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09-03-2013 CITY COUNCIL AGENDA PACKET (2)
City Council Meeting September 3, 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. Constitution Week Mayor Lewis to proclaim the week of September 17-21, 2013 as "Constitution Week" 2. National Recovery Month Mayor Lewis to proclaim September 2013 as National Recovery Month in the City of Auburn D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is scheduled for this evening. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. August 26, 2013 Minutes* (Peloza) B.Planning & Community Development 1. August 26, 2013 Minutes* (Backus) C.Public Works 1. August 19, 2013 Minutes* (Wagner) D.Finance Page 1 of 324 1. August 19, 2013 Minutes* (Partridge) E.Les Gove Community Campus 1. August 28, 2013 Agenda* (Wagner) F.Council Operations Committee IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the August 19, 2013 Regular Meeting* B. Minutes of the February 28, 2013 Committee of the Whole* C. Claims Vouchers (Partridge/Coleman) Claims voucher numbers 424846 through 425097 in the amount of $2,296,606.54 and wire transfers in the amount of $2,049.00 and dated September 3, 2013. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 534048 through 534081 in the amount of $307,488.78 electronic deposit transmissions in the amount of $1,278,059.99 for a grand total of $1,585,548.77 for the period covering August 15, 2013 to August 28, 2013. E. Public Works Project No. CP0912* (Wagner/Dowdy) City Council award Contract No. 13-03 to Petersen Brothers, Inc. on their low bid of $385,494.50 for Project No. CP0912, Citywide Guardrail Improvements F. Public Works Project No. CP0909* (Wagner/Dowdy) City Council approve Final Pay Estimate No. 22 to Contract No. 10-23 in the amount of $20,908.07 and accept construction of Project No. CP0909 Lakeland Hills Booster Pump Station Improvements Project G. Public Works Project No. CP1207* (Wagner/Dowdy) City Council award Contract No. 13-10 to the lowest responsible bidder for Project No. CP1207, D Street Utility Improvements Project H. Public Works Project No. CP1222* (Wagner/Dowdy) City Council grant permission to Advertise for Bids for Project No. CP1222 Citywide Traffic Signal Safety Improvements I. Public Works Project No. EM0902* (Wagner/Dowdy) City Council award Small Works Contract No. 13-13 to Henderson Partners, LLC on their low bid of $63,904.00 plus Washington State sales tax of $6,070.88 for a total contract price of $69,974.88 for Project No. EM0902 Auburn Valley Drive-In Site Restoration (RECOMMENDED ACTION: City Council approve Consent Agenda.) V.UNFINISHED BUSINESS There is no unfinished business. Page 2 of 324 VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6476* (Backus/Welch) An Ordinance of the City Council of the City of Auburn, Washington, amending section 16.10.110 of the Auburn City Code relating to the location of critical area mitigation (RECOMMENDED ACTION: City Council adopt Ordinance No. 6476.) B. Ordinance No. 6477* (Backus/Welch) An Ordinance of the City Council of the City of Auburn, Washington amending Title 5, Business and Licenses Regulations, and Title 18, Zoning, related to rental housing (RECOMMENDED ACTION: City Council adopt Ordinance No. 6477.) C. Ordinance No. 6478* (Backus/Welch) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 18.57.030 of the Auburn City Code related to the C-1 Light Commercial Zone and Mixed-Use Development Standards (RECOMMENDED ACTION: City Council adopt Ordinance No. 6478.) D. Ordinance No. 6479* (Backus/Welch) An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Lakeland Villas (RECOMMENDED ACTION: City Council adopt Ordinance No. 6479.) VIII.RESOLUTIONS A. Resolution No. 4985* (Backus/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and King County accepting grant funds for youth sports facilities (RECOMMENDED ACTION: City Council adopt Resolution No. 4985.) B. Resolution No. 4986* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute agreements between the City of Auburn and Cascade Water Alliance for the purchase and sale of credits relating to permanent and reserve wholesale water supply capacity (RECOMMENDED ACTION: City Council adopt Resolution No. 4986.) C. Resolution No. 4987* (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and Page 3 of 324 Century West Engineering Corp., for civil engineering services at the Auburn Municipal Airport (RECOMMENDED ACTION: City Council adopt Resolution No. 4987.) 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 4 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: August 26, 2013 Minutes Date: August 28, 2013 Department: Police Attachments: August 26, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:September 3, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 324 Municipal Services Committee August 26, 2013 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne, Member John Partridge. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Parks, Arts & Recreation Director Daryl Faber, Finance Director Shelley Coleman, City Attorney Dan Heid, Assistant City Attorney Steve Gross, Auburn Municipal Airport Manager Jamelle Garcia and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick and Auburn Reporter Representative Robert Whale. B. Announcements C. Agenda Modifications Resolution No. 4987 was added as an action item. This is a Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and Century West Engineering Corp., for civil engineering services at the Auburn Municipal Airport. Finance Director Shelley Coleman briefed the Committee on the contract that Assistant City Attorney Steve Gross and Auburn Municipal Airport Manager Jamelle Garcia have been working on since June 2013. Every five years we are required to fulfill grant assurances by conducting a selective process to reevaluate engineering services. The advertisement was completed in June with the selection review taking place in July. There were two firms interviewed and Century West was selected. As such, this Resolution allows us to enter into a contract with Century West for design work at the airport. Vice Chair Osborne requested clarification on Exhibit A as listed in the Resolution. City Attorney Dan Heid stated that the Contract is Exhibit A and it will be notated correctly on the Final document. Committee discussion followed. Page 1 of 3 MS.1 Page 6 of 324 Vice Chair Osborne moved to forward Resolution No. 4987 to full Council for consideration. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 II. CONSENT AGENDA A. August 12, 2013 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. Animal Control Licensing Program (Coleman) Finance Director Shelley Coleman provided an update to the Committee. At the request of Chair Peloza, Director Coleman distributed updated charts showing the Sales and Revenue data separately. Year to date revenue through July shows we are at $90,855.00 compared to our budget goal of $96,000.00. Vice Chair Osborne and Director Coleman agreed that we will exceed our goal amount this year. Our year to date number of licenses sold through July totals 3,057 as compared to King County's 2012 total of 3,535 for the same time frame. Additionally, a chart was provided illustrating how the loan of $102,548.00 would be repaid to the City of Auburn. The loan was advanced to the Auburn Valley Human Society (AVHS) at the beginning of 2013. Committee discussion followed. B. Resolution No. 4984 (Faber) Mayor Lewis led the discussion by advising the Committee that the information provided on the (green) Agenda was incorrect. The original intent of Resolution No. 4984 was to express support for veteran recognition measures in the City of Auburn and identify methods through which such recognition will be addressed. This draft Resolution now defines a process for approval of requests for structures in City parks and subject to approval by the City Council as to which structures would be approved and where the structures would be located. It also references a City policy that is intended to define the City's position with regards to government speech and its rights to control such structures in its City parks. A few corrections to the draft Resolution were identified and the appropriate changes will be included in the final version. City Attorney Dan Heid distributed a sample of this same type of Monument Policy from the City of San Jose, California, as a reference for the Committee. Staff is recommending that the City put a policy in place to cover requests for Page 2 of 3 MS.1 Page 7 of 324 monuments to be built on City property: otherwise, the City becomes vulnerable to a parties' argument that their request does not conflict with the City's non- the matter. C. Police Equipment (Lee) Assistant Police Chief Bill Pierson briefed the Municipal Services Committee (MSC) on new officer uniform and equipment costs. The information provided was separated based on items needed specifically for the Basic Law Enforcement Academy and items needed post Academy. Portable radios are currently being replaced through King County and the costs per radio have increased due to advances in technology and software. Protective vests are replaced every five years which is a requirement of the manufacturer. Information on the itemized vehicle costs - which are per car, not officer - were provided with the assistance of Maintenance and Operations staff. The Auburn Police Department (APD) currently has 28 patrol cars and since the APD is a solo patrol agency there is one officer assigned to a car per shift. Vehicles are replaced based on mileage and possibly additional costs, depending on extent of damages. Committee discussion followed. D. Project Matrix The following updates were identified for the Project Matrix: Item 24P: Review date changed to 6/9/14. Item 27P: Review date changed to 9/23/14. IV. ADJOURNMENT The meeting was adjourned at 4:20 p.m. The next regular meeting is scheduled for Monday, September 9, 2013 at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this _____________ day of September, 2013. _______________________ ____________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 3 of 3 MS.1 Page 8 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: August 26, 2013 Minutes Date: August 29, 2013 Department: Planning and Development Attachments: August 26, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:September 3, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 9 of 324 Planning and Community Development August 26, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Vice-Chair Holman called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Planning and Community Development Committee Vice-Chair John Holman and Member Largo Wales were present. Chair Nancy Backus was excused. Also present were Mayor Pete Lewis; Planning and Development Director Nancy Welch; Arts, Parks and Recreation Director Daryl Faber; Planning Services Manager Elizabeth Chamberlain; City Attorney Dan Heid; Principal Planner Jeff Dixon; Economic Development Manager Doug Lein; Planner Gary Yao; and Planning Secretary Tina Kriss. Members of the audience present: Councilmember Peloza, Rudy Terry, Nichole Petrino-Salter, Dwight Hauck, Susan Hauck, Jean Lix, Russ Campbell, Scot Pondelick, and Robert Whale of the Auburn Reporter. B. Announcements C. Agenda Modifications The following item has been moved from ACTION to DISCUSSION: III.A. Resolution No. 4984 (Faber) A Resolution of the City Council of the City of Auburn, Washington, expressing support for veteran recognition measures in the City of Auburn and identifying methods through which such recognition will be addressed. II. CONSENT AGENDA A. August 12, 2013 Minutes (Welch) Member Wales moved and Vice-Chair Holman seconded to approve the August 12, 2013 Planning and Community Development Committee meeting minutes as written. Page 1 of 6 PCD.1 Page 10 of 324 Motion carried unanimously. 2-0 III. DISCUSSION ITEMS A. Resolution No. 4984 (Faber) Parks, Arts, and Recreation Director Daryl Faber stated that currently the City of Auburn has no existing policy to address donated items, such as, monuments, memorials, and structures located in City Parks and City property. The City does have existing policy through the Parks, Arts, and Recreation Department, to address donated plaques, trees, benches and other items within the City’s parks. City Attorney Dan Heid provided a sample policy used by the City of San Jose, California that addresses and accomplishes several aspects of policy that would benefit the City. Two additional handouts were provided, a revised Resolution No. 4984 and an example of a Proposed Flag Pavilion located at the Les Gove Community Campus. Municipal Services Committee asked staff to provide a copy of the Proposed Flag Pavilion that may be located at the Less Gove Community Campus. Revised Resolution No. 4984 specifies that the proposed policy is more comprehensive and addresses structures, monuments, and memorials for the entire City. The Resolution would also provide direction to preserve the City's rights to control what permanent structures are erected in City Parks and/or on City Property. Through recent discussions, the City recognized if an individual wanted to donate a monument, plaque, or other memorial in a location other than the City’s parks there is no policy in place for consideration or approval. The Committee agreed that the revised Resolution No. 4984 would benefit the City and provide a process for consideration and approval of donated structures, monuments, and memorials throughout the City. Attorney Heid stated the City is at the beginning stages of discussing this policy and staff will be returning with a revised Resolution No. 4984, to address and accomplish the City's goals that would benefit the entire City regarding donated structures, monuments, and memorials. B. Resolution No. 4985 (Faber) Parks, Arts and Recreation Director Faber provided background information on Resolution No. 4985, a resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk Page 2 of 6 PCD.1 Page 11 of 324 to execute an agreement between the City of Auburn and King County accepting grant funds for youth sports facilities at Lea Hill Park. The grant award was for $60,000.00 and the City's portion of the grant match is $12,500.00. Green River Community College is partnering with the City to install the new sports facility. The Committee expressed gratitude for Green River Community College's participation in the development of the new Lea Hill Park. Committee was supportive of Resolution No. 4985. C. Comprehensive Downtown Parking Management Plan (CDPMP) (Yao/Chamberlain) Planner Gary Yao provided background information on the draft Comprehensive Downtown Parking Management Plan (CDPMP). The CDPMP primarily addresses parking policy within the Downtown Urban Center (DUC). After providing an overview of the plan’s purpose and approach Planner Yao asked the Committee if the CDPMP addressed the issues raised regarding parking in Downtown Auburn and if the proposed near term, short term, and long term recommendations are on track. The Committee expressed that the CDPMP addresses these goals and provides an academic understanding of the City’s parking, which is critical to the City’s existence. The CDPMP provides understanding and can be used as a guide for future decisions moving forward. The Committee thanked Planner Yao for his hard work. To provide greater readability of the plan, Planner Yao stated the final CDPMP will have more graphics and pictures. Planning Services Manager Chamberlain stated the next steps will be to seek comment from Public Works and Police on the CDPMP and return to the Committee with any additional modifications. D. ZOA13-0003 - Student/Rental Housing Code Amendments (Chamberlain) Planning Services Manager Elizabeth Chamberlain provided background information on ZOA13-0003 and reviewed the Planning Commission recommendations from the public hearing on item ZOA13-0003, Student/Rental Housing Code Amendments held August 20, 2013. Ordinance No. 6477 amends Title 5, Business and Licenses Regulations, and Title 18, Zoning, related to rental housing. Staff confirmed the date on Ordinance No. 6477, Page 2 of 13, the date Page 3 of 6 PCD.1 Page 12 of 324 the Washington State Department of Commerce approved the City's request for expedited review will be inserted, August 26, 2013. Vice-Chair Holman invited any audience member wanting to provide a public statement to come forward: Russ Campbell, 31606 126th Ave. SE, Auburn. Mr. Campbell expressed that he believes allowing a six (6) month period for the communal residence to become compliant with the amended code, Title 18 and Title 5 is unreasonable. He believes there are many landlords already operating a student/rental without complying with the Auburn City Codes and providing additional time would just extend the time a landlord can operate a non-compliant business. Mr. Campbell asked the Committee to consider changing the six (6) month amortization schedule to December 31, 2013 for businesses to become compliant to the amended code. The Committee agreed to revise the six (6) month amortization period, under 18.31.130, and requiring existing communal residences to become compliant by December 31, 2013. After reviewing and discussing the amendments, Committee determined they would move ZOA13-0003, Ordinance No. 6477 amending Title 5, Business and Licenses Regulations, and Title 18, Zoning, from Discussion to Action. Member Wales moved and Vice-Chair Holman seconded to recommend City Council adopt ZOA13-0003, Ordinance No. 6477 amending Title 5, Business and Licenses Regulations, and Title 18, Zoning as amended. Motion unanimously carried. 2-0 E. ZOA13-0005 - Amendments to C-1, Light Commercial Zone (Chamberlain) Planning Services Manager Elizabeth Chamberlain provided the staff report on ZOA13-0005, and reviewed the Planning Commission recommendations from the public hearing on item ZOA13-0005 held August 20, 2013. Ordinance No. 6478 amends Section 18.57.030 of the Auburn City Code related to the C-1 Light Commercial Zone and mixed-use development standards. Staff provided a handout to Committee, an email from Nicole Petrino- Salter, a Lea Hill resident expressing support of the proposed amendments and the Planning Commission recommendations. Page 4 of 6 PCD.1 Page 13 of 324 Ms. Chamberlain informed the Committee that the date the State of Washington Department of Commerce, Growth Management Services, has confirmed the City was approved for expedited review and the date on page two of Ordinance No. 6478 will be inserted. After reviewing the proposed amendments, the Committee determined they would move Ordinance No. 6478 amending Section 18.57.030 of the Auburn City Code related to the C-1 Light Commercial Zone and mixed-use development standards from Discussion to Action. Member Wales moved and Vice-Chair Holman seconded to recommend City Council adopt ZOA13-0005, Ordinance No. 6478 amending Section 18.57.030 of the Auburn City Code related to the C- 1 Light Commercial Zone and mixed-use development standards as amended, adding the date on page two of the Ordinance. Motion unanimously carried. 2-0 F. ZOA13-0004 Amendments to ACC 16.10.110, Critical Areas Regulations (Dixon) Principal Planner Jeff Dixon provided the background information on ZOA13-0004, and reviewed the Planning Commission recommendations from the public hearing on item ZOA13-0004 held August 20, 2013. Ordinance No. 6476 amends Section 16.10.110 of the Auburn City Code relating to the location of critical area mitigation. After reviewing the amendments, Committee determined they would move ZOA13-0004, Amendments to amends Section 16.10.110 of the Auburn City Code relating to the location of critical area mitigation, Ordinance No. 6476 from Discussion to Action. Member Wales moved and Vice-Chair Holman seconded to recommend City Council adopt ZOA13-0004, Ordinance No. 6476, amending Section 16.10.110 of the Auburn City Code as written. Motion unanimously carried. 2-0 G. Director's Report (Welch) Planning and Development Director Nancy Welch updated Committee on the status of various City activities. The City has received a response from a letter sent to the Army Corps of Engineers regarding the Mill Creek project. The Corps would like the City to continue discussions on alternative financing options to Page 5 of 6 PCD.1 Page 14 of 324 keep the project moving forward and minimize the costs to the City. The new City Planner, David Jones, will be starting September 3, 2013. To date, the valuation of commercial permits issued is double the valuations this time last year. The groundbreaking ceremony for the Landmark Development project, Trek Apartments, will take place October 10, 2013 at 2:00 p.m. The Grand Reopening of The Outlet Collection will take place September 17, 2013 at 9:30 a.m. H. PCDC Matrix (Welch) The Committee recommended no changes or additions for the matrix. IV. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 5:53 p.m. DATED this __________ day of ____________________, 2013. ____________________________________ Nancy Backus - Chair ____________________________________ Tina Kriss - Secretary Page 6 of 6 PCD.1 Page 15 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: August 19, 2013 Minutes Date: August 27, 2013 Department: Public Works Attachments: August 19, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:September 3, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 16 of 324 Public Works Committee August 19, 2013 - 3:30 PM Annex Conference 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 Wayne 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, Transportation Manager Pablo Para, Senior Project Engineer Ryan Vondrak, Project Engineer Robert Lee, Senior Project Engineer Jacob Sweeting, Street Systems Engineer Jai Carter, Project Engineer Seth Wickstrom, Project Engineer Kim Truong, and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Citizen Scot Pondelick. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the Public Works Committee Meeting minutes for date, August 5, 2013. Motion carried 3-0. B. Public Works Project No. C222A (Vondrak) S 277th St Corridor Capacity & Non-motorized Trail Improvement Project Senior Project Engineer Vondrak reported that the City had received Page 1 of 9 PW.1 Page 17 of 324 the federal grant funds for the project design, environmental permitting and property acquisitions phases. Included in the scope of the project is the addition of two eastbound through lanes, one west bound through lane, a Class I separated non- motorized trail, street light improvements, storm drainage improvements, streetscape improvements, Intelligent Transportation System (ITS) improvements, intersection capacity and safety improvements, and auxiliary turn lanes at Auburn Way North, D Street NE, and the future I Street NE. Vondrak pointed out the locations of the improvements on the project vicinity map. Senior Project Engineer Vondrak identified the property owned by RPG Inc., in response to questions asked by Chairman Wagner. Assistant Director/City Engineer Selle reported that RPG, Inc. has hired a consultant to begin preliminary design work and RPG, Inc. will be participating in the construction costs, in the amount of $1M, and will also be dedicating properties for Right-of-Way, answering questions asked by Chairman Wagner. Assistant Director/City Engineer Selle explained that as part of the project’s scope, storm improvements will be made to collect the drainage from the street, store the water in a pond for both storage and treatment, in response to questions asked by Vice-Chair Peloza. Selle continued, explaining that when RPG, Inc. develops their site, they will have to address storm drainage according to the City’s storm standards for the site development. They will also have to address any flood plain impacts they may have. Senior Project Engineer Vondrak reviewed the property acquisition and Right-of-Way dedications anticipated to be included in the project, following questions asked by Member Osborne. Chairman Wagner asked if there will be coordination with RPG, Inc. included in the consultant’s scope of work. Senior Project Engineer Vondrak stated that there will be coordination meetings with RPG Inc. and the consultant that is addressed in the scope of work. The Committee and staff discussed the RPG Inc. development agreement and grant participation agreement with the City. Mayor Lewis asked that RPG, Inc. be asked to update the Public Works Committee and the Planning and Community Development committee on their latest plans for development. Senior Project Engineer Vondrak answered questions asked by Member Osborne regarding the budget for optional services. Page 2 of 9 PW.1 Page 18 of 324 The Committee and staff discussed RPG’s current proposed design for their development project. The Committee and staff discussed the possibility of shielding the Trail Run community from dust from the farm land located in King County to the north of S. 277th Street, but did not add it to the consultant’s scope of work. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to enter into Consultant Agreement No. AG-C-435 with Parametrix for engineering services for Project No. C222A, The S 277th Street Corridor Capacity & Non-motorized Trail Improvement Project. Motion carried 3-0. C. Public Works Project No. CP1202 (Lee) Auburn Way South Flooding Imp – Phase II Project Engineer Lee stated that the scope of the project includes storm improvements on 17th Street SE from K Street SE to A Street SE. Lee reviewed the work that was completed in Phase 1 of the project and explained that both phases are designed to relieve drainage that is going to the north, in response to a question asked by Vice-Chair Peloza. The Committee and staff reviewed the project vicinity map. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to enter into Consultant Agreement No. AG-C-425 with KPG, Inc. for engineering services for Project No. CP1202 Auburn Way South Flooding Improvements - Phase 2. Motion carried 3-0. D. Public Works Project No. CP1218 (Sweeting) Permission to Enter into Consultant Agreement No. AG-C-430 with CH2M Hill, Inc. for Engineering Services for Project No. CP1218, Auburn Way South Improvements – Muckleshoot Plaza to Dogwood Senior Project Engineer Sweeting stated that the agreement is for engineering design and environmental documentation. Chairman Wagner asked if the project will affect access to fireworks. Transportation Manager Para stated that access to the fireworks area will be maintained during the project construction and Page 3 of 9 PW.1 Page 19 of 324 at the conclusion of the project, access to the fireworks area and casino will be improved. Transportation Manager Para also stated that travel through the corridor will also be greatly improved. Senior Project Engineer Sweeting named the individuals with the Muckleshoot Indian Tribe with whom the City is coordinating on the Auburn Way South projects, in response to a question asked by Chairman Wagner. Transportation Manager Para explained that the conceptual plans for the corridor have been presented to and approved by the Tribal Council, in response to an inquiry made by Chairman Wagner. As part of the grant applications, the Tribe submitted letters of support for the corridor projects. Mayor Lewis asked that the project information be sent to the Tribal Council Clerk. The Committee and staff discussed the water system improvements included in the project’s scope following questions asked by Member Osborne. Utilities Engineer Repp explained that master meters will be installed at the casino in the future and the stubs, included in the project’s scope, will be serving the City’s master meters. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to enter into Consultant Agreement No. AG-C-430 with CH2M Hill, Inc. for engineering services for Project No. CP1218, Auburn Way South Improvements – Muckleshoot Plaza to Dogwood Street SE. Motion carried 3-0. E. Public Works Project No. CP1310 (Carter) 2013 Arterial & Collector Crack Seal Director Dowdy introduced Street Systems Engineer Jai Carter to the Committee. Street Systems Engineer Carter will be taking over the streets projects from Seth Wickstrom, who is now a Project Engineer. There were no questions from the Committee. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to award Contract No. 13-14 to Doolittle Construction Inc. on their low bid of $54,870.00 for Project No. CP1310, 2013 Arterial and Collector Crackseal Project. Page 4 of 9 PW.1 Page 20 of 324 Motion carried 3-0. F. Public Works Project No. CP1225 (Wickstrom) West Valley Highway System Preservation Project Project Engineer Wickstrom was present. There were no questions from the Committee. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to award Contract No. 13-05 to ICON Materials on their low bid of $924,114.00 for Project No. CP1225, West Valley Highway System Improvements. Motion carried 3-0. G. Public Works Project No. CP1201 (Wickstrom) 2012 Local Street Pavement Reconstruction Project Project Engineer Wickstrom explained that it is more difficult to add streets to awarded reconstruction projects because reconstruction work requires more significant planning and design before construction work can begin, in response to a question asked by Chairman Wagner. Project Engineer Wickstrom noted that the remaining funds are carried over to the next year’s projects within the Local Streets program. Member Osborne asked about the restocking fee included in the final pay estimate. Project Engineer Wickstrom stated a portion of the project had to be revised due to a conflict with Century Link which occurred after pipe had been ordered. Century Link paid for the cost of the change order and the restocking fee. Member Osborne asked if the old waterlines were filled following their abandonment. Project Engineer Wickstrom stated that the old waterlines were filled and capped. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council approve Final Pay Estimate No. 8 to Contract No. 12-08 in the amount of $0.00 and accept construction of Project No. CP1201, 2012 Local Street Pavement Reconstruction Project. Motion carried 3-0. III. DISCUSSION ITEMS A. Public Works Project No. CP1122 (Truong) 30th Street NE Area Flooding Phase 1 Project - Design Update Page 5 of 9 PW.1 Page 21 of 324 Project Engineer Truong stated that the project is at 60% design. Truong reviewed the project area and scope of the project with the Committee using the project vicinity map. Chairman Wagner asked why staff prefers to keep the new storm line within the City’s Right-of-Way. Assistant Director/City Engineer Selle answered that having the storm line in the Right-of-Way will free up the vacant property where the current storm line is located which is part of a property transfer being done by the City. Vice-Chair Peloza asked if storm water from the airport will be mitigated following the improvements. Project Engineer Truong answered that it will be. Project Engineer Truong reported that the engineer’s estimate for the project is a little over $2M, in response to a question asked by Chairman Wagner. Project Engineer Truong discussed the modeling that is currently being done for the additional phases of the project, following questions asked by Chairman Wagner. Chairman Wagner asked for additional information regarding capacity during large storm events. Member Osborne asked if any property needed to be acquired for the project. Project Engineer Truong answered that there is no property acquisition required, as the project will remain within existing rights-of- way or easements. B. M Street SE Re-Channelization (Para) Transportation Manager Para stated that in response to Vice-Chair Peloza’s request, he reviewed the collision reports. Transportation Manager Para reported that there is no history of backing related collisions along the stretch of M Street SE between 8th Street NE and Auburn Way South. Transportation Manager Para reviewed the background information leading to staff’s proposal to eliminate the currently allowed on-street parking along M Street SE. Transportation Manager Para identified that properties that would probably be most impacted by the elimination of on-street parking. Vice-Chair Peloza shared photographs that he took of M Street SE which indicated no vehicles parked on M Street SE. Page 6 of 9 PW.1 Page 22 of 324 Transportation Manager Para stated that, with the Committee’s concurrence, staff will mail letters to the affected property owners. The Committee supports the proposal. Mayor Lewis spoke about the possibility of renaming M Street SE, I Street NE, and Harvey Road in the future, as the route is poised to become a major corridor. The Committee discussed the future of M Street. Mayor Lewis and the Committee requested that temporary no-parking signage be posted prior to re-striping the roadway. Assistant Director/City Engineer Selle stated that there will also be traffic revision signage. The Committee and staff discussed removing the yellow paint on the curbs along M Street SE where it currently exists to avoid confusion. C. Cascade Water Alliance Agreement (Dowdy) Utilities Engineer Repp distributed copies of the current water agreement with Tacoma Water. Director Dowdy discussed the difference between the permanent water agreement and the finite water supply agreement with the Committee. Reviewing the permanent agreement, Chairman Wagner asked how the peaking factor of 1.33 was calculated. Director Dowdy stated that the peaking factor is based on Cascade’s contract with Tacoma Water. Utilities Engineer Repp stated that the credit can not be assigned, however the water can be purchased and then resold. The Committee and Mayor Lewis discussed how price could be negotiated if the water were to be sold to another party. Chairman Wagner stated that the permanent agreement appears to be ready to move forward for action. The Committee concurred. Director Dowdy and Utilities Engineer Repp addressed questions, asked by the Committee, regarding the temporary agreement. Director Dowdy reviewed the terms of the agreements with the Committee. The Committee agreed that both agreements are ready to be brought back to the Committee and Council for action. D. Capital Project Status Report (Gaub) Page 7 of 9 PW.1 Page 23 of 324 Item 4 – C201A – M Street Underpass: Chairman Wagner asked when the review of phase 2 of the M Street project will be brought to Committee. Assistant City Engineer Gaub answered that the phase 2 review will be brought to the Committee in September with the BNSF Stampede Pass Line review and the phase 2 review was added to the Action Tracking Matrix as part of that item. Item 7 – CP1120 – Lea Hill Safe Routes to School Improvements: Assistant City Engineer Gaub reported that the work on 116th Avenue, in front of Rainier Middle School and next to Hazelwood Elementary will be completed prior to school starting. The intersection improvements on 124th and 312th will take until October to complete due to long lead signal components. Item 21 – CP1024 - AWS and M Street SE Intersection Improvements: Chairman Wagner asked if the completion of the underpass will cause staff to rethink the intersection design. Assistant City Engineer Gaub answered that staff does not expect the traffic route changes from M Street re-opening will change the plans for the intersection and the intersection improvements are more likely to be needed with the re-opening. Assistant City Engineer Gaub also noted that the intersection improvements are TIB grant funded with a specific scope and project limits and more work at the intersection would need to be an additional project. Chairman Wagner asked if Item H on the Action Tracking Matrix would be included in the M Street intersection improvements. Transportation Manager Para answered that Item H on the Action Tracking Matrix is separate from Project No. CP1024 and if it was decided that the eastbound connections between M Street SE and Auburn Way S via 17th Street should be closed, it would be a separate project. Item 33 – CP1224 – 2013 Local Street Reconstruction: Vice-Chair Peloza asked about the attitudes of residents on H Street NE. Mayor Lewis stated that he has had no complaints and the residents are very pleased that the work is being completed. Vice-Chair Peloza asked for an estimate of the cost to reconstruction just H Street NE. E. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Item 3 – King Country Wastewater – 17th Street SE, K Street SE to C Street Project Engineer Wickstrom – Trunk Sewer Repair: Vice-Chair Peloza asked about the cost of the project. Assistant City Engineer Gaub stated that she has not received cost information from King Page 8 of 9 PW.1 Page 24 of 324 County yet. Item 8 – WSDOT – SR18 Neely Bridge Improvements: Chairman Wagner asked about the success of the detour route. Assistant City Engineer Gaub and Assistant Director/City Engineer Selle both stated that there were no traffic problems in the City. F. Action Tracking Matrix (Dowdy) Item J – Street Lamp Installation 112th & 259th Streets: Vice-Chair Peloza notified staff that the lamp has not been installed yet. Vice-Chair Peloza made an inquiry about installing a traffic signal at A Street and 37th Street. Director Dowdy answered that the signal project is being added to the Transportation Improvement Program (TIP) at the upcoming Council Meeting. Assistant Director/City Engineer Selle noted that the project is being added to the TIP so grant applications may be made for the project. Vice-Chair Peloza informed staff that there are still problems with the chipseal on 105th Place/108th Avenue. Director Dowdy stated that what staff is learning is that intersections with heavy truck and /or bus traffic are not good candidates for double chipseal but the treatment works on hillsides road grades, in response to a question asked by Chairman Wagner. IV. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:03 p.m. Approved this 3rd day of September, 2013. Page 9 of 9 PW.1 Page 25 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: August 19, 2013 Minutes Date: August 29, 2013 Department: Finance Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:September 3, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 26 of 324 Finance Committee August 19, 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: Mayor Peter B. Lewis, Deputy Mayor Nancy Backus, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Emergency Management Manager Sarah Miller, and City Clerk Danielle Daskam. Also present was Scot Pondelick. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. Minutes of the August 5, 2013 Regular Meeting Member Holman moved and Vice Chair Wales seconded to approve the August 5, 2013 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) Claims voucher numbers 424588 through 424845 in the amount of $3,893,810.39 and dated August 19, 2013. Committee members reviewed claims and payroll vouchers and briefly discussed claims vouchers 424689, 424700, 424752, 424591, 424621, 424642, 424799 and 424811. Finance Director Coleman Page 1 of 4 FN.1 Page 27 of 324 distributed a copy of the procurement card summary for Committee review. Vice Chair Wales requested that a future agenda include discussion of the Auburn Avenue Theater lease. Vice Chair Wales moved and Member Holman seconded to approve and forward the claims and payroll vouchers to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers (Coleman) Payroll check numbers 534009 through 534047 in the amount of $890,547.11 and electronic deposit transmissions in the amount of $1,227,540.81 for a grand total of $2,118,087.92 for the period covering August 1, 2013 to August 14, 2013. See claims vouchers above for approval of payroll vouchers. III. DISCUSSION ITEMS A. June 2013 Financial Report (Coleman) Finance Director Shelley Coleman presented the June 2013 Financial Report. The General Fund revenues totaled $27.7 million and exceeded the budget by $1.4 million primarily due to increases in building permit revenues, sales tax revenues and City utility tax revenues. General Fund expenditures were below budget by $3.0 million, primarily due to timing of payments. During the month of June, 460 pet licenses were sold, compared to 466 in 2012. To date, 2,619 licenses have been sold generating $77,295 in revenue, compared to 2,991 licenses sold in 2012. In response to questions regarding levels of pet sales, Director Coleman responded that the approximate $240,000 annual payment to the Auburn Valley Humane Society was the amount suggested by the Auburn area veterinarians to sustain an Auburn animal control and licensing program. It is estimated that King County sold approximately 7,000 licenses in 2012. The 2013 Budget revenue goal is $96,000. Director Coleman noted the Sewer Fund ended with a $392,100 operating loss (compared to an operating loss of $812,300 the previous year, excluding Metro). The Golf Course Fund ended the period with an operating loss of $239,200 compared to an operating loss of $296,100 for the same period last year and reflects an improvement in the year-to-date rounds played (22,195 compared to 20,089 for the same period last year). Page 2 of 4 FN.1 Page 28 of 324 Mayor Lewis noted the Cemetery sales have slowed and the status of the fund is being watched closely. All enterprise funds are under a cost-of-service study. Finance Director Coleman explained the comparison of 2013 year-to- date budget versus actual is a comparison of the 2013 year-to-date to a three-year rolling average of actual budget. Finance Director Coleman explained the Non-departmental Fund includes the City's reserves, pending retirement funds, contingencies, LEOFF 1 medical, and segregated funds for particular projects. Member Holman noted court, probation and SCORE expenses are in a favorable savings status. Finance Director Coleman also added next year the City can anticipate savings of an additional $1.5 million in jail costs and $1.5 million in court costs. The transition costs for King County District Court are included in the Non- departmental Fund. Vice Chair Wales noted an increase in sales tax collection from the manufacturing industry compared to the warehousing industry classification. Chair Partridge stated that a future date will be set for discussion of the proceeds from property sales and the Auburn Avenue Theater lease. Vice Chair Wales reported the Les Gove Community Campus Committee may bring a draft ordinance relating to the proceeds from future property sales. B. Resolution No. 4980 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the Washington State Military Department in the amount of Fifty Eight Thousand Four Hundred Thirteen Dollars and no cents ($58,413.00) from the United States Department of Homeland Security Emergency Management Performance Grant Program and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Emergency Preparedness Manager Sarah Miller presented Resolution No. 4980, which authorizes the acceptance of an Emergency Management Performance Grant from Homeland Security. The grant provides funding for emergency management program activities and will be used for planning activities, providing public education activities, supporting temporary staff, and purchasing supplies. The grant amount is $58,413.00. IV. ADJOURNMENT Page 3 of 4 FN.1 Page 29 of 324 There being no further business to come before the Committee, the meeting adjourned at 6:26 p.m. APPROVED this _____ day of September, 2013. ___________________________ _________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 4 of 4 FN.1 Page 30 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: August 28, 2013 Agenda Date: August 29, 2013 Department: Administration Attachments: Agenda Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Wagner Staff: Meeting Date:September 3, 2013 Item Number:CC.1 AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 31 of 324 Les Gove Community Campus August 28, 2013 - 5:00 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. Minutes - July 24, 2013* (Welch) III.DISCUSSION ITEMS A. Action Tracking Matrix* (Welch) Committee to review a draft Action Track Matrix. B. Community Center Business Plan Draft* (Faber/Coleman) A short "business plan", about 10 pages, that re-formats and significantly expands the details of the operating cost information from the June 2013 Council workshop presentation, and also adds text about the types of activities and marketing approaches that will be used (see pages 11 and 18 from the Council workshop PowerPoint). C. Flag Pavilion Proposal* (Wagner) IV.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 1 of 13CC.1 Page 32 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the August 19, 2013 Regular Meeting Date: August 26, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:September 3, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 33 of 324 City Council Meeting August 19, 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. at Auburn City Hall, 25 West Main Street in Auburn, and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne, and John Holman. Department directors and staff members present included: Public Works Director Dennis Dowdy, Assistant Police Chief Bill Pierson, City Attorney Daniel B. Heid, Economic Development Manager Doug Lein, Emergency Preparedness Manager Sarah Miller, Advisor to the Mayor Michael Hursh, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations Prior to the audience participation section of these minutes, Mayor Lewis played a video called "Thank You for Your Service (A Moment of Truth)", which is a tribute video to veterans and those in active service. The video is part of the Vietnam War commemoration program. D. Agenda Modifications There was no change to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing on 2014-2019 Transportation Improvement Program Modifications (Wagner/Dowdy) City Council to conduct a public hearing to receive public comments and suggestions with regard to the proposed modifications to the 2014-2019 Transportation Improvement Program (TIP) Page 1 of 10 CA.A Page 34 of 324 Public Works Director Dowdy presented the staff report for the public hearing on the proposed amendments to the 2014-2019 Transportation Improvement Program. The proposed amendments include changes to the existing South 272nd/277th Street Corridor Capacity and Non-motorized Trail Improvement Project to expand the project scope and cost estimate and the addition of a new project, the 37th Street SE and A Street SE Traffic Signal Safety Improvement, for construction of a new traffic signal and in anticipation of grant funding. At 7:32 p.m., Mayor Lewis opened the public hearing on the proposed amendments to the Six Year Transportation Improvement Program. There being no public comment, the hearing was closed. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Mayor Lewis recognized Ms. Alfie Alvarado Ramos, the Veterans Affairs Director for the State of Washington in the audience. Mayor Lewis spoke briefly regarding veterans services, the passage of the veterans and human services levy, and the proposed veterans and human services center at the Les Gove Park area. Mayor Lewis also announced that the City and the State of Washington will be participating in the Vietnam War commemoration. Frank Bannister, 28215 54th Avenue South, Auburn Mr. Bannister spoke on behalf of Veterans of Foreign Wars (VFW) Post 1741. He reported that on June 25th, the members of Post 1741 voted whether or not to support the Joint American Vietnamese War Memorial in Veterans Memorial Park. He reported the VFW membership in attendance voted 25-1 against the memorial at Memorial Park. Mr. Bannister stated no private memorial should be on public property, the memorial will drive many veterans from Memorial Park, and all veterans from all conflicts are already represented at the current memorial. He suggested members of the Joint American Vietnamese War Alliance come to Memorial Park on Veterans Day and Memorial Day waving an American flag, pledge allegiance to the American flag, thank the veterans for their service, work with the Boy Scouts as they lay United States flags at the graves of veterans, sponsor voice of democracy contests in schools, donate to Auburn sports, participate in the Stand Down helping homeless veterans in South King County, sponsor scholarships for children and grandchildren of Vietnam veterans, and and other patriotic endeavors. Mr. Bannister spoke against the placement of the Page 2 of 10 CA.A Page 35 of 324 Vietnamese flag in Memorial Park. Thomas Taylor, 29772 52nd Place South, Auburn Mr. Taylor spoke about his service in Vietnam. He spoke against the placement of a joint American Vietnamese Memorial at Memorial Park. Thom Stoddert, Lacey, WA Mr. Stoddert distributed a letter to the Council explaining the purpose of the joint American Vietnamese Alliance and the proposed memorial. Mr. Stoddert spoke about his service in the Vietnam War and Desert Storm. Rick Waling, Tumwater, WA Mr. Waling spoke briefly regarding his work as a medic during the Vietnam War. He expressed support for the joint American Vietnamese War Memorial, whether it is placed in Memorial Park or some other location in the city. Roger Olsen, 405 E Street NE, Auburn Mr. Olsen, a past Commander and chaplain for Auburn Post 78, American Legion, expressed opposition to the joint American- Vietnamese War Memorial in Memorial Park. Dwight Mahoney, 1210 E Street SE, Auburn. Mr. Mahoney, who spoke at the August 5, 2013 Council meeting regarding a neighboring church on 12th Street, reported that he spoke to the pastor of the church regarding the noise, lights, and parking issues. A meeting among the neighbors and the pastor will be held in the future. Sandie Dolge, 13239 84th Avenue S, Seattle Ms. Dolge, the wife of a Vietnam War veteran, spoke in support of the joint American Vietnamese War Memorial in Memorial Park. Alfie Alvarado, Director of Washington State Department of Veterans Affairs Ms. Alvarado stated the Department of Veterans Affairs supports the joint American Vietnamese Memorial, which would be considered a state-wide memorial honoring the service of Americans and Vietnamese. Jessie Jose, 6421 Nathan Avenue SE, Auburn Mr. Jose, a disabled veteran, expressed opposition to the joint American Vietnamese War Memorial. He opposes any taxpayer money used in support or maintenance of the memorial. He stated only United States veterans should be honored in Memorial Park. Page 3 of 10 CA.A Page 36 of 324 Richard Wright, 1402 22nd Street NE, Auburn Mr. Wright, retired United States Army, expressed opposition to a joint American Vietnamese War Memorial in Memorial Park. John Pepper, 2310 28th Ct SE, Auburn Mr. Pepper expressed opposition to a joint American Vietnamese War Memorial in Memorial Park. He stated that United States veterans should have exclusive use of Memorial Park. Lan Phan Jones, 1445 Ridgeview Loop SW, Tumwater Ms. Jones spoke in favor of the joint American Vietnamese War Memorial in Memorial Park. Ms. Jones' father was a South Vietnamese veteran, and the memorial is intended to thank and honor all the Vietnam War veterans for their service. David Schmidt, 326 A Street NE, Auburn Mr. Schmidt acknowledged the differing opinions regarding the proposed American Vietnamese War Memorial. He spoke in favor of the joint memorial and described it as a place of healing. Allen Jones, 1445 Ridgeview Loop SW, Tumwater Mr. Jones, husband of Lan Phan Jones who spoke earlier, expressed support for the joint American Vietnamese War Memorial. He stated that the supporters of the joint memorial learned earlier today of the VFW's intent to speak before the Council this evening. The supporters of the joint memorial could have attended in greater numbers if provided more advance notice. He spoke of a recent dinner held by the memorial supporters and Vietnamese and American veterans. Sonny Bargala, 38006 176th Avenue SE, Auburn Mr. Bargala, a member of the Intertribal Society Honor Guard, stated the existing memorial at Memorial Park is intended to honor all those who sacrificed in service to the nation. He stated there is no need for a separate Vietnamese memorial at Memorial Park. He also noted there is a Vietnamese memorial in Seattle. He suggested constructing the proposed Vietnamese War Memorial at the State Capitol. Tony Dohse, 4343 South 333rd Street, Federal Way Mr. Dohse, a member and past Commander of VFW Post 1741, spoke of Bill Warren, who constructed the memorial monument at Memorial Park. The existing memorial includes five pillars for each branch of service, inside of which are marble walls that have the names of Auburn veterans who have died in wars. There is one other memorial monument in the park that includes the names of World War I veterans. Mr. Dohse suggested building the proposed American Vietnamese War Memorial at the State Capitol. Page 4 of 10 CA.A Page 37 of 324 Daniel Newman, 626 Chicago Boulevard South, Pacific Mr. Newman, a member of VFW Post 1741, spoke against a joint American Vietnamese War Memorial at Memorial Park. Peggy Caudill, PO Box 5068, Kent Ms. Caudill stated she was a trauma nurse in Vietnam and spoke briefly regarding her experiences. She spoke in favor of the joint American Vietnamese War Memorial in Memorial Park. Mayor Lewis thanked all those that spoke this evening. He spoke about the request from the Joint American Vietnamese War Memorial Alliance and preserving the honor of the original memorial. He stated the Council will consider a resolution on the policy regarding the placing and location of monuments in the city in the near future. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met on August 12, 2013. The Committee reviewed Resolution No. 4980 relating to an emergency management grant which will fund community emergency preparedness programs. The Committee also discussed the Auburn Valley Humane Society operations and fundraising and the Police Department workload analysis. The next regular meeting of the Municipal Services Committee is scheduled for August 26, 2013. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met August 12, 2013 at 5:00 p.m. The Committee reviewed Resolution No. 4979 amending the 2014-2019 Six-Year Transportation Improvement Program. The Committee also discussed school impact fee exemptions for student housing in the downtown area, student rental housing code amendments, and Light Commercial Zone Code Amendments in a joint session with the Planning Commission. The Committee also reviewed permitting activity through July 2013. The next regular meeting of the Planning and Community Development Committee is scheduled for August 26, 2013 at 5:00 p.m. C. Public Works Page 5 of 10 CA.A Page 38 of 324 Chair Wagner reported the Public Works Committee met this afternoon at 3:30 p.m. The Committee approved several Consent Agenda items including Public Works Project No. C222A, the South 277th Street Corridor Capacity and Non-motorized Trail Improvements, Public Works Project No. CP1202 the Auburn Way South Flooding Improvements, Public Works Project No. CP1218 for the Auburn Way South Improvements - Muckleshoot Plaza to Dogwood, Public Works Project No. CP1310 the 2013 Arterial and Collector Crack Seal, Public Works Project No. CP1225 the West Valley Highway System Preservation Project, and Public Works Project No. CP1201 the final pay estimate for the 2012 Local Street Pavement Reconstruction Project. The Committee also discussed storm water management north of the airport, the M Street corridor rechannelization, potential purchase of water rights to Tacoma water from Cascade Water Alliance, the capital project status report, and the Committee's action tracking matrix. The next regular meeting of the Public Works Committee is scheduled for Tuesday, September 3, 2013. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed claims vouchers in the amount of approximately $3.9 million and payroll vouchers in the amount of approximately $2.1 million. Chair Partridge noted the recent purchase of two compressed natural gas (CNG) vehicles and the claims voucher to Jillian Enterprises for lease of the Auburn Avenue Theater. The Committee discussed the June 2013 financial report, which included a review of the status of the General Fund revenues and expenditures, the pet licensing program, golf course revenues and expenditures, and the status of other enterprise funds. The Committee also discussed Resolution No. 4980 relating to a grant from Homeland Security. The next regular meeting of the Finance Committee is scheduled for Tuesday, September 3, 2013. E. Les Gove Community Campus The next meeting of the Les Gove Community Campus Committee is scheduled for August 28, 2013 at 5:00 p.m. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for September 3, 2013 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. Page 6 of 10 CA.A Page 39 of 324 A. Minutes of the August 5, 2013 Regular Meeting B. Claims Vouchers (Partridge/Coleman) Claims voucher numbers 424588 through 424845 in the amount of $3,893,810.39 and dated August 19, 2013. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 534009 through 534047 in the amount of $890,547.11 and electronic deposit transmissions in the amount of $1,227,540.81 for a grand total of $2,118,087.92 for the period covering August 1, 2013 to August 14, 2013. D. Public Works Project No. CP1201 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 8 to Contract No. 12-08 in the amount of $0.00 and accept construction of Project No. CP1201, 2012 Local Street Pavement Reconstruction Project E. Public Works Project No. CP1218 (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-430 with CH2M Hill, Inc. for Engineering Services for Project No. CP1218, Auburn Way South Improvements – Muckleshoot Plaza to Dogwood F. Public Works Project No. CP1225 (Wagner/Dowdy) City Council award Contract No. 13-05, to ICON Materials on their low bid of $924,114.00 for Project No. CP1225, West Valley Highway System Preservation Project G. Public Works Project No. CP1310 (Wagner/Dowdy) City Council award Small Works Contract No. 13-14 to Doolittle Construction, LLC on their low bid of $54,870.00 for Project No. CP1310, 2013 Arterial & Collector Crack Seal H. Public Works Project No. C222A (Wagner/Dowdy) City Council approve Consultant Agreement No. AG-C-435 with Parametrix for Engineering Services for Project No. C222A, the South 277th Street Corridor Capacity & Non-motorized Trail Improvement Project I. Public Works Project No. CP1202 (Wagner/Dowdy) City Council to approve Consultant Agreement No. AG-C-425 with KPG, Inc. for Engineering Services for Project No. CP1202 Auburn Way South Flooding Imp – Phase II Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda consists of minutes, claims and payroll vouchers, and public works projects. MOTION CARRIED UNANIMOUSLY. 7-0 Page 7 of 10 CA.A Page 40 of 324 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. RESOLUTIONS A. Resolution No. 4979 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, amending the 2014-2019 Six Year Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4979. The Resolution amends the Six Year Transportation Improvement Program to change the scope and costs for the South 277th Project and adds the 37th Street SE traffic signal project. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 4980 (Peloza/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the Washington State Military Department in the amount of Fifty Eight Thousand Four Hundred Thirteen Dollars and no cents ($58,413.00) from the United States Department of Homeland Security Emergency Management Performance Grant Program and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4980. The Resolution will accept a grant from Homeland Security in the amount of $58,413.00 and will be used for emergency management training, public education, and temporary emergency management staff. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Page 8 of 10 CA.A Page 41 of 324 Deputy Mayor Backus reported she administered the oath of office to new police officer Landon Rhea and reported on her attendance at the Auburn Days Parade and the ribbon cutting ceremony for the newly renovated Auburn Glen Apartments on A Street SE. Councilmember Wagner reported on his attendance at six of the National Night Out events, the Valley Regional Fire Authority Finance and Governance Board meetings, the Auburn Days Parade, and the King County Housing Authority's grand reopening of Green River Homes. Councilmember Holman reported on his attendance at the National League of Cities First Tier Suburbs steering committee meeting, which included a presentation on the changing demographics of the suburbs and the ability to provide services to those in need in the suburbs. Councilmember Peloza reported on his attendance at the Airport Advisory Board meeting and review of two proposals for airport management. Councilmember Peloza also reported on his attendance at the Water Resource Inventory Area (WRIA) 9 meeting where the 2014 work plan was discussed, the first transfer station and waste management plan review workshop where alternative transfer station scenarios to the current plan were developed. Councilmember Peloza reported that the National League of Cities prescription discount program is available to citizens of the city. To date, the program has saved over $126,000 in prescription drug costs for citizens in Auburn; Auburn ranks fifteenth among the top 20 cities for savings to its citizens. Councilmember Peloza also reminded that the Auburn International Farmers Market is held on Sunday from 10:00 a.m. to 3:00 p.m. Councilmember Partridge reported on his attendance at six National Night Out events, the Auburn Days Parade, and King County Housing Authority's Green River Homes re-opening ceremony. B. From the Mayor Mayor Lewis reported on National Night Out events in which sixty- seven neighborhoods participated. Mayor Lewis, Councilmembers and Department Directors, and other staff members were able to attend all the neighborhood events. Mayor Lewis also reported on the Up with People performance and community events. Mayor Lewis also extended his sympathies to Connie Henke and family on the recent passing of her husband, Norman. Mayor Lewis reported on a visit from the Tamba Youth Ambassadors and his attendance at the Valley Regional Fire Authority Governance Board meeting, Auburn Days, the EmD 3-on-3 basketball tournament, the Vietnamese Alliance dinner, the King County Regional Policy Committee meeting, Page 9 of 10 CA.A Page 42 of 324 and King County Housing Authority's Green River Homes re- opening. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:34 p.m. APPROVED this ____ day of ___________, 2013. __________________________ ________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 10 of 10 CA.A Page 43 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the February 28, 2013 Committee of the Whole Date: August 22, 2013 Department: Administration Attachments: 2/28/2013 Committee of the Whole Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:September 3, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 44 of 324 Committee of the Whole February 28, 2013 - 5:00 PM Auburn City Hall MINUTES I. CALL TO ORDER Deputy Mayor Nancy Backus called the meeting to order at 5:00 p.m. in Council Chambers located at Auburn City Hall, 25 West Main Street in Auburn. Councilmembers present included Deputy Mayor Backus, Rich Wagner, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne, and John Holman. Department Director and staff members present were Human Resources and Risk Management Brenda Heineman, Public Works Director Dennis Dowdy, Multimedia Manager Dana Heineman, Public Affairs and Marketing Manager Glenda Carino, Economic Development Manager Doug Lien, City Attorney Dan Heid, Parks, Arts and Recreation Director Daryl Faber, Assistant Police Chief Bill Pierson, and Deputy City Clerk Shawn Campbell. II. DISCUSSION ITEMS A. Wellness Committee Director Heineman presented the Wellness Program and introduced committee members present at the meeting. She recognized Employment Manager Eileen Sherlock for an outstanding job in completing the Well City Application. In order to qualify for a two percent discount on medical insurance premiums, the City must receive the Association of Washington Cities Well City Award. The Committee's 2013 Goals were developed from the results of a 2012 wellness questionnaire. The Committee developed activities to meet the needs of employees and fulfill the requirements for the Well City application. Councilmembers committed to participating on the Wellness Committee. B. Auburn History Project Mayor Lewis introduced David Spangler. Mr. Spangler has been contracted by the City to compile historical data regarding the Page 1 of 4 CA.B Page 45 of 324 progression of the City of Auburn. Mr. Spangler worked together with the late David Grambush and other town historians to compile information for the Auburn History Project. Mr. Spangler is in the process of developing three interactive maps for the downtown area of Auburn from 1904, 1928 and 1941. The maps will show businesses, street names and locations, and the flow of the White and Stuck Rivers during each of the three time periods. C. City of Auburn Strategic Plan Deputy Mayor Backus introduced the concept of a strategic plan. The Council would recognize five to ten items that are budget priorities. The staff and Council would focus efforts on those items. Having a strategic plan can assist the City in securing grants and additional funding and also helps focus efforts during tough economic times. Councilmember Osborne said it is important to have a wide variety of citizen input. Councilmember Peloza stated the process would move faster if the City has a task force to work on this project including a Council representative. Mayor Lewis stated he liked the idea of having representatives from all parts of the City, but he has concerns with a councilmember being an active participant on the task force. Councilmember Wagner shared a concern about the task force being taken over by professional interests. He requested extra diligence be used to ensure the task force is made up of a diverse group of people. Councilmember Holman listed the core competencies for a city; not easy for competitors to imitate, can be reused widely for more products, services and markets and it contributes something to the end consumer. Deputy Mayor Backus stated a strategic plan would assist the Council in maintaining the trust and confidence of the citizens. Councilmember Wales said the Council needs to step back and let a diverse group of people look at a strategic plan in an unbiased fashion. The plan will need to be flexible with the changing needs of the City. Councilmember Wagner stated the City will need to hire someone to compile the data from the task force. The goals need to be measurable by results. Councilmember Partridge stated including citizens in the discussion builds ownership in the plan within the community. The plan needs to include market driven ideas that include developers and business owners also. The City can set the strategic principals and let the market put in the details. Page 2 of 4 CA.B Page 46 of 324 Mayor Lewis stated the City would need to hold public meetings that are both demographically and culturally diverse in nature, along with simply talking to people on the street. Deputy Mayor Backus stated the goals would be set that represent the priorities of the citizens. There would be both short term and long term goals. D. Port to Port Initiative Mayor Lewis shared a map that showed the commercial transit routes of regional significance. The ports of Puget Sound connect the Valley Cities, they are the second largest industrial area on the west coast and the fourth in the nation. The State of Washington needs to improve the infrastructure of the roads to remain competitive with the other ports around the nation, most of which have already invested money in their ports recently in order to remain competitive. Councilmember Wagner noted that Burlington Northern and Union Pacific Railroads should be included in the discussion. Councilmember Holman said the National League of Cities has an active resolution the help the ports prepare for the Panamax ships including funding for fast freight corridors. Mayor Lewis stated the Ports have not historically worked together. The Port of Tacoma and the Port of Seattle are both represented in the Valley Cities Association. Both ports are beginning to recognize the importance of compiling a unified plan to be competitive in the marketplace. E. Code Enforcement Overview Development Services Manager Tate provided the Council with a Code Enforcement overview. The code enforcement staff interact with people in all areas of the community and cultures. The City has to ensure any new structure fits within the specific standards for the area. There are community vision and pollution issues that code enforcement must enforce. Councilmember Peloza recognized the effectiveness of the City's Wall of Shame program. F. Transit Now Community Shuttle Director Dowdy provided Council with a map of the City shuttle bus service routes and described the services offered. Mayor Lewis is working with the Muckleshoot Tribe on how to integrate the tribes Page 3 of 4 CA.B Page 47 of 324 public transit schedule with the City's so citizens can get to and from all areas of the City. Director Dowdy stated the funding is approximately $100,000.00 per year and the Lakeland shuttle is an additional $116,000.00. The funding comes from the Arterial Street Fund. Councilmember Peloza requested the Transit, Trails and Transportation Committee talk about Sunday shuttle operations and public transportation from the west hill area. Mayor Lewis stated the City is looking at a bigger plan that will give services to more areas creating a more robust public transit system. Councilmember Wales asked how the areas of service are determined. Director Dowdy said this configuration was the initial determination. The routes met the needs of the City and buses in these areas. Councilmember Partridge asked who receives the fees paid by the riders. Director Dowdy said the fees go directly to Metro. The City, Pierce County and Metro share the cost of service. G. Council Retreat Deputy Mayor Backus stated once dates have been confirmed a list of possible dates for a Council Retreat will be sent out to get Councilmembers input. Councilmember Peloza requested the retreat be local. III. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 7:36 p.m. APPROVED the 2nd day of September, 2013. ___________________________ _____________________________ Nancy Backus, Deputy Mayor Shawn Campbell, Deputy City Clerk Page 4 of 4 CA.B Page 48 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: August 27, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Approve Claims Vouchers Background Summary: Claims voucher numbers 424846 through 425097 in the amount of $2,296,606.54 and wire transfers in the amount of $2,049.00 and dated September 3, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:September 3, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 49 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: August 27, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Approve payroll vouchers Background Summary: Payroll check numbers 534048 through 534081 in the amount of $307,488.78 electronic deposit transmissions in the amount of $1,278,059.99 for a grand total of $1,585,548.77 for the period covering August 15, 2013 to August 28, 2013. Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:September 3, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 50 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0912 Date: August 27, 2013 Department: Public Works Attachments: Budget Status Sheet Bid Tab Summary Maps Budget Impact: $0 Administrative Recommendation: City Council award Contract No. 13-03 to Petersen Brothers, Inc. on their low bid of $385,494.50 for Project No. CP0912, Citywide Guardrail Improvements. Background Summary: This project will install guardrail along Mountain View Drive SW, Green River Road SE, and R Street SE/Kersey Way SE. See the attached vicinity maps for specific locations. Construction is anticipated to begin mid-September 2013 and be completed in November 2013. A project budget contingency of $68,956.00 remains in the 102 (Arterial Street) fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:September 3, 2013 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 51 of 324 Project No: CP0912Project Title: Project Manager: Matthew Larson Project Initiation Initiation Date: 4/1/13 Mid Year Advertisement Date: 7/30/13 Contract Award Award Date: Change Order Approval Contract Final Acceptance Funding Prior Years 20132014 Future Years Total 102 Fund - Unrestricted 50,00050,000 102 Fund - Federal Grant502,275502,275 0 Total0552,27500552,275 Activity Prior Years 20132014 Future Years Total Design Engineering - City Costs15,00015,000 Construction Contract Bid385,495 385,495 Authorized Contingency (15%)57,824 57,824 Construction Engineering - City Costs25,00025,000 0 BUDGET STATUS SHEET Citywide Guardrail Improvements Date: September 3 , 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) 0 Total0483,31900483,319 Prior Years 20132014 Future Years Total *102 Funds Budgeted ( )0(552,275)00(552,275) 102 Funds Needed0483,31900483,319 *102 Fund Project Contingency ( )0 (68,956)00(68,956) 102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Budget Status H:\PROJ\CP0912 Citywide Guardrail Improv\Budget\Budget Status Sheets\Budget Status Sheet Citywide Guardrail Improvements.docx.xls 1CA.E Page 52 of 324 BI D T A B U L A T I O N BI D T O T A L S S U M M A R Y Pr o j e c t N a m e : C P 0 9 1 2 , C i t y w i d e G u a r d r a i l I m p r o v e m e n t s , C o n t r a c t 1 3 - 0 3 Pr e p a r e d b y : C i t y o f A u b u r n Bi d D a t e : EN G I N E E R ' S E S T I M A T E : 45 4 , 7 7 6 . 0 0 $ AV E R A G E B A S I C B I D A M O U N T : 4 4 7 , 1 1 7 . 8 3 $ BA S I C B I D S P R E A D A M O U N T : 1 2 7 , 5 6 5 . 5 0 $ B a s i c B I D A m o u n t S p r e a d $ S p r e a d % LO W B I D D E R : P e t e r s e n B r o t h e r s , I n c 3 8 5 , 4 9 4 . 5 0 $ - $ 6 9 , 2 8 1 . 5 0 - 1 5 . 2 3 % Se c o n d B i d d e r : D i r t & A g g r e g a t e I n t e r c h a n g e 4 4 2 , 7 9 9 . 0 0 $ - $ 1 1 , 9 7 7 . 0 0 - 2 . 6 3 % TO T A L B I D ( T a x N o t A p p l i c a b l e ) Pe t e r s e n B r o t h e r s , I n c 38 5 , 4 9 4 . 0 0 $ Di r t & A g g r e g a t e I n t e r c h a n g e 44 2 , 7 9 9 . 0 0 $ Co r a l C o n s t r u c t i o n C o m p a n y 51 3 , 0 6 0 . 0 0 $ 8/ 2 0 / 1 3 8/ 2 1 / 2 0 1 3 ( 9 : 2 7 A M ) h: \ p r o j \ b i d t a b s \ C P 0 9 1 2 B T . x l s 3 CA.E Page 53 of 324 77z 4, T j M X, IV I ui W. 1.4 w Tom W2ctc) a. V Oct i 0 ui w z I, ow wn 0 0 Lo La it k ou u A. 4, l tiVol 1, t U? CA.E Page 54 of 324 W .0® LIMITSAUBURN N CITY G RE KIRIVER' ROAD VICINITY MAP 2 OF 4 momm PROPOSED GUARDRAIL EXISTING GUARDRAIL TO REMAIN) Oft SCALE:I Inch 600 feet ISAAC 0 EVANS PARK AUBURN GOLF JW COURSE ki Y W6 0 CA.E Page 55 of 324 itT tlw -J o VICINITY MAP 3 of 4 pR \ 1 eeaoeonl PROPOSED GUARDRAIL nwwm + REPLACE EXISTING r _•• GUARDRAIL f '"• N' \ CONTOUR LINE(10 FT INCREMENTS) Jt z ". i o zoom 4 oe SCALE:4 Inch=400 feet mk 1.} • \ 1 I C N M TERJA r, GGREO TE 4A VI i, t ; l / + ASPHALT.IfL'A V ,:• .,.;....-`I I I o\`' "`,`'.. ' ) t s 1 { `' , i 'r% `\ 1 .\tlt,. Il Vii•%Ii, CONTINUED ON l I '{1 ` ` i I,t•, :-. VICINITY MAP CA.E Page 56 of 324 CONTINUEDON ulL 0-0 t1 KERSEY WAY VICINITY MAP 4 of 4 Hevill, PROPOSED GUARDRAIL nmwfm REPLACE EXISTING GUARDRAIL EXISTING GUARDRAIL TO REMAIN) CONTOUR LINE (10 FT INCREMENTS) 0 200ft 400,ft AU6UP,ICITyr—'wTsSCALE:1 Inch 400 feet CA.E Page 57 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0909 Date: August 28, 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. 22 to Contract No. 10-23 in the amount of $20,908.07 and accept construction of Project No. CP0909 Lakeland Hills Booster Pump Station Improvements Project. Background Summary: The purpose of the Lakeland Hills Booster Pump Station Improvements project was to replace the existing water booster pump station in the Lakeland Hills water service area in order to meet fire flow demands and to provide adequate domestic water service, as identified in the 2001 Comprehensive Water Plan and the 2009 Comprehensive Water Plan. The existing Lakeland Hills Booster Pump Station facility was replaced with a new facility that provides approximately 500 gpm of domestic supply, 3,125 gpm fire flow supply, and includes emergency power. Work also included upsizing of water mains along 57th Dr SE and Nathan Ave SE to facilitate the fire flow needs in the Lakeland Hills service area and the installation of a side sewer connection off 57th Pl SE. A project budget contingency of $3,292.00 remains in the 430 Water Fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:September 3, 2013 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 58 of 324 Project No: CP0909 Project Title: Project Manager: Ryan L Vondrak 2013 Carry Forward Initiation Date: August 3, 2009 Permision to Advertise Advertisement Date: October 19, 2010 Contract Award Award Date: November 15, 2010 Change Order Approval Contract Final Acceptance Funding Prior Years 2011 2012 2013 Total Bond Proceeds - 430 Fund (Water)479,005 1,486,327 496,177 2,461,509 Water - 430 Fund 21,184 269,033 290,217 Total 479,005 1,486,327 517,361 269,033 2,751,726 Activity Prior Years 2011 2012 2013 Total Design Engineering - City Costs 36,201 36,201 Design Engineering - Consultant Costs 437,233 437,233 Construction Contract Bid 1,381,685 430,490 171,387 1,983,562 Change Order #1 15,916 15,916 **Change Order #4 20,381 20,381 Line Item Changes (10,283)(10,283) Construction Engineering - City Costs 3,272 39,226 46,805 62,287 151,591 Const Engineering - Consultant Costs (Carollo)2,298 42,776 16,478 39,849 101,400 Const Engineering - Consultant Costs (Krazan/Jasons)6,724 3,207 2,501 12,432 Total 479,005 1,486,327 517,361 265,741 2,748,434 **Change Orders #2 and #3 were zero dollar change orders. Prior Years 2011 2012 2013 Total *430 Funds Budgeted ( )(479,005)(1,486,327)(496,177)0 (2,461,509) 430 Funds Needed 479,005 1,486,327 496,177 0 2,461,509 *430 Fund Project Contingency ( )0 0 0 0 0 430 Funds Required 0 0 0 0 0 Prior Years 2011 2012 2013 Total *430 Funds Budgeted ( )0 0 (21,184)(269,033)(290,217) 430 Funds Needed 0 0 21,184 265,741 286,925 *430 Fund Project Contingency ( )0 0 0 (3,292)(3,292) 430 Funds Required 0 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. BUDGET STATUS SHEET Lakeland Hills Booster Pump Station Imp Date: August 27, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) 430 Water Budget Status 430 Water Budget Status (Bond Proceeds) CA.F Page 59 of 324 CITY OF AUBURN CO. NO. 10.23 CP0909 Lakeland Hills Booster Pump Station Improvements PAY ESTIMATE#22 SCHEDULE A: Water Utility Improvements ITEM I ESTIMATE TOTAL PERIOD ILS UNIT COST TOTAL COST PERIOD COST PERCENT EST.NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTIT QTY. 1 1Mmor Changes 1 0.660 0.381882 50,000.00 $33,012.81 $ 19,094.13 66% 2 Utilny Potholing 17 10 230.00 $ 2,300.00 $ 59% 3 Mobilization 1 1 150,000.00 $ 150.000.00 $ 100% 4 Construction Site Sign(s)1 1 1,000.00 $ 1,000.00 $ 100% 5 (Traffic Control Labor(Min.Bid$34.00 per hour 160 168 44.00 $ 7,392.00 $ 105% 6 Portable angeable Message Sign 10 0 150.00 $ 3 0% 7 Clearing and Grubbing 1 1 10,000.00 $10,000 00 $ 100% 8 Removal of tructures antl Obstructions 1 1 LS 5,000.00 $ 5,000.00 $ 100% Decommission,Demolish,and Remove Existing Lakeland i 1 9 Hilis Booster Pump Station 1 1 LS 8,000.00 $ 8,000.00 $ 100% 10 Subgrade Preparation( ite Improvements) 466 466 SY 1-3.00 $ 1,398.00 $ 100% Shoring or Extra Excavation Class B(Offsite 11 Improvements) 2695 23851 SF 1 0.10 $ 238.50 $ 88% 12 [Crushed Surtaang Top Course 1233 922.37 TON 12.00 $11,068.44 $ 75% 13 Crushed Surfacing Base Course 943 395.97 TON 12.00 $ 4,751.64 $ 42% 14 Commercial HMA 205 236.71 TON 110.00 $26,038.10 1 $ 115% 15 Asphalt Cold Patch 50 6.8 TON 85.00 $ 578.00 1 S 14% 16 Planing Bituminous Pavement 699 657 SY 5 00 $ 3,285.00 ! $ 94% 17 Pipe Foundation Material 30 1 TON 20.00 $ 0 18 Controlled Density Fill(CDF)for Trench Backfill 100 177 CY i 100.00 $17,700.00 $ 177°h 19 jConnect to Existing Water Main(Offske Improvements) 1 1 EA 1 2.500.001 $ 2,500.00 $ 100% 20 112 inch DIP(Class 52)Watennain(Offske Improvements) 468 477 LF :125.00i $59,625.00 . $ 102% 21 (,Gate Valve,12 inch Diam.(Offsite Improvements)2 2 EA 1 2,500.001 $ 5,000.00 $ 1 100% Tapping Sleeve and Valve Assembly(12 x12 x12 inch) 1 i 22 i(Offsite Improvements) 1 1 EA 1 6,000001 $ 6,000.00 $ 100% i Water Service Connection 314 inch Meter with 1 inch j 23 Diam.Service Line 1 1 IA 2,500.001 $ 2,50000 '1 $ 100% 24 (Lakeland Hills Booster Pump Station Complete 1 1.000 LS 1 1,400,000 001 $ 1,399,999.99 $ 100% 25 ?emporary Water Pollution/Erosion and Sediment Control 1 0.129 Eq.Adj. 25,000.00 $ 3,231.59 $ 13% 26 Topsoil Type A(Cffsite Improvements) 38 12 CY 40.00 $ 48000 $ 32% 27 Lawn Sod(Offsite Improvements) 114 33 SY 12.00 $ 396.00 $ 29% 28 'Monument Type B(Modified) 3 0 EA 1,000.00, $ 0% 29 ment-Concrete Sidewalk(Offsite Improvements) 12 7.2 _ SY 80.00 $ 576.00 $ 60% CO-1 20 Inch Gate Valve Mod'rfications 1 1 LS 14,535 61 $14,535.61 $ 100% C04 Hydrant Assembly Complete 1 1 LS 18,613.06 $18,613.061 $ SCHEDULETOTAL $ 19,094.13 Penod Dates Begin: June 21,2013 End:July 20,2013 h:\proj\pe\CP0909 PE.xls 1 of 3 8/122013 at 10:19 AM CA.F Page 60 of 324 CITY OF AUBURN CO.NO. 10-23 PROJECT SUMMARY Lakeland Hills Booster Pump Station Improvements SCHEDULE A. Water Utility Improvements PAY ESTIMATE#22 Original Contract Contract Change Amount Orders Total Payment This Period Percent/ContraGt SCHEDULE A: Water Utility Improvements Contract 1,811,472.50 $ 33,148.67 $ 1,835,230.04 $ 19,094.13 99% Sales Tax(+9,5%) 172,089.89 $ 3,149.12 $ 174,346.85 $1,813.94 Bond in Lieu of Retainage $ SCHEDULETOTAL 1,983,562.39 $ 36,297.79 $ 2,009,576.89 $ 20,908.07 TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax) 2,009,576.89 TOTAL PAYMENT TO CONTRACTOR 2,009,576.89 $ 20,908.07 PAYMENT DUE CONTRACTOR: 20,908 07 Period Dates Begin: June 21,2013 End:July 20,2013 h:\proj\ye\CP0909 PE As 2 of 3 8/12/2013 at 10:19 AM CA.F Page 61 of 324 CITY OF AUBURN CO. NO. 10-23 CP0909 PAY ESTIMATE#22&FINAL CONTRACTOR: Buno Construction, LLC 20219 99th Avenue SE Snohomish, WA 98296 Phone: 425-486-1280 The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever nature which I may have, arising out of this contract,which are not set forth in this estimate. PAYMENT DUE TO CONTRACTOR= 20,908.07 Signatures: Contractor Date Inspector Date Project Manager Date P -1 /3 City Engineer Date h:lproroj\pe\CP0909 PE.xls 3 of 3 8/1212013 at 10:19 AM CA.F Page 62 of 324 CA.F Page 63 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1207 Date: August 28, 2013 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award Contract No. 13-10, to the lowest responsible bidder for Project No. CP1207, D Street Utility Improvements Project. Background Summary: The purpose of this project is to design and construct storm drainage, sanitary sewer and water improvements along D St. NE between Auburn Way North(AWN) and S. 277th St. Water improvements consist of extending a new 12” ductile iron water main along D St. NE from AWN to 49th St NE to replace an existing 6” asbestos-cement water line. Sanitary sewer improvements include decomissioning the D St. NE sewer pump station and replacing it with a gravity conveyance system, consisting of a new 12” sanitary sewer main along D St. NE from AWN to S. 277th St. Storm drainage improvements include replacing and upsizing the existing 30” storm line with a new 36” storm line along D St. NE from AWN to S. 277th St. Because the bid opening was held on August 29, 2013. There was not adequate time for staff to compile the bid tabulation to include in the agenda packet. A revised agenda bill specifying the contractor and contract amount will be distributed to the Committee and Council at their meetings scheduled for September 3, 2013. Updated information regarding the budget status will be presented with the revised agenda bill. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:September 3, 2013 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Page 64 of 324 AUBURN * MORE THAN YOU IMAGINEDCA.G Page 65 of 324 BUDGET STATUS SHEET Project No: CP1207 Project Title: D Street Utility Improvements Project Project Manager: Kim Truong Date: August 26, 2013 Project Initiation Initiation Date: ____01/22/2013_____ Permission to Advertise Advertisement Date: _07/15/2013_ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funds Budgeted (Funds Available) Funding Prior Years 2012 2013 Total 430 Fund - Water 9,374 278,009 287,383 431 Fund - Sewer 15,610 513,970 529,580 432 Fund - Storm Drainage 17,014 582,986 600,000 Total 0 41,998 1,374,965 1,416,963 Estimated Cost (Funds Needed) Activity Prior Years 2012 2013 Total Design Engineering - City Costs 41,998 60,000 101,998 Design Engineering - Consultant Costs 13,889 13,889 Permits 1,342 1,342 Construction Estimate 1,209,734 1,209,734 Project Contingency 50,000 50,000 Construction Engineering - City Costs 40,000 40,000 Total 0 41,998 1,374,965 1,416,963 430 Water Budget Status Prior Years 2012 2013 Total *430 Funds Budgeted ( )0 (9,374)(278,009)(287,383) 430 Funds Needed 0 9,374 278,009 287,383 *430 Fund Project Contingency ( )0 0 (0)0 430 Funds Required 0 0 0 0 431 Sewer Budget Status Prior Years 2012 2013 Total *431 Funds Budgeted ( )0 (15,610)(513,970)(529,580) 431 Funds Needed 0 15,610 513,970 529,580 *431 Fund Project Contingency ( )0 (0)0 0 431 Funds Required 0 0 0 0 432 Storm Budget Status Prior Years 2012 2013 Total *432 Funds Budgeted ( )0 (17,014)(582,986)(600,000) 432 Funds Needed 0 17,014 582,986 600,000 *432 Fund Project Contingency ( )0 (0)(0)(0) 432 Funds Required 0 0 0 0 H:\PROJ\CP1207-D St Utilities Improvement\Budget\BudgetStatusSheet.xls 1 of 1CA.G Page 66 of 324 CA.G Page 67 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1222 Date: August 28, 2013 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1222 Citywide Traffic Signal Safety Improvements. Background Summary: The Citywide Traffic Signal Safety Improvement project will construct various safety improvements at the following locations: l Auburn Way North/4th Street NE l Auburn Way N/1st Street NE l Auburn Way N/E Main Street l Auburn Way S/2nd Street SE l Auburn Way S/4th Street SE l Auburn Ave NE/1st Street NE l A Street SE/2nd Street SE l A Street SE/3rd Street SE l A Street SE/6th Street SE l A Street SE/17th Street SE l A Street SE/29th Street SE l C Street SW/8th Street SW l C Street SW/15 Street SW These improvements will include flashing yellow arrow left turn operations, auxiliary signal heads, vehicle detection systems, signal head backplates with yellow reflective yellow tape and new LED signal head lamps. The total estimated project cost is $484,832, which matches the amount budgeted for the project. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDCA.H Page 68 of 324 Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:September 3, 2013 Item Number:CA.H AUBURN * MORE THAN YOU IMAGINEDCA.H Page 69 of 324 Project No: CP1222Project Title: Project Manager: Robert Lee Project Initiation Initiation Date: _9/25/2012_ Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20122013 Future Years Total 102 Fund - Unrestricted01,91682,916084,832 102 Fund - Federal Grant00400,0000400,000 Total01,916482,9160484,832 Activity Prior Years 20122013 Future Years Total Design Engineering - City Costs01,91653,802055,718 Design Engineering - Consultant Costs 00000 Construction Estimate00367,3760367,376 Project Contingency (10%)0036,738036,738 Construction Engineering - City Costs0023,500023,500 WSDOTAdminstrativeCosts 0 0 1500 0 1500 BUDGET STATUS SHEET Citywide Traffic Signal Safety Improvements Date: 8/26/2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Estimated Cost (Funds Needed) Funds Budgeted (Funds Available) WSDOT Adminstrative Costs 0 0 1,500 0 1,500 0 Total01,916482,9160484,832 Prior Years 20122013 Future Years Total *102 Funds Budgeted ( )0(1,916)(482,916)0(484,832) 102 Funds Needed01,916482,9160484,832 *102 Fund Project Contingency ( )00(0)0(0) 102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Budget Status H:\PROJ\CP1222-Citywide Traffic Signal Safety Imp\Budget\CP1222 BudgetStatusSheet.xls Page 1 of 1 8/27/2013CA.H Page 70 of 324 Citywide Traffic Signal Safety Improvements Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 8/27/2013 CA.H Page 71 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. EM0902 Date: August 28, 2013 Department: Public Works Attachments: Budget Status Sheet Bid Tab Summary Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award Small Works Contract No. 13-13, to Henderson Partners, LLC on their low bid of $63,904.00 plus Washington State sales tax of $6,070.88 for a total contract price of $69,974.88 for Project No. EM0902 Auburn Valley Drive-In Site Restoration. Background Summary: During the Fall of last year, the temporary flood control barriers were removed from the Auburn Valley Drive-In property and a number of disturbed areas were restored back to their original condition, but due to the poor weather and soft ground condition the restoration process was suspended. The objective of this project is to finish restoring the Auburn Valley Drive-In property back to their original condition. Construction is anticipated to begin in mid September 2013 and be complete by October 2013. A project budget contingency of $726,897.99 remains in the King County Flood Control District fund and $242,300.00 remains in the King County Flood Control District Opportunity Fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:September 3, 2013 Item Number:CA.I AUBURN * MORE THAN YOU IMAGINEDCA.I Page 72 of 324 Project No: EM0902 Project Title: Project Manager: Kim Truong Initiation/Consultant Agreement Initiation Date: _________ Permission to Advertise Advertisement Date: ____ Contract Award Award Date: _________ Change Order Approval Contract Final Acceptance Funding Prior Years 2012 2013 Total King County Flood Control District (KCFCD)787,110 818,410 1,605,520 KCFCD Opportunity Fund 262,370 272,804 535,174 Total 0 1,049,480 1,091,214 2,140,694 Activity Prior Years 2012 2013 Total Design and Construction Engineering - City Costs 72,909 32,041 104,950 Closed Construction Contract 972,862 972,862 Construction Contract 69,975 69,975 Authorized Contingency 20,000 20,000 Other 3,710 3,710 Total 0 1,049,480 122,016 1,171,496 Prior Years 2012 2013 Total *KCFCD Funds Budgeted ( )0 (787,110)(818,410)(1,605,520) KCFCD Funds Needed 0 787,110 91,512 878,622 *KCFCD Fund Project Contingency ( )0 0 (726,898)(726,898) KCFCD Funds Required 0 0 0 0 Prior Years 2012 Future Years Total *Opportunity Funds Budgeted ( )0 (262,370)(272,804)(535,174) Opportunity Funds Needed 0 262,370 30,504 292,874 *432 Fund Project Contingency ( )0 0 (242,300)(242,300) 432 Funds Required 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. KCFCD Opportunity Fund Budget Status King County Flood Control District Budget Status Estimated Cost (Funds Needed) BUDGET STATUS SHEET Auburn Valley Drive-In Site Restoration Date: August 26, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) CA.I Page 73 of 324 CA.I Page 74 of 324 CA.I Page 75 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6476 Date: August 27, 2013 Department: Planning and Development Attachments: Agenda Bill Ord 6476 DNS and Checklist Budget Impact: $0 Administrative Recommendation: City Council to adopt Ordinance No. 6476 Background Summary: See attached agenda bill. Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal, Planning Commission Councilmember:Backus Staff:Welch Meeting Date:September 3, 2013 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 76 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6476, Proposed amendments to Auburn City Code Section 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the city (File No. ZOA13-0004). Date: August 28, 2013 Department: Planning and Development Attachments: See exhibit list (at end of report) Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6476 amending Auburn City Code Chapter Section 16.10.110 Summary: The purpose of this amendment to the code is to provide greater flexibility in the city’s critical area regulations and specifically to allow mitigation, especially wetland mitigation, to be located outside the city limits which is not currently allowed. The general approach of these code amendments was discussed with and reviewed by the Planning and Community Development Committee of the City Council on May 28, 2013 at their regular meeting. The Committee was supportive of the general approach. Staff discussed and presented an earlier draft of the code amendment language to the Planning Commission on July 2, 2013 at their regular meeting. The proposed critical areas regulations were subsequently modified in response to comments received from the Washington State Department of Ecology. The Planning Commission conducted a public hearing on the proposed amendments on August 20, 2013 and forwarded a recommendation for approval based on staff recommendation. The code amendments were reviewed and discussed by the Planning and Community Development Committee of the City Council on August 26, 2013 at their regular meeting and the Committee forwarded a recommendation of approval to the full city council. A discussion of the amendments was conducted by the Finance Committee on September 3, 2013. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Backus Staff: Welch Meeting Date: September 3, 2013 Item Number: ORD.A Page 77 of 324 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA13-0004) Date: August 28, 2013 Page 2 of 8 Background The City adopted its critical area regulations in 2005 by Ordinance No. 5894. The adoption was a culmination of a series of extensive workshops and hearings over more than a 9-month period with the Planning Commission and City Council. The regulations have been in effect now for 8 years, and have been working well and proven effective. One subject area of the critical areas that has been evolving since the time of the City’s adoption of these regulations however, is the way in which mitigation is accomplished, especially mitigation related to wetlands. Where mitigation or compensating for the impact is appropriate, there is generally a movement and desire in the environmental regulating agencies to move to an eco-region approach to addressing the impact and mitigation. In the case of wetlands, this is generally based on a watershed area or drainage basin—replacing the resource within the same contributory surface water area of a river or lake as the impact. This watershed basis to evaluating the location of impacts and the location of the mitigation sites takes into account the natural environment of the resource and the fact that environmental resources do not always neatly fit into or observe jurisdictional or political boundaries. Auburn City Code Section 16.10.110 establishes the standards, criteria, and plan requirements for development activities that result in mitigation of impacts to critical areas. While this section applies to all types of critical areas, it is most commonly implemented in relation to wetlands. This is because other types of critical areas tend to be more geographically dependant. ACC 16.10.110.B states that “Mitigation Sites shall be located in the City.” And it is recommended that this language be modified so that the location of mitigation sites can be more flexible and can be located outside of the City. This may also include a location outside the city through a mitigation bank or fee in-lieu. The change would allow the mitigation site to be located outside the City for those projects that are allowed to impact critical areas. While the City’s critical area regulations promote avoidance of impacts to critical areas and on- site mitigation as preferred approaches, where these are not viable, mitigation within the same watershed is a commonly accepted approach. Different portions of the City are located within the watershed of the Green and White Rivers, each of which extend substantially beyond the city limits which means there is potential for pursing mitigation opportunities outside the city. The change would also increase consistency with the approach utilized by other agencies that have jurisdiction for wetland impacts, such as the Army Corps of Engineers, thus making it easier for applicants to meet the mitigation requirements of various levels of government that have jurisdiction for regulating wetlands for the same project. Findings of Fact 1. In summary, the intent of the proposed code amendment is to provide greater flexibility in the administration of the city’s existing critical area regulations contained in Auburn City Code (ACC) Section 16.10. 2. The City of Auburn contains numerous areas that can be identified and characterized as critical or environmentally sensitive. Such areas within the city include wetlands, streams ORD.A Page 78 of 324 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA13-0004) Date: August 28, 2013 Page 3 of 8 (and rivers), wildlife habitat, geologic hazards, ground water protection areas, and flood hazard areas. 3. The City finds that these critical areas perform a variety of valuable and beneficial biological and physical functions that benefit the city and its residents. Alteration of certain critical areas may also pose a threat to public safety or to public and private property or the environment. The city therefore finds that identification, regulation and protection of critical areas are necessary to protect the public health, safety and general welfare. 4. The critical area regulations and other sections as incorporated by reference contain standards, procedures, criteria and requirements intended to identify, analyze, and mitigate potential impacts to the city's critical areas, and to enhance and restore degraded resources where possible. The general intent of these regulations is to avoid impacts to critical areas. In appropriate circumstances, impacts to specified critical areas resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements of this chapter. 5. It is the further stated intent of the city’s critical area regulations to: 1. Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and implement rules to identify and protect critical areas and to perform the review of development regulations required by RCW 36.70A.215; 2. Develop and implement a comprehensive, balanced and fair regulatory program that avoids impacts to critical resources where possible, that requires that mitigation be performed by those affecting critical areas, and that thereby protects the public from injury, loss of life, property or financial losses due to flooding, erosion, landslide, seismic events, soil subsidence, or steep slope failure; 3. Implement the goals and policies of the Auburn comprehensive plan, including those pertaining to natural features and environmental protection, as well as goals relating to land use, housing, economic development, transportation, and adequate public facilities; 4. Serve as a basis for exercise of the city's substantive authority under the State Environmental Policy Act (SEPA) and the city's environmental review procedures, where necessary to supplement these regulations, while also reducing the city's reliance on project-level SEPA review; 5. Provide consistent standards, criteria and procedures that will enable the city to effectively manage and protect critical areas while accommodating the rights of property owners to use their property in a reasonable manner; 6. Provide greater certainty to property owners regarding uses and activities that are permitted, prohibited, and/or regulated due to the presence of critical areas; 7. Coordinate environmental review and permitting of proposals involving critical areas with existing development review and approval processes to avoid duplication and delay pursuant to the Regulatory Reform Act, Chapter 36.70B RCW; ORD.A Page 79 of 324 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA13-0004) Date: August 28, 2013 Page 4 of 8 8. Establish conservation and protection measures for threatened and endangered fish species in compliance with the requirements of the Endangered Species Act and the Growth Management Act requirements to preserve or enhance anadromous fisheries, WAC 365-195-925; 9. Alert members of the public, including appraisers, assessors, owners, potential buyers or lessees, to the development limitations of critical areas and their required buffers. 6. The City adopted its critical area regulations in 2005 by Ordinance No. 5894. 7. The proposed amendment of the city’s critical area regulations is exempt from the “Notice of Application” procedures under ACC 14.02.070, “Project permit or project permit application” and ACC 14.02.040, “Development regulations”, since the adoption or amendment of critical area regulation is a type of “development regulation” that is not a "Project permit" or "project permit application". The Notice of Application is required only for project permits and not development regulations. 8. The code amendment is subject to environmental review process under the Washington State Environmental Policy Act (SEPA). A Determination of Non-Significance (DNS) was issued July 22, 2013 and the city observed a fourteen-day public comment period. The City did not receive any comments in response to notice of the public comment period. 9. Pursuant to RCW 36.70A.106, the proposed critical area code amendment was sent to the Washington State Department of Commerce and other state agencies as required for the state review of modifications of development regulations. The amendments were sent on June 27, 2013. The City requested expedited review, as allowed by their procedures. The Department of Commerce granted expedited review and acknowledged receipt on July 1, 2013. 10. In response to submittal of the proposed critical area amendment to the Washington State Department of Commerce and other state agencies, the city received comments from the Washington State Department of Ecology, Critical Area Ordinance Coordinator and Alternative Mitigation Specialist. The comments made some edits to clarify under what circumstances mitigation is allowed to be constructed off-site and added some language to allow more mitigation options. After critical review, the city incorporated their comments. 11. The general approach of these code amendments was discussed with and reviewed by the Planning and Community Development Committee of the City Council on May 28, 2013 at their regular meeting. The Committee was supportive of the general approach. 12. Staff discussed and presented an earlier draft of the code amendments language to the Planning Commission on July 2, 2013 at their regular meeting. The proposed critical areas regulations were subsequently modified in response to the Washington State Department of Ecology comments received. ORD.A Page 80 of 324 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA13-0004) Date: August 28, 2013 Page 5 of 8 13. The Planning Commission conducted a public hearing on the proposed amendments on August 20, 2013 and forwarded a recommendation for approval. 14. The code amendments were reviewed and discussed by the Planning and Community Development Committee of the City Council on August 26, 2013 at their regular meeting and the Committee forwarded a recommendation of approval to the full city council. 15. A discussion of the amendments was conducted by the Finance Committee on September 3, 2013. 16. The public hearing notice was published on August 8, 2013 in the Seattle Times newspaper at least 10 days prior to the Planning Commission public hearing scheduled for August 20, 2013. 17. The following conclusions support the proposed amendments to Chapter 16.10.110, scheduled for the Planning Commission’s August 20, 2013 public hearing with a staff recommendation of approval. Conclusions 1. These code amendments are supported by the City of Auburn’s Comprehensive Plan. The Comprehensive Plan contains several goals, objectives, and policies that promote flexibility in the City’s development regulations and prescribe the approach to development regulations. The Comprehensive Plan also has sections that address the protection and management of environmentally-sensitive or critical area resources. The following goals, objectives, and policies excerpted from the Comprehensive Plan relate to this proposal: 2. Excerpt from : CHAPTER 1 – PLAN BACKGROUND “GOAL 2 – FLEXIBILITY: To provide predictability in the regulation of land use and development, especially where residential uses are affected, but to also provide flexibility for development through performance standards that allow development to occur while still protecting and enhancing natural resources, cultural resources and critical lands and in overall compliance with this Comprehensive Plan.” “Discussion: Predictability of land development regulation is important to both existing and future property owners and to new development. It assures property owners that adjacent properties will develop in a consistent manner and it helps new development to plan for their development based on knowing what is allowed and what is not. Since all parcels are not identical, however, it is helpful to have some flexibility in land development regulation. While a variance can sometimes resolve some of these issues, regulations which provide some flexibility in the form of performance standards can help to provide development which better meets the goals and policies of this Comprehensive Plan rather than ORD.A Page 81 of 324 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA13-0004) Date: August 28, 2013 Page 6 of 8 strict adherence to a set standard established in the zoning ordinance.” (Emphasis added) “A discussion of issues and polices related to this goal can be found in Chapter 2: General Approach to Planning.” Complies: This goal sets out that all of the City’s regulations should be designed to provide predictability while maintaining the ability for flexibility. By providing a wider range of methods critical area mitigation is accomplished this code amendment provides predictability and consistency. Also, in furtherance of this goal, the code amendment provides that mitigation banking or fee in lieu programs may also be used to satisfy mitigation. On-site mitigation also continues to be an option. 3. A similar theme as the goal in Chapter 1 is expressed in Chapter 2 as follows: CHAPTER 2 – GENERAL APPROACH TO PLANNING “GOAL 2 – FLEXIBILITY: To provide predictability in the regulation of land use and development, especially where residential uses are affected, but to also provide flexibility for development through performance standards that allow development to occur while still protecting and enhancing natural resources, and critical lands and in overall compliance with this Comprehensive Plan.” “Objective 2.4. To provide for the development of innovative land management techniques to implement this Comprehensive Plan.” “Policies: “GP-17 Flexible land development techniques including, but not limited to, clustering and planned unit developments (PUDs) for the development of residential, commercial, and industrial properties shall be considered to implement this comprehensive plan.” “GP-18 Flexibility should be provided to encourage compact urban development, to protect critical areas and resource lands, to facilitate the use of transit or non-motorized transportation, and to encourage the redevelopment of underutilized or deteriorated property.” “GP-19 Any flexibility should be easy to administer and should provide the community with an adequate level of predictability.” Complies: This goal, objective, and related policies address the need for flexibility in critical area regulations while addressing the importance of protection and management of critical areas. 4. Excerpt from : CHAPTER 9 – ENVIRONMENT ORD.A Page 82 of 324 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA13-0004) Date: August 28, 2013 Page 7 of 8 “GOAL 18. ENVIRONMENT AND NATURAL RESOURCES To maintain and promote a safe and healthy environment and preserve the quality of life and to protect the area's most unique, sensitive and productive natural resources. To encourage natural resource industries within the city to operate in a manner which enhances, (rather than detracts from), the orderly development of the City.” “Objective 18.4 To continue to enhance and maintain the quality of important wetland resources in the City and region.” “Policies:” “EN-27 The City recognizes the important biological and hydrological roles that wetlands play in providing plant and animal habitat, protecting water quality, reducing the need for man-made flood and storm drainage systems, maintaining water quality, and in providing recreational, open space, educational and cultural opportunities. The City will consider these roles and functions in all new development and will also pursue opportunities to enhance the existing wetland system when these multiple benefits can be achieved.” “EN-28 The City recognizes that wetlands provide varying degrees of biological and hydrological functions and values to the community depending on the size, complexity and location of the individual system, and that the overall degree of functions and values should be considered when reviewing proposals which impact wetlands. In a similar manner, the levels of protection afforded to a wetland shall be consistent with its existing function and values. The City shall continue to promote policies and practices of enhancing the wetlands that are hydraulically connected to the river systems to improve fish resources and aquatic habitat.” “EN-29 The City shall consider the impacts of new development on the quality of wetland resources as part of its environmental review process and shall require appropriate mitigation and monitoring measures of important wetland areas. Such mitigation may involve conservation, enhancement or restoration or replacement of important wetlands, and provisions for appropriate buffering. The goal of the mitigation should be no net loss of wetland functions and values. A permanent deed restriction shall be placed on any wetlands created or enhanced to ensure that they are preserved in perpetuity.” “EN-30 Wetlands which are associated with a river or stream, or provide significant plant and animal habitat opportunities are recognized by the City as the most important wetland systems, and shall receive the highest degree of protection and mitigation through conservation, enhancement or relocation measures. Wetlands which are limited in size, are isolated from major hydrological systems, or provide limited hydrological or plant ORD.A Page 83 of 324 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA13-0004) Date: August 28, 2013 Page 8 of 8 and animal habitat opportunities may be considered by the City for development and displacement in conjunction with appropriate mitigation.” Complies: This goal, objective and the related policies address the need for flexibility in the approach to critical area regulations and seek to balance the importance of protection and management of critical areas commensurate with the quality of the resource. These policies, which are specifically related to wetlands, address opportunities for enhancement of wetland resources as provided through mitigation, address that mitigation should be designed to replace functions and values lost due to impacts, that mitigation may involve conservation, enhancement or restoration or replacement of wetlands and that the degree of protection and mitigation will vary with the quality or the resource. The proposed code change provides increase flexibility without a reduction in mitigation standards. Exhibits: Exhibit A: Ordinance No. 6476 Amending ACC 16.10.110, “Mitigation standards, criteria and plan requirements” Exhibit B: Determination of Non-Significance (DNS) and Completed Environmental Checklist Application. ORD.A Page 84 of 324 ORDINANCE NO. 6 4 7 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 16 10 110 OF THE AUBURN CITY CODE RELATING TO THE LOCATION OF CRITICAL AREA MITIGATION WHEREAS, from time to time, amendments to the City of Auburn critical areas code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, from time to time, amendments to the City of Auburn critical areas code are appropriate, in order to remain consistent with evolving scientific understanding of critical areas and critical area replacement (mitigation) and in order to facilitate the use and understanding of code sections, and WHEREAS, the purpose of this amendment to the code is to provide the flexibility to have critical area mitigation sites located outside the city limits when ecologically preferable and when consistent with other provisions of the critical areas code, and WHEREAS, these code amendments were subject to environmental review process under the Washington State Environmental Policy Act (SEPA) A Determination of Non-Significance (DNS) was issued July 22, 2013 and the City observed a fourteen-day public comment period The City did not receive any comments in response to notice of the public comment period, and Ordinance No. 6476 August 27, 2013 Page 1 of 5 ORD.A Page 85 of 324 WHEREAS, these code amendments were considered by the Planning Commission at a duly noticed public hearing on August 20, 2013 and after the close the public hearing the Planning Commission forwarded a recommendation for approval to the City Council; and WHEREAS, the code amendments were reviewed by the Planning and Community Development Committee of the City Council on May 28, 2013 and August 26, 2013, and thereafter the Committee forwarded a recommendation for approval to the full City Council. WHEREAS, upon the recommendations, the City Council determines that the following code changes are in the best interest of the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN, as follows. Section 1. Amendment to City Code. That section 16 10 110 of the Auburn City Code entitled "Mitigation standards, criteria and plan requirements" is hereby amended to read as follows. 16 10.110 Mitigation standards, criteria and plan requirements A. Mitigation Standards Adverse impacts to critical area functions and values shall be mitigated Mitigation actions shall generally be implemented in the preferred sequence identified in this chapter Proposals which include less preferred and/or compensatory mitigation shall demonstrate that: 1 All feasible and reasonable measures as determined by the department have been taken to reduce impacts and losses to the critical area, or to avoid impacts where avoidance is required by these regulations, 2 The restored, created or enhanced critical area or buffer will be as viable and enduring as the critical area or buffer area it replaces, and 3. No overall net loss will occur in wetland or stream functions and values The mitigation shall be functionally equivalent to or greater than the altered Ordinance No. 6476 August 27, 2013 Page 2 of 5 ORD.A Page 86 of 324 wetland or stream in terms of hydrological, biological, physical, and chemical functions. B Location and Timing of Mitigation 1 The preferred location of mitigation is on-site when ecologically preferable to other identified alternatives. Mitigation may be allowed off-site eaty when it is determined by the department that on-site mitigation is not srieRtifisally alp ecologically preferable to other identified alternatives OF PraGt Gal due to p-hy6=iGa4-featic es of the property, or, in the case of wetlands, where the affected site is identified as appropriate for off-site mitigation in the Mill Creek Special Area Management Plan (SAMP), April 2000 The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site or is consistent with the SAMP When on site If it is determined that on-site mitigation is not ecologically preferable to other identified alternatives, mitigation shall be provided in the same drainage basin as the permitted activity on property owned, secured, or controlled by the applicant. or provided by the applicant using alternative mitigation options such as mitigation banking or in-lieu fee programs. The where %;ueh mitigation is--pr-astisal-and beRef sial should result in no net loss to the critical area functions impacted and associated r-eseurseswatershed Mitigate teS-6".11—be IOGated within the Gity Where mitigation is authorized to be located outside the City limits, the Applicant shall assure to the satisfaction of the Department that other requirements of this Chapter will be met including but not limited to, monitoring and maintenance 2. In-kind mitigation shall be provided except when the applicant demonstrates, and the department concurs, that greater functional and habitat value can be achieved through out-of-kind mitigation 3 When wetland, stream or habitat mitigation is permitted by these regulations, the mitigation project shall occur near an adequate water supply river, stream, ground water) with a hydrologic connection to the critical area to ensure a successful mitigation or restoration A natural hydrologic connection is preferential as compared to one which relies upon manmade or constructed features requiring routine maintenance 4 Any mitigation plan shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule that assures completion prior to occupancy has been approved by the department. C Wetland Replacement Ratios 1 Where wetland alterations are permitted by the director, the applicant shall enhance or create areas of wetlands in order to compensate for wetland losses The compensation shall be determined according to acreage, function, type, location, timing factors and projected success of enhancement or creation 2 The following acreage replacement and enhancement ratios shall be implemented, however, the department may vary these standards if the applicant can demonstrate and the director agrees that the variation will provide adequate compensation for lost wetland area, functions and values, or if other Ordinance No. 6476 August 27, 2013 Page 3 of 5 ORD.A Page 87 of 324 circumstances as determined by the director justify the variation Except as provided for Category IV wetlands in subsection (C)(3) of this section, in no case shall the amount of mitigation be less than the area of affected wetland The director may at his discretion increase these standards where mitigation is to occur off-site or in other appropriate circumstances 3 Category IV wetlands can either be mitigated by either (a) meeting one of the replacement ratios (*see following table), or (b) implementing mitigation which ensures no net loss of values and functions of the larger ecosystem in which the critical area is located Wetland Creation Ratio Wetland Enhancement Wetland Category (Acres) Ratio (Acres) Acres Created or Enhanced Acres Impacted) Category 1 6.1 12:1 Category II Forested 3 1 6.1 Scrub/Shrub 2.1 4 1 Emergent 2:1 4,1 Category III Forested 3.1 6 1 Scrub/Shrub 2.1 4 1 Emergent 21 4:1 Category IV* 1.25 1* 2.5 1* Ord 5894 § 1 , 2005 ) 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 6476 August 27, 2013 Page 4 of 5 ORD.A Page 88 of 324 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 ATTEST PETER B LEWIS, MAYOR Danielle E. Daskam, City Clerk APP OVED TO FO M b.tKiel B Heid, ity Attorney PUBLISHED Ordinance No 6476 August 27, 2013 Page 5 of 5 ORD.A Page 89 of 324 crry or BURNPeter B. Lewis, Mayor WAS 1-11NciTON 25 West Main Street * Auburn WA 98001-4998 * www.cruburnwa.gov * 253-931-3000 Determination of Non-Significance Amendment to ACC 16.10.110 Critical Area Regulations of the Auburn City Code City of Auburn File No: SEP13-0020 Related File No: ZOA13-0003 Description of Proposal: Amendment to the Critical Area Regulations of the Auburn City Code and specifically Section 16.10.110, "Mitigation standards, criteria and plan requirements" to allow mitigation sites to be located outside the city. Proponent: City of Auburn Planning and Development Department 25 West Main Street,Auburn WA 98001 Jeff Dixon, Principal Planner 253) 931-3090 jdixon @auburnwa.gov Location: City-wide Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date issued below Comments must be submitted by 5:00 p.m. on August 5, 2013. Any person aggrieved of the City's Determination may file an appeal with the Auburn City Clerk within 14 days of the close of the comment period, or by 5:00 pm on August 19, 2013. Responsible Official: Jeff Tate Positionffitle: Interim Director, Planning and Development Department Address: 25 West Main Street Auburn,Washington 98001 Telephone:253) 931-3090 Date Issued: July 22, 2013 Signature: Note: This determination does not constitute approv I of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal will be required to meet all applicable regulations. I AUBURN k MOR„E'THAN YOU IMAGINEDORD.A Page 90 of 324 ORD.A Page 91 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT ENVIRONMENTAL CHECKLIST A BACKGROUND 1 Name of proposed project, if applicable: Amendment to the Critical Area Regulations of the Auburn City Code and specifically Section 16.10.110, "Mitigation standards, criteria and plan requirements" to allow mitigation to be located outside the city 2. Name of applicant: City of Auburn, Planning and Development Department 3. Address and phone number of applicant and contact person: Planning and Development Department City of Auburn 25 West Main Street Auburn, WA 98001 253) 931-3090 Attn: Jeff Dixon, Principal Planner 4. Date checklist prepared: July 9, 2013 5. Agency requesting checklist: City of Auburn, Planning and Development Department 6. Proposed timing or schedule(including phasing, if applicable): The non-project action is a proposal to amend Chapter 16.10—Critical Area Regulations of the Auburn City Code. More specifically, the amendments are proposed to Section 16.10.110, "Mitigation standards, criteria and plan requirements" to allow mitigation to be located outside the city The amendments are currently scheduled for Planning Commission review and public hearing in late summer 2013 and City Council consideration and adoption in early fall of 2013. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. This non-project SEPA Environmental Checklist application and addresses proposed amendments to Title 16 of the Auburn City Code (ACC) 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Other environmental information consists of previous SEPA documents related to past comprehensive plan amendments and code amendments as follows: ORD.A Page 92 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT City of Auburn. Determination of Non-Significance SEP11-0006–City of Auburn Zoning Code Amendments–Amending Chapters 18.50, 18 52, and 18.70 and Adding Chapter 18.55 Auburn City Code. September 15, 2011 City of Auburn. Determination of Non-Significance SEP09-0025–City of Auburn Zoning Code Amendments -Chapter 18.56 Auburn City Code. August 21, 2009 City of Auburn. Determination of Non-Significance SEP09-0021 –City of Auburn Zoning Code Amendments-Chapters 18.04 and 18.26 ACC July 30, 2009 City of Auburn Final Determination of Non-Significance SEP09-0012 -Amendments to Title 17-Subdividions and Title 18-Zoning, of the Auburn City Code, and amendments to the Auburn Comprehensive Zoning Map. May 2009 City of Auburn Final Determination of Non-Significance–2012 Comprehensive Plan amendments. August 2012, File No. SEP12-0023 City of Auburn. Final Determination of Non-Significance–2011 Comprehensive Plan amendments. August 2011 City of Auburn Final Determination of Non-Significance–2010 Comprehensive Plan amendments. August 2010. City of Auburn. Final Determination of Non-Significance–2009 Comprehensive Plan amendments. August 2009. City of Auburn. Final Determination of Non-Significance–2008 Comprehensive Plan amendments. August 2008. City of Auburn. Final Determination of Non-Significance-2007 Comprehensive Plan amendments. August 2007 City of Auburn. Final Determination of Non-Significance–2006 Comprehensive Plan amendments. August 2006. City of Auburn. Final Determination of Non-Significance–2005 Comprehensive Plan amendments. September2005. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No other approvals or proposal are pending. The proposal is a non-project action. The proposed amendment would apply City-wide 10. List any government approvals or permits that will be needed for your proposal, if known. The City of Auburn Planning Commission will hold a public hearing on the proposed Auburn City Code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, modifying or not adopting the amendments. ORD.A Page 93 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT Although not an approval or permit, the proposed amendments area also subject to State Agency review pursuant to RCW 36 70A.106. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Description of Proposal The non-project action is a proposal to amend Chapter 16.10—Critical Area Regulations of the Auburn City Code. More specifically, the amendments propose to amend Section 16.10 110, "Mitigation standards, criteria and plan requirements" to allow mitigation to be located outside the city The current language of the code requires that all mitigation sites constructed in compensation for impact to regulated critical areas be located within the city The City seeks to revise the regulations to allow mitigation sites to be located outside the city under certain circumstances. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section,township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description,site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. This is a non-project action located within the City of Auburn municipal boundaries. ORD.A Page 94 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT B ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The City of Auburn is characterized by a relatively flat valley floor bordered by steep hillsides and upland plateaus overlooking the valley See Section D, Nonproject Action. b. What is the steepest slope on the site (approximate percent slope)? The slopes vary in the city and Potential Annexation Areas (PAA), but in some locations slopes associated with the valley walls reach 100%. See Section D, Nonproject Action. c. What general types of soils are found on the site (for example, clay, sand,gravel, peat, muck)? If you know the classification of agricultural soils,specify them and note any prime farmland. See Section D, Nonproject Action. The valley floor is made up primarily of soils of the Oridia, Renton, Snohomish, and Briscott series. These soils are poorly drained and formed in the alluvium (river sediments) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well-drained. There is no designated farmland within the City of Auburn. The hillsides and plateaus are made up of primarily Alderwood associated soils and a small amount of Everett associated soils (U S. Department of Agriculture, 1973). Alderwood soils are moderately well drained gravelly sandy loams 20-40 inches deep. Beneath these soils is glacial till with low permeability Roots penetrate easily to the hardpan layer Runoff potential is slow to medium. Erosion and slippage hazard is moderate, ranging to severe on steeper slope phases The Everett series consists of somewhat excessively drained soils that are underlain by very gravelly sand. These soils formed in very gravelly glacial outwash deposits under conifers. They are found on terraces and terrace fronts and are gently undulating to moderately steep. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. See Section D, Nonproject Action. Many factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and vegetation removal. The city has identified categories of geologic hazard areas and inventoried these areas. Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9.7, respectively in the City's Comprehensive Plan. e. Describe the purpose,type, and approximate quantities of any filling or grading proposed. Indicate source of fill. See Section D, Nonproject Action. Not applicable. The proposed amendments to the Auburn City Code are non-project actions, no site alteration, construction, or earthwork is proposed. ORD.A Page 95 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT f. Could erosion occur as a result of clearing, construction,or use? If so, generally describe. See Section D, Nonproject Action. Not applicable. This is a non-project action. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? See Section D, Nonproject Action. Not applicable. The action does not involve site specific development proposal. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: See Section D, Nonproject Action. This is a non-project action, no site specific erosion control is proposed. However, the existing comprehensive plan includes numerous policies to reduce or control erosion through the use of best management practices, landscaping requirements, limitations on alteration of steep slopes and other critical areas protections. Impacts to earth will be identified and, if necessary, mitigated during the development review process as specific development proposals are made that might be associated with these plan amendments. The city also has adopted a City Engineering Design Standards Manual and a City Construction Standards Manual that address erosion impacts (ACC Chapter 12.04 as referenced by ACC 15.74). 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke)during construction and when the project is completed? If any, generally describe and give approximate quantities if known. See Section D, Nonproject Action. Not applicable. This is a non-project action. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. See Section D, Nonproject Action. Not applicable. This is a non-project action. c. Proposed measures to reduce or control emissions or other impacts to air, if any: See Section D, Nonproject Action Not applicable This is a non-project action. ORD.A Page 96 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site including year-round and seasonal streams, saltwater, lakes, ponds,wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The proposal is a city-wide nonproject action - See Section D, Nonproject Action. The major bodies of water within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White Lake. The city has conducted an inventory of wetlands within the city limits. These are shown on Map 9 3 of the City's Comprehensive Plan. The Green and White Rivers in Auburn are Type S streams designated as Shorelines of the State in the City of Auburn Shoreline Master Program. 2) Will the project require any work over, in, or adjacent to (within 200 feet)of the described waters? If yes, please describe and attach available plans. See Section D, Nonproject Action. Not applicable. This is a non-project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. See Section D, Nonproject Action. Not applicable. This is non-project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. See Section D, Nonproject Action. Not applicable. This is non-project action. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. See Section D, Nonproject Action. Not applicable. The designated 100-year floodplain areas for the Green River, White River, and Mill Creek, as well as frequently flooded areas (as defined by the City of Auburn Public Works Department) are shown on Map 9 4 of the City's Comprehensive Plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. See Section D, Nonproject Action. Not applicable This is non-project action. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. See Section D, Nonproject Action. Not applicable. This is non-project action. ORD.A Page 97 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any(for example: Domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems,the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. See Section D, Nonproject Action. Not applicable. This is non-project action. c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water)and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. See Section D, Nonproject Action. Not applicable. This is non-project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. See Section D, Nonproject Action. Not applicable This is non-project action. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: See Section D, Nonproject Action. Not applicable. This is non-project action. The most likely type of critical area to be affected by this change is mitigation for wetland impacts. The code will continue to contain a restriction to limit relocation of mitigation site to the same watershed. 4. Plants a. Check or circle types of vegetation found on the site: X_ deciduous tree: alder, maple, aspen,other X_ evergreen tree: fir, cedar, pine, other X_ Shrubs X Grass X Pasture X crop or grain X wet soil plants: cattail, buttercup, bulrush,skunk cabbage, other X water plants: water lily, eelgrass, milfoil, other X other types of vegetation See Section D, Nonproject Action b. What kind and amount of vegetation will be removed or altered? See Section D, Nonproject Action. However, in general urban development can result in the removal or alteration of vegetation. Existing City standards currently address vegetation modification activities as they relate to critical areas protection (e.g. wetlands), and landscaping requirements. ORD.A Page 98 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT c. List threatened or endangered species known to be on or near the site. See Section D, Nonproject Action. None known at this time. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: City Comprehensive Plan includes policies on retaining vegetation, ACC Chapter 15.74 governs tree and vegetation retention, and the City's landscaping regulations (ACC 18.50) govern landscaping within the City See Section D, Nonproject Action. This is a non-project action. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc. mammals: deer, bear, elk, beaver, other urban animals such as dogs, cats, squirrels, rodents, opossums, raccoons, etc. are also present in the city fish: bass, salmon,trout, herring,shellfish, other: See Section D. Nonproject Action. b. List any threatened or endangered species known to be on or near the site. See Section D, Nonproject Action. There are nesting/breeding sites of bald eagles, great blue herons and green back heron within Auburn as shown on Map 9.2 of the City's Comprehensive Plan The Environmental Impact Statement for the Auburn Thoroughbred Racetrack indicates that peregrine falcons, bald eagles, and the Aleutian Canadian Goose have been seen in the Auburn area. Chinook salmon are currently listed as a threatened species by the National Marine Fisheries Service (NMFS) Bull trout are also listed. Chinook salmon are known to use the Green and White Rivers. c. Is the site part of a migration route? If so,explain. See Section D, Nonproject Action. Auburn is a portion of the Pacific Flyway for migratory birds, and the Green and White Rivers are known fish migration routes. d. Proposed measures to preserve or enhance wildlife, if any: The City's Comprehensive Plan includes policies that encourage preservation of wildlife habitat and environmental features supportive of wildlife habitat In addition, the City's critical areas regulations (ACC Chapter 16.10) offer protection for critical wildlife habitat, among other things. See Section D, Nonproject Action. This is a non-project action ORD.A Page 99 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 6. Energy and natural resources a. What kinds of energy(electric, natural gas, oil,wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. See Section D, Nonproject Action. Not applicable. This is a non-project action. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. See Section D, Nonproject Action Not applicable. This is a non-project action. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: See Section D, Nonproject Action. Not applicable. This is a non-project action. 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. See Section D, Nonproject Action. Not applicable. This is a non-project action. 1) Describe special emergency services that might be required. See Section D, Nonproject Action. Not applicable. This is a non-project action. 2) Proposed measures to reduce or control environmental health hazards, if any: See Section D, Nonproject Action. Not applicable. This is a non-project action. 8. Noise a. What types of noise exist in the area which may affect your project(for example: traffic, equipment, operation, other)? See Section D, Nonproject Action. Not applicable. This is a non-project action. b. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. See Section D, Nonproject Action. Not applicable. This is a non-project action. c. Proposed measures to reduce or control noise impacts, if any: See Section D, Nonproject Action. Not applicable. This is a non-project action. ORD.A Page 100 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 9. Land and shoreline use a. What is the current use of the site and adjacent properties? See Section D, Nonproject Action. The City contains a variety of land uses including residential, industrial, institutional, commercial, open space, and public land uses. b. Has the site been used for agriculture? If so, describe. See Section D, Nonproject Action Much of Green River/White River Valley and the City of Auburn were used for agriculture at some time in the past. Over the last several decades, growth in the area resulted in much of the agricultural land converting to urban uses. No land within the city is designated as agricultural in city plans or zoning code, though some parcels continue to be farmed. c. Describe any structures on the site. See Section D, Nonproject Action. Structures within the city and Potential Annexation Areas (PAA) range from small single family detached homes to large industrial and warehousing facilities. Properties subject to the proposed code amendments include all areas of the city including vacant land, as well as properties improved with residential, commercial, industrial and public/institutional structures. d. Will any structures be demolished? If so,what? See Section D, Nonproject Action. Not applicable. This is a non-project action. e. What is the current zoning classification of the site? See Section D, Nonproject Action Not applicable. This is a non-project action. f. What is the current comprehensive plan designation of the site? See Section D, Nonproject Action. Not applicable. This is a non-project action. g. If applicable,what is the current shoreline master program designation of the site? See Section D, Nonproject Action. Not applicable. This is a non-project action. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. See Section D, Nonproject Action. This is a non-project action. However, areas of the city do contain environmentally-sensitive areas and the regulation and protection of these environmentally sensitive areas are addressed through the city's critical areas ordinance, Chapter 16 10. I. Approximately how many people would reside or work in the completed project? See Section D, Nonproject Action. Not applicable. This is a non-project action and no specific development is proposed. ORD.A Page 101 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT j. Approximately how many people would the completed project displace? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action and no specific development is proposed. k. Proposed measures to avoid or reduce displacement impacts, if any: See Section D, Nonproject Action. Not applicable. This proposal is a non-project action and no specific development is proposed. I. Proposed measures to ensure the proposal are compatible with existing and projected land uses and plans, if any: See Section D, Nonproject Action. This proposal is to amend the City of Auburn Zoning Code as described in response to the environmental checklist application Question A.11 above. The proposed amendments are consistent with Comprehensive Plan policies as described in Section D Also, the proposed amendments are circulated to State agencies for review in accordance with RCW 36.70A.106. 10. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. See Section D, Nonproject Action. None. This proposal is a non-project action. c. Proposed measures to reduce or control housing impacts, if any: See Section D, Nonproject Action. None specifically, as this is a non-project action. 11. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? See Section D, Nonproject Action. None specifically, as this is a non-project action. b. What views in the immediate vicinity would be altered or obstructed? See Section D, Nonproject Action. None specifically, as this is a non-project action c. Proposed measures to reduce or control aesthetic impacts, if any: See Section D, Nonproject Action. None specifically, as this is a non-project action ORD.A Page 102 of 324 ENVIRONMENTAL CHECKLIST(CONTINUED) TO BE COMPLETED BY APPLICANT 12. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action b. Could light or glare from the finished project be a safety hazard or interfere with views? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. c. What existing off-site sources of light or glare may affect your proposal? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. d. Proposed measures to reduce or control light and glare impacts, if any: See Section D, Nonproject Action Not applicable. This proposal is a non-project action. 13. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? See Section D, Nonproject Action. The City of Auburn provides a full range of parks and recreational facilities. Map 11 1 of the City's Comprehensive Plan shows the location of these facilities b. Would the proposed project displace any existing recreational uses? If so, describe. See Section D, Nonproject Action. Not applicable This proposal is a non-project action. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: See Section D. Nonproject Action. Not applicable. This proposal is a non-project action. 14. Historic and cultural preservation a. Are there any places or objects listed on,or proposed for, national,state, or local preservation registers known to be on or next to the site? If so, generally describe. See Section D, Nonproject Action. The following sites in the City of Auburn are listed on the National Register of Historic Places and the Washington State Heritage Register Auburn Public Library, 306 Auburn Avenue NE, Auburn Post Office, 20 Auburn Avenue NE, Oscar Blomeen House, 324 B Street NE, Mary Olson Farm, 28728 Green River Road NE Additionally, the Auburn Masonic Temple located at 310 East Main Street is designated as a City of Auburn Landmark. ORD.A Page 103 of 324 ENVIRONMENTAL CHECKLIST(CONTINUED) TO BE COMPLETED BY APPLICANT b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. See Section D. Nonproject Action. Several Indian campsites have been identified along the Green and White rivers in the Auburn Thoroughbred Racetrack EIS and in preliminary work for the Army Corps of Engineers' Special Area Management Plan SAMP). c. Proposed measures to reduce or control impacts, if any: See Section D, Nonproject Action. Auburn City Code Chapter 18.49-Flexible Development Alternatives and Chapter 18.25-Infill Residential Development Standards provide incentives for additional measures of protection and/or restoration beyond those otherwise required under Federal/State law and Auburn City Code for sites of historic or cultural significance. This proposal is a non-project action. All non-exempt projects will be required to conduct project-level SEPA analysis 15. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. See Section D, Nonproject Action, Figure 2-1 of the Comprehensive Transportation Plan Transportation Element of the City's Comprehensive Plan) shows the City's current and future classified street system. b. Is site currently served by public transit? If not,what is the approximate distance to the nearest transit stop? See Section D, Nonproject Action. Figure 4-1 of the Comprehensive Transportation Plan Transportation Element of the City's Comprehensive Plan) shows the location of public transit routes within the City Also, a Sound Transit commuter rail station exists along the Burlington Northern Santa Fe railroad right-of-way just south of West Main Street and east of C Street SW c. How many parking spaces would the completed project have? How many would the project eliminate? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe(indicate whether public or private). See Section D, Nonproject Action. Not applicable. This proposal is a non-project action e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. See Section D, Nonproject Action. There is no water transportation in the Auburn area other than for recreational uses. The area is particularly well served by rail. At this time, ORD.A Page 104 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT local freight service is available. Burlington Northern Santa Fe and Union Pacific both operate freight lines within Auburn. Auburn is also a commuter rail station site for the Sounder commuter rail line between Tacoma and Seattle. Service began September 18, 2000. Amtrak trains pass through Auburn but do not stop here. The Auburn Municipal Airport is located north of 15th Street NE. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. g. Proposed measures to reduce or control transportation impacts, if any: See Section D, Nonproject Action. Not applicable. 16. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The proposal is not expected to affect the total number of housing units, the number or types of commercial developments that could be built, or to result in an increased need for public services as compared with the current regulations. See Section D, Nonproject Action. b. Proposed measures to reduce or control direct impacts on public services, if any. See Section D, Nonproject Action. The comprehensive plan contains policies that seek to maintain a sufficient level of service for public services as development occurs Also, Auburn reviews the impacts of significant development on these public services during project-level review and SEPA. Mitigation measures are required to reduce significant adverse impacts. 17. Utilities a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service,telephone, sanitary sewer, septic system, other. All of the above utilities are available within the City of Auburn. b. Describe the utilities that are proposed for the project,the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. This is a non-project action. However, the Comprehensive Plan includes a utilities element(as required by the Growth Management Act), which describes the utilities that serve the Auburn area and includes policies for their provision. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and Comprehensive Sewer Plan were adopted by the city in 2001 The ORD.A Page 105 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT Comprehensive Drainage Plan was adopted in 2002. A new six year Capital Facilities Plan was adopted in 2012 (2013-2018). These plans ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis C SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: ORD.A Page 106 of 324 ENVIRONMENTAL CHECKLIST(CONTINUED) TO BE COMPLETED BY APPLICANT D SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production,storage, or release of toxic or hazardous substances; or production of noise? The proposal would not be likely to increase discharge to water, emissions to air, production, storage, or release of toxic or hazardous substances; or production of noise. The City seeks to change the city's critical area regulations to allow increased flexibility in where the mitigation is allowed to be performed or constructed as compensation for impacts to environmentally-sensitive resources. The most common critical areas to use this code provision are in relation to wetland resources since these are less geographically dependent The city's regulations currently restrict mitigation to being located only within the city limits. This location restriction was largely due to the fact that when the regulations were first drafted and adopted, the City did not previously have a critical areas ordinance and was not familiar with how all of the provisions of the regulations would work. Due to this unfamiliarity, the city sought to have a greater amount of regulatory control by requiring that the mitigation occur where the city had regulatory oversight. Since the time of the adoption of the city's first critical areas ordinance, the city has greater experience and familiarity in how mitigation is performed and the necessary oversight to ensure critical area functions are replaced. The city code language continues to require that the mitigation site be located within the same drainage basin. The change is therefore not anticipated to result in a change in the hydrologic contribution within the drainage basin. Proposed measures to avoid or reduce such increases are: The City of Auburn Comprehensive Plan contains provisions to reduce increases or emissions caused by new development. Emphasis in the Comprehensive Plan on reducing the reliance on the automobile for transportation should reduce the amount of emissions to the air Policies in the Environment Chapter also provide guidance in the review of development proposals to encourage retention of and replanting of native vegetation. This supports wildlife habitat areas, particularly near streams, as the policies assist the City in addressing adverse impacts to water quality and wildlife habitat from runoff since native plantings may require less pesticide use. Non-exempt development will be subject to SEPA requirements to evaluate and mitigate impacts related to discharges, emissions, and the release of toxic substances. Evaluation of the site specific proposals will be based on the policies of the Comprehensive Plan and appropriate mitigation will take place on a case by case basis. City development standards including but not limited to the critical areas ordinance (ACC 16.10), shoreline master program regulations (ACC 16.08), the City's Engineering ORD.A Page 107 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT Design Standard and Construction Standard Manuals (ACC 12.04) also provide additional protection for these types of impacts. Auburn City Code contains performance standards towards uses and activities with in the City (ACC 18.31 —Supplemental Developmental Standards). These standards regulate noise, emissions to air; production, storage, or release of toxic or hazardous substances. 2. How would the proposal be likely to affect plants, animals,fish, or marine life? It is unlikely the proposed code amendment will have any adverse effect on plants, animals, fish, or marine life. The code change seeks to provide more flexibility in where mitigation is allowed. Under the code provisions, mitigation will be allowed to be performed on-site as currently is allowed, but also off-site. The most common critical areas to use this code provision are wetland resources since there are often less geographically dependent Those animals and insects who depend the impact site (such as a wetland), that are less mobile and cannot find alternate habitat in close proximity could perish on the replacement wetland mitigation) is allowed to be constructed at a further distance from. It is the goal of the city's critical area regulations to provide replacement functions for those functions being lost due to the impact so it is not anticipated that the various functions of wetlands would be diminished or lost. The proposed amendments are not expected change the developable area of the City The proposed amendments would not introduce any new land uses in areas where they are not currently allowed. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Generally, the adopted Auburn Comprehensive Plan and critical areas ordinance seek to protect and conserve plants, animals, fish, and marine life. SEPA environmental review of all non-exempt development is conducted to evaluate, reduce and avoid or mitigate impacts. The evaluation is based on the policies of the Auburn Comprehensive Plan and appropriate mitigation will take place for each future development proposal on a case-by- case basis. Policies within the Environment Chapter also provide guidance in the review of development proposals to encourage use of native vegetation and the retention of native vegetation. This should support wildlife habitat areas, particularly near streams as the policies assist the city in addressing adverse runoff impacts to water quality and wildlife habitat since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance and the shoreline master program regulations also provide additional protection for these types of impacts. The City would authorize the mitigation to occur off-site when the location off-site is ecologically preferable. When because of the particular circumstances of the site, the location off-site will yield a greater ecological benefit or increased wetland functions. ORD.A Page 108 of 324 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 3. How would the proposal be likely to deplete energy or natural resources? There are no expected significant increases in the use of energy or natural resources resulting from the amendments being proposed. Proposed measures to protect or conserve energy and natural resources are: None specifically, as this is a non-project action. However, in addition to the provisions of the Auburn Energy Management Plan (adopted in 1986), which encourages energy conservation in public buildings, street lighting, and recycling, the comprehensive plan places an emphasis on providing for alternative methods of travel to the automobile such as transit, walking, and biking. An environmental review under SEPA of all non-exempt development will be conducted to measure the project impacts 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study)for governmental protection; such as parks,wilderness,wild and scenic rivers,threatened or endangered species habitat, historic or cultural sites,wetlands,floodplains, or prime farmlands? The proposal is unlikely to affect environmentally sensitive areas or areas designated for governmental protection. Proposed measures to protect such resources or to avoid or reduce impacts are: The comprehensive plan and, in particular, the critical areas ordinance (ACC 16.10), seek to protect environmentally sensitive areas (wetlands, streams, geologically hazard areas, floodplain, wildlife habitat, and aquifer recharge areas) and to reduce the impacts of development on them. The Auburn Comprehensive Plan provides for the implementation of innovative land management techniques to protect these resources Among the innovative land management techniques, the Flexible Development Alternatives Chapter(ACC 18.49) includes incentives for enhancement or restoration of critical area buffers, and/or encouraging development to locate farther from critical areas than currently required by code. SERA environmental review for all non-exempt development will be conducted to evaluate impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Amendments can only be approved if the Applicant can assure to the city that future development is consistent with the Comprehensive Plan and its policies and related regulations. Those proposals that are not consistent with the comprehensive plan policies or other existing plans will not be approved. Proposed measures to avoid or reduce shoreline and land use impacts are: The comprehensive plan, critical areas ordinance, and other development regulations, such as the zoning ordinance and shoreline master program, seek to protect these land and shoreline resources and to reduce the effects of development on them. An ORD.A Page 109 of 324 ENVIRONMENTAL CHECKLIST(CONTINUED) TO BE COMPLETED BY APPLICANT environmental review under SEPA of all future development that is non-exempt will also be conducted to evaluate a proposal's land use and environmental impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal is not expected to affect the total number of housing units or the number or types of commercial developments that could be built in the City of Auburn, therefore the proposal is not expected to increase demands on transportation or public services and utilities as compared with the current zoning regulations. Proposed measures to reduce or respond to such demand(s) are: The City has adopted a six-year Transportation Improvement Program (2013-2019) that identifies projects to meet safety needs, capacity needs, access needs, projected funding. The Comprehensive Transportation Plan is an element of the City's overall Comprehensive Plan. It is the City's long-range plan for developing its transportation system over the next 15 years. This plan helps ensure that transportation impacts are adequately monitored and evaluated on a project level and city-wide basis. The City has an adopted 2013-2018 Capital Facilities Plan. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and new Comprehensive Sewer Plan were adopted by the city in 2001 The Comprehensive Drainage Plan was adopted in 2002. A Comprehensive Transportation Plan was adopted in 2005 with updates during the 2006 Comprehensive Plan amendment cycle. These plans help ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. An environmental review under SEPA for all non-exempt development will be conducted to evaluate environmental impacts. Environmental impacts that must be addressed during the SEPA review process include traffic, public services, and utilities. 7. Identify, if possible,whether the proposal may conflict with local,state, or federal laws or requirements for the protection of the environment. The proposal does not conflict with local, state, or federal laws or requirements for protection of the environment. The change would increase consistency with other authorities since many county, state and federal agencies with jurisdiction for wetland impacts are allowing alternate forms of mitigation, such as in-lieu fee programs or wetland mitigation banking. Permit requirements of these other authorities often encourage applicants to pursue alternate forms of mitigation. ORD.A Page 110 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6477 Date: August 27, 2013 Department: Planning and Development Attachments: Ord 6477 Public Hearing Packet Budget Impact: $0 Administrative Recommendation: City Council to adopt Ordinance No. 6477 Background Summary: Over the last several months, the City has been working on an approach to address student/rental housing within the City with attention on the single family residential communities that are located nearby Green River Community College (GRCC). Some of the concerns raised include parking impacts, unpermitted conversion of garages to living space, lack of proper solid waste management, noise impacts, and an overall conversion of single family residences to rentals. A joint meeting was held between the Planning and Community Development Committee (PCDC) and the Planning Commission on August 12, 2013 where the program approach to rental housing and broad policy direction on proposed amendments were discussed. Staff took the feedback provided and prepared draft code amendments that were presented at the August 20, 2013 public hearing before the Planning Commission. Public testimony was provided and the Planning Commission recommended approval of the proposed amendments with a few minor changes. At the August 26, 2013 PCDC meeting, the Committee reviewed the proposed code amendments and recommend approval of Ordinance No. 6477 to the full City Council. Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal, Planning Commission Councilmember:Backus Staff:Welch Meeting Date:September 3, 2013 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B Page 111 of 324 ORDINANCE NO. 6 4 7 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 5.22.020, 5.22.040, 18 04 330 18 04 340, 18 04 350, 18 04 360, 18 04 794, 18 07.020 AND 18 31 130 OF THE CITY CODE, CREATING NEW SECTIONS 18 04.249 AND, 18 04.677, OF THE CITY CODE, REPEALING SECTION 18 04 180 OF THE CITY CODE, AND AMENDING THE CITY OF AUBURN FEE SCHEDULE, RELATED TO RENTAL HOUSING WHEREAS, the City of Auburn has seen an increase in rental housing particularly in residential neighborhoods adjacent to Green River Community College and through citizen comment determined the City's rental housing program needed to be amended, and WHEREAS, there is currently an inconsistency between the definitions within Chapter 18 04 of the Auburn City Code, and WHEREAS, in order to clarify the definitions and address the inconsistency between the terms as they are currently written in the City Code, it is appropriate to amend, delete, and create new definitions and establish criteria for rental housing within single family residential neighborhoods, and WHEREAS, in order to address issues raised related to rental housing primarily in single family residential neighborhoods, it is appropriate to amend the City's rental housing business license program, and WHEREAS, following proper public notice, the Planning Commission considered the proposed code amendments at a public hearing on August 20, 2013, and Ordinance No. 6477 August 28, 2013 Page 1 of 12 ORD.B Page 112 of 324 WHEREAS, the Planning and Community Development Committee reviewed the Planning Commission's recommendation at their August 26, 2013 meeting; and WHEREAS, the environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA) with a final Determination of Non-significance (DNS) issued August 5, 2013, and WHEREAS, pursuant to RCW 36 70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required with expedited review requested and acknowledgment received on August 26, 2013, and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies; and WHEREAS, the Auburn City Council finds that the proposed amendments provide clarification to the subdivision title and comply with recent changes to state law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows. Section 1. Amendment to City Code. That Section 5.22.020 of the Auburn City Code be and the same hereby is amended to read as follows. 5.22.020 Business license — Fee. Each rental housing business operating in the city, as defined herein, shall obtain and maintain in good standing a "rental housing business license" issued by the city in accordance with the procedures of this chapter and this title A. The fee for a rental housing business license shall be as set forth in the city of Auburn fee schedule B The business license fee shall be for the fisGal Calendar year (July1-st through june 3^!"January 15t through December 315), and each applicant for the business license must pay the full business license fee for the current calendar fiscal year or portion thereof during which the applicant has engaged in business, regardless of when during the calendar fiscal year the license is obtained. Ordinance No 6477 August 28, 2013 Page 2 of 12 ORD.B Page 113 of 324 C The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5 10 ACC, provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5 05 and 5 10 ACC. (Ord. 5882 § 1, 2005, Ord. 5651 § 1, 2002.) Section 2. Amendment to City Code. That Section 5.22.040 of the Auburn City Code be and the same hereby is amended to read as follows. 5.22.040 Rental housing business license criteria. A. Managers and operators of rental housing businesses shall comply with the criteria established in this section and chapter in order to maintain their rental housing business license in good standing as required by ACC 5.22.020 The city shall identify and communicate with the managers and operators of rental housing businesses, as it deems appropriate, regarding the criteria established in this chapter The city shall establish forums for information sharing and enforcement review, as it deems appropriate, in order to encourage voluntary compliance with these criteria prior to mandatory enforcement. Rental housing business owners or their non-owner managers shall comply as necessary with the following specific criteria as well as all other requirements of this chapter in order to maintain their business license in good standing: 1 Attendance and participation in crime-free housing training programs when such are offered by the Auburn police department or other city department and the license holder is given written notice to attend. Attendance and participation may be required by the city whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest for criminal activity or the issuance of an infraction citation in the case of a nuisance, whether or not the arrestee or cited person is a tenant; 2.Mutually derived crime prevention strategies as established and agreed to by and between the city and the rental housing owner and/or manager; 3 City directed crime prevention strategies. If the implementation of criteria in subsections (A)(1) and (2) of this section is unsuccessful in eliminating recurring criminal or nuisance activity the city will notify the rental housing business owner or manager in writing of the requirement to comply with a particular city directed crime prevention strategy The city may implement a city directed crime prevention strategy whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest or issuance of a citation whether or not the person arrested or cited is a tenant. Strategies will be reasonably tailored to the particular location and situation and will be consistent with strategies implemented by other municipalities in similar situations, 4 Upon written request, the rental housing owner or manager shall allow inspection of rental housing residential units consistent with their ability to do so under the requirements of the landlord-tenant statutes of the state of Washington and the Auburn City Code The city may, with the legally obtained consent of an occupant or Ordinance No. 6477 August 28, 2013 Page 3 of 12 ORD.B Page 114 of 324 owner, or pursuant to a lawfully issued warrant, enter any building, structure or premises in the city to inspect or perform any duty imposed by this code, 5 In the event that recurring criminal or nuisance activity continues at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1) through (4) of this section has failed to eliminate the recurring criminal or nuisance activity at the location, the rental housing owner may hire security officers selected by the manager-operator Voluntary implementation of manager-operator selected security shall stay revocation of the business license so long as the security is effective in eliminating the recurring criminal and/or nuisance activity at said licensed location, 6.In the event that criminal or nuisance activity continues to occur at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1) through (4) of this section and implementation of criteria in subsection (A)(5) of this section has failed to eliminate recurring criminal or nuisance activity at the particular location the rental housing owner may request or agree to city directed off-duty police security Voluntary implementation of city directed off-duty police security shall stay revocation of the business license so long as the security is effective in eliminating ongoing criminal and/or nuisance activity at the particular licensed location, 7 In the event that the rental housing business owner does not comply with criteria in subsections (A)(1) through (6) of this section, the city may revoke the rental housing business owner's license Business license revocation shall be the ultimate resort for enforcement purposes Business license revocation shall occur as otherwise set out in this chapter B The criteria listed above shall be implemented in a priority beginning with criteria in subsection (A)(1) of this section and ending with criteria in subsection (A)(7) of this section. It is envisioned that most problems can be resolved by participation in crime-free housing training and implementation of its recommended practices. Failure to participate in strategies in subsections (A)(1) through (6) of this section may subject the licensed/registered party to revocation. Any expense incurred in connection with subsections (A)(2) through (5) of this section will be borne by the licensed/registered party It is further provided that the "inspection of the residential units of rental housing units," subsection (A)(4) of this section, includes inspection of residential units in the complex for any applicable health, building, fire, housing or life-safety code violations, or other serious violations. C.The following requirements are established for communal residences as defined in Title 18. 1.The owner/landlord must provide the following information and anv additional information on the rental business license application form at the time of submittal a. Total number of bedrooms in the rental unit b. Total number of occupants Ordinance No. 6477 August 28, 2013 Page 4 of 12 ORD.B Page 115 of 324 2. The owner/landlord must provide updated information for each of the items outlined in ACC 5 22 040(C)(1) each year with their rental business license renewal. 3. The owner/landlord must sign a statement that confirms their understanding and acceptance of the conditions and obligations incurred as a landlord. At a minimum the statement will. a.Outline the landlord's responsibilities for providing a safe living environment for their tenants. b. That structural additions and modifications are to be properly permitted and inspected. c.That garbage and recycling will be properly managed d. That adequate off-street parking will be provided for all tenants meeting the requirements of ACC 18.31.130. e. That noise and other public nuisances see Title 8 ACC will be monitored and controlled. f.That annual inspections are required in order to obtain a rental housing business license. q. That anyone under the age of 18 is subject to the curfew regulations in ACC 9.10. 4.If the owner/landlord is in violation of the requirements for a communal residence then the code enforcement actions outlined in Chapter 1.25 will be taken. Ord 5882 § 1, 2005, Ord 5651 § 1, 2002.) Section 3. Amendment to City Code. That section 18 04 330 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.330 Dwelling. Dwelling" means a building designed exclusively for residential purposes for occupancy by a person,-or family, or unrelated group with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-family, two-family, and multiple-family dwellings and townhouse dwellings but not including hotels or motel units without kitchens. (Ord 6245 § 3, 2009; Ord 4229 § 2, 1987 ) Section 4. Amendment to City Code. That section 18 04 340 of the Auburn City Code be and the same hereby is amended to read as follows. 18.04.340 Dwellings, types of. Types of dwellings" means. A. Dwelling, Single-Family "Single-family dwelling" means a detached building designed exclusively for occupancy by one family or communal residence and containing one dwelling unit that is permanently attached to the ground. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31 050 Ordinance No. 6477 August 28, 2013 Page 5 of 12 ORD.B Page 116 of 324 B Dwelling, Two-Family (Duplex) "Two-family dwelling" or "duplex" means a building designed exclusively for occupancy by two families or communal residence living independently of each other, and containing two dwelling units. C Dwelling, Multiple-Family "Multiple-family dwelling" means a building designed for occupancy by three or more families or communal residence living independently of each other, and containing three or more dwelling units D. Dwelling, Townhouse "Townhouse dwelling" means a building designed exclusively for occupancy by one family or communal residence, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls (Ord 6245 § 3, 2009; Ord 6162 1 , 2008; Ord. 4229 § 2, 1987 ) Section 5. Amendment to City Code. That section 18 04 350 of the Auburn City Code be and the same hereby is amended to read as follows. 18.04.350 Dwelling unit. Dwelling unit' means one or more rooms designed for or occupied by one family or communal residence for living or sleeping purposes and containing kitchen facilities f solely by ^^^ fa^ y All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title Ord 6245 § 3, 2009; Ord 4229 § 2, 1987 ) Section 6. Amendment to City Code. That section 18.04 360 of the Auburn City Code be and the same hereby is amended to read as follows- 18.04.360 Family. Family" means a person living alone, two or more persons related by blood or marriage, or any other analogous family union recognized under Federal and/or State statute, facilities, as distinguished from a group occupying a hotel, club,rdinghouse OF ledginglGuse or communal residence. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. The purpose of defining family is to assist in the regulation of occupancy standards within dwelling units and to define different types of structures it is not intended to interfere with the civil rights of individuals who establish relationships under the terms of state and federal laws. (Ord 6245 § 3, 2009; Ord 4229 § 2, 1987 ) Section 7. Amendment to City Code. That section 18 04.794 of the Auburn City Code be and the same hereby is amended to read as follows. Ordinance No. 6477 August 28, 2013 Page 6 of 12 ORD.B Page 117 of 324 18.04.794 Renting of rooms. Renting of rooms" means the provision of rooms for lodging purposes to not more than two persons in addition to the owner occupied unit, and/or family who lives in the residence (Ord. 6245 § 3, 2009 ) Section 8. Amendment to City Code. That section 18 07 020 of the Auburn City Code be and the same hereby is amended to read as follows 18.07.020 Uses. Table 18.07.020 Permitted Use Table—Residential Zoning Designations P= Permitted A =Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations R- R. R- R- R. R- R- C 1 5 7 10 16 20 A. Residential Uses. Accessory dwelling units P P P P X' X' X' Accessory use, residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P BeaF l'Rghouser_(with-t#r re beaFders) X X X X C G 6 Communal residence 4 or less unrelated individuals P P P P P P P Communal residence more than 4 unrelated individuals C C C C C C C Duplexes; provided, that minimum lot size of zoning designation is met and subject to compliance with Chapter 18.25 ACC (Infill Residential Development X X A P P P X Standards) Foster care homes P P P P P P P Group residence facilities (7 or more residents) X X X X C C C Group residence facilities (6 or fewer residents) P P P P P P P Keeping household pets'P' P' P' P' P' P' P' Multiple-family dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and managed by the A6 As K A` A6 P P neighborhood homeowners' association Ordinance No. 6477 August 28, 2013 Page 7 of 12 ORD.B Page 118 of 324 Renting of rooms, for lodging purposes only, to accommodate not more than two P P P TP P persons in addition to the; ediatte family or owner occupied unit Residential care facilities including but not limited to assisted living facilities, P P X X A P P convalescent homes, continuing care retirement facilities Single-family detached dwellings, new P P P P P P X Supportive housing, subject to the provisions of ACC 18.31 160 X X X X X P P Swimming pools, tennis courts and similar outdoor recreation uses only accessory P P P P P P P to residential or park uses Townhouses (attached) X X X X P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial retail, included as part of mixed-use development and not a home X X X X A A A occupation in compliance with Chapter 18.60 ACC Daycare, limited to a mini daycare center Daycare center, preschool or nursery X A A A A A A school may also be permitted but must be located on an arterial Home-based daycare as regulated by RCW 35.63.185 and through receipt of P P P P P P P approved city business license Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Mixed-use development'X X X X P P P Nursing homes X X X X C C C Private country clubs and golf courses, excluding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not homeowners' X A A A A P P association-owned recreational area Professional offices, included as part of mixed-use development and not a home X X X X A A A occupation in compliance with Chapter 18.60 ACC C Resource Uses. Agricultural enterprise:' When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per A' X X X X X X calendar year When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per C' X X X X X X calendar year Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Ordinance No. 6477 August 28, 2013 Page 8 of 12 ORD.B Page 119 of 324 Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing4 P X X X X X X Public and private stables' P X X X X X X Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable P X X X X X X setback requirements Fish hatcheries C X X X X X X D Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A Hospitals (except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Type 1-D Wireless Communication Facility (see ACC 18.04.912(J)) P P P P P P P Utility facilities and substations C' Cs C' C' C' Cs C' 1 An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31 120. 2 Please see the supplemental development standards for animals in ACC 18 31 210. 3. Individual uses that make up a mixed-use development must be permitted within the zone If a use making up part of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for and receive the administrative or conditional use approval, as applicable. 4 Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property owners shall comply with the provisions of the King County board of health code. 5 Excludes all public and private utility facilities addressed under ACC 18.02.040(E). 6. Administrative use permit not required when approved as part of a subdivision or binding site plan. 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18 31.210,Agricultural enterprises development standards. Ord 6369§2, 2011, Ord 6363§3, 2011, Ord.6269§3, 2009, Ord 6245§ 5, 2009.) Section 9. Amendment to City Code. That Section 18 31 130 of the Auburn City Code be and the same hereby is amended to read as follows. Ordinance No. 6477 August 28, 2013 Page 9 of 12 ORD.B Page 120 of 324 18.31.130 Reser:edCommunal residence. A. Parking Requirements 1.There must be one off-street parking stall per renter A landlord may reduce the off-street parking requirement if an affidavit is signed that a tenant does not own a vehicle. B. Solid Waste Management Requirements 1.ACC Section 8 08 070 requires all occupied units to have minimum garbage service The landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the minimum garage service level. 2. The landlord is responsible to provide each tenant with the solid waste collection schedule and that schedule is to be posted within the unit. C. An annual building inspection is required for a communal residence as part of the required rental housing business license. D International Property Maintenance Code occupancy requirements are applicable to a communal residence regardless of the number of individuals living in the residence. E. Amortization Schedule 1.Existing communal residences have until December 31 2013 to become compliant with the regulations outlined in this Title and Title 5 as it pertains to communal residences F The following criteria are required to be met for any communal residence over 4 unrelated individuals in addition to the required criteria for a conditional use permit under ACC 18.64,040. As stated in ACC 18.07.020, a conditional use permit is required. 1.Adequate living space based on the International Property Maintenance Code standards will be taken into account when a request for more than 4 unrelated individuals is requested. 2.A designated property manager that is available 24 hours a day, 7 days a week is required. 3.The request for more than 4 unrelated individuals will not adversely impact the surrounding community. 4 The applicant must show how noise will be mitigated. rRese ed(Ord. 6245 15, 2009.) Section 10. Creation of New Section of City Code. That a new section 18 04.249 of the Auburn City Code be and the same hereby is created to read as follows: 18.04.249 Communal residence. A dwelling, without an owner occupant, that is rented to a group of unrelated individuals. Section 11. Creation of New Section of City Code. That a new section 18 04 677 of the Auburn City Code be and the same hereby is created to read as follows. Ordinance No. 6477 August 28, 2013 Page 10 of 12 ORD.B Page 121 of 324 18.04.677 Owner occupied unit. A dwelling unit in which the owner resides on a regular, permanent basis. Section 12. Repeal of City Code Section. That section 18 04 180, definition of boardinghouse, of the Auburn City Code is repealed Section 13. Amendment to City Fee Schedule. The City of Auburn Fee Schedule shall be amended as follows. 6. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601, Ordinance No. 5882, Resolution No. 4272 and Resolution No. 4424) 1)The fee for a license to operate rental housing businesses in the City, as defined in Chapter 5.22 of the Auburn City Code (ACC) shall be based on the total number of units as follows a) One to four dwelling units. $53 00 per year; b) Five to 24 dwelling units $106 00 per year; c) Twenty-five or more dwelling units. $212.00 per year d) Communal residence: $150.00 per year. 2)The fee for a license to operate rental housing businesses in the city shall be for the license year from January 1 to December 31, and each applicant must pay the full fee for the current license year or any portion thereof during which the applicant has engaged in the operation of rental housing businesses 3)The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5 10 of the Auburn City Code (ACC), provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5 05 and 5 10 of the Auburn City Code (ACC) 4)Notwithstanding the provisions of sub-section (1) of this section, the fee for operating rental housing facilities for any single individual, partnership, corporation or entity shall not exceed $424 00 per license period For the 2010 calendar year only, rental housing business license renewals shall be valid for the period July 1, 2010 to December 31, 2010 subject to the payment of one-half of the specified fee For the 2011 calendar year and subsequent calendar years, rental housing business license renewals shall be for the period January 1 through December 31. Section 14. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this Ordinance No. 6477 August 28, 2013 Page 11 of 12 ORD.B Page 122 of 324 legislation. Furthermore, the City Clerk is authorized to insert the amended fee set forth in Section 13 hereof into the City of Auburn Fee Schedule without any further action by the City Council. Section 15. Severability. The provisions of this ordinance are declared to be separate and severable The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 16. 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 APP 4HeiZr,-ity O FORM: niel Published Ordinance No. 6477 August 28, 2013 Page 12 of 12 ORD.B Page 123 of 324 ORD.B Page 124 of 324 AcrTnToF_*_ 1 * l <J' ' = s Zoning Code Text Amendment WASHINGTON ZOA13-0003 Staff Report to the Planning Commission I. BACKGROUND AND GENERAL INFORMATION: Over the last several months a number of residents who live in the single family residential communities that are located nearby Green River Community College (GRCC) have expressed concern that they are observing a spike in rental homes in their neighborhood that are occupied by students of GRCC Their concerns include Parking impacts, Unpermitted conversion of garages to living space, Overcrowding of single family homes with too many occupants, Lack of proper solid waste management, Noise impacts, and An overall conversion of single family residences to rentals. This staff report outlines the proposed amendments and program approach to rental housing, more specifically addressed to rentals within single family neighborhoods. II. SEPA STATUS: Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review The City issued a Determination of Non-Significance August 5, 2013. The comment period ends August 19, 2013 and the appeal period ends on September 3, 2013. III. FINDINGS OF FACT: 1 In general, the intent of the proposed zoning code amendments is to address an inconsistency in the code and comments received from citizens related to student/rental housing. The City originally broke the project into two phases but through the review process ultimately determined that a holistic program approach was needed. 2. The process for zoning code text amendments is described in ACC Chapter 18.68 18.68.020 Initiation of amendments. B. Text. 1 The city council, or planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission; 2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 1 ORD.B Page 125 of 324 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. C For the purposes of this chapter, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: Substantive" matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and "procedural' or"administrative" matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, "procedural' or"administrative" matters are the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996, Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987 ) 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. C City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) 18.68.040 Public hearing notice requirements. A. Text Amendments. 1 Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. 3. The proposed code amendments are supported by the City of Auburn Comprehensive Plan as identified in the conclusion section of this staff report. 4 Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review The City issued a Determination of Non- Significance August 5, 2013. The comment period ends August 19, 2013 and the appeal period ends on September 3, 2013. As of the writing of this report, no comments have been received. 5. Pursuant to RCW 36.70A.106, the proposed code amendments outlined in this staff report were sent to the Washington State Department of Commerce and other state agencies as required for the 60-day state review required for modification of development regulations. The amendments were sent on August 5, 2013 and expedited review was requested under RCW 36.70A.106(3)(b). The Department of Commerce Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 2 ORD.B Page 126 of 324 acknowledged receipt on August 7, 2013. Expedited review has not been granted as of the writing of this staff report. If the expedited review request is denied then the standard 60-days applies from the submittal date of August 5, 2013. 6. Staff presented the proposed code amendment concepts and program approach to the Planning Commission and Planning and Community Development Committee at a joint meeting held on August 12, 2013 for review and discussion. 7 The public hearing notice was published on August 8, 2013 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for August 20, 2013. The public hearing notice was also posted at the City's Annex Building at One East Main Street and on the City's website. 8. The following conclusions support the proposed amendment to Title 18, Zoning, and Title 5, Business and Licenses Regulations scheduled for the Planning Commission's August 20, 2013 public hearing with a staff recommendation. IV. CONCLUSIONS: 1. Pursuant to ACC Section 18.68 020, amendments of Title 18 require a public hearing before the Planning Commission with a public hearing notice published at least 10-days prior to the public hearing date. Staff Analysis: The public hearing notice was published in the Seattle Times on August 8, 2013 which is at least 10-days prior to the Planning Commission public hearing scheduled for August 20, 2013. The public hearing notice was also posted at the City's Annex Building at One East Main Street and on the City's website. 2. These code amendments are supported by the City of Auburn's Comprehensive Plan as follows: GP-2: The City should develop its plans and programs after thorough analysis of community problems, potentials, and needs. Chapter 4 — Housing: Auburn's housing strategy is for home buyers and renters of all income groups have sufficient opportunities to procure affordable housing. HO—28 The City recognizes that the development of safe neighborhoods requires the cooperation of property owners and/or their property managers. The City shall organize, educate, and assist property managers in the creation and preservation of safe neighborhoods. Staff Analysis: The proposed code amendments address rental housing within the City of Auburn, more specifically student rental housing, and deal with existing conflicts within the Auburn City Code. Staff proposes to amend the following: Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 3 ORD.B Page 127 of 324 Title 18—Zoning Amend the definition of family Amend the definition of dwelling Add a new definition communal residence Add a new definition owner occupied Delete the boardinghouse definition Add a new section to Supplemental Development Standards for Communal Residence Title 5— Business and Licenses Regulations Amend Rental Housing Business License section by adding licensing requirements for Communal Residence Housekeeping item changing the fiscal year to calendar year The proposed code amendments balance the allowance of rental housing within residential neighborhoods and address issues associated with rental housing that have arisen such a parking, solid waste service, yard maintenance, and noise. Particulady with the proposed amendments to Title 5, a heavier burden is placed on the ownerAandlord of the rental unit to make sure tenants are following regulations and being good neighbors within the community. If the conditions of the rental housing business license are not adhered to, the City may revoke the license and move into code enforcement action. Code enforcement procedures are outlined in Chapter 1.25 of the Auburn City Code. Staff will bring additional information regarding code enforcement procedures to the August 20, 2013 public hearing. The proposed amendments also address potential safety concerns, such as illegal garage conversions and number of bedrooms, by requiring an annual inspection of the rental unit verifying the information submitted with rental housing business license application is correct. A primary goal of the proposed code amendments is to address the situation where individual leases for each bedroom in a unit exist versus the traditional rental housing situation where there is one lease for the occupants by requiring more oversight by the landlord and requiring an annual inspection of the rental property/unit. Also as part of the overall program, the City will be adding a page to its website on rental housing with information for landlords, tenants, FAQs, a list of compliant properties, and the application forms. We will also be working with Green River Community College and request that they also include similar information on their website. V. STAFF RECOMMENDATIONIDECISION Staff recommends that the Planning Commission recommend to the City Council approval of the proposed code amendment as presented. VI. EXHIBITS Exhibit 1 Proposed code changes Auburn City Code Exhibit 2 Request to Department of Commerce for Expedited State Review Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 4 ORD.B Page 128 of 324 Exhibit 3 Department of Commerce acknowledgement letter Exhibit 4 Request to publish hearing notice in newspaper Exhibit 5 Environmental Checklist Exhibit 6 Determination of Non-Significance Exhibit 7 Comments Letters Received Exhibit 8 Table of Other Jurisdictions Regulations Staff Report Prepared by Elizabeth Chamberlain, Planning Services Manager Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 5 ORD.B Page 129 of 324 Exhibit 1 ZOA13-0003 Title 18—Zoning Chapter 18.04 Definitions 18.04.480 ReaFdiR@hGUG8. fam6lieis, aFe h9used OF 'edged feF hiFe with 9F without meals. A Feeminghouse PF R fi-FAiShed 18.04.XXX Communal residence. A dwelling without an owner occupant that is rented to a group of unrelated individuals. 18.04.330 Dwelling. Dwelling" means a building designed exclusively for residential purposes for occupancy by a person,-er family, or unrelated group with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-family, two- family,and multiple-family dwellings and townhouse dwellings but not including hotels or motel units without kitchens. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987 ) 18.04.340 Dwellings, types of. Types of dwellings" means: A. Dwelling, Single-Family. "Single-family dwelling" means a detached building designed exclusively for occupancy by one family or communal residence and containing one dwelling unit that is permanently attached to the ground. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31 050. B. Dwelling, Two-Family (Duplex). "Two-family dwelling" or"duplex" means a building designed exclusively for occupancy by two families or communal residence living independently of each other, and containing two dwelling units. C Dwelling, Multiple-Family "Multiple-family dwelling" means a building designed for occupancy by three or more families or communal residence living independently of each other, and containing three or more dwelling units. D Dwelling, Townhouse. "Townhouse dwelling" means a building designed exclusively for occupancy by one family or communal residence, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls. (Ord. 6245 § 3, 2009; Ord. 6162 § 1, 2008; Ord. 4229 § 2, 1987 ) 18 04.350 Dwelling unit. Dwelling unit" means one or more rooms designed for or occupied by one family or communal residence for living or sleeping purposes and containing kitchen facilities for use solely by one family All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987 ) 18.04.360 Family ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 1 ORD.B Page 130 of 324 Family" means a person living alone, two or more persons related by blood or marriage, or any other analogous family union recognized under Federal and/or State statute, era-group Gf eight or fewer residents v.qhn Arp not related by Need OF FnaFFiage G61stwnaFily liviRg tegetheF as a as distinguished from a group occupying a hotel, club, b9aFdiRghGW68 eF ladginghouse or communal residence. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. The purpose of defining family is to assist in the regulation of occupancy standards within dwelling units and to define different types of structures: it is not intended to interfere with the civil rights of individuals who establish relationships under the terms of state and federal laws. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987 ) 18.04.XXX Owner occupied unit. A dwelling unit in which the owner resides on a regular, permanent basis. 18604 794 Renting of rooms. Renting of rooms" means the provision of rooms for lodging purposes to not more than two persons in addition to the owner occupant and/or family who lives in the residence. (Ord. 6245 § 3, 2009 ) Chapter 18.07 RESIDENTIAL ZONES Sections: 18.07 010 Intent. 18.07 020 Uses. 18.07 030 Development standards. 18.07.020 Uses. Table 18.07.020 Permitted Use Table—Residential Zoning Designations P=Permitted A=Administrative C =Conditional Use X=Not Permitted Land Uses Zoning Designations R- R- RC R-1 R-5 R-7 R-20 10 16 A. Residential Uses. ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 2 ORD.B Page 131 of 324 Accessory dwelling units P P P P X' X' X' Accessory use, residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P X X X X G G G Communal Residence 4 or less unrelated individuals P P P P P P P Communal Residence more than 4 unrelated individuals C C C C C C C Duplexes; provided,that minimum lot size of zoning designation is met and subject to compliance with Chapter 18.25 ACC(Infill X X A P P P X Residential Development Standards) Foster care homes P P P P P P P Group residence facilities(7 or more residents) X X X X C C C Group residence facilities(6 or fewer residents) P P P P P P P Keeping household pets' P2 P2 P2 P2 P2 P P2 Multiple-family dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and qe qe qe qa qa p p managed by the neighborhood homeowners'association Renting of rooms,for lodging purposes only,to accommodate not more than two persons in addition to the immediate-family or owner P P P P P P P occupied unit Residential care facilities including but not limited to assisted living P P X X A P P facilities,convalescent homes, continuing care retirement facilities ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 3 ORD.B Page 132 of 324 Single-family detached dwellings, new P P P P P P X Supportive housing,subject to the provisions of ACC 18.31 160 X X X X X P P Swimming pools,tennis courts and similar outdoor recreation uses P P P P P P P only accessory to residential or park uses Townhouses (attached)X X X X P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial retail, included as part of mixed-use development and X X X X A A A not a home occupation in compliance with Chapter 18.60 ACC Daycare, limited to a mini daycare center Daycare center, preschool or nursery school may also be permitted but must be located on an X A A A A A A arterial Home-based daycare as regulated by RCW 35.63.185 and through P P P P P P P receipt of approved city business license Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Mixed-use development' X X X X P P P Nursing homes X X X X C C C Private country clubs and golf courses, excluding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not X A A A A P P homeowners' association-owned recreational area Professional offices, included as part of mixed-use development and X X X X A A A not a home occupation in compliance with Chapter 18.60 ACC ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 4 ORD.B Page 133 of 324 C. Resource Uses. Agricultural enterprise:' When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less A' X X X X X X special events per calendar year When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than C' X X X X X X 52 special events per calendar year Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing' P X X X X X X Public and private stables' P X X X X X X Roadside stands,for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must P X X X X X X meet the applicable setback requirements Fish hatcheries C X X X X X X D Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 5 ORD.B Page 134 of 324 Hospitals(except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Type 1-D Wireless Communication Facility(see ACC 18.04.912(J)) P P P P P P P Utility facilities and substations C' C' C' C' C' i An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31 120. 2. Please see the supplemental development standards for animals in ACC 18 31 210. 3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part of a mixed-use development requires an administrative or conditional use permit,the individual use must apply for and receive the administrative or conditional use approval,as applicable. 4. Proximity of pasture or livestock roaming area to wells,surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property owners shall comply with the provisions of the King County board of health code 5. Excludes all public and private utility facilities addressed under ACC 18 02.040(E). 6 Administrative use permit not required when approved as part of a subdivision or binding site plan 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural enterprises development standards. Ord 6369§2, 2011, Ord. 6363§3, 2011, Ord.6269§3, 2009;Ord.6245§ 5,2009.) Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.31 010 Daycare standards. 18.31 020 Fences. 18.31 030 Height limitations— Exceptions. 18.31 040 Lots. 18.31 050 Single-family dwelling siting and design standards. 18.31 060 Recreational vehicle parks. 18.31.070 Setbacks. 18.31 080 Heliports. 18.31.090 Work release, prerelease and similar facilities. 18.31 100 Wireless communications facilities siting standards. 18.31 110 Siting of microcells. ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 6 ORD.B Page 135 of 324 18.31 115 Wetland mitigation. 18.31 120 Accessory dwelling units. 18.31 130 RereRfPd Communal Residence. 18.31.140 Gated residential subdivisions. 18.31 150 Secure community transition facilities. 18.31 160 Supportive housing development standards. 18 31.170 Reserved. 18.31 180 Performance standards. 18 31.190 Supplemental development standards for residential mobile home communities. 18.31.200 Architectural and site design review standards and regulations. 18.31.210 Agricultural enterprises development standards. 18 31.220 Permitted animals. 18.31.230 Table of allowed districts 18.31.130 Communal Residence A. Parking Requirements 1 There must be one off-street parking stall per renter. A landlord may reduce the off- street parking requirement if an affidavit is signed that a tenant does not own a vehicle. B. Solid Waste Management Requirements 1. ACC Section 8.08.070 requires all occupied units to have minimum garage service. The landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the minimum garage service level. 2. The landlord is responsible to provide each tenant with the solid waste collection schedule and that schedule is to be posted within the unit. C An annual building inspection is required for a communal residence as part of the required rental housing business license. D. International Property Maintenance Code occupancy requirements are applicable to a communal residence regardless of the number of individuals living in the residence. E. Amortization Schedule 1 Existing communal residences have 6 months to become compliant with the regulations outlined in this Title as it pertains to communal residences. F The following criteria are required to be met for any communal residence over 4 unrelated individuals in addition to the required criteria for a conditional use permit under ACC 18 64.040. As stated in ACC 18.07.XXX a conditional use permit is required. 1. Adequate living space based on the International Property Maintenance Code standards will be taken into account when a request for more than 4 unrelated individuals is requested. 2. A designated property manager that is available 24 hours a day. 7 days a week is required. 3.The request for more than 4 unrelated individuals will not adversely impact the surrounding community. 4. The applicant must show how noise will be mitigated. Chapter 5.22 RENTAL HOUSING BUSINESS LICENSE AND STRATEGIES Sections: ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 7 ORD.B Page 136 of 324 5.22.010 Definitions. 5.22.020 Business license— Fee. 5.22.030 Advisory board on rental housing. 5.22.040 Rental housing business license criteria. 5.22.050 License application — Required — Form. 5.22.060 License application —Approval or disapproval procedure. 5.22.070 License — Display— Nontransferability— Responsibility 5.22.080 License— Revocation. 5.22.090 Employment of law enforcement officers. 5.22.100 Duty to comply with all federal, state and local laws and regulations— Business license revocation. 5.22.110 Reimbursement for transitional costs. 5.22.120 Violation — Penalty. 5.22.130 Nonexclusive enforcement. 5.22.020 Business license— Fee. Each rental housing business operating in the city, as defined herein, shall obtain and maintain in good standing a "rental housing business license' issued by the city in accordance with the procedures of this chapter and this title. A. The fee for a rental housing business license shall be as set forth in the city of Auburn fee schedule. B. The business license fee shall be for the fiss calendar year 30thJanuary 1s`through December 31s), and each applicant for the business license must pay the full business license fee for the current fiscal- lendar year or portion thereof during which the applicant has engaged in business, regardless of when during the fiscal-calendar year the license is obtained. C. The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5 10 ACC, provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5.05 and 5.10 ACC (Ord. 5882 § 1, 2005, Ord. 5651 § 1, 2002.) 5.22.040 Rental housing business license criteria: A. Managers and operators of rental housing businesses shall comply with the criteria established in this section and chapter in order to maintain their rental housing business license in good standing as required by ACC 5.22.020. The city shall identify and communicate with the managers and operators of rental housing businesses, as it deems appropriate, regarding the criteria established in this chapter The city shall establish forums for information sharing and enforcement review, as it deems appropriate, in order to encourage voluntary compliance with these criteria prior to mandatory enforcement. Rental housing business owners or their non- owner managers shall comply as necessary with the following specific criteria as well as all other requirements of this chapter in order to maintain their business license in good standing: 1 Attendance and participation in crime-free housing training programs when such are offered by the Auburn police department or other city department and the license holder is given written notice to attend. Attendance and participation may be required by the city whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest for criminal activity or the issuance of an ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 8 ORD.B Page 137 of 324 infraction citation in the case of a nuisance, whether or not the arrestee or cited person is a tenant; 2. Mutually derived crime prevention strategies as established and agreed to by and between the city and the rental housing owner and/or manager; 3. City directed crime prevention strategies. If the implementation of criteria in subsections (A)(1) and (2) of this section is unsuccessful in eliminating recurring criminal or nuisance activity the city will notify the rental housing business owner or manager in writing of the requirement to comply with a particular city directed crime prevention strategy The city may implement a city directed crime prevention strategy whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest or issuance of a citation whether or not the person arrested or cited is a tenant. Strategies will be reasonably tailored to the particular location and situation and will be consistent with strategies implemented by other municipalities in similar situations; 4 Upon written request, the rental housing owner or manager shall allow inspection of rental housing residential units consistent with their ability to do so under the requirements of the landlord-tenant statutes of the state of Washington and the Auburn City Code. The city may, with the legally obtained consent of an occupant or owner, or pursuant to a lawfully issued warrant, enter any building, structure or premises in the city to inspect or perform any duty imposed by this code; 5. In the event that recurring criminal or nuisance activity continues at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1)through (4) of this section has failed to eliminate the recurring criminal or nuisance activity at the location, the rental housing owner may hire security officers selected by the manager-operator Voluntary implementation of manager-operator selected security shall stay revocation of the business license so long as the security is effective in eliminating the recurring criminal and/or nuisance activity at said licensed location; 6. In the event that criminal or nuisance activity continues to occur at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1) through (4) of this section and implementation of criteria in subsection (A)(5) of this section has failed to eliminate recurring criminal or nuisance activity at the particular location the rental housing owner may request or agree to city directed off-duty police security Voluntary implementation of city directed off-duty police security shall stay revocation of the business license so long as the security is effective in eliminating ongoing criminal and/or nuisance activity at the particular licensed location, 7 In the event that the rental housing business owner does not comply with criteria in subsections (A)(1) through (6) of this section, the city may revoke the rental housing business owner's license. Business license revocation shall be the ultimate resort for enforcement purposes. Business license revocation shall occur as otherwise set out in this chapter. B. The criteria listed above shall be implemented in a priority beginning with criteria in subsection (A)(1) of this section and ending with criteria in subsection (A)(7) of this section. It is envisioned that most problems can be resolved by participation in crime-free housing training and implementation of its recommended practices. Failure to participate in strategies in ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 9 ORD.B Page 138 of 324 subsections (A)(1) through (6) of this section may subject the licensed/registered party to revocation. Any expense incurred in connection with subsections (A)(2) through (5) of this section will be borne by the licensed/registered party It is further provided that the "inspection of the residential units of rental housing units;' subsection (A)(4) of this section, includes inspection of residential units in the complex for any applicable health, building, fire, housing or life-safety code violations, or other serious violations. Ord. 5882 § 1, 2005, Ord. 5651 § 1, 2002.) C The following requirements are established for communal residences as defined in Title 18. 1. The owner/landlord must provide the following information and any additional information on the rental business license application form at the time of submittal: a. Total number of bedrooms in the rental unit b. Total number of occupants c. Total number of occupants who are students 2 The owner/landlord must provide updated information for each of the items outlined in ACC 5.22.040(C)(1) each year with their rental business license renewal. 3 The owner/landlord must sign a statement that confirms their understanding and acceptance of the conditions and obligations incurred as a landlord. At a minimum, the statement will: a Outline the landlord's responsibilities for providing a safe living environment for their tenants. b That structural additions and modifications are to be properly permitted and inspected. c. That garbage and recycling will be properly managed. d. That adequate off-street parking will be provided for all tenants meeting the requirements of ACC 18.31.130. e That noise and other public nuisances will be monitored and controlled. f. That annual inspections are required in order to obtain a rental housing business license. q That anyone under the age of 18 is subject to the curfew regulations in ACC 9.10. 4 If the owner/landlord is in violation of the requirements for a communal residence, then the code enforcement actions outlined in Chapter 1.25 will be taken. ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 10 ORD.B Page 139 of 324 Exhibit 2 ZOA13-0003 Elizabeth Chamberlain From: Elizabeth Chamberlain Sent: Monday, August 05, 2013 4:27 PM To: DAHP'; 'larry.fsher @dfw wa.gov'; 'ramin.pazooki @wsdot.wa.gov', 'DNR'; sepaunit @ecy wa.gov', 'MIT Cultural Program` 'WA DOC'; 'Washington Environmental Council'; 'Auburn School District'; Dave Hill; 'City of Federal Way'; 'Corbin, Douglas L'; Futurewise' Subject: DNS-two non-project action code amendments Attachments:20130805154450514.pdf, Revised Checklist Student Rental Housing.pdf; Proposed Code Amendments and program SEPA version.pdf; 20130805154441529.pdf; Checklist C-1 Zone Amendments.pdf; Multi Family Amendments SEPA version.pdf Good Afternoon, Attached please find the following: Revised DNS, checklist, and proposed code amendments related to student/rental housing within the City DNS, checklist, and proposed code amendments related to the C-1, Light Commercial Zone, mixed use requirements The City anticipates a public hearing before the Planning Commission on August 20, 2013 and City Council action in September For commerce—the City will be requesting expedited review for the proposed code amendments and will be sending that request shortly under separate cover If there are any questions please let me know Sincerely, Elizabeth Elizabeth F Chamberlain, AICP Planning Manager City of Auburn 253-931-3092 1 ORD.B Page 140 of 324 Exhibit 3 ZOA13-0003 ate "mss STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia,Washington 98504.2525 • (360)725-4000 www.commerce.wa.gov August 7, 2013 Elizabeth Chamberlain Senior Planner City of Auburn 25 W Main Street Auburn, Washington 98001-4998 Dear Ms. Chamberlain: Thank you for sending the Washington State Department of Commerce (Commerce)the following materials as required under RCW 36.70A 106. Please keep this letter as documentation that you have met this procedural requirement. City of Auburn -Proposed code amendments related to student/rental housing and proposed code amendments related to the C-1, Light Commercial Zone, mixed use requirements. These materials were received on August 06, 2013 and processed with the material ID# 19421. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review,then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting, then Commerce will deny expedited review and the standard 60-day review period (from date received)will apply Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than fifteen calendar days after the original date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption If you have any questions, please contact Growth Management Services at reviewteam @commerce.wa.gov, or call Dave Andersen (509)434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services ORD.B Page 141 of 324 Exhibit 4 ZOA13-0003 REQUEST TO PUBLISH Please publish the following Notice of Public Hearing in the Seattle Times on August 8, 2013 Bill the City of Auburn: City of Auburn ATT City Clerk 25 West Main Auburn, WA. 98001 An "Affidavit of Publication" is requested for this billing. Thank you. CITY OF AUBURN NOTICE OF PUBLIC HEARING The Planning Commission of the City of Auburn, Washington, will conduct a public hearing on Tuesday, August 20, 2013 at 7:00 P.M. in the Council Chambers of the Auburn City Hall located at 25 West Main Street on the following: Case Number ZOA13-0003: Amendment to Auburn City Code The proposal amends the Auburn City Code related student/rental housing. The proposed amendments affect Title 18, Zoning, and Title 5, Business and Licenses Regulations. Case Number ZOA13-0005: Amendment to Auburn City Code The proposal amends the Auburn City Code related to the C-1, Light Commercial, Zone. Specifically, the proposed code amendments address mixed-use development standards. Case No.ZOA13.0004:Amendment to ACC 16.10.110, Critical Areas Regulations Amendment to the critical areas regulations to authorize mitigation to be located outside the City under certain circumstances which is currently not allowed The public hearing will be held in the Council Chambers,Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted up until and at the public hearing for ZOA13-0003 and Z0A13-0005 to Elizabeth Chamberlain, Planning Services Manager, Planning and Development Department, 25 West Main Street,Auburn, WA 98001-4988 or Jeff Dixon, Principal Planner, for ZOA13-0004 at the same address If you have further comments or questions, please contact Elizabeth Chamberlain at echamberlain(rilauburnwa qov or at 253) 931-3092. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request,the availability of resources, and the financial ability of the City to provide the requested services or equipment. ORD.B Page 142 of 324 Exhibit 5 ZOA13-0003 CITY OF AUBU WASHINGTON planning and Development Department ENVIRONMENTAL CHECKLIST 1. Name of proposed project, if applicable: Student/Rental Housing Code Amendments 2. Name of Applicant: City of Auburn 3. Address and phone number of applicant and contact person: Applicant: Planning and Development Department 25 West Main Auburn, WA 98001-4998 Elizabeth Chamberlain, AICP, Planning Services Manager 253) 931-3092 4. Date checklist prepared: Original Checklist—June 3, 2013 (Phase 1 of the code amendments) Revised checklist -August 1, 2013 (code amendments not being broken into phases) 5. Agency requesting checklist: City of Auburn 6. Proposed timing or schedule (including phasing, if applicable): Environmental Review—August 2013 Planning Commission Public Hearing —August 20, 2013 City Council Review—September 2013 City Council Action — September 2013 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The City issued a DNS in June 2013 for Phase 1 of the student/rental housing code amendments which was to amend the definition of family After further review, the City determined that breaking the code amendments into phases was not the best course of action so the project is moving forward as one phase. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. ENVIRONMENTAL CHECKLIST Page 1 of 16 ORD.B Page 143 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Determination of Non-Significance issued June 3, 2013 for the amendment to the definition of family 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None. 10. List any government approvals or permits that will be needed for your proposal, if known. The City of Auburn Planning Commission will hold a public hearing on the proposed code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, or not adopting the amendments. Although not an approval or permit, the proposed zoning text amendments are also subject to the 60-day State Agency review process pursuant to RCW 36.70A.106. The City will be requesting expedited review 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You need not repeat those answers on this page. The City has recently been faced with issues related to student/rental housing near Green River Community College. The City will be proposing several code amendments to Title 18, Zoning, and Title 5, Business Licenses and Regulation, to address rental housing. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposed code amendment would be applicable city wide. B. ENVIRONMENTAL ELEMENTS: 1. Earth: A. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous,other. Page 2 of 16 ORD.B Page 144 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT The City of Auburn is characterized by a relatively flat valley floor bordered by steep hillsides that plateau. B. What is the steepest slope on the site (approximate percent slope)? The slope of the valley walls in the city varies, but some slopes associated with the valley walls reach 100%. Most sites on the valley floor have limited slopes. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The valley floor is made up primarily of soils of the Oridia, Renton, Snohomish and Briscott series. These soils are fairly poorly drained and formed in the alluvium (river sediments) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well-drained. There is no designated prime farmland within the City of Auburn. The soils in the uplands are predominantly of the Aldenvood series. These soils drain moderately well and are typically located on slopes ranging from 0-70%. D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Many factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and vegetation removal. The city has identified categories of geologic hazard areas and inventoried these areas. Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9 7, respectively in the City's Comprehensive Plan. E. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. The proposed amendments are non-project actions, so no site alteration, construction, or earthwork is proposed. F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable. Non-project action. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. The action does not involve site specific development proposals H. Proposed measures to reduce or control erosion, or other impacts to the earth. This is a non-project action so no site specific erosion control is proposed. However, the existing comprehensive plan includes numerous policies to reduce or control erosion through the use of best management practices, landscaping requirements, limitations on alteration of steep slopes and other critical areas protections. Impacts to earth will be Page 3 of 16 ORD.B Page 145 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT identified and, if necessary, mitigated during the development review process as specific development proposals are made that might be associated with these plan amendments The city also has design and construction standards that address erosion control measures. 2. Air: A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any,generally describe and give approximate quantities if know. Not applicable. Proposal is a non-project action. B. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. Proposal is a non-project action. 3. Water: A. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site including year round and seasonal streams, saltwater, lakes, ponds, wetlands): If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The major bodies of water within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White Lake. The City has conducted an inventory of wetlands within the city limits. These are shown on Map 9 3 of the City's Comprehensive Plan. 2) Will the project require any work over, in, or adjacent to (within 200 feet)the described waters? If yes, please describe and attach available plans. Not applicable. This is a non-project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. This is non-project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Page 4 of 16 ORD.B Page 146 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. This is non-project action. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Proposal is non-project action. However, several areas within Auburn lie within the 100-year floodplain of the Green or White River and Mill Creek. These areas as well as frequently flooded areas as defined by the City of Auburn Public Works Department are shown on Map 9.4 of the City's Comprehensive Plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Proposal is a non-project action. B. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Not applicable. This is non-project action. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is (are) expected to serve. Not applicable. This is non-project action. C. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not applicable. This is non-project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. This is non-project action. D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable. This is non-project action. 4. Plants: A. Check or circle types of vegetation found on the site: Page 5 of 16 ORD.B Page 147 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X grass. X pasture.X crop or grain. X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, X other water plants: water lily, eelgrass, milfoil, other X other types of vegetation. X B. What kind and amount of vegetation will be removed or altered? Not applicable. This is non-project action. However, in general urban development results in the removal or alteration of many types of vegetation. C. List threatened or endangered species known to be on or near the site: None that are known. D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. This is non-project action. 5. Animals: A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc. Mammals: deer, bear, elk, beaver, other, Fish: bass, salmon, trout, herring, shellfish, other, urban animals such as dogs, cats, squirrels, rodents, opossums, raccoons,etc.are also present in the city. B. List any threatened or endangered species known to be on or near the site. There are nesting/breeding sites of bald eagles, great blue herons and green back heron within Auburn as shown on Map 9.2 of the City's Comprehensive Plan. The Environmental Impact Statement for the Auburn Thoroughbred Racetrack indicates that peregrine falcons, bald eagles, and the Aleutian Canadian Goose have been seen in the Auburn area. Chinook salmon are currently listed as a threatened species by the National Marine Fisheries Service (NMFS). Bull trout are also listed. Chinook salmon are known to use the Green and White Rivers. C. Is the site part of a migration route? If so, explain. Auburn is a portion of the Pacific Flyway for migratory birds. Page 6 of 16 ORD.B Page 148 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT D. Proposed measures to preserve or enhance wildlife, if any: Not applicable. This is non-project action. 6. Energy and Natural Resources: A. What kinds of energy(electric, natural gas, oil,wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable. This is a non-project action. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable. This is a non-project action. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. This is a non-project action 7. Environmental Health: A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Not applicable. This is a non-project action. 1) Describe special emergency services that might be required: Not applicable. This is a non-project action. 2) Proposed measures to reduce or control environmental health hazards, if any: Not applicable. This is a non-project action. B. Noise: 1) What types of noise exist in the area which may affect your project(for example: traffic, equipment, operation, other)? Not applicable. This is a non-project action. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Page 7 of 16 ORD.B Page 149 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. This is a non-project action. 3) Proposed measures to reduce or control noise impact, if any: Not applicable. This is a non-project action. 8. Land and Shoreline Use: A. What is the current use of the site and adjacent properties? The City and PAA contain a variety of land uses including residential, industrial, commercial, open space, and public land uses. The proposed code amendment would be applicable to residential zoned property within the City B. Has the site been used for agriculture? If so, describe: Much of the Green River Valley and the City of Auburn were used for agriculture at some time in the past. Over the last several decades, rapid growth in the area resulted in much of the agricultural land converting to urban uses. No land within the city is designated as agricultural, though some parcels continue as that type of use. C. Describe any structures on the site: Structures within the City range from small single family detached homes to large industrial and warehousing facilities. D. Will any structures be demolished? If so, what? Not applicable. This is a non-project action. E. What is the current zoning classification of the site? City zoning districts include: RR (Rural Residential); R-1 (1 du/acre) R-5 (5 du/acre); R-7 7 du/acre); R-10 (10 du/acre), R-20 (20 du/acre); RMHP (Residential Manufactured Home District); RO (Residential Office); RO-H (Residential Office-Hospital), CN Neighborhood Commercial); DUC (Downtown Urban Center); C1 (Light Commercial); C2 (Central Business District); C3 (Heavy Commercial); M1 (Light Industrial); M2 Heavy Industrial); BP (Business Park); LF (Airport Landing Field); P1 (Public Use); UNC Unclassified Use); I (Institutional Use); LH (Lea Hill). The proposed code amendment would affect all the zoning districts. F. What is the current comprehensive plan designation of the site? A Comprehensive Plan map of the City is contained in the City's Comprehensive Plan and includes 13 different plan designations. G. If applicable, what is the current shoreline master program designation of the site? Page 8 of 16 ORD.B Page 150 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Portions of the City along the Green and White Rivers fall under the Shoreline Master Program. A map of the shoreline designations for those areas is Map 9 1 of the City's Comprehensive Plan. Zoning districts that are applicable to this proposed code amendment doe fall within the City's Shoreline Management area. H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify: Not applicable. This is a non-project action. However, areas of the City do have sensitive areas and the regulation and protection of sensitive areas are addressed through the City's critical areas ordinance. I. Approximately how many people would reside or work in the completed project? Not applicable. This is a non-project action and no specific development is proposed. J. Approximately how many people would the completed project displace? None specifically Proposal is a non-project action. K. Proposed measures to avoid or reduce displacement impacts, if any: None specifically Proposal is a non-project action. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None specifically. Proposal is a non-project action. 9. Housing: A. Approximately how many units would be provided, if any? Indicate whether high, middle,or low-income housing. Not applicable. Proposal is a non-project action. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control housing impacts, if any: Not applicable. Proposal is a non-project action. 10.Aesthetics: A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Page 9 of 16 ORD.B Page 151 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. Proposal is a non-project action. B. What views in the immediate vicinity would be altered or obstructed? Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. Proposal is a non-project action. 11. Light and Glare: A. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. Proposal is a non-project action. B. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. Proposal is a non-project action. C. What existing off-site sources of light or glare may affect your proposal? Not applicable. Proposal is a non-project action. D. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. Proposal is a non-project action. 12. Recreation: A. What designated and informal recreational opportunities are in the immediate vicinity? The City of Auburn provides a full range of parks and recreational facilities. Map 11.1 of the City's Comprehensive Plan shows the location of these facilities. B. Would the proposed project displace any existing recreational uses? If so, describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control impacts on recreation including recreation opportunities to be provided by the project or applicant, if any: Not applicable. Proposal is a non-project action. 13. Historic and Cultural Preservation: A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: Page 10 of 16 ORD.B Page 152 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. Proposal is a non-project action. However as a matter of information, in Auburn, the Blomeen House located at 324 B Street NE is on the National Register of Historic Places. The Camegie Library Building at 306 Auburn Avenue (currently Auburn Dance and Music Center) and the Auburn Post Office currently Seattle-King County Health Department) at 20 Auburn Avenue NE are local and county landmarks. The Olson Farm, located at 28728 Green River Road South, was designated as King County Landmark in 2000 and the Masonic Temple Building at the southeast comer of Auburn Way South and East Main Street was designated as a King County Historical Landmark in 2002. B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Several Indian campsites have been identified along the Green and White rivers in the Auburn Thoroughbred Racetrack EIS and in preliminary work for the Army Corps of Engineers' Special Area Management Plan. C. Proposed measures to reduce or control impacts, if any: Not applicable. Proposal is a non-project action. 14. Transportation: A. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any Figure 2-1 of the Comprehensive Transportation Plan (transportation element) shows the City's current and future classified street system. B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable, non-project action. However, Figure 4-1 of the Comprehensive Transportation Plan (transportation element) shows the location of public transit routes within the City Also, a commuter rail station exists along the Burlington Northern Santa Fe railroad right-of-way just south of West Main Street and east of C Street SW C. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. Proposal is a non-project action. D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private): Not applicable. Proposal is a non-project action. Page 11 of 16 ORD.B Page 153 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe: There is no water transportation in the Auburn area other than for recreational uses. The area is particularly well served by rail. At this time, local freight service is available. Burlington Northern Santa Fe and Union Pacific both operate freight lines within Auburn. Auburn is also a commuter rail station site for the Sounder commuter rail line between Tacoma and Seattle. Service began September 18, 2000. Amtrak trains pass through Auburn but do not stop here. The Auburn Airport is located north of 151" Street NE. F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable. Non-project action. G. Proposed measures to reduce or control transportation impacts, if any: Not applicable. Non-project action. 15. Public Services: A. Would the project result in an increased need for public services (for example: fire protection, police protection, health care,schools, other)? If so, generally describe: Not applicable. Non-project action. B. Proposed measures to reduce or control direct impact on public services, if any: The comprehensive plan contains policies that seek to maintain a sufficient level of service for public services as development occurs. Also, Auburn reviews under SEPA, the impacts of significant development on these public services. Mitigation measures are required to reduce significant adverse impacts. 16. Utilities: A. Circle utilities currently available at the site: Electricity, natural gas water, refuse service, telephone, sanitary sewer, septic system, other Cable N. All of the above utilities are available within the City of Auburn. B. Describe the utilities that are proposed for the project,the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed: This is a non-project action. However, the Comprehensive Plan includes a utilities element (as required by the Growth Management Act), which describes the utilities that serve the Auburn area and includes policies for their provision. Also, the city actively engages in planning for public facilities. A new Comprehensive Water Plan and new Comprehensive Sewer Plan were adopted by the City in 2009 A Page 12 of 16 ORD.B Page 154 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT new Comprehensive Drainage Plan was adopted in 2009 A new six year Capital Facilities Plan was adopted in 2012 (2013-2018). These plans ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. OWNER/AGENT SIGNATURE: Elizabeth Chamberlain DATE SUBMITTED: August 1. 2013 Page 13 of 16 ORD.B Page 155 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Do not use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed code amendments to Title 18, Zoning, and Title 5, Business Licenses and Regulations, should have a minimal change in discharging to water, emissions to air, production, storage, or release of toxic or hazardous substances or the production of noise. While the proposed code amendment could apply to undeveloped property, the City's stormwater design manual addresses stormwater discharges and the City has other regulations addressing emissions to air and hazardous substances. Proposed measures to avoid or reduce such increases are: The City of Auburn Comprehensive Plan contains provisions to reduce increases or emissions caused by new development. Emphasis in the Comprehensive Plan on reducing the reliance on the automobile for transportation should reduce the amount of emissions to the air Policies in the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation. This should support wildlife habitat areas, particularly near streams, as the policies assist the City in addressing adverse impacts to water quality and wildlife habitat from runoff since native plantings may require less pesticide use. An environmental review of all non-exempt (from SEPA) development will be conducted to evaluate and mitigate impacts related to discharges, emissions, and the release of toxic substances. Evaluation of the site specific proposals will be based on the policies of the Comprehensive Plan and appropriate mitigation will take place on a case by case basis. City development standards including but not limited to the critical areas ordinance, shoreline master program regulations, and the Design and Construction Manuals, also provide additional protection for these types of impacts. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal is not likely affect plants, animals, fish, or marine life. However, as noted below, the City has development standards to provide protection for these types of impacts. Proposed measures to protect or conserve plants,animals,fish, or marine life are: Generally, the adopted Auburn Comprehensive Plan and critical areas ordinance seek to protect and conserve plants, animals, fish, and marine life. An environmental review under SEPA of all non-exempt development is conducted to measure impacts. Evaluation based Page 14 of 16 ORD.B Page 156 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT on the policies of the Auburn Comprehensive Plan and appropriate mitigation will take place on a case-by-case basis. Policies within the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation be used and/or retained. This should support wildlife habitat areas, particularly near streams as the policies assist the city in addressing adverse runoff impacts to water quality and wildlife habitat since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance and the shoreline master program regulations also provide additional protection for these types of impacts. 3. How would the proposal be likely to deplete energy or natural resources? Future development will use natural gas and electricity and could result in increased automobile uses. However, there does not appear to be any significant adverse increases in the use of energy of natural resources resulting from the amendments being proposed to the existing comprehensive plan over what might occur under existing plan designations. Proposed measures to protect or conserve energy and natural resources are: None specifically, as this is a non-project action. However, in addition to the provisions of the Auburn Energy Management Plan (adopted in 1986), which encourages energy conservation in public buildings, street lighting, and recycling, the comprehensive plan places an emphasis on providing for alternative methods of travel to the automobile such as transit, walking, and biking. An environmental review under SEPA of all significant development will be conducted to measure the project impacts. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Taken as a whole, there should not be any change in impacts from existing regulations on environmentally sensitive areas or areas designated for government protection. Regulations are in place to protect environmentally sensitive areas regardless of the use of the land or these proposed code amendments. Proposed measures to protect such resources or to avoid or reduce impacts are: The comprehensive plan and, in particular, the critical areas ordinance, seek to protect environmentally sensitive areas (wetlands, streams, geologically hazard areas, floodplain, wildlife habitat, and aquifer recharge areas) and to reduce the impacts of development on them. The Auburn Comprehensive Plan provides for the implementation of innovative land management techniques to protect these resources. An environmental review under SEPA for all non-exempt development will be conducted to evaluate impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Page 15 of 16 ORD.B Page 157 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Amendments can only be approved if it can be assured that future development is consistent with the Comprehensive Plan and its policies and related regulations. Those proposals that are not consistent with the comprehensive plan policies or other existing plans will not be approved. Proposed measures to avoid or reduce shoreline and land use impacts are: The comprehensive plan, critical areas ordinance, and other development regulations, such as the zoning ordinance and shoreline master program, seek to protect these land and shoreline resources and to reduce the effects of development on them. An environmental review under SEPA of all development that is non-exempt will also be conducted to evaluate a proposal's land use and environmental impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed amendment could lead towards development that may increase demands on public services, the transportation network, and utilities. The City has adopted a traffic impact fee structure to address impacts to the transportation network. Proposed measures to reduce or respond to such demand(s) are: The Auburn Comprehensive Plan presently incorporates the 2013-2018 Capital Facilities Plan updated, which seeks to maintain a sufficient level of service for public services as development occurs. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and Comprehensive Sewer Plan updates were adopted by the city in 2009 The Comprehensive Drainage Plan update was also adopted in 2009. The Comprehensive Transportation Plan was adopted in 2005 with updates during the 2006 and 2009 Comprehensive Plan amendment cycles. These plans help ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not appear to present any conflict with local, state, or federal laws or requirements. Page 16 of 16 ORD.B Page 158 of 324 Exhibit 6 ZOA13-0003 CITY Or AD-BuRN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 MEMORANDUM * TO' Interested Parties FROM: Elizabeth Chamberlain AICP, Planning Manager iPlanningandDevelopmentDepartment DATE: August 5, 2013 RE: Notice of Revised Determination of Non-Significance for the Amendment to Auburn City Code Title 18, Zoning Code, and Title 5, Business Licenses and Regulations. Current File Nos. ZOA13-0003 and SEP13-0013 Please find enclosed a copy of the proposed determination of non-significance in accordance with 197-11-340(2) for the above referenced project. Also included are the following: 1 Revised Environmental Checklist 2. Proposed Code Amendment to Auburn City Code, Title 18, Zoning, and Title 5, Business Licenses and Regulations. If you have any questions regarding this process or would like to receive additional documentation on the proposed amendments, please contact Elizabeth Chamberlain AICP, Planning Manager at echamberlainC@auburnwa.pov or at 253-931-3092. I I AUBURN * tvAORL THAN YOU INIAGINIT)ORD.B Page 159 of 324 CITY Or AD-BuRN Peter B. Lewis, Mayor WAS I- I NGTON 25 Wost MaIn Stroot * Auburn WA 98001-4998 * WWW.uuburnwa.gov * 253.931-3000 Revised Determination of Non-Significance SEP13-0013 and ZOA13-0003 Description of Proposal: Amendments to Title 18, Zoning, and Title 5, Business Licenses and Regulations, related to student/rental housing. The City was taking these amendments in two phases and issued and DNS on June 3, 2013 for Phase I which proposed to amend the definition of family After further review, the City determined that breaking the code amendments into phases did not work and are moving forward with the proposed code amendments as one phase. Proponent: Elizabeth Chamberlain AICP, Planning Services Manager City of Auburn Planning and Development Department Location: City wide Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C 030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date issued below Comments must be submitted by 5.00 p.m. on August 19, 2013. Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk within 14 days of the close of the comment period, or by 5:00 p.m. on September 3, 2013. Responsible Official: Jeff Tate Position/Title. Interim Planning and Development Director Address: 25 West Main Street Auburn, Washington 98001 253-931-3090 Date Issued: August 5, 2013 Signature: i Note: This determination does not constitute approval of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal will be required to meet all applicable regulations. I AuBu[N x: MOM : THAN YOU IMAGINEDORD.B Page 160 of 324 Exhibit 7 ZOA13-0003 From: Jeff Tate To: Elizabeth Chamberlain Subject: FW Follow Up Item From May 21st Community Meetmg at Green River Community College Date: Monday,June 17,2013 12:47:32 PM From: Robert Kent DeWitt [mailto:kent.dewitt@gmall.com] Sent: Monday, June 17, 2013 11:11 AM To: Jeff Tate Subject: Re: Follow Up Item From May 21st Community Meeting at Green River Community College Good morning Mr. Tate, Sorry for not get this done earlier. A little about me first: I am Robert Kent DeWitt, retired fire chief and former Asst. State Fire Marshal. I have a Bachelors degree in Fire Command Administration but, more importantly, I have an AA degree in Real Estate, which gives me some perspective on the issues related to residential real estate here in my community. I have a home in the Rainier Ridge development on Leah Hill. I purchased it about 10 years ago, close to GRCC so my daughter could attend. I started renting rooms out to other students while she was here so that she wouldn't be alone if I was off traveling (which I do a lot of as I am retired). I have continued to rent rooms to students because I am gone more than I am here and it keeps the home occupied, which protects my property rather than being vacant and uninsurable. I have had many international students over the years....some from Hong Kong, mainland China, Taiwan, Viet Nam, Indonesia, Korea, California (?), and a few others that I can't recall at the moment. My house is a 4 bedroom rambler and I usually rent two rooms but have rented all of them on occasion, depending on my plans for being here or not. I have also had ongoing maid service to clean common areas as the students aren't big on cleaning other's messes. My yard is professionally maintained as well. This protects my investment and keeps the neighbors happy too. I am familiar with various codes and have even been responsible for certain programs like weed abatement requirements for maintenance of residential property. I am also aware of building codes and requirements for habitable spaces. Both of these areas are generally already in existing codes enforced by cities. As a foreign traveler, I have visited over 23 countries around the world, many of them 3rd world. Many cultures do not share the luxury of having a private bedroom for each person. In my experience, the norm would be a shared room, sometimes entire families sharing one sleeping room. I certainly do not advocate that but it is important to note what is relevant to others. ORD.B Page 161 of 324 I recently attended an informational meeting at GRCC where issues of concern to neighbors were discussed. Some of my neighbors seemed upset and, perhaps a little racist, as to their concerns about students living in their midst. They talked about cars being parked and about speeding cars as well. The few times I have seen speeders here, they were not students but others who live here. I was almost hit once when I pulled onto 318th Way from 126th by a car doing about 40. I made a hand signal for him to slow down and he came racing back to ask what I was complaining about. I told him the speed limit was 25 and he insisted it was 35 though he was doing about 40+. I digress! I think that as a responsible homeowner (landlord?) living here that I have the right to rent out individual rooms to students. I am filling part of a huge need for housing. The neighborhood is evolving as it does in every other college neighborhood. There are already sufficient rules and codes dealing with yard maintenance (nuisance abatement), garages being converted to living space (building code and fire codes), on street parking, speeding, etc. We DO NOT need more rules,just enforcement of those already in existence. The tricky part of the issue is probably in the area of number of occupants to occupy a bedroom. For the sake of my property, I usually limit one person to each of the regular bedrooms. However, I have in the past rented a room to a student with a baby, who shared the same bedroom. I have also rented out the master bedroom to a couple (married but what difference?). In this day and age of marriage for same sex couples and for same sex couples to live together as a couple, how in the world do you expect to regulate that and why would you want to? From a truly pragmatic point of view, I think it is the home owner who should decide how many people he rents his property to, not the government. Government can and should regulate that the property be maintained in a clean and safe manner. As a homeowner, I know that the wear and tear on a property is significantly increased when the number of people in residence increases. But that is my problem, not the city's problem. So regulate and enforce rules about smoke detectors, emergency lights, yard maintenance, parking regulations (don't block driveways, etc.). But we do not need government telling us how many people can be in our homes. Common sense and economic conditions will dictate this. If my neighbors are truly concerned, then they should realize that their properties' value is determined by their highest and best use, and that that use is changing. GRCC is growing as is the entire world. Things have changed in this neighborhood and given the proximity to GRCC, it is going to become more reliant on the availability as a student housing option. The campus apartments currently charge about $700 per student to live in a 4 bedroom apartment. My home is only a couple blocks away and 1 charge $550. Theoretically I could bring in $2,200 per month if I didn't maintain space for myself. That leaves a lot of room for maintenance and management as well as potential profit. There are waiting lists for the apartments and I have never had problems with renting out rooms, usually renting to kids who are friends of the ones who are graduating and moving on. Homes such as mine are necessary for the college to function as an international school. As an added note, 1 declare the income I receive by renting out rooms. Someone at the school once told me that there was an IRS ruling that said 1 didn't have to claim it as income. That didn't seem to make sense so I continue to claim on my taxes. If others are not, then perhaps there is a need to evaluate this "exclusion" as a means of controlling the potential growth of ORD.B Page 162 of 324 rentals here in this neighborhood. But if my neighbors think that they can regulate room rentals out of existence, then they should rethink their goals and realize that the economics of it will dictate that this is no longer a simple neighborhood that will remain a cluster of families living in isolation. The best use of the homes in this neighborhood is for auxiliary student housing and that will be the future. Investors are going to buy our homes, not young families. The values will be higher as a result and that should bode well for the existing owners too. I am sorry that I can not be there on the 18th. I will be visiting friends in Port Angeles and then spending a few days in Oregon. However, I am willing to attend future meetings to answer any questions you may have of me (subject to in travels of course) and you may also feel free to call me at as well on my cell phone: I would prefer to not publish my phone number in case my thoughts might provo a of ers to harass me though I would gladly defend my opinions publicly at any time. Thank you for the opportunity to be considered on this issue. Robert Kent DeWitt On Tue, Jun 4, 2013 at 11.24 AM, Jeff Tate <italenauburnwa.gov> wrote: Mr. Dewitt, I apologize that the scheduling change creates a conflict. Written comments would be very helpful. Perhaps we can schedule a phone call as well so that we can go over your comments in advance of the June 18th meeting? That way, I can do the best job I can to present them to the Planning Commission. Additionally, this first action is limited to revising the definition of family so that we don't have a gap in our code that allows up to 8 non-family members to live together as a single housekeeping unit. Removing this language will help code enforcement take action on properties that are loaded with renters who have no relation to each other I hope that you see this as a good first step for the City to take while we discuss the next steps/actions. I would be happy to make myself available for a phone call in the next two weeks, however I think it would be most productive if you prepared your comments first so that I have a chance to read them and we can have a little deeper conversation about how to get you plugged in and to make sure you are able to influence the process. Jeff Tate From: Robert Kent DeWitt [mailto:kent dewitt(Ft)gmaii.com] Sent: Tuesday, June 04, 2013 8:47 AM To: Jeff Tate Subject: Re: Follow Up Item From May 21st Community Meeting at Green River Community College Jeff, I am disappointed that the meeting was changed. I had planned to be there tonight but will be in Port Angeles on the 18th. I will try to put some of my concerns in writing and ORD.B Page 163 of 324 email to you before then if they can be presented to the hearing. On Jun 4, 2013 8:20 AM, "Jeff Tate" <jtate(c7auburnwa.govv> wrote: Good morning Lea Hill residents, 1 wanted to provide an update to one of the subjects that we discussed on May 21St. During the meeting 1 stated that the City's Planning Commission would be holding a public hearing on June 4th to consider an amendment to City code which effects the number of non-family members that can occupy a single home. I mentioned this item because it has an impact on the authorities we have for addressing issues that spring up with some of the rental houses throughout town. Modifying the definition of family would be the first item in a series of potential code changes that works towards creating a more definable and manageable rental housing program. The purpose of this email is to inform those who are interested in this subject that tonight's meeting has been rescheduled to the evening of Tuesday, June 18th at 6.30 pm. There were several other items on the agenda that are also rescheduled to June 18th I apologize for any inconvenience that this may create and hope that this email reaches you before you make the trip to City Hall. Jeff Tate Interim Director of Planning and Development The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. ORD.B Page 164 of 324 R. Kent DeWitt kent.dovittngmail.com ORD.B Page 165 of 324 Elizabeth Chamberlain From: Stacey Griffin (253) 394-3991 [forsalebystacey @yahoo.coml Sent: Saturday, August 03, 2013 6:10 PM To: Elizabeth Chamberlain Subject: Citizen Comment to the PCDC-August 12, 2013 Dear Elizabeth, I am not able to attend the meeting on August 12, but, would like my opinion heard. I live in Rainier Ridge at 31812 125th PL SE, Auburn. It has come to my attention that the zoning codes for my area are in consideration for change. I bought my home 14 years ago with the intention of living in a community of other single family homes with the knowledge that some rentals would be in the neighborhood. I am completely against the zone codes being modified so that rooming and boarding houses would be legal in my neighborhood. The fact that it is happening illegally already is bad enough, let's not make it worse. I find that home owners typically have a better love for their house and therefore take better care. In turn that keeps the neighborhood looking nice and the values higher than if the neighborhood was filled will boarding houses of people who do not have the same love for the home. Being a Realtor I have seen more than the average person in regards to housing and therefore have a strong opinion in this matter. If boarding/rooming houses are in need let's build some more student housing and leave the existing neighborhoods alone. Enforcement of the current code would also be appreciated to prevent further illegal activity from continuing. Kindly include my email in your discussion and consideration. Best Regards, Stacey Griffin Broker RE/MAX Choice Executives Cell: 253.394.3991 Office: 25J.220.0858 Pax: 866.601.3274 Web- httn://staceN,cLriffin.remaxaoent.com By the way, I'm never too busy for any of your referrals! i ORD.B Page 166 of 324 Elizabeth Chamberlain From: Hank Galmish [HGalmish@greenriver.edu] Sent: Sunday, August 04, 2013 9:19 PM To: Elizabeth Chamberlain Subject: FW: Keep the Integrity of our Neighborhood Dear Ms. Chamberlain, I had this email sent back so I am forwarding it. Hank Galmish From: HENRY GALMISH [hpgalmish @msn.com] Sent: Sunday, August 04, 2013 8:08 PM To: Hank Galmish Subject: FW Keep the Integrity of our Neighborhood From: hpgalmish @msn.com To: echamberlain @auburnwa.gov Subject: Keep the Integrity of our Neighborhood Date: Mon, 5 Aug 2013 03:06.29 +0000 Dear Elizabeth, I know that the City of Auburn is considering changing the zoning codes in the neighborhood adjacent to Green River Community College. I am an English professor at Green River Community College, and I live in the Ranier Ridge subdivision at 12443 SE 318th Way I have lived at this location for over twelves years and over the years have watched as people have bought houses in the area not to live in , but to carve up, cutting up garages and even living rooms without permits, and changing their houses into Boarding Rooming Houses. These are currently illegal by the code we live under And now it appears that the city wants to change the zone to accomodate these illegal conversions. One of these conversions is right next to me, and I can attest that no family lives there. In fact, at times there have been eight students living there. The house has been allowed to run down, cars have been parked on the lawn, trash is left out for days, there has been little, if any, repair done on the structure, and rats have been found on the property who have migrated onto my property I maintain my home and find it offensive that the city is willing to support people who do not live in the area who are going to make a quick buck at the expense of the neighborhood. I know my neighbors and I love living in a neighborhood designed for families. I am aware that a couple of my neighbors have filed complaints to the Planning/Code Enforcement Office of Auburn about these conversions, only to learn that one of the long term code enforcers of Auburn is doing the same type of illegal conversions in houses close to the college. Those who have complained have been visited by code enforcers and have been cited for seeming "irregularities" on their property It is appalling that those with the authority to enforce the law are not only violating the laws themselves, but are also using their office and power to stiffle legitimate complaints. This is a country of laws and not coercion. This problem has also been pointed out to city officials. And now the city is exploring possibilities of allowing Boarding Houses in our single family neighborhood. I am totally against this possible change. The college needs to build more dorms if it cannot handle the international students that it is recruiting, instead of creating a serious problem for the neighborhood that is affecting both the quality and the safety of our home and our families. Of course, it is also affecting the economic values of 1 ORD.B Page 167 of 324 our homes. I supported being annexed to Auburn because I thought we as a community would be more protected by our elected representatives. I expect you to take that responsibility seriously I want this email to be officially included in your formal discussions and for your thoughtful consideration. Sincerely, Hank Galmish 12443 SE 318th Way Auburn, WA 98092 253-939-4943 2 ORD.B Page 168 of 324 Elizabeth Chamberlain From: thesurecure @netzero.net Sent: Tuesday,August 06, 2013 11 44 AM To: Elizabeth Chamberlain Subject: Citizen Comment to the PCDC-August 12, 2013 Hello, We have lived at 12817 SE 318th Way for 5 years. We could rent an apartment for much cheaper than we pay to live here; but we choose to live here because we want to live in a peaceful neighborhood of single family homes. Please do not change the zoning codes; we implore you to enforce the code as it now exists. If this turns into a neighborhood of rooming houses, we will probably move. Thank you for letting us express our concerns. Jonathan and Julie Hord i ORD.B Page 169 of 324 i Pertaining to the Issues of Illegal Rooming Houses in Neighborhoods Surroundin 4000 9 40 Nancy Welch and Jeff Tate, Living close to the Green River Community College our neighborhood has been targeter 6y 6rupu- IOUS individuals that have been running illegal rooming houses. To be clear, the motive is pro ift'and to that end many have resorted to increased occupancy by converting existing garages into hidden bed- rooms and living spaces. These conversions have been done with no permit, no inspection and by unlicensed persons doing substandard work and questionable electrical hookups. It can be assumed that appropriate insulation of the spaces and venting of water heaters have not been addressed accord- ing to code. The fact that the interior conversions are sitting behind non-operable garage doors is a code violation in itself.i Initially I and others have gone to the persons working in the GRCC program serving international stu- dents to try to enlist their help in protecting their students who are being taken advantage of, but they have stated that they have no control on where students live if they are not housed in their own campus apartment village. These very issues have been mentioned directly by me to other officials of the col- lege including the President, Eileen Ely and no action has been taken. I have spoken openly in city sponsored and college sponsored meetings of our concerns for the students'well being as well as this assault on the integrity of our neighborhood with little if any response from the college. The only response of real significance occurred just this Spring when the office seeing to the housing options for international students has removed the option of the HomeShare program from their avail- able choices. Cyndi Rapier has personally related to me that they no longer support or will refer stu- dents to houses for obtaining living arrangements. The HomeStay program where students live with a local family and the Campus Corner Apartments are now the only options listed. In late summer of 2010, getting no help or concern from the college community I filed a formal com- plaint against three of these houses with the City of Auburn. I stated that they were being run as room- ing or boarding houses (illegal in R-5 zoning) and also stated that non-permitted and un-inspected con- versions had been made in the garages for living spaces and could be a danger to the people living in them. Several days after making this complaint two code enforcement officers showed up at my house saying they had a complaint against the property. I mentioned that I had made a complaint against three other properties. Professing that they must have written down my address by accident (were they unfamiliar with the complaint form format?, did they not have a copy of the complaint form with them as part of an open file?) one of the officers said he noted that I had a couple of unregistered mini-trucks in my drive- way that appeared to be not drivable. The other one said "Perhaps you should make sure your own house is in order before complaining about your neighbors." I remember laughing at the time and saying "OK, I get it." I later received a citation and was given 21 days to correct the situation.After the bulk of that time had gone by, I contacted the officer, Donald Hill and explained that I was having difficulty finding a buyer for my vintage (45 year old) pickups and needed some more time. He expressed passing concern giving me slightly longer but said that he would be forced to see me cited with daily fines if I did not comply within his stated time frame. I later sold my trucks for about a third of their value and the violation was closed. But what you may wonder happened to the properties that I had included in my complaint? NOTHING! I ORD.B Page 170 of 324 Reading the reports in the recently obtained records I find out that the whole of the investigation of these properties was to drive by and look for a violation.Apparently their X-ray vision googles were out of batteries or in the shop for repair as they were not able to see the bedrooms hidden behind garages doors. After they completed several more drive by inspections the cases were closed. Before this occurred I also emailed a photograph I took one evening of one of the houses while standing in a public space sidewalk)that revealed normal living furniture and lamps through the window at the side of the garage. The reply I received from code enforcement was dismissive and they stated that they were concerned that I had violated someone's civil rights and had forwarded the photo on to the police department. The Records of the Three Cases (plus One Recent One): Please remember when reading these cases that the original complaint was specifically about rooming house activity and illegal interior construction. V1010-0637 12401 SE 318th Way, Auburn 98092 A drive by inspection was done. Donald Hill notes he could not see any violation from the outside.At the request of Rick Hopkins, he and CJ (Chuck Joiner?) repeated the drive by inspection a week later and again noted no violation. Donald Hill also reports that he spoke with the complainant(me) and that I confirmed that the"viola- tions appear to have ceased." This is LIE! No conversation ever occurred between Hill and myself concerning my complaint. My only contact with him was concerning my citation for my non-running trucks. The case was opened on 9/16/2010 and closed on 9/22/2010 See Attachment 1 By the way, there is no business license associated with this address. I I VIO10-0652 (2010) 12625 SE 317th St, Auburn 98092 Donald Hill reports he made a site inspection and saw no signs of violation. No inspection report is in- cluded in the file on this action, so we must assume that he looked at the building strictly from the out- side. He also reports that he returned to discuss the complaint with me and that I reported that the"violations appear to have ceased." This is LIE! No conversation ever occurred between Hill and myself where I denied that the rooming house activity or the possible garage living spaces had disappeared. The case was opened on 9116/2010 and closed on 9/22/2010. See Attachment 2. IORD.B Page 171 of 324 The owners of this particular property are frequent advertisers by posted flyer with pull tabs see Attachments 3 and 4). If there is any doubt that this is a rooming house please review a copy of the rental agreement sent just within the last week to a prospective renter. Note the wording, "Landlord rents one private room to Ten- ant, and Tenant rents one private room from Landlord for residential purposes only." Also note else- where that some rooms are rented as singles, others as doubles and some may even have three occu- pants. "Occupancy by no more than two adult[sic] for single room or three adult [sic]for shared room." See Attachment 5- four pages) By the way, there is no business license associated with this address. VI010-0773 (2010) 12437 SE 318th Way,Auburn 98092 This case lasted longer than the others. The initial response was just like the others (drive by inspec- tions) and then the record notes the photographs I sent in which actually did spark some additional in- terest and record checking, ending in a call to the owner(Kevin Bauer). He admitted that there were living spaces behind the garage door (but denied they were bedrooms). He stated the house was rented to a single family, a point that is vehemently disputed by his next door neighbor, Hank Galmish, who had to deal with a number of problems with loud, rude, and messy stu- dents living there. Informed of the need for a business license and the need for permit and inspection of the additions, Kevin Bauer applied for his business license (BUS 27548) and filed for an alteration building permit ALT10-0339) and so the case was CLOSED (See Attachments 6, 7, and 8) What happened? NOTHING! Once the case was closed the progress on the alteration permit ceased and was thereafter ignored by the property owner The last communication between the city and Kevin Bauer is a letter from Jeff Tate dated January 11 2011 (See Attachment 9). Kevin Bauer has continued to renew his business license for both his home and the house in Rainier Ridge (the alleged illegal rooming house). The Bauers appear to surpass the legal allowable level of subleases at their own home housing as many as four students at a time (See <http'//www n-seiryo ac ip/—nonaka/sap/111050/epage01 htm>). However, he has failed to inform the city that he now owns and rents out many more additional proper- ties in Auburn. His real estate holdings also include: 18121 ST NE Meadow Brooke Estates Auburn, WA 98002 (a 4 Plex) Parcel Number 540900-0020 1011 18TH ST NE Meadow Brooke Estates Auburn, WA 98002 (a 4 Plex) Parcel Number 540900-0090 11114 SE 320TH ST* Placed in R-5 zoning code Auburn, WA 98092 (a mobile home) Parcel Number 082105-9046 ORD.B Page 172 of 324 this last property is another suspected rooming house close to GRCC I believe his actions in not reporting his additional rental properties represents a "misrepresentation of the facts" as is stated legally as a reason for losing a business license in Auburn. Kevin Bauer has been a person uniquely positioned to take advantage of the international student population for his own personal gain. For years he was listed as a member of the Contact Advisory Board for the International Program at GRCC. See: httos'//www greenriver edu/international/hostoost/spring2012 issue019 hhn from March of last year). I realize that this is hearsay but in a recent conversation with a neighbor it was reported that Bauer had told him how lucrative it could be, renting to students. That he too should get a house and do it. The comment was that if you were not banking $2000 a month pure profit than you were not doing it right. V1013-0082 12620 SE 317th St,Auburn 98092 Lastly, I would like to include a case that has come up just recently. In trying to raise awareness of our problems I have hosted both Deputy-Mayor Nancy Backus and Jeff Tate for walks around parts of Rain- ier Ridge to show them our neighborhood and point out some of these properties that are being used illegally. When Nancy Backus came we looked through the two added side windows of a garage to ob-serve two carpeted bedrooms all hidden behind a non-functional garage door.This house was in fore- closure and unoccupied at the time. Because of her own report a new violation case was opened. The violation was posted on February 19 of this year. The house was almost immediately sold AS-IS and the violation was then the responsibility of the new owners. Plenty of work has been done on the house, replacing much of the flooring with wood, outside upkeep and maintenance has been done and now the exterior is being painted. However NOTHING has ap- parently been done with the garage rooms. There are reported to be five students living in the house. j The current homeowner has made some moves to address the matter and, in fact, filed for an inspec- tion on April 12th (See Attachment 10). This inspection request, for some unknown reason was not j logged into the case file until July 30th and on that same day Jason Arbogast CLOSED THE CASE. No inspection has been done, no renovation or demolition occurred and the rooms as observed and cited in the original Violation presumable still exist. It was only because of my own Intervention that this came to light and the case has been reopened by Jeff Tate (see Attachment 11) What questions does this all raise and what would I like to see done at this point? 1. Please reopen all the older cases cited above (VIO10-0637, V1010-0652, V1010-0773) and take a serious look at the houses, accommodations, physical use as might indicate piecemeal rentals being done to individuals not a single rental as is allowed by code.A simple request to ask the inhabitants to lift the garage door and the resultant excuses as to why that is not possible could reveal much. If this can't be done then I will come in and make out a new complaint for the same reasons as I stated three years ago. ORD.B Page 173 of 324 2. Why is there such variability and vagarity in application and time periods given for compliance to a violation? I was given 21 days to take care of my trucks(with one small extension). The violation (VI013-0082) posted on the house viewed by Deputy Mayor Backus stated that there was only 14 days for compliance but currently 6 months has passed without resolution or any real plans being discussed. Not even the requested inspection originally logged in on April 12th had been done. When the code enforcement officer, Mr.Arbogast, actually logged in the request for inspection on July 30th he also then CLOSED THE CASE, WHY? The violation posted for Mr. Bauer's house was closed when he applied for a permit that he then never bothered to pursue. It is now nearly three years since that violation was initially filed and there has been no follow-up of any kind on the alteration permit. 3. Please recognize that these cases openly flaunted the zoning codes and have occurred without any effort at correction by the City (even when specifically requested). It appears to be well known that this is a situation others can exploit because we are now seeing even more of it. One of the city's own code enforcement officers is engaged in such ownership/activity Why would it be appropriate to now suggest finding ways to make this currently prohibited use of property legal?The traffic system corol- lary would be to note that no one bothers to stop or obey a particular traffic signal, so the answer is to take it down. 4. Serious attention has to be paid to the training and knowledge of the code enforcement officers in Auburn. They either do not understand their jobs, or are too free to exercise the power of their posi- tions. Why are cases arbitrarily CLOSED when nothing has been resolved? I would have to say that my contacts with them have been nothing but punitive, insulting and aimed at ensuring that I do not speak out or ask for laws to be followed. Please protect our neighborhood and our property values, please follow the existing zoning code re- strictions and close these illegal rooming houses! R ss Campbell Rainier Ridge resident copies: Nancy Backus PCDC Committee PCDC Commission Robert Whale,Auburn Reporter Katherine Long, Seattle Times ORD.B Page 174 of 324 Case Details Case Number VIO10-0637 As of 7/9/2013 BLDG/CODE VIOLATION/NO PERMITS Case Name Opened 9!16/2010 DH Illegal interior conslrustion Closed 9122/2010 DH Officer Status Lost Action 9127/2010 DH Donald Hill CLOSED Follow Up 91278010 DH Site Address City,State Zip Site APN 12401 SE 318TH WAY AUBURN,WA 98092 7137901030 Description ADDITIONAL SITES APN Address No Additionn)Sites CHRONOLOGY ACTIONS TYPE OF ACTION ACTION DATE COMPLETION DAT ACTION BY RE-INSPEC'T'ION 987/2010 9/27/2010 Donald hill 98912010 3:50:59 PM DH)Action Created 9298010 3:51 PM DH) At the request of Rick Hopkins,Cl and 1 drove by each of the complaint properties in the area to cheek for any evidence of violation. No new evidence was i apparent. FOLLOW-UP 922/2010 9/22/2010 Donald Hill 920/2010 8:49:33 AM DH)Action Created 9/22/2010 4:35 PM DH) 1 spoke with the complainant and he confirmed the violations appear to have ceased at this time. Case will be closed. INSPECTION 9/22/2010 9/22/2010 Donald Hill 9/2212010 4:35'37 Pb[DH)Action Created I 9/2212010 4:35 PM DH) Inspection shored no signs of violation CASE CLOSED 9/22/2010 9/222010 Donald hill 9/22/2010 4:36:06 PM DH)Action Created INSPECTION 9/17/2010 9/17/2010 Donald hill 92012010 849.33 AM DI l)Action Created 9202010 8:50 AM DH) Drive by inspection shored no outside evidence of violation CASE OPENED 9/16/20;0 9/20/2010 Donald Hill 92(/2010 8:49:33 AM DH)Action Created 9202010 8:56 AM DH) Complaint at counter of multiple boarding houses with illegal interior construction, Email from complainant with description and violations suspected. CONTACTS CONTACTTYPE NANIE ADDRESS CITY STATE.'LIP PHONE FAX EMAIL li Case_Details for:V1010-0637 Page I of 2 CRWS YSTE1vI SORD.B Page 175 of 324 Case Details Case Number VI010-0652 As of 7/9/2013 Sub BCDG/CODE VIOLATION/NO PERMITS Case Name Opened 9/2212010 DH Illegal interior construction Closed 9/22/2010 DH Officer Status Lost Action 9/2212010 DH Donald Hill CLOSED Follow Up 9/22/2010 DH Site Address City,State Zip Site APN 12625 SE 317TH ST AUBURN,WA 98092 7137900540 Description ADDITIONAL SITES APN Address No Additional Sites CHRONOLOGY ACTIONS TYPE OF ACTION ACTION DATE COMPLETION DAT ACTION BY INSPECTION 9/22/2010 9222010 Donald Hill 922/2010 4:16:41 PM DH)Action Created 9222010 4.16 PM DH) Site inspection shoved no signs of violation. 927/2010 4 31 PM DID I will discuss conditions with complainant. FOLLOW-UP 9/22/2010 9/22/2010 Donald Hill 92 2/2 01 0 4:31-17 PM DH)Action Created 9222010 4:31 PM DH) Conversation svilh complainant confirmed the violations appear to have ceased. Case closed at this lime. CASECLOSED 9/222010 922/2010 Donald I fill 922/2010 4:325!PM DI I)Action Created CASE OPENED 9/162010 9/16/2010 j Donald Hill 9/22J2010 4:16-18 PM DH)Action Created i 9/22/2010 4:16 PM DH) Complaint at coroner of multiple boarding houses in neighborhood with illegal interior construction. Email from complainant with addresses and decription of violations suspected CONTACTS CONTACT TYPE NAME ADDRESS CITY STATE.ZIP PHONE FAX EMAIL OWNER LIU RI IIUI+RUN YING WU 12625 SE 317TH S AUBURN WA 98092 FEES DESCRIPTION OF FEE DATE PAID QUANTITY ANIOUNT PAID BY PAY METHOD ACCOUNT Case Details for:VIOIO-0652 Page I oft ClMSY.S7CMSORD.B Page 176 of 324 S cli tt N: t k Yt?xAYx Y el T in fSEE1 SoI aw y `? # ILIA ` t )# I )EY Y tn ( m ya } 6m.,1t >i IS yiE % Itat ytip f! 1YVjJt? aC 3 • ` J`i . { +,3as y WT3 f,j k lq ml tt zl ( frY f '. ! - i % k- fJ ' 1 yki rv _ t ORD.B Page 177 of 324 D m 0 < 0 0 = 0 uvz— ol-/-- goz ID E3 0 ,; Z-,! ug, x, ji w U) cy, to OL) nAk BUUV Or m 0 con D s m2 nAk BUUV CD SL f. qv PR g. LLP CL CL — Aq M R D qg 0" . ETVZ- 6LI- 90Z 1< f", x 0 0 0 nm euuv all § 1" 3 . 7i E. 1g, Vo ETVZ- 6LL- 90Z CD w CD M D r nm euuv O, p'r NM- Av, 777, 0 MIPZ- 61- 1-- 90Z vol" T 51 nm euuV Rif" ik Y` If UM' m MtPZ- 6, U- 90r q- 1A ' rK_,, nm euuV W, E' P4Z- 6/-/-- 90Z 41T m nm euuV OFF 1-- IMM 0 ORD.B Page 178 of 324 QUARTERLY 3 MONTH RENTAL AGREEMENT I 1. Identification of Landlord and tenant This agreement is entered into between Tenant] and Rihui Liu&Runying Wu [Landlord]. Each Tenant isjointly and severally liable for the payment of rent and performance of all other terms of this Agreement. 2. Identification of Premises Subject to the terms and conditions in this Agreement,Landlord rents one private room to Tenant,and Tenant rents one private room from Landlord for residen0al purposes only. The premises located at 11625 SE 3171^ST.,AUBURN WA 98092 together with full furnishings and appliances. 3. Limits on use and Occupancy The Premises are to be used only as a private residence for Tenants list on the above of this Agreement. Occupancy by no more than two adult for single room or three adult for shared room. 4. Term of the Tenancy The rental will begin on and continue on a quarter to quarter(3 months)basis; ending on Landlord may terminate the tenancy or modify the terms of this Agreement by giving the Tenant 30 days'written notice.Tenant may terminate the tenancy by giving the Landlord 30 days'written notice. 5. Payment of Rent a Regularrent: $500.00 each month,Form of payment of either personal check or cash. b. Payment Option: 1) Tenant pay to Landlord a quarterly rent of total$1500.00,payable on the 1"day of moving in. l 2)Tenant pay to Landlord the Is'month and the 3,d month rent,total$1000.00,payable on the 1 st day of moving in. The 2^d month rent pay in advance on the 1st day of the month. c.Prorated first month's rent: For the period from Tenant's move-In dale, through the end of the month,Tenant will pay to Landlord the prorated monthly rent of$ daily)this amount will be paid on or before the date the Tenant moves in. 6. Late Charges If Tenant fails to pay the rent in full before the end of the 5"(Fifth)day after it's due,Tenant will pay Landlord additional a late charge penalty J25.00 per day,it will be automatically deducted from deposit. 7. Absences Charge a.Short term absences-absences vnthin 30 days 1 Absences within 15 days,still consider the full monthly rent.Tenant will pay to Landlord full monthly rent. 2. Absences more than15 days,Tenant will pay to Landlord by daily.Calculation follows the above terms of Prorated first month's rent's. ORD.B Page 179 of 324 QUARTERLY 3 MONTH RENTAL AGREEMENT 2 b. Long term absences—absences more than 30 days,Tenant will pay to Landlord%:(Half)of monthly rent. 8. Returned Check and Other Bank charges If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds,a'stop payment"or any other reason,Tenant will pay Landlord a returned check charge of the amount of the Bank charge. 9. Security Deposits On signing this Agreement,Tenant will pay to Landlord the sum of$200.00 as a security deposit. Tenant may not,without Landlord's prior written consent,apply this security deposit to the last month's rent or to any other sum due under this Agreement. Within 14 days(2 weeks)after Tenant has vacated the premises,returned keys, and provided Landlord with a forwarding address,Landlord wIl return the deposit in full or give Tenant an itemized written statement of the reasons for,and the dollar amount of, any of the security deposit retained by Landlord,along with a check for any deposit balance. 10. Utilities Landlord will pay all utility charges included,water,garbage,cable wireless internet. Landlord will pay total$350.00 each month for the whole house electric bill For those exceed amount of the month It will be prorated by Tenants who is living in the house. 11. Assignment and Subletting Tenant will not sublet any part of the premises or assign this Agreement without the prior written consent of Landlord. 12, Tenant's Maintenance Responsibilities Tenant will: (1)keep the premises clean,sanitary,and in good condition and,upon termination of the tenancy,return the premises to Landlord in a condition identical to that which existed when Tenant look occupancy,except for ordinary wear and tear; If (2)immediately nobly Landlord of any defects or dangerous conditions in and about the premises of which Tenant becomes aware;and (3)reimburse Landlord,on demand by Landlord,for the cost of any repairs to the premises damaged by Tenant or Tenant's guests or business invitees through misuse or neglect.Tenant has examined the premises,including appliances,fixtures,carpels,drapes,and paint,and has found them to be in good,safe and clean condition and repair,except as noted in the Landlord-Tenant Checklist. 13. Repairs and Alterations by Tenant a. Except as provided by law,or as authonzed by the prior written consent of Landlord,Tenant will not make any repairs or alterations to the premises,including nailing holes in the walls or painting the rental unit. b. Tenant will not,without Landlord's prior written consent,alter,rekey,or install any locks to the premises or install or alter any burglar alarm system. Tenant unit provide Landlord with a key or keys capable of unlocking ail such rekeyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system. 2 - ORD.B Page 180 of 324 QUARTERLY 3 MONTH RENTAL AGREEMENT 3 14. Violating Laws and Causing Disturbances Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees vriil not use the premises or adjacent areas in such a way as to:(1)violate any law or ordinance,including laws prohibiting the use,possession,or sale of illegal drugs 2)commit waste(severe properly damage);or(3)create a nuisance by annoying,disturbing,inconveniencing,or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident. Landlord keeps the right to terminate the tenancy and evict if Tenant who receive more than 3 times of complain by another tenants. 15. Pets. NO animal bird or other pet will be kept on the premises even temporarily. 16. Landlord's Right to Access Landlord or Landlord's agents may enter the premises in the event of an emergency,to make repairs or improvements,or to show the premises to prospective buyers or tenants. Landlord may also enter the premises to conduct an annual inspection to check for safety of maintenance problems. Except in case of emergency,Tenant's abandonment of the premises,court order,or where it is impractical to do so,Landlord shall give Tenant 24 hours notice before entering. 17. Extended Absences by tenant Tenant will notify Landlord in advance if Tenant will be away from the premises for 10 or 14days or more consecutive days. During such absence,Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs. 18. Possession of the Premises a. Tenant's failure to take possession. If,after signing this Agreement,Tenant fails to take possession of the premises,Tenant unit still be responsible for paying rent and complying with all other terms of this Agreement. b. Landlord's failure fo deliverpossession. If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control,including,but not limited to,partial or complete destruction of the premises,Tenant will have the right to terminate this Agreement upon proper notice as required by law. IN such event,Landlord's liability to tenant will be limited to the return of all sums previously paid by Tenant to Landlord. 19. Tenant Rules and Regulations Tenant acknowledges receipt of,and has read a copy of,tenant rules and regulations,which are attached to and incorporated into this Agreement by this reference. (Tenant Rules and Regulations list attached) 20. Payment of Court Costs and Attorney Fees in a Lawsuit In any action or legal proceeding to enforce any part of this Agreement,the prevailing party SHALL NOT recover reasonable attorney fees and court costs. 3 - ORD.B Page 181 of 324 QUARTERLY 3 MONTH RENTAL AGREEMENT 4 21. Validity of Each Part If any portion of this Agreement is held to be invalid,its invalidity will not affect the validity or enforceability of any other provision of this Agreement. 22. Grounds for Terminations of Tenancy a. The failure of Tenant or Tenant's guests or invitees to comply with any term of this Agreement,or the misrepresentation of any material fact on Tenant's rental application,is grounds for termination of the tenancy,with appropriate notice to Tenant and procedures as required by law. b. Landlord keeps the fight to terminate the tenancy and evict if Tenant made false statements on a rental application concerning an important fact. c. Landlord keeps the right to terminate the tenancy and evict if Tenant fails to pay the rent. 23. Entire Agreement This document constitutes the entire Agreement between the parties, and no promises or representations,other than those contained here and those implied by law,have been made by Landlord or tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant. I 24. Additional Provisions a. Tenant MUST NOT SMOKE inside the house. j b. Party is not allow to be held in the house without Landlord's prior consent. c. Guests or invitees must not allow stay overnight in the house without Landlord's prior consent,any finds$50.00 per night will be charged to Tenant. d. This is quarter to quarter(3 months)agreement basis,if tenant wish to determinate before the end of 3"month or vacate the premises without any advance notice and prior written consent of Landlord,the$200.00 deposit will be forfeited. e. Tenant shall promptly return all keys to Landlord and completely move and vacate the premises in a clean condition and free of any and all damages. If Tenant fails to clean,$50.00 cleaning service fee will be deducted from deposit. Rihuf LIU/Runying WU [Landlord] Date 12625 SE 317TH ST,AUBURN WA 98092 Tenant j Date Phone No. ID No. 4- ORD.B Page 182 of 324 7/3/2013 City of Auburn Page 1 Case Activity History CLERKS OFFICE, Case Number VI010-0773 Opened 11/30/2010 DH Case Name Remodel w/out permit Closed 1/202011 DH Type BLDG CODE VIOLATION Last Action 112012011 DH Subtype NO PERMITS Follow Up 1202011 DH Status CLOSED Description: Site Address City State Zip Site APN 12437 SE 318TH WAY AUBURN WA 98092 7137900970 Owner BAUER KEVIN+NOZOMI Resident Address 12437 SE 318TH WAY AUBURN WA 98092 Action Date Completion Date Action Type Action By/ Action Description _ 1/20/2011 120/2011 CASE CLOSED Donald Hill 1/20/20112:40:45 PM DH)Action Created 1/20/20112:41 PM Dlf) Building pennit ALTIO-0339 application filed. Business license BUS 27548 filed. Case closed. 1227/2010 12/27/2010 OTHER Donald Hill 12/27/2010 9:35:13 AM DH)Action Created 12272010 9:35 AM DH) Research found PO applied for a permit ALT10.0339 12/32010 12/32010 RESPONSE RECEIVED Donald Hill 12/10/2010 8:03:06 AM DH)Action Created 12/102010 8:04 AM DH) I spoke with Keven Bauer and explained the concerns. He stated there was only 1 single family living in the house. He did acknowledge that the garage has been converted to rooms,but said they were not bedrooms. He stated that he would be in begining of next week to apply for his business license and building permit 12/1/2010 12/12010 FOLLOW-UP Donald Hill 1711/20 1 0 10:58:23 AM DH)Action Created 12/1/2010 10:58 AM DID I left a message with the PO phone number(obtained Gom Utility Records). 11/30/2010 11/302010 FOLLOW-UP Donald Hill I U30/2010 9:06:11 AM DH)Actiuu Created I U30/2010 9:06 AM DH) Records search w/King County found no permit records for remodel. CODF. ENFORCEMENT ACTIVITIES CjAtt U4 CnseH: VI010-0773 Report By: Dam Daskam Assigned Officer. Donald HillORD.B Page 183 of 324 Action Date_Completion Date Action Type Action By/ Action Description 11/29/2010 11/29/2010 CASE OPENED Donald Hill I 1/3012010 9:04:41 AM DH)Action Created 11/30/2010 9:05 AM DH) Email received from Russ Campbell. He took several photographs of the property including the garage rooms. 1 forwarded the email to Rick Hopkins and responded to Mr.Campbell that I would investigate the p[opert3 CODE ENFORCEMENT_ACTIVITIES CRWSY5-fE/0S Caseg: V1010-0773 Report By: Dam Daskam Assigned Officer: Donald Hill ORD.B Page 184 of 324 easiness Llcens : 5BUSINESSLICENSEFORRENTALHOUSINGFEES ju'nllo.:$ 603>IPO te uon cumulative number of units at all locations. CITYOF, -.mod' sY w 1 6-24 units:$106.00 25+units:$212.00 PLEASE RETURN TO: xpire June 30. Renewal notices are mailed in Permit Center WASHINGTON May. Business licenses are not pro-rated and are non- 25 West Main Street transferable. If you discontinue your rental activity in Auburn,WA 98001 Auburn, please notify the Permit Center at(253)931-3020. Phone: (253)031-3020 Fax: 253 804-3114 APPLICATION FOR BUSINESS LICENSE FOR RENTAL HOUSING (ORDINANCE NO. 5882) LICENSEE MAILING ADDRESS Phone: Z'? ' 3 •7` All Information related to this license will be sent to this address)fax: Name: I/ i r 2)G1 1A Q'- ---- - - - - - --- -- e-mall.-- ------' Title: nAddress: 3 E US J. /tV- S/_ Suite: City, State: A tA 6 U n.—.lA/ _ G`(Z Zip' --- WEB SITE if applicable): LEGAL STATUS: Sole Proprietor Individual Corporation LLC D Partnership Other COMPLETE THIS SECTION FOR ALL OWNERS,AGENTS,PARTNERS OR CORPORATE OFFICERS,EVEN IF LISTED ABOVE attach separate page if necessary 1)Name: Ke-JI Title: Ojyrl@ 1Her- Sd Home Address: City/State/Zip: Home Phone: 3 6Z llSf Ave- s._ 6u--, w y Date of Birth: PI ce of Birth: Dri tt's License M WA t U Z`a s 2)Name: N`r Title: Own Home Address: dJ City/State/Zip: Home Phone: 3/62v JIS / ve 5 Nb t iS 1Z ZS i80`( Date U7o/ B7 7u PeL-f3iR,IAp/{ Driv s},icyrtse ^' Z, lnlo MANAGER/AGENTIEMERGOEhNC'yYCC ONTACT: Title: }- 1/ /v Business Phone: Home Address: City/State/Zip: Home Phone: Date of Birth: Place of Birth: Drivers License M: FOR OFFICE USE ONLY: A Prior License q Date Received: TR# (\ Issue Date: SIC Code C A 0 rOFiy N ORD.B Page 185 of 324 clrr of Building Division 25ATTBTr] Au Wes,Main Street V lJ 1 l I Auburn,WA 98001 For Staff Use Only WASHINGTON 253)931-3020 Application No Atf lU 0 c) Residential Permit Application Permit Typo (circle): New Addition Alteration Demolition Value or Construction S - ProjectSiteAddress: IZys7 5-4 31641'` Parcel Vre ulredJ Legal Description: Ur Do Propert net Address: PIt oneNo'7 3 -2r I C' t.r2r 36'zo 115k, !{vim SE S r e lam!} i 86 lZ o Project A plicant: Project Contact Yes No Email. G M (AZ"' Address. Phone Contractor: Phone No Address --- State Contractors License# Auburn Business License N i Architect: Project Contact Yes No Phone No Add Emaress. r.__11 i Engineer: Phone No.. l Address: Email. i D J ascription of Work: r4 O,S-Q / o a o I Vacant Site Yes/NO Basement sq fl Garage_ sq fl Mobile Home(Yes/No) 1°'Floor, sq R Covered Deck sq it Number of Units 2n° Floor sq it Covered Porch sq it Parking Provided i Total sq If Uncov'd Deck sq it Number of bedrooms Plumbing (please indicate thr,number of new or relocated fixtures) Bathtub -Toilet .__ Water Service -- Shower/Tub Combo Hot Water Tank size of pipe_inches) Clothes Washer KitchenlBathlLaundry Sink s Dishwasher Modular Building Connection Total Number of Fixluros___ Hose Bibb Other Mechanical (please indicate the number of new or relocated appliances) Air Conditioner/Heat Pump Gas Cook Top Other Fans-Stationary,incl whole house __Gas Dryer Wall Heater Fireplace Insert Gas Piping(#of outlets) Vents/Single Ducts Furnace< 100,000 BTUs Gas StoverRange Water Healer Total Number of Fixtures__ _ 1 certify the Information furnished by me is true and correct and that I am the owner of the subject properly or I have been given expresspermissionbytheownerofthesubjectproperty, to submit this application for permit. 1 will comply with all provisions of law.code and ordinances governing this type of construction work,including stale contractor registration lawsApplicationexpires180daysafterDateSubmitted OwnerlAgent Date H:iPermitCenter\,%pplicationslRBSI DLN'Fi At.PliRnt l FA PI'I.WA"I'ION DOC T 11 12,200N ORD.B Page 186 of 324 9 XUBURN F Peter B. Lewis, Mayor WASH 1WASHINGTON 25 West Main Street * Auburn WA 98001.4998 * www.aUbUrnwa.gov * 263-931.3000 January 11, 2011 Kevin Bauer 12437 SE 3181h Way Auburn,WA 98092 Re: Permit No. ALTi"339—Bauer conversion of garage to living space To Whom it May Concem: This is to advise ou that the permit application for parcel#7137900970, with a site address of 12437 SE 318 Way, has been reviewed by the City of Auburn Permit Center These reviews have identified additional information, clarification and/or corrections needed to complete our review. DEPARTMENT COMMENTS Building Division Comments This report is provided as information only, and Includes the items that have been Identified as deficiencies or needing to be addressed during the plan review. It is not intended to be an all-inclusive list of code requirements that may be applicable or required to construct this project. Please note that not all items or issues may have been Identified or discerned during the plan review process. If any item or Issues are discovered or Identified during construction or at the time of field inspections these will need to be addressed and corrections made so that code compliance is achieved. Please contact the Building Inspector before deviating from approved plans or proceeding with any changes in construction. This plan review is based on submitted construction documents and Information provided with the application. Requirements of the 2009 edition building codes were used as the basis for the plan review. Based on the correction items, revised drawings are required. Please provide corrections for the items listed below. 1. Indicate on the plans the direction of the roof rafters or trusses. This will help us to determine the correct sizes for the headers. 2. What is the size of the combustion air vents for the water heater and heater? 3. How was the washer hooked up to the existing plumbing? 4. Where does the dryer vent exhaust to? How long is it? 5. What rooms or buiiding(s) are adjacent to this construction area? 6. The Washington State Energy Code requires that the exterior walls have a minimum insulation value of R-21. Please indicate on the plans how the additional insulation will be Installed. Please provide a detail to illustrate this. 7. What is the V'value of the window glazing? 8. Please provide a separate plan showing what was existing prior to the conversion. AUBURN * MORE THAN YOU IMAGINED ORD.B Page 187 of 324 Buaer—ALT10.0339 January 11,2011 Page 2 9. You have indicated on the plans that the wails have R-13 Insulation installed in them. The Washington State Energy Code requires that these walls have a minimum of R-21 and the ceilings are required to have a minimum of R-38. One option that you can look into-if the insulation values are not what they should be go to an insulation contractor or the WSU Energy Code program and do a performance calculation. This will allow you the opportunity to do trade-offs. 10.Also note that all headers are required to be sandwiched around R-10 ridged insulation. Please note this on the plans. 11. Indicate on the plans the size and location of the required combustion air vent(IRC G- 2407). Please contact Rick Hopkins, Building Official, at(253) 804-3121 or by e-mail at rhopkins @auburnwa.gov for questions related to Building Division comments. Conclusion These comments are only related to the listed permit application. Other approvals may need to be secured in advance to complete the proposal. Please resubmit two sets of the requested information in a single submittal that properly references your application (Permit No. ALT10-0339). Re-submittals should be delivered to the Permit Center located on the second floor of the One Main Street Building across from the City Hall or mailed to Permit Center, 25 W. Main Street, Auburn,WA 98001 The re-submittal must be accompanied by a completed Re-submittal Form. The form is available from the Permit Center or from the city website at the following address: http./Avww.auburnwa.gov/AssetslPCD/AuburnWA/Docs/CorrectionsRevisions.pdf. I If you have any questions regarding the City's process or your specific application request, please contact the appropriate department contact above. Sinc ely, J D veiopment Services Manager Planning & Development Department JTrtk CORR11-0044 ORD.B Page 188 of 324 Form last cngv or[` y7 7 q yg TI.ONItEQTJ SI' updateder l i J 17 J R V d.... ..n 4 1" t September 24,2011 WASHINGTON Web a e&Email: Phone and Fax: Phystcal Address: Mailing Address:P 9 Auburn City Hall Annex,2'4 Floor 25 West Main§ 6te UI-FlIJi illl J mmy aubumwa nov Phone: 253.9313090 1 East Main Street Auburn,WA 9ADd3M,901 CE'.411-1 oermucenternouburmve oov Fax: 253.8043114 CONTACT INFORMATION REFERENCE 011`0[a- Name:IJgJJ.(t.LDOA 26a t I(r-1(Telep/hone Number: mail; Gi.• r 99' PROPERTY INFORMATION ZIP Q i Job site address: GYP. Lot N Subdivision Name(if applicable): Parcel H I Unit# I For Condominiums-Building Name: I DESCRIPTION AREAS TO BE INSPECTED Generally describe lite location of the damage within tho structure(list each room slid the walls/ceiling/floors that were damaged): Roost I: 4IP` 1 Room 2: Room 3: Room 4: INSPECTION RESULTS-THIS SECTION TO BE FILLED OUT BY THE CITY BUILDING INSPECTOR Date of Inspection:Inspector: I Structural. Describe: Interior. Describe: Mechanical System. Describe: Plumbing System. Describe: Permits Needed: U Building Plumbing 11 Mechanical Demolition Other ORD.B Page 189 of 324 8/812013 City ofAuburn Page 1 Case Activity Historry, CLERKS OFFICE Case Number VI013-0082 Opened 2/1912013 JAS Case Name Garage conversion Closed Type BLDG CODE VIOLATION Last Action 8/6/2013 IT Subtype NO PERMITS Follow Up 8/6/2013 JT Status CLOSED Description: Site Address City State Zip Site APN 12620 SE 317TH ST AUBURN WA 98092 7137900460 Owner L'AMOUREUX DEBORAH J+DALE E Resident Address 36306 25TH AVE S FEDERAL WAY WA 98003 Action Date Completion Date Action Type Action By/ Action Description 8/6/2013 8/6/2013 CASE OPENED Jeff Tate 8/6/2013 4:29:09 PM JT)Action Created 8/6/2013 4:32 PM JT) Russ Campbell came into the office after receiving the public disclosure materials. He showed me that this case had been closed and that the notes indicated that the reason it was closed was because a permit had been issued. After looking at the record I noticed that the only action that had been taken was for the landowner to receive an inspection(INS 13-0004). An INS is a courtesy inspection to help the scope the types of permits that are required to correct a violation. Since no permits have been applied for or issued I have reopened the case. The case is not to be closed until a final inspection on a building or demolition permit has been performed and approved:..........._-_-----_--__--_...... 7/30/2013 7/30/2013 CASE CLOSED Jason Arbogast 7/30/2013 11:14:37 AM JAS)Action Created 7/30/2013 11:15 AM JAS) - - Permit issued. 2/19/2013 2/19/2013 NOTICE TO CORRECT Jason Arbogast 2/19/2013 8:01:56 AM JAS)Action Created 2/19/2013 8:11 AM JAS) NTC sent first class,cert and posted to property. 2/19/2013 2/19/2013 CASE OPENED Jason Arbogast CODE ENFORCEMENT ACTIVITIES rl rM SYSTEMS Casefl: VI013.0082 Report By: Dani Daskam Assigned Officer: Iason Arbogast ORD.B Page 190 of 324 Exhibit 8 StudenURental Housing Matrix of Jurisdictions'Regulations August 20,2013 Planning Commission Public Hearing Jurisdiction How Address Rental and Student Housing Proposed to be Incorporated into Auburn's Amendments Saint Paul,Minnesota Established a moratorium while the issue was studied Utilizing the 4 or less unrelated persons Created a student housing overlay district limits a student Considering a registration and establishment period for existing dwelling to be at least 150 feet from another student dwelling rentals located on a different lot Define student dwellings as a one or two family dwelling in which at least one(1)unit is occupied by three(3)or four(4)students. property which exceeds occupancy limits at the time the article was adopted are ineligible for registration and establishment as an existing student dwelling during the registration and establishment period. Created an 18 month registration and establishment period for existing student dwellings to register within 120 days of the effective date of the code being adopted Newark,New Jersey Defined student home and limited where they could be located • Proposing that communal residences must have rental business by prohibiting them in certain subdivisions/streets license Student home must have a rental permit Landlord responsible that tenants comply with code provisions— Landlord ensure that tenants comply with applicable noise and will be part of the rental business license other code provisions Landlord responsible for occupancy limits—Staff proposing 4 or Landlord is responsible for compliance with the occupancy limits less permitted outright;more than 4 a conditional use pem it which is 3 students in a home process required wrath public hearing before the Hearing Student home shall be located on a lot which is no closer to Examiner another lawfully established student home than a distance determined by multiplying times 10 the required lot width for a single family detached dwelling in the zone in which the lot is located(example 50 foot lot width x 10=150 feet separation) The code section also establishes existing rental units that have a valid rental permit are considered a student home Public Outreach The City of Newark and the University of Delaware jointly have a website that provides a guide for owners and occupants of single-family type rental housing. Effort is called Town&Gown,committee consists of City of Newark offictals/staff and University of Delaware staff. Committees charge is established in Newark's code. htt //www.udel edu/towngown/index html Town of Hamden Requires landlord to obtain a Student Housing Permit—includes Expanding the rental business license requirements to include notice to adjacent property owners and information for tenants Requires that the unit meet building codes and fire codes No exterior changes to the building unless required for compliance with building or fire code Meet parking requirement of one off-street parking space per student with at least two spaces per dwelling unit having unimpeded access ORD.B Page 191 of 324 Exhibit 8 No packing in the required front or side yard that is unpaved Landlord must provide trash and recycling bins and posting instructions regarding the pick-up schedules Submission of floor plans and any proposed modifications Providing a 24-hour contact person in the state to resolve complaintsMaximumof 4 students per dwelling unit providing compliance vnth the building code for minimum square footage Boston Extensive website oath information specifically outlined for: Incorporate elements from City of Boston's website into Auburn's Landlords websde update when we implement the program Tenants—speck information for students Frequently Asked Questions Good Neighbor Handbook Into city0ftboston ov/dnd/bncc/ Tacoma Definition of Student Housing but it is housing specifically associated wch the college/institution. The Student Housing is owned and operated by the college/institution. Student Housing could be dormitories, sororNes,or fraternities. No definition of rental housing Definition of family allows up to 6 unrelated individuals to live together Des Moines,WA Looked at Des Moines because of Highline Community College No specific definition for student housing or rental housing Definition of family allows up to 5 unrelated individuals to live together ORD.B Page 192 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6478 Date: August 27, 2013 Department: Planning and Development Attachments: Ord 6478 Planning Commission Public Hearing Packet Budget Impact: $0 Administrative Recommendation: City Council to adopt Ordinance No. 6478 Background Summary: Recent inquiries from private developers have raised questions about the market viability of meeting the mixed-use standards required for the C-1, Light Commercial zone. In particular, concerns have been raised over the required 50% of the cumulative ground floor space for a development with 2 or more buildings be dedicated to commercial retail, entertainment, of office uses. A joint meeting was held between the Planning and Community Development Committee (PCDC) and the Planning Commission on August 12, 2013 where the broad policy proposal was presented and discussed. Staff took the feedback provided and prepared draft code amendments that were presented at the August 20, 2013 public hearing before the Planning Commission. Public testimony was provided and the Planning Commission recommended approval of the proposed amendments as presented by staff. At the August 26, 2013 PCDC meeting, the Committee reviewed the proposed code amendments and recommended approval of Ordinance No. 6478 to the full City Council. Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal, Planning Commission Councilmember:Backus Staff:Welch Meeting Date:September 3, 2013 Item Number:ORD.C AUBURN * MORE THAN YOU IMAGINEDORD.C Page 193 of 324 ORDINANCE NO. 6 4 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 18 57.030 OF THE AUBURN CITY CODE RELATED TO THE C-1 LIGHT COMMERCIAL ZONE AND MIXED-USE DEVELOPMENT STANDARDS WHEREAS, the marketability of mixed-use development is still struggling from the recession, and WHEREAS, the City of Auburn wishes to balance multi-family development, in commercial zones, with some requirement for commercial development; and WHEREAS, portions of the C-1 Light Commercial zone are within the City's identified economic development strategies area and requiring mixed-use development within the C-1 zone supports the City's goal of accommodating a certain amount of housing units and employment growth, and WHEREAS, following proper public notice, the Planning Commission considered the proposed code amendments at a public hearing on August 20, 2013, and WHEREAS, the Planning and Community Development Committee reviewed the Planning Commission's recommendation at their August 26, 2013 meeting; and WHEREAS, the environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Ordinance No 6478 August 28, 2013 Page 1 of 7 ORD.C Page 194 of 324 Act (SEPA) with a final Determination of Non-significance (DNS) issued August 5, 2013, and WHEREAS, pursuant to RCW 36 70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required with expedited review requested and acknowledgment received on August 26, 2013, and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies, and WHEREAS, the Auburn City Council finds that the proposed amendments provide clarification to the subdivision title and comply with recent changes to state law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows. Section 1. Amendment to City Code. That section 18.04 330 of the Auburn City Code be and the same hereby is amended to read as follows. Section 18.57.030 Residential. A. Multiple-Family Dwellings as Part of a Mixed-Use Development. 1. C-1 Zone Multiple-family dwelling as part of a mixed-use development is allowed, provided, that compliance to all of the following is demonstrated: a. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixed-use development; b Applications for mixed-use development inclusive of multiple-family residential dwellings shall include transportation and traffic analyses appropriate to the type and scale of the proposed development based Ordinance No 6478 August 28, 2013 Page 2 of 7 ORD.C Page 195 of 324 on the concurrent determination of the planning director and city engineer The planning director and city engineer may require the analysis to address, including, but not limited to, a.m. or p.m. traffic impacts, and/or area circulation planning for motorized and nonmotorized modes of travel and connectivity; and/or transportation demand management (TDM) strategies, c. Applications for the mixed-use development inclusive of multifamily residential dwellings shall include written and plan information demonstrating compliance to applicable design standards for mixed- use development contained in the city of Auburn multifamily and mixed-use design standards, d Applications for the mixed-use development inclusive of multifamily residential dwellings shall comply, as applicable, with the neighborhood review meeting requirements of ACC 18 02.130 Neighborhood review meeting); e Mixed-use development comprised of a maximum of one building on a development site shall have the PRtirp 50 percent of the ground floor comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally; provided, that uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor, except that non-street frontage vehicle garages located on the ground floor together with all other normal and incidental uses shall occupy a maximum of 50 percent of the ground floor space, orand f.Mixed-use development that is geographically distributed on a development site amongst two oF MOM buildings shall have a minimum of 2559 percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionallyor. g. Mixed-use development that has more than two buildings shall have a minimum percentage of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally as follows. 1. For 3 buildings 20 percent of the cumulative building ground floor square footage. 2. For 4 buildings, 15 percent of the cumulative building ground floor square footage. 3. For 5 or more buildings 10 percent of the cumulative building ground floor square footage. h. A project proponent may select to set aside a non-residential building pad(s), meeting the percentage requirements above, for future development provided that the site plan for the development must Ordinance No. 6478 August 28, 2013 Page 3 of 7 ORD.C Page 196 of 324 identify the general location for the building(s), associated parking areas, drive aisles, landscaping areas and utility locations. During the interim period that the non-residential site(s) remains undeveloped, it must be maintained as a landscaped area meeting the requirements of ACC 18.50. 2. C-2 Zone. Multiple-family dwellings are permitted as part of a mixed-use development provided they are: a. Located in a multi-story building the ground floor of which must contain a permitted use listed in Table 18.23 030, "Permitted, Administrative, Conditional and Prohibited Uses by Zone." No density limitations shall apply 3 C-3 Zone Multiple-family dwellings are permitted as part of a mixed-use development provided 1,200 square feet of lot area is provided for each dwelling unit. 4 C-4 Zone Multiple-family dwellings are permitted provided they are a. Located in a multi-story building and the ground floor must contain a permitted use or combination of uses, other than parking facility b An exception to this ground floor commercial requirement is allowed for uses accessory to the upper story residential at a rate of 1,500 square feet of area per upper story of residential. The ground floor areas accessory to the upper story residential may include, but are not limited to, entry space, lobby, hallway, mail areas The 1,500 square feet of upper floor area does not include exiting required to meet applicable building and fire codes. 5 M-1 Zone Multiple-family dwellings are permitted as part of a mixed-use development, provided they are a. Located in a multi-story building the ground floor of which must contain one of the retail or service uses listed in Table 18.23 030, "Permitted, Administrative, Conditional and Prohibited Uses by Zone." The ground floor may contain entrance and lobby areas which serve the dwellings. B Multiple-Family Dwellings, Stand-Alone 1 C-3 Zone Multiple-family dwellings are permitted provided a. One thousand two hundred square feet of lot area is provided for each dwelling unit, and b The multiple-family development is arranged in the following manner based on its orientation to a public roadway (Scenarios 1 —4). Ordinance No 6478 August 28, 2013 Page 4 of 7 ORD.C Page 197 of 324 AUUUMA VAY H AUBURUVAYS AST SE VEST VALLEY MW.15 ST NNW CST SW C C/MF FFMIF When oriented along the roadways listed above. Scenario 1: Vertical mixed-use (street level cornmerraal. multifamily above) development required; or Scenario 2: Horizontal mixed-use (commercial use along frontage,multifamily alongthe rear) required. AUBW?J VAY 14 AU91RR VAT S AST SE V,EST VALLEY MVW-15 ST MUM C ST SW CiMF Legend C=Commercial MF MF -Multi-family When oriented along the roadways listed above Scenario 3: Landlocked property Property to the rear can be stand-alone multifamily Ordinance No. 6478 August 28, 2013 Page 5 of 7 ORD.C Page 198 of 324 to nor A rto6alh Nan-Rncdlectom ___________________ I ST NE,d`"ST SE,e.g MF Legend C =Commercial M =Multi-family When oriented along other minor arterials and nonresidential collectors. Scenario 4: Properties along streets that are less attractive to commercial uses,such as I St NE, stand-alone multifamily can be permitted. 2. EP Zone Multiple-family dwellings are permitted provided a. The multiple-family development incorporates sustainable design and green building practices and qualifies to be built green certified. (Ord 6435 § 1, 2012.) 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. 6478 August 28, 2013 Page 6 of 7 ORD.C Page 199 of 324 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 7AM Daniel B Hei , ity Attorney Published Ordinance No. 6478 August 28, 2013 Page 7 of 7 ORD.C Page 200 of 324 CITTYTOF- Zoning Code Text Amendment WASHINGTON ZOA13-0005 Staff Report to the Planning Commission I. BACKGROUND AND GENERAL INFORMATION: Recent inquiries from private developers have raised questions about the market viability of meeting the mixed-use standards required for the C-1, Light Commercial zone. In particular, concerns have been raised over the required 50% of the cumulative ground floor space for a development with 2 or more buildings be dedicated to commercial retail, entertainment, of office uses. This staff report outlines the proposed amendments related to mixed-use development within the C-1, Light Commercial zone. ll. SEPA STATUS: Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review The City issued a Determination of Non-Significance August 5, 2013. The comment period ends August 19, 2013 and the appeal period ends on September 3, 2013 III. FINDINGS OF FACT: 1 In general, the intent of the proposed zoning code amendments is to amend what amount of commercial is required for multi-family development within the C-1, Light Commercial zone. 2. The process for zoning code text amendments is described in ACC Chapter 18.68: 18.68.020 Initiation of amendments. B. Text. 1 The city council, or planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission; 2. The planning commission may upon its awn motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. C. For the purposes of this chapter, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: Substantive" matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and "procedural' or "administrative" matters are those that relate to the process of how Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 1 ORD.C Page 201 of 324 an application to take such action must be pursued (e g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, "procedural' or"administrative" matters are the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996, Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987 ) 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. C. City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 ) 18.68.040 Public hearing notice requirements. A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. 3. The proposed code amendments are supported by the City of Auburn Comprehensive Plan as Identified in the conclusion section of this staff report. 4 Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review The City issued a Determination of Non- Significance August 5, 2013 The comment period ends August 19, 2013 and the appeal period ends on September 3, 2013 As of the writing of this report, no comments have been received. 5. Pursuant to RCW 36.70A.106, the proposed code amendments outlined in this staff report were sent to the Washington State Department of Commerce and other state agencies as required for the 60-day state review required for modification of development regulations. The amendments were sent on August 5, 2013 and expedited review was requested under RCW 36.70A.106(3)(b). The Department of Commerce acknowledged receipt on August 7, 2013. Expedited review has not been granted as of the writing of this staff report. If the expedited review request is denied then the standard 60-days applies from the submittal date of August 5, 2013. 6. Staff presented the proposed code amendment approach to the Planning Commission and Planning and Community Development Committee at a joint meeting held on August 12, 2013 for review and discussion. Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 2 ORD.C Page 202 of 324 7 The public hearing notice was published on August 8, 2013 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for August 20, 2013. The public hearing notice was also posted at the City's Annex Building at One East Main Street and on the City's website. 8. The following conclusions support the proposed amendment to Title 18, Zoning, scheduled for the Planning Commission's August 20, 2013 public hearing with a staff recommendation. IV. CONCLUSIONS: 1 Pursuant to ACC Section 18.68.020, amendments of Title 18 require a public hearing before the Planning Commission with a public hearing notice published at least 10-days prior to the public hearing date. Staff Analysis: The public hearing notice was published in the Seattle Times on August 8, 2013 which is at least 10-days prior to the Planning Commission public hearing scheduled for August 20, 2013. The public hearing notice was also posted at the City's Annex Building at One East Main Street and on the City's website. 2. These code amendments are supported by the City of Auburn's Comprehensive Plan as follows: LU-57: Mixed-use developments with both commercial and residential components are encouraged in Light Commercial centers. These developments should include primarily retail stores and offices designed to provide convenient shopping and other services for nearby residents. Industrial and heavy commercial uses should be excluded Objective 9.3: To encourage the appropriate use of areas adjacent to heavily traveled arterials while minimizing land use and traffic conflicts by- 1. Managing the continued commercial development of existing commercial arterials in a manner which minimizes traffic and land use conflicts. 2. Conserving residential qualities along heavily traveled arterials which are not yet commercialized, by restricting commercial development to types which provide an appropriate buffer 3. Protecting existing, viable residential areas along lesser-traveled arterials, from commercial development. 4 Concentrate population and employment growth within the eight key economic development strategy areas within the City identified as follows: Auburn Way North Corridor Auburn Way South Corridor Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 3 ORD.C Page 203 of 324 Urban Center Auburn Environmental Park and Green Zone 15`h Street SW/C Street SW/West Valley Highway/Supermall A Street SE Corridor SE 312'" Street/124'h Avenue SE Corridor M Street SE between Auburn Way North and Auburn Way South. LU-58: The City has identified those existing commercial arterials that are appropriate for continued commercial development and employment growth as well as a concentration of population growth. These areas are identified as the eight economic development strategy areas as identified under Objective 9.3 Sub-area plans for these strategy areas should be developed. ED-10: The City should develop a formal economic development strategy as an element of the Comprehensive Plan to specifically identify the types of businesses most consistent with community aspirations and lay out a program to attract those businesses. a. The City should work cooperatively with other governmental agencies in its economic development efforts, including the Muckleshoot Tribe, King County, Pierce County, the Port and the State. b. The City should implement its economic development strategy through a partnership with the private sector. c. Identified in the 2005 Economic Development Strategies documents are six strategy areas along with two additional strategy areas. These economic development strategy areas are targeted for population and employment growth to meet the City's 20-year (2031) growth target. Sub-area plans should be developed for these strategy areas. The economic development strategy areas are as follows: Auburn Way North Corridor Auburn Way South Corridor Urban Center Auburn Environmental Park and Green Zone 15'h Street SW/C Street SW/West Valley Highway/Supermall A Street SE Corridor SE 312'h Street/124`h Avenue SE Corridor M Street SE between Auburn Way North and Auburn South ED-15: Implement the recommendations of the City's 2005 Economic Development Strategies brochure including the addition of the SE 312`h Street/124'h Avenue SE corridor and M Street SE between Auburn Way North and Auburn Way South. The City's 20-year housing and employment growth shall be concentrated to these economic development strategy areas. Problems related to Existing Uses— Lea Hill Area: Area: Area annexed on January 1, 2008. Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 4 ORD.C Page 204 of 324 Problem: The City has been concerned for years that the rapid growth taking place within the Lea Hill PAA will overwhelm city streets. Through annexation the City can better manage the amount and type of growth in this area and help ensure that appropriate infrastructure to support development is provided concurrent with that development. The Auburn City Council envisions retaining the predominantly single-family character of the Lea Hill area rather than allow the trend of rapidly developing multi-family projects to continue. The City's codes will help ensure that the neighborhood character, traffic and environmentally sensitive features are protected and/or managed. Staff Analysis: The proposed code amendments recognize the market sensitivity surrounding mixed- use development while maintaining the City's goal of having the SE 312th/124s°corridor, Auburn Way South, A Street SE Corridor, and Urban Center Extended districts be economic development strategy areas that supports both residential and commercial development. Auburn has identified eight economic development strategy areas throughout the City with the goal of concentrating population and employment growth within these strategy areas and C-1, Light Commercial zoning currently exists in four of the strategy areas. Over the next twenty years, Auburn will need to plan for approximately 9,600 new housing units and 19,000 jobs (starting year is 2006). The proposed code amendments allow for multifamily development within the C-1, Light Commercial zone while requiring some commercial be incorporated into a project meeting the goal of accommodating the City's future housing and job growth. To address the C-1, Light Commercial zone, specifically on Lea Hill, in 2008, when the remainder of Lea Hill was annexed, the City added a policy statement limiting multi- family development as the area had experienced a trend of multi-family development. In order to balance slowing down the rapid multi-family development but still plan for housing and job growth targets, the City implemented a mixed-use requirement if multi- family is to be developed within the C-1, Light Commercial zone. The proposed amendments today, recognize the market sensitivity of mixed-use projects while still maintaining the City's goal of limiting multi-family development to the SE 312'hII24th Avenue area and having commercial development be part of a project. V. STAFF RECOMMENDATION/DECISION Staff recommends that the Planning Commission recommend to the City Council approval of the proposed code amendment as presented. VI. EXHIBITS Exhibit 1 Proposed code changes Auburn City Code Exhibit 2 Request to Department of Commerce for Expedited State Review Exhibit 3 Department of Commerce acknowledgement letter Exhibit 4 Request to publish hearing notice in newspaper Exhibit 5 Environmental Checklist Exhibit 6 Determination of Non-Significance Exhibit 7 Comments Letter(s) Received Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 5 ORD.C Page 205 of 324 Exhibit 8 Economic Development Strategy Areas Staff Report Prepared by- Elizabeth Chamberlain, Planning Services Manager Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 6 ORD.C Page 206 of 324 Exhibit 1 ZOA13-0005 Chapter 18.57 STANDARDS FOR SPECIFIC LAND USES Sections: 18 57.010 Intent. 18.57.015 Applicability 18 57.020 Industrial, manufacturing and processing, wholesaling. 18.57 025 Recreation, education and public assembly 18.57 030 Residential. 18.57 035 Retail. 18.57 040 Services. 18.57 045 Transportation, communication and infrastructure. 18.57.050 Vehicle sales and services. ACC Section 18.57.030 Residential. A. Multiple-Family Dwellings as Part of a Mixed-Use Development. 1 C-1 Zone. Multiple-family dwelling as part of a mixed-use development is allowed; provided, that compliance to all of the following is demonstrated: a. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixed-use development; b. Applications for mixed-use development inclusive of multiple-family residential dwellings shall include transportation and traffic analyses appropriate to the type and scale of the proposed development based on the concurrent determination of the planning director and city engineer. The planning director and city engineer may require the analysis to address, including, but not limited to, a.m. or p.m. traffic impacts; and/or area circulation planning for motorized and nonmotorized modes of travel and connectivity; and/or transportation demand management (TDM) strategies; c. Applications for the mixed-use development inclusive of multifamily residential dwellings shall include written and plan information demonstrating compliance to applicable design standards for mixed-use development contained in the city of Auburn multifamily and mixed-use design standards; d. Applications for the mixed-use development inclusive of multifamily residential dwellings shall comply, as applicable, with the neighborhood review meeting requirements of ACC 18.02.130 (Neighborhood review meeting); e. Mixed-use development comprised of a maximum of one building on a development site shall have the satire 50 percent ground floor comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally; provided, that uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor, except that non-street frontage vehicle garages located on the ground floor together with all other normal and incidental uses shall occupy a maximum of 50 percent of the ground floor space; oraad ZOA13-0005 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 1 ORD.C Page 207 of 324 f. Mixed-use development that is geographically distributed on a development site amongst two OF mere buildings shall have a minimum of 50-25 percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally, or g. Mixed-use development that has more than two buildings shall have a minimum percentage of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment, or office uses that are permitted outright or conditionally as follows: 1. For 3 buildings 20 percent of the cumulative building ground floor square footage. 2. For 4 buildings, 15 percent of the cumulative building ground floor square footage. 3. For 5 or more buildings 10 percent of the cumulative building ground floor square footage. h. A proiect proponent may select to set aside a non-residential building pad(s), meeting the percentage requirements above, for future development, provided that the site plan for the development must identify the general location for the building(s), associated parking areas, drive aisles, landscaping areas, and utility locations. During the interim period that the non-residential site(s) remains undeveloped, it must be maintained as a landscaped area meeting the requirements of ACC 18.50. 2. C-2 Zone. Multiple-family dwellings are permitted as part of a mixed-use development provided they are: a. Located in a multi-story building the ground floor of which must contain a permitted use listed in Table 18.23.030, 'Permitted, Administrative, Conditional and Prohibited Uses by Zone." No density limitations shall apply. 3. C-3 Zone. Multiple-family dwellings are permitted as part of a mixed-use development provided 1,200 square feet of lot area is provided for each dwelling unit. 4 C-4 Zone. Multiple-family dwellings are permitted provided they are: a. Located in a multi-story building and the ground floor must contain a permitted use or combination of uses, other than parking facility b. An exception to this ground floor commercial requirement is allowed for uses accessory to the upper story residential at a rate of 1,500 square feet of area per upper story of residential. The ground floor areas accessory to the upper story residential may include, but are not limited to, entry space, lobby, hallway, mail areas. The 1,500 square feet of upper floor area does not include exiting required to meet applicable building and fire codes. 5. M-1 Zone. Multiple-family dwellings are permitted as part of a mixed-use development, provided they are: a. Located in a multi-story building the ground floor of which must contain one of the retail or service uses listed in Table 18.23.030, 'Permitted, Administrative, Conditional and Prohibited Uses by Zone."The ground floor may contain entrance and lobby areas which serve the dwellings. B. Multiple-Family Dwellings, Stand-Alone. 1 C-3 Zone. Multiple-family dwellings are permitted provided: ZOA13-0005 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 2 ORD.C Page 208 of 324 a. One thousand two hundred square feet of lot area is provided for each dwelling unit; and b. The multiple-family development is arranged in the following manner based on its orientation to a public roadway (Scenarios 1 —4): AUMM NAY N ALIMNNAY A A V W ."°°""""---- NEST VALLEY NAM-is ST SSNSSV C ST SW C CJMF MF When oriented along the roadways'listed above: Scenario 1: Vertical mixed-use (street level commercial, multifamily above) development required; or Scenario 2: Horizontal mixed-use (commercial use along frontage,multifamily Jongtherear) required. AUMM NAY N ALWAM VAY 3 AST SE ------------------ NEST VALLEY MW,1S ST NW SW C ST SW IF] Legend C=Commercial MF a Muld-family When oriented along the roadways listed above: Scenario 3: Landlocked property. Property to the rear can be stand-alone multifamily ZOA13-0005 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 3 ORD.C Page 209 of 324 Al mar A neAab UM.WS calbdl ------------------- 1 ST PE.61"ST SE.e.g MF Legend C —Commercial MF-Multifamily When oiiented along other minor arterial s and nonresidential collectors: Scmario4: R operties along streets that are less attractive M commercial uses,such as I St NE, stand-alone multifamily can be permitted. 2. EP Zone. Multiple-family dwellings are permitted provided: a. The multiple-family development incorporates sustainable design and green building practices and qualifies to be built green certified. ZOA13-0005 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 4 ORD.C Page 210 of 324 Exhibit 2 ZOA13-0005 Elizabeth Chamberlain From: Elizabeth Chamberlain Sent: Monday, August 05, 2013 4:27 PM To: DAHP'; 'larry.fisher @dfw.wa.gov'; 'ramin.pazooki @wsdot.wa.gov'; 'DNR'; sepaunit @ecy wa.gov'; 'MIT Cultural Program'; 'WA DOC'; 'Washington Environmental Council', 'Auburn School District'; Dave Hill, 'City of Federal Way'; 'Corbin, Douglas L'; Futurewise' Subject: DNS-two non-project action code amendments Attachments:20130805154450514.pdf, Revised Checklist Student_Rental Housing.pdf; Proposed Code Amendments and program SEPA version.pdf; 20130805154441529.pdf, Checklist C-1 Zone Amendments.pdf, Multi Family Amendments SEPA version.pdf Good Afternoon, Attached please find the following: Revised DNS, checklist, and proposed code amendments related to student/rental housing within the City DNS, checklist, and proposed code amendments related to the C-1, Light Commercial Zone, mixed use requirements The City anticipates a public hearing before the Planning Commission on August 20, 2013 and City Council action in September For commerce—the City will be requesting expedited review for the proposed code amendments and will be sending that request shortly under separate cover. If there are any questions please let me know Sincerely, Elizabeth Elizabeth F Chamberlain, AICP Planning Manager City of Auburn 253-931-3092 1 ORD.C Page 211 of 324 Exhibit 3 ZOA13-0005 m-t:L n.PitiPf= STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia,Washington 98504.2525 • (360)725.4000 wmimcommerce.wa.gov August 7, 2013 Elizabeth Chamberlain Senior Planner City of Auburn 25 W Main Street Auburn, Washington 98001-4998 Dear Ms. Chamberlain: Thank you for sending the Washington State Department of Commerce(Commerce)the following materials as required under RCW 36 70A 106. Please keep this letter as documentation that you have met this procedural requirement. City of Auburn -Proposed code amendments related to student/rental housing and proposed code amendments related to the C-1, Light Commercial Zone, mixed use requirements. These materials were received on August 06, 2013 and processed with the material ID#19421. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review, then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting,then Commerce will deny expedited review and the standard 60-day review period (from date received)will apply Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than fifteen calendar days after the original date of receipt by Commerce Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam @commerce.wa.gov, or call Dave Andersen (509)434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services ORD.C Page 212 of 324 Exhibit 4 ZOA13-0005 REQUEST TO PUBLISH Please publish the following Notice of Public Hearing in the Seattle Times on August 8, 2013 Bill the City of Auburn City of Auburn ATT City Clerk 25 West Main Auburn, WA 98001 An "Affidavit of Publication" is requested for this billing. Thank you. CITY OF AUBURN NOTICE OF PUBLIC HEARING The Planning Commission of the City of Auburn, Washington, will conduct a public hearing on Tuesday, August 20, 2013 at 7:00 P.M. in the Council Chambers of the Auburn City Hall located at 25 West Main Street on the following: Case Number ZOA13-0003: Amendment to Auburn City Code The proposal amends the Auburn City Code related student/rental housing. The proposed amendments affect Title 18, Zoning, and Title 5, Business and Licenses Regulations. Case Number ZOA13-0005: Amendment to Auburn City Code The proposal amends the Auburn City Code related to the C-1, Light Commercial, Zone. Specifically,the proposed code amendments address mixed-use development standards. Case No. ZOA13.0004: Amendment to ACC 16.10.110, Critical Areas Regulations Amendment to the critical areas regulations to authorize mitigation to be located outside the City under certain circumstances which is currently not allowed. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted up until and at the public hearing for ZOA13-0003 and ZOA13-0005 to Elizabeth Chamberlain, Planning Services Manager, Planning and Development Department, 25 West Main Street,Auburn, WA 98001-4988 or Jeff Dixon, Principal Planner, for ZOA13-0004 at the same address. If you have further comments or questions, please contact Elizabeth Chamberlain at echamberlainaauburnwa.gov or at 253) 931-3092. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed Each request will be considered individually according to the type of request,the availability of resources, and the financial ability of the City to provide the requested services or equipment. ORD.C Page 213 of 324 Exhibit 5 ZOA13-0005 CITY OF A EFRN wnsHlNCTON planning and Development Department ENVIRONMENTAL CHECKLIST 1. Name of proposed project, if applicable: C-1, Light Commercial Zone, Mixed-use Amendments 2. Name of Applicant: City of Auburn 3. Address and phone number of applicant and contact person: Applicant: Planning and Development Department 25 West Main Auburn, WA 98001-4998 Elizabeth Chamberlain, AICP, Planning Services Manager 253) 931-3092 4. Date checklist prepared: August 5, 2013 5. Agency requesting checklist: City of Auburn 6. Proposed timing or schedule (including phasing, if applicable): Environmental Review—August 2013 Planning Commission Public Hearing —August 20, 2013 City Council Review—September 2013 City Council Action — September 2013 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None ENVIRONMENTAL CHECKLIST Page 1 of 16 ORD.C Page 214 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None. 10. List any government approvals or permits that will be needed for your proposal, if known. The City of Auburn Planning Commission will hold a public hearing on the proposed code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, or not adopting the amendments. Although not an approval or permit, the proposed zoning text amendments are also subject to the 60-day State Agency review process pursuant to RCW 36.70A.106. The City will be requesting expedited review. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You need not repeat those answers on this page. The City put into place regulations that requires a certain amount of commercial development when developing a multifamily project. The current regulations have not responded well to the current market and the City is interested in making the regulations more flexible by allowing alternatives to the traditional mixed-use development. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposed code amendment would be applicable to properties zoned C-1, Light Commercial. B. ENVIRONMENTAL ELEMENTS: 1. Earth: A. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other. The City of Auburn is characterized by a relatively flat valley floor bordered by steep hillsides that plateau. Page 2 of 16 ORD.C Page 215 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT B. What is the steepest slope on the site (approximate percent slope)? The slope of the valley walls in the city varies, but some slopes associated with the valley walls reach 100%. Most sites on the valley floor have limited slopes. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The valley floor is made up primarily of soils of the Oridia, Renton, Snohomish and Briscott series. These soils are fairly poorly drained and formed in the alluvium (river sediments) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well-drained. There is no designated prime farmland within the City of Auburn. The soils in the uplands are predominantly of the Alderwood series. These soils drain moderately well and are typically located on slopes ranging from 0-70%. D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Many factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and vegetation removal. The city has identified categories of geologic hazard areas and inventoried these areas. Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9 7, respectively in the City's Comprehensive Plan. E. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. The proposed amendments are non-project actions, so no site alteration, construction, or earthwork is proposed. F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable. Non-project action. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. The action does not involve site specific development proposals H. Proposed measures to reduce or control erosion, or other impacts to the earth. This is a non-project action so no site specific erosion control is proposed. However, the existing comprehensive plan includes numerous policies to reduce or control erosion through the use of best management practices, landscaping requirements, limitations on alteration of steep slopes and other critical areas protections. Impacts to earth will be identified and, if necessary, mitigated during the development review process as specific development proposals are made that might be associated with these plan amendments. Page 3 of 16 ORD.C Page 216 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT The city also has design and construction standards that address erosion control measures. 2. Air: A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any,generally describe and give approximate quantities if know. Not applicable. Proposal is a non-project action. B. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. Proposal is a non-project action. 3. Water: A. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site including year round and seasonal streams, saltwater, lakes, ponds, wetlands): If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The major bodies of water within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White Lake. The City has conducted an inventory of wetlands within the city limits. These are shown on Map 9.3 of the City's Comprehensive Plan. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable. This is a non-project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. This is non-project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Not applicable. This is non-project action. Page 4 of 16 ORD.C Page 217 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Proposal is non-project action. However, several areas within Auburn lie within the 100-year floodplain of the Green or White River and Mill Creek. These areas as well as frequently flooded areas as defined by the City of Auburn Public Works Department are shown on Map 9 4 of the City's Comprehensive Plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Proposal is a non-project action. B. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Not applicable. This is non-project action. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is (are) expected to serve. Not applicable. This is non-project action. C. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not applicable. This is non-project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. This is non-project action. D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable. This is non-project action. 4. Plants: A. Check or circle types of vegetation found on the site: Page 5 of 16 ORD.C Page 218 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other. X shrubs. X grass. X pasture.X crop or grain. X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, X other water plants: water lily, eelgrass, milfoil, other X other types of vegetation. X B. What kind and amount of vegetation will be removed or altered? Not applicable. This is non-project action. However, in general urban development results in the removal or alteration of many types of vegetation. C. List threatened or endangered species known to be on or near the site: None that are known. D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. This is non-project action. 5. Animals: A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc. Mammals: deer, bear, elk, beaver, other- Fish: bass, salmon, trout, herring, shellfish, other, urban animals such as dogs, cats, squirrels, rodents,opossums, raccoons, etc. are also present in the city. B. List any threatened or endangered species known to be on or near the site. There are nesting/breeding sites of bald eagles, great blue herons and green back heron within Auburn as shown on Map 9.2 of the City's Comprehensive Plan. The Environmental Impact Statement for the Auburn Thoroughbred Racetrack indicates that peregrine falcons, bald eagles, and the Aleutian Canadian Goose have been seen in the Auburn area. Chinook salmon are currently listed as a threatened species by the National Marine Fisheries Service (NMFS). Bull trout are also listed. Chinook salmon are known to use the Green and White Rivers. C. Is the site part of a migration route? If so, explain. Auburn is a portion of the Pacific Flyway for migratory birds. Page 6 of 16 ORD.C Page 219 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT D. Proposed measures to preserve or enhance wildlife, if any: Not applicable. This is non-project action. 6. Energy and Natural Resources: A. What kinds of energy(electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing,etc. Not applicable. This is anon-project action. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable. This is a non-project action. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. This is a non-project action. 7. Environmental Health: A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Not applicable. This is a non-project action. 1) Describe special emergency services that might be required: Not applicable. This is a non-project action. 2) Proposed measures to reduce or control environmental health hazards, if any: Not applicable. This is a non-project action. B. Noise: 1) What types of noise exist in the area which may affect your project(for example: traffic, equipment, operation, other)? Not applicable. This is a non-project action. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Page 7 of 16 ORD.C Page 220 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. This is a non-project action. 3) Proposed measures to reduce or control noise impact, if any: Not applicable. This is a non-project action. 8. Land and Shoreline Use: A. What is the current use of the site and adjacent properties? The City and PAA contain a variety of land uses including residential, industrial, commercial, open space, and public land uses. The proposed code amendment would be to properties zoned C-1, Light Commercial. B. Has the site been used for agriculture? If so, describe: Much of the Green River Valley and the City of Auburn were used for agriculture at some time in the past. Over the last several decades, rapid growth in the area resulted in much of the agricultural land converting to urban uses. No land within the city is designated as agricultural, though some parcels continue as that type of use. C. Describe any structures on the site: Structures within the City range from small single family detached homes to large industrial and warehousing facilities. D. Will any structures be demolished? If so, what? Not applicable. This is a non-project action. E. What is the current zoning classification of the site? City zoning districts include. RR (Rural Residential); R-1 (1 du/acre) R-5 (5 du/acre); R-7 7 du/acre); R-10 (10 du/acre), R-20 (20 du/acre); RMHP (Residential Manufactured Home District); RO (Residential Office); RO-H (Residential Office-Hospital); CN Neighborhood Commercial); DUC (Downtown Urban Center); C1 (Light Commercial); C2 (Central Business District); C3 (Heavy Commercial); M1 (Light Industrial); M2 Heavy Industrial); BP (Business Park); LF (Airport Landing Field); P1 (Public Use); UNC Unclassified Use); I (Institutional Use); LH (Lea Hill). The proposed code amendment would affect the C-1, Light Commercial zone. F. What is the current comprehensive plan designation of the site? A Comprehensive Plan map of the City is contained in the City's Comprehensive Plan and includes 13 different plan designations. G. If applicable, what is the current shoreline master program designation of the site? Page 8 of 16 ORD.C Page 221 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Portions of the City along the Green and White Rivers fall under the Shoreline Master Program. A map of the shoreline designations for those areas is Map 9.1 of the City's Comprehensive Plan. Zoning districts that are applicable to this proposed code amendment do fall within the City's Shoreline Management area. H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify: Not applicable. This is a non-project action. However, areas of the City do have sensitive areas and the regulation and protection of sensitive areas are addressed through the City's critical areas ordinance. I. Approximately how many people would reside or work in the completed project? Not applicable. This is a non-project action and no specific development is proposed J. Approximately how many people would the completed project displace? None specifically Proposal is a non-project action. K. Proposed measures to avoid or reduce displacement impacts, if any: None specifically Proposal is a non-project action. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None specifically Proposal is a non-project action. 9. Housing: A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. Proposal is a non-project action. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control housing impacts, if any: Not applicable. Proposal is a non-project action. 10. Aesthetics: A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s)proposed? Page 9 of 16 ORD.C Page 222 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. Proposal is a non-project action. B. What views in the immediate vicinity would be altered or obstructed? Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. Proposal is a non-project action. 11. Light and Glare: A. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. Proposal is a non-project action. B. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. Proposal is a non-project action. C. What existing off-site sources of light or glare may affect your proposal? Not applicable. Proposal is a non-project action. D. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. Proposal is a non-project action. 12. Recreation: A. What designated and informal recreational opportunities are in the immediate vicinity? The City of Auburn provides a full range of parks and recreational facilities. Map 11.1 of the City's Comprehensive Plan shows the location of these facilities. B. Would the proposed project displace any existing recreational uses? If so, describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control impacts on recreation including recreation opportunities to be provided by the project or applicant, if any: Not applicable. Proposal is a non-project action. 13. Historic and Cultural Preservation: A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so,generally describe: Page 10 of 16 ORD.C Page 223 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. Proposal is a non-project action. However as a matter of information, in Auburn, the Blomeen House located at 324 B Street NE is on the National Register of Historic Places. The Carnegie Library Building at 306 Auburn Avenue (currently Auburn Dance and Music Center) and the Auburn Post Office currently Seattle-King County Health Department) at 20 Auburn Avenue NE are local and county landmarks. The Olson Farm, located at 28728 Green River Road South, was designated as King County Landmark in 2000 and the Masonic Temple Building at the southeast corner of Auburn Way South and East Main Street was designated as a King County Historical Landmark in 2002. B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Several Indian campsites have been identified along the Green and White rivers in the Auburn Thoroughbred Racetrack EIS and in preliminary work for the Army Corps of Engineers' Special Area Management Plan. C. Proposed measures to reduce or control impacts, if any: Not applicable. Proposal is a non-project action. 14. Transportation: A. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any Figure 2-1 of the Comprehensive Transportation Plan (transportation element) shows the City's current and future classified street system. B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable, non-project action. However, Figure 4-1 of the Comprehensive Transportation Plan (transportation element) shows the location of public transit routes within the City Also, a commuter rail station exists along the Burlington Northern Santa Fe railroad right-of-way just south of West Main Street and east of C Street SW C. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. Proposal is a non-project action. D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private): Not applicable. Proposal is a non-project action. Page 11 of 16 ORD.C Page 224 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe: There is no water transportation in the Auburn area other than for recreational uses. The area is particularly well served by rail. At this time, local freight service is available. Burlington Northern Santa Fe and Union Pacific both operate freight lines within Auburn. Auburn is also a commuter rail station site for the Sounder commuter rail line between Tacoma and Seattle. Service began September 18, 2000 Amtrak trains pass through Auburn but do not stop here. The Auburn Airport is located north of 15`" Street NE. F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable. Non-project action. G. Proposed measures to reduce or control transportation impacts, if any: Not applicable. Non-project action. 15. Public Services: A. Would the project result in an increased need for public services (for example: fire protection, police protection, health care,schools, other)? If so,generally describe: Not applicable. Non-project action. B. Proposed measures to reduce or control direct impact on public services, if any: The comprehensive plan contains policies that seek to maintain a sufficient level of service for public services as development occurs. Also, Auburn reviews under SEPA, the impacts of significant development on these public services. Mitigation measures are required to reduce significant adverse impacts. 16. Utilities: A. Circle utilities currently available at the site: Electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system other Cable TV. All of the above utilities are available within the City of Auburn. B. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed: This is a non-project action. However, the Comprehensive Plan includes a utilities element (as required by the Growth Management Act), which describes the utilities that serve the Auburn area and includes policies for their provision. Also, the city actively engages in planning for public facilities. A new Comprehensive Water Plan and new Comprehensive Sewer Plan were adopted by the City in 2009 A Page 12 of 16 ORD.C Page 225 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT new Comprehensive Drainage Plan was adopted in 2009 A new six year Capital Facilities Plan was adopted in 2012 (2013-2018). These plans ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. OWNER/AGENT SIGNATURE: Elizabeth Chamberlain DATE SUBMITTED: August 5, 2013 Page 13 of 16 ORD.C Page 226 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Do not use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed code amendments to the C-1, Light Commercial zone, should have a minimal change in discharging to water, emissions to air, production, storage, or release of toxic or hazardous substances or the production of noise. While the proposed code amendment could apply to undeveloped property, the City's stormwater design manual addresses stormwater discharges and the City has other regulations addressing emissions to air and hazardous substances. Proposed measures to avoid or reduce such increases are: The City of Auburn Comprehensive Plan contains provisions to reduce increases or emissions caused by new development. Emphasis in the Comprehensive Plan on reducing the reliance on the automobile for transportation should reduce the amount of emissions to the air Policies in the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation. This should support wildlife habitat areas, particularly near streams, as the policies assist the City in addressing adverse impacts to water quality and wildlife habitat from runoff since native plantings may require less pesticide use. An environmental review of all non-exempt (from SEPA) development will be conducted to evaluate and mitigate impacts related to discharges, emissions, and the release of toxic substances. Evaluation of the site specific proposals will be based on the policies of the Comprehensive Plan and appropriate mitigation will take place on a case by case basis. City development standards including but not limited to the critical areas ordinance, shoreline master program regulations, and the Design and Construction Manuals, also provide additional protection for these types of impacts. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal is not likely affect plants, animals, fish, or marine life. However, as noted below, the City has development standards to provide protection for these types of impacts. Proposed measures to protect or conserve plants,animals,fish, or marine life are: Generally, the adopted Auburn Comprehensive Plan and critical areas ordinance seek to protect and conserve plants, animals, fish, and marine life. An environmental review under SEPA of all non-exempt development is conducted to measure impacts. Evaluation based Page 14 of 16 ORD.C Page 227 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT on the policies of the Auburn Comprehensive Plan and appropriate mitigation will take place on a case-by-case basis. Policies within the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation be used and/or retained. This should support wildlife habitat areas, particularly near streams as the policies assist the city in addressing adverse runoff impacts to water quality and wildlife habitat since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance and the shoreline master program regulations also provide additional protection for these types of impacts. 3. How would the proposal be likely to deplete energy or natural resources? Future development will use natural gas and electricity and could result in increased automobile uses. However, there does not appear to be any significant adverse increases in the use of energy of natural resources resulting from the amendments being proposed to the existing comprehensive plan over what might occur under existing plan designations. Proposed measures to protect or conserve energy and natural resources are: None specifically, as this is a non-project action. However, in addition to the provisions of the Auburn Energy Management Plan (adopted in 1986), which encourages energy conservation in public buildings, street lighting, and recycling, the comprehensive plan places an emphasis on providing for alternative methods of travel to the automobile such as transit, walking, and biking. An environmental review under SEPA of all significant development will be conducted to measure the project impacts. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study)for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Taken as a whole, there should not be any change in impacts from existing regulations on environmentally sensitive areas or areas designated for government protection. Regulations are in place to protect environmentally sensitive areas regardless of the use of the land or these proposed code amendments. Proposed measures to protect such resources or to avoid or reduce impacts are: The comprehensive plan and, in particular, the critical areas ordinance, seek to protect environmentally sensitive areas (wetlands, streams, geologically hazard areas, Floodplain,wildlife habitat, and aquifer recharge areas) and to reduce the impacts of development on them. The Auburn Comprehensive Plan provides for the implementation of innovative land management techniques to protect these resources. An environmental review under SEPA for all non-exempt development will be conducted to evaluate impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Page 15 of 16 ORD.C Page 228 of 324 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Amendments can only be approved if it can be assured that future development is consistent with the Comprehensive Plan and its policies and related regulations. Those proposals that are not consistent with the comprehensive plan policies or other existing plans will not be approved. Proposed measures to avoid or reduce shoreline and land use impacts are: The comprehensive plan, critical areas ordinance, and other development regulations, such as the zoning ordinance and shoreline master program, seek to protect these land and shoreline resources and to reduce the effects of development on them. An environmental review under SEPA of all development that is non-exempt will also be conducted to evaluate a proposal's land use and environmental impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed amendment could lead towards development that may increase demands on public services, the transportation network, and utilities. The City has adopted a traffic impact fee structure to address impacts to the transportation network. Proposed measures to reduce or respond to such demand(s) are: The Auburn Comprehensive Plan presently incorporates the 2013-2018 Capital Facilities Plan updated, which seeks to maintain a sufficient level of service for public services as development occurs. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and Comprehensive Sewer Plan updates were adopted by the city in 2009 The Comprehensive Drainage Plan update was also adopted in 2009 The Comprehensive Transportation Plan was adopted in 2005 with updates during the 2006 and 2009 Comprehensive Plan amendment cycles. These plans help ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not appear to present any conflict with local, state, or federal laws or requirements. Page 16 of 16 ORD.C Page 229 of 324 Exhibit 6 ZOA13-0005 CITY OF x D-B uRN Peter B. Lewis, Mayor WASHINGTON 25 West Main Sireot * Auburn WA 98001-4998 WWW.auburnwa.gov * 253-931-3000 MEMORANDUM ' TO: Interested Parties FROM: Elizabeth Chamberlain AICP, Planning Manager Planning and Development Department DATE: August 5, 2013 RE: Notice of Determination of Non-Significance for the Amendment to Auburn City Code Title 18, Zoning Code, related to the C-1, Light Commercial Zone. Current File Nos. ZOA13-0005 and SEP13-0026 Please find enclosed a copy of the proposed determination of non-significance in accordance with 197-11-340(2) for the above referenced project. Also included are the following: 1 Environmental Checklist 2. Proposed Code Amendment to Auburn City Code, Title 18, Zoning If you have any questions regarding this process or would like to receive additional documentation on the proposed amendments, please contact Elizabeth Chamberlain AICP, Planning Manager at echamberlain(o)auburnwa.aov or at 253-931-3092. I i I AUBURN ' MORI: II-1AN YOU IMAGINEDORD.C Page 230 of 324 CITY OF 1 w Au-BURN Peter B. Lewis, Mayor WASHINGTON 25 West Main Stroet * Auburn WA 98001-4998 s www.cwbumwci.gov * 253-931-3000 Determination of Non-Significance SEP13-0026 and ZOA13-0005 Description of Proposal: Amendments to Title 18, Zoning, specifically the C-1, Light Commercial Zone. The proposed amendments revise the mixed-use standards and allow flexibility on when commercial is required when multi-family is constructed. Proponent: Elizabeth Chamberlain AICP, Planning Services Manager City of Auburn Planning and Development Department Location: City wide Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date issued below. Comments must be submitted by 5:00 p.m. on August 19, 2013. Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk within 14 days of the close of the comment period, or by 5:00 p.m. on September 3, 2013. Responsible Official: Jeff Tate Position/Title: Interim Planning and Development Director Address: 25 West Main Street Auburn, Washington 98001 253-931-3090 Date Issued: August 5, 2013 Signature: Note: This determination does not constitute approval of the proposal. Approval of the i proposal can only be made by the legislative or administrative body vested with that I authority. The proposal will be required to meet all applicable regulations. I i AUBURN * MORI: THAN YOU IN-IAGINH)ORD.C Page 231 of 324 Exhibit 7 ZOA13-0005 Elizabeth Chamberlain From: Jeff Tate Sent: Tuesday, July 23, 2013 10:04 AM To: Elizabeth Chamberlain Subject: Fwd: Lea Hill (C-1) Sent from my iPhone Begin forwarded message: From: Nicole Petrino-Salter<nicolepetrinosalterr(i)hotmaii.com> Date: July 23, 2013, 8:39:20 AM PDT To: "n back us @au burn wa.aov" <nbackusuauburnwa.eov>, "itater(bauburmva.Lov" itate a aubunnva."ov>, "iholmannauburnwa.cov" <jholman a auburmva.eov>, Iwalesnauburmva.aov" <IxvaIes @au burn wa.--ov> Subject: Lea Hill(C-1) Deputy Mayor Nancy Backus, Interim Planning Director Jeff Tate, Councilman John Holman, and Councilwoman Largo Wales: As the property owners of the 14+ acres zoned C-1 in the Lea Hill location bordering The Seasons apartments/commerciaUretail space, we appreciate your efforts on our behalf to address the City Code which stipulates all development in this zoning/location must contain 50% allocated for ground floor commercial/retail space for the mixed-use criteria. As most of you know, this 50% requirement was and is responsible for the dissolving of two contracts for the sales of our properties to a developer. It wasn't feasible when it first was introduced, and it's currently not feasible fiscally, economically, and location- wise. Last evening (July 22, 2013), Deputy Mayor Backus asked us if we had anything new to present besides what has been stated on record via personal visits to Mr. Tate and emails to both Nancy and Jeff. Mr. Rudy Terry felt compelled to emphasize we're at the mercy of all of you. May I take this time to give you a not- so-hypothetical situation . . . Living in the rural beauty of unincorporated Lea Hill, many of us have spent 20 to 40 years up here on the hill, most of our adult lives. Thinking this might just be where we spend the rest of our lives, we realized as neighbors sold their properties due to aging or deaths/inheritances, this would no longer be a rural area. Those of us with large animals became concerned about their well-being with more residential occupants and their curiosities. After annexation, we faced the realities of being "in the city" and watched as multiple houses continued (and continue) to be erected adjacent to our properties. When we collectively decided 1 ORD.C Page 232 of 324 to sell to a developer who offered us prices we couldn't refuse, we signed contracts and began to plan for our futures. Some of our futures are on the shorter side of life. We've probably got one more move in us. Others of us yearn for the more rural lifestyles to accomodate large animals and pets. Most of us (not all) have spent a great deal of money on our homes, properties, and contributed to the economy in Auburn for many years. For some of us, our retirement depends on the sale of our property. To be stopped and/or hindered from selling our properties by a City Code seems unreasonable, but it has happened twice to us and leaves us with few options, if any. Last night the random percentage of 25% allotment for commerciat/retail space was suggested to illustrate there needed to be a new minimum percentage written into the code. As you no doubt realize, this number (25%) is excessive. Since The Seasons' percentage is at 18% and has two units vacant since its inception with the food market being subsidized to stay in business, how can it be reasonable to assume a higher or even a same percentage is realistic? With more vacancies at the small retail location adjacent to the 7/11 on 124th and 312th it's clear that Lea Hill has a surplus of empty retail1commercial space. The more retail/commercial (higher percentage) space required, the less likely it is that we will ever be able to sell our properties. What value is there for a developer to waste money on empty building space(s)? We're asking for what Nancy called "thinking outside the box". We're asking for a more reasonable percentage (based on the allotted empty spaces and subsidized space on Lea Hill) with flexible language to invite a developer to work with the city to accommodate both of their needs. Make that percentage too high and no developer will invest in a losing situation. If the code is too restrictive, the value of buildable land diminishes along with the offers/prices for our properties. If any of you were offered a price for your dwellings which you valued and could not refuse, after deciding for your needs you needed to relocate, would you appreciate the city making such unreasonable restrictions cementing the impossibility for you to sell to the buyer of your choice? This has happened to us more than once. We are landlocked. We are stuck. And it is because of the city's regulations for development. We realize this is a reiteration of all that's been presented to you, but we can't emphasize it enough. Time is truly running out for us. Money for development is tenuous at best. How long it will be available no one can say. We have what we consider a dire need, and without your assistance, understanding, and action we will remain stuck. The timeline presented at the meeting is clearly on a fast-track which we deeply appreciate. However, without the helpful language and much less restrictive requirements, we will be left with no options. 2 ORD.C Page 233 of 324 Thank you for all that you've done so far, for hearing and listening, for taking the time out of your multi-level work issues to include our needs in your agendas. If we sound "desperate", it's because we are. Thank you. I would appreciate if you could let me know you've received this email. Thank you.) Respectfully, Nicole Peirino-Super http://hol)eofglory.typepad.com 3 ORD.C Page 234 of 324 LAKETAPPS 18 18 MARYOLSONFARM AUBURNGAMEFARM AUBURNENVIRONMENTALPARK MOUNTAINVIEWCEMETERY BRANNANPARK SUNSETPARK GAMEFARMWILDERNESSPARK GSAPARK LEAHILLPARK ROEGNERPARK AUBURNNARROWSSTATEPARK NORTHGREENRIVERPARK HATCHERYNATURALAREA NEELYBRIDGENATURALAREA ISAACEVANSPARK FENSTERPROPERTY MILLPONDPARK CEDARLANESPARK LESGOVECOMMUNITYCAMPUS SOOSCREEKPARKANDTRAIL AUBURNDALEPARK YMCASPORTFIELDS FULMERPARK ROTARYPARK VETERANSMEMORIALPARK CAMERONPARK DORTHYBOTHELLPARK LAKELANDHILLSPARK SHAUGHNESSYPARK RIVERPOINTPARK JORNADAPARK DYKSTRAPARK GAINESPARK SCOOTIEBROWNPARK TERMINALPARK LEAHILLTENNISCOURTS BICENTENNIALPARK BALLARDPARK PIONEERCEMETARY INDIANTOMPARK CENTENNIALVIEWPOINTPARK FORESTVILLATOTLOT BSTREETPLAZA SLAUGHTERMEMORIALPARK 167 167 BUENAVISTASCHOOL AUBURNHIGHSCHOOL TOTEMMIDDLESCHOOL OLYMPICMIDDLESCHOOL RAINIERMIDDLESCHOOL CASCADEMIDDLESCHOOL SEQUOIAMIDDLESCHOOL VALLEYCHRISTIANSCHOOL 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SE EA ST VA LLEY HW Y E I ST SE 4TH ST NE HARVEY RD NE BRIDGET AVE SE L ST SE 7TH ST SE 4TH ST SW 5TH ST SE S 331ST ST DOGWOOD ST SE FRONTAGE RD F ST SE C ST SE T ST SE PIKE ST NE 6 7 T H S T S E EA ST BLVD (BO EING) 8TH ST SE FOSTER AVE SE H ST SE B ST SE G ST SE MILL POND DR SE JOHN REDDINGTON RD NE E ST SE 140TH AVE SE 52ND AVE S G PL SE RIVER DR SE 32ND ST NE 10 5 T H P L S E SE 316TH PL A ST SW SE 310TH ST 47TH ST SE 56TH ST SE 15TH ST NE 32ND PL NE 54TH AVE S SE 296TH WAY QUI NC Y AVE SE U S T N W SE 290TH ST S 305TH ST 57TH PL S J ST SE 35TH WAY SE 130TH AVE SE 127TH PL SE 28TH ST NE OLIVE AVE SE BOUNDARY BLVD SW R ST NW E L I Z A B E T H A V E S E 31ST ST NE 30TH ST NE R I V E R V I E W D R N E O ST SW 5 1 S T S T N E B ST NE 26TH ST SE 65TH AVE S HO WARD RD SE SE 323RD PL SE 31 8 TH WAY SE 301ST ST 3 2 N D S T S E 3RD ST SE S 300TH ST THOMAS AVE SE A ST E SE 287TH ST 6 4 T H S T S E 50TH ST SE M O N T E V I S T A D R S E 5 0 T H S T N E 10TH ST NE HEMLOCK ST SE 29TH ST NW 31ST ST SE V ST NW 21ST ST NE 108TH AVE SE SE 304TH WAY F O R E S T RI D G E D R S E 2ND ST NW 30TH ST SE 85TH AVE S 23RD ST SE 24TH ST SE AUBURN AVE NE 22ND ST SE H I G H L A N D D R S E H ST NE S 318TH ST SE 298TH PL PIKE ST NW 64TH AVE S G ST NE S R 1 8-W EST R A M P SUPERMALL DR SW 36TH ST SEO ST SE S K Y W A Y L N S E 58TH AVE S 42ND ST NW SE 282ND ST LUND RD SW D ST SW S 288TH ST TERRACE DR NW 16TH ST NE 17TH ST NE ELLINGSON RD SW 1 0 2 N D A V E S E SUPERMALL WAY SW V ST SE 126TH AVE SE HI CREST DR NW 51ST ST SE 19TH DR NE 10TH ST SE 49 TH ST NE 111TH PL SE 20TH ST SE F ST SW SE 295TH ST V CT SE NATHAN AVE SE SE 326TH PL E ST SW SE 286TH ST 37T H W AY SE 66TH ST SE 7 2 N D S T S E 148TH AVE SE Z ST SE 10 4T H P L SE 16TH ST SE 2ND ST SE 128TH PL SE 13TH ST SE 42ND ST NE G ST SW ELM ST SE B PL NW 73 RD S T S E 3RD ST NW S 312TH ST T ST NW 2 4 T H S T N W PEARL AVE SE S U M N E R - TA P P S H W Y E 6TH ST NW ELM LN SE SE 312TH WAY SE 294TH ST 118TH PL SE SE 294TH PL 57TH ST SE L ST NE S 2 9 2 N D S T 55TH PL S 9TH ST SE I S A A C A V E S E 1ST ST SW PERRY AVE SE 52ND PL S GINKGO ST SE 105TH AVE SE SE 285TH ST C H A R L O T T E A V E S E H A Z E L A V E S E 67TH LN SE 61ST ST SE 28TH ST SE SUPER MA LL AC RD SW T ST NE SE 307TH PL PANORAMA DR SE 15TH ST SE 109TH AVE SE J ST NE 11TH ST NE 20TH ST NE 63RD ST SE 14TH ST SE S 303RD PL SE 299TH PL 26TH ST NE 45T H ST N E SE 281ST ST HEATHER AVE SE SE 308TH PL RANDALL AVE SE SE 43RD ST U S T S E 6 0 T H S T S E K ST NE S 319TH ST SE 290TH PL 22ND ST NW 6TH ST SE 20TH ST NW 109TH PL SE R PL SE WARD AVE SE 61ST AVE S 52ND ST NE S 3 1 4 T H S T 19TH ST SE 57TH DR SE SE 289TH ST S 302ND PL SE 297TH ST 21ST ST SE LAKE TAPPS DR SE 3RD ST SW 33RD ST SE 30TH ST NW I PL NE 129TH PL SE N DIVISION ST SE 323RD ST 55TH ST SE S E 3 0 7 T H S T N ST SE PIKE ST SE DOGWOOD LN SE MILL P O N D L O O P SE S 324TH ST WESTERN AVE NW DOGWOOD DR SE OLYMPIC ST SE 111TH AVE SE D PL SE 114TH AVE SE F ST NW SE 292ND ST TERRACE VIEW LN SE 14TH ST NW 107TH PL SE 117TH PL SE 53RD PL S M D R N E G ST NW 42ND PL NE SE 306TH ST INDUSTRY DR SW 1 1 2 T H P L S E 5TH ST NE 134TH PL SE 12TH ST NE ORAV ETZ PL SE 110TH PL SE 18TH ST NE ORCHARD ST SE 35TH ST NE 8TH ST SW SE 302ND PL KATHERINE AVE SE SE 286TH PL JASMINE AVE SE F R A N C I S A V E S E 133RD AVE SE 1ST ST NE 59TH AVE S 43RD ST NE S 296TH PL SE 300TH ST 40TH ST NE 22ND WAY NE 63RD PL S 62ND LOOP SE 2ND ST NE FIR ST SE 9TH ST NE 27TH ST SE O CT SE JAMES AVE SE ELAINE AVE SE 3RD ST NE 66TH AVE S 130TH WAY SE KENNEDY AVE SE 19TH PL SE 107TH AVE SE UDALL AVE SE SE 308TH ST V PL SE SE 305TH PL S 307TH ST SE 288TH PL 56TH PL S SE 31 3 TH S T SE 314TH PL AABY DR NW GREEN RIVER ACRD SE SE 302ND ST SE 45TH ST 28TH CT SE 16TH ST NW 121ST PL SE S 297TH PL SE 293RD ST SE 318TH PL SE 313TH PL 1ST ST SE C PL SE O PL NE 71ST ST SE F P L N E 37TH PL SE 56 TH CT S DOUGLAS AVE SE 125TH AVE SE 120TH AVE SE 28TH PL SE 26TH ST NW SE 304TH PL 1 1 3 T H P L S E S 2 9 2 N D P L 5 8 T H W A Y S E S ST SE SE 315TH ST 10TH ST NW S 321ST ST 1 1 4 T H W A Y S E S 328TH ST S 329TH PL 49TH ST SE48TH C T S E SE 311TH ST SE 321ST PL 6 0 T H P L S FRANKLIN AVE SE SE 282ND WAY 67TH CT SE 11TH ST SE SE 320TH PL7TH ST NE 128TH AVE SE 124TH PL SE 65TH ST SE 3RD CT SE 2 1 S T S T N W SE 322ND PL 138TH AVE SE 44TH ST SE CEDAR DR SE 167TH AVE E W E S L E Y P L S E S 326TH LN S 320TH ST SE 309TH ST 122ND PL SE 178TH AVE E SE 325TH PL SE 315TH PL 181ST AVE E 122ND AVE SE 100TH AVE SE 13TH ST NE 70TH ST SE SE 305TH ST 23RD ST NE SE 306TH PL 123RD AVE SE 305TH PL SE E L I Z A B E T H L O O P S E U ST NE SE 324TH ST 171ST AVE E 54 TH PL S JORDAN AVE SE TRANSIT RD SW 8TH ST NW 5 T H S T S W 5 7 T H P L S E HAZEL L N SE S 294TH ST A N N E T T E AV E S E EVA N CT SE SE 322ND ST 129TH AVE SE 15TH ST CT 137TH AVE SE S E 2 9 1 S T S T LAURELWOOD RD S IRENE AVE SE 37TH CT SE 4TH PL NE J C T S E L PL SE 53RD AVE S SE 312TH PL SE 306TH CT SE 283RD ST O CT N E SE 30 8 TH CT L CT NE 59TH PL S SE 29 7 TH PL SE 324TH LN 115TH LN SE S 288TH PL 68TH ST SE S 336TH PL SE 317TH CT 17TH DR SE W PL NW SE 312TH CT M PL NE 51ST CT S JUNIPER LN SE C CT SE PIKE PL NE 26 TH P L N E S 344TH CT 56TH CT SE S 304TH ST G ST SE 108TH AVE SE SE 295TH ST M ST NE SE 29 0 TH PL 5TH ST NE 72ND ST SE S ST SE S 329TH PL SE 307TH ST D ST SE 1ST ST SE PIKE ST SE 65 T H S T S E 108TH AVE SE D ST NE S 328TH ST D ST NE G ST SE 10 8TH AVE SE O ST SE PIKE ST NE 67TH ST SE 7TH ST SE 2 8 T H S T S E 52ND AVE S 30TH ST NE 8TH ST NE R ST NE 1 6 T H S T N E 66TH ST SE S 288TH ST 107TH AVE SE SR 18-WEST RAMP 1ST ST NE 8TH ST SE 50TH ST SE 112TH AVE SE 6TH ST SE 55TH AVE S 9TH ST NE W ST NW H ST SE 4TH ST NE G ST NW 2 9 T H S T N W SR 167-SOUTH RAMP SE 288TH PL 124TH PL SE A ST NE 4TH ST SE 5 7 T H P L S 67TH ST SE 16TH ST NE SE 299TH ST F ST SE T ST SE 49TH ST SE E ST NE 24TH ST SE D ST NW B ST SE 20TH ST SE SR 167-SOUTH RAMP 21ST ST SE D ST SE 112TH PL SE 25TH ST SE A ST NW 15TH ST NE 51ST ST SE CHAR LOT TE AVE SE 17TH ST NE 14TH ST SE 56TH AVE S 10TH ST NE SR 167-NORTH RAMP 12TH ST NE 107TH AVE SE R ST NW 52ND AVE S SE 321ST PL 22ND ST SE 53RD PL S K ST NE PIKE ST NE F ST SE A ST NE I P L N E N ST NE 29TH ST NW DOGWOOD ST SE L ST SE PI KE ST N E K ST SE 4TH ST SW SE 320TH ST SR 167-NORTH RAMP I PL NE M S T N E SE 286TH ST 2ND ST SE I ST SE D ST SE C ST SE D ST SE 108TH AVE SE 118TH AVE SE 3RD ST NE N DIVISION ST O L I V E A V E S E J ST NE J ST SE S 292ND ST 28TH ST SE 23RD ST SE SE 305TH PL 15TH ST SE 57 TH ST SE 65TH ST SE L S T N E RIVERVIEW DR NE G ST SE SE 28 2 ND ST SE 299TH PL ELM ST SE 1ST ST NE R ST SE ELM ST SE 6 8 T H S T S E SR 18-WEST RAMP O ST NE 111TH AVE SE 47TH ST SE R ST NW T ST SE SE 295TH ST D ST SE 5TH ST NE 1 2 5 T H A V E S E SR 18-WEST R AMP S E 3 1 0 T H S T V ST NW SE 301ST ST 129TH AVE SE SE 282ND WAY 7TH ST NE 23RD ST SE K ST NE U ST NW 4 0 T H S T N E 52ND AVE S D ST SE SE 294TH ST L ST NE H ST NE SE 314TH PL K ST SE SE 286TH PL S E 3 2 6 T H P L O ST NE MONTEVISTA DR SE 17TH ST NE 5 7 T H P L S 32ND ST SE K ST NE HOWARD RD SE FIR ST SE SE 281ST ST SE 315TH PL A ST SE 2 4 T H S T S E SR 167-NORTH RAMP SE 302ND ST 116TH AVE SE 5 0 T H S T S E 55TH ST SE 51ST AVE S SE 288TH ST 55TH AVE S L ST SE 35TH WAY SE 56TH AVE S Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map ID: 4095Printed On: 02/19/13 Economic Development Strategy Areas Auburn City Limits Potential Annexation Areas 15th ST Street SW/C Street SW/W Valley Highway A Stre et SE Corridor Auburn Environmental Park Developable Area Auburn Way North Corridor Auburn Way Sou th Corridor Green Zone M Stree t and Harvey Road Corridor Strate gy Are a Northwest Auburn SE 312th Stree t /124th Avenue SE Corridor Urban Center Urban Center Extended 1 INCH = 3,485 FEET Map 14.3 The location of economic development strategies areasare depicted generally based on city council discussionsand the precise boundaries will be established throughsubsequent planning actions.ORD.C Page 235 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6479 Date: August 27, 2013 Department: Planning and Development Attachments: Ord 6479 Final Plat Map Preliminary Plat Decision Certificate of Improvements Budget Impact: $0 Administrative Recommendation: City Council to adopt Ordinance No. 6479. Background Summary: SSHI LLC DBA DR Horton has made application for the Final Plat of Lakeland Villas. The plat includes the creation of 81 lots and seven (7) tracts for open space, landscaping, access, and pedestrian facilities. The property is located in southeast Auburn, north of Lake Tapps Parkway East and east of Thomas Avenue SE. Lakeland Villas received preliminary plat approval by the City’s Hearing Examiner (PLT12-0001) on July 30, 2012 to subdivide the approximately 10.8 acre site into 81 single-family lots in the Lakeland Hills South PUD zone. The plat has been developed in accordance with Title 17, (Final Plats, ACC 17.06 subsequently amended) and the conditions of the preliminary plat. The City Engineer has signed the Certificate of Improvements acknowledging the completion of all of the plat infrastructure improvements. Reviewed by Council Committees: Other: Planning, Legal, Public Works Councilmember:Backus Staff:Welch Meeting Date:September 3, 2013 Item Number:ORD.D AUBURN * MORE THAN YOU IMAGINEDORD.D Page 236 of 324 ORDINANCE NO. 6 4 7 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF LAKELAND VILLAS WHEREAS, the City of Auburn received a final plat application for the Plat of Lakeland Villas Application No. PLT13-0003, the final approval of which is appropriate for City Council Action, and WHEREAS, the Preliminary Plat for this plat was approved by the City's Hearing Examiner on July 30, 2012 (PLT12-0001), whereby the preliminary plat was approved with identified conditions and requirements; and WHEREAS, the plat has been developed in accordance with Title 17, Final Plats, ACC 17.06 subsequently amended), consistent with the City of Auburn Comprehensive Plan and the requirements of Chapter 58 17 RCW, and in conformity with the conditions and requirements of the preliminary plat; and WHEREAS, insofar as the plat meets the requirements of applicable codes and plans, and the conditions and requirements of the preliminary plat, it is incumbent on the City Council to approve the final plat, as no new conditions or requirements can be added at this point. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. Lakeland Villas, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of 5 of the Final Plat and is set forth below: LOT 131 OF LAKELAND EAST, ACCORDING TO THE PLAT THEREOF RECORDED UNDER RECORDING NO. 200901095001, IN PIERCE COUNTY, WASHINGTON Ordinance No. 6479 August 27, 2013 Page 1 of 3ORD.D Page 237 of 324 is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17 140 thereof Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6479 August 27, 2013 Page 2of3ORD.D Page 238 of 324 APPROVED TO FORM- Daniel eid, City Attorney Published. Ordinance No. 6479 August 27, 2013 Page 3of3ORD.D Page 239 of 324 THE VILLAS AT LAKELAND I SHEET 1 Of A FINAL PLAT A PORTION OF THE SW 1/4 OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., CITY OF AUBURN, PIERCE COUNTY, WASHINGTON LEGAL DESCRIPTION CITY FINANCE DIRECTOR'S CERTIFICATE THE IT. K WC..L ,M.A.:O ME 1 NAMES,PECCPRD WCfR A'.... 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M5 PIT O`ER HL PUBLIC PUPWS.AS m YiMiaAL,:M1 DAYOF OTO THEREµ INCLUDED BUT PO Uullm 10 PAP N SPACE;UTILITIES AND MVNWE UNLESS SUCH PASTIMES M TRNGn APE SPECIMIIlY PARKS. ON MITI PLAY AS BUNG DISMISS AN CCOOMWEEM TO A PERSON O EMIT°MCP MAY ME FIRLII[ IN H.1 WE DO HEFPEIR D AHD CONNEY SKIT SHEER IMMUNE OR! TO THE PENSION Cl MITI FIFO AVPUPN CBY[NCIXEIA WED FOR ME PURPOSE STATES HEREIN MOTHER ME UNMPYCxED OWNERS V ME LAND SUBDIVIDES HEREBY MATH FM THd5ELK3 MYp" AXO AP Sil'ACLUMAsM4k`VMUAIZf PEAflmsmI ON GUYOF HURTURN R C.P.CR ANS ASITC+h CITY PLANNING AND DEVELOPMENT AND/0'DE'NAGEEsnNu PANDA °rs omswl OTHER MMAr1OXCrnwsSMUTTING FROM°' O5 DIRECTOR'S CERTIFICATE INAKOUATE HABITUATED BY MENCITY OF CHURN NOU ED ME UNDERSIGNED OWNERS OF ME LAND HEREBY SURDMMD,AGREE FOR MEMSELUES PEREBV CEFFI ON MIS_DAV Of 201I THAT THEIR HENS AND ASSIGNS TO INDEMNIFYµO IqW PO CITY OF AUBURN 5 SUCCESSORS AND 1M5 PWL PLAT IS IN$VBS:NR4L CON WrtN!NE PREUMNAPf PIT AD ANY ASEIGNS.HA^NLESS FROM ANY DAMAGE.INDULGES ANY COSTS OF DEFMSE CLANm BY PERmPS ME M1T ONS EWIHEDTFM IN,WHIC CTREAUBUki WILD WAS WFRO01]M THE DECISION OFWIND.BIT WFUHME THIS SUMNSpx 10 WK BEEN CAUSED BY ALISPAIpNS OF ME GROUND SURFACE,.1ATNM,ORUCCI OR PEACE ON SUBSUPFACC WAIEP 1.WRHIN THIS SIRCMS4W W BY ESIASSHUEHE COxSTRLCTpX OR MANRNANCE OF THE TNADS WHEN THIS STEWS. AUBURN RAVXIHG AND DEVELOPMENT DIRECTOR 5 WAMR IN INOEMNINGNON SHALL U.BE GOXRRUm AS PELEASNO ME CITY OF AUBURµPl1S SUCCESSORS OR ASSIGNS,ETON LMBIUTY FOR IXCWO'XG ME COST orDEFENSE, PPS UUI IN WHOLE UP IN PAM FROM THE HFGIGfiEECF ME CITY OF AUBURN CH CITY APPROVAL THE DMEND" IIOPER S.DEMO wIXMN,AND.C WEDGED Irs EtWlxm M .19X0.40 M1s_ar c zO1l. OFFICERS.HELLS,EMPLOYEES ID MLUMECPS HARMLESS 1 µD ALL OWES ICOINJURIES CHANCES LOSSES ORSSUns INCWPwc ATTORNEY FEES.ARISING MR M PURSUANT TO m ORDNANCE NUMBED ADOPTED BY THE CHURN GM(COUNCIL ON NNECT]N w ME COMPLETION OF m E F CUTE MMLIENISHMA THIS PLAT x.xCHU.UBUGTOry IS w,DEFAULTED PP UTILITY FAUMPES 1HL_wr OF COu PUBLIC IFASIPLCNFE FOR SHRLETS CONSTRUCT III OR STORM WATER N1uEDSYSTEMSrsUMDE9TOMEFACEVALUEOFTHEBONDMENXFA/DEVFIDPFA Has POSTED IN DIEU OF E R EMRED W OVCUCXA ME PT R[S US UNMTEN PCESIMUEUMMESCHEMEFMCOMETTLACTIONOFpCFAIRTCOMLNFRASIBLCTUREZTHIS AMOK AFFECT AUBURN CITY CLERV STATEMENT S LEGALLY 9 N INE NTRs'AM/W ASSAMS OF ME.-TH NEVEMPER,SURFUND M WHOPERD ovmLRSUND MEN."Es MD/LII CS. WxR SUBCMSION DEDICATION AMIN OF CLAMS AND CPS'MENH TO HELD HARMLESS IS WE EST THE FREE COSENT AND IN ACCORDANCE WITH MY NFARES OF DART OWNERS PIERCE COUNTY ASSESSOR TREASURER w MUSIC M'HINEDF wE HAMF NEREDUM SEE NUN INN.I HEREBY CEPNFr 1KL ALL AND COUNTY TAXES HEPETaOPE LEVIED AuuNET ME MCPUM1 MSCMBED HEREM TO THE OWES AND PASSAGE OF ur oFME HAVE BEEN MLY PAN AND uc.A BE....m UISUM MMPAN.DOW CP WAR W Gm BY H SHER OF WHOMMON INC A wASRwG1oN CORPORATION FINS MANAGER BY M, NCE PRESIDENT PRINTED WE 1A FEETH ACSnSOP/TPGWSURER.PIERCE COUNTY,wASHIn4i0X DATE ACKNOWLEDGMENT PIERCE COUNTY RECORDING CERTIFICATE men MR PMOPD M zou S 1AIE OF MINUTES PASI_DMYATFTHE REDDEST OF NP HORTON RECORDS OF ME PIERCE DS COWYIr ALLMON,TACOMA,WYSNINGTON m BE NO NUMBER cEANY M W M UE yTSFKFDRf ENO THAT ME HEM SIGNED MlsTXSTATEDTINTSHEWASAUTHORIZED70EXECUTETHE1NSTRUAG T AND COWIE Lmµ ME ACE PRE TSENH OF DEN OF x IHL,A COHESION NERCE CaNT ATIC OP GESEEATION THE MANAGER LUG A MUkAME LIMITEDGLLAR ,To BE THE FXE ME`DLUNTAMY ACT OF SUCH HAPPY FOR ME USES AND PURPOSES IN ME RE INESTRUBTAIM, uTm SIGNATURE OF POTATO PUBLIC PRNTm.1 CF NOTATE PUBLIC HELDNC AT MY APPOINTMENT EXPIRES SURVEYOR'S CERTIFICATE THIS PLAT I$BASED ON AN ACTUAL 5UIrvC DONE DY WE M' f1 DIRECTSUPCPnAOH. 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PLT13-0003 6r°tS BOOI E \\ISUp\dw\ES.-nes\zs6\a]St41t\PLO1s\EVl-rwT Bwc pP./xwcrr BHIT IJ-BOBJORD.D Page 246 of 324 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN Phil Olbrechts, Hearing Examiner RE: Lakeland Villas Preliminary Plat FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION. PLT 12 -0001 INTRODUCTION The Applicant requests approval of a preliminary plat for an 81 lot single- family subdivision of a 10.1 acre parcel located within the Lakeland Hills Master Planned Community. The preliminary plat is approved subject to conditions. ORAL TESTIMONY Hillary Taylor, senior planner, stated that there are 29 findings in the staff report. The application is for a preliminary subdivision of 10.8 acres into 81 single - family residential lots with 7 tracts (tracts a -g). The property is located northeast of the intersection of Lake Parkway E and Thomas Ave. It is located in the southern portion of the Lakeland Hills South Planned Unit Development (PUD). The property is currently vacant and has a comprehensive plan designation of moderate - density residential. A SEPA determination of non - significance was issued on June 6, 2012. Comments were taken until June 25, but no comments were received. The staff report includes conditions for the original Lakeland Hills special area PUD. Staff found compliance with conclusions 1 -7 (including compliance with the comprehensive plan, chapters 1 -13). Recommendations and conditions are listed on pages 18 -21 of the staff report. Condition number 4 notes that certain items within the CCNRs need to be updated and shall be updated prior to the execution of a public extension agreement. There is a correction to the staff report on page 13 within the discussion of the park requirement. The parent lot of lot 131 has an associated park requirement. Park of the park requirement was fulfilled by the Lakeland East Plat such that there should be a credit of 4,544 sq ft towards the park requirement. The park requirement listed on page 13 should only be 10,456 sq ft. The Applicant has proposed to go beyond the requirement by providing 15,791 sq fl. Ms. Taylor noted that Pierce County previously approved a master plan for the area. Ordinance 5092 approved a PUD for the area. After the ordinance was adopted, the Lakeland East Plat was approved and created lot 131. Lot 131 is being subdivided into 81 single - family residential lots. In answer to some questions from the Examiner regarding the 15 year expiration period in the PUD ordinance, Ms. Chamberlain, senior planner, noted that there have been four amendments to the annexation utility agreement which have extended the expiration date. The 81 lots do not bring the Preliminary Plat P. 1 Findings, Conclusions and Decision ORD.D Page 247 of 324 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 development close to the 3,408 building cap set in the PUD ordinance. Lot 131 is not near the leading edge of the development. All of the off -site traffic mitigation has been completed. The storm facilities for the proposed area were incorporated into the Lakeland East Plat. The overall development of the PUD has satisfied the PUD storm drainage and erosion control condition. The Public Facilities Extension Agreement comes after the preliminary plat and before the final plat. It is an agreement accepting the civil plans as submitted (the civil review of the project). No construction will occur until the agreement is accepted. Eric Labrie, ESM Consulting Engineers, testified that the Applicant accepts all of the conditions proposed in the staff report. He noted that Public Facilities Extension Agreement is typically considered a site development permit. EXHIBITS The exhibits identified at p. 21 of the June 28, 2012 staff report are admitted into the record. In addition, the following exhibit admitted during the hearing: Ex. 8: Affidavit of publication. FINDINGS OF FACT Procedural: Applicant. The Applicant is CHG SF, LLC. 2. Hearin, The Hearing Examiner conducted a hearing on the application at City Council Chambers of Auburn City Hall on July 28, 2012, at 5:30 p.m. Substantive: 3. Site/Proposal Descri tion. The Applicant requests approval of a preliminary plat for an 81 lot single- family subdivision located within the Lakeland Hills Master Planned Community within the southern portion of the Lakeland Hills South Planned Unit Development (PUD).. The proposal includes seven tracts (Tracts A -G) which shall be maintained by a homeowner's association. The list of the tracts proposed can be found on the first page of the proposed preliminary plat. The preliminary plat is located at the intersection of Lake Tapps Parkway East and 62nd Street SE (also known as Thomas Avenue SE). The preliminary plat parcel has been subject to a long history of permit approvals, starting with the approval of the Lakeland Hills Master Planned Community while the property was still in Pierce County. In 1998 the City of Auburn adopted Ordinance 5092, which approved a portion of the Master Plan as the Lakeland Hills South Planned Unit Development. A portion of the PUD, in turn, has been subdivided as Preliminary Plat p. 2 Findings, Conclusions and Decision ORD.D Page 248 of 324 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Lakeland East Plat, and the proposed preliminary plat is a proposed subdivision of Lot 131 of the Lakeland East Plat. Ordinance 5092, which created the PUD, contained 92 conditions that apply to development of the PUD, including the proposed preliminary plat. Condition 1 of Ordinance 5092 granted the Hearing Examiner with the authority to review compliance with those conditions. P. 3 -10 of the staff report contains an analysis of applicable conditions, concluding they have been met by the proposal as conditioned. At hearing the Examiner had numerous questions of staff regarding the conditions and the examiner has concluded those conditions are met. The staff s analysis, findings and conclusions regarding the conditions at p. 3 -10 of the staff report is adopted and incorporated in this this decision as if set forth in full. 4. Characteristics of the Area. The subdivision is surrounded by detached single - family homes, multi - family homes and undeveloped residentially zoned parcels. 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. More specifically, impacts are addressed as follows: A. Environmental Resources. There are no mapped critical areas on site. There are no federal or state threatened or endangered fish or animal species on site. The conditions of approval and Chapter 15.74 ACC require the Applicant to prepare a temporary erosion control plan to mitigate against any erosion impacts of the proposal. B. Drainage. The lot has already been graded and the area has been designed through the Lakeland East subdivision review to be served by a public storm facility that is already in place that serves the subdivision just north of the proposed subdivision. The conditions of approval require the subdivision to divert stormwater runoff from the proposed development to the facilities approved in the Lakeland East subdivision. The conditions also require that prior to the execution of a public facilities extension agreement the Applicant shall show evidence of storm drainage conveyance systems that shall provide means for water quality and quantity control including but not limited to catch basins, and /or grass lined swales, prior to discharge. A Department of Ecology Construction Stormwater General Permit is required prior to site work commencing. The ACC has been recently updated with the latest National Pollutant Discharge Elimination System to ensure that stormwater discharge facilities protect water quality and effectively control water volume. C. Aesthetics. The Applicant submitted a preliminary landscape and irrigation plan (sheets 7 and 8 of the preliminary plat drawings), pursuant to ACC Section 17.12.210 and City of Auburn Design Standards. The Applicant is required to meet the standards set forth in the "Master Landscape Plan for Lakeland South" dated July 31, 2001 which includes an approved plant list. As conditioned prior to the issuance of an approved facilities extension agreement the Applicant shall provide a final landscape plat that meets the standards of ACC 17.12.210 and the standards set forth in the "Master Landscape Plan for Lakeland South ". Preliminary Plat p. 3 Findings, Conclusions and Decision ORD.D Page 249 of 324 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D. Noise. The conditions of approval extensively mitigation construction noise and also require that homes within 250 feet of the east -west corridor right of way incorporate noise insulation measures. Chapter 8.28 ACC also prohibits unreasonable noise levels. As conditioned and as regulated the proposal will not create any significant adverse noise impacts. 6. Adequacy of Infrastructure and Public Services. The proposal will be adequately served by public infrastructure. Drainage has already been addressed under adverse impacts above. In general, the streets, sidewalks, storm drainage facilities, and sewer mains will be required to meet the City's Design and Construction Standards in future engineering review. These facilities will be reviewed as pant of the facility extension, grading, and civil plans to be submitted by the Applicant. The following more specifically addresses other infrastructure and services: A. Water. Water will be provided by the Bonney Lake Water Service District. As conditioned the Applicant will provide a water availability certificate as part of the final plat application to show adequate water supply exists for the project. The project is conditioned to require the Applicant to provide for the most up to date methods of water conservation. B. Sewer. Sewer service will be provided by the City of Auburn Public Works Department, which already serves a subdivision across the street from the proposal. Each new single family home will be charged $1,353.14 at the time of building permit issuance to pay back the infrastructure development of the North Tapps Sewer Pump Station. The project is conditioned to require the Applicant to show construction plans for sewer stubs to the parcels adjacent to all sewer main extensions prior to the execution of a public facilities extension agreement. C. Transportation. Review by the City's Transportation Division finds that a traffic impact analysis was previously completed for this project as part of the Lakeland East plat process. Street frontage improvements along all adjoining roads have already been constructed, except for landscaping. Traffic impact fees are required at Agenda Subject: Lakeland Villas Plat; PLT12 -0001 Date: Tune 28, 2012 the current Lakeland residential fee rate of $ 1088.65 per Single family residence. The Applicant has provided the required landscaping in its proposed preliminary plat. Per City of Auburn Construction Standards Table 1 Finding of Fact No. 23 in the staff report provides that all street frontage improvements have been completed yet Condition 20 recommended in the staff report requires the Applicant to construct have street improvements for 0" Street. It is unclear if all of the 65'1' street improvements have in fact been constructed. The Applicant is expected to construct all frontage improvements required by City Code shall be completed prior to the approval of a final plat. Preliminary Plat p. 4 Findings, Conclusions and Decision ORD.D Page 250 of 324 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 -18 Summary Matrix of Minimum Street Design Requirements, internal roads of the proposed subdivision shall be constructed including a 50 foot right of way which will include a 28 foot paved surface, two 5.5 landscape strips, two 5 foot sidewalks, illumination, street trees and storm drainage. Parking is allowed on one side of the street only. "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed prior to City acceptance of road construction as "complete ". A cul -de -sac right of way width of 90 feet is required for the two cut -de -sacs proposed. The project is also conditioned to require the scheduling of construction traffic during off- peak hours to reduce congestion within the city. D. Sidewalks. All internal roads and all street frontages are or will be developed with sidewalks on both sides of the street. E. Schools. Adequate provisions are made for schools through the payment of school impact fees at the time of building permit issuance. This proposal is located in Auburn School District #408. A school access analysis has been performed by the Applicant for the subject property, and the analysis shows that the proposed neighborhood will be served by Auburn School Bus #408. The Applicant stated that due to the location the proposed plat would not support a school walking route, but that the neighborhood children would be served by school bus routes. F. Parks. The Lakeland Hills South PUD has 750 acres dedicated for park use. The subject property, as shown in Sheet 7 of Ex. 4, has 15,791 square feet dedicated for a park in the center of the subdivision. As conditioned this neighborhood park will be maintained by a homeowner's association required for the project. Although the staff report as corrected notes that 10,456 sq ft is required" for the proposal it doesn't identify where the requirement comes from so it is difficult to determine whether the parks provided by the project is adequate" under City standards. However, there is no evidence in the record to contest staffs finding that the parks provided by the project is adequate so it is determined for this decision that the 15,0791 square feet provided by the Applicant is sufficient to satisfy the demand for parks created by the project. G. Fire Protection. Demand placed upon the Valley Regional Fire Authority will be mitigated by the payment of applicable fire impact fees. The conditions of approval require a fire prevention plan for the construction of the proposal and also require that all the building constructed at the site be planned and designed to facilitate fire prevention. Fire hydrants and water mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. Auburn City Code 13.16.060(M) requires the maximum distance between hydrants for a single - family use district shall be 600 feet, Preliminary Plat p. 5 Findings, Conclusions and Decision ORD.D Page 251 of 324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 measured as the fire vehicle lays its hose. This regulation will insure that any house in the area will be located within 300 feet of a fire hydrant. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 14.03.030(F) provides the Hearing Examiner with the authority to conduct a hearing and make a final decision on applications for a preliminary plat. Substantive: 2. Zoning Designation. The property is zoned Lakeland Hills PUD SFD -5. 3. Review Criteria and Applicatio n. ACC 17.06.070 governs the criteria for preliminary plat approval. Relevant criteria are quoted below with corresponding conclusions of law. Preliminary Plat Standards: ACC 17.07.070(A): Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage nays, streets, alleys, other public ivays, water supplies, sanitary ivastes, parks, playgrounds and sites for schools and school grounds. 4. As identified in Finding of Fact No. 5 and 6, the proposal is adequately served by all public services and utilities required in the criterion above. As further determined in Finding of Fact No. 5 there are no adverse impacts associated with the proposal. Given the absence of any adverse impacts in conjunction with adequate public facilities, it is concluded that adequate provision is made for the public health, safety and welfare. ACC 17.07.070(B): Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. 5. The staff's analysis of consistency with the comprehensive plan at pages 13 -16 of the staff report is adopted and incorporated by this reference as if set forth in full. ACC 17.07.070(C): Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. Preliminary Plat p. 6 Findings, Conclusions and Decision ORD.D Page 252 of 324 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. As determined in Finding of Fact No. 3 , the proposal is consistent with the extensive conditions of approval adopted by the City Council in its adoption of the Lakeland Hills South PUD. The staff report also notes that the proposal is consistent with Vision 2040 of the Puget Sound Regional Council which supports infill development as encouraged by the Growth Management Act, Chapter 36.70A RCW. ACC 17.07.070(D): Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. ACC 17.02.030: The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the slate and the city, and to: A. Prevent the overcrowding of land; B. Lessen congestion and promote safe and convenient travel by the public on streets and highways; C. Promote the effective use of land; D. Provide for adequate light and air; E. Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW,- H. Adequately provide for the housing and commercial needs of the citizens of the state and city; I Require uniform monurnenting of land divisions and conveyance by accurate legal description; J. Implement the goals, objectives and policies of the Auburn comprehensive plan; K Prevent or abate public nuisances. 7. The project is consistent with the purposes of the Land Division Ordinance as enumerated above. The roads designed for the project are safely designed to meet traffic demand and sidewalks on both sides of the subdivision street promote pedestrian safety. The Lakeland Hills South PUD ordinance provides for setbacks that provide for adequate light and air. The PUD ordinance prevents overcrowding by setting aside land for wetland protection and an extensive network of parks and open space. As previously discussed, the project is consistent with and implements the Auburn Comprehensive Plan. As previously determined the proposal is adequately served by all essential public facilities and it is consistent with the comprehensive plan. As conditioned the final plat development will require accurate legal description. Preliminary Plat uniform monumenting of new lots and conveyance by p. 7 Findings, Conclusions and Decision ORD.D Page 253 of 324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACC 17.07.070(E): Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and spedfrcations as adopted by the City. 8. The proposed project meets the regulations outlined in ACC Section 18.76 Lakeland Hills PUD District'. The lots are designed to meeting the following requirements: Minimum lot width of 40 feet Minimum lot size of 2,370 square feet. The smallest lot is 3,083 square feet, the largest lot is 6,056 square feet, and the average of all the lots is 3,081 square feet. The future single family residences will be required to meet the minimum setbacks and lot coverage for SFD -5 as outlined in ACC 18.76 Planned Unit Development District (PUD) -- The streets, sidewalks, storm drainage facilities, and sewer mains will be required to meet the City's Design and Construction Standards. These facilities will be reviewed as part of the facility extension, grading, and civil plans to be submitted by the Applicant. ACC 17.07.070(F): The potential environrnental impacts of the proposed subdivision are mitigated such that the preliminary plat tivill not have an unacceptable adverse effect upon the quality of the environment. 9. As determined in Finding of Fact No. 5 there are no significant adverse impacts associated with the proposal. A determination of non - significance was also issued on June 6, 2012. ACC 17.07.070(G): Adequate provisions are made so the preliminary plat tivill prevent or abate public nuisances. 10. The City's detailed development standards and the extensive conditions of approval for this decision as well as those adopted by the City Council for the Lakeland Hills South PUD will make it unlikely that any public nuisance will be created or facilitated by subdivision design. Chapter 8.12 ACC authorizes the City to abate nuisances should any occur. DECISION The proposed preliminary plat, as described in the Ex. 1 -3, is approved subject to the following conditions: 1. Prior to the execution of a public facilities extension agreement and as part of the final plat application the Applicant shall provide a water availability certificate to show adequate water supply exists for the project. Preliminary Plat P. 8 Findings, Conclusions and Decision ORD.D Page 254 of 324 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that water system improvements shall be designed, located, and constructed to avoid significant adverse environmental impacts. Commercial and residential developments shall be required to utilize the most up -to -date `methods of water conservation' in place at the time the preliminary plat is approved. 3. Prior to the execution of a public facilities extension agreement the Applicant shall show construction plans for sewer stubs to the parcels adjacent to all sewer main extensions. 4. Prior to the execution of a public facilities extension agreement the Applicant shall work with staff to document with the Covenants, Conditions, and Restrictions the future Home Owners' Association (HOA) maintenance responsibility for the landscaping, park and pedestrian access tracts. All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners' Association. 5. Prior to the execution of a public facilities extension agreement the Applicant shall demonstrate to the satisfaction of the City Engineer that the sight distance design meets the City's horizontal and vertical sight distance standards at the intersection of Road A and Thomas Avenue SE. 6. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence of site development plans for the development that shall be consistent with the most current version of the Auburn City Code and Comprehensive Plan in place at the time the preliminary plat was deemed complete, and shall maximize the use of retention systems and low impact development technology in the HOA recreation and landscaping tracts whenever feasible. The plans shall be consistent with the Final Storm Drainage Master Plan. 7. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence of location of storm drainage facilities that shall follow the most current requirements of the Auburn City Code in place at the time the preliminary plat was deemed complete, and other applicable ordinances. 8. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence of storm drainage conveyance systems that shall provide means for water quality and quantity control including but not limited to catch basins, and /or grass lined swales, prior to discharge. 9. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence of a temporary erosion and sedimentation control plan. The temporary erosion control plan must include erosion control measures for development of any project up through completion of all structures. Erosion control facilities must be installed, and subsequently, inspected and approved by the City prior to site clearing. All necessary erosion control facilities must be properly maintained during all phases of site development to prevent debris, dust, and mud from accumulating on the City right -of -way and /or adjacent property. The Applicant shall show evidence that all work associated with stabilizing slopes and other disturbed areas shall be in accordance with Section 8 -01 of the 2009 City of Auburn Energy Construction Standards, and the 2008 Standard Specifications for Road, Bridge, and Municipal Construction, or the latest version thereof in place at the time the preliminary plat is approved, unless approved otherwise by the City. Preliminary Plat P. 9 Findings, Conclusions and Decision ORD.D Page 255 of 324 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that emissions from construction equipment and trucks shall be kept to a ininimum by using relatively well maintained equipment, and by avoiding prolonged periods of vehicle idling and use of engine powered equipment. 11. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that all construction materials trucked to the site shall be scheduled to minimize congestion during peak travel times. This will minimize secondary air pollution caused by traffic having to travel at reduced speeds. 12. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that particulate matter (dust) produced during construction phases shall be controlled by watering roads, and paving or graveling high use construction roads. 13. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that all construction noise shall be kept to a minimum by the utilization of mufflers, engine intake silencers, engine enclosures, turning off idle equipment, and restricting hours of construction activities from 7:30 a.m. to 5:00 p.m., Monday through Saturday. 14. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that stationary equipment shall be placed at the southern portion of the site. Where this is infeasible, or where noise levels are expected to exceed `EDNA Class A' Classification portable noise barriers shall be placed around the equipment with the opening pointed away from the noi them portion of the property. 15. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that construction vehicles shall not travel through Lakeland Hills North or other residential areas unless no other access is available. In no case shall construction vehicles travel through Lakeland Hills North once direct access is available from the site from East Valley Highway. 16. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that significant measures shall be taken during construction activities to provide on -site security. Street lighting should be provided for residential and commercial developments and building and site designs should be considered that will reduce opportunities for crime to occur. 17. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that during construction of residential development disturbed areas shall be revegetated during the next growing season. 18. Prior to the execution of a public facilities extension agreement a fire prevention plan shall be developed for the construction activities, particularly for areas storing flammable materials, and submitted to the City or review and approval prior to beginning operations. 19. Prior to the execution of a public facilities extension agreement the Applicant shall show evidence that the quasi - public spaces have been designed to accommodate recycling. Space should be provided to accommodate recycling receptacles where trash receptacles are provided in centralized locations. 20. Prior to the execution of civil plans the Applicant shall show evidence that half street improvements shall be implemented for 65th Street South in accordance with City Design and Construction Standards. Preliminary Plat P. 10 Findings, Conclusions and Decision ORD.D Page 256 of 324 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21. Prior to the execution of civil plans that include streetscape plans, the plans must reflect a ratio of 0.67 street trees in the right of way per dwelling unit, evenly spaced throughout the plat. 22. Prior to the execution of civil plans the Applicant shall demonstrate to the satisfaction of the City Engineer that the sight distance design meets the City's horizontal and vertical sight distance standards with the existing sight distance easement along Lake Tapps Parkway established as part of the Lakeland East Plat recording number 200901095001. 23. Prior to the execution of civil plans the Applicant shall provide a final landscape plan that meets the standards of ACC 17.12.020 and the standards set forth in the Master Landscape Plan for Lakeland South ". 24. Prior to the execution of civil plans the Applicant shall show on the plans the construction of offsite improvements to Thomas Avenue SE including the reconstruction of the median, any changes to street lighting, channelization, pavement markings and the creation of a new thermoplastic crosswalk at the north leg of the intersection of Thomas Avenue SE and Lake Tapps Parkway if one does not already exist. 25. Prior to the issuance of a permit for any site work the Applicant must show evidence of a Department of Ecology Construction Stormwater General Permit. 26. Prior to the issuance of the final plat the Applicant shall show evidence of uniform monumenting of lots and conveyance by accurate legal description. 27. Prior to approval of final plat a condition establishing a parking ratio of 0.3 legal on - street parking spaces per dwelling unit, evenly spaced throughout the plat, shall be shown on the face of the final plat. 28. At the time of submittal for individual building permits design professionals shall use known methods to significantly reduce impacts from outdoor noise such as insulation, airtight exteriors, and thicker walls, windows, glass, and ceilings shall be incorporated into building designs of structures located within 250 feet of the east - west corridor road right of way. 29. At the time of submittal for individual building permits design professionals shall use known measures to reduce noise impacts shall be incorporated into site and building designs located within 250 feet of the right of way including, but not limited to, larger setbacks from arterial roads, orienting courtyards or public areas behind buildings as far as feasible from traffic and limiting areas where heavy truck traffic is permitted. 30. At the time of submittal for individual building permits design professionals shall use known measures to facilitate fire prevention (excluding sprinkler systems). Single and multi- family homes shall be built with rated roofs. 31. To decrease the impact of single occupancy vehicle trips added to the City road systems and State highway, property owners shall institute a ride- sharing program though its homeowners association established pursuant to recorded CCRs on the property. The ride - sharing program shall include at least one information system for each plat and multi- family project such as a cominuter board or telephone answering service to facilitate matching riders with vehicles. Participation in the ride - sharing program among residents shall be voluntary. The homeowner's association will Preliminary Plat P. 11 Findings, Conclusions and Decision ORD.D Page 257 of 324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provide an annual report to the City as to the effectiveness of the ride - sharing program. Dated this 30th day of July 2012. Phil 4lbreclrts City of Auburn Hearing Examiner Appeal Right and Valuation Notices decision is final subject to appeal to superior court as governed by Chapter 36.70C property owners may request a change in valuation for property tax purposes anding any program of revaluation. Preliminary Plat p. 12 Findings, Conclusions and Decision ORD.D Page 258 of 324 i I CITY OF .may C,tRTIIF1CATiE OF :UMPROVEMENT-S WASHINGTON FINAL PLAT APPLICATION FAC12-0006 COMPLETION OF IMPROVEMENTS The required improvements for the Final Plat of have been completed in accordance with the Land Division Ordinance and the City of Auburn's standards and specifications City Engineer Date SECURITY IN LIEU OF COMPLETION In lieu of the required public improvements for the Final Plat of Lakeland Villas, an approved security Performance Bond for$168,882.24 (125% of the estimated costs of improvements) has been submitted and approved by the City Engineer. p l H STL 8 27)/3 City Engineer Date 1. The developer has provided references and demonstrated a minimum of 3 years successful, non-defaulted plat development experience in the Puget Sound region. 2. The bond/security is based on the following costs: Street Trees/ Sod $ 49,845.37 Street 119,036.87 Top Lift of Asphalt Adjusting Utilities to Grade Installing Monuments cc: File: FAC12-0006 Elizabeth Chamberlain, Planning Services Manager Kyle Lublin, SSHI, LLC dba D. R. Horton ORD.D Page 259 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4985 Date: August 27, 2013 Department: Parks/Art and Recreation Attachments: Res 4985 Exhibit A Freegame Field Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4985. Background Summary: The City of Auburn applied for and was awarded grant funds in the amount of $60,000 for a free game play area at the new Lea Hill park. Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Backus Staff:Faber Meeting Date:September 3, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 260 of 324 RESOLUTION NO. 4 9 8 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY ACCEPTING GRANT FUNDS FOR YOUTH SPORTS FACILITIES WHEREAS, King County is the manager of the Youth Sports Facilities Grant Program; and WHEREAS, King County has selected the City of Auburn to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opportunities, and WHEREAS, there is no matching obligation in the acceptance of these funds; and WHEREAS, the acceptance of the grant funds will benefit the citizens of Auburn NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement between the City and King County grant funds in the amount of $60,000, which agreement shall be in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No 4985 August 14, 2013 Page 1 of 2 RES.A Page 261 of 324 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 APPRO O FORM: D iel B Heid, City Attorney Resolution No. 4985 August 14, 2013 Page 2 of 2 RES.A Page 262 of 324 @. q Exhibit K;Ng CDU'Al PJ\4s 0 t'a kgKingCounty Youth Sports Facilities Grant Scope of Services Please detail the scope of work to be performed under this contract as described in the YSFG application. You may use and expand upon the application text. Please be thorough in your description of both the entire project and how the YSFG grant will be spent on your project. The Scope is as follows 1.Remove existing home from park site, grade the site and develop drainage and other park amentities such as picnic shelter,playground, skatespot and walking path 2.Provide Base Course and Install Synthetic Surface for Freegame Court 3.Fumish and Install new Goals,and Approprite walls and fencing for 16 by 28 Meter Freegame Court system 1 i 1RES.A Page 263 of 324 4S S t s} s "' a F p f .7" y 7' x _.a 1 r t r t k - e S J' r^' Y _. r R. r k t 'I Yu PROJECT COSTS TOTAL PROJECT MATCH Totals: PROVIDED YSFG REQUEST 214,000 154,000 S60,000 RES.A Page 264 of 324 Department or ExecptiVe SaNlces Finance and 0uslness operaeons DNlsron Procurement and contract Se W Ices emceon Equal Benefits Chlneok Building,CNK-FS-0340 401 Pinh Avenue,3rd Floor,Seatde,WA 96104 Compliance Declaration Kin®County 206-263-9400 Try Relay;71l Fax:206.796-7676 1 King County cannot award a contract until you submit the attached Wodr3heel and this Declaration. i, AAro-A B.Plax- on behalf of Name) Conl Cr>litnF J4M uM ctorNarrre) stale that the Contractor complies with Igng County Ordinance 14823 and related rules because It: iSelecttheOptionthatappliesandsignform,boloW): Option Makes benefits available on an equal basis to all its non-union and union employees with spouses and Its employees with a domestic partner(samc-sox and opposite-sex)OR legally domiciled member of household. option Does not make ANY benefits available to the spouses or the domestic partner OR legally domiciled member of household of employees, Option C Has no employees. i Option D Has received approved authorization from i4ru County Procurement and Contract Services to delay Implementation of equal benefits due to a Collective Bargaining Agreement,Open Enrollment,or Internal Administrative steps.(Substantial Compliance Authorization Femur attached). ALTERNATE COMPLIANCE OPTION D Instructions Prior to seleang this Option D,the contractor must complete and return an alternate compliance form to King County.Upon approval,the form will be returned to be Included as an attachment to this Declaration.The Substantial Compliance Authorization Form can be found at: http•1llvw++idnacounl eov/o oerationsbrocurement/FormslEaual Benefitsasax Statement of Noncompliance state that the Contractor does not comply and does not Intend to comply with King County Ordinance 14823 and related rules for this conbaci. I declare undor penalty of perjury under the laws of the State of Washington that the foregoing Is correct and true, and that I am authorized to bind this entity contractually. Executed this, ayts day of 3 4 Haf _,20 j3,at Anba c/(v) state) RA"' p Signature Name(Please print.) t 6Ma1 .r Rtl s618 a)Er _ el!I- cool -aaa Tttle Federal Tae Identification Number as Wes+ mi Sj!akl VIA 98bv1- u.17 Address U_042_E6 WorkBheeCDedaraaon.dao,Rev.0012009 Page 3 of 3 j i 4 v I 1 RES.A Page 265 of 324 Employee Benefit Employees Spousas DPILDMH Bughl'asa Travel(not mileage) N you No Yes &No Yea No Mamtier Discounts,facllltfes,events Yes ®No E]yes Q No El as No Other(specify): g I$I Yes No Yes No Yes No Other(spsclfO: Yea No Yes Na Yes No I If all of the checked boxes In the"Spouses"and"DPILDMH"columns match for all non-union and,If my,all union employees{sea 5.below),select Option A on Page 3 on the attached Deoiaration.OR: If ANY of the checked boxes in the"Spouses"anti"DPILDMH"columns do NOT match,please reviewOptionDonPage3ofattachedDeclarationtoseeifyouqualifyforalternatecompllance.For all other Contract compliance inquiries,contact King County Procurement and Contract Servloes Section of 2116-263-9400. A. IF YOU HAVE UNION EMPLOYEES a, Are any benefits pvallable to the spouses of union employees? .............®Yes No i b. Are any benefits available to the DPILDMH of union employeas?............0 Yes No If the answer to either Question 4fa1 or lb)Is"VES" continua to Question b. 5. BENErIT6 AVAILABLE FOR UNION EMPLOYEES Pleasp Indicate whigh union benefits are available 611 the list below.All instructions noted In SeellOn3applyhere,}J91@:,lJriton benefits may be controlled by a trust,and the eligibility of DP/LQMH may berestrictedbya'Unlon Trust Administrator.Please contact 11369 County Procurement and ContractSeMcesSectional206-263-6400 to)eam how to apply for a Colloollve Bargaining Delay. Em IoyeoBenefit Emplo ees Souses DPILDMH Health care Yes No Yes No Yes No Dental Care a Yes No ' Yes No ,Yes d NO Vision Care N Yes No Yes No. Q Yes No Life Yes No Yes No Yes ENO Disability Yea No Yes No Yes No Pension/Rellrement Yes No Yes' No Yes No yereavement Leave Yes .(]No Yes Nc Yes No Family L.ea'Ve Yes El No []Yos _No Yes L3 No Relocation MoVin E enses Yea No Yes No El Yes No Business Travel in Yes El No Yes ljNo Yes No Member Dlsceunts fa Illtles,events .Q Yes Vj No Yes No Yes N No Other(s ocl : .a Yes No Yes m No Yes No Others self : Yes No Yes No Yes Q No if all of the checked boxes In the"Sppusas'and"OP/LDMHn.calumns match for all union and,If any,ellnon-unlon amplcybes(see 3.above};spleot Option A on Page 3 of this Declaration,OR: If ANY of the cheoke,d boxes In the'Spouses'and WiLDMH"columns do NX match,please reviewOptionDOnPageofattachedDeclarationtoseeIfyouqualifyforalternatecompliance.For ail other Contract compliance fnquh'les,contact King County Procurement and Contract Services Section pt 206-263-9400. U_042_E9_Workshee DOOlerallon.doc,Rev.0912009 Paget of i RES.A Page 266 of 324 i Department or Executive services kg Flnance and Business Dporatlons Dlvlslon Procurement and contract Services Section Equal Benefits Chinook Building,CNK-FS-0340C{401 Flfth Avenue,9,d flour,Seoul WA 9BiQ4 Compliance Worksheet langcounty 20r 2639400TTY Relay:711-Fact!206,296-7676 iRettnthls'Wodcshect,Dcncicuatton,and any attached altornate complfanre f0MIS to VJtig County Name of Contractor. ( ,T a A146W n ContactPerson: .— _Ba bt^ Phone Number: a 0 - r09e Fax; (1C3j 8oN-316 _ E-mail; alhA luv'/W_ 6N^n Wad nom_ Approximate Numbcr of Employees In the U,S, ._3`(, Sollcitatlon/Contmot* 1. EMPLOYEE INFORMATION e. Do you have any employees?.... ..........................•.......,.....................,,.,IN yes No b. If 1.a is yes,are they Union,Non-Union,OR both?........................... ......N Union CS Non Union If the answer to Question la Is"NO."(you DO NOT have any employees);you do not need to complete the remainder of the worksheet.select Option C on the attached Declaration. 2. IFyou HAVE NONUNION EMPLOYEES a. Do you make any benefits available to employees? paid by employer or frop.........................................................................NYCS No b. Do you make any benefits available to the spouses of employees? Paid by oinployer or noIj............:..........................:...............................:N Yes No c. Do you make any benefits availuble to the domestic partner(OP)OR legally domiciled member of household(OMH)of employees? Sarn"ex and Opposite-sex)IPald by employer or not]:........................N Yes No if the answers to both questions 2(bl and 2(c)are"NO."(benefits offered to neither employees' spouses nor employees'DP or LDMH);so ect Option B on the attached Declaration. If the answer to either Question 2(b)or 2(cl Is"YES".continue to Question 3. 3, BENEFITS AVAILABLE FOR NON-UNION EMPLOYEES Indicate which benefits are madeavailable.below.Check"Yes"for any benefit that Is available, paid for or not(same&opposite-sex).check"No"If not available.Available might mean a death benefit for Pension 0oint annuity)or Disability can be paid to DPILDMH. Bereavement leave polloles must be equal for a DKDMH.Fah111Y leave must Include an on"1111e1's DPILDMH and their dependants.If moving exponseslRelocation Inbreaseawhen Including a rouse,they most also Increase for DPILDMH. Ergployeo Benefit Employees Spouses DP/LOMH Health Cate N Yes No N Yes No N Yes .No Dental Care N Yes No. N Yes No ER Yes No_ Vision Care Yes [.1 No ®Yes No 'N Yes 0 No Ufa El Yes 0 No 0 Yes No N Yes No Disability IrJ 2I Yes •No ®Yes No CD Yes TNo V onlRetlroment A Yes No N Yes No ®Yes No vement Leave 6!j Yes No Yes ®No Yes W No y Leave N Yes No Yes N No Yes N No ation(Moving Expenses) 0 Yes N No Yes [ONO Yes R1 No U_047,,,PB Wad<shseLDedarollon doc,Rev.098009 Page late r:' .` iI I I RES.A Page 267 of 324 Fenn W-9 Request for Taxpayer Glve Forin to the fRev.oecan,9r2ou) Identification Number and Certification requester, I not pensdmenl of the Yreasury sand l0 tIID IRS. Inlvrnd aevu,w 6enke Noma(aa shown M your Income IoM relunA CITY OF AUBURN 9$;', Bwlrourlamoydure6arded m4ry dada,Od'llerenHram above Check eppropdelo bon to led"tex ciassilio lNe: ledMd.W.-Ile wope0101 cc«mreuon accm«aton eanro,WP lrusveswo NantaJ llebitty c«npeny.Enler(he lox Ganlrcnton(C=C dorpareu.n,a=9 corp«olbn,P=parNemhip)P E."Pt payee O 4 Olhor(eea lnatmctbnsy GOVERNMENT Adirse (camber,ebaa6oe wLp rvWtena) Requester's name s,,d atl,Hnv lopllonli 26 WEST MAIN ST At City,slate,and ZIP Code AUBURN WA 80001 List eeceunt numbo(o her.(opuand) Taxpayer Identification Number JTINJ Enter your TIN in the apiomptiato box.The TIN provided must match the nama Olson on the 'Nam social sacum,Unebw IIr-'Ir- IIm1 re avoid eloh,s ft phoning. For isre arde en is yourtheP IInolynuons an 1.Fovothor mentities[al loy,are employer Identification disregarded eddy,Bee the Part Inot ructions page3.For otherentities,4 b your employer Iden118calion numher(EIN).I(you old not have a number,see How to fief e TIN on page 3. Note.It the account to In more[Ilan on a name,see the chart on page 4 lot guidelines on whose employer ltlenliiloalbnnumbe number to enter. 8 1 - 5 0 0 1 2 2 0 Certifioatlon Under penalties of perjury,I eertlly that; 1. 'file number shown on this form Is my correct taxpayer Idanll Ilcellun number for I am walling for a number to be Issued tome),and 2.1 am not subject to backup withholding because:(al I am exempt from backup withholding,or(D)I have not been notified by the Internal RevenueService(IRS)that I em subleut to backup withholding as a result of a failure to report all Interest or dMdenda,or full the IRS has notified me that I am rw longer subject to backup withholding,and 3. 1 awn a U.S.Alien a other U.S.person(donned below). Certification Instructions,You most cross out Item 2 above If you have boon notified by the IRS that you we currently su timer to backup withholding because you have taxed to report all Interest and dividends on your tax return.For real estate transactions,Item 2 does not apply.For mortgage Interest paid,acgldslllon or ahandomddnt of secured property,cancellation of cubit contrbutons to an Individual retirement arrangement(IRA],and generally,psymeNS other than Interest and dividends,you am not required to elan the conllbaton,but you must provide your correct TIN.See the Hru Codson eg " e a L o r r n coin General InstrtdottoYls Note.its requester 8k'es you a form other than Form W-8 to yequesl your TIN,you must use the requmler'e form Ifit Is substantially slmllar Section romeencee are to the Internal Rovonue Code Unless otherwise to ttv.Form W-e. noted. Condition of a U.S.person.Forfedsml tax purposes,you are Purpose of Forltf considered a U.S.person if you are: A person who Is required to 1IPo an Inormallon return will,One IRS trust •An Individual vino Is a U.S.citizen or U.S.resident anon, obtain your correct taxpayer identification number(TIN)to report,for A partnership,corporation,company,or association created or exempt%Income peld to you,real estate barr eelbns,mortgage Interest organized In the United Slates a under the Imes of the United Stoles, you pai d,acqulsMun a abandonment of secured property,Cancellation .An estate loth at than a foreign estate),or of debt,or contributions you,leads to on IRA. A domestic trust(as dellned In Regulators section 301.7701-7), Use Farm W-9 only 11 you are a U.S.person(Including aresltiont Special rules for partnerships.ParinerBtUpa trial conduct atrade a aloy,to provide your correct 11N to the person requesting It(the business In the UN led States we generally required to pay a withholding requester)end,when applicable,to: tax on any foreign owners'share of Income ride such bust nose. 1.Certify If el the TIN you are giving Is cormot(or you are walling for a Further,In certain cases whore a Form W-9 has not boon received,a number to be Imebod), pannemhip Is required to presume that a partner Is a foreign person, 2.Certify that you are ral subject to backup withholding,or and pay thewithholding lax.Therefore,ll you are a U.6.pursue that Is a 3.Clotm exemption from backup withholding It you are n US.exempt partner In s part anship conducting a trade or business In the United payee.If applicable,you are also canllirg that as a U.S.person,your Stales,provldd Form W-9 to the partnership to setebleh your U.S. a8ocab!e shwa of any partnership Income from a US.trade or business statue and avoid withlholrng or your share of partnership Income. Is not sub)oot to who withholding lax on fwalgn partners'share of effectively connected Income. GU.No 19431x Farm W-9(ReV.12.4911) RES.A Page 268 of 324 YOUTH SPORTS FACILITIES GRANT CONTRACT-2013 Depantment/Division Natural Resources and Parks / Parks Division Agency: Auburn Parks&Recreation Project Title: Lea Hill Park FreeGame Synthetic Court Contract Amount:60,000 Cost Center: 355000 Contract Period From: January 1,2013 To Deceinber31,2014 Contract Number: 5520804 Project Number: K13001 THIS CONTRACT is entered into by KING COUNTY(the"County"), and Auburn Parks&Rcereation(the Agency"),whose address is 910 9th Street SE,Auburn,WA 98002-, WHEREAS,Kung County is the manager of the Youth Sports Facilities Grant(YSFG)Program; WHEREAS,the Agency is either a public agency or a non-profit organization whose land or facility will provide recreational or athletic opportunities primarily to youth under 21 years of age; WHFREAS, King County ties selected the identified agency to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opportunities; WHEREAS, the Agency and/or landowner whose property will receive these improvements will develop,program,operate,and maintain the facility to address a recreation need in King County; WHEREAS, Kung County has the authority under KC Ordinance 10454 to enter into agreements for the use of King County funds by public agencies and/or non-profit organizations to provide a service to the publ ic, This form is available in alternate formats for people with disabilities upon request. Page 1 of 13 RES.A Page 269 of 324 NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,to be made and performed by the parties hereto,the parties covenant and do mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits,which are incorporated herein by reference: Scope of Services Attached hereto as Exhibit I Budget Attached hereto as Exhibit II hrvoice Voucher Attached hereto as Exhibit HI Reporting Attached hereto as Exhibit IV Design Documents Attached hereto as Exhibit V Insurance Certificate Attached hereto as Exhibit VI W-9 Attached hereto as Exhibit VII Equal Benefits Attached hereto as Exhibit VIII 2. TERM OF CONTRACT This Contract shall commence on the I-q day of Jarmarv,2013,and shall expire on the 31st day of December 2014,unless extended or terminated earlier,pursuant to the terms and conditions of the Contract. 3. PREMISES This grant project is located at: Lea Hill Park,Auburn Commonly known as (Facility Name),and referred to herein as"the Premises." 4. PARTIES All communication,notices,coordination, and other tenets of this Contract shall.be managed by: On behalf of King County: Butch Lovelace,YSFG Program Manager King County Department of Natural Resources and Parks 201 South Jackson Street,Suite 700 Seattle,WA 98104-3855 Email:butch.lovelacegDkin comrty.grov Phone:206.263.6267 a s Page 2 of 13 1 3 RES.A Page 270 of 324 On behalf of: Daryl Faber Auburn Parks&Recreation 910 9th Street SE Auburn,WA 98002 Email: dfaber@aubuinwa.gov Phone:(253)931-3041 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Contract after the agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 30 days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date this Contract expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection,the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. 6. OPERATING BUDGET When a budget is attached hereto as exhibit II,the Agency shall apply the funds received from the County under this Conti-act in nceordance with said budget. If, at any time during the Term of this Contract,the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed 10% of the Contract amount, then the Agency shall request an amendment to this Contract. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the following manner: A. Plaque: At the time of project completion or dedication, whichever comes fast, the Agency shall install on or near the facility a plaque provided by the County that notes King County as a fiscal sponsor. B. Events: The Agency shall invite and recognize King County Parks at all events promoting the project during construction,and at the final project dedication. 1 C. Written material: The Agency shall recognize King County Parks as a fiscal sponsor in all brochures, banners, posters, press releases and other promotional material related to the Project. Page 3 of 13 i RES.A Page 271 of 324 8. PUBLIC ACCESS;PRIORITY OF USE; SCHEDULING The Agency shall to the greatest extent reasonably possible make the project available for use by the general public without imposing unreasonable requirements for public use. The Agency shall to the greatest extent reasonably possible give priority of use to persons under the age of twenty- one. Fees for use of the project shall be no greater than those generally charged by public operators of similar facilities in King County The period of time that the Agency must provide public access and priority of use is based on the level of County finding as set forth below. If the facility is removed from public recreational use before the end of the specified period, then the Agency shall reimburse the County's funding on a pro rata basis, determined by dividing the number of years of lost public use by the total years of required dedication, multiplied by the total County grant amount. By way of example only, if the County makes a $10,000 grant to Agency X, then the agency's project must be dedicated to public use and priority of use by youth for 5 years. If Agency X eliminates public access to the project after 3 years, such that 2 years of public access and youth priority are lost,then Agency X must repay the County$4,000(2/5 * 10,000=$4,000). Range of County Grant Required Perlod of Dedicated Public Use/Youth Priority 0-$14,999 5 15,000$29,999 8 30,000-$49,999 12 50,000475,000 15 If the completed project is subject to scheduling or reservation for use,then the Agency shall post the use schedule and the Agency's scheduling or reservation policies,practices,and information in a highly visible location near the project and/or on their website; and the Agency shall permit the public to schedule or reserve use of the completed project consistent with the requirements of this section 8. Agency's duties under this section 8 will survive the expiration or earlier termination of this contract. 9. GREEN BUILDING King County is oommittM to promoting and using green building practices in construction projects.Though not required,King County strongly encourages practices that conserve resources, use recycled content materials,maximize energy efficiency, and otherwise consider environmental, economic and social benefits in the design and construction of a building project. i 10.INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington(RCW) Chapter 40.14. Page 4 of 13 RES.A Page 272 of 324 11.MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six(6)years after the expiration or earlier termination of this Contract unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington(RCW)Chapter 40.14. C. The Agency shall inform the County in writing of the location,if different from the Agency address listed on page one of this Contract, of the aforesaid books, r'ecord's, documents, and other evidence and shall notify the County in writing of any changes in location within ten 10)working days of any such relocation. 12.RIGHT TO INSPECT Icing County reserves the right to review and approve the performance of Agency with regard to this Contract, and, at its sole discretion, to inspect or audit the Agency's records regarding this Contract and the Project upon reasonable notice during normal business hours. 13.COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency,in cooperation acrd agreement with the owners of the Premises,shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act(MSHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that Icing County, does not waive this section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Contract. 14.CORRECTIVE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time,as may be defined by King County in its sole discretion in its written notification to the Agency B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. Page 5 of 13 s a a iRES.A Page 273 of 324 15.TERMINATION A. The County may terminate this Contract in whole or in part, with or without case, at any time during the Term of this Contract, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Contract beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Contract will terminate automatically at the close of the current appropriation year. 16.FUTURE SUPPORT;UTILITIES AND SERVICE The County makes no corrunitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Contract. The Agency understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the construction, operation,maintenance,or use of the project contemplated herein. 17.HOLD H 1RAHXSS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend,indemnify, and hold harmless King County, its appointed avid elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Contract,or the Agency's exercise of rights and privileges granted by this Contract, except to the extent of the County's sole negligence. The Agency's obligations under this section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents;and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW. but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from the Agency. I In the event it is determined that RCW 4.24.115 applies to this Contract, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or daruage to property(hereinafter"claims"),arising out of or in any way resulting from the Agency's officers, employees, agents mid/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under Page 6 of 13 RES.A Page 274 of 324 this Contract, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Contractor or Subcontractor Agreements entered into by Agency in conjunction with this Contract. Agency's duties under this section 17 will survive the expiration or earlier termination of this contract. 18. INSURANCE A. Liability Insurance Requirements.Notwithstanding any other provision within this Contract, the Agency shall procure and maintain the following Minimum Limits of Insurance and shall require their contractors to procure and maintain: 1. Commercial General Liability. (to include Products-Completed Operations) insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Contract. General liability insurance shall be as broad as that provided by Commercial General Liability occurrence"form COON 1 (Ed. 11/85). The insurance limits shall be no less than One Million dollars ($1,000,000) combined single limit per occurrence and Two million dollars ($ 2,000,000) in the aggregate for bodily injury and property damage 2. Automobile Liability. Insurance Services form number CA 00 01 (Ed. 1/80) any auto.If the grant includes the use of automobiles,the Limit of Liability shall be no less than One Million dollars($ 1,000,000)per occurrence. 3. Workers Compensation/Stop Gap. If the recipient or its contractors has employees, parties shall provide Statutory Workers Compensation coverage and Stop Gap Liability for a limit no lessthan One Million dollars($1,000,000) 4. ProfessionalLiabili . If the grant includes the use of Professional Services, a Per Claim/Aggregate Limit of$ 1,000,000.shall be provided. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than $ 5,000.00 in value, the Agency shall provide "All Risk" Builders Risk or Property" coverage for the fall replacement value of the project/property built/pumhmed. King County shall be listed as a Loss payee as our interests may appear C. King Comity and its officers, officials, employees and agents shall be covered as additional iusured with inspect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products-Completed Operations. D. To the extent of the Agency's or its contractor's negligence,their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance and shall not benefit their in any way Page 7 of 13 i RES.A Page 275 of 324 The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought,subject to the limits of the insures liability. E: Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid,until after thirty(30)days' prior written notice has been given to and change in coverage accepted by King County. F; The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A VIII. The Agency must provide a Certificate of Insurance and Additional Insured Endorsement to the(Exhibit VII),and upon written request of the County, provide a duplicate of the policy as evidence of insurance protection. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. H. The Agency's duties under this section 18 shall survive the expiration or earlier termination of this Agreement. The Agency understands,acknowledges and agrees that for the relevant period of public use set forth in section 8,the Agency shall maintain insurance and name the County as an additional insured,all of which shall be consistent with the requirements of this section 18. 19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment During performance of this Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by ntinimun age and retirement provisions,unless based upon a bona fide occupational qualification. B. Equal Employment Opportunity Efforts The Contractor will undertake, and require all Subcontractors to undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex,race, color,marital status, national origin,religious affiliation,disability, sexual orientation, gender identity or expression or age. Equal employment opportunity efforts shall include,but not be limited to,the following: employment, upgrading,demotion or transfer; recruitment or recruitment advertising; layoff or tennination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post, and to require Subcontractors to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.J, "equal employment opportunity efforts"shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. Ref:KCC 12.16.020. I 1 Page 8 of 13 RES.A Page 276 of 324 C. Equal Benefits to Employees with Domestic Partners Pursuant to Ordinance 14823, King County's "Equal Benefits" (EB) ordinance, and related administrative rules adopted by the County Executive, as a condition of award of a contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses, and employees with domestic partners during the performance of this Contract. Failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach. D. Nondiscrimination in Subcontracting Practices. During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers front and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin,religions affiliation,disability,sexual orientation,gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. E. Compliance with Laws and Regulations. The Contractor and all Subcontractors shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, Chapter 49.60 RCW, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Contract. The Contractor and all Subcontractors shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced rut the contract documents. F. Small Contractors and Suppliers Policy. Policy. It is King County policy that Small Contractors and Suppliers(SCS)have equitable opportunities to participate in the performance of goods and services contracts issued by King County, and that contractors and subcontractors shall afford equal opportunity in employment while providing supplies and services for and to Icing County. Inquiries and Infomation Regarding King County Certified SCS Firms. Direct inquiries on how to apply for SCS certification, or obtain a list of King County Certified Firms to the King County Business Development and Contract Compliance(BDCC) office by telephone at 206-263-9734. Information about becoming a King Comity Certified SCS Firm, as well as aDirectory of King County Certified Finns is available at:http://www.icingcounty.gov/bdcc. Definitions.The following definitions shall apply throughout this Section. 1. "Administrator"means the Director of Finance. 2. "Certified SCS Finn" means a business that has applied for participation in King County's Contracting Opportunities Program, and has been certified as an SCS by the King County BDCC office. Page 9 of 13 RES.A Page 277 of 324 3 "Small Contractor or Supplier" or"(SCS)"means that a business and the person or persons who own and control it are in a financial condition, which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Contracting Opportunities Program is based on a dollar ceiling for standard business classifications that is set at fifty percent (50 94%) of the Federal Small Business Administration (SBA) small business size standards using the North American industrial Classification System NAICS),and an Owners'Personal Net Worth less than$750K dollars. G. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended(Section 504) and the Arnerican with Disabilities Act of 1990 as amended(ADA). Pursuant to Title B of the ADA,and Section 504,King County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Contractor agrees that it shall provide all programs, set-vices,and activities to County employees or members of the public tinder this Contract in the same manner as King county is oblicated to under Title II of the ADA, and Section 504 and shall not deny participation of the benefits of such setvices, programs, or activities to people with disabilities on the basis of such disability Failure to comply with this Section 7.1.11 shall be a material breach of, and grounds for the immediate termination of,this Contract. The Contractor agrees to provide to persons with disabilites access to programs, activities and services provided under the Contract,as required by the disability access laws as defined by KCC 12.16. The Contractor shall not discriminate against persons with disabilities in providing the Work. rn any subcontracts for the programs, activities and services under their Contract,the Contractor shall include the requirement that the Subcontractor provide to persons with disabilities access to programs, activities and services provided tinder the Contract, as required by the disability access laws as defined by KCC 12.16; that the Subcontractor shall not discriminate against persons with disabilities in providing the Work under the Contract; and that the Subcontractor shall provide that the County is a third party beneficiary to that required provision. H. Sanctions for Violations-Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable lacy. 21. CONFLICT OF INTEREST KCC Chapter 3,04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said I{CC Chapter shall be a material breach of contract. 22.POLrTICALACTMTXPROHIBTI'ED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Page 10 of 13 i RES.A Page 278 of 324 23.PROJECT MAMNANCE: EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSIIIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in any way. B. The Agency shall be responsible for all properly purchased pursuant to this Contract, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Contract funds. D. Tlne Agency's duties trader this section 23 shall survive the expiration of this Agreement. 24.NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing;and B. Directed to the person specified in Section 4 of this Contract. C. Any such notice shall be deemed to have been given on the date of delivery,if mailed,on the third(3rd)business day following the date of mailing;or,if sent by fax, oar the first(1st) business day following the day of delivery thereof by fax.Notice smart solely by a-mail shall not be a sufficient form of notice under this Contract. D Either party may change its address,fax number or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. In the event of interruption or threatened interruption in postal service,such notice shall be delivered addressed as aforesaid or sent by fax. 25. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 26. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. Page 11 of 13 RES.A Page 279 of 324 27. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach mid shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. 28. TAXES Ube Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however,that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 29. WASHINGTON LAW CONTROLLING;WHERE ACTIONS BROUGHT This Contract is made in and will be in accordance with the laws of the State of Washington,which will be controlling in any dispute that arises hereunder. Actions pertaining to this Contract will be brought in King County Superior Corot,King County,Washington. 30. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and arc not intended to be a part of this Contract or in any manner to define, Ihuit,or describe the scope or intent of this Contract or the particular paragraphs to which they refer. 31. PUBLICDOCUMFNT This Contract will be considered a public document and will be available for inspection and copying by the public. 32. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make,the County and the Agency a partner of one another, and this Contract will not be construed as creating a partnership or joint venture. Nothing in this Contract will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 33. SINGULAR AND PLURAL Wherever the context will so require,the singular will include the plural and plural will include the singular. Page 12 of 13 RES.A Page 280 of 324 34. PERMITS AND LICENSES The Agency will obtain and maintain,at its own and sole costs and expense,all necessary permits, licenses and approvals required for the Project. 35. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation,the County decision will govern and will be binding upon the Agency 36. POLICE POWERS OF THE COUNTY Nothing contained in this Contract will diminish,or be deemed to diminish,the governmental or police powers of the county 37. ENTIRE AGREEMENT This Contract, including its attachments,constitutes the entire Contract between the County and the Agency. It supersedes all other agreements and understandings between them,whether written,oral or otherwise. KING COUNTY AGENCY FOR King County Executive Signature Date NAME(Please type or print),Title Date Page 13 of 13 RES.A Page 281 of 324 KOMPAN. FREEGAME o I t 10 r R oc Click on a button to view info"ation about the equipment NA j N 9 i RES.A Page 282 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4986 Date: August 27, 2013 Department: Public Works Attachments: Res 4986 Exhibit A Exhibit B Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4986. Background Summary: The City’s water supply plan is designed to provide adequate water to support expected population growth to the point when the City completely occupy’s its boundary. This point is know as full build-out and is expected to occur in approximately 2054. The water supply plan strategy to get the City to full build-out includes a combination of improving city owned water sources and purchasing wholesale water from other purveyors to meet the projected demands. The Cascade Water Alliance (Cascade) has water for sale and is making it available to the City at discounted rate utilizing the City’s existing connections with Tacoma Water (Tacoma). Cascade has two types of water supply available with the first being a permanent block of water known as the 4 Million Gallons per Day (MGD) of which the City would buy 2.5 million gallons per day (MGD). The second type is a temporary block of water known as the 6 MGD reserve supply of which Auburn would buy 2.736 MGD. The temporary 6 MGD reserve supply will need to be converted to permanent water at some point in the future. Converting temporary water to permanent water requires paying the difference between Cascade’s price and Tacoma’s permanent water system development costs. These costs are detailed in the reserve supply agreement. There are two purchase agreements accompanying the attached Resolution: Exhibit A permanent water supply agreement; Exhibit B reserve supply agreement. Cascade Purchase Costs and Payment Structure AUBURN * MORE THAN YOU IMAGINEDRES.B Page 283 of 324 l The cost for the 2.5 MGD (permanent supply) credit is $7,893,300.00 to be paid over 13 years with an interest rate of 3.2%. Payments begin in 2017. l The cost for the 2.736 MGD (temporary supply) credit is $1,427,864.00 to paid over 13 years with an interest rate of 3.2%. Payments begin in 2017. l For the permanent water purchase, Cascade has agreed to defer the City’s first payment until 2017. The payment schedule would not impact current rates and planned rate increases through 2016. l For the temporary water purchase, Cascade has also agreed to defer the City’s first payment until 2017. The combined payment schedules for both the combined permanent and temporary supply would not impact current rates and planned rate increases through 2016. l The City does not need to make a decision on payment for the temporary water supply until June 30, 2017. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:September 3, 2013 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 284 of 324 RESOLUTION NO. 4 9 8 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS BETWEEN THE CITY OF AUBURN AND CASCADE WATER ALLIANCE FOR THE PURCHASE AND SALE OF CREDITS RELATING TO PERMANENT AND RESERVE WHOLESALE WATER SUPPLY CAPACITY WHEREAS, the City of Auburn has a duty and responsibility to provide water to its community; and WHEREAS, in February 2010, the City of Auburn entered into the 2010 Lake Tapps Area Water Resources Agreement that provided, among other things, for Cascade Water Alliance (Cascade) to assist the City in meeting its projected 50-year water supply needs; and WHEREAS, in February 2013, Cascade informed the City of the availability of a water supply opportunity; and WHEREAS, the City confirmed its desire to purchase a System Development Charge Credit from Cascade for both 4 Million Gallon per Day ("MGD") Permanent, and 6 MGD Reserve Wholesale Water Supply. 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 Agreements between the City and Cascade Water Alliance for the Purchase and Sale of Credits Relating to Permanent and Reserve Wholesale Water Supply Capacity, which agreements shall be in substantial conformity with the agreements attached hereto as Exhibits A and B and incorporated herein by this reference. Resolution No. 4986 August 21, 2013 Page 1 of 2 RES.B Page 285 of 324 Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 12013. CITY OF AUBURN PETER B LEWIS, MAYOR ATTEST- Danielle E. Daskam, City Clerk APPROVED AS TO FORM: 56 Darnel IT Heid, City Afforney Resolution No. 4986 August 21, 2013 Page 2 of 2 RES.B Page 286 of 324 Exhibit A D R A F T AGREEMENT FOR THE PURCHASE AND SALE OF CREDITS RELATING TO PERMANENT WHOLESALE WATER SUPPLY CAPACITY THIS AGREEMENT ("Agreement") is made and entered into as of this ___ day of _________ 2013 ("Effective Date"), by and between the City of Auburn, Washington ("Auburn"), and Cascade Water Alliance, a joint municipal utilities services authority organized under Chapter 39.106 RCW ("Cascade"). The City and Cascade are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, in 2005, in order to meet Cascade’s immediate and long-term water supply needs, Cascade purchased from Tacoma a supply of water both permanently and for a finite period of years pursuant to an "Agreement for the Sale of Wholesale Water"; WHEREAS, on February 5, 2010, Cascade and the Cities of Bonney Lake, Buckley, Sumner and Auburn entered the 2010 Lake Tapps Area Water Resources Agreement (the “Four Cities Agreement”) that provided, among other things, for Cascade to assist the four cities in meeting their projected 50-year water supply needs; WHEREAS, on December 31, 2012, Cascade and Tacoma entered the Amended and Restated Agreement for the Sale of Wholesale Water (the “Amended and Restated Agreement”) that provided, among other things, for Tacoma to make available to the four cities a water supply to be purchased directly from Tacoma as a wholesale customer and to recognize credit for the System Development Charges that Cascade had previously paid to Tacoma; WHEREAS, Cascade and Tacoma sent a letter, dated February 11, 2013, to inform Auburn of the availability of the “substitute” water supply opportunity and related time limitations and procedures for acting on the opportunity (“Joint Letter”); WHEREAS, Auburn timely approved, signed, and delivered the Confirmation Notice, dated May 21, 2013, to confirm Auburn’s election of the substitute supply opportunity and its desire to purchase a System Development Charge Credit from Cascade as to the 4 MGD Wholesale Water Supply (“Confirmation Notice”); and WHEREAS, the Joint Letter and Confirmation Notice are set forth in Exhibit A hereto and are incorporated by reference in this Agreement; NOW, THEREFORE, IN CONSIDERATION of the recitals stated above, which are incorporated herein, and the mutual covenants and conditions herein contained, the Parties agree as follows: RES.B Page 287 of 324 Page 2 of 8 AGREEMENT 1. Definitions. “4 MGD Wholesale Water Supply” means an average annual 4 MGD wholesale water supply from Tacoma, with a Peaking Factor of 1.33, and a maximum peak day of 5.32 MGD, all as provided in the Amended and Restated Agreement. “Amended and Restated Agreement” means the “Amended and Restated Agreement for the Sale of Wholesale Water” by and among Cascade and the City of Tacoma, Department of Public Utilities, Water Division, dated December 31, 2012. “Confirmation Notice” means the document, dated May 21, 2013, in which Auburn confirmed its election of the substitute supply opportunity in fulfillment of Cascade’s obligation in the Four Cities Agreement to assist with Auburn’s projected 50-year water supply needs (attached in Exhibit A). “Four Cities Agreement” means the "2010 Lake Tapps Area Water Resources Agreement among the Cities of Auburn, Bonney Lake, Buckley and Sumner, and Cascade Water Alliance," dated February 5, 2010. “MGD” means million gallons per day. “Joint Letter” means the letter, dated February 11, 2013, from Cascade and Tacoma to Cities of Auburn, Bonney Lake, Buckley and Sumner that is attached hereto in Exhibit A. “Notice of Confirmation of System Development Charge Credit” means a notice, given by Cascade to Tacoma at the request of Auburn, confirming the amount of the System Development Charge Credit (if any) to be applied to the System Development Charge otherwise due and payable by Auburn to Tacoma in connection with a wholesale water supply agreement. “System Development Charge” or “SDC" means the system development charge imposed upon wholesale customers by Tacoma in its wholesale water regulations. “System Development Charge Credit” means a credit to be applied in a wholesale water supply agreement against the System Development Charge otherwise due and payable by Auburn to Tacoma. The System Development Charge Credit is expressed in million gallons per day (MGD) units and in dollars. “Tacoma” means the City of Tacoma, Department of Public Utilities, Water Division. RES.B Page 288 of 324 Page 3 of 8 2. Term of Agreement. This Agreement takes effect on the first date that both Parties have duly approved, signed, and delivered the Agreement to the other Party. The term of the Agreement will commence on the effective date and will end on December 31, 2029 or the date that Auburn has fully paid Cascade for the price of the System Development Charge Credit consistent with Sections 3 and 4 of this Agreement. 3. Purchase of 4 MGD System Development Charge Credit & Price. Auburn agrees to purchase and Cascade agrees to sell a System Development Charge Credit regarding the 4 MGD Wholesale Water Supply in the quantity of 2.5 MGD annual supply capacity (3.32 MGD peak supply capacity). In consideration for said System Development Charge Credit, Auburn will pay to Cascade a total price of $7,893,300.00 as of the date that this Agreement takes effect. The parties agree that Auburn will pay interest at an annual rate of 3.2% on the balance due beginning in 2017 and continuing until the balance is fully paid and this Agreement terminates. Auburn will pay the total price by making an annual payment in 2017-2029 according to the annual payment schedule set forth in Section 4 below. This schedule incorporates interest at a rate of 3.2% on the balance due, beginning in 2017. Under this schedule the total of annual payments including interest is $10,105,806.00. 4. Annual Payment Schedule. Auburn will make annual installment payments to Cascade to pay for the System Development Charge Credit as to the 4 MGD Wholesale Water according to the following payment schedule: Payment Schedule Year Amount Year Amount 2014 0 2022 $934,805 2015 0 2023 $934,805 2016 0 2024 $934,805 2017 $252,586 2025 $934,805 2018 $252,586 2026 $934,805 2019 $252,586 2027 $934,805 2020 $934,805 2028 $934,805 RES.B Page 289 of 324 Page 4 of 8 2021 $934,805 2029 $934,805 Total $10,105,806 Each year the annual payment shall due and payable by Auburn to Cascade on or before June 30 of the year in which such payment is due. If full payment of any annual payment is not received by Cascade on or before the date due, such payment shall be considered past due, and the unpaid amount shall accrue additional interest, from the date due until the date paid, at a rate per day equal to 0.03 percent per day. Upon not less than fifteen (15) days' advance notice to Cascade, the City may in any given year prepay without penalty any one or more of the next successive annual payments. Upon such notice, Cascade will provide Auburn documentation of the amount due for such payment, and adjustments to any remaining payment schedule, net of related interest incorporated into the above payment schedule. 5. Notice of Confirmation of System Development Charge Credit. Within 30 days after this Agreement takes effect, Cascade will send to the Tacoma Water Superintendent a Notice of Confirmation of System Development Charge Credit regarding the 4 MGD Wholesale Water Supply in the quantity of 2.5 MGD annual supply capacity. Cascade will provide a copy of the Notice to Auburn when it is sent to Tacoma. 6. Wholesale Water Supply Purchase Negotiations with Tacoma. In order to use the System Development Charge Credit and secure a wholesale water supply from Tacoma, Auburn acknowledges that it must make an offer, complete negotiations, and enter a wholesale water supply agreement with Tacoma consistent with the Joint Letter and Confirmation Notice set forth in Exhibit A and with the Amended and Restated Agreement. Auburn acknowledges and agrees that Cascade makes no representations or warranties as to the outcome of such negotiations, the Tacoma wholesale water supply that Auburn may (or may not) be able to purchase, or otherwise. 7. Effect on Four Cities Agreement. The Parties agree that this Agreement constitutes full performance by Cascade of its obligations under Section 3(a) of the Four Cities Agreement. Accordingly, Section 3(a) of the Four Cities Agreement shall be of no further force or effect as between Cascade and Auburn. Other provisions of the Four Cities Agreement are unaffected by this Agreement and remain effective according to their terms. 8. Notices. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: Cascade Water Alliance: City of Auburn: RES.B Page 290 of 324 Page 5 of 8 520 112th Avenue NE, Suite 400 Bellevue, Washington 98004 Attn: Chief Executive Officer Phone: (425) 453-0930 Fax: (425) 425-453-0953 __________________ __________________ __________________ __________________ __________________ A Party may change its address from time to time by providing notice to the other Party. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the next business day following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 9. Dispute Resolution. In the event that any dispute arises between Cascade and Auburn, the aggrieved Party shall give a notice of the dispute to the other Party. Cascade and Auburn shall, within five (5) days of such notice, each nominate a senior officer of its management to meet at a mutually agreed location, to attempt to resolve such dispute. The Parties shall each designate a representative(s) to confer on the best and most cost effective way to resolve the dispute. By mutual agreement, they may choose direct negotiations or mediation. If there is no agreement between the Parties on how to proceed within thirty (30) days, either Party may pursue legal action; provided, however, no Party shall be precluded from filing an appeal or action to prevent the expiration of a time period for filing or any statute of limitations. If a Party fails to perform its obligations hereunder, then it shall be in default hereunder unless the defaulting Party cures an event of default, whether monetary or non-monetary, within thirty (30) days after receiving written notice from the other Party of such default. Subject to the procedures set forth in Section 9 (Dispute Resolution), if a Party is in breach or default of its obligations arising under this Agreement, the other Party shall have and shall be entitled to exercise any and all remedies available to it at law or in equity (including the right to specifically enforce this Agreement), all of which remedies shall be cumulative. 11. Attorneys’ Fees. If any Party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other Party with respect to this Agreement, and in the further event that one Party shall substantially prevail in such action, the losing Party shall, in addition to all other payments required therein, pay all of the prevailing Party’s reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney’s fees in the trial court and in any appellate courts. 12. No Assignment. This Agreement is specific to the Parties and may not be assigned in whole or in part. RES.B Page 291 of 324 Page 6 of 8 13. Non-Waiver. No delay or failure by a Party to exercise any of its rights, powers or remedies under this Agreement following any breach by another Party shall be construed to be a waiver of any such breach, or any acquiescence therein, or of or in any similar breach thereafter occurring, nor shall any waiver of any single breach be deemed a waiver of any other breach theretofore or thereafter occurring. 14. No Third Party Beneficiary. This Agreement is for the sole and exclusive benefit of the Parties and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. 15. Integrated Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements with respect thereto; provided, however, that this Agreement shall be interpreted or construed together with the Amended and Restated Agreement, the Joint Letter, and the Confirmation Notice. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by the Parties. 16. Signature in Counterparts. This Agreement may be executed in counterparts and all of those counterparts taken together shall constitute one and the same instrument. 17. Representations of the Parties. Each Party represents and warrants that it has duly approved, executed, and delivered this Agreement and that it has all necessary authority to enter into this Agreement and to perform its terms and obligations. Each Party represents and warrants that the approval, execution, and delivery have been duly authorized by the appropriate board or council, and no other act or proceeding on the part of any Party is necessary to authorize entry into or performance of this Agreement. IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date. RES.B Page 292 of 324 Page 7 of 8 City of Auburn: By: Title: Date: Cascade Water Alliance: By: Chuck Clarke Title: Chief Executive Officer Date: RES.B Page 293 of 324 Page 8 of 8 Exhibit A [Joint Letter signed by Cascade and Tacoma, dated February 11, 2013, and the Confirmation Notice signed by Auburn, dated May 21, 2013.] RES.B Page 294 of 324 Exhibit B D R A F T AGREEMENT FOR THE PURCHASE AND SALE OF CREDITS RELATING TO FINITE WHOLESALE WATER SUPPLY CAPACITY THIS AGREEMENT ("Agreement") is made and entered into as of this ___ day of _________ 2013 ("Effective Date"), by and between the City of Auburn, Washington ("Auburn"), and Cascade Water Alliance, a joint municipal utilities services authority organized under Chapter 39.106 RCW ("Cascade"). The City and Cascade are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, in 2005, in order to meet Cascade’s immediate and long-term water supply needs, Cascade purchased from Tacoma a supply of water both permanently and for a finite period of years pursuant to an "Agreement for the Sale of Wholesale Water"; WHEREAS, on February 5, 2010, Cascade and the Cities of Bonney Lake, Buckley, Sumner and Auburn entered the 2010 Lake Tapps Area Water Resources Agreement (the “Four Cities Agreement”) that provided, among other things, for Cascade to assist the four cities in meeting their projected 50-year water supply needs; WHEREAS, on December 31, 2012, Cascade and Tacoma entered the Amended and Restated Agreement for the Sale of Wholesale Water (the “Amended and Restated Agreement”) that provided, among other things, for Tacoma to make available to the four cities a water supply to be purchased directly from Tacoma as a wholesale customer and to recognize credit for the System Development Charges that Cascade had previously paid to Tacoma; WHEREAS, Cascade and Tacoma sent a letter, dated February 11, 2013, to inform Auburn of the availability of the “substitute” water supply opportunity and related time limitations and procedures for acting on the opportunity (“Joint Letter”); WHEREAS, Auburn timely approved, signed, and delivered the Confirmation Notice, dated May 21, 2013, to confirm Auburn’s election of the substitute supply opportunity and its desire to purchase a System Development Charge Credit from Cascade as to the 6 MGD Wholesale Water Supply (“Confirmation Notice”); WHEREAS, Cascade paid a capacity reservation fee to Tacoma that covers a portion of the System Development Charge for 6 MGD Wholesale Water Supply and Auburn will owe Tacoma the remaining balance of any System Development Charges for Auburn’s desired quantity, net of the credit purchased from Cascade under this Agreement; WHEREAS, the Joint Letter and Confirmation Notice are set forth in Exhibit A hereto and are incorporated by reference in this Agreement; and RES.B Page 295 of 324 Page 2 of 11 WHEREAS, the Parties have addressed the purchase of credits for the permanent, or 4 MGD Wholesale Water Supply, in a separate agreement, and the Parties set forth their agreement for purchase of credits for the 6 MGD Wholesale Water Supply in this Agreement. NOW, THEREFORE, IN CONSIDERATION of the recitals stated above, which are incorporated herein, and the mutual covenants and conditions herein contained, the Parties agree as follows: AGREEMENT 1. Definitions. “6 MGD Wholesale Water Supply” means an average annual of 6 MGD wholesale water supply from Tacoma, with a Peaking Factor of 1.33, and a maximum peak day of 7.98 MGD, all as provided in the Amended and Restated Agreement. The 6 MGD Wholesale Water Supply is the Tacoma supply of water for a finite period of years. “Amended and Restated Agreement” means the “Amended and Restated Agreement for the Sale of Wholesale Water” by and among Cascade and the City of Tacoma, Department of Public Utilities, Water Division, dated December 31, 2012. “Confirmation Notice” means the document, dated May 21, 2013, in which Auburn confirmed its election of the substitute supply opportunity in fulfillment of Cascade’s obligation in the Four Cities Agreement to assist with Auburn’s projected 50-year water supply needs (attached in Exhibit A). “Four Cities Agreement” means the "2010 Lake Tapps Area Water Resources Agreement among the Cities of Auburn, Bonney Lake, Buckley and Sumner, and Cascade Water Alliance," dated February 5, 2010. “MGD” means million gallons per day. “Joint Letter” means the letter, dated February 11, 2013, from Cascade and Tacoma to Cities of Auburn, Bonney Lake, Buckley and Sumner that is attached hereto in Exhibit A. “Notice of Confirmation of System Development Charge Credit” means a notice, given by Cascade to Tacoma at the request of Auburn , confirming the amount of the System Development Charge Credit (if any) to be applied to the System Development Charge otherwise due and payable by Auburn to Tacoma in connection with a wholesale water supply agreement. “System Development Charge” or “SDC" means the system development charge imposed upon wholesale customers by Tacoma in its wholesale water regulations. “System Development Charge Credit” means a credit to be applied in a wholesale water supply agreement against the System Development Charge otherwise due and payable by Auburn to Tacoma. The System Development Charge Credit is expressed in million gallons per day (MGD) units and in dollars. RES.B Page 296 of 324 Page 3 of 11 “Tacoma” means the City of Tacoma, Department of Public Utilities, Water Division. 2. Term of Agreement. This Agreement takes effect on the first date that both Parties have duly approved, signed, and delivered the Agreement to the other Party. The term of the Agreement will commence on the effective date and will end on December 31, 2029 or the date that Auburn has fully paid Cascade for the price of the System Development Charge Credit consistent with Sections 3 and 4 of this Agreement. In the event that Auburn elects not to confirm a quantity consistent with the terms of this Agreement or by notice selects a quantity of zero (0.000 MGD), then this Agreement will terminate. 3. Purchase of 6 MGD System Development Charge Credit & Price. Subject to Section 5 of this Agreement, Auburn agrees to purchase and Cascade agrees to sell a System Development Charge Credit regarding the 6 MGD Wholesale Water Supply in a maximum quantity of up to 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). Auburn shall confirm the specific quantity of the 6 MGD Wholesale Water Supply it will purchase in accordance with the procedure set forth in Section 5 below. Until Auburn confirms its System Development Charge Credit with Cascade consistent with Section 5 and enters a wholesale water supply agreement with Tacoma as set forth in the Joint Letter, Auburn will not have access to the 6 MGD Wholesale Water Supply. After Auburn has confirmed its System Development Charge Credit with Cascade consistent with Section 5 and entered a wholesale water supply agreement with Tacoma, then Auburn may begin to take delivery of wholesale water from Tacoma. In consideration for said System Development Charge Credit, Auburn will pay to Cascade a total price of $1,427,864.00, as of the date that this Agreement takes effect, for the quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). The parties agree that Auburn will pay interest at an annual rate of 3.2% on the balance due beginning in 2017 and continuing until the balance is fully paid and this Agreement terminates. Auburn will pay the total price by making an annual payment in 2017-2029 according to the annual payment schedule set forth in Section 4 below. This schedule incorporates interest at a rate of 3.2% on the balance due, beginning in 2017. Under this schedule the total of annual payments including interest is $1,977,128.00. In the event that Auburn confirms an amount less than the maximum quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity), the total applicable price and payment schedule will be adjusted downward on a pro rata basis. If Auburn elects not to confirm a quantity, or by notice selects a quantity of zero (0.000 MGD), then no payment shall be due. 4. Annual Payment Schedule. Auburn will make annual installment payments to Cascade to pay for the System Development Charge Credit as to the 6 MGD Wholesale Water Supply. In the event that Auburn purchases a System Development Charge Credit in the quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity), then the following payment schedule shall apply: RES.B Page 297 of 324 Page 4 of 11 Payment Schedule Year Amount Year Amount 2014 0 2022 $45,692 2015 0 2023 $45,692 2016 0 2024 $45,692 2017 $45,692 2025 $45,692 2018 $45,692 2026 $45,692 2019 $45,692 2027 $506,736 2020 $45,692 2028 $506,736 2021 $45,692 2029 $506,736 Total $1,977,128 In the event that Auburn purchases a System Development Charge Credit in a quantity less than 2.763 MGD annual supply capacity, then the Parties shall calculate and determine the applicable total price and payment schedule and the Parties shall agree on an updated payment schedule that will be documented as Exhibit B to this Agreement. Each year the annual payment shall due and payable by Auburn to Cascade on or before June 30 of the year in which such payment is due. If full payment of any annual payment is not received by Cascade on or before the date due, such payment shall be considered past due, and the unpaid amount shall accrue interest, from the date due until the date paid, at a rate per day equal to 0.03 percent per day. Upon not less than fifteen (15) days' advance notice to Cascade, the City may in any given year prepay without penalty any one or more of the next successive annual payments. Upon such notice, Cascade will provide Auburn documentation of the amount due for such payment, and adjustments to any remaining payment schedule, net of related interest incorporated into the above payment schedule. 5. Auburn Confirmation of Purchase Quantity & Termination Right On or before June 30, 2017, Auburn shall give notice to Cascade as to the specific quantity of the System Development Charge Credit that it will purchase, up to a maximum of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). Auburn’s notice must identify and confirm one of the following three courses of action: RES.B Page 298 of 324 Page 5 of 11 a) Auburn confirms purchase of a System Development Charge Credit in the quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). b) Auburn confirms purchase of a System Development Charge Credit in a specific quantity less than 2.763 MGD annual supply capacity (peak supply capacity to be determined by Cascade). c) Auburn confirms that it will not purchase an SDC Credit as to the 6 MGD Wholesale Water Supply, in which event this Agreement shall terminate and, except for Section 9, be of no further force or effect. If Auburn fails to give such notice to Cascade by June 30, 2017, or by notice selects a quantity of zero (0.000 MGD), then no payment shall be due and this Agreement will terminate. . In order to facilitate communications, the Parties agree to meet and confer during the month of March 2017, or before, about status of water supply planning and this Agreement. 6. Notice of Confirmation of System Development Charge Credit. Within 30 days after Auburn gives its notice to Cascade under Section 5 of this Agreement, Cascade will send to the Tacoma Water Superintendent a Notice of Confirmation of System Development Charge Credit regarding the 6 MGD Wholesale Water Supply. Cascade will provide a copy of the Notice to Auburn when it is sent to Tacoma. 7. Terms and Conditions of 6 MGD System Development Charge Credit. Auburn acknowledges that, as stated in the Amended and Restated Agreement, Cascade has paid to Tacoma a capacity reservation fee (i.e., $1,570,074.00 per MGD) for the 6 MGD Wholesale Water Supply that Tacoma will recognize as an System Development Charge Credit if all requirements of the Amended and Restated Agreement and the Joint Letter are met. However, the capacity reservation fee paid to Tacoma by Cascade covers only a portion of the System Development Charge for the 6 MGD Wholesale Water Supply. Accordingly, Auburn specifically acknowledges and agrees that it will pay Tacoma the remaining balance of any System Development Charges owing for Auburn’s desired quantity, net of the SDC Credit obtained from Cascade. Auburn specifically acknowledges and agrees that Tacoma’s SDC could increase and that Auburn will bear any increase in Tacoma’s SDCs that may take effect before Auburn and Tacoma enter a wholesale water supply agreement. Auburn understands that additional SDC payments to Tacoma will be required to convert the 6 MGD Wholesale Water Supply to permanent supply, in the event Auburn elects to do so pursuant to a future Auburn-Tacoma agreement. As an example calculation of Auburn’s combined costs based on Tacoma’s current SDC, the Parties have included an illustrative example in Exhibit C attached hereto. Exhibit C is not binding on any Party or Tacoma, and Exhibit C contains assumptions about Tacoma’s SDC and interest rates in the future that may or may not turn out to be accurate. Accordingly, Cascade makes no representations or warranties about the accuracy of Exhibit C. RES.B Page 299 of 324 Page 6 of 11 8. Wholesale Water Supply Purchase Negotiations with Tacoma. In order to use the System Development Charge Credit and secure a wholesale water supply from Tacoma, Auburn acknowledges that it must make an offer, complete negotiations, and enter a wholesale water supply agreement with Tacoma consistent with the Joint Letter and Confirmation Notice set forth in Exhibit A and with the Amended and Restated Agreement. Auburn acknowledges and agrees that Cascade makes no representations or warranties as to the outcome of such negotiations, the Tacoma wholesale water supply that Auburn may (or may not) be able to purchase, or otherwise. 9. Effect on Four Cities Agreement. The Parties agree that this Agreement constitutes full performance by Cascade of its obligations under Section 3(a) of the Four Cities Agreement. Accordingly, Section 3(a) of the Four Cities Agreement shall be of no further force or effect as between Cascade and Auburn. Other provisions of the Four Cities Agreement are unaffected by this Agreement and remain effective according to their terms. This section 9 shall survive termination of the Agreement in the event that Auburn elects not to purchase an SDC Credit. 10. Notices. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: Cascade Water Alliance: 520 112th Avenue NE, Suite 400 Bellevue, Washington 98004 Attn: Chief Executive Officer Phone: (425) 453-0930 Fax: (425) 425-453-0953 City of Auburn: __________________ __________________ __________________ __________________ __________________ A Party may change its address from time to time by providing notice to the other Party. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the next business day following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 11. Dispute Resolution. In the event that any dispute arises between Cascade and Auburn, the aggrieved Party shall give a notice of the dispute to the other Party. Cascade and Auburn shall, within five (5) days of such notice, each nominate a senior officer of its management to meet at a mutually agreed location, to attempt to resolve such dispute. The Parties shall each designate a representative(s) to confer on the best and most cost effective way to resolve the dispute. By RES.B Page 300 of 324 Page 7 of 11 mutual agreement, they may choose direct negotiations or mediation. If there is no agreement between the Parties on how to proceed within thirty (30) days, either Party may pursue legal action; provided, however, no Party shall be precluded from filing an appeal or action to prevent the expiration of a time period for filing or any statute of limitations. If a Party fails to perform its obligations hereunder, then it shall be in default hereunder unless the defaulting Party cures an event of default, whether monetary or non-monetary, within thirty (30) days after receiving written notice from the other Party of such default. Subject to the procedures set forth in Section 9 (Dispute Resolution), if a Party is in breach or default of its obligations arising under this Agreement, the other Party shall have and shall be entitled to exercise any and all remedies available to it at law or in equity (including the right to specifically enforce this Agreement), all of which remedies shall be cumulative. 12. Attorneys’ Fees. If any Party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other Party with respect to this Agreement, and in the further event that one Party shall substantially prevail in such action, the losing Party shall, in addition to all other payments required therein, pay all of the prevailing Party’s reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney’s fees in the trial court and in any appellate courts. 13. No Assignment. This Agreement is specific to the Parties and may not be assigned in whole or in part. 14. Non-Waiver. No delay or failure by a Party to exercise any of its rights, powers or remedies under this Agreement following any breach by another Party shall be construed to be a waiver of any such breach, or any acquiescence therein, or of or in any similar breach thereafter occurring, nor shall any waiver of any single breach be deemed a waiver of any other breach theretofore or thereafter occurring. 15. No Third Party Beneficiary. This Agreement is for the sole and exclusive benefit of the Parties and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. 16. Integrated Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements with respect thereto; provided, however, that this Agreement shall be interpreted or construed together with the Amended and Restated Agreement, the Joint Letter, and the Confirmation Notice. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by the Parties. RES.B Page 301 of 324 Page 8 of 11 17. Signature in Counterparts. This Agreement may be executed in counterparts and all of those counterparts taken together shall constitute one and the same instrument. 18. Representations of the Parties. Each Party represents and warrants that it has duly approved, executed, and delivered this Agreement and that it has all necessary authority to enter into this Agreement and to perform its terms and obligations. Each Party represents and warrants that the approval, execution, and delivery have been duly authorized by the appropriate board or council, and no other act or proceeding on the part of any Party is necessary to authorize entry into or performance of this Agreement. IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date. City of Auburn: By: Title: Date: Cascade Water Alliance: By: Chuck Clarke Title: Chief Executive Officer Date: RES.B Page 302 of 324 Page 9 of 11 Exhibit A [Joint Letter signed by Cascade and Tacoma, dated February 11, 2013, and the Confirmation Notice signed by Auburn, dated May 21, 2013.] RES.B Page 303 of 324 Page 10 of 11 Exhibit B Updated Annual Payment Schedule (To be completed by the Parties in the event Auburn confirms the purchase of an SDC credit in a quantity less than 2.763 MGD annual supply capacity) Year Amount 2014 0 2015 0 2016 0 2017 $______ 2018 $______ 2019 $______ 2020 $______ 2021 $______ 2022 $______ 2023 $______ 2024 $______ 2025 $______ 2026 $______ 2027 $______ 2028 $______ 2029 $______ Total $________ RES.B Page 304 of 324 Page 11 of 11 Exhibit C Illustrative Example of Total Auburn SDC Payments for Reserve Capacity Year Payment to Cascade Estimated Payment to Tacoma Total Estimated SDC Payment 2014 $0 $0 $0 2015 $0 $0 $0 2016 $0 $0 $0 2017 $45,692 $234,283 $279,974 2018 $45,692 $234,283 $279,974 2019 $45,692 $234,283 $279,974 2020 $45,692 $1,183,994 $1,229,686 2021 $45,692 $1,183,994 $1,229,686 2022 $45,692 $1,183,994 $1,229,686 2023 $45,692 $1,183,994 $1,229,686 2024 $45,692 $1,183,994 $1,229,686 2025 $45,692 $1,183,994 $1,229,686 2026 $45,692 $1,183,994 $1,229,686 2027 $506,736 $0 $506,736 2028 $506,736 $0 $506,736 2029 $506,736 $0 $506,736 Notes: 1) Estimated Payment to Tacoma is based on the following assumptions which are not assured: a) the current SDC; b) an interest rate of 3.2%; and c) a note term of 10 years structured with the first three years bearing only interest payments. Actual payments will be subject to Auburn’s completion of a wholesale supply agreement with Tacoma and related terms. 2) Does not include estimates of actual water rates for wholesale service from Tacoma. RES.B Page 305 of 324 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4987 Date: August 28, 2013 Department: Finance Attachments: Res 4987 Contract - Exhibit A Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4987 Background Summary: The City is in need of on-call civil engineering services at the Auburn Municipal Airport and would like to enter into a contract with Century West Engineering Corp. Contract is attached for review and discussion. Reviewed by Council Committees: Municipal Services, Public Works Councilmember:Peloza Staff:Coleman Meeting Date:September 3, 2013 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 306 of 324 RESOLUTION NO. 4 9 8 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND CENTURY WEST ENGINEERING CORP , FOR CIVIL ENGINEERING SERVICES AT THE AUBURN MUNICIPAL AIRPORT WHEREAS, The City is in need of on-call civil engineering services at the Auburn Municipal Airport; and WHEREAS, as provided for in Chapter 39.80 of the Revised Code of Washington, the City conducted a quality based selection, advertising, and negotiation process, and recommends that the City enter into a contract with Century West Engineering Corp; and WHEREAS, it is in the public interest for the parties to enter into an agreement for Civil Engineering Services. 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 Agreement between the City and Century West Engineering Services for civil engineering services at the Auburn Municipal Airport, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No 4987 August 28, 2013 Page 1 of 2RES.C Page 307 of 324 Dated and Signed this day of 12013 CITY OF AUBURN PETER B LEWIS, MAYOR ATTEST. Danielle E. Daskam, City Clerk APPRO D A ORM: Daniel B Heid, t Attdrn Resolution No. 4987 August 28, 2013 Page 2 of 2RES.C Page 308 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 1 of 11 EXHIBIT A AGREEMENT FOR CIVIL ENGINEERING SERVICES AUBURN MUNICIPAL AIRPORT THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and CENTURY WEST ENGINEERING CORP., an Oregon Corporation, whose address is 1020 SW Emkay Drive, #100, Bend, OR, 97702, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. The CONSULTANT, on a project basis, will be given individual task assignments (see Exhibit A, Sample Task Assignment) for work related to airport engineering and consulting, general civil engineering, environmental, and construction management/inspection services related to the Auburn Municipal Airport. These task assignments will describe the work to be completed, completion dates, and compensation amount. An approved task assignment shall be required between the CONSULTANT and the City prior to commencing any work for any individual task. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by five years after the date of execution of this agreement, and can be amended by both parties for succeeding years. RES.C Page 309 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 2 of 11 The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of God or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The CITY agrees to pay the CONSULTANT in accordance with the fee schedule outlined in Exhibit B for work performed under this Agreement in accordance with the scope of work set forth in each Task Assignment. Exhibit B is attached hereto and by this reference made a part of this Agreement. The compensation to be paid to the CONSULTANT shall not exceed the amount budgeted by the City in any appropriation year. Compensation to be paid to the CONSULTANT for authorized work in succeeding years will be contingent upon availability of funds. The CONSULTANT will not undertake any work or otherwise financially obligate the CITY in excess of the Task Assignment amount without a duly executed Addendum issued by the CITY. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No RES.C Page 310 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 3 of 11 permission for subcontracting shall create, between the CITY and subcontractor, any contract or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts shall contain all applicable provisions of this AGREEMENT. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally-accepted professional engineering standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, RES.C Page 311 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 4 of 11 damages, losses, or suits, including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries or damages caused by the sole negligence of the CITY. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S 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. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT’S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: RES.C Page 312 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 5 of 11 a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000.00 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate. The CITY shall be included as an additional insured under the CONSULTANT’S Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker’s Compensation coverage as required by the Industrial Insurance laws of the State of Washington. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the CONSULTANT had employees. However, the parties agree that a CONSULTANT who has no employees would not be required to have Worker’s Compensation coverage. d. Professional Liability insurance appropriate to the CONSULTANT’S profession, with limits no less than $1,000,000.00 per claim and $1,000,000.00 policy aggregate limit. RES.C Page 313 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 6 of 11 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: a. The CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY. Any insurance, self insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT’S insurance and shall not contribute with it. b. The CONSULTANT shall notify the CITY immediately if their insurance is cancelled. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. RES.C Page 314 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 7 of 11 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a RES.C Page 315 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 8 of 11 public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph “(b)” of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. RES.C Page 316 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 9 of 11 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. RES.C Page 317 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 10 of 11 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Joseph Rosnak on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Century West Engineering Corp. Attn: Shelley Coleman Attn: Joseph Rosnak 25 W Main Street 1020 SW Emkay Drive, #100 Auburn WA 98001 Bend, OR 97702 Phone: 253-804-5019 Phone: 541.322.8962 Fax: 253-288-3132 Fax: 541.382.2423 E-mail: scoleman@auburnwa.gov E-mail: jrosnak@centurywest.com 13.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 13.9 or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. RES.C Page 318 of 324 --------------------------------------------------------------- Agreement for Civil Engineering Services 8.26.13 Page 11 of 11 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. CITY OF AUBURN Peter B. Lewis, Mayor Date ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Century West Engineering Corp. BY: Title: Federal Tax ID # RES.C Page 319 of 324 Exhibit A Agreement No. AG-C-xxx Page 1 of 1 EXHIBIT A TASK ASSIGNMENT AGREEMENT #: TASK #: xxx-xxxx-xxx CONSULTANT: PROJECT #/Name: The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: $ Completion Date: Scope of Work: Approvals Consultant Project Manager: Signature: Date: City Project Manager: Signature: Date: City Mayor, if Task Assignment is over $5,000.00: Signature: Date: Note: If this task assignment is over $25,000.00 then it must go before the appropriate Committee and City Council for approval prior to the Mayor’s signature. RES.C Page 320 of 324 Exhibit B Agreement No. AG-C-xxx Page 1 of 2 EXHIBIT B FEE SCHEDULE CENTURY WEST ENGINEERING FEE SCHEDULE FOR ENGINEERING & RELATED SERVICES EFFECTIVE JANUARY 1, 2013 The compensation for work done on the basis of personnel services shall be as described in paragraph A below. Other incurred expenses will be established using the rates as set forth below in paragraphs B and C. A. PERSONNEL SERVICES Hourly not to exceed (NTE) rates for personnel services related to this contract shall be as follows: Classification Maximum Hourly NTE Rate Principal/Principal Engineer $220.00 Sr. Associate/Sr. Associate Engineer $200.00 Associate/Associate Engineer $175.00 Senior Project Manager $160.00 Project Manager $140.00 Senior Project Engineer $125.00 Intermediate Project Engineer $120.00 Project Engineer $115.00 Staff Engineer $110.00 Resident Engineer $115.00 Design Engineer $100.00 Senior Cad Designer $95.00 Senior Cad Technician $90.00 Intermediate Cad Technician $80.00 Cad Technician $70.00 Clerical $55.00 Note: Invoiced costs may be less than the rate shown per classification, but shall not exceed the NTE rate. Hourly NTE rates shall be updated annually. B. OUTSIDE EXPENSES Any outside expenses, including subconsultant and subcontractor services, incurred for the project by Century West Engineering will be charged at the actual cost of the expense plus 10%. C. IN-HOUSE EXPENSES 1. Equipment Expenses: Telephone Cost plus 10% Personal Vehicle Mileage Current IRS Rate Fax Machine $1.00/page Lodging/Meals Cost plus 10% Rental Car Cost plus 10% RES.C Page 321 of 324 Exhibit B Agreement No. AG-C-xxx Page 2 of 2 2. Drafting Supplies and Reproduction Costs: Drafting supplies and reproduction materials provided from stock will be charged at the following rates: Plots (22 x34, Vellum) $10.00/each Plots (22x34, Mylar) $15.00/each Plots/Photocopy (11x17) $2.50/each Photocopy (full size/large format) $3.00/copy Photocopy (regular/letter size format) $0.10/copy RES.C Page 322 of 324 Consultant Invoices Agreement No. AG-C-xxx Page 1 of 2 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement # (i.e.: AG-C-115). • Project number(s) listed (i.e.: PR562). • CITY’S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract – total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15th. • For grant/special funded projects there might be other special information needed, reference the LAG manual. RES.C Page 323 of 324 Consultant Invoices Agreement No. AG-C-xxx Page 2 of 2 SAMPLE INVOICE City of Auburn Invoice #: 5222 25 West Main Progress Payment #: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement #: AG-C-010 Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Expenses (see attached documentation) Charges Multiplier Amount Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourly Rate Amount ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 2,860.00 TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN Task Amount Authorized Prior Invoiced This Invoice Total Invoiced To Date % Expended % Completed Amount Remaining Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. RES.C Page 324 of 324