HomeMy WebLinkAbout10-07-2013 CITY COUNCIL AGENDA PACKET
City Council Meeting
October 7, 2013 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1. 2013 - 2014 Mid Biennial Budget Public Hearing No. 1 (Coleman)
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. September 23, 2013 Minutess* (Peloza)
B.Planning & Community Development
1. September 23, 2013 Minutes* (Backus)
C.Public Works
1. September 16, 2013 Minutes* (Wagner)
D.Finance
1. September 16, 2013 Minutes* (Partridge)
E.Les Gove Community Campus
F.Council Operations Committee
IV.CONSENT AGENDA
Page 1 of 120
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. September 16, 2013 Regular Meeting Minutes*
B. Claims Vouchers (Partridge/Coleman)
Claims Voucher numbers 425314 through 425613 in the amount of $2,564,309.54
and two wire transfers numbers 0134 and 0135 in the amount of $1167.00 and
dated October 7, 2013.
C. Payroll Vouchers
Payroll check numbers 534112 through 534155 in the amount of $314,031.04
electronic deposit transmissions in the amount of $1,274,563.12 for a grand total
of $1,588,594.16 for the period covering September 12, 2013 to October 2, 2013
D. Public Works Project No. C524A (Change Order 17)* (Wagner/Dowdy)
City Council approve Change Order No. 17 in the amount of $107,595.07 to
Contract No. AG-C 401 for work on Project No. C524A, SCADA System
Improvements
E. Public Works Project No. C524A (Change Order 18)* (Wagner/Dowdy)
City Council approve Change Order No. 18 in the amount of $243,747.42 to
Contract No. AG-C 401 for work on Project No. C524A, SCADA System
Improvements
F. Century West Task Order* (Peloza/Coleman)
City Council approve engineering design services for proposed improvements at
Auburn Municipal Airport
G. Annual On-Call Survey Agreement Amendment (Wagner/Dowdy)
City Council approve an amendment to the Annual On-Call Professional Service
Agreement for Survey Services (AG-C-358) for 2013
(RECOMMENDED ACTION: City Council approve Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.ORDINANCES
A. Ordinance No. 6480* (Backus/Faber)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 2.97 of the Auburn City Code, defining a process for considering
requests for placement of monuments, memorials and structures to be located in
City parks and on City property
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6480.)
B. Ordinance No. 6482* (Backus/Welch)
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An Ordinance of the City Council of the City of Auburn, Washington,
amending sections 3.60.036, 3.94.040 and 3.94.060 of the City of Auburn Code
relating to tax exemptions
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6482.)
VIII.RESOLUTIONS
A. Resolution No. 4991* (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
Mead & Hunt, Inc., for a Wildlife and Habitat Assessment at the Auburn Municipal
Airport
(RECOMMENDED ACTION: City Council adopt Resolution No. 4991.)
B. Resolution No. 4993* (Partridge/Heineman)
A Resolution of the City Council of the City of Auburn approving the Interlocal
Agreement between the City of Auburn and Association of Washington Cities
Employee Benefit Trust for health care
(RECOMMENDED ACTION: City Council adopt Resolution No. 4993.)
C. Resolution No. 4999* (Backus/Welch)
A Resolution of the City Council of the City of Auburn, Washington, amending
Resolution No. 4920 related to temporary reduction of certain fees by changing the
eligibility date
(RECOMMENDED ACTION: City Council adopt Resolution No. 4999.)
IX. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
X.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 3 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
2013 - 2014 Mid Biennial Budget Public Hearing No. 1
Date:
September 25, 2013
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to conduct a public hearing to receive public comments and suggestions
with regard to the proposed modifications to the 2013-2014 Biennial Budget.
Background Summary:
This is the initial public hearing held prior to the review of the 2013-2014 mid-biennial
budget correction. The purpose of the correction is to evaluate and assess any changes
needed to the budget for the remainder of the 2013-2014 biennium. This public hearing
provides an opportunity for any citizens to make comments or suggestions prior to
publication of the mid-biennial correction. A second public hearing is tentatively
scheduled for November 4, where citizens will have an additional opportunity to make
comments or suggestions.
Reviewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:October 7, 2013 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 4 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 23, 2013 Minutess
Date:
October 3, 2013
Department:
Police
Attachments:
September 23, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:October 7, 2013 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 120
Municipal Services Committee
September 23, 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 and
Member John Partridge.
Staff present: Chief of Police Bob Lee, Finance Director Shelley
Coleman, Public Works Director Dennis Dowdy, City Attorney Dan
Heid, Parks, Arts and Recreation Director Daryl Faber, Assistant
Director of Human Resources and Risk Management Rob Roscoe,
Economic Development Planner Bill Thomas, Auburn Municipal
Airport Manager Jamelle Garcia and Police Secretary/Scribe Terry
Mendoza. Others present: Citizen Yolanda Trout and Auburn
Reporter representative Robert Whale.
B. Announcements
Chair Peloza opened the meeting for public comment:
John Brekke, P.O. Box 287, Medina, Washington
Mr. Brekke shared his concern with the placing of a transfer station in
the City of Auburn. He feels that it's great that King County Solid
Waste is looking at the transfer station plan but it's on a very difficult
and depressed time line that they need to abide by and the variables
are very limited and flawed. He stated that if King County rushes the
study without reviewing the available options the outcome may not
benefit the City of Auburn. A remodel price is $6.9 million versus $78
million for a new station. King County is not taking into account the
alternatives such as private service providers in the areas of yard
waste and recycling, and they own adjacent land right next door. We
can incrementally add recycling and yard waste; improve on queuing
and wait times, and trailer and emergency storage, and other levels of
services. Additionally, Enumclaw is not factored into the study which
is in close proximity and regional direct haul is not being looked at.
King County needs to take time before they lock in a plan which will
take us to the year 2040. Basically, all the options need to get studied
and it's not happening at this time.
Page 1 of 4
MS.1 Page 6 of 120
C. Agenda Modifications
II. CONSENT AGENDA
A. September 9, 2013 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. ACTION
A. Century West Task Order (Coleman)
Finance Director Shelley Coleman briefed the Committee on the
Century West Task Order. City Council previously authorized
Ordinance No. 6473 which allocates funding for engineering design
services for proposed improvements at Auburn Municipal Airport. The
Task Order is for Task Assignment #435-2013-001 in the amount of
$110,000 which engages Century West Engineering to proceed with
this design phase of the project. Committee discussion followed.
Vice Chair Osborne moved to forward Century West Task Order to full
Council for consideration. Member Partridge seconded. Chair Peloza
concurred.
MOTION PASSED: 3-0
B. Resolution No. 4991 (Coleman)
Finance Director Shelley Coleman reported on Resolution No. 4991.
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 Mead & Hunt, Inc., for a
Wildlife Habitat Assessment at the Auburn Municipal Airport. The
WHA is FAA mandated and was instigated by the "Miracle on the
Hudson" event back in January of 2009. This assessment is Phase 1
and we have a grant that will cover the costs of the study. This
contract is for $64,500.00 of which the FAA will cover 90.0%, the
State will cover 5.0% and the City will contribute 5.0%. This was
advertised in April 2012 but at that time the City decided not to move
forward as we were uncertain if there was litigation that needed to be
completed that the FAA would be funding. Committee discussion
followed and they identified verbiage changes in the
contract. Additionally, Director Coleman advised the Committee that
she had Legal delete "as Exhibit A" in the last sentence of Section 1 in
the Resolution.
Vice Chair Osborne moved to forward as amended to full Council for
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MS.1 Page 7 of 120
consideration. Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. AVHS Board Review (Coleman)
Finance Director Shelley Coleman reported on the September 19th
Board meeting of the Auburn Valley Humane Society (AVHS).
Director Coleman distributed a memo along with charts and graphs
summarizing the month of August and year-to-date incoming and
outgoing animal statistics. The information indicates a good turnover
of dogs and 'other' types of animals with a continuing surplus supply
of adoptable cats available. One item of note is that Dr. Purvis, DVM,
stated that all spays and neuters are performed at the shelter in a fully
functional surgical suite as of August 16th. This will save them a
considerable amount of money to be able to do this procedure in
house. The number of licenses sold at AVHS in August totaled
82 and brought their year-to-date total to 533. Monthly revenue
totaled $365,316.00 and includes fund raising revenues and expenses
of $84,745 .00 and $44,561.00, respectively. There were
approximately 3,000 replacement licenses sent out by Nancy Welch,
Director of Planning and Development. The letters stated an error
was discovered on the pet tag(s) issued and how to dispose of the
incorrect tag(s). The Board accepted the resignations of two charter
board members and added two new Board member in their stead.
Committee discussion followed.
B. Animal Control Licensing Program (Coleman)
Finance Director Shelley Coleman provided the Committee with a
monthly update on pet licensing. Year-to-Date licenses through
August totals 3,434 with year-to-date revenues at $102,515.00
through this same period. Councilmember Partridge inquired about
current marketing efforts and what staff are doing to pursue the
licenses between what was sold in 2012 and 2013. Director Coleman
stated that there are new posters, a change in staff and there
are upcoming events which staff will attend. We are also reaching out
to those people that licensed in 2012 and have yet to license in 2013.
The licensing function is currently being transitioned from the Planning
and Development department over to the Finance department.
Committee discussion followed.
C. Ordinance No. 6480 (Faber)
Parks, Arts and Recreation Director Daryl Faber briefed the
Committee on proposed Ordinance No. 6480 which has previously
come through as a Municipal Services discussion item. Director
Faber also provided a draft application form for review. The
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MS.1 Page 8 of 120
Ordinance seeks to establish a process for City Council decisions
(except where exempted) on monuments, memorials and structures to
be located in City Parks or on City property. City Attorney Dan
Heid reviewed the changes which were made based on the
Committee's previous requests. As the Committee discussion
followed there were additional changes identified and City Attorney
Heid advised that these would be made prior to the Ordinance going
to City Council. The Committee also requested quarterly reports to
keep them apprised of incoming requests.
The Municipal Services Committee approved moving Ordinance No.
6480 forward to the Planning and Development Committee with the
appropriate amendments.
D. Resolution No. 4993 (Heineman)
Rob Roscoe, Assistant Director of Human Resources and Risk
Management, briefed the Committee on Resolution No. 4993.
This Resolution is a new Interlocal Agreement between the City of
Auburn, Washington and the Association of Washington Cities (AWC)
Employee Benefit Trust for Health Care. The AWC is proposing to go
with a newly created self-insured benefit entity. Since they are
currently a non-profit agency we have an agreement with them but not
an ILA. Now that the AWC is creating a quasi municipal/governmental
agency we are required to sign the ILA in order to become a member.
Committee discussion followed.
E. Project Matrix
The following updates were identified for the Project Matrix:
Item 21P: Review date changed to 10/28/13.
Item 27P: Review date changed to 10/28/13.
V. ADJOURNMENT
The meeting was adjourned at 4:33 p.m. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, October 24, 2013
at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street,
Auburn, WA.
Signed this __________ day of October, 2013.
___________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 4 of 4
MS.1 Page 9 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 23, 2013 Minutes
Date:
October 1, 2013
Department:
Planning and Development
Attachments:
September 23, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:
Meeting Date:October 7, 2013 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 10 of 120
Planning and Community
Development
September 23, 2013 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:01 p.m. in Annex
Conference Room 2 located on the second floor of One Main Professional
Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Planning and Community Development Committee Chair Nancy
Backus, Vice-Chair John Holman and Member Largo Wells were
present. Also present were Planning and Development Director Nancy
Welch; Finance Director Shelley Coleman; Parks, Arts and Recreation
Director Daryl Faber; City Attorney Dan Heid; Economic Development
Manager Doug Lein; Planning Services Manager Elizabeth
Chamberlain; Environmental Services Protection Manager Chris
Andersen; Administration and Business Services Manager Darcie
Hanson; and Planning Secretary Tina Kriss.
Members of the audience present: Robert Whale of the Auburn
Reporter; Brett M. Jacobson of Plan A. Development LLC; John
Walker of Teutsch Partners; Thomas Souers; John Brekke;
Councilmember Partridge, Councilmember Peloza, and
Councilmember Osborne.
B. Announcements
Chair Nancy Backus opened the meeting for public comment:
John Brekke, PO Box 287, Medina, Washington.
Mr. Brekke expressed his concern that the current King County
Transfer and Waste Management Plan review underway is limited and
flawed. He believes King County is pushing for the same plan
provided earlier this year (adding three additional transfer stations,
including south King County) and stated that if King County rushes the
study without reviewing the available options the outcome may not
benefit the City of Auburn.
Mr. Brekke listed the alternatives not being included in the study, for
example, using private service providers; adding recycling, yard
waste, and emergency storage space by utilizing the King County
property adjacent to the Algona Transfer Station; using the Enumclaw
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PCD.1 Page 11 of 120
station since it is in close proximity to Algona; and using the Cedar
Hills Transfer Station as a regional direct haul destination.
Mr. Brekke emphasized that the King County Transfer and Waste
Management Plan being considered will extend to 2040, it is important
to conduct the study correctly.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - September 9, 2013 (Welch)
Vice-Chair Holman moved and Member Wales seconded to approve
the September 9, 2013 Planning and Community Development
Committee minutes as written.
Motion carried unanimously. 3-0
III. ACTION
A. Ordinance No. 6480 (Faber)
City Attorney Dan Heid distributed an updated Ordinance No. 6480.
The revised ordinance includes recommendations by the Municipal
Services Committee for consideration by the Planning and
Community Development Committee listed below:
· Page 2 of 8 - Include language that the documents are available
through the Auburn City Clerk and the Auburn Parks, Arts and
Recreation Department.
· Pages 4 and 8 of 8 - Change the word “City” to “City Council”.
The Committee concurred with the recommendations and requested
staff update the proposed ordinance and also requested that if the
ordinance is adopted by the City that staff add the application to the
online forms. The Committee also recommended adding language to
the application requesting any available drawings at the time an
application is submitted. City Attorney Heid confirmed he would add
the additional language to the application form.
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council adopt Ordinance No. 6480 as amended.
Motion carried unanimously. 3-0
IV. DISCUSSION ITEMS
Page 2 of 5
PCD.1 Page 12 of 120
A. Theater Lease (Coleman)
Finance Director Shelley Coleman explained the Auburn Avenue
Theater financial information was first presented and discussed by the
Finance Committee and is being presented before the Planning and
Community Development Committee. Parks, Arts and Recreation
Director Daryl Faber provided a PowerPoint presentation to exhibit the
2012 revenue, expenses, and programming of the Auburn Avenue
Theater.
After discussion, the Committee asked staff to add the Auburn Avenue
Theater topic to the Planning and Community Development
Committee Matrix for future planning efforts.
B. Business Licensing 101 (Hanson)
Administrative and Business Services Manager Darcie Hanson
provided an overview of the City’s Business License
program. Staff discussed solicitor and home businesses license
requirements and asked if staff could provide outreach to City
residents so they understand they have an option to request proof of
an active solicitor's license from a solicitor.
Staff discussed the procedures taken if a business is operating
without a Business License. In response to the question asked from
Ms. Hanson, does the City want to allow a non-licensed business to
continue operation if they are actively pursuing a business license, the
Committee answered that it is the goal of the City to be "business
friendly" and they would prefer that a business be allowed to continue
operations as long as they are actively pursuing a City of Auburn
Business License. After discussing the benefits of having a City
Business License the Committee asked staff if they could provide a
list of benefits an owner receives by having a City Business License.
The Committee reviewed State Business Licenses requirements and
asked staff if they could provide an overlay comparing the State and
City Business Licenses when it is available.
C. City of Auburn Floodplain Management (Andersen)
Environmental Services Protection Manager Chris Andersen
presented the fifth and final staff briefing to the Committee regarding
floodplain management in the City.
Mr. Andersen explained that the principle objectives of floodplain
management activities in the City of Auburn is to protect human life,
health, and property by mitigating the level of flood risk to the people
who live and work in the City. Committee and staff discussed some of
these activities.
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PCD.1 Page 13 of 120
Mr. Andersen explained some of the key City of Auburn policies and
plans that address or affect floodplain management in the City.
D. Proposed Code Amendment to Chapter 3.94, Multifamily Property Tax
Exemption (Chamberlain)
Planning Services Manager Elizabeth Chamberlain reviewed the
proposed code amendment related to property tax exemption
program. The City received a request from the applicants developing
within the downtown catalyst blocks asking the City to lower the
minimum investment per unit in order for the project to perform, from
$200,000.00 to $130,000.00.
Chair Backus invited audience members wishing to make a public
comment to the table:
Brett M. Jacobson of Plan A. Development LLC, 2711 West Valley
Hwy, N, #200, Auburn, Washington.
Mr. Jacobson asked the Committee to consider that the tax abatement
program allows the developer to build a better product that they might
otherwise be able to bring forward. Mr. Jacobson explained that when
Landmark developed property in the City of Lakewood using the
abatement program without a minimum investment, it allowed his
company to bring a product to the market achieving in excess of 30-
percent better rent than anything in the marketplace. The average
rents in downtown Auburn are lower. To the average tenant at the
Trek Apartment the exemption would be worth about $1,000.00 per
year.
John Walker of Teutsch Partners, 2001 Western Avenue, Suite 300,
Seattle, Washington.
Mr. Walker stated that Teutsch Partners would like to bring forward a
Seattle Urban type project for Auburn with quality finishes (i.e.,
amenity decks, roof decks, common space, and secure parking). He
stated the Auburn rents ($1.80 per square foot) are not as high as the
Seattle rents ($3.00 per square foot). Mr. Walker stated the
developers are collectively excited about the projects and realize that
in order to provide higher quality units without charging higher rents
they would need the tax exemption program through the City; it would
be critical in assisting the developer in accomplishing their goal within
downtown Auburn (along with the other incentives the City has
provided). Should the City lower the threshold minimum investment
Teutsch Partners would select the 8 year program.
After discussion, the Committee determined that they would like to
revise the current ordinance, updating the 8 year Multifamily Property
Tax Exemption within the DUC to a zero minimum dollar investment
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PCD.1 Page 14 of 120
requirement and look at a minimum unit threshold. The Committee
also asked staff to change the language in the ordinance requiring the
applicant to submit the application for a multifamily property tax
exemption prior to occupancy. The Committee asked staff to bring this
ordinance back as an action item at the next meeting.
Committee would like to have a minimum investment for the 12 year
exemption option and a unit threshold. For a future discussion, the
Committee asked that staff bring back a recommendation for a unit
threshold for outside the Downtown Urban Center (DUC) zone but
within the urban center.
E. Director's Report (Welch)
Planning and Development Director Nancy Welch reported the
Marijuana Cannabis item has been added to the PCDC Matrix. The
Comprehensive and Strategic Plan update, consultant selection
interviews will be concluded September 24, 2013.
F. PCDC Matrix (Welch)
The Committee has requested that staff add the Theatre Lease to the
PCDC Matrix.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 7:05
p.m.
DATED this ________________, day of ____________________ 2013.
_______________________________________
Nancy Backus - Chair
________________________________________
Tina Kriss - Planning Secretary
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PCD.1 Page 15 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 16, 2013 Minutes
Date:
October 2, 2013
Department:
Public Works
Attachments:
September 16, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:October 7, 2013 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 16 of 120
Public Works Committee
September 16, 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 Osborne were
present. Also present during the meeting were: Mayor Pete B. Lewis,
Councilmember John Partridge, Public Works Director Dennis Dowdy,
City Engineer/Assistant Director Dennis Selle, Assistant City Engineer
Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager
Pablo Para, Maintenance and Operations Manager Randy Bailey,
Transportation Planner Joe Welsh, Project Engineer Seth Wickstrom,
Traffic Engineer James Webb, Street Systems Engineer Jai Carter,
Innovation and Technology Director Ron Tiedeman, and Public Works
Secretary Jennifer Cusmir.
Members of the public in attendance included: Citizen Liz Irwin.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no modifications to the agenda.
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, September 3, 2013.
Motion carried 3-0.
III. DISCUSSION ITEMS
A. Recent Rainstorm Water Management (Repp/Carlaw)
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PW.1 Page 17 of 120
Using an area map, Utilities Engineer Repp indentified the locations
where there was water over the roadway during the last storm event:
Auburn Way South, M Street SE, 10th Street NE, West Valley
Highway and C Street NE near the airport.
Repp explained that the storm was calculated to be a 50-year storm
event, base on the rainfall measured in the City of Auburn. The City’s
Comprehensive Plan Level of Service (LOS) Policy states that the City
is to provide conveyance and keep the water off of major roadways
during storm events up to the 25-year event LOS protection. Repp
went on to explain that the outcome of the most recent event
exceeded the City’s LOS threshold and several of the capital projects
necessary to meet the 25-year LOS have not yet been implemented.
Utilities Engineer Repp reported that the issue at M Street SE was
related to a contractor who was manually operating a temporary pump
system and was not able to keep up with rainfall. At Auburn Way
South the pump station was running at full capacity through the entire
event and was not able to keep up with the intensity of the storm
event. The full cause of the drainage problem on 10th Street is
unknown. Repp stated that there may be a capacity issue at the
location and staff is investigating the cause. Staff believes the problem
on C Street NE, might have been related to locations and number of
catch basins along the street. Staff is investigating the relationships.
Utilities Engineer Repp noted that a drainage improvement at C Street
NE is part of Phase 3 of the City’s 30th Street NE Area Flooding
Project. Utilities Engineer Repp also stated that improvements to the
Auburn Way South drainage system will be addressed as part of
Phase 2 of the Auburn Way South Flooding project scheduled for
construction in 2014. Assistant Director/City Engineer Selle explained
that the Auburn Way South Flooding project will provide a diversion of
some of the water that currently runs through the pump stations, in
response to a question asked by Chairman Wagner.
Utilities Engineer Repp noted that there was overflowing of wetlands
along West Valley Highway, following a question asked by Chairman
Wagner. Staff is continuing to assess the drainage culverts at this
location. Chairman Wagner asked staff to develop a summary of the
information provided to educate the public. Mayor Lewis supported the
request
B. 2014 SOS Streets Selection (Carter)
Street Systems Engineer Carter presented the Committee with the
streets, recommended by staff, to be included in the 2014 Save Our
Streets program projects.
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PW.1 Page 18 of 120
Chairman Wagner asked if any of the streets designated for thin
overlay treatments will actually be double chipsealed. Carter
answered that there were no good street candidate for double
chipseal this year.
Chairman Wagner asked how many miles will be included in the
project’s scope of work. Street Systems Engineer Carter answered
that there will be 0.7 miles of rebuilding of streets and 1.4 miles of thin
overlay, which is similar to last year’s program. Chairman Wagner
asked for an estimated cost for each section of street and to include
those amounts on the vicinity map.
Street Systems Engineer Carter stated that the budget for sewer is
approximately $215,000.00 and the approximate budget for water is
$285,000.00 for the entire project, in response to a question asked by
Member Osborne.
Chairman Wagner asked for a review of the pavement management
system to be presented at a future Public Works Committee
Meeting. Mayor Lewis asked that the same presentation be given at a
Committee of the Whole Meeting.
Street Systems Engineer Carter spoke about the new CarteGraph
system coming online which will be replacing the old Street Saver
Database. A new pavement inventory will be completed in October to
include in the new system with the previous 2006 and 2008
inventories.
The Committee supported staff’s recommendations for the 2014 SOS
Program.
The Committee and staff reviewed the Needed Local Street Work
map. Chairman Wagner asked what surface treatments will be
needed on the streets indicated on the map. Street Systems Engineer
Carter answered, overlay, patching or chipseal. Assistant Director/City
Engineer Selle stated when the street gets closer to being included in
the program; staff will examine it and decided which surface treatment
should be used.
Director Dowdy noted that when the 2013 street inventory is
completed staff will have more accurate information for determining
which streets are in need of surface treatment. Street Systems
Engineer Carter agreed.
Chairman Wagner suggested measuring the length of the project
areas in blocks instead of miles. Mayor Lewis stated that the project
areas should be measured in both blocks and miles. The Committee
agreed.
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Vice-Chair Peloza spoke about the rippling of the double chipseal that
is occurring on 105th Pl SE. Vice-Chair Peloza asked if the contract
will be repairing the damaged areas. Assistant Director/City Engineer
Selle stated that a different treatment may be needed and the repairs
may not be the contractor’s responsibility. The City may have to repair
the area with a different treatment. Chairman Wagner noted that
double chipseal may not be a treatment to be used on turns or curvy
roadways.
Chairman Wagner spoke about the preservation work being done in
the southeast area of the City and suggested residents in the area are
educated as to the underlining reasons for the poor conditions of the
streets.
C. BNSF Stampede Pass/M Street SE Grade Separation Phase II
(Para/Welsh)
The Committee and staff reviewed the coal projections that were
reported by the City of Seattle in their evaluation of the Cherry Point
coal facility, located north of Bellingham with the Committee.
Chairman Wagner asked if the number of coal trains operating
through Auburn will double. Transportation Planner Welsh answered
that the number of trains will at least double following the creation of
the new coal terminal. Welsh noted that the increase will not happen
overnight, as the build out year for the Cherry Point facility was
identified as 2026.
Transportation Planner Welsh stated that the projections are definitely
for an increase in coal shipment.
Chairman Wagner asked how large of an increase is expected in the
transport of petroleum. Transportation Planner Welsh responded that
there is an anticipated decline in petroleum ship traffic from Alaska
and an increase in land traffic from North Dakota there may be an
increase in train traffic but the number cannot be predicted.
Director Dowdy spoke about the petroleum market in California and
stated that based on the growth of tanker by rail shipments in 2012 -
2013 the number of petroleum tank cars will more than likely double
by 2020.
The Committee and staff discussed the state study of Stampede Pass
tunnel improvements.
Transportation Planner Welsh reviewed the flaws of Stampede
Pass. The grade is too steep making it difficult to haul coal trains up
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the pass. There is also no modern signaling along the line.
Transportation Planner Welsh responded to questions asked by
Mayor Lewis regarding the shipping of containers through Stampede
Pass. Welsh stated that shipping containers is not an option at this
time because the tunnel ceiling is too low.
The Committee, Mayor Lewis and staff discussed BNSF’s possible
future plans for Stampede Pass.
Transportation Planner Welsh spoke about the cost differences
between lowering the tunnel floor and raising the roof of the
tunnel. Mayor Lewis asked about the advantage of lowering the floor
of the tunnel. Transportation Planner Welsh responded, stating
lowering the floor would make better clearance for containers and
would also lower the grade.
Transportation Planner Welsh noted that the Stampede Pass route
does not have upgraded track, but the main issue is the signaling
system.
The Committee and staff discussed the state-funded study of a
commuter diesel-powered passenger car service from Covington to
Auburn, in which Auburn participated. The service was determined to
be operationally, environmentally and institutionally feasible, but the
financial feasibility was a challenge. A lower capital cost option would
be a new SR 18 Express Bus that would run between Maple
Valley/Covington and Auburn via SR 516 and SR 18.
Mayor Lewis noted that although a bus service would be nice in the
short-term, in the future the increase in roadway congestion would
make bus service ineffective.
The Committee and staff discussed the likely impacts on traffic from
Maple Valley to Auburn, such as the development in Black Diamond.
Transportation Planner Welsh said that the state reported that at this
time they do not know enough about the widening of the Panama
Canal to include the effects in the State Rail Plan this year.
The Committee and staff discussed potential AMTRAK stops in
Auburn that may use Stampede Pass.
Transportation Manager Para explained that a connection would be
created from M Street, through the existing SR-18 underpass that
would connect into Auburn-Black Diamond Road, as part of the M
Street SE Underpass Phase 2/R Street SE Bypass, in response to a
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question asked by Chairman Wagner.
The benefit of creating the connection would be the closure of the end
of R Street SE.
Chairman Wagner asked about the status of the
project. Transportation Manager Para answered that the project is not
high on the project priority list as the project is primarily a developer
driven project.
Director Dowdy stated that if the Muckleshoot Indian Tribe were
interested in the project, the City could start moving it forward to take
advantage of the partnership for grant applications. Transportation
Manager Para stated that the connection will be reviewed as part of
the Comprehensive Plan update.
Transportation Planner Welsh explained how staff communicates with
BNSF, in response to a question asked by Chairman Wagner.
D. Capital Project Status Report (Gaub)
Item No. 13 – EM1302 – Hidden Valley Vista Emergency Storm
Repair: Assistant City Engineer Gaub verified that work will begin in a
week if the materials arrive, in response to a question asked by
Chairman Wagner. Chairman Wagner asked how long it will take to
finish the job. Assistant City Engineer Gaub answered, approximately
3-4 weeks.
Member Osborne asked if there were any problems with the
easements. Assistant City Engineer Gaub stated that staff met with
the Homeowner’s Association for the portion that is in the City’s
jurisdiction and they are willing to give the City a new easement for
the new alignment. The City is in the final stages of getting the permits
from King County to go through the County’s existing easement.
Item No. 21 – CP1122 – 30th Street NE Storm
Improvements: Chairman Wagner asked staff for an update regarding
the phasing for the airport projects. Utilities Engineer Repp reviewed
the phasing with the Committee, as he had it readily available.
Item No. 23 – CP1024 – Auburn Way S and M Street SE Intersection
Improvements: Chairman Wagner asked why the project will not
advertise for bids until April 2014. Assistant City Engineer Gaub
answered that it is because the City is currently in Right-of-Way
negotiations for property acquisition.
Item No. 32 – C222A -277th – Auburn Way North to Green River
Bridge: Chairman Wagner asked about the accuracy of the cost
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estimate. Assistant City Engineer Gaub stated that it is a preliminary
cost estimate which will be adjusted as the project goes through the
design process. Assistant City Engineer Gaub noted that the cost
estimate contains a large amount of contingency considering the
sensitive areas that the project may be impacting.
Assistant City Engineer Gaub said that the project is on the
contingency list for federal funds for construction and the application
for the TIB grant was submitted last month, in response to a question
asked by Chairman Wagner. Staff will find out the project’s score on
the TIB grant in November 2013.
E. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
There were no questions from the Committee.
F. Action Tracking Matrix (Dowdy)
Item H – King County Flood Insurance Mailers Quality Check: Vice-
Chair Peloza reported that he has been working with Councilmember
von Reichbauer’s office and Councilmember von Reichbauer sent a
letter to Councilmember Dunn. The insurance mailer has been
revised, but Vice-Chair Peloza was not sure if it had been
mailed. Vice-Chair Peloza said that he would follow up on the item.
Vice-Chair Peloza asked that the double chipseal problems on 105th
Place be added to the matrix. Chairman Wagner agreed.
Chairman Wagner stated that Item E can be removed.
Director Dowdy reported that staff had a meeting with the
Muckleshoot Indian Tribe (MIT) regarding the two Auburn Way South
projects and the parties have almost reached an agreement regarding
access to the MIT property along the corridor.
G. Additional Discussion - H Street SE Sidewalk
This item was discussed prior to Discussion Item C.
Chairman Wagner introduced Liz Irwin and stated that Ms. Irwin would
like to address the Committee and staff regarding the sidewalks on H
Street SE.
Ms. Irwin spoke about safety issues that some residents feel have
developed following the relocation of the PSE power poles along H
Street SE. The poles have been relocated from the landscape strip
immediately adjacent to the curb to the opposite side of the sidewalk,
at the property lines. Ms. Irwin explained that some of the H Street SE
residents feel that the current sidewalk design, with the sidewalk going
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around the utility poles, will impede pedestrian traffic as well as
individuals in wheelchairs or on bicycles. Ms. Irwin proposed that the
City construct the sidewalk so that the entire sidewalk reaches the
curb, eliminating the landscape strips. Ms. Irwin noted that there are
other sidewalks in the City that do not have landscape strips.
Using the dry-erase board, Chairman Wagner sketched the current
sidewalk design, identifying the old and new location of the utility
poles. Chairman Wagner noted that the sidewalk going around the
pole is sufficient and does meet ADA requirements; however he did
understand that there is a concern, especially when it is dark, that the
new location of the pole may cause an inconvenience to people using
the sidewalk.
Ms. Irwin noted that with the opening of the new high school, H Street
SE will experience increased pedestrian and vehicle traffic and noted
that the utility poles may be difficult to see at night because the
lighting on the street is inadequate.
Street Systems Engineer Carter noted that the stormwater that
currently drains into the landscape strip is considered “clean water”
and if the landscape strip is removed, running the stormwater over the
curb and into the gutter, the water then becomes “dirty water.” This
would change the stormwater drainage requirements imposed by the
Department of Ecology.
Mayor Lewis stated that the entire City Council, approximately two
years ago, made the decision to retain the landscape strips because if
they are removed there would be stormwater requirements for
construction of stormwater detention facilities in neighborhoods.
Assistant Director/City Engineer Selle pointed out that due to the
grades of the sidewalk and the grades of the curb and gutter, if the
landscape strips were filled in, the cross slope of the sidewalks may
not meet ADA requirements.
Mayor Lewis spoke about storm detention requirements for the City of
Auburn and surrounding areas and the NPDES II permit
requirements. Mayor Lewis answered questions asked by Ms. Irwin
regarding the sidewalk along M Street SE and the sidewalk in front of
the high school.
The Committee and staff discussed the current sidewalk design and
other options, such as replacing the landscape strip with pervious
concrete. Chairman Wagner noted the increase in cost of the project if
pervious concrete were to be used and the grading issues filling in the
landscape strips would create. Chairman Wagner stated that in his
opinion, filling in the landscape strip would not be a good solution.
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PW.1 Page 24 of 120
Assistant Director/City Engineer Selle discussed how the properties
will be restored along H Street SE, in response to questions asked by
Ms. Irwin and Chairman Wagner.
Mayor Lewis suggested that, given that utility companies have been
wanting to relocate there poles and the new stormwater permit
requirements, the Public Works and Planning Departments examine
the situation and then recommend what should be done when the City
rebuilds older streets, such as H Street SE, in the future.
Chairman Wagner spoke about the possibility of making the utility
poles more visible at night. Assistant Director/City Engineer Selle
recommended enhancing the lighting along the corridor. Mayor Lewis
agreed that the lighting should be improved. The Committee also
agreed. Ms. Irwin concurred that increased lighting would make it
safer for pedestrian traffic on H Street SE.
IV. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:50 p.m.
Approved this 7th day of October, 2013.
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PW.1 Page 25 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 16, 2013 Minutes
Date:
October 1, 2013
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:
Meeting Date:October 7, 2013 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 26 of 120
Finance Committee
September 16, 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
City officials and staff members present: Mayor Peter B. Lewis, City
Attorney Daniel B. Heid, Parks, Arts and Recreation Director Daryl
Faber, Public Works Director Dennis Dowdy, Innovation and
Technology Director Ron Tiedeman, Financial Services Manager
Rhonda Ewing, Financial Planning Manager Martin Chaw, Assistant
Director of Human Resources and Risk Management Rob Roscoe,
Economic Development Planner Bill Thomas and Deputy City Clerk
Shawn Campbell.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no agenda modification.
II. CONSENT AGENDA
A. September 3, 2013 Regular Meeting Minutes
Vice Chair Wales moved and Member Holman seconded to approve
the minutes as distributed.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims voucher numbers 425098 through 425313 in the amount of
$4,572,371.86 and dated September 16, 2013.
Committee members reviewed claims and payroll vouchers and briefly
discussed claims voucher number 425223, 425180, 425260, and
425261.
Chair Partridge requested voucher No.425180 be pulled for further
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FN.1 Page 27 of 120
discussion.
Vice Chair Wales moved and Member Holman seconded to approve
and forward claims and payroll vouchers as amended to the City
Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 534082 through 534111 in the amount of
$873,466.58 electronic deposit transmissions in the amount of
$1,220,321.62 for a grand total of $2,093,788.20 for the period
covering August 29, 2013 to September 11, 2013.
See claims vouchers above for approval of payroll vouchers.
III. RESOLUTIONS
A. Resolution No. 4990 (Tiedeman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an interlocal
agreement between the City of Auburn and the City of Black Diamond
for information technology services
Director Tiedeman introduced Resolution No. 4990. The resolution is
for an interlocal agreement with the City of Black Diamond. The
services provided will primarily be done remotely and when staff is
required to be on site, the City of Auburn will be reimbursed for
mileage and all associated costs.
Vice-Chair Wales asked what similar agreements the City has with
other jurisdictions. Director Tiedeman said the City also provides
services to both the City of Pacific and Algona. Chair
Partridge confirmed the City could cancel the contract. Director
Tiedeman stated the Innovation and Technology Department will do
an annual review of all outside contacts.
Member Holman requested the final draft of the agreement be marked
as Exhibit "A" as called for in the resolution.
Vice Chair Wales moved and Member Holman seconded to approve
and forward Resolution No. 4990 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
IV. DISCUSSION ITEMS
A. July 2013 Financial Report (Coleman)
Financial Planning Manager Chaw presented the July 2013 Financial
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FN.1 Page 28 of 120
Report. He explained the increase to the General Fund collections is
attributed to property taxes and a transfer from construction sales tax.
Utility taxes and development related fees are up over previous years.
He also noted the General Fund expenditures are down over last year
at this time.
The City has sold 438 pet licenses in the month of July compared to
544 in 2012. The year to date pet licenses sold has been 3,057
compared to 3,535 in 2012.
The Water Fund ended the month of July with a net operating income
of $213,700.00, the Sewer fund ended with a $466,800.00 operating
loss, the Sewer-Metro Utility ended with a net operating loss of
$162,00.00 and the Stormwater Utility ended with an operating
income of $698,900.00. The Golf Course ended the period with an
operating loss of $158,800.00 and the Cemetery ended July with a net
operating income of $49,900.00.
Chair Partridge asked about the transfers into and out of the General
Fund. Financial Planning Manager Chaw stated the City made a
transfer out of the General Fund and into the Accumulative Reserve
fund.
Vice Chair Wales thanked the Finance Department for including
previous years data in the report.
B. Ordinance No. 6473 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6432, the 2013-2014 Biennial Budget
Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462,
and Ordinance No. 6472, authorizing amendment to the City of
Auburn 2013-2014 Budget as set forth in schedule “A” and “B”
Financial Planning Manager Chaw presented Ordinance No. 6473.
The Planning and Community Development Committee is the lead
Committee on the ordinance because all of the items are related to
projects approved by the Planning and Community Development
Committee.
Vice-Chair Wales asked why there was a bill from the Auburn
Community Center project. Mayor Lewis explained there was a billing
error from the contractor that is being resolved.
C. Resolution No. 4993 (Heineman)
A Resolution of the City Council of the City of Auburn approving the
interlocal agreement between the City of Auburn and Association of
Washington Cities Employee Benefit Trust for health care
Assistant Director of Human Resources and Risk Management Rob
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FN.1 Page 29 of 120
Roscoe presented Resolution No 4993. The City partners with
Association of Washington Cities (AWC) for the employee medical
benefits. The rates for 2014 will not increase and the City will also
receive a two percent discount on the medical benefits now that the
City has received the Well City designation.
Chair Partridge asked if this will affect the City's plan for going self
insured. Assistant Director of Human Resources and Risk
Management Rob Roscoe said the City will continue to partner with
AWC for the medical benefits. The City can consider going self
insured again in the future. The agreement with AWC does not lock
the City into a long term contract.
V. ADJOURNMENT
There being no further business to come before the Committee, the
meeting adjourned at 6:34 p.m.
APPROVED this 7th day of October, 2013.
__________________________ ____________________________
John Partridge, Chair Shawn Campbell, Deputy City Clerk
Page 4 of 4
FN.1 Page 30 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 16, 2013 Regular Meeting Minutes
Date:
October 1, 2013
Department:
Administration
Attachments:
minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 7, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 31 of 120
City Council Meeting
September 16, 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. 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: Planning and
Development Director Nancy Welch, Assistant Human Resources and
Risk Management Director Rob Roscoe , Chief of Police Bob
Lee, Parks, Arts and Recreation Director Daryl Faber, City Attorney
Daniel B. Heid, Public Works Director Dennis Dowdy, Innovation and
Technology Director Ron Tiedeman, Financial Services Manager
Rhonda Ewing, and Deputy City Clerk Shawn Campbell.
C. Announcements, Appointments, and Presentations
1. King County Expanded Medicaid Program
Erika Nuerenberg from the King County Public Health Department
presented Council with King County's plan for Health Care
Reform. She provided the website residents can use to
access the enrollment information and to receive assistance with
registration. She went over the various options residents will have
for health care including: Medicaid that will be offered to
individuals with an income up to 138 percent of the poverty level,
Health Benefit Exchanges the state will subsidize premiums and
provide a tax credit to individuals with incomes of 139 percent to
400 percent of the poverty level.
Deputy Mayor Backus confirmed the health benefits would also
cover prescription drugs and noted the City's partnership with the
National League of Cities prescription drug program.
Page 1 of 7
CA.A Page 32 of 120
2. Boards & Commissions Appointments
Deputy Mayor Backus moved and Councilmember Wagner
seconded the appointment of Scot Pondelick to the Planning
Commission for a term to expire December 31, 2015.
MOTION CARRIED UNANIMOUSLY. 7-0
3. Domestic Violence Awareness Month
Mayor Lewis read and presented a proclamation declaring the
month of October 2013 as Domestic Violence Awareness Month.
Domestic Violence Victim Advocate Shelly David thanked the
City, Council and the Auburn Police Department for their
work with domestic violence victims. Ms. David noted the officers
show great compassion for the victims and children of domestic
violence.
Janet Chaz, a retired court administrator noted the court requires
offenders attend a Domestic Violence Impact Panel. The King
County District Court has an impact panel that will be open to the
public on October 12, 2013 at 1:30 pm at the Federal Way
Municipal Court.
4. Up With People
Mayor Lewis noted the Up with People group is in the South King
County area this week. The program consists of 100 young
people from all over the world who volunteer in the communities
where they are performing. The program will be at the Auburn
Avenue Theater September 20th and 21st.
5. Moment of Silence
Mayor Lewis requested a moment of silence to honor those who
were lost in the DC Naval Yard shooting.
D. Agenda Modifications
There was not agenda modification.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
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CA.A Page 33 of 120
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
John Pinsker, 218 E Street SE, Auburn
Mr. Pinsker walks his dogs, rides bikes, walks and runs in the
downtown area. He expressed concerns about the environment in the
downtown. There are a lot of people who are under the influence of
drugs or alcohol, homeless and leaving trash on the streets. He
expressed concerns about being able to attract new business or
residents to the area. He feels this issue has been largely ignored by
administration and police.
Virgina Haugen, 2503 R Street SE, Auburn
Ms. Haugen shared her concern with the lack of resources provided
by the City for homeless. She suggested options for funding and
locations for a homeless shelter.
Mayor Lewis reported the Auburn Downtown Association is working
with the downtown businesses to clean up the downtown area. He
requested all citizens call 911 to report crimes immediately. The City
is providing citizens with a new number, 253-288-2121, to call for non
emergencies instead of 911. That number will put a caller into the
dispatch system in order of priority.
Mayor Lewis noted the City provides housing for domestic
violence victims that is administered through Valley Cities. He
encouraged everyone to volunteer.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met
September 9, 2013. The Committee discussed Ordinance No. 6473,
Ordinance No. 6480 and Resolution No. 4990. The next regular
meeting of the Municipal Services Committee is scheduled for
September 23, 2013.
B. Planning & Community Development
Chair Backus reported the Planning and Community Development
Committee met September 9, 2013. The Committee forwarded to full
Council for consideration Ordinance No. 6473 and Ordinance No.
6480. The Committee also discussed future annexation areas, student
rental housing outreach, and visioning work for the comprehensive
plan update. The Committee also received a director's report. The
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CA.A Page 34 of 120
next regular meeting of the Planning and Community Development
Committee is September 23, 2013.
C. Public Works
Chair Wagner reported the Public Works Committee met this
afternoon. The Committee discussed the 50 year storm, 2014 save
our streets selections, Phase 2 of the Stampede Pass rail road
plans, Transportation Planner Joe Welsh provided a report to the
Committee regarding the rail roads, the Committee also discussed
the Capital Projects budget status report and the
Committee matrix. The next regular meeting of the Public Works
Committee is scheduled for October 7, 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 $4.5 million and payroll vouchers in the amount of $2
million. The Committee also forwarded to full Council Resolution
No. 4990 authorizing an interlocal agreement with the City of Black
Diamond for information technology services. The Committee also
discussed the July Financial Report, Ordinance No. 6473 and
Resolution No. 4993. The next regular meeting of the Finance
Committee is scheduled for October 7, 2013
E. Les Gove Community Campus
F. Council Operations Committee
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes of the September 3, 2013 Regular Meeting
B. Claims Vouchers (Partridge/Coleman)
Claims Voucher numbers 425098 through 425313 in the amount of
$4,572,371.86 and dated September 16, 2013.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 534082 through 534111 in the amount of
$873,466.58 electronic deposit transmissions in the amount of
$1,220,321.62 for a grand total of $2,093,788.20 for the period
covering August 29, 2013 to September 11, 2013.
D. Call for Public Hearing (Partridge/Coleman)
City Council to call for Public Hearing No. 1 for the Mid-Biennial
Review and Modification of the 2013-2014 Biennial Budget to be held
October 7, 2013.
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CA.A Page 35 of 120
Deputy Mayor Backus moved and Councilmember Wagner seconded
to approve the Consent Agenda.
The Consent Agenda includes minutes, claims and payroll vouchers,
and a call for public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
VI. NEW BUSINESS
VII. ORDINANCES
A. Ordinance No. 6473 (Partridge/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6432, the 2013-2014 Biennial Budget
Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462,
and Ordinance No. 6472, authorizing amendment to the City of
Auburn 2013-2014 Budget as set forth in schedules “A” and “B"
Councilmember Partridge moved and Councilmember Wales
seconded to adopt Ordinance No. 6473.
Councilmember Partridge explained Ordinance No. 6473 is the 2013-
2014 Biennial Budget amendment No. 4.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. RESOLUTIONS
A. Resolution No. 4990 (Partridge/Tiedeman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an interlocal
agreement between the City of Auburn and the City of Black Diamond
for information technology services
Councilmember Partridge moved and Councilmember Wales
seconded to adopt Resolution No. 4990.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and
local organizations.
A. From the Council
Deputy Mayor Backus reported she attended the swearing in of a new
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CA.A Page 36 of 120
police officer, participated in a panel that interviewed consultants for
the Comprehensive Plan update and the Hops and Crops festival.
Councilmember Wagner reported he attended the 9/11 remembrance
at South King County Fire and Rescue, the Senior Center luncheon
and the Valley Regional Fire Authority meeting.
Councilmember Wales reported she attended a City crisis
management training where she acted as the Mayor, the Hops and
Crops festival, and the Pierce County Cities and Towns meeting.
Councilmember Holman reported he attended the National League of
Cities meeting in Rochester MN. They discussed a resolution
regarding funding to assist deep water ports with roadways.
Councilmember Peloza reported he attended the Regional Water
Quality Committee meeting, Green River Duwamish Urban Water
Federal Partnership meeting, the King County Solid Waste
Management Advisory Committee meeting, the Auburn International
Farmers Market, the Burien Seahurst Park Restoration Project
meeting, the 9/11 remembrance and the Ply Gym Windows company
school supply drive at Dick Scobie Elementary School.
Councilmember Partridge reported he attended the Chamber event
honoring Betty Cannon for her 44 years of service and the
Washington State Auditors Exit Conference.
B. From the Mayor
Mayor Lewis reported he attended the King County Aerospace
Alliance meeting, the retirement party for Betty Cannon, the
Washington State Auditor Exit Conference, the Transportation Joint
Committee meeting, Sound Cities meeting, South County Area
Transportation Board meeting and road along in a semi truck to see
the perspective of the truck drivers.
X. EXECUTIVE SESSION
At 9:14 p.m., Mayor Lewis recessed the meeting for a five minute
intermission and then to executive session for approximately 45 minutes to
discuss pending/potential litigation pursuant to RCW 42.30.110(1)(i) and
closed session to discuss collective bargaining pursuant to RCW
42.30.140(4)(b). Department directors and staff required for the executive
and closed sessions included: Chief Lee, Director Dowdy, Director Welch,
Finance Service Manager Ewing and Assistant Human Resources and
Risk Management Director Roscoe with possible action to follow.
At 10:05 p.m., the executive and closed sessions were extended an
additional ten minutes.
Page 6 of 7
CA.A Page 37 of 120
At 10:17 p.m., the executive and closed sessions were extended an
additional ten minutes.
At 10:30 p.m., Mayor Lewis reconvened the regular meeting.
Deputy Mayor Backus moved and Councilmember Holman seconded to
adopt Resolution No. 4992.
Deputy Mayor Backus stated the resolution is establishes a moratorium
on business licenses or permits on all marijuana and cannabis related
business or uses for up to one year period to allow the Council
Committees time to review and reconcile the differences between state
and federal laws.
City Attorney Heid noted the Public Hearing will be held on October 21,
2013
MOTION CARRIED UNANIMOUSLY. 7-0
Councilmember Peloza moved and Councilmember Osborn seconded to
adopt Resolution No. 4994.
Councilmember Peloza stated the resolution approves the Collective
Bargaining Agreement with the Teamsters local 117.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 10:33 p.m.
APPROVED this 7th day of October, 2013.
__________________________ ___________________________
Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk
Page 7 of 7
CA.A Page 38 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
October 1, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Approve Claims Vouchers
Background Summary:
Claims Voucher numbers 425314 through 425613 in the amount of $2,564,309.54 and
two wire transfers numbers 0134 and 0135 in the amount of $1167.00 and dated
October 7, 2013.
Reviewed by Council Committees:
Councilmember:Partridge Staff:Coleman
Meeting Date:October 7, 2013 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 39 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
October 1, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 7, 2013 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 40 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C524A (Change Order 17)
Date:
October 2, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Change Order No. 17 in the amount of $107,595.07 to Contract
No. AG-C 401 for work on Project No. C524A, SCADA System Improvements.
Background Summary:
The scope of this project includes Professional and Technology Installation Services for
the upgrade of the City of Auburn’s Supervisory Control and Data Acquisition (SCADA)
System, this work includes the design of the physical site improvements (construction to
be bid as a separate construction contract), the design and installation of electronic
security and lighting improvements identified for selected sites, and the replacement of
the existing telemetry system with new Programmable Logic Control (PLC) based
Remote Telemetry Units (RTUs).
Change Order 17 includes upgrades and/or modifications to existing utility station
control systems and other work that was not included in the original project scope of
work, including the following:
1.Provide and install a new magnetic flow meter with transmitter at Green River
Pump Station.
2.Provide various station equipment modifications at Well 5, Well 5A, and Lea Hill
Pump Station.
3.L&I permit extension and additional Electrical labor beyond anticipated completion
date.
4.Provide programming and equipment modifications at Brannan Park Lift Station in
response to operational changes necessitated by the Reddington Levee
alterations.
5.Provide equipment modifications, plus associated programming at the newly
constructed Academy Pump Station (Reservoirs 8A & 8B).
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 41 of 120
A project increase of $96,911.00 within the 430 Water Utility Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that the budgeted
expenditures in the 430 Water Utility Fund will not be exceeded this year.
A project budget contingency of $31,037.00 remains in the 431 Sanitary Sewer Fund.
A project increase of $38,474.00 within the 432 Storm Drainage Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that the budgeted
expenditures in 432 Storm Drainage Fund will not be exceeded this year.
The attached budget status sheet includes both Change Orders #17 and #18.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 7, 2013 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 42 of 120
Project No: C524AProject Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: __3/5/2007__ Permision to Advertise
Advertisement Date: ___n/a__ Contract Award
Award Date: __2/22/2011__ Change Order Approval
Contract Final Acceptance
Funding 2010 20112012 2013 Total
430 Fund - Water96,396657,7791,669,604526,4062,950,185
431 Fund - Sewer57,336329,7371,044,185376,0751,807,333
432 Fund - Storm25,694151,348443,060137,020757,122
Total179,4261,138,8643,156,8481,039,5015,514,639
Activity 2010201120122013Total
Design Engineering - City Costs20,73714,2850035,022
Design Engineering - Consultant Costs158,689000158,689
Technology Imp. Contract (w/o Physical Imp.)01,107,4402,819,142562,5034,489,085
Contract Contingency0001,1611,161
Physical Security Imp. Estimate000250,000250,000
Physical Security Imp. Contingency (10%)00025,00025,000
Change Orders 1-1600189,452153,259342,710
Change Order #17000107,595107,595
ChangeOrder#18 0 0 0 243747 243747
BUDGET STATUS SHEET
SCADA System Improvements
Date: October 1, 2013
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Change Order #18 0 0 0 243,747 243,747
Construction Engineering - IS Costs0087,69614,332102,028
Construction Engineering - Facilities Costs003,01003,010
Construction Engineering - City Costs017,13857,54930,000104,687
Total179,4261,138,8633,156,8481,387,5975,862,735
2010201120122013Total
*430 Funds Budgeted ( )(96,396)(657,779)(1,669,604)(526,406)(2,950,185)
430 Funds Needed96,396657,7791,669,604672,9893,096,768
*430 Fund Project Contingency ( )00000
430 Funds Required 000146,583146,583
201020112012 2013 Total
*431 Funds Budgeted ( )(57,336)(329,737)(1,044,185)(376,075)(1,807,333)
431 Funds Needed57,336329,7371,044,185476,8901,908,149
*431 Fund Project Contingency ( )00000
431 Funds Required 000100,815100,816
201020112012 2013 Total
*432 Funds Budgeted ( )(25,694)(151,348)(443,060)(137,020)(757,122)
432 Funds Needed25,694151,348443,060237,718857,820
*432 Fund Project Contingency ( )00000
432 Funds Required 000100,698100,699
* ( # ) in the Budget Status Sections indicates Money the City has available.
430 Water Budget Status
431 Sewer Budget Status
432 Storm Budget Status
H:\PROJ\C524A-SCADAImp\Budget\C524A BudgetStatusSheet.xls
1 of 1
Print Date: 10/2/2013CA.D Page 43 of 120
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AUBURN40
VERDANA
MAINTENANCE&OPERATIONS
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: 3681Printed On: 02/16/11
SCADA Utility Sites
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Ú Storm Pump Stat ions
Ú Water Pump Stations
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WELL2
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LEAHILLINTERTIE
LEAHILLINTERTIE4A
LEAHILLINTERTIE4B
ASTREET
ACADEMY1ACADEMY2COALCREEKRESERVOIR1
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CA.D Page 44 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C524A (Change Order 18)
Date:
October 2, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Change Order No. 18 in the amount of $243,747.42 to Contract
No. AG-C 401 for work on Project No. C524A, SCADA System Improvements.
Background Summary:
The scope of this project includes Professional and Technology Installation Services for
the upgrade of the City of Auburn’s Supervisory Control and Data Acquisition (SCADA)
System, this work includes the design of the physical site improvements (work is to be
bid as a separate construction contract), the design and installation of electronic security
and lighting improvements identified for selected sites, and the replacement of the
existing telemetry system with new Programmable Logic Control (PLC) based Remote
Telemetry Units (RTUs).
Change Order 18 scope of work includes design and construction of SCADA telemetry
systems at sites constructed after the notice to proceed of the original SCADA System
Improvement project, these new sites include:
1.Verdana Lift Station
2.White River Pump Station
3.Academy booster Pump Station
A project increase of $49,672.00 within the 430 Water Utility Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that the budgeted
expenditures in the 430 Water Utility Fund will not be exceeded this year.
A project increase of $100,815.00 within the 431 Sanitary Sewer Fund will be
necessary, however it will not require a budget adjustment since it is anticipated that the
budgeted expenditures in 431 Sanitary Sewer Fund will not be exceeded this year.
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 45 of 120
A project increase of $62,223.00 within the 432 Storm Drainage Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that the budgeted
expenditures in 432 Storm Drainage Fund will not be exceeded this year.
The attached budget status sheet includes both changes orders #17 and #18.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 7, 2013 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 46 of 120
Project No: C524AProject Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: __3/5/2007__ Permision to Advertise
Advertisement Date: ___n/a__ Contract Award
Award Date: __2/22/2011__ Change Order Approval
Contract Final Acceptance
Funding 2010 20112012 2013 Total
430 Fund - Water96,396657,7791,669,604526,4062,950,185
431 Fund - Sewer57,336329,7371,044,185376,0751,807,333
432 Fund - Storm25,694151,348443,060137,020757,122
Total179,4261,138,8643,156,8481,039,5015,514,639
Activity 2010201120122013Total
Design Engineering - City Costs20,73714,2850035,022
Design Engineering - Consultant Costs158,689000158,689
Technology Imp. Contract (w/o Physical Imp.)01,107,4402,819,142562,5034,489,085
Contract Contingency0001,1611,161
Physical Security Imp. Estimate000250,000250,000
Physical Security Imp. Contingency (10%)00025,00025,000
Change Orders 1-1600189,452153,259342,710
Change Order #17000107,595107,595
ChangeOrder#18 0 0 0 243747 243747
BUDGET STATUS SHEET
SCADA System Improvements
Date: October 1, 2013
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Change Order #18 0 0 0 243,747 243,747
Construction Engineering - IS Costs0087,69614,332102,028
Construction Engineering - Facilities Costs003,01003,010
Construction Engineering - City Costs017,13857,54930,000104,687
Total179,4261,138,8633,156,8481,387,5975,862,735
2010201120122013Total
*430 Funds Budgeted ( )(96,396)(657,779)(1,669,604)(526,406)(2,950,185)
430 Funds Needed96,396657,7791,669,604672,9893,096,768
*430 Fund Project Contingency ( )00000
430 Funds Required 000146,583146,583
201020112012 2013 Total
*431 Funds Budgeted ( )(57,336)(329,737)(1,044,185)(376,075)(1,807,333)
431 Funds Needed57,336329,7371,044,185476,8901,908,149
*431 Fund Project Contingency ( )00000
431 Funds Required 000100,815100,816
201020112012 2013 Total
*432 Funds Budgeted ( )(25,694)(151,348)(443,060)(137,020)(757,122)
432 Funds Needed25,694151,348443,060237,718857,820
*432 Fund Project Contingency ( )00000
432 Funds Required 000100,698100,699
* ( # ) in the Budget Status Sections indicates Money the City has available.
430 Water Budget Status
431 Sewer Budget Status
432 Storm Budget Status
H:\PROJ\C524A-SCADAImp\Budget\C524A BudgetStatusSheet.xls
1 of 1
Print Date: 10/2/2013CA.E Page 47 of 120
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AREA19
AUBURN40
VERDANA
MAINTENANCE&OPERATIONS
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: 3681Printed On: 02/16/11
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0 1,200 2,400 3,600 4,800 6,000
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Ú Sewer Pump Stations
Ú Storm Pump Stat ions
Ú Water Pump Stations
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LEAHILLINTERTIE4B
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CA.E Page 48 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Century West Task Order
Date:
September 25, 2013
Department:
Finance
Attachments:
Task Assignment
Budget Status Sheet
Budget Impact:
$0
Administrative Recommendation:
Recommendation to move Task Assignment #435-2013-001 on to City Council for
approval.
Background Summary:
On September 16, 2013 the City Council authorized Ordinance No. 6473, which
allocated funding for engineering design services for proposed improvements at Auburn
Municipal Airport to include crack seal and slurry seal of the airfield.
At this time, City staff is seeking City Council approval of Task Assignment #435-2013-
001 in the amount of $110,000 which engages Century West Engineering, as the City’s
‘on-call’ airport planning and engineering firm, to proceed with this design phase of the
project.
Project funding is through a Federal Aviation Administration (FAA) grant of $100,000.00
with a 5% City and 5% State match ($5,000.00 each).
Reviewed by Council Committees:
Municipal Services, Public Works
Councilmember:Peloza Staff:Coleman
Meeting Date:October 7, 2013 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 49 of 120
EXHIBIT A
TASK ASSIGNMENT
AGREEMENT #: TASK #: 435-2013-001
CONSULTANT: Century West Engineering
PROJECT #/Name: Asphalt Rehabilitation and Seal Coat
The general provisions and clauses of the Agreement referenced above shall be in full force and
effect for this Task Assignment.
Location of Project: Auburn Municipal Airport
Maximum Amount Payable per this Task Assignment: $ 110,000.00
Completion Date: October 31, 2014
Scope of Work:
The scope of this project is to provide engineering design services for proposed improvements
at Auburn Municipal Airport to include crack seal and slurry seal of airfield.
Approvals
Consultant Project Manager:
Signature: Date:
City Project Manager:
Signature: Date:
City Mayor, if Task Assignment is over $5,000:
Signature: Date:
CA.F Page 50 of 120
1 of 1
Project No: CPxxxx Project Title:
Project Manager: Jamelle Garcia
Initiation/Consultant Agreement
Initiation Date: _________ Permission to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20132014 Future Years Total
FAA Grant -$ 100,000.00$ 237,500.00$ -$ 337,500.00$
435 Fund - Airport - 5% contribution - 5,000.00 13,750.00 - 18,750.00
WSDOT - State - 5% grant **- 5,000.00 13,750.00 - 18,750.00
Total- 110,000.00 265,000.00 - 375,000.00$
Activity PriorYears 2013 2014 FutureYears Total
BUDGET STATUS SHEET
Asphalt Rehabilitation and Seal Coat
Date: August 30, 2013
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Activity Prior Years 2013 2014 Future Years Total
Design Engineering - City Costs -$ -$ -$ -$ -$
Design Engineering - Consultant Costs - 110,000.00 - - 110,000.00
Construction Estimate - - 265,000.00 - 265,000.00
Project Contingency (15%)- - - - -
Construction Engineering - City Costs - - - - -
Construction Engineering - Consultant Costs - - - - -
Total- 110,000.00 265,000.00 - 375,000.00$
Prior Years 20132014 Future Years Total
*435 Funds Budgeted ( )-$ (110,000.00)$ (265,000.00)$ -$ (375,000.00)$
435 Funds Needed-$ 110,000.00$ 265,000.00$ -$ 375,000.00$
435 Fund Project Contingency ( )- - - - -
435 Funds Required - - - - -
* ( # ) in the Budget Status Sections indicates Money the City has available.
** WSDOT - State 5% grant. If the State grant is not received in 2013, the Airport Fund contribution will increase from 5% to 10%.
435 Airport Budget Status
CA.F Page 51 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Annual On-Call Survey Agreement Amendment
Date:
October 1, 2013
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to approve an amendment to the Annual On-Call Professional Service
Agreement for Survey Services (AG-C-358) for 2013.
Background Summary:
The annual on-all agreement for survey is used to supplement the City’s staff
resources. Having these resources available provides the City with the flexibility to
complete small tasks or projects in an efficient and timely manner as they are needed
through out the year.
The agreement is written to provide the total “Not to Exceed” amount for the year,
however, actual expenditures are authorized by the City through specific Task
Orders. Each Task Order provides a specific Scope of Work, Schedule, and Budget for
the work to be completed by the consultant. All expenditures associated with this
agreement will be in conformance with authorized budgets for the related projects or
tasks.
The original authorized “Not to Exceed” amount for 2013 for this contract was
$25,000.00. Due to additional needs for this year, an amendment in the amount of
$10,000.00 for a total “Not to Exceed” amount of $35,000.00 is requested.
The significant work completed under this agreement in 2013 involved development of
easements on MIT properties requiring specialized certifications for the water master
meters, development of Boundary Line Adjustment documents related to City properties,
FEMA Certifications, and topographic surveys. Work remaining to be completed
includes boundary determination, setting property corners and completing a record of
survey for B Street SE related to a claim and for any other miscellaneous work through
the end of the year.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 52 of 120
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 7, 2013 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 53 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6480
Date:
September 24, 2013
Department:
Planning and Development
Attachments:
Ordinance No. 6480
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6480.
Background Summary:
The proposed ordinance seeks to establish a process for City Council or Mayor decisions
(depending upon the size or value) of monuments, memorials and structures to be located in
City Parks or on City property. The Ordinance addresses criteria to be applied and does so as
to distinguish these monuments and memorials as Government Speech (the right of the
government to express itself in City parks and on City property) rather than opening the door
for competing expressions of individual first amendment rights in a public forum. In essence,
the Ordinance seeks to prevent such monuments from becoming a public forum for which
individuals would be able to make the decision – ostensibly deciding what goes in City parks,
for instance.
The process and criteria are intended to make sure that the City (Mayor or City Council) is the
recognized authority entitled to make the decisions of what monuments shall be permitted to be
located on City property and (if so) where on the City property they shall be located.
The Planning and Community Development Committee reviewed Ordinance No. 6480 at their
September 23, 2013 meeting and recommended approval with amendments to the full City
Council.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development Other: Legal, Parks
Councilmember:Backus Staff:Faber
Meeting Date:October 7, 2013 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 54 of 120
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Ordinance No. 6480
September 23, 2013
Page 1 of 8
ORDINANCE NO. 6 4 8 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 2.97 OF THE AUBURN CITY CODE, DEFINING
A PROCESS FOR CONSIDERING REQUESTS FOR
PLACEMENT OF MONUMENTS, MEMORIALS AND
STRUCTURES TO BE LOCATED IN CITY PARKS AND ON
CITY PROPERTY
WHEREAS, the City of Auburn is an inclusive community and strives to make all
of its citizens feel welcome and a part of the City; and
WHEREAS, the City also recognizes the importance of parks and City property in
the community; and
WHEREAS, different than the first amendment – freedom of speech - rights of
individuals or entities to express themselves, whether in City Parks or other public
forums, the City recognizes its rights to control what structures are constructed on City
Parks and on its property; and
WHEREAS, it is appropriate that a process be defined so that any citizens,
groups or entities who are proposing, requesting or interested in monuments, memorials
and structures to be located in City Parks and City property know the process through
which those requests would be considered and approved; and
WHEREAS, the City also desires to preserve its rights to control what permanent
structures are erected in City Parks and/or on City property, and the City reserves the
right to determine which structures convey a positive community messages in keeping
with the City’s Policy, as stated herein, for structures to be located in City Parks and/or
on City property; and
ORD.A Page 55 of 120
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Ordinance No. 6480
September 23, 2013
Page 2 of 8
WHEREAS, the City is receptive to and inviting of requests by individuals and
organizations to have monuments, memorials and structures placed in City parks, within
the parameters of the City’s intended message and purpose, and so long as they are in
keeping with the City’s policy for monuments, memorials and structures to be located in
City Parks and on City property, as described and referenced herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Creation of a New Chapter to the City Code.
A new Chapter 2.97 of the Auburn City Code (ACC) be, and the same hereby is
created to read as follows:
Chapter 2.97
MONUMENTS TO BE LOCATED IN CITY PARKS
AND ON CITY PROPERTY
Sections
2.97.010 Purpose and introduction.
2.97.020 Definitions.
2.97.030 Government speech on monuments.
2.97.040 Administration.
2.97.050 Donated and private funding of monuments.
2.97.060 Review process.
2.97.070 Review criteria.
2.97.080 Public right of way.
2.97.090 Other policies.
2.97.010 Purpose and introduction.
A. The City may, from time to time, decide to install permanent Monuments
on City property to provide the City’s commemoration of persons or events of note, or to
otherwise convey the City’s position on various topics (“referred to as “Government
Speech”). The City retains, in its sole discretion, the rights to control the message of
monuments in its City Parks and on its public property. An Application Form shall be
available from the City Clerk and from the Parks Department for use by private
individuals, groups and entities who wish to request placement of Monuments in City
Parks or on City property.
B. By placing Monuments on City property, the City intends only to engage in
Government Speech and does not intend to open a public forum for free speech activity.
ORD.A Page 56 of 120
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Ordinance No. 6480
September 23, 2013
Page 3 of 8
C. The purpose of this Chapter is to establish criteria and guidelines for the
consideration and installation of Monuments on City-owned property deemed by the
City to be appropriate to serve as the site for a Monument. In doing so, the City
recognizes the following considerations:
1. Monuments can convey a powerful connection between Auburn and its
history, and in some instances its future.
2. It is therefore important that the placement of Monuments be limited to
circumstances of the highest community-wide importance, both to maintain the
significance of such Monuments and to minimize conflicts with the active and variable
use of public spaces.
Notwithstanding the foregoing, the City may decide, in its sole discretion, to reject
a proposal for a Monument and/or may determine the appropriate site for any and all
City Monuments.
2.97.020 Definitions.
A. The following definitions apply to this Chapter:
1. “Government Speech” means the speech of the City per the doctrine
addressed in Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 115
S.Ct. 2510, 132 L.Ed.2d 700 [1995] and cases relying thereon. Under this doctrine,
when the City retains the power to control the message conveyed, the statements and
expressive actions are Government Speech of the City even if it uses other persons or
entities to communicate its messages.
2. “Monument” means a marker, statue, or other similar permanent
structures and installations to express Government Speech, as described and
referenced in this Chapter, and which are installed by the City on City property, or which
are accepted by the City and installed on City property with City permission, and subject
to the following:
(a) Monuments may be in various forms including statues, fountains,
buildings, or gardens among other forms of monuments as determined by the City.
(b) Monuments do not include items dedicated in parks, such as benches,
trees, small plaques (plaques not larger than five (5) square feet in size), and other
memorials with a dollar value that does not exceed Five Thousand Dollars ($5,000.00),
as determined by the estimated or anticipated cost of purchase or construction and
installation or placement; Provided, however, that if the monument requires a building
permit, it shall be included in the definition of monuments.
(c) Monuments do not include memorial signs as defined in the City’s
Memorial Sign Program (Chapter 12.68 ACC).
B. In the event that a question arises as to whether a proposal falls within the
scope of this Chapter or these definitions, or if a question arises as to how the proposal
falls within the scope hereof, the City Council shall have the sole discretion to decide
such questions and to make determinations relating thereto.
2.97.030 Government speech on monuments.
A. City’s Government Speech Topics. The City may install or accept City-
approved Monuments on City property as a form of “Government Speech” as City
ORD.A Page 57 of 120
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Ordinance No. 6480
September 23, 2013
Page 4 of 8
recognition of significant events or people or to provide information from the City on
topics approved by the City, as set forth below:
1. The contributions of individuals or groups who made a substantial impact
upon the City, the Auburn Community, King County, Pierce County, Washington State,
or the United States;
2. The City’s position on topics of interest to the community, as determined
by the City Council;
3. The history of Auburn, the State of Washington, or of the United States;
4. Historical or cultural influences on Auburn;
5. Native flora, fauna and wildlife of Auburn and the greater Auburn Area –
the area surrounding Auburn and regionally in the vicinity of Auburn;
6. Local innovation or creativity that has contributed to Auburn’s growth and
prosperity; or
7. Other criteria selected by the City Council and set forth in an amendment
to this Chapter.
B. The City shall not place Monuments on City property which have the
purpose of promoting, favoring or inhibiting any religion or which would appear to a
reasonable person that the City is promoting, favoring, or opposing a religion.
2.97.040 Administration.
A. The Mayor may recommend to City Council the approval or denial of
monument proposals. The Mayor may enact administrative guidelines and procedures
to implement this Chapter, including procedures for consideration of locations deemed
amenable to Monuments. The Mayor shall also designate the Lead Department or
Departments for Monuments located on City property depending on the proposed
location of the Monument and the potential impact to City Departments.
B. Notwithstanding that certain City property is operated or managed by a
private operator pursuant to an agreement, the evaluator of the Monument and the final
decision maker shall be the City Council and not the private operator or manager.
C. The Director of the Lead Department shall coordinate with the Director of
Parks, Art and Recreation if there are any questions or issues as to whether a proposed
Monument is primarily Public Art, or whether it otherwise fits into the City’s Public Art
programs.
2.97.050 Donated and private funding of monuments.
A. In accordance with Chapter 2.87 ACC, the City encourages private
donations to the City to support various City programs and City operations, which may
include without limitation, the cost of acquisition, installation and maintenance of
Monuments on City property. The City prefers to receive private donations in the form of
funds that may be used by the City to review, design, fabricate, acquire, install and/or
maintain Monuments, rather than the donation of a completed Monument.
B. However, the City may from time to time, at City’s sole option, consider
accepting a completed Monument as a form of Government Speech, provided that the
Monument meets the City’s approved Government Speech topics and also meets all of
the other criteria set forth in this Chapter and in any related administrative guidelines or
ORD.A Page 58 of 120
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Ordinance No. 6480
September 23, 2013
Page 5 of 8
procedures. After City Council’s acceptance of a Monument, which acceptance shall be
through an appropriate process approved by the City Council, and subject to City’s
explicit approval of installation of the Monument upon City property, title to the
Monument shall vest with City and the City may remove, relocate and shall otherwise
have sole control over the Monument.
C. While the City appreciates donations of Monuments to the City, the City is
under no obligation to accept any donated Monument even if the Monument meets, or
could be said to meet, all of the criteria set forth in this Chapter. The City’s decision to
accept a donated Monument may also depend upon the cost to the City of design,
fabrication, installation and maintenance of the Monument and site considerations,
among other factors.
D. The City may, at its option, decide for budgetary reasons to prioritize
Monuments where the City expects to receive donated funding to cover the cost of
design, fabrication, installation and maintenance of the Monument. Unless otherwise
agreed by City Council, the donor of a proposed Monument is responsible for providing
the City with funds to cover the cost of review, design, fabrication, installation and
maintenance to ensure adequate care for the Monument.
2.97.060 Review process.
A. The Mayor or his or her designee shall provide the initial screening of
Monument proposals to determine if the proposed Monument complies with the
provisions of this Chapter including without limitation, to evaluate the suitability of the
proposed Monument site, if any, so that a report and recommendation may be prepared
for the City Council in advance of its decision on the proposal. If the Mayor’s decision is
to conduct further review of the proposal based upon considerations consistent with this
Chapter, the proposal shall be referred to the appropriate department, so the report and
recommendations to the Council can address the considerations and criteria of this
Chapter.
B. The Lead Department shall prepare a report for consideration by the City
Council and such board or commission designated by the City Council, if any, and shall
coordinate with the Mayor and with other affected departments. The Lead Department
shall submit an advisory recommendation to the Mayor for the Mayor’s review regarding
the Monument based upon the factors set forth in this Chapter and the Review Criteria
set forth below. After the Mayor’s review, and amendments and modifications (if any)
the Mayor shall then forward the recommendation to the City Council.
C. The City Council shall have final approval of a City project to design and
construct a Monument, or to accept a donated Monument.
D. The Mayor shall, on at least a quarterly basis, submit a report to the City
Council informing the City Council of any and all Monument donations and application
proposals received by the City, and the Mayor’s recommendations regarding each
proposal.
E. All required environmental review shall be approved by the City’s planning
department before the City commits to installing a Monument. The Monument shall be
consistent with adopted City master plans unless those plans are amended as a part of
the review process.
ORD.A Page 59 of 120
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Ordinance No. 6480
September 23, 2013
Page 6 of 8
F. While a formal building permit is not required, the Building Official shall
review the structure and site plan to ensure conformance with the building code adopted
by Washington State.
G. Notwithstanding the foregoing, the City Council may decide, in its sole
discretion, to reject a proposal for a Monument and/or may determine the appropriate
site for any and all City Monuments.
H. Notwithstanding any other provisions of the Auburn City Code, the
process set forth in this Chapter shall be the only City process for reviewing the siting or
location of monuments.
2.97.070 Review criteria.
A. A proposed Monument must:
1. Pass City safety and liability exposure review.
2. Conform to the approved Government Speech topics.
3. Be made of durable materials, able to withstand the elements for a
minimum of 50 years with minimum maintenance.
4. Be made of materials resistant to vandalism and graffiti as much as is
reasonably possible.
5. Be of a scale, materials, color and style appropriate and consistent with
aesthetics of the proposed location of the Monument and such other reasonable factors
as the City determines, including but not limited to sight distance, safety, and other
applicable requirements for structures as set forth in the Auburn City Code.
6. Conform to the requirements of the Americans with Disability Act (ADA) to
ensure that there is a path that allows access to the monument.
7. Conform to the adopted building code to ensure that the footing and
monument are structurally adequate.
B. The City shall also consider whether:
1. The person, group or event being memorialized deemed by the City to
have made a significant enough contribution to merit a Monument of the scale, cost and
visibility of the proposed Monument.
2. The Monument duplicates existing Monument themes. Multiple
monuments for similar or related groups are disfavored.
3. The Monument proposal has been the subject of one or more public
meetings conducted by the Monument’s proponents. The public meeting shall be
conducted in accordance with ACC Section 18.02.030.
4. The proposed Monument has the general support of the persons or
community that the Monument is intended to honor.
5. The proposed site in the park or plaza for the Monument is related to the
underlying purpose of the Monument or the site in the park or plaza has been
designated in a master plan or other approval of the City Council as a particularly
appropriate site for a proposed Monument.
6. The Monument has been designed by or under the direct supervision of a
qualified professional in the art or design field, and provides a quality, scale, and
character commensurate with the location, circulation, and use patterns of the City
property. Qualified professionals include registered architects, engineers, landscape
ORD.A Page 60 of 120
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Ordinance No. 6480
September 23, 2013
Page 7 of 8
architects and artists who can demonstrate professional recognition in the form of public
commissions or permanent public installations. The City may solicit input from such
professionals, and from planners or urban designers in making this determination.
Monuments shall not displace the intended function and or use of said property, as
articulated in adopted master plans or similar City documents.
7. There is a committed and verifiable funding source for the review, design,
fabrication, installation and maintenance of the Monument before proceeding to incur
City costs and staff time. The proponents of the Monument agree to enter into an
agreement to provide the City with funds that cover the cost of review, design,
fabrication and installation, and an adequate endowment to cover the cost of the
Monument’s maintenance as determined by City. Alternatively, the City may consider
accepting an agreement from a group to maintain a Monument in perpetuity and in
accordance to City Standards rather than a cash endowment.
2.97.080 Public right of way.
The public right of way shall not be considered as a site for Monuments, except
as provided for in Chapter 12.68 ACC.
2.97.090 Other policies.
A. Nothing in this Chapter is intended to supersede or limit any other City
Code Sections or Administrative Policies, including, but not limited to: the City’s Policies
and Procedures for its Art in Public Places programs, whether the art is privately or
publicly funded, and the provisions of Ordinance No. 6243 (including Chapter 2.85
ACC) and Resolution No’s. 4546 (Percent for Art) and 4323 (Integrated Artwork), and
the Auburn Parks, Arts and Recreation Department Policies and Procedures for Gift
Acceptance and Donor Recognition.
B. This Chapter does not cover temporary installations on City property, nor
does it limit the City’s ability to place signage or plaques on City property to provide
donor or sponsor recognition, public information regarding a City project, or to place
historical markers or to provide other information to the public.
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
ORD.A Page 61 of 120
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Ordinance No. 6480
September 23, 2013
Page 8 of 8
not affect the validity of the remainder of this ordinance, or the validity of its application
to other persons or circumstances.
Section 4. Effective Date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
ORD.A Page 62 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6482
Date:
October 2, 2013
Department:
Planning and Development
Attachments:
Ordinance No. 6482
Attachement A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6482.
Background Summary:
The City of Auburn put into place the Multifamily Property Tax Exemption in 2003 with
Ordinance No. 5779 which included a minimum investment per unit of $200,000. In
2009, the City Council made additional changes to Chapter 3.94 in response to changes
made in state law related to affordable housing and the length of time for the property
tax exemption.
As the City has been working with two developers for redevelopment of the downtown
catalyst blocks, it was brought to the City’s attention that the minimum investment per
unit of $200,000 could not be reached with the proposed projects and have the project
pencil financially. Landmark Development is proposing a 5 story, 126 unit mixed-use
project and Teutsch Partners LLC is proposing a market rate project that could be senior
housing or apartments. Both applicants have submitted a request to the City to lower
the minimum investment per unit in order for the projects to perform (see the attached
letters). The investment into the projects through high level finishes and amenities is
planned but without the Seattle market rents a project in Auburn does not perform at a
$200,000 per unit investment. The requested minimum investment by the two
applications is $130,000 per unit. There is no requirement in the RCW for a minimum
dollar investment.
During discussion at the Planning and Community Development Committee (PCDC)
meeting on September 23, 2013, the Committee was supportive of modifying the code
language to not have a minimum investment value per unit for an entire market rate
project but the project must have a minimum of 50 units. The Committee recommended
that that the minimum investment value per unit be $130,000 for a combination market
rate/affordable housing project.
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 63 of 120
Staff also proposes to amend when the application for the multifamily property tax
exemption is required to be submitted. During discussion at the PCDC meeting, the
Committee was supportive of changing the submittal prior to certificate of occupancy.
There is no requirement in the RCW for when the application needs to be submitted.
Reviewed by Council Committees:
Finance, Public Works Other: Planning, Legal
Councilmember:Backus Staff:Welch
Meeting Date:October 7, 2013 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 64 of 120
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Ordinance No. 6482
October 1, 2013
Page 1 of 6
ORDINANCE NO. 6 4 8 2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 3.60.036, 3.94.040 AND 3.94.060 OF
THE AUBURN CITY CODE RELATING TO TAX
EXEMPTIONS
WHEREAS, The City Council has enacted legislation granting sales and
property tax exemptions designed to promote economic development in certain
areas of the City; and,
WHEREAS, upon further review and the recommendations of the Mayor
and City Staff, the City Council wishes to adjust the criteria for these exemptions
in order to further incentivize construction in certain areas 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 3.60.060 of
the Auburn City Code be and the same hereby is amended to read as follows:
3.60.036 Construction sales tax exemption.
A.1. The following purchasers in the eligible target business class
who have paid the tax imposed by this chapter on construction materials,
fixed equipment, or machinery installation, or on sales of or charges made
for labor and services rendered in respect to such construction or
installation of such machinery or equipment, are eligible for an exemption
as provided for in this section: for property zoned downtown urban center
(DUC), C-3 (heavy commercial district), and C-4 (mixed-use commercial),
purchases directly related to the construction of new commercial buildings
or redevelopment of existing vacant buildings 25,000 square feet or
greater or expansion of existing commercial buildings that creates new or
expanded building floor area that generates sales tax revenue.
2. For property zoned downtown urban center (DUC),
purchases directly related to the construction of new commercial buildings
less than 25,000 square feet, or redevelopment of existing buildings less
than 25,000 square feet, where the cost of the improvement is at least 25
ORD.B Page 65 of 120
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Ordinance No. 6482
October 1, 2013
Page 2 of 6
percent of the current assessed value of the improvements on the
property pursuant to the assessment records of King or Pierce County, as
applicable.
3. For property zoned M-1 (light industrial district), M-2 (heavy
industrial district) and EP (environmental park district), purchases directly
related to the construction of new commercial buildings, redevelopment of
existing buildings that result in a change of occupancy from warehouse
use to manufacturing use, or redevelopment of existing buildings where
the cost of the improvement is at least 25 percent of the current assessed
value of the improvements on the property pursuant to the assessment
records of King or Pierce County, as applicable.
B. Beginning on the effective date of the ordinance codified in
this section through a date four years after the effective date, a purchaser
is eligible for an exemption specified under this section from the local
sales and use tax paid under this chapter, as authorized under RCW
82.14.030(2), up to a maximum of 20 percent of taxes imposed and paid
to the city of Auburn not to exceed $100,000. The purchaser is eligible for
an exemption under this section in the form of a refund.
C. For purposes of this section, the following definitions apply:
1. “Change of occupancy” means a change of the purpose for
which a building is used or intended to be used. The term shall also
include the building or portion thereof in which such change of occupancy
is made. Change of occupancy is not intended to include change of
tenants or proprietors.
2. “Commercial building” means a structure that has, as its
primary purpose, a commercial use as that term is defined in ACC
18.04.240.
3. “Expansion” means to add to the floor area of a building.
4. “Purchaser” means a person or entity that is the recipient of
a good or service.
D. Eligible Target Business Classes.
1. The construction sales tax exemption specified in subsection
(A)(1) of this section shall only apply to those businesses engaged in
normal business activities under the following classifications of businesses
occurring within the specified zoning designations:
a. General Merchandise, Warehouse Club, SuperCenter –
Sales Tax Classification Code 45291;
b. Building Materials and Garden Home Center – Sales Tax
Classification Code 44411;
c. Electronics and Appliances – Sales Tax Classification Code
44311;
d. Full Service Restaurants – Sales Tax Classification Code
722110;
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Ordinance No. 6482
October 1, 2013
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e. New and Used Automobile and Light Utility Truck Dealers –
Sales Tax Classification Code 44110;
f. Bowling Centers – Sales Tax Classification Code 713950;
g. Motion Picture Theaters (excluding drive-in theaters) – Sales
Tax Classification Code 512131; and
h. Hotels – Sales Tax Classification Code 72110.
i. Residential buildings and dwellings within the DUC only –
North American Industry Classification System Code 531110.
2. The construction sales tax exemptions specified in
subsections (A)(2) and (3) of this section shall apply to all businesses
located in the DUC, EP, M-1, and M-2 zoning districts as set forth in those
subsections. (Ord. 6442 § 1, 2012; Ord. 6376 § 2, 2011.)
Section 2. That section 3.94.040 of the Auburn City Code be and the
same hereby is amended to read as follows:
3.94.040 Tax exemption – Duration – Valuation – Exceptions.
A. Exemption, Duration of. The value of new housing
construction, conversion, and rehabilitation improvements for market rate
property qualifying under this chapter is exempt from ad valorem property
taxation for eight successive years beginning January 1st of the year
immediately following the calendar year of issuance of the final certificate
of tax exemption and 12 successive years beginning January 1st of the
year immediately following the calendar year of issuance of the final
certificate of tax exemption for affordable housing qualifying under this
chapter.
B. Limits on Exemption. The exemption does not apply to the
value of land or to the value of nonhousing improvements, nor does the
exemption apply to increases in assessed valuation of land and
nonqualifying improvements. This chapter also does not apply to
increases in assessed valuation made by the assessor on nonqualifying
portions of building and value of land, nor to increases made by lawful
order of a county board of equalization, the Department of Revenue, or a
county, to a class of property throughout the county or specific area of the
county to achieve the uniformity of assessment or appraisal required by
law. In the case of rehabilitation of existing buildings, the exemption does
not include the value of improvements constructed prior to the submission
of the application required under Chapter 84.14 RCW.
C. The following exceptions apply to development within the
urban center:
1. Projects on property zoned Downtown Urban Center, as shown
on the City’s official zoning map, must have a minimum of 50 units to
qualify for the exemption.
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Ordinance No. 6482
October 1, 2013
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2. Newly constructed or rehabilitated market rate units do not
require a minimum per unit investment to qualify for the exemption.
3. Only newly constructed or rehabilitated market rate units
with a minimum investment of $200,000 per unit annually adjusted for
inflation by the Consumer Price Index as of the passage date of the
ordinance codified in this section (August 17, 2009) or nNewly constructed
or rehabilitated market rate units with a minimum investment of
$20130,000.00 average per unit annually adjusted for inflation by the
Consumer Price Index as of the passage date of the ordinance codified in
this section (August 17, 2009) and 20 percent or more of the units priced
as affordable units shall qualify for the exemption. (Ord. 6257 § 1, 2009;
Ord. 6020 § 1, 2006; Ord. 5779 § 1, 2003.)
Section 3. That Section 3.94.060 of the Auburn City Code be and the
same hereby is amended to read as follows:
3.94.060 Application procedure.
The owner of property applying for exemption under this chapter shall
submit an application to the director on a form established by the director.
The owner shall verify the correctness of the information contained in the
application by his/her signature and affirmation made under penalty of
perjury under the laws of the state of Washington. The application shall
contain such information as the director may deem necessary or useful,
which at a minimum shall include:
A. A completed city of Auburn application form, including
information setting forth the grounds for tax exemption;
B. A brief written description of the project, and schematic site and
floor plans of the multifamily units and the structure(s) in which they are
proposed to be located;
C. Floor and site plans of the proposed project, which plans may be
revised by the owner; provided, in the opinion of the director, such
revisions do not materially alter the nature of the project or the rationale
substantiating the exemption application;
D. A statement from the owner acknowledging the potential tax
liability when the property ceases to be eligible for exemption under this
chapter;
E. At the time of initial application under this section, the owner
shall pay to the city an initial application fee of $1,000, plus an amount
necessary to cover recording fees under ACC 3.94.100;
F. Except as otherwise provided in ACC 3.94.070, the application
shall be submitted any time before the earlier of:
1. An application for a land use approval process; and
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Ordinance No. 6482
October 1, 2013
Page 5 of 6
2. An application for a building or other construction permitAa
certificate of occupancy, temporary or final, is issued;
G. If on the effective date of the ordinance codified in this chapter,
the owner has applied for a permit identified in subsection (F)(2) of this
section, then application for exemption under this section may be
submitted any time prior to issuance of a building permit. (Ord. 6257 § 1,
2009; Ord. 5779 § 1, 2003.)
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. 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 6. 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
ORD.B Page 69 of 120
- - - - - - - - - - - - - - - -
Ordinance No. 6482
October 1, 2013
Page 6 of 6
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
ORD.B Page 70 of 120
Attachment A
rL uTsc )-)
P A R T N E K S
R ral fis tore Srr r , < e
September 12,2013
Mr Doug Lein
Economic Development Manager
City of Auburn
25 West Main Street
Auburn,WA. 98001
RE: Auburn Municipal Code Chapter 3.94.040.0
Dear Doug,
Our anticipated development plan for either the SW Block or the SE Block, as described in the
Purchase and Sale Agreement dated as of August 28,2013, by and between the CITY OF AUBURN, a
Washington municipal corporation, ("Seller"), and TEUTSCH PARTNERS LLC, a Washington limited
liability company("Buyer"), will consist of the following product types.
Senior Housing(single purpose or a combination of independent living, assisted living,
memory care, and/or age restricted housing).
Student Housing.
Market Rate Multifamily.
Principle Use Commercial Space.
Accessory Commercial and Parking, as required by the Auburn Municipal Code.
As discussed at our 7-30-13 meeting, the total project cast(defined as including all land, hard and
soft costs associated with the development of the project), blended over the anticipated n of
residential units,will be lower than the$200,000 unit threshold stipulated in AMC 3.94.040.0. The
financial viability of the project requires that the project be eligible for the multifamily tax
exemption program. Therefore, we request that the City amend the code by reducing the$200,000
minimum to$130,000 average minimum threshold in 2013 Dollars.
Sincerely,
Jalker
2001 Western Avenue, Suite.330 0 Seattle, tl'lnsbbtgluu 'J8121
7':206.728.1130 o l^206.723:09.35 o mmtv.lcutsch.cum o [•united Liability Co.ORD.B Page 71 of 120
I
Plan A Development LLC
2711 West Valley Highway North, B200
Auburn, WA 98001
September 18, 2013
Mr. Doug Lein
Economic Development Manager
City of Auburn
25 West Main Street
Auburn, WA 98001
RE: Tax Abatement Program
Auburn Municipal Code 3.94.040.0
Dear Mr. Lein:
t
As we have discussed previously, the tax abatement program offered by the City to promote
mixed use residential development in the Auburn Downtown is essential for the financial
viability of our proposed mixed use project located directly south of the new City Hall Building
Oil Main Street between"A"and Division Streets. however, after specific review of the
ordinance, unlike other City Tax Abatement Programs, AUbUrn'S code requires a mininuun total
residential unit cost to qualify for the program. Additionally, the code requires that the total unit
cost be in excess of$200,000; this cost structure is unheard of and infeasible in Auburn.
Our building will be comprised of market rate housing with anticipated rents ranging from $900
to $1400 depending on unit type/size. To help achieve the necessary underwriting criteria for the
financial institutions, we, respectfully, request that the minimum cost per residential unit to
qualify for the Tax Abatement program be reduced from$200,000 to $128,000. 'Fire reduced
cost estimate is based on the apartment trend for smaller unit sizes together with reduced costs
resulting from the current economic downturn.
If you have any questions or would like to discuss this further, please call are at (253)333-7007.
mcerely,
F
Nf LLC
rclt
ORD.B Page 72 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4991
Date:
September 25, 2013
Department:
Finance
Attachments:
Resolution No. 4991
Mead & Hunt contract
Budget Impact:
$0
Administrative Recommendation:
City Council approve Resolution No. 4991
Background Summary:
The City needs to conduct a Wildlife Habitat Assessment at the Auburn Municipal Airport
and would like to enter into a contract with Mead & Hunt, Inc. Contract is attached for
review and discussion.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:October 7, 2013 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 73 of 120
----------------------------
Resolution No. 4991
September 23, 2013
Page 1 of 2
RESOLUTION NO. 4991
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 MEAD & HUNT,
INC., FOR A WILDLIFE AND HABITAT ASSESSMENT AT
THE AUBURN MUNICIPAL AIRPORT
WHEREAS, The City needs to conduct a Wildlife Habitat Assessment 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 Mead & Hunt, Inc.;
and
WHEREAS, it is in the public interest for the parties to enter into an agreement
for these 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 Mead & Hunt, Inc., in the amount of Sixty Four
Thousand, Five Hundred Dollars and no cents ($64,500.00), (sales tax not applicable),
to conduct a Wildlife Habitat Assessment at the Auburn Municipal Airport, which
agreement shall be in substantial conformity with the agreement attached hereto 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.
RES.A Page 74 of 120
----------------------------
Resolution No. 4991
September 23, 2013
Page 2 of 2
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2013.
CITY OF AUBURN
_________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
RES.A Page 75 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 1 of 18
AGREEMENT FOR PROFESSIONAL SERVICES
Wildlife Hazard Assessment
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 Mead & Hunt, Inc. whose address is 6501 Watts Road, Madison,
Wisconsin 53719, 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.
See Exhibit A, which is attached hereto and by this reference made a part of this
Agreement.
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
December 2015.
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 total compensation for this Agreement shall not exceed sixty-four thousand
five hundred dollars ($64,500.00), sales tax not applicable.
RES.A Page 76 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 2 of 18
CONSULTANT shall invoice the City monthly based on work performed, with the
final payment to be made upon completion and CITY acceptance of the final report.
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
permission for subcontracting shall create, between the CITY and subcontractor, any
contractor 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 and paid for by the
CONSULTANT and not the CITY.
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 within one year of final
completion. The CONSULTANT shall perform its services to conform to generally-
accepted professional 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
RES.A Page 77 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 3 of 18
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,
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.
Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence
of the CONSULTANT and the CITY, its officers, officials, employees, and volunteers,
the CONSULTANT 's liability, including the duty and cost to defend, hereunder shall be
only to the extent of the CONSULTANT 's negligence. 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.
RES.A Page 78 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 4 of 18
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:
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 named as an 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.
RES.A Page 79 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 5 of 18
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.
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 with
respect to 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’S insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days prior written
notice has been given to the CITY by certified mail, return receipt requested.
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
RES.A Page 80 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 6 of 18
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.
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.
RES.A Page 81 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 7 of 18
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
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.
RES.A Page 82 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 8 of 18
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.
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.
RES.A Page 83 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 9 of 18
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.
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 Laura Morland 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 Mead & Hunt, Inc
Attn: Bill Thomas Attn: Rick Jones
25 W Main Street 1743 Wazee Street, Suite 400
Auburn WA 98001 Denver, CO 80202
Phone: 253-288-3142 Phone: 303-825-8844
Fax: 253-288-3132 Fax: 303-825-8855
E-mail: bthomas@auburnwa.gov E-mail: rick.jones@meadhunt.com
RES.A Page 84 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 10 of 18
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.
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.
14. CONSULTANT will bill the CITY monthly, according to the payment
method set forth in the Contract, with net payment due in thirty (30) days. The quoted
fee will control until it is amended. Past due balances shall be subject to an interest
charge at a rate of 1-1/2% per month. In addition, CONSULTANT may, after giving
seven (7) days' written notice, suspend service under any agreement until the CITY has
paid in full all amounts due for services rendered and expenses incurred, including the
interest charge on past due invoices.
15. The term “Confidential Information” means information marked or designated
by CONSULTANT or CITY as confidential. Confidential Information includes, but is not
limited to, ideas, specifications, techniques, models, data, programs, documentation,
processes, know-how, and financial and technical information. CITY and CONSULTANT
RES.A Page 85 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 11 of 18
shall not, during the term of this agreement or after the termination of this agreement for
a period of two (2) years disclose any Confidential Information to any person or entity,
or use any Confidential Information to any person or entity, or use any Confidential
Information for the benefit of CITY or CONSULTANT as the case may be, or any other
person or entity, except with the prior written consent of CONSULTANT or CITY, as the
case may be, or as required by law. CONSULTANT acknowledges that the CITY is
subject to Washington’s Public Records Act (Chapter 42.56 RCW.) If the CITY receives
a request for records that contain Confidential Information, it will notify the
CONSULTANT of the request and will give CONSULTANT ten working days to obtain
an injunction preventing the release. CITY will cooperate with CONSULTANT in
protecting Confidential Information, but will not initiate litigation. If release of records
containing Confidential Information is ordered by a court of competent jurisdiction,
CONSULTANT shall be responsible for all fines and penalties assessed against the
City.
16. The CITY agrees to clarify and define project requirements and to provide
such legal, accounting and insurance counseling services as may be required for the
project.
17. CONSULTANT intends to serve as the CITY’s professional representative for
those services as defined in this agreement and to provide advice and consultation to
the CITY as a professional. Any opinions of probable project costs, reviews and
observations, and other decisions made by CONSULTANT for the CITY are rendered
on the basis of experience and qualifications and represent the professional judgment of
the CONSULTANT. However, the CONSULTANT cannot and does not guarantee that
proposals, bids or actual project or construction costs will not vary from the opinion of
probable cost prepared by it.
RES.A Page 86 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 12 of 18
18. This agreement shall not be construed as imposing upon or providing to
CONSULTANT the responsibility or authority to direct or supervise construction means,
methods, techniques, sequence, or procedures of construction selected by the
contractors or subcontractors or the safety precautions and programs incident to the
work of the contractors or subcontractors.
CITY OF AUBURN
Peter B. Lewis, Mayor
Date
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Mead & Hunt, Inc.
BY:
Title:
Federal Tax ID #
RES.A Page 87 of 120
Consultant Invoices
Agreement No. AG-C-xxx
Page 13 of 26
.
EXHIBIT A
Scope of Work
AGREEMENT #: TASK #:
CONSULTANT: Mead & Hunt, Inc.
PROJECT Name: Wildlife Hazard Assessment
The general provisions and clauses of the Agreement referenced above shall be in full force
and effect for this Task Assignment.
Location of Project: Auburn Municipal Airport
Maximum Amount Payable per this Task Assignment: $64,500.00, sales tax not applicable
Completion Date: Completion of draft Wildlife Hazard Assessment within 14 months of Notice
to Proceed.
Scope of Work:
Mead & Hunt to conduct a Wildlife Hazard Assessment (WHA) at Auburn Municipal Airport
(S50) in accordance with Federal Aviation Regulation (FAR) Part 139.337 (e) and (f). FAR Part
139.337(a) defines a Wildlife Hazard Assessment as an ecological study conducted by a
qualified wildlife hazard damage management biologist in accordance with FAA Advisory
Circular 150/5200-36A. All technical activities associated with the proposed WHA would be
overseen by a Mead & Hunt FAA-qualified wildlife hazard damage biologist.
The purpose of a WHA is to provide sufficient data to complete a Wildlife Hazard Management
Plan (if determined, to be required by the FAA after completion of the WHA). Title 14 CFR
139.337 (c) (1–5) provides specific guidance regarding the development of a WHA “to ensure
that its contents are sufficient in the event that the FAA requires a new or revised WHMP.”
Following the completion of the 12-month monitoring cycle, Mead & Hunt staff will prepare a
wildlife hazard assessment (WHA) report in accordance with 14 CFR 139.337. The WHA
reports on the avian and mammalian species identified during site monitoring activities and
identifies the frequency, seasonal and behavioral activities, and locations of wildlife activity and
attractants in relation to the airport. The completed WHA report will include the necessary
elements of a WHA as outlined in Title 14 CFR 139.337 and prioritized recommendations for
mitigating the hazardous wildlife attractants identified.
Based on the results of the WHA, the FAA determines whether a Wildlife Hazard Management
Plan (WHMP) is required. If the FAA determines a WHMP is necessary, the results of the WHA
serve as the scientific basis for developing and implementing the WHMP. The WHMP
designates specific duties and responsibilities for implementing the management measures
RES.A Page 88 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 14 of 18
recommended in the WHA. These regulations are set forth in 14 CFR 193.337 (f) regarding the
preparation of a WHMP. Completion of the WHMP is not included in this scope.
Scope of Services
Mead & Hunt’s project approach will use the previously developed data to the greatest extent
practicable. We will refer to recently prepared environmental studies associated with ongoing
airport improvements to inform our study design, and we work closely with airport staff to build
upon the existing data. Upon authorization from the City of Auburn, Mead & Hunt will perform
the following tasks:
Task 1: Project Initiation and Kick-off
1A. Project Kick-off Meeting
To initiate the project, Mead & Hunt team members will facilitate a kick-off meeting with airport
representatives. We will discuss the airport’s current wildlife hazard management activities,
project schedule, reporting and communication protocol, site access and security requirements,
site-specific issues associated with the WHA and any other pertinent issues. Before the
meeting, the Mead & Hunt team will review existing wildlife hazard data for the airport. The team
will also review previously developed habitat or wildlife studies developed locally for airport
projects or other projects within an approximately five-mile radius of aircraft movement areas.
Following the kick-off meeting, the Mead & Hunt team will perform an airport reconnaissance
visit with airport staff to identify:
• On-site and off-site monitoring locations to include in the study design
• Any maintenance activities or short-term actions that the airport staff can implement to
reduce hazards prior to completion of the WHA study.
1B. Obtain Security Clearance and Necessary Training
Based on conversations with airport staff, Mead & Hunt understands that project team members
will obtain appropriate security clearances and driver training to enable them to conduct project
activities within the Aircraft Operations Area (AOA) without an escort. Team members have
extensive experience working in an aviation environment. Prior to the first monitoring event,
project biologists will obtain driver training and undergo security screening sufficient to gain
access within the AOA.
1C. Prepare Study Design
Based on the data review and site visit, the Mead & Hunt team will prepare a project-specific
study design to meet statutory requirements. The FAA and USDA-APHIS-WS recommend the
following standardized survey procedures to provide an objective assessment of hazardous
wildlife in the airport environment that can be repeated in future years for comparative purposes:
• The establishment of standardized survey points throughout the AOA. Additional
survey points may be established in nearby off-airport areas suspected of attracting
birds or other potentially hazardous species that could move across the AOA.
RES.A Page 89 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 15 of 18
• Standardized surveys and bird counts (at least twice-monthly)
• Specialized surveys, as needed, to document the presence of mammals. Two small
mammal surveys and two large mammal surveys (i.e., spotlight surveys) will be
conducted during the 12-month WHA.
The study design prepared by Mead & Hunt will include, at minimum, the following data:
• Definition of study area, including items identified in FAA AC 150/5200-33B and 14
CFR 139.337, such as the general area; AOA; critical zone; and approach, departure
and circling airspace
• Frequency and schedule for biological monitoring to address daily cycles, seasonal
variations, etc.
• A map or aerial photography and grid to identify monitoring locations (usually 10 to 15
locations)
• Project-specific recording and reporting protocols and forms
The Mead & Hunt team will provide City staff with a draft study design document for review and
comment within 10 days of the project kick-off meeting, and we will incorporate one round of
comments. A final study document will be provided within one week of the receipt of comments
from City staff.
Task 1: Deliverables:
• Preparation for, attendance and documentation of project kick-off meeting and initial
site visit
• Participation in security clearance and training activities
• Draft and final study design documents
Task 2: Perform and Document Biological Studies
As described in FAA Part 139.337 (c)(2), a WHA must include the “identification of the wildlife
species observed and their numbers, locations, local movements, and daily and seasonal
occurrences.” In most cases, a 12-month assessment is required to identify seasonal patterns
of activity for birds and other wildlife inhabiting the airport and surrounding environs.
We will perform twice-monthly monitoring events, plus four mammal monitoring surveys, for a
total of 28 monitoring events, throughout the course of the biological study. The bimonthly
surveys will be performed by our locally based team members from Raedeke Associates, who
are knowledgeable of local conditions. Raedeke Associates is based in Seattle, approximately
40 minutes from S50. Survey protocols and data will be overseen by a Mead & Hunt qualified
biologist, who will participate in select monitoring events.
Initial Monitoring Event
RES.A Page 90 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 16 of 18
The initial monitoring event will be conducted with Mead & Hunt’s qualified wildlife biologist and
Raedeke Associates. A brief survey memo will be provided to summarize the results of the initial
site review or to identify necessary changes to the proposed study design or protocols.
Twice-monthly Surveys
Wildlife biologists from Raedeke Associates will perform twice-monthly surveys to record the
presence, extent and movement of wildlife on and near the airport. These twice-monthly surveys
will also include ongoing conversations with airport staff. Each wildlife sighting will be
documented on standardized forms and maps.
To adequately identify the required information during a WHA, the Mead & Hunt team will use
standardized survey procedures that provide an objective assessment of hazardous wildlife.
Each individual or flock will be indicated on the project grid to identify the spatial distributions of
wildlife on or near the airport. Collected information can include time of observation, survey
station, species, activity, habitat type and location. Observations of nonavian species will be
recorded to identify prey base, migration patterns or other changes in behavior that could be
hazardous to aircraft.
To analyze the data, birds will be categorized into groups called guilds. Species will be placed
into guilds based on behavioral characteristics. This approach is used because behavioral
attributes predispose some wildlife species to conflicts with aircraft. Wildlife management
strategies are often selected based on their ability to exploit an animal’s specific behavior(s);
therefore, species that exhibit similar behaviors generally require similar management methods.
Analyses will include calculating the quantity of birds recorded at each observation point during
surveys, seasonal and daily patterns, habitat use, species activity, guild abundance and
frequency of occurrence recorded during twice-monthly surveys.
Small Mammal Surveys
Although Mead & Hunt will record data pertaining to small mammals during the twice-monthly
monitoring events, we will also perform two small mammal surveys. These dedicated surveys
typically consist of 50 monitoring stations (trap lines) spaced at approximately 10- to 20-meter
intervals with a small mammal trap set at each station. These transects will be established in
the various types of habitat present at the airport. Our team will perform two small mammal
surveys, with each survey including a three-day data collection effort. The data collected will
identify the number of mammals captured, trap station, species, activity, habitat use, grid
location and type of trap. The team’s qualified wildlife hazard damage biologist will direct
activities associated with the small mammal surveys.
Large Mammal Surveys
Two large mammal surveys will be performed. Spotlight surveys will be performed at night along
a predetermined route, which usually includes areas near the runways and more remote areas
of the airport property. Observations typically begin at least 30 minutes after sunset and
conclude several hours later. The data collected will include species, activity, habitat use and
grid location.
RES.A Page 91 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 17 of 18
Deliverables:
• Documentation of twice-monthly monitoring events and recommendations for airport
staff responsible for wildlife hazard management
Task 3: Prepare Wildlife Hazard Assessment Report
FAR Part 139 specifies the topics that must be addressed in a WHA report. Although wildlife
hazard management practices vary according to airport based on local environmental
conditions, several types of best management practices (BMPs) can be incorporated at most
airports to reduce the potential for wildlife strikes based on the results of biological observations.
The Mead & Hunt team will include applicable strategies we have observed or developed while
working at other airports, as well as site-specific strategies based on field observations.
Mead & Hunt will recommend and refine these general approaches/BMPs based on the results
of observations. Proposed measures will be based on sound scientific principles and safe
airport operation. We will consider unique airport circumstances and operational concerns when
recommending wildlife hazard management techniques.
Mead & Hunt will prepare a Preliminary Draft WHA for review by City staff. Following staff
review, we will incorporate one round of comments and prepare a Draft WHA for submission to
the FAA. The Mead & Hunt team will submit the draft WHA to FAA staff and respond to
questions or comments. We will incorporate up to one round of FAA comments within two
weeks of receipt and prepare a final WHA report.
Deliverables:
• Preliminary draft WHA report
• Draft WHA report
• Final WHA report
Responsibilities of City of Auburn
Our Scope of Services and Compensation are based on Auburn Municipal Airport performing or
providing the following:
• A designated representative with complete authority to transmit instructions and
information, receive information, interpret policy, and define decisions.
• Provide access to adjacent properties if necessary.
• Access to the project site.
• Available data, drawings, and information related to the project.
• Review of draft-final plans and specifications within 2 weeks of receipt.
• Protection of Mead & Hunt-supplied digital information or data, if any, from
contamination, misuse, or changes.
Project Schedule
RES.A Page 92 of 120
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Agreement for Professional Services
Wildlife Hazard Assessment
September 18, 2013
Page 18 of 18
Mead & Hunt will provide City staff with a complete WHA report within one month of monitoring
completion (month 13). We anticipate both the City and the FAA will review project reports
within appropriate timeframes, and we will provide a revised draft within two weeks of comment
receipt from each agency.
RES.A Page 93 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4993
Date:
September 10, 2013
Department:
Human Resources
Attachments:
Resolution 4993
Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4993.
Background Summary:
The Association of Washington Cities Employee Benefit Trust is an entity to which
contributions by cities and towns and non-city entities organized and existing under the
Constitution of laws of the State of Washington and who are members of the Trust and
their employees can be paid, and through which the Board of Trustees of the Trust
provides one or more insured health and welfare benefit plans or programs to
Participating Cities and Towns' and Non-City Entities' employees, their dependents and
other beneficiaries, on whose behalf the contributions were paid.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Heineman
Meeting Date:October 7, 2013 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 94 of 120
------------------------------
Resolution No. 4993
September 10, 2013
Page 1 of 4
RESOLUTION NO. 4993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN AND
ASSOCIATION OF WASHINGTON CITIES EMPLOYEE
BENEFIT TRUST FOR HEALTH CARE
WHEREAS, the Association of Washington Cities Employee Benefit Trust (the
“Trust”) is an entity to which contributions by cities and towns and non-city entities
organized and existing under the Constitution or laws of the State of Washington and
who are members of the Trust (“Participating Cities and Towns,” and “Participating Non-
City Entities”) and their employees can be paid and through which the Board of
Trustees of the Trust (“Trustees”) provides one or more insured health and welfare
benefit plans or programs to Participating Cities and Towns’ and Non-City Entities’
employees, their dependents and other beneficiaries (“Beneficiaries”), on whose behalf
the contributions were paid; and
WHEREAS, the Trust qualifies as a voluntary employee beneficiary association
within the meaning of Section 501(c)(9) of the Internal Revenue Code, providing for the
payment of life, sick, accident or other benefits to Beneficiaries; and
WHEREAS, the Trust and Participating Cities and Towns and Non-City Entities
have determined that it is in the best interest of Participating Cities and Towns and Non-
City Entities to jointly self-insure certain health benefit plans and programs for
Beneficiaries through a designated account within the Trust, while at the same time
having the Trust continue as the entity to which other insured health and welfare benefit
RES.B Page 95 of 120
------------------------------
Resolution No. 4993
September 10, 2013
Page 2 of 4
program contributions are paid and through which insured health and welfare benefit
plans and programs are provided to Beneficiaries; and
WHEREAS, it appears economically feasible and practical for the parties to do
so; and
WHEREAS, Chapter 48.62 of the Revised Code of Washington (RCW) provides
that two or more local government entities may, by Interlocal Agreement under chapter
39.34 RCW, jointly self-insure health benefit plans and programs, and/or jointly hire risk
management services for such plans or programs by any one or more of certain
specified methods; and
WHEREAS, the Association of Washington Cities Employee Benefit Trust
Interlocal Agreement (the “Interlocal Agreement”) attached hereto creates a joint self-
insured health and welfare benefit program (the “Health Care Program”) to be
administered by the Trustees for the purposes of providing self-insured health benefits
to Beneficiaries; and
WHEREAS, Section 200-110-030 of the Washington Administrative Code (WAC)
requires every local government entity participating in a joint self-insurance health and
welfare benefit program to adopt such program by resolution; and
WHEREAS, Chapter 48.62 RCW requires Health Care Program assets to be
managed consistent with existing authority over use of municipal funds in RCW
35.39.030. The Trust will manage Health Care Program reserves in compliance with
RES.B Page 96 of 120
------------------------------
Resolution No. 4993
September 10, 2013
Page 3 of 4
Chapter 48.62 RCW; RCW 35.39.030, and the Health Care Program Investment Policy;
and
WHEREAS, all premium contributions for use in the Health Care Program are
deposited into a designated account within the Trust, the Health Care Program Account
(the “HCP Account”), and the HCP Account represents a pool of funds that is
independent of all other Trust or AWC funds; and
WHERE, the Trust intends to manage the HCP Account assets in compliance
with federal and state laws and the Interlocal Agreement; and
WHEREAS, the City of Auburn, Washington believes it is in the best interest of
the Health Care Program to allow the Trust to manage the HCP Account.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Interlocal Agreement creating the Health Care Program, a copy
of which is attached hereto, marked as Exhibit “A” and incorporated herein by this
reference, is hereby approved and adopted, and the Mayor is authorized to execute the
same on behalf of the City of Auburn.
Section 2. By adopting such Agreement, the City of Auburn acknowledges that
it shall be subject to assessments as required by the Health Care Program.
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
RES.B Page 97 of 120
------------------------------
Resolution No. 4993
September 10, 2013
Page 4 of 4
Section 4. This Resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this _____ day of _________________, 2013.
CITY OF AUBURN
_______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
RES.B Page 98 of 120
ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST
HEALTH CARE PROGRAM
mTERLOCALAGREEMENT
This Agreement is made and entered into in the State of Washington by and among the
Association of Washington Cities Employee Benefit Trust (the "Trust") and cities and towns,
and non-city entities organized and existing under the Constitution or laws of the State of
Washington and who are members of the Trust ("Participating Cities and Towns," or
"Participating Non-City Entities"), all of whom are signatories to this Agreement.
RECITALS
WHEREAS, the Trust is an entity to which contributions by Participating Cities and
Towns and Non-City Entities (defined below) and Participating Employees (defined below) are
paid and through which the Board of Trustees provides one or more insured health and welfare
benefit plans or programs to Patticipating Employees, their covered dependents and other
beneficiaries ("Beneficiaries"), on whose behalf the contributions were paid; and
WHEREAS , the Trust qualifies as a voluntary employee beneficiary association within
the meaning of Section 50l(c)(9) of the Internal Revenue Code ("VEBA"), providing for the
payment of life, sick, accident or other benefits to Beneficiaries; and
WHEREAS , the Trust and the Participating Cities and Towns have determined that it is
in the best interest of Participating Cities and Towns to jointly self-insure certain health benefit
plans and programs for Beneficiaries through a designated account within the Trus t, while at the
same time hav ing the Trust continue as the entity to which health and welfare benefit plan or
program contributions are paid and through which in sured health and welfare benefit plans and
programs are provided to Beneficiaries; and
WHEREAS, it appears economically feasible and practical for the parties to this
Agreement (defined below) to do so; and
WHEREAS, Chapter 48 .62 RCW provides that two or more local government entities
may, by Interlocal agreement under Chapter 39.34 RCW, jointly self-insure health benefit plans
and programs, and/or jointly hire risk management services for such plans or programs by any
one or more of certain specified methods ; and
WHEREAS , each local government entity that is a signatory hereto, as required by
WAC 2 00-110-030, acts upon the authority of a resolution adoptjng this Agreement and the
Health Care Pro gram (defined below) created herein;
NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants
and agreements contained herein, the parties hereto agree as follows:
742343 47.6 0053138-00001 1 RES.B Page 99 of 120
ARTICLE 1
DEFINITIONS
The following are definitions of terms used in the Agreement. Unless indicated
otherwise, other terms are defined where they are first used. Defined terms are capitalized when
used in the defined context.
1.1 Agreement means this lnterlocal Agreement entered into under the authority of Chapter
39.34 RCW and as required by RCW 48.62.031(2) between the Trust and Participating
Employers.
1.2 Association of Washington Cities or A WC means the Association of Washington
Cities, a not-for-profit membership association established pursuant to the laws of the
state of Washington for the purpose of providing various services to and on behalf of its
member cities.
1.3 Association of Washington Cities Employee Benefit Trust or the Trust means the trust
and all property and money held by such entity, including all contract rights and records,
established for the sole purpose of providing life, sick accident or other health and
welfare benefits to Participating Employees, their covered dependents and other
beneficiaries, and which is approved by the Internal Revenue Service as a VEBA.
1.4 Employee Benefits Advisory Committee or EBAC means the committee defined in
Article V of the Trust Agreement that may be delegated responsibility by the Board of
Trustees, including but not limited to: overseeing the operations of the Health Care
Program, analyzing and developing annual premium levels and benefit coverage changes
for recommendation to the Board of Trustees and performing other duties necessary to
ensure that the needs of Participating Employers are met and the long-term financial
health of the Health Care Program is maintained.
1.5 Health Care Program means the joint self-insurance program offering self-insured
health benefit options through the HCP Account.
1.6 HCP Account means a designated account within the Trust and created by this
Agreement, the Trust Agreement and Trust Health Care Program policies all under the
authority of Chapter 48.62 RCW to provide self-insured health benefits to Participating
Employees, their covered dependents and other beneficiaries and further described in
Article 6.
1.7 Non-City Entity means any public agency, public corporation, intergovernmental agency
or political subdivision, within the state of Washington that meets the requirements of
Article IX, Section 1 ( c )(ii) and (iii) of the Trust Agreement for participation in the Health
Care Program.
1.8 Participating City means any city or town within the state of Washington that meets the
requirements of Article IX, Section l(a) or Section l(b) of the Trust Agreement.
74234347.6 0053138-0000 I 2 RES.B Page 100 of 120
1.9 Participating Employee means any individual employed by a Participating Employer
and for whom the Participating Employer makes contributions to the Trust, and any
individual who may have been so employed but is subsequently laid off, terminated , or
retired.
1.10 Participating Employer means a Participating City or Non-City Entity that is also a
party to this Agreement.
1.11 Resolution means the resolution adopted by each Participating City or Non-City Entity
that authoriz es the Health Care Program.
1.12 State Risk Manager or Risk Manager means the risk manager of the Risk Management
Division within the Department of Enterprise Services.
1.13 Stop Loss Insurance or Reinsurance means a promise by an insurance company that it
will cover losses of the Health Care Program over and above an agreed-upon individual
or aggregated amount, which definition shall be modified by any changes to the
definition of stop loss insurance in WAC 200-110-020.
1.14 Third-Party Administrator means the independent association, agency, entity or
enterprise which, through a contractual agreement, provides one or more of the following
ongoing services to the Health Care Program: pool management or administration
services, claims administration services, risk management services, or services for the
design, implementation, or termination of an individual or joint self-insurance program.
1.15 Trust Agreement means the Trust Agreement Governing the Trus t amended and re stated
July 1, 2013 , and any subsequent amendments thereto.
1.16 Trustees or Board of Trustees means the following individuals and their successors,
who together, govern the Trust and the Health Care Program:
1.16.1 the A WC President and the A WC Vice President;
1.16.2 the EBAC Chair and the EBAC Vice Chair; and
1.16.3 an individual elected pursuant to the procedures in Article III, Section 5 of the
Trust Agreement to serve as the trustee from one of the following regions:
(a) North East Region (known as the "North East Region Trustee");
(b) North West Region (known as the "North West Region Trustee");
(c) South East Region (known as the "South East Region Trustee"); and
(d) South West Region (known as the "South West Region Trustee").
Individuals from Non-City Entities are not eligible to serve as Trustees.
742 34347.6 005 3 138-00001 3 RES.B Page 101 of 120
ARTICLE2
PURPOSE
This Agreement is entered into for the purpose of authorizing the Health Care Program
created by the Trust to provide self-insured health benefits to Participating Employees, their
covered dependents and other beneficiaries. The Health Care Program shall comply with the
statutory provisions found in Chapters 48 .62 and 39.34 RCW and the regulatory requirements
contained in WAC 200-110 applicable to joint self-insurance programs.
ARTICLE3
PARTIES
Each party to this Agreement certifies that it intends to participate in the Health Care
Program. Participating Employers are signatories of this Agreement to become effective on a
date to be mutually determined (the "Effective Date") and with such other Participating Cities
and Non-City Entities as may later be added to and become signatories to this Agreement.
ARTICLE4
DURATION OF AGREEMENT
4.1 This Agreement shall become effective on the Effective Date.
4.2 This Agreement shall have perpetual duration unless terminated as hereinafter provided.
ARTICLES
MEMBERSHIP COMPOSITION
The Health Care Program shall be open to Participating Cities and Non-City Entities.
Participation in the Health Care Program is voluntary and not a requirement of A WC
membership. The Board of Trustees shall provide for the reasonable admission of new
Participating Cities and Non-City Entities.
ARTICLE6
HCPACCOUNT
6.1 All premium contributions by Participating Employers, Non-City Entities and
Patticipating Employees for use in the Health Care Program are deposited into the HCP
Account.
6.2 The HCP Account represents a pool of funds that is independent of all other Trust or
A WC funds and independent of all other Participating Employer and Non-City Entity
funds. The funds deposited into the HCP Account are held, managed and expended only
for the Health Care Program and reasonable expenses, consistent with applicable state
7423434?.6 0053138-00001 4 RES.B Page 102 of 120
and federal statutes and rules governing joint self-insurance programs and self-insurance
programs generally.
6.3 The HCP Account is subject to audit by the State Auditor's Office.
ARTICLE7
TRUSTEE POWERS RELATED TO HEALTH CARE PROGRAM
The Board of Trustees is provided with the powers and functions established under
RCW 48.62.031 to accomplish the following:
7.1 Promote the economical and efficient means by which health benefits coverage is made
available to Participating Employers and Non-City Entities and provided to Participating
Employees, their covered dependents and other beneficiaries;
7.2 Protect the financial integrity of the Health Care Program through purchase of Stop Loss
Insurance or Reinsurance in such fonn and amount as needed;
7.3 Contract for or otherwise provide risk management and loss control services;
7.4 Contract for or otherwise provide legal counsel for the defense of claims and other legal
services;
7.5 Consult with the state insurance commissioner and the State Risk Manager;
7 .6 Obligate the Participating Employers and Non-City Entities to pledge revenues or
contribute money to secure the obligations or pay the expenses of the Health Care
Program, including the establishment of a reserve or fund for coverage; and
7.7 Exercise all other powers and perform all other functions reasonably necessary to carry
out the purposes of the Health Care Program, Chapter 48.62 RCW and Chapter 200-110
WAC.
ARTICLE 8
ORGANIZATION OF HEALTH CARE PROGRAM
8.1 The operations of the Health Care Program are managed by the Board of Trustees or its
delegates. The Trustees or any delegates review and analyze Health Care Program-
related matters and make operational decisions regarding premium contributions,
reserves, plan options and benefits in compliance with Chapter 48.62 RCW.
8.2 The Board of Trustees has decision authority consistent with the Trust Agreement, Health
Care Program policies, Chapter 48.62 RCW and Chapter 200-110 WAC.
74234347.6 005 3 138-0000.1 5 RES.B Page 103 of 120
ARTICLE9
RESPONSIBILITIES OF THE TRUSTEES
9.1 The Board of Trustees shall discharge its responsibilities under this Agreement as
follows:
9 .1.1 Provide for the efficient management and operation of the Health Care Program;
9.1.2 Provide for health benefit coverage options for Participating Employees, their
covered dependents and other beneficiaries;
9 .1.3 Determine the level of Stop Loss Insurance or Reinsurance coverage for claims
expenses above the amounts deemed appropriate for self-insurance~
9 .1.4 Ensure that the Health Care Program meets required state and federal statutes and
rules;
9.1.5 Contract with vendors required to meet the responsibilities established by the
Trust Agreement, Health Care Program policies, and appl icable state and federal
statutes and rules;
9.1.6 Maintain the balance between meeting the Health Care Program needs of
Participating Employers and the long-term financial integrity of the Health Care
Program;
9 .1. 7 Prepare an annual financial report on the operations of the Health Care Program;
and
9 .1.8 Provide for other services deemed appropriate by the Board of Trustees to meet
the purposes of this Agreement.
9.2 The Board of Trustees may delegate the responsibilities described in this Article 9 to the
EBAC or other delegates at its complete discretion.
ARTICLE 10
RESPONSIBILITIES OF THE PARTICIPATING EMPLOYERS
In order to participate in the Health Care Program , Participating Emp loyers shall :
10.1 Be a Participating City or Non-City Entity in good standing and comply with the
requirements of admission or qualification as established by the Board of Trustees;
10.2 Adopt this Agreement by Resolution, agreeing to its terms and provisions;
10.3 Submit the Resolution and Agreement to the Trust;
74234347.6 0053 138·00001 6 RES.B Page 104 of 120
10.4 Read the terms, conditions and representations set forth in the application agreement
related to participation in the Health Care Program;
10.5 Designate an employee of the Participating Employer to be a contact person for all
matters relating to the Participating Employer's participation in the Health Care Program;
10.6 Pay premiums for the Health Care Program to the Third-Party Administrator no later than
the tenth day of the month in which the premium is due;
10.7 By formal action of the legislative body of the Participating Employer, approve policies
and procedures necessary to secure protected health information ("PHI") in accordance
with Chapter 70.02 RCW and the Health Insurance Portability and Accountability Act
("HIP AA") privacy and security rules, codified at 45 C.F.R. Parts 160-164;
10.8 Provide the Health Care Program with such information or assistance as is necessary for
the Health Care Program to meet its responsibilities under this Agreement; and
10.9 Cooperate with and assist the Health Care Program and any insurer of Stop Loss
Insurance or Reinsurance, in all matters relating to the administration and operation of the
Health Care Program and all matters relating to this Agreement.
10.10 Comply with all bylaws, rules, regulations and policies adopted by the Board of Trustees
re lating to the Health Care Program.
ARTICLE 11
RESERVE FUND INVESTMENT
All reserve fund investments from the HCP Account shall be made in a marmer that is
consistent with RCW 48.62 .111 , Chapter 39.59 RCW, WAC 200-110-090 and the Health Care
Program Investment Policy.
ARTICLE 12
FINANCIAL RECORDS
12.1 The Board of Trustees shall develop estimated revenue and expenditures to establish a
budget for each fiscal year covering January 1 through December 31 armually. Actual
Health Care Program revenues and expenditures shall be monitored monthly by the
Board of Trustees and reported at its quarterly meetings.
12.2 The accounting records of the Health Care Program are maintained in accordance with
methods prescribed by the State Auditor's office under the authority of Chapter 43.09
RCW. The Health Care Program also follows applicable accounting standards
established by the Goverrunental Accounting Standards Board ("GASB"). Year-end
financial reporting is done on an accrual basis and submitted to the Office of the State
Auditor as required by Chapter 200-110 WAC. Once reviewed and approved by the
74234347.6 0053 138-00001 7 RES.B Page 105 of 120
Office of the State Auditor the year-end financial report is transmitted to the Office of the
State Risk Manager.
12.3 Financial records of the Health Care Program shall be subject to audit by the Office of the
State Auditor. Year-end financial reports and audit results shall be made available to
interested parties. The Health Care Program shall provide financial information as
required by state statute and rule to the Office of the State Risk Manager.
ARTICLE 13
PARTICIPATING EMPLOYER TERMINATION AND WITHDRAWAL
13 .1 A Participating Employer must remain in good standing with the Trust and adhere to the
requirements of this Agreement. In the event that a Participating Employer fails to be a
Participating City or Non-City Entity in good standing, participation in the Health Care
Program shall automatically terminate without notice as shall all health and welfare
benefits provided through the Health Care Program.
13 .2 The Board of Trustees may take action to terminate membership or deny membership in
the Health Care Program where it determines that such termination or denial is in the best
interest of the Health Care Program
13.3 When a Patticipating Employer's eligibility in the Health Care Program is affected due to
merger or rumexation , the affected Participating Employer may petition the Board of
Trustees to remain in the Health Care Program.
13.4 A Participating Employer may only withdraw its participation in the Health Care
Program at the end of the calendar year and must provide written notice to the Trust at
least thirty-one (31) days in advance of the end of the calendar year (December 31st).
13.5 In the event of withdrawal or non-renewal, the Health Care Program will cover any of the
Participating Employer's remaining outstanding Health Care Program claims expenses
incurred prior to the Participating Employer's withdrawal from or non-renewal in the
Health Care Program.
13 .6 No Pruticipating Employer, because of withdrawal or any other reason , has any right or
interest in the HCP Account because of its nature as a rate stabilization fund. In the event
any Patticipat ing Employer withdraws from the Health Care Program, its Participating
Employees , their covered dependents and other beneficiaries and any Consolidated
Omnibus Budget Reconciliation Act of 1985 as amended (COBRA) participants and
contract personnel and dependents approved by the Board of Trustees, shall forfeit all
right and interest to the HCP Account.
74234 347.6 005 3138-00001 8 RES.B Page 106 of 120
ARTICLE 14
TERMINATION OF HEALTH CARE PROGRAM
14.1 In the event the Health Care Program is terminated, the Board of Trustees shall distribute
the remaining funds in the HCP Account to the Trust or any successor association
authorized by Chapter 39.34 RCW for like purposes for use in any program with similar
purposes.
14.2 Upon termination, this Agreement and the HCP Account shall continue for the purpose of
paying remaining outstanding claims and expenses and fulfilling all other functions
necessary to complete the business of the Health Care Program.
ARTICLE 15
MEETINGS, NOTICES AND COMMUNICATIONS
15.1 The Board of Trustees and the EBAC> if any responsibilities for Trust management have
been delegated thereto, shall provide notice of their regular and special meetings and hold
their meetings in accordance with Chapter 42.30, RCW Open Public Meetings Act.
15 .2 Communications with Participating Employers may occur using mail, email or posting on
the Health Care Program website. The website shall be partitioned to provide
information for the general public and information specific to Participating Employers
and their employees.
15.3 Communications may come directly from the Health Care Program, through the
Third-Party Administrator or through another vendor on behalf of the Health Care
Program.
ARTICLE 16
AMENDMENTSTOINTERLOCALAGREEMENT
16.1 The Board of Trustees shall review and analyze any proposed amendment to this
Agreement. An amendment may be proposed for review by any party to this Agreement.
16.2 The Board of Trustees upon its discretion may take action by resolution on any
amendment at any regular meeting ofthe Board of Trustees.
ARTICLE 17
PROHffiiTION ON ASSIGNMENT
17.1 No Participating Employer may assign any right or claim of interest it may have under
this Agreement.
74234347 .6 0053138-0000 I 9 RES.B Page 107 of 120
17.2 No creditor, assignee or third-party beneficiary of any employer shall have the right,
claim or title to any party, share, interest, premium or asset of the Trust, HCP Account or
the Health Care Program.
ARTICLE 18
HEALTH CLAIM DISPUTES AND APPEALS
In the event that a dispute arises over a health claim, the procedures, adjud ication
requirements and administrative remedies shall be found in the Health Care Program's plan
document applicable to the Health Care Program covering the claimant.
ARTICLE 19
PLAN ADMINISTRATION DISPUTES AND APPEALS
19.1 In the event that a dispute arises between a Participating Employer and the Health Care
Program, the Participating Employer shall document the circumstances causing the
dispute and submit a written request for review of the disputed circumstances to the
Board of Trustees. Upon revi ew of such inf01mation, the Board of Trustees shall attempt
to resolve the dispute.
19.2 If the Board of Trustees' resolution to the dispute is deemed unsatisfactory, then
alternative dispute resolution through mediation or binding arbitration may be necessary.
AR TICLE 20
ENFORCEMENTOFTERMSOFAGREEMENT
20.1 The Board of Trustees may enforce the terms of this Agreement.
20.2 In the event legal action is initiated to enforce any term or provision of this
Agreement against any present or previous Participating Employer, the prevailing party
shall receive such reimbursement of costs as the court deems r easonable for attorneys'
fees and costs related to the relevant legal action.
ARTICLE21
DEFAULT
21.1 If any Participating Employer fails to perform any term or condition of this Agreement
and such failure continues for a period of sixty (60) days after the Board of Trustees has
given the Participating Employer written notice describing such failure, the Participating
Employer shall be considered in default.
21.2 Upon default, the Board of Trustees may immediately cancel the Participating
Employer's participation in the Health Care Program without additional notice or
exercise some other remedy otherwise provi ded by law.
74234347.6 0053138-0000J 10 RES.B Page 108 of 120
21.3 The rights and remedies of the Board of Trustees are cumulative in nature and pursuit of
any pru1icular remedy shall not be deemed an election of remedies or a waiver of any
other remedies available hereunder or otherwise available by law.
ARTICLE22
NO WAIVERS
No waiver or forbearance of a breach of any covenant, term, or condition of this
Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of
the same or of any other covenant, term or condition, and the acceptance of any performance
hereu nder, or the payment of any s um of money after the same has become due or at a time when
any other default exists hereunder, shall not constitute a waiver or right to demand payment of all
sums owing or a waiver of any other default then or thereafter existing.
ARTICLE23
CONTRACT MANAGEMENT
The Health Care Program shall designate a person to whom the State Risk Manager shall
forward legal process served upon the Risk Manager; The A WC Chief Executive Officer
(designee or successor). The Health Care Program Director shal l be responsible for and
shall be the con tact person for all communications regarding the performance of this
Agreement.
ARTICLE24
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by
reference s hall be held invalid, such invalidity shall not affect the other provisions of this
Agreement which can be given effect without the invalid provision, if such remainder conforms
to the requirements of applicable law and the fundamental purpose of this Agreement, and to this
end the provisions of this Agreement are declared to be severable.
ARTICLE25
COUNTERPART COPIES
This Agreement may be signed in counterpart or duplicate copies and any signed
counterpart or duplicate copy shall be equivalent to a signed original for all purposes.
7423434 7.6 0053138·0000 I 11 RES.B Page 109 of 120
ARTICLE26
HEADINGS
The Article and Section headings in this Agreement are inserted for convenience only
and are not intended to be used in the interpretation of the contents of the Articles and Sections
they introduce.
ARTICLE27
AGREEMENTCO~LETE
This Agreement and the documents referenced herein contains all the terms and
conditions agreed to by the parties. No other understandings, oral or otherwise, regardi ng the
subject matter of this Agreement shall be deemed to exist or to bind the parties h ereto.
[Si g nature page follow s]
74234347.6 0053 138-00001 12 RES.B Page 110 of 120
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4999
Date:
October 2, 2013
Department:
Planning and Development
Attachments:
Resolution No. 4999
Resolution No. 4920
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 4999.
Background Summary:
The City Council passed Resolution No. 4920 on February 26, 2013 amending the City’s
fee schedule for certain permit fees and park impact fees for development projects
within the City’s catalyst area (see map with Resolution No. 4920). The resolution was
structured to require that all necessary permits be approved in order for a project to avail
themselves of the fee reductions. Staff is recommending a modification that completed
applications be submitted for a development project prior to December 31, 2013 rather
than require a project by approved. This allows a project to be submitted and not have a
rushed review or put the City in a position of not having adequate time to review the
project but still have the advantage of the fee reductions. An applicant is still making a
significant investment in a project through architectural, engineering, survey, and other
consultant costs to submit a completed application to the City.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Planning, Legal
Councilmember:Backus Staff:Welch
Meeting Date:October 7, 2013 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 112 of 120
- - - - - - - - - - - - - - - - - -
Resolution No.4999
October 1, 2013
Page 1 of 2
RESOLUTION NO. 4 9 9 9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
RESOLUTION 4920 RELATED TO TEMPORARY
REDUCTION OF CERTAIN FEES BY CHANGING
THE ELIGIBILITY DATE
WHEREAS, On February 26, 2013, the City Council adopted Resolution
4920, which temporarily reduced certain development-related fees for
applications that were permitted before the end of 2013; and
WHEREAS, while the City still intend to incentivize near-term investment,
it believes that its goals will be met if an application submittal is complete by the
end of 2013, even if the permits have not been issued.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That Section 4 of Resolution No. 4920 is amended to read
as follows:
Section 4. That the modifications to the City’s Master Fee
Schedule shall only be made available to those development projects on
the aforementioned “catalyst properties” that have received submitted
complete applications for all necessary and required development
approvals from the City, including planning approval, environmental review
approval, building permit approval, and engineering approval, inclusive of
facilities extension agreement approval. The determination of
completeness shall be determined in accordance with Chapter 14.06
ACC.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
RES.C Page 113 of 120
- - - - - - - - - - - - - - - - - -
Resolution No.4999
October 1, 2013
Page 2 of 2
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2013.
CITY OF AUBURN
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
RES.C Page 114 of 120
RESOLUTION NO. 4 9 2 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, TEMPORARILY
REDUCING BUILDING, PLANNING AND
ENGINEERING RELATED FEES AND TEMPORARILY
REDUCING PARK IMPACT FEES (PIF) FOR THE
PERIOD FROM THE EFFECTIVE DATE OF THIS
RESOLUTION THROUGH DECEMBER 31, 2013, FOR
DEVELOPMENT PROJECTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN FOR WHICH
COMPLETED APPLICATIONS HAVE BEEN
SUBMITTED
WHEREAS, the City of Aubum has previously taken substantive steps to
promote redevelopment of Downtown Auburn including but not limited to the
preparation of an Environmental Impact Statement (EIS), obtainment of a
Regional Center designation from the Puget Sound Regional Council and the
preparation and approval of design guidelines and standards; and
WHEREAS, despite ongoing economic impacts from the Great Recession,
there is current real and substantive interest from private sector development
parties in the development of residential, retail and office development in
Downtown Auburn; and
WHEREAS, the City of Auburn desires to promote and incentivize private
sector development investment in its downtown core to realize future property tax
and sales tax benefits to the citizens of Auburn from currently undeveloped and
underdeveloped properties in said downtown core; and
WHEREAS, the City of Aubum City Council is able under current state
and local regulations to make adjustments to certain fees charged to private
sector development interests and more specifically to fees charged for building
Resolution No. 4920
February 26, 2013
Page 1 of 5RES.C Page 115 of 120
review, planning review and engineering review including the facility extension
agreement process and for park impacts fees; and
WHEREAS, the City of Auburn believes that the aforemerrtioned fee
adjustments will be a major factor in enticing private sector development interests
to commit to developing on certain parcels in Downtown Auburn; and
WHEREAS, the City of Auburn believes that the period of availability for
the aforementioned fee adjustments should be limited to no later than December
31, 2013 and that such limitation will help spur near-term private sector
development investment; and
WHEREAS, there are certain "catalyst properties" in the Downtown Core
whose redevelopment will in addition to increasing property and sales tax
collections in the Downtown Core act as an impetus to future downtown
development and redevelopment through a substantive increase in downtown
residents and employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Section 1. That the City's Master Fee Schedule shall be modified to
authorize a seventy-five percent reduction in fees charged by the City of Auburn
for building review, planning review and engineering review inclusive of the
facilities extension agreement process applicable only to those parcels of land
specified as the "catalyst properties" in Section 3.
Section 2. That the City's Master Fee Schedule shall be modified to
authorize a seventy-five percent reduction in park impact fees (PIF) charged by
Resolution No. 4920
February 26, 2013
Page 2 of 5RES.C Page 116 of 120
the City of Auburn, applicable only to those parcels of land specified as the
catalyst properties" in Section 3.
Section 3. That the following parcels of land shall be considered "catalyst
properties" (Exhibit "A") in the City's Downtown Core and shall be eligible for
application of the aforementioned fee adjustments:
Parcel No. 7815700115
Parcel No. 7815700110
Parcel No. 7815700095
Parcel No. 7815700135
Parcel No. 7815700240
Parcel No. 7815700225
Parcel No. 7815700250
Parcel No. 7815700265
Parcel No. 7815700380
Parcel No. 7815700370
Parcel No. 7815700390
Parcel No. 7815700410
Parcel No. 7815700325
Parcel No. 7815700326
Parcel No. 7815700327
Parcel No. 7815700310
Parcel No. 7815700305
Parcel No. 7815700300
Resolution No.4920
February 26, 2013
Page 3 of 5RES.C Page 117 of 120
Parcel No. 7815700295
Parcel No. 7815700290
Parcel No. 7815700285
Parcel No. 7815700280
Parcel No. 7815700075
Parcel No. 7815700070
Parcel No. 7815700047
Parcel No. 7815700030
Parcel No. 7815700020
Parcel No. 7815700015
Parcel No. 7815700005
Parcel No. 0492000460
Parcel No. 0492000461
Parcel No. 0492000463
Section 4. That the modifications to the City's Master Fee Schedule shall
only be made available to those development projects on the aforementioned
catalyst properties" that have received all necessary and required developmer t
approvals from the City including planning approval, environmental review
approval, building permit approval and engineering approval inclusive of facilities
extension agreement approval.
Section 5. That the modfications to the City's Master Fee Schedule
spec ed in Sections 1 and 2 of this Resolution shall expire on December 31,
2013, and the prior rates shall thereafter apply
Resolution No. 4920
February 26, 2013
Page 4 of 5RES.C Page 118 of 120
Section 6. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 7. That this Resolution shall take efFect and be in full force as
provided herein, and upon passage and signatures hereon.
Dated and Signed this 8 day of J 2013.
B
PETER B. LEWIS
MAYOR
ATTEST
Danielle E. askam, City Clerk
APPRO AS T RM:
Dani . ei , C' omey
ResoluGon No. 4920
February 26, 2013
Page 5 of 5RES.C Page 119 of 120
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RES.C Page 120 of 120