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HomeMy WebLinkAbout01-22-2013 COUNCIL AGENDA PACKET City Council Meeting January 22, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1. Proclamation - Pride & Prejudice Month* Mayor Lewis to recognize January 28, 2013 as the 200th anniversary of the publication of the classic novel Pride and Prejudice by Jane Austen. 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. January 14, 2013 Meeting Minutes* (Peloza) B.Planning & Community Development 1. January 14, 2013 Minutes* (Backus) C.Public Works 1. January 7, 2013 meeting minutes* (Wagner) D.Finance 1. January 7, 2013 meeting minutes* (Partridge) E.Les Gove Community Campus Page 1 of 86 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. Minutes of the January 7, 2013 Meeting* B. 2012 Claims Vouchers (Partridge/Coleman) 2012 Claims check numbers 419623 through 419627 and check numbers 419631 through 419897 in the amount of $3,100,269.50 and dated January 22, 2013. C. 2013 Claims Vouchers (Partridge/Coleman) 2013 claims check numbers 419628 through 419630 and 419898 through 419990 in the amount of $2,839,403.97 and dated January 22, 2013. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533533 through 533571 in the amount of $846,539.14 and electronic deposit transmissions in the amount of $1,164,477.43 for a grand total of $2,011,016.57. E. Public Works Project No. EM0902* (Wagner/Dowdy) Approve final pay estimate No. 5 to Contract No. 12-14 in the amount of $21,788.99 and accept construction of Project No. EM0902 Temporary Flood Control Barrier Removal F. Public Works Project No. CP1116* (Wagner/Dowdy) Approve final pay estimate No. 8 to Contract No. 11-20 in the amount of $10,429.69 and accept construction of Project No. CP1116, Downtown Pedestrian Lighting Replacement (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. 6441* (Backus/Heid) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.07 of the Auburn City Code relating to the Auburn Junior City Council (ACTION REQUESTED: City Council adopt Ordinance No. 6441.) B. Ordinance No. 6448* (Partridge/Heid) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.87 of the Auburn City Code relating to the acceptance of gifts and donations to the City Page 2 of 86 (ACTION REQUESTED: City Council adopt Ordinance No. 6448.) VIII.RESOLUTIONS A. Resolution No. 4886* (Peloza/Faber) A Resolution of the City Council of the City of Auburn, Washington, amending the City of Auburn Fee Schedule relating to fees charged by the cemetery (ACTION REQUESTED: City Council adopt Resolution No. 4886.) B. Resolution No. 4898* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Interlocal Agreement with King County for the Purpose of Providing Road Services (ACTION REQUESTED: City Council adopt Resolution No. 4898.) 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. Page 3 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: January 14, 2013 Meeting Minutes Date: January 17, 2013 Department: Police Attachments: January 14, 2013 Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:January 22, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 4 of 86 Municipal Services Committee January 14, 2013 - 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 Bill Peloza, Vice Chair Wayne Osborne, Member John Partridge. Staff present: Councilmember Largo Wales, Chief of Police Bob Lee, Public Works Director Dennis Dowdy, Parks, Arts and Recreation Director Daryl Faber, Assistant City Attorney Steven Gross, Police Records Manager Chris James and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. December 10, 2012 Meeting Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. DISCUSSION ITEMS A. Median Design and Maintenance Standards (Faber) Parks, Arts and Recreation Director Daryl Faber updated the committee on the draft City of Auburn Median Design & Maintenance Guidelines dated January 2013. The goal for the guidelines is not to replace design and maintenance standards, but to serve as an easy- to-reference, supplementary guide that illustrates median design options and maintenance practices in light of the City's existing standards. The guidelines are a joint effort from City staff in the Public Works/Engineering, Planning and Development, and Parks Maintenance divisions. Each guideline is a component of design Page 1 of 2 MS.1 Page 5 of 86 and/or maintenance that needs to be addressed by the City or private developer when improving current medians or constructing new medians within the City. Committee discussion followed. B. Ordinance No. 6448 (Heid) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.87 of the Auburn City Code relating to the acceptance of gifts and donations to the City. This proposed ordinance was drafted to meet the ordinance requirement of RCW 35.21.100 which deals with the authority to accept and use donations. Committee discussion followed. C. Police Department Records Division (James) Police Records Manager, Chris James, provided information to the committee on the functions of the Records Division of the Auburn Police Department. Manager James came to Auburn in September 2012 bringing with her 20+ years of Records experience in law enforcement. Records is the support division of the department. Some of their responsibilities include providing fronter counter assistance, records case management and case entry, public records requests from the City Clerk's office, evidence management, firearms transfers, warrants, and concealed pistol licenses. Committee discussion followed. D. Project Matrix The following updates were made to the Project Matrix: Item 20P: Review date 1/28/13. Item 30P: Review date 3/25/13. Status updated. Item 7I: New Item of Interest added. Review date 2/11/13. IV. ADJOURNMENT The meeting was adjourned at 4:26 p.m. The next meeting of the Municipal Services Committee is Monday, January 28, 2013 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Signed this _______________ day of January, 2013. ___________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 2 of 2 MS.1 Page 6 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: January 14, 2013 Minutes Date: January 16, 2013 Department: Planning and Development Attachments: Draft Minutes - January 14, 2013 Budget Impact: $0 Administrative Recommendation: For information only, see attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:January 22, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 7 of 86 Planning and Community Development January 14, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room No. 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair John Holman, and Member Largo Wales were present. Also present were Planning and Development Director Kevin Snyder, Parks, Arts & Recreation Director Daryl Faber, Finance Director Shelley Coleman, Assistant City Attorney Steve Gross, Economic Development Manager Doug Lein, Storm Drainage Engineer Tim Carlaw, Public Works Director Dennis Dowdy, Principal Planner Jeff Dixon, and Planning Secretary Tina Kriss. Members of the public present included: Councilmember Peloza, Scott Pondeleck, Auburn Chamber of Commerce President Nancy Wyatt, and Robert Whales of the Auburn Reporter. B. Announcements Chair Backus welcomed new Member Largo Wales to the Committee. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - December 10, 2012 (Snyder) Vice-Chair Holman moved and Member Wales seconded to approve the Planning and Community Development Committee Meeting minutes for December 10, 2012 as written. Motion Carried Unanimously. 3-0 III. ACTION A. Resolution No. 4899 - Grant Acceptance from the Washington State Department of Commerce (Lein) Page 1 of 5 PCD.1 Page 8 of 86 Planning and Development Director Kevin Snyder reviewed Resolution No. 4899 with Committee; accepting a Washington State Department of Commerce grant in the amount of $12,500.00 and authorizeing the Mayor and City Clerk to execute the administrative proceedures for the grant award. Vice-Chair Holman moved and Member Wales seconded to recommend that City Council adopt Resolution No. 4899. Motion Carried Unanimously. 3-0 IV. DISCUSSION ITEMS A. Creation and Funding of a Metropolitan Park District in the City of Auburn (Coleman) Finance Director Coleman presented on the option of the City forming a Metropolitan Park District (MPD) to administer and operate recreation programs, maintenance of the city parks and the golf course through the district. Revenue generated would come from property taxes ($5 million), recreation class fees ($600,000.) and golf course green fees ($1.5 million). The net savings to the City General Fund would be in excess of $4.6 million and $.4 million for the Golf Course. Total savings, net of revenues transferred to the district, could be approximately $5 million. Committee and staff discussed the concerns and benefits of forming a MPD. In response to questions from Council about the benefit to the citizens, Director Coleman stated creating the MPD could continue to maintain the existing vital and important parks programs and also provide a potential vehicle to possibly issue debt for new facilities if selected. There is an interest for transportation improvements and this would provide and preserve funding for parks service and maintenance and free up the general funds for other projects and programs. Committee expressed the importance of receiving input from the citizens of Auburn if this option is considered by the City. B. Interlocal Agreement between King County, King County Flood District, and the City of Auburn (Dixon) Principal Planner Dixon reviewed the Reddington Levee Setback and Extension Project and the 2013 City of Auburn Reddington Levee- Related Actions Schedule outlining the actions needed from the City of Auburn triggered by the project. The project will be completed in two phases. Phase 1 is currently funded and ready to proceed. Phase 2 is not currently funded; the King County Flood District may have funding allocated upon the completion of Phase 1. There are no issues with Page 2 of 5 PCD.1 Page 9 of 86 the gap between completion of Phase 1 and Phase 2. The completion of Phase 1 will provide a tremendous benefit by reducing flood risks to residents, businesses and infrastructure within the City of Auburn and the Green River Valley. Phase 1 is proposed to begin construction in 2013. Committee and staff discussed the funding, project goals and completion schedule for Phase 1. As part of the Interlocal Agrement between the City of Auburn, King County and the King County Flood District the City will receive compensation for approximately 10.77 acres of encumbrances to the Auburn Storm Utility-owned property (a.k.a. Crista Ministries property) including functional equivalent replacement of the Brannan Park storm drainage bio-filtration swale (with no cost to the City). The City will receive land replacement value by the King County Flood District to satisfy the Washington State Recreation and Conservation Office (RCO) historic grant obligations associated with the original acquisition of Brannan Park for approximately 2.99 acres of passive recreation area which will be lost at Brannan Park due to the Levee. The City will also receive trail improvements by the King County flood District concurrent with the levee construction so that the top of the levee meets King County's multi-use paved trail specifications and the trail is consistent with the overall design of the Green River Trail. The trail will contain a minimum of three separate pedestrian access points that meet the requirements of the Americans with Disabilities Act (ADA). This trail will be constructed as part of Phase 1. Director Snyder stated staff, with direction from the Mayor, has done a great job coordinating with King County to make this project beneficial to the public and the City of Auburn. Committee expressed their gratitude for the respectful impact to the environment and the coordinated partnerships with all parties involved. Staff will provide the draft Interlocal Agreement between King County, King County Flood District and the City of Auburn at the January 22, 2013 Public Works Committee meeting. C. Temporary Off-Premise Residential Real Estate Signs (Chamberlain) Discuss options for temporary allowances for off-premise residential real estate signs currently scheduled to expire on April 22, 2013. Planning and Development Director Kevin Snyder reported City Council passed Ordinance No. 6406 on April 16, 2013 extending real estate sign regulations until April 21, 2013. During the public hearing process before the Planning Commission, the Lakeland HOA spoke out against the allowance of these signs primarily due to the "Burma- Shave" signs along Lake Tapps Parkway. At that time, the Planning Page 3 of 5 PCD.1 Page 10 of 86 Commission and City Council felt a one year extension of the temporary off-premise real estate sign provisions was appropriate. Staff is requesting Committee feedback on a one year extension or any proposed revisions to the current real estate sign provisions. Committee and staff discussed previous concerns of non-compliant signage and the efforts of staff to bring the signs into compliance. In response to questions asked by Director Snyder, Committee requested that staff make inquiries to developers to see if they can quantify the benefits received by the temporary real estate sign regulations and the negative impact if the temporary real estate sign regulations are not extended or renewed. Committee also requested that the homeowner associations impacted by the temporary sign regulations be allowed to share any concerns. Staff will request the information from developers and the home owners associations and report back to Committee at its February 11th meeting. D. Director's Report (Snyder) Planning Director Kevin Snyder informed Committee that Senior Planner Stuart Wagner will be leaving the City to take a position in California to be closer to his family. Stuart has provided excellent work for the City and will be missed. Tom Ushing, the new City of Auburn Building Official, began employment January 7, 2013. The City is entering 2013 with a lot of residential permits and a great deal of commercial interest. The economical development team has done an excellent job discussing commercial development with interested parties, stimulating preapplication conferences for commercial development. The Auburn Valley Humane Society (AVHS) will have their open house January 19, 2013 from 12:00 to 4:00 p.m. with tours available and with a grand opening celebration by the City and AVHS supporters at 11:30 a.m. E. PCDC Matrix (Snyder) Committee reviewed the matrix and had no changes or additions. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:24 p.m. DATED THIS _____ DAY OF ___________, 2013. Page 4 of 5 PCD.1 Page 11 of 86 ___________________________ __________________________ Nancy Backus - Chair Tina Kriss - Planning Secretary Page 5 of 5 PCD.1 Page 12 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: January 7, 2013 meeting minutes Date: January 16, 2013 Department: Public Works Attachments: January 7, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:January 22, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 13 of 86 Public Works Committee January 7, 2013 - 3:30 PM Annex Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, City Attorney Dan Heid, Transportation Manager Pablo Para, Project Engineer Robert Lee, Project Engineer Kim Truong, Street Systems Engineer Seth Wickstrom, Planning Manager Elizabeth Chamberlain, Innovation and Technology Director Ron Tiedeman, citizen Scott Pondelick, and Planning and Development Secretary Tina Kriss. B. Announcements There were no announcements. C. Agenda Modifications There were two agenda modifications: Discussion Item C. Draft Interlocal Agreement – King County Reddington Levee Project (Dowdy). This item was removed. Discussion Item G. Ordinance No. 6450, Orion Industries Rezone (Chamberlain) Rezone from P-1, Public Use District, to C-3, Heavy Commercial, for parcel number 00008000022 and contract rezone relinquishment for parcel number 0000800026. This item has been added. This item was moved to Consent Agenda Item D for action. II. CONSENT AGENDA A. Approval of Minutes Councilmember Peloza moved and Councilmember Osborne seconded to approve the minutes of the December 17, 2012 Page 1 of 6 PW.1 Page 14 of 86 Public works Committee Meeting. Motion Carried Unanimously. 3-0. B. Public Works Project No. CP1122 (Truong/Lee) Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council grant permission to enter into Consultant Agreement No. AG-C-423 with Otak for engineering services for Project No. CP1122, 30th Street NE Area Flooding, Phase 1. Project Engineer Kim Truong explained that the scope of the project is to construct a new 42-inch storm line from the northwest corner of the airport property to the existing Brannon Park Pump Station replacing the existing 30-inch storm pipe generally located along 30th Street NE and the northerly boundary of Brannan Park to relieve street flooding in this area. In response to a question asked by Chair Wagner, Project Engineer Truong reported that the City currently has easements for the existing storm line and intends to place the new line in generally the same location minimizing the need for new easements from private properties along the northern edge of Brannon Park. Chair Wagner requested staff provide a project briefing at approximately the 60 percent design level. Chair Wagner asked staff to add this to the action tracking. Committee discussed the requirements for abandonment of the existing 30 inch storm line. City Engineer Selle explained the City will not be using it as an active line but it may be removed or filled to prevent collapse in the future. Motion Carried Unanimously. 3-0. C. Public Works Project No. CP1206 (Wickstrom) Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council approve Final Pay Estimate No. 5 to Contract No. 12-10 in the Amount of $266.85 and accept construction of Project No. CP1206, 2012 Pavement Patching, Chipseal and Overlay Project. Committee had no questions. Vice-Chair Peloza thanked staff for their hard work on this project. Motion Carried Unanimously. 3-0. Page 2 of 6 PW.1 Page 15 of 86 III. ORDINANCES A. Ordinance No. 6450 An Ordinance of the City Council of the City of Auburn, Washington, Approving the Request of Orion Industries for a Rezone From P-1, Public Use District to C-3, Heavy Commercial and Relinquish a Contract Rezone to Implement the Comprehensive Plan and Amending the City's Zoning Maps Accordingly Councilmember Peloza moved and Councilmember Osborne seconded to recommend that Council introduce and adopt Ordinance No. 6450. For purposes of these minutes this item was discussed after Discussion Item F. Planning Manager Elizabeth Chamberlain reviewed Ordinance No. 6450, Orion Industries Rezone. Committee and staff reviewed the zoning map zoning changes and uses. Chair Wagner asked if rezones are still legal and Planning Manager Chamberlain confirmed they are. Planning Manager Elizabeth Chamberlain indicated that this item went before the Hearing Examiner January 2, 2013 for the public hearing and the Hearing Examiner recommended approval. Staff is bringing this item to City Council this evening for recommendation of approval. Committee and staff discussed the quasi-judicial process. Vice Chair Peloza asked if City Attorney Heid has informed new members of the Council about the quasi-judicial process and when it is to be used. City Attorney Heid replied he semi-annually sends out information to inform Council of the process. Member Osborne referred staff to page 4, 2nd group. FAA restrictions. Does this building lie in the flight path and will it have an impact on the landing and threshold triggering FAA regulations. Planning Manager Chamberlain stated the building did need to be set back from the east property line to meet the boundary restrictions from FAA and they do need to apply for the Notice of Construction to the FAA. Mayor Lewis added the airport has reviewed the project and the FAA does not have any concerns with the location of the improvement. Chair Wagner asked staff to provide Council with a more detailed map of the project including more of the airport. Planning Manager Chamberlain stated she would provide an updated map for Council tonight. Staff stated this item is moving forward to Council this evening and if Page 3 of 6 PW.1 Page 16 of 86 Committee agrees either the Finance Committee or Public Works Committee can take action on Ordinance No. 6450. The Public Works Committee agreed to take action on this item. Motion Carried Unanimously. 3-0. IV. DISCUSSION ITEMS A. East Ridge Manor Drainage (Dowdy) Chair Wagner deferred this item to the end of the meeting to be discussed in Executive Session. B. Resolution No. 4896 (Heid) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Addendum to the Interlocal Agreement Between the City of Auburn and the City of Pacific for Information Services Technology In response to a question by Chair Wagner asking if there is a process to make corrections to the City’s charges for Information Services Technology, which is currently set up for full cost recovery; Mayor Lewis stated staff turns in billing for hours worked for full cost recovery. Member Osborne asked if there are any liability issues for the City for providing these services. Mayor Lewis reported there is not and the City has researched this with WCIA. Committee is supportive of an addendum to the Interlocal Agreement between the City of Auburn and the City of Pacific for Information Services Technology. C. Draft Interlocal Agreement - King County Reddington Levee Project (Dowdy) This item was removed from the agenda. D. Resolution No. 4895 (Bailey) A Resolution of the City Council of the City of Auburn, Washington Declaring Certain Items of Property as Surplus and Authorizing their Disposal Committee was supportive of this resolution. E. Capital Project Status Report (Gaub) Item 10 – C207A – “A” Street NW Corridor – Phase 1: Chair Wagner asked what the final agreement was with the UTC. Assistant City Engineer Gaub stated there are temporary measures consisting of a Page 4 of 6 PW.1 Page 17 of 86 flashing amber light on some of the advanced signage and additional signage requested by the UTC that allowed the roadway opening. The track owners, AMPAC and Gates, Gates and Gates have one year to complete the design and instillation of the full gates and lights. Item 13 – C524A – SCADA System Improvement: Chair Wagner noted the project is showing 80% completion and requested an update for the Committee. Assistant City Engineer Gaub updated Committee on the current progress of the project and the sites converted to date. Staff confirmed that all three test sites, one from each utility, are up and running in response to questions by Chair Wagner. Chair Wagner asked if the Committee wanted to go look at the progress of the project. Utilities Engineer Dan Repp explained that staff could bring the actual video monitoring system via a laptop to a meeting to provide the Committee with a review of the new system. Committee requested staff bring that presentation to the February 4th meeting. Item 14 – C201A – M Street Underpass (Grade Separation): In response to questions from Chair Wagner, Assistant City Engineer Gaub stated scheduling delays due the timing of the work and to the holidays and getting BNSF to schedule in their work. The girders have been set for the 1st bridge and the track will start to be laid by BNSF for this siding track next week. Once complete, the trains can be moved to the new bridge to allow the existing main line track to be demolished and work on the 2nd bridge to begin. The best time to look at the elevation difference for the two trains would be around the 16th and 17th of this month. The Committee concurred and a field trip for the Committee will be arranged. Chair Wagner requested a briefing on the overall the M street project including information addressing his previously emailed comments regarding the project. Chair Wagner also requested an item for the M street briefing to be added to the action tracking matrix. Item 23 – CP1107 – Fulmer Wellfield Improvements: In response to a question from Member Osborne, Utility Engineer Repp stated that staff anticipates finishing the current phase towards the end of February and a briefing of the committee would occur after that. Staff is currently waiting for some updates from the consultants to refine some of their approaches to move forward. . Item 32 – CP1224 – 2013 Local Street reconstruction: Staff reported that letters have gone out to property owners along two of the 2013 SOS street re-build projects that are currently un-sewered for the purpose of determining their interest in forming a Local Improvement District for the installation of a public sanitary sewer system to serve these areas. Staff provided a handout showing the 23rd Street SE and H Street NE survey results. Director Dowdy stated in neither case Page 5 of 6 PW.1 Page 18 of 86 were the owners very desirous of paying for instillation of sewers and the projects will be proceeding with out installing sewer systems. The Committee concurred. Item B – CP1115 – City Hall NW Plaza Improvements: Chair Wagner asked why the consultant work is on hold. Mayor Lewis stated since this is not a public display area staff would like to take this back to Council and Committees to discuss proposed changes and if any change is needed to the scope. Updates would require a change to the access ramp to bring it to current ADA requirements. F. Action Tracking Matrix (Dowdy) Item A - Chair Wagner requested this item be reviewed earlier to be completed for the next budget review. Staff concurred to begin discussions in June of 2013. Mayor Lewis raised the subject of the Council’s discussion during the last retreat concerning the many transportation projects that were discussed that have an impact on both the Planning and Community Development Committee and Public Works Committee regarding major corridors and future corridors. Committee recommended holding a joint meeting with the Planning and Community Development Committee twice a year. V. EXECUTIVE SESSION The Committee went to executive session at 4:14:03 p.m. to discuss potential litigation for approximately 10 minutes. The Committee ended the executive session at 4:33:12 pm. VI. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:33:14 p.m. Approved this 22nd day of January, 2013. ____________________________ ____________________________ Rich Wagner, Chair Jennifer Rigsby, Department Secretary Page 6 of 6 PW.1 Page 19 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: January 7, 2013 meeting minutes Date: January 15, 2013 Department: Administration Attachments: Finance Committee Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:January 22, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 20 of 86 Finance Committee January 7, 2013 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn. A. Roll Call Chair John Partridge, Vice Chair Largo Wales, and Member John Holman were present. City officials and staff members present included: Mayor Peter B. Lewis, Human Resources and Risk Management Director Brenda Heineman, Innovation and Technology Director Ron Tiedeman, Parks, Arts and Recreation Director Daryl Faber, Public Works Director Dennis Dowdy, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Finance Accounting Manager Rhonda Ewing, City Attorney Daniel B. Heid, and City Clerk Danielle Daskam. Also present was Scot Pondelick. B. Announcements There was no announcement. C. Agenda Modifications Ordinance No. 6450 was added to the agenda as a discussion item. II. CONSENT AGENDA A. December 17, 2012 Meeting Minutes Vice Chair Wales moved and Member Holman seconded to approve the December 17, 2012 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. 2012 Claims Vouchers (Coleman) 2012 claims check numbers 419295 through 419610 in the amount of $3,392,471.04 and dated January 7, 2013. Committee members reviewed the claims and payroll vouchers and briefly discussed claims vouchers 419327 and 419358. In response to a question from Vice Chair Wales, Finance Accounting Page 1 of 5 FN.1 Page 21 of 86 Manager Ewing reported procurement cards are currently being tested in the Finance Department and should be available in the near future. Vice Chair Wales moved and Member Holman seconded to approve the 2012 and 2013 claims vouchers and payroll vouchers as presented. MOTION CARRIED UNANIMOUSLY. 3-0 C. 2013 Claims Vouchers (Coleman) 2013 claims check numbers 419611 through 419622 in the amount of $205,212.23 and dated January 7, 2013. Please see 2012 claims vouchers above for action on 2013 claims vouchers. D. Payroll Vouchers (Coleman) Payroll check numbers 533503 through 533532 in the amount of $265,850.24 and electronic deposit transmissions in the amount of $1,231,418.56 for a grand total of $1,497,268.80 for the period covering December 13, 2012 to December 26, 2012. See 2012 claims vouchers above for approval of payroll vouchers. III. ORDINANCES A. Ordinance No. 6447 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 3.04.090 of the Auburn City Code relating to the Cemetery Endowment Care Fund Parks, Arts and Recreation Director Daryl Faber presented Ordinance No. 6447. The Ordinance relates to the Cemetery Endowed Care Fund. The Ordinance was reviewed by the Public Works Committee earlier this evening. Director Faber explained currently, the 15 percent endowed care fee is deducted from the sales price. The proposed Ordinance decreases the endowed care fee to ten percent and is added to the sale price. The restructuring of the endowed care fee would create approximately $30,000 annually in new revenue. Director Faber presented a handout titled Cemetery Endowed Care and a map from the Mountain View Cemetery Master Plan Update - 2004. The map depicted areas currently developed and for sale as well as areas for future development. In the developed area, there are 2,000 plots available for sale. Capacity at the cemetery is estimated at 50 years. Director Faber stated that the 2,000 available plots at the average sale price of $2,500 would generate approximately $500,000 for the endowed care fund. The undeveloped property (15 acres at 1,000 plots per acre) would generate up to $3,750,000 for the endowed care fund. Page 2 of 5 FN.1 Page 22 of 86 Currently, the endowed care fund contains $1,450,000. At total development and sale, the endowed care fund could generate up to $228,000 in interest annually that would be available for maintenance of the cemetery. The Ordinance also moves the endowed care fee from the city code to the fee schedule. Director Faber stated that with the recent cemetery fee increases, the restructuring of the endowed care fee, and the recent office staff reduction at the cemetery, the cemetery operation and fund should be stabilized. Vice Chair Wales moved and Member Holman seconded to approve and forward Ordinance No. 6447 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 IV. RESOLUTIONS A. Resolution No. 4895 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal Public Works Director Dennis Dowdy presented Resolution No. 4895. The Resolution authorizes the surplus of two 2008 Crown Victoria police vehicles that have reached the end of their useful life. Replacement vehicles have been purchased and are now in service. Member Holman moved and Vice Chair Wales seconded to approve and forward Resolution No. 4895 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 B. Resolution No. 4896 (Heid) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an addendum to the Interlocal Agreement between the City of Auburn and the City of Pacific for information services technology Innovation and Technology Director Ron Tiedeman presented Resolution No. 4896. The Resolution approves the extension of a current interlocal agreement with the City of Pacific to provide technical and support services through December 31, 2013. The Resolution also clarifies a scrivener's error to reflect that the initial term of the original agreement expired December 31, 2012. The agreement ensures full cost recovery of services. In response to a question from Vice Chair Wales, Mayor Lewis responded that there is an administrative agreement in effect with the City of Pacific to provide temporary supervisory and management functions as needed at Page 3 of 5 FN.1 Page 23 of 86 full cost recovery. Member Holman moved and Vice Chair Wales seconded to approve and forward Resolution No. 4896 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 V. DISCUSSION ITEMS A. Ordinance No. 6448 (Heid) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.87 of the Auburn City Code relating to the acceptance of gifts and donations to the City City Attorney Dan Heid explained the current law, RCW 35.21.100, calls for donations to be accepted and received by cities by ordinance. Ordinance No. 6448 provides a blanket authorization for the acceptance of gifts and donations without having to take each donation to the Council for action. The City may wish to take certain donations to the Council to make the acceptance of the donations more public and formal. B. Ordinance No. 6450 An Ordinance of the City Council of the City of Auburn, Washington, approving the request of Orion Industries for a rezone from P-1, Public Use District to C-3, Heavy Commercial and relinquish a contract rezone to implement the Comprehensive Plan and amending the City's zoning maps accordingly Mayor Lewis stated Ordinance No. 6450 was added to the City Council, Finance Committee and Public Works Committee agendas this evening. The Public Works Committee reviewed and approved the Ordinance earlier. The rezone application was fast-tracked in order to facilitate the relocation of Orion Industries from Federal Way to the city of Auburn. The Hearing Examiner expedited his decision in order for the Council to consider the rezone this evening. The Hearing Examiner recommended approval of the rezone. Planning Manager Chamberlain reported Orion Industries requested a rezone of a portion of one parcel (parcel number 0000800022) from P-1, Public Use District, to C-3, Heavy Commercial, and relinquishment of a contract rezone for parcel number 0000800026. There was brief discussion regarding the use of contract rezones. Planning and Development Director Snyder explained contract rezones were popular in the 1960's through the early 1990's. Cities moved away from contract rezones as zoning became more sophisticated and contract rezones provided an artificial layer of restrictions. Member Holman moved and Vice Chair Wales seconded to support Ordinance No. 6450. Page 4 of 5 FN.1 Page 24 of 86 MOTION CARRIED UNANIMOUSLY. 3-0 VI. ADJOURNMENT There being no further business, the meeting adjourned at 6:10 p.m. APPROVED this 22nd day of January, 2013. _____________________________ ______________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 5 of 5 FN.1 Page 25 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the January 7, 2013 Meeting Date: January 15, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: City Council approve the minutes as part of the Consent Agenda. Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:January 22, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 26 of 86 City Council Meeting January 7, 2013 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the Auburn City Hall Council Chambers, located at 25 West Main Street, and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Wayne Osborne, Largo Wales, and John Holman. Department directors and staff members present: Chief of Police Bob Lee, Parks, Arts and Recreation Director Daryl Faber, Economic Development Manager Doug Lein, Innovation and Technology Director Ron Tiedeman, Human Resources and Risk Management Director Brenda Heineman, Public Works Director Dennis Dowdy, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Proclamation - Miss Auburn and Miss Auburn's Outstanding Teen Scholarship Program Days Mayor Lewis to proclaim January 25, 2013 as Miss Auburn's Outstanding Teen Scholarship Program Day and January 26, 2013 as Miss Auburn Scholarship Program Day in the city of Auburn. Tamie Bothell, President and Co-Executive Director of the Miss Auburn Scholarship Program, accompanied by Alana Graves, Co- Executive Director of the Miss Auburn Scholarship Program presented the Miss Auburn contestants and the Miss Auburn Outstanding Teen contestants. Each Miss Auburn contestant introduced herself and stated her sponsor and platform: Morgan Warren sponsored by Fitchett Benedict & Clark, Lakeisha Harris sponsored by Cascade Eye & Skin, Rachel Holmberg sponsored by Molen Orthodontists, Sarah Gleason sponsored by the Kiwanis Club of Auburn, Stefanie Burger sponsored by Longhorn Barbeque, Salina Ellison sponsored by Don Small and Sons, Linda Karout sponsored by Oddfellows Restaurant, Abigail Page 1 of 9 CA.A Page 27 of 86 Holmberg sponsored by Sound Credit Union, Jessica Justice sponsored by Jerry Honneysett, Renelyn Cruz sponsored by Columbia Bank, Erin Fischer sponsored by Auburn Chevrolet, Savanna Stephan-Borer sponsored by the Kiwanis Club of the Valley, Allison Amador sponsored by American Solutions for Business, Victoria Knight sponsored by the Auburn Noon Lions, and Heather Haggin sponsored by HBT Insurance. The following Miss Auburn Outstanding Teen contestants introduced themselves to the Council: Lexie Smith, Dalyn Secrest, Alexis Wynne, Paige Chapple, Megan Bass, Sophie Tekola, Kelsey Barrett and Amanda Enz. Mayor Lewis then read and presented a proclamation declaring January 25 (Teen Program) and January 26 (Miss Auburn Program) as "Miss Auburn and Miss Auburn's Outstanding Teen Scholarship Program Days" in the city of Auburn. Contestants received the well-wishes of Mayor Lewis and the Council. 2. Reappointments to Boards and Commissions City Council to approve the reappointments to the following Boards and Commissions for terms expiring December 31, 2015. Airport Advisory Board Robert Jones Arts Commission Kenneth Watson Human Services Chuck Booth Deputy Mayor Backus moved and Councilmember Wagner seconded to confirm the reappointment of Robert Jones to the Airport Advisory Board, Kenneth Watson to the Arts Commission and Chuck Booth to the Human Services Committee. MOTION CARRIED UNANIMOUSLY. 7-0 3. Appointments to Boards and Commissions City Council to confirm the following appointments to Boards and Commissions for terms expiring December 31, 2015. Arts Commission Laura Westergard Nancy Colson Human Services Committee Page 2 of 9 CA.A Page 28 of 86 Daryl Thompson Deputy Mayor Backus moved and Councilmember Wagner seconded to confirm the appointment of Laura Westergard and Nancy Colson to the Arts Commission and Daryl Thompson to the Human Services Committee. MOTION CARRIED UNANIMOUSLY. 7-0 4. Appointment to Civil Service Commission City Council to confirm the appointment of Terry Hurlbut to the Civil Service Commission for a six-year term expiring December 31, 2018. Deputy Mayor Backus moved Councilmember Wagner seconded to confirm the appointment of Terry Hurlbut to the Civil Service Commission. MOTION CARRIED UNANIMOUSLY. 7-0 D. Agenda Modifications An Airport Advisory Board appointment was removed from the agenda and Ordinance No. 6450 was added to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. No one from the audience addressed the Council. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee did not meet on December 23, 2012. The next regular meeting of the Municipal Services Committee is scheduled for Monday, January 14, 2013 at 3:30 p.m. B. Planning & Community Development Chair Backus reported that the Planning and Community Development Committee did not meet on December 23, 2012. The next regular Page 3 of 9 CA.A Page 29 of 86 meeting of the Planning and Community Development Committee is scheduled for Monday, January 14, 2013 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon. The Committee reviewed items related to Public Works Project No. CP1122, the 30th Street NE Area Flooding, Phase 1 Project, and CP1206 the 2012 Pavement Patching, Chipseal and Overlay Project. The Committee also reviewed Resolution No 4896 authorizing an interlocal agreement with the City of Pacific for information technology services, Resolution No. 4895 relating to surplus property, the capital project status report, and Ordinance No. 6450 related to the Orion rezone. The Committee postponed discussion of the Reddington Levee Project The Committee also held an executive session regarding pending/potential litigation. The next regular meeting of the Public Works Committee is scheduled for Tuesday, January 22, 2013 at 5:00 p.m. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed 2012 claims vouchers in the approximate amount of $3 million and approximately $200,000 in 2013 claims vouchers. The Committee also reviewed payroll vouchers in the amount of $1.5 million. Additionally, the Committee reviewed Ordinance No. 6447 relating to the Cemetery Endowment Care Fund, Resolution No. 4895 relating to surplus property, and Resolution No. 4896 relating to the extension of an existing interlocal agreement with the City of Pacific for information technology services. The Committee also discussed Ordinance No. 6448 regarding gifts and donations and Ordinance No. 6450 relating to the Orion rezone. The next regular meeting of the Finance Committee is scheduled for January 22, 2013 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the next regular meeting of the Les Gove Community Campus Committee is scheduled for January 23, 2013 at 5:00 p.m. F. Council Operations Committee Deputy Mayor Backus reported the Council Operations Committee met this evening at 5:00. The Committee discussed Ordinance No. 6441 relating to the establishment of a Junior City Council. The Committee also discussed the schedule for Committee of the Whole meetings for 2013. The next regular meeting of the Council Operations Committee is scheduled for Monday, February 4, 2013 at 5:00 p.m. IV. CONSENT AGENDA Page 4 of 9 CA.A Page 30 of 86 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 December 17, 2012 regular meeting B. 2012 Claims Vouchers (Partridge/Coleman) 2012 claims check numbers 419295 through 419610 in the amount of $3,392,471.04 and dated January 7, 2013. C. 2013 Claims Vouchers (Partridge/Coleman) 2013 claims check numbers 419611 through 419622 in the amount of $205,212.23 and dated January 7, 2013. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533503 through 533532 in the amount of $265,850.24 and electronic deposit transmissions in the amount of $1,231,418.56 for a grand total of $1,497,268.80 for the period covering December 13, 2012 to December 26, 2012. E. Public Works Project No. CP1122 (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-423 with Otak for engineering services for Project No. CP1122, 30th Street NE Area Flooding, Phase 1 F. Public Works Project No. CP1206 (Wagner/Dowdy) City council approve Final Pay Estimate No. 5 to Contract No. 12-10 in the amount of $266.85 and accept construction of Project No. CP1206, 2012 Pavement Patching, Chipseal and Overlay Project Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda consists of claims and payroll vouchers and public works projects. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS Immediately following Item II.C of these minutes, Mayor Lewis recessed the meeting to a closed session at 7:46 p.m. pursuant to RCW 42.30.140(4)(b) to discuss the City’s position related to collective bargaining. Mayor Lewis reconvened the meeting at 8:07 p.m. Councilmember Partridge moved and Councilmember Wales seconded to adopt Resolution No. 4897. City Attorney Heid read the title of Resolution No. 4897. Page 5 of 9 CA.A Page 31 of 86 RESOLUTION NO. 4897 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Collective Bargaining Agreement between the City of Auburn and the International Association of Machinists and Aerospace Workers, Local 160 for 2013-2015 MOTION CARRIED UNANIMOUSLY. 7-0 VII. ORDINANCES A. Ordinance No. 6447 (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 3.04.090 of the Auburn City Code relating to the Cemetery Endowment Care Fund Councilmember Partridge moved and Councilmember Wales seconded to adopt Ordinance No. 6447. The Ordinance changes the amount of the endowment charge from 15 percent to 10 percent and removes the fee from the code and includes it in the fee schedule. MOTION CARRIED UNANIMOUSLY. 7-0 B. Ordinance No. 6450 An Ordinance of the City Council of the City of Auburn, Washington, approving the request of Orion Industries for a rezone from P-1, Public Use District to C-3, Heavy Commercial and for rescission of a contract rezone to implement the Comprehensive Plan and amending the City's zoning maps accordingly Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Ordinance No. 6450. The Ordinance approves a rezone of one parcel from Public Use District to Heavy Commercial and rescinds a contract rezone. The property is located at 1580 A Street NE and consists of a park and ride facility and vacant land. MOTION CARRIED UNANIMOUSLY. 7-0 Mayor Lewis thanked Planning Department staff, other staff members and Orion Industries for their efforts. VIII. RESOLUTIONS A. Resolution No. 4895 (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 Page 6 of 9 CA.A Page 32 of 86 Councilmember Partridge moved and Councilmember Wales seconded to adopt Resolution No. 4895. The Resolution authorizes the surplus of two police vehicles that have reached the end of their useful life. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 4896 (Partridge/Heid) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an addendum to the Interlocal Agreement between the City of Auburn and the City of Pacific for information services technology Councilmember Partridge moved and Councilmember Wales seconded to adopt Resolution No. 4896. The Resolution authorizes an extension of an existing interlocal agreement with the City of Pacific for information technology services through December 31, 2013. The contract provides for full cost recovery. MOTION CARRIED UNANIMOUSLY. 7-0 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported on her attendance at the Pacific Islanders' Tanoa Football Bowl luncheon and game, the Auburn Valley Humane Society gala, and South Sound Chamber of Commerce Legislative Coalition. Councilmember Wagner reported on his attendance at the Regional Access Mobility Partnership of Pierce County meeting where transportation funding was discussed. Councilmember Wagner also attended the Auburn Valley Humane Society gala and congratulated Councilmember Partridge on the event. Councilmember Wales reported that she attended the Regional Access Mobility Partnership Forum meeting and an orientation as a new King County Board of Health member. Councilmember Wales also announced that she was recently appointed to the National League of Cities Human Development Steering Committee. Councilmember Holman reported on his attendance at the Washington State Forensics Investigation Council and the Puget Sound Regional Page 7 of 9 CA.A Page 33 of 86 Council Growth Management Policy Board where a topic of discussion was ecosystem valuation. Councilmember Peloza announced that he has been appointed as vice chair of the National League of Cities Energy, Environment and Natural Resources Committee. Councilmember Peloza also reported that he volunteered at the Senior Center Christmas dinner and worked on a grant application for a King Conservation District grant for the Auburn International Farmers Market. Councilmember Peloza also reported on his attendance at the Auburn Valley Humane Society gala and the South Sound Chamber of Commerce Coalition breakfast. Councilmember Osborne reported that he attended the Auburn Valley Humane Society gala and the South Sound Chamber of Commerce Coalition breakfast. Councilmember Partridge offered no report. Councilmember Largo thanked Councilmember Peloza for his work on the King County Solid Waste Advisory Committee and his efforts in promoting recycling that resulted in the location of a mattress recycling center on Clay Street in Auburn. B. From the Mayor Mayor Lewis thanked Deputy Mayor Backus and Councilmember Peloza for attending several events in December on his behalf. Mayor Lewis congratulated Councilmember Partridge as emcee for the Auburn Valley Humane Society gala and the acquisition of eleven new charter members for the Society. Mayor Lewis reported that he attended the 80th birthday celebration for Dr. Jim Fugate, the Pierce County Cities and Towns meeting, meetings with Senator Joe Fain and Representative Pat Sullivan, and the Valley Communications Board meeting. X. EXECUTIVE SESSION Mayor Lewis recessed the meeting at 8:45 p.m. for approximately fifteen minutes to discuss real property sale and acquisition pursuant to RCW 42.30.110(1)(c). Department directors required for the executive session were Parks, Arts and Recreation Director Faber, Planning and Development Director Snyder, Public Works Director Dowdy, and City Attorney Dan Heid. At 9:01, the executive session was extended an additional ten minutes. Mayor Lewis reconvened the meeting at 9:08 p.m. XI. ADJOURNMENT Page 8 of 9 CA.A Page 34 of 86 There being no further business to come before the Council, the meeting adjourned at 9:08 p.m. APPROVED the 22nd day of January, 2013. _____________________________ _____________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 9 of 9 CA.A Page 35 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: 2012 Claims Vouchers Date: January 15, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:January 22, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 36 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: 2013 Claims Vouchers Date: January 17, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:January 22, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 37 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: January 15, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 533533 through 533571 in the amount of $846,539.14 and electronic deposit transmissions in the amount of $1,164,477.43 for a grand total of $2,011,016.57. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:January 22, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 38 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. EM0902 Date: January 16, 2013 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate No. 5 to Contract No. 12-14 in the amount of $21,788.99 and accept construction of Project No. EM0902 Temporary Flood Control Barrier Removal. Background Summary: In 2009, the City of Auburn installed a variety of temporary flood control barriers on behalf of King County to protect the City from the potential for flooding along the Green River and Mill Creek from the reduced capacity of the Howard Hanson Dam. See attached vicinity map for the locations of the barriers. This project removed the temporary flood control barriers and restored the disturbed areas back to their original condition. A project budget contingency of $792,260.25 remains in the King County Flood Control District fund. A project budget contingency of $264,087.42 remains in the King County Flood Control District Opportunity Fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:January 22, 2013 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 39 of 86 H:\PROJ\EM0902 Green River-Howard Hanson\EM0902 Contract 12-14 Temp. Flood Control Barriers Removal\Budget\BudgetStatusSheet 062612.xlsx 1 of 1 Project No: EM0902 Project Title: Project Manager: Kim Truong Initiation/Consultant Agreement Initiation Date: _________ Permission to Advertise Advertisement Date: _07/03/12___ Contract Award Award Date: __7/16/12_________ Change Order Approval Contract Final Acceptance Funding Prior Years 2012 2013 Total King County Flood Control District (KCFCD)1,575,520 30,000 1,605,520 KCFCD Opportunity Fund 525,174 10,000 535,174 Total 0 2,100,694 40,000 2,140,694 Activity Prior Years 2012 2013 Total Design and Construction Engineering - City Costs 71,485 5,000 76,485 Construction Contract Bid 995,525 995,525 Change Order #1 33,382 33,382 Change Order #2 52,013 52,013 Change Order#3 (4,490)(4,490) Line Item Changes (103,568)(103,568) Other 35,000 35,000 Total 0 1,044,346 40,000 1,084,346 Prior Years 2012 2013 Total *KCFCD Funds Budgeted ( )0 (1,575,520)(30,000)(1,605,520) KCFCD Funds Needed 0 783,260 30,000 813,260 *KCFCD Fund Project Contingency ( )0 (792,260)0 (792,260) KCFCD Funds Required 0 0 0 0 Prior Years 2012 Future Years Total *Opportunity Funds Budgeted ( )0 (525,174)(10,000)(535,174) Opportunity Funds Needed 0 261,087 10,000 271,087 *432 Fund Project Contingency ( )0 (264,087)0 (264,087) 432 Funds Required 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. BUDGET STATUS SHEET Temporary Flood Control Barrier Removal Date: January 15, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) King County Flood Control District Budget Status KCFCD Opportunity Fund Budget Status CA.E Page 40 of 86 CA.E Page 41 of 86 CA.E Page 42 of 86 CA.E Page 43 of 86 CA.E Page 44 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1116 Date: January 16, 2013 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate No. 8 Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate No. 8 to Contract No. 11-20 in the amount of $10,429.69 and accept construction of Project No. CP1116, Downtown Pedestrian Lighting Replacement. Background Summary: The project replaced 62 of the existing teal pedestrian lights in the downtown area with the new Downtown standard black LED pedestrian lights. Locations are as shown on the attached map. A project budget contingency of $3,946.17 remains in the Local Revitalization Fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:January 22, 2013 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 45 of 86 Project No: CP1116 Project Title: Project Manager: Kim Truong Project Initiation Initiation Date: ___September 6, 2011______ Permision to Advertise Date: January 15, 2013 Advertisement Date: ___September 6, 2011__ Contract Award Award Date: _October 17, 2011_____ Change Order Approval Contract Final Acceptance Funding Prior Years 201120122013Total 330 Local Revitalization Funds 5,412 477,5882,000 485,000 Total 05,412477,5882,000485,000 BUDGET STATUS SHEET Downtown Pedestrian Lighting Replacement The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Activity Prior Years 201120122013Total Design Engineering - City Costs 5,012 192 5,204 Construction Contract Bid 463600463,600 Line Item Changes (1,505)(1,505) Construction Engineering - City Costs 40011,3552,00013,755 Total 05,412473,6422,000481,054 Prior Years 201120122013Total *330 Funds Budgeted ( )0(5,412)(477,588)(2,000)(485,000) 330 Funds Needed 05,412473,6422,000481,054 *330 Fund Project Contingency ( )00(3,946)0(3,946) 330 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 330 Local Revitalization Funds Budget Status Estimated Cost (Funds Needed) H:\PROJ\CP1116 Dwntown Ped Lighting\Budget\Downtown Ped Lighting - BudgetStatusSheet.xls1 of 1CA.F Page 46 of 86 CA.F Page 47 of 86 CA.F Page 48 of 86 CA.F Page 49 of 86 CA.F Page 50 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6441 Date: January 15, 2013 Department: Administration Attachments: Ord 6441 Jr. City Council Application Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Heid Meeting Date:January 22, 2013 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 51 of 86 ORDINANCE NO 6 4 4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 2.07 OF THE AUBURN CITY CODE RELATING TO THE AUBURN JUNIOR CITY COUNCIL WHEREAS, the youth of the City of Auburn are a valuable resource for the future of the City, the State and the Country; and WHEREAS, the City and the schools serving Auburn students work very well together on projects to cultivate and foster this valuable resource, and WHEREAS, there already exists, as a resource/program in the Parks, Arts and Recreation Department, a youth commission to assist in functions involving recreation and youth activities to foster healthy environments for youth; and WHEREAS, there is an alternate need to create an environment which would give to the youth of the City opportunities to acquaint themselves with local government, and foster an understanding of municipal law and the functions and operations of cities as well as government in general; and WHEREAS, to continue promoting the youth of the City toward these areas of civic involvement, it is advantageous to create a Junior City Council which could work with the City Council to add a youth perspective to matters being addressed by the City Council, and through which the City Council could receive from the Junior City Council proposals and suggestions, give such proposals and suggestions due consideration for possible action, provide timely feedback to the Junior City Council about the status of such proposals and suggestions, welcome their testimony and presentations at meetings of the full City Council and its committees regarding proposed proposals and suggestions from the Junior City Council, and Ordinance No. 6441 January 7, 2013 Page 1 of 7 ORD.A Page 52 of 86 support in other ways the role and participation of the Junior City Council. 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 2.07 of the Auburn City Code - Auburn Junior City Council - be and the same hereby is created to read as follows: Chapter 2.07 AUBURN JUNIOR CITY COUNCIL Sections: 2.07010 Created. 2.07020 Purpose 2.07030 Goals. 2.07040 Membership 2.07050 Term of Office. 2.07060 Responsibilities. 2.07070 Meetings. 2.07080 Sub-Committee Structure. 2.07060 Staff support. 2.07010 Created There is hereby created and established an Auburn Junior City Council in and for the City of Auburn. 2.07020 Purpose. The Auburn Junior City Council shall serve as an advisory body to the regularly elected or appointed Auburn City Council (City Council), other city boards, commissions and city staff on youth aspects of all City functions, including but not limited to, Parks, Recreation, Transportation, Public Works, Land Use Planning, Finance, Public Safety, Diversity and Human Services. 2.07030 Goals. The Auburn Junior City Council shall promote leadership skills and the communication of ideas of youth, particularly as they relate to local representative government and governmental services. The Auburn Junior City Council's goals shall be to Ordinance No. 6441 January 7, 2013 Page 2 of 7 ORD.A Page 53 of 86 A. Find solutions for local youth problems and report these to the City Council. B Provide community youth with an outlet for expressing interests and opinions, including: 1 Interests and opinions regarding city ordinances, proposed ordinances and other matters that might lend themselves to future ordinances. 2.Interests and opinions regarding city policies, proposed policies and other matters that might lend themselves to future policies. 3. Interests and opinions regarding action that the city is taking or action that the city is considering C Consider issues in light of the legal parameters applicable to city action. D Help make the public, including the youth of the city, aware of the action of the City Council and the role the Auburn Junior City Council can play in connection therewith. E. Suggest ways to improve the quality of life for young people, and suggest other programs beneficial and of interest to the youth of the city 2.07040 Membership A. The Auburn Junior City Council shall consist of nine (9) members. The members shall be appointed by the Mayor, and confirmed by the City Council from among students who have been nominated by the principals of the schools that they attend, with input from their teachers and counselors. The nomination of members shall be based upon consideration of criteria including: interest in government, positive participation in civics classes, academic accomplishments, involvement in school and community activities and other factors that identify a prospective member as a valuable contributor to the Auburn Junior City Council. Those considering prospective members, making nominations and appointing or confirming members to the Junior City Council shall endeavor to include diverse members of the City's population, including one or more representatives of the Muckleshoot Indian Tribe. B In the process of nominating members to the Junior City Council, those nominating such members shall strive to seek representation of various schools, and to the extent reasonably possible, assemble a slate consisting of eight members, one each from the four high schools and the four middle schools and one member at large, or such other strategy representing various schools so that their membership represents a diverse cross-section of the student population of middle schools and high schools in the city C All students on the Junior City Council shall be residents of the City of Auburn, and shall be residents of the city during their entire term of office. If a student is a resident of the City of Auburn but attends a school located outside the City, e.g., Thomas Jefferson High School, such student would be eligible to participate on the Junior City Council, if selected. D The Junior Council members shall serve without compensation. Ordinance No. 6441 January 7, 2013 Page 3 of 7 ORD.A Page 54 of 86 E. Each member shall serve a term of two years. The Mayor and City Council shall annually solicit nomination from the school principals, and appoint and confirm new members to fill the expiring terms on the Auburn Junior City Council. The City Council may remove an Auburn Junior City Council member at any time if the City Council determines that member is not fulfilling his or her responsibilities to the satisfaction of the City Council. Members of the Junior City Council who fail to attend two consecutive regular meetings of the Junior City Council without being excused by the Chairperson, or excused by a majority of the membership of the Junior City Council, shall forfeit their positions on and be removed from the Junior City Council. F In the event of a vacancy on the Junior City Council, the Mayor and City Council shall solicit nominations from the school principals and shall appoint and confirm a new member to fill the unexpired term of that Auburn Junior City Council member; Provided that the Junior City Council may also nominate members to fill the un-expired term vacancies. Unless the appointed replacement member is replacing the at-large member of the Junior City Council, the appointed replacement member shall be from the same school as the member being replaced Notice must be made to that school to solicit applications and nominations for the position to be refilled at least thirty (30) days before the appointment is intended to be made G All members of the Auburn Junior City Council shall serve until their successors are duly appointed by the City Council. H The members will elect a Chairperson from among themselves. The Chairperson will be elected annually at the first meeting following the beginning of the school year The Chairperson will be allowed to vote on all matters. I A quorum of the Junior City Council shall consist of at least five members, and a minimum of five members must be present to vote on matters. J The Deputy Mayor or designee shall serve as Liaison to the Junior City Council, participating as a non-voting member of the Junior City Council, to encourage and counsel the members of the Junior City Council in connection with their duties as members of the Junior City Council. 2.07050 Term of Office. A. The term of office for the members of the Junior City Council shall be two years. Members shall be students during their entire term. Middle School students shall be selected for two-year terms from 7th grade classes, so they can fulfill their full terms while attending the same school. High School students shall be selected for two-year terms from 9th, 10th or 11th grade classes, so they can fulfill their full terms while attending the same school. B Terms of office shall run from September of the first year of appointment through August of the second year of appointment, provided that for the initial appointees to the Junior City Council, five (5) of the members shall be appointed for terms commencing upon appointment and confirmation, and Ordinance No. 6441 January 7, 2013 Page 4 of 7 ORD.A Page 55 of 86 expiring at the end of August of the following year; and four (4) of the members shall be appointed for terms commencing upon appointment and confirmation, and expiring at the end of August of that same year Thereafter, members shall be appointed in staggered terms for the full two years, commencing with the expiration of the term of those they succeed. C An additional two year term for members of the Junior City Council may be allowed so long as the member will be a student during the entire additional term. 2.07 060 Responsibilities. A. The Auburn Junior City Council shall be responsible for- 1 Holding regular public meetings at least once a month, pursuant to a regular agenda, and to keep a written record of its proceedings which shall be a public record, all in accordance with state law; 2. Serving as youth advisors to the City Council and the City Council's various boards, commissions and task forces, 3 Adopting bylaws for the regular operation of the Junior Council; 4 Providing outreach to the community in an effort to place youth issues before our citizens in a positive manner; and 5 Forwarding to the City Council copies of the minutes of its meetings and reporting to the City Council as requested and/or as appropriate. B Members of the Junior City Council are encouraged to attend meetings of the City Council as well as meetings of the various boards and commissions of the City 2.07070 Meetings A. The regular meetings of the Junior City Council shall be held once per month at a regularly scheduled date and time, and shall be held in the Auburn City Council Chambers at City Hall. B The Chairperson shall preside over the meetings of the Junior City Council. In the absence of the Chairperson at a meeting, the members of the Junior City Council shall select a member of the Junior City Council to preside over such meeting C All meetings of the Junior City Council shall be open to the public, except as provided by law D In the meetings of the Junior City Council there shall be the opportunity for public comment. Such public comment shall usually be limited to three minutes per person, provided that the Chairperson may, in his/her discretion, allow more time E. Members of the Junior City Council shall display mutual courtesy, patience and appropriate behavior in all meetings of the Junior City Council, and in any interactions with City staff Ordinance No 6441 January 7, 2013 Page 5 of 7 ORD.A Page 56 of 86 F Roberts Rules of Order, Newly Revised Edition, shall be used as the basis for parliamentary procedure at all meetings of the Auburn Junior City Council and any of its sub-committees. G Any action taken by the Junior City Council shall be reduced to writing and shall be forwarded to the Auburn City Council, via appropriate City staff 2.07080 Sub-Committee Structure. A. The Junior City Council may informally divide its members into sub- committees to consider different topics of interest. To the extent that it deems appropriate and helpful, the sub-committees will parallel the City Council committees of Finance, Public Works, Planning & Community Development, Municipal Services, and the Les Gove Community Campus. B The sub-committees will meet on an as needed basis. C The sub-committees shall consist of at least three (3) members of the Junior City Council, but shall consist of less than a quorum of the Junior City Council (less than five [5] members) D Any discussions or recommendations of any sub-committees shall be communicated to and shared with the full Junior City Council. E. The sub-committees shall not constitute legislative or agency bodies so as to trigger the requirement that the subcommittees comply with the Washington State Open Public Meetings Act (RCW Chapter 42.30) 2.07 090 Staff support. The Mayor shall appoint appropriate staff as he or she deems appropriate to assist the Auburn Junior City Council in the preparation of its reports and records as are necessary for the operation of the Junior Council. 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. 6441 January 7, 2013 Page 6 of 7 ORD.A Page 57 of 86 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 APPRO A TO FORM: Daniel B Heid, y Attorney Published: Ordinance No. 6441 January 7, 2013 Page 7 of 7 ORD.A Page 58 of 86 Junior City COUNCIL www.auburnwa.gov Disclaimer - This event/activity is not being sponsored by the Auburn School District and the District assumes no responsibility for the conduct or safety of the event/activity. In consideration for the privilege to distribute these materials, the Auburn School District shall be held harmless from any cause of action, claim or petition filed in any court or administrative tribunal arising out of the distribution of these materials, including all costs, attorney’s fees and judgments or awards. AUBURN The Auburn Junior City Council is open to any middle and high school aged student attending school in the Auburn School District. As a member of the Auburn Junior City Council, you attend regular monthly meetings at Auburn City Hall, located at 25 West Main St. and will take an active role in representing the youth voice in regards to City policies. If you’re interested in serving on the Auburn Junior City Council, fill out the application below and you will be contacted by a City official to process your application. Student details (Please print clearly) First Name:Last Name: Current Grade:Gender· qMale qFemale School attending:Date of birth: (MM/DD/YYYY) Address City: State:Zip Code Primary phone:Alt. phone:Email address: Do you have a special dietary (e.g. food allergy) or participation requirements. qYes qNo If yes, please explain: If selected, can you honor the time commitment required for service? qYes qNo As a teen in Auburn, what concerns you? Tell us about your experiences you have had while working on issues concerning youth. Tell us about your volunteer experience, honors, awards, hobbies, etc . What can you contribute to the Auburn Junior City Council? Why do you want to be involved in the Auburn Junior City Council? ORD.A Page 59 of 86 Junior City COUNCIL www.auburnwa.gov Disclaimer - This event/activity is not being sponsored by the Auburn School District and the District assumes no responsibility for the conduct or safety of the event/activity. In consideration for the privilege to distribute these materials, the Auburn School District shall be held harmless from any cause of action, claim or petition filed in any court or administrative tribunal arising out of the distribution of these materials, including all costs, attorney’s fees and judgments or awards. AUBURN Emergency contact (parent or guardian) First Name:Last Name: Their relationship to you (eg. mother):Primary Phone:Alt. Phone: Student signature (applicant) If you are under 18 years of age, your parent /legal guardian must also sign Date: Parent/legal guardian (Please print) Parent/legal guardian signature:Date: As parent I guardian I authorize appropriate first aid to be administered to my child by a qualified first aid officer in the event of InJury (check one) qYes qNo Please complete and return to: Auburn Junior City Council c/o City Clerk 25 West Main St. Auburn, WA 98001 ORD.A Page 60 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6448 Date: December 20, 2012 Department: City Attorney Attachments: Ord 6448 Budget Impact: $0 Administrative Recommendation: City Council adopt Ordinance No. 6448. Background Summary: If the question were asked whether it was necessary for gifts, even of a relatively small dollar amount, to go through the statutory process - council acceptance/ordinance, without some type of blanket ordinance, the answer would seem to be "yes." However, with a blanket authorization (such as the draft ordinance), department heads can manage acceptance of gifts to the City without taking each donation to Council, though that could still certainly be done, and the City may want to do that in certain situations, even if just to make its acceptance more public and formal. By way of background, while members of the Legal department were working with Parks Department staff to update its Rules and the Parks Code, certain provisions were drawn into attention. Provisions in the Rules and the Parks Code have procedures that address accepting donations and sponsorships but that do not automatically comply with state statute - acceptance by ordinance. In other words, there is a procedure that addresses how gifts are to be processed, but that does not necessarily include accepting a gift by ordinance. The proposed ordinance was drafted to meet the ordinance requirement of RCW 35.21.100 (below). Certainly, if we are aware that a special gift is coming in, the City could still choose to prepare an ordinance to accept the gift. But the ordinance - new code provision - would take care of things when that was not done. RCW 35.21.100 Donations -- Authority to accept and use. Every city and town by ordinance may accept any money or property donated, devised, or bequeathed to it and carry out the terms of the donation, devise, or bequest, if within the powers granted by law. If no terms or conditions are attached to the donation, devise, or bequest, the city or town may expend or use it for any municipal purpose. [1965 c 7 35.21.100. Prior: 1941 c 80 1; Rem. Supp. 1941 9213-8.] Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDORD.B Page 61 of 86 Finance, Municipal Services Councilmember:Partridge Staff:Heid Meeting Date:January 22, 2013 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B Page 62 of 86 ORDINANCE NO 6 4 4 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 2.87 OF THE AUBURN CITY CODE RELATING TO THE ACCEPTANCE OF GIFTS AND DONATIONS TO THE CITY WHEREAS, RCW 35.21 100 provides that the City may, by ordinance, accept gifts and donations; and WHEREAS, the City has historically accepted gifts and donations on a case-by-case basis, and WHEREAS, the City Council believes that the administrative acceptance of certain gifts and donations is in the City's best interests, and in order to accommodate the receipt of gifts more generally, it would be beneficial to provide for such through the adoption of an ordinance creating a specific new Chapter to the City Code therefor NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Creation of New Chapter to City Code. That a new Chapter 2.87 "Gifts and Donations" of the Auburn City Code be and the same hereby is created to read as follows: Chapter 2.87 Gifts and Donations Sections. 2.87 010 Acceptance of Gifts and Donations Authorized. 2.87020 Restrictions on Gifts and Donations. 2.87030 Gifts and Donations of Real Property 2.87040 Accounting for Gifts and Donations. Ordinance No. 6448 December 17, 2012 Page 1 of 3 ORD.B Page 63 of 86 2.87.010 Acceptance of Gifts and Donations Authorized. The Mayor is authorized to accept gifts and donations of money or personal property donated, devised, or bequeathed to the City and to direct expenditures of those donations. Additionally, Department Directors are authorized to accept gifts and donations to their specific Departments. The City Clerk shall thereafter provide notice to the Finance Department and/or the Property Manager, as appropriate. 2.87.020 Restrictions on Gifts and Donations. If a proposed gift or donation contains a restriction on the use of the gift or donation, the City Attorney's Office shall verify in writing that the City is able, within its legal authority, to comply with the restriction. 2.87.030 Gifts and Donations of Real Property Gifts and donations of Real Property shall be accepted by action of the City Council. 2.87.040 Accounting for Gifts and Donations. A. A record of all moneys and property accepted by the City shall be provided, upon acceptance, to the Mayor, City Clerk, and to the Finance Department and/or the Property Manager, as appropriate. The Finance Department and Property Manager shall maintain records and accounts thereof in accordance with state and City laws and policies. B Expenditures of monetary gifts shall comply with the provisions of ACC 3.10 020, as appropriate. 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. 6448 December 17, 2012 Page 2 of 3 ORD.B Page 64 of 86 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 APPROVE AS TO FO M' 2 iel B Fteid, City Attorn y Published Ordinance No. 6448 December 17, 2012 Page 3 of 3 ORD.B Page 65 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4886 Date: November 28, 2012 Department: Parks/Art and Recreation Attachments: Res 4886 Cemetery Fee Schedule Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4886. Background Summary: Staff continues to implement business practices that will assist the financial health of the Cemetery. It is recommended that the Endowed Care Fund allocation be modified as described. The recommended change will increase the cost of graves, niches and crypts 10%. This will relate to an approximate revenue increase of $30,000 annually. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Faber Meeting Date:January 22, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 66 of 86 RESOLUTION NO 4 8 8 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY OF AUBURN FEE SCHEDULE RELATING TO FEES CHARGED BY THE CEMETERY WHEREAS, in connection with the municipal functions and operations of the City of Auburn, the City provides various public services, a number of which entail fees; and WHEREAS, the City Council provided for adoption of a City of Auburn Fee Schedules in the adoption of Ordinance No 5707, and WHEREAS, in the normal course of reviewing cemetery fees and costs, it is appropriate to revise and amend amounts charged for certain materials and services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES, as follows. Section 1. Section E of the City of Auburn Fee Schedule related to City Cemetery Fees is hereby amended and updated as set forth in the attached Exhibit "A," incorporated herein by this reference. Section 2. The Mayor is 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 affect upon passage and signatures hereon. DATED and SIGNED this day of 2012. CITY OF AUBURN PETER B. LEWIS, MAYOR Resolution No. 4886 November 27, 2012 Page 1 of 2RES.A Page 67 of 86 E. CITY CEMETERY FEES (Per Ordinance 5715, Resolution No. 3797, Resolution No. 3953, Resolution No. 4027, Resolution No. 4103, Resolution No. 4117, Resolution No. 4272 Resolution No. 4424, Resolution No. 4552, Resolution No. 4675,_Resolution 4778 and Resolution No. 4880. and Resolution No. GRAVES Section 9A and 913 2,395.00 - $2,495.00 All other adult graves 1,995.00 -$2,195.00 Child's Place 30000 Double Depth (includes 2 burial spaces /2 liners) 4,39000 Section 9A & 9B (Quads & Upright monument plots)3,995 00 each Section 96 (Dry river bed area — Block 41 A) 4,995 00 each new GROUND CREMATION PLOTS Centennial Urn Garden (single) 695.00 - $995.00 Centennial Urn Garden (double) 1,29500 Section 9 Upright Section Urn Plots (4 urns) 3,19500 NICHES Mausoleum (top rows available only) Single 695.00 Centennial Columbarium II (1 or 2 urns) Row 1 Top SOLD OUT Row 2 Middle SOLD OUT Row 3 Middle 1,795.00 - $1,895.00 Row 4 Bottom 1,695.00 - $1,795.00 CHAPEL OF MEMORIES — INTERIOR NICHES* Niche Dimensions 12 x 12 Single 2,195.00 — $3,595 00 12 x 18 Double 3,295.00— $5,995 00 12 x 24 Family (up to 3 urns) 6,895.00— $8,295 00 The above niche prices include one bud vase per niche. Inurnment will be $395.00 - $495.00 per occasion. See guidelines for additional pertinent information. A single inscription on the glass front is $175.00 - $195 00 plus tax. Urn's to be purchased separately CHAPEL OF MEMORIES — EXTERIOR NICHES* Rows 4, 5 & 6 Rows 2 & 3 Rows 1, 7 & 8 Niche 2,69500 2,29500 1,89500 If the niche (external) is to be used as a double niche, the inurnment, inscription and tax will be due when a second urn is placed. (Row 1 is the bottom row) OVERTIME WILL BE CHARGED AT $150.00 - $175.00 PER HOUR AFTER 4:30 P M., MONDAY THROUGH FRIDAY THE SATURDAY SERVICE CHARGE IS $595.00 - $695.00 FOR FULL INTERMENT AND $325.00 -$395 00 FOR CREMATION SERVICES EXTENDED LAND USE 495.00 MEMORIAL PLAQUE - $175.00 additional for inscription + tax 295.00 SERVICES Chapel of Memories" rental for services 195.00 Opening and Closing —Ground Burials Liner/Vault 1,195 00 - $1,295.00 Children's Place 295.00 Opening and Closing —Cremation ForestWalk 495.00 - $595.00 RES.A Page 68 of 86 Cremation Plot 495.00 - $595.00 Niche - $175.00 - $195.00 for additional inscription + tax $39500 Opening and Closing — Entombment - $175.00 - $195 00 $89500 inscription + tax Vault Installation + tax 39500 Marker Services Flat Grass: Setting Fee + tax 295.00 Resetting Fee + tax 15000 New Inspection Fee for outside sales 150.00 Upright: Setting Fee + tax 425.00 Resetting Fee 325.00 Vase Setting Fee + tax 4500 Recording Fee 10000 Overtime Charge— per hour 17500 Saturday Service Fee Full Interment 595 00 - $695.00 Cremation 325.00 - $395.00 MATERIALS Flower Vases: (prices include vase setting fee) Standard 125.00 Deluxe Cast Zinc (gray or bronze zinc) 175.00 Deluxe Wall (brass) 175.00 Liners: Concrete Liner+ tax 595 00 - $695.00 Mountain View Vault (+ installation fee & tax) 795.00 - $995.00 Double Depth + tax 89500 Infant + tax as required Urn Encasement + tax 195.00 Vault Installation + tax 395.00 - $495.00 FORESTWALK INFORMAL CREMATION GARDEN Single 3' Double 4' Single Ground Plot $695 00 - $995.00 Double Ground Plot $2,195.00-$3,995.00 Feature Site 4' Wishing Well Double Ground Plot $SOLD OUT Scattering 295.00 monument and tax Biodegradable Urn 125.00 + tax Add for 2nd Inurnment 495.00 Granite Memorials - start at $295.00 + tax Add for 2nd Marker Inscription $195.00+ tax CEMETERY ENDOWMENT CARE FEE 10% of the base, pre-tax sales price of each grave, niche, and crypt. RES.A Page 69 of 86 E. CITY CEMETERY FEES (Per Ordinance 5715, Resolution No. 3797, Resolution No. 3953, Resolution No. 4027, Resolution No. 4103, Resolution No. 4117, Resolution No. 4272 Resolution No. 4424, Resolution No. 4552, Resolution No. 4675, Resolution 4778, Resolution No. 4880, and Resolution No. _____.) GRAVES Section 9A and 9B $2,395.00 - $2,495.00 All other adult graves $1,995.00 - $2,195.00 Child’s Place $300.00 Double Depth (includes 2 burial spaces / 2 liners) $4,390.00 Section 9A & 9B (Quads & Upright monument plots) $3,995.00 each Section 9B (Dry river bed area – Block 41A) $4,995.00 each new GROUND CREMATION PLOTS Centennial Urn Garden (single) $695.00 - $995.00 Centennial Urn Garden (double) $1,295.00 Section 9 Upright Section Urn Plots (4 urns) $3,195.00 NICHES Mausoleum (top rows available only) Single $695.00 Centennial Columbarium II (1 or 2 urns) Row 1 Top SOLD OUT Row 2 Middle SOLD OUT Row 3 Middle $1,795.00 - $1,895.00 Row 4 Bottom $1,695.00 - $1,795.00 CHAPEL OF MEMORIES – INTERIOR NICHES* Niche Dimensions 12 x 12 Single $2,195.00 – $3,595.00 12 x 18 Double $3,295.00 – $5,995.00 12 x 24 Family (up to 3 urns) $6,895.00 – $8,295.00 *The above niche prices include one bud vase per niche. Inurnment will be $395.00 - $495.00 per occasion. See guidelines for additional pertinent information. A single inscription on the glass front is $175.00 - $195.00 plus tax. Urn’s to be purchased separately. CHAPEL OF MEMORIES – EXTERIOR NICHES* Rows 4, 5 & 6 Rows 2 & 3 Rows 1, 7 & 8 Niche $2,695.00 $2,295.00 $1,895.00 *If the niche (external) is to be used as a double niche, the inurnment, inscription and tax will be due when a second urn is placed. (Row 1 is the bottom row) OVERTIME WILL BE CHARGED AT $150.00 - $175.00 PER HOUR AFTER 4:30 P.M., MONDAY THROUGH FRIDAY. THE SATURDAY SERVICE CHARGE IS $595.00 - $695.00 FOR FULL INTERMENT AND $325.00 - $395.00 FOR CREMATION SERVICES. EXTENDED LAND USE $495.00 MEMORIAL PLAQUE - $175.00 additional for inscription + tax $295.00 SERVICES “Chapel of Memories” rental for services $195.00 Opening and Closing – Ground Burials Liner/Vault $1,195.00 - $1,295.00 Children’s Place $295.00 Opening and Closing – Cremation ForestWalk $495.00 - $595.00 RES.A Page 70 of 86 Cremation Plot $495.00 - $595.00 Niche - $175.00 - $195.00 for additional inscription + tax $395.00 Opening and Closing – Entombment - $175.00 - $195.00 inscription + tax $895.00 Vault Installation + tax $395.00 Marker Services Flat Grass: Setting Fee + tax $295.00 Resetting Fee + tax $150.00 New Inspection Fee for outside sales $150.00 Upright: Setting Fee + tax $425.00 Resetting Fee $325.00 Vase Setting Fee + tax $45.00 Recording Fee $100.00 Overtime Charge – per hour $175.00 Saturday Service Fee Full Interment $595.00 - $695.00 Cremation $325.00 - $395.00 MATERIALS Flower Vases: (prices include vase setting fee) Standard $125.00 Deluxe Cast Zinc (gray or bronze zinc) $175.00 Deluxe Wall (brass) $175.00 Liners: Concrete Liner + tax $595.00 - $695.00 Mountain View Vault (+ installation fee & tax) $795.00 - $995.00 Double Depth + tax $895.00 Infant + tax **as required Urn Encasement + tax $195.00 Vault Installation + tax $395.00 - $495.00 FORESTWALK INFORMAL CREMATION GARDEN Single 3’ Double 4’ Single Ground Plot $695.00 - $995.00 Double Ground Plot $2,195.00-$3,995.00 Feature Site 4’ Wishing Well Double Ground Plot $SOLD OUT Scattering $295.00 + monument and tax Biodegradable Urn $125.00 + tax Add for 2nd Inurnment $495.00 Granite Memorials - start at $295.00 + tax Add for 2nd Marker Inscription $195.00+ tax CEMETERY ENDOWMENT CARE FEE 10% of the base, pre-tax sales price of each grave, niche, and crypt. RES.A Page 71 of 86 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4898 Date: January 16, 2013 Department: Public Works Attachments: Res 4898 Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4898. Background Summary: Resolution No. 4898 authorizes the Mayor and City Clerk to execute an Interlocal Agreement for services between the City of Auburn and King County including citywide pavement marking maintenance, annual bridge inspections and related repair work, cleaning drainage facilities, and emergency call-out services. Previous contracts with private contractors have been difficult to manage, provided poor customer service, inadequate traffic control, and poor quality control. Since 2008 King County Road Services Division has provided the city with excellent customer service and quality control in their roadway striping and markings services for a competitive price. King County also provides required annual bridge inspections and related maintenance services, and is available for support in the event of an emergency. In addition, King County can provide cost effective cleaning for our drainage facilities which we have had difficulty getting competative bids on in the past. Staff proposes to continue this productive and effective interlocal agreement. There is $200,000.00 budgeted for pavement marking improvements in the Street Fund, $5,000.00 is budgeted for bridge inspections in the Engineering Fund and $50,000.00 is budgeted for bridge related improvements in the Arterial Street Fund for 2013. In addition, there is $500,000 budgeted for pond and ditch cleaning in the Storm Fund. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:January 22, 2013 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 72 of 86 AUBURN * MORE THAN YOU IMAGINEDRES.B Page 73 of 86 RESOLUTION NO 4 8 9 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR THE PURPOSE OF PROVIDING ROAD SERVICES WHEREAS, the City of Auburn owns public roads, traffic devices, and storm infrastructure which require periodic maintenance and/or other improvements; and WHEREAS, King County Road Services Division is in a position to provide certain emergency services, bridge inspections, road and storm maintenance and improvements services for the City at a cost that is advantageous to the City; and WHEREAS, the City wishes to contract with the King County Road Services Division for such emergency, bridge inspections, road and storm maintenance and improvements services; and WHEREAS, such a contract would benefit both the City and the County by cost savings to the City and a fuller utilization of County equipment at a fair rate of compensation; and WHEREAS, the proposed Agreement establishes the City's role and responsibilities as the recipient of such services and the County's role and responsibilities as the provider of such services; and WHEREAS, the parties are authorized by Chapter 39 34 of the Revised Code of Washington to enter into an interlocal cooperation agreement of this nature. Resolution No. 4898 January 16, 2013 Page 1RES.B Page 74 of 86 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 an Interlocal Agreement with King County, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor and City Clerk are authorized to implement such other 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 2013. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B eid, City Attorney Resolution No. 4898 January 16, 2013 Page 2RES.B Page 75 of 86 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN FOR PROVISION OF SERVICES BY THE KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made and entered into by and between King County, hereinafter called the County," and the City of Auburn, hereinafter called the "City " RECITALS A. The City owns public roads, traffic devices, and storm infrastructure which require maintenance and/or other improvements. B. The City wishes the County Road Services Division to provide or perform certain services for the City C. The parties can achieve cost savings and benefits in the public's interest by having the County complete those services for the City at the City's expense. D This Agreement establishes the City's role and responsibilities as the recipient of such services and the County's role and responsibilities as the provider of such services. E. The parties are authorized by RCW Chapter 39.34 to enter into an interlocal cooperation agreement of this nature. NOW, THEREFORE, the parties agree as follows: TERMS AND CONDITIONS. 1 Services 1 1 The County Road Services Division will, upon the City's request, provide the City with Traffic Maintenance, Road Maintenance, Construction Management and Engineering, Environmental services and other road related services. Examples of the types of Traffic and Road Maintenance services to be provided are contained in Exhibit 1 of this Agreement. The services provided to the City shall be any service that the City requests to the extent that the County Road Services Division is able to provide such service. 1.2 The County shall only perform services as requested by the City through the procedure described in Section 2 below 1.3 The County shall act as a contractor of services only and will not purport to represent the City professionally other than in providing the services requested. 1RES.B Page 76 of 86 14 The County shall be the lead agency for the completion of work items requested by the City The County shall provide services in the type, nature, and magnitude requested by the City 1.5 In the event either parry decides to make changes to the work items requested that alters the original scope of work, written notification from the City authorizing such changes shall be required preceding any such work. 2.Procedure for Requesting Services 2.1 The City shall request services furnished by the County through the procedure identified in Exhibit 2 of this Agreement. 2.2 The County shall provide the City with a cost estimate for individual service requests. 3 County and City Coordination 3 1 The City and County shall notify each other in writing of their respective operations liaison(s) responsible for administering day-to-day operational activities related to the provision of services under this Agreement. 3.2 The County and City liaisons shall meet as needed to review performance or to resolve problems or disputes. Any problems or disputes which cannot be resolved by the City and County liaisons shall be referred to the authorized City representative and the Road Services Division Director 4 Personnel and Equipment 41 The County is acting hereunder as an independent contractor so that: a. control of personnel standards of performance, discipline, and all other aspects of work shall be governed entirely by the County; b. except as described in 4.3 below, all persons rendering service hereunder shall be for all purposes employees of the County 4.2 The County shall furnish all personnel, resources, and materials deemed by the County to be necessary to provide the services herein described and subsequently requested and authorized by the City 4.3 In the event the County uses a contractor to perform one or more of the services requested by the City,the appropriate supervision and inspection of the contractor's work will be performed by the County 2 RES.B Page 77 of 86 5 Compensation 5 1 Costs. The City will pay the County for actual costs (direct labor, employee benefits, equipment rental, materials and supplies, utilities, permits, and administrative overhead costs) for the services provided by the County as set forth herein. Administrative overhead costs for each work item shall be charged as a percentage of direct labor costs. 5.2 Billing. The County shall bill the City monthly for the costs of services provided. The monthly bill will reflect actual costs plus the administrative overhead set forth in Section 5 1 above. Payments are due within 30 days of the City's receipt of said invoice. 5.3 Extraordinary Costs. Whenever the City desires to modify a requested service, it shall notify the County in writing of that desire, and the County shall, before providing the modified service, advise the City in writing as to whether the modification would result in any increased or extraordinary costs and the amount thereof. If, after receiving such notification,the City authorizes the modification of service in writing , then it shall be responsible for actual costs for the modified services requested by the City If the City decides not to authorize the modification of service, it shall notify the county in writing, and advise the county whether service shall continue as originally requested or the City cancels the request. If the City cancels the request,the City shall be responsible for all cost incurred by the County prior to and in connection with the cancellation. 54 The City has appropriated a certain amount of money for work to be conducted under this Agreement. In order to ensure the City does not exceed its appropriation authority, the City will not request any work that would result in the County billing the City in excess of the amount appropriated by the Auburn City Council for services to be provided during each calendar year 6.City Responsibilities 6.1 The City hereby gives authority to the County to perform services within the City limits for the purposes of carrying out this Agreement. 6.2 The City is responsible for obtaining any permits or other authorizations that may be necessary for the County to carry out the work under this Agreement. 6.3 Nothing in this Section shall alter the status of the County and the Road Services Division as an independent contractor of the City and the County's actions shall not be deemed to be those of the City when exercising the authority granted in this Section 6. 3 RES.B Page 78 of 86 6.4 7 County Responsibilities 71 The County shall furnish and supply all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the services requested by the City 7.2 The County shall make every effort to recognize pertinent City deadlines for completion of services, and shall notify the City of any hardship or other inability to perform the services requested, including postponement of work due to circumstances requiring the County to prioritize its resources toward emergency- related work outside of the City limits. 8.Duration 8.1 This Agreement is effective upon signature by both parties, and shall remain in effect for the remainder of the calendar year in which it is signed and throughout the following calendar year 8.2 Thereafter, this Agreement shall renew automatically from year to year effective January 1 to December 31 of each calendar year, unless either party notifies the other in writing to terminate or make substantial changes to this Agreement by September 1 of the preceding calendar year 9 Force Majeure The County's performance under this Agreement shall be excused during any period of force majeure. Force majeure is defined as any condition that is beyond the reasonable control of the County, including but not limited to, natural disaster, severe weather conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring right-of-way or other necessary property or interests in property, permitting delays, or any other delay resulting from a cause beyond the reasonable control of the County 10. Dispute Resolution 101 In the event of a dispute between the Parties regarding this Agreement.the Parties shall attempt to resolve the matter informally 10.2 If the Parties are unable to resolve the matter informally, the matter shall be decided by the Director of the King County Road Services Division and the Public Works Director of the City If the Parties are unable to reach a mutual agreement, either Party may refer the matter to non- binding mediation. Each party will be responsible for its own costs for mediation, and shall share the costs of the mediator equally 4 RES.B Page 79 of 86 10.3 Unless otherwise expressly agreed to by the Parties in writing, both the County and the City shall continue to perform all their respective obligations under this Agreement during the resolution of the dispute. 10.4 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agreement. In the event any party deems it necessary to institute legal action or proceedings to ensure any right or obligation under this Agreement, the Parties hereto agree that such action or proceedings shall be brought in a court of competent jurisdiction as provided for in RCW 36.01.050(1) 11 Liabili The City and the County agree to defend, indemnify and hold each other, their respective officials, agents and employees, harmless from and against any and all claims, damages, injuries, liabilities, actions, fines, penalties, costs and expenses (including reasonable attorney fees)that arise out of or are related to the negligent acts or omissions of the indemnifying party and its officials, agents, employees acting within the course and scope of their employment and in the performance of said party s obligations under this Agreement or the exercise of a party's rights and privileges under this Agreement. In the event any such liability arises from the concurrent negligence of the indemnifying party and the other party, or any of their respective actors, the indemnity obligation of this section shall apply only to the extent of the negligence of the indemnifying party and its actors. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the County and the City, its officers, officials, employees, and volunteers, any damages 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 It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 12. Insurance The County certifies that it is fully self-insured. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the County's insurance and shall not contribute with it. 13 Audits and Inspections 5 RES.B Page 80 of 86 The records and documents pertaining to all matters covered by this Agreement shall be retained and be subject to inspection, review, or audit by the County or the City during the term of this Agreement and for three (3)years after termination. 14 Entire Agreement and Amendments This Agreement contains the entire written agreement of the parties hereto and supersedes any and all prior oral or written representations or understandings. This Agreement may be amended at any time by mutual, written agreement between the parties. 15 Invalid Provisions If any provision of this Agreement shall be held invalid,the remainder of the Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the parties. 16. Other Provisions 16.1 The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 16.2 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 17 No Third Party Rights Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third ply 18. Waiver of Breach Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the date last written below 6 RES.B Page 81 of 86 KING COUNTY CITY OF AUBURN King County Executive City Mayor Date Date Approved as to Form Appr ed s t F King County Deputy Prosecuting W Attorney Attorney 7 RES.B Page 82 of 86 slogLuXsto `saduls `soui1JOienowaa `uoiluzgauurgopursnipes Saudo2pa 'Saulialuooseqons `luawaneduosodulspeoimouilBuiluiud : iuidulS6'1 srt,qalgwnizo siaMwluawanedposiwjoluawaorldaaput, lrnowa)l :szaj. AluawanedpasileE81 sllelsf?ui>)audpuu `spuelsi `guigmajooouuualuieW :SuiluiedginDLI olmidoiddruagm2wAOwa.IpuesmozzuruomOuplzewa-1 :spuada-I/smo.UV9'1 alut.idoiddu uagmIenowazputadel,farzodwalpules3psuldouu3glgrim uigsiginjod :sat,gdo1SS'I almidoiddruogm lenowaapueodel ,fieiodwalpuesoilseldouuoglglim2uigsiq.uga-1 :qirmssoaDbl Xj!DaqlXqpopaauseozis ,fur3osu3isalt,ougrjpuleuOisaQmoiluoyqu3u5iSE-1 aourualuirwanilleluanaad `jwda.iperiuilsol.ralunooog3ral saoinaploiluoopurslauiquopagipowpermaujo '3uilsal `slauigro.rallo.rluoo3o uollrogipow `slauigeoialloiluoooflewomfui.rimioslroddnspulesSuldsip1;)gsul; put, ieuOis3oluawaouldwio.rrrdaa `sluauodwoopuusaoinaplo.iluoooiuoiloala 3oSuuiudazput, Supsal 'saimologapjo.reamio3arumpmq2uiloodsui `papualuisr Ouilu.radosi1i3inssuofuoilt,iadoluuiisoijr.rl3uiwwex3 `2uiwil [LmOis2uilsn[pe Putsupj3ag3 `sdoolroloalapalaigan3oaiudaapuruoilullulsui `sudspersXeldsip zagsegpuleieu2is103swals,islqi?iiouiuealopuleduiorldag :aouuualuiLWirugiSZ-I lsanba.r,iliauodn su2ismou3ouoilellrlsui `olpydozddeuagmsuds3olrnowaj `,ilgigisin2uijoolq sgwiltosagsnqSuiwwul.roSuillno ',fliniloal;arzo31oagoofsudsjouoiloadsui sluapiooealoigan,iqpa2rurepsuOisiosudspazgepurn3oaoueualuiuw `,ilajes urii1sapodio ,flgigisinao3suds8uiluoolai `slsodpalealaunOurlealo `slsodOuiut,ai 2uiu3lg3it,zls `slsoduolloipuusoor3u3ispopr32uioeldmd :aouuualuiWu3iSII saiailodpursprepurls aotnias ,fumpeozSi!DBupuawaldwi3oasodindoqlro3.roloezluoole ,flamessi ,ilunoo aq,L •sarnlea3 ,iempuoiilulo3saioilodput, spirpurlsianalaoin.rasumosli13sllegs ,iI!D aqsXI!Daql , qpalsanbaraauut,wpur `aanlru `apnliuf?rwoqluisaoi,uasBonsapinozd llrgs ,ilunoooqlput, `XlioaqlXqpalsanbarasoglaqIlimpapinoidsaoiniasienlod XlunooaqlXqpapinoidsaoiniaso33ualjosoldwexoaxeOucmollo3aqL :saainJaSogjvIL Illgigx3 RES.B Page 83 of 86 1 10 Street Lights: Replacement of light bulbs in existing street lights not maintained by power companies, repair and replacement of street light heads, poles, or wiring. 1 11 Utility Locating: Locating underground traffic facilities for utilities or other digging operations. 1 12 Flasher/Crosswalk Preventative Maintenance: Examining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies. 2.Roadway Maintenance: The following are examples of roadway maintenance services provided by the County Actual services provided will be those requested by the City, and the County shall provide such services in the magnitude, nature, and manner requested by the City The City shall set its own service level standards and policies for all roadway features. The County is merely a contractor for the purpose of implementing City roadway service standards and policies. 2.1 Traveled Roadway Surface: Patching, crack pouring, pre-level work, pavement replacement, grading, dust control. 2.2 Shoulders: Restoration construction, paving, curb and gutter repair, spraying, extending pavement edge. 2.3 Drainage: Installation of drainage pipe, curb, catch basins, culvert headers/trash racks; hand ditching, drainage pipe repair, catch basin and manhole cleaning, blade ditching/shoulder pulling, drainage systems cleaning, pipe marking, drainage preparation, catch basin repair, culvert header/trash rack replacement and repair, bucket ditching, catch basin replacement, erosion control, catch basin/manhole cover replacement, silt removal, Ditchmaster ditch cleaning. 2.4 Structures: Installation of rock, gabion and rip-rap walls, guardrails, fencing, median barrier walls; rock wall repair or replacement, guidepost installation, guardrail repair retaining wall repair, median barrier replacement, guardrail post removal, fencing repair, bridge repair 2.5 Traffic and Pedestrian Facilities: Concrete sidewalk installation, sidewalk/walkway repair, hazardous material cleanup, street sweeping, street flushing, snow and ice control, maintaining traffic control barricades. 2.6 Roadside: Landscape restoration, slope/shoulder mowing, litter pickup, hand brushing, danger tree removal, landscape maintenance, slide removal, ornamental tree maintenance, tree trimming, hand mowing, roadside spraying, tansy ragwort spraying, washout repair 9 RES.B Page 84 of 86 Exhibit 2 Services Request Process 1 City liaison completes a "Request and Approval for Services" (Form A attached). 2.City Mayor, or designee, signs under the heading "Authorization for Request of Services" on the Form B. 3 The Form A is transmitted to the County liaison. 4 The County liaison delegates the request to the appropriate Section for review 5 A County Section representative will complete Form A of the "Request and Approval for Services." Form B will include the recommended action, cost estimate, and proposed schedule. If the Road Services Division is unable to provide the requested service, a notation will be made on the Form B, and the form will be returned to the City in a timely manner 6.The County's cost estimate will include all applicable costs for the service requested as described in Section 5 1 of the Agreement. 7 If the cost estimate is $500.00 or less, the County may proceed with the requested service as authorized by the City representative on Form A. If the cost estimate is over$500 00, Form B is transmitted to the City liaison for authorization. The signed Form B is then transmitted back to the County 8.The County shall complete the requested work upon receipt of the signed Form B. If the County is unable to complete the work in accordance with the proposed schedule, it shall notify the City immediately 9 The County and City liaisons maintain a file of all service requests. 10 The County liaison maintains a tracking system of all the service requests and provides the City with an updated report at least quarterly 10 RES.B Page 85 of 86 REQUEST AND APPROVAL FOR SERVICES CITY OF AUBURN FORM A Request Number- Date: Nature of Request: Location. Requester Name: Address: Telephone: Authorization for Request of Services: City Authorized Signature Date FORM B Date: Project/Work Order Number- Recommended Action: Cost Estimate: Proposed Schedule: Authorization to Proceed: Date Completed. Director, Road Services Division Date City Authorized Signature Date if cost estimate over $500.00) RES.B Page 86 of 86