of use;
Update technical content to address known issue areas and better support the City's
development review and quasi-judicial decision process;and
Ensure development code and design standards are coordinated and consistent with
Auburn's Comprehensive Olen and other state land use and environmental requirements;
and
Promote sustainability concepts where feasible.
The proposal under this Determination of Non-Significance (Code Update Project — Phase 2 -
Grouping 2) will add new definitions, consolidates chapters that currently regulate the City's non-
residential zones (uses and development standards), creates a new Chapter containing standards
for specific land uses and moves the Hearing Examiner chapter out of Title 18-Zoning and into Title
2—Administration and Personnel.
i
i
ORD.D Page 213 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6435
Date:
October 30, 2012
Department:
Planning and Development
Attachments:
Ord 6435
Staff Report to Planning Commission
(w/out exhibits)
Ord 6435 DNS
Budget Impact:
$0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6435.
Background Summary:
The Code Update Project began in September 2008 and is progressing in two phases.
Phase 1, completed in June of 2009, updated the City's residential-related zoning
districts (Title 18 ACC) and subdivision code (Title 17 ACC). Phase 2 updates the City's
non-residential related zoning districts (Title 18 ACC). Because Phase 2 involved a
number of zoning code amendments it was divided into two groups. Group 1 was
completed in December of 2011 and amended the following chapters in Title 18 ACC:
Landscaping and Screening, Off-street Parking and Loading, and Variances, Special
Exceptions and Administrative Appeals. Group 1 also added a new chapter related to
Outdoor Lighting.
The Code Update Project is intended to meet four key objectives:
Improve development code readability and ease of use;
Update technical content to address known issue areas and better support the
City's development review and quasi-judicial decision process;
Ensure development code and design standards are coordinated and consistent
with Auburn's Comprehensive Plan and other state land use and environmental
requirements;
Promote sustainability concepts where feasible.
Ordinance 6435 will add a new Chapter 18.57 (Standards for Specific Land Uses) to the
Auburn City Code. The purpose of this ordinance is to add specific standards for certain
land uses within individual or multiple non-residential zones to mitigate their potential
adverse impacts.
AUBURN * MORE THAN YOU IMAGINEDORD.E Page 214 of 597
On October 2, 2012 the Planning Commission held a public hearing on the proposed
code amendments. At the close of the public hearing the Planning Commission made a
recommendation to the City Council for adoption of the proposed code amendments.
Since the public hearing, the code amendments have been reviewed by the Planning
and Community Development Committee and the Public Works Committee. On October
22, 2012 the Planning and Community Development Committee were satisfied with the
amendments proposed and recommend approval to the City Council.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Planning, Legal
Councilmember:Backus Staff:Snyder
Meeting Date:November 5, 2012 Item Number:ORD.E
AUBURN * MORE THAN YOU IMAGINEDORD.E Page 215 of 597
ORDINANCE NO. 6 4 3 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER, 18.57 TO THE AUBURN CITY CODE -
STANDARDS FOR SPECIFIC LAND USES," RELATING
TO ZONING
WHEREAS, from time to time, amendments to the City of Auburn zoning code
are appropriate, in order to update and better reflect the current development needs and
standards of the City; and
WHEREAS, the proposed zoning code amendments will add specific standards
for certain land uses within individual or multiple non-residential zones to mitigate their
potential adverse impacts; and
WHEREAS, following proper notice, the City of Auburn Planning Commission
held a public hearing on October 2, 2012, on the proposed code amendments regarding
commercial and industrial zones, special purpose zones and standards for specific land
uses; and
WHEREAS, after fully considering the testimony and information presented at the
public hearing, on October 2, 2012, the Planning Commission made its
recommendations for code amendments to the City of Auburn City Council; and
WHEREAS, the City Council has reviewed and considered the Planning
Commission recommendations; and
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA) with a
final determination of non-significance (DNS) issued July 16, 2012; and
Ordinance No. 6435
October 30, 2012
Page 1 of 14
ORD.E Page 216 of 597
WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code
amendments were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required for the 60-day state
review; and
WHEREAS, no comments regarding the proposed zoning code amendments
have been received from the Department of Commerce or other state agencies; and
WHEREAS, the City Council finds that the proposed amendments improve the
readability and use of the City Code, updates technical aspects of the code, improves
the City's development review process, and promote sustainability concepts where
feasible.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code.That a new Chapter 18.57
Standards for Specific Land Uses" is added of the Auburn City Code to read as follows:
CHAPTER 18.57
STANDARDS FOR SPECIFIC LAND USES
Sections:
18.57 010 Intent.
18.57.015 Applicability
18.57 020 Industrial, Manufacturing and Processing, Wholesaling.
18.57 025 Recreation, Education and Public Assembly
18.57 030 Residential.
18.57 035 Retail.
18.57 040 Services.
18.57.045 Transportation, Communication and Infrastructure.
18.57 050 Vehicle Sales and Services.
Ordinance No. 6435
October 30, 2012
Page 2 of 14
ORD.E Page 217 of 597
18.57.010 Intent.
This Chapter provides site planning, development, and/or operating standards for
certain land uses that are allowed by individual or multiple zoning districts, and for
activities that require special standards to mitigate their potential adverse impacts.
18.57.015 Applicability
The land uses and activities covered by this Chapter shall comply with the provisions
of the Sections applicable to the specific use, in addition to all other applicable
provisions of this Zoning Code. The standards for specific land uses in this Chapter
supplement and are required in addition to those in ACC 18.23.040 and ACC 18.35.040
Development standards.
18.57.020 Industrial, Manufacturing and Processing, Wholesaling.
A. Outdoor storage, incidental to principal permitted use on property
1 C-3 Zone
Outdoor storage is subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than 10 percent of
the lot.
b. Outdoor storage shall be located between the rear lot line and the
extension of the front facade of the principal structure, provided also that for corner lots
no outdoor storage is allowed between a building and a side street lot line. For through
lots, the location for outdoor storage shall be determined by the planning director
c. Outdoor storage shall not be located in a required yard/setback area.
d. Outdoor storage shall not be permitted on undeveloped lots.
e. Outdoor storage shall be limited to 15 feet in height. The planning director
may authorize an increase in height, up to 50 percent, through an administrative
variance, subject to the procedures of Chapter 18.70 015 (A)(2).
f. Outdoor storage areas shall be landscaped in accordance with ACC
18.50.040.C(5)
g. Outdoor storage areas shall consist of a hard surface material of either
gravel or paving.
h. Outdoor storage shall consist of supplies, materials, and/or equipment that
are in working and usable condition.
i. Outdoor storage of unworkable and/or unusable equipment, supplies or
materials is not permitted.
2. M-1 Zone
Outdoor storage is subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than 50 percent of
the lot.
b. Meet requirements b through j of ACC18.57 020(A)(1) C-3 Zone, above.
3. EP Zone
Outdoor storage is subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than 15 percent of
the lot.
b. Meet requirements b through j of ACC18.57 020(A)(1) C-3 Zone, above.
Ordinance No. 6435 —
October 30, 2012
Page 3 of 14
ORD.E Page 218 of 597
4 M-2 Zone
Outdoor storage is subject to the following requirements:
a. Outdoor storage shall be landscaped in accordance with ACC
18.50.040.C(5).
b. Outdoor storage shall not be permitted on undeveloped lots.
c. Outdoor storage shall be limited to 30 feet in height.
B. Storage - Personal storage facility (mini-storage)
1 AH Zones where permitted
a. The design of facades, landscaping and lighting of premises shall be
compatible with the intent of the applicable district.
b. Storage unit doors shall be screened or located so as to not be visible
from residential property
c. There shall be no outside storage of goods or materials of any type at the
personal storage facility except that of wheeled vehicles (recreational vehicles,
campers, trailers, trailer-mounted boats, motorized vehicles, etc. — but not inoperable
motor vehicles). Such vehicles may be stored in areas that have been specifically
designated and set aside for such use, in accordance with the following:
i. Vehicles shall be screened from view of public, residential and other
commercial property with sight-obscuring fencing or berms at least eight (8) ft in height.
When berms are used they shall be landscaped with shrubbery and/or trees.
ii. Storage of recreational vehicles and trailer mounted boats shall not
occur in required parking spaces, drives and/or lanes between storage buildings,
parking lanes, or within required building setbacks.
iii. No vehicle or boat maintenance, washing, or repair shall be permitted.
d. Storage units shall not be used for manufacturing, fabrication, processing
of goods, conducting servicing or repair; nor used to conduct garage sales or retail
sales; nor conduct any other commercial or industrial activity
C Warehousing and distribution
1 All Zones where permitted
a. Motor freight transportation is permitted but only as an incidental use to
the principal use of the property
b Loading and unloading docks shall not be visible from the street. If this
requirement cannot be met an additional 10-foot width of landscaping along the abutting
street, meeting the provisions of ACC 18.50.040 C (Landscape Design and Planting
Requirements), is required.
c. All odors, noise, vibrations, heat, glare, or other emissions shall be
controlled within the confines of a building unless specifically permitted elsewhere by
this title.
d. No on-site hazardous substance processing and handling, or hazardous
waste treatment and storage facilities, shall be permitted, unless clearly incidental and
secondary to a permitted use. On-site hazardous waste treatment and storage facilities
shall be subject to the state siting criteria (Chapter 70 105 RCW).
18.57.025 Recreation, Education and Public Assembly
A. Commercial recreation facility, outdoor
Ordinance No. 6435
October 30, 2012
Page 4 of 14
ORD.E Page 219 of 597
I All Zones where permitted
a. Facility shall not be located within three hundred (300) feet of an existing
residential zone. The planning director may allow a reduction in this setback, not to
exceed a minimum setback of 50 feet, after review of an acoustic study completed by a
licensed professional showing that the facility would not exceed maximum noise levels
permissible in identified environments as determined by Chapter 173-60 WAC, as
amended.
b. The planning director may require an acoustic study for any proposed
facility which could have or create a noise exposure greater than that deemed
acceptable. Upon review of the study, increased setbacks, noise avoidance or
mitigation measures may be imposed.
c. Outdoor speakers and sound amplification shall not be permitted for uses
immediately next to residential uses.
d. Access to such facilities shall be from a public arterial or collector road as
defined on the currently adopted City of Auburn Street Functional Classification Map
18.57.030 Residential
A. Multiple-family dwellings as part of a mixed-use development;
1 C-1 Zone
Multiple-family dwelling as part of a mixed-use development is allowed
provided, that compliance to all of the following is demonstrated:
a. Multiple-family dwellings shall only occur concurrent with or subsequent to
the development and construction of nonresidential components of the mixed-use
development;
b. Applications for mixed-use development inclusive of multiple-family
residential dwellings shall include transportation and traffic analyses appropriate to the
type and scale of the proposed development based on the concurrent determination of
the planning director and city engineer The planning director and city engineer may
require the analysis to address, including, but not limited to, a.m. or p.m. traffic impacts;
and/or area circulation planning for motorized and nonmotorized modes of travel and
connectivity; and/or transportation demand management (TDM) strategies;
c. Applications for the mixed-use development inclusive of multifamily
residential dwellings shall include written and plan information demonstrating
compliance to applicable design standards for mixed-use development contained in the
city of Auburn multifamily and mixed-use design standards;
d. Applications for the mixed-use development inclusive of multifamily
residential dwellings shall comply, as applicable, with the neighborhood review meeting
requirements of ACC 18.02.130 (Neighborhood review meeting);
e. Mixed-use development comprised of a maximum of one building on a
development site shall have the entire ground floor comprised of one or more
commercial retail, entertainment or office uses that are permitted outright or
conditionally; provided, that uses normal and incidental to the building, including, but not
limited to, interior entrance areas, elevators and associated waiting areas, mechanical
rooms, and garbage/recycling areas, may be allowed on the ground floor, except that
non-street frontage vehicle garages located on the ground floor together with all other
Ordinance No. 6435
October 30, 2012
page 5 of 14
ORD.E Page 220 of 597
normal and incidental uses shall occupy a maximum of 50 percent of the ground floor
space; and
f. Mixed-use development that is geographically distributed on a
development site amongst two or more buildings shall have a minimum of 50 percent of
the cumulative building ground floor square footage comprised of one or more
commercial retail, entertainment or office uses that are permitted outright or
conditionally
2. C-2 Zone
Multiple-family dwellings are permitted as part of a mixed-use development
provided they are:
a. Located in a multistory building the ground floor of which must contain a
permitted use listed in the land use table found under ACC 18.23.030 - "Permitted,
Administrative, Conditional and Prohibited Uses by Zone" No density limitations shall
apply
3. C-3 Zone
Multiple=family dwellings are permitted as part of a mixed-use development
provided 1200 square feet of lot area is provided for each dwelling unit.
4 C-4 Zone
Multiple-family dwellings are permitted provided they are:
a. Located in a multistory building and the ground floor must contain a
permitted use or combination of uses, other than parking facility
b. An exception to this ground floor commercial requirement is allowed for
uses accessory to the upper story residential at a rate of 1,500 square feet of area per
upper story of residential. The ground floor areas accessory to the upper story
residential may include, but are not limited to, entry space, lobby, hallway, mail areas.
The 1,500 square feet of upper floor area does not include exiting required to meet
applicable building and fire codes.
5. M-1 Zone
Multiple-family dwellings are permitted as part of a mixed-use development,
provided they are:
a. Located in a multi-story building the ground floor of which must contain
one of the retail or service uses listed in the land use table found under ACC 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone" The ground
floor may contain entrance and lobby areas which serve the dwellings.
B. Multiple-family dwellings, stand alone
1 C-3 Zone
Multiple-family dwellings are permitted provided;
a. 1200 square feet of lot area is provided for each dwelling unit; and
b The multiple-family development is arranged in the following manner
based on its orientation to a public roadway (Scenarios 1-4):
Ordinance No 6435
October 30, 2012
Page 6 of 14
ORD.E Page 221 of 597
AUBURN WAY N
AUBURN WAY S
AST BE
WEST VALLEY HWY,13 ST NWISW
C ST SW
C
CIMF
MF
When oriented along the roadways listed above:
Scenario 7 Vertical mixed-use(street level commercial, multi-family above) development
required;or
Scenario 2: Horizontal mixed-use (commercial use along frontage, multifamily along the rear)
required
AUBURN WAY N
AUBURN WAY S
ASTSE
WEST VALLEY HWY,15 ST NWISW
C ST SW
scenario
CIMF
Legend
C=Commercial
MF MF= Multi-family
When oriented along the roadways listed above:
Scenario 3: Land locked property Property to the rear can be stand alone multifamily
Ordinance No. 6435
October 30, 2012
Page 7 of 14
ORD.E Page 222 of 597
Minor Arterials
Non-Res Coll&ton3 -------------------
I ST NE,Sr"ST SE,e.g.
MF
Legend
C=Commercial
MF= Multi-family
When oriented along other minor arterials and non-residential collectors:
Scenario 4: Properties along streets that are less-attractive to commercial uses, such as I St
NE, stand alone multi-family can be permitted.
2. EP Zone
Multiple-family dwellings are permitted provided;
a. The multiple-family development incorporates sustainable design and
green building practices and qualifies to be built green certified.
18.57.035 Retail.
A. Building and landscape materials sales
1 All Zones where permitted
a. Landscape materials displayed outdoors are limited to plants, soils, gravel,
and fertilizer No soil mixing is allowed.
b. Stored materials other than landscape plant materials shall be completely
screened by walls or buildings and shall not protrude above the height of the enclosing
walls or buildings or be visible from a public right-of-way or adjacent residential zone or
use and shall not be located in any of the required setbacks.
c. Stored building supplies and landscaping materials shall be limited to 15
feet in height. The planning director may authorize an increase in height, up to 50
percent, though an administrative variance, subject to the procedures of Chapter
18.70.015 (A)(2).
B. Groceries, specialty food stores
1 EP Zone
a. Groceries and specialty food stores are limited to 20,000 square feet in
size.
C Nursery
1 All Zones where permitted
a. Aerial application of any pesticides, fungicides, fertilizer or any other
chemical shall be prohibited.
b. Operation of heavy equipment is prohibited.
c. Outdoor storage and display of landscape plant materials (excluding
elements such as mulch, pebbles, gravel stone, fertilizer, wood, sculptures, furniture,
Ordinance No. 6435
October 30, 2012
Page 8 of 14
ORD.E Page 223 of 597
etc.) is permitt ed, but shall not be located in the required setbacks. Chain link fences,
with black or green vinyl covering, are permitted for security purposes.
d. Stored materials other than landscape plant materials shall be completely
screened by walls or buildings and shall not protrude above the height of the enclosing
walls or buildings or be visible from a public right-of-way or adjacent residential districts
or use and shall not be located in any of the required setbacks.
D Outdoor displays and sales
1 All Zones where permitted
a. Only the business or entity occupying the principal use or structure shall
sell merchandise in the outdoor display areas. Other off-site businesses or vendors "may
be allowed to sell merchandise or hold a temporary event in the outdoor display areas
provided the sale/event is conducted for three days or less, not visible from a public
street, does not block required pedestrian or vehicle access, and a party submits a
written description of their intended use of the property to the City a minimum of seven
7) calendar days prior to use and abides by any written conditions of use required by
the City If any of the aforementioned requirements cannot be met a temporary use
permit subject to the provisions of Chapter ACC 18.46A is required.
b. All outdoor displays must be located on the same lot as the principal use.
c. Such outdoor display is permitted in any front or side yard, subject to a
minimum setback of 20 feet from an adjoining property line.
d. Merchandise shall not be placed or located where it will interfere with
pedestrian or building access or egress, required vehicular parking and handicapped
parking, aisles, access or egress, loading space parking or access, public or private
utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other
fire protection equipment, or emergency access or egress.
e. The height of displayed merchandise shall not exceed the height of any
fence or wall or 10 feet, whichever is less.
f. Outdoor display areas shall not be located on any parking spaces needed
to comply with the minimum parking ratios in ACC 18.52 — Off Street Parking and
Loading. Outdoor display areas shall be considered part of the floor area of the principal
use or structure for purposes of computing the minimum number of parking spaces
required.
18.57.040 Services.
A. An daycare
1 AH Zones where permitted
a. All pets shall be properly licensed.
b. For any dog that has been designated as a "dangerous dog" or"potentially
dangerous dog" as defined by Auburn City Code (ACC) the operator shall verify that the
owner has complied with the regulations (on noticing, licensing, certificate of
registration, restraining, etc.) contained in ACC Chapter 6.35 — Dangerous Dogs. The
owner shall ensure the facility meets the requirements for a "proper enclosure" as set
forth in ACC 6.35.010D
c. All fenced exercise areas must be at least 50 feet from a habitable
residential structure.
Ordinance No. 6435
October 30, 2012
Page 9 of 14
ORD.E Page 224 of 597
d. Adequate screening shall be required when abutting any residential use.
e. General care of pets must be confined to inside of building and under
supervision.
f Pets are permitted to be walked or exercised outside of building only
under supervision and in accordance with all other applicable ordinances and laws.
g. The exterior appearance of an animal day care building must be
compatible with the appearance of neighboring properties.
B. Animal sales and services
1 All Zones where permitted
a. All sales and services shall be for household pets only
b. Overnight boarding is allowed within a completely enclosed building;
however, animal services or sales uses over 20,000 square feet in gross floor area that
use a majority of their gross floor area for retail sales, shall have no more than 15
percent of their gross floor area devoted to overnight boarding.
c. Animal sales and services use must be completely enclosed except that
outdoor animal runs or other areas in which dogs will be allowed outside of an enclosed
structure off leash (hereinafter "outdoor run") are allowed subject to compliance with the
following conditions:
i. Outdoor runs shall not be permitted within 50 feet of a habitable
residential structure.
ii. The outdoor run may operate only between the hours of 8:00 a.m. and
6:00 p.m.
iii. The facilities shall be constructed, maintained and operated so that
neither the sound nor smell of any animals boarded or kept on the premises during the
time that full enclosure is required can be discerned on other lots.
C. Kennels, animal boarding
1 All Zones where permitted
a. All pens shall be enclosed in an enclosed building.
b. The property on which the kennel is to be located shall be no closer than
one hundred (100) feet to any residential zone.
c. Limited outdoor exercise runs or facilities shall be permitted so long as
their hours of use are restricted to the hours between 8:00 a.m. and 6:00 p.m.
d. The facility must be air conditioned.
e. Exercise runs or facilities shall be a minimum of four (4) feet by ten (10)
feet.
f The facility shall maintain a minimum total of twenty-five (25) square feet
of kennel area per animal. This area may be comprised of cage area, runs, or exercise
facilities.
g. Any outdoor areas used for animal containment or exercise shall be
maintained by removing animal waste on a daily basis for proper disposal as solid
waste.
h. Any runoff, wash-down water, or waste from any animal pen, kennel,
containment, or exercise area shall be collected and disposed of in the sanitary sewer
after straining of solids and hair and shall not be allowed to enter the stormwater
drainage or surface water disposal system.
Ordinance No. 6435
October 30, 2012
Page 10 of 14
ORD.E Page 225 of 597
L Strained solids and hair shall be properly disposed of as solid waste.
D Repair service — equipment, appliances
1 C-1, C-2, and C4 Zones
a. Any repairing done on the premises shall be incidental only, and limited to
custom repairing of the types of merchandise sold on the premises at retail. The floor
area devoted to such repairing shall not exceed 30 percent of the total floor area
occupied by the particular enterprises.
18.57.045 Transportation, Communication and Infrastructure.
A. Towing storage yard
1 M-1 and M-2 Zone
a. Motor vehicle(s) shall not remain on the property for more than one-
hundred-twenty (120) days.
b. Motor vehicle(s) may not be repaired, restored, rebuilt, or otherwise
altered on the property
c. Motor vehicle(s) shall not be stacked vertically
d. Vehicle parts and scrap metal shall not be stored on the property
e. The sale of motor vehicles shall not be permitted.
f The towing storage yard shall be landscaped in accordance with ACC
18.50 040 C(5)
g. Any motor vehicles which are damaged so as to be leaking fluid shall be
brought to a impervious surface where all fluids shall be contained and disposed of in
conformance with all state and federal regulations.
h. The applicant shall install a separator or other use generally accepted
industry device or practice that provides equal/protection to prevent any leaking fluids
from the motor vehicles from entering the soil or surface waters.
18.57.050 Vehicle Sales and Services.
A. Automobile washes (automatic, full or self-service)
1 All Zones where allowed
An automatic, full-or self-service car wash shall comply with the following
standards:
a. Proper functioning of the site as related to vehicular stacking, circulation,
and turning movements.
b. The use of outdoor speakers is prohibited.
c. Car washes / detailing shall be located at least fifty (50) feet from any
residential zone, use, or structure.
d. Car wash openings must be oriented away from residential zones, use or
structures.
B. Auto/vehicle sales and rental
1 C-1 Zone
a. The business shall be located on a principal or minor arterial as defined by
the comprehensive transportation plan;
b No repairing, painting or body work shall be conducted outside of a
building;
Ordinance No. 6435
October 30, 2012
Page 11 of 14
ORD.E Page 226 of 597
c. If abutting an R zone, a sight-obscuring fence or landscape screen shall
be required;
d. A minimum of a 25-foot setback shall be required of any building from any
R zone;
e. Other landscaping or architectural improvements may be required to
ensure compatibility with present and potential C-1 uses in the vicinity;
C Fueling station
1 C-2 Zone
a. The fueling station must be accessory to an existing retail/service
establishment in which the principal tenant has a minimum floor area of at least 25,000
square feet. The principal tenant must own and/or manage the station. The station must
be located on the same parcel of property as the principal tenant and the property must
be at least 100,000 square feet in area.
b. The station must be located on the property to minimize the amount of
conflict to the pedestrian traffic.
c. The station must be located on and have direct access to an arterial using
existing curb cuts and driveways whenever practical. If the curb cuts and driveways do
not meet current city standards, then they shall be brought up to such standards.
d. The station cannot interfere with the existing parking and/or traffic
circulation on the property There shall be enough room on the property to allow for
adequate stacking space for vehicles waiting for fuel in order to avoid cars interfering
with vehicles on the street. The facility cannot reduce the amount of parking required by
the zoning code.
e. The station shall have a roof that covers all activities including the pay
window, refuse containers, fuel pumps and the adjacent parking area for the cars being
fueled. The area that is covered by the roof of the facility shall be no larger than 6,000
square feet. The number of pumps shall be limited to five such that no more than 10
vehicles may be fueled at any one time.
f. Columns or similar architectural features shall be provided that screen the
visibility of the pump islands as well as give the visible impression of enclosing the
structure. If necessary, provisions must be made to avoid a safety issue of enclosing
any fumes associated with the fueling of the vehicles. The overall height of the facility
shall not exceed 20 feet.
g. The design, architectural treatment and streetscape features of the station
must be consistent with the design concepts as outlined in paragraph "P" of Section 14
of the downtown plan as well as provide some design continuity between the facility and
primary structure.
h. Any other products for sale shall only be displayed within the building
containing the pay window and any such products shall be incidental to automobile
care/maintenance, or snacks and beverages. No sales of alcoholic beverages will be
allowed.
L Signs shall be limited to permanent wall signs, attached to the face of the
canopy, only
j. The application for the administrative use permit shall illustrate how it
complies with these standards. (Ord. 6269 § 31, 2009 )
Ordinance No. 6435
October 30, 2012
Page 12 of 14
ORD.E Page 227 of 597
2. Other Zones where permitted
a. Fueling station canopies shall not exceed 20 feet in height or the height of
the principal building, whichever is less;
b. Canopies shall be architecturally integrated with the principal building and
all other accessory structures on the site through the use of the same or compatible
materials, colors, and roof pitch.
c. Any lighting fixtures or sources of light that are a part of the underside of
the canopy shall be recessed into the underside of the canopy so as not to protrude
below the canopy ceiling surface more than 2 inches.
d. All surfaces for exterior building fagades or canopies shall be finished to
match the surfaces of the principal structure.
D Vehicle services— repair/body work
1 C-2 Zone
a. No vehicles stored outside that are not operable unless such vehicles are
contained within a fenced and paved area. The entire perimeter of the outdoor storage
area shall be landscaped with landscaping pursuant to 18.50.040 C(5). The maximum
size of the outdoor storage area shall be no more than 25 percent of the associated
building area.
2. Other Zones where permitted
a. Outdoor work areas shall be fenced, walled or screened to minimize on
and off-site noise, glare, odor, or other impacts.
b. All repair work or lubrication shall be conducted within the principal
building. All permanent storage of materials, merchandise, or repair and servicing
equipment shall be contained within the principal building.
c. All body work and painting shall be conducted within fully enclosed
buildings.
d. No operator shall permit the storage of motor vehicles for a period in
excess of twenty-four (24) hours unless the vehicles are enclosed in the principal
building.
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Ordinance No. 6435
October 30, 2012
Page 13 of 14
ORD.E Page 228 of 597
Section 4. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law
INTRODUCED•
PASSED-
APPROVED•
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APPROVED AS TO FOR
Dani B. eid, City Atto ey
Published:
Ordinance No 6435
October 30, 2012
Page 14 of 14
ORD.E Page 229 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject: Proposed amendments to Title 18 - Zoning, of the
Auburn City Code related to non-residential zones (Code Update Project
– Phase 2 - Group 2).
Date: September 21, 2012
Department: Planning and
Development
Attachments: See Exhibit list below. Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on the proposed
amendments and make a recommendation to City Council.
Background Summary:
The Code Update Project began in September 2008 and is progressing in two phases. Phase 1,
completed in June of 2009, updated the City’s residential-related zoning districts (Title 18 ACC) and
subdivision code (Title 17 ACC). Phase 2 updates the City’s non-residential related zoning districts (Title
18 ACC). Because Phase 2 involved a number of zoning code amendments it was divided into two
groups. Group 1 was completed in December of 2011 and amended the following chapters in Title 18
ACC: Landscaping and Screening, Off-street Parking and Loading, and Variances, Special Exceptions
and Administrative Appeals. Group 1 also added a new chapter related to Outdoor Lighting.
The Code Update Project is intended to meet four key objectives:
* Improve development code readability and ease of use;
* Update technical content to address known issue areas and better support the City’s development
review and quasi-judicial decision process;
* Ensure development code and design standards are coordinated and consistent with Auburn’s
Comprehensive Plan and other state land use and environmental requirements;
* Promote sustainability concepts where feasible.
The proposed amendments (Phase 2, Group 2) will affect the current zoning code as follows:
Add new definitions, consolidate chapters that currently regulate the City’s non-residential zones (land
uses and development standards) and create a new chapter containing standards for specific land uses.
The October 2, 2012 Planning Commission meeting will involve a public hearing on the proposed code
amendments. The Planning Commission is advisory to the City Council and will make a recommendation
to the City Council on the proposed code amendment.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Wagner
Meeting Date: October 2, 2012 Item Number:
ORD.E Page 230 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 2 of 6
A. RESPONSIBLE DEPARTMENT:
City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director
B. RESPONSIBLE STAFF:
Stuart Wagner, AICP Planner, City of Auburn Planning and Development Department
C. AREA OF IMPACT:
Citywide
D. PLANNING COMMISSION PUBLIC HEARING DATE:
October 2, 2012
E. CITY COUNCIL ORDINANCE CONSIDERATION DATE:
Currently scheduled for November 19, 2012
F. FINDINGS OF FACT:
1. Title 18 of the Auburn City Code (ACC), includes Chapter 18.68, Amendments, which
addresses amendments to Title 18, Zoning.
2. The proposed code amendment adds new definitions, consolidates chapters that currently
regulate the City’s non-residential zones (land uses and development standards) and creates
a new chapter containing standards for specific land uses.
3. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as
discussed under the conclusions’ section of this report.
4. A Determination of Non-Significance was issued for the City initiated Code Amendments on
July 16, 2012 under city file SEP12-0022. The Determination of Non-Significance was
published in the July 16, 2012 edition of the Seattle Times. No comments were received from
the commenting agencies or appeals filed.
5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required for the 60-day state review. An
acknowledgement letter was received on July 23, 2012. No comments were received from
Commerce or other state agencies as of the writing of this report.
6. Initial concepts were reviewed by the Planning and Community Development Committee on
March 8, 2012 and March 20, 2012 and the Committee provided initial policy feedback to
staff.
7. The Planning Commission conducted a duly noticed work study session at the regular
meetings on August 21, 2012, September 5, 2012 and October 2, 2012 to review and
discuss with staff potential amendment issues and ideas inclusive of the potential
amendments to Title 18 (Zoning).
ORD.E Page 231 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 3 of 6
8. The public hearing notice was published on September 21, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for October 2, 2012.
9. The following conclusions support the proposed amendments to Title 18, Zoning, scheduled
for the Planning Commission’s October 2, 2012 public hearing with a staff recommendation.
G. Conclusions
1. Pursuant to Auburn City Code (ACC) Section 18.68.030 and 18.68.040, the following public
process is applicable:
18.68.030 Public hearing process
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the city
council who may or may not conduct a public hearing.
18.68.040 Public hearing notice requirements
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, at least 10 days prior to the public hearing and by posting the
notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, prior to the public hearing and by posting the notice in three
general public locations.
Comment:
The public hearing before the Planning Commission is scheduled for October 2, 2012
meeting the requirement under ACC 18.68.030. The public hearing notice was published in
the Seattle Times, the City’s official newspaper, on September 21, 2012 at least 10 days
prior to the public hearing. The public hearing notice was also posted at City Hall (25 West
Main Street), the Customer Service Center (One East Main Street), and the City’s Senior
Activity Center meeting the requirement for posting the notice in three general public
locations.
2. The proposed amendments to Title 18 (Zoning) are intended to reorganize and update
regulations and standards to create a more logical flow in the regulation of land uses and to
appropriately reflect changes in state law. In addition, these amendments are intended to
reduce redundancy and vagueness, add or modify definitions and make the regulations
easier to use and understand.
3. The proposed amendments to Title 18 (Zoning) do not require any changes to the City’s
current critical area regulations contained in ACC 16.10 (Critical Areas). Any future
development subject to the proposed amendments to Title 18 will still be required to
demonstrate compliance to applicable standards and regulation specified in ACC 16.10.
4. The proposed amendments to Title 18 (Zoning) will support current and future land and
shoreline uses that are consistent with the City’s current Comprehensive Plan and current
Shoreline Master Program. Staff has not proposed substantive or non-substantive
ORD.E Page 232 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 4 of 6
amendments to Title 18 that would be deemed inconsistent with the City’s adopted plans and
policies.
5. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for
text amendments to the zoning title. At a minimum, proposed text amendments are to be
consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040. The proposed
code amendment is supported by the following Comprehensive Plan Objectives and Policies:
CITY OF AUBURN COMPREHENSIVE PLAN
GOAL 9. COMMERCIAL DEVELOPMENT
To maintain and establish a variety of commercial environments which provide the full range
of commercial services to the community and region in a manner which reduces conflicts
between different types of commercial services and other uses.
Discussion: Commercial uses range from a small corner store providing service primarily
to the neighborhood around it to a large shopping mall which serves the entire region.
Auburn contains both of these types of commercial uses and recognizes their importance
in providing service to both Auburn and regional residents. The City will provide
opportunities for the full range of commercial uses while insuring that their impacts on
each other and on other uses are minimized.
Comment:
The proposal will add new land use tables, ones divided by major land use categories i.e.
Industrial and Manufacturing vs. Residential vs. Retail vs. Service, e.g. Within these new
land use tables are new uses including commercial recreational facilities, live/work or
work/live unit, building and landscaping sales, outdoor displays and sales associated with a
permitted use, fueling station, and others, thereby providing a full range of commercial uses
in the city’s non-residential zones.
GOAL 2. FLEXIBILITY
To provide predictability in the regulation of land use and development, especially where
residential uses are affected, but to also provide flexibility for development through
performance standards that allow development to occur while still protecting and enhancing
natural resources and critical lands in overall compliance with this comprehensive
plan.
Objective 2.1. To provide assurance that residential areas will be protected from
intrusions by incompatible land uses.
Policies:
GP-11 Ordinance provisions designed to protect residential areas shall give priority to
providing predictability and stability to the neighborhood
GP-12 Adequate buffering shall be required whenever new commercial or industrial uses
abut areas designated for residential uses
GOAL 11. INDUSTRIAL DEVELOPMENT
To provide for, establish and maintain a balance of industrial uses that respond to local and
regional needs and enhance the City's image through optimal siting and location, while
ORD.E Page 233 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 5 of 6
taking into consideration tax policy impacts of streamlined sales tax and/or other similar
legislation.
Objective 11.2. To establish performance standards appropriate for developing industrial
areas.
Policies:
LU-99 Compatibility among land uses should be enhanced through landscaping, building
orientation and setbacks, traffic control and other measures to reduce potential conflicts.
LU-100 All industrial development should incorporate aesthetically pleasing building and
site design. The City shall amend its codes and performance standards which govern
industrial development to implement this policy.
a. Procedures shall be established to ensure aesthetically pleasing building and site
design in areas designated for light industrial areas.
b. Appropriate landscaping and site development standards shall regulate site
development in heavy industrial areas.
c. Unsightly views, such as heavy machinery, service entrances, storage areas,
rooftop equipment, loading docks, and parking areas should be screened from view
of adjacent retail, commercial, light industrial and residential areas and
from public streets.
LU-107 Land made available for industrial development, and uses allowed in industrial
zones, shall take into consideration impacts of tax policy and tax structure upon the City
of Auburn.
Comment:
The land uses tables described above are structured in a way that will establish and maintain
a balance of industrial uses, ranging from warehousing and distribution to storage to
manufacturing. Residential uses will be protected through greater setbacks (when abutting
non-residential uses) and through additional development standards (on siting, aesthetic, or
operational). New specific standards have been created for outdoor displays and sales,
towing storage yards, automobile washes, and other uses to mitigate their potential adverse
impacts. The proposed amendments to the zoning code will be consistent with the
comprehensive plan in that they would conform to the land use goals and policies listed
above.
Objective 11.7. To promote and incentivize increased retail uses in industrial zoning
districts.
Policies:
LU-116 Changes in comprehensive plan and zoning policies and standards should be
implemented to create regulatory controls and incentives for the increased use of land
and buildings to for sales tax producing commercial retail uses.
Comment:
Additional sales tax generating land uses are proposed to be permitted outright in the city’s
industrial zones (M1, light industrial and M2, heavy industrial). These additional land uses
include building and landscaping material sales, nurseries, convenience and grocery stores,
retail establishments of varying size, and wholesaling with on-site retail as an incidential use.
ORD.E Page 234 of 597
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 6 of 6
The latter use would allow for bakeries and coffee roaster to sell goods they make on site.
The proposed amendments to the zoning code would help meet comprehensive plan
objective 11.7 above.
GOAL 17. ECONOMIC DEVELOPMENT
To ensure the long-term economic health of the City and the region through a diversified
economic base that supports a wide range of employment opportunities for Auburn's
residents and those of the region and through the promotion of quality industrial and
commercial development which matches the aspirations of the community.
Objective 9.3. Develop effective land use polices and economic development strategies
that provide long-term and stable employment, increase per capita income
and reduce the tax burden of Auburn residents.
Policies:
ED-16 Warehouse and distribution land uses are not a preferred longterm economic
development and land use priority for industrial zoned areas in the City due to the loss of
sales tax revenue associated with the State’s implementation of streamlined sales tax
legislation in 2008, no substantive contribution to an increase in per capita income for
Auburn residents, no reduction in the tax burden of Auburn residents, low employment
densities, lower property values and land use inefficiencies.
Comment:
Because the City of Auburn Comprehensive Plan contains policies stating that warehouse
and distribution land uses are not a preferred long term economic development and land use
priority for industrial zoned areas in the City due to a loss of sales tax revenue associated
with the State’s implementation of streamline sales tax legislation, the new land use tables
have motor freight terminals (new) listed as a prohibited use and a number of sales tax
producing commercial retail uses have been added. These amendments are consistent with
the goals and policies of the comprehensive plan.
Staff Recommendation
The Planning Commission recommends approval to the City Council of the proposed zoning code
text amendment as presented by staff based on the findings of fact and conclusions.
Exhibits
Exhibit 1: Staff Report
Exhibit 2: Auburn City Code Chapter 18.04 – Definitions (revised)
Exhibit 3: Auburn City Code Chapter 18.23 – Commercial and Industrial Zones (new)
Exhibit 4: Auburn City Code Chapter 18.35 – Special Purpose Zones (new)
Exhibit 5: Auburn City Code Chapter 18.57 – Standards for Specific Land Uses (new)
Exhibit 6: Determination of Non-Significance and Affidavit of Publication
Exhibit 7: Environmental Checklist
Exhibit 8: Public Hearing Notice and Affidavit of Publication
Exhibit 9: Letter to Department of Commerce for 60-day State Review
Exhibit 10: Acknowledgment letter from Department of Commerce
ORD.E Page 235 of 597
CITY OF
AUBURNPeter B. Lewis, Mayor
WAASHWASHINGTONGTON 25 West Maln Street * Auburn WA 98001.4998 * www.auburnwo.gov * 253-931-3000
Determination of Non-Significance
Amendments to Title 18 -Zoning,of the Auburn City Code
Code Update Project-Phase 2—Grouping 2
City of Auburn File No: SEP12-0022
Related File No: ZOAl2-0007 i
Description of Proposal: Group 2 of Phase 2 Code Amendments to Title 18 - Zoning, of the
Auburn City Code (see detailed description of proposal on attached
page).
Proponent: City of Auburn Planning and Development Department
25 West Main Street,Auburn WA 98001
Stuart Wagner, Planner
253)931-3090
swagner@auburnwa.gov
Location: City-wide
Lead Agency City of Auburn
The lead agency for this proposal has determined that it does not have probable significant adverse
impact on the environment. An environmental Impact statement (EIS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and
other information on file with the lead agency This information is available to the public on request.
This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days
from the date issued below. Comments must be submitted by 5:00 p.m. on July 30, 2012. Any
person aggrieved of the City's Determination may file an appeal with the Auburn City Clerk within 14
days of the close of the comment period,or by 5:00pm on August 13, 2012.
Responsible Official: Kevin H. Synder,AICP
Position/Title: Director, Planning and Development Department
Address: 25 West Main Street
Auburn,Washington 98001
Telephone:253)931-3090
Date Issued: July 16. 2012 Signature:
T `
Note: This determination does not constitute approval of the proposal. Approval of the
proposal can only be made by the legislative or administrative body vested with that
authority. The proposal Will be required to meetall applicable regulations.
AUBURN * mop r. THAN YOU IMAGINEDORD.E Page 236 of 597
Description of Proposal—Code Update Project-Phase 2—Grouping 2
The proposal Is the second of two phases of an update to the City of Auburn Zoning Code. Phase 1
updated the City's residential-related zoning districts (Title 18 ACC) and subdivision code (Title 17
ACC). Phase 2 updates the City's non-residential related zoning districts (Title 18 ACC) and
chapters that regulate non-residential and multi-family developments such as off-street parking and
loading and landscaping and screening.
The goals of the Code Update project include:
Improve development code readability and ease of use;
Update technical content to address known issue areas and better support the City's
development review and quasi-judicial decision process;and
Ensure development code and design standards are coordinated and consistent with
Auburn's Comprehensive Plan and other state land use and environmental requirements;
and
Promote sustainabiiity concepts where feasible.
The proposal under this Determination of Non-Significance (Code Update Project — Phase 2 -
Grouping 2) will add new definitions, consolidates chapters that currently regulate the City's non-
residential zones (uses and development standards), creates a new Chapter containing standards
for specific land uses and moves the Hearing Examiner chapter out of Title 18-Zoning and into Title
2—Administration and Personnel.
i
i
ORD.E Page 237 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4852
Date:
October 24, 2012
Department:
Planning and Development
Attachments:
Ord 4852
Attachment A
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Resolution No. 4852.
Background Summary:
The Facilities Division has undertaken a heating, ventilation and air cooling (HVAC)
upgrade project at the Auburn Justice Center. This project is part of the continuing
energy conservation efforts to reduce electric, gas and other resource consumption
throughout all city buildings, facilities and infrastructure.
The scope of work includes:
Retrofit and upgrade existing HVAC controls to web-based/open-architecture/non-
proprietary control system for all rooftop units and interior Ventelation Air Volume
(VAV) boxes.
Install new direct digital controls with graphical display interface to allow ease of
operation and "in-house" energy efficient programming.
Insall new ducting from existing roof top unit to supply police operations area with
HVAC during weekends when other areas of building are not in operation (i.e.
Courts).
Install demand control ventilation in Courtrooms, 3rd floor workout room and
meeting rooms.
Provide testing, balancing and on-going measurement and verification of building
performance to ensure energy savings are achieved per contract.
The project was undertaken with an energy savings guarantee provided by the
contractor. It is estimated that the project cost (not including the conservation grant) will
be offset by energy savings in approximately 3.5 years.
This project is eligible for a Puget Sound Energy Conservation Grant in the amount of
$35,860. In order to receive this grant, City Council authorization of Resolution No. 4852
is required.
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 238 of 597
Reviewed by Council Committees:
Finance, Municipal Services Other: Planning
Councilmember:Partridge Staff:Snyder
Meeting Date:November 5, 2012 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 239 of 597
RESOLUTION NO. 4 8 5 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
CONSERVATION GRANT AGREEMENT BETWEEN
THE CITY OF AUBURN AND PUGET SOUND
ENERGY
WHEREAS, Puget Sound Energy offers grants for electricity and natural
gas conservation measures installed or implemented at facilities that receive
electric or natural gas service from Puget Sound Energy; and
WHEREAS, the City intends to install or implement conservation
measures and is requesting a grant from Puget Sound Energy; and
WHEREAS, the Conservation Grant would provide funding to assist with
the installation and implementation of the conservation measures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section..1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute a Conservation Grant Agreement between the
City of Auburn and Puget Sound Energy which agreement shall be in
substantial conformity with the Agreement attached hereto as Exhibit "A" and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 4852
August 21, 2012
Page 1 of 2RES.A Page 240 of 597
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APP V ED S 0 FORM:
Daniel B. HeM, City Attorn
Resolution No. 4852
August 21, 2012
Page 2 of 2RES.A Page 241 of 597
PUGET SOUND ENERGY
The Energy To Do Great Things
CONSERVATION GRANT
Agreement No.C-11689
Project No..087-5881
Conservation Schedule E256
This AGREEMENT is made this day of 20 by and between
PUGET SOUND ENERGY and City of Auburn("Participant").
RECITALS
A. Under Puget Sound Energy's Electric Schedule 83 and Gas Schedule 183,as currently in effect and on file with
the Washington Utilities and Transportation Commission,Puget Sound Energy offers grants for electricity and
natural gas conservation measures installed or implemented at facilities that receive electric or natural gas
service from Puget Sound Energy
B. Participant intends to install or implement conservation measures and is requesting a grant from Puget Sound
Energy under its filed Electric Schedule 83 and/or Gas Schedule 183 tariffs.
AGREEMENTS
Puget Sound Energy and Participant agree as follows:
1. Premises.Participant will install or implement the conservation measures listed in paragraph 2("Conservation
Measures")at the facilities located at 340 E MAIN ST AUBURN,WA 98002-AUBURN JUSTICE CENTER
the"Premises").Participant represents either(a)-that if is-the owiiei or contract purchaser or otherwise has the
lawful authority to make the statements herein on behalf of the owner or contract purchaser of the Premises,or(b)
that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner or contract
purchaser of the Premises.
2. Conservation Measures.Participant represents that it will purchase equipment or materials or has entered into
an agreement or will enter into an agreement with a contractor or contractors(the"Contractor")for the
purchase and installation or implementation at the Premises of the Conservation Measures,which may be
detailed in Attachment&Attachment to Conservation Grant,at the indicated costs,summarized below
Total'Cost of Eligible
d_ onservatlon Measure i:onservation. Conservation'Measures L'lfe Measures
1 HVAC controls only 10 51,228.00 $35,860.00
TOTAL (includes sales tax) 51,228.00 $35,860.00
Participant represents that the total cost of the Conservation Measures,if identified above,is the full amount of
its obligation,after adjustment for any discounts,credits or non—PSE incentives offered.
3. Grant.Subject to Puget Sound Energy acceptance,Puget Sound Energy will grant the Participant,after
installation of the Conservation Measures,an amount equal to the Eligible Electric Schedule 83 and Gas
Schedule 183 Conservation Grant(the"Grant")as identified above,provided,however,that such Conservation
Measures must be installed,and Grant paid within 24 months or less of the signing of this Conservation Grant
Agreement.If for any reason the cost of the Conservation Measures is actually less than shown above,Puget
Sound Energy shay decrease prorata the amount of the Grant.Participant shall be responsible for paying any
amount in excess of the amount of the Grant.
438610/08 Agreement No C-11689 Page t of
RES.A Page 242 of 597
PUGET SOUND ENERGY
The Energy To Do Great Things
CONSERVATION GRANT
4. Separate Contract.The purchase and installation of the Conservation Measures shall be pursuant to a separate
contract between Participant and Contractor.Puget Sound Energy is not,and shall not be deemed to be,a party
to any purchase or installation contract.All obligations to any Contractor pursuant to any such contract shall be
Participants responsibility Participant expressly acknowledges that Puget Sound Energy's involvement with
respect to the Conservation Measures,including but not limited to any energy analysis or inspection by Puget
Sound Energy of the Premises or the Conservation Measures,is solely undertaken in connection with
furnishing the Grant.
5. The types of materials,methods of installation,quality and timing thereof,and any warranties with respect
to the Conservation Measures or their installation at the Premises,are matters to be agreed upon solely
between Participant and any Contractor.PUGET SOUND ENERGY HAS NOT MADE AND DOES
NOT MAKE(AND PARTICIPANT ACKNOWLEDGES THAT PUGET SOUND ENERGY DOES
NOT MAKE)ANY IMPLIED OR EXPRESS WARRANTY(INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS)
REPRESENTATION,OR PROMISE WITH RESPECT TO EITHER(A)THE CONSERVATION
MEASURES,(B)ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE
INSTALLATION OF THE CONSERVATION MEASURES,OR(C)THE INSTALLATION OF
THE CONSERVATION MEASURES.
6. Release.Participant releases Puget Sound Energy from any and all claims,losses,harm,costs,liabilities,
damages and expenses directly or indirectly resulting from or in connection with(a)the Conservation
Measures,(b)any materials and labor required for or used in the installation of the Conservation Measures,(c)
the installation of the Conservation Measures,or(d)the identification,handling and disposal of any associated
hazardous waste materials.
7 Disclaimer Puget Sound Energy conducts energy analyses at the request of its customers to determine the
extent to which conservation measures are cost-effective.Any estimate of energy savings made by Puget
Sound Energy in connection with any such analyses is solely for the purpose of determining the cost-
effectiveness of the particular conservation measures and not to be used for any other purpose.Puget Sound
Energy has not and does not make any promise,warranty or representation with respect to any savings in
energy consumption from Conservation Measures.
8. Termination.In the event a Participant's contribution to Puget Sound Energy's(PSE)recovery of energy
ffieciency program costs is affected by all or a portion of Participant's electric and/or gas delivery service being
provided by a party other than PSE,then Participant shall refund to PSE an amount equal to the ratio of the
unused Measure Life of the measure(s)to the total Measure Life of such Conservation Measure(s)multiplied
by the dollar amount of the Grant with respect to such Conservation Measure(s).
9. Incorporation of tariffs by reference.This Agreement and the Attachment To Conservation Grant are subject
to the terms of the filed Electric Schedules 83 and Gas Schedules 183 tariffs,which are incorporated herein by
this reference. Further,specific terms and conditions from one or more Conservation Schedules(including but
not limited to:Electric Schedules 217(Multi-Family Existing Structure);218(Multi-Family New
Construction);250(Commercial and Industrial Retrofit Program);251 (Commercial and Industrial New
Construction Efficiency);or 258(Large Power User Self Directed Program)and Gas Schedules 205
CommereiaVlndustrial Retrofit Program);217(Multi-Family Existing Structures);218(Multi-Family New
Construction);or 251(CommerciaVlndustrial New Construction Efficiency)may also apply Puget Sound
Energy will detemtine,at its sole discretion,which Conservation Schedule or Schedules apply This
determination will be based on,but not limited to metering type,construction type,building size,Puget Sound
Energy experience and other industry standards.The applicable Schedule or Schedules number or numbers
appear in the title of this Agreement above. A complete list of conservation Schedules is available at:
4386 10/08 Agreement No.C-11689 Page 2 of 3
RES.A Page 243 of 597
PUGET SOUND ENERGY
The Energy To Do Great Things
CONSERVATION GRANT
http://Dse.coin/aboutose/Rates/Pages/Electric-Rate-Schedules.aspx'?Schedule x0020 Tyne=Conservation.
10. Entire Agreement.This Agreement sets forth the entire agreement between the parties and supersedes any and
all prior agreements with respect to the Conservation Measures.No change,amendment or modification of any
provision of this Agreement shall be valid unless set forth in writing and signed by both parties.
PUGET SOUND ENERGY PARTICIPANT
By By
Name: David Landers Print Name:
Title: Mgr.,Business Energy Management Title:
Federal Tax I.D.No.
A/by
4386 10108 Agreement No.C-11689 Page 3 of 3
RES.A Page 244 of 597
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RES.A Page 245 of 597
PUGET SOUND ENERGY
rho Energy ro Do direst Th/nes
ATTACHMENT TO CONSERVATION GRANT
Conservation Measu s shall be verified as follows prior to Grant payment:
A, PSE representative to confirm sheet metal modification that enabled RTU-1 to be scheduled from
8:00 AM to 4:00 PM Monday through Friday
B. Contractor shall verify proper Installation and operation of the controls to PSE and Owner following
the agreed verification procedures. Trend data,with agreed upon points and sampling rate, is required
to check actual operation of control sequences including control features 1-5 and those required by
WSEC.After verification results are provided showing system is operating correctly PSE will do a site
visit and any verification test procedure may need to be repeated. Controls contractor must be present
to run through these tests.
C. Control sequences and verification procedures shall at least include the following:
1 VAV Terminal Box Control
Zone Temperature and Airflow Sensors (calibration and setpoint)
Terminal Fan Control; Occupied& Unoccupied operation
2.AHU Control
Controlling sensors calibration (eg, Duct static pressure, SAT MAT OAT)
Morning Warm-Up and Optimum Start/Stop sequences
Supply Air Temperature reset& Duct Static Pressure reset
Economizer Control
Minimum outside air control
3. Schedule(7 days/week, holidays)
Equipment Enable
Each Zone occupied and unoccupied times and setpoints.
Zoning (boxes tied to correct zones)
4 Test and Balance Report
Duct static pressure setpoints for energy efficiency
Building static pressure&Minimum OA cfm
5.Verify proper operation of HVAC safety and life support functions as required by owner
If intended energy savings are not being achieved by Conservation Measures)because specified equipment efficiency parameters or
performance parameters defined above are not used,Participant shall be required to correct such deficiencies prior to Grant payment.
Failure to comply with apecified equipment efficiency or performance parameters may result In forfeiture or reduction of Grant payment.
PUGET SOUND ENERGY PARTICIPANT
By: By
Name: David Landers Print Name:
Title. Manager,Business Energy Management Tide
Federal Tax I.D.No.
By
Name:
Tide: Grant No. C-11889
Project No. 087-5881
Q86 00.'08 PAGE 2OF2
RES.A Page 246 of 597
CONSERVATION GRANT
4386 10/08 Agreement No. C-11689 Page 1 of 3
Agreement No. C-11689
Project No. 087-5881
Conservation Schedule E250
This AGREEMENT is made this _______ day of ___________________, 20_______, by and between
PUGET SOUND ENERGY and City of Auburn (“Participant”).
RECITALS
A. Under Puget Sound Energy’s Electric Schedule 83 and Gas Schedule 183, as currently in effect and on file with
the Washington Utilities and Transportation Commission, Puget Sound Energy offers grants for electricity and
natural gas conservation measures installed or implemented at facilities that receive electric or natural gas
service from Puget Sound Energy.
B. Participant intends to install or implement conservation measures and is requesting a grant from Puget Sound
Energy under its filed Electric Schedule 83 and/or Gas Schedule 183 tariffs.
AGREEMENTS
Puget Sound Energy and Participant agree as follows:
1. Premises. Participant will install or implement the conservation measures listed in paragraph 2 (“Conservation
Measures”) at the facilities located at 340 E MAIN ST AUBURN, WA 98002 - AUBURN JUSTICE CENTER
(the “Premises”). Participant represents either (a) that it is the owner or contract purchaser or otherwise has the
lawful authority to make the statements herein on behalf of the owner or contract purchaser of the Premises, or (b)
that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner or contract
purchaser of the Premises.
2. Conservation Measures. Participant represents that it will purchase equipment or materials or has entered into
an agreement or will enter into an agreement with a contractor or contractors (the “Contractor”) for the
purchase and installation or implementation at the Premises of the Conservation Measures, which may be
detailed in Attachment D: Attachment to Conservation Grant, at the indicated costs, summarized below.
Conservation
Measures
Measure
Life
Total Cost of
Conservation
Measures
Eligible
Conservation
Grant
1 HVAC controls only 10 $51,228.00 $35,860.00
TOTAL (includes sales tax) $51,228.00 $35,860.00
Participant represents that the total cost of the Conservation Measures, if identified above, is the full amount of
its obligation, after adjustment for any discounts, credits or non–PSE incentives offered.
3. Grant. Subject to Puget Sound Energy acceptance, Puget Sound Energy will grant the Participant, after
installation of the Conservation Measures, an amount equal to the Eligible Electric Schedule 83 and Gas
Schedule 183 Conservation Grant (the “Grant”) as identified above, provided, however, that such Conservation
Measures must be installed, and Grant paid within 24 months or less of the signing of this Conservation Grant
Agreement. If for any reason the cost of the Conservation Measures is actually less than shown above, Puget
Sound Energy may decrease prorata the amount of the Grant. Participant shall be responsible for paying any
amount in excess of the amount of the Grant.
RES.A Page 247 of 597
CONSERVATION GRANT
4386 10/08 Agreement No. C-11689 Page 2 of 3
4. Separate Contract. The purchase and installation of the Conservation Measures shall be pursuant to a separate
contract between Participant and Contractor. Puget Sound Energy is not, and shall not be deemed to be, a party
to any purchase or installation contract. All obligations to any Contractor pursuant to any such contract shall be
Participant’s responsibility. Participant expressly acknowledges that Puget Sound Energy’s involvement with
respect to the Conservation Measures, including but not limited to any energy analysis or inspection by Puget
Sound Energy of the Premises or the Conservation Measures, is solely undertaken in connection with
furnishing the Grant.
5. The types of materials, methods of installation, quality and timing thereof, and any warranties with respect
to the Conservation Measures or their installation at the Premises, are matters to be agreed upon solely
between Participant and any Contractor. PUGET SOUND ENERGY HAS NOT MADE AND DOES
NOT MAKE (AND PARTICIPANT ACKNOWLEDGES THAT PUGET SOUND ENERGY DOES
NOT MAKE) ANY IMPLIED OR EXPRESS WARRANTY (INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS)
REPRESENTATION, OR PROMISE WITH RESPECT TO EITHER (A) THE CONSERVATION
MEASURES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE
INSTALLATION OF THE CONSERVATION MEASURES, OR (C) THE INSTALLATION OF
THE CONSERVATION MEASURES.
6. Release. Participant releases Puget Sound Energy from any and all claims, losses, harm, costs, liabilities,
damages and expenses directly or indirectly resulting from or in connection with (a) the Conservation
Measures, (b) any materials and labor required for or used in the installation of the Conservation Measures, (c)
the installation of the Conservation Measures, or (d) the identification, handling and disposal of any associated
hazardous waste materials.
7. Disclaimer. Puget Sound Energy conducts energy analyses at the request of its customers to determine the
extent to which conservation measures are cost–effective. Any estimate of energy savings made by Puget
Sound Energy in connection with any such analyses is solely for the purpose of determining the cost–
effectiveness of the particular conservation measures and not to be used for any other purpose. Puget Sound
Energy has not and does not make any promise, warranty or representation with respect to any savings in
energy consumption from Conservation Measures.
8. Termination. In the event a Participant’s contribution to Puget Sound Energy’s (PSE) recovery of energy
efficiency program costs is affected by all or a portion of Participant’s electric and/or gas delivery service being
provided by a party other than PSE, then Participant shall refund to PSE an amount equal to the ratio of the
unused Measure Life of the measure(s) to the total Measure Life of such Conservation Measure(s) multiplied
by the dollar amount of the Grant with respect to such Conservation Measure(s).
9. Incorporation of tariffs by reference. This Agreement and the Attachment To Conservation Grant are subject
to the terms of the filed Electric Schedules 83 and Gas Schedules 183 tariffs, which are incorporated herein by
this reference. Further, specific terms and conditions from one or more Conservation Schedules (including but
not limited to: Electric Schedules 217 (Multi-Family Existing Structure); 218 (Multi-Family New
Construction); 250 (Commercial and Industrial Retrofit Program); 251 (Commercial and Industrial New
Construction Efficiency); or 258 (Large Power User Self Directed Program) and Gas Schedules 205
(Commercial/Industrial Retrofit Program); 217 (Multi-Family Existing Structures); 218 (Multi-Family New
Construction); or 251 (Commercial/Industrial New Construction Efficiency) may also apply. Puget Sound
Energy will determine, at its sole discretion, which Conservation Schedule or Schedules apply. This
determination will be based on, but not limited to metering type, construction type, building size, Puget Sound
Energy experience and other industry standards. The applicable Schedule or Schedules number or numbers
appear in the title of this Agreement above. A complete list of conservation Schedules is available at:
RES.A Page 248 of 597
CONSERVATION GRANT
4386 10/08 Agreement No. C-11689 Page 3 of 3
http://pse.com/aboutpse/Rates/Pages/Electric-Rate-Schedules.aspx?Schedule_x0020_Type=Conservation.
10. Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes any and
all prior agreements with respect to the Conservation Measures. No change, amendment or modification of any
provision of this Agreement shall be valid unless set forth in writing and signed by both parties.
PUGET SOUND ENERGY PARTICIPANT
By: By:
Name: David Landers Print Name:
Title: Mgr., Business Energy Management Title:
Federal Tax I.D. No.:
RES.A Page 249 of 597
ATTACHMENT TO CONSERVATION GRANT
4385 04/09 PAGE 1 OF 2
Agreement No. C
Project No.
Conservation Measure(s) shall consist of the following:
The above specifications are solely for the purpose of defining energy-related components of Conservation Measure(s) for
which the Grant is offered. Puget Sound Energy is not responsible for ensuring the health, safety, comfort, or well-being of
workers or facility occupants or the suitability of equipment selected for the intended application. It is the responsibility of
the grant Participant and the Participant’s hired designers, contractors, consultants to ensure compliance of the
Conservation Measure(s) with Participant’s needs and all applicable codes and standards.
The following shall be submitted by Participant prior to Grant payment:
Completed Request for Taxpayer Identification Number (“Form W-9”) or Assignment of Funds Form (assigns grant
Payment to Contractor).
Copies of invoicing (no purchase orders, quotes, or estimates) for all expenses, including but not limited to
equipment, materials, and labor associated with installation of Conservation Measure(s).
Completed PSE Lighting Waste Disposal Form 3738.
Other (specify):
11689
✔
✔
✔
A. Based on the proposal submitted by MacDonald-Miller Facility Solutions dated on 3/25/2012,
provide necessary sheet metal changes to allow RTU-1 to be scheduled from 8:00 AM to 4:00 PM
Monday through Friday, rather than the current 24/7 operation.
B. Based on the proposal submitted by MacDonald-Miller Facility Solutions dated on 3/25/2012,
replace existing building HVAC controls with TRIDIUM JACE controls. Control features shall include
those required by Washington State Energy Code (WSEC) and features 1-5 outlined below:
1. Static Pressure Reset on Supply Fan using a minimum of 2 zones to determine actual demand
2. Cooling and heating setpoints for occupied and unoccupied periods.
3. Supply temperature setpoint reset based on zone demand
4. Optimum Start/Stop with OSA closed unless economizing for all units
5. Schedules and setpoints for zones and HVAC equipment (7 days/week plus holidays)
C. Contractor shall provide a Systems Manual for building operator, including HVAC schematics,
control sequences, operating schedules, setpoints, and procedures for verifying functioning of controls.
D. Contractor shall provide training for building operator in the proper operation of the building
controls. The Systems Manual shall be used as a reference during this training.
E. Contractor shall provide proposed schedules and setpoints, drawings with control sequences and
points list and verification procedures to Owner and PSE for review prior to installation of new controls.
F. Contractor shall provide a test and balance report.
1. Owner and PSE shall review schedules, setpoints, control sequences, points list and verification
procedures. Recommend changes as appropriate. System Manual is on-site reviewed by PSE.
2. Provide verification documentation to PSE in accord with above verification procedures. Trend
data shall be organized, include summary graphs & be reviewed by contractor prior to submission.
3. Owner’s certification that adequate control system training has been provided to building operator
4. Test and Balance report
0875881
RES.A Page 250 of 597
ATTACHMENT TO CONSERVATION GRANT
4385 04/09 PAGE 2 OF 2
Conservation Measure(s) shall be verified as follows prior to Grant payment:
If intended energy savings are not being achieved by Conservation Measure(s) because specified equipment efficiency parameters or
performance parameters defined above are not used, Participant shall be required to correct such deficiencies prior to Grant payment.
Failure to comply with specified equipment efficiency or performance parameters may result in forfeiture or reduction of Grant payment.
PUGET SOUND ENERGY PARTICIPANT
By: By:
Name: Print Name:
Title: Title:
Federal Tax I.D. No.:
By:
Name:
Title:
Grant No.: C-11689
Project No.: 087-5881
David Landers
Manager, Business Energy Management
A. PSE representative to confirm sheet metal modification that enabled RTU-1 to be scheduled from
8:00 AM to 4:00 PM Monday through Friday.
B. Contractor shall verify proper installation and operation of the controls to PSE and Owner, following
the agreed verification procedures. Trend data, with agreed upon points and sampling rate, is required
to check actual operation of control sequences including control features 1-5 and those required by
WSEC. After verification results are provided showing system is operating correctly, PSE will do a site
visit and any verification test procedure may need to be repeated. Controls contractor must be present
to run through these tests.
C. Control sequences and verification procedures shall at least include the following:
1. VAV Terminal Box Control
- Zone Temperature and Airflow Sensors (calibration and setpoint)
- Terminal Fan Control; Occupied & Unoccupied operation
2. AHU Control
- Controlling sensors calibration (eg, Duct static pressure, SAT, MAT, OAT)
- Morning Warm-Up and Optimum Start/Stop sequences
- Supply Air Temperature reset & Duct Static Pressure reset
- Economizer Control
- Minimum outside air control
3. Schedule (7 days/week, holidays)
- Equipment Enable
- Each Zone occupied and unoccupied times and setpoints.
- Zoning (boxes tied to correct zones)
4. Test and Balance Report
- Duct static pressure setpoints for energy efficiency
- Building static pressure & Minimum OA cfm
5. Verify proper operation of HVAC safety and life support functions as required by owner
RES.A Page 251 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4863
Date:
October 9, 2012
Department:
Administration
Attachments:
Resolution No. 4863 and Action Plan
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4863.
Background Summary:
The preparation of an annual action plan is required by the U.S. Department of Housing
and Urban Development (HUD) in order for the City to receive federal funds under the
Community Development Block Grant (CDBG) program. The public hearing, held on
October 15, 2012, was required by HUD to gather public input about the proposed "2013
Action Plan" section of the City of Auburn's Consolidated Housing and Community
Development Plan.
The 2013 Action Plan outlines proposed expenditures to implement the City's
Consolidated Plan. It identifies federal and local funds expected to be available, indicates
the activities on which they will be spent and sets goals for the number and type of
services expected to be provided.
The City of Auburn anticipates that in 2013 approximately $450,000 of CDBG funds will
be available for projects that are consistent with federal regulations and the objectives
and policies of Auburn's Consolidated Housing and Community Development Plan. In
2013 the CDBG funds will be combined with approximately $550,000 of General Funds
to create a total human services budget of approximately $1,000,000.
Staff took all oral and written comments offered by the public into consideration when
final revisions were made to the 2013 Action Plan. The Planning and Community
Development Committee reviewed the Plan on October 22, 2012. The deadline to submit
the Plan to H.U.D. is November 15, 2012.
A public notice announcing the October 15, 2012 public hearing and a brief description
about the 2013 Action Plan was published in The Seattle Times. The deadline to submit
written comments was October 30, 2012.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 252 of 597
Finance, Planning And Community Development Other: Public Hearing 10/15/12 &
Human Services Committee
Councilmember:Backus Staff:Hursh
Meeting Date:November 5, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 253 of 597
RESOLUTION NO. 4 8 6 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADOPTING THE 2013 COMMUNITY
DEVELOPMENT BLOCK GRANT ACTION PLAN FOR THE
CONSOLIDATED PLAN FOR YEARS 2011 TO 2014
WHEREAS, the City of Aubum was designated as an entitlement community
by the U.S. Department of Housing and Urban Development (HUD) for its
Community Development Block Grant (CDBG) Program; and
WHEREAS, the primary objective of the Consolidated Plan and CDBG
Program is the development of viable urban communities by providing decent
housing and a suitable living environment and expanding economic opportunities,
principally for persons of low-income and moderate-income; and
WHEREAS, to be eligible for funding, the City of Aubum must annually
update the action plan for its Consolidated Plan that serves as a federally required
planning document to guide the City of Aubum's human service and community
development efforts; and
WHEREAS, the planning process to develop the Consolidated Plan involved
citizen participation and guidance from non-profit and govemmental agencies
serving low income residents in the community; and
WHEREAS, the City Council of the City of Aubum heard and considered
public comment about its proposed 2013 Action Plan.
Resolution No. 4863
October 26, 2012
Page 1 of 2
RES.B Page 254 of 597
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASFiINGTON, DOES HEREBY RESOLVE TO•
Section 1. Pursuant to provisions of 24CFR91, the City hereby adopts the
2013 Action Plan for the Consolidated Plan for Years 2011 to 2014
Section 2. The Mayor is hereby authorized to implement such administra#ive
procedures as may be necessary to carry out directions of the legislation.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
DATED and SIGNED this day of November, 2012.
Peter B. Lewis
Mayor
ATTEST
Danielle Daskam, City Clerk
APP VED S TO FOR •
D He orney
Resolution No. 4863
October 26, 2012
Page 2 of 2
RES.B Page 255 of 597
cmr oF *
WASHINGTOIV
2013 Annual ; :. tiori`:n
Update to the City of Aubur:i',s::;nsolidated Plan for
Housing and;o.mmuni't,Development
Fiscal''ears 011 =014
a , :`.:,
Ocfo r"15, 2012
IMPORTANT NOTE, PrO:des iptii ir and dollar amounts represented in
this plait:riaa,charigeisi#iject to theiattaflability of funds and £nal approval by
4tte;Departiwent of Housing and Urban Developmern.)
iel.
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Department of Administration 8 Community Services
25 West Main Street
EQUALHOUSING Auburn, Washingtoh 98007
OPPORTUNITY 253) 931-3041
riUBURN * MORE THAN YOU IMAGINEDRES.B Page 256 of 597
Oetober 26,2012
2013 Annual Action Plan
Each yeaz the City of Auburn executes specific actions to implement the goals and strategies of
the Consolidated Plan for Years 20]] to 2014. Actions that will be undertaken in 2013 are
outlined in this"Annual Action Plan"
1'he City of Auburn anticipates the receipt of approxicnately $455,000 in Community
Development Block Grant(CDBG)funds in 2013 Aubum's CDBG fAiMs will be combined with
approximately $550,000 of General Funds to create a tota;iiman Services budget of
approximately $1,005,000 in 2013. Human Services is respoqst,:for providing and managing
financial resources to more than 30 non-profit agencies,tr56. the Auburn community,5:ti `w.
administering the local housing repair program, and developitig collafiazations among community
pazfiers to strengthen the response to residrnts in need,c;i:s
n`'"'
The 2013 Action Plan proposes to allocate approximately $70,000 of CDB..f3::funds to public
services. Most of those funds ($57,500) will.<tie:znsed to provide dental andziiiedical care to
uninsured, fow income Aubum residems and $10,0 0:for employ ribnt training. .
Approximately $90,000 of the CDBG funds will be a]xoca[e'to program administration, which
includes planning. T'he remaining $Z;400 will be`alFqcated to housing repair ($]00,000),
economic development($37,500),and sdgip6t2bf.enhancing<yorith ouueach and gang prevention.
ti.. v`tii`'.`v.h::\
The City of Aubum is committed to f "o ing riior.e ron achieviio solutions to recurring social
problems and achieve a greater collabor top among'',a n.,,c,e providers. The Departrne of
v, 1+L }4v. r. ti 1L.Housing and Urban De o Ag t as woi d.`,d`?>Standardiz`the performance measurements
listed in the Consoli an. Tl4:Z013 AcY Plan combines the changes that both the City of
Auburn and HUD h&Ye plemente wh 4
Overall the implem{on of .th\;Action ;is progressing as planned and most of the
activities listed are undec''wa!,..A<vioie'Fedrireport of 2012 activiries will be summarized in
t:,
the Conso'Aitnual ' ance and Evaluabon Report (CAPER) that will be drafted and
releasedSf rpublic resr e v before:'.Ehe end of the first quarter of 2013
y
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1,`j;.::
ti`iil ti
The developmeqt;pf the Anilual Action Plan involves both citizen participation and consultation
with local servioe quid[s'. Citizen participation in the planning process began at a joint
meeting between the:A'titiurn City Council and'Human Services Committce. At this meeting,
Council and Committee members identified a series of community results that they would like to
achieve through the appropriation of Ciry funds.
The City consults with local service providers primarily through the solicitation of applications
for Human Services ganu. Grant applications prepared by service providers fumishes the City
information regarding the goals of the agency, target populations, proposed services, gaps in the
delivery of services, linkages to poverty reduction strategies and collaboration with other service
providers. This information is reviewed by Ciry staffand the Human Services Committee.
T'he Human Services Committee's recommendations were incorporaud into the 2013 Action Plan
and presented to the City Council's Planning and Communiry Development (PCD) Committee in
2RES.B Page 257 of 597
October 26,2012
September 2012. A preliminary draft of the 2013 Action Plan was distributed to all the gant
applicanu and local service providers. A public notice was issued and posted at City Hall, the
Aubum Senior Center, and on the City of Aubum's website on October 1, 2012;this information
was also published in The Seattle Times announcing thaz copies of the proposed 2013 Action
Plan were available for public review The City Council will schedule a public hearing to gather
testimony about the plan before it takes action to review and adopt it. 1'he following outlines the
remaining steps regarding citizen participation and consultation for the 2013 Action Plan:
October 1,2012: Start of Pub(ic Review Process
October 15,2012:Public Hearing
End of Public Review Process.
W::
November 5,2012: Council takes action to adnpfthe
2013 Annual Action<P aii"
November I5,2012: Deadline to subarit,tfie plan to F JD
c^ '
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2013 CDBG ESTIMATED RESOURCES h''
EV:•
4^w:.v 4••v
In 2012 the City of Auburn received 6yeX;$4b40,000 of C19 s funds. In 2013 the City estimates
that its CDBG funds will increase sligtii.:fivmw.year's C G entitlement. The 2013 Action
Plan includes a contingency plan in the e t thaf'G funds inkYease or decrease.
s`
c::•.,
aGU$G ESTIIVl TED 12ES OUR ES
455:O1D0 sCDBG 2013 Bridtlement(estimatedl
s;;.,.,
5455,OUd;,.,, .'TotsE>F.sfimateii'CDBG Fands Available in 2013
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3RES.B Page 258 of 597
October 26,2012
OTHER RESOURCES
General Funds
The City of Aubum allocates up to one percent (1%) of its general fund expenditures to provide
human services for Aubum residents through contracts with non-profit agencies. Assuming the
City will continue to receive the same amount of general fund revenues, die estimated allocation
from General Fund budget for human service g anu is$550,000 in 2013.
TOTAL RESOURCES
Fanding Soarce 20 3`:,..
CDBG Funds 45$,W .
General Funds 550,000 '
Total Estimated Funds Availat?1es $ 1,005,000 :,.;•`.
z, y`;
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C::,;..
The expressed goal of the Ciry's ConsiiIl ted;Plan is to radmce the number of people living in
poverty within the City of Aubum. TC4uar8<t ke{id, the 'E'`y,will ve funding priority to
progams that - in addition to complyieg with fe te;l.;yregulafio s and addressing a priority
outlinad in the Consolidate'en - aze cottSistenC;;'vi$tti'diei allowing anti-poverty strategy forts a w: w,•.
resourceallocation. ,;.c.'^'.}, z:..?'`
ai> a,':.
awc%' a; o-
1 Each projecLmpst satisfy oo,:e fthe th oilowing overriding goals:
s:
Help people:aove ouCV]][]xerty; ..>,s.,Ky{ Kry,ntiFitim i Yi}.
Q`.':.k' \':v`v^1.i*\."::
yr`+`1....
P,c,_e,ve,ut peop'fe:{oiEE;entenng pauez y;;v:•,:?
i ddressflie;basic•qes"eds ofpeople living in poverlyfi'kK,` Y v:, N;H.
2. ;;;n making fundingdecisions;.,e City will give priority to programs that:
Support,complenEient or aie consistent with other curtent City plans;
AiB:sustainable ovei'dme;
Havei demog s'ltated cooperation and collaboration among government, private
nonprof3E:;geiieies and the private sector to maximize impacts and reduce
administratiJe costs;
Do not have a more appropriate source of funds.
3 The Ciry will give prioriry to progrems that provide services addressing the basic needs
of Aubum's most at-risk populations. A prioriry population for CDBG-funded services is
individuals who are denied, by poverty and historical institutional practices, the
opportunity to develop their full potential and to enjoy the benefits of community
participation.
4.CDBG funded services must be, to t6e fullest extent possible, appropriate and accessible
to people who may face special bameis in accessing services.
4RES.B Page 259 of 597
October 26,2012
5 The CDBG progtam was built on a premise of citizen participation in the formation of
policies, including funding decisions,w6ich address neighborhood and community eeds.
The City will give priority to programs that promote community initiatives to idenrify
priority needs and to address those needs.
6.The City will give priority to programs that build and suppoR the capacity of local
organizations to address the needs of Aubum residents.
7 T'he City will give prioriry to programs that support economic development and promote
access to quality jobs -posirions that pay well enough to support an adequate standard of
living, allow the purchase of housing and other basic necessities, offer stability and
decent working conditions,and provide opportunities for advaucement.
8.Funding priority will be given to agencies that provide diraCT'services to Auburn residents
at locations within the city limits of Auburn.
M`"'w%'k
I I .- -
r -
The City of Auburn solicited proposals from locsf;<'`''"vice providers to ab've the following
community results within the areas listed belrr:>"Population;Rerformance iti(licators will be
applied to assess the overall success of the effdit:,and the:va ae of ongoing`support; these
indicators will be utilized to deternine the effectiveuess:of ia iviclual programs.
Overall Result: One-Stoa Center
The City of Auburn will fund hu.. Sertizce; ,providers::who participate in the design,
development and operation of a One-Stop'.;Center m t!pburn arii:.fi,he efficient, collaborauve and
integrated delivery of serviaes.it offers. i]Agencies.tivfio;agree to participate in the design and
development of a One-SWqx:eriYer:in Auburd::inay;apply fo'r'>£uniiing to accomplish one or more
of the following commdaiEy results3.;.,
M,ti` h:.{.. ti.iAbasedandNeectedC6ildr 'i: The City?Df Aubum will fund human service providers
that increase suppqi'tye ser5tices:;ta,.phi]dren w o are neglected and abused specifically ther:.., v....K ;.k..,
number o ghildren .;.victint}j;$p}tig and repeated neglect and abuse, withi the
city}c 15%'d:the next three(3j'years.
iodnis of Dome i`tkand'ual Assault: The City of Auburn will fund human service
ders that incre;.the ber of Auburn residents, who are victims of domestic
t v:
vio'1'" e that make the'itim sition'tts a safe environment and self-determining lifesryle by I S%
withi n'next tivee(3):`',rs.
a'. g
Povertv Ri+uction: ;k$ie'City of Auburn will fund human service providers who increase
the uuinbei o ' ur`esidenu no longer living in poverty by 15% within the next three (3)
years.
Substance Abuse: The City of Aubwn will fund human service providers to develop
strategies tha4 increase the successful completion of treatment programs by Aubum residents
who have serious behavioral and health problems due to substance abuse and chemical
dependency by 15%within a tivee(3)year period.
P6vsicallv and Mentallv Fit: The City of Auburn will fund human service providers that
increase the availability, accessibility and use of health care to its low income residents by
15%within a three(3)yeaz period.
5RES.B Page 260 of 597
o zs,zo z
The City of Auburn requested proposals to achieve the following national objectives and
communiry results.
Create a Suitable Livina Environment:
One-Stop Center:
Create a suitable living environment for Aubum's low income residents and people with
special needs by using its CDBG funds to make available float loans and Section ]OS
Loan Guazantees to leverage the funds necessary to develop,,a Community Center and
future campus for the One-Stop Center which will provi e:<for the collocation and
integated delivery of human services. z>4:
Abused and Neglected Children: w?';`^
The City of Auburn proposes to allocate approximate ly$180,Uf104bf its General Funds,to
generate approximately 7,700 hours of servjr,;<8nd 160 home}s that will benefit
1,657 Auburn adults and children, for the aip ise of reducing chro`ri c buse and neglect
i,Vvofchildren.
4t:.•;.
V ictims of Domestic and Sexual Assault: ';,4
444 '
v
i•
The City of Aubum proposes to allocate $89,6(1'''its General Funds to provide 1,500z`
k1e ghts, 70if,hours of case managemerrt and 550referralsforassistance, 160 s6 iet:. dni
hours of therapy to approximat ji;6 victitns of do c violence and sexual assault.
PhvsicallY and Mentally Fit: t• :;:.,.,..*
a
k•.
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Create a suitable environmen: ma lari heattti'eare available to 78 or more low-6i:,..:., g
income, unin Yed`'AutiUiis,, reside;::Dy allocating $40,000 of CDBG funds to
HealthPoint,a ing County<for the ope{aAon of iu clinic in Aubum.
Create a suitabl6.living epviio.nment by rr ng dental care available to 70 or more low-
income, uninsiite a A,,liurti'•>res`,tdelrts. by,.allocating $17,500 of CDBG funds toww:•• -: ;
He P'a nLnf King Cp4mty for the operaiaon of its clinic in Aubum.i tith
Jiie City pro_to aFCoCate an addirional $45,000 of its General Funds for the purpose
of crearing aocess:Yo.heat icare to over 1,000 low-income Aubum residents and enablingy1h1,-`
bx!er 3,200 visits ta;qi alified'fiqalth care providers.
Poverty:i duction:
The CityOf Auburu.>,iuposes to allocate $80,500 of its General Funds to provide neazly
12,000 Ait iitm,;fe ldents emergency assistance such as food, financial assistance, andVC4\t y`y`J Y
clothing. `'<.,;
The City of Auburn proposes to allocate $14,500 of its General Funds to provide over 60
Auburn senior citizens congregate meals and home-delivered meals and over 1,200
Aubum residents a weekly meal.
The City of Auburn proposes to allocate $51,000 of its General Funds to provide over
100 Auburn residents more ttian 3,900 bednights of emergency shelter and/or transitional
housing.
6RES.B Page 261 of 597
October 2B,2012
Substance Abuse:
The City of Auburn proposes to allocate $10,000 of its General Funds to support a
program that provides integrabed caze to non-Medicaid clients who require both substance
abuse treatment and mental health counseling.
Provide Decent Housin¢:
Maintain the affordability of decent housing for very low-income Aubum residents by
allocating$100,000 of CDBG funds to the City of Auburn's Housing Repair Program for the
purpose of providing repairs necessary to maintain suitable housing for 30 Aubum
homeowners, including.l5 homeowners who are senior citizens aud 5 homeowners who lack
safe access in or out of their homes due to physical disabilities or.airment.
Exoand Economic Oonortunities:
Create economic opportunities by providing the availati[Gty aa:access to counseling and44F, .4,.
training for approximately 25 Aubum residems who.,areheither tiyjiig to sustain or create a
small business and, collectively generate 25 or q:3obs by alloc9f t 4$37,500 of CDBGfundstotheGreenRiverCommunityCollege's Sa't YBusiness Assistano'e:.enter.
ud k,Jy4
Create economic opportunities by providing availability and access to traiv;!tyiproximately
15 very-low income Auburn residents so that ;1 ast half:oftfiem can fmd atii'sustait a job
by allocating$10,000 of CDBG funds to the Mu1ti-.5''vica:Center Employment Program.
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7RES.B Page 262 of 597
October 28,2012
CDBG Funds
Proposed CDBG Disbursements 2013
Public Services
HealthPoint: Dental& Medical Care 57,500
Multi-Service Center Employment Prvgram _ 10,000
b I: lic i`
Capiql Funds
Affordable Housing
City of Aubum Housing Repair Prograin:' 40Q,000
SEARCH 50;pp0
Valle Cities Phoenix Risin :` 50,000;,,,Y 9.:':.
Suitable Living Environment •'•`::
1,y
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Wesley Homes Skilled Nursing'EBCility:<z<`.
y $
50,000
Economic Developme(et,;,,_
GRCC Small Business ti`ssistance Ce. $37,500
Downtown Business,aqade'.`;
w.,
10,000
X:4 ubtotal:Caoital F.un :~... 29Z 50
Administta"UOn', ', y y.\
PGO eBin Manage.i ent
Gity of AubuKri';a nmunity§eivices 90,000
I> " irii' ti 9 '
t. :.:.....:....
TOtal CDBG FundS: §455,000
Source of"t'16G F"up: 2013
2013 EstirtiE d Entitlement: 455,000
ii i+:i:Total Estimated CDBG Funds 5455,000
144i, i'v{: ,vti]}'_.
x
8RES.B Page 263 of 597
October 26, 2072
Human Services (General Fund)
Auburn Human Serviee Agencies: 2013
ACAP: Childcare Subsidies 20,000
Aubum Youth Resources 85 000
8irth to Three Develo ment Center 10 000
CHS: Famil Resource Center 20,000
CHS: Stren thenin Families Pro ram .......:`...... 10 000
Dynamic Partners: Children's Therapy""'
Center 1" 000
Communities In Schools 5;OOU.
Neighborhood House: Employ;t"nt 8
Famil Self Sufficienc 5 000
Pediatric Interim Care Cente':>:,,. 10 000
Safe Havens Visitation Cerder `,;;:>>, 5 000
o::..3:.».su oaal: 180 000
v::..
L:>X;. 1Conseon,:,, 10000
Crisis: k:. -1-1 Line•'24 HE:T'en'tiuJk:;•. 3 000
DRV1 1 3•., 9 000
KCSARC 22 500
eibilee Cen6 i::latino Pro r it; 7 500
VC<:C°5uivi'v'oF . `e 12 000
XWCA.-C[iildren DV Servioes 5 000
D\h ices 20 000k't
w" `<l>,t,. subfota/:89,000
Aubum4f#es ite 10,000
Chri .C4mmuni Free Clinic 20 000
eiifor Services Vol. Trans ortation 5,000
S C: Mobile Medical Pro ram 10 000
VCCC: COD Treatment 10 000
subfotal: 55 000
9RES.B Page 264 of 597
October 26,2012
Human Services (General Fundl
Continued)
Aubum Human Service Agencies: 2013
AFB: Eme en Food 35,000
AFB: Commun' Su ers 5,000
Aubum Senior Center. Meals Pro ram 4,500
CCS: CHORE P ram 3 000
CCS: HOMElARISE t5,000
CCS: Katherine's House&Rita's House :;,:..z•s 5,000
Senior Services: Meals o Wheels •','`''>?;'.. 7 000
Multl-Service Ctr Emergency& w"';
Trensitional Hausin o _ UDO
Pre nan Aid 4` 5 OilO*::,
Sound Mental Health: PATJ€i;'{f _ 5,000'`.?,,,
St. Vincent de Paul: Eme e` sist. rs 4 r` 10,000
South Kin Council of Human "`lees x>' S 000
Ukrainian Com
r
4.
Center Crisfs>;, ,
Interverrtion .r...,..,, _ 5 000
UkrainianCommuri c „.zRetugee',c•
Assistance 7 500
4. ....
WWEE::REACH 8,000
YYU.GA'.'E' ""' n Hoiisi'` : 4 000
YWCA. Trans bnal Hou ''' 14,000
zk;zsubtotal: 146 000
k. ,.,`>,:fi:ii b..ti:.
4Li'.v`l,:t k.•,>;y. •'.:.
ti•..Atai'.ti;:
k,To General Fund Human Serviees
t a. 5470000
4f. v Jn(.1..
5.. T`,.};\ h
ii.
0 ' +
1` .. ,
Total appropriatiodsanaq.bt exceed actual reveaues and no liabiliry is to be incurred in excess of
appropriations. In th tiwent that actual revenues are different than the revenues estiaiated by the
CDBG budget,the following actions shall be taken:
a) CDBG Public Service Pro: In the event the City receives a lesser amount of CDBG
funding than budgeted for public services,then the reduction will be made as follows:
1 Reduce or eliminate the appropriation to the Multi-Service Center's Employment
Progam by $7,500 or the amount of the funding reduction,which ever amount is
less.
2.Reduce the appropriation to HealthPoint by $52,500 or the remaining balance of
the reduction,which ever amount is less.
10RES.B Page 265 of 597
October 26,Z012
b) CDBG Capital-Funds Prog ns. In the event of a reduction in CDBG capital funds, the
amount of reduction will be prorated evenly among the funded project.
c) Unspent CDBG Caoital Grants: The funds appropriated to subrecipients for capitat
improvemenu must be expended within the terrt of the subrecipiem's CDBG gant
agreement. CDBG funds appropriated for capital improvements will be considered
abandoned,and the funds will be re-appropriated, if any of the following conditions exist:
a) T6e term of the gr nant agreement expires and the subrecipient fails to request an
extension in accordanbe with the terms of the agreenie'tit:
b) T6e subrecipient fails to submit a request for reim iursement or fails to submit an
activity report dwing the program year
c) The subrecipient fails to make the project `i d'ready';;within the first year after
the appropriation. "Bid ready" means tl.at,a minimii;;the bid specifications
aze drafted and the subrecipient is ready:'ti solicit bids.
d) General Fund Public Services:
c ..
1 Reduction of General Fuad Revenue's:•<.In.tFie;event of a reduction in the general
fund appropriation fo.r,•human service9;;#ie'reducrions will be applied in the
fol lowing order:r•.
y,:•.l
k`.
a) Communities In`Sohoo'fsw:#he.lesser d:$5,000 or the amount of
t:....
thereduction.
n:`!t4•J. N!iy:b) Sfo ai{ew's JubiYQe G'r's LatmN Program: the lesser of
3;500 or the`•remaini etnoant of the reduction.
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c)C„<:, CHORE Prfigam: the f'ser of$3,000 or the remaining amount
of the reducti:v','?".
44 :'CC.;:a t'i. .:. „ y
d)., If lie?:itive reductioti`s Eeinain less than the total amount of the
z $eneiai;,,fund reduction, then the remaining amount of the
ieductiori;wiil be applied evenly by a prorated amount among t6e
i'eiititiningapp opriations.
Z:.;.;Increase in Funifuig: In @ie event of an increase in funding, then prcvious reductions
iit;appropriated unts, if any, will be restored to the amounts recommended for
20is:ia the reveise'order in which the above reductions were made. If funds remain
k:.
after`aFF:ceductioiis have been restored, then the remaining funds will be distributed4.v.yy:y•
accordiiig kY'o; the allocation recommended by the Planning and Community
DevelopmeYit Committee and approved by the City Council.
The City of Aubum continues to monitor compliance with the Fair Housing Act. Complainu are
referred to the Washington State Human Rights Commission for resolution. In 2006, the City
completed an Analysis of Impedimenu to Fair Housing Choice (An as required for CDBG
entitlement communities. The Fa'v Housing Consultant identified three impedimems and made
ttvee recommendations. The recommendations were:
11RES.B Page 266 of 597
October 26,2012
Expand current education and outreach efforts;
Continue ongoing enforcement activities;and
Target homeownership and lending marketing[o minority households.
The City has implemented and continues to expand these recommendations. [nformation about
Fair Housing has been put on the City of Auburn's website and made available at City Hall. The
information will include links pertaining to where residents can file a complaint in the event of
alleged discrimination. Information will be available in English and Spanish. Summary data
regarding t6e number of fair housing complaints filed against Iandlords and realtors in Auburn
will be reported in the CAPER.
ikE'•
si` .
The Ci of Auburn continues to su ort ublic hou '"` communitie`'s's'ty pp p smg' OCated within its city
limiu. Many of the residenu who receive the serviee"s provided by the`C'Tiy s human service
granu live in public housing communities. Tvi O;r'grant recipients are IocaYed*within public
housing communities. In addition, the City•of;•Auburn's .ousing Repair 'jriz gram serves
approximately 10 — 12 residents per year who live at::Tall Gei rs Mobile Home Park, which is
owned by the King County Housing Authority Homeziepaus include fumaces, hot water tanks,
wheelchair ramps and other cepairs;jipce sary to keeji':flie home habitable. The following
summazizes the granu provided to speci4'ic,'piiQCtc:housing coififhunities:
Agency/Prog taip;; •.> Public:iu"siug SOnumunity Amount
w.,;.,
Aubum Food BanK:V'"`" "; Burndale 40,000
ry
Housing Repafi5?>' Tall Co ars Mobile Home Pazk 50,000
x
To'P.Publio:T qii;E;'Ommunii'y:programs 90,000
2.''v:y' ti:`.`?'.
J•q 4}1.., y.;.
tii
1w,.,y, ; .i;ti: v.. `"'r.':•.
s:,d`` T7G:? o`,
M1l4
iµ`
The Ciry of Aii will coi ttiue to provide funding to regional and local agencies that provide
assistance to horiie]ss f t7iCS. In 2013 the City will strive to maintain a continuum of care for
homeless families ttiat:viclddes emergency assistance, emergency shelters, severe weather shelter
and transitional housing. In addition, the City provides funds for the provision of inedical care,
childcaze and employment training to help provent people from becoming 6omeless. The City of
Auburn plans to allocate $55,000 of its General Funds to provide more than 4,000 bednights of
emergency shelter and/or transitional housing to approximately 120 Auburn residenu. The
following summarizes the grants awazded wit6 the intent to reduce chronic homelessness:
12RES.B Page 267 of 597
October 26,2012
Agency/Program Award Residents Services
Provided
Catholic Community Services Kathcrine's $5,000 3 transitional housing
House&Rita's House
DAWN Confidential Shelter 9,000 15 160 bednighu
Muld-Service Center 8,000 29 870 bednights
HOME/ARISE Emergency Shelter 15,000 30 1,650 bednights
YWCA Emergency&Transitional Housing 18,000 46 1,400 bednights
Total: 55,000 123:•:?: 4,080 bednights
a
CDBG funds spent on neighborhood revitalizarioii:''>and housing<•.;Ye airs for targeted
neighborhoods will occur primarily within the Ceusus Tract 306 and%iCensus Tract 307
According to the Census Bureau, these two ce}&'tracts are predominantly z qw inwme with
median household incomes less than 80% of the'ing Counry median household'finEome. Public
services funded with CDBG funds and housing rep cs in,rian fargeted neighborlioods will be
offered ta low income or limited clientele residents citq vidis<,
i4,h.. i \'r+t: 4<it. \uy
1 1 • 1 1 D
The City of Auburn wrq'z e to imp i p¢iEt'U.S. De ttment of Housing and Urban
Development (HUD),a gnTations'fa protect iing children from lead-based paint hazards in
housing that is finazic3s11y assisted the federa govemment. The requiremenu apply only to
s.housing built before 78; the yesi;ead-based paiitt was banned nationwide for consumer use.c:.. .:.;:.....:,.,,.The following table s*r++*A PS:Ci oaS:'ek kFed by llfese regulations.v: , a,:;•:
1..*
Amdpiit'ol'Gra i}u ~
5.`':<:<$
5,000
y $
5,000-$25 000 525,000
o-"' 5° Identify and control Idenrify and abateeireralApproac64;;., D0.'HTO.Hazm
w. a ti::., lead hazards lead hazards
lta cation a Pamp}ilet P Phlet&Notice of Pamphlet&Norice of
Assessment Hazard Reduction
Eva'[iialiion Visual Paint Testin Risk Assessment
Repait surfaces
ReduMion S[ret'Oegy :v'"disturbed during Interim Controls
Abatetnent and
r"": Interim Controls
rehab work
The City of Aubum will continue to look at policies that remove,barriers to affordable housing.
The City of Aubum's Comprehensive Land Use includes several policies and objectives that will
guide the Ciry towazd achieving its affordable and fair housing goals. These policies include
maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities.
The City will continue to pursue mi ced use developmenu that are consistent with the
13RES.B Page 268 of 597
Oetober 26,2012
transportation oriented developmenu located in Aubum's downtown. The City will look for
opportupities with public and private agencies to impiement policies and offer programs that help
alleviate physical and economic distress, conserve energy resources, improve the quality and
quantity of community services, and eliminate conditions that are dehimental to health, safety
and public welfare.
Over the past three years approximately 90% of the clienu served by programs funded with
CDBG funds earned low to moderate incomes. 1'he beneficiaries o#`programs funded in 2013
with CDBG funds are not expected to deviate from these past tc uids The City of Aubum will
continue to distribute its funds for human services based on,tty.needs identified for people
with low-to-moderate incomes with a particular emphasis o igo`'ple`v,live in poverty
4*.
r 4+\n' t tM1..is`
r a' –
Agencies applying for CDBG funds are required tc`respotut:!to`general and program specific
polices in their applications.All projects are evalua d'ta:deter'iiiine if they are:
1. Eligible relative to federal lines; c,•..
c...2. Consistentwiththeprogram p ec ives strategre:,
w:., v` .:... \.;.
3. Consistent with lqc l, state an;fC eral re ations;.
C. 4 i.ti' k.n. .
4. Feasible wittiin':'''o ti'c;nd time;u'idelines;antT
ie; wt`'::>
5. Capable;;of,'ev8loping att measur ng?putcomes.
y., 4`s;These policies includ;:8cqong otk#ss, y
tt :<k tix. . . .. •'`: ,,.
CoASiskency w t&;lo al codes`aaiilEpiiJieies;u 1;. x:..«v:..;.,,
iestrictioii qn ttie change of use of property and buildings which were acquired or
improved wifliCDBCx imds;
z•':.Minimization af$isplacement and the provision of relocation assistance;
tlherence to fede`ral wage rates;
rk-
Coitlp nce f`ederal audit requiremenu;and
ti,•..
Adhereice'La' and enforcement of lead-based paint abatement regulations, fa'v
housing laws and affumative action.
O
Detailed records are maintained and reviewed to determine and assure agency compliance with iu
contract and other applicable regulations. Defioiencies in record keeping are documented and
technical assistance to wrrect noted deficiencies is provided. The failure to comply with
contractual requirements and regulations could result in remedial actions andlor the termination
of funding.
14RES.B Page 269 of 597
o to.zs,zo z
T'he Gity conducts an intemal sudit to ensure that its records are complete and agencies aze
comptying with applicable rules and regulations. In addition,the City's records are subject to an
independent annual audit by the StaYe Auditor. Both the City's internal audit and the State
Auditor test to determine the Ciry's compliance with the following CDBG requirements:
Political Activity; Federal Financial Reports;
Davis-Bacon and Related Acts; Allowable Costs&Cost Principles;
Civil rig6ts; Drug-Frea orkplace Act;and
Cash Management; Various:.:ininistrative
re qiipl"rients.
o
4
ti4....
For more information and/or to get on the Ciry's mai iig'list for Consolidated I'8n
updates and grant applications, please contact: ;.,
Michael Hwsh,Advisor to
i
a "t1fQM1.1}t[.:v
Departrnent of Administration ';.
tiS„25 West Mairi:Stt Beta Aubum, WA•;98001
hPhone: 253 8i.Sfl,29:?. g
Email: mhursh@auburnws;gov,
il..f}v.S,..x•.,v'',
M1{y
v. ,
M1
M1ti , ` '•
15RES.B Page 270 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4870
Date:
October 25, 2012
Department:
Planning and Development
Attachments:
Res 4870
Exhibit A - Agreement
Exhibit B - Vicinity Map
Exhibit C - Site Map
Budget Impact:
Contract funds budgeted
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4870.
Background Summary:
Resolution No. Number 4870 authorizes the execution of an Interagency Agreement with
King County Department of Natural Resources and Parks, Water and Land Resources
Division, to provide engineering related services for the Fenster Levee Setback, Phase
2B project. Staff previously presented a similar version of this agreement to the
Committee on September 12, 2011. At that time, the project cost was estimated at a total
of $639,103. Subsequent to that meeting, the City learned from King County that the
Fenster 2B Project would need to be designed and constructed to a higher level of flood
risk protection than previously assumed due to the number of homes, streets, and
infrastructure located in the vicinity of the project. Project design and construction
planning to that point had been based on using a design approach similar to that used
for the Fenster Phase 1 and Pautzke revetment removal/levee setback projects, which
have less homes and infrastructure in their immediate vicinity. The higher level of flood
risk protection required for this project will necessitate the use of greater quantities of
rock and involves a greater amount of excavation and fill. As a result, the estimated cost
of the project increased from $639,000 to between $1,200,000 and $1,350,000. At the
time the City was notified of the higher estimated costs to construct the project, staff
suspended further work on design or construction of the project until additional funding
could be located to cover the higher costs.
Over the past several months, additional funding resources have been identified, and all
but one of those resources has been either pledged or awarded (see further discussion
of budget and funding sources below). The Fenster, Phase 2B project is contained in the
City's 2012-2017 Capital Facilities Plan as Project No. CP1016. The project involves the
design, permitting and construction of in-stream, riparian, and floodplain habitat
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 271 of 597
restoration with a focus on habitat enhancement for Chinook salmon and other salmonid
species listed as Threatened or Endangered under the federal Endangered Species Act.
The project will also provide improved floodwater conveyance and storage by ‘setting
back' and reconstructing approximately of 700 feet of the existing Fenster Levee
(revetment) at the north end of Fenster Nature Park, approximately 300 feet landward of
its current location. To date, a preliminary design for the project has been developed,
and a project feasibility analysis, wetland survey, cultural resource survey, and a design
alternatives evaluation have been prepared. Please find attached a vicinity map
depicting the location of the project, and a site map that provides a conceptual project
overview. Based on the revised project schedule, next steps include completing the
design plans to be used for submitting state and federal permit applications, and then
submitting the permit applications by December 31, 2012. This timeline is expected to
support project construction in Summer 2013, and project completion in mid 2014.
To date, the City has secured project funding from six different sources. A funding
difference of $327,353 still exists between estimated project budget and funds available,
however an application has been submitted for 2013 Salmon Recovery Grant funding to
the SRFB for the needed funds. While the SRFB is not expected to make a decision until
December 2012, SRFB staff (Washington Recreation and Conservation Office) has
requested that the City move forward with project design using the funding previously
awarded. Staff will provide greater detail on this recommendation at the Committee
meeting. The total budgeted project cost is $1,266,456. Project funding is comprised of
the following sources: Salmon Recovery Fund Board Grant #09-1429: $304,103
(awarded) Puget Sound Acquisition and Restoration Fund Grant: $100,000 (awarded)
King Conservation District Grant: $200,000 (awarded) King County Flood Control District
Grant: $300,000 (awarded) King County DNRP, WLRD Contribution: $35,000 in in-kind
technical services (provided as part of attached agreement) City of Auburn Stormwater
Fund: $35,000 (budgeted) Total Awarded/Budgeted Funding: $939,103 Salmon
Recovery Funding Board Grant Application #12-1444: $327,353 (Upon final SRFB
Committee review, project grant application has received a "Project is Clear" rating on
October 2, 2012. A final funding decision by the SRFB is anticipated in December 2012)
Total Pending Funding: $327,353.
The Planning and Community Development Committee, at its October 22, 2012 regular
meeting, recommended on unanimous motion approval of Resolution No. 4870 to the full
City Council.
Reviewed by Council Committees:
Finance, Planning And Community Development, Public Works Other: Legal, Planning
Councilmember:Backus Staff:Snyder
Meeting Date:November 5, 2012 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 272 of 597
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 273 of 597
RESOLUTION NO. 4 8 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING COUNTY
FOR DESIGN, PROJECT MANAGEMENT, AND
CONSTRUCTION MANAGEMENT SERVICES
WHEREAS, The City of Auburn is a partner government in the
Green/Duwamish and Central Puget Sound (WRIA-9) Watershed Salmon
Recovery effort, and WRIA-9 identified the Fenster Levee Setback Project as
Recommended Project No. MG-18 in the 2005 Green/Duwamish and Central
Puget Sound (WRIA-9) Watershed Salmon Habitat Recovery Plan, entitled
Making Our Watershed Fit for A King"; and
WHEREAS the Green Duwamish Ecosystem Restoration Project (ERP)
identifies a project for levee setback reconstruction and flood plain habitat
restoration which includes elements of this work on the City's Fenster
property site; and
WHEREAS the City of Auburn and King County jointly cooperated in the
design and construction of Phase 1 of the Fenster Levee Setback Project in
2006; and
WHEREAS, The City of Auburn's Fenster Levee Setback, Phase 2 project
Project") is included in the City of Auburn's 2012-2017 Capital Facilities
Resolution No.4870
10/16/2012
Page 1 of 3RES.C Page 274 of 597
Plan, and will complete the "restoration of in-stream and riparian habitat and
increasing floodwater conveyance and storage within the Green River at the
City's Fenster site by setting back approximately 700 feet of the Fenster
Levee from the river's edge to a point roughly 300 feet landward from its
existing location; and
WHEREAS, On November 29, 2010, Auburn entered into an agreement
with King County to perform site assessment/data collection and feasibility
and alternative analysis for Phase 2 of the Project; and
WHEREAS, The Project will be funded using a combination of federal,
state, and local grant funds from the King Conservation District, the Puget
Sound Acquisition and Restoration Fund, and the Salmon Recovery Funding
Board, along with local stormwater funds provided by the City of Auburn.
These funds will be used to pay for the design, permitting, and construction
of the project including the technical support described below in the attached
exhibit; and
WHEREAS, RCW 89 08.341 allows the City and County to collaborate
with a Conservation District to jointly construct this type of project; and
WHEREAS, it is in the public interest for the parties to enter into an
agreement for design, project management, and construction management
services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No.4870
10/16/ m
Page 2 of 3RES.C Page 275 of 597
Section 1. The Mayor and the Auburn City Clerk are hereby
authorized to execute an Agreement between the City of Auburn and King
County for design, project management, and construction management
services in substantial conformity with the agreement hereto, marked as
Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APPRO D AS TO FOR
Dan el . Heid, 'ty torn
Resolution No.4870
10/16%2012
Page 3 of 3RES.C Page 276 of 597
Exhibit A
INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF
AUBURN FOR ENGINEERING-RELATED SERVICES
This Agreement is made and entered into by King County, Washington, hereinafter referred to as
County" and the City of Auburn, a Washington municipal corporation, hereinafter referred to as
Auburn"or"City," collectively referred to as the "Parties," or singularly, "Party," in order for
King County, through its Water and Land Resources Division("WLRD"), to provide technical
and management services to support the City in constructing the Fenster Levee Setback Project
Phase II("Project").
The Parties mutually agree as follows:
I. Purpose
The purpose of this Agreement is to set forth the terms under which the County will
provide technical and management services to the City, as described in Exhibit One,
attached to this Agreement and incorporated herein and made a part hereof.
King County is providing the technical and management services as a collaborative effort
with the City to promote the joint goals of flood protection and salmon restoration. King
County is taking the lead role in the design and is also providing in-kind design services
to ensure consistency of the project with other recently constructed projects (Fenster and
Pautzke) within the reach that were completed using designs by King County
II. Administration
A. The City and the County shall each appoint an administrator to ensure ongoing
compliance with this Agreement and to resolve any conflicts. The administrators shall
communicate on an as needed basis. Either Party's administrator is authorized to
convene a meeting with a minimum often(10) calendar days' written notice to the
other
B. Any conflict that is not resolved by the administrators within ten(10) working days of
a meeting held to discuss the conflict shall be referred for resolution to the City's
Planning&Development Director and the County's WLRD Director. If the conflict
1
RES.C Page 277 of 597
cannot be resolved by the Planning&Development Director and the WLRD Director,
it shall be referred to the Mayor and the Director of the King County Department of
Natural Resources and Parks(DNRP) for resolution. In the event that the conflict
cannot be resolved by the Mayor and the DNRP Director, either Party may seek
interpretation or enforcement of the terms of this Agreement, or relief or remedy from
a breach of the terms of this Agreement, in law or equity
C. All communications regarding this Agreement shall be sent to the Parties at the
addresses listed below unless a Party gives notice of a change of address. Any
written notice shall become effective three business days after the date of mailing by
registered or certified mail.
To the City of Auburn
Chris Andersen, Environmental Protection Manager
25 West Main Street
Auburn, WA 98001
To WLRD
Jon Hansen, Supervising Environmental Scientist
King Street Center
201 S Jackson Street, Room 600
Seattle, WA 98104-3855
III. Responsibilities of the Parties
A. King County
I Shall provide services as outlined in Exhibit One, including:
Complete a design for a capital project, scaled for a maximum total Project
cost of$1,250,000 similar to Alternative 1B outlined in the Fenster Levee
Setback Project Phase II Site Assessment and Alternatives Analysis.
Submit designs for the City's review and comment at the 30% and 60%
design milestones.
When comments from the 60%design review have been incorporated and
2
RES.C Page 278 of 597
both Parties have approved the design, designate a licensed Professional
Engineer who will finalize the plans, stamp them with a Professional
Engineers stamp, and serve as the Project's Engineer of Record.
Obtain all necessary permits as agent for the City to construct the Project per
the final design.
Manage and coordinate construction activities in compliance with all
applicable permit conditions, including installation of plantings,to Project
completion.
2. Shall provide the services provided for herein, and will not purport to represent
the City in other matters unrelated to these services. Control of personnel
standards of performance, discipline, and all other aspects of work shall be
governed entirely by the County All persons from the County rendering service
hereunder shall be for all purposes employees of the County To the extent
applicable,the County shall include the requirements in Article VIII below in any
subcontract executed for the performance of services under this Agreement.
3 Shall furnish all personnel, resources, and materials deemed by the County to be
necessary to provide the services provided for herein.
4 Shall not have responsibility for Project monitoring,maintenance or repair after
completion of Project construction.
B. Auburn shall:
1 Attend all pertinent meetings, respond to information requests,review draft
documents and plan sets, and participate in design decisions in a timely manner
consistent with the timeline described in Exhibit One. The City will also accept
and sign off on all deliverables as appropriate or provide a timely reason as to
why such sign-off is not being undertaken.
2. Obtain in a timely manner any rights-of-way and easements necessary for Project
Construction.
3. Procure Project construction services under a separate contract, with contractor(s)
of the City's choosing.
4 Issue a Notice to Proceed to Construction upon receipt of Final Plans and copies
of all necessary permits.
3
RES.C Page 279 of 597
5 Upon Project construction completion, be responsible for all permit-required post-
construction monitoring. Costs associated with post-project monitoring are not
addressed in this Agreement.
IV Costs and Billing
A. The City will pay the County for the actual costs, including labor,materials and fees,
to complete tasks as outlined in Exhibit One, up to an amount not to exceed $297,093
Estimated costs per task are as outlined on Exhibit Two, attached to this Agreement
and incorporated herein and made a part hereof.
B. The County will invoice the City on a quarterly basis for services rendered. The City
will pay invoices within 60 days of receiving the invoice with all required backup
documentation as detailed below
C. The County will supply documentation of all expenditures including invoices, labor
summaries, timesheets, etc. as necessary for the City to submit required
documentation for grants received from third parties. The City is responsible for all
grant management and compliance requirements.
V Effectiveness,Duration,Termination and Amendment
A. This Agreement is effective upon signature by both Parties and will remain in effect
until December 31, 2014
B. This Agreement may be terminated by either Party upon 30 days written notice. In
the event of termination,payment will be made by the City for work performed by the
County to the date of termination.
C. This Agreement may be amended only by written agreement of the Parties.
D. This Agreement is not assignable by either Party, either in whole or in part.
E. This Agreement is a complete expression of the intent of the Parties and any oral or
written representations or understandings not incorporated herein are excluded.
F The Parties recognize that time is of the essence in the performance of the provisions
of this Agreement.
G. Waiver of any default shall not be deemed to be waiver of any subsequent default.
Waiver of breach of any provision of this Agreement shall not be deemed to be a
4
RES.C Page 280 of 597
waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such through written
approval by the parties which shall be attached to the original Agreement.
H. Funding or obligation under this Agreement beyond the current appropriation year is
conditional upon budget appropriation by the legislative authority of each Party
Should such appropriations not be approved,this Agreement will terminate at the
close of the last year for which appropriation has been provided.
VI. Unforeseen Circumstances
A. The Parties recognize that during the course of conducting activities provided for in
this Agreement unforeseen circumstances may arise that could cause significant
changes to the Project scope, schedule and or budget. Such unforeseen circumstances
may include but not be limited to the discovery of the presence of archeological
artifacts at the Project site or the discovery of toxic materials on the Project site, or
significantly higher than anticipated contract bid or other cost.
B. If the unforeseen circumstances will affect the Project schedule,the Parties may
jointly decide to modify the schedule to accommodate resolution of the unforeseen
circumstances.
C. If the unforeseen circumstances are projected to cause the budget as outlined in
Exhibit Two to be exceeded,the Parties may agree to modify the Exhibit One Scope
of Work to bring the cost of the services within budget. Any change in scope that
would cause the total costs of services provided under this Agreement to exceed
297,093 shall be contingent on the appropriation of Auburn's legislative authority of
the funds necessary to meet the cost overage.
D. If due to unforeseen circumstances, the Parties agree that the Project and the services
provided under this Agreement cannot go forward as planned,this Agreement may be
terminated per the terms of Agreement Section V.B.
VII. Indemnification
A. To the extent not within any immunity conferred by law on Auburn and on King
County,Auburn agrees to hold harmless and indemnify the County, its officers,
5
RES.C Page 281 of 597
officials, employees, and agents, while acting within the scope of their employment
for the services provided for herein, from any and all costs, claims,judgments,
penalties, and/or awards of damages, arising out of or in any way resulting from a
negligent act or omission of Auburn, it officers,officials,employees or agents in
performing its obligations under the terms of this Agreement. To the extent not
within any immunity conferred by law on King County and on Auburn, King County
agrees to hold harmless and indemnify Auburn, its officers, officials,employees, and
agents, while acting within the scope of their employment for the services provided
for herein, from any and all costs,claims,judgments, penalties, and/or awards of
damages, arising out of or in any way resulting from a negligent act or omission of
King County, its officers, officials, employees or agents in performing its obligations
under the terms of this Agreement. In the case of negligence of both the City and
King County, any damages that may be allowed shall be levied in proportion to the
percentage of negligence attributable to each Party, and each Party shall have the
right to seek contribution from the other Party in proportion to the percentage of
negligence attributable to the other Party
B. Each Party agrees that its obligations under Section A of this Article extend to any
claim,demand, and/or cause of action brought by, or on behalf of, any of its
employees or agents. For this purpose, each Party, by mutual negotiation, hereby
waives,with respect to the other Party only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title 51
RC W, provided that such waiver shall not preclude any indemnifying Party from
raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
C. The Parties recognize that the Project is intended to increase protection against
flooding and its damages for the City, its citizens, and property within and around the
City However, such efforts at increasing protection are no guarantee that flooding
and damage will not occur In the event that flooding does occur, King County and
Auburn shall continue to enjoy the immunity for flood prevention measures conferred
by law, and it is the intention of the Parties that the City shall likewise be included
within such immunity to the extent allowed by law, and to the extent not covered by
6
RES.C Page 282 of 597
the City's reasonable exercise of its police powers. Nothing in this Article VII shall
be construed to eliminate,reduce, or otherwise abrogate any immunity conferred on
King County or Auburn in connection with acts or omissions arising out of the
Project. Nothing in this Agreement shall be construed as conferring any rights on any
third party
D. In the event that a Party incurs any judgment, award, and/or costs, including
reasonable attorney's fees, arising from actions, to enforce the provisions of this
Article and prevails in such actions, all such fees, expenses, and costs shall be
recoverable from the other Party The indemnification provisions in this Article VII
shall survive the termination of this Agreement.
VIII. Compliance with Conditions Pertaining to Auburn's Salmon Project Agreement
with the State of Washington through its Salmon Recovery Funding Board
A. Partial funding for the Project derives from federal funding for salmon conservation
provided to Auburn through a grant agreement with the State of Washington Salmon
Recovery Funding Board("Funding Board"). The grant agreement sets specific
requirements for and restrictions on the use of the funds provided, including funds
passed through to third parties to complete Project work. The terms in this Section
VIII derive from the requirements in the grant agreement.
B. The County will implement this Agreement in accordance with applicable federal,
state, and local laws, regulations and the Washington State Recreation and
Conservation Office("RCO") and the Funding Board policies.
C. The County shall comply with, and the City is not responsible for determining
compliance with, any and.all federal, state, and local laws, regulations, and/or policies
applicable to the Project, including,but not limited to: Industrial Insurance Coverage;
Architectural Barriers Act;permits(shoreline, Hydraulics Project Approval,
demolition); land use regulations (critical areas ordinances, Growth Management
Act); federal and state safety and health regulations(Occupational Safety and Health
Administration/Washington Industrial Safety and Health Act); and Buy American
Act.
D. Endangered Species—For this Project, the County shall not commence with clearing
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of riparian trees or in-water work unless either the County has complied with 50 CFR
223.203(b)(8), limit 8 or until an Endangered Species Act consultation is finalized in
writing by the National Oceanic and Atmospheric Administration. Violation of this
requirement may be grounds for terminating the Auburn- RCO agreement and may
constitute a breach of this Agreement. This Section D. shall not be the basis for
creating any enforcement responsibility by the City
E. Nondiscrimination Laws—The County shall comply with all applicable federal, state,
and local nondiscrimination laws and/or policies, including but not limited to the
Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.
In the event of the County's noncompliance or refusal to comply with any
nondiscrimination law or policy,this Agreement may be rescinded,cancelled,or
terminated in whole or in part,and the County may be declared ineligible for the City
to hire with any further grant awards from the Funding Board. The County is
responsible for the consequences arising from the County's failure to comply with
these nondiscrimination laws,when applicable.
F Prevailing Wage—The County agrees to pay the prevailing rate of wage to all
workers, laborers, or mechanics employed in the performance of any part of this
contract when required by state law to do so, and to comply with the provisions of the
Davis-Bacon Act, other federal laws and Chapter 39 12 RC W, as amended,and the
rules and regulations of the Department of Labor and Industries.
G. Restrictions on Use of Agreement funds—No part of any funds provided under this
Agreement shall be used, other than for normal and recognized executive-legislative
relations, for publicity or propaganda purposes, or for the preparation,distribution, or
use of any kit, pamphlet, booklet, publication, radio, television,or video presentation
designed to support or defeat legislation pending before the U.S. Congress or any
state legislature. No part of any funds provided under this Agreement shall be used to
pay the salary or expenses of any County official, staff, employee or agent related to
any activity designed to influence legislation or appropriations pending before the
U.S. Congress or any state legislature.
H. Debarment or Suspension—The County certifies, by signing this Agreement, that
neither it nor its officials nor any other lower tier participants (defined as any other
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entity to which the County passes funds under this Agreement)are presently
debarred, suspended, proposed for debarment,declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency
The County agrees that it shall provide immediate written notice to the City if at any
time the County learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
I. Should the County enter into a subcontract for the purposes of implementing the
terms of this Agreement, the County agrees by signing this Agreement that it will
verify that the entity with whom it enters such subcontract is not excluded or
disqualified. The County will do this by
I Checking the federal Excluded Parties List System (www.eols.gov) for that entity;
or
2. Collecting a certification from that entity; or
3. Adding a clause or condition to the subcontract with that entity
The County agrees by signing this Agreement that it shall not knowingly enter into a
subcontract with an entity which is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized
by Auburn and RCO. Auburn and the County may rely upon a certification of a
Prospective lower tier participant that it is not debarred, suspended, ineligible, or
voluntarily excluded from the subcontract, unless it knows that the certification is
erroneous.
IX. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the County as part of his performance of this Agreement (the "Work Products") shall be
owned by and become the property of the City, and may be used by the City for any
purpose beneficial to the City
X. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts found
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RES.C Page 285 of 597
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
XI. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Agreement is
in effect,the County agrees that, notwithstanding such dispute or conflict,the County
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
XII, Counterparts
This Agreement may be executed in counterparts.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the
day of 2012.
Approved as to Form King County-
By- By
Title: Deputy Prosecuting Attorney Title: Department Director
Department of Natural Resources and Parks
ApprovedW to Form City of Auburn:
By
hre-JA"By
Title: City Attorney Title: Mayor, City of Auburn
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Exhibit One
Scope of Work
Fenster Levee Setback Project, Phase 2
Project Overview
The City of Auburn's Fenster Levee Setback project("Project")will restore in-stream and
riparian habitat and increasing floodwater conveyance within the Green River by setting back
approximately 700 feet of the Fenster Levee from the river's edge to a point roughly 300 feet
landward from its existing location. Project goals are:
increasing the channel cross-section,thereby improving local flood conveyance through
the affected reach of the lower Green River;
slowing floodwater velocities, thereby reducing erosion,and increasing flood refugia for
juvenile salmonids; and
restoring quantity and quality of floodplain and riparian habitat along the river stretch.
Phase 1 of the Project was completed in 2006. On November 29, 2010, Auburn entered into an
agreement with King County to perform site assessment/data collection and feasibility and
alternative analysis for the Project.
Under this scope of work and attached agreement, King County will provide the following
services to assist the City in implementing the project through construction:
Project management
Cultural Resources Site Assessment and Associated Coordination with tribes and
regulators
Design
Permit Submittal on behalf of Auburn and Regulatory Agency Coordination
Construction management and inspection
The Project will be funded using a combination of federal, state, and local grant money from the
King Conservation District, King County Flood Control District, and the Salmon Recovery
Funding Board, in-kind technical engineering and/or design services to be provided by King
County, along with local stormwater funds provided by the City of Auburn. These funds will be
used to pay for the design,permitting, and construction of the project including the technical
support described below in this scope. Total Project funding available is $1,250,000.
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Timeline
Tasks outlined in this scope of work will be completed in two phases: 1)design and permitting;
and 2) construction. Phase 1 will be completed by April, 2013 Phase 2 will begin upon issuance
of the Notice to Proceed to construction by the City of Auburn. Construction dates will depend
on approval of the final design, issuance of all necessary permits and local, state or federal
permit conditions regarding work in the river In-channel construction will be completed by the
close of the"fish window"stipulated by the Hydraulic Project Approval issued by WDFW for
the project(this date is anticipated to be on or about September 15, 2013).
Tasks
1 Project Management
This task includes:
Preparing scope, schedule, and budget
Monitoring/controlling project work, coordinating project tasks
Reporting on status
Managing communications,
Directing the King County Design Team and Construction Management and Inspection
Team
Deliverables:
Final Project scope, schedule, and budget.
Bills/invoices and supporting documentation to match project funding grant
requirements.
Monthly written progress reports providing updates on project progress and status,
including scope, schedule and budget.
Schedule: Ongoing through to project completion(projected to be by the end of the fourth quarter of
2014).
2. Cultural Resources Investigations
This task includes:
Completing cultural resources site assessment.
Coordinating with the State Recreation and Conservation Office(RCO),Native
American tribes and the State Department of Archaeology and Historical Preservation
DAHP)to complete State regulatory requirements and processes.
Deliverables:
Copies of completed Cultural Resources Survey of Project site.
Fulfillment of either the Washington State Executive Order 05-05 or National Historic
Preservation Act(NHPA) Section 106 process requirements.
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RES.C Page 288 of 597
Schedule: Site investigation will be completed within two months of execution of this
Agreement.
Assumptions:
No Register-eligible artifacts or sites are discovered or determined to be affected during
investigations or construction of the project. If such artifacts are found, it would likely
increase the cost of the Project.
3. Preliminary, 60 Percent, and Final Engineering Designs
Tasks include:
Completing Preliminary design, including survey, base map preparation, setback levee
alignment, structure positions, preparation of design drawings and updated construction
cost estimate.
Completing 60 percent and final designs, including engineering analysis, design, right-of-
way acquisition(to be undertaken and completed by Auburn),preparation of construction
plans, technical specifications, cost estimates, planting plan, and final stamping by the
engineer-of-record. The engineering design will be based on Alternative I from the
Fenster Levee Setback Project Phase II Site Assessment and Project Alternatives
Analysis, as modified to reduce construction costs.
Performing construct-ability review to identify any potential issues and risks during
construction.
Coordinating with the City on design modifications.
Coordinating design development and review with the King County Flood Control
District.
Develop Operations and Maintenance Manual.
Deliverables:
Copies of Preliminary design drawings, revised cost estimate, and related documents for
Auburn's review and approval.
Copies of 60 percent and final construction plans stamped by the engineer-of-record,
construction cost estimate, related documents for review and concurrence.
Operations and maintenance manual.
Schedule: Preliminary design drawings will be completed and available for review by Auburn
on or before December 1, 2012. 60 percent plan set and related documents will be completed
and available for review by December 31, 2012. Final plan set and related documents will be
completed and available for review by April 30, 2013 These deadlines are contingent upon the
assumptions below and at the end of this scope of work.
Assumptions.Final Design will be.based upon the 60%plan set. Costs would be higher for
more detailed plans and specs required for contractor procurement.
4. Permitting/Regulatory Compliance
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This task includes:
Preparing and submitting all permit applications as agent for the City of Auburn.
Required permits/compliance actions are assumed to be: Hydraulic Project Approval
HPA) from WDFW, via expedited process for fish habitat enhancement projects;
NPDES Construction Permit;"Limit 8" Endangered Species Act compliance certification;
Executive Order 05-05 (Historic Preservation)compliance.
Communicating with review agency staff during permit review and negotiation of permit
conditions.
Updating City staff via phone/e-mail on regulatory agency interactions.
Deliverables: Completed/submitted permit applications and"Limit 8" form.
Schedule:Permit applications will be submitted concurrent with the completion of the 60
percent plan set. Permits are expected to be issued by May 31, 2013 to prevent delays to the
construction schedule.
Assumptions:Project qualifies for"Limit 8"certification of ESA compliance and expedited
Fish Enhancement Project permitting from WDFW, and does not require SEPA, local permitting
or permitting from the US Army Corps of Engineers. If the project does not qualify for these
permits and certifications,permitting and regulatory costs will be higher
5. Construction Coordination and Supervision
This task includes:
Perform constructability review
Assist Auburn in obtaining a construction contractor
Transmit construction-ready plans/documents to contractor
Obtain construction cost estimate from contractor.
Develop change order procedures and decision protocols/thresholds.
Coordinate with contractor on construction, including pre-construction meeting,
construction schedule, materials purchases, right-of-entry verification, traffic control/road
closure plan.
Oversee erosion control and perform Certified Erosion and Sediment Control Lead
CESCL)responsibilities to comply with NPDES requirements.
Perform daily inspections and complete daily field activity reports.
Coordinate archaeological and cultural resources monitoring of excavation work.
Purchase plants and oversee planting installation.
Perform punch-list inspection with City staff.
Deliverables:
Construction Management Plan(CMP).
Construction schedule.
Information/materials necessary for Auburn to issue Notice to Proceed.
Written documentation of various construction planning elements.
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RES.C Page 290 of 597
Weekly progress summaries with daily field activity reports, change order log, submitted
weekly erosion and sediment control monitoring reports by CESCL.
Punch-list inspection summary
Schedule: Auburn will have information and materials necessary to issue the Notice to Proceed
by June 30, 2013. Construction,except for planting,will be completed by the end of the"fish
window"as dictated by WDFW(likely September 15, 2013). Planting is expected to be
completed by late March 2014.
Assumptions:The City of Auburn will negotiate a separate agreement with a contractor for
construction of the project. The form and content of the construction agreement will be
determined by the parties. If 100%plans and specifications are required to obtain bids from
contractors, extra costs will be incurred.
6. Project Closeout
This task includes administrative closeout and as-built drawing preparation, including
documentation of any field changes.
Deliverables:
As-built plan set.
Financial reports and related documents.
Documentation of any field changes.
Schedule: Project close-out will be completed by June 30, 2014
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Exhibit Two
Estimated Costs
Auburn's total project budget(including construction) is $1,250,000. This scope of work covers
project management, design, permitting, and construction coordination and supervision services
to be provided by King County WLRD. Construction costs will be paid under a separate
agreement/contract between Auburn and contractor(s).
Estimated Service Costs
Task Budget($) Projected Completion
date
1 Project Management * 17,585 June 30, 2014
2. Cultural Resources Investigations 15,500 November 15,2012
or 30 days after
agreement execution
3. Engineering and Design(Preliminary 120,000 April 30, 2013
through Final)*
4. Perm ittin a lato Compliance 45,000 May 31, 2013
5a.NTP issued by Auburn 0 June 30,2013
5b. Construction Coordination and 39,257 September 15,2013
Supervision *
5c. Archaeological Monitoring 16,000 September 15, 2013
6. Project Closeout/As-builts* 5,000 June 30, 2014
Estimated Cost of Tasks 258,342
15% Contingency" 38,751
Total 297,093 June 30, 2014
Denotes an"A&E Activity" This project is subject to funding source limitations for Architectural and
Engineering activities(A&E). Budget for starred tasks shall not be exceeded without prior written
authorization by the City Additionally,King County will contribute a total of$35,000 in in-kind technical
services for any one or more of the A&E tasks.Costs for other tasks may be shifted between tasks as long
as the total budget($297,093,inclusive of King County's in-kind contribution)is not exceeded.
Contingency funds shall not be expended without prior written authorization from the City,specifying the
amount of funds to be expended and the task(s)to which the authorized funds are to be allocated.
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1
INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF
AUBURN FOR ENGINEERING-RELATED SERVICES
This Agreement is made and entered into by King County, Washington, hereinafter referred to as
"County" and the City of Auburn, a Washington municipal corporation, hereinafter referred to as
“Auburn” or “City," collectively referred to as the "Parties," or singularly, "Party," in order for
King County, through its Water and Land Resources Division (“WLRD”), to provide technical
and management services to support the City in constructing the Fenster Levee Setback Project
Phase II ("Project").
The Parties mutually agree as follows:
I. Purpose
The purpose of this Agreement is to set forth the terms under which the County will
provide technical and management services to the City, as described in Exhibit One,
attached to this Agreement and incorporated herein and made a part hereof.
King County is providing the technical and management services as a collaborative effort
with the City to promote the joint goals of flood protection and salmon restoration. King
County is taking the lead role in the design and is also providing in-kind design services
to ensure consistency of the project with other recently constructed projects (Fenster and
Pautzke) within the reach that were completed using designs by King County.
II. Administration
A. The City and the County shall each appoint an administrator to ensure ongoing
compliance with this Agreement and to resolve any conflicts. The administrators shall
communicate on an as needed basis. Either Party's administrator is authorized to
convene a meeting with a minimum of ten (10) calendar days’ written notice to the
other.
B. Any conflict that is not resolved by the administrators within ten (10) working days of
a meeting held to discuss the conflict shall be referred for resolution to the City’s
Planning & Development Director and the County’s WLRD Director. If the conflict
RES.C Page 293 of 597
2
cannot be resolved by the Planning & Development Director and the WLRD Director,
it shall be referred to the Mayor and the Director of the King County Department of
Natural Resources and Parks (DNRP) for resolution. In the event that the conflict
cannot be resolved by the Mayor and the DNRP Director, either Party may seek
interpretation or enforcement of the terms of this Agreement, or relief or remedy from
a breach of the terms of this Agreement, in law or equity.
C. All communications regarding this Agreement shall be sent to the Parties at the
addresses listed below unless a Party gives notice of a change of address. Any
written notice shall become effective three business days after the date of mailing by
registered or certified mail.
To the City of Auburn
Chris Andersen, Environmental Protection Manager
25 West Main Street
Auburn, WA 98001
To WLRD
Jon Hansen, Supervising Environmental Scientist
King Street Center
201 S Jackson Street, Room 600
Seattle, WA 98104-3855
III. Responsibilities of the Parties
A. King County:
1. Shall provide services as outlined in Exhibit One, including:
• Complete a design for a capital project, scaled for a maximum total Project
cost of $1,250,000 similar to Alternative 1B outlined in the Fenster Levee
Setback Project Phase II Site Assessment and Alternatives Analysis.
• Submit designs for the City’s review and comment at the 30% and 60%
design milestones.
• When comments from the 60% design review have been incorporated and
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3
both Parties have approved the design, designate a licensed Professional
Engineer who will finalize the plans, stamp them with a Professional
Engineers stamp, and serve as the Project’s Engineer of Record.
• Obtain all necessary permits as agent for the City to construct the Project per
the final design.
• Manage and coordinate construction activities in compliance with all
applicable permit conditions, including installation of plantings, to Project
completion.
2. Shall provide the services provided for herein, and will not purport to represent
the City in other matters unrelated to these services. Control of personnel
standards of performance, discipline, and all other aspects of work shall be
governed entirely by the County. All persons from the County rendering service
hereunder shall be for all purposes employees of the County. To the extent
applicable, the County shall include the requirements in Article VIII below in any
subcontract executed for the performance of services under this Agreement.
3. Shall furnish all personnel, resources, and materials deemed by the County to be
necessary to provide the services provided for herein.
4. Shall not have responsibility for Project monitoring, maintenance or repair after
completion of Project construction.
B. Auburn shall:
1. Attend all pertinent meetings, respond to information requests, review draft
documents and plan sets, and participate in design decisions in a timely manner
consistent with the timeline described in Exhibit One. The City will also accept
and sign off on all deliverables as appropriate or provide a timely reason as to
why such sign-off is not being undertaken.
2. Obtain in a timely manner any rights-of-way and easements necessary for Project
Construction.
3. Procure Project construction services under a separate contract, with contractor(s)
of the City’s choosing.
4. Issue a Notice to Proceed to Construction upon receipt of Final Plans and copies
of all necessary permits.
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4
5. Upon Project construction completion, be responsible for all permit-required post-
construction monitoring. Costs associated with post-project monitoring are not
addressed in this Agreement.
IV. Costs and Billing
A. The City will pay the County for the actual costs, including labor, materials and fees,
to complete tasks as outlined in Exhibit One, up to an amount not to exceed $297,093.
Estimated costs per task are as outlined on Exhibit Two, attached to this Agreement
and incorporated herein and made a part hereof.
B. The County will invoice the City on a quarterly basis for services rendered. The City
will pay invoices within 60 days of receiving the invoice with all required backup
documentation as detailed below.
C. The County will supply documentation of all expenditures including invoices, labor
summaries, timesheets, etc. as necessary for the City to submit required
documentation for grants received from third parties. The City is responsible for all
grant management and compliance requirements.
V. Effectiveness, Duration, Termination and Amendment
A. This Agreement is effective upon signature by both Parties and will remain in effect
until December 31, 2014.
B. This Agreement may be terminated by either Party upon 30 days written notice. In
the event of termination, payment will be made by the City for work performed by the
County to the date of termination.
C. This Agreement may be amended only by written agreement of the Parties.
D. This Agreement is not assignable by either Party, either in whole or in part.
E. This Agreement is a complete expression of the intent of the Parties and any oral or
written representations or understandings not incorporated herein are excluded.
F. The Parties recognize that time is of the essence in the performance of the provisions
of this Agreement.
G. Waiver of any default shall not be deemed to be waiver of any subsequent default.
Waiver of breach of any provision of this Agreement shall not be deemed to be a
RES.C Page 296 of 597
5
waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such through written
approval by the parties which shall be attached to the original Agreement.
H. Funding or obligation under this Agreement beyond the current appropriation year is
conditional upon budget appropriation by the legislative authority of each Party.
Should such appropriations not be approved, this Agreement will terminate at the
close of the last year for which appropriation has been provided.
VI. Unforeseen Circumstances
A. The Parties recognize that during the course of conducting activities provided for in
this Agreement unforeseen circumstances may arise that could cause significant
changes to the Project scope, schedule and or budget. Such unforeseen circumstances
may include but not be limited to the discovery of the presence of archeological
artifacts at the Project site or the discovery of toxic materials on the Project site, or
significantly higher than anticipated contract bid or other cost.
B. If the unforeseen circumstances will affect the Project schedule, the Parties may
jointly decide to modify the schedule to accommodate resolution of the unforeseen
circumstances.
C. If the unforeseen circumstances are projected to cause the budget as outlined in
Exhibit Two to be exceeded, the Parties may agree to modify the Exhibit One Scope
of Work to bring the cost of the services within budget. Any change in scope that
would cause the total costs of services provided under this Agreement to exceed
$297,093 shall be contingent on the appropriation of Auburn’s legislative authority of
the funds necessary to meet the cost overage.
D. If due to unforeseen circumstances, the Parties agree that the Project and the services
provided under this Agreement cannot go forward as planned, this Agreement may be
terminated per the terms of Agreement Section V.B.
VII. Indemnification
A. To the extent not within any immunity conferred by law on Auburn and on King
County, Auburn agrees to hold harmless and indemnify the County, its officers,
RES.C Page 297 of 597
6
officials, employees, and agents, while acting within the scope of their employment
for the services provided for herein, from any and all costs, claims, judgments,
penalties, and/or awards of damages, arising out of or in any way resulting from a
negligent act or omission of Auburn, it officers, officials, employees or agents in
performing its obligations under the terms of this Agreement. To the extent not
within any immunity conferred by law on King County and on Auburn, King County
agrees to hold harmless and indemnify Auburn, its officers, officials, employees, and
agents, while acting within the scope of their employment for the services provided
for herein, from any and all costs, claims, judgments, penalties, and/or awards of
damages, arising out of or in any way resulting from a negligent act or omission of
King County, its officers, officials, employees or agents in performing its obligations
under the terms of this Agreement. In the case of negligence of both the City and
King County, any damages that may be allowed shall be levied in proportion to the
percentage of negligence attributable to each Party, and each Party shall have the
right to seek contribution from the other Party in proportion to the percentage of
negligence attributable to the other Party.
B. Each Party agrees that its obligations under Section A of this Article extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its
employees or agents. For this purpose, each Party, by mutual negotiation, hereby
waives, with respect to the other Party only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title 51
RCW; provided that such waiver shall not preclude any indemnifying Party from
raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
C. The Parties recognize that the Project is intended to increase protection against
flooding and its damages for the City, its citizens, and property within and around the
City. However, such efforts at increasing protection are no guarantee that flooding
and damage will not occur. In the event that flooding does occur, King County and
Auburn shall continue to enjoy the immunity for flood prevention measures conferred
by law, and it is the intention of the Parties that the City shall likewise be included
within such immunity to the extent allowed by law, and to the extent not covered by
RES.C Page 298 of 597
7
the City's reasonable exercise of its police powers. Nothing in this Article VII shall
be construed to eliminate, reduce, or otherwise abrogate any immunity conferred on
King County or Auburn in connection with acts or omissions arising out of the
Project. Nothing in this Agreement shall be construed as conferring any rights on any
third party.
D. In the event that a Party incurs any judgment, award, and/or costs, including
reasonable attorney's fees, arising from actions, to enforce the provisions of this
Article and prevails in such actions, all such fees, expenses, and costs shall be
recoverable from the other Party. The indemnification provisions in this Article VII
shall survive the termination of this Agreement.
VIII. Compliance with Conditions Pertaining to Auburn’s Salmon Project Agreement
with the State of Washington through its Salmon Recovery Funding Board
A. Partial funding for the Project derives from federal funding for salmon conservation
provided to Auburn through a grant agreement with the State of Washington Salmon
Recovery Funding Board ("Funding Board"). The grant agreement sets specific
requirements for and restrictions on the use of the funds provided, including funds
passed through to third parties to complete Project work. The terms in this Section
VIII derive from the requirements in the grant agreement.
B. The County will implement this Agreement in accordance with applicable federal,
state, and local laws, regulations and the Washington State Recreation and
Conservation Office (“RCO”) and the Funding Board policies.
C. The County shall comply with, and the City is not responsible for determining
compliance with, any and all federal, state, and local laws, regulations, and/or policies
applicable to the Project, including, but not limited to: Industrial Insurance Coverage;
Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval,
demolition); land use regulations (critical areas ordinances, Growth Management
Act); federal and state safety and health regulations (Occupational Safety and Health
Administration/Washington Industrial Safety and Health Act); and Buy American
Act.
D. Endangered Species – For this Project, the County shall not commence with clearing
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8
of riparian trees or in-water work unless either the County has complied with 50 CFR
223.203(b)(8), limit 8 or until an Endangered Species Act consultation is finalized in
writing by the National Oceanic and Atmospheric Administration. Violation of this
requirement may be grounds for terminating the Auburn - RCO agreement and may
constitute a breach of this Agreement. This Section D. shall not be the basis for
creating any enforcement responsibility by the City.
E. Nondiscrimination Laws – The County shall comply with all applicable federal, state,
and local nondiscrimination laws and/or policies, including but not limited to the
Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act.
In the event of the County’s noncompliance or refusal to comply with any
nondiscrimination law or policy, this Agreement may be rescinded, cancelled, or
terminated in whole or in part, and the County may be declared ineligible for the City
to hire with any further grant awards from the Funding Board. The County is
responsible for the consequences arising from the County’s failure to comply with
these nondiscrimination laws, when applicable.
F. Prevailing Wage – The County agrees to pay the prevailing rate of wage to all
workers, laborers, or mechanics employed in the performance of any part of this
contract when required by state law to do so, and to comply with the provisions of the
Davis-Bacon Act, other federal laws and Chapter 39.12 RCW, as amended, and the
rules and regulations of the Department of Labor and Industries.
G. Restrictions on Use of Agreement funds – No part of any funds provided under this
Agreement shall be used, other than for normal and recognized executive-legislative
relations, for publicity or propaganda purposes, or for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before the U.S. Congress or any
state legislature. No part of any funds provided under this Agreement shall be used to
pay the salary or expenses of any County official, staff, employee or agent related to
any activity designed to influence legislation or appropriations pending before the
U.S. Congress or any state legislature.
H. Debarment or Suspension – The County certifies, by signing this Agreement, that
neither it nor its officials nor any other lower tier participants (defined as any other
RES.C Page 300 of 597
9
entity to which the County passes funds under this Agreement) are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
The County agrees that it shall provide immediate written notice to the City if at any
time the County learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
I. Should the County enter into a subcontract for the purposes of implementing the
terms of this Agreement, the County agrees by signing this Agreement that it will
verify that the entity with whom it enters such subcontract is not excluded or
disqualified. The County will do this by:
1. Checking the federal Excluded Parties List System (www.epls.gov) for that entity;
or
2. Collecting a certification from that entity; or
3. Adding a clause or condition to the subcontract with that entity.
The County agrees by signing this Agreement that it shall not knowingly enter into a
subcontract with an entity which is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized
by Auburn and RCO. Auburn and the County may rely upon a certification of a
prospective lower tier participant that it is not debarred, suspended, ineligible, or
voluntarily excluded from the subcontract, unless it knows that the certification is
erroneous.
IX. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the County as part of his performance of this Agreement (the “Work Products”) shall be
owned by and become the property of the City, and may be used by the City for any
purpose beneficial to the City.
X. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts found
RES.C Page 301 of 597
10
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
XI. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Agreement is
in effect, the County agrees that, notwithstanding such dispute or conflict, the County
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
XII. Counterparts
This Agreement may be executed in counterparts.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the
day of , 2012.
Approved as to Form King County:
By: By: ___________________________
Title: Deputy Prosecuting Attorney Title: Department Director
Department of Natural Resources and Parks
Approved as to Form City of Auburn:
By: By: ___________________________
Title: City Attorney Title: Mayor, City of Auburn
RES.C Page 302 of 597
11
Exhibit One
Scope of Work
Fenster Levee Setback Project, Phase 2
Project Overview
The City of Auburn’s Fenster Levee Setback project (“Project”) will restore in-stream and
riparian habitat and increasing floodwater conveyance within the Green River by setting back
approximately 700 feet of the Fenster Levee from the river’s edge to a point roughly 300 feet
landward from its existing location. Project goals are:
• increasing the channel cross-section, thereby improving local flood conveyance through
the affected reach of the lower Green River;
• slowing floodwater velocities, thereby reducing erosion, and increasing flood refugia for
juvenile salmonids; and
• restoring quantity and quality of floodplain and riparian habitat along the river stretch.
Phase 1 of the Project was completed in 2006. On November 29, 2010, Auburn entered into an
agreement with King County to perform site assessment/data collection and feasibility and
alternative analysis for the Project.
Under this scope of work and attached agreement, King County will provide the following
services to assist the City in implementing the project through construction:
• Project management
• Cultural Resources Site Assessment and Associated Coordination with tribes and
regulators
• Design
• Permit Submittal on behalf of Auburn and Regulatory Agency Coordination
• Construction management and inspection
The Project will be funded using a combination of federal, state, and local grant money from the
King Conservation District, King County Flood Control District, and the Salmon Recovery
Funding Board, in-kind technical engineering and/or design services to be provided by King
County, along with local stormwater funds provided by the City of Auburn. These funds will be
used to pay for the design, permitting, and construction of the project including the technical
support described below in this scope. Total Project funding available is $1,250,000.
RES.C Page 303 of 597
12
Timeline
Tasks outlined in this scope of work will be completed in two phases: 1) design and permitting;
and 2) construction. Phase 1 will be completed by April, 2013 Phase 2 will begin upon issuance
of the Notice to Proceed to construction by the City of Auburn. Construction dates will depend
on approval of the final design, issuance of all necessary permits and local, state or federal
permit conditions regarding work in the river. In-channel construction will be completed by the
close of the “fish window” stipulated by the Hydraulic Project Approval issued by WDFW for
the project (this date is anticipated to be on or about September 15, 2013).
Tasks
1. Project Management
This task includes:
• Preparing scope, schedule, and budget
• Monitoring/controlling project work, coordinating project tasks
• Reporting on status
• Managing communications,
• Directing the King County Design Team and Construction Management and Inspection
Team
Deliverables:
• Final Project scope, schedule, and budget.
• Bills/invoices and supporting documentation to match project funding grant
requirements.
• Monthly written progress reports providing updates on project progress and status,
including scope, schedule and budget.
Schedule: Ongoing through to project completion (projected to be by the end of the fourth quarter of
2014).
2. Cultural Resources Investigations
This task includes:
• Completing cultural resources site assessment.
• Coordinating with the State Recreation and Conservation Office (RCO), Native
American tribes and the State Department of Archaeology and Historical Preservation
(DAHP) to complete State regulatory requirements and processes.
Deliverables:
• Copies of completed Cultural Resources Survey of Project site.
• Fulfillment of either the Washington State Executive Order 05-05 or National Historic
Preservation Act (NHPA) Section 106 process requirements.
RES.C Page 304 of 597
13
Schedule: Site investigation will be completed within two months of execution of this
Agreement.
Assumptions:
No Register-eligible artifacts or sites are discovered or determined to be affected during
investigations or construction of the project. If such artifacts are found, it would likely
increase the cost of the Project.
3. Preliminary, 60 Percent, and Final Engineering Designs
Tasks include:
• Completing Preliminary design, including survey, base map preparation, setback levee
alignment, structure positions, preparation of design drawings and updated construction
cost estimate.
• Completing 60 percent and final designs, including engineering analysis, design, right-of-
way acquisition (to be undertaken and completed by Auburn), preparation of construction
plans, technical specifications, cost estimates, planting plan, and final stamping by the
engineer-of-record. The engineering design will be based on Alternative 1B from the
Fenster Levee Setback Project Phase II Site Assessment and Project Alternatives
Analysis, as modified to reduce construction costs.
• Performing constructability review to identify any potential issues and risks during
construction.
• Coordinating with the City on design modifications.
• Coordinating design development and review with the King County Flood Control
District.
• Develop Operations and Maintenance Manual.
Deliverables:
• Copies of Preliminary design drawings, revised cost estimate, and related documents for
Auburn’s review and approval.
• Copies of 60 percent and final construction plans stamped by the engineer-of-record,
construction cost estimate, related documents for review and concurrence.
• Operations and maintenance manual.
Schedule: Preliminary design drawings will be completed and available for review by Auburn
on or before December 1, 2012. 60 percent plan set and related documents will be completed
and available for review by December 31, 2012. Final plan set and related documents will be
completed and available for review by April 30, 2013. These deadlines are contingent upon the
assumptions below and at the end of this scope of work.
Assumptions: Final Design will be based upon the 60% plan set. Costs would be higher for
more detailed plans and specs required for contractor procurement.
4. Permitting/Regulatory Compliance
RES.C Page 305 of 597
14
This task includes:
• Preparing and submitting all permit applications as agent for the City of Auburn.
Required permits/compliance actions are assumed to be: Hydraulic Project Approval
(HPA) from WDFW, via expedited process for fish habitat enhancement projects;
NPDES Construction Permit;“Limit 8” Endangered Species Act compliance certification;
Executive Order 05-05 (Historic Preservation) compliance.
• Communicating with review agency staff during permit review and negotiation of permit
conditions.
• Updating City staff via phone/e-mail on regulatory agency interactions.
Deliverables: Completed/submitted permit applications and “Limit 8” form.
Schedule: Permit applications will be submitted concurrent with the completion of the 60
percent plan set. Permits are expected to be issued by May 31, 2013 to prevent delays to the
construction schedule.
Assumptions: Project qualifies for “Limit 8” certification of ESA compliance and expedited
Fish Enhancement Project permitting from WDFW, and does not require SEPA, local permitting
or permitting from the US Army Corps of Engineers. If the project does not qualify for these
permits and certifications, permitting and regulatory costs will be higher.
5. Construction Coordination and Supervision
This task includes:
• Perform constructability review.
• Assist Auburn in obtaining a construction contractor.
• Transmit construction-ready plans/documents to contractor.
• Obtain construction cost estimate from contractor.
• Develop change order procedures and decision protocols/thresholds.
• Coordinate with contractor on construction, including pre-construction meeting,
construction schedule, materials purchases, right-of-entry verification, traffic control/road
closure plan.
• Oversee erosion control and perform Certified Erosion and Sediment Control Lead
(CESCL) responsibilities to comply with NPDES requirements.
• Perform daily inspections and complete daily field activity reports.
• Coordinate archaeological and cultural resources monitoring of excavation work.
• Purchase plants and oversee planting installation.
• Perform punch-list inspection with City staff.
Deliverables:
• Construction Management Plan (CMP).
• Construction schedule.
• Information/materials necessary for Auburn to issue Notice to Proceed.
• Written documentation of various construction planning elements.
RES.C Page 306 of 597
15
• Weekly progress summaries with daily field activity reports, change order log, submitted
weekly erosion and sediment control monitoring reports by CESCL.
• Punch-list inspection summary.
Schedule: Auburn will have information and materials necessary to issue the Notice to Proceed
by June 30, 2013. Construction, except for planting, will be completed by the end of the “fish
window” as dictated by WDFW (likely September 15, 2013). Planting is expected to be
completed by late March 2014.
Assumptions: The City of Auburn will negotiate a separate agreement with a contractor for
construction of the project. The form and content of the construction agreement will be
determined by the parties. If 100% plans and specifications are required to obtain bids from
contractors, extra costs will be incurred.
6. Project Closeout
This task includes administrative closeout and as-built drawing preparation, including
documentation of any field changes.
Deliverables:
• As-built plan set.
• Financial reports and related documents.
• Documentation of any field changes.
Schedule: Project close-out will be completed by June 30, 2014.
RES.C Page 307 of 597
16
Exhibit Two
Estimated Costs
Auburn’s total project budget (including construction) is $1,250,000. This scope of work covers
project management, design, permitting, and construction coordination and supervision services
to be provided by King County WLRD. Construction costs will be paid under a separate
agreement/contract between Auburn and contractor(s).
Estimated Service Costs
Task Budget ($) Projected Completion
date
1. Project Management * $17,585 June 30, 2014
2. Cultural Resources Investigations $15,500 November 15, 2012
or 30 days after
agreement execution
3. Engineering and Design (Preliminary
through Final)*
$120,000 April 30, 2013
4. Permitting/Regulatory Compliance $45,000 May 31, 2013
5a. NTP issued by Auburn $0 June 30, 2013
5b. Construction Coordination and
Supervision *
$39,257 September 15, 2013
5c. Archaeological Monitoring $16,000 September 15, 2013
6. Project Closeout/As-builts* $5,000 June 30, 2014
Estimated Cost of Tasks $258,342
+ 15% Contingency** $38,751
Total $297,093 June 30, 2014
* Denotes an “A&E Activity”. This project is subject to funding source limitations for Architectural and
Engineering activities (A&E). Budget for starred tasks shall not be exceeded without prior written
authorization by the City. Additionally, King County will contribute a total of $35,000 in in-kind technical
services for any one or more of the A&E tasks. Costs for other tasks may be shifted between tasks as long
as the total budget ($297,093, inclusive of King County’s in-kind contribution) is not exceeded.
** Contingency funds shall not be expended without prior written authorization from the City, specifying the
amount of funds to be expended and the task(s) to which the authorized funds are to be allocated.
RES.C Page 308 of 597
Fenster Levee Setback Floodplain Restoration Phase II
Site Assessment and Project Alternatives Analysis
4
RES.C Page 309 of 597
Fenster Levee Setback Floodplain Restoration Phase II
Site Assessment and Project Alternatives Analysis
23
RES.C Page 310 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4871
Date:
October 9, 2012
Department:
Information Services
Attachments:
Res 4871
interlocal Agreement
Budget Impact:
$11500.00
Administrative Recommendation:
Staff recommends entering into the ILA with Federal Way.
Background Summary:
With the new Valley Com Computer Aided Dispatch (CAD) system being brought online
in late 2013, each of the Cities will need an Interface to facilitate the automated retrieval
of incident data from the CAD system into their respective Police Records Management
system. The Interface is not included as part of the CAD project and will need to be
developed separately. This agreement is between the four Cities (Federal Way, Des
Moines, Black Diamond, and Auburn) that use Spillman Police Records Management to
share the cost of developing the Interface. Federal Way will take the lead in providing
administrative oversight during the development and testing of this Interface by Fisher
Interface Solutions ("Fisher"). This expense was budgeted in the 2012 budget.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Stowe
Meeting Date:November 5, 2012 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 311 of 597
RESOLUTION NO. 4-8 7 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN AND
THE CITIES OF FEDERAL WAY, AUBURN, DES MOINES,
AND BLACK DIAMOND FOR DEVELOPMENT OF THE
TIBURON TO SPILLMAN INTERFACE
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes
municipalities in Washington to enter into agreements for the joint undertaking of certain
projects as provided therein; and
WHEREAS, it is considered necessary and desirable in the public interest that
the Cities exercise their respective rights and privileges afforded by said statute; and
WHEREAS, the Cities wish to share the cost to develop a software interface
Interface") connecting the Valley Communications ("Valley Com") Tiburon Computer
Aided Dispatch ("CAD") system to each Cities' Spillman Records Management System
RMS"); and
WHEREAS, Federal Way is willing to take the lead in providing administrative
oversight during the development and testing of this Interface by Fisher Interface
Solutions ("Fisher"); and
WHEREAS, the Cities will work together as follows to fund the development of
the Interface;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4871
10.9.12
Page 1 of 2RES.D Page 312 of 597
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RES.D Page 313 of 597
CITY OF CITY HALL
rFederal
33325 8th Avenue
8063-• 18
Box 9718
Z53)
Federal Way,WA 98063-9716
253)835.7000
w otyoffederehveymm
INTERLOCAL AGREEMENT
BETWEEN
THE CITIES OF FEDERAL WAY,AUBURN,DES MOINES, AND BLACK DIAMOND
FOR
TIBURON TO SPILLMAN INTERFACE
THIS INTERLOCAL AGREEMENT, made and entered into this_day of
2012,by and between the City of Federal Way("Federal Way"),and the City of Auburn("AuburW),
the City of Des Moines ("Des Moines"), and the City of Black Diamond ("Black Diamond")
together, "the Cities").
WHEREAS,Chapter 39.34 RCW,the Interlocal Cooperation Act,authorizes municipalities
in Washington to enter into agreements for the joint undertaking of certain projects as provided
therein; and
WHEREAS, it is considered necessary and desirable in the public interest that the Cities
exercise their respective rights and privileges afforded by said statute; and
WHEREAS, the Cities wish to share the cost to develop a software interface("Interface")
connecting the Valley Communications ("Valley Com") Tiburon Computer Aided Dispatch
CAD") system to each Cities' Spillman Records Management System("RMS"); and
WHEREAS, Federal Way is willing to take the lead in providing administrative oversight
during the development and testing of this Interface by Data Pros, LLC ("Data Pros'); and
WHEREAS, the Cities will work together as follows to fund the development of the
Interface;
NOW, THEREFORE, it is mutually agreed by and between the Cities as follows:
1 PURPOSE
With the new Valley Com CAD system being brought online in 2013,each of the Cities will
need an Interface to facilitate the automated retrieval of incident data from the CAD system into their
respective Spillman RMS systems. The Interface is not included as part of the CAD project and will
need to be developed separately This agreement will allow the Cities to share the cost of developing
the Interface between the CAD system and their respective Spillman RMS systems.
2.TERM
The term of this agreement will commence as soon as it is mutually accepted and end on
December 31 `, 2013 This will allow sufficient time for development, testing, installation, and
address any post go-live tasks.
INTERLOCAL 1 - 6/2011
RES.D Page 314 of 597
CITY OF CITY HALL
Federal Way
33325 8th
W
Avenue South•
18
Box 9718
Federal
5.70
W,4 98063-9718
253)835.7000
wwwo"ffederahvaymm
3 CITIES' RESPONSIBILITIES
A. Responsibilities of Federal Way.
Federal Way will execute the contract with Data Pros for development of the Interface,
the Scope of Work for which is attached to this Agreement as Exhibit A and is hereby
incorporated by this reference. Federal Way will coordinate initial beta testing of the
Interface with the CAD and Spillman systems. Federal Way will agree and contract with
Data Pros for its portion of the installation and ongoing maintenance fees.
The contract between Federal Way and Data Pros for the Interface will include a
provision stating that any warranty Data Pros provides for the Interface to Federal Way will
be transferrable to each of the participating jurisdictions. In addition, the contract between
Federal Way and Data Pros for the Interface will include a provision stating that any
indemnification and hold harmless provisions that apply to Federal Way shall apply equally
to each of the participating jurisdictions.
B. Responsibilities of Auburn, Des Moines, and Black Diamond.
Auburn, Des Moines, and Black Diamond agree to contract with Data Pros for their
respective portion of the installation fees as well as ongoing maintenance fees.
Each City will be responsible for contracting with Data Pros separately for the
installation of the interface and any ongoing maintenance,costs.
C. Joint Responsibilities.
The Parties agree to work collaboratively to determine the technical requirements for
the Interface, and to establish milestones for the project. While the Parties intend to work
toward consensus,a vote of the majority of the participating jurisdictions shall be sufficient
to determine technical requirements and milestones. Provided, that nothing in this section
shall prevent any Party from exercising its right to the dispute resolution process set forth in
this Agreement.
4 COMPENSATION, METHOD AND TIME OF PAYMENTS
The Cities agree to equally share the cost of the development and testing of the Interface by
Data Pros for the new Valley Com CAD system. Upon receipt of the invoice from Data Pros,
Federal Way will divide the total cost for development and testing equally among the four agencies
and invoice each City accordingly Each jurisdiction shall contribute an amount not to exceed
12,592.50, including a 15%contingency and Washington State Sales&Use Tax to Federal Way
Payment of each Cities' share is due to the City of Federal Way within 30 days' notice from Federal
Way of the total amount.
INTERLOCAL 2 - 6/2011
RES.D Page 315 of 597
CITY OF CITY HALL
Federal 1 iiay Feder
8th Avenue South FO Box 9718
Federal Way,
0
98063-9718
253)835-7000
w drya//ederabvayoom
Federal Way shall return all funds not expended on the contract to each jurisdiction not later
than 60 days after final acceptance of the Interface.
5 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
Each City agrees to defend, indemnify and hold the other Cities, their officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits,
including but not limited to reasonable attorney fees and litigation costs, (hereinafter `claims'),
Caused solely by the negligence or willful misconduct of such City,its agents,affiliated corporations,
officers, officials, employees, volunteers, or lower tier subcontractors, (hereinafter tortfeasors),
arising out of or in connection with the performance of this Agreement.
If the negligence or willful misconduct of more than one City or its tortfeasors is a cause of
such claims then the liability shall be shared between those Cities in proportion to the relative degree
of negligence or willful misconduct between such Cities and such proportion shall apply to the rights
of indemnity and defense.
Solely for the purposes of this indemnification, it is further specifically and expressly
understood that the indernrrification provided herein constitutes the Cities'waiver of immunity under
Industrial Insurance, Title 51 RCW, for claims brought by any party or party's employee against
another party This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
6.GENERAL TERMS
A. Entire Agreement. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
B. Modification. No provision of this Agreement may be amended or added to except by
agreement in writing signed by the Parties or their respective successors in interest.
C. Full Force and Effect. Any provision of this Agreement which is declared invalid,void or
illegal shall in no way affect, impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
D. Assignment. None of the Cities shall have the right to transfer or assign, in whole or in
part,any or all of its obligations and rights hereunder without the prior written consent of the other
Party
E. No Waiver. Failure of either Party to declare any breach or default immediately upon
occurrence thereof,or delay in taking any action in connection with,shall not waive such breach or
default,but either Party shall have the right to declare any such breach or default at any time and take
such actions that might be lawful or authorized hereunder either at law or in equity Failure of either
INTERLOCAL 3 - 6/2011
RES.D Page 316 of 597
CITY OF CRY HALL
Federal Way 253)
8th Avenue South PO Box 9718
Federal Way,WA 98063-9778
253)835-7000
w ofyaffedereMWoom
Party to declare one breach or default does not act as a waiver of either Party's right to declare
another breach or default.
F Captions. The respective captions of the Sections of this Agreement are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect any of the
provisions of this Agreement.
G. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity
to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity
shall be construed against any parry upon a claim that party drafted the ambiguous language.
H.Jurisdiction and Venue.Jurisdiction and venue for this Agreement shall be in the Superior
Court for King County, Washington.
I. Disputes. In the event that a dispute arises under this Agreement, the Parties shall
endeavor to resolve the dispute in an amicable manner by direct discussions. If the Parties cannot
resolve the dispute by direct discussion, they shall engage in alternative dispute resolution.
Signature page follows]
INTERLOCAL 4 - 6/2011
RES.D Page 317 of 597
CITY OF CITY HALL
Federal Way 253)
8th Avenue South PO Box 9718
Federal Way,WA 98063-9718AA6
253)835-705-7000
w cdyoftderal"ycom
IN WITNESS WHEREOF, the above and foregoing Interlocal has been executed in duplicate by
the parties hereto and made effective on the day and year first above written:
CITY OF FEDERAL WAY CITY OF AUBURN
Skip Priest, Mayor City of Auburn, Mayor
ATTEST ATTEST
Carol McNeilly, CMC, City Clerk Danielle Daskam, City Clerk
Approved as to Form: Appr d as Form:
Patricia A. Richardson, City Attorney Ot6el 13. Heid, City ey
CITY OF DES MOINES CITY OF BLACK DIAMOND
City of Des Moines, Mayor City of Black Diamond, Mayor
ATTEST ATTEST
City of Des Moines, City Clerk City of Black Diamond, City Clerk
Approved as to Form: Approved as to Form:
City of Des Moines, City Attorney City of Black Diamond, City Attorney
INTERLOCAL 5 - 6/2011
RES.D Page 318 of 597
CITY OF CITY HALL
Federal e ® /S
33325 8th Avenue South•
18
Box 9718
Waya Federal Way,WA 98063-9718
253)835.7000
wwwaryollederehvmmm
EXHIBIT "A"
SCOPE OF WORK
1.Data Exchange
1 1 Data Flow
1 1 1 The flow of data is one way,coming from the Tiburon Command CAD Software to the
Spillman Records System.
1 1.2. ACK/NACK—There are no ACK/NACK responses from Tiburon Command CAD, they
push files to an FTP Server,where they will be retrieved and loaded into the Spillman
Records System.
1.2.Data Packages
1.2.1 Incident Data—This interface has only one data package which is Incident Information
originating from Tiburon's Command CAD Software(911 Call Incidents). It includes CAD
Incidents or Calls, Dispatched Units, Segments, RMS Case Numbers, and other Metadata as
described in the Specification from Tiburon titled Command CAD Universal Data Stream
Interface Control Document.
1.3.Data Mapping—Data Mapping will include all fields specified in the Tiburon Command CAD
Universal Data Stream Interface Control Document. Fields that do not map directly to a field in
the Spillman Database can be put into a text Narrative field for the Law Incident. The customer
will help define the mapping of the data and where fields ultimately go in the Spillman Database.
The mapping of the data will be agency customizable based on the requirements for each agency
Customizations must not be hard-coded and incorporate the ability to be modified by the system
administrator of each agency within the Interface Configuration Application.
14 Frequency—The system administrator will have the ability to set up the interface to pull from the
FTP Server Incident Records on a time interval that he/she feels comfortable with. The interval
options will allow for minutes, hours, and days. This will be set up in the Interface Configuration
Application.
2.Connection Methods
2.1 1 FTP Server—The incident information will originate from Command CAD. Upon
incident closure,Command CAD will transfer data to a data warehouse controlled by
Tiburon. From this Data Warehouse,Tiburon will build an XML file containing the incident
data and push that file to an FTP Server accessible by the agency for which the Incidents
belong.
2.11. FTP Server Management—Data Pros, LLC will have read/write access to the FTP Server
to manage the data records contained therein. When the Incident Records are successfully
loaded into the Spillman System and receipt of the successful insert is received,Data Pros
Will remove the records in the FTP Server that were successfully inserted to the Spillman
database.
2.2.Connection Information
2.2.1 URL.
2.2.2. UN:
2.2.3 PW
2.2.4. Firewall Authentication if any?
INTERLOCAL 6 - 6/2011
RES.D Page 319 of 597
CITY OF
r g,
CITY HALL
FederalI e ®
N
33325 8th Avenue
8063- P8 Box 9718
RAY
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Y 253)
Federal Way,WA 98063-9718
253) 835.7000
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3.Failsafe- Secondary Method of Data Exchange
3 1 FTP Server Directory—After successfully loading the records in the Spillman System as described
in Section 2.1.2, Data Pros will remove records from the active directory and save them to an
archive directory on the same FTP Server for archival purposes and a failsafe in case there is a
problem from any side of the Interface for exchanging the incident data.
4.Interface Configuration Application
4.1 Frequency—Allows the System Administrator to determine how frequent the FTP Server is pulled
for new records. In addition, it should allow the System Administrator to determine which data is
mapped to the Spillman Database for future customization by each agency
4.2.Failure Message Response Logging—In the Interface Configuration Application,the System
Administrator will have a logging screen that will show a log of the transactions inserted into the
Spillman Database, both success and failure.
5.Installation
5 1 Interface will reside on an available Windows Server located at the agency using Spillman inside
their firewall with access to the Spillman Server. The server can be running Windows Server
2008 or 2003, and not be approaching full capacity on the RAM and hard drive. The usage is
small,a PC running windows server is sufficient to run the interface.
5.2.The scope of this project is to install the interface at the following agencies:
5.2.1 Auburn Police Department
5.2.2. Black Diamond Police Department
5.2.3. Des Moines Police Department
5.2.4. Federal Way Police Department—Beta Test Site
6.Testing
6.1 Test Server—
6.1 1 Data Pros can test with real or sample files from the actual FTP Servers set up for the
agencies listed in 5.2.
7 Key Tasks and Milestones
7 1 Define Scope of Work—Data Pros will work with Agencies listed in 5.2 in defining the interface
project requirements contained in this document,which is the Scope of Work or SOW When
agreed upon,the SOW will be put into the contract for sign-off.
7.2.Development& Initial Testing—Data Pros will develop the interface as defined in the SOW After
initial development is completed,testing at the Beta Test site defined in section 5.2 will
commence. Development and initial testing will be completed within 90 days of mutual
execution of this agreement.
7.3.installation—Data Pros will install the interface at the respective agencies listed in section 5.2.
7 4 Testing—Data Pros will test the interface with the help of the agencies and Tiburon. Once the
initial testing is verified to be working according to SOW requirements,Data Pros will monitor
the interface with the agencies for a minimum of two weeks. Thus ensuring the product is stable
and functioning correctly
7.5.Completion—When the minimum testing period is over and both parties agree that the interface is
stable,has no open problems, and meets the requirements specified in the SOW,the interface will
be deemed complete and will be invoiced. Data Pros will then release interface product as a
standard supported interface product.
INTERLOCAL 7 - 6/2011
RES.D Page 320 of 597
CITY OF CITY HALL
33325
Federal V1/ay Feder
9th Avenue South PO Box 9719
Federal Way,
0
98063-9778
253)8357000
wwwcdyvfledereMwcom
S.Project Deliverables
8.1 Subject to timely payment, the deliverables described hereafter(the "Deliverables")will be
provided to Client in final form upon completion of the tasks described in this Statement of Work.
Preliminary or draft versions of these Deliverables will be made available to Client for review
during the course of the Project.
8.1 1 Scope of Work
8.1.2. Contract
8.1.3. Spillman to IDOC Web Services Interface
8.14. Installation Services
8.1.5. Beta Testing Services
9.Time and Cost Estimates
91 Time—It is anticipated that this interface will take two months to develop. After the development
period when the first install is stable and working properly, generally a two week period,the other
installs will take place in a timely manner. The secondary installs will require smaller amounts of
time but varies and depends on the expertise and help of the agency
9.2.Costs
9.2.1 Development Costs—The development cost of the interface is $40,000.00.
9.2.2. Installation Costs—Each install will cost$2,000.00. There are four installs,therefore the
installation fees are $8,000.00.
9.2.3. Support Costs—Annual Support is 10%of total contract price, $4,800.00. First year
maintenance period does not start until after the last install is running according to SOW At
that point the first year maintenance is invoiced, and will be invoiced annually at that support
contract date thereafter.
10. Price and Payment
10.1 Data Pros, LLC is being hived on a fixed-price basis to perform the Services and provide
the Deliverables described above. Any material change in the Services or Deliverables described
above requires a written change order signed by the parties to the Agreement. Such change order
may include an adjustment to the price or delivery dates. The fixed price for this Statement of
Work is: $40,000.00 development costs and$2,000.00 for each installation.
10.2. Services will be invoiced according to the following payment schedule:
Milestone Amount Due
After First Install 40,000.00
After Final Install 8,000.00
Start of First Year Support 4,800.00
INTERLOCAL 8 - 6/2011
RES.D Page 321 of 597
CITY OF CITY HALL
PO
Federal Way Feder8thAvenue8063-•
18Box9718
Federal Way,WA 9806&9718
253)835.7000
wwwatyofledereAveymm
11. Payment
Payment is due Thirty(30)days after date of invoice. Client may not withhold any amounts due
hereunder and Developer reserves the right to cease work without prejudice if amounts are not paid
when due. Any late payment will be subject to any costs of collection(including reasonable legal fees)
and will bear interest at the rate of one(1)percent per month or fraction thereof until paid.
INTERLOCAL 9 - 6/2011
RES.D Page 322 of 597
INTERLOCAL - 1 - 6/2011
INTERLOCAL AGREEMENT
BETWEEN
THE CITIES OF FEDERAL WAY, AUBURN, DES MOINES, AND BLACK DIAMOND
FOR
TIBURON TO SPILLMAN INTERFACE
THIS INTERLOCAL AGREEMENT, made and entered into this ___day of __________,
2012, by and between the City of Federal Way(“Federal Way”), and the City of Auburn (“Auburn”),
the City of Des Moines (“Des Moines”), and the City of Black Diamond (“Black Diamond”)
(together, “the Cities”).
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities
in Washington to enter into agreements for the joint undertaking of certain projects as provided
therein; and
WHEREAS, it is considered necessary and desirable in the public interest that the Cities
exercise their respective rights and privileges afforded by said statute; and
WHEREAS, the Cities wish to share the cost to develop a software interface (“Interface”)
connecting the Valley Communications (“Valley Com”) Tiburon Computer Aided Dispatch
(“CAD”) system to each Cities’ Spillman Records Management System (“RMS”); and
WHEREAS, Federal Way is willing to take the lead in providing administrative oversight
during the development and testing of this Interface by Data Pros, LLC (“Data Pros”); and
WHEREAS, the Cities will work together as follows to fund the development of the
Interface;
NOW, THEREFORE, it is mutually agreed by and between the Cities as follows:
1. PURPOSE
With the new Valley Com CAD system being brought online in 2013, each of the Cities will
need an Interface to facilitate the automated retrieval of incident data from the CAD system into their
respective Spillman RMS systems. The Interface is not included as part of the CAD project and will
need to be developed separately. This agreement will allow the Cities to share the cost of developing
the Interface between the CAD system and their respective Spillman RMS systems.
2. TERM
The term of this agreement will commence as soon as it is mutually accepted and end on
December 31st, 2013. This will allow sufficient time for development, testing, installation, and
address any post go-live tasks.
RES.D Page 323 of 597
INTERLOCAL - 2 - 6/2011
3. CITIES’ RESPONSIBILITIES
A. Responsibilities of Federal Way.
Federal Way will execute the contract with Data Pros for development of the Interface,
the Scope of Work for which is attached to this Agreement as Exhibit A and is hereby
incorporated by this reference. Federal Way will coordinate initial beta testing of the
Interface with the CAD and Spillman systems. Federal Way will agree and contract with
Data Pros for its portion of the installation and ongoing maintenance fees.
The contract between Federal Way and Data Pros for the Interface will include a
provision stating that any warranty Data Pros provides for the Interface to Federal Way will
be transferrable to each of the participating jurisdictions. In addition, the contract between
Federal Way and Data Pros for the Interface will include a provision stating that any
indemnification and hold harmless provisions that apply to Federal Way shall apply equally
to each of the participating jurisdictions.
B. Responsibilities of Auburn, Des Moines, and Black Diamond.
Auburn, Des Moines, and Black Diamond agree to contract with Data Pros for their
respective portion of the installation fees as well as ongoing maintenance fees.
Each City will be responsible for contracting with Data Pros separately for the
installation of the interface and any ongoing maintenance costs.
C. Joint Responsibilities.
The Parties agree to work collaboratively to determine the technical requirements for
the Interface, and to establish milestones for the project. While the Parties intend to work
toward consensus, a vote of the majority of the participating jurisdictions shall be sufficient
to determine technical requirements and milestones. Provided, that nothing in this section
shall prevent any Party from exercising its right to the dispute resolution process set forth in
this Agreement.
4. COMPENSATION; METHOD AND TIME OF PAYMENTS
The Cities agree to equally share the cost of the development and testing of the Interface by
Data Pros for the new Valley Com CAD system. Upon receipt of the invoice from Data Pros,
Federal Way will divide the total cost for development and testing equally among the four agencies
and invoice each City accordingly. Each jurisdiction shall contribute an amount not to exceed
$12,592.50, including a 15% contingency and Washington State Sales & Use Tax to Federal Way.
Payment of each Cities’ share is due to the City of Federal Way within 30 days’ notice from Federal
Way of the total amount.
RES.D Page 324 of 597
INTERLOCAL - 3 - 6/2011
Federal Way shall return all funds not expended on the contract to each jurisdiction not later
than 60 days after final acceptance of the Interface.
5. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
Each City agrees to defend, indemnify and hold the other Cities, their officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits,
including but not limited to reasonable attorney fees and litigation costs, (hereinafter ‘claims’),
caused solely by the negligence or willful misconduct of such City, its agents, affiliated corporations,
officers, officials, employees, volunteers, or lower tier subcontractors, (hereinafter tortfeasors),
arising out of or in connection with the performance of this Agreement.
If the negligence or willful misconduct of more than one City or its tortfeasors is a cause of
such claims then the liability shall be shared between those Cities in proportion to the relative degree
of negligence or willful misconduct between such Cities and such proportion shall apply to the rights
of indemnity and defense.
Solely for the purposes of this indemnification, it is further specifically and expressly
understood that the indemnification provided herein constitutes the Cities’ waiver of immunity under
Industrial Insurance, Title 51 RCW, for claims brought by any party or party’s employee against
another party. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
6. GENERAL TERMS
A. Entire Agreement. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
B. Modification. No provision of this Agreement may be amended or added to except by
agreement in writing signed by the Parties or their respective successors in interest.
C. Full Force and Effect. Any provision of this Agreement which is declared invalid, void or
illegal shall in no way affect, impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
D. Assignment. None of the Cities shall have the right to transfer or assign, in whole or in
part, any or all of its obligations and rights hereunder without the prior written consent of the other
Party.
E. No Waiver. Failure of either Party to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or
default, but either Party shall have the right to declare any such breach or default at any time and take
such actions that might be lawful or authorized hereunder either at law or in equity. Failure of either
RES.D Page 325 of 597
INTERLOCAL - 4 - 6/2011
Party to declare one breach or default does not act as a waiver of either Party's right to declare
another breach or default.
F. Captions. The respective captions of the Sections of this Agreement are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect any of the
provisions of this Agreement.
G. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity
to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity
shall be construed against any party upon a claim that party drafted the ambiguous language.
H. Jurisdiction and Venue. Jurisdiction and venue for this Agreement shall be in the Superior
Court for King County, Washington.
I. Disputes. In the event that a dispute arises under this Agreement, the Parties shall
endeavor to resolve the dispute in an amicable manner by direct discussions. If the Parties cannot
resolve the dispute by direct discussion, they shall engage in alternative dispute resolution.
[Signature page follows]
RES.D Page 326 of 597
INTERLOCAL - 5 - 6/2011
IN WITNESS WHEREOF, the above and foregoing Interlocal has been executed in duplicate by
the parties hereto and made effective on the day and year first above written:
CITY OF FEDERAL WAY CITY OF AUBURN
_____________________________ __________________________________
Skip Priest, Mayor City of Auburn, Mayor
ATTEST: ATTEST:
________________________________ ____________________________________
Carol McNeilly, CMC, City Clerk Danielle Daskam, City Clerk
Approved as to Form: Approved as to Form:
________________________________ ____________________________________
Patricia A. Richardson, City Attorney Daniel B. Heid, City Attorney
CITY OF DES MOINES CITY OF BLACK DIAMOND
_______________________________ ____________________________________
City of Des Moines, Mayor City of Black Diamond, Mayor
ATTEST: ATTEST:
________________________________ ____________________________________
City of Des Moines, City Clerk City of Black Diamond, City Clerk
Approved as to Form: Approved as to Form:
________________________________ ______________________________
City of Des Moines, City Attorney City of Black Diamond, City Attorney
RES.D Page 327 of 597
INTERLOCAL - 6 - 6/2011
EXHIBIT “A”
SCOPE OF WORK
1. Data Exchange
1.1. Data Flow
1.1.1. The flow of data is one way, coming from the Tiburon Command CAD Software to the
Spillman Records System.
1.1.2. ACK/NACK – There are no ACK/NACK responses from Tiburon Command CAD, they
push files to an FTP Server, where they will be retrieved and loaded into the Spillman
Records System.
1.2. Data Packages
1.2.1. Incident Data – This interface has only one data package which is Incident Information
originating from Tiburon’s Command CAD Software (911 Call Incidents). It includes CAD
Incidents or Calls, Dispatched Units, Segments, RMS Case Numbers, and other Metadata as
described in the Specification from Tiburon titled Command CAD Universal Data Stream
Interface Control Document.
1.3. Data Mapping – Data Mapping will include all fields specified in the Tiburon Command CAD
Universal Data Stream Interface Control Document. Fields that do not map directly to a field in
the Spillman Database can be put into a text Narrative field for the Law Incident. The customer
will help define the mapping of the data and where fields ultimately go in the Spillman Database.
The mapping of the data will be agency customizable based on the requirements for each agency.
Customizations must not be hard-coded and incorporate the ability to be modified by the system
administrator of each agency within the Interface Configuration Application.
1.4. Frequency – The system administrator will have the ability to set up the interface to pull from the
FTP Server Incident Records on a time interval that he/she feels comfortable with. The interval
options will allow for minutes, hours, and days. This will be set up in the Interface Configuration
Application.
2. Connection Methods
2.1.1. FTP Server – The incident information will originate from Command CAD. Upon
incident closure, Command CAD will transfer data to a data warehouse controlled by
Tiburon. From this Data Warehouse, Tiburon will build an XML file containing the incident
data and push that file to an FTP Server accessible by the agency for which the Incidents
belong.
2.1.2. FTP Server Management – Data Pros, LLC will have read/write access to the FTP Server
to manage the data records contained therein. When the Incident Records are successfully
loaded into the Spillman System and receipt of the successful insert is received, Data Pros
will remove the records in the FTP Server that were successfully inserted to the Spillman
database..
2.2. Connection Information
2.2.1. URL:
2.2.2. UN:
2.2.3. PW:
2.2.4. Firewall Authentication if any?
RES.D Page 328 of 597
INTERLOCAL - 7 - 6/2011
3. Failsafe - Secondary Method of Data Exchange
3.1. FTP Server Directory – After successfully loading the records in the Spillman System as described
in Section 2.1.2, Data Pros will remove records from the active directory and save them to an
archive directory on the same FTP Server for archival purposes and a failsafe in case there is a
problem from any side of the Interface for exchanging the incident data.
4. Interface Configuration Application
4.1. Frequency – Allows the System Administrator to determine how frequent the FTP Server is pulled
for new records. In addition, it should allow the System Administrator to determine which data is
mapped to the Spillman Database for future customization by each agency.
4.2. Failure Message Response Logging – In the Interface Configuration Application, the System
Administrator will have a logging screen that will show a log of the transactions inserted into the
Spillman Database, both success and failure.
5. Installation
5.1. Interface will reside on an available Windows Server located at the agency using Spillman inside
their firewall with access to the Spillman Server. The server can be running Windows Server
2008 or 2003, and not be approaching full capacity on the RAM and hard drive. The usage is
small, a PC running windows server is sufficient to run the interface.
5.2. The scope of this project is to install the interface at the following agencies:
5.2.1. Auburn Police Department
5.2.2. Black Diamond Police Department
5.2.3. Des Moines Police Department
5.2.4. Federal Way Police Department – Beta Test Site
6. Testing
6.1. Test Server –
6.1.1. Data Pros can test with real or sample files from the actual FTP Servers set up for the
agencies listed in 5.2.
7. Key Tasks and Milestones
7.1. Define Scope of Work – Data Pros will work with Agencies listed in 5.2 in defining the interface
project requirements contained in this document, which is the Scope of Work or SOW. When
agreed upon, the SOW will be put into the contract for sign-off.
7.2. Development & Initial Testing – Data Pros will develop the interface as defined in the SOW. After
initial development is completed, testing at the Beta Test site defined in section 5.2 will
commence. Development and initial testing will be completed within 90 days of mutual
execution of this agreement.
7.3. Installation – Data Pros will install the interface at the respective agencies listed in section 5.2.
7.4. Testing – Data Pros will test the interface with the help of the agencies and Tiburon. Once the
initial testing is verified to be working according to SOW requirements, Data Pros will monitor
the interface with the agencies for a minimum of two weeks. Thus ensuring the product is stable
and functioning correctly.
7.5. Completion – When the minimum testing period is over and both parties agree that the interface is
stable, has no open problems, and meets the requirements specified in the SOW, the interface will
be deemed complete and will be invoiced. Data Pros will then release interface product as a
standard supported interface product.
RES.D Page 329 of 597
INTERLOCAL - 8 - 6/2011
8. Project Deliverables
8.1. Subject to timely payment, the deliverables described hereafter (the "Deliverables") will be
provided to Client in final form upon completion of the tasks described in this Statement of Work.
Preliminary or draft versions of these Deliverables will be made available to Client for review
during the course of the Project.
8.1.1. Scope of Work
8.1.2. Contract
8.1.3. Spillman to IDOC Web Services Interface
8.1.4. Installation Services
8.1.5. Beta Testing Services
9. Time and Cost Estimates
9.1. Time – It is anticipated that this interface will take two months to develop. After the development
period when the first install is stable and working properly, generally a two week period, the other
installs will take place in a timely manner. The secondary installs will require smaller amounts of
time but varies and depends on the expertise and help of the agency.
9.2. Costs
9.2.1. Development Costs – The development cost of the interface is $40,000.00.
9.2.2. Installation Costs – Each install will cost $2,000.00. There are four installs, therefore the
installation fees are $8,000.00.
9.2.3. Support Costs – Annual Support is 10% of total contract price, $4,800.00. First year
maintenance period does not start until after the last install is running according to SOW. At
that point the first year maintenance is invoiced, and will be invoiced annually at that support
contract date thereafter.
10. Price and Payment
10.1. Data Pros, LLC is being hired on a fixed-price basis to perform the Services and provide
the Deliverables described above. Any material change in the Services or Deliverables described
above requires a written change order signed by the parties to the Agreement. Such change order
may include an adjustment to the price or delivery dates. The fixed price for this Statement of
Work is: $40,000.00 development costs and $2,000.00 for each installation.
10.2. Services will be invoiced according to the following payment schedule:
Milestone Amount Due
After First Install $40,000.00
After Final Install $8,000.00
Start of First Year Support $4,800.00
RES.D Page 330 of 597
INTERLOCAL - 9 - 6/2011
11. Payment
Payment is due Thirty (30) days after date of invoice. Client may not withhold any amounts due
hereunder and Developer reserves the right to cease work without prejudice if amounts are not paid
when due. Any late payment will be subject to any costs of collection (including reasonable legal fees)
and will bear interest at the rate of one (1) percent per month or fraction thereof until paid.
RES.D Page 331 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4875
Date:
October 30, 2012
Department:
Public Works
Attachments:
Res 4875
Exhibit A
Exhibit B
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 4875.
Background Summary:
EQUIPMENT RENTAL DIVISION:
The following police patrol vehicle has reached the end of it's replacement cycle and a
replacement vehicle has been purchased:
P039E - 2004 Crown Victoria VIN 2FAFP71W64X140858 Fixed Asset Number 55000
P039E
WATER DIVISION:
The tools and equipment listed on the attached Schedule A have been either replaced,
are expired and the cost to retrofit and recertify is more than the value of the equipment,
or are tools for a repair process that is no longer used.
INNOVATION & TECHNOLOGY DEPARTMENT:
The following computers and office machines are inoperable. It will cost more to repair
and/or upgrade the equipment than to replace them. The majority will not power on, were
purchased prior to July of 2007 and are no longer under warranty. The cost to repair
would exceed the cost of a brand new unit with warranty.
6 Battery Backup
3 Fax Machines
51 Laptops
10 Monitors
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 332 of 597
12 Printers
89 Computers
8 Scanners
FACILITIES DIVISION:
The A01 System of work stations and office panels on the attached Schedule B are a
non electrical system and therefore obsolete. This system is no longer in production so
reconfiguration of the existing panels for the 2nd floor remodel of City Hall is not possible
because the parts are no longer available.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Partridge Staff:Dowdy
Meeting Date:November 5, 2012 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 333 of 597
RESOLUTION NO. 4 8 7 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON DECLARING
CERTAIN ITEMS OF PROPERTY AS SURPLUS
AND AUTHORIZING THEIR DISPOSAL
WHEREAS, the City of Auburn has a number of items which are no longer
of use to the City; and
WHEREAS, it would be appropriate to surplus the property and dispose of
it by auction or other sale mechanism, or to dispose of it, in whole or in part,
through gift to another governmental agency or an appropriate charitable non-
profit entity, as deemed most expedient by the Mayor
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Section 1. Purpose. That the property identified below is declared
to be surplus, and the Mayor is authorized to dispose of and convey such
property through appropriate sale or donation to another governmental agency or
charitable non-profit entity
Public Works Department
EQUIPMENT RENTAL DIVISION:
Resolution No. 4875
October 29, 2012
Page 1 of 3
RES.E Page 334 of 597
The following police patrol vehicle has reached the end of it's replacement
cycle and a replacement vehicle has been purchased:
P039E — 2004 Crown Victoria VIN 2FAFP71 W64X140858 Fixed Asset
Number 55000 P039E
WATER DIVISION:
The tools and equipment listed on the attached Schedule A have been
either replaced, are expired and the cost to retrofit and recertify is more
than the value of the equipment, or are tools for a repair process that is no
longer used.
FACILITIES DIVISION:
The A01 System of work stations and office panels on the attached
Schedule Bare a non electrical system and therefore obsolete. This
system is no longer in production so reconfiguration of the existing panels
for the 2nd floor remodel of City Hall is not possible because the parts are
no longer available.
Innovation &Technolosw_Deaartment:
The following computers and office machines are inoperable. It will cost
more to repair and/or upgrade the equipment than to replace them. The
majority will not power on, were purchased prior to July of 2007 and are
no longer under warranty The cost to repair would exceed the cost of a
brand new unit with warranty
6 Battery Backup
3 Fax Machines
Resolution No. 4875
October 29, 2012
Page 2 of 3
RES.E Page 335 of 597
51 Laptops
10 Monitors
12 Printers
89 Computers
8 Scanners
Section 2. Implementation. That the Mayor is authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. Effective Date. 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
ATTEST MAYOR
Danielle E. Daskam, City Clerk
AP ME F R
Daniel B. H ' , . Attorney
Resolution No. 4875
October 29, 2012
Page 3 of 3
RES.E Page 336 of 597
Resolution No.4875
Schedule A
1. Dayton Ball Bearing Trolleys for Hoists
Model#2A617A
Two ton Capacity free wheeling trolleys to fit I-Beam Flange
2. Water De-Chlorinator
Measurement Tech, Inc
Serial#0009B-00164
3. Electric Pipe Threader—Rigid 600
Rigid Tool Company
Serial#97L-1115762
1" 1-1/4"
4. Two 30 Minute Self Contained Pressure-Demand Type Breathing Apparatus'
SurvivAir
Tank—Part#916103
Back Strap—Part#984820
Mask—Part#948177
Regulator—Part#912701
Tank-Part#915145
Back Strap-Part#984820
Mask-Part#941877
Regulator-Part#912701
S. Three large heavy duty pipe cutters
Rigid Tool Company
6. Two Port able Pipe Freezing Cylinders with transport carts
Quik-Freeze
7 Mobile Air Tank—Air Pump, 125 psi
B. Four Hydrant Cart Stands
Pollard Water
RES.E Page 337 of 597
Resolution No.4875
Schedule B
All measurements have be calculated in inches, unless noted otherwise.
62' Tall Panels
Width Height Count
12 62 5
48 62 100
30 62 4
36 62 28
24 62 72
62"Tall.Connectors
Type Count
90's 27
3 way 22
4 way 0
Draw rods 28
FOR Trim 31
34"Tall Panels
Width Height Count
36 34 5
48 34 21
24 34 19
34"Tall Connectors
Type Count
90"s 3
FOR Trim 17
Draw rods 2
Overhead Shelves
Count
48" overhead shelves 65
24"overhead shelves 9
36"overhead shelves 9
60" overhead shelves 1
30" overhead shelves 1
Resolution No.4875
Schedule B
Page 11RES.E Page 338 of 597
Resolution No.4875
Schedule B
80"Tall Panels
Width Height Count
36 80 31
48 80 76
24 80 49
12 80 20
30 80 15
24 80 7 glass top
18 80 2
48 80 2 1/2 glass
42 80 1 1/2 glass
36 80 9 glass top
30 80 2 glass top
80 1 door
48 80 8 glass top
80"-Connectors
Type Count
90's 21
3 way 16
4 way 1
FOR 20
Draw rods 26
42"Tall Panels
Width Height Count
12 42 1
42 42 3
24 42 1
30 42 1
36 42 1
42"Tall Connectors
Type Count
90's 2
FOR 2
Resolution No.4875
Schedule B
Page 12RES.E Page 339 of 597
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aRES.E Page 340 of 597
Resolution No.4875
Schedule B
Corner Work Surface
Left Center Length Width-r Count
24 48 81 30 1
24 48 96 30 1
24 48 60 30 1
24 48 84 30 1
30 48 96 30 1
24 48 69 30 1
24 48 94 30 1
24 48 96 30 1
24 48 96 24 3
24 48 48 2
36 48 84 30 1
30 49 84 24 1
24 48 26 1
30 48 30 1
24 30 18 1
24 48 48 30 1
24 42 48 30 1
24 48 96 30 3
48 CORNER ONLY 2
30 48 72 30 2
24 48 80 30 1
24 48 60 1
24 48 96 30 1
24 38 30 1
30 48 96 30 1
24 48 66 30 1
24 48 96 30 1
30 48 84 30 1
30 49 84 24 1
30 48 90 30 1
Resolution No.4875
Schedule B
Page 14RES.E Page 341 of 597
Resolution No. 4875
Schedule A
1. Dayton Ball Bearing Trolleys for Hoists
Model #2A617A
Two ton Capacity free wheeling trolleys to fit I-Beam Flange
2. Water De-Chlorinator
Measurement Tech, Inc
Serial # 0009B-00164
3. Electric Pipe Threader – Rigid 600
Rigid Tool Company
Serial #97L-11 15762
½”, ¾”, 1” 1-1/4”
4. Two 30 Minute Self Contained Pressure-Demand Type Breathing Apparatus’
SurvivAir
Tank – Part #916103
Back Strap – Part #984820
Mask – Part #948177
Regulator – Part#912701
Tank-Part#915145
Back Strap-Part#984820
Mask-Part#941877
Regulator-Part#912701
5. Three large heavy duty pipe cutters
Rigid Tool Company
6. Two Portable Pipe Freezing Cylinders with transport carts
Quik-Freeze
7. Mobile Air Tank – Air Pump, 125 psi
8. Four Hydrant Cart Stands
Pollard Water
RES.E Page 342 of 597
Resolution No. 4875
Schedule B
Resolution No. 4875
Schedule B
Page | 1
All measurements have be calculated in inches, unless noted otherwise.
62" Tall Panels
Width Height
Count
12 62
5
48 62
100
30 62
4
36 62
28
24 62
72
62" Tall Connectors
Type
Count
90's
27
3 way
22
4 way
0
Draw rods
28
EOR Trim
31
34" Tall Panels
Width Height
Count
36 34
5
48 34
21
24 34
19
34" Tall Connectors
Type
Count
90"s
3
EOR Trim
17
Draw rods
2
Overhead Shelves
Count
48" overhead shelves 65
24" overhead shelves 9
36" overhead shelves 9
60" overhead shelves 1
30" overhead shelves 1
RES.E Page 343 of 597
Resolution No. 4875
Schedule B
Resolution No. 4875
Schedule B
Page | 2
80" Tall Panels
Width Height
Count
36 80
31
48 80
76
24 80
49
12 80
20
30 80
15
24 80
7 glass top
18 80
2
48 80
2 1/2 glass
42 80
1 1/2 glass
36 80
9 glass top
30 80
2 glass top
80
1 door
48 80
8 glass top
80" Connectors
Type
Count
90's
21
3 way
16
4 way
1
EOR
20
Draw rods
26
42" Tall Panels
Width Height
Count
12 42
1
42 42
3
24 42
1
30 42
1
36 42
1
42" Tall Connectors
Type
Count
90's
2
EOR
2
RES.E Page 344 of 597
Resolution No. 4875
Schedule B
Resolution No. 4875
Schedule B
Page | 3
Worksurfaces
Length Width
Count
48 24
15
72 30
7
72 24
5
30 30
1
36 30
1
36 24
4
60 24
2
60 30
9
42 24
2
48 30
6
78 30
1
65 27
1
57 24
1
72 27
1
93 30
1
24 30
2
24 28
1
54 19
1
54 30
1
48 48
1
36 36
4
45 30
1
84 48
1
File Cabinets
Type (Configuration) Count
Box/Box/File 42
File/File 41
30" 2 Drawer Lateral 1
2 Drawer Legal Vertical File 1
RES.E Page 345 of 597
Resolution No. 4875
Schedule B
Resolution No. 4875
Schedule B
Page | 4
Corner Work Surface
Left Center Length Width-r Count
24 48 81 30 1
24 48 96 30 1
24 48 60 30 1
24 48 84 30 1
30 48 96 30 1
24 48 69 30 1
24 48 94 30 1
24 48 96 30 1
24 48 96 24 3
24 48 48
2
36 48 84 30 1
30 49 84 24 1
24 48 26
1
30 48 30
1
24 30 18
1
24 48 48 30 1
24 42 48 30 1
24 48 96 30 3
48 CORNER ONLY 2
30 48 72 30 2
24 48 80 30 1
24 48 60
1
24 48 96 30 1
24 38 30
1
30 48 96 30 1
24 48 66 30 1
24 48 96 30 1
30 48 84 30 1
30 49 84 24 1
30 48 90 30 1
RES.E Page 346 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4876
Date:
October 29, 2012
Department:
Finance
Attachments:
Res 4876
Settlement Agreement
Budget Impact:
$0
Administrative Recommendation:
Adopt Resolution No. 4876.
Background Summary:
Waste Management failed to make scheduled solid waste collections from July 25, 2012
to August 1, 2012, due to a labor disruption. The City of Auburn assessed performance
fees for the lack of service per the City's "Comprehensive Garbage, Recyclables and
Compostables Collection Agreement."
A settlement of $225,330 has been reached, with $205,330 going to customers in the
form of a $10 credit for residential customers and $50 credit for commercial customers
(excluding rolloff customers). This credit will be applied to active solid waste accounts
that were opened prior to 9/30/12. The remaining $20,000 goes to the City to cover
administration costs that resulted from the service disruption.
The City will deduct $225,330 from Waste Management's monthly commission payment
due November 25, 2012. The service credit will be issued to customers on their
December bill.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Partridge Staff:Coleman
Meeting Date:November 5, 2012 Item Number:RES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 347 of 597
RESOLUTION NO. 4S 7 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A SETTLEMENT
AGREEMENT BETWEEN THE CITY OF AUBURN AND
WASTE MANAGEMENT OF WASHINGTON, INC.,
RELATED TO MISSED PICKUPS
WHEREAS, the City of Auburn (`City") has contracted with Waste Management,
Inc. ("Waste Management') to collect garbage, recyclables, and compostable materials
within the City; and
WHEREAS, between July 25, 2012 and August 2, 2012, Waste Management
failed to make scheduled pickups due to a labor strike, but expended additional efforts
to return service to normal levels by August 11, 2012; and
WHEREAS, as provided for in the contract, the City assessed performance fees
against Waste Management for those missed pickups; and
WHEREAS, Waste Management disputes both the City's authority to assess
performance fees under these circumstances, and the amount of the fees assessed;
and
WHEREAS, the City and Waste Management agree that it is in the public interest
for the parties to enter into an agreement to settle this dispute.
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
Settlement Agreement between the City and Waste Management, Inc., which
agreement shall be in substantial conformity with the agreement attached hereto as
Exhibit A and incorporated herein by this reference.
Resolution No. 4876
October 29, 2012
Page 1 of 2
RES.F Page 348 of 597
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 12012.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APP VE A FOR
D `DW 61-B. N , City tt ey
Resolution No.4876
October 29, 2012
Page 2 of 2
RES.F Page 349 of 597
Exhibit A
RES.F Page 350 of 597
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT("Agreement")is made and entered into between the CITY
OF AUBURN, a municipal corporation of the State of Washington, and WASTE MANAGEMENT OF
WASHINGTON, INC. ("WMW`. The parties shall be collectively referred to herein as the`-'Parties"
and individually as a"Party",unloss specifically identified otherwise. This Agreement shall be effective
upon the date that all Parties have executed this Agreement(the"Effective Date"), as evidenced by the
signatures below
RECITALS
WHEREAS the Parties entered into that certain Comprehensive Garbage,Recyclables and
Compostables Collection Agreement Between the City of Auburn and Waste Management of
Washington,Inc.,dated February 2011 pursuant to which WMW provides certain garbage,recyclables,
and yard waste collection services within the City(the"Contract");
WHEREAS during the period beginning on or about July 25,2012 and continuing until
approximately August 2,2012 WMW experienced a labor strike which limited WMW's ability to
collect garbage,recyclables, and yard waste materials from residential and commercial customers within
the City, and then daring the subsequent period continuing until approximately August 11,2012,WMW
expended certain additional efforts to recover from the labor strike to return service to normal levels
collectively,this period of July 25,2012 through August 11, 2012 which included both the labor strike
and the recovery period will hereafter be referred to as the"Labor Strike");and
WHEREAS the City has requested certain performance fees and other amounts related to the
temporary disruption in service that occurred in connection with the Labor Strike, and the Parties have
negotiated a resolution to these issues,upon the terms set forth herein, in order to avoid further dispute
under the Contract and in the interest of preserving the strong business relationship between the Parties.
TERMS AND CONDI`T'IONS
NOW,THEREFORE, in consideration of the mutual covenants and promises contained herein,
the Parties agree,represent,and warrant as follows:
1. STATEMENT OF PURPOSE. This Agreement is for the purpose of resolving,
compromising,and settling any actual or potential issue,claim, or dispute arising in connection with the
temporary disruption in service that occurred as a result of the Labor Strike. The Parties have agreed to
settle and compromise as set forth herein,and are satisfied that the terms and conditions of this
Agreement are fair,adequate,and reasonable.
2. DEFINITIONS. Except as expressly defined herein,capitalized terms shall have the same
meaning as in the Contract.
3. SETTLEMENT AMOUNT AND TERMS.
3.1 WMW has agreed to a total estimated settlement amount of S205,330,which is based
on a credit of(a)$10 Per Single-Family Residence, (b)$10 per Multi-Family Complex or
Commercial Customer with Can or Cart collection service, and(c) $50 per Multi-Family
Complex or Commercial Customer with Detachable Container collection service, as described
more fully below(the"Settlement Amount"):
Page 1 of 5
Settlement Agreement Auburn
RES.F Page 351 of 597
S per
Accounts Account Total
Single-Family Residences or Multi
Family Complexes/Cotnmercial
11,983 10.00 119,830
Customers with Can or Cart collection
service
Multi-Family Complex and
Commercial Customers with
1,710 50.00 85,500
Detachable Container collection
service
Total 205,130'
3 1 The Parties acknowledge that the Settlement Amount is Based on the number of
customer accounts receiving regular(i.e.,weekly or every-other-week)collection services under
the Contract. The calculation is based on only those accounts receiving regular collection
services and shall not apply to other accounts, including but not limited to those accounts
receiving on-call or temporary Drop-Box Container Garbage Collection services under Section
2.2.10 of the Contract, accounts for on-call or temporary customers under Section 2.2.12 of the
Contract,any other on-call or temporary services, and City accounts with free service under
Section 2.2.13 or Section 2.2.14 of the Contract.
3.2. The Parties agree that the number of Single-Family Residence,Multi-Family
Complex,and Commercial Customer accounts referenced above are biased on the best
information currently available. The Patties acknowledge that the account totals are a reasonable
estimate and may not be absolutely accurate;however,WMW shall be deemed to satisfy this
Agreement by agreeing to the City's withholding of the Settlement Amount from the
compensation otherwise owed to WMW
3.3.The Settlement Amount is intended to be a comprehensive figure,and the City
agrees that it will not independently penalize WMW for any missed pickups or complaints
related to service interruptions that occurred in connection with the Labor Strike,nor will the
City administer any other deductions or fees related to unperformed services during this period.
4. ADMINISTRATIVE COSTS, In addition to the Settlement Amount,WMW agrees to pay
to the City the amount of$20,000 as reimbursement of the additional administrative costs incurred by
the City due to its unique role in billing and customer service under the Contract(the"Administrative
Cost Reimbursement'),which were incurred during and after the Labor Strike(e.g.,fielding customer
complaints,customer outreach and communication)and which will be incurred in implementing this
Agreement(e.g., administrative costs of issuing customers credits,customer inquiries).
S. PAYMENT.WMW's payment of the Settlement Amount and Administrative Cost
Reimbursement shall be satisfied by the City deducting$225.330(i.e.,the Settlement Amount plus the
Administrative Cost Reimbursement) from WMW's monthly compensation due and payable by
November 25,2012 and continuing until the full amount has been withheld.
Page 2 of 5
Settlement Agreement-Auburn
RES.F Page 352 of 597
6. CUSTOMER CREDITS.
6.1 As the City is responsible for billing under the Contract,the City shall be responsible
for issuing customer credits,if any,to Single-Family Residence,Multi-Family Complex, and
Commercial Customer accounts within WMW's service area in the City of Auburn.
6.2. Nothing in this Agreement grants any person, including any residential,multi-
family residential,or commercial customer, any right, interest,or claim to the Settlement
Amount.
6.3. WMW will cooperate with the City in providing information reasonably requested
by the City to assist the City in providing credits to its Single-Family Residence,Multi-Family
Complex, and Commercial Customer accounts.
7 RELEASES.
7 1 Each Party hereby agrees that the Settlement Amount fully resolves all claims that
the City has made or could make for itself and/or on behalf of the City's residential and
commercial customers relating to the disruption of solid waste,recyclables,and yard waste
collection services during or in connection with the Labor Strike,including but not limited to all
claims for damages, inconvenience,penalties,fines,performance fees, interest, and costs,
contractual or extra-contractual,whether known or unknown. The City will fully and forever
waive and release WMW and its officers,directors,members,shareholders, partners,employees,
and attorneys(the"WMW Releasees") from,and agrees not to invoke contractual remedies,sue
or initiate arbitration or other proceedings concerning,any and all claims,contentions, debts,
liabilities, demands,promises,agreements,costs,expenses(including but not limited to
attorneys'fees),damages, actions,or causes of action,of whatever kind or nature,whether now
known or unknown,suspected or unsuspected, and whether based on contract,tort,statutory or
other legal or equitable theory of recovery that arise from or are based in any manner upon any
act or omission arising from or in connection with the Labor Strike.
7.2. WMW(including any corporate parents,affiliates and subsidiaries) does hereby fully
and forever waive and release the City, on behalf of itself and its residential and commercial
customers(the"City Releasees'l from,and agrees not to invoke contractual remedies,sue or
initiate arbitration proceedings concerning, any and all claims,contentions,debts,liabilities,
demands,promises,agreements,costs,expenses(including but not limited to attorneys'fees),
damages,actions,or causes of action,of whatever kind or nature,whether now known or
unknown,suspected or unsuspected,and whether based on contract,tort,statutory or other legal
or equitable theory of recovery that arise from or are based in any manner upon any act or
omission arising from or in connection with the Labor Strike.
7.3. The Parties' respective rights to enforce this Agreement and to seek relief for its
breach are excluded from and not within the scope of the releases stated in Sections 7 1 and 7.2
above.
8. NO ADMISSION OF LIABILITY This Agreement does not constitute and shall not be
construed as an admission of liability. Neither any payment,credit or any other consideration provided
hereunder,nor the grant of any release shall be considered an admission by or against any Party,and no
past or present wrongdoing on the part of the Parties shall be implied by such payment,other
consideration,release,or entry into this Agreement. WMW and the City acknowledge that the
Page 3 of 5
Settlement Agreement-Auburn
RES.F Page 353 of 597
Settlement Amount represents a compromise intended to avoid further dispute over the issues related to
the Labor Strike.
9. NUSCELLANEOUS PROVISIONS.
9.1 Each Party represents and warrants that no other person or entity has,or has had,any
interest in the claims,demands,obligations or causes of action referred to in and released
pursuant to this Agreement; that each Party has the sole right and exclusive authority to execute
this Agreement; and that each Party has not sold, assigned,transferred,conveyed or otherwise
disposed of,by operation of law or otherwise,any of the claims,rights,demands,obligations or
causes of action referred to in this Agreement.
9.2.This Agreement is a valid and binding agreement,enforceable in accordance with its
terms against the Parties,and it shall be binding on and inure to the benefit of the Parties and
their respective legal representatives,successors and/or assigns. This Agreement has been
negotiated by the Parties and their respective counsel and shall be interpreted fairly in
accordance with its terms and without any strict construction in favor of or against either Party.
No ambiguity or omission in this Agreement shall be construed or resolved against any Party on
the ground that this Agreement or any of its provisions was drafted or proposed by that Party.
9.3. This Agreement is made solely and specifically among and for the benefit of the
Parties hereto,and their respective successors and assigns, and no other person will have any
rights,interest,or claim hereunder or be entitled to any benefits under or an account of this
Agreement,whether as a third party beneficiary or otherwise.
9.4. The section headings used in this Agreement are intended for reference purposes
only and shall not affect the interpretation of the Agreement.
9.5.This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington,without regard to principles of conflicts of laws, as applicable to
agreements made and to be performed entirely within Washington_ The exclusive venue and
forum for any dispute regarding this Agreement shall be the state or federal court located in King
County,Washington. The prevailing party in any action arising from or relating to this
Agreement,including but not limited to any action to enforce this Agreement,shall be entitled
to reasonable attorneys' fees and costs.
9.6. This Agreement will be effective as of the Effective Date. This Agreement may be
executed in counterparts,including facsimile and email/PDF,each of which when so executed
and delivered shall be deemed an original,and such counterparts taken together shall constitute
one instrument.
9.7 In entering into this Agreement,neither Party has made any representations or
warranties,and neither Parry has relied upon any representations or warranties,other than those
representations and warranties expressly stated in this Agreement
9.8. If any provision of this Agreement or the application thereof is held invalid,the
invalidity shall not affect other provisions or applications of this Agreement drat can be given
effect without the invalid provision or application and,to this end,the provisions of this
Agreement are declared to be severable.
9.9 This Agreement contains the sole and entire agreement between the Parties with
respect to the matters set forth herein, supersedes any and all prior or other agreements with
respect to the matters set forth herein(including but not limited to the Contract),and may not be
Page 4 of 5
Settlement Agreement-Auburn
RES.F Page 354 of 597
changed,amended,modified,terminated, waived or discharged except in a subsequent written
agreement by the Parties hereto. Each Parry represents and acknowledges that it has read this
Agreement,has had opportunity to consult with its legal counsel regarding this Agreement, is
satisfied that the terms and conditions are fair,adequate and reasonable, and fully understands
and agrees to its terms.
IN WITNESS WHEREOF,the Parties enter into this Agreement. Each person signing this
Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement
by the Party on whose behalf it is indicated that the person is signing.
WASTE MANAGE_MENT OF THE CITY OF AUBURN
WASHINGT ; C.
By. By:
Name: Robert C. Sherman Name: Peter B. Lewis
Title: Vice President Title: Mayor
Date: /o -.A Y-1 Z Date:
Pages of 5
Settlement Agreement Auburn
RES.F Page 355 of 597
Exhibit A
RES.F Page 356 of 597
RES.F Page 357 of 597
RES.F Page 358 of 597
RES.F Page 359 of 597
RES.F Page 360 of 597
RES.F Page 361 of 597
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4877
Date:
October 5, 2012
Department: Attachments:
Res 4877
Res 4877 attachment
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Resolution No.
Background Summary:
Approval of a Purchase Sale Agreement for property owned by King County Metro to be
purchased by the City of Auburn.
Reviewed by Council Committees:
Councilmember:Backus Staff:Lien
Meeting Date:November 5, 2012 Item Number:RES.G
AUBURN * MORE THAN YOU IMAGINEDRES.G Page 362 of 597
RESOLUTION NO. 4 8 7 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING
COUNTY FOR THE PURCHASE OF REAL
PROPERTY FROM KING COUNTY
WHEREAS, King County desires to sell a portion of its park and ride lot
located in Auburn as the lot is overcapacity; and
WHEREAS, Auburn desires to purchase the property to facilitate and
accelerate the ultimate conveyance of the land to Orion Industries so that Auburn
may receive from Orion Industries easements, to be located within the purchased
property and another property, that will benefit the Auburn Municipal Airport; and
WHEREAS, Orion Industries intends to develop the property for
aerospace manufacturing, which will contribute to the economy of the city; and
WHEREAS, the purchase of the property from King County and sale of the
same to Orion Industries, with the easements reserved, shall occur
simultaneously on the same closing date; and
WHEREAS, Auburn shall not expend any City funds for the purchase of
the property from King County but shall pay for the purchase with the funds
received from Orion Industries for the sale of the same property both transactions
occurring on the same date; and
WHERAS, it is in the public interest for the City of Auburn to purchase the
property from King County so that it may obtain needed easements adjacent to
its airport, and at the same time, facilitate the conveyance of the property to
Orion Industries which will put the property to an economically beneficial use.
Resolution No. 4877
October 30, 2012
Page 1 of 2RES.G Page 363 of 597
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Agreement for Purchase and Sale of Real Property,
a copy of which is attached hereto; marked as Exhibit A and incorporated herein
by this reference, be approved, and the Mayor is authorized to execute the
agreement in substantially the same form as Exhibit A, and such action in
furtherance thereof is hereby ratified.
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
ATTEST
Danielle E. Daskam, City Clerk
APPROVEDAS TO FOR
iel B. Ra , ity Atk ne
Resolution No. 4877
October 30, 2012
Page 2 of 2RES.G Page 364 of 597
1
Oct. 22, 2012
1
Sponsor: von Reichbauer
nw
Proposed No.: 2012-0390.2
AMENDMENT TO PROPOSED SUBSTITUTE ORDINANCE 2012-0390, 1
VERSION 2 2
On page 3, delete Attachment A, Real Estate Purchase and Sale Agreement, and insert 3
Attachment A, Real Estate Purchase and Sale Agreement (rev. Oct. 22, 2012). 4
EFFECT: Replaces the original Attachment A with a revised version. 5
RES.G Page 365 of 597
[Blank Page]
RES.G Page 366 of 597
Attachment A to Ordinance
Real Estate Purchase and Sale Agreement
Auburn Park and Ride
Real Estate Purchase and Sale Agreement (rev. Oct. 22, 2012)
RES.G Page 367 of 597
[Blank Page]
RES.G Page 368 of 597
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (“Agreement”) is made and
entered into by and between KING COUNTY, a home rule charter county and political
subdivision of the State of Washington (the “Seller”) and THE CITY OF AUBURN, a
municipal corporation and noncharter code city with a council-mayor form of government
organized pursuant to RCW Title 35A (the “Buyer”). Buyer and Seller are sometimes referred to
herein individually as a “Party” and collectively as the “Parties.”
RECITALS
A. Seller is the owner of that certain real property located in the City of Auburn,
County of King, State of Washington, commonly identified as a portion of the AUBURN
PARKAND-RIDE, also known as Lot “A” of that certain subdivision recorded under King County
Recording No. ______________, the legal description of which is attached hereto as Exhibit A
(the “Property”) and incorporated herein by this reference.
B. Seller has for decades owned, operated and maintained a public transportation and
mass transit facility at the Auburn Park-and-Ride.
C. Over many years Seller made significant investments in the Property for benefit
of the Auburn Park-and-Ride, and Seller’s historical and continuing use of the Park-and-Ride for
public transportation and mass transit purposes are dependent on those improvements continuing
to operate in a good and reliable condition.
D. Seller desires to sell the Property and Buyer desires to purchase the Property.
E. As a condition of the real estate transaction between Buyer and Seller regarding
the Property, and in partial consideration of the promises, covenants, conditions and restrictions
set forth herein, Seller requires easements over the Property so that Seller may continue to use
and rely upon improvements located there that serve the Auburn Park-and-Ride, and Buyer is
willing to grant the same.
F. As a condition of the real estate transaction between Buyer and Seller regarding
the Property, and in partial consideration of the promises, covenants, conditions and restrictions
set forth herein, Buyer desires to operate, maintain, and repair the improvements made by Seller
upon the Property for benefit of the Auburn Park-and-Ride, as now existing or hereafter
configured, and to do so consistent with all applicable laws, rules, and orders, and in addition
Buyer is willing to allow Seller to perform such duties in the event that Buyer fails to do so.
G. As a condition of the real estate transaction between Buyer and Seller regarding
the Property, and in further consideration of the promises, covenants, conditions and restrictions
set forth herein, Seller requires that Buyer restrict and Buyer is willing to so restrict Buyer’s use
RES.G Page 369 of 597
Auburn Park-&-Ride West
Purchase and Sale Agreement
Page 2
of the Property to those uses and purposes that are compatible with Seller’s continued use of and
reliance on the improvements previously made by Seller and located thereon for benefit of the
Auburn Park-and-Ride.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein, and other valuable consideration, receipt and sufficiency of which are hereby
acknowledged, the Parties hereto covenant and agree as follows:
ARTICLE 1.
PURCHASE AND TRANSFER OF ASSETS
1.1. PROPERTY TO BE SOLD. Subject to and upon the terms and conditions set forth in
this Agreement, by bargain and sale deed substantially in the form of Exhibit B-1 attached
hereto, Seller shall sell, convey, assign, transfer and deliver to Buyer on the Closing Date (as
defined in Section 10.1 of this Agreement) and Buyer shall buy, assume and accept from Seller
on the Closing Date the following assets and properties:
(a) All the Seller’s right, title and interest in the Property, as described in Exhibit A;
except Seller’s reserved easements for (1) continuous and uninterrupted public ingress and
egress for transit purposes, and (2) storm water and surface water drainage system use and
access, all as described in Exhibit B-2, attached hereto and incorporated herein by this
reference;
(b) All of Seller’s right, title and interest in improvements and structures located on
the Property, if any;
(c) All of Seller’s right, title and interest in and to tangible personal property, if any,
owned by the Seller and attached, appurtenant to or used in connection with the Property
(“Personal Property”); and
(d) All of Seller’s tenements, hereditaments, easements and rights appurtenant to the
Property including but not limited to, all of the Seller’s right, title, and interest in and to streets,
alleys or other public ways adjacent to the Property, easements for public utilities, all sewers and
service drainage easements, all rights of connection to the sewers, and all rights of ingress and
egress, and all leases, licenses, government approvals and permits affecting the Property.
1.2 Hereinafter, the items listed in Section 1.1 are collectively referred to as the
“Purchased Assets.”
1.3 EFFECTIVE DATE. The Effective Date of this Agreement shall be the date of the
latest approval of this Agreement by the Parties’ respective councils.
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ARTICLE 2.
PURCHASE PRICE AND OTHER CONSIDERATION
2.1. PURCHASE PRICE AND PAYMENT. In consideration of the sale, transfer,
conveyance, assignment and delivery of the Purchased Assets, Buyer shall pay to Seller on the
Closing Date a total purchase price of One million, five hundred sixty-six thousand, five hundred
dollars ($1,566,500.00) (the “Purchase Price”).
2.2. ALLOCATION OF PURCHASE PRICE. Seller and Buyer agree that the entire
Purchase Price is allocable to real property and that the value of the Personal Property, if any, is
de minimis.
2.3 BUYER’S POST-CLOSING OBLIGATIONS.
2.3.1. Security Fencing. In further consideration for the sale, transfer,
conveyance, assignment and delivery of the Property, Buyer covenants to erect, at its sole
expense, a security chain-link fence on the boundary between the Property and Seller’s park and
ride lot within thirty (30) days of the date of closing. Provided, that Buyer’s security fence shall
not interfere with Seller’s right of ingress and egress as set forth in the Public Transportation
Easement and Restrictive Covenant attached hereto as Exhibit B-2.
2.3.2 Lighting. In further consideration for the sale, transfer, conveyance,
assignment and delivery of the Property, Buyer covenants to disconnect from Seller’s electrical
service, according to law and at Buyer’s sole expense, power to all the light poles that are
located north of the south boundary line of the Property (not including those that are located on
the south boundary line) within ninety (90) days of the date of closing. Buyer further covenants
that within the Easement Area as defined in Exhibit B-2 attached hereto, Buyer shall preserve
lighting equal to or better than that which exists on the Easement Area as of the Closing Date,
and Buyer shall additionally grant an easement to Seller for purposes of maintaining the same.
Buyer’s covenant to preserve lighting in the Easement Area and Seller’s lighting easement shall
be included in the Public Transportation Easement and Restrictive Covenant attached hereto as
Exhibit B-2.
2.3.3 Irrigation. In further consideration for the sale, transfer, conveyance,
assignment and delivery of the Property, Buyer covenants to disconnect from the irrigation
system that serves Seller’s Park-and-Ride Lot the portion of the irrigation system that serves that
landscaping located completely within the Property. Buyer shall complete this work within
ninety (90) days of closing Buyer further covenants to maintain an operational irrigation system
to serve the landscaping that is located completely within the Property. Buyer’s covenant to
disconnect Seller’s irrigation system and maintain an operational irrigation system on the
Property shall be included in the Public Transportation Easement and Restrictive Covenant
attached hereto as Exhibit B-2.
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2.3.4 Drainage.
(a) In further consideration for the sale, transfer, conveyance, assignment and
delivery of the Property, Buyer shall grant Seller an easement over the Property to use, repair,
maintain, and improve those portions of the existing stormwater or surface water drainage
system located on the Property. The easement shall be included in the Public Transportation
Easement and Restrictive Covenant attached hereto as Exhibit B-2.
(b) In further consideration for the sale, transfer, conveyance, assignment and
delivery of the Property, Buyer, on behalf of itself and its successors and assigns, covenants and
agrees as follows:
(i) Buyer shall hold harmless, indemnify, and defend Seller from any and all cost,
liability, claims, judgments, administrative actions, litigation, or other obligations
arising out of or relating to the discharge of pollutants or Hazardous Substances
(as defined in Section 3.1.9 of this Agreement) in any stormwater, surface water,
runoff, or any other form of discharge or release from the Property into any of the
stormwater facilities that serve the Auburn Park-and-Ride.
(ii) Beginning eighteen (18) months after the Closing Date, and each calendar year
thereafter for so long as Buyer owns the Property, upon Seller’s written demand
Buyer shall pay to Seller a share of Seller’s annualized cost to maintain those
certain stormwater facilities that serve both the Auburn Park-and-Ride and a
portion of the Property (the “Joint Use Facilities”). Buyer’s share of Seller’s
annualized cost shall be determined by multiplying Seller’s annualized cost to
maintain the Joint Use Facilities by a fraction, the numerator of which is the
square footage of the Property area served by the Joint Use Facilities, and the
denominator of which is the square footage of the Auburn Park-and-Ride area
served by the Joint Use Facilities.
(iii) If the Property area served by the Joint Use Facilities, which area is shown in
Exhibit B-3 attached hereto, is ever redeveloped or improved for any purpose
other than a vehicle parking lot, then before commencing construction of such
redevelopment or improvement Buyer or Buyer’s successor, assign, or designee
shall disconnect the Property’s stormwater or surface water system from the Joint
Use Facilities.
(iv) If Seller ever redevelops the Auburn Park-and-Ride, then the City of Auburn shall
limit its drainage review and approval (if any) to those surface water or storm
water impacts arising out of or related to drainage from the Auburn Park-and-
Ride, and without reference to or consideration of any surface water or
stormwater discharge from the Property.
(c) The covenants in paragraph (b) of this Section 2.3.4 shall terminate and thereafter
shall be of no further force or effect beginning upon such date as the King County Recorder’s
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Office may record a deed from Seller to Buyer conveying the real property on which is located
the stormwater retention/detention pond serving the Auburn Park-and-Ride and the Property.
(d) The text of paragraphs (b)(i), -(ii), -(iii), -(iv), and (c) of this Section 2.3.4 shall
be included in the Public Transportation Easement and Restrictive Covenant attached hereto as
Exhibit B-2, which shall be binding on Buyer’s successors and assigns, and shall also run with
the land that makes up the Property.
2.3.5 Covenants Material. Buyer understands, acknowledges, and agrees that
Buyer’s covenants in Sections 2.3.1, 2.3.2, 2.3.3, and 2.3.4 are a material consideration for
Seller’s execution of this Agreement. Buyer further understands, acknowledges, and agrees that
Buyer shall be in material breach of this Agreement if Buyer or Buyer’s designee fails to timely
perform the duties required under those covenants.
2.3.6 Seller Review and Approval of Buyer Work; Remedies for
Nonperformance.
(a) Seller shall have final right of approval of Buyer’s proposed plans to fulfill the
covenants in Sections 2.3.1, 2.3.2, and 2.3.3, and Seller shall also have final right of approval of
Buyer’s actual constructed improvements to fulfill those covenants (together, Buyer’s plans and
constructed improvements to satisfy the covenants in Sections 2.3.1, 2.3.2, and 2.3.3 are referred
to herein as the “Work”). Seller shall have the right to reject Work or to require repair or
replacement of Work not meeting Seller’s approval, but in any case Seller’s approval shall not be
unreasonably withheld.
(b) Buyer shall reimburse Seller for the cost and expense of Seller’s staff time to
review and approve Buyer’s proposed plans for and construction of the Work, based on the
actual hours reasonably expended at the rate charge then in effect for Seller’s staff.
(c) Buyer and Seller agree to cooperate in good faith to complete, review, and inspect
the plans for and construction of the Work.
(d) If Seller reasonably believes that Buyer will not timely undertake or complete the
Work, then Seller shall notify Buyer in writing consistent with Section III.E of this Easement
(“Seller’s Notice”). Seller’s Notice shall specify the basis for Seller’s belief that Buyer is in
breach or is likely to breach its covenants under this Section 2.3.1. Buyer shall respond to
Seller’s Notice within fourteen (14) days. Buyer’s response shall state whether Buyer intends to
perform the Work and the estimated calendar date by which the Work will be undertaken and
completed. If Buyer’s response states that Buyer will not perform the Work, or if Seller
reasonably believes that Buyer will not satisfactorily complete the Work within the time frames
required by Sections 2.3.1, 2.3.2, and 2.3.2, respectively, then Seller may notify Buyer that Seller
intends to perform the Work and invoice Buyer for Seller’s cost to perform the Work. Seller
shall provide such notice at least fourteen (14) days in advance of the date that Seller intends to
begin the Work. Seller shall invoice Buyer for all reasonable fees, costs, and expenses
associated with the Work, including but not limited to the cost of Seller’s staff time to prepare
Seller’s Notice and to develop and implement any procurement, plans, permitting, or project
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documentation necessary for the Work (collectively, the "Work Costs"). The invoice shall be
accompanied by documents supporting and justifying the Work Costs. Buyer shall pay the Work
Costs to Seller within forty-five (45) days of receipt of Seller’s invoice. Seller shall add a late
fee of five percent (5%) to any Work Costs invoice not timely paid. If any Work Costs invoice
remains outstanding ninety (90) days after receipt, Seller may send it to collections.
2.4 COVENANT AGAINST RESALE FOR PROFIT. Buyer covenants that for a period of
twenty-four (24) consecutive months from and after the Closing Date, Buyer shall not re-sell or
otherwise convey the Property or the Purchased Assets in exchange for a cash amount greater
than the Purchase Price, or any other consideration of greater value than the Purchase Price.
During such 24-month period Buyer shall document the sale price of Property or the Purchased
Assets or the appraised value of consideration received in exchange for the Property or the
Purchased Assets and shall notify Seller of such price or value. If, during such 24-month period,
Buyer sells or otherwise conveys the Property or the Purchased Assets in exchange for a cash
amount greater than the Purchase Price, or any other consideration of greater value than the
Purchase Price, then Buyer shall promptly pay to Seller an amount equal to the cash value of the
difference between the price that Buyer paid to Seller and the price that Buyer received for the
Property or the Purchased Assets.
2.5 SURVIVAL OF RIGHTS, DUTIES, AND OBLIGATIONS. The Parties’ rights, duties,
covenants, and obligations under Sections 2.3 and 2.4 shall survive Closing and the expiration or
earlier termination of this Agreement.
ARTICLE 3.
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
3.1. WARRANTIES AND REPRESENTATIONS OF SELLER. As of the Closing Date,
Seller represents and warrants as follows:
3.1.1. Definition of Seller. The Seller is a home rule charter county and
political subdivision of the State of Washington duly organized, validly existing and in good
standing under the laws of the State of Washington. Seller has all requisite corporate power and
authority to carry on its business as it is now being conducted in the place where such businesses
are now conducted.
3.1.2. Execution, Delivery and Performance of Agreement, Authority. The
execution, delivery and performance of this Agreement by Seller (i) is within the powers of
Seller as a home rule charter county, (ii) has been or will be on or before the Closing Date, duly
authorized by all necessary action of the Seller’s legislative authority, and (iii) does not and will
not violate any provision of any law, rule, regulation, order, writ, judgment, decree or award to
which the Seller is a party or which is presently in effect and applicable to Seller. This
Agreement constitutes the legal, valid and binding obligation of Seller enforceable against Seller
in accordance with the terms hereof.
3.1.3. Litigation. There is no pending, or to the best of Seller’s knowledge,
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threatened lawsuit or material claim against or relating to Seller with respect to the Property,
which shall impede or materially affect Seller’s ability to perform the terms of this Agreement.
There is no pending or, to the best of Seller’s knowledge, contemplated condemnation or similar
proceeding with respect to the Property or any part thereof.
3.1.4 Assessments. There is no pending, or to the best of Seller’s knowledge,
contemplated local improvement district or other special assessment or charge with respect to the
Property, except as may be disclosed in the Title Commitment described below.
3.1.5 Full Disclosure. To the extent of Seller’s knowledge as defined herein,
no representation or warranty by Seller in this Agreement or in any instrument, certificate or
statement furnished to Buyer pursuant hereto, or in connection with the transactions
contemplated hereby, contains or will contain any untrue statement of a material fact or fails to
state a material fact which is necessary to make the statements set forth therein not false or
misleading. As used in this Agreement, the phrase "Seller’s knowledge" or any derivation or
variation thereof shall mean the actual knowledge of the following persons, based on their
reasonable inquiry in the file locations where the relevant information would normally be filed:
(a) Steve Salyer, Manager, Real Estate Services Section, Facilities Management
Division, King County Department of Executive Services;
(b) Kate Donley, Project Program Manager IV, Real Estate Services Section, Facilities
Management Division, King County Department of Executive Services; and
(c) Paul Eng, P.E., Engineer VI, Transit Division, King County Department of
Transportation.
3.1.6 No Broker. No broker, finder, agent or similar intermediary has acted for
or on behalf of Seller in connection with this Agreement or the transactions contemplated
hereby, and no broker, finder, agent or similar intermediary is entitled to any broker’s, finder’s
or similar fee or commission in connection with this Agreement based on an agreement,
arrangement or understanding with Seller or any action taken by Seller.
3.1.7 Contracts. To the extent of Seller’s knowledge as defined in Section
3.1.5, there are no contracts or other obligations outstanding for the sale, exchange, transfer,
lease, rental or use of the Property or any portion thereof.
3.1.8 Future Agreements. From and after the Effective Date, and unless this
Agreement is terminated in accordance with its terms, Seller shall not without the prior written
consent of Buyer:
(a) Enter into any agreement, contract, commitment, lease or other transaction that
affects the Property in any way; or
(b) Sell, dispose of or encumber any portion of the Property.
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3.1.9 Condition of the Property.
(a) Seller has not made, does not make, and specifically negates and disclaims any
representations, warranties, promises, covenants, contracts or guarantees of any kind or character
whatsoever, whether express or implied, oral or written, past, present or future, of, as to,
concerning, or with respect to the value, nature, quality, or condition of the Property, including,
without limitation:
(i) The water, soil and geology;
(ii) The income to be derived from the Property;
(iii) The suitability of the Property for any and all activities and uses that
Buyer or anyone else may conduct thereon;
(iv) The compliance of or by the Property or its operation with any laws, rules,
ordinances or regulations of any applicable governmental authority or body;
(v) The habitability, merchantability, marketability, profitability or fitness for
a particular purpose of the Property;
(vi) The manner or quality of the construction or materials, if any,
incorporated into the Property; or
(vii) Any other matter with respect to the Property.
(b) Seller has not made, does not make, and specifically disclaims any representations
regarding compliance with any environmental protection, pollution, zoning or land use laws,
rules, regulations, orders, or requirements, including the existence in or on the Property of
hazardous materials or substances.
(c) Without limitation, Seller does not make and specifically disclaims any
warranties, express or implied, any warranties or representations with respect to the structural
condition of the Purchased Assets, the area of land being purchased, the existence or non-
existence of any Hazardous Substances or underground storage tanks, or the actual or
threatened release, deposit, seepage, migration or escape of Hazardous Substances, from or into
the Purchased Assets, and the compliance or noncompliance of the Purchased Assets with
applicable federal, state, county and local laws and regulations, including, without limitation,
environmental laws and regulations and seismic/building codes, laws and regulations. For
purposes of this Agreement, the term “Hazardous Substances” shall mean: “hazardous
substance” as defined in the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (“CERCLA”); “hazardous waste” as defined by the Resource
Conservation and Recovery Act of 1976 (“RCRA”) as amended; hazardous wastes, hazardous
materials, hazardous substances, toxic waste, toxic materials, or toxic substances as defined in
state or federal statutes or regulations; asbestos-containing materials, polychlorinated biphenyls;
radioactive materials, chemicals known to cause cancer or reproductive toxicity; petroleum
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products, distillates or fractions; any substance the presence of which is prohibited by statute or
regulation; and any substance for which any statute or regulation requires a permit or special
handling in its use, collection, storage, treatment or disposal.
(d) All provisions of this Section 3.1.9 shall survive Closing and the expiration or
earlier termination of this Agreement.
3.1.10. Risk of Loss. Until the Closing Date, the risk of loss relating to the
Property shall rest with the Seller. Risk of Loss shall be deemed to include any property
damage occurring as a result of an “Act of God,” including, but not limited to, earthquakes,
tremors, wind, rain or other natural occurrence.
3.1.11. Foreign Person. Seller is not a foreign person and is a “United States
Person” as such term is defined in Section 7701 (a) (30) of the Internal Revenue Code of 1986,
as amended, and Seller shall deliver to Buyer prior to the Closing an affidavit, as set forth in
Exhibit D, evidencing such fact, and such other documents as may be required under the Code.
3.2. REPRESENTATIONS AND WARRANTIES OF BUYER. As of the Closing Date, Buyer
represents and warrants as follows:
3.2.1. Organization. Buyer is a municipal corporation and noncharter code
city duly organized, validly existing and in good standing under the laws of the State of
Washington. Buyer has all requisite corporate power and authority to carry on its business as it
is now being conducted in the place where such businesses are now conducted.
3.2.2. Execution, Delivery and Performance of Agreement, Authority. The
execution, delivery and performance of this Agreement by Buyer (i) is within the powers of
Buyer as a municipal corporation, (ii) has been or will be on or before the Closing Date, duly
authorized by all necessary action of the Buyer’s legislative authority, and (iii) does not and will
not violate any provision of any law, rule, regulation, order, writ, judgment, decree or award to
which the Buyer is a party or which is presently in effect and applicable to Buyer. This
Agreement constitutes the legal, valid and binding obligation of Buyer enforceable against Buyer
in accordance with the terms hereof.
3.2.3. Litigation. There is no pending or, to the best of Buyer’s knowledge,
threatened lawsuit or material claim against or relating to Buyer that shall impede or materially
affect Buyer’s ability to perform the terms of this Agreement.
3.2.4. Full Disclosure. No representation or warranty by Buyer in this
Agreement or in any instrument, document, certificate or statement furnished to Seller pursuant
hereto, or in connection with the transactions contemplated hereby, contains or will contain any
untrue statement of a material fact.
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3.2.5. Condition of Property.
(a) Buyer acknowledges and accepts Seller’s disclaimer of the Property condition in
Section 3.1.9 of this Agreement.
(b) Buyer further acknowledges and agrees that, having been given the opportunity to
inspect the Property, Buyer is relying solely on its own investigation of the Property and not on
any information provided or to be provided by Seller. Buyer further acknowledges and agrees
that any information provided or to be provided with respect to the Property was obtained from
a variety of sources and that Seller has not made any independent investigation or verification
of such information and makes no representations as to the accuracy or completeness of such
information and no employee or agent of Seller is authorized otherwise. Buyer further
acknowledges and agrees that Seller is not liable or bound in any manner by any verbal or
written statements, representations, or information pertaining to the Property, or the operation
thereof, furnished by any real estate broker, agent, employee, servant or other person, and, to
the maximum extent permitted by law, the sale of the Property as provided for herein is made
on an "AS-IS" condition and basis with all faults. It is understood and agreed that the sale price
reflects that the Property is sold by Seller to Buyer subject to the foregoing.
(c) Buyer acknowledges that, within the Due Diligence Period as defined in Section
4.1.2 of this Agreement, Buyer will have conducted a physical inspection and made all
investigations that Buyer deems necessary in connection with its purchase of the Purchased
Assets, and that, as of the Effective Date hereof, Seller has provided Buyer with copies of all
reports in Seller’s possession that have been requested by Buyer. Upon waiver or satisfaction by
Buyer of its contingencies pursuant to Article 5, Buyer will be deemed to have approved the
physical condition of the Property and agrees to accept and purchase the same “AS IS, WHERE
IS”, including, without limitation, the existence or non-existence of any pollutants, contaminants,
hazardous waste, dangerous waste, toxic waste, underground storage tanks or contaminated soil,
or the actual or threatened release, deposit seepage, migration or escape of such substances at,
from or into the Property and the compliance or noncompliance of the Property with applicable
federal, state, county and local laws and regulations including, without limitation, environmental
laws and regulations. Buyer acknowledges and agrees that, except to the extent of Seller’s
representations and warranties in Section 3.1 of this Agreement, and to the extent of any fraud or
deliberate misrepresentation by Seller, Seller shall have no liability for, and that Buyer shall
have no recourse against the Seller for, any defect or deficiency of any kind whatsoever in the
Property including without limitation those relating to Hazardous Substances, without regard to
whether such defect or deficiency was discovered or discoverable by the Buyer or Seller.
3.2.6. No Broker. No broker, finder, agent or similar intermediary has acted for
or on behalf of Buyer in connection with this Agreement or the transactions contemplated
hereby, and no broker, finder, agent, or similar intermediary is entitled to any broker’s, finder’s
or similar fee or commission in connection with this Agreement based on an agreement,
arrangement, or understanding with the Buyer or any action taken by the Buyer.
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3.2.7. Indemnification. From and after Closing, and for a period of ten (10)
years from the Closing Date, Buyer shall indemnify, defend and hold Seller, its officers, agents
and employees harmless from and against any and all claims and agency orders or requirements
relating to or arising out of, directly or indirectly, the Property. This Section 3.2.7 shall survive
Closing and the expiration or earlier termination of this Agreement.
ARTICLE 4.
TITLE MATTERS
4.1. TITLE.
4.1.1. Title Commitment. Buyer or its designee shall obtain a current ALTA
form of commitment for an owner’s policy of title insurance (the “Title Commitment”) issued by
First American Title Insurance Company, Inc. (the “Title Company”), describing the Property,
listing Buyer as the prospective named insured and showing as the policy amount the total
Purchase Price for the Property. At such time as the Title Company causes the Title
Commitment to be furnished to Buyer, Buyer may in Buyer’s sole discretion determine whether
to cause the Title Company to furnish to Buyer legible copies of all instruments referred to in the
Title Commitment as restrictions or exceptions to title to the Property.
4.1.2. Survey. Prior to the expiration of the Due Diligence Period as defined
in this Section 4.1.2 of this Agreement, Buyer shall have the option, at its sole cost and expense,
to conduct a survey (the “Survey”) of the Property prepared by a licensed public surveyor. The
Survey shall be certified to Buyer, Seller, and the Title Company, shall be satisfactory to the
Title Company so as to permit it to issue an owner’s title policy, identify the Property by legal
description and shall set forth the number of square feet contained within the Property, show all
natural monuments, existing fences, drainage ditches and/or courses, flood plain limits, any
building or other site improvements and/or objects, any rights-of-way for streets, existing
driveways, alleys or highways, easements and other restriction lines existing and/or proposed
which shall affect any portion of the Property, and such other items as may be required by Buyer.
For purposes of this Agreement, “Due Diligence Period” means the ninety (90) day period
beginning on the day after the Effective Date of this Agreement.
4.1.3 Review of Title Commitment and Survey.
(a) Buyer shall have until the expiration of the Due Diligence Period in which to
notify Seller of any objections Buyer has to any matters shown or referred to in the Title
Commitment or Survey and of any title insurance endorsements required by Buyer. Any
exceptions or other items that are set forth in the Title Commitment or the Survey and to which
Buyer does not object shall be deemed to be permitted exceptions (“Permitted Exceptions”).
Rights reserved in federal patents or state deeds, building or use restrictions general to the
district, and building or zoning regulations or provisions shall also be deemed Permitted
Exceptions.
(b) With regard to items to which Buyer does object, Seller shall notify Buyer within
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ten (10) days after Seller receives Buyer’s notice of objections of any exceptions to title or items
on the Survey which Seller is not able to remove or otherwise resolve and any endorsements that
Seller is not able to provide following Buyer’s request, and Buyer may, at Buyer’s option, either
waive the objections not cured or Buyer may terminate this Agreement by notice to Seller.
4.2. OWNER’S TITLE INSURANCE POLICY. At Closing, Buyer shall cause an owner’s
policy of title insurance to be issued by the Title Company in the full amount of the total
Purchase Price, effective as of the Closing Date, insuring Buyer that the fee simple title to the
Property is vested in Buyer, subject only to the Permitted Exceptions, to the usual printed
exceptions contained in such title insurance policy, to the additional matters approved by Buyer
as provided in Section 4.1.3, and to any other matters approved in writing by Buyer. The
obligation of Buyer to provide the title policy called for herein shall be satisfied if, at the
Closing, the Title Company has given a binding commitment, in a form reasonably satisfactory
to Buyer, to issue the policies in the form required by this Section 4.2. Buyer shall pay any sum
owing to the Title Company for the preparation of the preliminary and binding commitments
generated by the Title Company.
4.3. CONVEYANCE. At Closing, Seller shall convey to Buyer the title to the Property
by bargain and sale deed in the form attached hereto as Exhibit B-1, subject only to the
Permitted Exceptions, the further matters identified in Section 4.2, the easements and restrictive
covenants set forth in Exhibit B-2, and such other encumbrances as may be created by Buyer or
caused to be created by Buyer from and after the Effective Date.
ARTICLE 5.
CONTINGENCIES
5.1. DUE DILIGENCE INSPECTION AND FEASIBILITY. Buyer shall satisfy itself by
investigation and inspection, at its sole cost and expense and in its sole and absolute discretion,
that the condition of the Property for Buyer’s contemplated use meets with Buyer’s approval. If
Buyer approves of the condition of the Property, Buyer agrees to notify Seller, in writing,
thereby removing this contingency. Buyer shall make such determination within the Due
Diligence Period defined in Section 4.1.2. In the event Buyer does not waive this contingency or
notify Seller that the contingency is satisfied within the Due Diligence Period, then Buyer may
terminate this Agreement upon written notice to Seller on or before the expiration of the Due
Diligence Period, and neither Party shall have any further rights or obligations to the other
hereunder. If Buyer fails to provide Seller with any written notice regarding this Section 5.1
during the Due Diligence Period, then Buyer shall be deemed to have waived this contingency
for all purposes and this contingency shall be deemed removed.
5.1.1. Inspections. During the Due Diligence Period, Buyer, its designated
representatives or agents shall have the right at Buyer’s expense to:
(a) Perform any and all tests, inspections, studies, surveys or appraisals of the
Property deemed necessary, on any subject, by the Purchaser (subject to the limitations set forth
below and Paragraph 5.1.2 Right of Entry);
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(b) Obtain a Phase I or Phase II Environmental Assessment on the Property and
perform any and all tests, inspections and studies deemed necessary therewith;
(c) Examine all Due Diligence materials that Buyer may reasonably request from
Seller that are not subject to attorney-client privilege or that the Seller is not otherwise
prohibited from disclosing by law;
(d) Determine to its satisfaction whether approvals, permits and variances can be
obtained under applicable land use and zoning codes for Buyer’s proposed use of the Property;
and
(e) Determine whether Buyer’s proposed development of the Property is
economically feasible.
5.1.2. Conditional Right of Entry. Buyer and Buyer’s designated
representatives or agents shall have and Seller hereby grants to Buyer and Buyer’s designated
representatives a conditional license to enter the Property and to conduct the tests, investigations
and studies set forth in this Article 5 upon three (3) days advance written notice; provided that
such right of entry will be limited to those times and dates that will not substantially disrupt
Seller’s use of, or Seller’s operations and activities on, the Property. Invasive tests of the
Property, such as drilling or excavation, shall be subject to Seller’s prior written approval.
Buyer and Buyer’s designated representatives may not undertake activities that would damage
the Purchased Assets or any other King County-owned property or personalty. In connection
with such inspections, Buyer agrees to hold harmless, indemnify and defend Seller, its officers,
agents, or employees, from and against all claims, losses, or liability for injuries, sickness, or
death of persons, including employees of Buyer, to the extent caused by or arising out of any act,
error or omission of Buyer, its officers, agents, contractors, subcontractors or employees in
entering the Property for the above purposes, except to the extent caused by or arising out of any
act, error or omission of Seller, its officers, agents, or employees. Buyer shall repair any damage
caused by invasive testing and shall restore the Property to its pre-existing condition.
5.2 THIRD PARTY SALE CONTINGENCY.
5.2.1 Simultaneous Closing on Third-Party Sale. Buyer has represented to
Seller that Buyer intends to conduct a separate closing simultaneous with the Closing on the
Property, and in that separate closing to sell the Property to a third party for cash, and to use the
proceeds of that sale to pay the Purchase Price to Seller. Therefore, Seller’s and Buyer’s
respective duty to close on the Property is contingent:
(a) On Buyer’s successful simultaneous closing with a third party for the
purchase and sale of the Property; and
(b) On Buyer’s receipt of cash or cash equivalents sufficient to allow Buyer to
pay the Purchase Price to Seller in cash at Closing.
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5.2.2 No Duty to Close if Third Party Sale Fails. If either contingency
5.2.1(a) or (b) or both should fail then Seller and Buyer shall have no duty to proceed with
Closing and this Agreement shall automatically terminate as of the Closing Date, all closing
documents and funds shall be returned to the Party that provided them to escrow, each Party
shall bear its own costs and expenses up to and including the Closing Date, and neither Party
shall have any further right, duty, or obligation to the other under this Agreement.
5.3 SUBDIVISION CONTINGENCY.
5.3.1. Need for Division of Property. Buyer has represented to Seller that prior
to Closing, and at Buyer’s sole cost and expense, Buyer shall have received administrative
approval of boundary line adjustments to divide the Auburn Park-and-Ride into two separate
legal parcels and shall have obtained all necessary signatures on the mylar that will be recorded.
Buyer has represented to Seller that the creation of two separate legal parcels is necessary to
support Buyer’s intended use of the Property and the third-party sale contemplated in Section
5.2. Therefore, Seller’s and Buyer’s respective duty to Close is contingent on Buyer receiving
lawful approval of the boundary line adjustments of the Auburn Park-and-Ride into two separate
legal parcels as illustrated in Exhibit E attached hereto.
5.3.2 No Duty to Close if Property Not Divided. Buyer shall complete the
process to lawfully divide the Auburn Park-and-Ride into two separate parcels, receive
administrative approval of the division, and perform all other tasks necessary for the division to
be recorded with the King County Recorder’s Office on the Closing Date, including all possible
appeals or challenges to the proposed division of the Auburn Park-and-Ride. If Buyer is unable
to complete the process to lawfully divide the Auburn Park-and-Ride by recording all necessary
documents with the King County Recorder’s Office on the Closing Date, then Seller and Buyer
shall have no duty to proceed with Closing, and this Agreement shall automatically terminate as
of the Closing Date, each Party shall bear its own costs and expenses up to and including the
Closing Date, and neither Party shall have any further right, duty, or obligation to the other under
this Agreement.
5.4 FTA APPROVAL CONTINGENCY.
5.4.1. Need for FTA Approval. Seller has represented to Buyer that the Federal
Transit Administration (FTA) must approve Seller’s proposed sale of the Property to Buyer.
Seller has represented to Buyer that such FTA review and approval is necessary to proceed with
the transaction contemplated in this Agreement. Therefore, Buyer’s duty to Close is contingent
on FTA review and written approval of the proposed transaction.
5.4.2 No Duty to Close Absent FTA Approval. Prior to Closing, and at
Seller’s sole cost and expense, Seller shall take such steps as may be necessary to secure FTA
review and approval of the proposed transaction regarding the Property and provide Buyer
written documentation of such approval reasonably acceptable to Buyer. Seller shall secure FTA
approval not later than thirty (30) days prior to the Closing Date, including all possible appeals
or challenges to FTA review and approval. Provided, that Seller and Buyer may agree in writing
to extend the Closing Date for such reasonable period or periods of time as may be required to
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complete FTA review and approval. If the FTA ultimately does not approve the proposed
transaction regarding the Property, then Seller shall have no duty to proceed with Closing, this
Agreement shall terminate upon written notice from Seller to Buyer, each Party shall bear its
own costs and expenses up to and including the date of Seller’s notice to Buyer, and neither
Party shall have any further right, duty, or obligation to the other under this Agreement.
ARTICLE 6.
COVENANTS OF SELLER PENDING CLOSING
6.1 CONDUCT, NOTICE OF CHANGE. Seller covenants that between the Effective
Date and the Closing, Seller shall take all such actions as may be necessary to assure that
Seller’s representations and warranties set forth in Article 3 hereof will be true and complete as
of the Closing Date (except such representations, warranties and matters which relate solely to
an earlier date), and all covenants of Seller set forth in this Agreement which are required to be
performed by it at or prior to the Closing shall have been performed at or prior to the Closing as
provided for in this Agreement. Seller shall give Buyer prompt written notice of any material
change in any of the information contained in the representations and warranties made by Seller
in Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date.
ARTICLE 7.
COVENANTS OF BUYER PENDING CLOSING
7.1 CONDUCT, NOTICE OF CHANGE. Buyer covenants that between the Effective
Date and the Closing, Buyer shall take all such actions as may be necessary to assure that
Buyer’s representations and warranties set forth in Article 3 hereof will be true and complete as
of the Closing Date (except such representations, warranties and matters which relate solely to
an earlier date), and that all covenants of Buyer set forth in this Agreement which are required to
be performed by it at or prior to the Closing shall have been performed at or prior to the Closing
as provided in this Agreement. Buyer shall give Seller prompt written notice of any material
change in any of the information contained in Buyer’s representations and warranties made in
Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date.
ARTICLE 8.
CONDITIONS PRECEDENT TO BUYER’S OBLIGATIONS
All obligations of Buyer hereunder are subject to Seller’s fulfillment of each of the
following conditions at or prior to the Closing, and Seller shall exert its best efforts to cause each
such condition to be fulfilled:
8.1. DELIVERY OF DOCUMENTS. Seller shall have delivered to Buyer at or prior to
closing all documents required by the terms of this Agreement to be delivered to Buyer.
8.2. REPRESENTATIONS, WARRANTIES AND COVENANTS. All representations,
warranties and covenants of Seller contained herein or in any document delivered pursuant
hereto shall be true and correct in all material respects when made and as of the Closing Date.
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8.3. OBLIGATIONS. All obligations required by the terms of this Agreement to be
performed by Seller at or before the Closing shall have been properly performed in all material
respects.
8.4. TITLE. Any and all matters shown or referred to in the Title Commitment to
which Buyer has objected within the time specified in Section 4.1, shall have been cured by
Seller, unless Seller has notified Buyer that Seller will not cure, and Buyer has waived its
objections.
8.5 APPROVAL OF COUNSEL. Seller’s legal counsel shall have approved this
document as to form as evidenced by such counsel’s signature on this Agreement.
8.6. CONDEMNATION. No portion of the Purchased Assets shall have been taken or
damaged by any public or quasi-public body, and Seller shall not have transferred any portion of
the Purchased Assets to any such body in lieu of condemnation except with Buyer’s written
assent.
8.7. APPROVAL BY THE KING COUNTY COUNCIL. The Metropolitan King County
Council shall have taken all legislative action necessary to authorize seller to enter into the
transaction contemplated in this agreement.
ARTICLE 9.
CONDITIONS PRECEDENT TO SELLER’S OBLIGATIONS
All obligations of Seller to close on the Closing Date are subject to Buyer’s fulfillment of
each of the following conditions at or prior to the Closing, and Buyer shall exert its best efforts
to cause each such condition to be so fulfilled:
9.1. REPRESENTATIONS, WARRANTIES AND COVENANTS. All representations,
warranties and covenants of Buyer contained herein or in any document delivered pursuant
hereto shall be true and correct in all material respects when made and as of the Closing Date.
9.2. OBLIGATIONS. All obligations required by the terms of this Agreement to be
performed by Buyer at or before the Closing shall have been properly performed in all material
respects.
9.3. APPROVAL OF COUNSEL. Buyer’s legal counsel shall have approved this
document as to form as evidenced by such counsel’s signature on this Agreement.
9.4. DELIVERY OF DOCUMENTS. Buyer shall have delivered to Seller at or prior to
Closing all documents required by the terms of this Agreement to be delivered to Seller.
9.5. TITLE. Buyer shall have caused the Title Company to be committed to issue an
owner’s policy of title insurance for the full amount of the Purchase Price, effective as of the
Closing Date, containing no exceptions other than the Permitted Exceptions and such other
matters as Buyer may authorize in writing.
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9.6. APPROVAL BY THE AUBURN CITY COUNCIL. The Auburn City Council shall
have taken all legislative action necessary to authorize Buyer to enter into the transaction
contemplated in this Agreement.
ARTICLE 10.
CLOSING
10.1. CLOSING/CLOSING DATE. “Closing” means the consummation of the transaction
contemplated in this Agreement. The Closing shall take place thirty (30) days after expiration or
waiver of the Due Diligence Period, as defined in Section 4.1.2, or such other date as may be
mutually agreed upon by the Parties, but not later than January 31, 2013, unless extended
pursuant to a separate written agreement executed by Buyer and Seller. Upon execution of this
Agreement, the Parties agree to set up an escrow account with First American Title Insurance
Company (the “Escrow Agent”). The Escrow Agent shall serve as closing agent for the
transaction contemplated herein and the Closing shall occur in the offices of Escrow Agent in
Seattle, Washington. Subject to the Permitted Exceptions and the easements and restrictive
covenants set forth in Exhibit B-2 attached hereto, all title, right of possession and interest to the
Purchased Assets shall pass to Buyer upon Closing and thereafter the risk of loss thereof shall be
the responsibility of Buyer.
10.2. PRORATIONS. All prorations, unless otherwise specifically provided for herein,
shall be made as of the Closing Date.
10.2.1. Closing Costs. Seller shall pay the cost of one-half (½) of the escrow
fee charged by the Escrow Agent for the sale of the Purchased Assets to Buyer, one-half (½) of
any real estate excise or other transfer tax due on the sale of the Purchased Assets to Buyer, and
all of its own attorneys’ fees. Buyer shall pay one-half (½) of the escrow fee charged by the
Escrow Agent for the sale of the Purchased Assets to Buyer, one-half (½) of any real estate
excise or other transfer tax due for the sale of the Purchased Assets to Buyer, the full cost of the
preliminary and binding title commitments from the Title Company, the full cost of all recording
fees, and all of its own attorneys’ fees. Except as otherwise provided in this Section 10.2, all
other expenses hereunder shall be paid by the Party incurring such expenses.
10.3. SELLER’S DELIVERY OF DOCUMENTS AT CLOSING. At the Closing, Seller will
deliver to Buyer the following properly executed documents:
(a) A Bargain and Sale Deed conveying the Property and substantially in the
form of Exhibit B-1 attached hereto;
(b) A Bill of Sale and Assignment duly executed by the Seller and
substantially in the form of Exhibit C, attached hereto for the Personal Property, if any; and
(c) Seller’s Certificate of Non-Foreign status substantially in the form of
Exhibit D, attached hereto.
10.4. BUYER’S DELIVERY OF DOCUMENTS AND PURCHASE PRICE AT CLOSING. At the
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Closing, Buyer will deliver to Seller the following properly executed documents:
(a) Cash or immediately available funds in the full amount of the Purchase
Price; and
(b) A Public Transportation Easement and Restrictive Covenant substantially
in the form of Exhibit B-2 attached hereto.
ARTICLE 11.
TERMINATION
11.1. TERMINATION BY EITHER PARTY. In addition to Buyer’s right of termination
during the Due Diligence Period, and in addition to termination for failure of any of the
contingencies set forth in Sections 5.2, 5.3, and 5.4 of this Agreement, either Party may also
terminate this Agreement effective upon written notice to the other Party if a condition to its
obligation to consummate the transactions contemplated by this Agreement as set forth in
Articles 8 and 9 has not been satisfied by the Closing Date. In that event, if neither Party is in
default under this Agreement, the Parties shall have no further obligations or liabilities to one
another, all documents and funds delivered into escrow shall be returned to the appropriate Party,
and each Party shall bear its own costs and expenses up to and including the date of termination.
ARTICLE 12.
MISCELLANEOUS PROVISIONS
12.1. NATURE AND SURVIVAL OF REPRESENTATIONS AND WARRANTIES. Subject to
amendment pursuant to Section 12.5 of this Agreement, each statement, representation,
warranty, indemnity, covenant, and agreement made by Seller and Buyer in this Agreement or in
any document, certificate or other instrument delivered by or on behalf of Seller or Buyer
pursuant to this Agreement or in connection herewith shall be deemed a representation,
warranty, indemnity, covenant and agreement between Seller and Buyer and shall survive the
Closing Date unless a different time period is expressly provided for in this Agreement and all
such statements are made only to and for the benefit of the Parties hereto, and their successors
and assigns, and shall not create any rights in other persons or entities.
12.2. DEFAULT. In the event of default by either Party to this Agreement, the
non-defaulting Party shall have the right to bring an action for specific performance or, in the
alternative, actual damages, provided that any such cause of action shall be brought within
twelve (12) months of the Effective Date, or be forever waived. The Parties shall have no right,
claim, or cause of action for consequential damages or any other form or type of damages arising
out of or relating to default under this Agreement, and each Party expressly and specifically
waives any claim or cause of action for the same, whether at law or in equity.
12.3. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this
Agreement.
12.4. NOTICES. Any and all notices or other communications required or permitted to
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be given under any of the provisions of this Agreement shall be in writing and shall be deemed
to have been duly given upon receipt when personally delivered or sent by overnight courier; or
three (3) days after deposit in the United States mail if by first class, certified or registered mail,
return receipt requested. Notice may also be provided by email or other means of electronic
transmittal, provided that receipt of the email or transmittal content can be confirmed by the
sender, with time of receipt being the uniform time the e-mail or other transmittal enters the
information processing system that the recipient has designated or uses for the purpose of
receiving email or other form of transmittal. All notices shall be addressed to the Parties at the
addresses set forth below or at such other addresses as any Parties may specify by notice to all
other Parties and given as provided herein:
If to Buyer: Office of the Mayor
City of Auburn
25 West Main Street
Auburn, WA 98001
With a copy to: Auburn City Attorney’s Office
City of Auburn
25 West Main Street
Auburn, WA 98001
If to Seller: Manager’s Office
Transit Division
King County Department of Transportation
201 S King Street
Seattle WA 98104
With a copy to: Manager
Real Estate Services Section
500 4th Avenue, Room 830
Seattle, WA 98104
With a copy to: Chief Civil Deputy
King County Prosecuting Attorney’s Office
516 3rd Avenue, Room W400
Seattle, WA 98104
12.5. ENTIRE AGREEMENT AND AMENDMENT. This writing (including the Exhibits
attached hereto) constitutes the entire agreement of the Parties with respect to the subject matter
hereof and supersedes any prior agreement or understanding, whether written or oral. This
Agreement may not be modified or amended except by a written agreement specifically referring
to this Agreement and signed by all Parties hereto.
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12.6 SEVERABILITY. In the event any portion of this Agreement shall be found to be
invalid by any court of competent jurisdiction, then such holding shall not impact or affect the
remaining provisions of this Agreement unless that court of competent jurisdiction rules that the
principal purpose and intent of this contract should and/or must be defeated, invalidated or
voided.
12.7 WAIVER. No waiver of any breach or default hereunder shall be considered valid
unless in writing and signed by the party giving such waiver, and no such waiver shall be
deemed a waiver of any prior or subsequent breach or default.
12.8 BINDING EFFECT. Subject to Sections 12.12 and 12.14 below, this Agreement
shall be binding upon and inure to the benefit of each Party hereto, its successors and assigns.
12.9 LEGAL RELATIONSHIP. The Parties to this Agreement execute and implement this
Agreement solely as Seller and Buyer. No partnership, joint venture or joint undertaking shall
be established by or construed from this Agreement. This Agreement creates no right, privilege,
duty, obligation, or cause of action in any person or entity not a party to it.
12.10 CAPTIONS. The captions of any articles, paragraphs or sections contained herein
are for purposes of convenience only and are not intended to define or limit the contents of said
articles, paragraphs or sections.
12.11 COOPERATION. Prior to and after Closing each Party shall cooperate, shall take
such further action and shall execute and deliver further documents as may be reasonably
requested by the other Party in order to carry out the provisions and purposes of this Agreement.
12.12 GOVERNING LAW; VENUE. This Agreement and all amendments thereof shall be
governed by and construed in accordance with the laws of the State of Washington applicable to
contracts made and to be performed therein, without giving effect to its conflicts of law
provisions. The Superior Court of King County, Washington shall be the sole venue for any
litigation between the Parties that arises under or relates to this Agreement or the transaction
contemplated herein.
12.13 NON-MERGER. The terms and provisions of this Agreement will not merge in, but
will survive, the closing of the transaction contemplated under this Agreement.
12.14 ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder
without Seller’s prior written consent, which may be withheld or conditioned at Seller’s sole and
absolute discretion.
12.15 NEGOTIATION AND CONSTRUCTION. This Agreement and each of its terms and
provisions are deemed to have been explicitly negotiated between the Parties, and the language
in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not
strictly for or against either Party. Both Parties acknowledge and represent, as an express term
of this Agreement, that they have had the opportunity to obtain and utilize legal review of the
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terms and conditions outlined in this Agreement, although each Party must determine if they
wish to obtain and pay for such legal review. Each Party shall be and is separately responsible
for payment of any legal services rendered on their behalf regarding legal review of this
Agreement.
TERMS AND CONDITIONS CONTINUE ON FOLLOWING PAGE
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12.16 EXHIBITS. The following Exhibits described herein and attached hereto are fully
incorporated into this Agreement by this reference:
Exhibit A Legal Description of Property
Exhibit B-1 Bargain and Sale Deed
Exhibit B-2 Public Transportation Easement and
Restrictive Covenant
Exhibit B-3 Illustration of Property Area served by Joint Use Facilites
Exhibit C Bill of Sale and Assignment
Exhibit D Certificate of Non-Foreign Status
Exhibit E Illustration of Property Subdivision
EXECUTED by the Parties as of the dates set forth below.
SELLER:
Name:
Steve Salyer
Title: Manager, Real Estate Services Section
Date:
APPROVED AS TO FORM:
By _________________
DEPUTY PROSECUTING ATTORNEY
BUYER:
Name:
Peter Lewis
Title: Mayor, City of Auburn
Date:
APPROVED AS TO FORM:
BY:__________________________________
DEPUTY CITY ATTORNEY
NOTARY BLOCKS APPEAR ON FOLLOWING PAGE
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STATE OF WASHINGTON
COUNTY OF KING } ss.
On this day personally appeared before me ___________________, to me known to be
the____________________ of KING COUNTY, the home rule charter county and political
subdivision of the State of Washington that executed the foregoing instrument, and
acknowledged such instrument to be the free and voluntary act and deed of such county, for the
uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute
such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ________ day of
_______________________________, 2012.
Printed Name ___________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at ______________________________________
My Commission Expires ___________________________
STATE OF WASHINGTON
COUNTY OF KING } ss.
On this day personally appeared before me ___________________, to me known to be
the _______________________________ of the CITY OF AUBURN that executed the foregoing
instrument, and acknowledged such instrument to be [his/her] free and voluntary act and deed of
said city for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly
authorized to execute such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ________ day of
_______________________________, 2012.
Printed Name ___________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at ______________________________________
My Commission Expires ___________________________
RES.G Page 391 of 597
EXHffiiTA.
Legal Description of Property
RES.G Page 392 of 597
l~GAL DESCRIPTION
PARC!Oi..A
THAT PORTION OF THE SOUTH HALF OF JOSEPH BRANNAN DONATION LAND CLAIM NO.. 38, SITUATED
IN THE WEST HALF OF SECTION 71 TOWNSHIP 21 NORTH, R!INGE 5 EAST, W.M..; AND THE EAST HALF OF
SECTION 12; TOWNSHIP 21 NORTH, RANGE4 ~AST, W.M., IN 'rHE CllYOFAUBLiRN, KING COUNTY,
WASHINGTON, BEING MORE PARTICULARLY DESCRIBED As FOLLOWS: ·
. COMMENCING AT A 31NCH DIAM~TEH BRAS$ DISK IN CONCRETE, IN CASE, MI\RKING THE CENTERLINE
RIGHT·OF·WAY OF 1Sm STREET N.E. WITH Tl-{~ CENTERLINE RIGHT-OF-WAY OF 'D' STREET N.E, AS
SHOWN ON RECORD OF SU{)VEY, RECORDING NUMB~[\ 77011.79QO(l, 1;\ECORDS OF SAIO coUNTY, FROM
WHICH, A 31NCH bJAMETER BRASS DISJ{ IN CONCRETE, IN CA~E,MARKING THE CE)iiTEF\LlNE RIGHT-oF-
. WAY QFSAJD 151H STR.EETN.E, WITH 'THE CENTERLINE RIGHT,OF-WiW OF 'A' STREET N.E.1 .BEAHS NORTH
89"30'04" WESt, 980.32 FEET; THENCE ALONG TH~ CENTERliNE OF.SAID 'D' STREET N,E,, NORUI
00,41:08" EAST, 36MB FEET TOA i-1/?,.INCH DIAMETER BRASS SURFACE MONUMENT; THENCE
CONTINUING ALONG SAID CENTERLINE NORTH 00'41'08" EAST, 13D.42 FEET TO THES'OUTH LINE OF
AUBURN MUNiCIPAl AIRPORT AS SHOWN ON SAID SURVEY; THENC~ ALONG SAIQ SOUTH tiNE NOlnH'
1)9'04'44" WEST, 691 .• 73 fEETTO TH!' SOUtHWEST CORNER OF SAID AIRPORT PROPERTY AND THE TRUE
POiNT OF BEGII\!NING; THENCE ALONG THE SOUTHERLY EXTENSION oF THI: WEST LINE OF SAID
A!RPOF\T PROPERtY SOuTH 00"39'48" WEST, 143.93 FEET; THENCE SOUTH 89"30'49" EAST 40,36 FEET;
.THENCE SOUTH 00'30'04" WEST, 170.04FEET;(HENCE NORTH 89"44'06" WEST,299 •. 66 fEET10 THE
EAST MARGIN 0~ 'A' STREET N.i:.; THENCE ALONG SA!'D MARGIN NORTH 00,39'2rY' i:AST, 514.,85 FEET
TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND As SHOWN ON SAID RECORD OF
5\JRVEY; THENCE ALONG THE NORTH UNE OF sAID PARCEL SOUTH 89"30'04" EAST, 258.89 FEETTO THE
WESTLiNE OF SAID AIRPORT PROPERTY; THENCE ALONG SAID WEST LINE SOuTH 00,39'48" WEST
299.84 FEETTO THE TRUE POINTOFB.EGINNING.
CONTAINING 3,81 ACRES, MORE OR LESS
SUI3JECTTO EASEMENTS, CONDITION?, AND RESTRICTIONS
RES.G Page 393 of 597
EXHmiTB-1.
Bargain and Sale Deed
RES.G Page 394 of 597
AFTER RECORDING RETURN TO:
Attn:
BARGAIN AND SALE DEED
Grantor --King County, Washington
Grantee --City of Auburn
Legal----
Tax Acct.-
The Grantor, KING COUNTY, a home rule charter county and political subdivision of the State of
Washington, for and in consideration of ten dollars ($1 0.00) in hand paid and other consideration
as set forth in that certain Real Estate Purchase and Sale Agreement dated and
authorized by King County Ordinance No. , does hereby bargain, sell and convey
unto the Grantee, the CITY OF AUBURN, a municipal corporation of the State of Washington, the
following described real estate situate in King County, Washington, and the Grantee hereby
accepts the same:
Legal Description:
SUBJECT TO all rights, conditions, covenants, obligations, limitations and reservations of
record for said real estate. ·
Executed by King County this. ____ .day of-'--------' 20_.
GRANTOR
KING COUNTY
BY __________________ _
GRANTEE
. CITY OF AUBURN
BY ________________ ___
Page 1 of3
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Bargain & Sale Deed I page 2 of 3
TITLE ________ _ TITLE ________ _
Date __________ _
ACKNOWLEDGEMENTS APPEAR ON PAGE 3
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Bargain & Sale Deed I page 3 of 3
NOTARY BLOCK FOR KING COUNTY
STATEOFWASHINGTON )
) ss
COUNTY OF KING )
I certify that Stephen L. Salyer signed this instrument, on oath stated that he was
authorized by the King County Executive to execute the instrument, and acknowledged it as the
Manager of Real Estate Services Section of King County, Washington to be the free and voluntary
act of said County for the uses and purposes mentioned in the instrument. ·
Dated __________ _
NAME~~~~-~~~-~~-
NOTARY PUBLIC in and for the State of
Washington, residing at , Washington
My appointment expires , 20_
NOTARY BLOCK FOR CITY OF AUBURN
STATEOFWASHINGTON )
) ss
COUNTY OF KING )
I certify that signed this instrument, on oath stated that she
or he was authorized by to execute the instrument, and
acknowledged it as the of the City of Auburn, Washington, to be
the free and voluntary act of said City for the uses and purposes mentioned in the instrument
Dated------~----
NAME __ ~-----------
NOTARY PUBLIC in and for the State of
Washington, residing at , Washington
My appointment expires , 20 __ .
RES.G Page 397 of 597
EXHIBIT B-2.
Public Transportation Easement and Restrictive Covenant
RES.G Page 398 of 597
Page 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Document Title: Public Transportation Easement
and Restrictive Covenant
Grantor(s): City of Auburn
Grantee: King County
Abbreviated Legal Description: Lots A and B of BLA
#________________
Additional Legal Description is on Page: Exhibits “A” and “B”
Assessor’s Tax Parcel Number(s):
THIS PUBLIC TRANSPORTATION EASEMENT AND RESTRICTIVE COVENANT is
granted by THE CITY OF AUBURN, a municipal corporation and noncharter code city
with a council-mayor form of government organized pursuant to RCW Title 35A
(“Grantor”) to KING COUNTY, a home rule charter county and political subdivision of
the State of Washington (“Grantee”). Grantor and Grantee are sometimes referred to
herein individually as a “Party” and collectively as the “Parties.”
PUBLIC TRANSPORTATION EASEMENT AND RESTRICTIVE COVENANT
WHEREAS, Grantee is a home rule charter county and a political subdivision of
the State of Washington; and
WHEREAS, Grantee for decades has owned, operated and maintained a public
transportation and mass transit facility known as the Auburn Park-and-Ride Lot, with a
street address of 101 15th St NE, Auburn, Washington (the “P&R Lot”); and
WHEREAS, in connection with the P&R Lot, and in furtherance of Grantee’s mass
transit system, safety and efficiency considerations require that Grantee’s buses and other
vehicles must enter and exit the P&R Lot from “A” Street NE, and be provided sufficient
physical space and turning radius within the P&R Lot to safely maneuver around and
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between vehicles parked there in order to enter and exit the P&R Lot from “A” Street NE,
and
WHEREAS, the P&R Lot operates twenty-four hours a day, seven days a week,
and as such requires sufficient and adequate lighting for public safety as well as safe
operation of Grantee’s buses and other vehicles; and
WHEREAS, in 2012, for Grantor’s own purposes and uses, and with Grantee’s
permission, Grantor subdivided the P&R Lot into two (2) parcels pursuant to that certain
boundary line adjustment illustrated in Exhibit C attached hereto; and
WHEREAS, Grantee retains title to what is now tax parcel ___________, which is
the reconfigured P&R Lot (“Lot B”), and Grantor has acquired tax parcel no. _________
(“Lot A”) for its own separate purposes and uses; and
WHEREAS, Grantor acknowledges that over many years Grantee made significant
investments in improvements to Lots A and B for benefit of the P&R Lot, and that
Grantee’s historical and continuing use of Lot B and a portion of Lot A for public
transportation and mass transit purposes are dependent on those mprovements continuing
to function in a good and reliable condition; and
WHEREAS, as a condition of the larger real estate transaction between Grantor and
Grantee, and in further consideration of the promises, covenants, conditions and
restrictions set forth herein, Grantee requires an easement over a portion of Lot A so that
the Grantee’s buses and other vehicles may continue to access, enter, and exit Lot A from
“A” Street NE and to safely maneuver upon Lot A, and so that Grantee may continue to
use, maintain, repair, replace and upgrade lighting on a portion of Lot A in connection with
Grantee’s public transportation and mass transit access there, and Grantor is willing to
grant the same; and
WHEREAS, as a condition of the larger real estate transaction between Grantor and
Grantee, and in further consideration of the promises, covenants, conditions and
restrictions set forth herein, Grantee requires that Grantor restrict and Grantor is willing to
so restrict Grantor’s use of a portion of Lot A to those uses and purposes that are
compatible with Grantee’s continued use of and reliance on bus and other vehicular access
to and from “A” Street NE and over, across, and through Lot A for its public transportation
and mass transit activities on and in connection with the P&R Lot; and
WHEREAS stormwater and surface water from a portion of the P & R Lot is
collected in the existing storm drains on Lots A and B and is discharged from those drains
into the existing retention/detention pond on Lot B, which pond discharges into Grantee’s
existing conveyance line that runs northerly over Grantor’s separate property identified as
tax parcel No. 000080-0011, which conveyance line is authorized under that certain
easement recorded at King County Recording No. 7608310816, all as shown in that certain
plan set numbered 111189 and dated February 10, 1978, as modified by pages C301
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through C304 of that certain Contract No. C75134C, dated July 1997 (File Nos. E80, E81,
E82), copies of which documents are on file with Grantor and Grantee; and
WHEREAS, as a condition of the larger real estate transaction between Grantor and
Grantee, and in further consideration of the promises, covenants, conditions and
restrictions set forth herein, Grantee requires an additional easement over a portion of Lot
A so that Grantee may continue to use the existing drainage system improvements to drain
stormwater and surface water from the P & R Lot as now or hereafter configured, and
Grantor is willing to grant the same;
NOW, THEREFORE, as partial consideration for the overall real property
transaction of which this Easement and Restrictive Covenant is an element, and in further
consideration of the mutual covenants, conditions, restrictions, and agreements hereinafter
set forth, the sufficiency and adequacy of which is hereby acknowledged, Grantor and
Grantee hereby agree as follows:
I. EASEMENT
A. Defined Terms. In addition to the terms defined in the Recitals above, which
Recitals are hereby incorporated as if fully set forth herein, and in addition to such
other terms as may be defined in the body of this document:
1. The physical portion of Lot A legally described in Exhibit A is the
“Easement Area.” Lot A is described in Exhibit B-1.
2. Lot B together with Grantee’s easement rights in that portion of Lot A
described in Exhibit B-2 are the “Benefitted Property.”
3. This Public Transportation Access Easement and Restrictive Covenant is
the “Easement.”
4. “Lighting Improvements” means public transportation-related
improvements on the P&R Lot situated within twenty (20) feet of the
southern most boundary line of Lot A, including, but not limited to,
overhead lights, light poles, footings, foundations, underground and
overhead wires, utility ducts, vaults, manholes, access hatches, vents,
meters, monitoring equipment, cabinets, containers, conduits, wires, and
other necessary and convenient equipment and appurtenances , including,
but not limited to, all lighting and other improvements and equipment
servicing said lighting as shown in that certain plan set numbered 111189
and dated February 10, 1978, as modified by pages E101 through E103 of
that certain Contract No. C65046C, dated October 1996, and as further
modified by pages C301 through C304 of that certain Contract No.
C75134C, dated July 1997 (File Nos. E80, E81, E82), copies of which
documents are on file with Grantor and Grantee (hereinafter the “Plans”).
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5. “Purchase and Sale Agreement” means that certain purchase and sale
agreement executed by King County and the City of Auburn regarding Lot
A as authorized by King County ordinance no. __________ and City of
Auburn ordinance no. __________
B. Grant of Easement Rights. Grantor hereby grants and conveys, confirms, and re-
affirms to Grantee, the following perpetual easement rights in Lot A:
1. A permanent access easement in, on, over, across, and through the
Easement Area for Grantee’s continued public transportation and mass
transit purposes in connection with the use and operation of the P&R Lot as
now configured or hereafter modified, as more fully described in Paragraph
3 of this Section I.B. When on Lot A, Grantee’s buses and other public
transportation or mass transit vehicles shall have right of way over all other
vehicles in the Easement Area. All other vehicles shall yield to Grantee’s
buses and other public transportation or mass transit vehicles when
Grantee’s vehicles are in motion. Grantee may paint, stripe, signalize, or
otherwise improve the Easement Area to ensure that Grantee’s buses and
other public transportation or mass transit vehicles may freely enter and exit
Lot A. PROVIDED, that nothing in this Section I.B.1 shall operate to
relieve the drivers of Grantee’s vehicles from the duty to drive with due
regard for the safety of all persons on Lot A.
2. A permanent, non-exclusive construction easement through Lot A for
ingress and egress to and from Lot A for personnel, vehicles and equipment
as reasonably necessary or incidental to Grantee’s maintenance, repair and
replacement of the Lighting Improvements, all as more fully described in
Paragraph 3 of this Section I.B.
3. Subject to the further terms and conditions of this Easement, Grantee shall
have the right to use the Easement Area for all purposes necessary or
incidental to public transportation or mass transit vehicle access over,
ingress to, and egress from Lot A via “A” Street NE, including but not
limited to Grantee’s use, operation, maintenance, inspection, repair,
replacement, of all or any paving, pavement marking, traffic signals or
controls, curbs, curb cuts, gutters, sidewalks, crosswalks, pedestrian access
routes, walkways, railings, or fences within Easement Area as Grantee may
now or hereafter deem appropriate, including the removal or replacement of
same, either in whole or in part with like size improvements or facilities.
These improvements, together with the Lighting Improvements, are referred
to herein as the “Transportation Improvements.”
4. The following easement rights related to stormwater and surface water
drainage improvements on Lot A:
(a) A permanent stormwater and surface water drainage easement in,
on, over, under, across, and through Lot A for Grantee’s use and
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operation of the existing stormwater and surface water drainage
system as shown in the Plans or hereafter modified;
(b) A permanent, non-exclusive construction easement twenty (20) feet
wide, centered on the alignment of the existing drainage system
improvements, as shown in the Plans, together with a right of access
in, on and through Lot A for ingress and egress to and from the Lot
A for personnel, vehicles and equipment as reasonably necessary or
incidental to Grantee’s installation, construction, maintenance,
repair and replacement of drainage system improvements.
(c) Subject to the further terms and conditions of this Easement,
Grantee shall have the right to use this easement for all purposes
necessary or incidental to the drainage of stormwater and surface
water from the Benefitted Property, including but not limited to
Grantee’s use, operation, maintenance, inspection, repair,
replacement, reconstruction, and removal of all or any drainage-
related Easement Improvements as Grantee may now or hereafter
deem appropriate, including the addition, removal or replacement of
same at Grantee’s election, either in whole or in part with either like
or different size improvements or facilities, and the installation of
additional improvements, utilities and other facilities and equipment
within the construction easement area.
5. Collectively, the easement improvements described in this Section I.B are
referred to herein as the “Easement Improvements.”
C. Benefit of Easement. This Easement is appurtenant to and for the benefit of the
Benefitted Property and all other land, real property or property interests now
owned or hereafter acquired by Grantee and that constitutes a portion of or is
served by the Easement Improvements or Grantee’s public transportation and mass
transit system as now configured or hereafter modified.
D. Ownership of Easement Improvements. The Parties agree that the Easement
Improvements on Lot A are owned by and belong to Grantor, including without
limitation the Lighting Improvements. The Parties agree that any and all other
Easement Improvements or future improvements or betterments to the Easement
Improvements on Lot A, including but not limited to paving, curbs and gutters,
fences, barriers, landscaping, shelters, cabinets, pipes or conduits, related
structures, materials, facilities, mechanical and electrical systems, utilities,
equipment, furnishings or improvements or betterments of any kind that are now or
hereafter acquired, constructed or installed within the Easement Area for public
transportation or mass transit purposes shall upon substantial completion become,
and shall thereafter at all times remain, the property of Grantor. For purposes of
this Easement the term “substantial completion” means:
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1. Grantee has full and unrestricted use and benefit of the subject work for the
purpose intended;
2. All the systems and parts of the subject work are functional;
3. Utilities are connected and operate normally;
4. Only minor incidental work or correction or repair remains to complete the
subject work; and
5. To the extent applicable, all occupancy permits, inspection permits, and
temporary construction easement releases have been provided.
E. Duty to Maintain Easement Improvements On Lot A.
1. Grantor covenants to maintain, repair, and replace the Easement Improvements
in their existing locations so as to provide at least the level, extent, and quality
of function specified in the Plans.
(a) Grantor further covenants that within the Easement Area as defined in
Exhibit B-2 attached hereto, Grantor shall preserve lighting equal to or
better than that which exists on the Easement Area as of the Closing Date as
defined in the Purchase and Sale Agreement (“Closing Date”).
(b) Grantor covenants to erect, at its sole expense, a security chain-link fence
on the boundary between Lot A and Grantee’s P&R Lot within thirty (30)
days of the date of closing. Provided, that Grantor’s security fence shall not
interfere with Grantee’s right of ingress and egress under this Easement.
(c) Grantor covenants to disconnect from Grantee’s electrical service,
according to law and at Grantor’s sole expense, power to all the light poles
that are located north of the south boundary line of Lot A (not including
those that are located on the south boundary line) within ninety (90) days of
the Closing Date.
(d) Grantor covenants to disconnect from the irrigation system that serves the
P&R Lot the portion of the irrigation system that serves that landscaping
located completely within Lot A. Grantor shall complete this work within
ninety (90) days of the Closing Date. Grantor further covenants to maintain
an operational irrigation system to serve the landscaping that is located
completely within Lot A.
(e) Grantor shall undertake and fulfill the duties imposed under this Section
I.E.1 at Grantor’s sole cost and expense; and such cost and expense shall
never become a lien on or against the Benefitted Property or otherwise
become Grantee’s liability or obligation.
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2. Grantor covenants that except as set forth in Section I.E.1, the existing
Easement Improvements shall not be changed, modified, or relocated except
with Grantee’s prior written approval, which approval may be withheld in
Grantee’s sole and absolute discretion. Grantor further covenants that so long
as this Easement is in effect, the Lighting Improvements shall never be
relocated, altered, modified, or changed in any manner that would reduce the
level, extent, or quality of lighting below that which is specified in the Plans.
3. Notwithstanding Paragraphs 1 and 2 of this Section I.E, if the Federal Aviation
Administration (“FAA”) or its successor requires Grantor to change the existing
Lighting Improvements then the Parties shall negotiate as to how Grantor may
accommodate such requirement while meeting the standard set forth in Section
I.E.1, and such negotiation shall be subject to dispute resolution under Section
III.B of this Agreement.
F. Grantee’s Discretionary Right to Maintain Lighting Improvements.
1. Grantor and Grantee agree that the Lighting Improvements are critical to the
safe and efficient operation of Grantee’s public transportation system and mass
transit activities upon the P&R Lot and the Easement Area. Grantor
understands, acknowledges, and agrees that the Lighting Improvements must be
maintained to meet the standard set forth in Section I.E at all times, and that any
needed repairs or replacements shall be treated as a matter of public safety and
shall be afforded the highest priority. To that end, Grantor covenants that
Grantee shall have the right, but not the duty, to maintain, repair, or replace the
Lighting Improvements pursuant to this Section I.F.
2. If Grantee, in its reasonable discretion, believes that Grantor has not met its
duty to maintain the Lighting Improvements to the standard in Section I.E, then
Grantee may notify Grantor of the work needed and the proposed maintenance,
repair, or replacement (collectively, the “Work”) in sufficient detail that
Grantor could estimate the cost of the labor and materials needed to complete
the Work. If within seventy-two hours Grantor has not either (a) initiated the
work or provided Grantee a written proposal of equivalent maintenance, repair,
or replacement, which Grantee may at its sole discretion approve or deny, or (b)
completed the work, or approved equivalent, then Grantee may undertake such
maintenance, repair, or replacement. PROVIDED, that Grantee shall make a
good faith effort to provide Grantor with twenty-four (24) hours advance
written notice of intent to perform the Work. Such notices may be by
telephone, fax, email with confirmation of delivery, or any means specified in
Section III.E of this Easement.
3. If Grantee performs the Work, it shall invoice Grantor for all fees, costs, and
expenses associated with the Work, including but not limited to the cost of
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Grantee’s staff time to prepare Grantee’s Notice and to develop and implement
any procurement, plans, permitting, or project documentation necessary for the
Work (collectively, the "Work Costs"). Grantor shall pay the Work Costs to
Grantee within forty-five (45) days of receipt of Grantee’s invoice. Grantee
shall add a late fee of five percent (5%) to any Work Costs invoice not timely
paid. If any Work Costs invoice remains outstanding ninety (90) days after
receipt, Grantee may send it to collections.
G. Grantee’s Discretionary Right to Maintain Other Easement Improvements.
1. Subject to the notice requirements set forth in this Section I.G, Grantor
covenants that Grantee shall have the right, but not the obligation, to
maintain, repair, or replace all Easement Improvements on or in the
Easement Area. This Section I.G does not apply to the Lighting
Improvements, which are addressed in Section 1.F.
2. If Grantee believes that the Easement Improvements require substantial
repair, maintenance, or replacement, then Grantee shall notify Grantor in
writing consistent with Section III.E of this Easement (“Grantee’s Notice”).
Grantee’s Notice shall specify the work needed in sufficient detail for
Grantor to determine whether the proposed work is acceptable. Grantee
need not provide advance written notice of minor or ordinary repair or
maintenance work, and may perform such work in Grantee’s sole
discretion.
3. Grantor shall respond to Grantee’s Notice within thirty (30) days. Grantor’s
response shall state whether the proposed work and schedule is acceptable
to Grantor. If the work or schedule is not acceptable to Grantor then the
Parties shall engage in dispute resolution under Section III.B of this
Easement.
H. Emergency Work. In addition to Grantee’s discretionary right to maintain, repair,
or replace the Easement Improvements under Sections I.F and I.G of this Easement,
Grantee shall also have the discretionary right, but not the duty, to perform
emergency maintenance, repair, or replacement of the Easement Improvements.
Grantee shall make a good faith effort to provide Grantor with twenty-four (24)
hours advance written notice of such emergency work. Such notice may be by fax,
email with confirmation of delivery, or any means specified in Section III.E of this
Easement. To the extent feasible under the circumstances, Grantee’s notice under
this Section I.H shall describe the emergency and the proposed maintenance, repair,
or replacement in detail. Grantee’s emergency repairs to Easement Improvements
on the Easement Area shall not be subject to dispute resolution under Section III.B.
I. Grantee’s Discretionary Right to Propose Upgrades to Easement
Improvements.
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1. In addition to Grantee’s rights under paragraphs E, F, G, and H of this
Section I, Grantee shall have the right, but not the obligation or duty, to
propose betterments or upgrades to the Easement Improvements on the
Easement Area, and to construct and install such betterments or upgrades at
its own expense; PROVIDED, that Grantee shall not undertake any such
betterment or upgrade of the Easement Improvements without first
submitting Grantee’s proposal to Grantor for review and approval, and
Grantor shall not unreasonably withhold, condition, or delay its approval.
2. If Grantor approves Grantee’s proposed betterment or upgrade then Grantee
may construct or install it, and the betterment or upgrade shall become
Grantor’s property upon substantial completion as defined in Section I.D of
this Easement, and thereafter the Parties’ respective rights, duties and
obligations as to such betterment or upgrade shall be governed by this
Easement. If Grantor does not approve Grantee’s proposed betterment or
upgrade then the Parties shall undertake dispute resolution pursuant to
Section III.B of this Easement.
3. Grantor’s review and approval of Grantee’s plans and specifications under
this Section I.G shall be strictly limited to the facilities and/or excavation
shown on the plans and specifications submitted to Grantor and shall in no
event constitute or be construed as a certification of the adequacy or
sufficiency of Grantee’s plans and specifications nor whether Grantee’s
construction, work or activity complies with other applicable laws, building
codes and other governmental rules and regulations.
J. Grantee's Restoration of Easement Area. Whenever Grantee undertakes any
maintenance, repair, replacement, betterment, or upgrade of any Easement
Improvements pursuant to Sections I.F through I.I of this Easement, then upon
completion of such work Grantee shall remove any debris and restore the surface of
any disturbed portion of the Easement Area to a condition reasonably
approximating that which existed at the commencement of such work.
K. Grantee’s Abandonment of Easement.
1. Grantee may at any time, in its sole and absolute discretion, permanently
abandon this Easement or any portion thereof, but only by recording an express
written notice of such abandonment. Mere nonuse or disuse of the Easement
Area, the Easement Improvements, or the rights granted in this Easement shall
not constitute or be deemed to constitute legal abandonment.
2. In addition to recording a notice of abandonment, Grantee may, at its sole and
absolute discretion, execute and record a full or partial reconveyance or release
of this Easement, whereupon this Easement or the relevant portion thereof, and
all related rights, duties and obligations of the Parties thereunder, in whole or in
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part, shall automatically terminate. Such reconveyance shall be in the form of a
quitclaim deed unilaterally executed by Grantee.
3. Grantee’s actions under this Section I.K are not subject to dispute resolution
under Section III.B.
L. Grantee to Comply with Applicable FAA Safety Requirements. Grantee
covenants that in exercising its rights and privileges as to the Easement
Improvements on the Easement Area, Grantee shall comply with applicable FAA
safety requirements, including but not limited to vertical height restrictions,
horizontal setbacks or clearance requirements, and mandatory fencing, signage,
marking, or lighting limitations or requirements, including, to the extent applicable,
that certain clear zone (avigation) easement recorded at King County Recording
No. 6696709.
II RESTRICTIVE COVENANTS
A. Grant of Restrictive Covenant. Grantor hereby grants and conveys, confirms,
and re-affirms to Grantee, the following perpetual restrictive covenants in the Lot
A:
1. Grantor covenants that it shall use Lot A for no purpose that will impede,
interfere with, obstruct or endanger Grantee’s easement rights under Article
I of this Easement.
2. Grantor covenants that Lot A shall not be subdivided, developed,
demolished, redeveloped, reconfigured, modified, used, cleared or graded,
or otherwise altered or improved in any manner that would interfere with
Grantee’s easement rights under Article I of this Easement, or be
inconsistent with the purpose and intent of this Easement.
3. Grantor covenants that Grantee’s buses and other public transportation or
mass transit vehicles shall not be required to stop at, and shall have free
passage through, over, under, around, and across any fencing, gate,
guardhouse, checkpoint, chicane, or any other security feature that may be
erected on, about, or in connection with Lot A. PROVIDED, that this
Section II.A.3 shall not apply: In case of a specific, documented, credible
threat to any facility or enterprise that may constructed or operated on Lot
A; or if the Governor of the State of Washington declares a state of
emergency or martial law; or as may be required by Federal law pertaining
to national security.
4. Grantor shall not convey fee title to, or any lesser interest or privilege in,
Lot A or any portion of it, except by instrument expressly referencing this
Easement by its title (“Public Transportation Easement and Restrictive
Covenant”) and recording number.
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5. Grantor shall hold harmless, indemnify, and defend Grantee from any and
all cost, liability, claims, judgments, administrative actions, litigation, or
other obligations arising out of or relating to the discharge of pollutants or
Hazardous Substances (as defined in Section 3.1.9 of the Purchase and Sale
Agreement) in any stormwater, surface water, runoff, or any other form of
discharge or release from Lot A into any of the stormwater facilities that
serve the P&R Lot.
6. Beginning eighteen (18) months after the Closing Date, and each calendar
year thereafter for so long as Grantor owns Lot A, upon Grantee’s written
demand Grantor shall pay to Grantee a share of Grantee’s annualized cost to
maintain those certain stormwater facilities that serve both the P&R Lot and
a portion of Lot A (the “Joint Use Facilities”). Grantor’s share of Grantee’s
annualized cost shall be determined by multiplying Grantee’s annualized
cost to maintain the Joint Use Facilities by a fraction, the numerator of
which is the square footage of the Lot A area served by the Joint Use
Facilities, and the denominator of which is that same Lot A area plus the
square footage of the P&R Lot area served by the Joint Use Facilities.
7. If the Lot A area served by the Joint Use Facilities, which area is shown in
Exhibit D, is ever redeveloped or improved for any purpose other than a
vehicle parking lot, then before commencing construction of such
redevelopment or improvement Grantor or Grantor’s successor, assign, or
designee shall disconnect Lot A’s stormwater or surface water system from
the Joint Use Facilities. The Parties agree that Exhibit D shall not be
recorded but shall remain on file with the Parties.
8. If Grantee ever redevelops the P&R Lot, then the City of Auburn shall limit
its drainage review and approval (if any) to those surface water or storm
water impacts arising out of or related to drainage from the P&R Lot, and
without reference to or consideration of any surface water or stormwater
discharge from Lot A.
B. Run with the Land. Grantor agrees that the benefit of these restrictive covenants
runs with the land and real property interests that make up the Benefitted Property
and with Grantee’s estate in the Benefitted Property. Grantor agrees that the
burden of these restrictive covenants runs with the land that makes up Lot A and
with Grantor’s estate in Lot A. The Parties agree that these restrictive covenants
shall be binding upon and inure to their respective successors and assigns.
C. Touch and Concern. The Parties agree that the benefits of these restrictive
covenants touch and concern Grantee’s fee title in Lot B and Grantee’s easement in
Lot A, in that they perpetuate the existing public transportation and mass transit
regime on the Benefitted Property and ensure Grantee’s ability to continue to use
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the Benefitted Property for public transportation and mass transit purposes. The
Parties agree that the burdens of these restrictive covenants touch and concern
Grantor’s fee title in Lot A, in that they limit the uses to which Lot A may be put
and the acts that may be done there.
D. Dispute Resolution. Any disputes between the Parties regarding these restrictive
covenants shall be subject to the dispute resolution process set forth in Section
III.B.
E. Equitable Relief. The Parties agree that if dispute resolution is not successful in
resolving a dispute regarding these restrictive covenants, then either Party may seek
any remedy at law or equity, including but not limited to temporary restraining
orders or other forms of injunctive relief.
F. Termination of Covenants II.A.5-8 Upon Further Property Transaction. The
covenants in paragraphs numbered 5, 6, 7, and 8 of this Section II.A shall terminate
and thereafter shall be of no further force or effect beginning upon such date as the
King County Recorder’s Office may record a deed from King County to the City of
Auburn conveying the real property on which is located the stormwater
retention/detention pond serving the P&R Lot and Lot A.
III. GENERAL TERMS AND CONDITIONS
A. Grantor’s Use of Property.
1. Subject to Articles I and II of this Easement, Grantor reserves the right to
use Lot A and/or to grant other easement, license or use rights to Lot A for
any purpose not inconsistent with the rights herein granted to Grantee so
long as such use or use rights do not interfere with, obstruct or endanger
either or both of the following:
a. Grantee’s use of the Benefitted Property for public transportation and
mass transit access, ingress, and egress purposes; or
b. The maintenance, repair, replacement, improvement, or betterment of
any Easement Improvements now or hereafter constructed, installed,
used, operated or maintained in the Easement Area pursuant to this
Easement.
2. Prior to any activity by Grantor in the Easement Area that extends to within
ten (10) feet of any of Easement Improvements contained therein or which
changes the compression loads on or to the lateral support for any such
Easement Improvements, Grantor shall notify Grantee in writing and shall
provide Grantee with a copy of all plans and specifications for such
proposed activity for review at least forty-five (45) days prior to the
commencement of such activity. Grantor shall not commence such activity
RES.G Page 410 of 597
Public Transportation Easement
Auburn Park-and-Ride
Lot “A” of BLA #___________
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unless and until it has received Grantee’s prior written consent that the
Grantor’s proposed construction, work or activity will not interfere with the
Grantee’s rights under this Easement, which Grantee hereby confirms will
not be unreasonably withheld.
3. Grantee’s review and approval of Grantor’s plans and specifications shall
be strictly limited to the facilities and/or excavation shown on the plans and
specifications submitted to Grantee and shall in no event constitute or be
construed as a certification of the adequacy or sufficiency of Grantor’s
plans and specifications nor whether Grantor’s construction, work or
activity complies with other applicable laws, building codes and other
governmental rules and regulations.
B. Dispute Resolution. Except as otherwise specified in this Easement, and subject
to Paragraph 6 of this Section III.B, all disputes arising under or related to this
Easement shall be subject to the following dispute resolution process:
1. Grantor and Grantee shall each within ten (10) business days, designate a
senior officer or director to meet to attempt to resolve the dispute
(“Management Escalation”). The designated individuals shall meet within
twenty (20) business days after their designation. Any dispute resolved
through the Management Escalation process shall be documented by
appropriate written documentation executed by all participating parties.
2. If Management Escalation fails to resolve the dispute, then mediation may
be requested by either Party, and shall be attempted prior to any litigation
arising under or related to this Easement. Within ten (10) days of a
mediation request, each Party shall designate, in writing, not more than
three (3) candidates to act as a non-binding mediator. Candidates shall be
proposed from Judicial Arbitration and Mediation Services (JAMS) or
Judicial Dispute Resolution (JDR) or their successors, or shall be a neutral,
independent and recognized expert in the field in which the dispute arises.
If the Parties cannot agree on one of the mediators from the combined list
within five (5) days of exchanging lists, then the Parties shall promptly meet
and select a mediator by blind draw from a pool consisting of all six
candidates selected by the Parties.
3. Upon selection of the mediator, the Parties shall within thirty (30) days, or
as soon thereafter as practicable, meet and engage in a mediation of the
dispute with the assistance of the mediator. Each Party shall be responsible
for its own costs and expenses, including attorneys’ fees, incurred pursuant
to this section. Costs of the mediator and other common costs shall be
divided equally between the Parties. The mediator shall determine
reasonable procedures.
RES.G Page 411 of 597
Public Transportation Easement
Auburn Park-and-Ride
Lot “A” of BLA #___________
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4. The Parties agree that if they are unable to resolve their dispute through
Management Escalation or mediation, and for all matters not subject to
dispute resolution, King County Superior Court shall have the authority to
decide the dispute. Jurisdiction shall lie with the King County Superior
Court and venue shall be King County Superior Court in Kent, Washington,
unless the King County Superior Court local rules would place venue in
Seattle, Washington, in which case venue shall be in Seattle, Washington.
5. The dispute resolution procedures shall not prejudice the Parties’ legal or
equitable rights. At the request of either party, the Parties shall enter into an
agreement to toll the statute of limitations with respect to the subject matter
of a dispute while the Parties pursue the dispute resolution process set forth
in this Section III.B. Positions expressed, responses given, and information
submitted in any dispute resolution process under this Section III.B shall
not be admissible as evidence in any subsequent dispute resolution,
litigation, or other legal proceeding.
6. If a Party reasonably determines that circumstances require immediate
action to prevent or mitigate significant damage to or loss of the Benefitted
Property, the Easement Area, or the Easement Improvements, or that delay
in initiating or prosecuting a claim in litigation would irrevocably prejudice
that Party, then after giving the other Party notice of the dispute the affected
Party may immediately pursue any remedy available at law or in equity
without following the dispute resolution procedures in this Section III.B.
C. Insurance.
1. The Parties shall each maintain commercially reasonable insurance to
protect their respective interests. This insurance requirement may be met
through a program of self-insurance or participation in a risk-sharing pool.
Each Party shall provide written proof of commercially reasonable
insurance upon demand of the other Party.
2. The Parties shall require their contractors and subcontractors of all tiers to
name each of the Parties as additional insured on any insurance policy that
may apply to any work performed on the Easement Area. The Parties may
each request certificates of insurance or copies of insurance policies from
any contractors and subcontractors of all tiers that perform work on the
Easement Area.
RES.G Page 412 of 597
Public Transportation Easement
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Lot “A” of BLA #___________
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3. The insurance-related obligations contained in this Section III.C shall
survive the expiration, abandonment or termination of this Easement and
the easement rights and restrictive covenants granted hereunder.
D. Indemnification.
1. Grantor and Grantee each agrees for itself, its successors, and assigns to
protect, defend, indemnify and hold harmless the other, and the other's
appointed and elected officials and employees from and against liability for
all claims, demands, suits, and judgments, including costs of defense
thereof, for injury to persons, death or property damage (collectively,
“Claims”) caused by or arising out of the Grantor's or Grantee's own acts or
omissions, respectively, and those of their respective agents, employees or
contractors within or about the Easement Area or that is otherwise caused
by or arises out of their exercise of the rights and privileges respectively
granted by or reserved under this Easement, including without limitation
liability from the products contained in, transferred through, released or
escaped from their respective improvements or otherwise introduced by
Grantor or Grantee, respectively, or their respective agents, employees or
contractors within or about the Easement Area. The Parties' obligations
under this Section III.B shall include:
a. Indemnification for such Claims whether or not they arise from the
Parties' own acts or omissions, the concurrent negligence of both Parties
or a third party, or the acts or omissions of the Parties' own contractors,
subcontractors, or the acts or omissions of one or more third parties
under the direction or control of Grantor or Grantee, respectively;
b. The duty to promptly accept tender of defense and provide defense to
the indemnified Party at the indemnifying Party's own expense;
c. Indemnification of Claims made by the Parties' own employees or
agents;
d. Waiver of immunity under the industrial insurance provisions of Title
51 RCW, but only to the extent necessary for Grantor and Grantee to
indemnify each other against Claims subject to Title 51 RCW, which
waiver has been mutually negotiated by the Parties; and
e. Indemnification for Claims that are submitted by the indemnified Party's
contractor or subcontractors and arise from the indemnifying Party's
improvements within or about the Easement Area.
2. Notwithstanding Paragraph 1 of this Section III.D, Grantee shall have no
RES.G Page 413 of 597
Public Transportation Easement
Auburn Park-and-Ride
Lot “A” of BLA #___________
10/21/12 16
obligation under this Section III.D to indemnify and hold harmless Grantor
for Claims arising from the sole negligence or willful misconduct of
Grantor, its appointed and elected officials and employees; and Grantor
shall have no obligation under this Section III.D to indemnify and hold
harmless Grantee for Claims arising from the sole negligence or willful
misconduct of Grantee, its appointed and elected officials and employees.
3. Grantor and Grantee agree that if a court of competent jurisdiction
determines that RCW 4.24.115 applies to this Easement, or to any Claim
arising hereunder, then Grantor and Grantee shall each defend, hold
harmless and indemnify the other to the maximum extent permitted
thereunder, and specifically for their own negligence concurrent with that of
the other Party, to the full extent of Grantor’s or Grantee's own negligence.
4. Grantor and Grantee shall give each other timely written notice of the
making of any Claim or of the commencement of any such action, suit, or
other proceeding covered by the indemnity in this Section III.D. If any such
Claim arises, then the indemnified Party shall tender the defense thereof to
the indemnifying Party, and the indemnifying Party shall have the duty to
defend, settle, or compromise any Claims arising hereunder; and the
indemnified Party shall cooperate fully therein. The indemnified Party's
failure to timely notify the indemnifying Party of such a Claim or action,
however, shall not constitute a defense to the indemnity set out in this
Section III.D, except to the extent of actual prejudice to the indemnifying
Party.
5. The indemnification, protection, defense and save harmless obligations
contained in this Section III.D shall survive the expiration, abandonment or
termination of this Easement and the easement rights and restrictive
covenants granted hereunder.
E. Notices. Except for Grantee’s notice of work under Sections I.F and I.H, any
notices required herein shall be in writing and shall be deemed to have been duly
given and received on the date of personal service, or one day after deposit with a
reputable national overnight delivery service, or two days after deposit with the
United States Postal Service, sent by registered or certified mail, return receipt
requested, postage prepaid. Notice may also be provided by email or other means
of electronic transmittal, provided that receipt of the email or transmittal content
can be confirmed by the sender, with time of receipt being the uniform time the e-
mail or other transmittal enters the information processing system that the recipient
has designated or uses for the purpose of receiving email or other form of
transmittal. In all cases notice shall be sent to the addresses listed below or as
hereafter updated by the Parties by written notice as set forth in this Section III.E:
RES.G Page 414 of 597
Public Transportation Easement
Auburn Park-and-Ride
Lot “A” of BLA #___________
10/21/12 17
TO GRANTOR: TO GRANTEE:
Office of the Mayor
City of Auburn
25 West Main Street
Auburn, WA 98001
Manager’s Office
Transit Division
King County Department of Transportation
201 S King Street
Seattle WA 98104
WITH A COPY TO:
Auburn City Attorney’s Office
City of Auburn
25 West Main Street
Auburn, WA 98001
WITH A COPY TO:
King County Prosecutor’s Office
King County Courthouse, W400
516 Third Avenue
Seattle, WA 98104-2388
Attn: Chief Civil Deputy
F. Representations. Grantor represents that it is the lawful owner of Lot A and has
the legal authority to grant and convey this Easement to Grantee.
G. Successors and Assigns; Legal Relations.
1. Grantee may assign its rights under this Easement, in whole or in part,
without approval or consent of Grantor. Grantor shall not convey or assign
any right, title, interest, or license in Lot A except by instrument specifically
referencing this Easement by its title and recording number as required
under Section II.A.4.
2. Nothing in this Easement shall make, or be deemed to make, Grantor and
Grantee a partner of one another. This Easement shall not be construed as
creating a partnership or joint venture. This Easement shall create no right,
privilege, duty, obligation, or cause of action in any person or entity not a
party to it.
3. Nothing contained in this Easement shall diminish or be construed to
diminish the governmental or police powers of Grantor or Grantee.
H. Force Majeure.
1. "Force Majeure Event" means any act or event that prevents a Party from
performing its obligations under this Agreement, if such act or event is
beyond the reasonable control, and not the result of the fault or negligence,
of the affected Party and such Party is unable to overcome such act or event
RES.G Page 415 of 597
Public Transportation Easement
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Lot “A” of BLA #___________
10/21/12 18
with the exercise of due diligence (including the expenditure of reasonable
sums). Subject to the foregoing definition, Force Majeure Event may
include natural phenomena, such as storms, hurricanes, floods, lightning or
earthquakes; explosions or fires arising from causes unrelated to the acts or
omissions of the Party seeking to be excused from performance; acts of war,
civil unrest, public disorder, sabotage, epidemic, rebellion, riot, or terrorism
or war. Force Majeure Events shall not include equipment failures or acts
or omissions of agents, suppliers, contractors or subcontractors of any tier,
except to the extent that such acts or omissions arise from a Force Majeure
Event as defined in this Paragraph III.H.1.
2. Except as provided in Paragraph III.H.1 or otherwise specifically provided
in this Easement neither Party shall be considered in breach of this
Easement or liable for any delay or failure to comply with this Easement, if
and to the extent that such delay or failure is attributable to the occurrence
of a Force Majeure Event. Provided, that the Party claiming relief based on
a Force Majeure Event shall:
a. Promptly notify the other Party in writing of the existence and nature of
the Force Majeure Event;
b. Exercise all reasonable efforts to minimize delay caused by such Force
Majeure Event;
c. Notify the other Party in writing of the cessation of such Force Majeure
Event; and
d Resume performance of its obligations under this Easement as soon as
practicable thereafter.
3. Obligations to pay for services already provided shall not be excused by a
Force Majeure Event.
I. Construction. All of the Recitals set forth above are incorporated into this
Easement as though fully set forth herein. The headings contained in this Easement
are for convenience of reference purposes only and shall not in any way affect the
meaning or interpretation hereof, nor serve as evidence of the intention of the
parties hereto. Whenever the context hereof shall so require the singular shall
include the plural.
J. Entire Agreement. This Easement sets forth the entire agreement of the Parties as
to the subject matter hereof and supersedes all prior discussions and understandings
between them. This Easement may not be modified, except by an instrument in
writing signed by a duly authorized officer or representative of each party hereto.
K. Severability. In case any one or more of the provisions contained in this Easement
shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision
RES.G Page 416 of 597
Public Transportation Easement
Auburn Park-and-Ride
Lot “A” of BLA #___________
10/21/12 19
hereof, and this Easement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
L. Waivers. No waiver of any right under this Easement shall be effective unless
contained in a writing signed by a duly authorized officer or representative of the
party sought to be charged with the waiver and no waiver of any right arising from
any breach or failure to perform shall be deemed to be a waiver of any future right
or any other right arising under this Easement.
M. Governing Law; Venue for Litigation. This Easement shall be governed by and
construed and enforced in accordance with the laws of the State of Washington,
without reference to its choice of law rules or conflicts of law provisions. The
Superior Court of King County, Washington, shall be the sole venue for any
litigation between the Parties that arises under or relates to this Easement.
TERMS AND CONDITIONS CONTINUE ON FOLLOWING PAGE
RES.G Page 417 of 597
Public Transportation Easement
Auburn Park-and-Ride
Lot “A” of BLA #___________
10/21/12 20
N. Exhibits. The following exhibits and record documents are incorporated by this
reference as if fully set forth herein:
Exhibit A Legal Description of Easement Area
Exhibit B-1 Legal Description of Lot A
Exhibit B-2 Legal Description of Benefitted Property
Exhibit C Illustration of Boundary Line Adjustment
Exhibit D Illustration of Property Area Served by Joint Use Facilities (not
recorded; copies on file with the Parties)
-- Plan Set No. 111189, dated February 10, 1978, as modified by pages
E101 through E103 of that certain Contract No. C65046C, dated
October 1996, and as further modified by pages C301 through C304
of that certain Contract No. C75134C, dated July 1997 (File Nos.
E80, E81, E82), (not attached or recorded; copies on file with the
Parties)
EXECUTED AND EFFECTIVE as of the date last signed below.
FOR GRANTOR: FOR GRANTEE:
Peter Lewis, Mayor Steve Salyer, Manager
City of Auburn Real Estate Services Section
King County Dep’t of Executive Services
DATE:________________________ DATE:________________________
Approved as to Form: Approved as to Form:
By _________________ By _________________
Deputy City Attorney Deputy Prosecuting Attorney
NOTARY BLOCKS APPEAR ON FOLLOWING PAGE
RES.G Page 418 of 597
Public Transportation Easement
Auburn Park-and-Ride
Lot “A” of BLA #___________
10/21/12 21
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me ____________________________________________,
to me known to be the __________________________________ of KING COUNTY, the
______________ that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of KING COUNTY, for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute the said instrument.
Dated: _____________________________.
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me ____________________________________________,
to me known to be the __________________________________ of THE CITY OF AUBURN, the
______________ that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of THE CITY OF AUBURN, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute the said
instrument.
Dated: _____________________________.
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
RES.G Page 419 of 597
EXHIBIT A
Public Transportation Easement
Auburn Park-and-Ride·
Lot "A" of BLA # ----
Legal Description of Easement Area
THAT SOUTH PORTION OF PARCEL "A" OF BLA NO. , THE TRUE POINT OF
BEGINNING COMMENCING AT THE SOUTH-EASTERLY CORNER OF PARCEL "A", THENCE N 89°
42' 06" W 299.66 FT, THENCE N 00 o 39 20" E 170.04 FT, THENCE S 89 o 42' 06"E APPROXIMATELY
299.60 FT, THENCE S 00° 30'04" W 170.04 FT TO THE TRUE POINT OF BEGINNING, CONTAINING
APPROXIMATELY 50,954 SO FT.
RES.G Page 420 of 597
EXHIDITB-1
Legal Description of Lot A
Public Transportation Easement
Auburn Park-and-Ride
Lot "A" of BLA #-____ _
09/20/12 RES.G Page 421 of 597
!.\:GAl OESCRIPTION
PARi;:ElA
THAT PORTION OFTH~ SOUTH HAL(OFJOS~PH i3RANNAN DONATION lAND CLAJM NO. 38, SITUATED
IN THE WEST HALF OF SECTION 71 TOWNSHIP 21NORTH, RI\NGES EAST, W.M.; AND THE EAST HALF OF
SECTjON 12.; TOWNSHIP 21 NORTH, RANGE4 ~AST, W.M., IN THE CllYOF AUBLiRN, KING COUNTY,
. WASHINGTON, BEJNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: ·
. COMMENCING AT A31NCH DIAM~TER BR.ASS DisK IN CONCRETE, IN CASE, MARKING THE CENTERLINE
RIGHT·OF·WAY OF u;TM ST!lcEET N.E. WitH nn; CENTERLINE RIGHT-OF-WAY OF 'D' STREET N.E, AS ·
SHOWN ON RECORD OF SU~VEY, RECORDING NUMB~R 7701:1}990$, .~ECORDS OF SAID COUNTY,·FROM
WHICH, A 31NCH OJAMETER BRASS DISKIN CONCRETE, IN CASE, MARKING THE CEJIJHRLINE:RIGHI-OF-
WAY QFSA.ID 15TH STREETN.E. WITH THE CENTERLINE RIGHT-OF-WAY OF 'A' STREET N.E., B~ARS NORTH
89'30'04" WEST, 980.32FEET; THENCE ALONG THE CENTERLINE OF SAID 'D' STRE.ET N.E., NORTii
00"41:08" EAST, 360.38 FEETTO A 1-1/2 INCH DJAMETER BRASS SURFACE MONUMENT; THENCE
CONTINUING ALONB SAID CENTERLIN'E NORTH 00'41'08" EAST, 13o.42 FEET TO THE SOUTH LINE Of
AUBURN MUNICIPAl AIRPORT AS SHOWN oN SAID SURVEY; THEI\I.C~ ALONB SAid SOUTH PNE NORTH
W04'44" WEST; 691 .• 73 FEETTOTH~ SOUTHWEST CORNER OF SAJb AIRPORT PROPERTY AND THET.RUE
POiNT OF BEGINNING; THENCE ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID
AIRPORt PRbPERTY SOUTH 00"39'48" WEST, 143.93 FEE.T; TH!=NCE SOUTH 89'30'49" EAST 40,36 FEET;
THWCE SOUTH 00'30'04" WEST, 170.04 FEET; THENCE NORTH 89'42'06" WEST, 299,66 FEETTO THE
EAST MARGIN or 'A'STRI:ET N.E.;TAENCE ALONG SAID MARGIN NORTH00"39'ZO"EAST, 6;1.4,85 FEET
TO THE NORTHWEST CORNER OF THAT CERTAIN PARCE.L OF LAND AS SHOWN. ON SAID RECORD OF
SURVEY; THENCE ALONG THE NORTH LINE OF SAID PARCI:L SOUTH 89'30'04" EAST, 25S.89 FEET TO THE
WEST LiNE OF SAID AIRPORT PROPERTY; THENCE ALONG SAID WEST LINE SOUTH 00°39'48'' WEST
· 299.84 FEETTO THE TRUE POINT OF BEGINNING,
CONTAINING 3$1 ACRES, MORE OR LESS
SUB)ECTTO EASEMENTS, CONDITIONS, AND RESTRICTIONS
RES.G Page 422 of 597
EXHIBITB-2
Puqlic Tr!insportation Easement
· Auburn Park-and-Ride
Lot "A" ofBLA # ___ _
Legal Description of Benefitted Property
09/20/12
RES.G Page 423 of 597
tEGALDESCRIPTION
OF A PORTION OF KING COUN1V METRO
PARK AND RIOE TO CITY OF AU!3UR1\I AIRPoRT
THAT PORTION OF THE SOUTH HAlF 0~ JOSEPH BRANNA.N DONATION LAND ClAIM NO. 38, SITUATED
IN THI: WEST HALF OF-SECTION 7, IOWNSHIP .11 NORTH, ~i\NGE OS EAST, O.F THE WILLAMETT~
MERIDIAN> CITY OF AUBURN, KING COUNTY, WAS;HINGTON, BEING MORE PARTICULARLY DESCRII3ED A? ·
FOLLOWS:
COMMENCING ATA 3 INCH OIAM~TERBRASS DisK IN CONCRETE1 .IN CASE', MARKING THE CENTERLINE
RIGHT-Of-WAY OF 151H sTREET N.E. WITJHHE CENT~flLINE RiGHT-OF-WAY OF 'D' STREETN.E.AS
SHOWN ON RECORD OF SURVEY, RECORDING NUM!3ER 7701179008, RECORDS OF SA.iD COUNTY; .FROM
WHICH, A 3 INCH DIAMETER BRASS DISKIN CONCRETE, IN CASE, MARKING THE CENTERLINE RIGHT-OF-
WAY OF SAJD 15 rH STREET N.E .• WITH [HE CENTERLINE RIGHT-OF-WAY OF 'A' STREET N.E., BEARS NORTH
89''30'04" WE~T, 980.32 FEET; THENCE ALONG THE CENTERLINE Ot= SAID 'D' STREET N.E., NORTH .
00"41'081' EAST, 360.3.8 FEETTO A 'JA./21NCH DIAMETER BRASS SURFACE MONUMENT; THENCE
CONTINUING ALONG SAID CENTERLINE NORTH 00'41'08" EAST, 130.42 FEET TO THE. SOUTH LINE OF
AUBURN MUNIC.IPAL AIRPORT AS SHOWN ON SAID SURVEY; THENCE ALONG SA.ID S.OUTH LINE NORTH
89'04' 44'' WEST, 325.23 FEETTO THE NQRTHEASTCORNE~ OF PARCEL 'C' AS SHOWN ON CITY OF
AUBURN SHORT PLAT 15-77, RECORDING NUMBER 77092?0757 RECORDS OF SAID COUNTY AND THE
TRUE POINT OF BEGINNING; THENCE SOUTH 00'39'48" WEST ALONG THE EAST LINE OF SAID PARCELC,
. 208.72 FEET; THENCE LEAVING SAfDEAST LINE NORTH 89.20'05" WEST, 245.11. FEU;IHENCE NORTH
00"17'57') EAST, 66.81 FEET; THENCE NORTH 89'30'49'' WEST, 119.96 FEET TO THE sOUTHERLY . . .
EXTENSION OFTHE WEST LINE OF SAID AIRPORT PROPERTY; THENCE NORTH Q0'39'4i3" EA)TALONG
THE EXTENSION OF !!AID WE$T liNE, 143.93 F~ETTO. THE CENTER OFA 5/8 INCH HOlE IN A 6!NCH
SQUARE CONCRETE MONUMENt, $AID MONUMENT BEING AC(EPTE',O A,S THE SQUTHWESTCORNER OF
SAID AIRPORT PflOPE,RTY; Tf-JENCE AlONG THE SOUTH liNt OF SAID PROPERTY SOUTH B!'J'04'44" EAST,
366.50 FEETTO THE TRUE POINT OF BEGINNING.
SUBJECT TO i:ASEMENTS, CONDITIONs AND llESTRICTIONS
CONTAINING 68,790SQUAREFEETOR 1.58 ACRES, MORE OR LESS
··,.) •
RES.G Page 424 of 597
EXHIBITC
Public Transportation Easement
Auburn Park-and-Ride
Lot "A" of BLA # _ __:_ __ _
lilustration of Boundary Line Adjustment
09/20/12 RES.G Page 425 of 597
I
.I
~'~~"~.·. S89"30'04 "E 258:89' I
' " '\. \
. \\\
\ . \ \
I
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_)
lib ., ...
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~
[<l
CITY OF AUBURN ·IKlii!G COUNTY METRO B.!L.A.
IPARCELA
RES.G Page 426 of 597
EXHIBITD
Public Transportation Easement
Auburn Park-and-Ride
Lot "A" of BLA # ----
Illustration of Property Area Served by Joint Use Facilities
RES.G Page 427 of 597
, ..
.
~ j.. },-; r
~ ~~-·. .
Property Served
by Joint Use
·F ac·llities . ... ....
:_.
RES.G Page 428 of 597
EXHIBIT B-3.
Illustration of Property Area served by Joint Use Facilities
RES.G Page 429 of 597
" I,-• ~: Jr
!tv -. • .
Property Served
by Joint Use
Facllitie~
RES.G Page 430 of 597
EXHIBIT C.
Form of Bill of Sale and Assignment.
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE is made as of this __ day of , 20_, by KING
COUNTY ("Seller"), in favor of CITY OF AUBURN, a municipal corporation of the State of
Washington ('Buyer"), with reference to the following facts.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant,
bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer all of
Seller's right, title and interest in and to any and all equipment, furniture, furnishings, fixtures
and other tangible personal property owned by Seller (the "Personalty") that is attached,
appurtenant to or used in connection with the real property legally described .on the attached
Exhibit A.
Seller represents and warrants that it is the sole owner of, and has good title to; the
Personalty, and has full right and authority to transfer and deliver the same, and will defend the
sale hereby against each and every person claiming otherwise.
The sale of the Personalty is made on an "AS-IS" condition and basis with all faults. It is ·
understood and agreed that the sale price reflects that the Personalty is sold by Seller to Buyer
subject to the foregoing sentence. ·
Seller expressly and specifically disclaims and negates any guarantee or warranty of the
Personalty for any use or· purpose, whether expressed or implied, and whether in writing or
otherwise, and including but not limited to any warranty of merchantability or habitability.
Upon Buyer's acceptance of the Personalty, Buyer will be deemed to have accepted the
Personalty "AS IS, WHERE IS," with all faults and defects. ·
IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above
. written.
SELLER:.
By: ____________ _
Its: ____________________ _
RES.G Page 431 of 597
EXHIDITD.
Certificate of Non-Foreign Status.
RES.G Page 432 of 597
Certificate of Non-Foreign Status.
Section 1445 of the Internal Revenue Code provides that a transferee of a
United States real property interest must withhold iax if the transferor is a foreign
person. To inform the transferee that withholding of tax is not required upon the
disposition of a United States real property interest by KING COUNTY
("Transferor"), the undersigned hereby certifies the following on behalf of
Transferor:
I. Transferor is not a foreign corporation, foreign partnership, foreign trust,
or foreign estate (as those terms are defined in the Internal Revenue Code
and Income Tax Regulations); and
Transferor's United States employer identification number is 91-6001327;
and
2. Transferor's office address is King County Facilities Management
Division, Real Estate Services Section, Room 800 King County
Administration Building, 500 Fourth Avenue, Seattle, W A 98104
Transferor understands that this certification may he disclosed to the
Internal Revenue Service by the transferee and that any false statement contained
herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification
and to the best of my knowledge and belief it is true, correct and complete, and I
further declare that I have authority to sign this document oh behalf of Transferor.
DATED this ______ day of------------------' 20 __ .
TRANSFEROR:
KING COUNTY
By ______________________ __
Title ________________ _
Print Name:
RES.G Page 433 of 597
Exhibit E.
Illustration of Auburn Park-and-Ride Subdivision
RES.G Page 434 of 597
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4878
Date:
October 5, 2012
Department: Attachments:
Res 4878
Attachment
Budget Impact:
$0
Administrative Recommendation:
City Council to introduce and adopt Resolution No.
Background Summary:
Approval of a Purchase Sale Agreement of City of Auburn ‘Surplus' property to Orion
Industries.
Reviewed by Council Committees:
Councilmember:Backus Staff:Lien
Meeting Date:November 5, 2012 Item Number:RES.H
AUBURN * MORE THAN YOU IMAGINEDRES.H Page 436 of 597
RESOLUTION NO. 4 8 7 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND ORION
INDUSTRIES FOR THE SALE OF REAL PROPERTY
TO ORION INDUSTRIES
WHEREAS, to expand the Auburn Municipal Airport, the City must provide
for increased surface water drainage capacity and insure that the property
surrounding the airport is free from objects that would impede navigation and air
flight of aircraft using the airport; and
WHEREAS, the City of Auburn has agreed to purchase from King County
property adjacent to the Auburn Municipal Airport for the purpose of conveying it
to Orion Industries, for which it would receive an avigation easement; and
WHEREAS, the purchase and sale agreement that the City has negotiated
with Orion Industries would result in Orion Industries granting the City an
avigation easement and a surface water storage and drainage easement to the
City, both of which shall improve the development and expansion potential of the
municipal airport; and
WHEREAS, it is in the public interest1or the City to sell to Orion Industries
the property it is acquiring from King County according to the terms and
conditions negotiate by the parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Agreement for Purchase and Sale of Real Property,
a copy of which is attached hereto; marked as Exhibit A and incorporated herein
Resolution No. 4878
October 30, 2012
Page 1 of 2RES.H Page 437 of 597
by this reference, be approved, and the Mayor is authorized to execute the
agreement in substantially the same form as Exhibit A, and such action in
furtherance thereof is hereby ratified.
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 12012.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST
Danielle E. Daskarn, City Clerk
APP VED S TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4878
October 30, 2012
Page 2 of 2RES.H Page 438 of 597
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AFTER RECORDING RETURN TO:
Orion Industries
33926 Ninth Avenue South
Federal Way, WA 98003-6708
BARGAIN AND SALE DEED
Grantor:City of Auburn, Washington, a municipal corporation
Grantee:Orion Industries, a Washington non-profit corporation
Abbreviated Legal:
Tax Parcel Numbers:
The Grantor, the CITY OF AUBURN, a municipal corporation and noncharter code city,
for and in consideration of ten dollars ($1 0.00) in hand paid and other considerationas set forth
in that certain Real Estate Purchase and Sale Agreement dated _______________ and
authorized by City of Auburn Ordinance No. __________________, does hereby bargain, sell
and conveyunto the Grantee, the CITY OF AUBURN, a municipal corporation of the State of
Washington, thefollowing described real estate situatedin King County, Washington, and the
Grantee herebyaccepts the same:
Legal Description
SUBJECT TO all rights, conditions, covenants, obligations, limitations and reservations of
record for said real estate.
Executed by CITY OF AUBURNthis ________ day of__________________,2012.
GRANTORGRANTEE
CITY OF AUBURNORION INDUSTRIES
BY _____________________BY_____________________
TITLE: __________________TITLE: ___________________
RES.H Page 464 of 597
Date: _____________________
STATE OF WASHINGTON)
) ss
COUNTY OF PIERCE)
On this _______ day of ___________________, 2012, before me personally appeared
PETER B LEWIS, to me known to be the MAYOR of the municipal corporation that executed the
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he was authorized to execute said instrument and that seal affixed is the corporate seal of said
corporation.
________________________________________
Notary Public in and for the State of Washington
My Commission Expires: ___________________
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1
Oct. 22, 2012
1
Sponsor: von Reichbauer
nw
Proposed No.: 2012-0390.2
AMENDMENT TO PROPOSED SUBSTITUTE ORDINANCE 2012-0390, 1
VERSION 2 2
On page 3, delete Attachment A, Real Estate Purchase and Sale Agreement, and insert 3
Attachment A, Real Estate Purchase and Sale Agreement (rev. Oct. 22, 2012). 4
EFFECT: Replaces the original Attachment A with a revised version. 5
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Real Estate Purchase and Sale Agreement (rev. Oct. 22, 2012)
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REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (“Agreement”) is made and
entered into by and between KING COUNTY, a home rule charter county and political
subdivision of the State of Washington (the “Seller”) and THECITYOFAUBURN, a
municipal corporation and noncharter code city with a council-mayor form of government
organized pursuant to RCW Title 35A (the “Buyer”). Buyer and Seller are sometimes referred to
herein individually as a “Party” and collectively as the “Parties.”
RECITALS
A.Seller is the owner of that certain real property located in the City of Auburn,
County of King, State of Washington, commonly identified as a portion of the AUBURN
PARKAND-RIDE, also known as Lot “A” of that certain subdivision recorded under King County
Recording No. ______________, the legal description of which is attached hereto as Exhibit A
(the “Property”) and incorporated herein by this reference.
B.Seller has for decades owned, operated and maintained a public transportation and
mass transit facility at the Auburn Park-and-Ride.
C.Over many years Seller made significant investments in the Property for benefit
of the Auburn Park-and-Ride, and Seller’s historical and continuing use of the Park-and-Ride for
public transportation and mass transit purposes are dependent on those improvements continuing
to operate in a good and reliable condition.
D.Seller desires to sell the Property and Buyer desires to purchase the Property.
E.As a condition of the real estate transaction between Buyer and Seller regarding
the Property, and in partial consideration of the promises, covenants, conditions and restrictions
set forth herein, Seller requires easements over the Property so that Seller may continue to use
and rely upon improvements located there that serve the Auburn Park-and-Ride, and Buyer is
willing to grant the same.
F.As a condition of the real estate transaction between Buyer and Seller regarding
the Property, and in partial consideration of the promises, covenants, conditions and restrictions
set forth herein, Buyer desires to operate, maintain, and repair the improvements made by Seller
upon the Property for benefit of the Auburn Park-and-Ride, as now existing or hereafter
configured, and to do so consistent with all applicable laws, rules, and orders, and in addition
Buyer is willing to allow Seller to perform such duties in the event that Buyer fails to do so.
G.As a condition of the real estate transaction between Buyer and Seller regarding
the Property, and in further consideration of the promises, covenants, conditions and restrictions
set forth herein, Seller requires that Buyer restrict and Buyer is willing to so restrict Buyer’s use
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of the Property to those uses and purposes that are compatible with Seller’s continued use of and
reliance on the improvements previously made by Seller and located thereon for benefit of the
Auburn Park-and-Ride.
AGREEMENT
NOW,THEREFORE, in consideration of the promises and mutual covenants contained
herein, and other valuable consideration, receipt and sufficiency of which are hereby
acknowledged, the Parties hereto covenant and agree as follows:
ARTICLE 1.
PURCHASE AND TRANSFER OF ASSETS
1.1. PROPERTY TO BE SOLD.Subject to and upon the terms and conditions set forth in
this Agreement, by bargain and sale deed substantially in the form of Exhibit B-1 attached
hereto, Seller shall sell, convey, assign, transfer and deliver to Buyer on the Closing Date (as
defined in Section 10.1 of this Agreement) and Buyer shall buy, assume and accept from Seller
on the Closing Date the following assets and properties:
(a) All the Seller’s right, title and interest in the Property, as described in Exhibit A;
except Seller’s reserved easements for (1) continuous and uninterrupted public ingress and
egress for transit purposes, and (2) storm water and surface water drainage system use and
access, all as described in Exhibit B-2, attached hereto and incorporated herein by this
reference;
(b) All of Seller’s right, title and interest in improvements and structures located on
the Property, if any;
(c)All of Seller’s right, title and interest in and to tangible personal property, if any,
owned by the Seller and attached, appurtenant to or used in connection with the Property
(“Personal Property”); and
(d) All of Seller’s tenements, hereditaments, easements and rights appurtenant to the
Property including but not limited to, all of the Seller’s right, title, and interest in and to streets,
alleys or other public ways adjacent to the Property, easements for public utilities, all sewers and
service drainage easements, all rights of connection to the sewers, and all rights of ingress and
egress, and all leases, licenses, government approvals and permits affecting the Property.
1.2 Hereinafter, the items listed in Section 1.1 are collectively referred to as the
“Purchased Assets.”
1.3EFFECTIVE DATE. The Effective Date of this Agreement shall be the date of the
latest approval of this Agreement by the Parties’ respective councils.
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ARTICLE 2.
PURCHASE PRICE AND OTHER CONSIDERATION
2.1. PURCHASE PRICE AND PAYMENT.In consideration of the sale, transfer,
conveyance, assignment and delivery of the Purchased Assets, Buyer shall pay to Seller on the
Closing Date a total purchase price of One million, five hundred sixty-six thousand, five hundred
dollars ($1,566,500.00) (the “Purchase Price”).
2.2.ALLOCATION OF PURCHASE PRICE. Seller and Buyer agree that the entire
Purchase Price is allocable to real property and that the value of the Personal Property, if any, is
de minimis.
2.3 BUYER’S POST-CLOSING OBLIGATIONS.
2.3.1. Security Fencing. In further consideration for the sale, transfer,
conveyance, assignment and delivery of the Property, Buyer covenants to erect, at its sole
expense, a security chain-link fence on the boundary between the Property and Seller’s park and
ride lot within thirty (30) days of the date of closing. Provided, that Buyer’s security fence shall
not interfere with Seller’s right of ingress and egress as set forth in the Public Transportation
Easement and Restrictive Covenant attached hereto as ExhibitB-2.
2.3.2 Lighting. In further consideration for the sale, transfer, conveyance,
assignment and delivery of the Property, Buyer covenants to disconnect from Seller’s electrical
service, according to law and at Buyer’s sole expense, power to all the light poles that are
located north of the south boundary line of the Property (not including those that are located on
the south boundary line) within ninety (90) days of the date of closing. Buyer further covenants
that within the Easement Area as defined in ExhibitB-2 attached hereto, Buyer shall preserve
lighting equal to or better than that which exists on the Easement Area as of the Closing Date,
and Buyer shall additionally grant an easement to Seller for purposes of maintaining the same.
Buyer’s covenant to preserve lighting in the Easement Area and Seller’s lighting easement shall
be included in the Public Transportation Easement and Restrictive Covenant attached hereto as
Exhibit B-2.
2.3.3 Irrigation. In further consideration for the sale, transfer, conveyance,
assignment and delivery of the Property, Buyer covenants to disconnect from the irrigation
system that serves Seller’s Park-and-Ride Lot the portion of the irrigation system that serves that
landscaping located completely within the Property. Buyer shall complete this work within
ninety (90) days of closing Buyer further covenants to maintain an operational irrigation system
to serve the landscaping that is located completely within the Property. Buyer’s covenant to
disconnect Seller’s irrigation system and maintain an operational irrigation system on the
Property shall be included in the Public Transportation Easement and Restrictive Covenant
attached hereto as ExhibitB-2.
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2.3.4Drainage.
(a) In further consideration for the sale, transfer, conveyance, assignment and
delivery of the Property, Buyer shall grant Seller an easement over the Property to use, repair,
maintain, and improve those portions of the existing stormwater or surface water drainage
system located on the Property. The easement shall be included in the Public Transportation
Easement and Restrictive Covenant attached hereto as ExhibitB-2.
(b) In further consideration for the sale, transfer, conveyance, assignment and
delivery of the Property, Buyer, on behalf of itself and its successors and assigns, covenants and
agrees as follows:
(i) Buyer shall hold harmless, indemnify, and defend Seller from any and all cost,
liability, claims, judgments, administrative actions, litigation, or other obligations
arising out of or relating to the discharge of pollutants or Hazardous Substances
(as defined in Section 3.1.9 of this Agreement) in any stormwater, surface water,
runoff, or any other form of discharge or release from the Property into any of the
stormwater facilities that serve the Auburn Park-and-Ride.
(ii) Beginning eighteen (18) months after the Closing Date, and each calendar year
thereafter for so long as Buyer owns the Property, upon Seller’s written demand
Buyer shall pay to Seller a share of Seller’s annualized cost to maintain those
certain stormwater facilities that serve both the Auburn Park-and-Ride and a
portion of the Property (the “Joint Use Facilities”). Buyer’s share of Seller’s
annualized cost shall be determined by multiplying Seller’s annualized cost to
maintain the Joint Use Facilities by a fraction, the numerator of which is the
square footage of the Property area served by the Joint Use Facilities, and the
denominator of which is the square footage of the Auburn Park-and-Ride area
served by the Joint Use Facilities.
(iii) If the Property area served by the Joint Use Facilities, which area is shown in
Exhibit B-3 attached hereto, is ever redeveloped or improved for any purpose
other than a vehicle parking lot, then before commencing construction of such
redevelopment or improvement Buyer or Buyer’s successor, assign, or designee
shall disconnect the Property’s stormwater or surface water system from the Joint
Use Facilities.
(iv) If Seller ever redevelops the Auburn Park-and-Ride, then the City of Auburn shall
limit its drainage review and approval (if any) to those surface water or storm
water impacts arising out of or related to drainage from the Auburn Park-and-
Ride, and without reference to or consideration of any surface water or
stormwater discharge from the Property.
(c) The covenants in paragraph (b) of this Section 2.3.4 shall terminate and thereafter
shall be of no further force or effect beginning upon such date as the King County Recorder’s
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Office may record a deed from Seller to Buyer conveying the real property on which is located
the stormwater retention/detention pond serving the Auburn Park-and-Ride and the Property.
(d) The text of paragraphs (b)(i), -(ii), -(iii), -(iv), and (c) of this Section 2.3.4 shall
be included in the Public Transportation Easement and Restrictive Covenant attached hereto as
Exhibit B-2, which shall be binding on Buyer’s successors and assigns, and shall also run with
the land that makes up the Property.
2.3.5 Covenants Material. Buyer understands, acknowledges, and agrees that
Buyer’s covenants in Sections 2.3.1, 2.3.2, 2.3.3, and 2.3.4 are a material consideration for
Seller’s execution of this Agreement. Buyer further understands, acknowledges, and agrees that
Buyer shall be in material breach of this Agreement if Buyer or Buyer’s designee fails to timely
perform the duties required under those covenants.
2.3.6 Seller Review and Approval of Buyer Work; Remedies for
Nonperformance.
(a) Seller shall have final right of approval of Buyer’s proposed plans to fulfill the
covenants in Sections 2.3.1, 2.3.2, and 2.3.3, and Seller shall also have final right of approval of
Buyer’s actual constructed improvements to fulfill those covenants (together, Buyer’s plans and
constructed improvements to satisfy the covenants in Sections 2.3.1, 2.3.2, and 2.3.3 are referred
to herein as the “Work”). Seller shall have the right to reject Work or to require repair or
replacement of Work not meeting Seller’s approval, but in any case Seller’s approval shall not be
unreasonably withheld.
(b) Buyer shall reimburse Seller for the cost and expense of Seller’s staff time to
review and approve Buyer’s proposed plans for and construction of the Work, based on the
actual hours reasonably expended at the rate charge then in effect for Seller’s staff.
(c) Buyer and Seller agree to cooperate in good faith to complete, review, and inspect
the plans for and construction of the Work.
(d) If Seller reasonably believes that Buyer will not timely undertake or complete the
Work, then Seller shall notify Buyer in writing consistent with Section III.E of this Easement
(“Seller’s Notice”). Seller’s Notice shall specify the basis for Seller’s belief that Buyer is in
breach or is likely to breach its covenants under this Section 2.3.1. Buyer shall respond to
Seller’s Notice within fourteen (14) days. Buyer’s response shall state whether Buyer intends to
perform the Work and the estimated calendar date by which the Work will be undertaken and
completed. If Buyer’s response states that Buyer will not perform the Work, or if Seller
reasonably believes that Buyer will not satisfactorily complete the Work within the time frames
required by Sections 2.3.1, 2.3.2, and 2.3.2, respectively, then Seller may notify Buyer that Seller
intends to perform the Work and invoice Buyer for Seller’s cost to perform the Work. Seller
shall provide such notice at least fourteen (14) days in advance of the date that Seller intends to
begin the Work. Seller shall invoice Buyer for all reasonable fees, costs, and expenses
associated with the Work, including but not limited to the cost of Seller’s staff time to prepare
Seller’s Notice and to develop and implement any procurement, plans, permitting, or project
RES.H Page 508 of 597
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documentation necessary for the Work (collectively, the "Work Costs"). The invoice shall be
accompanied by documents supporting and justifying the Work Costs. Buyer shall pay the Work
Costs to Seller within forty-five (45) days of receipt of Seller’s invoice. Seller shall add a late
fee of five percent (5%) to any Work Costs invoice not timely paid. If any Work Costs invoice
remains outstanding ninety (90) days after receipt, Seller may send it to collections.
2.4 COVENANT AGAINST RESALE FOR PROFIT. Buyer covenants that for a period of
twenty-four (24) consecutive months from and after the Closing Date, Buyer shall not re-sell or
otherwise convey the Property or the Purchased Assets in exchange for a cash amount greater
than the Purchase Price, or any other consideration of greater value than the Purchase Price.
During such 24-month period Buyer shall document the sale price of Property or the Purchased
Assets or the appraised value of consideration received in exchange for the Property or the
Purchased Assets and shall notify Seller of such price or value. If, during such 24-month period,
Buyer sells or otherwise conveys the Property or the Purchased Assets in exchange for a cash
amount greater than the Purchase Price, or any other consideration of greater value than the
Purchase Price, then Buyer shall promptly pay to Seller an amount equal to the cash value of the
difference between the price that Buyer paid to Seller and the price that Buyer received for the
Property or the Purchased Assets.
2.5 SURVIVAL OF RIGHTS,DUTIES, AND OBLIGATIONS. The Parties’ rights, duties,
covenants, and obligations under Sections 2.3 and 2.4 shall survive Closing and the expiration or
earlier termination of this Agreement.
ARTICLE 3.
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
3.1. WARRANTIES AND REPRESENTATIONS OF SELLER.As of the Closing Date,
Seller represents and warrants as follows:
3.1.1. Definition of Seller. The Seller is a home rule charter county and
political subdivision of the State of Washington duly organized, validly existing and in good
standing under the laws of the State of Washington. Seller has all requisite corporate power and
authority to carry on its business as it is now being conducted in the place where such businesses
are now conducted.
3.1.2. Execution, Delivery and Performance of Agreement, Authority. The
execution, delivery and performance of this Agreement by Seller (i) is within the powers of
Seller as a home rule charter county, (ii) has been or will be on or before the Closing Date, duly
authorized by all necessary action of the Seller’s legislative authority, and (iii) does not and will
not violate any provision of any law, rule, regulation, order, writ, judgment, decree or award to
which the Seller is a party or which is presently in effect and applicable to Seller. This
Agreement constitutes the legal, valid and binding obligation of Seller enforceable against Seller
in accordance with the terms hereof.
3.1.3. Litigation. There is no pending, or to the best of Seller’s knowledge,
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threatened lawsuit or material claim against or relating to Seller with respect to the Property,
which shall impede or materiallyaffect Seller’s ability to perform the terms of this Agreement.
There is no pending or, to the best of Seller’s knowledge, contemplated condemnation or similar
proceeding with respect to the Property or any part thereof.
3.1.4 Assessments. There is no pending, or to the best of Seller’s knowledge,
contemplated local improvement district or other special assessment or charge with respect to the
Property, except as may be disclosed in the Title Commitment described below.
3.1.5 Full Disclosure. To the extent of Seller’s knowledge as defined herein,
no representation or warranty by Seller in this Agreement or in any instrument, certificate or
statement furnished to Buyer pursuant hereto, or in connection with the transactions
contemplated hereby, contains or will contain any untrue statement of a material fact or fails to
state a material fact which is necessary to make the statements set forth therein not false or
misleading. As used in this Agreement, the phrase "Seller’s knowledge" or any derivation or
variation thereof shall mean the actual knowledge of the following persons, based on their
reasonable inquiry in the file locations where the relevant information would normally be filed:
(a)Steve Salyer, Manager, Real Estate Services Section, Facilities Management
Division, King County Department of Executive Services;
(b)Kate Donley, Project Program Manager IV, Real Estate Services Section, Facilities
Management Division, King County Department of Executive Services; and
(c)Paul Eng, P.E., Engineer VI, Transit Division, King County Department of
Transportation.
3.1.6 No Broker. No broker, finder, agent or similar intermediary has acted for
or on behalf of Seller in connection with this Agreement or the transactions contemplated
hereby, and no broker, finder, agent or similar intermediary is entitled to any broker’s, finder’s
or similar fee or commission in connection with this Agreement based on an agreement,
arrangement or understanding with Seller or any action taken by Seller.
3.1.7 Contracts. To the extent of Seller’s knowledge as defined in Section
3.1.5, there are no contracts or other obligations outstanding for the sale, exchange, transfer,
lease, rental or use of the Property or any portion thereof.
3.1.8 Future Agreements. From and after the Effective Date, and unless this
Agreement is terminated in accordance with its terms, Seller shall not without the prior written
consent of Buyer:
(a) Enter into any agreement, contract, commitment, lease or other transaction that
affects the Property in any way; or
(b) Sell, dispose of or encumber any portion of the Property.
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3.1.9 Condition of the Property.
(a) Seller has not made, does not make, and specifically negates and disclaims any
representations, warranties, promises, covenants, contracts or guarantees of any kind or character
whatsoever, whether express or implied, oral or written, past, present or future, of, as to,
concerning, or with respect to the value, nature, quality, or condition of the Property, including,
without limitation:
(i) The water, soil and geology;
(ii) The income to be derived from the Property;
(iii) The suitability of the Property for any and all activities and uses that
Buyer or anyone else may conduct thereon;
(iv) The compliance of or by the Property or its operation with any laws, rules,
ordinances or regulations of any applicable governmental authority or body;
(v) The habitability, merchantability, marketability, profitability or fitness for
a particular purpose of the Property;
(vi) The manner or quality of the construction or materials, if any,
incorporated into the Property; or
(vii) Any other matter with respect to the Property.
(b) Seller has not made, does not make, and specifically disclaims any representations
regarding compliance with any environmental protection, pollution, zoning or land use laws,
rules, regulations, orders, or requirements, including the existence in or on the Property of
hazardous materials or substances.
(c) Without limitation, Seller does not make and specifically disclaims any
warranties, express or implied, any warranties or representations with respect to the structural
condition of the Purchased Assets, the area of land being purchased, the existence or non-
existence of any Hazardous Substances or underground storage tanks, or the actual or
threatened release, deposit, seepage, migration or escape of Hazardous Substances, from or into
the Purchased Assets, and the compliance or noncompliance of the Purchased Assets with
applicable federal, state, county and local laws and regulations, including, without limitation,
environmental laws and regulations and seismic/building codes, laws and regulations. For
purposes of this Agreement, the term “Hazardous Substances” shall mean: “hazardous
substance” as defined in the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (“CERCLA”); “hazardous waste” as defined by the Resource
Conservation and Recovery Act of 1976 (“RCRA”) as amended; hazardous wastes, hazardous
materials, hazardous substances, toxic waste, toxic materials, or toxic substances as defined in
state or federal statutes or regulations; asbestos-containing materials, polychlorinated biphenyls;
radioactive materials, chemicals known to cause cancer or reproductive toxicity; petroleum
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products, distillates or fractions; any substance the presence of which is prohibited by statute or
regulation; and any substance for which any statute or regulation requires a permit or special
handling in its use, collection, storage, treatment or disposal.
(d) All provisions of this Section 3.1.9 shall survive Closing and the expiration or
earlier termination of this Agreement.
3.1.10. Risk of Loss. Until the Closing Date, the risk of loss relating to the
Property shall rest with the Seller. Risk of Loss shall be deemed to include any property
damage occurring as a result of an “Act of God,” including, but not limited to, earthquakes,
tremors, wind, rain or other natural occurrence.
3.1.11. Foreign Person. Seller is not a foreign person and is a “United States
Person” as such term is defined in Section 7701 (a) (30) of the Internal Revenue Code of 1986,
as amended, and Seller shall deliver to Buyer prior to the Closing an affidavit, as set forth in
Exhibit D, evidencing such fact, and such other documents as may be required under the Code.
3.2. REPRESENTATIONS AND WARRANTIES OF BUYER.As of the Closing Date, Buyer
represents and warrants as follows:
3.2.1. Organization. Buyer is a municipal corporation and noncharter code
city duly organized, validly existing and in good standing under the laws of the State of
Washington. Buyer has all requisite corporate power and authority to carry on its business as it
is now being conducted in the place where such businesses are now conducted.
3.2.2. Execution, Delivery and Performance of Agreement, Authority. The
execution, delivery and performance of this Agreement by Buyer (i) is within the powers of
Buyer as a municipal corporation, (ii) has been or will be on or before the Closing Date, duly
authorized by all necessary action of the Buyer’s legislative authority, and (iii) does not and will
not violate any provision of any law, rule, regulation, order, writ, judgment, decree or award to
which the Buyer is a party or which is presently in effect and applicable to Buyer. This
Agreement constitutes the legal, valid and binding obligation of Buyer enforceable against Buyer
in accordance with the terms hereof.
3.2.3. Litigation. There is no pending or, to the best of Buyer’s knowledge,
threatened lawsuit or material claim against or relating to Buyer that shall impede or materially
affect Buyer’s ability to perform the terms of this Agreement.
3.2.4. Full Disclosure. No representation or warranty by Buyer in this
Agreement or in any instrument, document, certificate or statement furnished to Seller pursuant
hereto, or in connection with the transactions contemplated hereby, contains or will contain any
untrue statement of a material fact.
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3.2.5. Condition of Property.
(a) Buyer acknowledges and accepts Seller’s disclaimer of the Property condition in
Section 3.1.9 of this Agreement.
(b) Buyer further acknowledges and agrees that, having been given the opportunity to
inspect the Property, Buyer is relying solely on its own investigation of the Property and not on
any information provided or to be provided by Seller. Buyer further acknowledges and agrees
that any information provided or to be provided with respect to the Property was obtained from
a variety of sources and that Seller has not made any independent investigation or verification
of such information and makes no representations as to the accuracy or completeness of such
information and no employee or agent of Seller is authorized otherwise. Buyer further
acknowledges and agrees that Seller is not liable or bound in any manner by any verbal or
written statements, representations, or information pertaining to the Property, or the operation
thereof, furnished by any real estate broker, agent, employee, servant or other person, and, to
the maximum extent permitted by law, the sale of the Property as provided for herein is made
on an "AS-IS" condition and basis with all faults. It is understood and agreed that the sale price
reflects that the Property is sold by Seller to Buyer subject to the foregoing.
(c) Buyer acknowledges that, within the Due Diligence Period as defined in Section
4.1.2 of this Agreement, Buyer will have conducted a physical inspection and made all
investigations that Buyer deems necessary in connection with its purchase of the Purchased
Assets, and that, as of the Effective Date hereof, Seller has provided Buyer with copies of all
reports in Seller’s possession that have been requested by Buyer. Upon waiver or satisfaction by
Buyer of its contingencies pursuant to Article 5, Buyer will be deemed to have approved the
physical condition of the Property and agrees to accept and purchase the same “AS IS, WHERE
IS”, including, without limitation, the existence or non-existence of any pollutants, contaminants,
hazardous waste, dangerous waste, toxic waste, underground storage tanks or contaminated soil,
or the actual or threatened release, deposit seepage, migration or escape of such substances at,
from or into the Property and the compliance or noncompliance of the Property with applicable
federal, state, county and local laws and regulations including, without limitation, environmental
laws and regulations. Buyer acknowledges and agrees that, except to the extent of Seller’s
representations and warranties in Section 3.1 of this Agreement, and to the extent of any fraud or
deliberate misrepresentation by Seller, Seller shall have no liability for, and that Buyer shall
have no recourse against the Seller for, any defect or deficiency of any kind whatsoever in the
Property including without limitation those relating to Hazardous Substances, without regard to
whether such defect or deficiency was discovered or discoverable by the Buyer or Seller.
3.2.6.No Broker.No broker, finder, agent or similar intermediary has acted for
or on behalf of Buyer in connection with this Agreement or the transactions contemplated
hereby, and no broker, finder, agent, or similar intermediary is entitled to any broker’s, finder’s
or similar fee or commission in connection with this Agreement based on an agreement,
arrangement, or understanding with the Buyer or any action taken by the Buyer.
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3.2.7. Indemnification.From and after Closing, and for a period of ten (10)
years from the Closing Date, Buyer shall indemnify, defend and hold Seller, its officers, agents
and employees harmless from and against any and all claims and agency orders or requirements
relating to or arising out of, directly or indirectly, the Property. This Section 3.2.7 shall survive
Closing and the expiration or earlier termination of this Agreement.
ARTICLE 4.
TITLE MATTERS
4.1. TITLE.
4.1.1. Title Commitment. Buyer or its designee shall obtain a current ALTA
form of commitment for an owner’s policy of title insurance (the “Title Commitment”) issued by
First American Title Insurance Company, Inc. (the “Title Company”), describing the Property,
listing Buyer as the prospective named insured and showing as the policy amount the total
Purchase Price for the Property. At such time as the Title Company causes the Title
Commitment to be furnished to Buyer, Buyer may in Buyer’s sole discretion determine whether
to cause the Title Company to furnish to Buyer legible copies of all instruments referred to in the
Title Commitment as restrictions or exceptions to title to the Property.
4.1.2. Survey. Prior to the expiration of the Due Diligence Period as defined
in this Section 4.1.2 of this Agreement, Buyer shall have the option, at its sole cost and expense,
to conduct a survey (the “Survey”) of the Property prepared by a licensed public surveyor. The
Survey shall be certified to Buyer, Seller, and the Title Company, shall be satisfactory to the
Title Company so as to permit it to issue an owner’s title policy, identify the Property by legal
description and shall set forth the number of square feet contained within the Property, show all
natural monuments, existing fences, drainage ditches and/or courses, flood plain limits, any
building or other site improvements and/or objects, any rights-of-way for streets, existing
driveways, alleys or highways, easements and other restriction lines existing and/or proposed
which shall affect any portion of the Property, and such other items as may be required by Buyer.
For purposes of this Agreement, “Due Diligence Period” means the ninety (90) day period
beginning on the day after the Effective Date of this Agreement.
4.1.3 Review of Title Commitment and Survey.
(a) Buyer shall have until the expiration of the Due Diligence Period in which to
notify Seller of any objections Buyer has to any matters shown or referred to in the Title
Commitment or Survey and of any title insurance endorsements required by Buyer. Any
exceptions or other items that are set forth in the Title Commitment or the Survey and to which
Buyer does not object shall be deemed to be permitted exceptions (“Permitted Exceptions”).
Rights reserved in federal patents or state deeds, building or use restrictions general to the
district, and building or zoning regulations or provisions shall also be deemed Permitted
Exceptions.
(b) With regard to items to which Buyer does object, Seller shall notify Buyer within
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ten (10) days after Seller receives Buyer’s notice of objections of any exceptions to title or items
on the Survey which Seller is not able to remove or otherwise resolve and any endorsements that
Seller is not able to provide following Buyer’s request, and Buyer may, at Buyer’s option, either
waive the objections not cured or Buyer may terminate this Agreement by notice to Seller.
4.2. OWNER’S TITLE INSURANCE POLICY.At Closing, Buyer shall cause an owner’s
policy of title insurance to be issued by the Title Company in the full amount of the total
Purchase Price, effective as of the Closing Date, insuring Buyer that the fee simple title to the
Property is vested in Buyer, subject only to the Permitted Exceptions, to the usual printed
exceptions contained in such title insurance policy, to the additional matters approved by Buyer
as provided in Section 4.1.3, and to any other matters approved in writing by Buyer. The
obligation of Buyer to provide the title policy called for herein shall be satisfied if, at the
Closing, the Title Company has given a binding commitment, in a form reasonably satisfactory
to Buyer, to issue the policies in the form required by this Section 4.2. Buyer shall pay any sum
owing to the Title Company for the preparation of the preliminary and binding commitments
generated by the Title Company.
4.3. CONVEYANCE. At Closing, Seller shall convey to Buyer the title to the Property
by bargain and sale deed in the form attached hereto as Exhibit B-1, subject only to the
Permitted Exceptions, the further matters identified in Section 4.2, the easements and restrictive
covenants set forth in Exhibit B-2, and such other encumbrances as may be created by Buyer or
caused to be created by Buyer from and after the Effective Date.
ARTICLE 5.
CONTINGENCIES
5.1. DUE DILIGENCE INSPECTION AND FEASIBILITY. Buyer shall satisfy itself by
investigation and inspection, at its sole cost and expense and in its sole and absolute discretion,
that the condition of the Property for Buyer’s contemplated use meets with Buyer’s approval. If
Buyer approves of the condition of the Property, Buyer agrees to notify Seller, in writing,
thereby removing this contingency. Buyer shall make such determination within the Due
Diligence Period defined in Section 4.1.2. In the event Buyer does not waive this contingency or
notify Seller that the contingency is satisfied within the Due Diligence Period, then Buyer may
terminate this Agreement upon written notice to Seller on or before the expiration of the Due
Diligence Period, and neither Party shall have any further rights or obligations to the other
hereunder. If Buyer fails to provide Seller with any written notice regarding this Section 5.1
during the Due Diligence Period, then Buyer shall be deemed to have waived this contingency
for all purposes and this contingency shall be deemed removed.
5.1.1. Inspections. During the Due Diligence Period, Buyer, its designated
representatives or agents shall have the right at Buyer’s expense to:
(a) Perform any and all tests, inspections, studies, surveys or appraisals of the
Property deemed necessary, on any subject, by the Purchaser (subject to the limitations set forth
below and Paragraph 5.1.2 Right of Entry);
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(b) Obtain a Phase I or Phase II Environmental Assessment on the Property and
perform any and all tests, inspections and studies deemed necessary therewith;
(c) Examine all Due Diligence materials that Buyer may reasonably request from
Sellerthat are not subject to attorney-client privilege or that the Seller is not otherwise
prohibited from disclosing by law;
(d)Determine to its satisfaction whether approvals, permits and variances can be
obtained under applicable land use and zoning codes for Buyer’s proposed use of the Property;
and
(e)Determine whether Buyer’s proposed development of the Property is
economically feasible.
5.1.2. Conditional Right of Entry. Buyer and Buyer’s designated
representatives or agents shall have and Seller hereby grants to Buyer and Buyer’s designated
representatives a conditional license to enter the Property and to conduct the tests, investigations
and studies set forth in this Article 5 upon three (3) days advance written notice; provided that
such right of entry will be limited to those times and dates that will not substantially disrupt
Seller’s use of, or Seller’s operations and activities on, the Property. Invasive tests of the
Property, such as drilling or excavation, shall be subject to Seller’s prior written approval.
Buyer and Buyer’s designated representatives may not undertake activities that would damage
the Purchased Assets or any other King County-owned property or personalty. In connection
with such inspections, Buyer agrees to hold harmless, indemnify and defend Seller, its officers,
agents, or employees, from and against all claims, losses, or liability for injuries, sickness, or
death of persons, including employees of Buyer, to the extent caused by or arising out of any act,
error or omission of Buyer, its officers, agents, contractors, subcontractors or employees in
entering the Property for the above purposes, except to the extent caused by or arising out of any
act, error or omission of Seller, its officers, agents, or employees. Buyer shall repair any damage
caused by invasive testing and shall restore the Property to its pre-existing condition.
5.2 THIRD PARTY SALE CONTINGENCY.
5.2.1 Simultaneous Closing on Third-Party Sale. Buyer has represented to
Seller that Buyer intends to conduct a separate closing simultaneous with the Closing on the
Property, and in that separate closing to sell the Property to a third party for cash, and to use the
proceeds of that sale to pay the Purchase Price to Seller. Therefore, Seller’s and Buyer’s
respective duty to close on the Property is contingent:
(a) On Buyer’s successful simultaneous closing with a third party for the
purchase and sale of the Property; and
(b) On Buyer’s receipt of cash or cash equivalents sufficient to allow Buyer to
pay the Purchase Price to Seller in cash at Closing.
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5.2.2No Duty to Close if Third Party Sale Fails. If either contingency
5.2.1(a) or (b) or both should fail then Seller and Buyer shall have no duty to proceed with
Closing and this Agreement shall automatically terminate as of the Closing Date, all closing
documents and funds shall be returned to the Party that provided them to escrow, each Party
shall bear its own costs and expenses up to and including the Closing Date, and neither Party
shall have any further right, duty, or obligation to the other under this Agreement.
5.3 SUBDIVISION CONTINGENCY.
5.3.1. Need for Division of Property. Buyer has represented to Seller that prior
to Closing, and at Buyer’s sole cost and expense, Buyer shall have received administrative
approval of boundary line adjustments to divide the Auburn Park-and-Ride into two separate
legal parcels and shall have obtained all necessary signatures on the mylar that will be recorded.
Buyer has represented to Seller that the creation of two separate legal parcels is necessary to
support Buyer’s intended use of the Property and the third-party sale contemplated in Section
5.2. Therefore, Seller’s and Buyer’s respective duty to Close is contingent on Buyer receiving
lawful approval of the boundary line adjustments of the Auburn Park-and-Ride into two separate
legal parcels as illustrated in Exhibit E attached hereto.
5.3.2No Duty to Close if Property Not Divided. Buyer shall complete the
process to lawfully divide the Auburn Park-and-Ride into two separate parcels, receive
administrative approval of the division, and perform all other tasks necessary for the division to
be recorded with the King County Recorder’s Office on the Closing Date, including all possible
appeals or challenges to the proposed division of the Auburn Park-and-Ride. If Buyer is unable
to complete the process to lawfully divide the Auburn Park-and-Ride by recording all necessary
documents with the King County Recorder’s Office on the Closing Date, then Seller and Buyer
shall have no duty to proceed with Closing, and this Agreement shall automatically terminate as
of the Closing Date, each Party shall bear its own costs and expenses up to and including the
Closing Date, and neither Party shall have any further right, duty, or obligation to the other under
this Agreement.
5.4 FTAAPPROVAL CONTINGENCY.
5.4.1. Need for FTA Approval. Seller has represented to Buyer that the Federal
Transit Administration (FTA) must approve Seller’s proposed sale of the Property to Buyer.
Seller has represented to Buyer that such FTA review and approval is necessary to proceed with
the transaction contemplated in this Agreement. Therefore, Buyer’s duty to Close is contingent
on FTA review and written approval of the proposed transaction.
5.4.2 No Duty to Close Absent FTA Approval. Prior to Closing, and at
Seller’s sole cost and expense, Seller shall take such steps as may be necessary to secure FTA
review and approval of the proposed transaction regarding the Property and provide Buyer
written documentation of such approval reasonably acceptable to Buyer. Seller shall secure FTA
approval not later than thirty (30) days prior to the Closing Date, including all possible appeals
or challenges to FTA review and approval. Provided, that Seller and Buyer may agree in writing
to extend the Closing Date for such reasonable period or periods of time as may be required to
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complete FTA review and approval. If the FTA ultimately does not approve the proposed
transaction regarding the Property, then Seller shall have no duty to proceed with Closing, this
Agreement shall terminate upon written notice from Seller to Buyer, each Party shall bear its
own costs and expenses up to and including the date of Seller’s notice to Buyer, and neither
Party shall have any further right, duty, or obligation to the other under this Agreement.
ARTICLE 6.
COVENANTS OF SELLER PENDING CLOSING
6.1 CONDUCT,NOTICE OF CHANGE. Seller covenants that between the Effective
Date and the Closing, Seller shall take all such actions as may be necessary to assure that
Seller’s representations and warranties set forth in Article 3 hereof will be true and complete as
of the Closing Date (except such representations, warranties and matters which relate solely to
an earlier date), and all covenants of Seller set forth in this Agreement which are required to be
performed by it at or prior to the Closing shall have been performed at or prior to the Closing as
provided for in this Agreement. Seller shall give Buyer prompt written notice of any material
change in any of the information contained in the representations and warranties made by Seller
in Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date.
ARTICLE 7.
COVENANTS OF BUYER PENDING CLOSING
7.1 CONDUCT,NOTICE OF CHANGE. Buyer covenants that between the Effective
Date and the Closing, Buyer shall take all such actions as may be necessary to assure that
Buyer’s representations and warranties set forth in Article 3 hereof will be true and complete as
of the Closing Date (except such representations, warranties and matters which relate solely to
an earlier date), and that all covenants of Buyer set forth in this Agreement which are required to
be performed by it at or prior to the Closing shall have been performed at or prior to the Closing
as provided in this Agreement. Buyer shall give Seller prompt written notice of any material
change in any of the information contained in Buyer’s representations and warranties made in
Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date.
ARTICLE 8.
CONDITIONS PRECEDENT TO BUYER’S OBLIGATIONS
All obligations of Buyer hereunder are subject to Seller’s fulfillment of each of the
following conditions at or prior to the Closing, and Seller shall exert its best efforts to cause each
such condition to be fulfilled:
8.1.DELIVERY OF DOCUMENTS.Seller shall have delivered to Buyer at or prior to
closing all documents required by the terms of this Agreement to be delivered to Buyer.
8.2. REPRESENTATIONS,WARRANTIES AND COVENANTS.All representations,
warranties and covenants of Seller contained herein or in any document delivered pursuant
hereto shall be true and correct in all material respects when made and as of the Closing Date.
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8.3. OBLIGATIONS.All obligations required by the terms of this Agreement to be
performed by Seller at or before the Closing shall have been properly performed in all material
respects.
8.4. TITLE.Any and all matters shown or referred to in the Title Commitment to
which Buyer has objected within the time specified in Section 4.1, shall have been cured by
Seller, unless Seller has notified Buyer that Seller will not cure, and Buyer has waived its
objections.
8.5APPROVAL OF COUNSEL.Seller’s legal counsel shall have approved this
document as to form as evidenced by such counsel’s signature on this Agreement.
8.6. CONDEMNATION.No portion of the Purchased Assets shall have been taken or
damaged by any public or quasi-public body, and Seller shall not have transferred any portion of
the Purchased Assets to any such body in lieu of condemnation except with Buyer’s written
assent.
8.7.APPROVAL BY THE KING COUNTY COUNCIL.The Metropolitan King County
Council shall have taken all legislative action necessary to authorize seller to enter into the
transaction contemplated in this agreement.
ARTICLE 9.
CONDITIONS PRECEDENT TO SELLER’S OBLIGATIONS
All obligations of Seller to close on the Closing Date are subject to Buyer’s fulfillment of
each of the following conditions at or prior to the Closing, and Buyer shall exert its best efforts
to cause each such condition to be so fulfilled:
9.1.REPRESENTATIONS,WARRANTIES AND COVENANTS. Allrepresentations,
warranties and covenants of Buyer contained herein or in any document delivered pursuant
hereto shall be true and correct in all material respects when made and as of the Closing Date.
9.2. OBLIGATIONS.All obligations required by the terms of this Agreement to be
performed by Buyer at or before the Closing shall have been properly performed in all material
respects.
9.3. APPROVAL OF COUNSEL.Buyer’s legal counsel shall have approved this
document as to form as evidenced by such counsel’s signature on this Agreement.
9.4. DELIVERY OF DOCUMENTS.Buyer shall have delivered to Seller at or prior to
Closing all documents required by the terms of this Agreement to be delivered to Seller.
9.5. TITLE.Buyershall have caused the Title Company to be committed to issue an
owner’s policy of title insurance for the full amount of the Purchase Price, effective as of the
Closing Date, containing no exceptions other than the Permitted Exceptions and such other
matters as Buyer may authorize in writing.
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9.6. APPROVAL BY THE AUBURN CITY COUNCIL. The Auburn City Council shall
have taken all legislative action necessary to authorize Buyer to enter into the transaction
contemplated in this Agreement.
ARTICLE 10.
CLOSING
10.1. CLOSING/CLOSING DATE.“Closing” means the consummation of the transaction
contemplated in this Agreement. The Closing shall take place thirty (30) days after expiration or
waiver of the Due Diligence Period, as defined in Section 4.1.2, or such other date as may be
mutually agreed upon by the Parties, but not later than January 31, 2013, unless extended
pursuant to a separate written agreement executed by Buyer and Seller. Upon execution of this
Agreement, the Parties agree to set up an escrow account with First American Title Insurance
Company (the “Escrow Agent”). The Escrow Agent shall serve as closing agent for the
transaction contemplated herein and the Closing shall occur in the offices of Escrow Agent in
Seattle, Washington. Subject to the Permitted Exceptions and the easements and restrictive
covenants set forth in Exhibit B-2 attached hereto, all title, right of possession and interest to the
Purchased Assets shall pass to Buyer upon Closing and thereafter the risk of loss thereof shall be
the responsibility of Buyer.
10.2. PRORATIONS.All prorations, unless otherwise specifically provided for herein,
shall be made as of the Closing Date.
10.2.1. Closing Costs. Seller shall pay the cost of one-half (½) of the escrow
fee charged by the Escrow Agent for the sale of the Purchased Assets to Buyer, one-half (½) of
any real estate excise or other transfer tax due on the sale of the Purchased Assets to Buyer, and
all of its own attorneys’ fees. Buyer shall pay one-half (½) of the escrow fee charged by the
Escrow Agent for the sale of the Purchased Assets to Buyer, one-half (½) of any real estate
excise or other transfer tax due for the sale of the Purchased Assets to Buyer, the full cost of the
preliminary and binding title commitments from the Title Company, the full cost of all recording
fees, and all of its own attorneys’ fees. Except as otherwise provided in this Section 10.2, all
other expenses hereunder shall be paid by the Party incurring such expenses.
10.3. SELLER’S DELIVERY OF DOCUMENTS AT CLOSING.At the Closing, Seller will
deliver to Buyer the following properly executed documents:
(a) A Bargain and Sale Deed conveying the Property and substantially in the
form of Exhibit B-1 attached hereto;
(b) A Bill of Sale and Assignment duly executed by the Seller and
substantially in the form of Exhibit C, attached hereto for the Personal Property, if any; and
(c) Seller’s Certificate of Non-Foreign status substantially in the form of
Exhibit D, attached hereto.
10.4. BUYER’S DELIVERY OF DOCUMENTS AND PURCHASE PRICE AT CLOSING. At the
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Closing, Buyer will deliver to Seller the following properly executed documents:
(a)Cash or immediately available funds in the full amount of the Purchase
Price; and
(b)A Public Transportation Easement and Restrictive Covenant substantially
in the form of Exhibit B-2 attached hereto.
ARTICLE 11.
TERMINATION
11.1. TERMINATION BY EITHER PARTY.In addition to Buyer’s right of termination
during the Due Diligence Period, and in addition to termination for failure of any of the
contingencies set forth in Sections 5.2, 5.3, and 5.4 of this Agreement, either Party may also
terminate this Agreement effective upon written notice to the other Party if a condition to its
obligation to consummate the transactions contemplated by this Agreement as set forth in
Articles 8 and 9 has not been satisfied by the Closing Date. In that event, if neither Party is in
default under this Agreement, the Parties shall have no further obligations or liabilities to one
another, all documents and funds delivered into escrow shall be returned to the appropriate Party,
and each Party shall bear its own costs and expenses up to and including the date of termination.
ARTICLE 12.
MISCELLANEOUS PROVISIONS
12.1. NATURE AND SURVIVAL OF REPRESENTATIONS AND WARRANTIES.Subject to
amendment pursuant to Section 12.5 of this Agreement, each statement, representation,
warranty, indemnity, covenant, and agreement made by Seller and Buyer in this Agreement or in
any document, certificate or other instrument delivered by or on behalf of Seller or Buyer
pursuant to this Agreement or in connection herewith shall be deemed a representation,
warranty, indemnity, covenant and agreement between Seller and Buyer and shall survive the
Closing Date unless a different time period is expressly provided for in this Agreement and all
such statements are made only to and for the benefit of the Parties hereto, and their successors
and assigns, and shall not create any rights in other persons or entities.
12.2. DEFAULT.In the event of default by either Party to this Agreement, the
non-defaulting Party shall have the right to bring an action for specific performance or, in the
alternative, actual damages, provided that any such cause of action shall be brought within
twelve (12) months of the Effective Date, or be forever waived. The Parties shall have no right,
claim, or cause of action for consequential damages or any other form or type of damages arising
out of or relating to default under this Agreement, and each Party expressly and specifically
waives any claim or cause of action for the same, whether at law or in equity.
12.3. TIME IS OF THE ESSENCE.Time is of the essence in the performance of this
Agreement.
12.4. NOTICES.Any and all notices or other communications required or permitted to
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be given under any of the provisions of this Agreement shall be in writing and shall be deemed
to have been duly given upon receipt when personally delivered or sent by overnight courier; or
three (3) days after deposit in the United States mail if by first class, certified or registered mail,
return receipt requested. Notice may also be provided by email or other means of electronic
transmittal, provided that receipt of the email or transmittal content can be confirmed by the
sender, with time of receipt being the uniform time the e-mail or other transmittal enters the
information processing system that the recipient has designated or uses for the purpose of
receiving email or other form of transmittal. All notices shall be addressed to the Parties at the
addresses set forth below or at such other addresses as any Parties may specify by notice to all
other Parties and given as provided herein:
If to Buyer: Office of the Mayor
City of Auburn
25 West Main Street
Auburn, WA 98001
With a copy to: Auburn City Attorney’s Office
City of Auburn
25 West Main Street
Auburn, WA 98001
If to Seller: Manager’s Office
Transit Division
King County Department of Transportation
201 S King Street
Seattle WA 98104
With a copy to: Manager
Real Estate Services Section
500 4th Avenue, Room 830
Seattle, WA 98104
With a copy to: Chief Civil Deputy
King County Prosecuting Attorney’s Office
516 3rd Avenue, Room W400
Seattle, WA 98104
12.5. ENTIRE AGREEMENT AND AMENDMENT.This writing (including the Exhibits
attached hereto) constitutes the entire agreement of the Parties with respect to the subject matter
hereof and supersedes any prior agreement or understanding, whether written or oral. This
Agreement may not be modified or amended except by a written agreement specifically referring
to this Agreement and signed by all Parties hereto.
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12.6 SEVERABILITY. In the event any portion of this Agreement shall be found to be
invalid by any court of competent jurisdiction, then such holding shall not impact or affect the
remaining provisions of this Agreement unless that court of competent jurisdiction rules that the
principal purpose and intent of this contract should and/or must be defeated, invalidated or
voided.
12.7 WAIVER. No waiver of any breach or default hereunder shall be considered valid
unless in writing and signed by the party giving such waiver, and no such waiver shall be
deemed a waiver of any prior or subsequent breach or default.
12.8 BINDING EFFECT.Subject to Sections 12.12 and 12.14 below, this Agreement
shall be binding upon and inure to the benefit of each Party hereto, its successors and assigns.
12.9 LEGAL RELATIONSHIP. The Parties to this Agreement execute and implement this
Agreement solely as Seller and Buyer. No partnership, joint venture or joint undertaking shall
be established by or construed from this Agreement. This Agreement creates no right, privilege,
duty, obligation, or cause of action in any person or entity not a party to it.
12.10 CAPTIONS.The captions of any articles, paragraphs or sections contained herein
are for purposes of convenience only and are not intended to define or limit the contents of said
articles, paragraphs or sections.
12.11 COOPERATION.Prior to and after Closing each Party shall cooperate, shall take
such further action and shall execute and deliver further documents as may be reasonably
requested by the other Party in order to carry out the provisions and purposes of this Agreement.
12.12 GOVERNING LAW;VENUE.This Agreement and all amendments thereof shall be
governed by and construed in accordance with the laws of the State of Washington applicable to
contracts made and to be performed therein, without giving effect to its conflicts of law
provisions. The Superior Court of King County, Washington shall be the sole venue for any
litigation between the Parties that arises under or relates to this Agreement or the transaction
contemplated herein.
12.13 NON-MERGER.The terms and provisions of this Agreement will not merge in, but
will survive, the closing of the transaction contemplated under this Agreement.
12.14 ASSIGNMENT.Buyer shall not assign this Agreement or any rights hereunder
without Seller’s prior written consent, which may be withheld or conditioned at Seller’s sole and
absolute discretion.
12.15 NEGOTIATION AND CONSTRUCTION.This Agreement and each of its terms and
provisions are deemed to have been explicitly negotiated between the Parties, and the language
in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not
strictly for or against either Party. Both Parties acknowledge and represent, as an express term
of this Agreement, that they have had the opportunity to obtain and utilize legal review of the
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terms and conditions outlined in this Agreement, although each Party must determine if they
wish to obtain and pay for such legal review. Each Party shall be and is separately responsible
for payment of any legal services rendered on their behalf regarding legal review of this
Agreement.
TERMS AND CONDITIONS CONTINUE ON FOLLOWING PAGE
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12.16 EXHIBITS. The following Exhibits described herein and attached hereto are fully
incorporated into this Agreement by this reference:
Exhibit A Legal Description of Property
Exhibit B-1 Bargain and Sale Deed
Exhibit B-2 Public Transportation Easement and
Restrictive Covenant
Exhibit B-3 Illustration of Property Area served by Joint Use Facilites
Exhibit C Bill of Sale and Assignment
Exhibit DCertificate of Non-Foreign Status
Exhibit E Illustration of Property Subdivision
EXECUTED by the Parties as of the dates set forth below.
SELLER:
Name:
Steve Salyer
Title: Manager, Real Estate Services Section
Date:
APPROVED AS TO FORM:
By _________________
DEPUTY PROSECUTING ATTORNEY
BUYER:
Name:
Peter Lewis
Title: Mayor, City of Auburn
Date:
APPROVED AS TO FORM:
BY:__________________________________
DEPUTY CITY ATTORNEY
NOTARYBLOCKSAPPEARONFOLLOWINGPAGE
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STATE OF WASHINGTON
COUNTY OF KING } ss.
On this day personally appeared before me ___________________, to me known to be
the____________________ of KING COUNTY, the home rule charter county and political
subdivision of the State of Washington that executed the foregoing instrument, and
acknowledged such instrument to be the free and voluntary act and deed of such county, for the
uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute
such instrument.
GIVENUNDER MY HAND AND OFFICIAL SEAL this ________ day of
_______________________________, 2012.
Printed Name ___________________________________
NOTARYPUBLIC in and for the State of Washington,
residing at ______________________________________
My Commission Expires ___________________________
STATE OF WASHINGTON
COUNTY OF KING } ss.
On this day personally appeared before me ___________________, to me known to be
the _______________________________ of the CITY OF AUBURN that executed the foregoing
instrument, and acknowledged such instrument to be [his/her] free and voluntary act and deed of
said city for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly
authorized to execute such instrument.
GIVENUNDER MY HAND AND OFFICIAL SEAL this ________ day of
_______________________________, 2012.
Printed Name ___________________________________
NOTARYPUBLIC in and for the State of Washington,
residing at ______________________________________
My Commission Expires ___________________________
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Page 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Document Title: Public Transportation Easement
and Restrictive Covenant
Grantor(s): City of Auburn
Grantee: King County
Abbreviated Legal Description: Lots A and B of BLA
#________________
Additional Legal Description is on Page: Exhibits “A” and “B”
Assessor’s Tax Parcel Number(s):
THIS PUBLIC TRANSPORTATION EASEMENT AND RESTRICTIVE COVENANT is
granted by THE CITY OF AUBURN, a municipal corporation and noncharter code city
with a council-mayor form of government organized pursuant to RCW Title 35A
(“Grantor”) to KING COUNTY, a home rule charter county and political subdivision of
the State of Washington (“Grantee”). Grantor and Grantee are sometimes referred to
herein individually as a “Party” and collectively as the “Parties.”
PUBLIC TRANSPORTATION EASEMENT AND RESTRICTIVE COVENANT
WHEREAS, Grantee is a home rule charter county and a political subdivision of
the State of Washington; and
WHEREAS, Grantee for decades has owned, operated and maintained a public
transportation and mass transit facility known as the Auburn Park-and-Ride Lot, with a
street address of 101 15th St NE, Auburn, Washington (the “P&R Lot”); and
WHEREAS, in connection with the P&R Lot, and in furtherance of Grantee’s mass
transit system, safety and efficiency considerations require that Grantee’s buses and other
vehicles must enter and exit the P&R Lot from “A” Street NE, and be provided sufficient
physical space and turning radius within the P&R Lot to safely maneuver around and
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between vehicles parked there in order to enter and exit the P&R Lot from “A” Street NE,
and
WHEREAS, the P&R Lot operates twenty-four hours a day, seven days a week,
and as such requires sufficient and adequate lighting for public safety as well as safe
operation of Grantee’s buses and other vehicles; and
WHEREAS, in 2012, for Grantor’s own purposes and uses, and with Grantee’s
permission, Grantor subdivided the P&R Lot into two (2) parcels pursuant to that certain
boundary line adjustment illustrated in Exhibit C attached hereto; and
WHEREAS, Grantee retains title to what is now tax parcel ___________, which is
the reconfigured P&R Lot (“Lot B”), and Grantor has acquired tax parcel no. _________
(“Lot A”) for its own separate purposes and uses; and
WHEREAS, Grantor acknowledges that over many years Grantee made significant
investments in improvements to Lots A and B for benefit of the P&R Lot, and that
Grantee’s historical and continuing use of Lot B and a portion of Lot A for public
transportation and mass transit purposes are dependent on those mprovements continuing
to function in a good and reliable condition; and
WHEREAS, as a condition of the larger real estate transaction between Grantor and
Grantee, and in further consideration of the promises, covenants, conditions and
restrictions set forth herein, Grantee requires an easement over a portion of Lot A so that
the Grantee’s buses and other vehicles may continue to access, enter, and exit Lot A from
“A” Street NE and to safely maneuver upon Lot A, and so that Grantee may continue to
use, maintain, repair, replace and upgrade lighting on a portion of Lot A in connection with
Grantee’s public transportation and mass transit access there, and Grantor is willing to
grant the same; and
WHEREAS, as a condition of the larger real estate transaction between Grantor and
Grantee, and in further consideration of the promises, covenants, conditions and
restrictions set forth herein, Grantee requires that Grantor restrict and Grantor is willing to
so restrict Grantor’s use of a portion of Lot A to those uses and purposes that are
compatible with Grantee’s continued use of and reliance on bus and other vehicular access
to and from “A” Street NE and over, across, and through Lot A for its public transportation
and mass transit activities on and in connection with the P&R Lot; and
WHEREAS stormwater and surface water from a portion of the P & R Lot is
collected in the existing storm drains on Lots A and B and is discharged from those drains
into the existing retention/detention pond on Lot B, which pond discharges into Grantee’s
existing conveyance line that runs northerly over Grantor’s separate property identified as
tax parcel No. 000080-0011, which conveyance line is authorized under that certain
easement recorded at King County Recording No. 7608310816, all as shown in that certain
plan set numbered 111189 and dated February 10, 1978, as modified by pages C301
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through C304 of that certain Contract No. C75134C, dated July 1997 (File Nos. E80, E81,
E82), copies of which documents are on file with Grantor and Grantee; and
WHEREAS, as a condition of the larger real estate transaction between Grantor and
Grantee, and in further consideration of the promises, covenants, conditions and
restrictions set forth herein, Grantee requires an additional easement over a portion of Lot
A so that Grantee may continue to use the existing drainage system improvements to drain
stormwater and surface water from the P & R Lot as now or hereafter configured, and
Grantor is willing to grant the same;
NOW, THEREFORE, as partial consideration for the overall real property
transaction of which this Easement and Restrictive Covenant is an element, and in further
consideration of the mutual covenants, conditions, restrictions, and agreements hereinafter
set forth, the sufficiency and adequacy of which is hereby acknowledged, Grantor and
Grantee hereby agree as follows:
I. EASEMENT
A. Defined Terms. In addition to the terms defined in the Recitals above, which
Recitals are hereby incorporated as if fully set forth herein, and in addition to such
other terms as may be defined in the body of this document:
1. The physical portion of Lot A legally described in Exhibit A is the
“Easement Area.” Lot A is described in Exhibit B-1.
2. Lot B together with Grantee’s easement rights in that portion of Lot A
described in Exhibit B-2 are the “Benefitted Property.”
3. This Public Transportation Access Easement and Restrictive Covenant is
the “Easement.”
4. “Lighting Improvements” means public transportation-related
improvements on the P&R Lot situated within twenty (20) feet of the
southern most boundary line of Lot A, including, but not limited to,
overhead lights, light poles, footings, foundations, underground and
overhead wires, utility ducts, vaults, manholes, access hatches, vents,
meters, monitoring equipment, cabinets, containers, conduits, wires, and
other necessary and convenient equipment and appurtenances , including,
but not limited to, all lighting and other improvements and equipment
servicing said lighting as shown in that certain plan set numbered 111189
and dated February 10, 1978, as modified by pages E101 through E103 of
that certain Contract No. C65046C, dated October 1996, and as further
modified by pages C301 through C304 of that certain Contract No.
C75134C, dated July 1997 (File Nos. E80, E81, E82), copies of which
documents are on file with Grantor and Grantee (hereinafter the “Plans”).
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5. “Purchase and Sale Agreement” means that certain purchase and sale
agreement executed by King County and the City of Auburn regarding Lot
A as authorized by King County ordinance no. __________ and City of
Auburn ordinance no. __________
B. Grant of Easement Rights. Grantor hereby grants and conveys, confirms, and re-
affirms to Grantee, the following perpetual easement rights in Lot A:
1. A permanent access easement in, on, over, across, and through the
Easement Area for Grantee’s continued public transportation and mass
transit purposes in connection with the use and operation of the P&R Lot as
now configured or hereafter modified, as more fully described in Paragraph
3 of this Section I.B. When on Lot A, Grantee’s buses and other public
transportation or mass transit vehicles shall have right of way over all other
vehicles in the Easement Area. All other vehicles shall yield to Grantee’s
buses and other public transportation or mass transit vehicles when
Grantee’s vehicles are in motion. Grantee may paint, stripe, signalize, or
otherwise improve the Easement Area to ensure that Grantee’s buses and
other public transportation or mass transit vehicles may freely enter and exit
Lot A. PROVIDED, that nothing in this Section I.B.1 shall operate to
relieve the drivers of Grantee’s vehicles from the duty to drive with due
regard for the safety of all persons on Lot A.
2. A permanent, non-exclusive construction easement through Lot A for
ingress and egress to and from Lot A for personnel, vehicles and equipment
as reasonably necessary or incidental to Grantee’s maintenance, repair and
replacement of the Lighting Improvements, all as more fully described in
Paragraph 3 of this Section I.B.
3. Subject to the further terms and conditions of this Easement, Grantee shall
have the right to use the Easement Area for all purposes necessary or
incidental to public transportation or mass transit vehicle access over,
ingress to, and egress from Lot A via “A” Street NE, including but not
limited to Grantee’s use, operation, maintenance, inspection, repair,
replacement, of all or any paving, pavement marking, traffic signals or
controls, curbs, curb cuts, gutters, sidewalks, crosswalks, pedestrian access
routes, walkways, railings, or fences within Easement Area as Grantee may
now or hereafter deem appropriate, including the removal or replacement of
same, either in whole or in part with like size improvements or facilities.
These improvements, together with the Lighting Improvements, are referred
to herein as the “Transportation Improvements.”
4. The following easement rights related to stormwater and surface water
drainage improvements on Lot A:
(a) A permanent stormwater and surface water drainage easement in,
on, over, under, across, and through Lot A for Grantee’s use and
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operation of the existing stormwater and surface water drainage
system as shown in the Plans or hereafter modified;
(b) A permanent, non-exclusive construction easement twenty (20) feet
wide, centered on the alignment of the existing drainage system
improvements, as shown in the Plans, together with a right of access
in, on and through Lot A for ingress and egress to and from the Lot
A for personnel, vehicles and equipment as reasonably necessary or
incidental to Grantee’s installation, construction, maintenance,
repair and replacement of drainage system improvements.
(c) Subject to the further terms and conditions of this Easement,
Grantee shall have the right to use this easement for all purposes
necessary or incidental to the drainage of stormwater and surface
water from the Benefitted Property, including but not limited to
Grantee’s use, operation, maintenance, inspection, repair,
replacement, reconstruction, and removal of all or any drainage-
related Easement Improvements as Grantee may now or hereafter
deem appropriate, including the addition, removal or replacement of
same at Grantee’s election, either in whole or in part with either like
or different size improvements or facilities, and the installation of
additional improvements, utilities and other facilities and equipment
within the construction easement area.
5. Collectively, the easement improvements described in this Section I.B are
referred to herein as the “Easement Improvements.”
C. Benefit of Easement. This Easement is appurtenant to and for the benefit of the
Benefitted Property and all other land, real property or property interests now
owned or hereafter acquired by Grantee and that constitutes a portion of or is
served by the Easement Improvements or Grantee’s public transportation and mass
transit system as now configured or hereafter modified.
D. Ownership of Easement Improvements. The Parties agree that the Easement
Improvements on Lot A are owned by and belong to Grantor, including without
limitation the Lighting Improvements. The Parties agree that any and all other
Easement Improvements or future improvements or betterments to the Easement
Improvements on Lot A, including but not limited to paving, curbs and gutters,
fences, barriers, landscaping, shelters, cabinets, pipes or conduits, related
structures, materials, facilities, mechanical and electrical systems, utilities,
equipment, furnishings or improvements or betterments of any kind that are now or
hereafter acquired, constructed or installed within the Easement Area for public
transportation or mass transit purposes shall upon substantial completion become,
and shall thereafter at all times remain, the property of Grantor. For purposes of
this Easement the term “substantial completion” means:
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1. Grantee has full and unrestricted use and benefit of the subject work for the
purpose intended;
2. All the systems and parts of the subject work are functional;
3. Utilities are connected and operate normally;
4. Only minor incidental work or correction or repair remains to complete the
subject work; and
5. To the extent applicable, all occupancy permits, inspection permits, and
temporary construction easement releases have been provided.
E. Duty to Maintain Easement Improvements On Lot A.
1. Grantor covenants to maintain, repair, and replace the Easement Improvements
in their existing locations so as to provide at least the level, extent, and quality
of function specified in the Plans.
(a) Grantor further covenants that within the Easement Area as defined in
Exhibit B-2 attached hereto, Grantor shall preserve lighting equal to or
better than that which exists on the Easement Area as of the Closing Date as
defined in the Purchase and Sale Agreement (“Closing Date”).
(b) Grantor covenants to erect, at its sole expense, a security chain-link fence
on the boundary between Lot A and Grantee’s P&R Lot within thirty (30)
days of the date of closing. Provided, that Grantor’s security fence shall not
interfere with Grantee’s right of ingress and egress under this Easement.
(c) Grantor covenants to disconnect from Grantee’s electrical service,
according to law and at Grantor’s sole expense, power to all the light poles
that are located north of the south boundary line of Lot A (not including
those that are located on the south boundary line) within ninety (90) days of
the Closing Date.
(d) Grantor covenants to disconnect from the irrigation system that serves the
P&R Lot the portion of the irrigation system that serves that landscaping
located completely within Lot A. Grantor shall complete this work within
ninety (90) days of the Closing Date. Grantor further covenants to maintain
an operational irrigation system to serve the landscaping that is located
completely within Lot A.
(e) Grantor shall undertake and fulfill the duties imposed under this Section
I.E.1 at Grantor’s sole cost and expense; and such cost and expense shall
never become a lien on or against the Benefitted Property or otherwise
become Grantee’s liability or obligation.
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2. Grantor covenants that except as set forth in Section I.E.1, the existing
Easement Improvements shall not be changed, modified, or relocated except
with Grantee’s prior written approval, which approval may be withheld in
Grantee’s sole and absolute discretion. Grantor further covenants that so long
as this Easement is in effect, the Lighting Improvements shall never be
relocated, altered, modified, or changed in any manner that would reduce the
level, extent, or quality of lighting below that which is specified in the Plans.
3. Notwithstanding Paragraphs 1 and 2 of this Section I.E, if the Federal Aviation
Administration (“FAA”) or its successor requires Grantor to change the existing
Lighting Improvements then the Parties shall negotiate as to how Grantor may
accommodate such requirement while meeting the standard set forth in Section
I.E.1, and such negotiation shall be subject to dispute resolution under Section
III.B of this Agreement.
F. Grantee’s Discretionary Right to Maintain Lighting Improvements.
1. Grantor and Grantee agree that the Lighting Improvements are critical to the
safe and efficient operation of Grantee’s public transportation system and mass
transit activities upon the P&R Lot and the Easement Area. Grantor
understands, acknowledges, and agrees that the Lighting Improvements must be
maintained to meet the standard set forth in Section I.E at all times, and that any
needed repairs or replacements shall be treated as a matter of public safety and
shall be afforded the highest priority. To that end, Grantor covenants that
Grantee shall have the right, but not the duty, to maintain, repair, or replace the
Lighting Improvements pursuant to this Section I.F.
2. If Grantee, in its reasonable discretion, believes that Grantor has not met its
duty to maintain the Lighting Improvements to the standard in Section I.E, then
Grantee may notify Grantor of the work needed and the proposed maintenance,
repair, or replacement (collectively, the “Work”) in sufficient detail that
Grantor could estimate the cost of the labor and materials needed to complete
the Work. If within seventy-two hours Grantor has not either (a) initiated the
work or provided Grantee a written proposal of equivalent maintenance, repair,
or replacement, which Grantee may at its sole discretion approve or deny, or (b)
completed the work, or approved equivalent, then Grantee may undertake such
maintenance, repair, or replacement. PROVIDED, that Grantee shall make a
good faith effort to provide Grantor with twenty-four (24) hours advance
written notice of intent to perform the Work. Such notices may be by
telephone, fax, email with confirmation of delivery, or any means specified in
Section III.E of this Easement.
3. If Grantee performs the Work, it shall invoice Grantor for all fees, costs, and
expenses associated with the Work, including but not limited to the cost of
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Grantee’s staff time to prepare Grantee’s Notice and to develop and implement
any procurement, plans, permitting, or project documentation necessary for the
Work (collectively, the "Work Costs"). Grantor shall pay the Work Costs to
Grantee within forty-five (45) days of receipt of Grantee’s invoice. Grantee
shall add a late fee of five percent (5%) to any Work Costs invoice not timely
paid. If any Work Costs invoice remains outstanding ninety (90) days after
receipt, Grantee may send it to collections.
G. Grantee’s Discretionary Right to Maintain Other Easement Improvements.
1. Subject to the notice requirements set forth in this Section I.G, Grantor
covenants that Grantee shall have the right, but not the obligation, to
maintain, repair, or replace all Easement Improvements on or in the
Easement Area. This Section I.G does not apply to the Lighting
Improvements, which are addressed in Section 1.F.
2. If Grantee believes that the Easement Improvements require substantial
repair, maintenance, or replacement, then Grantee shall notify Grantor in
writing consistent with Section III.E of this Easement (“Grantee’s Notice”).
Grantee’s Notice shall specify the work needed in sufficient detail for
Grantor to determine whether the proposed work is acceptable. Grantee
need not provide advance written notice of minor or ordinary repair or
maintenance work, and may perform such work in Grantee’s sole
discretion.
3. Grantor shall respond to Grantee’s Notice within thirty (30) days. Grantor’s
response shall state whether the proposed work and schedule is acceptable
to Grantor. If the work or schedule is not acceptable to Grantor then the
Parties shall engage in dispute resolution under Section III.B of this
Easement.
H. Emergency Work. In addition to Grantee’s discretionary right to maintain, repair,
or replace the Easement Improvements under Sections I.F and I.G of this Easement,
Grantee shall also have the discretionary right, but not the duty, to perform
emergency maintenance, repair, or replacement of the Easement Improvements.
Grantee shall make a good faith effort to provide Grantor with twenty-four (24)
hours advance written notice of such emergency work. Such notice may be by fax,
email with confirmation of delivery, or any means specified in Section III.E of this
Easement. To the extent feasible under the circumstances, Grantee’s notice under
this Section I.H shall describe the emergency and the proposed maintenance, repair,
or replacement in detail. Grantee’s emergency repairs to Easement Improvements
on the Easement Area shall not be subject to dispute resolution under Section III.B.
I. Grantee’s Discretionary Right to Propose Upgrades to Easement
Improvements.
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1. In addition to Grantee’s rights under paragraphs E, F, G, and H of this
Section I, Grantee shall have the right, but not the obligation or duty, to
propose betterments or upgrades to the Easement Improvements on the
Easement Area, and to construct and install such betterments or upgrades at
its own expense; PROVIDED, that Grantee shall not undertake any such
betterment or upgrade of the Easement Improvements without first
submitting Grantee’s proposal to Grantor for review and approval, and
Grantor shall not unreasonably withhold, condition, or delay its approval.
2. If Grantor approves Grantee’s proposed betterment or upgrade then Grantee
may construct or install it, and the betterment or upgrade shall become
Grantor’s property upon substantial completion as defined in Section I.D of
this Easement, and thereafter the Parties’ respective rights, duties and
obligations as to such betterment or upgrade shall be governed by this
Easement. If Grantor does not approve Grantee’s proposed betterment or
upgrade then the Parties shall undertake dispute resolution pursuant to
Section III.B of this Easement.
3. Grantor’s review and approval of Grantee’s plans and specifications under
this Section I.G shall be strictly limited to the facilities and/or excavation
shown on the plans and specifications submitted to Grantor and shall in no
event constitute or be construed as a certification of the adequacy or
sufficiency of Grantee’s plans and specifications nor whether Grantee’s
construction, work or activity complies with other applicable laws, building
codes and other governmental rules and regulations.
J. Grantee's Restoration of Easement Area. Whenever Grantee undertakes any
maintenance, repair, replacement, betterment, or upgrade of any Easement
Improvements pursuant to Sections I.F through I.I of this Easement, then upon
completion of such work Grantee shall remove any debris and restore the surface of
any disturbed portion of the Easement Area to a condition reasonably
approximating that which existed at the commencement of such work.
K. Grantee’s Abandonment of Easement.
1. Grantee may at any time, in its sole and absolute discretion, permanently
abandon this Easement or any portion thereof, but only by recording an express
written notice of such abandonment. Mere nonuse or disuse of the Easement
Area, the Easement Improvements, or the rights granted in this Easement shall
not constitute or be deemed to constitute legal abandonment.
2. In addition to recording a notice of abandonment, Grantee may, at its sole and
absolute discretion, execute and record a full or partial reconveyance or release
of this Easement, whereupon this Easement or the relevant portion thereof, and
all related rights, duties and obligations of the Parties thereunder, in whole or in
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part, shall automatically terminate. Such reconveyance shall be in the form of a
quitclaim deed unilaterally executed by Grantee.
3. Grantee’s actions under this Section I.K are not subject to dispute resolution
under Section III.B.
L. Grantee to Comply with Applicable FAA Safety Requirements. Grantee
covenants that in exercising its rights and privileges as to the Easement
Improvements on the Easement Area, Grantee shall comply with applicable FAA
safety requirements, including but not limited to vertical height restrictions,
horizontal setbacks or clearance requirements, and mandatory fencing, signage,
marking, or lighting limitations or requirements, including, to the extent applicable,
that certain clear zone (avigation) easement recorded at King County Recording
No. 6696709.
II RESTRICTIVE COVENANTS
A. Grant of Restrictive Covenant. Grantor hereby grants and conveys, confirms,
and re-affirms to Grantee, the following perpetual restrictive covenants in the Lot
A:
1. Grantor covenants that it shall use Lot A for no purpose that will impede,
interfere with, obstruct or endanger Grantee’s easement rights under Article
I of this Easement.
2. Grantor covenants that Lot A shall not be subdivided, developed,
demolished, redeveloped, reconfigured, modified, used, cleared or graded,
or otherwise altered or improved in any manner that would interfere with
Grantee’s easement rights under Article I of this Easement, or be
inconsistent with the purpose and intent of this Easement.
3. Grantor covenants that Grantee’s buses and other public transportation or
mass transit vehicles shall not be required to stop at, and shall have free
passage through, over, under, around, and across any fencing, gate,
guardhouse, checkpoint, chicane, or any other security feature that may be
erected on, about, or in connection with Lot A. PROVIDED, that this
Section II.A.3 shall not apply: In case of a specific, documented, credible
threat to any facility or enterprise that may constructed or operated on Lot
A; or if the Governor of the State of Washington declares a state of
emergency or martial law; or as may be required by Federal law pertaining
to national security.
4. Grantor shall not convey fee title to, or any lesser interest or privilege in,
Lot A or any portion of it, except by instrument expressly referencing this
Easement by its title (“Public Transportation Easement and Restrictive
Covenant”) and recording number.
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5. Grantor shall hold harmless, indemnify, and defend Grantee from any and
all cost, liability, claims, judgments, administrative actions, litigation, or
other obligations arising out of or relating to the discharge of pollutants or
Hazardous Substances (as defined in Section 3.1.9 of the Purchase and Sale
Agreement) in any stormwater, surface water, runoff, or any other form of
discharge or release from Lot A into any of the stormwater facilities that
serve the P&R Lot.
6. Beginning eighteen (18) months after the Closing Date, and each calendar
year thereafter for so long as Grantor owns Lot A, upon Grantee’s written
demand Grantor shall pay to Grantee a share of Grantee’s annualized cost to
maintain those certain stormwater facilities that serve both the P&R Lot and
a portion of Lot A (the “Joint Use Facilities”). Grantor’s share of Grantee’s
annualized cost shall be determined by multiplying Grantee’s annualized
cost to maintain the Joint Use Facilities by a fraction, the numerator of
which is the square footage of the Lot A area served by the Joint Use
Facilities, and the denominator of which is that same Lot A area plus the
square footage of the P&R Lot area served by the Joint Use Facilities.
7. If the Lot A area served by the Joint Use Facilities, which area is shown in
Exhibit D, is ever redeveloped or improved for any purpose other than a
vehicle parking lot, then before commencing construction of such
redevelopment or improvement Grantor or Grantor’s successor, assign, or
designee shall disconnect Lot A’s stormwater or surface water system from
the Joint Use Facilities. The Parties agree that Exhibit D shall not be
recorded but shall remain on file with the Parties.
8. If Grantee ever redevelops the P&R Lot, then the City of Auburn shall limit
its drainage review and approval (if any) to those surface water or storm
water impacts arising out of or related to drainage from the P&R Lot, and
without reference to or consideration of any surface water or stormwater
discharge from Lot A.
B. Run with the Land. Grantor agrees that the benefit of these restrictive covenants
runs with the land and real property interests that make up the Benefitted Property
and with Grantee’s estate in the Benefitted Property. Grantor agrees that the
burden of these restrictive covenants runs with the land that makes up Lot A and
with Grantor’s estate in Lot A. The Parties agree that these restrictive covenants
shall be binding upon and inure to their respective successors and assigns.
C. Touch and Concern. The Parties agree that the benefits of these restrictive
covenants touch and concern Grantee’s fee title in Lot B and Grantee’s easement in
Lot A, in that they perpetuate the existing public transportation and mass transit
regime on the Benefitted Property and ensure Grantee’s ability to continue to use
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the Benefitted Property for public transportation and mass transit purposes. The
Parties agree that the burdens of these restrictive covenants touch and concern
Grantor’s fee title in Lot A, in that they limit the uses to which Lot A may be put
and the acts that may be done there.
D. Dispute Resolution. Any disputes between the Parties regarding these restrictive
covenants shall be subject to the dispute resolution process set forth in Section
III.B.
E. Equitable Relief. The Parties agree that if dispute resolution is not successful in
resolving a dispute regarding these restrictive covenants, then either Party may seek
any remedy at law or equity, including but not limited to temporary restraining
orders or other forms of injunctive relief.
F. Termination of Covenants II.A.5-8 Upon Further Property Transaction. The
covenants in paragraphs numbered 5, 6, 7, and 8 of this Section II.A shall terminate
and thereafter shall be of no further force or effect beginning upon such date as the
King County Recorder’s Office may record a deed from King County to the City of
Auburn conveying the real property on which is located the stormwater
retention/detention pond serving the P&R Lot and Lot A.
III. GENERAL TERMS AND CONDITIONS
A. Grantor’s Use of Property.
1. Subject to Articles I and II of this Easement, Grantor reserves the right to
use Lot A and/or to grant other easement, license or use rights to Lot A for
any purpose not inconsistent with the rights herein granted to Grantee so
long as such use or use rights do not interfere with, obstruct or endanger
either or both of the following:
a. Grantee’s use of the Benefitted Property for public transportation and
mass transit access, ingress, and egress purposes; or
b. The maintenance, repair, replacement, improvement, or betterment of
any Easement Improvements now or hereafter constructed, installed,
used, operated or maintained in the Easement Area pursuant to this
Easement.
2. Prior to any activity by Grantor in the Easement Area that extends to within
ten (10) feet of any of Easement Improvements contained therein or which
changes the compression loads on or to the lateral support for any such
Easement Improvements, Grantor shall notify Grantee in writing and shall
provide Grantee with a copy of all plans and specifications for such
proposed activity for review at least forty-five (45) days prior to the
commencement of such activity. Grantor shall not commence such activity
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unless and until it has received Grantee’s prior written consent that the
Grantor’s proposed construction, work or activity will not interfere with the
Grantee’s rights under this Easement, which Grantee hereby confirms will
not be unreasonably withheld.
3. Grantee’s review and approval of Grantor’s plans and specifications shall
be strictly limited to the facilities and/or excavation shown on the plans and
specifications submitted to Grantee and shall in no event constitute or be
construed as a certification of the adequacy or sufficiency of Grantor’s
plans and specifications nor whether Grantor’s construction, work or
activity complies with other applicable laws, building codes and other
governmental rules and regulations.
B. Dispute Resolution. Except as otherwise specified in this Easement, and subject
to Paragraph 6 of this Section III.B, all disputes arising under or related to this
Easement shall be subject to the following dispute resolution process:
1. Grantor and Grantee shall each within ten (10) business days, designate a
senior officer or director to meet to attempt to resolve the dispute
(“Management Escalation”). The designated individuals shall meet within
twenty (20) business days after their designation. Any dispute resolved
through the Management Escalation process shall be documented by
appropriate written documentation executed by all participating parties.
2. If Management Escalation fails to resolve the dispute, then mediation may
be requested by either Party, and shall be attempted prior to any litigation
arising under or related to this Easement. Within ten (10) days of a
mediation request, each Party shall designate, in writing, not more than
three (3) candidates to act as a non-binding mediator. Candidates shall be
proposed from Judicial Arbitration and Mediation Services (JAMS) or
Judicial Dispute Resolution (JDR) or their successors, or shall be a neutral,
independent and recognized expert in the field in which the dispute arises.
If the Parties cannot agree on one of the mediators from the combined list
within five (5) days of exchanging lists, then the Parties shall promptly meet
and select a mediator by blind draw from a pool consisting of all six
candidates selected by the Parties.
3. Upon selection of the mediator, the Parties shall within thirty (30) days, or
as soon thereafter as practicable, meet and engage in a mediation of the
dispute with the assistance of the mediator. Each Party shall be responsible
for its own costs and expenses, including attorneys’ fees, incurred pursuant
to this section. Costs of the mediator and other common costs shall be
divided equally between the Parties. The mediator shall determine
reasonable procedures.
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4. The Parties agree that if they are unable to resolve their dispute through
Management Escalation or mediation, and for all matters not subject to
dispute resolution, King County Superior Court shall have the authority to
decide the dispute. Jurisdiction shall lie with the King County Superior
Court and venue shall be King County Superior Court in Kent, Washington,
unless the King County Superior Court local rules would place venue in
Seattle, Washington, in which case venue shall be in Seattle, Washington.
5. The dispute resolution procedures shall not prejudice the Parties’ legal or
equitable rights. At the request of either party, the Parties shall enter into an
agreement to toll the statute of limitations with respect to the subject matter
of a dispute while the Parties pursue the dispute resolution process set forth
in this Section III.B. Positions expressed, responses given, and information
submitted in any dispute resolution process under this Section III.B shall
not be admissible as evidence in any subsequent dispute resolution,
litigation, or other legal proceeding.
6. If a Party reasonably determines that circumstances require immediate
action to prevent or mitigate significant damage to or loss of the Benefitted
Property, the Easement Area, or the Easement Improvements, or that delay
in initiating or prosecuting a claim in litigation would irrevocably prejudice
that Party, then after giving the other Party notice of the dispute the affected
Party may immediately pursue any remedy available at law or in equity
without following the dispute resolution procedures in this Section III.B.
C. Insurance.
1. The Parties shall each maintain commercially reasonable insurance to
protect their respective interests. This insurance requirement may be met
through a program of self-insurance or participation in a risk-sharing pool.
Each Party shall provide written proof of commercially reasonable
insurance upon demand of the other Party.
2. The Parties shall require their contractors and subcontractors of all tiers to
name each of the Parties as additional insured on any insurance policy that
may apply to any work performed on the Easement Area. The Parties may
each request certificates of insurance or copies of insurance policies from
any contractors and subcontractors of all tiers that perform work on the
Easement Area.
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3. The insurance-related obligations contained in this Section III.C shall
survive the expiration, abandonment or termination of this Easement and
the easement rights and restrictive covenants granted hereunder.
D. Indemnification.
1. Grantor and Grantee each agrees for itself, its successors, and assigns to
protect, defend, indemnify and hold harmless the other, and the other's
appointed and elected officials and employees from and against liability for
all claims, demands, suits, and judgments, including costs of defense
thereof, for injury to persons, death or property damage (collectively,
“Claims”) caused by or arising out of the Grantor's or Grantee's own acts or
omissions, respectively, and those of their respective agents, employees or
contractors within or about the Easement Area or that is otherwise caused
by or arises out of their exercise of the rights and privileges respectively
granted by or reserved under this Easement, including without limitation
liability from the products contained in, transferred through, released or
escaped from their respective improvements or otherwise introduced by
Grantor or Grantee, respectively, or their respective agents, employees or
contractors within or about the Easement Area. The Parties' obligations
under this Section III.B shall include:
a. Indemnification for such Claims whether or not they arise from the
Parties' own acts or omissions, the concurrent negligence of both Parties
or a third party, or the acts or omissions of the Parties' own contractors,
subcontractors, or the acts or omissions of one or more third parties
under the direction or control of Grantor or Grantee, respectively;
b. The duty to promptly accept tender of defense and provide defense to
the indemnified Party at the indemnifying Party's own expense;
c. Indemnification of Claims made by the Parties' own employees or
agents;
d. Waiver of immunity under the industrial insurance provisions of Title
51 RCW, but only to the extent necessary for Grantor and Grantee to
indemnify each other against Claims subject to Title 51 RCW, which
waiver has been mutually negotiated by the Parties; and
e. Indemnification for Claims that are submitted by the indemnified Party's
contractor or subcontractors and arise from the indemnifying Party's
improvements within or about the Easement Area.
2. Notwithstanding Paragraph 1 of this Section III.D, Grantee shall have no
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obligation under this Section III.D to indemnify and hold harmless Grantor
for Claims arising from the sole negligence or willful misconduct of
Grantor, its appointed and elected officials and employees; and Grantor
shall have no obligation under this Section III.D to indemnify and hold
harmless Grantee for Claims arising from the sole negligence or willful
misconduct of Grantee, its appointed and elected officials and employees.
3. Grantor and Grantee agree that if a court of competent jurisdiction
determines that RCW 4.24.115 applies to this Easement, or to any Claim
arising hereunder, then Grantor and Grantee shall each defend, hold
harmless and indemnify the other to the maximum extent permitted
thereunder, and specifically for their own negligence concurrent with that of
the other Party, to the full extent of Grantor’s or Grantee's own negligence.
4. Grantor and Grantee shall give each other timely written notice of the
making of any Claim or of the commencement of any such action, suit, or
other proceeding covered by the indemnity in this Section III.D. If any such
Claim arises, then the indemnified Party shall tender the defense thereof to
the indemnifying Party, and the indemnifying Party shall have the duty to
defend, settle, or compromise any Claims arising hereunder; and the
indemnified Party shall cooperate fully therein. The indemnified Party's
failure to timely notify the indemnifying Party of such a Claim or action,
however, shall not constitute a defense to the indemnity set out in this
Section III.D, except to the extent of actual prejudice to the indemnifying
Party.
5. The indemnification, protection, defense and save harmless obligations
contained in this Section III.D shall survive the expiration, abandonment or
termination of this Easement and the easement rights and restrictive
covenants granted hereunder.
E. Notices. Except for Grantee’s notice of work under Sections I.F and I.H, any
notices required herein shall be in writing and shall be deemed to have been duly
given and received on the date of personal service, or one day after deposit with a
reputable national overnight delivery service, or two days after deposit with the
United States Postal Service, sent by registered or certified mail, return receipt
requested, postage prepaid. Notice may also be provided by email or other means
of electronic transmittal, provided that receipt of the email or transmittal content
can be confirmed by the sender, with time of receipt being the uniform time the e-
mail or other transmittal enters the information processing system that the recipient
has designated or uses for the purpose of receiving email or other form of
transmittal. In all cases notice shall be sent to the addresses listed below or as
hereafter updated by the Parties by written notice as set forth in this Section III.E:
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TO GRANTOR: TO GRANTEE:
Office of the Mayor
City of Auburn
25 West Main Street
Auburn, WA 98001
Manager’s Office
Transit Division
King County Department of Transportation
201 S King Street
Seattle WA 98104
WITH A COPY TO:
Auburn City Attorney’s Office
City of Auburn
25 West Main Street
Auburn, WA 98001
WITH A COPY TO:
King County Prosecutor’s Office
King County Courthouse, W400
516 Third Avenue
Seattle, WA 98104-2388
Attn: Chief Civil Deputy
F. Representations. Grantor represents that it is the lawful owner of Lot A and has
the legal authority to grant and convey this Easement to Grantee.
G. Successors and Assigns; Legal Relations.
1. Grantee may assign its rights under this Easement, in whole or in part,
without approval or consent of Grantor. Grantor shall not convey or assign
any right, title, interest, or license in Lot A except by instrument specifically
referencing this Easement by its title and recording number as required
under Section II.A.4.
2. Nothing in this Easement shall make, or be deemed to make, Grantor and
Grantee a partner of one another. This Easement shall not be construed as
creating a partnership or joint venture. This Easement shall create no right,
privilege, duty, obligation, or cause of action in any person or entity not a
party to it.
3. Nothing contained in this Easement shall diminish or be construed to
diminish the governmental or police powers of Grantor or Grantee.
H. Force Majeure.
1. "Force Majeure Event" means any act or event that prevents a Party from
performing its obligations under this Agreement, if such act or event is
beyond the reasonable control, and not the result of the fault or negligence,
of the affected Party and such Party is unable to overcome such act or event
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with the exercise of due diligence (including the expenditure of reasonable
sums). Subject to the foregoing definition, Force Majeure Event may
include natural phenomena, such as storms, hurricanes, floods, lightning or
earthquakes; explosions or fires arising from causes unrelated to the acts or
omissions of the Party seeking to be excused from performance; acts of war,
civil unrest, public disorder, sabotage, epidemic, rebellion, riot, or terrorism
or war. Force Majeure Events shall not include equipment failures or acts
or omissions of agents, suppliers, contractors or subcontractors of any tier,
except to the extent that such acts or omissions arise from a Force Majeure
Event as defined in this Paragraph III.H.1.
2. Except as provided in Paragraph III.H.1 or otherwise specifically provided
in this Easement neither Party shall be considered in breach of this
Easement or liable for any delay or failure to comply with this Easement, if
and to the extent that such delay or failure is attributable to the occurrence
of a Force Majeure Event. Provided, that the Party claiming relief based on
a Force Majeure Event shall:
a. Promptly notify the other Party in writing of the existence and nature of
the Force Majeure Event;
b. Exercise all reasonable efforts to minimize delay caused by such Force
Majeure Event;
c. Notify the other Party in writing of the cessation of such Force Majeure
Event; and
d Resume performance of its obligations under this Easement as soon as
practicable thereafter.
3. Obligations to pay for services already provided shall not be excused by a
Force Majeure Event.
I. Construction. All of the Recitals set forth above are incorporated into this
Easement as though fully set forth herein. The headings contained in this Easement
are for convenience of reference purposes only and shall not in any way affect the
meaning or interpretation hereof, nor serve as evidence of the intention of the
parties hereto. Whenever the context hereof shall so require the singular shall
include the plural.
J. Entire Agreement. This Easement sets forth the entire agreement of the Parties as
to the subject matter hereof and supersedes all prior discussions and understandings
between them. This Easement may not be modified, except by an instrument in
writing signed by a duly authorized officer or representative of each party hereto.
K. Severability. In case any one or more of the provisions contained in this Easement
shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision
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hereof, and this Easement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
L. Waivers. No waiver of any right under this Easement shall be effective unless
contained in a writing signed by a duly authorized officer or representative of the
party sought to be charged with the waiver and no waiver of any right arising from
any breach or failure to perform shall be deemed to be a waiver of any future right
or any other right arising under this Easement.
M. Governing Law; Venue for Litigation. This Easement shall be governed by and
construed and enforced in accordance with the laws of the State of Washington,
without reference to its choice of law rules or conflicts of law provisions. The
Superior Court of King County, Washington, shall be the sole venue for any
litigation between the Parties that arises under or relates to this Easement.
TERMS AND CONDITIONS CONTINUE ON FOLLOWING PAGE
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N. Exhibits. The following exhibits and record documents are incorporated by this
reference as if fully set forth herein:
Exhibit A Legal Description of Easement Area
Exhibit B-1 Legal Description of Lot A
Exhibit B-2 Legal Description of Benefitted Property
Exhibit C Illustration of Boundary Line Adjustment
Exhibit D Illustration of Property Area Served by Joint Use Facilities (not
recorded; copies on file with the Parties)
-- Plan Set No. 111189, dated February 10, 1978, as modified by pages
E101 through E103 of that certain Contract No. C65046C, dated
October 1996, and as further modified by pages C301 through C304
of that certain Contract No. C75134C, dated July 1997 (File Nos.
E80, E81, E82), (not attached or recorded; copies on file with the
Parties)
EXECUTED AND EFFECTIVE as of the date last signed below.
FOR GRANTOR: FOR GRANTEE:
Peter Lewis, Mayor Steve Salyer, Manager
City of Auburn Real Estate Services Section
King County Dep’t of Executive Services
DATE:________________________ DATE:________________________
Approved as to Form: Approved as to Form:
By _________________ By _________________
Deputy City Attorney Deputy Prosecuting Attorney
NOTARY BLOCKS APPEAR ON FOLLOWING PAGE
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me ____________________________________________,
to me known to be the __________________________________ of KING COUNTY, the
______________ that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of KING COUNTY, for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute the said instrument.
Dated: _____________________________.
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me ____________________________________________,
to me known to be the __________________________________ of THE CITY OF AUBURN, the
______________ that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of THE CITY OF AUBURN, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute the said
instrument.
Dated: _____________________________.
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
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