HomeMy WebLinkAbout09-02-2014 CITY COUNCIL MEETING AGENDA PACKETAlityrB
URN
WASHINGTON
City Council Meeting
September 2, 2014 - 7:30 PM
Auburn City Hall
AGENDA
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hours after the meeti ng has concl uded.
I. CALL TO ORDER
A. Flag Salute
B. Roll Call
C. Announcements, Appointments, and Presentations
1. Constitution Week Proclamation
Mayor Backus to proclaim the week of September 17 -23, 2014 as
"Constitution Week" in the City of Auburn.
D. Agenda Modifications
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing for Franchise Agreement No. 13 -28 for Electric
Lightwave, LLC* (Osborne /Snyder)
City Council to hold a public hearing on the application of Electric
Lightwave, LLC, for a non - exclusive franchise for the right of entry, use and
occupation of certain public right(s) -of way within the city, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, upon, along and /or across those right(s) -of -way. The
purpose of the public hearing is to determine public benefit and impact,
applicant compliance, public right -of -way capacity to accommodate the
telecommunication system, potential disruption of public right -of way, and
present and future use of the public right -of -way.
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
Page 1 of 111
1. August 25, 2014 Minutes* (Peloza)
B. Planning & Community Development
1. August 25, 2014 Minutes* (Holman)
C. Public Works
1. August 18, 2014 Minutes* (Osborne)
D. Finance
1. August 18, 2014 Minutes* (Wales)
E. Les Gove Community Campus
F. Council Operations Committee
1. Council Operations Committee will meet again on September 22, 2014
G. Junior City Council
1. Junior City Council will meet again on September 22, 2014
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the August 6, 2014 Special Council Meeting*
B. August 18, 2014 Regular Meeting Minutes*
C. Claims Vouchers (Wales /Coleman)
Claims voucher 430217 through 430384 in the amount of $2,064,146.34 and 3 wire
transfers in the amount of $262,043.27 and dated September 2, 2014.
D. Payroll Vouchers (Wales /Coleman)
Payroll check numbers 534920 through 534950 in the amount of $271,413.58,
electronic deposit transmissions in the amount of $1,321,772.30 for a grand total
of $1,593,185.88 for the period covering August 14, 2014 to August 28th 2014.
E. Public Works Project No. CP1308* (Osborne /Snyder)
City Council to grant permission to advertise for bids for Project No. 1308, BNSF
Utility Crossings
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
V. UNFINISHED BUSINESS
There is no unfinished business.
VI. NEW BUSINESS
There is no new business.
VII. ORDINANCES
Page 2 of 111
A. Ordinance No. 6525* (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
sections 1.04.060, 5.10.040, 9.22.010, 18.02.020 and 18.07.010 of the City of
Auburn Code, relating to enforcement of the State regulations regarding
production, processing, and /or retail outlets and sales of marijuana, and
terminating the moratorium implemented pursuant to Resolution No. 4992,
passed on September 16, 2013
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance
No. 6525.)
B. Ordinance No. 6529* (Peloza/Heid)
An Ordinance of the City Council of the City of Auburn, Washington, amending
sections 6.01.050, 6.01.070 and 6.01.100 of the Auburn City Code, relating to
animal control
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance
No. 6529.)
VIII. RESOLUTIONS
A. Resolution No. 5094* (Holman /Snyder)
A Resolution of the City Council of the City of Auburn, Washington, extending
the moratorium established by Resolution No. 4992 on acceptance or
processing of applications for business licenses and other licenses, permits and
approvals for marijuana /cannabis related businesses and uses
(RECOMMENDED ACTION: City Council adopt Resolution No. 5094.)
B. Resolution No. 5095* (Osborne /Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute an agreement with the City of Kent regarding Auburn's S
277th Street Corridor Project and jurisdiction over the South 277th Street
Corridor
(RECOMMENDED ACTION: City Council adopt Resolution No. 5095.)
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 111
Page 4 of 111
AuBuRN ITY Cdr •
\VASH E NGTo
AGENDA BILL APPROVAL FORM
PH.1
Agenda Subject: Date:
Public Hearing for Franchise Agreement No. 13 -28 for July 10, 2014
Electric Lightwave, LLC
Department:
Public Works
Attachments:
Draft Ordinance No. 6513
Administrative Recommendation:
Budget Impact:
$0
City Council to hold a Public Hearing in consideration of Franchise Agreement No. 13-
28.
Background Summary:
Per Auburn City Code Chapter 20.06.030 a public hearing shall be held to consider
the proposed Franchise Agreement No. 13 -28 for Electric Lightwave LLC to operate
and a telecommunications system within the City's rights of way. The date of the
public hearing was set by Resolution No. 5078 on July 21, 2014.
Reviewed by Council Committees:
Councilmember: Osborne
Meeting Date: September 2, 2014
Staff: Snyder
Item Number: PH.1
AUBURN * MORE THAN YOU IMAGINED Page 5 of 111
ORDINANCE NO. 6513
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ELECTRIC LIGHTWAVE, LLC, A WHOLLY OWNED
SUBSIDIARY OF INTEGRA TELECOM HOLDINGS,
INC, A DELEWARE CORPORATION, A FRANCHISE
FOR TELECOMMUNICATIONS TYPE OF UTILITY
WHEREAS, Electric Lightwave LLC ( "ELI ") ( "Grantee ") has applied to the
City of Auburn ( "City ") for a non - exclusive Franchise for the right of entry, use,
and occupation of certain public right(s) -of -way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and /or across those right(s) -of -way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee's request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s) -of -way
and /or other public property within the City of Auburn (the "Franchise Area ").
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
"B," attached hereto and incorporated by reference, and all necessary
appurtenances thereto, ( "Grantee Facilities ") for provision of those services set
forth in Exhibit "C" ( "Grantee Services ") in, along, under and across the
Franchise Area.
C. At the time of initial application Grantee represented that it did not
currently own, lease, or have indefeasible rights of use for any facilities that
would be defined as Grantee Facilities under this Franchise. This Franchise does
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 1 of 19
PH.1 Page 6 of 111
not authorize the use of the Franchise Area for any facilities or services other
than Grantee Facilities and Grantee Services, and it extends no rights or
privilege relative to any facilities or services of any type, including Grantee
Facilities and Grantee Services, on public or private property elsewhere within
the City. If Grantee intends to install, construct, erect, operate, or maintain new
Grantee Facilities, it shall submit an application to amend this Franchise, which
amendment may be approved by the City administratively.
D. This Franchise is non - exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee's right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights -of -way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right -of -way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public's need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City:
Engineering Aide,
Community Development and
Public Works Department - Transportation
City of Auburn
25 West Main Street
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 2 of 19
PH.1 Page 7of111
with a copy to:
Grantee:
Auburn, WA 98001 -4998
Telephone: (253) 931 -3010; Fax: (253) 931 -3048
City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001 -4998
Electric Lightwave LLC, ( ELI)
1201 NE Lloyd Blvd, Suite 500
Portland, OR 97232
Attn: Contract Administration
Telephone: 503 - 453 -8000
Fax: 503 - 453 -8221
B. Any changes to the above - stated Grantee information shall be sent
to the City's Engineering Aide, Community Development and Public Works
Department — Transportation Division, with copies to the City Clerk, referencing
the title of this agreement.
C. The above - stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then - current term). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise — Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 3 of 19
PH.1 Page 8 of 111
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
"ACC" means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
"Maintenance or Maintain" shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
"Relocation" means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
"Rights -of -Way" means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights -of -ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit "D," and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, "Franchise Acceptance "). The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within 30 days after the effective date of the ordinance approving the
Franchise, the City's grant of the Franchise will be null and void.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 4 of 19
PH.1 Page 9 of 111
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done within the City.
Grantee shall comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work, which shall be done in a
thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right -of -way within which Grantee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right -of -way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and /or replacement thereof in the public interest and safety at
the expense of the Grantee.
D. Before commencing any work within the public right -of -way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights -of -way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty -
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City Engineering Aide in writing as promptly as
possible, before such repair or emergency work commences, or as soon
thereafter as possible, if advance notice is not practical. The City may act, at
any time, without prior written notice in the case of emergency, but shall notify
the Grantee in writing as promptly as possible under the circumstances.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 5 of 19
PH.1 Page 10 of 111
Section 8. Damages to City and Third -Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third -
party, Grantee will restore, at its own cost and expense, said property to a safe
condition. Such repair work shall be performed and completed to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee's, which was installed, constructed, completed or in
place prior in time to Grantee's application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility's
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right -of -way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer
facilities and ten (10) feet from above - ground City water facilities; provided, that
for development of new areas, the City, in consultation with Grantee and other
utility purveyors or authorized users of the Public Way, will develop guidelines
and procedures for determining specific utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City Engineering Aide to coordinate municipal
functions with Grantee's activities and fulfill any municipal obligations under state
law. Said information shall include, at a minimum, as -built drawings of Grantee
Facilities, installation inventory, and maps and plans showing the location of
existing or planned facilities within the City. Said information may be requested
either in hard copy or electronic format, compatible with the City's data base
system, as now or hereinafter existing, including the City's geographic
information Service (GIS) data base. Grantee shall keep the City Engineering
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 6 of 19
PH.1 Page 11 of 111
Aide informed of its long -range plans for coordination with the City's long -range
plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City.
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City's release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the City
because of non - disclosures requested by Grantee under Washington's open
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by RCW Chapter
35.99. Pursuant to the provisions of Section 14, Grantee agrees to protect and
save harmless the City from any customer or third -party claims for service
interruption or other losses in connection with any such change, relocation,
abandonment, or vacation of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee's permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City's discretion, either abandon in place or remove the affected
facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City's
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 7 of 19
PH.1 Page 12 of 111
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99 Where other utilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys' fees arising out of or in connection with the Grantee's performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the 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 Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and /or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right -of -way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City's failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 8 of 19
PH.1 Page 13 of 111
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City's failure or inability to provide such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee'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.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, 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 Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. 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.
2. Commercial General Liability insurance with limits no less
than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products - completed operations aggregate limit. Coverage shall
be written on ISO occurrence form CG 00 01 or a substitute form providing
equivalent coverage and shall cover liability arising from premises, operations,
independent contractors, products - completed operations, stop gap liability, and
personal injury and advertising injury and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent form. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion,
collapse, or underground property damage. The City shall be named as an
additional insured under the Grantee's Commercial General Liability insurance
policy with respect to the work performed under this Franchise using ISO
Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 9 of 19
PH.1 Page 14 of 111
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary
insurance as respects the City. Any insurance, self- insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee's insurance
and shall not contribute with it.
2. The Grantee's insurance shall be endorsed to state that
coverage shall not be cancelled by the insurers except after thirty (30) days' prior
written notice has been given to Grantee. Upon receipt of such notice, Grantee
shall immediately notify by certified mail, return receipt requested, the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer's A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
Grantee before commencement of the work.
E. Grantee shall have the right to self- insure any or all of the above -
required insurance. Any such self insurance is subject to approval by the City.
F. Grantee's maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 10 of 19
PH.1 Page 15 of 111
Section 16. Performance Security
The Grantee shall provide the City with a financial guarantee in the amount of
Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. In the event Grantee
shall fail to substantially comply with any one or more of the provisions of this
Franchise, then there shall be recovered jointly and severally from the principal
and any surety of such financial guarantee any damages suffered by City as a
result thereof, including but not limited to staff time, material and equipment
costs, compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grantee specifically agrees
that its failure to comply with the terms of Section 19 shall constitute damage to
the City in the monetary amount set forth therein. Such a financial guarantee
shall not be construed to limit the Grantee's liability to the guarantee amount, or
otherwise limit the City's recourse to any remedy to which the City is otherwise
entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
D. Prior to the City's consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor's state of
compliance and failure of the City to insist on full compliance prior to transfer
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 11 of 19
PH.1 Page 16 of 111
does not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys' fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee's submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth
in Section 16 for every day after the expiration of the cure period that the breach
is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 12 of 19
PH.1 Page 17 of 111
permissions for such actions, and if the Grantee's actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee's
concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 13 of 19
PH.1 Page 18 of 111
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. 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:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 14 of 19
PH.1 Page 19 of 111
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 15 of 19
PH.1 Page 20 of 111
nib
Exhibit A
Franchise Area
Pei
A
1
lirP :11
pErpA
4110,0.
N"' IMAM .
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mak
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EMU 11-11SIS
.-."1144:50.01
MMIL
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Weia
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 16 of 19
vWWII
Itul
PH.1 Page 21 of 111
Exhibit B
Grantee Facilities
Leased and owned telecommunication and communication conduit and fiber
facilities within the Right of Ways. As of the date of this Ordinance ELI does not
own facilities but may at a future date install ELI owned facilities at and pursuant
to the lawful permitting process of the City.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 17 of 19
PH.1 Page 22 of 111
Exhibit C
Grantee Services
Telecommunications and communication services.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 18 of 19
PH.1 Page 23 of 111
EXHIBIT "D"
STATEMENT OF ACCEPTANCE
Electric Lightwave, LLC. ( ELI), for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
Electric Lightwave LLC ( ELI)
By: Date:
Name:
Title:
STATE OF
COUNTY OF
)ss.
On this day of , 2014, before me the undersigned, a
Notary Public in and for the State of , duly commissioned and sworn,
personally appeared, of , the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the
uses and purposes therein mentioned, and on oath stated that he /she is
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
, residing at
MY COMMISSION EXPIRES:
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 19 of 19
PH.1 Page 24 of 111
MS.1
AuBuRN 1YY OF �
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
August 25, 2014 Minutes August 27, 2014
Department: Attachments: Budget Impact:
Police August 25, 2014 M inutes $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza Staff:
Meeting Date: September 2, 2014 Item Number: MS.1
AUBURN * MORE THAN YOU IMAGINED Page 25 of 111
WASH € NGTONJ
Municipal Services Committee
August 25, 2014 - 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 Claude DaCorsi.
Staff present: Mayor Nancy Backus, Chief of Police Bob Lee,
Assistant Chief of Police Bill Pierson, City Attorney Dan Heid,
Community Development and Public Works Director Kevin Snyder,
Public Works Assistant Director Randy Bailey, Planning Services
Manager Elizabeth Chamberlain and Police Secretary /Scribe
Heather Shaw.
Others present: Auburn Reporter representative Robert Whale.
B Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. August 11, 2014 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member DaCorsi seconded. Chair Peloza concurred.
111. ACTION
A. Ordinance No. 6529 (Heid)
City Attorney Dan Heid briefed the committee on the requested
amendments to sections 6.01.050, 6.01.070 and 6.01.100 of the
Auburn City Code, relating to animal control. Vice Chair Osborne
reminded the committee of what the suggested revisions were.
Chair Peloza questioned the wording in the code regarding
reasonable notice. Dan Heid explained that additional language was
added to both sections 6.01.050 and 6.01.070 as to what
reasonable notice would be but he would follow up to clarify that
notice would be as a written notice to the animal owner.
MS.1
Page 1 of 4
Page 26 of 111
Vice Chair Osborne moved to forward Resolution No. 6529 to full
council for consideration. Member DaCorse seconded. Chair Peloza
concurred.
B. Resolution No. 5093 (Heid)
City Attorney Dan Heid provided Resolution No. 5093 which
declared a certain item of property as surplus and authorized its
disposal.
Vice Chair Osborne Osborne moved to forward Resolution No. 5093
to full council for consideration. member DaCorsi seconded. Chair
Peloza concurred.
IV. DISCUSSION ITEMS
A. Ordinance No. 6525 (Chamberlain /Heid)
Planning Services Manager Elizabeth Chamberlain briefed the
committee on City of Auburn Ordinance No. 6525. The city's
Planning Commission voted in favor of (5 -1) to recommend to the
City Council the Ordinance allowing the city the ability to enforce
State marijuana regulations without the City being the licensing or
approving agency. This proposal would amend Auburn City Code
sections 1.04.060, 5.10.060, 5.10.040, 9.22.010, 18.02.020 and
18.07.010, relating to production, processing and /or retail outlet and
sales of marijuana, and terminating the moratorium implemented
pursuant to Resolution No. 4992, which was passed on September
16, 2013. As part of the work plan as established in Section 5B of
the moratorium, Planning and Legal staff have engaged in a
collaborative research and analysis effort and prepared Options for
Planning Commission to consider. After careful considerations,
the Planning Commission voted to recommend Option 2 of three
total Options provided.
Vice Chair Osborne questioned whether it would be beneficial to
extend the moratorium pending the outcome of City of Fife's pending
litigation with the Attorney General due to their city's decision to
outlaw marijuana sales /production. Dan Heid commented that City
of Fife's case will take an extended period of time due to the case
being just recently filed. He strongly recommended that the city not
extend the moratorium too far into the future as there is a history of
the State Supreme Court coming down harshly on local jurisdictions
that have extended moratoriums that could be considered an unduly
delay of the issues. Committee discussions followed concerning the
option for an extension of the moratorium and what conditions would
have to be in place in order to extend the moratorium. Member
Claude DaCorsi recommended that the city extend the moratorium
for six months to allow for the full council to discuss at length the
Page 2 of 4
MS.1 Page 27 of 111
options and how the city would like to proceed. Chair Peloza was in
agreement with DaCorsi.
B. Shopping Carts (Bailey)
Assistant Director of Public Works, Randy Bailey provided a
proposed update to Ordinance No 6530 that was previously
requested by the committee. Suggested changes were made to
Section 8.18.040 (B), allowing the City the option to choose whether
to impound carts or dispose of carts if deemed necessary after
reasonable notice is provided. Committee discussion followed.
Vice Chair Osborne moved to forward Ordinance No. 6530 to full
Council for consideration. Member DaCorsi seconded. Chair Peloza
concurred.
C. Auto Thefts (Lee)
Chief of Police, Bob Lee reported on auto theft statistics for the city
from 2005 through 2014, year to date. Statistics provided were for
both the city alone as well as a comparison between the City of
Auburn and other local cities in South King County. City of Auburn's
average amount of auto thefts over the period provided are
reportedly higher than the other local cities provided in the report.
Also provided were the most frequently stolen vehicles in the city.
In addition to the report provided, Chief Lee provided additional
statistics for the department. City of Auburn's Police Department has
one officer completely designated to an auto theft task force based
out of Des Moines. This task force is funded through traffic ticket
revenue in the state. January through June of 2014, the task force
opened 66 cases and recovered 89 stolen vehicles at a value of
approximately $625,000.00.
D. Project Matrix
The Project Matrix was reviewed but no changes were identified.
V. ADJOURNMENT
The meeting was adjourned at 4:25 p.m. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, September 8,
2014 at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main
Street, Auburn, WA.
Signed this day of September, 2014.
MS.1
Page 3 of 4
Page 28 of 111
MS.1
Bill Peloza, Chair Heather Shaw, Police Secretary /Scribe
Page 4 of 4
Page 29 of 111
AuBuRN 1YY OF �
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
August 25, 2014 Minutes August 27, 2014
Department: Attachments: Budget Impact:
Planning and Development august 25, 2014 M inutes $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Holman
Meeting Date: September 2, 2014
PCD.1
Staff:
Item Number: PCD.1
AUBURN * MORE THAN YOU IMAGINED Page 30 of 111
WASHINGTON
Planning and Community
Development
August 25, 2014 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
PCD.1
Chair Holman called the meeting to order at 5:00 p.m. in Annex
Conference Room 2 located on the 2nd floor of One Main Professional
Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair John Holman, Vice -Chair Largo Wales, and Member Yolanda
Trout were present. Also present were Mayor Nancy Backus,
Director of Community Development and Public Works Kevin
Snyder, City Attorney Dan Heid, Assistant Police Chief William
Pierson, Assistant Community Development Services Director Jeff
Tate, Planning and Design Services Manager Elizabeth
Chamberlain, and Community Development Secretary Tina Kriss.
Members of the Audience present: Robert Whale of the Auburn
Reporter; Chad Lorentz, AIA of Urbal Architecture, PLLC; John
Walker of Teutsch Partners LLC; and Evan Lawler of Pillar
Properties for Merrill Gardens.
B. Announcements
1. Presentation - Police Patrol) Efforts Update (Pierson)
Assistant Police Chief William Pierson reported on the City's
enhanced police patrol efforts in the Auburn Les Gove Park
and downtown areas. On around June 1, 2014 bicycle patrol
efforts emphasizing on changing the behavior of certain
individuals and changing the perception of safety began. During
the period from June 1 through the end of July 2014 the Auburn
Police experienced an increase in incidents due to the
enhanced police presence. With arrests, the issuance of
citations, traffic stops, and other incidents the department
believes the perception of safety will continue to improve.
The Committee and staff discussed any additional efforts on the
part of Council that could assist the police with their efforts.
Assistant Chief Pierson stated that he would look
into other tools that may be helpful to the department but
Page 1 of 4
Page 31 of 111
that "boots on the ground" are a component that will increase
the perception of safety in these areas.
C. Agenda Modifications
II. CONSENT AGENDA
A. Minutes - July 28, 2014 (Tate)
Member Trout moved and Vice -Chair Wales seconded to
recommend Planning and Community Development Committee
approve the July 28, 2014 minutes as written.
Motion unanimously approved. 3 -0
III. ACTION
A. Ordinance No. 6525 (Chamberlain /Heid)
Planning and Design Services Manager Elizabeth Chamberlain
provided the staff report on Ordinance No. 6525. On August 6, 2014
staff brought forward Ordinance No. 6525 (Option 1 and Option 2)
before the Planning Commission for Public Hearing. After hearing
public testimony from the public, the Planning Commission
recommended moving forward Ordinance No. 6525, Option 2 to full
Council for approval. Option 2 is for the City of Auburn to enforce
the State marijuana regulations only.
At the August 25, 2014 Municipal Services Committee meeting, the
Committee requested that the Council extend the moratorium
currently in place for an additional six months while the Council
continues to explore and discuss 1 -502 options.
Staff reviewed the map showing the potential state licensed
locations for cannabis uses. The Committee and staff discussed
various active court cases and options for extending the
moratorium. After discussion, the Commission expressed support of
Ordinance No. 6525, Option 2. This would include the termination of
the moratorium, implemented pursuant to Resolution No. 4992,
upon the date this Ordinance becomes effective.
Vice -Chair Wales moved and Member Trout seconded to
recommend moving Ordinance No. 6525 to full Council for approval,
with termination of moratorium upon the date Ordinance No. 6525
becomes effective.
Motion unanimously carried. 3 -0
IV. DISCUSSION ITEMS
Page 2 of 4
PCD.1 Page 32 of 111
A. Amendment to the Downtown Urban Center Design Standards and
Auburn Junction Design Guidelines (Chamberlain)
Planning and Design Services Manager Elizabeth Chamberlain
presented the staff report and reviewed the proposed amendments
to the Downtown Urban Center (DUC) Design Standards and the
Auburn Junction Design Guidelines. After review of the proposed
amendments, the Committee determined that they were supportive
of the proposed amendments.
Vice -Chair Wales moved and Member Trout seconded to
recommend staff amend the DUC Design Standards to change
Division Street from a Pedestrian I Street to a Pedestrian II Street
and amend the Auburn Junction Design Guidelines to change the
core downtown streets to be in line with the Downtown Urban Center
(DUC) Design Standards so that both documents are consistent.
Motion unanimously approved. 3 -0
Chair Backus invited representatives from Teutsch Partners, LLC. to
come forward for comment:
John Walker, Teutsch Partners, LLC., 2001 Western Ave., Suite
330, Seattle
Mr. Walker thanked City staff for their collaboration in bringing
forward the project, Merrill Gardens. This is a "U- shaped building"
with a central courtyard, the courtyard will provide public and private
use. Mr. Walker introduced Architect Chad Lorentz to the
Committee.
Chad Lorentz, AIA, 1938 Fairview Ave E., #100, Seattle
Mr. Lorentz stated that Merrill Gardens is a very community based
and family run organization; there is a lot of active space designed
into the project to embrace the community. Active space will be
located at the street front and the corners of Division Street,
to create a store front look the space was designed with to draw
people outside, benefiting the residents and the City.
Evan Lawler, of Pillar Properties, 1938 Fairview Avenue East, Suite
300, Seattle was also present.
B. "Investing in Place" Discussion (Tate /Snyder)
Assistant Director Tate provided background information on
"Investing in Place ", focusing on old and new amenities,
beautification, and design to support short -term and long -term
economic development efforts. Staff provided a PowerPoint
presentation. "Investing in Place" can be achieved through small or
large investments. As the downtown buildings become activated
Page 3 of 4
PCD.1 Page 33 of 111
and occupied, it would be beneficial to update other areas of the
City. Awning improvements, new paint, updated door fronts, and
other improvements would aesthetically improve the City at a small
cost.
These low cost improvements in the area of A Street off Main and
Auburn Way may provide attributes to Auburn that would encourage
visitors to return.
The Committee took a break at 6:23 p.m. Chair Holman did not
resume the meeting due to an emergency.
C. Director's Report (Tate)
This item did not go forward, staff will provide an update at the next
Planning and Community Development Committee meeting.
D. PCDC Status Matrix (Tate)
This item did not go forward, staff will provide an update at the next
Planning and Community Development Committee meeting.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:43
p.m.
Approved this day of , 2014.
John Holman - Chair
Tina Kriss - Community Development Secretary
PCD.1
Page 4 of 4
Page 34 of 111
AuBuRN ITY Cdr •
\VASH E NGTo
AGENDA BILL APPROVAL FORM
PW.1
Agenda Subject: Date:
August 18, 2014 Minutes August 27, 2014
Department: Attachments: Budget Impact:
Public Works Draft Minutes $0
Administrative Recommendation:
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne
Meeting Date: September 2, 2014
Staff:
Item Number: PW.1
AUBURN * MORE THAN YOU IMAGINED Page 35 of 111
WASH € NGTONJ
Public Works Committee
August 18, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chairman Wayne Osborne 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 Wayne Osborne, Vice -Chair Bill Peloza, and Member
Claude DaCorsi were present. Also present during the meeting
were: Mayor Nancy Backus, Community Development & Public
Works Director Kevin Snyder, Assistant Director of Engineering /City
Engineer Ingrid Gaub, Assistant City Engineer Jacob Sweeting,
Acting Utilities Engineer Susan Fenhaus, Transportation Manager
Pablo Para, Storm Drainage Engineer Tim Carlaw, Project Engineer
Luis Barba, Project Engineer Joel Chalmers, Street Systems
Engineer Jai Carter, Capital Projects Manager Ryan Vondrak,
Financial Planning Manager Bob Brooks and Public Works
Secretary Molly Mendez.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was one agenda modification adding Discussion Item I, S
277th Street Corridor Project — Agreement with City of Kent, to the
agenda.
II. CONSENT AGENDA
A. Approval of Minutes
Public Works Committee to approve the minutes of the August 4,
2014 Public Works Committee meeting
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve the Public Works Committee Meeting
minutes for date, August 4, 2014.
Motion carried 3 -0.
III. ACTION
Page 1 of 5
PW.1 Page 36 of 111
A. Public Works Project No. CP1322 (Barba)
Grant permission to advertise Project No. CP1322, Annual Traffic
Signal Improvements
Project Engineer Barba explained staff is asking for permission to
advertize Project No. CP1322, Annual Traffic Signal Improvements.
Barba provided a brief overview of the project.
Project Engineer Barba clarified the number of specific locations on
the vicinity map following a question asked by Chairman Osborne.
In response to a question asked by Vice -Chair Peloza, Project
Engineer Barba and Transportation Manager Para explained the
vehicle detection system.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee grant permission to advertise Project No.
CP1322, Annual Traffic Signal Improvements.
Motion carried 3 -0.
IV. DISCUSSION ITEMS
PW.1
A. 2014 Second Quarter Financial Report (Coleman)
For the purpose of these minutes, this item was discussed after
Discussion Item C.
Financial Planning Manager Brooks introduced himself to the
Committee.
The Committee members had a discussion regarding the Cemetery
net operating loss following a comment made by Vice -Chair Peloza.
Financial Planning Manager Brooks and Community Development &
Public Works Director Snyder responded to a question asked by
Member DaCorsi regarding the Real Estate Excise Tax chart on
page 29 of the packet.
In response to a question asked by Chairman Osborne, Financial
Planning Manager Brooks indicated the Criminal Costs on page 27
of the packet is revenue, not an expense.
Financial Planning Manager Brooks will follow up on a question
asked by Vice -Chair Peloza on page 17 of the packet regarding the
sentence which states "General Fund Expenditures are running
1.0% higher than the same period the prior year" and page 32 of the
packet regarding the operating loss. Vice -Chair Peloza has
requested an explanation on these items. Financial Planning
Page 2 of 5
Page 37 of 111
PW.1
Manager Brooks will follow up with the Committee providing
answers.
Vice -Chair Peloza also had questions regarding the Airport funds.
Financial Planning Manager will research this and report back.
B. Street Selection - 2015 Local Street Reconstruction Project (Carter)
For the purpose of these minutes, this item was discussed prior to
Discussion Item A.
Street System Engineer Carter provided the Committee with a brief
overview of this program.
Street System Engineer Carter clarified which streets are remaining
on this program in response to a question asked by Chairman
Osborne.
There was a brief discussion regarding 107th on Lea Hill following a
comment made by Vice -Chair Peloza.
Responding to a question asked by Member DaCorsi, Street System
Engineer Carter clarified the utility work on the selected streets.
C. Carwash Program (Carlaw)
For the purpose of these minutes, this item was discussed after
Discussion Item B.
Storm Drainage Engineer Carlaw provided an overview of the
Carwash Program. Carlaw also brought a carwash kit to
demonstrate to the Committee.
There was a group discussion regarding the possibility of a
designated carwash location or locations in the City.
Storm Drainage Engineer Carlaw will investigate whether the City
has brochures for this program following a comment made by Vice -
Chair Peloza.
D. System Development Charges (Fenhaus)
For the purpose of these minutes, this item was discussed after
Discussion Item A.
There was a group discussion regarding different recommendations
pertaining to the proposed System Development Charge increase.
Staff will prepare and provide a longer term phase in approach to
the Committee based on the discussion.
Page 3 of 5
Page 38 of 111
PW.1
E. Stewart Road (Lake Tapps Parkway) Corridor Improvements (Para)
For the purpose of these minutes, this item was discussed after
Discussion Item I.
Transportation Manager Para distributed a map which illustrates the
Stewart Road (Lake Tapps Parkway) Corridor. Para also provided
an overview of this item.
Transportation Manager Para informed the Committee what
jurisdictions are helping fund this project following a question asked
by Chairman Osborne.
Committee expressed their support for the proposed City of Auburn
commitment to Pacific's project.
F. Capital Project Status Report (Sweeting)
Item 7 — CP1024 — AWS and M Street SE Intersection
Improvements:
Assistant City Engineer Sweeting explained that most of the work
from Puget Sound Energy is complete in response to a question
asked by Chairman Osborne.
Item 8 — CP1104 — 104th Street & 8th Street NE Intersection
Improvements:
Following a question asked by Vice -Chair Peloza, Assistant City
Engineer Sweeting provided brief overview of the work that will be
completed with this project.
Item 10 — CP1208 — Sewer Pump Station Improvements (Repair &
Replacement Program):
In response to a question asked by Chairman Osborne, Assistant
City Engineer Sweeting indicated the design phase has not had any
issues.
Item13 — CP0915 — Well 1 Improvements — Well Replacement:
Chairman Osborne asked if it has been decided whether this project
will rehabilitate or replace Well 1. Acting Utilities Engineering
Fenhaus responded stating the plan is to rehabilitate.
G. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
Item 2 — Reddington Levee:
Assistant Director of Engineering /City Engineer Gaub provided an
explanation of the remaining project work in response to a question
asked by Vice -Chair Peloza.
Page 4 of 5
Page 39 of 111
Item 5 — 124th Avenue SE Half Street Road Improvements:
Responding to a question asked by Chairman Osborne, Assistant
Director of Engineering /City Engineer Gaub indicated that the
majority of the improvements are complete.
Item 7 — Auburn Way South and M Street SE /Howard Road:
Assistant Director of Engineering /City Engineer Gaub provided an
overview of this item following a question asked by Chairman
Osborne.
H. Action Tracking Matrix (Gaub)
Chairman Osborne asked that System Development Charges be
updated on the matrix.
I. S 277th Street Corridor Project - Agreement with City of Kent
(Vondrak)
For the purpose of these minutes, this item was discussed after
Discussion Item D.
Capital Projects Manager Vondrak explained this is a draft
agreement between the City of Kent and the City of Auburn as it
relates to the cities South 277th Street Corridor Capacity and Non
Motorized Trail Improvement Project.
Using an aerial map, Capital Projects Manager Vondrak indicated
the portion that would change from the City of Kent's jurisdiction to
the City of Auburn's jurisdiction with this agreement.
V. ADJOURNMENT
PW.1
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 5:03 p.m.
Approved this 2nd day of September, 2014.
Wayne Osborne Molly Mendez
Chairman Public Works Department Secretary
Page 5 of 5
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FN.1
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
August 18, 2014 Minutes August 26, 2014
Department: Attachments: Budget Impact:
Administration 08 -18 -2014 Finance Committee M inutes $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Wales Staff:
Meeting Date: September 2, 2014 Item Number: FN.1
AUBURN * MORE THAN YOU IMAGINED Page 41 of 111
WASH € NGTONJ
Finance Committee
August 18, 2014 - 5:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair Largo Wales called the meeting to order at 5:00 p.m. in Annex
Conference Room 1 located on the second floor of the City Hall Annex at
1 East Main Street in Auburn.
A. Roll Call
Chair Wales, Vice Chair John Holman, and Member Yolanda Trout
were present.
Officials and staff members present included: Mayor Nancy Backus,
City Attorney Daniel B. Heid, Director of Community Development
and Public Works Kevin Snyder, Risk Management and Human
Resources Director Rob Roscoe, Finance Director Shelley Coleman,
and Deputy City Clerk Shawn Campbell.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. August 4, 2014 Minutes
Member Trout moved and Vice Chair Holman seconded to approve
the August 4, 2014 minutes.
MOTION CARRIED UNANIMOUSLY. 3 -0
B. Claims Vouchers (Coleman)
Claims voucher numbers 430043 through 430216 in the amount of
$4,216,047.01 and four wire transfers in the amount of $2,595.93
and dated August 18, 2014.
Committee members reviewed the claims vouchers.
Vice Chair Holman moved and Member Trout seconded to approve
the claims and payroll vouchers.
Page 1 of 3
FN.1 Page 42 of 111
MOTION CARRIED UNANIMOUSLY. 3 -0
C. Payroll Vouchers (Coleman)
Payroll check numbers 534883 through 534919 in the amount of
$837,910.67 and electronic deposit transmissions in the amount of
$1,331,476.52 fora grand total of $2,169,387.19 for the period
covering July 31, 2014 to August 13, 2014.
See claims vouchers above for approval of payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6527 (Roscoe)
An Ordinance of the City Council of the City of Auburn, Washington,
including the Mayor in the City's Management Leave Program
Director Roscoe introduced Ordinance No. 6527. He explained the
ordinance would add the Mayor to the Management Leave Program.
This practice is in line with surrounding jurisdictions.
Member Trout moved and Vice Chair Holman seconded to approve
and forward Ordinance No. 6527 to the full Council for
consideration.
MOTION CARRIED UNANIMOUSLY. 3 -0
IV. DISCUSSION ITEMS
A. 2014 Second Quarter Financial Report (Coleman)
Director Coleman presented the 2nd Quarter Financial Report.
Revenues are higher than expected and expenditures are less then
budgeted. The investment portfolio is small, the City will be looking
for investment opportunities in the future.
Member Trout asked what the miscellaneous sales tax revenue
consisted of. Director Coleman explained any funds that do not have
a set designation provided by the State are considered
miscellaneous sales tax revenue, such as the interest paid on sales
tax held by the State.
Chair Wales asked why the cemetery is showing such a large loss.
Director Coleman explained the cemetery is being backed billed for
a malfunctioning water meter.
B. Status Report on Councilmember Compensation - Independent
Salary Commission
Mayor Backus reported letters to prospective candidates of the
Salary Commission have been sent. She has received two letters
Page 2 of 3
FN.1 Page 43 of 111
declining the position. She requested the Committee send her
names of additional candidates.
C. State Auditors Exit Conference
Vice Chair Holman requested Director Coleman report on the State
Auditors Exit Conference. Director Coleman explained the City
received a clean audit. The Auditors did not issue any
administrative letters or finding. The auditor's office suggested the
City require third party vendors to deposit cash receipts every three
to five days.
V. ADJOURNMENT
There being no further business to come before the Committee, the
meeting adjourned at 5:24 p.m.
APPROVED this day of September, 2014.
LARGO WALES, CHAIR Shawn Campbell, Deputy City
Clerk
FN.1
Page 3 of 3
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 6, 2014 Special Council Meeting
Department:
Administration
Attachments:
Minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 2, 2014
Date:
August 15, 2014
Budget Impact:
$0
Staff:
Item Number: CA.A
CA.A AUBURN * MORE THAN YOU IMAGINED Page 45 of 111
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Special City Council Meeting
August 6, 2014 - 2:00 PM
Executive Conference Room
MINUTES
I. CALL TO ORDER
The meeting was called to order at 2:00 p.m. in the Executive
Conference Room located in the Mayor's Office area on the second floor
of Auburn City Hall, 25 West Main Street in Auburn. Councilmembers
present were Bill Peloza and John Holman; there was not a quorum of
the Council; however, the meeting with the representatives of the State
Auditor's Office proceeded for informational purposes.
Also present were Mayor Nancy Backus, Finance Director Shelley
Coleman, Accounting Manager Janice Davies, and City Clerk Danielle
Daskam.
Members of the Auditor's Office present included: Audit Manager Renee
Meyer, Audit Supervisor Janise Hansen, and Audit Lead Moriah
Banasick.
Members of the public were also in attendance.
II. DISCUSSION ITEMS
A. Washington State Auditor's Office Annual Audit
The purpose of the special meeting was to review the annual audit
conducted by the Washington State Auditor's Office. Audit Lead
Banasick distributed the audit exit conference agenda and reviewed
the results of the audit.
Audit Lead Banasick noted that preliminary audit results and
recommendations were shared in detail with City management and
personnel as they were developed during the audit.
The accountability audit report summarizes the results of the risk -
based audit work related to safeguarding of public resources and
legal compliance and covered the following areas: cash receipting,
safeguarding of small and attractive assets, procurement, and
contracts and agreements. The report did not include any findings.
The financial statement report includes the State Auditor's opinion
on the financial statements and report on internal control over
financial reporting and on noncompliance and other matters as
Page 1 of 2
CA.A Page 46 of 111
required by Government Auditing Standards. There were no
uncorrected misstatements in the audited financial statements; there
were no material misstatements in the financial statements
corrected by management during the audit; no significant
deficiencies in internal control over financial reporting were
identified; and no instances of noncompliance were identified that
could have a direct and material effect on the determination of
financial statement amounts.
The audit report on Federal grant compliance and internal controls
over Federal grant programs included no findings. This year's audit
included review of the Highway Planning and Construction Cluster,
CFDA 20.205.
Exit recommendations were provided for management's
consideration, and they are not referenced in the audit report.
Audit Lead Banasick reported that last year's audit
recommendations were reviewed and all issues were resolved.
The audit report will be available on the State Auditor's website in
approximately two weeks.
Ms. Banasick briefly reviewed the audit costs. The auditors also
provided an estimated cost for next year's audit as a budgeting tool.
The auditors thanked Mayor Backus and Finance Director Coleman
for their cooperation and assistance throughout the audit process.
III. ADJOURNMENT
CA.A
The meeting with the auditors concluded at 2:40 p.m.
APPROVED this day of September, 2014.
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
Page 2 of 2
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CA.B
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Agenda Subject:
August 18, 2014 Regular Meeting Minutes
Department:
City Attorney
AGENDA BILL APPROVAL FORM
Attachments:
August 18, 2014 Minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 2, 2014
Date:
August 26, 2014
Budget Impact:
$0
Staff:
Item Number: CA.B
AUBURN * MORE THAN YOU IMAGINED Page 48 of 111
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City Council Meeting
August 18, 2014 - 7:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Flag Salute
Mayor Nancy Backus called the meeting to order at 7:30 p.m. and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
C.
City Councilmembers present: Deputy Mayor Rich Wagner, Bill
Peloza, Largo Wales, Wayne Osborne, John Holman, Claude
DaCorsi, and Yolanda Trout.
Department Directors and staff members present: Innovation and
Technology Support Supervisor Reba Stowe, City Attorney Daniel
B. Heid, Community Development and Public Works Director Kevin
Snyder, Police Commander Mark Caillier, Director of Administration
Michael Hursh, Finance Director Shelley Coleman, Parks, Arts and
Recreation Director Daryl Faber, Risk Management and Human
Resources Director Rob Roscoe, and Deputy City Clerk Shawn
Campbell.
Announcements, Appointments, and Presentations
There was no announcement, appointment or presentation.
D. Agenda Modifications
There was no change to the agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue. Those wishing to speak are
reminded to sign in on the form provided.
Denise Cobden, 2943 76th Ave SE , Mercer Island
Ms. Cobden works for Professional and Technical Employees Local
Page 1 of 8
CA.B Page 49 of 111
CA.B
17 Union. Many of their members work at the Public Health Clinic in
Auburn. King County is planning to close the Public Health Clinic in
Auburn. She requested the City assist in the funding of the Public
Health Clinic.
Angie Dire, 722 3rd Ave NE, Pacific
Ms. Dire works with low income, needy and sometimes
vulnerable citizens at the Public Health Clinic in Auburn. She stated
the City of Auburn needs to have a health department and maintain
the services that are currently provided by the Public Health
Clinic. She asked Council to consider the impact to approximately
10 thousand citizens if the Public Health Clinic closes. She
requested the Auburn City Council hold a special meeting to
consider how to fund public health.
Elam Anderson, 301 23rd St SE, Auburn
Mr. Anderson discussed economy recovery, poverty and how it
affects the citizens in the area.
Virginia Haugen, 2503 R ST SE, Auburn
Ms. Haugen commented the City is in the process of the budget
review. She asked if the City Council was getting a salary increases.
Mayor Backus responded the City has created a Salary
Commission. The Salary Commission will set the Council's wages.
Kathy Paul, 1825 33rd ST SE, Auburn
Ms. Paul stated when she was 16 she had her first child. She was
very grateful and appreciative of her Public Health nurse. She noted
the Public Health Clinic in Kent cannot absorb the residents from
Auburn that will need assistance. With the decreases to public
transportation traveling between the cities of Auburn and Kent will
be very difficult.
Chiristina Enriquez, 4027 So. 340th ST, Auburn
Ms. Enriquez is a Public Health nurse at the Public Health Center in
Auburn. She has relatives who would not be able to feed their
children without the services provided by the Public Health
Clinic. She stated accessing services can be very difficult without
the Pubic Health Center it would be nearly impossible for some
citizens. She is looking for both short and long term funding to
ensure the long -term success of the Public Health Clinic.
Mayor Backus thanked the Public Health workers for their service to
the community. She noted Councilmember Wales is an advocate
for Public Health. She serves on both King and Pierce County Board
of Health boards. The Council is currently looking at ways
to maintain the Public Health facility or how the City can mitigate a
closure.
Page 2 of 8
Page 50 of 111
Elam Anderson, 301 12rd ST SE, Auburn
Mr. Anderson asked how the Salary Commission will work. Mayor
Backus responded the Salary Commission is comprised of five
volunteer commissioners that must be registered voters. The
Commission will determine annually if there should be an
adjustment to the compensation for City Councilmembers and the
Deputy Mayor. The Mayor's wages are set by the same standard as
the City's non union employees.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met on
August 11, 2014. The Committee reviewed Resolution No. 5089
regarding data service changes. The Committee had a discussion
on animal control with the Director of the Auburn Valley Humane
Society. The Committee also discussed the shopping cart program,
the Auburn Municipal Cemetery and the pet licensing program. The
next regular meeting of the Municipal Services Committee is
scheduled for August 25, 2014 at 3:30 p.m.
B. Planning & Community Development
The Planning and Community Development Committee has not met
since the last Council meeting.
C. Public Works
Chair Osborne reported the Public Works Committee met earlier
today. The Committee reviewed a proposal to grant permission to
advertise for annual traffic signal improvements. The Committee
discussed the second quarter financial report, the Save Our Streets
Program, the car wash fundraiser kits, System Development
Charges, the Stewart Road Improvement Project, the Stewart Road
(Lake Tapps Parkway) Corridor Improvement Project, capital project
status report, infrastructure projects by others, and the action
tracking matrix. The next regular meeting of the Public Works
Committee is scheduled for September 2, 2014 at 3:30 p.m.
D. Finance
Chair Wales reported the Finance Committee met this evening at
5:00. The Committee reviewed claims vouchers in the amount of
$6.7 million and payroll vouchers in the amount of $2.2 million.The
Committee also reviewed Ordinance No. 6527. The Committee
Page 3 of 8
CA.B Page 51 of 111
discussed the second quarter financial report and the Salary
Commission.
E. Les Gove Community Campus
Chair Wagner reported the Les Gove Community Campus
Committee met on August 14, 2014. The Committee received
a presentation on the proposed Teen Community Center and
security patrols at the park. The next regular Les Gove Community
Campus meeting is September 24, 2014.
F. Council Operations Committee
Deputy Mayor Wagner reported the Council Operations Committee
met on August 11, 2014. The Committee is working on the
transition from standing Council committees to Study Sessions and
reviewing the Council Rules and Procedures. The Committee
reviewed Ordinance No. 6528 relating to the contracting authority of
the Mayor. The next meeting of the Council Operations Committee
is scheduled for September 22, 2014.
G. Junior City Council
Deputy Mayor Wagner reported the Junior City Council met this
evening at 5:00. The Junior City Council received training on
parliamentary procedures. The next regular meeting of the Junior
City Council is scheduled for September 15, 2014.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form
listed.
A. Minutes of the August 4, 2014 Regular City Council Meeting
B. Minutes of the July 9, 2014 Special City Council Meeting
C. Claims Vouchers (Wales /Coleman)
Claims voucher numbers 430043 through 430216 in the amount of
$4,216,047.01 and four wire transfers in the amount of $2,595.93
and dated August 18, 2014.
D. Payroll Vouchers (Wales /Coleman)
Payroll check numbers 534883 through 534919 in the amount of
$837,910.67 and electronic deposit transmissions in the amount of
$1,331,476.52 fora grand total of $2,169,387.19 for the period
covering July 31, 2014 to August 13, 2014.
E. Call for Public Hearing on Preliminary 2015 -2016 Biennial Budget
(Wales /Coleman)
City Council to call for a public hearing to be held September 15,
Page 4 of 8
CA.B Page 52 of 111
2014 to receive public comments and suggestions with regard to
development of the preliminary 2015 -2016 Biennial Budget,
including revenue estimates and possible increases in property
taxes.
F. Public Works Project No. CP1322 (Osborne /Snyder)
City Council grant permission to advertise Project No. CP1322,
Annual Traffic Signal Improvements.
Deputy Mayor Wagner moved and Councilmember Peloza
seconded to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7 -0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. ORDINANCES
A. Ordinance No. 6527 (Wales /Roscoe)
An Ordinance of the City Council of the City of Auburn, Washington,
including the Mayor in the City's Management Leave Program
Councilmember Wales moved and Councilmember Holman
seconded to adopt Ordinance No. 6527.
Councilmember Wales stated Ordinance No. 6527 would bring the
City in line with surrounding jurisdictions regarding flex time, vaction
and sick leave for the Mayor.
MOTION CARRIED UNANIMOUSLY. 7 -0
B. Ordinance No. 6528 (Wagner /Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Chapter 3.10 of the City Code relating to the contracting
authority of the Mayor and administrative staff
City Attorney Heid requested direction from Mayor Backus
regarding presenting the ordinance included in the agenda packet or
modifying the agenda with a new version of the ordinance. Mayor
Backus requested the agenda be modified with the new version of
Ordinance No. 6528.
ORDINANCE NO. 6528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 3.10.010 AND
3.10.020 OF THE CITY CODE RELATING TO THE CONTRATING
Page 5 of 8
CA.B Page 53 of 111
AUTHORITY OF THE MAYOR AND ADMINISTRATIVE STAFF
Deputy Mayor Wagner moved and Councilmember Peloza
seconded to adopt Ordinance No. 6528.
Deputy Mayor Wagner stated this ordinance only relates to
the Mayors contracting authority. Any reference to the potential
change to the Council format has been removed.
Councilmember Wales explained this will give the Mayor more
authority to handle the day to day business of the City.
MOTION CARRIED UNANIMOUSLY. 7 -0
VIII. RESOLUTIONS
A. Resolution No. 5089 (Peloza /Tiedeman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an agreement between the City of
Auburn and Comcast Enterprise Services for communications
services
Councilmember Peloza moved and Councilmember Osborne
seconded to adopt Resolution No. 5089.
Councilmember Peloza stated this will streamline the
internet access within the City.
MOTION CARRIED UNANIMOUSLY. 7 -0
B. Resolution No. 5091 (Wagner /Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
supporting a new Youth /Teen Center and Community Center
Deputy Mayor Wagner moved and Councilmember Wales seconded
to adopt Resolution No. 5091.
Councilmember DaCorsi thanked the City staff for providing Council
with an alternate proposal.
Councilmember Trout stated she has heard from many citizens who
are in favor of a teen center.
MOTION CARRIED UNANIMOUSLY. 7 -0
IX. REPORTS
CA.B
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.
Page 6 of 8
Page 54 of 111
A. From the Council
Deputy Mayor Wagner reported he attended the Regional Access
Mobility Partnership Pierce County Transportation forum, the
Muckleshoot Indian Tribe Multicultural Festival and the Senior
Center Coffee Hour.
Councilmember Trout reported she attended the Association of
Washington Cities Budget Workshop.
Councilmember Osborne had no report.
Councilmember Peloza reported he attended National Night Out
events, the King County Water Pollution Advisory Committee
meeting, King County Solid Waste Committee meeting, the
Environmental Protection Agency Local Government
Advisory Committee meeting and the Water Resource
Inventory Area No. 9 (WRIA 9) meeting.
Councilmember Holman reported he attended several National Night
Out events, the State Auditor Exit Conference and a symposium on
exporting.
Councilmember Wales stated the Pierce County Public Health
Department eliminated their private clinics approximately three years
ago. They created partnerships with local clinics for public health
services. The private clinics are able to receive reimbursement at
the actual rate of the claim for Title 19 billing. King County has
Public Health Clinics and when they bill for Title 19 services the
reimbursement is greatly discounted. King County has a $28 million
short fall that is leading to cutting clinics in South King County. She
noted the citizens of South King County need services in both
healthcare and transportation.
Councilmember DaCorsi reported he attended National Night Out
events and a telephone conference call with the Association of
Washington Cities Legislative Priorities Committee.
B. From the Mayor
Mayor Backus reported she attended National Night Out events, the
Washington State Auditor Exit Conference, an Exporting 101
Conference, the Boeing Employees Credit Union (BECU) ribbon
cutting, the City hosted Tamba Youth Ambassadors, a Special City
Council meeting on the 2015 - 2016 Biennial Budget, the Valley
Regional Fire Authority Board of Governance meeting and the
Sound Cities Transit Authority meeting.
X. ADJOURNMENT
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CA.B Page 55 of 111
CA.B
There being no further business to come before the Council, the meeting
adjourned at 8:50 p.m.
APPROVED this day of , 2014.
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
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CA.0
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Agenda Subject:
Claims Vouchers
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
No Attachments Available
Administrative Recommendation:
Date:
August 27, 2014
Budget Impact:
$0
Approve Claims Vouchers
Background Summary:
Claims voucher 430217 through 430384 in the amount of $2,064,146.34 and 3 wire transfers
in the amount of $262,043.27 and dated September 2, 2014.
Reviewed by Council Committees:
Councilmember: Wales
Staff: Coleman
Meeting Date: September 2, 2014 Item Number: CA.0
AUBURN * MORE THAN YOU IMAGINED Page 57 of 111
AuBuRN ITY CAF �
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AGENDA BILL APPROVAL FORM
CA.D
Agenda Subject: Date:
Payroll Vouchers August 27, 2014
Department: Attachments: Budget Impact:
Administration No Attachments Available $0
Administrative Recommendation:
Approve payroll vouchers.
Background Summary:
Payroll check numbers 534920 through 534950 in the amount of $271,413.58,
electronic deposit transmissions in the amount of $1,321,772.30for agrand total of
$1,593,185.88 for the period covering August 14, 2014 to August 28th 2014.
Reviewed by Council Committees:
Councilmember: Wales
Staff: Coleman
Meeting Date: September2, 2014 Item Number: CA.D
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CA.E
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Agenda Subject:
Public Works Project No. CP1308
Department:
Public Works
AGENDA BILL APPROVAL FORM
Attachments:
Budget Status Sheet
Vidnity Map
Administrative Recommendation:
Date:
August 27, 2014
Budget Impact:
$0
City Council grant permission to advertise for bids for Project No. 1308, BNSF Utility
Crossings.
Background Summary:
This project will design and construct utility improvements required by Burlington
Northern Santa Fe Railway (BNSF) to accommodate the new BNSF 3rd rail line that
will extend from Ellingson Road to South 277th Street along the west side of the
existing north -south tracks. BNSF requires that all utilities are constructed in casings
to protect them from train loadings and to allow maintenance and replacement without
impacting rail traffic. Several City utilities that cross the rail alignment were
constructed prior to the implementation of BNSF's casing requirement and are not
encased adequately to address the proposed 3rd rail. This project will replace these
utilities in casings that meet BNSF requirements and construct the associated
roadway and other surface restoration.
Construction is anticipated to begin in September 2014 and be complete in March
2015.
The estimated total project cost for water improvements is $780,001.00, which is
equal to the amount budgeted within the Water Fund for the project.
The estimated total project cost for sewer improvements is $441,000.00, which is
equal to the amount budgeted within the Sewer Fund for the project.
The estimated total project cost for storm improvements is $546,101.00, which is
equal to the amount budgeted within the Storm Fund for the project.
AUBURN * MORE THAN YOU IMAGINED Page 59 of 111
CA.E
A project increase of $220,000.00 within the Arterial Streets Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that the budgeted
expenditures in the Transportation Funds will not be exceeded this year.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: September2, 2014 Item Number: CA.E
AUBURN * MORE THAN YOU IMAGINED Page 60 of 111
BUDGET STATUS SHEET
Project No: CP1308
Project Title: BNSF Utility Crossings
Project Manager: Kim Truong
Initiation Date: 5/13/13
Advertisement Date:
Award Date:
Date: 8/26/14
• Permision to Advertise
O Contract Award
O Change Order Approval
O Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Funding
Prior Years
2013 (actual)
2014
Total
430 Fund - Water (Bond Proceeds)
0
51,357
728,644
780,001
431 Fund - Sewer
0
14,440
426,560
441,000
432 Fund - Storm Drainage (Bond Proceeds)
0
42,328
503,773
546,101
102 Fund - Arterial Streets
0
0
150,000
150,000
Total
0
108,125
1,808,977
1,917,102
Activity
Prior Years
2013 (actual)
2014
Total
City Design
0
26,683
39,516
66,199
Consultant Design
0
85,341
170,896
256,237
Construction Contract
0
0
1,436,913
1,436,913
Authorized Contingency
0
0
292,182
292,182
BNSF Permits
0
0
44,469
44,469
Construction Engineering
0
0
45,000
45,000
Total
0
112,024
2,028,976
2,141,000
430 Water Budget Status
Prior Years
2013 (actual) 2014
Total
*430 Funds Budgeted ()
0
(51,357)
(728,644)
(780,001)
430 Funds Needed
0
51,357
728,644
780,001
*430 Fund Project Contingency ()
0
0
(0)
(0)
430 Funds Required
0
0
0
0
431 Sewer Budget Status
Prior Years
2013 (actual) 2014
Total
*431 Funds Budgeted ()
0
(14,440)
(426,560)
(441,000)
431 Funds Needed
0
14,440
426,560
441,000
*431 Fund Project Contingency ()
0
0
(0)
(0)
431 Funds Required
0
0
0
0
432 Storm Budget Status
Prior Years
2013 (actual) 2014
Total
*432 Funds Budgeted ()
0
(42,328)
(503,773)
(546,101)
432 Funds Needed
0
42,328
503,773
546,101
*432 Fund Project Contingency ()
0
0
(0)
(0)
432 Funds Required
0
0
0
0
102 Arterial Streets Budget Status
Budget Status 2013 (actual) 2014 0
*102 Funds Budgeted ()
0
0
(150,000)
(150,000)
102 Funds Needed
0
0
370,000
370,000
*102 Fund Project Contingency ()
0
0
0
0
102 Funds Required
0
0
220,000
220,000
C(A# Lin the Budget Status Sections indicates Money the City has available.
Page 61 of 111
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August 2014
NOT TO SCALE
Page 62 of I I I
AuBuRN
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Agenda Subject:
Ordinance No. 6525
Department:
Community Development &
Public Works
AGENDA BILL APPROVAL FORM
Attachments:
Ordinance No. 6502
Map
August 6, 2014 Draft Planning Commission
Minutes
Administrative Recommendation:
Date:
August 27, 2014
Budget Impact:
$0
City Council to adopt Ordinance No. 6525
Background Summary:
A majority of the Planning Commission voted (5 -1) on August 6, 2014 to recommend
to the City Council an Ordinance that would allow for City enforcement of State
marijuana regulations without the City being the licensing or approving agency. This
proposal would amend Auburn City Code sections 1.04.060, 5.10.040, 9.22.010,
18.02.020, and 18.07.010 to enforce State regulations regarding production,
processing and /or retail outlets and sales of marijuana, and terminating the
moratorium pursuant to Resolution No. 4992 (File No. ZOA14- 0003).
On November 6, 2012, the people of the State of Washington voted to pass State
Initiative 502 (1 -502) allowing the State to license and regulate recreational marijuana
production, distribution, and possession for persons over 21. On September 16,
2013, the City Council passed its Resolution No. 4992 imposing an initial one -year
moratorium on the acceptance or processing of applications for business licenses and
other licenses, permits, and approvals for marijuana /cannabis related businesses or
uses.
This moratorium was established to act as a stop -gap measure in order to 1) provide
the City with an opportunity to study the issues concerning the siting of such State
licensed related businesses and prepare appropriate revisions to the City's codes and
regulations, and 2) to protect the health, safety, and general welfare of the citizens of
Auburn my ameliorating negative impacts of marijuana related businesses /uses.
As part of the Work Plan as established in Section 5B of the moratorium, Planning and
Legal staff have engaged in a collaborative research and analysis effort and prepared
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 63 of 111
Options for Planning Commission to consider. Those Options were to construct
amendments to the City Code that would either, 1) prohibit all marijuana related
businesses /uses in the City; 2) ensure compliance with State regulations whereby the
City would be the enforcing entity but not the permitting or licensing agent for
marijuana related uses; or 3) City place additional regulations on top of the State
regulations making the City both the enforcing entity as well as a permitting and
licensing agent for marijuana related uses.
The Planning Commission reviewed the issue over several meetings and held a public
hearing on August 6, 2014 to review and make a final recommendation to move
forward to City Council. By a 5 -1 vote, the Commission voted to recommend Option 2
as written to Council for approval. The amendments were also presented to the
Municipal Services Committee on August 25, 2014 for discussion and were in favor of
extending the moratorium up to six months for the City Council to review the issue.
At the August 25, 2014 Planning and Community Development Committee meeting
and after discussion of the Planning Commission's recommendation and options
presented, the Committee recommended approval of Ordinance No. 6525, Option 2
version, which ensures compliance with State regulations whereby the City would be
the enforcing entity but no the permitting or licensing agent for marijuana related uses.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development Other: Legal, Planning
Commission
Councilmember: Holman Staff: Snyder
Meeting Date: September 2, 2014 Item Number: ORD.A
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 64 of 111
ORDINANCE NO. 6 5 2 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
1.04.060, 5.10.040, 9.22.010, 18.02.020 AND 18.07.010 OF
THE AUBURN CITY CODE, RELATING TO
ENFORCEMENT OF STATE REGULATIONS REGARDING
PRODUCTION, PROCESSING AND /OR RETAIL OUTLETS
AND SALES OF MARIJUANA, AND TERMINATING THE
MORATORIUM IMPLEMENTED PURSUANT TO
RESOLUTION NO. 4992, PASSED ON SEPTEMBER 16,
2013
WHEREAS, the City of Auburn has in its City Code a provision that precludes
enactment of City ordinances that are in conflict with state or federal law, as follows:
1.04.060 Conflict of ordinances with state or federal law.
All ordinances and city code provisions, and regulations therein, shall not
be in conflict with all other regulations and /or requirements of state and federal
law, insofar as not permitting or allowing any action, use or conduct which is in
violation of or prohibited by any state or federal laws, regulations or codes. Any
such provisions that cannot be implemented or enforced because of provisions of
state or federal law, or that cannot be reconciled with any state or federal law,
shall be deemed to be in conflict therewith. Any provisions of city ordinances or
of the city code deemed by the city council to be in conflict with state or federal
law shall be null and void. This provision does not allow any action, use or
conduct which is in violation of any local, state or federal laws, regulations, codes
and /or ordinances. Any action, use or conduct which is not permitted or allowed
is prohibited;
and
WHEREAS, on November 6, 2012, the voters of the State of Washington
approved Initiative Measure No. 502 ( "Initiative 502 "), now codified within Chapters
69.50, 46.04, 46.20, 46.21 and 46.61 of the Revised Code of Washington (RCW), which
Initiative (a) decriminalized possession and use of certain amounts of marijuana and
marijuana paraphernalia; (b) amended state laws pertaining to driving under the
influence of intoxicants to include driving under the influence of marijuana; and (c)
authorized promulgation of regulations and issuance of licenses by the Washington
Ordinance No 6525
August 28, 2014
Page 1 of 11
ORD.A Page 65 of 111
State Liquor Control Board ( "WSLCB ") for the production, processing and retailing of
marijuana; and
Whereas, the Attorney General of Washington issued an opinion, AGO 2014 No.
2, concluding that under Washington law there is a strong presumption against finding
that state law preempts local ordinances, and although Initiative 502 established a
licensing and regulatory system for marijuana producers, processors and retailers in
Washington state, it includes no clear indication that it was intended to preempt local
authority to regulate such businesses, and the Attorney General, therefore, concluded
that Initiative 502 left in place the normal powers of local government to regulate within
their jurisdictions; and the Attorney General also concluded that local governments have
broad authority to regulate within their local jurisdictions and nothing in the initiative
limits that authority with respect to licensed marijuana businesses; and
WHEREAS, the United States Congress passed the Comprehensive Drug Abuse
Prevention and Control Act of 1970 [Pub.L. No. 91 -513, 84 Stat. 1236], creating a
comprehensive drug enforcement regime called the Controlled Substances Act, codified
as 21 USC § 801 -971; and
WHEREAS, under the Controlled Substances Act, Congress established five
"schedules" of controlled substances whereby controlled substances are placed in
specific schedules based upon their potential for abuse, their accepted medical use in
treatment, and the physical and psychological consequences of abuse of the substance
[See 21 USC § 812(b)]; and
WHEREAS, marijuana is currently listed as a "Schedule I" controlled substance
in 21 USC § 812(c), Schedule I(c)(10); and
WHEREAS, for a substance to be designated a Schedule I controlled substance
under the Controlled Substances Act, it must be found that the substance: (1) has a
high potential for abuse, (2) has no currently accepted medical use in treatment in the
United States; and (3) that there is a lack of accepted safety for use of the substance
under medical supervision [See 21 USC § 812(b)(1)]; and
Ordinance No. 6525
August 28, 2014
Page 2 of 11
ORD.A Page 66 of 111
WHEREAS, the Controlled Substances Act sets forth procedures by which the
schedules may be modified [See 21 USC § 811(a)]; and
WHEREAS, under the Controlled Substances Act, it is unlawful to knowingly or
intentionally "manufacture, distribute, or dispense, or possess with intent to
manufacture, distribute, or dispense, a controlled substance," except as otherwise
provided in the statute [21 U.S.C.§ 841(a)(1)]; and
WHEREAS, possession of a controlled substance, except as authorized under
the Controlled Substances Act, is also unlawful; and
WHEREAS, the United States Supreme Court held in Gonzales v. Raich, 545
U.S. 1, 125 S.Ct. 2195, 162 L.Ed. 2d 1 (2005), that Congress was within its rights and
powers under the Commerce Clause to regulate marijuana as a Schedule I controlled
substance pursuant to the Controlled Substances Act, and that, under the Supremacy
Clause of the U.S. Constitution, the federal Controlled Substances Act will prevail over
any conflicting state law; and
WHEREAS, Paragraph 11 of Section 314 -55 -020 of the Washington
Administrative Code (WAC), promulgated by the WSCLB under the authority of
Initiative 502, describes the license permit process and includes the following limitation:
(11) The issuance or approval of a license shall not be construed as a license
for, or an approval of, any violations of local rules or ordinances including, but not
limited to: Building and fire codes, zoning ordinances, and business licensing
requirements;
and
WHEREAS, pursuant to Article 11, § 11 of the Constitution of the State of
Washington, the general police powers granted to cities empower and authorize the City
of Auburn to adopt land use controls to provide for the regulation of land uses within the
city and to provide that such uses shall be consistent with applicable law; and
WHEREAS, the City Council finds and determines that documented secondary
effects associated with analogous medical marijuana dispensaries in other cities and
counties include murders, robberies, burglaries, drug dealing, sales to minors, loitering,
Ordinance No 6525
August 28, 2014
Page 3 of 11
ORD.A Page 67 of 111
heavy foot and vehicle traffic, increased noise, odors, health hazards such as
proliferation of molds [See, "White Paper on Marijuana Dispensaries," issued by the
California Police Chiefs Association's Task Force on Marijuana Dispensaries on April
22, 2009, ( "CAPCA White Paper "); City of Riverside v. Inland Empire Patients Health
and Welfare Center, 56 Ca1.4th 729, 756, 300 P.3d 494 (2013)], however, the City
Council finds that the State licensing and regulatory scheme, if enforced by the City and
the State, may adequately mitigate these secondary effects; and
WHEREAS, the Planning Commission of the City of Auburn has held and
conducted various public meetings and authorized a public workshop to address
marijuana production, processing and retailing, as defined in Initiative 502 and its
implementing regulations, and has held an open public hearing on the 6th day of August
2014, all pursuant to required notice and applicable procedures of the City of Auburn,
and has adopted findings of fact and conclusions of law in support of its
recommendation for adoption of the above - described amendments, which Findings of
Fact and Conclusions of Law are of record and incorporated herein by this reference;
and
WHEREAS, illustrative of an area of concern is the fact that in relationship to the
Washington state legislatures passage of Engrossed Second Substitute Senate Bill
5073, then Governor Christine Gregoire vetoed portions of the bill that would have
legalized use of marijuana for medical purposes out of concern that the vetoed portions
of the bill would authorize state employees to issue licenses for marijuana related
activities and would thus open public employees to federal prosecution as the United
States attorneys have made it clear that state law would not provide an automatic safe
harbor from federal prosecution, and because of her concern that no state employee
should be required to violate federal criminal law in order to fulfill the duties under state
law [See Governor Gregoire's letter of April 29, 2011 to the Washington state
legislature /Senate]; and
WHEREAS, because a majority of the voters of the City of Auburn voted in
support of Initiative 502, expressing support for legalization /decriminalization of
Ordinance No. 6525
August 28, 2014
Page 4 of 11
ORD.A Page 68 of 111
marijuana activities, the City Council of the City of Auburn faces a dilemma of potentially
having to choose , between supporting a citizen - approved state law that
legalize /decriminalize marijuana related activities or supporting the federal law under
which marijuana is illegal; and
WHEREAS, the dilemma would be exacerbated if the City of Auburn were to be
the governmental entity responsible for the licensing and permitting of those marijuana
related activities that are illegal under federal law; and
WHEREAS, the City Council finds that the state law and the accompanying
regulations promulgated by the WSLCB essentially, adequately address the issues and
impacts that would be involved by licensing and permitting activities if handled by the
City, so that the City of Auburn could restrict its activity in connection with such
businesses to enforcing and ensuring compliance with state law without the City having
to be the licensing and permitting agency; and
WHEREAS, the City Council has considered the recommendation of the
Planning Commission, the record herein, and all evidence and testimony presented;
and
WHEREAS, the City Council finds and determines that approval of such
amendments is in the best interests of the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. Recitals Adopted. The City Council hereby adopts the recital
clauses contained in this Ordinance as Findings of Fact or Conclusions, as may be
appropriate given the context of each recital.
Section 2. Amendment To City Code. That Section 1.04.060 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
Ordinance No. 6525
August 28, 2014
Page 5 of 11
ORD.A Page 69 of 111
1.04.060 Conflict of ordinances with state or federal law.
A. All ordinances and city code provisions, and regulations therein,
shall not be in conflict with all other regulations and /or requirements of state and
federal law, insofar as not permitting or allowing any action, use or conduct which
is in violation of or prohibited by any state or federal laws, regulations or codes.
Any such provisions that cannot be implemented or enforced because of
provisions of state or federal law, or that cannot be reconciled with any state or
federal law, shall be deemed to be in conflict therewith. Any provisions of city
ordinances or of the city code deemed by the city council to be in conflict with
state or federal law shall be null and void. This The provisions of this Section
does-do not allow any action, use or conduct which is in violation of any local,
state or federal laws, regulations, codes and /or ordinances, and the city is not
authorized to permit, or license such action, use or conduct.
B. Any action, use or conduct which is not permitted or allowed is
prohibited. It is provided, however, that the provisions of this Subsection B do not
apply to any person or persons who has /have a valid, lawful license issued by
the State of Washington to produce, process or sell marijuana, marijuana
concentrates, usable marijuana and /or marijuana- infused products and is acting
in full conformity with the requirements of the state of Washington related to such
license pursuant to Sections 69.50.301 - 369 RCW, and Sections 314 -55 -005 -
540 WAC. In such instances, the State of Washington, not the city, is the
permitting and licensing entity. It is provided, however, that this provision does
not preclude the city from taking enforcement action in instances where conduct
or activity that is licensed or permitted under Sections 69.50.301 - 369 RCW,
and Sections 314 -55 -005 - 540 WAC occurs within the City of Auburn but is not
in compliance with or violates the requirements of such state licensing or
permitting. For the purposes of this Section only, the provisions of Sections
69.50.325 - 369 RCW, and Sections 314 -55 -515 - 535 WAC are hereby adopted
by reference and Incorporated herein. (Ord. 6416 § 3, 2012.)
Section 3. Amendment To City Code. That Section 5.10.040 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
5.10.040 General business license required - Exception.
A. Any person desiring to establish or conduct any business enterprise or
undertaking as defined in ACC 5.10.020 within the corporate limits of the city,
shall first apply to the business license clerk, as designated by the mayor, for a
license to conduct such business and obtain such license as approved by the
city. The application shall be upon a form furnished by the business license clerk
on which the applicant shall state the business name, address, and telephone
number; the nature of the business activity or activities in which the applicant
desires to engage; the place where the business will be conducted; the number
of employees, and the name of the contact person along with an address and
telephone number, and the business identification number issued by the state of
Ordinance No. 6525
August 28, 2014
Page 6of11
ORD.A
Page 70 of 111
Washington; and the IRS letter testifying to nonprofit status or the copy of the
application to the IRS.
B. It is unlawful for any person to operate or physically conduct any
business within the city without having first obtained a general business license
for the current business year or portion thereof. The applicant for a business
license required under this title shall be over the age of 18 years. If any person
required to pay a license fee, by the terms and provisions of this chapter, for any
period fails or refuses to do so, they shall not be granted a license for the current
period until such delinquent license fee, together with penalties, has been paid in
full.
C. Specific businesses identified in Chapters 3.80, 3.84, 3.88, 5.20, 5.30,
5.84 ACC or elsewhere in this title or other titles of the Auburn City Code will be
required to obtain an individual business license as otherwise indicated.
D. Any business within the city jurisdiction on any project requiring a
permit must have a business license.
E. Exception to city business licensing requirement. A business license is
not required by the city of any person or persons who has /have a valid, lawful
license issued by the state of Washington to produce, process or sell marijuana,
marijuana concentrates, usable marijuana and /or marijuana- infused products in
conformity with the requirements of the state of Washington related to such
license pursuant to Sections 69.50.301 - 369 RCW, and Sections 314 -55 -005 -
540 WAC. (Ord. 5897 § 3, 2005; Ord. 5814 § 2, 2004; Ord. 5754 § 1, 2003; Ord.
4012 § 2, 1984.)
Section 4. Amendment To City Code. That Section 9.22.010 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
9.22.010 Marijuana prohibited.
A. Except as authorized under United States Code (USC) Title 21:
Controlled Substances Ac by the Revised Code of Washington, it is unlawful for
any person or persons to grow, manufacture, process, deliver, grow, or posccsc,
sell marijuana.
B. Except as authorized by the Revised Code of Washington, it is
unlawful for any person to possess marijuana.
C. "Marijuana," also known as "marihuana" means all parts of the plant
of the genus cannabis Cannabis sativa L., whether growing or not; the seeds
thereof; the resins extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the such plant, its seeds
or resin, and includes all marijuana concentrates, useable marijuana, and
marijuana- infused products. It-Such term does not include the mature stalks of
the such plant, fiber produced from the such stalks, oil or cake made from the
seeds of the such plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the such mature stalks (except the resins extracted
Ordinance No 6525
August 28, 2014
Page 7 of 11
ORD.A Page 71 of 111
therefrom), fiber, oil, or cake, or the sterilized seed of the such plant which is
incapable of germination.
D. It is unlawful for any person or persons who has /have a license
issued by the state of Washington to produce, process or sell marijuana,
marijuana concentrates, usable marijuana and /or marijuana- infused products to
fail to comply with or violate any of the requirements of the state of Washington
related to such license issued by the state of Washington, including, but not
limited to the requirements of Sections 69.50.325 — 369 RCW, and Sections 314-
55 -515 — 535 WAC. For the purposes of this Section only, the provisions of
Sections 69.50.325 — 369 RCW, and Sections 314 -55 -515 — 535 WAC are
hereby adopted by reference and Incorporated herein.
E. Violation of the provisions of this Section shall constitute a
misdemeanor, punishable by imprisonment in jail for a maximum term fixed by
the court of not more than ninety days, or by a fine in an amount fixed by the
court of not more than one thousand dollars, or by both such imprisonment and
fine. (Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.)
Section 5. Amendment To City Code. That Section 18.02.020 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
18.02.020 Authority to adopt code.
A. The City of Auburn comprehensive zoning ordinance is adopted by
City of Auburn ordinance, pursuant to Article XI, Section 11 of the Washington
State Constitution, the State Growth Management Act, RCW Title 35A, Optional
Municipal Code, and Chapter 36.70B RCW. In accordance with ACC 1.04.060.;
and
B. Notwithstanding any provisions otherwise, this title
does not permit or allow any action, use or conduct which is in violation of or
prohibited by any state or federal laws, regulations or codes. Any action, use or
conduct which is prohibited by state or federal law is prohibited hereby. It is
provided, however, that the provisions of this Subsection B do not apply to any
person or persons who has /have a valid, lawful license issued by the State of
Washington to produce, process or sell marijuana, marijuana concentrates,
usable marijuana and /or marijuana- infused products and is acting in full
conformity with the requirements of the state of Washington related to such
license pursuant to Sections 69.50.301 — 369 RCW, and Sections 314 -55 -005 —
540 WAC. In such instances, the State of Washington, not the city, is the
permitting and licensing entity. It is provided, however, that this provision does
not preclude the city from taking enforcement action in instances where conduct
or activity that is licensed or permitted under Sections 69.50.301 — 369 RCW,
and Sections 314 -55 -005 — 540 WAC occurs within the City of Auburn but is not
in compliance with or violates the requirements of such state licensing or
permitting. For the purposes of this Section only, the provisions of Sections
69.50.325 — 369 RCW, and Sections 314 -55 -515 — 535 WAC are hereby adopted
Ordinance No 6525
August 28, 2014
Page 8 of 11
ORD.A
Page 72 of 111
by reference and Incorporated herein. (Ord. 6416 § 4, 2012; Ord. 6245 § 2,
2009.)
Section 6. Amendment To City Code. That Section 18.07.010 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
18.07.010 Intent.
A. General. This section describes the intent for each of the city's
residential zones. These intent statements may be used to guide the
interpretation of the regulations associated with each zone.
B. (RC) Residential Conservancy Zone — One Dwelling Unit per Four
Acres. The RC residential conservancy zone is intended primarily to provide for
low- intensity single - family residential uses with characteristics of an agricultural
environment; provided, that the agricultural uses are secondary to the single -
family uses. These areas allow for a lifestyle similar to that of rural areas that
includes allowance of farm animals and streets without sidewalks. This zone is
intended to protect areas with significant environmental constraints or values
from impacts typically associated with urban levels of development while allowing
low- intensity development designed to minimize impacts on the natural
environmental features designated for conservation.
Public improvements required within the R -C zone will be less than is
normally required for the higher intensity residential zones within the city.
This zone shall only be applied in areas designated as residential
conservancy on the comprehensive plan. This zone shall allow one dwelling unit
per four acres minimum lot area.
C. R -1 Residential Zone — One Dwelling Unit per Acre. The intent of
the R -1 residential zone is to provide areas for estate -type residential
development on large lots. This zone would normally be located in the areas
particularly suited for such development.
Appropriate development standards required of other urban areas shall be
required to serve this zone.
D. R -5 Residential Zone — Five Dwelling Units per Acre. The R -5
single - family residential zones are intended to create a living environment of
optimum standards for single - family dwellings. It is further intended to achieve
development densities of four to five dwelling units per net acre. This zone will
provide for the development of single - family detached dwellings and for such
accessory uses as are related, incidental and not detrimental to the single - family
residential environment.
E. R -7 Residential Zone — Seven Dwelling Units per Acre.
The R -7 single - family residential zones are intended to create a living
environment of optimum standards for single - family dwellings. It is further
intended to achieve development densities of five to seven dwelling units per net
acre. This zone will provide for the development of single - family detached
Ordinance No. 6525
August 28, 2014
Page 9 of 11
ORD.A
Page 73 of 111
dwellings and for such accessory uses as are related, incidental and not
detrimental to the residential environment.
F. R -10 Residential Zone — 10 Dwelling Units per Acre. The R -10
residential zones are intended to permit some increase in population density in
those areas to which this classification applies by permitting single - family
dwellings and duplexes on a minimum size lot while at the same time, by means
of the standards and requirements set forth in this chapter, maintaining a
desirable family living environment by establishing minimum lot areas, yards and
open spaces. A related consideration is to provide a transition between single -
family areas and other intensive designations or activities which reduce the
suitability for single - family uses.
G. R -16 Residential Zone — 16 Dwelling Units per Acre. The R -16
zone is intended to provide for medium density multiple - family residential
development as designated in the comprehensive plan, and is further intended
as a residential zone of single, duplex and multiple - family residences, except as
specifically provided elsewhere in this chapter.
H. R -20 Residential Zone — 20 Dwelling Units per Acre. The R -20
zone is intended to provide for multiple - family residential development and is
further intended as a residential zone primarily of multiple - family residences,
except as specifically provided elsewhere in this chapter. A related consideration
is to make it possible to more efficiently and economically design and install all
physical public service facilities in terms of size and capacity to adequately and
permanently meet needs resulting from a defined intensity of land use.
Except as specifically provided in the city code, no business or
commercial use shall be allowed in a residential district of the city that does not
have a city of Auburn business license. (Ord. 6245 § 5, 2009.)
Section 7. Termination of Moratorium. The Moratorium implemented
pursuant to City of Auburn Resolution No. 4992, passed on September 16, 2013, shall
terminate upon the date this Ordinance becomes effective in accordance with the
provisions of Section 10, below.
Section 8. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 9. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
Ordinance No. 6525
August 28, 2014
Page 10 of 11
ORD.A
Page 74 of 111
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 10. 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:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
.r-
APP�ROVED AS TO FORM:..,
Daniel B. He , Ci y ttorney
PUBLISHED:
Ordinance No. 6525
August 28, 2014
Page 11 of 11
ORD.A
Page 75 of 111
Potential State Licensed Locations for Cannabis Uses 1AUB
WASHINGTON
(After 1,000 foot Buffer Requirement)
S 272ND Sr -
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S 277tH ST .337t81 i
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SE 272ND ST SE 272ND 55
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C1 Light Commercial District
ORD.A
C3 Heavy Commercial District Mi Light Industrial District
CN Neighborhood Shopping District + M2 Heavy Industrial District
Page 76 of 111
Printed On: 3/20/2014
Map IP: 4313
Information shown 6 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.
•••;04(
CITY OF �
i3u
WASHINGTON
DRAFT
PLANNING COMMISSION
August 6, 2014
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:01 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
II. ROLL CALL /ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Vice -Chair Copple,
Commissioner Couture, Commissioner Mason, Commissioner Baggett, and
Commissioner Smith. Commissioner Pondelick is excused.
Staff present included: Planning and Design Services Manager Elizabeth Chamberlain,
City Attorney Dan Heid, Senior Planner David Jones, and Community Development
Secretary Tina Kriss.
Members of the public present: Suzanne Cheney, Darren and Melanie Capps, Doyle
and Gina Beckley, Glenna Smith, D.H. Woolf, Tim Edwards, Jeff Anderson, James
Blankinship, Arne Nelson, and Eric Gaston.
III. APPROVAL OF MINUTES
A. July 8, 2014
Commissioner Copple moved and Commissioner Smith seconded to approve the
minutes from the July 8, 2014 meeting as written.
Motion carried. 5 -0
Commissioner Baggett did not vote due to his absence at the last meeting.
IV. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hearing.
V. PLANNING DEPARTMENT REPORT
Planning and Design Services Manager Elizabeth Chamberlain reported that the Auburn
School District will be seeking a Certificate of Occupancy on Phase 1 of the new Auburn
high School building during the week of August 25, in order to obtain occupancy August
28, 2014; the demolition of the old building has begun.
ORD.A Page 77 of 111
PLANNING COMMISSION MEETING MINUTES August 6, 2014
Merrill Gardens, a senior housing facility with 127 units (the block south of the Trek
Apartment project) has submitted their plans for design review and staff expects
additional submittals to follow.
At the City Council meeting Monday, August 4, 2014, staff brought forward Ordinance
No. 6526, a traffic impact fee extension for the downtown catalyst blocks. Council
extended the exemption through December 31, 2016 by adopting Ordinance No. 6526.
In 2002 the State Legislature modified the definition of short subdivisions to allow City's
planning under the State Growth Management Act to increase their threshold from 4 to 9
or fewer lots. The City would like to bring forward a proposed amendment to increase
the City's threshold to 9 or fewer lots.
VI. PUBLIC HEARINGS
A. ZOA14 -0003 — Proposed Amendment to Auburn City Code
Chair Roland opened the public hearing on the proposed amendments to Auburn
City Code relating ZOA14 -0003, Option 1 or Option 2, at 7:06 p.m.
City Attorney Dan Heid provided background information on the proposed
amendments, ZOA14 -0003. Option 1 is a prohibition of State licensed marijuana
uses and Option 2 is a proposal that would not have the City as the permitting
agency of any marijuana activities, but would put the City in the position of enforcing
State licensed marijuana businesses.
City Attorney Heid explained the State law is currently opposite to the Federal law. A
discussion was held regarding various legal cases that have been and may be
brought for those jurisdictions prohibiting the use of recreational marijuana. The
Commission and staff discussed the voters' choice to support the initiative, potential
future legal issues, and the City not receiving any direct tax dollars from the State
collection of taxes on 1 -502 sales.
Senior Planner David Jones asked the Commission if they had any questions
regarding ZOA14 -0003, a proposed code amendment to Auburn City Code (ACC).
Option 1 (amending ACC 9.22.010) and Option 2 (amending ACC 1.04.060,
5.10.040, 9.22.010, 18.02.020 and 18.07.010). No questions were asked at this time.
Chair Roland invited anyone for or against the proposed options to come forward for
testimony:
Eric Gaston, 4423 193rd Ave. SE, Issaquah
Mr. Gaston explained that he and his partners are stakeholders who hold an 1 -502
retail license in Auburn. Mr. Gaston emphasized that the citizens of the State voted
in favor of recreational marijuana. Mr. Gaston provided background information on
his family, the 1 -502 industry, and his desire to bring marijuana
"out of the shadows ". He believes as businesses move forward to provide
recreational marijuana through sales, cities will benefit from the taxes, and more jobs
will be created. Mr. Gaston emphasized that he is in favor of Option 2.
ORD.A Page 2 Page 78 of 111
PLANNING COMMISSION MEETING MINUTES August 6, 2014
James Blankinship, 39307 Auburn - Enumclaw Road SE, Auburn
Mr. Blankinship stated that he is an 1 -502 retail lottery winner to do business in
Auburn. He emphasized that he believes the City will receive benefits through the
25% excise tax collected on marijuana sales. These benefits may come indirectly
through the State Basic Health Plan, the Department of Social and Health Services
Community Block Grant program, and the allocations to the State's general fund
which provides funding to local schools. He is excited to provide employment
opportunities to Auburn and feels extra property tax revenue will be generated by
allowing 1 -502 growers and processors to operate within the City. Mr. Blankenship
provided statistics on the reduction of Colorado crime due to the legalization of
recreational marijuana. Mr. Blankinship is in favor of Option 2.
Darren Capps, 35220 172nd Ave. SE, Auburn
Mr. Capps explained that he has been an aerospace business owner for 17 years in
Auburn. He reminded the Commission that the State and City voters said "yes" to
recreational marijuana and other states are approving the use of medical marijuana.
He believes recreational marijuana is soon to follow. Mr. Capps emphasized that
there will be a large amount of money generated for the State, City, and others. He
would like the City to approve Option 2 as the state holds struck regulations and
would be carrying the majority of the burden.
Suzanne Cheney, 20914 SE 358th Street, Auburn
Ms. Cheney told the Commission that she is a retired postal worker who lives on land
zoned as agriculture. She would like to take part in a marijuana growing operation
since she has been unable to grow other types of agriculture on her property. Her
experience working with the State Liquor Control Board has been positive; she would
like to begin a marijuana growing operation and would like the City to select Option
2.
Arnie Nelson, 4423 193rd Ave. SE, Issaquah
Mr. Nelson stated that he drew the second retail lottery license in the City of Auburn.
Mr. Nelson emphasized that prohibition has been a massive failure and asked the
City to side with the voters and select Option 2 which will bring jobs, tourism, and
more people into the community.
Doyle Beekley, 16018 SE 267th Ct., Covington
Mr. Beekley stated that he and Mr. Capps are partners in a business called Hydro
Empire Pharmaceuticals which focuses on the medical benefits. He stated that
approximately 30 states currently are allowing medical marijuana and that
recreational marijuana should not be far behind. He is in favor of Option 2.
Jeff Andersen, 1816 James Busis Rd. NW, Issaquah
Mr. Andersen explained that the company he and his partners will operate will be
providing good compliance and cooperation with the City Police Department. He
states that they will be proving good paying jobs that are respectful which will benefit
the City. He would like the City to select Option 2.
ORD.A Page 3 Page 79 of 111
PLANNING COMMISSION MEETING MINUTES August 6, 2014
Del Woolf, Bonney Lake
Mr. Woolf is in favor of Option 2, and believes this issue is time sensitive for the
stakeholders. He stated Option 2 would suite the stakeholders the best while being
the safest route with the least liability for the City.
Chair Roland invited the Commission to ask questions of staff, no additional
questions were asked. The Commission and staff discussed indirect benefits the
City may receive from the tax the State would receive on 1 -502. City Attorney Dan
Heid emphasized that no direct tax dollars would be provided to the City under the
current 1 -502 provisions the State would receive.
With no further questions from the public, Chair Roland closed the public hearing at
7:54 p.m. on ZOA14 -0003. The Commission deliberated.
Commissioner Copple moved and Commissioner Mason seconded to recommend
moving Option 2, Ordinance No. 6525, forward to City Council for approval.
Vice -Chair Copple moved and Commissioner Mason seconded to recommend City
Council adopt Option 2, to include the Proposed Planning Commission Findings and
Conclusions and Recommendation — Option 2.
Motion approved. 5 -1
Staff confirmed that the next Planning Commission meeting will be held Wednesday,
September 3, 2014.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 7:58 p.m.
ORD.A Page 4 Page 80 of 111
AuBuRN ITY Cdr •
wAs - IENGTo
Agenda Subject:
Ordinance No. 6529
Department:
Legal
AGENDA BILL APPROVAL FORM
Attachments:
Ordinance No. 6529
Administrative Recommendation:
Date:
August 26, 2014
Budget Impact:
$0
City Council approve Ordinance No. 6529.
Background Summary:
Animal control regulations located in Title 6 of the Auburn City Code provide for
licensing of animals (dogs and cats) and also provide for the impounding of animals
running at large. When animals are impounded on successive occasions, the City
Code provides that the animal may be spayed or neutered is a requirement for
redemption of the animal from impound.
The current provisions of the City Code, however, do not give as much detail as could
be given regarding the notice to be given to the owner of an impounded animal. It is
appropriate for the city code to be amended to provide greater specificity in terms of
the notice to owners. It is also appropriate that, as a preliminary step to spaying or
neutering an impounded animal, the animal should be microchipped, so that the
identity of the animal can be determined with certainty, should the animal
subsequently be impounded.
With these other changes, it is also appropriate for the City Code to be amended to
identify an appeal process, should the owner of an animal that has been impounded
objects to an order calling for the animal to be microchipped or spayed or neutered.
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza Staff: Heid
Meeting Date: September 2, 2014 Item Number: ORD.B
ORD.B
AUBURN * MORE THAN YOU IMAGINED Page 81 of 111
ORD.B
AUBURN * MORE THAN YOU IMAGINED Page 82 of 111
ORDINANCE NO. 6 5 2 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
6.01.050, 6.01.070 AND 6.01.100 OF THE AUBURN CITY
CODE, RELATING TO ANIMAL CONTROL
WHEREAS, the current provisions of the Auburn City Code provide for animal control,
including impoundment of animals running at large; and
WHEREAS, the city code also provides for spaying and neutering of animals as a
condition of release where the animals have been impounded on multiple occasions; and
WHEREAS, in connection with the impoundment of animals and the potential spaying or
neutering of these impounded animals, it is appropriate that the City take steps to provide
reasonable notice to the owners of the consequences that could occur with respect to their
animals; and
WHEREAS, and it is also appropriate to clarify what opportunities exist for an owner to
appeal an order to spay or neuter an impounded animal; and
WHEREAS, as a preliminary step to spaying or neutering an impounded animal, it would
be valuable for animal control purposes to have the animal microchipped so that, should the
animal be subsequently impounded, its identity could be determined with certainty.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. AMENDMENT TO CITY CODE. Section 6.01.050 of the Auburn
City code be, and the same hereby is, amended:
Ordinance No. 6529
August 26, 2014
Page 1 of 4
ORD.B Page 83 of 111
6.01.050 Notice of impounding animal.
Upon the impoundment of any animal under the provisions of this title, the
animal control officer or shelter shall 11et+fy-give written notice to the owner, if the
owner is known, of the impounding of such animal and the terms upon which said
animal can be redeemed. The notifying of any person over the age of 18 who
resides at the owner's domicile or mailing the notice to the address given to the
city at the time the animal was licensed shall constitute actual notice to the
owner. If the owner of said animal so impounded is unknown, then the animal
Am
owner of the animal and cannot be reasonably determined or located, no notice
of impound shall be required, and the city and /or the animal shelter shall be
entitled to take such action allowed under the city code as if notice were given.
There shall be no obligation to determine the owner of such animal if the animal
is not wearing a license or other identification or is not microchipped. (Ord. 6424
§1,2012.)
Section 2. AMENDMENT TO CITY CODE. Section 6.01.070 of the Auburn
City code be, and the same hereby is, amended:
6.01.070 Redemption of animals.
A. Unless otherwise specifically provided in this title, the owner of any
animal impounded under this title may shall redeem said animal within 72 hours
from time of impounding notice of impound pursuant to Section 6.01.050 of the
City Code by paying the appropriate redemption fee as well as any applicable
boarding charge for the caring and keeping of such animal. All fees and charges
must be paid and the owner must sign an acknowledgment that he /she is aware
of the obligations and responsibilities of animal owners pursuant to Title 6 of the
city code prior to redeeming the animal. A dog or cat may not be redeemed
unless it is properly licensed.
B. If an impounded animal is not redeemed by the owner within -48
hours 72 hours from time of impounding notice of impound pursuant to Section
6.01.050 of the City Code, then the animal shall become the property of the
animal shelter, and any person may purchase adopt it within the next 18 hours by
complying with the animal shelter's purchase adoption provisions. In case the
event that such animal is not redeemed or adopted within 120 hours after notice
of impoundment, it may be humanely euthanized or otherwise disposed of within
the discretion of the animal shelter. It is provided, however, that if the animal
control officer and /or the animal shelter deem(s) the impounded animal to be
dangerous and /or unadoptable, the animal may be humanely euthanized after 72
hours from time of impounding notice of impound pursuant to Section 6.01.050 of
the City Code. (Ord. 6424 § 1, 2012.)
Ordinance No. 6529
August 26, 2014
Page 2 of 4
ORD.B Page 84 of 111
Section 3. AMENDMENT TO CITY CODE. Section 6.01.100 of the Auburn
City code be, and the same hereby is, amended:
6.01.100 Mandatory microchip /spay /neuter for impounded dogs and cats -
Exception.
A. No unaltered un microchipped impounded dog or cat that is -has
previously been impounded more than once in anywithin the preceding 12 24-
month period may be redeemed by any person until the animal is cpayod or
neuteredmicrochipped pursuant to an order of the animal control officer directing
the microchippinq. The altcration microchipping shall be accomplished by the
shelter or by any duly licensed veterinarian. In all cases, the veterinarian fees
and costs shall be paid at the time of redemption by the animal's owner or person
redeeming the animal.
B. No unaltered impounded dog or cat that has previously been
impounded twice within the preceding 24 -month period may be redeemed by any
person until the animal is spayed or neutered pursuant to an order of the animal
control officer directing the alteration. The alteration shall be accomplished by the
shelter or by any duly licensed veterinarian. In all cases, the veterinarian fees
and costs shall be paid at the time of redemption by the animal's owner or person
redeeming the animal.
C. Exceptions to mandatory microchipping or alteration. The alteration
shall not be required upon a showing of proof of alteration from a licensed
veterinarian. The microchippinq or alteration shall not be required if the owner or
other person redeeming the animal provides a written statement from a licensed
veterinarian stating that and explaining why the microchip, spay or neuter
procedure would be harmful to the animal.
D. Appeal of order for microchipping or alteration. If the owner of the
animal objects to the order directing microchippinq or alteration of the animal, the
owner may submit a written appeal of the order within 72 hours of notice of the
impound, which appeal shall be heard by the police chief or designee. The owner
shall, at the same time, pay $100.00 as a non - refundable appeal fee, and shall
post a cash deposit of $250.00 to cover the additional costs incurred by the city
and /or the animal shelter related to the impound, including but not limited to
impound charges and costs of microchippinq and alteration. It is further provided
that, regardless of the outcome of the appeal, the owner shall be responsible for
the costs of or related to the impound and any resulting microchipping and /or
alteration. The decision of the police chief or designee on the appeal shall be
final, unless the owner seeks injunctive relief from the King County Superior
Court. (Ord. 6424 § 1, 2012.)
Ordinance No. 6529
August 26, 2014
Page 3 of 4
ORD.B Page 85 of 111
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:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Da i -.I 'B. Held, City A torney
PUBLISHED:
Ordinance No. 6529
August 26, 2014
Page 4 of 4
ORD.B
Page 86 of 111
AUBURN -ITY F
WASH o
Agenda Subject:
Resolution No. 5094
Department:
Community Development &
Public Works
AGENDA BILL APPROVAL FORM
Attachments:
Resolution Na 5094
Administrative Recommendation:
Date:
August 27, 2014
Budget Impact:
$0
City Council to adopt Resolution No. 5094.
Background Summary:
On November 6, 2012, the people of the State of Washington voted to pass State
Initiative 502 (1 -502) allowing the State to license and regulate recreational marijuana
production, distribution, and possession for persons over 21 (56% YES to 44% NO
statewide; 53% YES to 45% NO Auburn). On September 16, 2013, the City Council
passed its Resolution No. 4992 imposing an initial one -year moratorium on the
acceptance or processing of applications for business licenses and other licenses,
permits, and approvals for marijuana /cannabis related businesses or uses.
This moratorium was established to act as a stop -gap measure in order to 1) provide
the City with an opportunity to study the issues concerning the siting of such State
licensed related businesses and prepare appropriate revisions to the City's codes and
regulations, and 2) to protect the health, safety, and general welfare of the citizens of
Auburn by ameliorating negative impacts of marijuana related businesses /uses.
As part of the Work Plan as established in Section 5B of the moratorium, Planning and
Legal staff have engaged in a collaborative research and analysis effort and prepared
Options for Planning Commission to consider. Those Options were to construct
amendments to the City Code that would either, 1) prohibit all marijuana related
businesses /uses in the City; 2) ensure compliance with State regulations whereby the
City would be the enforcing entity but not the permitting or licensing agent for
marijuana related uses; or 3) City place additional regulations on top of the State
regulations making the City both the enforcing entity as well as a permitting and
licensing agent for marijuana related uses.
RES.A
AUBURN * MORE THAN YOU IMAGINED Page 87 of 111
The Planning Commission reviewed the issue over several meetings and held a public
hearing on August 6, 2014 to review and make a final recommendation to move
forward to City Council. By a 5 -1 vote, the Commission voted to recommend Option 2
as written to Council for approval.
If the City Council elects not to enact Ordinance No. 6525 then the existing
moratorium will need to extended up to an additional six months through Resolution
No. 5094. According to the terms of the moratorium extension, it would automatically
expire (conceivably sooner than at the end of six months) upon the effective date of
an ordinance addressing 1 -502 marijuana regulations. A public hearing on the
moratorium extension will need to be held within 60 days of passing Resolution No.
5094 if the City Council takes that action; scheduled for October 20, 2014.
Reviewed by Council Committees:
Other: Legal
Councilmember: Holman Staff: Snyder
Meeting Date: September 2, 2014 Item Number: RES.A
RES.A
AUBURN * MORE THAN YOU IMAGINED Page 88 of 111
RESOLUTION NO. 5 0 9 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, EXTENDING THE MORATORIUM
ESTABLISHED BY RESOLUTION NO. 4992 ON
ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR
BUSINESS LICENSES AND OTHER LICENSES, PERMITS
AND APPROVALS FOR MARIJUANA/CANNABIS RELATED
BUSINESSES AND USES
WHEREAS, Washington State's Initiative 502 (1 -502) was an initiative to the
Washington State Legislature seeking reform of the laws in this state on marijuana,
which Initiative appeared on the November 2012 general election ballot, and was
passed by a margin of approximately 56 percent to 44 percent; and
WHEREAS, notwithstanding the State Initiative, the City of Auburn has in its City
Code a provision that precludes enactment of city ordinances that are in conflict with
state or federal law, as follows:
and
1.04.060 Conflict of ordinances with state or federal law.
All ordinances and city code provisions, and regulations therein, shall not
be in conflict with all other regulations and /or requirements of state and federal
law, insofar as not permitting or allowing any action, use or conduct which is in
violation of or prohibited by any state or federal laws, regulations or codes. Any
such provisions that cannot be implemented or enforced because of provisions of
state or federal law, or that cannot be reconciled with any state or federal law,
shall be deemed to be in conflict therewith. Any provisions of city ordinances or
of the city code deemed by the city council to be in conflict with state or federal
law shall be null and void. This provision does not allow any action, use or
conduct which is in violation of any local, state or federal laws, regulations, codes
and /or ordinances. Any action, use or conduct which is not permitted or allowed
is prohibited. (Ord. 6416 § 3, 2012.)
WHEREAS, notwithstanding the State Initiative, there are clear conflicts between
the State and Federal law on marijuana /cannabis, as cannabis is still classified as a
Resolution No. 5094
August 25, 2014
RE9A1 of 6
Page 89 of 111
schedule I controlled substance under federal law and subject to federal prosecution
under the doctrine of dual sovereignty; and
WHEREAS, in addition to the conflict between the State Initiative and Federal
law, the practices of those involved in marketing marijuana /cannabis products are
changing, so that how certain things would be addressed by the State of Washington is
in flux and fraught with uncertainties; and
WHEREAS, following the passage of 1 -502, the State of Washington has moved
forward with the development of processes and regulations for marijuana licenses,
requirements for an application process and for reporting, and other requirements for
marijuana /cannabis related businesses; and
WHEREAS, Chapter 69.51A of the Revised Code of Washington (RCW), most
recently amended by Laws of the State of Washington, Chapter 181 in 2011, contains
provisions regarding medical cannabis that are not addressed in the State Initiative.
These most recent amendments, combined with the State Initiative, appear to create a
"two tiered" system regarding marijuana /cannabis, depending on whether the use is
recreational or medical. There continues to be uncertainty as to how to reconcile the
differences between recreational and medical cannabis
WHEREAS, it is appropriate that the (currently "draft ") provisions of the
Washington Administrative Code (WAC) — Chapter 314 -55 WAC — be thoroughly
evaluated in terms of what they mean for the City of Auburn, how the City should
address these State regulations and the possible effect on Chapter 69.51A RCW; and
Resolution No. 5094
August 25, 2014
Rg§A2 of 6
Page 90 of 111
WHEREAS, the City of Auburn does not currently have a specific provision in its
zoning and land use codes addressing the use of property for marijuana /cannabis
related businesses or medical marijuana; and
WHEREAS, in conformity with the responsibilities of the City of Auburn to provide
for zoning and land use regulations pursuant to state law, and the City's authority to
regulate land use activity within its corporate limits, the City intends to explore and
evaluate how it can develop appropriate zoning and land use regulations for
marijuana /cannabis related businesses and medical marijuana related activities; and
WHEREAS, the City Council understands, based on information compiled by
other jurisdictions and publicly available, that the secondary impacts associated with
marijuana /cannabis related businesses and medical marijuana related activities could
include crimes against the businesses themselves as a result of the products
maintained on the site, increased criminal activity in areas around the businesses, loss
of revenue for neighboring businesses, and exposure of marijuana /cannabis products to
minors; and
WHEREAS, the City Council further understands, based on information compiled
by other jurisdiction and publicly available, that indiscriminately and inappropriately
allowing state licensed marijuana /cannabis related businesses to be located within the
City may result in diminution of real estate property values, and may, as well, result in
adverse impacts to the affected neighborhoods; and
WHEREAS, to avoid or minimize the potential negative impacts of any future use
of property for such marijuana /cannabis related businesses in the City of Auburn, it will
be necessary for there to be City regulations in place to 1) properly review and assess
Resolution No. 5094
August 25, 2014
Rg 3 of 6
Page 91 of 111
the impacts a marijuana /cannabis related business may have on the City and the
immediate neighborhood; and 2) determine reasonable and appropriate measures to be
taken to mitigate those identified negative impacts; and
WHEREAS, in order to fully consider all the options and alternatives for such
regulations, including evaluation of State regulations, and to fully investigate and review
all of the factors involved in developing potential appropriate regulation of
marijuana /cannabis related businesses, the City needs time to complete such reviews
and put into place such regulations prior to accepting applications for siting State
licensed marijuana /cannabis related businesses and medical marijuana related
activities; and
WHEREAS, RCW Sections 35A.63.220 and 36.70A.390 authorize cities to adopt
moratoria; and
WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate
for the City Council to hold public hearings and to authorize the holding of public
hearings and /or other means to gather information and adopt findings of fact supporting
and justifying the moratorium, and to implement a work plan for review of the issues
related to marijuana /cannabis related businesses in the development of the City's
business and land use regulations; and
WHEREAS, in accordance therewith, the City Council passed, on September 16,
2013, its Resolution No. 4992 establishing a Moratorium, with a work plan to be
effective for an initial one -year period of time; and
WHEREAS, the Planning Commission has completed its review of the issues
and has developed recommendations for action to the City Council, however, the City
Resolution No. 5094
August 25, 2014
RgtgA4 of 6
Page 92 of 111
Council, likewise, needs time to evaluate and consider the issues involved in connection
with 1 -502; and
WHEREAS, it is appropriate that the initial moratorium be extended for a period
of up to an additional six months to give the City Council time to consider its position
with respect to the recommendation received by the planning commission and ultimate
adoption of an ordinance related thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Moratorium Extended. Pursuant to RCW 35A.63.220, the
Moratorium established pursuant to Resolution Number 4992, prohibiting the City from
receiving and /or processing any applications for any marijuana /cannabis related
business in any and all zoning districts in the City of Auburn, is extended for a period of
up to six months. The extension of the Moratorium shall become effective on the date
hereof, and shall continue in effect for an initial period of six months from the effective
date of this Resolution, unless repealed, further extended or modified by the City
Council pursuant to RCW 35A.63.220, provided that the moratorium shall automatically
expire upon the effective date of regulations adopted by the City Council to address the
implementation of the State's licensing of any marijuana /cannabis related business to
be located in the City of Auburn.
Section 2. Public Hearing. A public hearing shall be scheduled for 7:30 p.m. or
as soon thereafter as the matter may be heard, on the 20th day of October, 2014, in City
Council Chambers, 25 West Main Street, Auburn, Washington 98001, to hear and
Resolution No. 5094
August 25, 2014
REg* 5 of 6 Page 93 of 111
consider the comments and testimony of those wishing to speak at such public hearing
regarding the moratorium.
Section 3. Severability. If any sections, sentence, clause or phrase of this
Resolution shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, or its application held inapplicable to any person, property or circumstance,
such invalidity or unconstitutionality or inapplicability shall not effect the validity or
constitutionality of any other section, sentence, clause or phrase of this Resolution or its
application to any other person, property or circumstance.
Section 4. Effective Date. That this Resolution shall take effect and be in
full force upon passage and signatures hereon.
Dated and Signed this day of , 2014.
CITY OF AUBURN
ATTEST:
Danielle E. Daskam, City Clerk
APPROVE m AS O FOR
1B Heid, eity-Attorney
Resolution No. 5094
August 25, 2014
REtgeA6 of 6
NANCY BACKUS, MAYOR
Page 94 of 111
AuBuRN ITY OF �
wAs - IENGTo
Agenda Subject:
Resolution No. 5095
Department:
Public Works
AGENDA BILL APPROVAL FORM
Attachments:
Resolution No. 5095 and Exhibit A
Administrative Recommendation:
Date:
August 27, 2014
Budget Impact:
$0
City Council adopt Resolution No. 5095.
Background Summary:
Resolution No. 5095 authorizes the Mayor to execute an agreement with the City of
Kent regarding Auburn's S 277th Street Corridor Project and jurisdiction over the S
277th St Corridor.
Portions of S 277th St are currently within the jurisdictions of Auburn, Kent, and King
County. This results in issues with coordination of maintenance responsibilities,
permitting requirements, and development review. Bringing the entire roadway right -
of -way from Auburn Way South to approximately 723 feet east of the L St NE
intersection into Auburn's jurisdiction will improve the ability of the City to effectively
manage the facility as well as the City's S 277th St Corridor Capacity and Non -
Motorized Trail Improvement project. This agreement with the City of Kent defines
where the future jurisdictional boundaries and maintenance responsibilities of the two
Cities along S 277th St will be, and defines the future intent for the L St NE signal and
coordination of the City of Auburn's S 277th St Corridor Project.
Staff is preparing a resolution for action later this year which will revise the corporate
boundary of the City of Auburn along S 277th St based on this agreement with the
City of Kent.
Reviewed by Council Committees:
Finance, Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: September 2, 2014 Item Number: RES.B
RES.B
AUBURN * MORE THAN YOU IMAGINED Page 95 of 111
RES.B
AUBURN * MORE THAN YOU IMAGINED Page 96 of 111
RESOLUTION NO. 5 0 9 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH
THE CITY OF KENT REGARDING AUBURN'S S
277TH STREET CORRIDOR PROJECT AND
JURISDICTION OVER THE SOUTH 277TH STREET
CORRIDOR
WHEREAS, the City's of Auburn and Kent desire to work together for the
mutual and overall benefit of the S 277th Street Corridor; and
WHEREAS, the City of Auburn intends to construct its project, commonly
known as the South 277th Street Corridor Capacity & Non - motorized Trail
Improvement project, and has obtained complete funding to design and
construct its project; and
WHEREAS, portions of Auburn's project abut properties located within
Kent's corporate boundaries; and
WHEREAS, Auburn's project will require widening to the south of the
existing South 277th Street roadway and Auburn does not anticipate requiring
any right of way from properties within Kent's jurisdiction; and
WHEREAS, both cities intend to annex — and correspondingly de -annex —
portions of the South 277th Street Corridor to clearly define ownership and
maintenance responsibilities of the corridor; and
WHEREAS, the City of Kent and the City of Auburn are authorized to
enter into this Agreement under the authority of their respective enabling
Resolution No. 5095
August 25, 2014
Page 1
RES.B Page 97 of 111
legislation and under the authority of Chapter 39.34 of the Revised Code of
Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an agreement
with the City of Kent, in substantial conformity with the agreement attached
hereto, marked as Exhibit "A" and incorporated herein by this reference
Section 2. The Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2014.
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
el B. Heid, City Attorney
Resolution No. 5095
August 25, 2014
Page 2
RES.B
Page 98 of 111
EXHIBIT "A"
AGREEMENT REGARDING
S 277TH STREET CORRIDOR ROADWAY
THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal
Corporation, located and doing business at 220 Fourth Avenue South, Kent, Washington 98032
( "Kent ") and the City of Auburn, a Washington Municipal Corporation, located and doing
business at 25 West Main Street, Auburn, Washington 98001 ( "Auburn").
RECITALS
277TH STREET CORRIDOR CONSTRUCTION
WHEREAS, both cities desire to work together for the mutual and overall benefit of the S
277th Street Corridor; and
WHEREAS, Kent has constructed a roadway improvement project, commonly known as
the S 277th Street Corridor Project, which commences generally from the intersection of SE
277th Street and 83rd Avenue S. (a/k/a East Valley Highway or Central Avenue or Auburn Way
North) and runs generally east across the Green River, then along SE 274th Street in Kent, and
then north along 116th Avenue SE and terminating at Kent - Kangley Road in Kent. Kent's
project included a 2 -lane roadway with a left turn between Auburn Way North and L St NE, a S-
lane roadway between L St NE. and 108t1i Ave. SE, a 4 -lane roadway with a left -turn lane
between 108th Ave. SE and Kent - Kangley Road, and a non - motorized trail between L St NE and
108th Ave. SE along with a pedestrian bridge over the Green River; and
WHEREAS, Auburn, as the lead agency on its project, commonly known as the South
277th Street Corridor Capacity & Non - motorized Trail Improvement project, has obtained
complete funding to design and construct its project; and
WHEREAS, Auburn has commenced environmental review and design on its project and
intends to construct the only remaining 2 lane segment on the S 277th Street Corridor between
SR -99 and SR -18, which generally commences at the intersection of Auburn Way North and
runs east to L St NE; and
WHEREAS, Kent completed all required wetland mitigation for its previous S 277th St
1
RES.B Page 99 of 111
Corridor Project as well as advanced wetland mitigation for Auburn's project; and
WHEREAS, Kent concurs that Auburn may utilize the advanced wetland mitigation
completed as credit towards any wetland mitigation as may be required by the regulating
agencies for completion of Auburn's S 277`h St Corridor Project; and
WHEREAS, the project is a part of the S 277`h St Corridor (from I -5 to SR 516) and the
cities will restrict private access to the extent possible; and
WHEREAS, Kent allowed a temporary traffic signal to be installed at L St NE to
facilitate development of the Trail Run residential plat, and the cities agree the intent was for the
signal to be removed in the future; and
WHEREAS, portions of Auburn's project abut properties located within Kent's corporate
boundaries; and
WHEREAS, Auburn's project will require widening to the south of the existing S 277`h
St roadway and Auburn does not anticipate requiring any right of way from properties within
Kent's jurisdiction; and
WHEREAS, both cities intend to annex portions of the S 277th St Corridor to clearly
define ownership and maintenance responsibilities; and
WHEREAS, an interlocal agreement exists between the Valley Communications Center
and Auburn and Kent for the establishment and use of fiber optic cable and equipment along S
277`h St/SE 274th Way between Auburn Way North and 108th Ave SE; and
WHEREAS, Kent intends to maintain ownership of existing conduits in the roadway and
plans for possible future water line extension through the S 277`h St Corridor;
NOW, THEREFORE, Kent and Auburn hereby agree as follows:
AGREEMENT
A. AUBURN'S S. 277TH STREET CORRIDOR PROJECT
1. Auburn will be the lead agency for the overall funding, design, right of way
acquisition, permitting, construction and completion of its proposed S 277th
Street Corridor Capacity & Non - motorized Trail Improvement Project which
includes, but is not limited to:
2
RES.B Page 100 of 111
• A five lane arterial with left -turn lanes, curb, gutter, storm drainage,
landscaping, one traffic signal, street lighting and mixed use non - motorized
trail from Auburn Way North to L St NE.
• Repair of the existing pavement from Auburn Way North to approximately
260 feet east of the L St NE intersection, and provide a minimum 2 -inch
asphalt concrete overlay over the existing pavement.
2. Auburn will continue to coordinate its design and construction efforts to match
Kent's S 277th Street Project.
3. Kent and Auburn agree that it is their mutual intent for there to be only one traffic
signal between Auburn Way North and 108`h Avenue SE and that said signal
should be located at the future I St NE intersection. Once funding becomes
available for an alternate roadway connection for the Trail Run residential
development and the temporary L St NE signal is no longer needed, it is the intent
that Auburn removes the temporary signal at L St NE and any remaining
temporary pavement channelization along S 277th St./ S 274`h Way.
B. KENT AND AUBURN CITY LIMIT REVISIONS
1. Kent will revise its corporate boundaries per RCW 35A.21.210 to convey its
complete jurisdiction of S. 277`h St. corridor from Auburn Way North to
approximately 723 feet east of the L St NE intersection to the City of Auburn as
per the applicable portions of the attached exhibit maps "A" and "B" and the
attached legal descriptions Exhibits A -1, and B -1, B -2, B -3, B -4, and B -5.
2. Auburn will revise its corporate boundaries per RCW 35A.21.210 to incorporate
the complete jurisdiction of S. 277th St. corridor from Auburn Way North to
approximately 723 feet east of the L St NE intersection into the City of Auburn as
per the applicable portions of the attached exhibit maps "A" and "B" and the
attached legal descriptions Exhibits A -1, and B -1, B -2, B -3, B -4, and B -5.
Kent will retain ownership of Kent's existing conduits within the S. 277`h St.
Auburn agrees to cooperate with Kent on Kent's application for a Franchise
3
RES.B Page 101 of 111
Agreement from Auburn for its facilities, including a future water main, along S.
277`h St. from Auburn Way North to approximately 723 feet east of the L St NE
intersection in the City of Auburn.
4. Kent will have jurisdiction over the S. 277`1' Street corridor facilities within its
corporate boundaries.
5. Auburn will have jurisdiction over the S. 277`h Street corridor facilities within its
corporate boundaries.
6. Kent will retain ownership and continue to maintain the pedestrian bridge over the
Green River.
D. MISCELLANEOUS
1. Termination. This agreement shall terminate on the date that Auburn completes
construction of its S 277th Corridor Project.
2. Governing Law. This agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the cities
under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
3. Modification. No waiver, alteration, or modification of any of the provisions of
this agreement shall be binding unless in writing and signed by a duly authorized
representative of each city.
4. Severability. If any one or more sections, subsections or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not affect
the validity of the remaining portions of this agreement and the remainder shall
remain in full force and effect.
4
RES.B Page 102 of 111
5. Entire Agreement. Written provisions and terms of this agreement, together with
any attached exhibits, supersede all prior verbal statements by any representative
of either city, and those statements shall not be construed as forming a part of or
altering in any manner this agreement. This agreement and any attached exhibits
contain the entire agreement between the parties. Should any language in any
exhibit to this agreement conflict with any language contained in this agreement,
the terms of this agreement shall prevail.
THE CITY OF KENT THE CITY OF AUBURN
SUZETTE COOK, MAYOR NANCY BACKUS, MAYOR
APPROVED BY KENT CITY COUNCIL MOTION ON , 2014.
APPROVED BY AUBURN CITY COUNCIL MOTION ON , 2014
ATTEST: ATTEST:
(SEAL) (SEAL)
RONALD MOORE DANIELLE E. DASKAM
KENT CITY CLERK AUBURN CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
ARTHUR FITZPATRICK
KENT CITY ATTORNEY
5
D IEL B. HEID
AUBURN CITY ATTORNEY
RES.B Page 103 of 111
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EXHIBIT A -1
AUBURN WAY NORTH AND S. 277TH STREET DESCRIPTION
(AREA CURRENTLY UNDER KENT JURISDICTION IN THE VICINITY OF 86TH AVENUE
SOUTH TO BE DE- ANNEXED FROM KENT AND ANNEXED TO THE CITY AUBURN)
THOSE PORTIONS OF THE R.H. BEATTY DONATION LAND CLAIMS, NUMBERS 37
AND 44, WITHIN SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AND
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
EXHIBIT A LEGAL DESCRIPTION CONTAINED IN CORRECTION QUIT CLAIM DEED
RECORDED DECEMBER 31, 2012 UNDER RECORDING NUMBER 20121231000964,
RECORDS OF KING COUNTY, WASHINGTON.
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EXHIBIT B -1
AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION
(PORTION OF LANDS CURRENTLY UNDER AUBURN JURISDICTION, DEEDED TO KENT BY BRISTOL
PROPERTY, LLC, IN 1996 AND TO BE DE- ANNEXED FROM AUBURN AND ANNEXED INTO KENT)
THAT PORTION THE LANDS DESCRIBED IN DEED, RECORDED UNDER
RECORDING NUMBER 199612181122, LOCATED IN SECTION 31, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER
38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY
D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING
D.L.C. NUMBER 40;
THENCE ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 SOUTH
89 °00'01" EAST A DISTANCE OF 638.43 FEET TO THE NORTHWEST CORNER OF
THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER
199612181122;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID G.E. KING D.L.C.
NUMBER 40 AND THE NORTH LINE OF SAID LANDS SOUTH 89 °00'01" EAST A
DISTANCE OF 987.47 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE SOUTH 03 °54'10" EAST A DISTANCE OF
20.07 FEET TO THE SOUTH LINE OF SAID LANDS DESCRIBED IN DEED
RECORDED UNDER RECORDING NUMBER 199612181122, ALSO BEING THE
NORTH LINE OF TRAIL RUN DIVISION 1 AS RECORDED IN VOLUME 244 OF PLATS
AT PAGES 7 THROUGH 15, INCLUSIVE, UNDER RECORDING NUMBER
20071204000971, RECORDS OF KING COUNTY, WASHINGTON;
THENCE ALONG SAID SOUTH LINE AND THE NORTH LINE OF TRAIL RUN
DIVISION 1 SOUTH 89 °00'01" EAST A DISTANCE OF 167.25 FEET;
THENCE CONTINUING ALONG SAID SOUTH LINE AND THE NORTH LINE OF TRAIL
RUN DIVISION 1 SOUTH 79 °09'27" EAST A DISTANCE OF 580.87 FEET TO THE
SOUTHEAST CORNER OF SAID LANDS;
THENCE ALONG THE EASTERLY LINE OF SAID LANDS NORTH 34 °20'21" WEST A
DISTANCE OF 60.80 FEET;
THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID LANDS NORTH
46 °27'05" WEST A DISTANCE OF 103.07 FEET TO THE NORTHEAST CORNER OF
SAID LANDS AND THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40;
THENCE ALONG LAST SAID NORTH LINE NORTH 89 °00'01" WEST A DISTANCE OF
630.19 FEET TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN
RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81
THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER
20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE
BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS
NORTH 89 °00'01" WEST.
O \SURVEY\ PROJECTS\ C222A- 277thStreet (EastofAWN)\Annexation \Proposed KC -Kent Annex Desc Feb 2013 -14 \Exhibit B -1.doc 08/06/2014
1
RES.B Page 107 of 111
EXHIBIT B -2
AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION
(PORTION OF LANDS CURRENTLY UNDER AUBURN JURISDICTION, DEEDED TO KENT BY
BRISTOL PROPERTY, LLC, IN 1996 AND TO BE DE- ANNEXED FROM KENT AND ANNEXED
INTO CITY OF AUBURN)
THAT PORTION THE LANDS DESCRIBED IN DEED RECORDED UNDER
RECORDING NUMBER 199612181122, LOCATED IN SECTION 31, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER
38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY
D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING
D.L.C. NUMBER 40;
THENCE ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 SOUTH
89 °00'01" EAST A DISTANCE OF 638.43 FEET TO THE NORTHWEST CORNER OF
THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER
199612181122 AND THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID G.E. KING D.L.C.
NUMBER 40 AND THE NORTH LINE OF SAID LANDS SOUTH 89 °00'01" EAST A
DISTANCE OF 987.47 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 03 °54'10" EAST A DISTANCE OF
20.07 FEET TO THE SOUTH LINE OF SAID LANDS DESCRIBED IN DEED
RECORDED UNDER RECORDING NUMBER 199612181122;
THENCE ALONG SAID SOUTH LINE NORTH 89 °00'01" WEST A DISTANCE OF
989.47 FEET TO THE SOUTHWEST CORNER OF SAID LANDS;
THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01 °48'01" EAST A
DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN
RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81
THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER
20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE
BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS
NORTH 89 °00'01" WEST.
O.\SURVEY\ PROJECTS \C222A- 277thStreet(EastofAW N)\Annexation \Proposed KC -Kent Annex Desc Feb 2013 -14 \EXHIBIT B -2.doc 08/06/2014
RES.B
1
Page 108 of 111
EXHIBIT B -3
AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION
(AREA CURRENTLY UNDER KENT JURISDICTION TO BE ANNEXED BY AUBURN)
THAT PORTION THE LANDS DESCRIBED IN DEED RECORDED UNDER
RECORDING NUMBER 20020913001230, LOCATED IN SECTION 31, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER 38,
WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY D.L.C.
NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING D.L.C.
NUMBER 40;
THENCE ALONG THE EAST LINE OF SAID BEATTY D.L.C. NORTH 00 °34'52" EAST
A DISTANCE OF 98.00 FEET TO THE NORTHWEST CORNER OF SAID LANDS;
THENCE ALONG THE NORTHERLY LINE OF SAID LANDS SOUTH 89 °40'13" EAST A
DISTANCE OF 817.74 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 86 °05'23" EAST A
DISTANCE OF 268.24 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 86 °15'26" EAST A
DISTANCE OF 411.40 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 02 °32'06" EAST A DISTANCE
OF 143.99 FEET TO THE EXISTING TOP BACK OF CONCRETE CURB;
THENCE ALONG SAID EXSITING TOP BACK OF CONCRETE CURB NORTH
88 °00'53" EAST A DISTANCE OF 39.49 FEET;
THENCE ALONG SAID EXSITING TOP BACK OF CONCRETE CURB NORTH
85 °52'22" EAST A DISTANCE OF 81.11 FEET;
THENCE LEAVING SAID CURB SOUTH 03 °54'10" EAST A DISTANCE OF 30.24 FEET
TO THE SOUTH LINE OF SAID LANDS DESCRIBED IN DEED RECORDED UNDER
RECORDING NUMBER 20020913001230, ALSO BEING THE NORTH LINE OF SAID
G.E. KING D.L.C. NUMBER 40;
THENCE ALONG SAID SOUTH LINE NORTH 89 °00'01" WEST A DISTANCE OF
1625.90 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN
RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81
THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER
20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE
BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS
NORTH 89 °00'01" WEST.
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RES.B Page 109 of 111
EXHIBIT B -4
AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION
(AREA CURRENTLY UNDER KENT JURISDICTION TO REMAIN IN KENT)
THAT PORTION THE LANDS DESCRIBED IN DEED RECORDED UNDER
RECORDING NUMBER 20020913001230, LOCATED IN SECTION 31, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER
38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY
D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING
D.L.C. NUMBER 40;
THENCE ALONG THE EAST LINE OF SAID BEATTY D.L.C. NORTH 00 °34'52" EAST
A DISTANCE OF 98.00 FEET TO THE NORTHWEST CORNER OF SAID LANDS
DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER
20020913001230;
THENCE ALONG THE NORTHERLY LINE OF SAID LANDS SOUTH 89 °40'13" EAST A
DISTANCE OF 817.74 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 86 °05'23" EAST A
DISTANCE OF 268.24 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 86 °15'26" EAST A
DISTANCE OF 411.40 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 02 °32'06" EAST A DISTANCE
OF 143.99 FEET TO THE EXISTING TOP BACK OF CONCRETE CURB;
THENCE ALONG SAID EXSITING TOP BACK OF CONCRETE CURB NORTH
88 °00'53" EAST A DISTANCE OF 39.49 FEET;
THENCE ALONG SAID EXSITING TOP BACK OF CONCRETE CURB NORTH
85 °52'22" EAST A DISTANCE OF 81.11 FEET;
THENCE LEAVING SAID CURB SOUTH 03 °54'10" EAST A DISTANCE OF 30.24 FEET
TO THE SOUTH LINE OF SAID LANDS DESCRIBED IN DEED RECORDED UNDER
RECORDING NUMBER 20020913001230 ALSO BEING THE NORTH LINE OF SAID
G.E. KING D.L.C. NUMBER 40;
THENCE ALONG SAID SOUTH LINE SOUTH 89 °00'01" EAST A DISTANCE OF
630.19 FEET TO THE SOUTHEAST CORNER OF SAID LANDS, ALSO BEING ON
THE SOUTHWESTERLY PROPERTY LINE OF THE LANDS CONVEYED TO KING
COUNTY AND SHOWN IN SURVEY RECORDED UNDER KING COUNTY
RECORDING NUMBER 8003079002;
THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 46° 27'34" WEST A
DISTANCE OF 345.15 FEET TO THE NORTHEAST CORNER OF SAID LANDS;
THENCE ALONG THE NORTHERLY LINE OF SAID LANDS SOUTH 80 °41'11" WEST
A DISTANCE OF 274.29 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 86 °15'26" WEST A
DISTANCE OF 238.53 FEET TO THE POINT OF BEGINNING.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN
RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81
THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER
20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE
BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS
NORTH 89 °00'01" WEST.
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RES.B Page 110 of 111
EXHIBIT B -5
AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION
(PORTION OF LANDS CURRENTLY UNDER AUBURN JURISDICTION, LYING EAST OF THE LANDS
DEEDED TO KENT BY BRISTOL PROPERTY, LLC, IN 1996, TO BE DE- ANNEXED FROM AUBURN AND
ANNEXED INTO CITY OF KENT)
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON LOCATED
EASTERLY OF THE LANDS DESCRIBED IN DEED RECORDED UNDER
RECORDING NUMBER 199612181122, SAID PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER
38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY
D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING
D.L.C. NUMBER40;
THENCE ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 SOUTH
89 °00'01" EAST A DISTANCE OF 638.43 FEET TO THE NORTHWEST CORNER OF
SAID LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER
199612181122;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID G.E. KING D.L.C.
NUMBER 40 AND THE NORTH LINE OF SAID LANDS SOUTH 89 °00'01" EAST A
DISTANCE OF 1617.66 FEET TO THE NORTHEAST CORNER OF SAID LANDS AND
THE POINT OF BEGINNING;
THENCE ALONG THE EASTERLY LINE OF SAID LANDS SOUTH 46 °27'05" EAST A
DISTANCE OF 103.07 FEET;
THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID LANDS SOUTH
34 °20'21" EAST A DISTANCE OF 60.80 FEET TO THE SOUTHEAST CORNER OF
SAID LANDS;
THENCE SOUTH 34 °20'21" EAST A DISTANCE OF 83.61 FEET TO THE
SOUTHWESTERLY PROLONGATION OF THE SOUTH LINE OF THE DNR AQUATIC
LEASE AREA FOR EXISITING PEDESTRIAN BRIDGE AS SHOWN ON RECORD OF
SURVEY FILED IN VOLUME 121 OF SURVEYS AT PAGE 157, UNDER RECORDING
NUMBER 199804299002, RECORDS OF KING COUNTY, WASHINGTON;
THENCE ALONG SAID SOUTHWESTERLY PROLONGATION NORTH 70 °40'48"
EAST A DISTANCE OF 230 FEET, MORE OR LESS, TO THE EASTERLY LINE OF
CITY OF AUBURN ANNEXATION ORDINANCE 2511 APPROVED DECEMBER 21,
1970 AND THE THREAD OF THE GREEN RIVER;
THENCE NORTHERLY ALONG LAST SAID EASTERLY LINE AND THE THREAD OF
THE GREEN RIVER TO THE EASTERLY EXTENSION OF SAID NORTH LINE OF THE
G.E. KING D.L.C. NUMBER 40 AND THE NORTHEAST CORNER OF SAID
ANNEXATION ORDINANCE 2511;
THENCE ALONG SAID EASTERLY EXTENSION, ALONG SAID NORTH LINE OF THE
G.E. KING D.L.C. NUMBER 40 AND ALONG THE NORTH LINE OF SAID
ANNEXATION ORDINACE 2511 TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN
RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81
THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER
20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE
BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS
NORTH 89 °00'01" WEST.
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