HomeMy WebLinkAbout11-03-2014 CITY COUNCIL AGENDA,A BURN
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CALL TO ORDER
A. Flag Salute
City Council Meeting
November 3, 2014 - 7:30 PM
Auburn City Hall
AGENDA
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hours after the meeti na has concl uded.
B. Roll Call
C. Announcements, Appointments, and Presentations
1. Award Presentation to Chaplain Alicia Tomlan
2. Boards and Commissions Appointments
City Council to confirm the reappointment of Mary Riel and Angelina
Zalutskiy to the Auburn Junior City Council for two -year terms expiring
August 31, 2015.
(RECOMMENDED ACTION: City Council confirm the reappointments
to the Junior City Council.)
3. Boards and Commissions Appointments
City Council to confirm the appointment of Brandon Berend to the Auburn
Junior City Council for a two -year term to expire August 31, 2015.
(RECOMMENDED ACTION: City Council confirm the appointment to
the Junior City Council.)
D. Agenda Modifications
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing is scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
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A. Municipal Services
1. October 27, 2014 Minutes* (Peloza)
B. Planning & Community Development
1. The next regular meeting of the Planning & Community Development
Committee is scheduled for November 10, 2014 (Holman)
C. Public Works
1. October 20, 2014 Minutes* (Osborne)
D. Finance
1. October 20, 2014 Minutes* (Wales)
E. Les Gove Community Campus
1. The next regular meeting of the Les Gove Community Campus Committee
is scheduled for November 26, 2014 (Wagner)
F. Council Operations Committee
1. The next regular meeting of the Council Operations Committee is
scheduled for November 17, 2014 (Wagner)
G. Junior City Council
1. The next regular meeting of the Junior City Council is scheduled for
November 17, 2014 (Wagner)
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 October 20, 2014 Regular Meeting*
B. Minutes of the October 13. 2014 Special Citv Council Meetina*
C. Minutes of the October 20, 2014 Special City Council Meeting*
D. Claims Vouchers (Wales /Coleman)
Claims voucher numbers 430974 through 431137 in the amount of
$1,534,685.34 and four wire transfers in the amount of $58,965.29 and dated
November 3, 2014.
E. Payroll Vouchers (Wales /Coleman)
Payroll check numbers 53506 through 535090 in the amount of $271,614.07 and
electronic deposit transmissions in the amount of $1,287,962.99 for a grand total
of $1,559,577.06 for the period covering October 16, 2014 to October 29, 2014.
F. Public Works Project No. CP0915* (Osborne /Snyder)
City Council grant permission to advertise for bids for Project No. CP0915 Well 1
On -site Improvements
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G. Public Works Project No. C512A* (Osborne /Snyder)
City Council reject all bids to Contract No. 13 -12 for Project No. C512A, Well 4
Emergency Power Improvements and grant permission to re- advertise for bids
H. Public Works Project No. CP1409* (Osborne /Snyder)
City Council award Small Works Contract No. 14 -20, to Scotty's General
Construction, Inc. on their low bid of $86,590.00 for Project No. CP1409,
Oravetz PI SE Flooding Mitigation
(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
A. Ordinance No. 6519* (Wagner /Held)
An Ordinance of the City Council the City of Auburn, Washington, creating a new
Chapter 2.92 of the Auburn City Code, providing for a Code of Ethics
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6519.)
B. Ordinance No. 6532* (Wagner /Held)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 2.03.100, 2.07.080, 2.12.010, 3.04.270, 3.04.280, 3.10.028, 5.20.050,
5.20.070, 8.24.040, 10.41.010, 10.64.020, 10.64.090, 10.64.120, 12.04.010,
12.04.050, 12.32.020, 12.60.040, 12.60.050, 12.60.070, 14.18.030, 14.18.050,
14.18.060, 14.22.040, 14.22.080, 14.22.090, 16.08.020, 17.02.090, 18.08.090,
18.29.070, 18.68.020, 18.76.080, 20.04.030, 20.06.030, and 20.08.030 of the
City Code, amending Chapter 2.06 of the City Code and repealing Section
12.20.050 of the City Code relating to the change of format of the City Council
from Council Committees to Study Sessions
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6532.)
C. Ordinance No. 6536* (Wagner /Held)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 2.03.030 of the Auburn City Code relating to the surplusing of personal
property of the City
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6536.)
D. Ordinance No. 6537* (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 17.09.010 of the Auburn City Code related to short plat thresholds
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6537.)
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VIII. RESOLUTIONS
A. Resolution No. 5105* (Wagner /Held)
A Resolution of the City Council of the City of Auburn, Washington, amending
the City Council Rules of Procedure as adopted by Ordinance No. 5802 and
amended by Resolution Nos. 4282, 4429, 4467, 4615, 4686, 4740, 4813 and
4909
(RECOMMENDED ACTION: City Council adopt Resolution No. 5105.)
B. Resolution No. 5109* (Osborne /Snyder)
A Resolution of the City Council of the City of Auburn, Washington, declaring
and confirming the determination of emergency for damage to 8th Street NE
between Harvey Road and Henry Road caused by a vehicle- hydrant collision on
October 22, 2014 and ratifying and confirming prior acts
(RECOMMENDED ACTION: City Council adopt Resolution No. 5109.)
IX. REPORTS
At this time the Mayor and City Council may report on significant items associated
with their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
X. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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Agenda Subject:
October 27, 2014 Minutes
AGENDA BILL APPROVAL FORM
Department: Attachments:
Police c i7, 2014M inutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza
Meeting Date: November 3, 2014
Date:
October 29, 2014
Budget Impact:
$0
Staff:
Item Number: MS.1
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CALL TO ORDER
Municipal Services Committee
October 27, 2014 - 3:30 PM
City Hall Conference Room 3
MINUTES
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
Member present: Chair Bill Peloza, Vice Chair Wayne Osborne and
Member Claude DaCorsi.
Staff present were: Mayor Nancy Backus, Chief of Police Bob Lee;
Assistant Chief of Police Bill Pierson; City Attorney Dan Heid; IT
Director Ron Tiedeman; Assistant Director of Engineering /City
Engineer Ingrid Gaub; Assistant Finance Director Paula Barry;
Transportation Manager Pablo Para; and Police Secretary Sue Van
Slyke.
Others present: Robert Whale of the Auburn Reporter.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. October 13, 2014 Minutes
Vice Chair Osborne moved and Member DaCorsi seconded to
approved the October 13, 2014 Municipal Services Committee
meeting minutes as written.
Motion carried unanimously. 3 -0
III. ACTION
A. Resolution No. 5106 (Tiedeman)
Chair Bill Peloza introduced IT Director Ron Tiedeman who briefed
the Committee on Resolution No. 5106 which will establish a
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contract with Gatso USA for photo enforcement throughout the City
of Auburn. IT was directed publish an RFP for services similar to
RedFlex, which is currently on contract with the City for photo
enforcement. Gatso USA is the preferred provider due to their
advanced technology in providing license plate data, mobility of fully
enclosed portable units and willingness to accommodate the needs
of the City.
Director Tiedeman stated that Resolution No. 5106 has been
reviewed by the Public Works and Finance Committees. Committee
discussion followed. Vice Chair Osborne requested clarity on the
number of camera locations. It was explained that a committee will
be established to determine the location of
cameras, utilizing existing poles and adding new locations around
our schools. Chair Peloza inquired if other cities and police
departments had been contacted during the bid process to gain
insight as to whether the Gatso system has been beneficial.
Assistant Chief of Police Bill Pierson expressed that he had
contacted two police departments and was told they were satisfied
with the results. Director Tiedeman contacted cities in Oregon and
Iowa with the same positive response. Attorney Heid said that if this
contract is accepted, the City of Auburn would be the first in
Washington to take advantage of this technology.
After a thorough review of the contract, the Committee suggested
minor changes for clarity purposes. City Attorney Dan Heid will make
corrections.
Member DaCorsi moved and Vice Chair Osborne seconded to move
Resolution No. 5106 to full council for consideration. Chair Peloza
concurred. Motion passed: 3 -0
IV. DISCUSSION ITEMS
A. Project Matrix
There were no changes to the Project Matrix.
V. ADJOURNMENT
There being no further business to come before the Committee, the
meeting was adjourned at 4:51 p.m.
APPROVED this day of , 2014
Bill Peloza, Chair Sue Van Slyke, Police Secretary
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Agenda Subject:
October 20, 2014 Minutes
AGENDA BILL APPROVAL FORM
Department: Attachments:
Public Works Draft M nutes
Administrative Recommendation:
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Councilmember: Osborne
Meeting Date: November 3, 2014
Staff:
Date:
October 28, 2014
Budget Impact:
$0
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CALL TO ORDER
Public Works Committee
October 20, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
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,
Utility Engineering Manager Lisa Tobin, Transportation Manager
Pablo Para, Water Utility Engineer Susan Fenhaus, Planning &
Design Services Manager Elizabeth Chamberlain, Financial
Planning Manager Bob Brooks, Water Manager Allen Hunter and
Public Works Secretary Molly Mendez.
B. Announcements
Announcements
Public comment will be accepted on Discussion Item E.
C. Agenda Modifications
There was one agenda modification, removing Action Item A, Public
Works Project No. C512A, from the agenda.
CONSENT AGENDA
A. Approval of Minutes
Public Works Committee to approve the minutes of the October 6,
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, October 6, 2014.
Motion carried 3 -0.
III. ACTION
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A. Public Works Project No. C512A (Wickstrom)
Award Contract No. 13 -12, to Gary Harper Construction, Inc. on
their Low Bid of $870,696.00 plus Washington State Sales Tax of
$82,716.12 for a Total Contract Price of $953,412.12 for Project No.
C512A, Well 4 Emergency Power Improvements
Action Item A was removed from the agenda.
B. Resolution No. 5108 (Tobin)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Public Works Committee to Appoint the City of
Auburn Representatives to the King County Metropolitan Water
Pollution Abatement Advisory Committee
Utility Engineering Manager Tobin provided a brief background
summary of Resolution No. 5108 and reviewed the draft letter
identifying the City's representative and alternates. There were no
questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee adopt Resolution No. 5108.
Motion carried 3 -0.
IV. DISCUSSION ITEMS
A. Ordinance No. 6534 (Chamberlain)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 18.29.060 of the Auburn City Code related to floor
area ratio in the Downtown Urban Center Zone.
For the purpose of these minutes, this item was discussed after
Discussion Item C.
Planning & Design Services Manager Chamberlain provided a brief
background summary of Ordinance No. 6534. Chamberlain stated
Ordinance No. 6534 already went before the Planning Commission
which held a public hearing on October 7, 2014. There was no
public testimony. The Planning Commission recommended approval
of the code change. Ordinance No. 6534 also went to the Planning
and Community Development Committee on October 13, 2014 and
the Committee concurred with Planning Commission's
recommendation.
Planning & Design Services Manager Chamberlain responded to a
question asked by Chairman Osborne regarding the building height
limit of 75 feet and that this could be reviewed in the City's
Comprehensive Planning effort.
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In response to a question asked by Chairman Osborne, Planning &
Design Services Manager Chamberlain provided definition of "life of
the project" as mentioned on page 29 of the packet.
B. Ordinance No. 6537 (Chamberlain)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 17.09.010 of the Auburn City Code related to
short plat thresholds.
Planning & Design Services Manager Chamberlain provided a brief
background summary of Ordinance No. 6537. There were no
questions from the Committee.
C. System Development Charges (Tobin /Fenhaus)
For the purpose of these minutes, this item was discussed before
Discussion Item A.
Utility Engineering Manager Tobin invited Financial Planning
Manager Brooks and Water Utility Engineer Fenhaus to join her at
the table as this has been a collaborative effort.
Using a slideshow presentation, Utilities Engineering Manager Tobin
briefed the Committee on the System Development Charges.
This was followed by a group discussion.
The Committee reached consensus on Option 1 — Full Water and
Sewer SDC increase to be effective in January 2015, with annual
updates to the Water, Sewer, and Storm SDCs in subsequent years
based on the Construction Cost Index (CCI), but not to be an annual
change less than zero.
Staff will provide a similar briefing for the full council before the
proposed fee schedule is brought to the council for action.
D. Cross Connection Control Program (Fenhaus)
For the purpose of these minutes, this item was discussed after
Discussion Item B.
Water Utility Engineer Fenhaus provided informational materials
which explained the Cross Connection Control Program. Fenhaus
briefly reviewed the presentation materials with the Committee.
Water Utility Engineer Fenhaus introduced Allen Hunter, the Water
Manager at Maintenance and Operations, to the Committee. Water
Utility Engineer Fenhaus mentioned that Water Manager Hunter has
extensive knowledge with cross connection as he used to be the
Cross Connection Specialist.
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E
F
Water Manager Hunter further explained that Washington
Administrative Code requires Public Water Systems to address
"Table 9 Facilities" which are facilities that could pose a health
concern because of the risk of death, spread of disease or illness.
The Department of Health has mandated water systems to
concentrate on medical facilities. The City program has identified 65
facilities within that category, and to date, 55 of them have the
required premise isolation with the approved backflow device. The
staff continue to work with the remaining 10. The Washington
Administrative Code also requires Public Water Systems to track
backflow assemblies used to protect the water system. The City
currently tracks 2600 assemblies, all of which require annual testing
by the owner.
Following a question asked by Member DaCorsi, Water Utility
Engineer Fenhaus explained the City process for existing facilities.
Water Use Efficiency Program (Fenhaus)
Water Utility Engineer Fenhaus indicated this is Chapter 8 of the
Water System Comprehensive Plan. Fenhaus noted that a
requirement for putting together a Water Use Efficiency Program is
to hold a public meeting where public comments are accepted.
There were no public comments received.
Water Utility Engineer Fenhaus pointed out some highlights as seen
in the memorandum on page 48 of the packet.
There was a group discussion regarding Distribution System
Leakage following a question asked by Chairman Osborne.
Water Utility Engineer Fenhaus will investigate the numbers in the
chart on page 70 of the packet, specifically the "Schools" column as
pointed out by Vice -Chair Peloza.
Water Utility Engineer Fenhaus responded to a question asked by
Chairman Osborne regarding the average consumption per account
(single family) on the chart on page 72 of the packet.
Capital Project Status Report (Sweeting)
Item 6 — CP1024 — AWS and M Street SE Intersection
Improvements:
Assistant City Engineer Sweeting provided the Committee with a
project status update in response to a question asked by Member
DaCorsi.
Item 10 — CP1308 — BNSF Utility Crossings Project:
Chairman Osborne requested staff keep the Committee updated on
this project as this contractor has not been used by the City bRL9e 4 of 5
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Assistant City Engineer Sweeting indicated staff will keep the
Committee informed.
Item 28 — CP1406 — West Main Street Traffic Signal Upgrades:
Assistant City Engineer Sweeting replied to a question asked by
Vice -Chair Peloza regarding the completion date of this project.
G. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
There were no questions from the Committee.
H. Action Tracking Matrix (Gaub)
Assistant Director of Engineering /City Engineer Gaub reviewed the
previous discussion on the 105th Place SE at 107th with committee;
staff indicated they would investigate the site to see whether
additional signage could be installed in the interim until the repair
work could be done next year. Staff is completing this investigation.
Assistant City Engineer Sweeting noted this section of the road is
scheduled with the capital projects to go out early next year.
Sweeting advised the Committee that this is Item 17 on the Capital
Project Status Report.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 5 :03 p.m.
Approved this 3rd day of November, 2014.
Wayne Osborne Molly Mendez
Chairman Public Works Department Secretary
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Agenda Subject:
October 20, 2014 Minutes
AGENDA BILL APPROVAL FORM
Department: Attachments:
Finance Finance Commiftee M inutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember: Wales
Meeting Date: November 3, 2014
Date:
October 28, 2014
Budget Impact:
$0
Staff:
Item Number: FN.1
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A CITY 01:
.,
CALL TO ORDER
Finance Committee
October 20, 2014 - 5:00 PM
Annex Conference Room 1
MINUTES
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,
Assistant Finance Director Paula Barry, Assistant Chief of Police Bill
Pierson, Innovation and Technology Director Ron Tiedeman, City
Attorney Dan Heid, Utilities Engineering Manager Lisa Tobin,
Transportation Manager Pablo Para 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. Minutes of the October 6, 2014 Regular Meeting
Vice Chair Holman moved and Member Trout seconded to approve the
October 6, 2014 minutes.
MOTION CARRIED UNANIMOUSLY. 3 -0
B. Claims Vouchers (Coleman)
Claims voucher numbers 430757 through 430973 in the amount of
$5,228,167.22 and two wire transfers in the amount of $80,236.00 and
dated October 20, 2014.
Vice Chair Holman moved and Member Trout seconded to approve the
claims and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3 -0
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C. Payroll Vouchers (Coleman)
Payroll check numbers 535022 through 535055 in the amount of
$839,353.14, electronic deposit transmissions in the amount of
$1,274,085.48 for a grand total of $2,113,438.62 for the period covering
October 2, 2014 to October 15, 2014.
See claims vouchers above for approval.
III. DISCUSSION ITEMS
A. Resolution No. 5106 (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 GATSO USA, Inc., for photo red light and speed
enforcement programs
Director Tiedeman presented Resolution No. 5106. The proposed
vendor will identify intersections to place the red light cameras. If the
revenue from a particular location is not sufficient the vendor will move
the camera to a different location. The proposed agreement is revenue
neutral for the City.
Chair Wales asked if the proposed vendor could use the existing
infrastructure. Director Tiedeman explained if they use the same
intersections they could. The proposed vendor's equipment is not hard
wired so the equipment can be moved to different locations.
Vice Chair Holman stated the purpose of red light cameras is traffic
enforcement. There is no evidence of a reduction in traffic accidents.
Transportation Manager Para explained the purpose of the red light
camera is to reduce the number of cars that run the red lights.
Member Trout expressed a concern regarding citizens receiving tickets
in error. Assistant Chief Pierson explained a live traffic officer reviews
all footage and issues all tickets.
B. Resolution No. 5108 (Tobin)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Public Works Committee to appoint the City of Auburn
representatives to the King County Metropolitan Water Pollution
Abatement Advisory Committee
Utilities Engineering Manager Tobin presented Resolution No. 5108.
She explained that at her previous employer she had been a
designated representative of the King County Metropolitan Water
Pollution Abatement Advisory Committee (MWPAAC), which allowed
her to serve as the Chair of the Engineering and Planning
Subcommittee of MWPAAC. She would like to continue to serve as
Chair of the Subcommittee representing the City of Auburn, which
requires that she be appointed as a City of Auburn representative to
MWPAAC.
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IV. ADJOURNMENT
There being no further business to come before the Committee, the meeting
adjourned at 5:23 p.m.
APPROVED this 3rd day of November, 2014.
LARGO WALES, CHAIR
Shawn Campbell, Deputy City Clerk
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 20, 2014 Regular Meeting
Department: Attachments:
Administration Minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: November 3, 2014
Staff:
Date:
October 28, 2014
Budget Impact:
$0
1 - . .
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Now,
CALL TO ORDER
IV
City Council Meeting
October 20, 2014 - 7:30 PM
Auburn City Hall
MINUTES
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.
Roll Call
City Councilmembers present: Bill Peloza, Largo Wales, Wayne Osborne,
John Holman, Claude DaCorsi, and Yolanda Trout.
Deputy Mayor Rich Wagner was excused.
Department Directors and staff members present included: Community
Development and Public Works Director Kevin Snyder, City Attorney Daniel B.
Heid, Assistant Finance Director Paula Barry, Customer Care Manager
Brenda Goodson - Moore, Parks, Arts and Recreation Director Daryl
Faber, Director of Administration Michael Hursh, Public Affairs and Marketing
Liaison Dana Hinman, Police Commander Mark Caillier, and Deputy City Clerk
Shawn Campbell.
C. Announcements, Appointments, and Presentations
Domestic Violence Awareness & Prevention Month
Mayor Backus to proclaim the month of October as "Domestic Violence
Awareness & Prevention Month" in the City of Auburn
Mayor Backus read a proclamation declaring the month of October 2014
as Domestic Violence Awareness and Prevention Month. City of Auburn
Domestic Violence Victim Advocate Shelley David, Valley Cities
Counselor Kim Hicks and Janet Chance accepted the proclamation.
Ms. David thanked the Council for making it an additional crime for
children to witness or hear domestic violence. Ms. Hicks informed
Council she works with abusers and with treatment she has seen change.
Ms. Chance invited all Councilmembers to attend a Domestic Violence
impact panel.
2. 2014 Tree Steward
Mayor Backus to declare the U.S. General Services Administration,
Region 10, the City's "2014 Tree Steward" for preserving and caring for
the Weeping Willow Tree located at 400 -15th St SW and hereby
declaring it a "Significant Tree"
Mayor Backus read a proclamation proclaiming U.S. General Services
Administration, Region 10, the City's "2014 Tree Steward" for preserving
and caring for the Weeping Willow Tree located at 400 -15th St SW and
declaring it a "Significant Tree ". Director Faber requested citizens
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nominate trees in the City to the Tree Board as Significant Trees for future
designation.
D. Agenda Modifications
Item G, Public Works Project No. C512A was removed from the consent
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.
Elam Anderson, 301 23rd Street SE, Auburn
Mr. Anderson stated the City has posted his property with a Stop Work order.
He expressed his frustration with the permitting process in the City of Auburn.
C. Correspondence
There was no correspondence for City Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met on October 13,
2014. The Committee discussed the animal control program and received a
briefing on the crime activity mapping program. The next regular meeting of
the Municipal Services Committee is scheduled for Monday, October 27, 2014.
B. Planning & Community Development
Chair Holman reported the Planning and Community Development Committee
met October 13, 2014. The Committee discussed the use of recreational
vehicles as supplemental housing and an ordinance regarding floor area ratio.
The Committee also reviewed the directors report. The next regular meeting of
the Planning and Community Development Committee is scheduled for
October 27, 2014.
C. Public Works
Chair Osborne reported the Public Works Committee met this afternoon at
3:30. The Committee forwarded to full Council for consideration
Resolution No. 5108 regarding the Public Works Committee appointing an
additional representative to the King County Metropolitan Water Pollution
Abatement Advisory Committee. The Committee also
discussed Ordinance No. 6534 regarding floor area ratio in the Downtown
Urban Core and Ordinance No. 6537 regarding changes to short plat
requirements. The Committee received a briefing on the Utility System
Development Charges, the Cross Connection Control Program, Water
Comprehensive Plan, the capital project status report, significant infrastructure
projects by others, and the Committee's action tracking matrix. The next
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regular meeting of the Public Works Committee is scheduled for November 3,
2014.
D. Finance
Chair Wales reported the Finance Committee met this evening at 5:00. The
Committee reviewed claims vouchers in the amount of $5.3 million and payroll
vouchers in the amount of $2.1 million. The Committee discussed Resolution
No. 5106 regarding photo enforcement and Resolution No. 5108 regarding the
Public Works Committee appointing an additional representative to the King
County Metropolitan Water Pollution Abatement Advisory Committee. The next
regular meeting of the Finance Committee is scheduled for November 3, 2014.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus is scheduled
for November 26, 2014.
F. Council Operations Committee
The next regular meeting of the Council Operations Committee is scheduled
for October 27, 2014.
G. Junior City Council
The next regular meeting of the Junior City Council is scheduled for November
17, 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. September 10, 2014 Special City Council Meeting Minutes
B. September 18, 2014 Special City Council Meeting Minutes
C. September 29, 2014 Committee of the Whole Minutes
D. October 6, 2014 Regular Meeting Minutes
E. Claims Vouchers (Wales /Coleman)
Claims voucher numbers 430757 through 430973 in the amount of
$5,228,167.22 and two wire transfers in the amount of $80,236.00 and dated
October 20, 2014.
F. Payroll Vouchers (Wales /Coleman)
Payroll check numbers 535022 through 535055 in the amount of $839,353.14,
electronic deposit transmissions in the amount of $1,274,085.48 for a grand
total of $2,113,438.62 for the period covering October 2, 2014 to October 15,
2014.
G. Wileman Leak Adjustment Appeal (Osborne /Coleman)
City Council to approve a water utility adjustment for a credit of 50% of the
proposed leak adjustment ($482.19) in the amount of $241.10 to account
number 051001 -000.
Councilmember Peloza moved and Councilmember Wales seconded to
approve the Consent Agenda as modified.
Page 3 of 5
CA.A Page 22 of 141
MOTION CARRIED UNANIMOUSLY. 6 -0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
A. Pierce County Regional Council Zoo/Trek Authority Board (Wagner)
City Council to consider the following nominee and cast its vote for Position
One of the Zoo/Trek Authority (ZTA) Board:
Bob Walter from Town of Eatonville
Councilmember Peloza moved and Councilmember Wales seconded
to nominate and cast the City of Auburn's vote for Bob Walter from the Town of
Eatonville for Position One of the Zoo/Trek Authority (ZTA) Board.
MOTION CARRIED UNANIMOUSLY. 6 -0
VII. ORDINANCES
A. Ordinance No. 6534 (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 18.29.060 of the Auburn City Code related to floor area ratio in the
Downtown Urban Center Zone
Councilmember Holman moved and Councilmember Wales seconded
to introduce and adopt Ordinance No. 6534.
Councilmember Holman explained the floor area ratio is in reference to the
width and height of a building.
MOTION CARRIED UNANIMOUSLY. 6 -0
VIII. RESOLUTIONS
A. Resolution No. 5108 (Osborne /Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Public Works Committee to appoint the City of Auburn representatives to
the King County Metropolitan Water Pollution Abatement Advisory Committee
Councilmember Osborne moved and Councilmember Peloza seconded to
adopt Resolution No. 5108.
MOTION CARRIED UNANIMOUSLY. 6 -0
IX. REPORTS
At this time the Mayor and City Council may report on significant items associated
with their appointed positions on federal, state, regional and local organizations.
A. From the Council
Councilmember Osborne reported he attended the Regional Transit
Committee meeting.
Councilmember Peloza reported he attended the King County Solid Waste
Page 4 of 5
CA.A Page 23 of 141
Advisory Committee meeting.
Councilmember Wales reported she attended the King County Public Health
meeting. The City is working with King County and surrounding
jurisdictions trying to maintain the King County Public Health Clinic in Auburn.
Councilmember DaCorsi reported he attended the Association of Washington
Cities Regional meeting.
B. From the Mayor
Mayor Backus reported she attended the Economic Development Council of
Seattle and King County, the International Association of Fire Fighters Local
1352 (IAFF) Fill the Boot fundraiser. The City also hosted the Port of Seattle
and Tacoma joint meeting.
Mayor Backus noted her office is working with the King County Public Health
to try to find a funding solution to keep the King County Public Health Clinic in
the City of Auburn open past the end of 2014. The City is receiving significant
support from surrounding jurisdictions in trying to secure funding for the King
County Public Health Clinic in Auburn. There is a $1.5 million dollar funding
gap. The City will continue to look for both short and long term solutions.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 8:17 p.m.
APPROVED this 3rd day of November, 2014.
NANCY BACKUS, MAYOR
Shawn Campbell, Deputy City Clerk
Page 5 of 5
CA.A Page 24 of 141
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AGENDA BILL APPROVAL FORM
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: November 3, 2014
Staff:
Date:
October 28, 2014
Budget Impact:
$0
CA.B AUBURN * MORE THAN YOU IMAGINED Page 25 of 141
AO��� Special City Council Meeting
October 13, 2014 - 1:00 PM '' B " R Auburn City Hall
�
,VASIII G`1F()N, MINUTES
CALL TO ORDER
Mayor Nancy Backus called the special meeting to order at 1:00 p.m.
Councilmembers in attendance included: Deputy Mayor Wagner, Bill Peloza, Largo
Wales, Wayne Osborne, John Holman and Claude DaCorsi.
Councilmember Yolanda Trout was excused.
Department directors and staff members present included: Police Chief Bob Lee,
City Attorney Dan Heid, Community Development and Public Works Director Kevin
Snyder, Assistant Director of Engineering Services and City Engineer Ingrid Gaub,
Director of Administration Michael Hursh, Innovation and Technology Director Ron
Tiedeman, and Deputy City Clerk Shawn Campbell.
DISCUSSION ITEMS
A. Ordinance No. 6532
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 2.03.100, 2.07.080, 2.12.010, 3.04.270, 3.04.280, 3.10.028,
5.20.050, 5.20.070, 8.24.040, 10.41.010, 10.64.020, 10.64.090, 10.64.120,
12.04.010, 12.04.050, 12.32.020, 12.60.040, 12.60.050, 12.60.070, 14.18.030,
14.18.050, 14.18.060, 14.22.040, 14.22.080, 14.22.090, 16.08.020, 17.02.090,
18.08.090, 18.29.070, 18.68.020, 18.76.080, 20.04.030, 20.06.030, and
20.08.030 of the City Code, amending Chapter 2.06 of the City Code and
repealing section 12.20.050 of the City Code relating to the change of format
of the City Council from Council Committees to Study Sessions
City Attorney Heid presented Ordinance No. 6532. The ordinance makes
changes to City Code regarding meeting format. The change will move the
Council from Standing Committees to Study Sessions.
Council reviewed the ordinance and corrected clerical errors.
B. Resolution No. 5105
A Resolution of the City Council of the City of Auburn, Washington, amending
the City Council Rules of Procedure as adopted by Ordinance No. 5802 and
amended by Resolution Nos. 4282, 4429, 4467, 4615, 4686, 4740, 4813 and
4090
City Attorney Heid presented Resolution No. 5105. The resolution amends
Council Rules and Procedures to accommodate the changes to Study Session
from Council Committees.
Council reviewed the amended Rules and Procedures.
Councilmember Wales inquired about televising the Study Sessions. Mayor
Backus stated the consensus from the Committee of the Whole meeting
Page 1 of 3
CA.B Page 26 of 141
was to televise the meetings in the future. Council discussed the eventuality of
televising the Study Sessions. The consensus was to televise the Study
Sessions from the beginning. City Attorney Heid noted the Council Rules do
not have to state if the Study Sessions will or will not be televised.
Councilmember Osborne requested a super majority be required to suspend
the rules and not have the second reading of an ordinance. Council
consensus was to change to requirement to a super majority to wave the
second reading of an ordinance.
Councilmember Wales stated the Council needed to review the Council reports
section of the Council Rules. Councilmember Peloza stated the rules should
state the report should be on items that are significant. Councilmember
DaCorsi stated the Council should only speak on items that are important to
the citizens of Auburn. Deputy Mayor Wagner requested the words "minimize
the events of a social nature" be added. Councilmember Osborne noted the
Council will need to police itself on this issue. By consensus the Council
agreed to change the time limit to three minutes per Councilmember.
Councilmember Osborne inquired regarding parliamentary procedure and why
a Councilmember could not make a motion to amend an amendment. City
Attorney Heid stated this has been a Council Rule and is not mandatory.
Council consensus was to allow Council to amend amendments.
Councilmember Peloza suggested language be added to the rules to reflect
the Mayor must advise a Councilmember on the status of a request for action
from a citizen that a councilmember forwards to the Mayor's office.
Councilmember Peloza requested the rules require the presiding officer to
recognize people in order of who requested to speak first.
Councilmember Holman stated Roberts Rules of Order state no one may
speak twice until everyone has spoken.
Councilmember Osborne asked when citizens can comment on a topic. Mayor
Backus stated citizens will still have an opportunity to speak at Council
meetings. City Attorney Heid noted the chair of a meeting needs to be in
control of who is speaking at either a Study Session or a Council meeting. The
Council can create a citizen comment period for both meetings if they choose.
Councilmember Holman stated if a citizen comes to a meeting to speak it
should not matter what type of meeting it is if the chair invites them to speak.
C. Ordinance No. 6519
An Ordinance of the City Council the City of Auburn, Washington, creating a
new Chapter 2.92 of the Auburn City Code, providing for a Code of Ethics
City Attorney Heid presented Ordinance No. 6519 regarding the Code of
Ethics.
Mayor Backus noted the current version of the ordinance makes it very clear
on how an ethics violation will be handled.
Councilmember Osborne requested language to ensure neither the
councilmember who filed the complaint or the one the complaint is against
could be on the committee.
Page 2 of 3
CA.B Page 27 of 141
D. Ordinance No. 6536
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 2.03.030 of the Auburn City Code relating to the surplusing of personal
property of the City
City Attorney Heid introduced Ordinance No. 6536 regarding the Mayor having
the authority to identify surplus of non real property without formal action by
Council.
III. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 2:11 p.m.
APPROVED this day of November, 2014.
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
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CA.B Page 28 of 141
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 20, 2014 Special City Council
Meeting
Department:
Administration
Attachments:
10 ®2 ®2014
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: November 3, 2014
Staff:
Date:
October 29, 2014
Budget Impact:
$0
Item Number: CA. C
CA.0 AUBURN * MORE THAN YOU IMAGINED Page 29 of 141
AO��� Special City Council Meeting
October 20, 2014 - 6:30 PM '' B " R Auburn City Hall
�
,VASIII G`1F()N, MINUTES
CALL TO ORDER
City Councilmembers present: Bill Peloza, Largo Wales, Wayne Osborne, John
Holman, Claude DaCorsi, and Yolanda Trout.
Deputy Mayor Rich Wagner was excused.
Department Directors and staff members present included: Community
Development and Public Works Director Kevin Snyder, City Attorney Daniel B.
Heid, Parks, Arts and Recreation Director Daryl Faber, Assistant Director of
Engineering Services and City Engineer Ingrid Gaub, Storm Drainage Engineer Tim
Carlaw, Environmental Services Manager Chris Andersen, Utilities Engineering
Manager Lisa Tobin and Deputy City Clerk Shawn Campbell.
DISCUSSION ITEMS
A. Green River System -Wide Improvement Framework (SWiF) Update from King
County
Storm Drainage Engineer Carlaw introduced Jennifer Knauer from
the King County Flood Control District.
Ms. Knauer presented Council with the Green River System Wide
Improvement Framework (SWiF) process for King County. She reviewed why
the SWIF is important to the City of Auburn, who is involved in the decision
making process, how it might affect the City of Auburn, when the key decisions
will be made and the areas of Auburn that could be affected by flood events
and the proposed protection to each area.The project area is the Green
Duwamish watershed in King County, the primary focus of the project is the
lower Green River.
The SWIF process will be complete in February 2015. Once the project
is complete the Committee will present a list of capital projects needed to meet
the goals that have been established. The committee has developed three
alternatives to protect the social, ecological and community resources along
the Green River based on flooding scenarios for both 100 and 500 year flood
events.
Councilmember Holman asked if a flood wall is erected in study area 12 how
tall it would be the above current height. Ms. Knauer explained it will vary
based on the existing bank height. The homeowners will most likely lose there
view of the river.
Councilmember Osborne stated the City could choose to not make the
recommended changes and leave the property as is. Ms. Knauer stated there
is no way to achieve the SWiF goals if the projects are not completed.
Ms. Knauer explained the advisors intend to create a map including ar�as 1 of 2
CA.0 Page 30 of 141
the City of Auburn Municipal Golf Course as potential property acquisition for
salmon habitat restoration. Under the WRIA recommendation the Golf Course
would be bought out and converted into habitat. Councilmember Osborn stated
if the City does nothing around the Golf Course they would continue to
experience the same level of flooding in the future. Mayor Backus stated the
City is not interested in having the Golf Course converted into habitat.
III. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 7:15 p.m.
APPROVED this day of November, 2014.
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
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CA.0 Page 31 of 141
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Agenda Subject:
Claims Vouchers
AGENDA BILL APPROVAL FORM
Date:
October 28, 2014
Department: Attachments: Budget Impact:
Finance No Attachments Available $0
Administrative Recommendation:
City Council approve claims voucher numbers 430974 through 431137 in the amount
of $1,534,685.34 and four wire transfers in the amount of $58,965.29 and dated
November 3, 2014.
Background Summary:
Claims voucher numbers 430974 through 431137 in the amount of $1,534,685.34
and four wire transfers in the amount of $58,965.29 and dated November 3, 2014.
Reviewed by Council Committees:
Finance
Councilmember: Wales Staff: Coleman
Meeting Date: November 3, 2014 Item Number: CA.D
CAL AUBURN * MORE THAN YOU IMAGINED Page 32 of 141
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Agenda Subject:
Payroll Vouchers
AGENDA BILL APPROVAL FORM
Date:
October 28, 2014
Department: Attachments: Budget Impact:
Finance No Attachments Available $0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 53506 through 535090 in the amount of $271,614.07 and
electronic deposit transmissions in the amount of $1,287,962.99 for a grand total of
$1,559,577.06 for the period covering October 16, 2014 to October 29, 2014.
Reviewed by Council Committees:
Finance
Councilmember: Wales Staff: Coleman
Meeting Date: November 3, 2014 Item Number: CA.E
CA.E AUBURN * MORE THAN YOU IMAGINED Page 33 of 141
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AGENDA BILL APPROVAL FORM
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP0915 Well 1 On-
site Improvements.
Background Summary:
The Well 1 Improvements project will design and construct improvements to the Well
1 site to bring the facility to current City standards for source reliability, water quality,
and system control /monitoring. The Well 1 Improvements project was split into 2
phases:
Phase 1 (Well 1 Transmission Line), which was completed in November 2013,
constructed a water transmission main from the Well 1 facility located at 1106 M
Street SE to the Howard Road Corrosion Control Facility (Howard Road CCTF) and
constructed a replacement storm drainage main on M Street SE.
Phase 2 (Well 1 On -site Improvements), will demolish the existing Well 1 building,
construct a new well house building, and install a new variable speed pump /motor
system, permanent chlorination system, on -site emergency power, and upgrade the
electrical /telemetry controls. Phase 2 will also install flow meters for the Howard Road
CCTF and the Coal Creek Springs Facility, and install a check valve and third variable
frequency drive pump at the Howard Road CCTF. The purpose of Phase 2 is to
restore lost production at the Well 1 site and integrate Well 1 flow with existing
supplied water from the Coal Creek Springs at the Howard Road CCTF.
Phase 2, Well 1 On -site Improvements, is anticipated to begin construction in
December 2014 and be complete by October 2015.
A project budget contingency of $268,423.00 remains in the 430 Fund.
Reviewed by Council Committees:
CA.F AUBURN * MORE THAN YOU IMAGINED Page 34 of 141
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: November 3, 2014 Item Number: CA.F
CA.F AUBURN * MORE THAN YOU IMAGINED Page 35 of 141
BUDGET STATUS SHEET
Project No: CP0915 Project Title: Well 1 On -Site Improvements
Project Manager: Ryan Vondrak
0 Project Update
Initiation Date: 10/05/2009 * Permision to Advertise Date: October 24, 2014
Advertisement Date: 0 Contract Award
Award Date: 0 Change Order Approval
C) Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Funding
Prior Years
(Actual)
2014
2015
Future Years
Total
430 Fund - Water
260,042
1,530,513
0
0
1,790,555
430 Fund - Water (PWTFL)
1,568,047
1,756,953
100,000
0
3,325,000
432 Fund - Storm Utility
633,917
W .,q,u,: °. IV:: p
0
0
633,917
Total
1 2,462,006
1 3,287,466
1 0
1 0
1 5,749,472
Estimated Cost (Funds Needed)
430 Water Budget Status
Prior Years
2014
2015
Future Years
Total
Activity
(Actual)
� ? I
0
0
(5,115,555)
Transmission Line
1,828,089
2,919,043
100,000
0
4,847,132
Design Engineering - City Costs
26,009
W .,q,u,: °. IV:: p
0
0
26,009
Design Engineering - Consultant Costs
202,144
1 0
1 100,000
0
202,144
Construction Contract- Water
1,068,092
1,068,092
Construction Contract - Storm
611,686
611,686
Construction Eng /Pmt/Other - Water
85,358
85,358
Construction Eng /Pmt/Other - Storm
22,231
22,231
2,015,520
0
0
0
2,015,520
Subtotal
On -Site Improvements
Design Engineering - City Costs
72,867
50,000
122,867
Design Engineering - Consultant Costs
373,619
89,236
462,855
Construction Estimate
2,250,000
2,250,000
Project Contingency (15 %)
360,000
360,000
Construction Engineering - City Costs
100,000
100,000
Construction Engineering - Consultant Costs **
169,807
169,807
Subtotal
446,486
2,919,043
100,000
0
3,465,529
Total
2,462,006
2,919,043
100,000
0
5,481,049
430 Water Budget Status
432 Storm Budget Status
Prior Years
(Actual)
2014
2015
Future Years
Total
*430 Funds Budgeted O
I ' ' I �I
� ? I
0
0
(5,115,555)
430 Funds Needed
1,828,089
2,919,043
100,000
0
4,847,132
*430 Fund Project Contingency O
0
W .,q,u,: °. IV:: p
0
0
(268,423)
430 Funds Required
0
1 0
1 100,000
0
0
432 Storm Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \CP0915 -Well 1 On -site Improvements\ Budget \CP0915- BudgetStatusSheet.xls Pa e 1 of 1
CA.F Page 36 of 141
Prior Years
(Actual)
2014
0
0
Total
*432 Funds Budgeted O
�', rl
0
0
0
�', rl
432 Funds Needed
633,917
0
0
0
633,917
*432 Fund Project Contingency ()
0
0
0
0
0
432 Funds Required
0
0
0
0
0
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \CP0915 -Well 1 On -site Improvements\ Budget \CP0915- BudgetStatusSheet.xls Pa e 1 of 1
CA.F Page 36 of 141
!-.
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� Y ,� � �; Project Sites: - - -- ��
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Ai TBU� Project General Vicinity map
c,�cF WASHINGTON October 2014 Page 37 of 141 Scale: NTS N
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AGENDA BILL APPROVAL FORM
Administrative Recommendation:
City Council reject all bids to Contract No. 13 -12 for Project No. C512A, Well 4
Emergency Power Improvements and grant permission to re- advertise for bids.
Background Summary:
The purpose of this project is to provide emergency power, upgrade the chlorination
system, and install security fencing at the City's Well 4 water facility. Providing a
diesel generator for emergency power will ensure that one of the City's primary
sources of water will continue to operate in the event electrical power is
lost. Upgrading the chlorination system from the existing gas chlorination system to a
liquid hypochlorite solution will increase operator safety and improve operations by
providing a chlorination system similar to other City water sources. Both the new
chlorination system and the generator will be housed in a new building that will
constructed adjacent to the existing building at the Well 4 site.
Bids were opened on October 9, 2014. As part of their bids, contractors were required
to list the specific subcontractor they were proposing to use for a particular specialized
area of work (instrumentation and controls) and that this subcontractor met certain
requirements. After reviewing the bids, City staff has determined that none of the
bidders satisfied these requirements and,therefore, all bids were considered non-
responsive and void. Staff recommends the project be re- advertised in early
November 2014 with revisions to the contract documents to address these issues.
The total 430 (Water) fund budget for this project is $1,378,589.00. Based on the
Engineer's estimate, a project increase of $55,649.00 within the 430 (Water) is
anticipated; however it would not require a budget adjustment since this money is
available from the budget contingency of other projects. This will be confirmed at the
time of contract award.
CA.G AUBURN * MORE THAN YOU IMAGINED Page 38 of 141
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: November 3, 2014 Item Number: CA.G
CA.G AUBURN * MORE THAN YOU IMAGINED Page 39 of 141
BUDGET STATUS SHEET
Project No: C512A Project Title: Well 4 Emergency Power Improvements
Project Manager: Seth Wickstrom
Initiation Date: Nov. 5, 2012
Advertisement Date: Oct 18, 2014
Award Date:
O Initiation /Consultant Agreement
Permission to Advertise Date: October 27, 2014
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
2014
2015
Total
430 Fund - Water
39,448
172,621
1,166,520
0
1,378,589
Total
39,448
172,621
1,166,520
0
1,378,589
Estimated Cost (Funds Needed)
Activity
Prior Years
2013
2014
2015
Total
Design Engineering - City Costs
6,850
18,917
26,000
0
51,767
Design Engineering - Consultant Costs
32,598
153,705
31,537
873,474
217,840
Construction Estimate
0
0
243,750
731,250
975,000
Project Contingency (10 %)
0
0
24,375
73,125
97,500
Construction Engineering - City Costs
15,000
45,000
60,000
Construction Engineering - Consultant Costs
8,033
24,099
32,132
Total
39,448
172,622
348,695
873,474
1,434,239
430 Water Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \C512A -Well 4 Emergency Power \PWCCouncillnfo \Reject All Bids \Backup (Not Part of Agenda 1 of 1
(i I)�'Budget Status Sheet.xls 10/29/R151J9.,AO 141
Prior Years
2013
2014
2015
Total
*430 Funds Budgeted (230,000)
(39,448)
(172,621)
(1,166,520)
0
(1,378,589)
430 Funds Needed
39,448
172,622
348,695
873,474
1,434,239
*430 Fund Project Contingency(
0
0
1 (817,825)1
0
1 0
430 Funds Required
0
0
1 0
1 873,474
1 55,649
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \C512A -Well 4 Emergency Power \PWCCouncillnfo \Reject All Bids \Backup (Not Part of Agenda 1 of 1
(i I)�'Budget Status Sheet.xls 10/29/R151J9.,AO 141
BID TABULATION
BID TOTALS SUMMARY
Project Name: C512A, Well 4 Emergency Improvements, Contract 13 -12
Prepared by: City of Auburn
Bid Date: 10/9/14
ENGINEER'S ESTIMATE: $ 791,803.00
AVERAGE BASIC BID AMOUNT:
BASIC BID SPREAD AMOUNT: $ - Basic BID Amount Spread $ Spread %
LOW BIDDER: $
Second Bidder:
Basic BID (Tax not Included)
Award Construction, Inc.
Non - Responsive
McClure &Sons, Inc.
Non - Responsive
T. Miller Construction
Non - Responsive
Prospect Construction, Inc.
Non - Responsive
Gary Harper Construction
Non - Responsive
Total BID (Tax Included)
10/28/2014 (11:15 AM)
lbXc6bidtabs \C512A0 BT.xls Page 41 of 141 1
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C512A: WELL 4 VICINITY MAP
A`ln°� EMERGENCY POWER
UBURN IMPROVEMENTS PROJECT "OT'°�^'� N
WASHINGTON
'Alu,BURN
VVAS I � I N G "i'(') N'
AGENDA BILL APPROVAL FORM
Administrative Recommendation:
City Council award Small Works Contract No. 14 -20, to Scottys General Construction,
Inc. on their low bid of $86,590.00 for Project No. CP1409, Oravetz PI SE Flooding
Mitigation.
Background Summary:
The purpose of the project is to mitigate the flooding problems occurring on the
Danner Corporation property located at 307 Oravetz PI SE. The work will consist of
installing approximately 500 feet of a new storm drainage line across the Auburn
Valley Humane Society property (4910 A St SE) and connecting into the existing
storm drainage system on A St SE.
Construction of the project is anticipated to begin late November 2014 and be
complete by December 2014.
A project budget contingency of $11,092.00 remains in the 432 (Storm) fund.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: November 3, 2014 Item Number: CA.H
CA.H AUBURN * MORE THAN YOU IMAGINED Page 43 of 141
BUDGET STATUS SHEET
Project No: CP1409 Project Title: Oravetz PI SE Flooding Mitigation
Project Manager: Seth Wickstrom
Initiation Date: Sept 15, 2014
Advertisement Date: Oct 9, 2014
Award Date:
0 Project Initiation
0 Permission to Advertise Date: October 27, 2014
Contract Award
0 Change Order Approval
0 Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Funding
Prior Years
2014
2015
Future Years
Total
432 Fund - Storm*
0
137,000
0
0
137,000
Total
0
137,000
0
0
137,000
* This is a portion of the 2013 annual budget for the Storm Repair & Replacement Program.
Estimated Cost (Funds Needed)
Activity
Prior Years
2014
2015
Future Years
Total
Design Engineering - City Costs
0
12,000
0
0
12,000
Construction Contract Bid
0
86,590
1,000
0
86,590
Authorized Contingency (20 %)
0
17,318
0
0
17,318
Construction Engineering - City Costs
0
9,000
1,000
1 0
10,000
Total
0
124,908
1,000
0
125,908
432 Storm Budget Status
** ( # ) in the Budget Status Sections indicates Money the City has available.
CA.H Page 4foif 141
Prior Years
2014
2015
Future Years
Total
* *432 Funds Budgeted ()
0
1 (137,000)
0
0
(137,000)
432 Funds Needed
0
124,908
1,000
0
125,908
* *432 Fund Project Contingency(
0
I "iii.miiulct.m)
0
0
(11,092)
432 Funds Required
0
0
1,000
1 0
0
** ( # ) in the Budget Status Sections indicates Money the City has available.
CA.H Page 4foif 141
BID TABULATION
BID TOTALS SUMMARY
Project Name: CP1409, Oravetz Place SE Flooding Mitigation, Contract 14 -20
Prepared by: City of Auburn
Bid Date: 10/23/14
ENGINEER'S ESTIMATE: $ 121,015.50
AVERAGE BASIC BID AMOUNT: $ 125,364.58
BASIC BID SPREAD AMOUNT: $ 71,850.00 Basic BID Amount Spread $ Spread %
LOW BIDDER: Scotty's General Construction $ 86,590.00 - $34,425.50 - 28.45%
Second Bidder: Superior Earthworks $ 108,236.70 - $12,778.80 - 10.56%
Basic BID (Tax Not Applicable)
Scotty's General Construction
$
86,590.00
Superior Earthworks
$
108,236.70
Hoffman Construction
$
116,453.70
OSG Dozing, LLC
$
120,032.00
R.L. Alia Company
$
120,201.30
Weber Construction
$
130,594.25
Reed Trucking & Excavating
$
130,611.00
Iron Creek Construction
$
131,802.00
RW Scott Construction
$
133,365.05
Nor Tec Construction
$
142,684.37
Kelaye Concrete
$
158,440.00
10/27/2014 (1:10 PM)
h: \pro' \bidtabs \CP1 -409 BT.xls
A.
h:\pro
Page 45 of 141
1
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CITY Or
VB RN
INGlON
VICINITY MAP 1 OF 1
OCTOBER 2014
SCALE 1 IN = 70,F11° Page (t4l
C i..i,y C�1:
VVAS p � I N G "i'(
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 6519 October 28, 2014
Department: Attachments: Budget Impact:
Administration Ordinanw No. 6519 $0
Administrative Recommendation:
City Council adopt Ordinance No. 6519.
Background Summary:
This Ordinance was previously considered by the City Council in a different form, but
this version came out of a discussion by Councilmembers in addressing issues related
to the Study Session format related to how certain responsibilities or actions of the
City Council would be handled, particularly related to potential complaints by
Councilmembers about inappropriate action by another member of the Council.
Previously these tasks were handled by the Council Operations Committee, but
because the Council Operations Committee would not be operating in the same way,
it makes sense to address that in an Ethics Code Ordinance. Along with that, the
Ethics Ordinance was made simpler and more flexible than earlier versions, while not
providing for either an ethics commission or an ethics officer at this time. And the
Ethics Ordinance incorporates and adopts by reference portions of state ethics
statutes.
Reviewed by Council Committees:
Council Operations Committee Other: City Council
Councilmember: Wagner Staff: Heid
Meeting Date: November 3, 2014 Item Number: ORD.A
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 47 of 141
ORDINANCE NO. 6 5 1 9
AN ORDINANCE OF THE CITY COUNCIL THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
2.92 OF THE AUBURN CITY CODE, PROVIDING FOR A
CODE OF ETHICS
WHEREAS, state law, and specifically, Chapter 42.23 of the Revised Code of
Washington (RCW), provides a Code of Ethics for Municipal Officers; and
WHEREAS, state law also provides a separate ethics code for state officials and
employees found in Chapter 42.52 RCW; and
WHEREAS, the provisions of these two RCW Chapters set the framework for
ethics and public service applicable to city officials; how_ ever, the two chapters are not
completely consistent in all measures; and
WHEREAS, to address questions and issues related to these two chapters and
to assist in defining provisions and, to some extent reconciling, inconsistencies between
them, it is appropriate for the City of Auburn to adopt and implement its own Code of
Ethics.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. Adoption of New Chapter to City Code. A new chapter 2.92 of the
Auburn City Code, providing for a Code of Ethics, is created to read as follows:
Sections:
2.92.010
2. 92.020
2.92.030
2.92.040
2.92.050
2.92.060
Chapter 2.92
CODE OF ETHICS
Policy.
Definitions.
Prohibited conduct.
Ethical standards.
No right of action created — Effective date.
Enforcement.
2.92.010 Policy.
A. Purpose. The city council has adopted herein a code of ethics for city -
elected officials and city appointed officers and officials to promote public confidence in
the integrity of local government and its fair operation. This code of ethics will provide
Ordinance No. 6519
October 14, 2014
OPF�eA1
Page 48 of 141
the basis for education and training for city officials to ensure that the highest ethical
standards and best ethical practices will be followed.
B. Intent. The citizens and businesses of Auburn are entitled to have fair,
ethical and accountable local government that has earned the public's full confidence. It
is further the intent that city officials be permitted to fulfill their duties to represent the
public to the greatest extent possible unless circumstances exist where such
engagement is impermissible. Nothing in this chapter is intended to reduce, limit, or
restrict the pool of available candidates for service on the council or service on council -
appointed public bodies, all of which are either part-time or volunteer positions. It is in
the public interest to ensure that the provisions of this chapter do not create barriers to
citizen public service. In keeping with the city of Auburn's commitment to excellence, the
effective functioning of democratic government therefore requires that:
1. Public officials, both elected and appointed, comply with the laws and
policies affecting the operations of government;
2. Public officials be independent, impartial and fair in their actions;
3. Public office be used for the public good, not for personal gain;
4. Public deliberations and processes be conducted openly, unless legally
confidential, in an atmosphere of respect and civility; and
5. There needs to be compatibility between City ethical codes and the ethic
codes of state law.
2.92.020 Definitions.
A. "Official" means a city - elected official and a city- appointed official, officer
or employee, and includes members of appointed city boards and commissions and
other task forces, groups or committees.
B. "Quasi-judicial actions" means those actions of the city council /legislative
body, planning commission, hearing examiner, or other city boards which determine the
legal rights, duties, or privileges of specific parties in a hearing or other contested case
proceeding.
C. "Relative" means spouse, domestic partner, child, step - child, parent, step-
parent, parent -in -law and sibling.
D. Definitions Incorporated by Reference. The definitions included in and
referenced by sections 42.23.020 and 42.52.010 of the Revised Code of Washington
(RCW), as hereinafter amended, are incorporated herein unless the language and
context hereof clearly excludes the application thereof, provided that such definitions
may nevertheless guide in the application and interpretation thereof.
2.92.030 Prohibited conduct.
A. Compliance with Ethics Laws. Officials shall comply with the individual
conduct requirements of federal, state and city laws in the performance of their public
duties. These laws include, but are not limited to: the United States and Washington
Constitutions; laws pertaining to conflicts of interest, election campaigns, financial
disclosures and open processes of government; and city ordinances and policies,
including but not limited to the below list. Councilmembers shall also comply with the
Ordinance No. 6519
October 14, 2014
OPFffieA2
Page 49 of 141
ethical, professional and courtesy requirements of the City of Auburn Council Rules of
Procedure.
• Chapter 9A.72 RCW - Perjury and interference with official proceedings
• RCW 35A.12.060 - Vacancy for nonattendance
• Chapter 35A.12 RCW - Mayor - council plan of government.
• Chapter 40.14 RCW - Preservation and destruction of public records
• RCW 42.17A.555 - Use of public office or agency facilities in campaigns —
Prohibition — Exceptions
• RCW 42.17A.565 - Solicitation of contributions by public officials or employees
• Chapter 42.23 RCW - Code of ethics for municipal officers — Contract interests
• Chapter 42.36 RCW - Appearance of fairness doctrine — Limitations
• Chapter 42.56 RCW - Public Records Act
• Chapter 42.52 RCW - Ethics in Public Service
B. Gifts and Favors. Officials shall not knowingly use their public position to
secure any special advantage, services or opportunities for personal or family gain,
Where such services, opportunities or gains are not available to the public in general.
Officials may also not solicit or receive any thing of monetary value from any person or
entity where the thing of monetary value has been solicited or received or given, or
where it would appear to a reasonable person to have been solicited or received or
given, with intent to give or obtain consideration or influence as to any action by the
official in his or her official capacity; provided, that nothing shall prohibit campaign
contributions which are solicited or received and reported in accordance with applicable
law. They shall not accept or solicit any gifts, favors or promises of future benefits
except as follows:
1. No official may accept gifts, other than those specified in subsection (B)(2)
of this section, with an aggregate value in excess of Fifty Dollars ($50.00) from a single
source in a calendar year, or a single gift from multiple sources with a value in excess of
Fifty Dollars ($50.00) in accordance with RCW 42.52.150(1); provided, that if the Fifty
Dollars ($50.00) limit in RCW 42.52.150(1) is amended, this section shall be deemed to
reflect the amended amount. For purposes of this section, "single source" means any
person, corporation, or entity, whether acting directly or through any agent or other
intermediary. "Single gift" includes any event, item, or group of items used in
conjunction with each other or any trip including transportation, lodging, and attendant
costs. The value of gifts given to an official's family member or guest shall be attributed
to the official for the purpose of determining whether the limit has been exceeded,
unless an independent business, familial, or social relationship exists between the
donor and the official, family member or guest.
2. The following items are presumed not to influence the vote, action, or
judgment of the official, or be considered as part of a reward for action or inaction, and
may be accepted without regard to the limit established by subsection (B)(1) of this
section:
(a) Unsolicited flowers, plants and floral arrangements;
---------------
Ordinance No. 6519
pOctctober 14, 2014
ORRV
Page 50 of 141
(b) Unsolicited advertising or promotional items of nominal value, such as
pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a plaque,
trophy, desk item, wall memento, or similar item;
(d) Unsolicited items received by an official for the purpose of evaluation or
review, if the official has no personal beneficial interest in the eventual use or
acquisition of the item;
(e) Informational materials, publications or subscriptions related to the
recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions where attendance is
related to the official's duties for the city;
(g) Admission to, and the cost of food and beverages consumed at, events
sponsored by or in conjunction with a governmental entity or organization;
(h) Unsolicited gifts from dignitaries from another state or a foreign country
which are intended to be personal in nature, Provided that if the value (identified or
estimated) exceeds $50, the gift shall be the property of the city's;
(i) Food and beverages on infrequent occasions in the ordinary course of
meals where attendance by the official is related to the performance of official duties;
and
(j) Any gift which would have been offered or given to the official if he or she
were not an official.
3. The presumption in subsection (13)(2) of this section is rebuttable and may
be overcome based on the circumstances surrounding the giving and acceptance of the
item.
C. The provisions of this section and of this chapter do not prohibit the city
from funding, or contributing to the funding for, an event, activity, or function at which
public officials attend and/or in which they participate, so long as, the city council finds
that there is a corresponding benefit to the city to have its public officials attend or
participate, and where city council expressly approves funding, or the contribution
towards funding thereof. For the purposes hereof, including the funding of an event,
activity, or function in the approved city budget for applicable public officials constitutes
a finding by the city council that there is a corresponding benefit to the city to have its
public officials attend or participate such event, activity, or function.
2.92.050 No right of action created — Effective date.
A. Nothing in this chapter shall be construed as creating or providing a basis
for a private cause of action against the city or against any official by third parties.
B. No retroactive application is intended by the adoption of this chapter which
shall only apply to acts that occur after the effective date thereof.
2.92.060 Enforcement.
A. The provisions of this chapter shall be enforceable in accordance with the
statutory authority referenced herein.
B. Enforcement of a violation of this ethics code against a councitmember
shall be reviewed by an ad -hoc committee comprised of three members of the city
Ordinance No. 6519
October 14, 2014
OF�89R 4
Page 51 of 141
council, which ad -hoc committee shall make a recommendation to the city council. The
ad hoc committee shall be created for this purpose when called for by the deputy
mayor, and members of such ad hoc committee shall be appointed by the deputy
mayor; provided that the mayor shall act to calf for the ad hoc committee and appoint
members to such ad hoc committee if the deputy mayor is disabled or precluded from
acting in that capacity. Neither the councilmember about whom a complaint has been
voiced, nor the councilmember who voiced the complaint, shall be appointed to the ad
hoc committee or entitled to vote on any council action related to the complaint.
C. Enforcement of a violation of this ethics code against the public official of
the city other than a councilmember shall be as directed by the mayor or the human
resources director, in accordance with city policies.
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED`.
PASSED:
APPROVED:
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
_XVAN's "S' 'y ,
NA4 _� _, + A4
PUBLISHED:
Ordinance No. 6519
October 14, 2014
OWA5
Page 52 of 141
C i..i,y C�1:
VVAS I � I N G "i'(') N'
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 6532 October 28, 2014
Department: Attachments: Budget Impact:
Administration Ordinanw No. 6532 $0
Administrative Recommendation:
City Council adopt Ordinance No. 6532.
Background Summary:
For the last number of months, the City Council and the Council Operations
Committee have been reviewing options regarding switching from a City Council
committee approach to a study session approach for handling City Council business.
This format change was initially suggested to address concerns that result from the
committee approach - such as where two councilmembers of a three member Council
committee constitute a quorum and would, thus, be precluded from discussing matters
that may come before their committee outside of a public meeting of the committee.
Additionally, the committee structure requires some reports and presentations to be
given multiple times to ensure that all councilmembers are afforded exposure to
issues coming before them. Even with multiple presentations, however, there is
concern that the information provided may not be as complete in all settings, such as
where questions are asked in one committee but not another. Discussing matters
among all councilmembers in study sessions would allow all councilmembers to
participate more equally and would also provide a more transparent approach to
government, particularly where study sessions would be televised, as is the Council
intention.
Ordinance No. 6532 changes a number of sections of the City Code to accommodate
the change from Council Committees to Study Sessions, addressing changes in the
code where references to committees and committee responsibilities were made, and
identifying the times and days for Regular City Council meetings, as well as Council
Study Sessions. The sections which reference the committee, for instance, may now
reference the study sessions or the City Council. Likewise, tasks that were previously
assigned to committees, will be (per this Ordinance) transferred to the City Council or,
in some cases, the Mayor or staff.
ORD.B AUBURN * MORE THAN YOU IMAGINED Page 53 of 141
Reviewed by Council Committees:
Council Operations Committee Other: City Council
Councilmember: Wagner Staff: Heid
Meeting Date: November 3, 2014 Item Number: ORD.B
ORD.B AUBURN * MORE THAN YOU IMAGINED Page 54 of 141
ORDINANCE NO.6 5 3 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
2.03.100, 2.07.080, 2.12.010, 3.04.270, 3.04.280, 3.10.028,
5.20.050, 5.20.070, 8.24.040, 10.41.010, 10.64.020,
10.64.090, 10.64.120, 12:04.010, 12:04.050, 12.32:020,
12.60.040, 12.60.050, 12.60.070, 14.18.030, 14.18.050,
14.18.060, 14.22.040, 14.22.080, 14.22.090, 16.08.020,
17.02.090, 18.08.090, 18.29.070, 18.68.020, 18.76.080,
20.04.030, 20.06.030, AND 20.08.030 OF THE CITY CODE,
AMENDING CHAPTER 2.06 OF THE CITY CODE AND
REPEALING SECTION 12:20.050 OF THE CITY CODE
RELATING TO THE CHANGE OF FORMAT OF THE CITY
COUNCIL FROM COUNCIL COMMITTEES TO STUDY
SESSIONS
WHEREAS, the current provisions of the Auburn City Code and the operational
practices of the Auburn City Council include use of Council Committees in advance of
the full City Council's consideration of matters coming before it; and
WHEREAS, the City Council has been considering how it could best operate and
feels that it would be advantageous for the City Council to utilize study sessions where
all Councilmembers will be able to participate in the consideration of different City
related items, rather than having some matters going to Council Committees in advance
of consideration by the full City Council; and
WHEREAS, in order to accommodate a change of the format from committee
structure to study sessions, it is appropriate that sections of the City Code that provide
for committee structure be amended to accommodate study sessions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 2.03.100 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
---------------
Ordinance No. 6532
October 14, 2014
Page 1
ORD.B Page 55 of 141
2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of
agendas for the meetings of the council and of the various boards, commissions and
committees of the city, and for including in those agendas the items and issues
forwarded by the j^^i' ^^^^^'itte °scity council and/or or by the ad hoc
committees dies Hated to act on .behalf of the. city council, and for including in those
agendas the items and issues proposed by the mayor and city administration, for
consideration by the council. The mayor or the mayor's designee shall also be
responsible for publishing notices for meetings and for public hearings for the meetings
of the council and the various boards, commissions and committees of the city, and for
setting the dates and times for said public hearings, except in those instances when
setting dates and times for public hearings is required by statute to be done through
council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.)
Section 2. Amendment to City Code. That Section 2.07.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
2.07.080 Subcommittee structure.
A. The junior city council may informally divide its members into
subcommittees to consider different topics of interest, or into subcommittees that it
deems helpful to its tasks. Te the extent t at. it ddaemS ^.,, ;F+te and helpful,
Gemmunity Campus.
B. The subcommittees will meet on an as- needed basis.
C. The subcommittees shall consist of at least three members of the junior
city council, but shall consist of less than a quorum of the junior city council (less than
five members).
D. Any discussions or recommendations of any subcommittees shall be
communicated to and shared with the full junior city council.
E. The subcommittees shall not constitute legislative or agency bodies so as
to trigger the requirement that the subcommittees comply with the Washington State
Open Public Meetings Act (Chapter 42.30 RCM. (Ord. 6441 § 1, 2013.)
Section 3. Amendment to City-Code. That Section 2.12.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
2.12.010 Duties.
The city attorney shall advise authorities and officers on ail legal matters
pertaining to the business of the city and shall approve all ordinances as to form.
He /she shall represent the city in all actions brought by or against the city, or against
city officials in their official capacity. He /she shall perform such other duties as the city
Ordinance No. 6532
October 14, 2014
Page 2
ORD.B Page 56 of 141
council by ordinance may direct. Included in the foregoing and in addition thereto, the
city attorney shall:
A. Attend all meetings of the city council, including regular, special and
interim meetings, as well as all regular meetings of the planning commission and board
of adjustment of the city;
B. Attend meetings, upon request, of all other official boards and
commissions of the city, as well as all stapdon'. or ad hoc committees or subcommittees
of the city council;
C. Maintain an office in space furnished by the city in the city hall building
during regular business hours Monday through Friday, except during those periods of
time when the presence of either himself /herself or his/her assistant is required out of
the office in the performance of official legal business for the city;
D. Answer inquiries from citizens for information concerning city matters;
E. Consult interested officials and officers concerning, and prepare all
resolutions, ordinances, petitions, contracts, leases, easements, deeds, notices and
other legal documents, and suggest legislation, where the responsibility for preparation
is upon the city, or requested by city officials; examine and approve or suggest changes
in all such instruments when the duty of preparation rests upon others than the city;
F. Advise the council, boards, commissions, department heads and other city
officials and officers, rendering formal legal opinions when requested, or when it
appears to the attorney necessary or advisable;
G. Prosecute in the court of criminal jurisdiction, and on appeal in appellate
courts, all alleged violations of city ordinances, and actions to recover licenses,
penalties and forfeitures. Advise the proper officials and officers on the fling of
complaints therefor;
H. Prosecute and /or defend, in courts of original jurisdiction, and on appeal,
all civil actions brought by or against the city, or against officials, officers and employees
in their official capacity, including condemnation proceedings. Participate in
consultations concerning settlement of claims against the city, or its officials, officers
and employees in their official capacities; provided, that where insurance counsel also
defends the city, the main burden of such actions may be left to such counsel. See to
the ultimate enforcement of all judgments and decrees rendered in favor of the city in
any action or suit;
I. Participate in the expedition of bond issues, providing this shall not require
an opinion of the validity of the bonds in any case where special bond counsel is
retained by the city or any prospective bond buyer;
J. On request, participate in and consult concerning intergovernmental
relations in which the city is concerned;
K. Perform such other duties as may be required by the laws of the state.
Provided, however, the duties of the city attorney as prescribed in this section
shall not prohibit the employment of special counsel to assist the city attorney in
unusual cases of a specialized nature, when such employment is authorized by the city
council. (1957 code § 1.05.010.)
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Section 4. Amendment to City Code. That Section 3.04.270 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
3.04.270 Landscaping and community beautification and gift cumulative reserve
fund — Use.
The Auburn landscaping and community beautification and gift cumulative
reserve fund shall be used for the purpose of receiving gifts and donations of moneys to
the fund and the cumulative reserve funds shall be used for the purpose of city
landscaping and community beautification projects and for such special purposes as
any donors of any such money or gifts to such fund might specify, as approved by the
mayor. (1957 code § 1.36.200.)
Section 5. Amendment to City Code. That Section 3.04.280 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
3.04.' 280 Landscaping and community beautification and gift cumulative reserve
fund — Designation of use of gifts.
Any person or party making a gift or donation to the fund referred to in ACC
3.04.270 may, in doing so, designate that the materials purchased with the gifts or
donations shall be inscribed in a suitable manner with a dedication or memorial to a
person, place or thing, as directed by the donor; provided, however, that the city
reserves the right to reject ariy such gift or donation at the option of the city for whatever
reason the city deems proper. The ^'"^^f^^ beautification and --bui g GGde6
^eem_ayor shall 'recommend to the city council the acceptance or rejection of the
gifts or donations. (1957 code § 1.36.210.)
Section 6. Amendment to Citt Code. That Section 3.10.028 of the
Aubum City Code be, and the same hereby is, amended to read as follows:
3.10.028 Approval by -oeU .nGil ^^Fn^nmf+ee of asset and/or system expansions,
additions, and betterments.
Asset and /or system expansions, additions, and betterments that have been
recognized as authorized capital projects exceeding $25,000.00 in the budget shall be
reviewed by the ma or or his/her desi nee to formally
initiate the project prior to a call for bids. (Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.)
Section 7. Amendment to City Code. That Section 5.20.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
5.20.050 License application — Approval or disapproval procedure.
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The business [ icense clerk shall collect all license fees and shall issue licenses in
the name of the city to all persons qualified under the provisions of this chapter and
shall:
A. Adopt all forms and prescribe the information required to implement this
chapter;
B. Submit all applications, to department heads as listed below for their
endorsements as to compliance by applicant with all city regulations which they have
the duty of enforcing:
1. Ambulance services license: fire and police departments;
2. Amusement device license:. police (four or under) and building, planning
and police (five or more);
3. Auto races license: building, fire, planning and police departments;
4. Cabaret licenses-. fire and police departments;
5. Carnivals, circuses, -shows, etc., licenses: building, fire, police and
planning departments;
6. Dance licenses: fire and police departments;
7. Fire extinguisher service licenses: fire department;
8. Massage business, health salon, etc., licenses: building, fire, planning,
police departments and health officer;
9. Merchant patrol and private detective licenses: police department;
10. Motor vehicle wreckers licenses: building, fire, planning and police
departments;
11. Outdoor musical entertainment licenses: building, fire, planning and police
departments;
12. Pawnbrokers /secondhand dealers licenses-. police department;
13. Solicitor license: police department;
14. Tow truck business license: fire, planning and police departments.
C. Not any applicant of the acceptance or rejection of his/her application
and shall, upon denial of any license state in writing the reasons therefor, the process
for appeal and deliver them to the applicant.
D.. Deny any application for license upon written findings that the granting
would be detrimental to the public peace, health or welfare:
1. Whenever any such license is denied the applicant may within 15 days
from date of action, file written notice of appeal to the ity's
director of community development and public works. Action of the appfepfiate
settee -of the- city's director of community development and public works may be
appealed 15 days from date of action to the hearing examiner, and
action of the seaesil hearing examiner shall be conclusive and not subject to review.
2. When the issuance is denied and any action instituted by the applicant to
compel its issuance, such applicant shall not engage in the business for which the
license was refused unless a license is issued pursuant to a judgment ordering the
same. (Ord. 5897 § 9, 2005; Ord. 4012 § 2, 1984.)
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Section -8. Amendment.to Ci _Code. That Section 5.20.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
5.20.070 License - Revocation.
A. Any License issued under the provisions of this chapter may be revoked by
the 6ty sleFk andiGF police chief and/or building official and!OF fire hief for any reason if
the further operation thereof would be detrimental to public peace, health or welfare, or
the violation of any federal or state law or any ordinance or regulation of the city. The
city clerk or the director of community development and public works shall cause to be
served upon such parties as may be deemed to be interested therein such reasonable
notice as may be determined to be proper of intention to revoke such license.
B. Where deemed necessary to prevent further detriment to public peace,
health or welfare, or violation of any federal or state law or any city ordinance or
regulation the police chief�et or building official may immediately revoke any
license issued under the provisions of this chapter.
C. Whenever any such license is revoked, the licensee may within 15 days
from date of action file written notice of appeal to the 21PPFOPFiate Gemmittee of the ^ityIs
director of community development and pubfic works. Action of the appFepf+ate
wee - director of community development and public works may be appealed within
15 days from date of action to the full 0ty eouns+J- hearing examiner and action of the
seef►sil hearing examiner shall be conclusive and not subject to review. (Ord. 4012 § 2,
1984.)
Section 9. Amendment to City Code. That Section 8.24.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
8.24.040 Public display of fireworks.
A. Every public display of fireworks shall be handled by a competent operator
approved by the #iFe- op Lice chief or his /her designee and shall be of such character, and
so located, discharged, or fired, that, in the opinion of the fife-- olice chief or his
designee, after proper investigation, it will not constitute a hazard to property or
endanger any person. Should the fife- olp ice chief or his /her designee deny a permit for
public display of fireworks, the applicant therefor shall have the right to appeal that
denial to the appFapriate- Auburn city council ^ ^^""i * ° °, which shall consider such
application, recommendation and denial, and in its discretion shall either uphold the
denial or grant the permit applied for.
B. A state pyrotechnics license is required for operators of a public display of
fireworks.
C. A bond or certificate of insurance must be furnished to the fire chief before
a permit is issued. The bond shall be in the amount of $1,000,000.00 and shall be
conditioned upon the appiicant's payment of all damages to persons and properly
resulting from or caused by such public display of fireworks, or by any negligence on the
part of the applicant or its agents, servants, employees or subcontractors in the
Ordinance No. 6532
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presentation of the display. The certificate of insurance shall evidence a comprehensive
general liability, including automobile coverage, insurance policy providing limits of
$1,000,000.00 combined single limit, per occurrence and annual aggregate, no
deductible, and naming the city of Auburn as an additional insured.
D. Transportation and Storage.
1. All fireworks shall be transported within the city in accordance with 49
CFR Part 177 and 397.9(b) prior to reaching the display site.
2. As soon as the fireworks have been delivered to the display site, they shall
be attended and shall remain dry.
3. All shells shall be inspected upon delivery to the display site by the display
operator. Any shells having tears, leaks, broken fuses, or showing signs of having been
wet shall be set aside and shall not be fired. After the display, any such shells shall be
either returned to the supplier or destroyed according to the supplier's instructions.
4. All fireworks at the firing site must be stored in ready boxes (substantially
constructed wood magazines). During the display, the magazines must be 25 feet
upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the
opposite direction to the firing. All ready boxes are to be protected by a flame -proof
Water-repellent canvas cover until emptied.
5. The shell storage area shall be located at a minimum distance of not less
than 25 feet1rom the discharge site.
6. During the display, shells shall be stored upwind from the discharge site. If
the wind shifts during the display, the shell storage area shall be relocated to be upwind
from the discharge site.
E. Preparation of Site and Crowd Control.
1. All dry grass, weeds and other combustible waste matter within 50 feet of
the firing site shall be removed.
2. The site shall be located so that the trajectory of shells shall not come
within 25 feet of any overhead object.
3. Discharged fireworks shall not come within 100 feet of any tent or canvas
shelter.
4. The firing and storage site shall be located not less than 200 feet from any
building.
5. The operator shall provide sufficient personnel to assure that no
unauthorized persons .are allowed within 200 feet of the firing and storage site. This
requirement shall be in effect from one -half hour prior to the arrival of fireworks until all
fireworks debris, equipment and fireworks have been removed from the site.
6. Spectators shall be restrained behind lines or barriers at least 200 feet
from the firing and storage locations.
F. Installation of Mortars.
1. Mortars shall be inspected for dents, bent ends, and cracked or broken
plugs prior to ground placement. Mortars found to be defective in any way shall not be
used. Any scale on the inside surface of the mortars shall be removed.
Ordinance No. 6532
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2. Mortars shall be positioned so that the shells are carried away from
spectators and buildings. When fired over water, mortars shall be installed at an angle
of not less than 10 degrees, pointing toward the water.
3. Mortars shall be either buried securely into the ground to a depth of
between two- thirds and three - fourths of their length or fastened securely in mortar
boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the
mortars to prevent their sinking or being driven into the ground during firing.
4. In damp ground, a weather - resistant bag shall be placed under the bottom
of the mortar prior to placement in the ground to protect the mortar against moisture.
5. Weather - resistant bags shall be placed over the open end of the mortar in
damp weather to keep moisture from accumulating on the inside surface of the mortar.
6. Sand bags, dirt boxes, or other suitable protection shall be placed around
the mortars to protect the operator from ground bursts. This requirement shall not apply
to the down -range side of the discharge site.
G. Operation of the Display.
1. The operator shall provide fire protection at the site as required by the fire
chief or his /her designee.
2. Only permitted fireworks are authorized for use.
3. If, in the opinion of the fire chief or his/her authorized representative, lack
of crowd control should pose a danger, the display shall be immediately discontinued
until such time as the situation is corrected.
4. If at any time high winds or unusually wet weather prevail such that, in the
opinion of the fire chief, his/her authorized representative or the display operator, a
definite danger exists, the public display shall be postponed until weather conditions
improve to permit safe discharge of fireworks.
5. Light snow or mist need not cause cancellation of the display; however, all
materials used in the display shall be protected from the weather until immediately prior
to use.
6. Display operators and assistants shall use only flashlights or approved
electric lighting for artificial illumination.
7. No smoking or open flames shall be allowed within 50 feet of the firing or
storage area as long as shells are present. Signs to this effect shall be conspicuously
posted.
8. The first shell fired shall be carefully observed to determine that its
trajectory will carry it into the intended firing range and that the shell functions over, and
any debris falls into, the planned landing area.
9. The mortars shall be re - angled or reset if necessary at any time during the
display.
10.. When a shell fails to ignite in the mortar, the mortar shall not be touched
for a minimum of five minutes. After five minutes it shall be carefully Flooded with water.
Immediately following the display, the mortar shall be emptied into a bucket of water.
The supplier shall be contacted as soon as possible for proper disposal instructions.
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Ordinance No. 6532
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11. Operators shall not attempt to repair a damaged shell nor shall they
attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as
soon as possible for proper disposal h9truc#ions.
12. Operators shall not dry a wet shell, lance, or pot for reuse.
13. The entire firing range shall be inspected immediately following the display
to locate any defective shells. Any such shells found shall be immediately doused with
water before handling. The shells shall be placed in a bucket of water. The supplier
shall then be contacted as soon as possible for proper disposal instructions.
14. When fireworks are displayed in darkness the sponsor shall ensure that
the firing range is inspected early the following morning.
15. Any fireworks remaining unfired after the display shall be immediately
disposed of or removed from the city to the supplier from which they were purchased or
to a location approved by the firte op Ijce chief or his/her designee.
16. The debris from discharged fireworks shall be properly disposed of.
H. The denial by the p ol ice chief of a permit for the public display of
fireworks may be appealed to the _. Auburn city council Gemm irtte . (Ord. 5679
§ 1, 2002; Ord. 5385 § 6, 2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.)
Section 10. Amendment to City Code. That Section 10.41.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.41.010 Restricted parking zones — Establishment.
A.. In conformity with the standards and policies of the city council, The he
city engineer na i s ise6 Gemmittee —is authorized to
establish and remove restricted parking zones when, in the city engineer's professional
judgment, a restricted parking zone will reduce or eliminate a parking problem and the
public interest will be served. The citV engineer shall report to the mayor and-citV council
any such changes to parking zones.
B. Restricted parking zones may reserve on- street parking for the exclusive
use of abutting properties and /or residents in a prescribed vicinity; vehicles used by
their visitors; and service vehicles of persons having business in the street.. They may
also reserve on- street parking only during certain posted hours, allowing unrestricted
parking at all other times.
C. Application for parking permits shall be made on a form provided by the
city of Auburn. Proof of residency of the owner or lessee of a vehicle must be presented
when applying for a permit within the designated residential parking zone (RPZ). The
address of vehicle registration and driver's license must coincide with the residential
address of the person requesting a permit.
D. The city shall issue permits or other means of identification, maintain lists
of vehicles used by residents, or adopt any other reasonable means of distinguishing
vehicles that may validly be parked in any restricted parking zone from other vehicles.
Restricted parking zones shall be appropriately signed and /or marked. Any vandalism or
destruction of parking- control signs shall not affect the validity of a restriction upon
Ordinance No. 6532
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parking on any street segment designated by the city engineer if other signs or traffic
control devices give notice that parking in the street segment is restricted. (Ord. 6267 §
1, 2009.)
Section-11. Amendment-to City Code. That Section 10.64.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.64.020 Definitions.
For the purposes of this chapter the following words shall have the meanings
ascribed t_o them as follows:
A. "Parade" is any parade, march, ceremony, show, exhibition, pageant, or
procession of any kind, or any similar display, in or upon any street, park or other public
place in the city.
B. "Parade permit" is a permit as required by this chapter.
C. "Person" is any person, firm, partnership, association, corporation,
company or organization of any kind.
rl " 211hl EMUnittGA" is the ni ihJit+ c�fatt nr+W nittee of the Gity n riuRGil
(Ord. 3311 § 2, 1978.)
Section 12. Amendment to City Code. That Section 10.64.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.64.090 Appeal procedure.
Any person aggrieved shall have the right to appeal the denial of a parade permit
` `
to the „blk; safety GOMMi4too city council. The appeal shall be taken within three days
after notice of denial. The citX council shall act upon the appeal
Within seven days after its receipt. (Ord. 3713 § 6, 1981; Ord. 3311 § 7, 1978.)
Section 13. Amendment to City Code. That Section 10.64.120 of the
Aubum City Code be, and the same hereby is, amended to read as follows:
10.64.120 Public conduct during parades.
A. Interference. No person shall unreasonably hamper, obstruct or impede,
or interfere with any parade or parade assembly or with any person, vehicle or animal
participating or used in a parade.
B. Driving Through Parades. No driver of a vehicle shall drive between the
vehicles or persons comprising a parade when such vehicles or persons are in motion
and are conspicuously designated as a parade, unless directed to do so by an Auburn
police officer.
C. Parking on Parade Route. The police chief and the
city engineer shall have the authority, when reasonably necessary, to prohibit or restrict
parking of vehicles along a highway or part thereof constituting a part of the route of a
`
parade. The P bli^ saf8ty GOMMitt police chief or the city engineer shall cause to be
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Ordinance No. 6532
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posted signs to such effect, and it is unlawful for any person to park or leave unattended
any vehicle in violation thereof. No person shall be liable for parking on a street
unposted in violation of this chapter. (Ord. 3311 § 11, 1978.)
Section 14. Amendment to City.-Code. That Section 12.04.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.04.010 Adoption of engineering construction standards and engineering design
standards.
A. Adopted — Engineering Construction Standards. The engineering
construction standards include the following documents and manuals which are herein
referred to as the "engineering construction standards" and are adopted by reference:
1. The Standard Plans (M21 -01) for Road, Bridge, and Municipal
Construction prepared by the Washington State Department of Transportation, the
Latest publication and amendments thereto, as determined appropriate for city
infrastructure by the city engineer and for conformance with adopted city engineering
design standards.
2. The Standard Specifications for Road, Bridge and Municipal Construction,
the latest (English) edition publication and amendments thereto as issued by the
Washington State Department of Transportation as supplemented and amended
through special provisions by the city engineer for specific construction applications and
for conformance with adopted city engineering design standards.
3. The City of Auburn Engineering Standard Details, a manual of specific
plans or drawings developed and adopted by the city of Auburn department of public
works which show frequently recurring components of work that have been
standardized for repetitive use, as supplemented and amended by the city engineer for
specific construction applications and for conformance with adopted city engineering
design standards.
B. Adopted — Engineering Design Standards. The engineering design
standards as approved by the p uhiin %ynrLkq nqmrvmittee, supplemented and amended by
the city engineer for specific design applications to e3deni � rzn,� h„ +ho p �� k
,.,.,� ^ ^^•n^i ee-and in consultation with the City Council on Policy issues or broad
city —wide implications shall _include the following documents and manuals which are
herein referred to as the "engineering design standards" and are adopted by reference:
1. A manual of specific design requirements which shows frequently
recurring public transportation and utility infrastructure standards.
2. The City of Auburn Surface Water Management Manual (SWMM) which is
the 2008 City of Tacoma Surface Water Management M_ anual as amended for use in
the city of Auburn. The SWMM is a manual of specific requirements related to storm
drainage. management.
C. Adopted — Highway Access Management. Chapter 468 -52 WAC, Highway
Access Management — Access Control Classification System and Standards, and
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October 14, 2014
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amendments thereto, with the exception of WAC 468 -52 -060 and 468 -52 -070, is
adopted by reference with the following amendments:
1. All references to the "Department" shall be changed to "city of Auburn."
2. All references to Chapter 468 -51 WAC or sections thereof shall be
changed to "City of Auburn Engineering Design Standards." (Ord. 6283 § 1, 2009; Ord.
6258 § 1, 2009; Ord.. 6157 § 1, 2008; Ord. 5042 § 1 (Exh. B), 1998.)
Section 15. Amendment to City Code. That Section 12.04.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows
12.04.050 Authorities for public infrastructure and right -of -way management.
A. Develop and Publish City Engineering Standards. The city engineer or
his /her designee shall. develop, implement and publish engineering design standards
manuals -afteF Feviewzand appFeval by 4 p bliG .. ei:ke GO.,,M in accordance with
Section 12.04.010(B) of the city code. The city engineer or his /her designee shall
develop, implement and publish engineering construction standards manuals and
establish engineering standard construction practices for regulation of all work within the
public way by all persons to include, but not be limited to, franchise public/private
utilities and entities possessing a right -of -way agreement and/or permit to assure the
public's safety, welfare and interest is protected.
B. Survey Record Controls. The city engineer or his /her designee shall
develop office procedures for establishing horizontal and vertical control registration of
existing and future development within the urban growth areas of the city. Procedures
will utilize both city and private development record drawings and survey efforts to
continue to maintain an accurate current database for future reference. The city will
provide the most current benchmark geodetic survey data to new developers and for
city construction projects at the administrative cost of providing the service, and require
in exchange, at no cost to the city, the developer and /or city project sponsors to provide
equal quality record drawings in AutoCAD drawing file format at completion of the
development and /or city project to update records reflecting survey controls of the new
development and /or city infrastructure.
C. Subdivision Records. The city engineer or his/her designee shall develop
office procedures for the safekeeping of record drawings of all recorded plats and snort
plats.
D. Management of Record Drawings. The city engineer or his /her designee
shall develop office procedures for the safekeeping of record drawings of all public
transportation, water, sanitary sewer, and storm drainage infrastructure as defined in
ACC 13.40.010.
E. Management of Right -of -Way and Easements. The city engineer or his /her
designee shall develop office procedures for the safekeeping of record drawings of all
public right -of -way, public access easements, city utility easements, cross drainage
easements, and public facilities developed and dedicated to the city.
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The acquisition of real property and relocation of inhabitants required for the
completion of city projects shall be pursuant to ACC 2.03.030 and Chapter 3.10 ACC.
The city engineer may accept easements granted to the city as part of an
approved development project or capital proiects of the city for city utilities, drainage,
slope protection, public access, and right -of -way, and may also accept public facility
extensions that are not dedicated through plats and short plats. AfteF review by the
riublin WGFks Gommiit , the city engineer may execute a release or partial release of
any city utility, drainage, temporary road, or slope protection easements that are not
needed or are no longer needed for city purposes. All other city -held easements shall
be released only by city council action, and public right -of -way easements shall be
subject to the vacation provisions set forth in Chapter 12.48 ACC, and in accordance
with Chapter 35.79 RCW. (Ord. 6312 § 1, 2010; Ord. 6265 § 2, 2009; Ord. 6258 § 1,
2009; Ord. 6013 § 1, 2006; Ord. 5042 § 1 (Exh. B), 1998.)
Section 16. Amendment to Ci Code. That Section 12.32.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.32.020 Prohibitions.
It is unlawful for any person, firm or corporation, or for any agent, representative,
servant or employee thereof, to deposit, place, erect or maintain, or cause to be
deposited, placed, erected or maintained, upon any sidewalk located in any public
street, alley or place of the city, or upon any portion of such sidewalk, any bench, chair,
rack, stand, structure, sign, merchandise or other object, except as approved by the
i en ineer, or to place, erect or maintain, or cause to he placed,
erected or maintained, over such sidewalk, or over any portion of such sidewalk, any
structure, sign or other object at such height or in such manner as to prevent or interfere
with the free and unobstructed use of all of such sidewalk by pedestrians. (1957 code §
8.18.020.)
Section 17. Amendment to City Code. That Section 12.60.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.60.040 Type B short -term permit.
A. Type B is a short -term permit for uses of less than 30 days.
B. Type B permit uses include, but are not limited to, right -of -way closures for
sidewalk sales, rallies, block parties, or other similar events.
C. In the event a Type B permit involves a street, sidewalk, or parking
closure, additional fees are required per the city of Auburn fee schedule.
D. Issuance of right -of -way use permits that involve downtown, community
impacts, full street closures, or uses with policy implications shall require
sec approval of the city engineer.
E. Applicant shall be an individual or organization that does not discriminate
in regard to race, religion, color, gender, national origin, creed, age, marital status,
Ordinance No. 6532
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veteran status, disability status, or any other basis prohibited by federal, state, or local
law. (Ord. 6125 § 1, 2007; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998.)
Section 18. Amendment to City Code. That Section 12.60.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.60.050 Type C long -term permit.
A. Type C is a long -term permit for uses of 30 days to five years.
B. Type C permit uses include, but are not limited to, installation of
groundwater monitoring wells, landscaping, fences, awnings, underground storage
tanks, bus shelters, underground or overhead facilities such as fiber optic cables or
utility vaults except when a franchise or public way agreement applies, use of the right -
of -way to paint or repair a building or to stage for construction, sidewalk cafes, and
sidewalk vending units.
C. In the event a Type C permit involves a street, sidewalk, or parking
closure, additional fees are required per the city of Auburn fee schedule.
D. Issuance of right -of -way use permits that involve downtown, community
impacts, full street closures, or uses with policy implications shall require publiG Works
G-e-M. I.E. -e- approval of the city engineer.
E. Applicant shall be an individual or organization that does not discriminate
in regard to race, religion, color, gender, national origin, creed, age, marital status,
veteran status, disability status, or any other basis prohibited by federal, state, or local
law. (Ord. 6125 § 1, 2007.)
Section 19. Amendment to City Code. That Section 12.60.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.60.070 Right -of -way use permit term, extension, renewal and termination.
A. No permit term shall exceed five years unless it has been approved by the
full council.
B. The city has authority to grant a single 30 -day extension to the applicant
upon receipt of a written request, absent any known reasons for denial. Extensions of
right -of =way use permits that involve downtown, community impacts, full street closures,
or uses with policy or broad city -wide implications shall require
approval of the city engineer.
C. Once a permit has expired or been revoked, the applicant must apply for a
new permit. No permit shall be automatically renewed.
D. All right -of -way use permits are wholly of a temporary nature, and vest no
permanent rights whatsoever.
E. Right -of -way use permits are approved for the location and applicant listed
on the permit and cannot be transferred for another location or for another applicant
unless first approved by the city.
Ordinance No. 6532
October 14, 2014
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ORD.B Page 68 of 141
F. The city shall have the authority to restrict, suspend, or revoke a permit
upon 30 days' notice; provided, however, the city shall have the authority to immediately
suspend or revoke a permit without such notice in situations that present, in the city's
determination, a health or safety hazard or constitute a public nuisance. The grounds for
restricting, suspending, or revoking a right -of-way use permit shall include, but not be
limited to:
1. Any other license or permit that the applicant is required to have for the
same use as the right -of -way use permit is not acquired or is suspended, revoked, or
canceled.
2. The applicant has violated or failed to meet any of the provisions of this
chapter or is in violation of any other ordinances or regulations of the city relating to the
use by the applicant for which the permit is applied for or issued.
3. The applicant has failed to meet the conditions of the permit.
4. The use for which the permit was approved has changed.
5. The permit was procured by fraud or misrepresentation of fact or was
issued in error or on the basis of incorrect information supplied to the city.
6. The abutting property owner or legal representative withdraws consent in
writing for a sidewalk vending unit. (Ord. 6125 § 1, 2007.)
Section 20. Amendment to City Code. That Section 14.18.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.18.030 Public hearing.
A. Upon determination of a complete application for development, other than
an individual single - family home, the director shall tentatively set a date for a public
hearing to be held before the planning and ddevelepFReFit GOMMitte city's .hearing
examiner. Every hearing held for the purposes of this chapter shall be open to the
pgblic, and a record of the hearing shall be kept and made available for public
inspection.
B. Any notice of public hearing required by this section shall include the hour,
date and location of the hearing and a description of the property. The description may
be in the form of either a vicinity location sketch or a written description other than a
legal description.
C. The planning director shall cause notice of the hearing to be given in the
following manner:
1. Notice shall be published not less than 10 days prior to the hearing in a
newspaper of general circulation within the county where the real property is located;
2. Requiring the subject property posted in accordance with the applicable
requirements of Chapter 1.27 ACC. (Ord_. 6.287 § 2, 2010; Ord. 5811 § 3, 2003; Ord.
5306 § 1, 1999; Ord. 4872 § 1, 1996.)
Section 21. Amendment to City Code. That Section 14.18.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
Ordinance No. 6532
October 14, 2014
Page 15
ORD.B Page 69 of 141
14.18.054 Planning and development GGmFn itteeH earing examiner.
The P14RRi^" and development .•GMmii+eehearing examiner, following the closure
of the public hearing, shall recommend to the city council that the city sign a
development agreement with the applicant or to not sign a development agreement with
the applicant. The hearing examiner shall not
recommend approval of the development agreement unless it finds the proposal is in
conformance with the findings of fact as outlined in ACC 14.18.070(A). (Ord. 6287 § 2,
2010; Ord. 4872 § 1, 1996.)
Section 22. Amendment to City Code. That Section 14.18.060 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.18.060 City council review.
A. Upon receipt of the planning and dQev nmen4 rnmmittee'shearing
examiner's recommendation, the city council shall, at its next public meeting, approve,
remand the recommendation to the ee- hearing examiner or schedule a closed
record hearing. Any aggrieved person may request the council to conduct its own
closed record hearing. The council can only amend or reject the GOMmi es-he__ aring
examiner's recommendation.
B. If the council holds its own closed record hearing on a proposed
development agreement, the council shall consider the findings, conclusions and
recommendations of the pl MiRg oRd deyelnnment rrtmmitttm hearing examiner's public
hearing. After conducting its own closed record hearing the council may approve,
approve with conditions, reject or return the application to the applicant for corrections
or modifications.
C.. When the council makes its decision on the development agreement, it
shall pass a resolution prepared by the city attorney. A resolution prepared under this
subsection shall include formal findings of fact and conclusions supporting the decision.
If the development meets all city development standards, the findings shall affirm that
the development conforms with all applicable city development standards. If the
development agreement allows modifications from some city standards, the
Modifications shall be specified i.n the resolution. (Ord. 6287 § 2, 2010; Ord. 5785 § 1,
2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
Section 23. Amendment to City Code. That Section 14.22.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.22.040 Definitions.
A. "Amendment" means any change in the wording, context or substance of
the comprehensive plan or a change to the comprehensive land use map or any other
map contained or referenced within any plan chapter or element.
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Page 70 of 141
B. "Area -wide map amendment" means an amendment to the
comprehensive land use map involving four or more contiguous or adjacent parcels
under different ownership that would be similarly affected by a proposed map
amendment.
C. "City- initiated planning program " means a planning program begun by
resolution of the city council, ,n„ ^its. ^^U^^i' GGrn itt °a or the planning commission,
addressing a geographic sub -area of the city's urban growth area (such as a special
area plan) or addressing a specific functional area (such as a utility plan).
D. "Directors' means the director of the department of planning and
development or his/her designee.
E. "Docket" means a list of suggested amendments to the comprehensive
plan maintained by the director.
F. "Planning commission" is an appointed group serving in an advisory
capacity to the city council as specified in Chapter 2.45 ACC. (Ord. 6287 § 2, 2010; Ord.
6172 § 1, 2008.)
Section 24. Amendment to City Code. That Section 14.22.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.22.080 Docketing.
A. In accordance with RCW 36.70A.470, suggested changes to the
comprehensive plan which are not specific to any site may be submitted by any
individual, organization or general or special purpose government and shall be
coordinated by the director. The director shall create appropriate forms for such
submittals that require the submittal to address the criteria outlined in subsection C of
this section. The list shall be known as the "docket" and is the means to suggest a
change or identify a deficiency in the comprehensive plan. An item may be submitted to
the docket at any time during the calendar year. There is no fee associated with
submitting an item to the docket.
B. Annually, the director shall review such suggestions with the city council e;
Gommottee there-of and determine whether to direct them to the planning commission for
consideration. The city council OF v^vmn„ ttee th of may decline to consider any item
from the docket.
C. Proposed a_mendme.nts on the docket may be considered appropriate for
action if the following criteria are met:
1. A proposed comprehensive plan text amendment addresses a matter
appropriate for inclusion in the plan;
2. The proposal demonstrates a strong potential to serve the public interest
by implementing specifically identified goals and policies of the plan;
3. The proposal addresses the interests and changed needs of the entire city
as identified in the plan;
4. The proposal does not raise policy or land use issues that are more
appropriately addressed by an ongoing work program approved by the city council;
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Ordinance No. 6532
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ORD.B Page 71 of 141
5.. The proposal can be reasonably reviewed and evaluated, given existing
staff and budget resources; and
6. The proposal has not been voted on by the city council in the last three
years. This time limit may be waived by the city council if it is demonstrated that there
exists either an obvious technical error or a change in circumstances that justifies the
need for the amendment.
D. Any item o.n the docket that is not determined to be appropriate for action
may be proposed under ACC 14:22.090, provided it is timely and properly filed. (Ord.
6172 § 1, 2008.)
Section 25. Amendment to City Code. That Section 14.22.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.22.090 Proposals for amendments.
A. Privately Initiated Amendments. A proposed amendment to the
comprehensive plan, other than docketing pursuant to ACC 14.22.080, may be
submitted by any individual, organization, corporation or partnership; general or special
purpose government other than the city; or entity of any kind; provided, that if the
proposal involves specific real property, the property owner has provided written
consent to the proposal.
B. City - Initiated Amendments. The city council ^rte °° - ther°ef -or the
planning commission may initiate a planning program or any type of amendment to the
comprehensive plan, regardless of whether site - specific or area -wide in scope.
C. Application. Except for city- initiated planning programs or individual
amendments, all proposed amendments shall be submitted to the director on an
approved form, together with required filing fees. An environmental checklist shall also
be submitted if required. A proposed amendment request shall include the following
information:
1. Name, address, phone number and e-mail address of the applicant and
contact person and written consent of the property owner if the proposal affects specific
property;
2. If the amendment concerns specific property, both a general description
and legal description of the property;
3. A description of the plan amendment being requested;
4. Written statements addressing the purpose of the amendment, why it is
being requested, and how it is consistent with the criteria listed in ACC 14.22.110;
5. If the request is for an amendment to the comprehensive land use map,
an indication of what concurrent change in zoning is also being requested.
D. Department Report. The director shall prepare an assessment and
recommendation on all proposed amendment requests and include this within a report
that - evaluates all requests concurrently. (Ord. 6172 § 1, 2008.)
Ordinance No. 6532
October 14, 2014
Page 18
ORD.B Page 72 of 141
Section 26. Amendment to City Code. That Section 16.08.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
16.08.020 Definitions.
As used in this chapter:
A. "Act" means the Shoreline Management Act of 1971 (Chapter 90.58
RCW) and state departmental regulations pursuant thereto, including any amendments
thereto.
B. „
see_RGil-
G. 'Definitions by reference" means the definitions and concepts set forth in
Chapter 6 of the Auburn shoreline master program attached to the ordinance codified in
this chapter, the Act (RCW 90.58.030), and state departmental definitions (WAC 173-
27 -030 and 173 -27 -250) adopted pursuant thereto which shall also apply as used in this
chapter as they would pertain to shorelines within the city limits.
PC. "Director" means the director of the depaFtment of planning a
community development and public works of the city, or his/her duly authorized
designee. (Ord. 6287 § 2, 2010; Ord. 6235 § 1, 2009; Ord. 6095 § 1, 2008; Ord. 4840 §
1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 71, 1985; 1957 code § 11.94.020.)
Section 27. Amendment to City Code. That Section 17.02.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council, ,Gr the pl nRiRg and development Gemmi#ee of the nity
seusi� upon its own motion may request the planning commission to conduct a public
hearing to amend any portion or all of this title; provided, that no public hearing is
required for a purely administrative or procedural amendment of any portion of this title;
2. The planning commission may upon its own motion call for a public
hearing to amend any portion or all of this title, with the exception of purely
administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request
an amendment to the text of this title.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the
planning director shall schedule a public hearing to be held before the planning
commission for any proposal to amend this title or to adopt or repeal any ordinance
under the authority established by Chapter 58.17 RCW. The director shall cause notice
of such hearing to be given as follows:
a. By sending to any individual or organization which has submitted a
request for notification a notice indicating the time and place of public hearing,
Ordinance No. 6532
October 14, 2014
Page 19
ORD.B
Page 73 of 141
describing the general nature of the proposal, and indicating how copies of the
proposed ordinance or amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice
indicating the time and place of public hearing, describing the general nature of the
proposal, and indicating how copies of the proposed ordinance or amendment may be
obtained.
2, For all proposals to make purely administrative or procedural amendments
to this title, the planning director shall cause notice of such proposed amendment to be
given as follows:
a. By sending to any individual or organization which has submitted a
request for notification advance notice of the proposed amendment that indicates how
copies of the proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance
notice of the proposed amendment that indicates how copies of the proposed
amendment can be obtained.
3. For the purposes of this section, substantive amendments shall be
distinguished from procedural or administrative amendments in accordance with the
following: substantive matters relate to regulations that define or limit what can be done
in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development), and procedural or administrative matters are those
that relate to the process of how an application to take such action must be pursued
(e.g., time limits for applications and appeals, what forms must be used, and where or
how applications must be submitted. Essentially, procedural or administrative matters
are the mechanical rules by which substantive issues may be pursued).
C. Planning Commission Recommendation. After the public hearing has
been closed, the planning commission shall recommend to the council either adoption,
adoption with modifications, or rejection of the proposed ordinance or amendment. In
formulating its recommendation, the commission shall consider, among other things, the
relationship between the proposed ordinance or amendment and the comprehensive
plan, other applicable city policies, and other existing land use controls.
D. City Council Action. The planning director shall forward the planning
commission's recommendation, in writing, to the council. The council may elect to hold
its own public hearing, , in
which case the city clerk shall cause adequate notice to be given. The council shall
consider, but shall not be bound by, the planning commission's recommendation in
reaching its own decision. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)
Section 28. Amendment to City Code. That Section 18.08.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
18.08.090 Amendments.
Amendments to this chapter may be initiated by the city, the proponent, or the
proponent's successor, and shall occur as follows:
Ordinance No. 6,532
October 14, 2014
Page 20
ORD.B Page 74 of 141
A. The p4nninq—d i rector e+-of community development and public works
,.,
their area Of recur ensihiRy may interpret the words and meaning of certain
conditions in order to resolve conflicts in implementation. All words in the ordinance
codified in this chapter shall carry their customary and ordinary meaning.
B. If changes to the language of the ordinance codified in this chapter are
required, such proposed changes shall be reviewed by the planning and deyelopmen+
GaFnFnmttee of the Gity `, eF its suGoessoF director of community development and
public works. if, in the estimation of the director of community development and public
works_, the proposed change is minor, then the rVe—m "i**ee sham" m6 l% a
FeGG m MmeRd.#GR,proposed change shall be forwarded directly to the city council for its
consideration. If, in the estimation of the director of community development and public
works, the change is major, the wme ro osed change shall be fefefreferred to
the rhaRge +n the hearing evamin� planning commission_w__ hick �nr m�inr nh -nnec 4he
e., —shall conduct a public hearing and make a recommendation to the city
council. (Ord. 6382 § 2, 2011.)
Section 29. Amendment to City Code. That Section 18.29.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
18.29.070 Design standards.
Adopted by reference are the "Downtown Auburn Design Standards" and the
"Auburn Junction Design Standards," a copy of which shall be maintained by the city
clerk. These documents contain standards for development of the built environment in
the DUC zone,. The director shall have the authority to apply the standards to specific
development proposals. These standards may be amended upon approval by the
planning and nbrnri* f i y d6yiel9pMen+ GOF1 mittee of the Aw b ern amity council. (Ord. 6419
§ 2, 2012; Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh. A), 2007.)
Section 30. Amendment to City Code. That Section 18.68.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
18.68.020 Initiation of amendments.
A. Zoning Map.
1. One or more property owners of the parcel may submit an application
requesting a reclassification of the parcel;
2. The city councils ral^r.ning and development G� +ham
, upps own motion may request the planning commission or hearing examiner
to conduct a public hearing on the reclassification of a parcel or parcels of property;
3. The planning commission may upon its own motion cali for a public
hearing on the reclassification of a parcel or parcels of property.
B. Text.
1. The city council, er pIaRRinry__and devetoPF:ReR+ G9FRFRi#pe of the Git,�
may request the planning commission to conduct a public
Ordinance No. 6532
October 14, 2014
Page 21
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hearing to amend any portion or all of this title; provided, that text amendments that are
purely administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public
hearing to amend any portion or all of this title, with the exception of purely
administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request
an amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be
distinguished from procedural or administrative amendments in accordance with the
following: "Substantive" matters relate to regulations that define or limit what can be
done in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those that relate
to the process of how an application to take such action must be pursued (e.g., time
limits for applications and appeals, what forms must be used, and where or how
applications must be submitted. Essentially, "procedural" or "administrative" matters are
the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2,
2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 §
2, 1987.)
Section 31. Amendment to City Code. That Section 18.76.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
18.76..080 Public infrastructure requirements.
The applicant for the PUD must provide all necessary public facilities to include,
as a minimum, the following:
A. Dedication of Public Utilities. Public utilities being provided by the city
must be dedicated to the city unless allowed to be private by the city.
B. Water, Sewer and Drainage Facilities. All water, sanitary sewer and
drainage facilities must be constructed and installed in accordance with applicable city
codes and standards, including design criteria, construction specifications, operational
criteria, and approved engineering submitt_ als.
C. Underground Facilities. All public utilities must be placed underground
except those that by their nature must be on or above ground, such as streets, fire
hydrants, power vaults, telephone pedestals and open watercourses. The applicant is
responsible for making the necessary arrangements with the appropriate entities for the
installation of such services.
D. Streets.
1. All streets must be constructed to the city's standards. Variations from
minimum standards for pavement and right -of -way widths or other dimensional or
construction standards may be permitted when special design features of the PUD or
topographic considerations warrant the variation. The applicant must submit a written
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Ordinance No. 6532
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justification for any proposed variation along with evidence that the minimal functional
requirements of the proposed street improvements are being met. The city engineer
shall review the proposed variation and shall determine if the minimal functional
requirements are being met and shall make a recommendation to the citv council Jis
WGFkr:. GeMIMIiUPP whether the variation should be approved. The
^ttee city council shall act upon the request and may require conditions of
approval to ensure the minimal functional requirements are being met.
2. Private streets may be permitted within the PUD provided they meet the
following criteria:
a. Use of the private street is limited to those accessing property within the
planning area or immediately adjacent to the planning area and is not needed by non -
PUD residents to travel from one public street to another. The design of the private
street shall be such that it will discourage any through traffic that is not related to the
planning area itself:
b. The minimum pavement width for private streets shall be 28 feet;
provided, that on- street parking is allowed only on one side of the street or 20 feet for
alleys. The roadway section pavement depth for asphalt, crushed rock, and gravel base
and the material specifications of these materials shall be the same as Auburn
standards for public streets. Additional width may be required if determined to be
needed to provide adequate circulation for the residents of the PUD. Factors to be
considered include but are not limited to providing emergency equipment access,
preventing conflicts between pedestrians and vehicle traffic, on- street parking, number
of units, the need for sidewalks and bike paths. The pavement width and construction
standards, to include but not limited to illumination, signing, storm drainage, curbs,
gutters, channelization, e.g., shall be determined by the city engineer at the time of
preliminary plat or site plan approval. Private streets and/or access tracts and shared
driveways that provide a second or additional access to lots /units shall be constructed
to standards, as determined by the city engineer, considered to be appropriate for the
situation. Factors to be considered include the number of units served, emergency
access and traffic circulation.
C. All sites served by a private street greater than 600 feet in length shall
have at least two access connections to a public street and provide for adequate
emergency equipment access.
d. A legally incorporated property owners' association assumes the
responsibility and cost to repair and maintain the proposed private streets. If the
association fails to maintain the street, the by -laws of the association give the city the
right to maintain the street and charge the cost of the maintenance, including any
administrative costs, to the association members.
e. The by -laws establishing the association must state that if future owners
should request that private streets be changed to public streets, then the owners fully
agree that, before acceptance of such streets by the city, the owners will bear full
expense of reconstruction or any other action necessary to make the streets
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Ordinance No. 6532
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substantially consistent to the requirements of public streets, applicable at that time.
(Ord. 5092 § 1, 1998.)
Section 32. Amendment to City Code. That Section 20.04.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
20.04.030 Notice of complete application and scheduling of publir. heaF meeting.
A. Within 30 calendar days after receipt of the public way agreement
application, the city will complete review of the application to determine whether the
application contains sufficient information as outlined in ACC 20.04.020 to proceed with
processing. If during the 30- calendar -day review period, the city engineer determines
that the application is incomplete, the city engineer will issue a letter to the applicant
specifying the additional information necessary to 'complete the application. The
applicant will be given 30 calendar days to respond to the request for additional
information. Once the additional information is received by the city, an additional 14
calendar days will be allowed to determine whether the application is complete. Once
the application is determined complete, written notice will be provided following the
procedure outlined in this subsection. If the applicant needs additional time to respond,
the applicant may request up to an additional 30 calendar days. If a response is not
timely received, the application will be returned to the applicant with a notice that the
application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. When satisfied that the application is complete, the city engineer will notify
the applicant in writing that the application is complete and inform the applicant of -the
schedule for consideration by the
rlatermineS -that the - application merits a certarate publin hearing, it Shall ronnmri;eRd t.-.
#1 a -city council that it GGhb ule a publiG hearing. The city clerk Will notify the applicant in
writing of the scheduled hea meeting. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Section 33. Amendment to City Code. That Section 20.06.030 of the
Aubum City Code be, and the same hereby is, amended to read as follows:
2.0.06.030 Notice of complete application and scheduling of public hearing.
A. Notice of Complete Application. Within 30 calendar days after receipt of
the franchise application, the city will complete review of the application to determine
whether the application contains sufficient information as outlined in ACC 20.06.020 to
proceed with processing.. If during the 30- calendar -day review period, the city engineer
determines that the application is incomplete, the city engineer will issue a letter to the
applicant specifying the additional information necessary to complete the application.
The applicant: will be given 30 calendar days to respond. Once the additional
information is received by the city, an additional 14 calendar days will be allowed to
determine whether the application is complete. Once the application is determined
complete, written notice will be provided: If the applicant needs additional time to
Ordinance No. 6532
October 14, 2014
Page 24
ORD.B Page 78 of 141
respond the applicant may request up to an additional 30 calendar days. If a response
is not timely received, the application will be returned to the applicant with a notice that
the application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. Scheduling of Public Hearing. When satisfied that the application is
complete, the city engineer will notify the applicant in writing that the application is
complete and inform the applicant of the schedule for consideration by the
GOMM
Fe GGiniT emding set n
"Tthe �7ublIG TheaTi by the ity council. Cn, Rre sa. isfie dd .ten to thr
FesE)FnFnend- that�Git ' GGURGil set -the date feF the pubk h°ngThe city council will
schedule the hearing and the city clerk will notify the applicant in writing of the
scheduled hearing. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Section 34. Amendment to City Code. That Section 20.08.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
20.08.030 Notice of complete application and scheduling of public hearing.
A. Within 30 calendar days the city will complete an initial review of the
application to determine whether the application contains sufficient information as
outlined in ACC 20.08.020 to proceed with processing. Once satisfied that the proposal
is clear, the mayor will appoint a negotiation team to meet with the applicant and
determine whether additional information is needed. The team shall as a minimum
consist of the finance director, a legal representative, and the department director
affiliated with the property being considered for lease. If during the 30- calendar -day
review period, the application is deemed incomplete, the city will issue a letter to the
applicant specifying the additional information necessary in order to proceed with
processing. The applicant will be given 30 calendar days to respond. Once the
additional information is received by the city, an additional 14 calendar days will be
allowed to determine whether the application is complete. Once the application is
determined complete, written notice will be provided. If a response is not timely
received, the application will be returned to the applicant with a notice that the
application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. When .satisfied that the application is complete, the finance director will
issue a letter of completeness and notifying the applicant of the -oohed le the issue wiii
process for consideration of the matter by the city council. Once
the te6M retu M tG the Gll.Y mittee With a an acceptable draft lease agreement has been
prepared, the ,
-- - - - - - - - - - - - - -
Ordinance No. 6532
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ORD.B Page 79 of 141
seunG4 -city clerk will schedule #te- -a hearing before the city council, and the city clerk
will notify the applicant in writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord.
5034 § 1, 1998.)
Section 35. Amendment to City Code. That Chapter 2.06 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
Sections:
2.06.010
2.06.020
2.06.030
2.06.040
2.06.945
2.06.050
2.06.060
Chapter 2.06
CITY COUNCIL'
Meetings - Time..
Meetings - Place.
Regular meetings.
Special meetings.
Meetings - Attendance failure - Office forfeiture.
Rules of procedure of the city council.
2.06.010 Meetings.- Time.
A. Regular Ci Council Meetings. Commencing with the first regular council
meeting in January, 45842015, the city council shall hold regular meetings on the first
and third Mondays of each month, at -7- :-397:00 p.m. .
p:r�; provided, however, that when the day fixed for any regular meeting of the council
falls upon a day designated by law as a legal or national holiday, such meetings shall be
held at the same hour on the next succeeding day not a holiday.
B. Council Study Sessions. The city council shall hold, as regular meetings,
study sessions on the second, fourth and fifth Mondays of each month, at 5:30 p.m.;
provided, however, that when the day fixed for any regular meeting of the council falls
upon a day designated by law as a legal or national holiday, such meetings shall be
held at the same hour on the. next succeeding day not a holiday. (Ord. 5802 § 1, 2004;
Ord. 3916 § 1, 1983; 1957 code § 1.04.010.)
2.06.020 Meetings - Place.
Except as specifically set in locations in Auburn other than at city all for
particular meetings, and with appropriate public notice, AJk-all regular meetings of the
city council, including regular council meetings and study sessions, shall be held in the
council chambers situated in the City Hall building, 25 West Main Street, Auburn, King
' For statutory provisions on council meetings in code cities, see RCW 35A.12.110 and 35A.1.2.120; for
provisions on forfeiture of office, see RCW 35A.12.060.
Ordinance No. 6532
October 14, 2014
Page 26
ORD. B Page 80 of 141
County, Washington, and shall be open to the general public. (Ord. 5802 § 1, 2004;
Ord. 3759 § 1, 1982; 1957 code § 1.04.020.)
2.06.030 Regular meetings.
Regular meetings of the city council shall be held on the times and dates as may
be heretofore or hereafter set forth by ordinance. (Ord. 5802 § 1, 2004; 1957 code §
1.04.060.)
2.06.040 Special meetings.
Special meetings of the city council may be called by the mayor or any three
members of the council by written notice delivered to each member of the council at
least 24 hours before the time specified for the proposed meeting; provided, however,
that no ordinance or resolution shall be passed, or contract let or entered into, or bill for
the payment of money allowed, at any special meeting unless public notice of such
meeting has been given by such notice to the local press, radio and television as will be
reasonably calculated to inform the city's inhabitants of the meeting. Special meetings
of the city council may be at city hall or locations within or outside of the city limits;
provided that no final action may be taken by the city council at such meetings unless
located _within .the city limits. (Ord. 5802 § 1, 2004; 1957 code § 1.04.070.)
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2.06.050 Meetings — Attendance failure — Office forfeiture.
A councilmember shall forfeit his/her office if he/she fails to attend three
consecutive regular meetings of the council without being excused by the mayor. (Ord.
5802 § 1, 2004; Ord. 2907 § 2, 1976.)
2.06.060 Rules of procedure of the city council.
The rules of procedure of the city council of- Auburn, Washington, shall be as
Ordinance No. 6532
October 14, 2014
Page 27
ORD.B Page 81 of 141
approved by a majority vote of the city council. (Ord. 5802 § 1, 2004.)2
Section 36. Repeal of Section of City Code. That Section 12.20.050 of
the Auburn City Code be, and the same hereby is, repealed.
Section 37. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 38. 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 i.nvalidity 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 39. 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, and
on January 1, 2015.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
2 The rules of procedure of the city council are adopted by reference as Exhibit "A" to Ordinance 5802,
and amended by Resolution No. 4282, Resolution No. 4429, Resolution No. 4467, Resolution No. 4615,
Resolution No. 4686, Resolution No. 4740, Resolution No. 4813, Resolution No 4909 and Resolution No.
5105, and may be found on file in the city clerk's office.
Ordinance No. 6532
October 14, 2014
Page 28
ORD.B Page 82 of 141
" 0 j;` • 'O
I
414CDM
Published:
Ordinance No. 6532
October 14, 2014
Page 29
ORD.B Page 83 of 141
TEXT OF REPEALED CODE SECTION
Section 36 of Ordinance 6532
12.20.050 Width. [DRIVEWAYS]
Unless deviation is granted by the public works committee of the city council, the
widths shall be in conformance with the city of Auburn design and construction
standards and the city of Auburn construction details. (Ord. 5143 § 1, 1998; Ord. 3866 §
2, 1983; Or. 2980 § 1, 1976; 1957 code § 8.14.040.)
--------- - - - - --
Ordinance No. 6532
October 14, 2014
Page 30
ORD.B Page 84 of 141
C i..i,y C�1:
VVAS p � I N G "i'(
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 6536 October 28, 2014
Department: Attachments: Budget Impact:
Administration Ordinanw No. 6536 $0
Administrative Recommendation:
City Council adopt Ordinance No. 6536.
Background Summary:
This Ordinance came out of a discussion by Councilmembers in addressing issues
related to the study session format, where certain items and tasks were determined to
be more logically or more conveniently handled administratively rather than requiring
legislative action by the City Council. Among those tasks is making the Mayor
responsible (rather than the City Council) for disposing of surplus personal property.
The City Council would still retain responsibility for decisions relating to surplus real
property.
Reviewed by Council Committees:
Council Operations Committee Other: City Council
Councilmember: Wagner Staff: Heid
Meeting Date: November 3, 2014 Item Number: ORD.0
ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 85 of 141
ORDINANCE NO.6 5 3 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 2.03.030 OF THE AUBURN CITY CODE
RELATING TO THE SURPLUSING OF PERSONAL
PROPERTY OF THE CITY
WHEREAS, the current provisions of the Auburn City Code do not
address administrative responsibilities for surplusing property that is no longer
needed by the City or has reached the end of its useful life for City purposes; and
WHEREAS, it would be appropriate in handling the administrative duties
relating to surplusing property to distinguish the treatment for personal property,
as opposed to real property, by allowing the Mayor to determine, declare and
handling surplusing responsibilities of personal property that is no longer needed
by the City or has reached the end of its useful life for the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 'f. Amendment to City Code. That section 2.03.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
2.03.030 Powers and duties generally.
A. The mayor shall be the chief executive and administrative officer of the
city, in charge of all departments and employees, with authority to designate
assistants and department heads. The mayor may appoint and remove an
executive assistant to the mayor, if so provided by ordinance or charter. The
mayor may remove members of advisory boards and commissions in accordance
with Chapter 2.30 ACC. He or she shall see that all laws and ordinances are
faithfully enforced and that law and order is maintained in the city, and shall have
general supervision of the administration of city government and all city interests.
B. The mayor shall also be authorized to negotiate the terms of and/or
award contracts falling within the scope of the mayor's authority pursuant to ACC
3.10.020, as it currently exists or as it may be amended hereafter. Contracts that
fall within the scope of the mayor's authority pursuant to ACC 3.10.020 may, but
Are not required to be, taken to the city council for approval as a part of the city
Ordinance No. 6536
October 2, 2014
ORDPISge 1 of 4
Page 86 of 141
council consent agenda or may, but are not required to be, taken to the city
council for information. All official bonds and bonds of contractors with the city
shall be submitted to the mayor or such person as he or she may designate for
approvai or disapproval. He or she shall see that all contracts and agreements
made with the city or for its use and benefit are faithfully kept and performed, and
to this end he or she may cause any legal proceedings to be instituted and
prosecuted in the name of the city, subject to approval by majority vote of the
council. 'The mayor shall also be authorized to negotiate agreements and
execute all documents necessary to complete the acquisition of real property and
the relocation of inhabitants required to complete city projects failing within the
scope of the mayor's authority pursuant to ACC 3.10.020.
C. The mayor shall preside over all meetings of the city council, when
present, but shall have a vote only in the case of a tie in the votes of the council
members: He or she shall report to the council concerning the affairs of the city
and its financial and other needs, and shall make recommendations for council
consideration and action.
D. The mayor shall prepare and submit to the council a proposed budget,
as required by Chapter 35A.33 RCW.
E. The mayor shall have the power to veto ordinances passed by the
council and submitted to him or her as provided in RCW 35A.12.130, but such
veto may be overridden by the vote of a majority of all council members plus one
more vote.
F. The mayor shall be the official and ceremonial head of the city and shall
represent the city on ceremonial occasions, except that when illness or other
duties prevent the mayor's attendance at an official function and no deputy
mayor has been appointed by the council, a member of the council or some other
suitable person may be designated by the mayor to represent the city on such
occasion.
G. The mayor is also empowered, in extraordinary and compelling
circumstances, to reduce or waive some or all of any city fee or charges when
the mayor finds in his or her sole discretion that such reduction or waiver is
necessary to provide support for the poor or infirm, in amounts of up to
$10,000.00 per incident or occasion; provided, that this authorization shall not
apply to fees or charges for which state lain+ prohibits reduction or waiver.
H. The mayor is also authorized to exempt the city from paying the
charges or fees , otherwise applicable to city projects, developments or
applications where the charge or fee would be paid out of one of the city's
governmental funds (including the general fund and those funds supported by the
general fund) and the fund that would receive such payment, were it paid, is also
one of the city's governmental funds (including the general fund and/or any of the
funds supported by the general fund); and the mayor is also authorized to
exempt the city from paying the charges or fees otherwise applicable to city
projects, developments or applications where the charge or fee would be paid out
of one of the city's enterprise funds and the fund that would receive such
payment, were it paid, is the same enterprise fund.
Ordinance No. 6536
October 2, 2014
ORD�ege 2 of 4
Page 87 of 141
I. The mayor is also empowered to develop and bring to the city council for
approval pilot programs that promote and encourage the city council's goal of
sustainability, as stated in Resolution No. 4368, seeking to balance and support
the needs of the community, the environment, the economy, and the needs of
future generations, which pilot programs may offsettalleviate current code
requirements in exchange for strategies and methodologies that accomplish the
intended purposes of the city codes and the goals of sustainability.
J. The Mayor is also empowered to identify, declare and dispose of
personal property (not real property) when no longer needed by the city or when
otherwise appropriate for replacement, which_ surplus action shall be in
conformity with city policy. (Ord. 6312 § 1, 2010; Ord. 6192 § 1, 2008; Ord. 6191
§ 1, 2008; Ord. 6163 § 1, 2008; Ord. 6051 § 1, 2006; Ord. 5914 § 1, 2005; Ord.
5803 § 1, 2003; Ord. 5583 § 1, 2001; Ord. 2943 § 11 1976.)
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED:
PASSED:
►_Tt, Jl:Z9171 :1 �l
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
Ordinance No. 6536
. pOctober 2, 2014
ORU.ege 3 of 4
Page 88 of 141
APPROVED Ai� FORM:
-:�- • �
Published:
Ordinance No. 6536
October 2, 2014
ORDP6 e 4 of 4
Page 89 of 141
'Alu,BURN
VVAS p � I N G "i'(
Agenda Subject:
Ordinance No. 6537
Department:
Community Development &
Public Works
AGENDA BILL APPROVAL FORM
Attachments:
w;
Administrative Recommendation:
City Council adopt Ordinance No. 6537.
Background Summary:
Date:
October 14, 2014
Budget Impact:
$0
Chapter 58.17 of the Revised Code of Washington establishes the legal foundation
and framework for subdividing land in Washington State. This statute uses the terms
"subdivision" and "short subdivision" to describe the two primary types of land
division. A subdivision is defined as a division or redivision of land into 5 or more lots,
tracts, parcels or sites. A short subdivision is defined as a division or redivision of
land into 4 or fewer lots, tracts, parcels or sites.
RCW 58.17.033 requires that jurisdictions establish land division procedures within
their local city code. The City of Auburn has adopted Title 17 which sets forth the
City's land division procedures. Currently, Title 17 of the Auburn City Code provides a
definition for subdivision and short subdivision that is consistent with that established
in Chapter 58.17 RCW.
The proposed amendment will allow greater flexibility and promotion for infill
development by allowing short subdivisions up to nine lots rather than the current limit
of four lots. Short subdivisions are an administrative process rather than a hearing
examiner decision. Public notice will still be given for short plat applications so
adjacent property owners have the opportunity to comment on a proposal. While
there are a number of procedural and cost differences between subdivisions and short
subdivisions, there are no differences in the development standards that must be
adhered to in order to obtain approval or the manner in which land may be used once
the land division is complete. Both types of land divisions are required to comply with
all of the same requirements for density, provision of public improvements (e.g.
sidewalks, streets, utilities, etc.), land use, building, protection of environmental
features, etc.
ORD.D AUBURN * MORE THAN YOU IMAGINED Page 90 of 141
The Planning Commission held a public hearing on October 7, 2014 on the proposed
code amendment that would amend the threshold for short subdivisions. There was
no public testimony during the public hearing. Staff recommended approval of the
proposed code amendment and the Planning Commission concurred recommending
approval to the full City Council.
At the October 13, 2014 Planning and Community Development Committee meeting,
the Committee reviewed the Planning Commission's recommendation and moved the
code amendment forward to full City Council with a recommendation of approval.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal, Planning
Commission
Councilmember: Holman Staff: Snyder
Meeting Date: November 3, 2014 Item Number: ORD.D
ORD.D AUBURN * MORE THAN YOU IMAGINED Page 91 of 141
ORDINANCE NO. 6 5 3 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
17.09.010 OF THE AUBURN CITY CODE RELATED TO
SHORT PLAT THRESHOLDS
WHEREAS, from time to time, amendments to the City of Auburn subdivision
code are appropriate, in order to update and better reflect the current use regulations
and development needs of the City; and
WHEREAS, at this time, amendment to the City of Auburn subdivision code is
appropriate in order to accommodate changes in the policy guidance of the City's
Comprehensive Plan; and
WHEREAS, the purpose of the amendment to the City Code provided herein is to
better respond to the market place regarding development within the City; and
WHEREAS, Chapter 58.17 of the Revised Code of Washington (RCW)
establishes the legal foundation and framework for subdividing land in Washington
State; and
WHEREAS, RCW 58.17.033 requires that jurisdictions establish land division
procedures within their local city code and the City of Auburn has adopted Title 17 of the
City Code, which sets forth the City's land division procedures; and
WHEREAS, RCW 58.17.020 defines a short subdivision as four or fewer lots, but
authorizes the legislative authority of any city or town to adopt, by local ordinance, an
increase, to a maximum of nine, the number of lots, tracts, or parcels to be regulated as
short subdivisions; and
Ordinance No. 6537
October 28, 2014
Page 1
ORD.D Page 92 of 141
WHEREAS, this code amendment was subject to environmental review process
under the Washington State Environmental Policy Act (SEPA); a Determination of Non -
Significance (DNS) was issued September 24, 2014, and the City observed a fourteen -
day public comment period, and the City did not receive any comments in response to
notice of the public comment period; and
WHEREAS, the proposed code amendment was considered by the Planning
Commission at a duly noticed public hearing on October 7, 2014, and after the close of
the public hearing the Planning Commission forwarded a recommendation for approval
to the City Council; and
WHEREAS, the proposed code amendment was then reviewed by the Planning
and Community Development Committee of the City Council on October 13, 2014, and
the Committee recommended approval to the full City Council of the code change as
recommended by the Planning Commission; and
WHEREAS, the City Council determined, in light of the recommendations it
received, that the following code changes are in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Amendment to City Code. That section 17.09.010 of the
Auburn City Code entitled "Development Standards" is hereby amended as follows:
17.09.010 General provisions.
Every short subdivision shall comply with the provisions of this chapter. Land
shall be divided by the short subdivision method according to the provisions of
this title, if the three following criteria are met:
A. The division will not result in the creation of more than feew—nine
lots.
B. The original tract being divided has not been created by a short
subdivision within the previous five years, except that when the short subdivision
Ordinance No. 6537
October 28, 2014
Page 2
ORD.D Page 93 of 141
contains fewer than feuFnine parcels, a revised short subdivision may be filed
within the five -year period to create up to a total of few -nine lots within the
original short subdivision boundaries.
C. The entire original tract (except adjacent platted or short subdivided
land) shall be included within one short subdivision application; provided, that a
pre- existing, unplatted adjacent parcel may also be excluded if it is 20 acres or
greater in size. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006; Ord. 5164 § 1, 1998;
Ord. 4840 § 1, 1996; Ord. 4.296 § 2, 1988. Formerly 17.14.010).
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to ca.rry out the directions of this
legislation.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6537
October 28, 2014
Page 3
ORD.D Page 94 of 141
rtl W*l MAIM
`:
OMI
PUBLISHED:
---------------------------------
Ordinance No. 6537
October 28, 2014
Page 4
ORD.D Page 95 of 141
Zoning Code Amendment —
Staff Report to Planning Commission
Amendment to Chapter 17.09 Short Subdivisions
ZOA14 -0005
I. GENERAL INFORMATION:
Chapter 58.17 of the Revised Code of Washington establishes the legal foundation and
framework for subdividing land in Washington State. This statute uses the terms
"subdivision" and "short subdivision" to describe the two primary types of land division. A
subdivision is defined as a division or redivision of land into 5 or more lots, tracts, parcels or
sites. A short subdivision is defined as a division or redivision of land into 4 or fewer lots,
tracts, parcels or sites.
RCW 58.17.033 requires that jurisdictions establish land division procedures within their
local city code. The City of Auburn has adopted Title 17 which sets forth the City's land
division procedures. Currently, Title 17 of the Auburn City Code provides a definition for
subdivision and short subdivision that is consistent with that established in Chapter 58.17
RCW.
II. SEPA STATUS:
Pursuant to WAC 197 -11- 800(6), non - project actions such as code amendments are not
exempt from environmental review. The City issued a Determination of Non - Significance
September 24, 2014. The comment period ends October 8, 2014 and the appeal period
ends on October 26, 2014.
III. FINDINGS OF FACT:
1. The intent of the proposed code amendment is to raise the City's short subdivision
threshold from 4 or fewer lots to nine or fewer lots as permitted under RCW 58.17.
2. In 2002 the State Legislature modified the definition of short subdivision to allow City's
planning under the State Growth Management Act to increase the short subdivision
threshold from 4 or fewer lots to 9 or fewer lots.
3. The process for zoning code text amendments is described in ACC Chapter 18.68:
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its
own motion may request the planning commission to conduct a public hearing to amend
any portion or all of this title; provided, that text amendments that are purely
administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 1
ORD.D Page 96 of 141
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: "Substantive"
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development, what public infrastructure may be required of certain developments), and
"procedural" or "administrative" matters are those that relate to the process of how an
application to take such action must be pursued (e.g., time limits for applications and
appeals, what forms must be used, and where or how applications must be submitted.
Essentially, "procedural" or "administrative" matters are the mechanical rules by which
substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the
city council who may or may not conduct a public hearing.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, at least 10 days prior to the public hearing and by posting
the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper
of general circulation in the area, prior to the public hearing and by posting the notice in
three general public locations.
4. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan as identified in the conclusion section of this staff report.
5. Pursuant to WAC 197 -11- 800(6), non - project actions such as code amendments are
not exempt from environmental review. The City issued a Determination of Non -
Significance September 24, 2014. The comment period ends October 8, 2014 and the
appeal period ends on October 26, 2014. As of the writing of this report, no comments
have been received.
6. Pursuant to RCW 36.70A.106, the proposed code amendments outlined in this staff
report were sent to the Washington State Department of Commerce and other state
agencies as required for the 60 -day state review required for modification of
development regulations. The amendments were sent on October 1, 2014 and
expedited review was requested under RCW 36.70A.106(3)(b). The Department of
Commerce acknowledged receipt on October 1, 2014. Expedited review has not been
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 2
ORD.D Page 97 of 141
granted as of the writing of this staff report. If the expedited review request is denied
then the standard 60 -days applies from the submittal date of October 1, 2014.
7. Planning Commission reviewed the draft code amendments at the regular September 3,
2014 meeting.
8. The public hearing notice was published on September 26, 2014 in the Seattle Times at
least 10 -days prior to the Planning Commission public hearing scheduled for October 7,
2014.
9. The following conclusions support the proposed amendment to Chapter 17.09, Short
Subdivisions, scheduled for the Planning Commission's October 7, 2014 public hearing
with a staff recommendation
IV. CONCLUSIONS:
1. Pursuant to ACC Section 18.68.020, amendments of Title 18 require a public hearing
before the Planning Commission with a public hearing notice published at least 10 -days
prior to the public hearing date.
Staff Analysis:
The public hearing notice was published in the Seattle Times on September 26, 2014
which is at least 10 -days prior to the Planning Commission public hearing scheduled for
October 7, 2014.
2. These code amendments are supported by the City of Auburn's Comprehensive Plan as
follows:
Objective 6.2. Maintain downtown as an area that uniquely serves both regional and
community needs.
Policies:
LU -23 The development of new neighborhoods should be governed by development
standards which allow some flexibility. Flexibility should be considered to encourage
compact urban development, to provide protection of critical areas and resource lands
(including, but not limited to, agricultural resource lands, cultural resources, forest
resource lands, mineral resource areas (Map 9.4) hillsides or wetlands), and to facilitate
non - motorized transportation. Increased density is achievable through flexible
development standards, if certain criteria are met, as established in city code.
LU -117 Encourage well designed infill and redevelopment projects to fully utilize
previous investment in existing infrastructure in the single family residential, moderate
density residential, and high density residential designated areas of the City.
LU -118 Reduce the consumption of undeveloped land by facilitating the redevelopment
of underutilized land and infill of vacant parcels whenever possible in the single family
residential, moderate density residential, and high density residential designated areas
of the City.
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 3
ORD.D Page 98 of 141
LU -119 Explore innovative mechanisms to encourage the more efficient use of land
including density bonuses and sale of air rights.
Staff Analysis:
The proposed amendment will allow greater flexibility and promotion for infill
development by allowing short subdivisions up to nine lots rather than the current limit of
four lots. Short subdivisions are an administrative process rather than a hearing
examiner decision. Public notice will still be given for short plat applications so adjacent
property owners have the opportunity to comment on a proposal.
While there are a number of procedural and cost differences between subdivisions and
short subdivisions, there are no differences in the development standards that must be
adhered to in order to obtain approval or the manner in which land may be used once
the land division is complete. Both types of land divisions are required to comply with all
of the same requirements for density, provision of public improvements (e.g. sidewalks,
streets, utilities, etc.), land use, building, protection of environmental features, etc.
The primary differences between a short subdivision and a subdivision are as follows:
1. Short subdivisions are administrative decisions that do not necessitate a public
hearing.
2. Subdivisions are quasi-judicial decisions that are made by the Hearing Examiner
after a public hearing.
3. Subdivisions are substantially more expensive because they incur the cost of the
Hearing Examiner's services, greater permit fees, and costs of public notice. The fee
for a Preliminary Subdivision application is $3, 000.00 plus $120.00 per lot while the
Preliminary Short Subdivision application fee is $1,449.00 plus $60.00 per lot. The
fee for a Final Subdivision application is $1,533.00 plus $52.00 per lot while the fee
for a Final Short Subdivision is $750.00 plus $25.00 per lot. In addition to the permit
fees, the applicant is required to pay for the public notification sign and for the
Hearing Examiner's costs to review the file, staff recommendation, conduct a
hearing, and write a decision. The fee for a sign is $130.00 and the Hearing
Examiner's fees are approximately $1,500.00. The following table provides a
comparison of the costs of an 8 lot land division processed under the current rules as
a subdivision and the costs if it were classified as a short subdivision:
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 4
ORD.D Page 99 of 141
8 Lot Land Division
"Subdivision"
8 Lot Land Division
"Short Subdivision"
Preliminary Application Fee (Base)
$3,000.00
$1,449.00
Preliminary Application Fee (Per Lot)
$ 960.00
$ 480.00
Final Application Fee Base
$1,533.00
$ 750.00
Final Application Fee Per Lot
$ 416.00
$ 200.00
Public Notice Sign
$ 130.00
N/A
Hearing Examiner Costs
$ 1,500.00
N/A
Total
$7,539.00
$2,879.00
Difference
+4,660.00
-4,660.00
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 4
ORD.D Page 99 of 141
4. A subdivision adds significant additional time to the project review timeframe.
Specific expanded timeframes are set forth in city code for public notification, public
comment, public hearing, issuance of a decision and appeals. At a minimum, a
subdivision will add approximately 90 days to the processing timeframes.
V. STAFF RECOMMENDATION
Planning Commission recommend approval of the proposed code amendment to Chapter
17.09 related to Short Subdivisions.
VI. EXHIBITS
Exhibit 1 Proposed code changes Auburn City Code Chapter 17.09
Exhibit 2 Request to Department of Commerce for Expedited State Review
Exhibit 3 Department of Commerce acknowledgement letter (will be provided at hearing)
Exhibit 4 Request to publish combined SEPA Determination and Hearing Notice in
newspaper
Exhibit 5 Environmental Checklist
Exhibit 6 Determination of Non - Significance and Public Hearing Notice
Prepared by (include name and sign): Elizabeth Chamberlain, AICP, Planning and Design
Services Manager
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 5
ORD.D Page 100 of 141
'Alu,BURN
VVAS p � I N G "i'(
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 5105 October 28, 2014
Department: Attachments: Budget Impact:
Administration RES5105 $0
Par I i amentaryPromdure
Administrative Recommendation:
City Council adopt Resolution No. 5105.
Background Summary:
For the last number of months, the City Council and the Council Operations
Committee have been reviewing options regarding switching from a City Council
committee approach to a study session approach for handling City Council business.
This format change was initially suggested to address concerns that result from the
committee approach - such as where two councilmembers of a three member Council
committee constitute a quorum and would, thus, be precluded from discussing matters
that may come before their committee outside of a public meeting of the committee.
Additionally, the committee structure requires some reports and presentations to be
given multiple times to ensure that all councilmembers are afforded exposure to
issues coming before them. Even with multiple presentations, however, there is
concern that the information provided may not be as complete in all settings, such as
where questions are asked in one committee but not another. Discussing matters
among all councilmembers in study sessions would allow all councilmembers to
participate more equally and would also provide a more transparent approach to
government, particularly where study sessions would be televised, as is the Council
intention.
Consistent with changes to the code sections (Ordinance No. 6532), this Resolution
authorizes changes to the City Council Rules of Procedure to accommodate a transfer
from the City Council Committee format to a Council Study Session format. With the
change from Committees to Study Sessions, a number of changes in the Rules of
Procedure needed to be made, including things like providing for meeting times,
deleting committee references and adding the Study Session agenda format. The
rules also specify who shall chair the Study Sessions (Deputy Mayor) and describe
processes such as how motions are made and how matters work their way from the
study session to the regular meetings for action.
RES.A AUBURN * MORE THAN YOU IMAGINED Page 101 of 141
Reviewed by Council Committees:
Council Operations Committee Other: City Council
Councilmember: Wagner Staff: Heid
Meeting Date: November 3, 2014 Item Number: RES.A
RES.A AUBURN * MORE THAN YOU IMAGINED Page 102 of 141
RESOLUTION NO. 5 1 0 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL
RULES OF PROCEDURE AS ADOPTED BY ORDINANCE
NO. 5802 AND AMENDED BY RESOLUTION NOS. 4282 -,
4429, 4467, 4615, 4686, 4740, 4813 and 4909
WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance
No. 5802 approving the Rules of Procedure of the City Council; and
WHEREAS, Ordinance No. 5802 also provided that future amendments or
modifications to the Council Rules of Procedure could be accomplished by Resolution
properly introduced and passed by the City Council; and
WHEREAS, on December 12, 2007, December 15, 2008, April 6, 2009, July 6,
2010, February 22, 2011, August 15, 2011, May 21, 2012, and February 19, 2013, the
City Council passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813
and 4909, respectively, which Resolutions adopted certain modifications to the Council
Rules of Procedure; and
WHEREAS, in connection with the change of City Council Meeting formats from
Council Committees to Council Study Sessions, the Council Operations Committee has
recommended additional modifications to the Rules of Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Rules of Procedure of the City Council, as adopted by
Ordinance No. 5802 on February 2, 2004, amended by Resolution No. 4282 on
December 12-, 2007, Resolution No. 4429 on December 15, 2008, Resolution No. 4467
Resolution No. 5105
October 1, 2014
Page 1 of 2
RES.A
Page 103 of 141
on April 6, 2009, Resolution No. 4615 on July 6, 2010, Resolution No. 4686 on
February 22, 2011, and Resolution No. 4740 on August 15, 2011, Resolution No. 4813
on May 21, 2012, and Resolution No. 4949 on February 19, 2013, are hereby amended
as set forth in Exhibit "A ", attached hereto and incorporated herein.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force and effect upon
passage and signature hereon, and on January 1, 2015.
DATED and SIGNED this day of
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
• -- - ; ■ • , • 0.
I' - - .
Resolution No. 5105
October 1, 2014
Page 2 of 2
RES.A
Page 104 of 141
Exhibit A — Resolution No. 5105
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
SECTION 1
AUTHORITY
1
SECTION 2
COUNCIL MEETINGS
1
SECTION 3
ORDER OF BUSINESS OF REGULAR COUNCIL
MEETING
AGENDA
443
SECTION 4
COUNCILMEMBER ATTENDANCE AT MEETINGS
1149
SECTION 5
PRESIDING OFFICER - DUTIES
1244
SECTION 6
COUNCILMEMBERS
1342
SECTION 7
DEBATES
1342
SECTION 8
PARLIAMENTARY PROCEDURES AND MOTIONS
14441
SECTION 9
VOTING
161615
SECTION 10
COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
174746
SECTION 11
PUBLIC HEARINGS AND APPEALS
174746
SECTION 12
DEPUTY MAYOR SELECTION PROCESS
184847
SECTION 13
COUNCIL POSITION VACANCY
194948
SECTION 14
COUNCIL MEETING STAFFING
19
SECTION 15
COUNCIL RELATIONS WITH STAFF
2049
SECTION 16
COUNCIL STUDY SESSIONS_. COMMITTEES AND
CITIZEN
ADVISORY BOARDS
2129
SECTION 17
COUNCIL REPRESENTATION & INTERNAL COMM UNICATION2 7272-6
SECTION 18
TRAVEL AUTHORIZATION
303929
SECTION 19
CONFIDENTIALITY
303130
SECTION 20
ENFORCEMENT OF RULES OF PROCEDURE
313438
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1 - AUTHORITY
The Auburn City Council hereby establishes the following rules for the conduct of
Council meetings, proceedings and business. These rules shall be in effect upon
adoption by resolution of Council and until such time as they are amended or new rules
are adopted in the manner provided by these rules.
SECTION 2 - COUNCIL MEETINGS
All meetings of the City Council shall be open to the public and all persons shall be
permitted to attend any meeting of this body, except as provided in RCW Chapter
42.30.
REY. .R1 Page 105 of 141
Exhibit A — Resolution No. 5105
The City Clerk shall be responsible for preparing agendas for all City Council meetings
pursuant to the authority of Section 2.03.100 of the City Code'.
The City Clerk shall cause to be prepared action minutes of all of the Council meetings,
which minutes shall contain an account of all official actions of the Council. Council
meetings shall be electronically recorded and retained for the period of time as provided
by State law.
j 2.1 Regular Meetings - In accordance with Sections 2.06.010 and 2- .06.020 of
the City Code, the regular meetings of the City Council shall held on the first and
third Mondays of every month in the City Hall Council Chambers located at 26
West Main Street, Auburn, Washington. The regular meeting location may be
changed by a majority vote of the City Council.
Regular Council meetings will begin at the hour of 7-:-397:00 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Regular Council meeting falls on a legal holiday,
the meeting shall be held at 7-:97:00 p.m. on the first business day following the
holiday.
The Presiding Officer shall be as set forth in Section 5.1 herein.
The Presiding Officer shall be seated at the center of the dais, and the Deputy
Mayor shall be seated to the Presiding Officer's immediate left. When the
Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the
Deputy Mayor shall be seated in the center of the dais. The seating arrangement
for the other members of the Council shall be as directed by theCity Council
_-yursuant to a motion duly made and seconded and
approved by a majority of the City Council, following the recommendation of an
ad_ hoc _ committee of three Councilmembers called for that purpose.
' 2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of agendas for the
meetings of the council and of the various boards, commissions and committees of the city, and for
including in those agendas the items and issues forwarded by the varieus ^^URG^ ^ ^m'^,nteescity council
and/or or by_ the _ad hoc committees designated to act on behalf of the city council, and for including in
those agendas the items and issues proposed by the mayor and city administration, for consideration by
the council. The mayor or the mayor's designee shall also be responsible for publishing notices for
meetings and for public hearings for the meetings of the council and the various boards, commissions
and committees of the city, and for setting the dates and times for said public hearings, except in those
instances when setting dates and times for public hearings is required by statute to be done through
council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.)
RE!� p
A 2 Page 106 of 141
Exhibit A —Resolution No. 5105
[See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord.
3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC
2.06.080 (1957 code § 1.04.090).]
2.2 Study Sessions - In accordance with Sections 2.06.010(6) and 2.06.020 of the
City Code, Study Sessions of the City Council shall held on the first, third and
fifth Mondays of every month in the City Hall Council Chambers located at 25
West Main Street Auburn Washington. The regular meeting location may be
changed by a majority vote of the City Council.
The Deputy Mayor shall preside over Study Sessions.
Study Sessions will begin at the hour of 5:30 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Study Session falls on a legal holiday, the meeting
shall be held at 5:30 p.m. on the first business day following the holida .
No particular_ seating arrangement shall be required for the Deputy Mayor or
other members of the Council, or for the Mayor or any other persons invited to sit
at the table of Study Sessions.
2.3 Regular Meeting-Times :2
The regularly scheduled meetings of the City Council shall be held at the
following times, unless re- scheduled and/or reset to different times:
1. First Monday of the month - „Regular Council Meeting__ - 7:00 PM
2. Second Monday of the month - Council Study Session - - 5 :30 PM
3. Third Monday of the month - Re_ uq lar Council Meeting - - 7:00 PM.
4. Fourth Monday of the month - Council Studv Session - - 5:30 PM
5. Fifth Monday of the month - Council Study Session - - 5:30 PM.
2.4 Special! Meetings - In accordance with Section 2.06.040 of the City Code and
Section 35A.12.110 RCW, a special meeting of the City Council may be called by
the Mayor or any three members of the Council by written notice delivered to
each member of the Council at least 24 hours before the time specified for the
proposed meeting; provided, however, that no ordinance or resolution shall be
` Any of these regularly scheduled meetings may be cancelled if not needed.
RE,§Te 3 Page 107 of 141
Exhibit A— Resolution No. 5105
passed, or contract let or entered into, or bill for the payment of money allowed,
at any special meeting unless public notice of such meeting has been given by
such notice to the local press, radio and television as will be reasonably
calculated to inform the city's inhabitants of the meeting.
[See ACC 2.06.040 (1957 code § 1.04.070).]
2-32_5 Emergency Meetings - Emergency meetings may be called by the Mayor, in
accordance with Section 42.30.070 RCW, when by reason of fire, flood,
earthquake, or other emergency, there is a need for expedited. action by the City
Council to meet the emergency, in which case, the meeting site notice
requirements otherwise applicable shall not apply.
—2-4 .6 Executive Sessions - A Council meeting that is closed except to the Council,
the Mayor, City Attorney and authorized staff members and/or consultants
authorized by the Mayor. The public is restricted from attendance.
Executive sessions may be held during Regular and Special meetings of the City
Council and d FiRg G^„R^;l GE)FRF.,ittee meeting and will be announced by the
Presiding Officer. Executive session subjects are limited to considering such
matters as permitted by State law.
[See former ACC 2.06.070 (1957 code § 1.04.080).]
2-.52.7 Cancellation of Meetings - Meetings may be canceled by a majority vote of the
Council and proper notice given by the City Clerk.
SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA
All items to be included on the Council's agenda for consideration should be submitted
to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council
meeting. The City Clerk shall then prepare a proposed agenda according to the order of
business, for approval by the Mayor, or his/her designee. A final agenda will then be
prepared by the City Clerk and distributed to Councilmembers as the official agenda for
the meeting.
In connection with the action _of-the City Council at Regular Council Meetings, certain
items of business shall be subject to First and Second_ Readings prior to final approval
by the City Council.
3.1 The protocol for First and Second Readings sha[I be as follows:
A. First and second readings apply to Ordinances only.
RE§,.Ae 4 Page 108 of 141
Exhibit A — Resolution No. 5105
B. Resolutions /consent items /contract awards, etc. would still be acted on at
only one Regular Council Meeting.
C. Ordinance action, especially those resulting in changes to City codes – to
which First and Second Readings would apply – may take more
consideration and. discussion than other Woes of action.
D. First and Second Readings would be beneficial to a transparent public
process.
E. First Reading — discussion only at one Regular Council Meeting.
F. Second Reading — action at the next Regular Council Meeting or could
be a future subsequent Council meeting depending on Council's
discussion and any needed staff follow -up.
G. Provides Council with opportunity to ask questions and get information
First Reading.
3.2 The agenda format of the Regular City Council meeting shall be as follows:
1 34 A.
1 3-.2 B.
1 3-.3 C.
E.
RED 5
Call to order.
The Presiding Officer shall call the meeting to order.
Roll call.
The City Clerk will call the roll. Councilmembers may request to be
.excused from a meeting by requesting the same of the Mayor in advance
of the meeting. The reason for the request shall be given at the time of
the request.
Flag salutePledge of Allegiance.
The Presiding Officer, Councilmembers and, at times, invited guests will
lead the flag salut Pledge of Allegiance.
Announcements, Proclamations and Presentations
A proclamation is defined as an official announcement made by the
Presiding Officer or the City Council regarding a non - controversial event,
activity or special interest group which has a major city -wide impact.
Appointments
Page 109 of 141
Uhibit A — Resolution No. 5105
3-.9--f
13-7 G.
1 3.8 H
Appointing individuals to various committees, boards and commissions.
Confirmation of appointments, where confirmation is called for, may be
preceded by discussion in executive session, where appropriate.
Agenda modifications
Changes to the Council's published agenda are announced at this time.
Public Hearings and Appeals
Individuals may comment on public hearing and appeal items, provided
that when an appeal is a closed record appeal, the matter shall be
considered based on information, evidence and documents in the record.
Argument on the appeal shall refer only to matters, information,
documents and evidence presented at the underlying hearing from which
the appeal is taker!, and no new information, evidence or documents may
be added, and argument on the appeal may only deal with information,
evidence a.nd documents in the record. The Presiding Officer will state the
public hearing and/or appeal procedures before each hearing.
Audience Participation
Members of the audience may comment on items relating to any matter
related to City business under the Audience Participation period.
Comments are limited to three (3) minutes per person, and a total of
fifteen (15) minutes per topic. Groups who have a designated speaker
may have a total of ten (10) minutes to speak. Public comments sign -up
forms will be available at the City Clerk's desk at each meeting for use of
those citizens wishing to address the Council. The City Clerk shall serve
as timekeeper. The Presiding Officer may make exceptions to the
audience participation time restrictions when warranted, in the discretion
of the Presiding Officer.
Citizens may also speak on individual agenda items on the printed agenda
at the time they are considered by the Council as requested by the
Presiding Officer.
13-9 I. Correspondence
3.10 Council Ad Hoc Committee Reports
Council ad hoc Committee Chairs may report on aGtiGR and @GtiVitie the status of
their Yespe4ye ad hoc Council Committees' progress on assigned tasks and
may give their recommendations to the City Council, if any. IR ^ vi^^ r- ,,.,.r„i+ +ea
RE�O.W 6 Page 110 of 141
Exhibit A — Resolution No. 5105
3.141 J. Consent Agenda
Approval of the Consent Agenda, including items considered to be routine
and non- controversial, may be approved by one motion. Items on the
Consent Agenda include but are not limited to the following. Any
Councilmember may remove any item from the Consent Agenda for
separate discussion and action.
Al. Approval of minutes.
132. Fixing dates for public hearings and appeals.
C3. Approval of claims and vouchers, bid awards and contracts.
O4. Approval of surplus property.
€5. Other items designated by the City Council.
K Unfinished Business
Unfinished business of a general nature and that it was removed from the
Consent Agenda for separate discussion and action.
L. New Business
Business, other than ordinances and resolutions, that has not been
previously before the City Council.
344 M. Ordinances
1. All ordinances shall be in writing, and the titles thereof shall be read
^aloud by the City Attorney prior to a vote being called on their adoption,
provided that any councilmember may upon request, have a full
reading of the text of a proposed ordinance prior to the vote on its
adoption. It shall not require a second to the request for a full reading
of an ordinance. It is further provided, however, that the requirement
for a reading of the title of the proposed ordinance, or a full reading of
the text of the proposed ordinance may be waived upon a motion duly
made, seconded and approved by a majority of the councilmembers in
attendance at the council meeting.
REjke Page 111 of 141
Exhibit A — Resolution No. 5105
2. First & Second Reading
Prior to the vote on a motion-to adopt or otherwise address an Ordinance,
each Ordinance shall be submitted to the City Council for its consideration
at a First and Second Reading, as follows:
a. First Reading, The First Reading of an Ordinance shall take place
at a Regular City Council Meeting.
1. The Ordinance shall be included on the Meeting Agenda
under Ordinances and shall include the indication of "First
Reading."
2. The Ordinance shall be read by the City Attorney. in
accordance with Section 3.2, Paraqraph M, of these Rules.
3. The Ordinance shall be placed before the City Council by a
motion to adopt or approve the Ordinance. which motion shall
be seconded. -- -
a After the motion is seconded Councilmembers ma
discuss the merits of or issues related to the Ordinance.
b) If there is no second to the motion, the motion dies.
c) Discussion on the motion shall be accordance with
Section 7 of these Rules.
d) There shall be no vote on the motion until after the
Second Reading, unless the Second _Reading is waived as
provided for below.
b. Waiver of Second Reading. The City Council may choose to waive
the Second Reading of an Ordinance if it feels the need for expedience
in adopting or acting on the Ordinance.
1. Waiver of Second Reading shall be made by a motion to
waive the Second Reading, duly seconded and approved by a
super - majority fa majority plus one] of Councilrnembers present.
2. If the Second Reading is waived, the City Council may
approve or .act on the Ordinance at the point in the agenda
following the approval of the motion to waive Second Reading.
REPRe 8 Page 112 of 141
Exhibit A — Resolution No. 5105
c. Second Reading. The Second Reading of an Ordinance shall take
place at the. Regular City Council Meeting next following the date of the
Regular City Council Meeting of the First Reading of the Ordinance.
2. The Ordinance shall be included on the Meeting Agenda
under Ordinances and shall include the indication of "Second
Reading."
3. The Ordinance shall be read by the City Attorney, in
accordance with Section 3.2, Paragraph M_ zof these Rules.
4. No new motion is necessary to place the Ordinance_ before
the City Council if a motion to adopt or approve the Ordinance
was duly made and seconded on the date of the meeting of the
First Reading. Councilmembers may discuss_ the merits of or
issues related to the Ordinance. ^
a) Discussion on the motion shall be in accordance with
Section 7 of these Rules. T
b) Following discussion on the motion, the City Council
may vote on the motion or take such other action as is
appropriate under these Rules of Procedure or other
appropriate rules of parliamentary procedure.
After a motion to adopt an ordinance has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the ordinance, without simply
repeating the ordinance title as read by the City Attorney and may choose
to comment on any results of Council discussion or
action regarding the issue.
Discussion and debate by the City Council on ordinances will be held prior
to the vote on an ordinance. Councilmembers shall decide whether or not
to amend the ordinance, or direct staff to further review the proposed
ordinance.
An ordinance shall be adopted by a majority vote of a quorum of the City
Council, provided that adoption of any ordinance that grants or revokes a
franchise or license shall require the affirmative vote of at least a majority
of the whole membership of the Council, and provided that public
emergency ordinances require a vote of a majority plus one of the whole
Council membership. A public emergency ordinance is one designated to
protect public health and safety, public property, or public peace.
RESEa.K 9 Page 113 of 141
Exhibit A - Resolution No. 5105
1 3-F N. Resolutions
All resolutions shall be in writing, and the titles thereof shall be read aloud
by the City Attorney prior to a vote being called on their passage, provided
that any councilmember may upon request, have a full reading of the text
of a proposed resolution prior to the vote on its passage. It shall not
require a second to the request for a full reading of a resolution. It is
further provided, however, that the requirement for a reading of the title of
the proposed resolution, or a full reading of the text of the proposed
resolution may be waived upon a motion duly made, seconded and
approved by a majority of the councilmembers in attendance at the council
meeting.
After a motion to pass a resolution has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the resolution without simply
repeating the resolution title as read by the City Attorney, and the
Councilmember may choose to comment on any results of Gommitte
Council discussion or action regarding the issue.
Discussion and debate by the City Council on resolutions will be held prior
to the vote on a resolution. Councilmembers shall decide whether or not to
amend the or direct staff to further review the proposed
resolution.
A resolution shall be passed by a majority vote of a quorum of the Council,
Provided that passage of any resolution for the payment of money shall
require the affirmative vote of at least a majority of the whole membership
of the Council.
1 3-.1-60 Mayor and Councilmember Reports
The Mayor and Councilmembers may report on their significant City_
related activities since the last regular meeting. The Mayor and
Councilmembers shall limit their reports to not more than three (3) to -#+ve
}minutes, with sensitivity to avoiding duplicate reporting.
34-7P. Adjournment
3.3. Recess - The foregoing agenda may be interrupted for a stated time as called by
the Presiding Officer to recess for any reason, including ezedutive sessions.
RE,§'Ae 10 Page 114 of 141
Exhibit A —Resolution No. 5105
[See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120
(1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957
code § 1.04.190.); ACC 2;.06.180 (Ord. 5635 § 2., 2002; 1957 code § 1.04.200).]
SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS
4.1 Councilmembers shall attend Regular Council meetings and Study Sessions.
Councilmembers w44 -shall i.nform the Mayor or the City Clerk if they are unable to
attend any Regular Council meeting or Study Session, or if they knowingly will be
late to any such meetings. If a Councilmember has informed the Mayor or City
Clerk that he or she is unable to attend such meeting, the minutes for that
meeting w_ ill show the Councilmember as having an excused absence for that
meeting. Provided that excessive, continued or prolonged absences shall may
be addressed by the City Council on a case by case basis.
[See ACC 2.06.050 and RCW 35A.12.060]
4.2 Councilmembers shall are expected to attend the meetings of the Ad Hoc and
Council Committees to which they are assigned, !RG d'Rg FlleetiRgS .,f
aFe assigned.
Councilmembers IAXm - should inform the Chair of such Ad Hoc Council
Committees or the City Clerk_ if they are unable to attend any meetings of such
Ad Hoc Council Committees, GF Shall and should inform the Chair or City Clerk
if they expect to be late to any such Ad Hoc Council Committee
meeting. If a Councilmember has informed the Chair or City Clerk that he or she
is unable to attend such Ad Hoc Committee meeting, the minutes for that
meeting, if minutes are required and/or taken, wfl4 -shall show the Councilmember
as having an excused absence for that meeting. Provided that excessive,
continued or prolonged absences shall may be addressed by the City Council on
a case by case basis.
4.3 Councilmembers shall attend the Special Meetings of the City Council.
Councilmembers, w4-shall inform the Mayor or the City Clerk if they are unable
to attend any such meetings, or shall so inform the Mayor or City Clerk if they
l ReWiegly - witlexpect to be late to a.ny such Special meeting. If a Councilmember
has informed the Mayor or City Clerk that he or she is unable to attend such
Special meeting, the minutes for that meeting w4 -shall show the Councilmember
as having an excused absence for that meeting. Provided that excessive,
continued or prolonged absences shall may be addressed by the City Council on
a case by case basis.
4.4 Attendance at Ad Hoc Council Committee meetings and Special meetings will not
be considered "regular meetings" for the purposes of RCW 35A.12.060,
applicable to Regular City Council meetings. However, in addition to the
application of RCW 35A.12.060 to Regular City Council meetings, unexcused
RE,§3)ke 11 Page 115 of 141
Exhibit A — Resolution No. 5105
absences from any Regular or Special meetings, or Ad Hoc Committee
meetings, shall constitute a violation of these Rules of Procedure.
SECTION 5 - PRESIDING OFFICER - DUTIES
5.1 Conduct of Meetings
The Presiding Officer at all Regular Meetings of the Council shall be the Mayor
and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If
both the Mayor and Deputy Mayor are absent and a quorum is present, the
Council shall elect one of its members to serve as Presiding Officer until the
return of the Mayor or Deputy Mayor. Additionally. the Deputy Mayor shall serve
as the presiding officer for Council Study Session sGernm Mee E)f the Whole. It is
further provided that. though not the Presiding Officer of Study Sessions, the
Mayor is encouraged to attend Study Sessions.
[See former ACC 2.06.090 (1957 code § 1.04.100).]
5.2 The Presiding Officer:
A. Shall preserve order and decorum at all meetings of the Council and
cause the removal of any person from any meeting for disorderly conduct;
B. Shall observe and enforce all rules adopted by the Council;
C. Shall decide all questions on order, in accordance with these rules,
subject to appeal by any Councilmember;
D. Shall recognize Councilmembers in the order in which they request the
floor, giving every Councilmember who wishes an opportunity to speak,
provided that the mover of a motion shall be permitted to debate it first,
and provided that the Presiding Officer may also allow discussion of an
issue prior to the stating of a motion when such discussion would facilitate
wording of a motion;
E. May affix approximate time limit for each agenda item;
F. When matters on the agenda are placed, or are able to be placed under
more than one classification or category, as defined by the Order of
Business, and the matters involve or are closely related to other subject
matter, then the Presiding Officer may, in the Presiding Officer's
discretion, present such matters before the Council, for discussion,
consider and vote, at a different place in the agenda without the necessity
of any vote thereon, notwithstanding their initial different placement on the
written agenda.
RESEa.9 " Page 116 of 141
Exhibit A — Resolution No. 5105
[See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code §
1.04.210).]
SECTION 6 - COUNCILMEMBERS
6.1 Remarks. - Councilmembers desiring to speak shall address the presiding
officer, and when recognized, shall confine himself /herself to the question under
debate.
6;2 Questioning. - Any member of the Council, including the Presiding Officer, shall
have the right to question any individual, including members of the staff, on
matters germane to the issue properly before the Council for discussion. Under
no circumstances shall such questioning be conducted in a manner to the extent
that such would constitute a cross - examination of or an attempt to ridicule or
degrade the individual being interrogated.
6.3 Obligation to the Public Agency. - Notwithstanding the right of Councilmembers
to express their independent opinions and exercise their freedom of speech,
Councilmembers should act in a way that reflects positively on the reputation of
the City and of the community. Councilmembers shall also interact with other
members of the City Council and City staff in ways that promote effective local
government.
6.4 Council Training. - Councilmembers are expected to participate in training offered
by individuals, agencies, entities and organizations including but not limited to the
Association of Washington Cities and the State of Washington, so as to afford
the Councilmembers the opportunity to better understand their roles as City
Councilmembers.
6.5 Participation in Committees, Agencies an_ d Organizations. - To better represent
the interests of the City of Auburn, Councilmembers are encouraged to
participate in assignments to local, regional, state and national committees,
agencies and organizations.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 7 - DEBATES
7.1 Speaking to the Motion. - No member of the Council, including the Presiding
Officer, shall speak more than twice on the same motion except by consent of
the Presiding Officer or a majority of the Councilmembers present at the time the
motion is before the Council.
RE,W " Page 117 of 141
Exhibit A — Resolution No. 5105
7.2 Interruption. - No member of the Council, including the Presiding Officer, shall
interrupt or argue with any other member while such member has the floor, other
than the Presiding Officer's duty to preserve order during meetings as provided in
Section 5.2.A of these rules.
7.3 Courtesy. - All speakers, including members of the Council, which includes the
Presiding Officer, in the discussion, comments, or debate of any matter or issue
shall address their remarks to the Presiding Officer, be courteous in their
language and deportment, and shall not engage in or discuss or comment on
personalities, or indulge in derogatory remarks or insinuations in respect to any
other member of the Council, or any member of the staff or the pubic, but shall at
all times confine their remarks to those facts which are germane and relevant to
the question or matter under discussion.
7.4 Transgression. - If a member of the Council shall transgress these rules on
debates, the Presiding Officer shall call such member to order, in which case
such member shall be silent except to explain or continue in order. If the
Presiding Officer shall transgress these rules on debate or fail to call such
member to order, any other member of the Council may, under a point of order,
call the Presiding Officer or such other member to order, in which case the
Presiding Officer or such member, as the case may be, shall be silent except to
explain or continue in order.
7.5 Challenge to Ruling. - Any member of the Council, including the Presiding
Officer, shall have the right to challenge any action or ruling of the Presiding
Officer, or member, as the case may be, in which case the decision of the
majority of the members of the Council present, including the Presiding Officer,
shall govern.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS
8..1 All City Council meeting discussions shall be governed by ROBERTS RULES OF
ORDER, NEWLY REVISED (latest edition).
8.2 If a motion does not receive a second, it dies. Matters that do not constitute a
motion include nominations, withdrawal of motion by the person making the
motion, request for a roll call vote, and point of order or privilege; therefore a
second is not needed.
8.3 A motion that receives a tie vote is deemed to have failed, provided that except
where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote
to break a tie vote.
RESR 14 Page 118 of 141
Exhibit A — Resolution No. 5105
8.4 When making motions, Councilmembers shall be clear and concise and not
include arguments for the motion within the motion.
8.5 After a motion has been made and seconded, the Councilmembers may discuss
their opinions on the issue prior to the vote.
8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to
the provisions of Section 9 hereof, that Councilmember shall so advise the City
Council, and shall remove and absent himself /herself from the deliberations and
considerations of the motion, and shall have no further participation in the matter.
Such advice shall be given prior to any discussion or participation on the subject
matter or as soon thereafter as the Councilmember perceives a need to abstain,
provided that, prior to the time that a Councilmember gives advice of an intent to
abstain from an issue, the Councilmember shall confer with the City Attorney to
determine if the basis for the Councilmember's intended abstention conforms to
the requirements of Section 9. If the intended abstention can be anticipated in
advance, the conference with the City Attorney should occur prior to the meeting
at which the subject matter would be coming before the City Council. If that
cannot be done, the Councilmember should advise the City Council that he/she
has an "abstention question" that he/she would want to review with the City
Attorney, in which case, a brief recess would be afforded the Councilmember for
that purpose.
8.7 A motion may be withdrawn by the maker of the motion at any time without the
consent of the Council.
8.8 A motion to table is nondebatable and shall preclude all amendments or debates
of the issue under consideration. A motion to table is to be used in instances
where circumstances or situations arise which necessitate the interruption of the
Councilmembers' consideration of the matter then before them. A motion to table,
if passed, shall cause the subject matter to be tabled until the interrupting
circumstances or situations have been resolved, or until a time certain, if
specified in the motion to table. To remove an item from the table in advance of
the time certain requires a two- thirds' majority vote.
8.9 A motion to postpone to a certain time is debatable, is amendable and may be
reconsidered at the same meeting. The question being postponed must be
considered at a later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be
reconsidered at the same meeting only if it received an affirmative vote.
RE,RW 15 Page 119 of 141
Exhibit A — Resolution No. 5105
8.11 A motion to call for the question shall close debate on the main motion and is not
debatable. This motion must receive a second and fails without a two-thirds' vote;
debate is reopened if the motion fails.
8.12 A motion to amend is defined as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting, or
substituting.
8.13 M_ otions that cannot be amended include: Motion to adjourn, lay on the table
table , roll call vote, point of order, reconsideration and take from the table. -lam
8.14 Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
8.15 Debate of the motion only occurs after the motion has been moved and
seconded.
8.16 The Presiding Officer, City Attorney or City Clerk should repeat the motion prior
to voting.
8.17 The City Clerk will take a roll call vote, if requested by the Presiding Ofl'Icer, a_
Councilmember, or as required by law.
8.18 When a question has been decided, any Councilmember who voted in the
majority may move for reconsideration. In order to afford Councilmembers who
voted in the majority the potential balls for a motion for reconsideration,
Councilmembers who voted in the majority may inquire of Councilmembers who
voted with the minority as to the reasons for their minority vote, if not stated
during debate prior to the vote.
8.19 The City Attorney shall act as the Council's parliamentarian and shall decide all
questions of interpretations of these rules which may arise at a Council meeting.
8.20 These rules may be amended, or new rules adopted, by a majority vote of the full
Council.
[See former ACC 2.06.160 (1967 code § 1.04.180.); ACC 2.06.170 (1957 code §
1.04.190.); ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code §
1.04.230).]
SECTION 9 - VOTING
9.1 Voice vote - A generalized verbal indication by the Council as a whole of "yea or
nay" vote on a matter, the outcome of which vote shall be recorded in the official
i
RED .AQ 16 Page 120 of 141
Exhibit A — Resolution No. 5105
minutes of the Council. Silence of a Councifinem.ber during a voice vote shall be
recorded as a vote with the prevailing side, except where such a Councilmember
abstains because of a stated conflict of interest or appearance of fairness.
9.2 Roll call vote - A roll call vote may be requested by the Presiding Officer or by
any Councilmember.
9.3 Abstentions - It is the responsibility of each Councilmember to vote when
requested on a matter before the full Council. However, a Councilmember may
abstain from discussion and voting on a question because of a stated conflict of
interest or appearance of fairness.
9.4 Votes by Mayor - Except where prohibited by law, the Mayor, as Presiding
Official, shall be allowed to vote to break a tie vote.
[See former ACC 2.06.150 (1957 code § 1.04.150).]
SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
10.1 Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name and address
for the record, and limit their remarks to three (3) minutes, in addition to filling out
the speaker sign -in sheet available at the City Clerk's desk. All remarks will be
addressed to the Council as a whole. The City Clerk shall serve as timekeeper.
The Presiding Officer may make exceptions to the time restrictions of persons
addressing the Council when warranted, in the discretion of the Presiding Officer.
10.2 Any person making personal, impertinent or slanderous remarks while
addressing the Council shall be barred from further audience participation by the
Presiding Officer, unless permission to continue is granted by a majority vote of
the Council.
[See former ACC 2.06.130 (1957 code § 1.04.1 -30).]
SECTION 11 - PUBLIC HEARINGS AND APPEALS
11.1 Quasi-judicial hearings require a decision be made by the Council using a certain
process, which may include a record of evidence considered and specific
findings made. The following procedure shall apply:
A. The Department Director of the department (most) affected by the subject
matter of the hearing, or said Director's designee, will present the City's
position and findings. Staff will be available to respond to Council
questions.
REPAe 17 Page 121 of 141
Exhibit A —Resolution No. 5105
B. The proponent spokesperson shall speak first and be allowed (10)
minutes. Council may ask questions.
C. The opponent spokesperson shall be allowed ten (10) minutes for
presentation and Council may ask questions.
D. Each side shall then be allowed five (5) minutes for rebuttal, with the
proponent spokesperson speaking first, followed by the opponent
spokesperson.
E. The City Clerk shall serve as timekeeper during these hearings.
F. After each proponent and opponent spokesperson have used their
speaking time, Council may ask further questions of the speakers, who
shall be entitled to respond but limit their response to the question asked.
11.2 Public hearings where a general audience is in attendance to present arguments
for or against a public issue:
A. The Department Director or designee shall present the issue to the
Council and respond to questions.
B. A person may speak for three (3) minutes. No one may speak for a
second time until everyone who wishes to speak has had an opportunity to
speak. The Presiding Officer may make exceptions to the time restrictions
of persons speaking at a public hearing w_ hen warranted, in the discretion
of the Presiding Officer.
C. The City Clerk shall serve as timekeeper during these hearings.
D. After the speaker has used their allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in
further debate.
E. The hearing will then be closed to public participation and open for
discussion among Councilmembers.
F The Presiding Officer may exercise changes in the procedures at a
particular meeting or hearing, but the decision to do so may be overruled
by a majority vote of the Council.
SECTION 12 - DEPUTY MAYOR
12.1 Bie Annually at the flFst meetiRg of a-new GO RGil ^F ^°Fi diGall ,for more
often as deemed appropriate, the members theree#of the City Council, by
RE�?K " Page 122 of 141
Exhibit A — Resolution No. 5105
majority vote, shall designate one of their members as Deputy Mayor for such
period as the Council may specify.
[See RCW 35A.12.065.1
12.2 The Deputy Mayor shall perform the following duties:
Intra - Council Relations
•_Serve. as the Chair of the Council Study Sessions ��J
• Serve as an ex- officio member of all other- star g a-Rd ad hoc committees of
the s4,yLCity GGi4�Council
• Assist in new councilmember training
• Support cooperative and interactive relationships among council members
• Work with Administration to prepare agendas for Committee ef the �.N
meetin Council Study Sessions
Mayor - Council Relations
• Help maintain a positive and cooperative relationship between the r-Mayor
and the s4y-City ea+Rs+4- Council
• Act as conduit between the ayeF:--M_ ayor and the G. Ity eaeflsfl- Council on
issues or concerns relating to their duties
Intergovernmental and Community Relations
• Act in absence of mayor-Mayor as requested and/or as required
• Be aware of all s#�-City regional and intergovernmental policies and activities in
order to be prepared to step into the role of Mayor if necessary
• Serve as the Chair of the City's Emergency Management Compensation Board
[See former ACC 2.06.090 (1957 code § 1.04.100)]
SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE
13.1 In the event that an unexpired Council position becomes vacant, the City Council
has ninety (90) days from the occurrence of the vacancy to appoint, by majority
vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to
State law. The Council may make such appointment at its next regular meeting,
or at a special meeting called for that purpose. If the Council does not appoint a
person within the ninety (90) day period, the Mayor may make the appointment
from among the persons nominated by members of the Council.
13.2 In the event of extended excused absences or disability of a Councilmember, the
remaining members by majority vote may appoint a Councilmember Pro
Tempore to serve during the absence or disability.
SECTION 14 - COUNCIL MEETING STAFFING
REM 19 Page 123 of 141
Exhibit A— Resolution No. 5105
14.1 Department Directors shall attend all meetings of the Council unless excused.
14.2 The City Attorney shall attend all meetings of the Council unless excused, and
shall upon request, give an opinion, either written or oral, on legal questions. The
City Attorney shall act as the Council's parliament_ arian. The Assistant City
Attorney shall attend meetings when the City Attorney has been excused.
[See former ACC 2.06.060 (1957 code § 1.04.160).]
SECTION 15 - COUNCIL RELATIONS WITH STAFF
15.1 There will be mutual courtesy and respect from both City staff and
Councilmembers toward each other and of their respective roles and
responsibilities.
15.2 City staff will acknowledge the Council as policy makers, and the
Councilmembers will acknowledge City staff as administering the Council's
policies.
15.3 It is the intent of Council that all pertinent information asked for by individual
Council members shall be made available to the full Council.
15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in
the selection of personnel, the awarding of contracts, the selection of
consultants, the processing of development applications or the granting of City
licenses or permits. Councilmembers may, at the request of the Mayor,
participate in discussions and decisions related to these matters.
15.5 Other than through legislative action taken by the Council as a whole, individual
Councilmembers shall not interfere with the operating rules and practices of any
City department.
15.6 No individual Councilmember shall direct the Mayor to initiate any action or
prepare any report that is significant in nature, or initiate any project or study
without the consent of a majority of the Council- nr hairs~ iRiti tee through thn
r`�nl C'nmmi +tno nr., This provisian,_however, does not prohibit individual
Councilmembers from discussing issues_ with the Mayor or making individual
requests or suggestions to the Mayor. The Mayor shall endeavor to advise and
update the Councilmembers) on the status or follow -up of such issues.
RE�a.K 20 Page 124 of 141
Exhibit A — Resolution No. 5105
15.7 All councilmember requests for information, other than requests for legal advice
from the City Attorney's Office, shall be directed through the Mayor in order to
assign the task to the proper staff. G-e-i-inGil GGMIFAittee Ghairr and t"Ae The Deputy
Mayor may work with the Mayor's designated staff to prepare Study Session
agendas and facilitate their ^^-,unit+°° Study Session work.
15.8 Any written communication with staff shall also include the Mayor as a recipient.
SECTION 16 - COUNCIL STUDY SESSIONS, COMMITTEES
AND CITIZEN ADVISORY BOARDS
16.1 In addition to the regularly scheduled City Council meetings (Regular Council
Meetings) scheduled on the first and third Mondays of the month, City Council
shall reoularly schedule
Council Study Sessions on the second, fourth and fifth
Mondays of the month for review of matters that would come back before-the Cit
Council at Regular Council Meetings. Different than the format for Regular
Council Meetings identified in Section 3 hereof), Study Sessions shall be less
formal Regular Council Meetings and shall give the City Council the
opportunity to discuss and debate issues coming before it for action at Re ular
Council meetings. The format for these meetings shall be as follows:
A. Meeting Times:
Study Sessions shall be scheduled as set.forth in Section 2.3, above.
S. Study Sessions should conform to the following:
1. Meeting facilitation - the Deputy Mayor shall._ preside. over /conduct
Study Sessions.
2. Four or more Councilmembers shall constitute a quorum for Studv
SP.R�innS. ..
3. Two and one half hours maximum timeframe (goal).
4. Maximum of five agenda items (goal).
5__ Timeframe per agenda item - up to 30 to 40 minutes.
6. Agenda items_ should relate to future policy - making, strategic_ planning
ork_ey_state or federal issues affecting current or future city operations.
7. Agenda items should be substantive only (e.q., traffic impact fee
increase_ proposals, comprehensive plan updates rather than day -to-
day operational issues. [Non- substantive items (e.g., accepting a grant
RESRaK " Page 125 of 141
Exhibit A — Resolution No. 5105
authorizing contract bidding, etc. should go directly t� o the Regular City
Council meetina.
C. Study Session Meeting Forma t3
1. Call to Order
The Presidina Officer shall call the meetina to order.
2. Roll call
The City Clerk will call the roll. Councilmembers may reguest to be
excused from a meeting by requesting the same of the Mayor or City
Clerk in advance of the meeting. The reason for the request shall be
given at the time of the request.
3. Announcements _Reports and Presentations
The Presiding Officer shall provide any announcements reports or
presentations that need to be shared with the City Council in advance
of the agenda. discussion_ items. After that these announcements,
reports or presentations, _City Council members may have questions.or
wish to discuss the issues at this time or request that they be put on a
future Study Session agenda for further discussion.
4__Agenda items for Council Discussion.
The Presiding Officer shall announce each of the various items that are
on the agenda for Council discussion, and, as warranted, request a
preliminary report from staff or a consultant or other individual (s)
involved in the issue. The Presiding Officer shall endeavor to-call upon
the members of the City Council in the order of their requests to
discuss the Agenda Item.
After such-report(s). if any, the Presiding Officers_ hall open the floor for
Council discussion on the agenda items in their order on the agenda,
unless a different order is a roved by a mabrity of the
Councilmembers present.
Council discussion_ shall be in conformity with the provisions of Section
7 of these rules other than the re 'uirement that there be a motion
It is the intention of the City_ _Council that Study Sessions shall be televised on the City's public access
channel if reasonably possible.
RE�a /e 22 Page 126 of 141
Exhibit A — Resolution No. 5105
At the conclusion of the discussion or at the point the Council feels its
questions have been answered and discussion vetted the Presidin
Officer shall move the attention of the Council to the next discussion
item on the agenda; provided that if, after a lengthy discussion on a
particular agenda item, the Presiding Officer concludes that discussion
should be continued to a.later date, the Presiding Officer may conclude
discussion on that agenda item and schedule the matter for a later
Study Session.
With the support of a consensus of Councilmembers the Deputy
Mayor shall call for Study Session agenda items requiring formal
Council action to be included in agendas for upcoming Regular Council
Meetings.
5. Other Discussion Items
The Presiding Officer and/or members of the City Council may bring u
other discussion items to be discussed at this time or to be scheduled
for discussion at a future Study Session provided that if the Presiding
Officer concludes that there is not sufficient time to discuss or continue
discussing the topic, the Presiding Officer may .defer discussion or
continued discussion to a future Stud Session.
6. Adjournment
The Presiding Officer shall adjourn the Study Session after conclusion
of discussion on the agenda items.
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RESa.FA" Page 127 of 141
Exhibit A — Resolution No. 5105
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Exhibit A — Resolution No. 5105
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16.2 The Mayor or a majority of the City Council may establish such ad hoc
committees as may be appropriate to consider special matters that require
special approach or emphasis. Such ad hoc committees may be established and
matters referred to them at study sessions, without the requirement that such
establishment or referral take place at a regular City Council meeting. The Mayor
shall appoint Council representatives to intergovernmental councils, boards and
committees, iRGIl d Rg S, Gh provided that the Deputy Mayor shall appoint
Councilmembers to Council ad hoc committees. It is further provided that the
Mayor shall appoint members to Council ad hoc committees if the Deputy Mayor
is disabled or precluded from acting in that capacity. Councilmember
appointments to intergovernmental councils boards and committees. including
ad hoc committees. shall be periodically reviewed to determine which
councilmembers could _ best be able to represent_ the City on such councils,
boards and committees.
16.3 Ad hoc council committees shall consider all matters referred to them. The chair
of such ad hoc committee shall report to the City Council the findings of the
committee. Committees may refer items to the Council with a committee
recommendation or with no committee recommendation.
16.4 Advisory Boards, Committees and Commissions established by ordinance,
consisting of citizens appointed pursuant to the establishing Ordinance and
serving in the capacity and for the purposes indicated in the Ordinance, shall act
as an advisory committee to the City Council.
16.5 Committee Chairpersons shall have broad discretion in conducting their
meetings. They will generally follow Roberts Rules of Order, Newly Revised.
REtPff 26 Page 130 of 141
Exhibit A — Resolution No. 5105
16.6
Unless otherwise expressly rovided for an ad hoc committee of the City Council
such committees shall not receive public testimony or allow audience
participation th- t Is in connection with or related to the agenda item being
discussed by the Committee,- auddiee�^-A aFti^ipatiOR Fegprdinn bjeGtc
n'r OR- FneFRb,or of the Gemmittee 0 I-RC memo f the f i I P'1
ty URGil whe a,- in
attA�Ge. Unless otherwise expressly provided for such ad hoc committee, it is
the intention of the City Council that such ad hoc committees function informally
and not in any way that takes action in lieu of or on behalf of the full City Council.
The purpose and function of such ad hoc committees shall be to review matters
in advance of their consideration by the full City Council, and perhaps record and
make recommendations to the full City Council. With that, it is the intention that
these committees operate informally, without the need for compliance with the
Open Public Meetings Act (Chapter 42.30. RCW).
16.7 Committee Chairpersons shall approve all agenda items and may, at their
discretion, remove or add agenda items during the course of the meeting.
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SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION
17.1 If a Councilmember meets with, attends a meeting or otherwise appears erg
before individuals, another governmental agency, a community organization, or a
private entity or organization, including individuals, agencies, or organizations
with whom or with which the City has a business relationship, and makes
statements directly or through the media, commenting on an issue that does or
could affect the City, the Councilmember shall state the majority position of the
City Council, if known, on such issue. Personal opinions and comments which
differ from those of the Council majority may be expressed if the Councilmember
clarifies that these statements do not represent the City Council's position, and
the statements are those of the Councilmember as an individual. Additionally,
before a Councilmember discusses anything that does or could relate to City
liability, the Councilmember should talk to the City Attorney or the City's Risk
Manager, so that the Councilmember would have a better understanding of what
may be said or how the discussion should go to control or minimize the City's
liability risk and exposure.
17.2 Councilmembers need to have other Councilmember's concurrence before
representing another Councilmember's view or position with the media, another
government agency or community organization.
RE . �� Page 131 of 141
Exhibit A— Resolution No. 5105
17.3 Councilmembers shall not knowingly communicate with an opposing party or with
an opposing attorney in connection with any pending or threatened litigation in
which the City is a party or in connection with any disputed claim involving the
City without the prior approval of the City Attorney, unless the Councilmember is
individually a party to the litigation or is involved in the disputed claim separate
from the Councilmember's role as a City official.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. Except in connection with Council members meeting, informally, in
committees not subject to the Open Public Meetings Act, Ito assure
that communication on agenda items occurs to the greatest extent
possible at the public meetings, and to avoid even the perception that
email is being used in a way that could constitute a public meeting, e.g.,
successive communications on City Council topics
that involve a quorum of the Councilmembers eF Gommit.tee members.
Councilmembers should refrain from emailing Councilmembers about
such agenda items. Councilmembers should be prepared to
communicate about matters that are on upcoming Committee age. los-
e- -- Council agendas at the public meetings. If Councilmembers wish to
share information with other councilmembers about matters that are on
upcoming agendas, the councilmembers should forward that information
to the Mayor for distribution in the rem nitt°° ^r council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of ,a be =4 teethe full City Council
about matters within the scope of the Gommittee'° City Council's
authority or related to City business, but not yet scheduled on upcoming
Committee GF Council agendas, to indicate a desire that certain items be
included on upcoming meeting agendas; provided that Councilmembers
shall never ask for responses from the other Councilmembers in that
communication.
C. Email communication among Councilmembers relating to City operations
should also include the Mayor as a recipient/addressee.
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
17.5 Internet & Electronic Resources /Equipment Use.
A. Policy. It is the policy of the City Council that Internet and electronic
resources equipment use shall conform to and be consistent with the
requirements of City of Auburn Administrative Policy and Procedure 500-
REM 28 Page 132 of 141
Exhibit A — Resolution No. 5105
03, "Internet & Electronic Resources /Equipment Use — Elected Officials"
adopted hereby and incorporated herein by this reference.
It is important to note that all letters, memoranda, and interactive computer
communication involving City Councilmembers and members of advisory
boards and commissions, the subject of which relates to the conduct of
government or the performance of any governmental function, with
exceptions stated by the Public Records Act (RCW 42.56), are public
records.
B. Electronic Communications.
(1) Informal messages with no retention value and that do not relate to
the functional responsibility of the recipient or sender as a public
official, such as meeting notices, reminders, telephone messages
and informal notes, do not constitute a public record. Users should
delete these messages once their administrative purpose is served.
(2) All other messages that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record.
Such records are subject to public inspection and copying.
(3) Electronic communications that are intended to be shared among a
quorum of the City Council or of an ad hoc Council Committee,
whether concurrently or serially, must be considered in light of the
Open Public Meetings Act, if applicable. If the intended purpose of
the electronic communication is to have a discussion that should be
held at an open meeting, the electronic discussion shall not occur.
Further, the use of electronic communication to form a collective
decision of the Council shall not occur.
(4) Electronic communication should be used cautiously when seeking
legal advice or to discuss matters of pending litigation or other
confidential City business. In general, electronic communication is
discoverable in litigation, and even deleted electronic
communication is not necessarily removed from the system.
Confidential electronic communications should not be shared with
individuals other than the intended recipients, or the attomey- client
privilege protecting the document from disclosure may be waived.
(5) Electronic communication between Councilmembers and between
Councilmembers and staff shall not be transmitted to the public or
news media without the filing of a public disclosure request with the
City Clerk.
RO�.ff 21 Page 133 of 141
Exhibit A — Resolution No. 5105
(6) As a cautionary note, if an elected public official uses his or her
personal home computer to send electronic communications
dealing with City business, the electronic communications and
electronic records may be subject to discovery demands and public
disclosure requests. That possibility amplifies the need for caution
in how one uses electronic communication for City business.
17.6 Different than where a City Councilmember is appointed by the City Council or
the Mayor to serve as a member of a board, commission, committee, task force
or any other advisory body, the City Council may appoint a Councilmember to
serve as a non - member Liaison to a board, commission, committee, task-force or
any other advisory body. Anytime a Councilmember is appointed as such a
Liaison, the position or role of Liaison is subordinate to that of Councilmember,
and the Councilmember's responsibility is first and foremost to the City and to the
City Council. The role and responsibility of the Councilmember- Liaison is to Keep
the City Council and r„ RG 1 GGmmitte apprised of the activities, positions and
actions of the entity or organization to which the Councilmember has been
appointed Liaison, and not to communicate to the board, commission, committee,
task force or other advisory body a statement as the position of the City Council,
except as authorized or directed by the City Council.
17.7 Whenever a member of the City Council attends any meeting of any other entity
or organization, he or she should endeavor to be prudent in what he or she says
or does at such meeting. Further, the Councilmember should avoid attending
such meeting if that attendance would impose an interference with the meeting or
the operations of the other entity or organization, or of the operations of the City.
SECTION 18 - TRAVEL AUTHORIZATION
18.1 In accordance with the City of Auburn travel policy, approvals or expenditure of
travel related costs and /or approval of specific travel events or activities by
Councilmembers beyond the authority provided in the travel policy and budget
shall be as follows: the requesting Councilmember shall submit his /her request to
expend travel related costs and /or request for authorization for specific travel
purposes to the Mayor to be included on an upcoming Council meeting agenda in
advance of the date(s) of such expenditure or travel. The City Council may
pursuant to a motion, approve the request by a majority vote of a quorum of the
City Council at the meeting in which the matter is considered.
SECTION 19 - CONFI'DENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive Sessions, to ensure that the City's
position is not compromised. Con fdentiality also includes information provided to
Councilmembers outside of Executive Sessions when the information is
REM 30 Page 134 of 141
Exhibit A — Resolution No. 5105
considered by the exempt from disclosure under exemptions set forth in the
Revised Code of Washington.
SECTION 20 — ENFORCEMENT OF RULES OF PROCEDURE
20.1.1 Councilmembers shall conform their conduct to the requirements, standards and
expectations set forth in these Rules of Procedure. In addition to and
notwithstanding whatever other enforcement mechanisms may exist for legal,
ethical or practical obligations on Councilmember performance or conduct,
violations of these Rules of Procedure by Councilmembers may be enforced by
action of the City Council through sanctions such as votes of censure or letters of
reprimand, and such other action as may be permitted by law.
RE�W " Page 135 of 141
Exhibit A — Resolution No. 5105
City Council Rules of Procedure:
Adopted: February 2, 2004
Ordinance No. 5802
Amended by Resolution No. 4282, December 17, 2007
Amended by Resolution No. 4429, December 15, 2008
Amended by Resolution No. 4467, April 6, 2009
Amended by Resolution No. 4615, July 6, 2010
Amended by Resolution No. 4686, February 22, 2011
Amended by Resolution No. 4740, August 15, 2011
Amended by Resolution No. 4813, May 21, 2012
Amended by Resolution No 4909, February 19, 2013
REtp.ff 32 Page 136 of 141
Mayor:
The question has surfaced whether it is advisable for a member of the City Council to serve as chair of
Study Sessions (in a strong Mayor form of government). Roberts Rules of Order does not address that
issue, and a review of what cities actually do shows that cities do a wide variety of different things with
respect to who chairs what meetings.
Roberts Rules of Order does identify a concern when a chair who is a voting member wants to bring a
motion. In such an instance, Roberts Rules of Order would have the chair actually step down from the
role as chair, allowing another to take his or her place in presiding over the meeting - so that the (initial)
chair could make a motion and discuss that motion along with other members of the body. To avoid this
musical chairs scenario, some organizations consciously choose to have a non - member of the
board /voting body serve as chair.
This concern may not be very salient for City of Auburn Study Sessions, since Study Sessions would not
normally be where motions occur (unless the procedural rules deferring motions to Regular Meetings
were suspended ).
It may also be that the chair of the Study Session, if also a member of the City Council, would want to be
able to discuss the merits of a proposal before the City Council (at a Study Session) and that may be
more difficult if the same person is trying to fill the roles of chair and proponent or opponent of a
particular proposition. The Chair is typically supposed to be impartial.
I would also point out that in government, it is not unusual to see a legislative body presided over by a
chair from the executive branch, such as in the U.S. Senate which has as its presiding officer the Vice
President. Similarly, the Washington State Senate has the Lieutenant Governor preside over its
meetings.
To answer the question, there is nothing in the rules of parliamentary procedure that precludes a
member of the City Council from serving as chair (a number of cities do that). But, there are some things
that would need to be handled more cautiously with that arrangement. Again, I think that these issues
are why some cities and other governmental bodies have chosen to have the executive preside over all
meetings of the City Council.
Please let me know if you have any questions.
Dan
10 -6 -14
RES.A Page 137 of 141
'Alu,BURN
VVAS p � I N G "i'(
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 5109 October 28, 2014
Department: Attachments: Budget Impact:
Public Works RES 519 $0
Administrative Recommendation:
City Council adopt Resolution No. 5109.
Background Summary:
On October 22, 2014, a vehicle struck a fire hydrant on 8th Street NE between Harvey
Road /M Street NE and R Street NE. The collision caused a fire hydrant and water
line break that resulted in damage to the roadway, landscaping, and sidewalk.
Resolution No. 5109 declares and confirms a determination of emergency that allows
the Mayor to negotiate and enter into contracts with qualified contractors to repair the
damage because there is not sufficient time to enable the City to go through the
normal purchasing and contracting process.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: November 3, 2014 Item Number: RES.B
RES.B AUBURN * MORE THAN YOU IMAGINED Page 138 of 141
RESOLUTION NO. 51 0 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, DECLARING AND
CONFIRMING THE DETERMINATION OF EMERGENCY
FOR DAMAGE TO 8TH STREET NE BETWEEN HARVEY
ROAD AND HENRY ROAD CAUSED BY A VEHICLE -
HYDRANT COLLISION ON OCTOBER 22, 2014 AND
RATIFYING AND CONFIRMING PRIOR ACTS
WHEREAS, on October 22nd, 2014, a vehicle struck a fire hydrant on 8th
Street NE between Harvey Road and Henry Road and caused significant
damage to the hydrant, a water line, and the roadway that required portions of
the roadway to be closed and disruption of water service to the adjacent
commercial properties; and
WHEREAS, the City of Auburn has determined that in order to prevent
further damage to the roadway and to maintain water service to the adjacent
commercial properties, it is crucial that the City begin repair work as soon as
feasibly possible; and
WHEREAS, in order to make the repairs in a timely manner as warranted,
the City does not have time to follow normal purchasing and contracting
procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council finds and declares that an emergency
exists in connection with the need to repair the roadway and water fine on 8th
---------------
Resolution No. 5109
October 27, 2014
Pagel
RES.B Page 139 of 141
Street NE between Harvey Road and Howard Road, and there is not sufficient
time to enable the City to go through the normal purchasing and contracting
process.
Section 2. The City Council authorizes corrective action and ratifies
action already takes in response to such emergency.
Section 3. That the Mayor is authorized to negotiate and enter into
contracts with qualified contractors and construction service providers to effect
the repair of the roadway and waterline on 8th Street NE between Harvey and
Henry Road.
Section 4. That this Resolution, passed by a vote of a majority of the
City Council plus one, shall take effect and be in full force upon passage and
signatures hereon.
Dated and Signed this day of , 2014.
ATTEST:
Danielle E. Daskam,
City Clerk
Resolution No. 5109
October 27, 2014
Page 2
CITY OF AUBURN
NANCY.BACKUS
MAYOR
RES.B Page 140 of 141
APP VED TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 5109
October 27, 2014
Page 3
RES.B Page 141 of 141