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HomeMy WebLinkAbout06-13-2016 CITY COUNCIL STUDY SESSION AGENDACity Council Study Session June 13, 2016 - 5:30 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Roll Call II. ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS III. AGENDA ITEMS FOR COUNCIL DISCUSSION A. Resolution No. 5235 (20 Minute Presentation/10 Minute Q&A)* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to expend funds to abate the litter, junk, weeds, and attractive nuisances in the City of Auburn and authorizing the City's cost thereof B. Ordinance No. 6600 (10 Minute Presentation/10 Minute Q&A)* (Snyder) Ordinance No. 6600 provides amendments and the creation of new sections to Title 18. It repeals section 18.31.230 of Auburn City Code and provides for the amortization of setback requirements, relating to zoning and land use code provisions for animals C. 1st Quarter 2016 Financial Report (10 Minute Presentation/5 Minute Q&A)* (Coleman) D. Council Retreat Goals - Affordable Housing (5 Minute Presentation/10 Minute Q&A)* (Hinman) E. Payback Agreements Overview and Review of the Pending Ordinance No. 6602 Bert Warm Sewer Payback Agreement (10 Minute Presentation/10 Minute Q&A)* (Snyder) F. Ordinance No. 6601 (10 Minute Presentation/10 Minute Q&A)* (Snyder) Amendments to Title 15 adopting the 2015 International Building Code, Washington State Amendments, and local building code amendments G. Capital Project Status Report and Feature Capital Project (20 Minute Presentation/10 Minute Q&A) (Sweeting) IV. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 1 of 144 *Denotes attachments included in the agenda packet. Page 2 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5235 (20 Minute Presentation/10 Minute Q&A) Date: June 6, 2016 Department: Community Development & Public Works Attachments: Agenda Bill Resolution No. 5235 Budget Impact: $0 Administrative Recommendation: Discussion only. Background Summary: Please see the attached Agenda Bill. Reviewed by Council Committees: Other: Legal, Community Development Councilmember:Staff:Snyder Meeting Date:June 13, 2016 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 3 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution 5235 – Abatement at 304 T Street SE, 1322 17th Street NE, 911 17th Street NE, 12124 SE 314th Place, 32237 46th Place South, 714 8th Street SE, 1235 23rd Street SE, and unaddressed Parcel Numbers 3327020460, 0221049122, 0221049179 Date: May 19, 2016 Department: Community Development & Public Works Attachments: Resolution 5235 Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Resolution No. 5235 authorizing the city to expend funds to abate public nuisances and vegetation at 304 T Street SE, 1322 17th Street NE, 911 17th Street NE, 12124 SE 314th Place, 32237 46th Place South, 714 8th Street SE, 1235 23rd Street SE, and unaddressed Parcel Numbers 3327020460, 0221049122, 0221049179. Background Summary: The City of Auburn conducts progressive code enforcement action in accordance with Chapter 1.25 (Civil Penalties for Violations) and other applicable Titles and Chapters of the Auburn City Code. The City of Auburn opened code compliance cases for 10 properties in the first half of 2016 related to issues such as unmaintained vegetation, litter, junk, debris, unpermitted buildings, unauthorized grading activities and inoperable vehicles. Consistent with standard operating procedure, code enforcement officers attempted to obtain compliance by working with the owners of the properties. A formal Notice to Correct has been issued for each property however inadequate action has been taken to remedy the subject violations or there has been demonstrated non-compliance in prior years for the same violation that is present today. Subsequent formal Notices of Penalty and/or Infractions have been issued for each property however each property remains in a state of non-compliance. Community Development Code Enforcement staff have determined that the current condition of these properties, pertaining to the identified public nuisances, warrant abatement action by the City of Auburn. The passage of this Resolution would authorize the Mayor or designee to engage in substantive abatement action. The condition of these properties, in staff’s professional determination, present a threat to the public health, safety and welfare of the residents of the surrounding properties and negatively impacts the community’s quality of life. The 10 properties are identified as follows: · 304 T Street SE – unmaintained vegetation o Case #VIO16-0244 – Notice to Correct issued on May 13, 2016 with a compliance deadline of May 20, 2016. · 1322 17th Street NE – unmaintained vegetation o Graffiti Case #VIO16-0216 – Notice to Correct issued on May 3, 2016 with a compliance deadline of May 12, 2016. This property is in foreclosure and is vacant. Code Enforcement anticipates having to continue to return to this property on repeated occasion. · 911 17th Street NE – unmaintained vegetation, litter and debris, unsecured structure o Case #VIO16-0173 – Notice to Correct issued on April 15, 2015 with a compliance deadline of April 21, 2016. This property is vacant. Code Enforcement anticipates having to continue to return to this property on repeated occasion and has had to address the same repeat violations in 2014 and 2015. · 12124 SE 314th Place – unmaintained vegetation o Case #VIO16-0172 – Notice to Correct issued on April 20, 2016 with a compliance deadline of April 29, 2016. This property is in foreclosure and is vacant. Code Enforcement anticipates having to continue to return to this property on repeated occasion. · 32237 46th Place South – unmaintained vegetation, litter and debris, junk/inoperable vehicles, unpermitted buildings, buildings within setbacks o Case #VIO16-0033 – Notice to Correct issued on January 4. 2016 with a compliance deadline of February 1, 2016; Notice of Infraction issued February 5, 2016; Municipal Court upheld issuance of Infraction on April 29, 2016. · 714 8th Street SE – unmaintained vegetation, litter and debris, unsecured structure o Case #VIO16-0052 – Notice to Correct issued on February 12, 2016 with a compliance deadline DI.A Page 4 of 144 Agenda Subject: Resolution No. 5235 for Abatement Authority Date: June 13, 2016 Page 2 of 3 of February 19, 2016; Notice of Penalty issued on March 1, 2016. · 1235 23rd Street SE – unmaintained vegetation, litter and debris, junk/inoperable vehicles o Case #VIO16-0053 – Notice to Correct issued on February 12, 2016 with a compliance deadline of February 19, 2016; Notice of Penalty issued on March 7, 2016; Notice of Infraction issued on February 24, 2016 and March 25, 2016. · Parcel Number 3327020460 – unmaintained vegetation o Case #VIO16-0203 – Notice to Correct issued on April 28, 2016 with a compliance deadline of May 6, 2016; Notice of Infraction issued on May 12, 2016. The same violations occurred in 2015 for this property without any attempt on the property owner to resolve the issues. · Parcel Number 0221049122 – unauthorized grading and clearing, unmanaged stormwater and lack of erosion control o Case #VIO16-0027 – Notice to Correct was issued on January 28, 2016 with a compliance deadline of February 12, 2016; Notice of Penalty was issued on May 12, 2016. · Parcel Number 0221049179 – unauthorized grading and clearing, unmanaged stormwater and lack of erosion control o Case #VIO15-0629 – Notice to Correct was issued on January 28, 2016 with a compliance deadline of February 12, 2016; Notice of Penalty was issued on February 24, 2016; Notice of Infraction was issued on March 30, 2016. Following passage of the Resolution by the City Council, staff will provide notification to the property owner of the abatement authority. Once notice has been provided the property owner has 3 days to remedy the violation before any abatement action occurs. Often times, abatement notification is effective at getting the property owner to take the necessary action. As a result, it is not uncommon for Code Enforcement to no longer need to exercise the abatement action. In the event the property owner fails to comply, Code Enforcement will contract with a qualified service provider to conduct cleanup of the exterior portions of the property, and/or securing of structures, and/or removal of inoperable vehicles. Staff anticipates that there may be a need to conduct on-going clean up and securement activity until the City can obtain compliance action from the ownership entity. All costs associated with first time and on- going abatement actions will be applied as a lien against the property that will have to be paid in order for any future sale of the property to occur. The City will also track and apply all administrative costs (staff time, court cots, filing fees, etc.) associated with the conduct of abatement against this property and apply them as a lien against the property as well. Community Development has adequate budget capacity within the abatement line item in our 2015 budget to cover anticipated costs associated with abatement actions potentially through the remainder of the calendar year. These anticipated costs range between $500 and $2,000 per property. However, as noted above, it is likely that the notice of abatement action will result in the property owner taking the necessary action(s) which allows the City to avoid incurring abatement costs. Reviewed by Departments & Divisions: Building M&O Cemetery Mayor Finance Parks Fire Planning Legal Police Public Works Human Resources Information Services Surveying Action: Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ___/___/____ Tabled _____________________________________ Until ___/___/____ Staff: Tate Meeting Date: June 13, 2016 DI.A Page 5 of 144 Agenda Subject: Resolution No. 5235 for Abatement Authority Date: June 13, 2016 Page 3 of 3 Exhibit 1: Proposed Resolution No. 5235 authorizing abatement action DI.A Page 6 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 1 of 10 RESOLUTION NO. 5235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE THE LITTER, JUNK, WEEDS AND ATTRACTIVE NUISANCES IN THE CITY OF AUBURN AND AUTHORIZING STEPS TO RECOVER THE CITY’S COSTS THEREOF WHEREAS, Article XI, Section 11 of the Washington State Constitution, and Sections 35.22.280, 35.21.310, and 35A.21.160 of the Revised Code of Washington (RCW), among other statutes, authorize cities to abate nuisances within their corporate limits; and WHEREAS, Title 8 of the Auburn City Code (ACC) provides a mechanism for the City to abate nuisances and to enforce laws regulating the presence of junk, litter, debris and overgrown weeds and vegetation on property; and WHEREAS, ACC 8.12 empowers the City to take corrective action when efforts to have a property owner cure nuisances on the person’s property have been unsuccessful; and WHEREAS, the property at 304 T Street SE, in Auburn, Washington, constitutes a nuisance property under ACC 8.20.010 due to a lack of vegetation maintenance; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 304 T Street SE, which efforts have been unsuccessful in prompting the owner to maintain the vegetation on the premises; and DI.A Page 7 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 2 of 10 WHEREAS, the property at 1322 17th Street NE, in Auburn, Washington, constitutes a nuisance property under ACC 8.20.010 due to a lack of vegetation maintenance; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 1322 17th Street NE, which efforts have been unsuccessful in prompting the owner to maintain the vegetation on the premises; and WHEREAS, the property at 911 17th Street NE, in Auburn, Washington, constitutes a nuisance property under ACC 8.20.010 due to a lack of vegetation maintenance, ACC 8.12.020 due to the presence of junk and trash, and ACC 15.06.010 because the building is not secure; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 911 17th Street NE, which efforts have been unsuccessful in prompting the owner to secure the building at that property and maintain the vegetation on the premises or to remove the junk and trash; and WHEREAS, the property at 12124 SE 314th Place, in Auburn, Washington, constitutes a nuisance property under ACC 8.20.010 due to a lack of vegetation maintenance; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 12124 SE 314th Place, which efforts have been unsuccessful in prompting the owner to secure the building at that property and maintain the vegetation on the premises; and DI.A Page 8 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 3 of 10 WHEREAS, the property at 32237 46th Place South, in Auburn, Washington, constitutes a nuisance property under ACC 8.12.020 due to the presence of junk and trash, ACC 8.14.030 due to the presence of junk and/or inoperable vehicles, ACC 15.07.050 due to the construction of buildings without a permit, and ACC 18.07.030 due to the placement of buildings within setbacks; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 32237 46th Place South, which efforts have been unsuccessful in prompting the owner to remove the junk and trash, remove junk and/or inoperable vehicles, obtain a building permit for buildings that require a permit, and to comply with zoning setbacks; and WHEREAS, the property at 714 8th Street SE, in Auburn, Washington, constitutes a nuisance property under ACC 8.20.010 due to a lack of vegetation maintenance, ACC 8.12.020 due to the presence of junk and trash, and ACC 15.06.010 because the building is not secure; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 714 8th Street SE, which efforts have been unsuccessful in prompting the owner to secure the building at that property, to maintain the vegetation on the premises, or to remove the junk and trash; and DI.A Page 9 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 4 of 10 WHEREAS, the property at 1235 23rd Street SE, in Auburn, Washington, constitutes a nuisance property under ACC 8.12.020 due to the presence of junk and trash, ACC 8.14.030 due to the presence of junk and/or inoperable vehicles, and ACC 8.20.010 due to a lack of vegetation maintenance; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 1235 23rd Street SE, which efforts have been unsuccessful in prompting the owner to remove the junk and trash, remove junk and/or inoperable vehicles, or maintain vegetation; and WHEREAS, the property identified as King County Parcel Identification Number 3327020460, in Auburn, Washington, constitutes a nuisance property under ACC 8.20.010 due to a lack of vegetation maintenance; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property identified as King County Parcel Identification Number 3327020460, which efforts have been unsuccessful in prompting the owner to maintain the vegetation on the premises; and WHEREAS, the property identified as King County Parcel Identification Number 0221049122, in Auburn, Washington, constitutes a nuisance property under ACC 15.74.040 for failure to obtain a grading permit prior to conducting grading and clearing activities and ACC 13.48.225 as a result of uncontrolled stormwater management; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property identified as King DI.A Page 10 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 5 of 10 County Parcel Identification Number 0221049122, which efforts have been unsuccessful in prompting the owner to obtain a grading permit and/or to take action to control stormwater runoff; and WHEREAS, the property identified as King County Parcel Identification Number 0221049179, in Auburn, Washington, constitutes a nuisance property under ACC 15.74.040 for failure to obtain a grading permit prior to conducting grading and clearing activities and ACC 13.48.225 as a result of uncontrolled stormwater management; and WHEREAS, the City’s Code Enforcement staff have communicated with and given a corrective notice to the owner of the property identified as King County Parcel Identification Number 0221049179, which efforts have been unsuccessful in prompting the owner to obtain a grading permit and/or to take action to control stormwater runoff; and WHEREAS, because matters such as overgrown grass and weeds, the presence of junk vehicles and litter, the presence of junk or inoperable vehicles, unsecured structures, buildings constructed without a permit and without adhering to zoning laws, and unpermitted clearing and grading activities that lack appropriate stormwater management techniques all present a danger to public health, safety and welfare it is appropriate that the City take appropriate steps to abate these nuisance conditions on said properties and to take all steps provided in code to recover the City’s costs of such corrective action. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: DI.A Page 11 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 6 of 10 Section 1. Findings of Nuisance. That the City Council makes the following findings: a) The vegetation at the property at 304 T Street SE has remained in violation of city public nuisance regulations and therefore presents a threat to the public health and safety. The condition of the vegetation at the presents a sight distance hazard and encroaches into the City right of way and is therefore appropriate to remedy. b) The property at 1322 17th Street NE has remained vacant and unmaintained for several months which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the vegetation at the Property has remained unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. c) The property at 911 17th Street NE has remained vacant and unmaintained for at least two years which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the vegetation and junk/trash at the Property has remained unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. d) The property at 12124 SE 314th Place has remained vacant and unmaintained for at least two years which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the vegetation at the Property has remained unmaintained which DI.A Page 12 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 7 of 10 contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. e) The property at 32237 46th Place South is occupied by individuals who are illegally residing within a recreational vehicle, have constructed buildings without permits, have constructed buildings within property setbacks, have collected junk and/or inoperable vehicles, and have allowed junk and trash to accumulate all of which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the junk/trash, unpermitted structures, and junk/inoperable vehicles at the Property has remained unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. f) The property at 714 8th Street SE has remained unmaintained for several months which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the vegetation, the unsecured structure, and junk/trash at the Property has remained unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. g) The property at 1235 23rd Street SE has remained unmaintained for several months which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the junk/trash and the presence of inoperable vehicles at the Property has DI.A Page 13 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 8 of 10 continued to remain unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. h) The property at 3327020460 has remained vacant and unmaintained for at least two years which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the vegetation at the Property has remained unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. i) The property at 0221049122 was cleared and graded without permits which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. In addition to the failure to obtain a grading permit, the condition of the Property continues to lack stormwater management and erosion control techniques. j) The property at 0221049179 was cleared and graded without permits which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. In addition to the failure to obtain a grading permit, the condition of the Property continues to lack stormwater management and erosion control techniques. k) The conditions of these properties constitute a nuisance that warrants abatement under ACC Chapters 8.12, 8.14, 8.20, 15.74, and 13.48. DI.A Page 14 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 9 of 10 l) The condition of the properties is detrimental to health, safety and welfare of the public and necessitates corrective action to preserve the public health, safety and welfare. m) The City has provided persons or entities with an interest in each property with notice of the violations, the nuisance conditions, and necessary remedial action and they have all failed to take corrective action. Section 2. Authorization for Abatement and Cost Recovery. That if the nuisance conditions herein described are not fully corrected within three days of receipt of written notice of abatement of these nuisance conditions to the person(s) or entity owning, occupying or controlling each premises, the Mayor is authorized to utilize City resources to correct and abate the nuisance conditions at any said property, to record all costs of abatement, and to take all legal steps to recover these costs from the person(s) or entity owning or controlling the property(ies). Section 3. Continuing Abatement Authorization. That after the Mayor has exercised the authority granted in Section 2, the Mayor finds that any of the above findings describe the condition of one of the properties, the Mayor is authorized to again give notice of abatement to the person(s) or entity owning, occupying or controlling such premises and, if no corrective action is taken within three days of the date of receipt of the notice, to again utilize City resources to correct and abate the nuisance conditions at said property and take all legal steps to recover the costs from the person(s) or entity owning or controlling the premises. DI.A Page 15 of 144 ---------------------------- Resolution No. 5235 June 6, 2016 Page 10 of 10 Section 4. Administrative Procedures. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this _____ day of _________________, 2016. CITY OF AUBURN ATTEST: __________________________ NANCY BACKUS, MAYOR _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney DI.A Page 16 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6600 (10 Minute Presentation/10 Minute Q&A) Date: June 7, 2016 Department: Community Development & Public Works Attachments: Ordinance No. 6600 Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: The proposed ordinance would modify the City’s regulations for the keeping of animals on residential properties, as summarized below. Discussions were held with the Planning Commission in February 2, and March 8, of this year along with a final presentation on May 3rd followed up with a formal public hearing conducted on May 17th. The Planning Commission’s recommendation of proposed changes is summarized as follows: 1) add new definitions and regulations for beekeeping 2) update definitions and regulations for keeping domestic fowl (e.g. chickens) 3) modify the definition for small domestic animals (“household pets”) to except animals such as fish 4) modify and clarify the definition for medium domestic animals (e.g. miniature goats) 5) modify and clarify the definition for large domestic animals (e.g. horses) 6) combine the existing two code sections that contain the regulations for keeping animals into one section, update incorrect or non-applicable code verbiage (e.g. licensing requirements for potbelly pigs does not exist) in these sections, and other general updates (e.g. add chicken coops must meet setbacks) 7) add section that requires existing areas or structures housing animals to meet these updated Code provisions for setbacks within 30 days of notification by the City. Language is included that allows a request for extension beyond the 30 days. Additionally, at the May 17th public hearing, the Planning Commission initiated a discussion about the maximum number of small domestic animals (e.g. cats and AUBURN * MORE THAN YOU IMAGINEDDI.B Page 17 of 144 dogs) that a property owner is allowed to have on their property. Staff did not initiate this conversation nor did any members of the public. The Planning Commission looked at a section of code that has been in place since prior to the mid 1980’s which establishes the limit of domestic animals at four (4). While the purpose of the staff initiated amendments was to address targeted areas of the existing code, the limit of 4 small domestic animals is not an area that staff believed needed to be changed. Nonetheless, the Planning Commission asked staff why the limit was set at 4. Not knowing that this would be an area of concern, Staff did not know the history of how the number 4 was derived. The Planning Commission felt that this limitation was arbitrary and voted to recommend that it be increased to 5. Staff has no basis for recommending that this limit be increased from 4 to 5 and believes that 5 is equally arbitrary. Additionally, since staff is not able to produce documentation that the existing limit of 4 is problematic, staff is a bit perplexed at the rational for changing the limit from 4 to 5. A change to 5 animals would also necessitate a further change to ACC 6.04.040 “Maximum number of dogs or cats”. Staff encourages City Council to consider the appropriateness of this part of the Planning Commission’s recommendation. Reviewed by Council Committees: Other: Planning, Legal, Building Councilmember:Staff:Snyder Meeting Date:June 13, 2016 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 18 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 1 of 17 ORDINANCE NO. 6 6 0 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING NEW SECTIONS 18.04.115, 18.04.237, 18.04.238, 18.04.523, AND 18.04.617, OF THE CITY CODE , AMENDING SECTIONS 18.04.325, 18.04.622, 18.04.823 (FORMERLY SECTION 18.04.495), 18.07.020, 18.07.030 AND 18.31.220 OF THE CITY CODE AND REPEALING SECTION 18.31.230 OF THE AUBURN CITY CODE, AND PROVIDING FOR THE AMORTIZATION OF SETBACK REQUIREMENTS, RELATING TO ZONING AND LAND USE CODE PROVISIONS FOR ANIMALS WHEREAS, the current language of the Auburn City Code includes zoning and land use code provisions that address various different animal and pet regulations; and WHEREAS, with respect to some of those provisions, additions to and modifications of provisions would be valuable for the City to be better able to address issues related to the zoning and land use issues in ways that accommodate the interaction between the City’s nuisance codes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Section to City Code. That a new Section 18.04.115 of the Auburn City Code be, and the same hereby is created to read as follows: 18.04.115 Apiary “Apiary” (“apiaries”) means a place where honey bees (apis mellifera) are kept; a collection of beehives. “Beekeeping” is included under this definition. Section 2. New Section to City Code. That a new Section 18.04.237 of the Auburn City Code be, and the same hereby is created to read as follows: DI.B Page 19 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 2 of 17 18.04.237 Chicken coop. “Chicken coop” means a building for housing and weather protection for domestic fowl. The chicken coop is treated as an accessory structure. Section 3. New Section to City Code. That a new Section 18.04.238 of the Auburn City Code be, and the same hereby is created to read as follows: 18.04.238 Chicken run. “Chicken run” or “chicken pen” means an area enclosed by fencing or netting which may or may not be connected to a coop within which domestic fowl can move about freely within a limited portion of the property or site. Section 4. New Section to City Code. That a new Section 18.04.523 of the Auburn City Code be, and the same hereby is created to read as follows: 18.04.523 Large domestic animal. “Large domestic animal” means horses, ponies, donkeys, cows, standard size goats, llamas, oxen, standard size pigs, and other similar sized animals. Section 5. New Section to City Code. That a new Section 18.04.617 of the Auburn City Code be, and the same hereby is created to read as follows: 18.04.617 Medium domestic animal. “Medium domestic animal” means potbelly pigs, miniature goats, miniature horses, and other similar sized animals that are larger than a small domestic animal and smaller than a large domestic animal. Section 6. Amendment to City Code. That Section 18.04.325 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.325 Domestic fowl and poultry. “Domestic fowl and poultry” includes all species of chickens, turkeys, geese, and ducks, pigeons or other fowl or poultry of similar size and character. Roosters and peafowl are not included in this definition and are not permitted. (Ord. 6369 § 5, 2011.) Section 7. Amendment to City Code. That Section 18.04.622 of the Auburn City Code be and the same hereby is amended to read as follows: DI.B Page 20 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 3 of 17 18.04.622 Miniature goat. “Miniature goats” include species of goats commonly known as pygmy (Capra hircus hircus pygmy), or Nigerian dwarf (Capra hircus hircus nigerian dwarf) and miniature goats. (Ord. 6369 § 6, 2011.) Section 8. Amendment to City Code. That Section 18.04.823 (formerly 18.04.495) of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.823 Household pet Small domestic animal. “Household pet Small domestic animal” means a domesticated animal of ordinary species that lives, or is commonly known to be capable of living, within the confines of a residence such as dogs, cats, common rabbits, ferrets, or other similar sized animals. Other indoor animals weighing less than ten (10) pounds, such as, but not limited to, caged birds, small rodents, fish, and non -venomous reptiles or amphibians, and not kept for commercial purposes, are not regulated under this title. Any endangered or exotic species are prohibited. Animals considered to be common household pets include but are not necessarily limited to the following: dogs, cats, rabbits, indoor birds, small rodents, and fish, miniature goats, potbelly pigs, and domestic fowl. Animals not considered to be common household pets include but are not necessarily limited to the following: horses, cows, goats, sheep, swine, donkeys full-size swine, full-size goats and endangered or exotic species and any similar species. (Ord. 6369 § 1, 2011; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720, and 18.04.495.) Section 9. Amendment to City Code. That Section 18.07.020 of the Auburn City Code be and the same hereby is amended to read as follows: Table 18.07.020 Permitted Use Table – Residential Zoning Designations P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 A. Residential Uses. Accessory dwelling units P P P P X1 X1 X1 DI.B Page 21 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 4 of 17 Table 18.07.020 Permitted Use Table – Residential Zoning Designations P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Accessory use, residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P Communal residence four or less individuals P P P P P P P Duplexes; provided, that minimum lot size of zoning designation is met and subject to compliance with Chapter 18.25 ACC (Infill Residential Development Standards) X X A P P P X Foster care homes P P P P P P P Group residence facilities (7 or more residents) X X X X C C C Group residence facilities (6 or fewer residents) P P P P P P P Keeping household pets of animals4 P2 P2 P2 P2 P2 P2 P2 Multiple-family dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and managed by the neighborhood homeowners’ association A6 A6 A6 A6 A6 P P Use as dwelling units of (1) recreational vehicles that are not part of an approved recreational vehicle park, (2) boats, (3) automobiles, and (4) other vehicles X X X X X X X Renting of rooms, for lodging purposes only, to accommodate not more than two persons in addition to the family or owner occupied unit8 P P P P P P P Residential care facilities including but not limited to assisted living facilities, convalescent homes, continuing care retirement facilities P P X X A P P Single-family detached dwellings, new P P P P P P X DI.B Page 22 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 5 of 17 Table 18.07.020 Permitted Use Table – Residential Zoning Designations P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Supportive housing, subject to the provisions of ACC 18.31.160 X X X X X P P Swimming pools, tennis courts and similar outdoor recreation uses only accessory to residential or park uses P P P P P P P Townhouses (attached) X X X X P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial retail, included as part of mixed- use development and not a home occupation in compliance with Chapter 18.60 ACC X X X X A A A Daycare, limited to a mini daycare center. Daycare center, preschool or nursery school may also be permitted but must be located on an arterial X A A A A A A Home-based daycare as regulated by RCW 35.63.185 and through receipt of approved city business license P P P P P P P Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Mixed-use development3 X X X X P P P Nursing homes X X X X C C C Private country clubs and golf courses, excluding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not homeowners’ association-owned recreational area X A A A A P P Professional offices, included as part of mixed-use development and not a home occupation in compliance with Chapter 18.60 ACC X X X X A A A DI.B Page 23 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 6 of 17 Table 18.07.020 Permitted Use Table – Residential Zoning Designations P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 C. Resource Uses. Agricultural enterprise:7 When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per calendar year A7 X X X X X X When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per calendar year C7 X X X X X X Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing4 P X X X X X X Public and private stables4 P X X X X X X Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements P X X X X X X Fish hatcheries C X X X X X X D. Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A DI.B Page 24 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 7 of 17 Table 18.07.020 Permitted Use Table – Residential Zoning Designations P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Hospitals (except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Type 1-D wireless communication facility (see ACC 18.04.912(J)) P P P P P P P Utility facilities and substations C5 C5 C5 C5 C5 C5 C5 1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31.120. 2. Please see the supplemental development standards for animals in ACC 18.31.220. 3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for and receive the administrative or conditional use approval, as applicable. 4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property o wners shall comply with the provisions of the King County board of health code. 5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E). 6. Administrative use permit not required when approved as part of a subdivision or binding site plan. 7. Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural enterprises development standards. 8. An owner occupant that rents to more than two persons but no more than four persons is required to obtain a city of Auburn rental housing business license and shall meet the standards of the International Property Maintenance Code. (Ord. 6565 § 2, 2015; Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363 § 3, 2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.) DI.B Page 25 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 8 of 17 Section 10. Amendment to City Code. That Section 18.07.030 of the Auburn City Code be and the same hereby is amended to read as follows: Table 18.07.030 Residential Development Standards Standard RC R-1 R-5 R-7 R-10 R-16 R-20 A Base density (units per net acre) 0.25 1 5 7 10 16 20 B Minimum density (units per net acre)1 0.25 1 4 5 8 12 15 C Minimum average lot area per dwelling unit (square feet) 174,240 35,000 8,000 6,000 4,300 2,700 2,175 D Minimum lot area per dwelling unit (square feet) 174,240 35,000 6,000 4,300 2,000 2,000 2,000 E Minimum lot width (feet)2 125 125 50 40 20 for interior lots; 35 for exterior lots 20 for interior lots; 35 for exterior lots 20 for interior lots; 35 for exterior lots F Minimum setbacks (feet)2,3 1 Residence front setback3 35 35 10 10 10 10 10 2 Garage (minimum front setback required from street access)3 20 20 20 20 20 20 20 unless alley- loaded then 15 provided DI.B Page 26 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 9 of 17 Table 18.07.030 Residential Development Standards Standard RC R-1 R-5 R-7 R-10 R-16 R-20 there are 20 feet from any garage 3 Setback to any property line for barns, stables, coops, or similar structures for enclosure of large domestic animals. For other animals, see the supplemental development standards for animals in ACC 18.31.220. 75 X X X X X X 4 Setback to any property line for any corral, exercise yard, or arena for large domestic animals. For other animals, see the supplemental development standards for animals in ACC 18.31.220. 35 X X X X X X 5 Interior side setback 20 10 5 5 5 5 5 6 Street side setback3 35 20 10 10 10 10 10 7 Rear setback3 35 35 20 20 20 20 20 8 Rear setback, detached structure 15 15 10 5 5 5 5 DI.B Page 27 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 10 of 17 Table 18.07.030 Residential Development Standards Standard RC R-1 R-5 R-7 R-10 R-16 R-20 In all zones, 20 ft for structure with vehicular entrance oriented toward street or public alley3 G Maximum lot coverage (%) 25 35 40 50 60 70 70 H Maximum impervious area (%) 25 50 65 75 N/A N/A N/A I Maximum building height (feet) 35 35 35 35 45 45 50 J Maximum height of accessory buildings and structures 354 35 16 16 16 NA NA K Minimum front setback area landscape strip (feet) N/A N/A 5 5 10 10 10 L Minimum side setback area landscape strip (feet) N/A N/A 5 5 10 10 10 M Minimum landscaped open space (%) N/A N/A N/A N/A 20 20 20 1. For purposes of calculating minimum density, critical area buffers are not included in net site area. See ACC 18.02.065 for calculation of net acreage for minimum density. 2. All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the satisfaction of the city engineer that all required utility infrastructure, access requirements, and street elements can be accommodated in accordance with the design and construction standards. 3. In addition to meeting setback requirements, all structures must meet sight distance requirements in accordance with city design and construction standards. 4. Barns and other specialized structures used for agricultural purposes may exceed the height limits. DI.B Page 28 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 11 of 17 (Ord. 6245 § 5, 2009.) Section 11. Amendment to City Code. That Section 18.31.220 of the Auburn City Code be and the same hereby is amended to read as follows: 18.31.220 Permitted animals.1 The types and allowed number of animals permitted, are listed as follows, provided the following requirements are met. The specified minimum lot size per animal are absolute requirements. No variances, waivers, and/or modifications under the Auburn City Code shall be granted. The keeping of animals that require no lot size or lesser lot size are allowed to be cumulative, when lot size requirements have been met. For example, on a 12,500 square -foot lot, the keeping of one (1) miniature goat, one (1) potbelly pig, and two (2) dogs could be allowed. Licensing of pets and animal control is governed by ACC Title 6, Animals. A. Small Domestic domestic Fowlanimals. Small Domestic domestic fowl animals may be kept as small animals if the owner complies with the following: 1. Small domestic animals are permitted as an accessory use to a residence or business. 2. Up to five (5) four (4) small domestic animals, including foster animals, per dwelling or commercial building regardless of lot size. Offspring less than six (6) months of age are not included in this number. 3. A pet license is required for each cat or dog in accordance with chapter 6.04, Animal Licensing. B. Domestic fowl. Domestic fowl may be kept if the owner complies with the following: 1. Domestic fowl and poultry are permitted as an accessory use to a single-family residence. 12. Roosters and peafowl are not permitted. 23. Structures, or yard areas including chicken coops, pens or runs, housing domestic fowl must comply with accessory structure setbacks applicable in the zoning district where the shelter property is to be located. 34. Up to a total of four (4) domestic fowl and poultry can be kept on lots that are at least 6,000 gross square feet in size. On lots that are larger than 6,000 gross square feet, one additional small lot domestic fowl or poultry animal may be kept per additional 2,000 gross square feet as shown in ACC 18.31.230. The maximum number of domestic fowl allowed per lot is ten (10); this maximum does not apply to properties zoned RC, Residential Conservancy or R-1, residential one dwelling unit per acre. 1 Code reviser’s note: Ordinance 6369 adds these provisions as Section 18.31.210. The section has been renumbered to avoid duplication of numbering. DI.B Page 29 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 12 of 17 45. Please referenceThe keeping conforms to ACC 8.28.010 regarding noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC 6.24.020 regarding slaughtering. BC. Miniature Goats. Miniature goats are medium domestic animals and may be kept as small animals if they are licensed as follows if the owner complies with the following: 1. Miniature goats are permitted as accessory use to a single-family residence. 2. Male miniature goats must be neutered. 23. All miniature goats must be dehorned. 34. Nursing offspring of miniature goats licensed according to the provisions of this code may be kept until weaned, but no longer than 12 weeks from birth without meeting the requirements contained herein. 45. Shelter The location of structures housing miniature goats must comply with accessory structure setbacks applicable in the zoning district where the shelter property is to be located. 56. Licensing must be done in accordance with ACC Title 6, Animals, which incorporates the provisions of King County Code Title 11, Animal Care and Control. 6. Up to two (2) miniature goats are allowed on lots that are at least 12,500 gross square feet in size. On lots that are greater than 12,500 gross square feet, one (1) additional medium size domestic animal may be kept per additional 7,500 gross square feet as shown in ACC 18.31.230. 7. Please referenceThe keeping conforms to ACC 8.28.010 regarding noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC 6.24.020 regarding slaughtering. CD. Potbelly Pigs. Miniature potbelly pigs are medium domestic animals and may be kept as a small animal; provided, that no swine t hat is greater than 22 inches in height at the shoulder or more than 150 pounds in weight may be kept in the cityin the owner complies with the following.: 1. Potbelly pigs are permitted as accessory use to a single-family residence. 2. Potbelly pigs are no greater than 24 inches in height at the shoulder and no more than 150 pounds. 3. Nursing offspring of potbelly pigs licensed according to the provisions of this code may be kept until weaned, but no longer than 12 weeks from birth without meeting the requirements contained herein. 24. Shelter The location of structures housing potbelly pigs must comply with accessory structure setbacks applicable in the zoning district where the shelter property is to be located. 35. Licensing must be done in accordance with ACC Title 6, Animals, which incorporates the provisions of King County Code Title 11, Animal Care and Control. DI.B Page 30 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 13 of 17 45. Two (2) potbelly pigs can be kept on lots that are at least 12,500 gross square feet in size. On lots that are greater than 12,500 gross square feet, one (1) additional medium size domestic animal may be kept per additional 7,500 gross square feet as shown in ACC 18.31.230. 56. Please reference The keeping conforms to ACC 8.28.010 regarding noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC 6.24.020 regarding slaughtering. E. Large domestic animals. Large domestic animals may be kept if the owner complies with the following: 1. Large domestic animals are allowed as an accessory use to a single-family residence. 2. Two (2) large domestic animals can be kept on lots that are at least one (1) acre in size. 3. On lots that are larger than one (1) acre, one (1) additional large domestic animal may be kept per additional 21,780 square feet. 4. The location and structures housing large domestic animals and any corral, exercise yard or arena, must comply with the setbacks applicable in the zoning district where the property is located. 5. The keeping conforms to ACC 8.28.010 regarding noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC 6.24.020 regarding slaughtering. F. Apiaries (keeping of honey bees [apis mellifera]), also referred to as beekeeping, may be permitted if the owner complies with the following: 1. Beekeeping is allowed as an accessory use to a single -family residence. 2. All hives are registered with the State Department of Agriculture. 3. No more than two (2) hives, each with only one (1) swarm , shall be kept on lots of less than ten thousand (10,000) square feet. 4. Hives shall not be located within twenty-five (25) feet of any property line with the hive(s) entrance(s) facing away from the nearest property line. 5. The keeping conforms to ACC 8.28.010 regarding noise disturbance and ACC 8.12.020 regarding nuisances affecting public health and safety. G. Amortization of pre-existing, nonconforming, structures housing animals and runs or pens. An individual who receives written notice from the city that a structure (coop) or yard area (runs or pens) housing animals regulated by this section, except small domestic animals, that does not comply with setback requirements shall have thirty (30) days from the date of notification to bring the property/structure into compliance. If any individual believes that his or her circumstances pose particular difficulty in meeting the 30-day timeframe for compliance with the setback requirements of this section, the individual may request in writing of the community development & public works director (planning director) or designee additional time to bring his or her activity into DI.B Page 31 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 14 of 17 conformity. Decisions of the community development & public works director (planning director) or designee to grant or deny the extension shall be final and conclusive. (Ord. 6369 § 8, 2011.) Section 12. Repeal of Section in City Code. That Section 18.31.230 of the Auburn City Code be and the same hereby is repealed. Section 13. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 14. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, 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 15. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED:___________________ PASSED: _______________________ APPROVED: _____________________ CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR DI.B Page 32 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 15 of 17 ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ DI.B Page 33 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 16 of 17 SECTION BEING DELETED 18.31.230 Table of allowed districts.1 The allowable numbers of animals permitted outright, provided the minimum lot size is met, are detailed in the following table. The specified minimum lot sizes are absolute requirements. No variances, waivers, and/or modifications under the Auburn City Code may be granted. The keeping of animals that require lesser lot size is allowed to be cumulative, when lot size requirements have been met. Licensing of pets and animal control is governed by ACC Title 6, Animals, which incorporates the provisions of King County Code Title 11, Animal Care and Control. RC R-1 R-5 R-7 R-10 R-16 R-20 RO C-1 C-2 C-3 Goats Y Y Y Y C* C* C* N N N Y Pigs Y Y Y Y C* C* C* N N N Y Chickens Y Y Y Y C* C* C* N N N Y Y = Yes N = No C = Conditional *Permitted as an outright use if more than 50 percent of the property is not covered with impervious surface. If the property is more than 50 percent covered with impervious surface then the applicant must apply for an administrative use permit pursuant to Chapter 18.64 ACC. These applications will not be processed as conditional use permits. Type of Animal Maximum Number of Animals Permitted Outright Household pets: dogs, cats, rabbits, caged indoor birds, small rodents, and if weighing less than 10 pounds any nonvenomous reptiles and amphibians. 4* per dwelling or commercial building regardless of lot size. A pet license is required for each cat or dog. Domestic fowl. 4 on lots that are at least 6,000 gross sq. ft. in size. On lots that are larger than 6,000 gross sq. ft., 1 additional small lot domestic animal may be kept per additional 2,000 gross sq. ft. Medium size animals: potbelly pigs, and miniature goats that are smaller than 24 inches at the shoulder and/or not more than 150 pounds in weight. 2 on lots that are at least 12,500 gross sq. ft. in size. On lots that are greater than 12,500 gross sq. ft., 1 additional medium lot domestic animal may be kept per additional 7,500 gross sq. ft. Large size animals: horses, ponies, donkeys, cows, standard size goats, llamas, oxen, standard size pigs. 2 on lots that are at least 1 gross acre in size. On lots that are larger than 1 gross acre, 1 additional large lot domestic animal may be kept per additional 21,780 sq. ft. *Includes foster animals. (Ord. 6369 § 9, 2011.) DI.B Page 34 of 144 -------------------------------- Ordinance No. 6600 June 7, 2016 Page 17 of 17 1 Code reviser’s note: Ordinance 6369 adds these provisions as Section 18.31.211. The section has been renumbered to match the renumbering of the preceding section. DI.B Page 35 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: 1st Quarter 2016 Financial Report (10 Minute Presentation/5 Minute Q&A) Date: June 7, 2016 Department: Finance Attachments: Quarterly Financial Report Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: The purpose of the quarterly financial report is to summarize for the City Council the general state of Citywide financial affairs and to highlight significant items or trends that the City Council should be aware of. The following provides a high level summary of the City’s financial performance; further details can be found within the attached financial report. The first quarter status report is based on financial data available as of June 1, 2016 for the period ending March 31, 2016. Sales tax information represents business activity that occurred through January 2016. General Fund: The General Fund is the City’s largest fund and accounts for the majority of City resources and services, other than those required by statute to be accounted for in another fund. Through March 2016, General Fund revenues totaled $11.6 million compared to a budget of $11.1 million and were $0.1 million higher than the revenues collected for the same period in 2015. Notable variances to budget in the first quarter of 2016 include: •Property tax collections through Q1-2016 totaled $796,000, which is 11.5% or $103,000 below budget expectations but exceeded collections in the same period last year by $12,000, or 1.5%. The majority of property tax revenues are collected during the months of April and October, coinciding with the due dates for the County property tax billings. AUBURN * MORE THAN YOU IMAGINEDDI.C Page 36 of 144 •The other taxes category performed better than budget through Q1-2016. Collections in electric and natural gas tax revenues were above budget by $72,000 and $29,000, respectively. City utility tax revenues were also above budget by $44,000, and gambling excise tax revenues were above budget by $102,000. These revenues were somewhat offset by an unfavorable variance in telephone tax collections of $124,000. •Development services fees through March totaled $252,000 and exceeded budget by $90,000. The increased revenues were predominantly attributable to plan check revenues, which surpassed budget expectations by $60,000. •Other fees and charges exceeded the year-to-date budget through Q1-2016 by $102,000, or 43.4%, and exceed Q1-2015 revenue in this category by $45,000. General Fund expenditures through March totaled $14.3 million as compared with a budget of $15.4 million. This represents a 6.8% underspend compared to budget. In the first quarter of 2016, 1,153 pet licenses were sold resulting in $32,560 in revenue. For the same period in 2015, 1,279 licenses were sold resulting in $36,980 in revenue. Street Funds: The City’s three street funds are special revenue funds where the revenue sources and expenditures are legally restricted. These funds are used for street capital construction projects, local street repair and arterial street repair and preservation projects. In Q1-2016, Arterial Street fund revenues collected totaled $140,000 as compared to collections of $277,000 for the same period in 2015; expenditures totaled $516,000 as compared to $364,000 spent in the first quarter last year. Local Street fund revenues exceeded budget expectations for the quarter by $135,000, or 25.0%, due to higher than anticipated sales tax revenues from local construction projects; expenditures were virtually at budget. Lastly, Arterial Street Preservation fund revenues totaled $511,000 as compared to a budget of $504,000, while expenditures totaled $95,000. Proprietary Funds: The City’s seven proprietary funds account for operations with revenues primarily provided from user fees, charges or contracts for services. At the end of Q1-2016, the Water fund had net operating income of $738,000 compared to operating income of $772,000 at the end of Q1-2015. The Sewer fund ended the period with net income of $638,000 compared to income of $527,000 in the previous year. The Sewer-Metro Utility ended the quarter with a net operating loss of $40,000 as compared to an operating loss of 215,000 in 2015. Lastly, the Stormwater Utility ended the quarter with operating income of $713,000 compared to operating income of $1.1 million for the same period in 2015. AUBURN * MORE THAN YOU IMAGINEDDI.C Page 37 of 144 The Cemetery ended Q1-2016 with net operating income of $155,000 compared to operating income of $123,000 for the same period in 2015. Internal Service Funds: Internal Service Funds provide services to other City departments and include functions such as Insurance, Worker’s Compensation, Facilities, Innovation and Technology, and Equipment Rental. All funds have sufficient revenues to cover year- end expenditures. Investment Portfolio: The City’s total cash and investments at the end of the quarter was $114.7 million, and compares to $118.3 million at the end of Q1-2015. Reviewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:June 13, 2016 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 38 of 144 Quarterly Financial Report Through Q1-2016 General Fund Summary Co u n c i l & M a y o r Ad m i n i s t r a t i v e Se r v i c e s Co m m u n i t y & Hu m a n S e r v i c e s Mu n i c i p a l C o u r t & P r o b a t i o n Hu m a n Re s o u r c e s Fi n a n c e Ci t y A t t o r n e y Co m m u n i t y De v e l o p m e n t Ja i l - S C O R E Po l i c e Pu b l i c W o r k s Pa r k s , A r t s & R e c r e a t i o n St r e e t s No n - De p a r t m e n t a l $0 $1 $2 $3 $4 $5 $6 $7 Mi l l i o n s YTD Budget YTD Actuals (Favorable) YTD Actuals (Unfavorable) Year-To-Date General Fund Expenditures by Department (Through Q1-2016) Pr o p e r t y T a x e s Sa l e s T a x e s Ot h e r T a x e s In t e r g o v e r n m e n t a l (G r a n t s , e t c . ) De v e l o p m e n t Se r v i c e F e e s Cu l t u r e & Re c r e a t i o n Ot h e r F e e s & C h a r g e s Ot h e r R e v e n u e s Pe r s o n n e l Su p p l i e s & S e r v i c e s In t e r g o v e r n m e n t a l Ot h e r E x p e n d i t u r e s Revenues Expenditures $0 $1 $2 $3 $4 $5 $6 $7 $8 $9 $10 Mi l l i o n s YTD Budget YTD Actuals (Favorable) YTD Actuals (Unfavorable) Year-To-Date General Fund Revenues and Expenditures (Through Q1-2016)$11.1 $15.4 $11.6 $14.3 Total Revenues Total Expenditures $0 $5 $10 $15 $20 Mi l l i o n s 1DI.C Page 39 of 144 Quarterly Financial Report Through Q1-2016 General Fund 2015 Summary of Sources and Uses Annual BudgetYTD BudgetYTD ActualYTD ActualAmount Operating Revenues Property Tax 17,733,500$ 899,300$ 796,137$ 783,959$ (103,163)$ (11.5)% Sales Tax 14,572,0003,665,900 3,691,9673,627,140 26,067 0.7 % Sales Tax - Annexation Credit 1,912,000477,400 496,407 487,969 19,007 4.0 % Criminal Justice Sales Tax 1,747,000430,400 484,107 444,625 53,707 12.5 % Brokered Natural Gas Tax 282,000 94,700 88,617 83,760 (6,083)(6.4)% City Utilities Tax 3,521,200821,300 865,034 830,856 43,734 5.3 % Admissions Tax 333,600 61,300 49,849 64,119 (11,451)(18.7)% Electric Tax 3,297,700816,800 888,465 777,771 71,665 8.8 % Natural Gas Tax 852,000228,400 257,763 263,620 29,363 12.9 % Cable TV Franchise Fee 906,700224,400 245,425 226,595 21,025 9.4 % Cable TV Franchise Fee - Capital 64,000 16,000 16,561 18,071 561 3.5 % Telephone Tax 1,820,000529,600 405,093 476,329(124,507)(23.5)% Garbage Tax (external)106,000 26,490 30,540 27,110 4,050 15.3 % Leasehold Excise Tax 33,000 6,300 16,208 10,536 9,908 157.3 % Gambling Excise Tax 234,400 61,700 164,088 70,728 102,388 165.9 % Taxes sub-total 47,415,100$ 8,359,990$ 8,496,259$ 8,193,187$ 136,269$ 1.6 % Business License Fees 221,000$ 91,800$ 73,583$ 115,833$ (18,217)$ (19.8)% Building Permits 1,190,000307,800 238,584 327,641 (69,216)(22.5)% Other Licenses & Permits 533,600 110,200 125,959 131,375 15,759 14.3 % Intergovernmental (Grants, etc.)5,269,5801,154,819 1,215,0301,235,559 60,211 5.2 % Charges for Services: General Government Services 67,200 18,100 25,760 23,767 7,660 42.3 % Public Safety 520,300130,075 159,101 165,721 29,026 22.3 % Development Services Fees 680,600162,300 252,474 355,121 90,174 55.6 % Culture and Recreation 2,105,080354,200 401,083 400,152 46,883 13.2 % Fines and Forfeits 796,180 208,200 243,206 250,099 35,006 16.8 % Fees/Charges/Fines sub-total 11,383,540$ 2,537,494$ 2,734,781$ 3,005,267$ 197,287$ 7.8 % Interest and Other Earnings 35,200$ 8,200$ 20,517$ 10,150$ 12,317$ 150.2 % Rents, Leases and Concessions 588,600108,800 143,068 98,285 34,268 31.5 % Contributions and Donations 32,000 6,000 1,808 7,158 (4,192)(69.9)% Other Miscellaneous 157,800 30,600 79,862 43,095 49,262 161.0 % Transfers In 76,000 76,000 76,000 76,000 0 0.0 % Insurance Recoveries - Capital & Operating 25,000 6,248 16,845 58,487 10,597 169.6 % Other Revenues sub-total 914,600$ 235,848$ 338,100$ 293,176$ 102,253$ 43.4 % Total Operating Revenues 59,713,240$ 11,133,331$ 11,569,141$ 11,491,630$ 435,809$ 3.9 % Operating Expenditures Council & Mayor 985,404$ 268,800$ 258,683$ 232,012$ 10,117$ 3.8 % Administration 1,307,747 327,000 229,903 182,908 97,097 29.7 % Community & Human Services 971,096 158,900 229,100 160,056 (70,200)(44.2)% Municipal Court & Probation 2,356,172 143,700 131,787 114,007 11,913 8.3 % Human Resources 1,277,320 299,800 312,488 246,012 (12,688)(4.2)% Finance 1,322,606 320,700 287,781297,749 32,919 10.3 % City Attorney 2,217,978 526,100 469,102 455,501 56,998 10.8 % Community Development 4,479,0611,200,700 984,2521,018,198 216,448 18.0 % Jail - SCORE 5,583,5421,005,000 669,912 914,716 335,088 33.3 % Police 24,114,4265,998,200 5,984,3845,540,500 13,816 0.2 % Public Works 2,841,494 743,100 720,694 653,336 22,406 3.0 % Parks, Arts & Recreation 11,491,6992,611,400 2,516,7942,464,694 94,606 3.6 % Streets 3,431,557 729,500 665,582 558,209 63,918 8.8 % Non-Departmental 4,852,1581,035,751 857,956 442,453 177,795 17.2 % Total Operating Expenditures 67,232,261$ 15,368,651$ 14,318,419$ 13,280,351$ 1,050,232$ 6.8 % 2016 2016 YTD Budget vs. Actual Favorable (Unfavorable) Percentage 2DI.C Page 40 of 144 Quarterly Financial Report Through Q1-2016 Overview This financial overview reflects the City’s overall financial position for the fiscal period ending March 31, 2016 and represents financial data available as of May 11, 2016. Through March 2016, General Fund revenues totaled $11.5 million compared to a budget of $11.1 million, and were $77,000 higher than the revenues collected during the same period in 2015. Some notable variances to budget year-to-date include:  Property tax collections through Q1-2016 totaled $796,000, which is 11.5% or $103,000 below budget expectations but exceeded collections in the same period last year by $12,000, or 1.5%. The majority of property tax revenues are collected during the months of April and October, coinciding with the due dates for the County property tax billings.  General Fund sales tax revenues totaled $3.7 million, exceeding budget by 0.7% or $26,000, and exceeding 2015 collections by $65,000. The areas of significant increase in sales activity compared to 2015 were primarily seen in the service, wholesale trade, and transportation and warehousing categories.  The other taxes category performed better than budget through Q1-2016. Collections in electric and natural gas tax revenues were above budget by $72,000 and $29,000, respectively. City utility tax revenues were also above budget by $44,000, and gambling excise tax revenues were above budget by $102,000. These revenues were somewhat offset by an unfavorable variance in telephone tax collections of $124,000.  Development services fees through March totaled $252,000 and exceeded budget by $90,000. The increased revenues were predominately attributable to plan check revenues, which surpassed budget expectations by $60,000. A significant contributing factor to the favorability of plan check fee revenues was the Multicare Emergency Room remodel project.  Culture and recreation revenues exceeded budget by $47,000, and exceeded collections for the same period last year by $1,000, or 0.23%. Revenue sources with significant increases compared to Q1-2015 include Auburn Theater ticket sales, the Cultural Arts Program, and recreational classes, which combined for a total $65,000 of favorable variance from the same period the prior year. These variances were offset by lower than expected league fees and Auburn Golf Course greens fees, which totaled $61,000 and which can vary widely with the seasons.  Other fees and charges exceeded the year-to-date budget through Q1-2016 by $102,000, or 43.4%, and exceed Q1-2015 revenue in this category by $45,000. This was partially due to purchase card rebates exceeding budget projections by $20,000, or 100%, and the receipt of a one-time settlement in the City’s favor of $10,600 for past-due leasehold excise tax (LHET) from a sub-lessee of City-leased property. General Fund expenditures through the third quarter of 2016 totaled $14.3 million as compared to a budget of $15.2 million, representing 6.1% less than budget. The Human Resources and Community and Human Services departments exceeded their allocated budgets through Q1-2016. The Community and Human Services department represented the largest unfavorable variance 3DI.C Page 41 of 144 Quarterly Financial Report Through Q1-2016 percentage-wise at 44.2% over budget, or $70,200. The principal factor affecting this was an up-front payment of $60,000 to the City of Renton for joint Human Services funding, which covers the City’s entire annual expenditures for several service programs Year-to-date General Fund expenditures ended the period $1.0 million, or 7.8%, higher than the same period last year. The increase in year-over-year expenditures was attributable to several factors, including a $155,000 (18.8%) increase in charges paid to Valley Communications for 911 services. Salary and benefit costs increased by $486,000, or 6.2%, from the same period last year due to several factors including increased costs associated with healthcare and pension expenses. Intergovernmental services and payments for the quarter increased by $200,000 from Q1-2015, in large part due to the timing of budgeted transfers from the General Fund to the Cumulative Reserve Fund. $11.1 M $15.2 M $11.6 M $14.3 M $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 $18.0 Revenues Expenditures $ Millions General Fund 2016 Revenues vs. Expenditures 2016 YTD Actual 2016 YTD Budget 4DI.C Page 42 of 144 Quarterly Financial Report Through Q1-2016 Revenues The combined total of property, sales/use, utility, gambling, and admissions taxes provides approximately 80% of all resources supporting general governmental activities. The following section provides additional information on these sources. Property Tax collections through Q1-2016 totaled $796,000, which is 11.5% or $103,000 below budget expectations. The property tax collection through Q1-2016 exceeded collections in the same period last year by $12,000, or 1.5%. The majority of property tax revenues are collected during the months of April and October, coinciding with the due dates for the County property tax billings. Note that by mid-May, property tax collections were at $12 million and 68% of total budget. This YTD shortfall at March 31 is merely a timing difference. 5DI.C Page 43 of 144 Quarterly Financial Report Through Q1-2016 Sales tax collections totaled $4.2 million, of which $3.7 million was distributed to the General Fund and $524,000 was distributed to the Local Street Fund (SOS) program.* Through March 2016, total sales tax revenue distributions to the General Fund exceeded budget expectations by $26,000, or 0.7%. * Beginning in 2013, Local Street Fund (Fund 103) street repairs have been funded from sales taxes on construction. The total amount transferred year-to-date through Q1-2016 was $524,200. The graphic above presents sales taxes under the current policy. The following table breaks out the City’s base sales tax, excluding Criminal Justice, Annexation Credit and Streamlined Sales Tax Mitigation, by major business sector. 20152016 Component GroupActualActualAmount Construction 518,935$ 524,200$ 5,265$ 1.0 % Manufacturing 206,323210,7174,394 2.1 % Transportation & Warehousing16,16023,2577,096 43.9 % Wholesale Trade 285,979295,2949,315 3.3 % Automotive 859,381862,3672,986 0.3 % Retail Trade 1,364,1841,333,483(30,701)(2.3)% Services 905,073973,19268,119 7.5 % Miscellaneous 23,35825,3311,973 8.4 % YTD Total 4,179,394$ 4,247,841$ 68,447$ 1.6 % Change from 2015 March-2016 Comparison of Sales Tax Collections by SIC Group Percentage 6DI.C Page 44 of 144 Quarterly Financial Report Through Q1-2016 Total sales tax revenue collected through Q1-2016 exceeded prior year collections by $68,000, or 1.6%. The business sectors showing the largest increase in revenues compared to last year were the service, wholesale trade, and transportation and warehousing industries. Total sales tax revenue on construction, which is transferred to the Local Street Fund (Fund 103) for local street repair and maintenance, totaled $524,200, which is $5,000 higher than the same period last year and exceeds year-to-date budgeted revenue by $133,000. 7DI.C Page 45 of 144 Quarterly Financial Report Through Q1-2016 Utility Taxes consist of interfund taxes on City utilities (Water, Sewer, Storm and Solid Waste) and taxes on external utilities (Electric, Natural Gas, Telephone and Solid Waste). Utility taxes collected through Q1-2016 totaled $2.4 million and exceeded year-to-date budget by $23,000 or 1.0%. As shown in the table below, overall utility tax revenues collected year-to-date were $24,000, or 1.0%, above budget. Favorable variances in City interfund utility tax, Electric tax and Natural Gas tax revenues more than offset lower than expected collections from the Telecommunication industry. The April budget amendment, BA#5, reduced this revenue by $200,000. This budget reduction will be reflected on the next quarterly report for period ending June 30. 201520162016 Utility Tax TypeActualBudgetActualAmount Amount City Interfund Utility Taxes830,856$ 821,300$ 865,034$ $ 34,177 4.1 % $ 43,734 5.3 % Electric 777,771816,800888,465 $ 110,694 14.2 %71,665 8.8 % Natural Gas 263,620228,400257,763 $ (5,857)(2.2)%29,363 12.9 % Telephone 476,329529,600405,093 $ (71,236)(15.0)%(124,507)(23.5)% Solid Waste (external)27,11026,49030,540 $ 3,430 12.7 %4,050 15.3 % YTD Total 2,375,686$ 2,422,590$ 2,446,894$ $ 71,208 3.0 % $ 24,304 1.0 % March 2016 Utility Tax by Type 2016 vs. 2015 Actual 2016 vs. Budget Percentage Percentage 8DI.C Page 46 of 144 Quarterly Financial Report Through Q1-2016 Cable TV Franchise Fees, which are collected quarterly, totaled $245,000 and exceeded the year-to- date budget of $224,000 by $21,000, or 9.4%. 9DI.C Page 47 of 144 Quarterly Financial Report Through Q1-2016 Licenses and Permits include business licenses, building permits, plumbing, electric and other licenses and permit fees. Building permit fees and business licenses make up about 70% of the annual budgeted revenue in this category. Building permit revenues collected in through March totaled $239,000, compared to a year-to-date budget of $308,000. Building permits issued through March total 155, and compares to 190 issued during the same period in 2015. Major projects contributing revenues this quarter include building permits for the Estate at Hillside Gardens, Edgeview, and Boeing’s Auburn fabrication plant. This trend looks dismal as of March 31. Looking forward through the end of May this revenue stands at $500,000 and 41% of budget which puts this revenue stream back on track. 10DI.C Page 48 of 144 Quarterly Financial Report Through Q1-2016 Business license revenues collected through March totaled $74,000 compared to a budget of $92,000; these revenues were below budget by $18,000 largely due to timing of collections. The graphic below reflects the timing of payments by business owners, where the majority of business license payments are typically collected during the first two months of the year and the last month of the year. Review of December 2015 receipts shows that there was $63,000 more collected than anticipated. This again is a timing issue. 11DI.C Page 49 of 144 Quarterly Financial Report Through Q1-2016 Intergovernmental revenues include Grants (Direct & Indirect Federal, State and Local), compact revenue from the Muckleshoot Indian Tribe (MIT), intergovernmental and state shared revenues. Collections to date totaled $1.2 million and were $60,000, or 5.2%, over budget. Favorable variances in Motor Vehicle Fuel Tax revenue and Liquor Excise revenue more than offset the reduced revenues received in Federal grant monies, Streamlined Sales Tax, and MIT compact revenue. Effective during the state’s 2016 fiscal year budget cycle, the City of Auburn does not qualify for Criminal Justice High Crime revenues because the City’s crime rate for the last reporting period did not exceed the statewide average. Therefore, the City of Auburn will not receive these distributions for reporting periods Q3-2015 through Q2-2016. The estimate fiscal impact to the City of Auburn in 2016 is a reduction in General Fund revenues in the amount of $48,000. 201520162016 Revenue ActualBudgetActualAmount Amount Federal Grants 7,672$ 6,800$ 1,794$ $ (5,878)(76.6)% $ (5,006)(73.6)% State Grants 53,31929,00032,824 (20,495)(38.4)%3,824 13.2% Interlocal Grants 0 02,500 2,500 0.0 %2,500 N/A Muckleshoot Casino Emerg.158,617157,500152,315 (6,302)(4.0)%(5,185)(3.3)% Intergovernmental Service 5,2314,191 0 (5,231)(100.0)%(4,191)N/A State Shared Revenues: Streamlined Sales Tax 497,179500,000481,850 (15,329)(3.1)%(18,150)(3.6)% Motor Vehicle Fuel Tax 245,573223,600269,097 23,524 9.6 %45,497 20.3% Criminal Justice - High Crime 48,266 0 0 (48,266)(100.0)%0 N/A Criminal Justice - Population 4,8724,4005,083 212 4.3 %683 15.5% Criminal Justice - Special Prog.17,89916,60018,586 687 3.8 %1,986 12.0% Marijuana Enforcement 0 04,878 4,878 N/A4,878 N/A State DUI 3,2803,7002,972 (309)(9.4)%(728)(19.7)% Fire Insurance Tax 0 0 0 0 N/A 0 N/A Liquor Excise 37,12450,65380,048 42,924 115.6 %29,395 58.0% Liquor Profit 163,528158,375163,084 (444)(0.3)%4,709 3.0% Total State Shared:1,017,720957,3281,025,5987,878 0.8 %68,270 7.1% YTD Total 1,242,559$ 1,154,819$ 1,215,030$ (27,529)$ (2.2)%60,211$ 5.2% Intergovernmental March 2016 2016 vs. 2015 Actual 2016 vs. Budget % Change % Change 12DI.C Page 50 of 144 Quarterly Financial Report Through Q1-2016 Charges for Services consist of general governmental services, public safety, development service fees and cultural & recreation fees. Overall, charges for services collected through Q1-2016 totaled $838,000 compared to a budget of $660,000. Total revenues collected thus far exceed budget by $173,000, or 26.1%. General governmental revenues through Q1-2016 totaled $26,000 compared to a budget of $18,000. Budget expectations for these revenues were revised from the prior year due to the fact that the City no longer provides services to the City of Algona; therefore the City does not receive reimbursement for services. Public safety revenues collected year-to-date totaled $159,000, compared to budget of $130,000. Public safety revenues consist of revenues generated for Police Officer extra duty overtime, where officers are contracted for services and reimbursement is made by the hiring contractor. Effective June 2014, public safety revenue also includes reimbursement from the Muckleshoot Indian Tribe (MIT) for a full-time dedicated Police Officer and associated expenditures. Development services fee collections, which primarily consist of plan check fees, totaled $252,000 and exceeded budget by $90,000. Total plan check fees collected this quarter totaled $197,000, compared to a budget of $138,000 and Q1-2015 collections of $307,000. Plan check revenues in Q1- 2016 included revenues from several commercial projects including Auburn MultiCare, Christopher Garden apartments, and the Promenade Apartment project on Lea Hill. Some of the single family housing projects included Edgeview, Sonata Hill, and Mountain View North. 201520162016 Revenue ActualBudgetActualAmount Amount General Government 23,767$ 18,100$ 25,760$ $ 1,993 8.4 % $ 7,660 42.3 % Public Safety 165,721130,075159,101 (6,620)(4.0)%29,026 22.3 % Development Services355,121162,300252,474 (102,647)(28.9)%90,174 55.6 % Culture & Recreation400,152354,200401,083 931 0.2 %46,883 13.2 % YTD Total 944,761$ 664,675$ 838,418$ (106,343)$ (11.3)% $ 173,743 26.1 % Charges for Services by Type March 2016 2016 vs. 2015 Actual 2016 vs. Budget Percentage Percentage 13DI.C Page 51 of 144 Quarterly Financial Report Through Q1-2016 14DI.C Page 52 of 144 Quarterly Financial Report Through Q1-2016 Culture and recreation revenues totaled $401,000 and exceeded year-to-date budget by $47,000, or 13.2%. A substantial portion of this favorable variance was due to the Cultural Arts Program, which has already exceeded annual budgeted revenue by $13,000, or 74.1%. Recreational classes have also exceeded expectations by $22,000, or 21.2%. Auburn Golf Course greens fees revenues were down $20,000, or 18.1%, from the same period last year. 15DI.C Page 53 of 144 Quarterly Financial Report Through Q1-2016 Fines & Penalties include traffic and parking infraction penalties, criminal fines (including criminal traffic, criminal non traffic and other criminal offenses) as well as non-court fines such as false alarm fines. Total revenue collected through Q1-2016 totaled $243,000, compared to a budget of $208,000. 201520162016 Month ActualBudgetActualAmount Amount Civil Penalties 3,037$ 4,000$ 2,383$ $ (654)(21.5)% $ (1,617)(40.4)% Civil Infraction Penalties138,883123,800125,459 $ (13,425)(9.7)% $ 1,659 1.3 % Redflex Photo Enforcement1,541 07,204 $ 5,662 367.4 % $ 7,204 N/A Parking Infractions 33,19424,10035,130 $ 1,936 5.8 % $ 11,030 45.8 % Criminal Traffic Misdemeanor16,38613,40010,160 $ (6,227)(38.0)% $ (3,240)(24.2)% Criminal Non-Traffic Fines13,33512,60012,256 $ (1,079)(8.1)% $ (344)(2.7)% Criminal Costs 16,13011,90016,111 $ (19)(0.1)% $ 4,211 35.4 % Non-Court Fines & Penalties27,59218,40034,505 $ 6,913 25.1 % $ 16,105 87.5 % YTD Total 250,099$ 208,200$ 243,206$ (6,893)$ (2.8)% $ 35,006 16.8 % March 2016 Fines & Forfeits by Type 2016 vs. 2015 Actual 2016 vs. Budget Percentage Percentage 16DI.C Page 54 of 144 Quarterly Financial Report Through Q1-2016 Miscellaneous revenues primarily consist of investment earnings, income from facility rentals, contributions & donations, and other miscellaneous income, which includes the quarterly purchasing card (P-card) rebate monies. Total revenues collected in this category through Q1-2016 totaled $245,000 and exceeded budget expectations by $92,000, or 59.7%. Primary contributors to this revenue performance include purchase card rebates, which exceeded expectations by $20,000, or 107.5%; a settlement in the City’s favor for $11,000; an insurance recovery of $12,000 for damage to the Dragon slide; and interest and investment earnings that exceeded expectations by $12,000, or 150.2%. 201520162016 Month ActualBudgetActualAmount Amount Interest & Investments 10,150$ 8,200$ 20,517$ 10,367$ 102.1 %12,317$ 150.2 % Rents & Leases 98,285108,800143,06844,783$ 45.6 %34,268$ 31.5 % Contributions & Donations 7,1586,0001,808(5,350)$ (74.7)%(4,192)$ (69.9)% Other Miscellaneous Revenue43,09530,60079,86236,767$ 85.3 %49,262$ 161.0 % YTD Total 158,688$ 153,600$ 245,255$ 86,567$ 54.6 %91,655$ 59.7 % Miscellaneous Revenues by Type March 2016 2016 vs. 2015 2016 vs. Budget Percentage Percentage 17DI.C Page 55 of 144 Quarterly Financial Report Through Q1-2016 Real Estate Excise Tax (REET) revenue is receipted into the Capital Improvement Projects Fund and is used for governmental capital projects. REET revenues collected through Q1-2016 totaled $920,000 and exceeded budgeted amounts by $92,000, or 11.1%. Revenues were lower than the same period in 2015, which saw the sale of several large businesses in the City, to include the Outlet Collection – Seattle and the Lakeland Town Center. Real estate sales in the City of Auburn in Q1-2016 included the sale of several commercial and warehouse buildings, several of large plots of land, and various single family residences. 2015 2016 2016 Month Actual BudgetActualAmount Amount Jan 125,089$ 97,400$ 339,594214,505$ 171.5%242,194$ 248.7% Feb 115,287 128,700286,943171,656148.9%158,243123.0% Mar 1,394,226 601,900293,361(1,100,865)(79.0)%(308,539)(51.3)% Apr 423,394 244,000 (423,394)(100.0)%(244,000)(100.0)% May 345,489 234,300 (345,489)(100.0)%(234,300)(100.0)% Jun 436,101 267,400 (436,101)(100.0)%(267,400)(100.0)% Jul 348,745 260,200 (348,745)(100.0)%(260,200)(100.0)% Aug 269,454 212,100 (269,454)(100.0)%(212,100)(100.0)% Sep 228,140 163,500 (228,140)(100.0)%(163,500)(100.0)% Oct 296,100 183,000 (296,100)(100.0)%(183,000)(100.0)% Nov 233,389 195,900 (233,389)(100.0)%(195,900)(100.0)% Dec 347,582 211,600 (347,582)(100.0)%(211,600)(100.0)% YTD Total 1,634,602$ 828,000$ 919,898$ (714,704)$ (43.7)%91,898$ 11.1% Annual Total 4,562,995$ 2,800,000$ Real Estate Excise Tax Revenues March 2016 Percentage 2016 vs. 2015 2016 vs. Budget Percentage 18DI.C Page 56 of 144 Quarterly Financial Report Through Q1-2016 Pet Licensing Year-to-date, 1,153 pet licenses were sold, resulting in $32,560 in revenue. For the same period in 2015, 1,279 licenses were sold, resulting in $36,980 in revenue. 2016 Budget Goal: $240,000 2016 Revenue = $32,560 2015 Revenue = $36,980 2016 Licenses Sold = 1,153 2015 Licenses Sold = 1,279 0 2,000 4,000 6,000 8,000 10,000 12,000 $0 $50 $100 $150 $200 $250 $300 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Nu m b e r o f L i c e n s e s I s s u e d Li c e n s e R e v e n u e ( t h o u s a n d s ) Cumulative Pet Licensing Revenue & Licenses Issued 2016 vs 2015 2016 License Revenue 2016 License Revenue (Budget Goal: $240,000) 2016 Licenses Issued 2015 Licenses Issued 19DI.C Page 57 of 144 Quarterly Financial Report Through Q1-2016 Street Funds This section provides financial overview of the City’s three street funds for the fiscal period ending March 31, 2016. This City’s three street funds include the following: the Arterial Street Fund (Fund 102), the Local Street Fund (Fund 103), and the Arterial Street Preservation Fund (Fund 105). The capital project expenditures are budgeted primarily based on the collection/disbursement average for the same period of the prior two years. Fund 102 – Arterial Street Fund The Arterial Street Fund is a Special Revenue Fund that is funded by transportation grants, traffic impact fees, a portion of the City’s gas tax receipts, Public Works Trust Fund loans, developer contributions, and other sources. There are over 30 separate street projects budgeted in this fund in 2016. Some of these projects include the South 272nd /South 277th Street Corridor Improvement Project, the West Main Street Multimodal Corridor and ITS Improvement Project, and the AWS Corridor Safety Improvement Project (Muckleshoot Plaza to Dogwood). Through March 2016, revenues collected totaled $140,000 and compare to collections of $277,000 the same period in the prior year. Expenditures through March totaled $516,000 and compares to $364,000 spent the same period last year. Fund 102 - Arterial Street 2015Summary of Sources and Uses Annual Report Period: March 2016 BudgetYTD BudgetYTD ActualYTD ActualAmount Revenues Federal Grants 6,073,763$ 58,295$ -$ 37,560$ (58,295)$ (100.0)% State Grants 4,040,00077,478 0 0(77,478)(100.0)% Motor Vehicle Fuel Tax 530,000132,500117,986115,534(14,514)(11.0)% Developer Contributions 1,375,000 0 0 0 0 N/A % Miscellaneous Revenue 306,67476,66920,70082,953(55,969)(73.0)% Other Governmental Agencies 0 0 025,370 0 N/A Operating Transfer In 2,542,887 0 014,285 0 N/A % Investment Income 2,000 500 1,321 814 821 164.3 % Total Revenues 14,870,324$ 345,442$ 140,007$ 276,515$ (205,434)$ (59.5)% Expenditures Salary and Benefits 839,323$ 181,473$ 121,994$ 86,675$ 59,479$ 32.8 % Services and Charges 245,000 61,250 43 28,30161,207 99.9 % Capital Outlay 14,394,3691,702,985374,996230,8561,327,990 78.0 % Interfund Payments for Services 74,550 18,63818,63917,787 (2)(0.0)% Debt Service Principal and Interest217,862 0 0 0 0 N/A Total Expenditures 15,771,104$ 1,964,345$ 515,671$ 363,619$ 1,448,675$ 73.7 % Net Change in Fund Balance(900,780)$ (1,618,904)$ (375,663)$ (87,104)$ 1,243,241$ (76.8)% 2016 2016 YTD Budget vs. Actual Favorable (Unfavorable) Percentage Estimated Beg. Fund Balance, January 20162,576,529$ Net Change in Fund Balance, January 2016(375,663) Ending Fund Balance, March 2016 2,200,866$ 2016 Budgeted Ending Fund Balance 1,675,749$ 20DI.C Page 58 of 144 Quarterly Financial Report Through Q1-2016 21DI.C Page 59 of 144 Quarterly Financial Report Through Q1-2016 Fund 103 – Local Street Fund The Local Street Fund is a Special Revenue Fund where the revenue from sales taxes on construction are used for local street repairs. Through March 2016 the revenues in this fund exceeded budget expectations by $135,000, or 25.0%, due to higher than anticipated sales tax revenues from local construction projects. Expenditures through March totaled $83,000 and compares to year to date budget of $80,000. Projects within this fund include Pavement Patching and Overlay as well as Local Street Pavement Reconstruction Projects. Fund 103 - Local Street Fund 2015 Summary of Sources and UsesAnnual Report Period: March 2016 BudgetYTD BudgetYTD ActualYTD ActualAmount Revenues Sales Tax on Construction 1,610,000$ 390,500$ 524,200$ 518,935$ 133,700$ 34.2 % Operating Transfer In 150,000150,000150,000150,000 0 0.0 % Interest Earnings 2,500 625 2,377 813 1,752 280.4 % Total Revenues 1,762,500$ 541,125$ 676,577$ 669,748$ 135,452$ 25.0 % Expenditures Salary and Benefits 175,090$ 43,772$ 30,654$ 28,356$ 13,119$ 30.0 % Services and Charges 300 75 167 105 (92)(122.5)% Capital Outlay 1,452,42333,31049,302112,569(15,992)(48.0)% Interfund Payments for Services 12,240 3,060 3,060 3,120 0 0.0 % Operating Transfer Out 0 0 0 0 0 N/A % Total Expenditures 1,640,053$ 80,217$ 83,183$ 144,149$ (2,966)$ (3.7)% Net Change in Fund Balance 122,447$ 460,908$ 593,394$ 525,599$ 132,487$ 28.7 % 2016 2016 YTD Budget vs. Actual Favorable (Unfavorable) Percentage Estimated Beg. Fund Balance, January 20162,080,691$ Net Change in Fund Balance, March 2016593,394 Ending Fund Balance, March 2016 2,674,085$ 2016 Budgeted Ending Fund Balance 2,203,138$ 22DI.C Page 60 of 144 Quarterly Financial Report Through Q1-2016 23DI.C Page 61 of 144 Quarterly Financial Report Through Q1-2016 Fund 105 – Arterial Street Preservation Fund The Arterial Street Preservation Fund is a Special Revenue Fund which is primarily funded by a 1.0% utility tax that was adopted by Council in 2008. These utility tax revenues are restricted for arterial street repair and preservation projects. Some projects budgeted within the Arterial Street Preservation Fund in 2016 include Pavement Patching and Overlay, the Annual Arterial and Collector Crack Seal Project, the Auburn Way North Preservation Project and the B Street NW Reconstruction Project. Through March 2016 revenues totaled $511,000 and compares to budget of $504,000. Expenditures through March totaled $95,000. Fund 105 - Arterial St. Presv. 2015 Summary of Sources and UsesAnnual Report Period: March 2016 BudgetYTD BudgetYTD ActualYTD ActualAmount Revenues City Utility Tax 589,000$ 137,300$ 144,172$ 138,476$ 6,872$ 5.0 % Electric Utility Tax 660,500163,600177,693155,55414,093 8.6 % Natural Gas Utility Tax 170,40045,80051,55352,7245,753 12.6 % Cable TV Tax 181,30044,90049,55845,7414,658 10.4 % Telephone Utility Tax 364,000107,80081,01995,266(26,781)(24.8)% Garbage Utility Tax (External Haulers)17,7004,4255,0904,518 665 15.0 % Grants 1,052,900 115 0 0 (115)(100.0)% Developer Mitigation Fees 0 0 0 0 0 N/A Interest Earnings 1,500 375 1,7721,0631,397 372.5 % Total Revenues 3,037,300$ 504,315$ 510,856$ 493,343$ 6,541$ 1.3 % Expenditures Salary and Benefits 124,095$ 31,024$ 75,935$ 19,787$ (44,911)$ (144.8)% Services and Charges 150,000 0 0 0 0 N/A Capital Outlay 2,650,336 290 18,872 641 (18,582)(6415.1)% Operating Transfer Out 401,750 0 0 0 0 N/A Total Expenditures 3,326,181$ 31,314$ 94,807$ 20,428$ (63,493)$ (202.8)% Net Change in Fund Balance (288,881)$ 473,002$ 416,049$ 472,916$ (56,952)$ (12.0)% 2016 2016 YTD Budget vs. Actual Favorable (Unfavorable) Percentage Estimated Beg. Fund Balance, January 20161,943,864$ Net Change in Fund Balance, March 2016 416,049 Ending Fund Balance, March 2016 2,359,914$ 2016 Budgeted Ending Fund Balance 1,654,983$ 24DI.C Page 62 of 144 Quarterly Financial Report Through Q1-2016 25DI.C Page 63 of 144 Quarterly Financial Report Through Q1-2016 Fund 124 – Mitigation Fees The Mitigation Fees Fund is a Special Revenue Fund funded from revenue from new development, which is assessed at the time applications are received for development activity. These funds are used to mitigate costs associated with City growth. In 2015, the revenues in this fund exceeded budget expectations by $761,000, or 54.6%, due to higher than expected parks and fire impact fees and parks mitigation fees. Expenditures in 2015 were under budget by $2.7 million, or 68.4%, due to delays in construction projects. Fund 124 - Mitigation Fees Summary of Sources and Uses Report Period Through:Ending Ending March 2016 Fund Balance Fund Balance Transportation Impact Fees 110,962$ -$ 3,793,047$ 800,000$ 1,691,137$ 2,748,528$ Transportation Migitagion Fees - - 257,710 - 50,000 207,710 Fire Impact Fees 9,574 - 323,794 100,000 50,000 364,220 Fire Mitigation Fees - - 82 - - 82 Parks Impact Fees 60,598 - 1,183,811 75,000 285,000 913,213 Parks Mitigation Fees - - 330,319 - - 330,319 School Impact Admin Fees 1,716 - 79,831 15,000 - 93,115 Wetland Mitigation Fees - - 68,626 - - 68,626 Investment Income 5,742 - 5,742 4,890 - 4,890 Total 188,592$ -$ 6,042,962$ 994,890$ 2,076,137$ 4,730,703$ Beginning Fund Balance, January 1, 2016 5,854,369$ Net Change in Fund Balance, March 2016 188,592 Ending Fund Balance, March 2016 6,042,962$ 2016 Budgeted Ending Fund Balance 4,730,703$ YTD ACTUALS BUDGET Revenues Expenditures Revenues Expenditures 26DI.C Page 64 of 144 Quarterly Financial Report Through Q1-2016 Proprietary Funds Detailed income and expense statements for Enterprise and Internal Service funds can be found in the Appendices at the end of this report. The format has changed and in lieu of a working capital statement there are now operating and capital fund reports for most of these funds. The operating fund houses all the operating costs along with debt service and financing obligations. The capital fund shows costs associated with capital acquisition and construction. Both the operating fund and the capital fund have a working capital balance. This method will isolate those funds available for capital and cash flow needs for daily operations. Project managers will know exactly how much working capital is available for current and planned projects. Additionally, there is a new presentation for each fund showing budget, actual and variance. The next budget amendment will move the working capital from the operating funds to the capital funds along with all the other beginning fund balance adjustments. At the end of the first quarter, the Water Utility had operating income of $738,000. Water sales in Q1-2016 totaled 709,000 hundred cubic feet (ccf), compared to 669,000 ccf during the same period in 2015, representing a 6% increase. . This revenue trails YTD because it is skewed due to timing of demand. August through October are the high revenue months. The Sewer Utility ended the quarter with operating income of $638,000 and is at 26.6% of the annual budget. The Sewer-Metro Utility ended the quarter with net operating loss of $40,000. We expect to see a loss in the first quarter. The payment to Metro is based on a rolling 4 quarter average which is comprised of summer use and activity. The revenues in the first quarter of the year are comprised of winter use and activity. The Stormwater Utility ended Q1-2016 with $713,000 in operating income. 27DI.C Page 65 of 144 Quarterly Financial Report Through Q1-2016 The Cemetery Fund ended the first quarter with operating income of $155,000 as compared with $123,000 for the same period in 2015. Operating revenues totaled $418,000, compared to $358,000 in 2015, representing an increase of 16.8%. Significant revenue increases from 2015 were seen in Openings and Closings ($10,000, or 18%), Lot Sales ($11,000, or 6%), and Markers ($27,000, or 47%). Operating expenditures totaled 264,000 in Q1-2016, compared to 235,673 in the same period last year. Salary and benefit costs increased by 13.8%, partly due to increased costs associated with healthcare and pension expenses, as well as a new Office Assistant position authorized by Budget Amendment #4. Internal Service Funds Operating expenditures within the Insurance Fund represent the premium cost pool that will be allocated monthly to other City funds over the course of 2016. As a result, this balance will gradually diminish each month throughout the year. No significant variances are reported in the Worker’s Compensation, Facilities, Innovation & Technology, or Equipment Rental Funds. The apparent operating loss in Innovation & Technology stems in part from an upfront purchase of software upgrades, and from expenditures later recoded to the Innovation & Technology Capital Projects fund. This is anticipated to balance later in the year. Contact Information This report is prepared by the Finance Department. Additional financial information can also be viewed at our website: http://www.auburnwa.gov/. For any questions about this report please contact Shelley Coleman at scoleman@auburnwa.gov. 28DI.C Page 66 of 144 Investment Purchase Purchase Maturity Yield to Type Date Price Date Maturity State Investment Pool Various 102,270,184$ Various 0.45% KeyBank Money Market Various 11,155,588 Various 0.00% US Treasury 05/04/1990 57,750 05/15/2016 5.72% FNMA 3/11/2016 998,844 2/22/2019 1.20% LAKUTL 9/25/2013 235,919 11/1/2017 1.90% Total Cash & Investments 114,718,286$ 0.417% Investment Mix % of Total State Investment Pool 89.1%Current 6-month treasury rate 0.47% KeyBank Money Market 9.7%Current State Pool rate 0.45% US Treasury 0.1%KeyBank Money Market 0.00% FNMA 0.9% LAKUTL 0.2% 100.0% City of Auburn Investment Portfolio Summary March 31, 2016 Summary 29DI.C Page 67 of 144 SALES TAX SUMMARY MARCH 2016 SALES TAX DISTRIBUTIONS (FOR JANUARY 2016 RETAIL ACTIVITY) 2015 Annual Total 2015 YTD 2016 YTD YTD 2015 Annual Total 2015 YTD 2016 YTD YTD NAICS CONSTRUCTION (Nov '14-Oct '15)(Nov '14-Jan '15)(Nov '15-Jan '16)% Diff NAICS AUTOMOTIVE (Nov '14-Oct '15)(Nov '14-Jan '15)(Nov '15-Jan '16)% Diff 236 Construction of Buildings 1,229,166 315,254 254,528 -19.3%441 Motor Vehicle and Parts Dealer 3,465,199 801,585 800,571 -0.1% 237 Heavy and Civil Construction 252,280 37,474 64,485 72.1%447 Gasoline Stations 241,336 57,796 61,796 6.9% 238 Specialty Trade Contractors 815,416 166,208 205,186 23.5%TOTAL AUTOMOTIVE 3,706,535 859,381 862,367 0.3% TOTAL CONSTRUCTION 2,296,863 518,935 524,200 1.0%Overall Change from Previous Year 2,986 Overall Change from Previous Year 5,265 2015 Annual Total 2015 YTD 2016 YTD YTD 2015 Annual Total 2015 YTD 2016 YTD YTD NAICS RETAIL TRADE (Nov '14-Oct '15)(Nov '14-Jan '15)(Nov '15-Jan '16)% Diff NAICS MANUFACTURING (Nov '14-Oct '15)(Nov '14-Jan '15)(Nov '15-Jan '16)% Diff 442 Furniture and Home Furnishings 253,871 67,674 58,698 -13.3% 311 Food Manufacturing 3,973 744 944 27.0%443 Electronics and Appliances 295,127 63,945 71,643 12.0% 312 Beverage and Tobacco Products 9,323 2,586 2,590 0.1%444 Building Material and Garden 589,676 119,230 125,630 5.4% 313 Textile Mills 372 57 126 122.7%445 Food and Beverage Stores 368,411 88,168 99,528 d 12.9% 314 Textile Product Mills 3,039 831 948 14.0%446 Health and Personal Care Store 220,603 60,307 64,867 7.6% 315 Apparel Manufacturing 116 74 132 79.0%448 Clothing and Accessories 1,079,933 300,270 319,460 6.4% 316 Leather and Allied Products 8 -1 2 -314.3%451 Sporting Goods, Hobby, Books 220,168 64,815 70,314 8.5% 321 Wood Product Manufacturing 65,039 15,004 16,836 12.2%452 General Merchandise Stores 988,004 c 303,638 307,442 1.3% 322 Paper Manufacturing 7,762 1,771 2,050 15.8%453 Miscellaneous Store Retailers 578,836 188,794 128,464 -32.0% 323 Printing and Related Support 59,750 15,187 11,340 -25.3%454 Nonstore Retailers 394,268 107,343 87,438 -18.5% 324 Petroleum and Coal Products 5,394 1,253 1,042 -16.9%TOTAL RETAIL TRADE 4,988,898 1,364,184 1,333,483 -2.3% 325 Chemical Manufacturing 5,508 1,423 1,912 34.4%Overall Change from Previous Year -30,701 326 Plastics and Rubber Products 9,081 2,636 2,068 -21.5% 327 Nonmetallic Mineral Products 14,514 -45 3,064 -6904.9% 331 Primary Metal Manufacturing 1,692 1,240 181 -85.4%2015 Annual Total 2015 YTD 2016 YTD YTD 332 Fabricated Metal Product Manuf 37,819 7,369 9,520 29.2%NAICS SERVICES (Nov '14-Oct '15)(Nov '14-Jan '15)(Nov '15-Jan '16)% Diff 333 Machinery Manufacturing 21,693 7,115 4,480 -37.0%51*Information 526,003 b 132,647 148,482 11.9% 334 Computer and Electronic Product 8,388 1,760 2,435 38.3%52*Finance and Insurance 95,471 22,742 26,939 18.5% 335 Electric Equipment, Appliances 827 391 177 -54.8%53*Real Estate, Rental, Leasing 334,095 82,847 93,076 12.3% 336 Transportation Equipment Man 536,513 132,009 132,003 0.0%541 Professional, Scientific, Tech 195,478 53,353 55,467 4.0% 337 Furniture and Related Products 20,389 3,723 3,765 1.1%551 Company Management 9,230 9,211 13 -99.9% 339 Miscellaneous Manufacturing 50,358 11,195 15,101 34.9%56*Admin. Supp., Remed Svcs 373,781 81,475 91,459 12.3% TOTAL MANUFACTURING 861,555 206,323 210,717 2.1%611 Educational Services 60,189 a 11,671 11,288 -3.3% Overall Change from Previous Year 4,394 62*Health Care Social Assistance 81,684 32,128 26,280 -18.2% 71*Arts and Entertainment 207,717 64,702 73,901 14.2% 72*Accommodation and Food Svcs 1,159,033 270,630 279,056 3.1% 2015 Annual Total 2015 YTD 2016 YTD YTD 81*Other Services 475,505 114,493 126,680 10.6% NAICS TRANSPORTATION AND WAREHOUSING (Nov '14-Oct '15)(Nov '14-Jan '15)(Nov '15-Jan '16)% Diff 92*Public Administration 127,364 29,174 40,548 39.0% 481 Air Transportation 0 0 0 N/A TOTAL SERVICES 3,645,551 905,073 973,192 7.5% 482 Rail Transportation 10,457 3,186 2,808 -11.9%Overall Change from Previous Year 68,119 484 Truck Transportation 7,590 2,375 1,175 -50.5% 485 Transit and Ground Passengers 209 125 0 -100.0% 488 Transportation Support 36,669 7,322 15,369 109.9%2015 Annual Total 2015 YTD 2016 YTD YTD 491 Postal Service 259 81 78 -3.3%NAICS MISCELLANEOUS (Nov '14-Oct '15)(Nov '14-Jan '15)(Nov '15-Jan '16)% Diff 492 Couriers and Messengers 1 1 189 15902.5%000 Unknown 0 0 0 N/A 493 Warehousing and Storage 10,487 3,071 3,638 18.5%111-115 Agriculture, Forestry, Fishing 4,510 1,260 1,552 23.1% TOTAL TRANSPORTATION 65,671 16,160 23,257 43.9%211-221 Mining & Utilities 27,456 4,086 6,222 52.3% Overall Change from Previous Year 7,096 999 Unclassifiable Establishments 39,581 18,011 17,558 -2.5% TOTAL SERVICES 71,548 23,358 25,331 8.4% Overall Change from Previous Year 1,974 2015 Annual Total 2015 YTD 2016 YTD YTD NAICS WHOLESALE TRADE (Nov '14-Oct '15)(Nov '14-Jan '15)(Nov '15-Jan '16)% Diff 423 Wholesale Trade, Durable Goods 1,010,730 240,503 232,215 -3.4%GRAND TOTAL 16,865,540 4,179,393 4,247,841 424 Wholesale Trade, Nondurable 216,303 44,988 62,561 39.1%Overall Change from Previous Year 68,448 1.6% 425 Wholesale Electronic Markets 1,885 488 518 6.2% TOTAL WHOLESALE 1,228,919 285,979 295,294 3.3% Overall Change from Previous Year 9,315 Includes Adjustments in excess of +/- $10,000. a. WA State Dept of Revenue audit adjustment to sales tax returns for period February 2015 (adjustment: $11,845). b. WA State Dept of Revenue audit adjustment to sales tax returns for period March 2015 (adjustment: -$17,839). c. WA State Dept of Revenue audit adjustment to sales tax returns for period April 2015 (adjustment: -$43,875). d. WA State Dept of Revenue audit adjustment to sales tax returns for period November 2015 (adjustment: $10,572). 03/29/16 Prepared by Auburn Finance Department 30DI.C Page 68 of 144 Budget YTD Actual Variance Budget YTD Actual Variance Budget YTD Actual Variance Budget YTD Actual Variance 430 430 431 431 433 433 432 432 OPERATING FUND:460 460 461 461 462 462 OPERATING REVENUES Charges For Service 13,698,782 2,981,935 (10,716,847) 7,847,883 2,020,463 (5,827,420) 16,332,687 4,038,333 (12,294,354) 9,151,487 2,361,451 (6,790,036) Grants - - - 50,000 (50,000) Interest Earnings 7,735 10,342 2,607 10,697 12,778 2,081 700 1,583 883 13,865 13,768 (97) Operating Transfers Rents, Leases, Concessions, & Other 206,854 34,355 (172,499) 70,128 76,554 6,426 - 58,674 39,034 (19,640) TOTAL OPERATING REVENUES 13,913,371 3,026,632 (10,886,739) 7,928,708 2,109,795 (5,818,913) 16,333,387 4,039,916 (12,293,471) 9,274,026 2,414,253 (6,859,773) OPERATING EXPENSES Salaries & Wages 2,587,276 633,113 1,954,163 1,758,478 415,494 1,342,985 - - - 2,397,119 629,542 1,767,577 Benefits 1,306,045 295,233 1,010,811 912,872 194,440 718,433 - - - 1,282,275 293,591 988,684 Supplies 321,994 55,185 266,809 130,500 13,964 116,536 - - - 94,300 23,733 70,567 Other Service Charges 5,185,175 909,049 4,276,126 2,723,275 557,970 2,165,305 - - - 1,670,215 277,418 1,392,797 Capital - 26,451 (26,451) - (0) 0 - - - - 2,771 (2,771) Intergovernmental Services 50,000 50,000 - 70,000 51,285 18,715 268,500 145,909 122,591 Waste Management Payments Sewer Metro Services 16,317,200 4,080,261 12,236,939 Debt Service Principal 1,702,563 - 1,702,563 541,127 - 541,127 - - - 413,162 - 413,162 Debt Service Interest 1,006,253 - 1,006,253 277,082 - 277,082 - - - 360,525 - 360,525 Interfund Loan Repayment - - - Interfund Operating Rentals & Supplies 1,276,967 319,242 957,725 952,338 238,291 714,047 - - - 1,312,518 328,372 984,146 TOTAL OPERATING EXPENSES 13,436,272 2,288,273 11,147,999 7,365,672 1,471,443 5,894,229 16,317,200 4,080,261 12,236,939 7,798,614 1,701,336 6,097,279 NET INCOME BEFORE DEPRECIATION (*)477,099 738,359 261,260 563,036 638,352 75,316 16,187 (40,345) (56,532) 1,475,412 712,917 (762,494) BEGINNING WORKING CAPITAL - January 1, 2016 4,371,774 7,496,770 3,124,997 7,392,467 12,416,930 5,024,464 2,145,237 2,358,518 213,281 7,358,527 12,988,915 5,630,388 ENDING WORKING CAPITAL - March 31, 2016 4,848,873 8,235,129 3,386,256 7,955,502 13,055,282 5,099,780 2,161,424 2,318,173 156,749 8,833,938 13,701,832 4,867,894 NET CHANGE IN WORKING CAPITAL (see Note)477,099 738,359 261,260 563,036 638,352 75,316 16,187 (40,345) (56,532) 1,475,412 712,917 (762,494) (1,548) (490) - (1,130) CAPITAL FUND: CAPITAL REVENUES Interest Revenue 1,265 - (1,265) 2,303 - (2,303) 2,135 - (2,135) Contributions - - - - - - - - - Other Non-Operating Revenue - - - - - - - - - Gain (Loss) On Sale Of Fixed Assets - - - - - - - - - Increase In Contributions - System Development 350,000 12,846 (337,154) 240,000 9,472 (230,528) 350,000 10,710 (339,290) Increase In Contributions - Other - - - - - - - - - Proceeds of Debt Activity 3,050,000 - (3,050,000) - - - - - - Operating Transfers In - - - - - - - - - Other Sources - - - - - - - - - TOTAL CAPITAL REVENUES 3,401,265 12,846 (3,388,419) 242,303 9,472 (232,831) 352,135 10,710 (341,425) CAPITAL EXPENSES Other Non-Operating Expense - - - - - - - - - Net Change In Restricted Net Assets - - - Increase In Fixed Assets - Salaries 245,725 62,669 183,056 230,786 23,378 207,408 294,980 9,372 285,608 Increase In Fixed Assets - Benefits 86,004 26,415 59,588 80,775 10,424 70,352 103,243 3,658 99,585 Increase In Fixed Assets - Site Improvements - 4,326 (4,326) - - - - - Increase In Fixed Assets - Land - - - - Increase In Fixed Assets - Equipment - - - Increase In Fixed Assets - Construction 4,582,761 1,033,174 3,549,587 3,240,439 204,032 3,036,407 2,452,395 213,146 2,239,249 Operating Transfers Out - - - - - - - - - TOTAL CAPITAL EXPENSES 4,914,490 1,126,584 3,787,906 3,552,000 237,834 3,314,166 2,850,618 226,176 2,624,442 BEGINNING WORKING CAPITAL - January 1, 2016 1,513,225 - (1,513,225) 3,309,697 - (3,309,697) 2,498,483 - (2,498,483) ENDING WORKING CAPITAL - March 31, 2016 - (1,113,738) (1,113,738) - (228,362) (228,362) - (215,466) (215,466) NET CHANGE IN WORKING CAPITAL (see Note)(1,513,225) (1,113,738) 399,487 (3,309,697) (228,362) 3,081,335 (2,498,483) (215,466) 2,283,017 - - - Total Change in Working Capital (1,036,126) (375,379) 660,746 (2,746,661) 409,990 3,156,651 16,187 (40,345) (56,532) (1,023,071) 497,452 1,520,523 (*) Depreciation 2,726,100 760,242 2,104,200 552,740 - - 1,688,400 498,584 Beginning balances will be posted as part of BA#6. Note: Working Capital = Current Assets minus Current Liabilities ENTERPRISE FUNDSOPERATING & CAPITAL FUNDS WATER SEWER SEWER METRO STORMthrough March 2016 6/7/2016 2:40 PM31DI.C Page 69 of 144 OPERATING FUND: OPERATING REVENUES Charges For Service Grants Interest Earnings Operating Transfers Rents, Leases, Concessions, & Other TOTAL OPERATING REVENUES OPERATING EXPENSES Salaries & Wages Benefits Supplies Other Service Charges Capital Intergovernmental Services Waste Management Payments Sewer Metro Services Debt Service Principal Debt Service Interest Interfund Loan Repayment Interfund Operating Rentals & Supplies TOTAL OPERATING EXPENSES NET INCOME BEFORE DEPRECIATION (*) BEGINNING WORKING CAPITAL - January 1, 2016 ENDING WORKING CAPITAL - March 31, 2016 NET CHANGE IN WORKING CAPITAL (see Note) CAPITAL FUND: CAPITAL REVENUES Interest Revenue Contributions Other Non-Operating Revenue Gain (Loss) On Sale Of Fixed Assets Increase In Contributions - System Development Increase In Contributions - Other Proceeds of Debt Activity Operating Transfers In Other Sources TOTAL CAPITAL REVENUES CAPITAL EXPENSES Other Non-Operating Expense Net Change In Restricted Net Assets Increase In Fixed Assets - Salaries Increase In Fixed Assets - Benefits Increase In Fixed Assets - Site Improvements Increase In Fixed Assets - Land Increase In Fixed Assets - Equipment Increase In Fixed Assets - Construction Operating Transfers Out TOTAL CAPITAL EXPENSES BEGINNING WORKING CAPITAL - January 1, 2016 ENDING WORKING CAPITAL - March 31, 2016 NET CHANGE IN WORKING CAPITAL (see Note) Total Change in Working Capital (*) Depreciation Note: Working Capital = Current Assets minus Current Liabilities OPERATING & CAPITAL FUNDS through March 2016 Budget YTD Actual Variance Budget YTD Actual Variance Budget YTD Actual Variance Budget YTD Actual Variance 434 434 435 435 436 436 501 501 464 464 465 465 466 466 - 13,317,100 3,381,450 (9,935,650) 747,400 199,742 (547,658) 878,000 417,876 (460,124) - - - 109,000 - (109,000) (199,500) - 199,500 - - 1,300 3,145 1,845 969 771 (198) 300 463 163 1,000 638 (362) 300,000 - - - - 500 2,826 2,326 - 20 20 - 13,427,400 3,384,595 (10,042,805) 549,369 203,339 (346,030) 1,178,300 418,359 (459,941) 1,000 638 (362) 406,645 103,631 303,014 25,723 7,349 18,373 453,837 107,496 346,341 - - - 206,181 46,575 159,605 10,496 2,394 8,102 258,783 60,186 198,596 215,000 41,941 173,059 34,200 767 33,433 2,000 - 2,000 191,300 58,703 132,597 - - - 1,217,775 266,037 951,738 463,050 139,617 323,433 151,700 24,768 126,932 3,900 751,567 (747,667) - - - - 420,600 - 420,600 - - - - - - - - - 10,645,300 1,716,053 8,929,247 - - - 150,000 - 150,000 - - - - - - - - - 35,693 - 35,693 0 - 0 - - - 39,947 - 39,947 - - 104,209 26,049 78,160 - - - 50,740 12,684 38,056 - - - 13,034,910 2,159,112 10,875,798 726,908 149,361 577,548 1,106,360 263,837 842,523 218,900 793,508 (574,608) 392,490 1,225,483 832,993 (177,539) 53,978 231,518 71,940 154,521 82,581 (217,900) (792,870) (574,970) 3,082,277 3,477,387 395,110 273,835 404,129 130,294 340,685 375,647 34,961 1,436,157 1,530,588 94,432 3,474,767 4,702,870 1,228,103 96,296 458,108 361,812 412,625 530,168 117,543 1,218,257 737,718 (480,539) 392,490 1,225,483 832,993 (177,539) 53,978 231,518 71,940 154,521 82,581 (217,900) (792,870) (574,970) - - - 31 - (31) - - - 7,000 - (7,000) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 300,000 - (300,000) - - - 340,685 - (340,685) 332,531 - (332,531) 640,685 - (640,685) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140,000 78,482 61,518 0 14,541 (14,541) - - - - - - 140,000 78,482 61,518 0 14,541 (14,541) - - - - - - 192,531 (78,482) (271,013) 640,685 (14,541) (655,226) 192,531 (78,482) (271,013) 640,685 (14,541) (655,226) - - 392,490 1,225,483 14,992 (24,504) (39,495) 712,625 139,981 (572,644) (217,900) (792,870) (574,970) 20,000 4,705 426,100 114,066 58,300 12,598 - - Beginning balances will be posted as part of BA#6. ENTERPRISE FUNDS SOLID WASTE AIRPORT CEMETERY INSURANCE INTERNAL SERVICE FUNDS 6/7/2016 2:40 PM32DI.C Page 70 of 144 OPERATING FUND: OPERATING REVENUES Charges For Service Grants Interest Earnings Operating Transfers Rents, Leases, Concessions, & Other TOTAL OPERATING REVENUES OPERATING EXPENSES Salaries & Wages Benefits Supplies Other Service Charges Capital Intergovernmental Services Waste Management Payments Sewer Metro Services Debt Service Principal Debt Service Interest Interfund Loan Repayment Interfund Operating Rentals & Supplies TOTAL OPERATING EXPENSES NET INCOME BEFORE DEPRECIATION (*) BEGINNING WORKING CAPITAL - January 1, 2016 ENDING WORKING CAPITAL - March 31, 2016 NET CHANGE IN WORKING CAPITAL (see Note) CAPITAL FUND: CAPITAL REVENUES Interest Revenue Contributions Other Non-Operating Revenue Gain (Loss) On Sale Of Fixed Assets Increase In Contributions - System Development Increase In Contributions - Other Proceeds of Debt Activity Operating Transfers In Other Sources TOTAL CAPITAL REVENUES CAPITAL EXPENSES Other Non-Operating Expense Net Change In Restricted Net Assets Increase In Fixed Assets - Salaries Increase In Fixed Assets - Benefits Increase In Fixed Assets - Site Improvements Increase In Fixed Assets - Land Increase In Fixed Assets - Equipment Increase In Fixed Assets - Construction Operating Transfers Out TOTAL CAPITAL EXPENSES BEGINNING WORKING CAPITAL - January 1, 2016 ENDING WORKING CAPITAL - March 31, 2016 NET CHANGE IN WORKING CAPITAL (see Note) Total Change in Working Capital (*) Depreciation Note: Working Capital = Current Assets minus Current Liabilities OPERATING & CAPITAL FUNDS through March 2016 Budget YTD Actual Variance Budget YTD Actual Variance Budget YTD Actual Variance Budget YTD Actual Variance 503 503 505 505 518 518 550 550 - - 568 568 560 560 743,000 197,592 (545,408) 3,495,900 827,113 (2,668,787) 5,531,965 1,364,193 (4,167,772) 3,371,780 824,176 (2,547,604) - 100,000 - (100,000) - - 100 756 656 2,500 2,540 40 3,088 3,520 432 4,048 5,658 1,610 114,000 - 329,000 - 120,000 12,610 (107,390) - - - - - 174 174 863,100 210,958 (652,142) 3,598,400 829,653 (2,768,748) 5,649,053 1,367,713 (4,167,340) 3,704,828 830,008 (2,545,820) 84,590 17,328 67,263 686,269 163,744 522,525 1,711,060 394,852 1,316,208 593,881 141,620 452,261 367,005 39,033 327,973 375,421 86,587 288,834 767,546 160,091 607,455 314,545 71,559 242,986 - - - 128,200 39,166 89,034 410,650 61,916 348,734 1,341,600 118,682 1,222,918 402,715 99,768 302,947 1,884,790 247,119 1,637,671 2,091,575 873,060 1,218,515 411,500 56,599 354,901 - - - 86,517 (86,517) - 319,745 (319,745) - - - 658,527 - 658,527 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,368 (1,368) - - - - - - - 110,841 27,711 83,130 160,790 40,197 120,593 212,390 53,114 159,276 854,310 156,129 698,182 3,844,048 564,326 3,279,722 5,141,622 1,616,633 3,524,989 2,873,916 762,688 2,111,229 8,790 54,830 46,040 (245,648) 265,326 510,974 507,431 (248,920) (756,351) 830,912 67,320 (763,592) 483,503 778,233 294,730 1,965,163 2,410,454 445,291 1,743,961 3,705,195 1,961,234 1,995,085 6,074,119 4,079,034 492,292 833,063 340,770 1,719,514 2,675,780 956,265 2,251,392 3,456,275 1,204,883 2,825,997 6,141,439 3,315,443 8,790 54,830 46,040 (245,648) 265,326 510,974 507,431 (248,920) (756,351) 830,912 67,320 (763,592) - - - - 412 - (412) 1,652 - (1,652) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 412 - (412) 1,652 - (1,652) - - - - - - - - - - - - - - - - - - - - - - - - - - 480,000 59,590 420,410 1,163,048 27,109 1,135,939 - 575,000 53,002 521,998 - - - - - - 480,000 59,590 420,410 1,738,048 80,111 1,657,937 479,588 - (479,588) 1,836,396 - (1,836,396) - (59,590) (59,590) 100,000 (80,111) (180,111) (479,588) (59,590) 419,998 (1,736,396) (80,111) 1,656,285 - - 8,790 54,830 46,040 (245,648) 265,326 510,974 27,843 (308,510) (336,353) (905,484) (12,791) 892,693 - - - - 546,400 170,989 822,500 246,449 Beginning balances will be posted as part of BA#6. WORKER'S COMPENSATION FACILITIES INNOVATION & TECHNOLOGY EQUIPMENT RENTAL INTERNAL SERVICE FUNDS 6/7/2016 2:40 PM33DI.C Page 71 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Council Retreat Goals - Affordable Housing (5 Minute Presentation/10 Minute Q&A) Date: June 8, 2016 Department: Administration Attachments: City Council Retreat Report Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Hinman Meeting Date:June 13, 2016 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 72 of 144                                                                                           www.mktg-solutions.com 914 164th Street SE, #400 I Mill Creek, WA 98012 P 425.337.1100 Strategic Planning Report November 4, 2015 Prepared by City of Auburn www.mktg-solutions.com DI.D Page 73 of 144 Bug City of Auburn/Retreat Report Page I 1   City of Auburn Retreat Report  October 29‐30, 2015    SWOT Analysis  Strengths  > Strong financial foundation (29)  > Geographic location (road and river intersections) (25)  > Great leadership (Mayor, Council, directors, staff) (21)  > Outstanding City services (12)  > Great parks and entertainment (9)  > Collaborative culture with key stakeholders (4)  > Pride in our community (1)  > Defined downtown (0)  > Great regional relationships (0)  > Safe community via public safety (0)    Weaknesses  > Limited revenue options (34)  > Lack of long‐term planning with key stakeholder (14)  > Citizens low esteem of City (13)  > Lack of diversity among decision makers (11)  > Constraints on resources and time (9)  > Don’t promote our story (7)  > Adverse City culture (5)  > Under developed of post‐secondary education (4)  > Lack of follow through on property management (3)  > Public misperception‐ role of government (2)    Opportunities  > Emerging industry cluster (20)  > Ample warehouse/property (underutilized) (19)  > Emerging infrastructure technology (15)  > We have a diverse culture (13)  > Annexation potential (11)  DI.D Page 74 of 144 Bug City of Auburn/Retreat Report Page I 2   > Citizens willing to engage (8)  > Higher education locating here (6)  > Public culture of giving (5)  > Globalization (3)  > Local supply chain (3)    Threats  > Suburbanization of poverty (34)   > Legislation and regulation (27)  > Empty store fronts (11)  > Transportation limitation (10)  > Limited developable property (6)  > Economic downturn (6)  > LID impact on City  > Gang violence (4)  > Natural disasters (2)  > Potential for litigation (1)      Evaluation    Pros  > Good start/end time  > Good structure and flow & dots  > Working with all the directors  (collaboration)  > Inspiring, love working with the  Council  > Every voice was heard  > Like the kinetic exercises  > Directors participated and got to  vote  > Work was posted  > Good facilitation  > Parking lot flip chart  > No weed whacking    Cons  > Coffee grounds, no coffee  > Too much content from facilitation  > Parking at facility  > Started too early brainstorming        DI.D Page 75 of 144 Bug City of Auburn/Retreat Report Page I 3   Parking Lot  > Police recruiting and process  > More valid metric/measurement for homelessness  > Assure performance management process‐dashboard reporting    DI.D Page 76 of 144 Ci t y   o f   A u b u r n   S t r a t e g y   M a t r i x G1 / S 1 :   P r o m o t e   h e a l t h y   l i f e s t y l e   f o r   al l   a g e s   ( 2 5 ) G1 / S 2 :   C r e a t e   a c c e s s   t o   p r e v e n t a t i v e   an d   o n ‐ g o i n g   h e a l t h c a r e   ( 1 4 ) G1 / S 3 :   P r o v i d e   f u l l   s p e c t r u m   o f   me n t a l   h e a l t h   a n d   s o c i a l   s e r v i c e   re s o u r c e s .   ( 9 ) G1 / S 4 :   I n c r e a s e   h e a l t h y   a c c e s s i b l e   ho u s i n g   s t o c k   ( 1 1 ) G1 / S 1 / I 1 :   O b t a i n   b u y   i n   f r o m   e l e c t e d   Jr .   C i t y   C o u n c i l ,   c o m m u n i t y   g r o u p s   an d   b u s i n e s s e s   ( 6 ) G1 / S 2 / I 1   C o n v e n e   g r o u p   o f   l e a d e r s   t o   id e n t i f y   a p p r o p r i a t e   o u t r e a c h   &   h o w   to   a p p l y   ( m e d i u m s ? )   ( 2 ) G1 / S 3 / I 1 :   D e t e r m i n e   E x p l o r e   C i t y   le a d e r s h i p ' s   o v e r a l l   p h i l o s o p h y   o n   is s u e s   ( 6 ) G1 / S 4 / I 1 :   E n g a g e   c o m m u n i t y   a n d   ot h e r   s t a k e h o l d e r s   e . g . ‐   Ho m e l e s s n e s s   T a s k   F o r c e G1 / S 1 / I 2 :   C r e a t e   e d u c a t i o n a l   ma r k e t i n g   c a m p a i g n   ( 3 ) G1 / S 2 / I 2 :   E s t a b l i s h   p a r t n e r s h i p s   w i t h   pr o v i d e r s   ( 5 ) G1 / S 3 / I 2 :   E x p l o r e   a l t e r n a t e   s e r v i c e   de l i v e r y   m o d e l s   ( 1 ) G1 / S 4 / I 2 :   D e t e r m i n e   C i t y   l e a d e r s h i p   ph i l o s o p h y   a n d   b u d g e t i n g   p r i o r i t i e s   (4 ) G1 / S 1 / I 3 :   R o l l   o u t   n e i g h b o r h o o d   pr o g r a m s   ( 0 ) G1 / S 2 / I 3 :   E s t a b l i s h   h e a l t h c a r e   in v e n t o r y   w i t h   t h e   c i t y   ( 1 ) G1 / S 3 / I 3 :   R e v i e w   b u d g e t   p r i o r i t i e s   t o   de t e r m i n e   n e e d   f o r   a d d i t i o n a l   fu n d i n g   &   s o u r c e s   ( 2 ) G1 / S 4 / I 3 :   C r e a t e   h o u s i n g   i n v e n t o r y   an d   p r o g r a m   a p p r o a c h e s   a n d   m e t r i c s   (2 ) G1 / S 1 / I 4 :   I n c r e a s e   o p p o r t u n i t i e s   f o r   he a l t h y   f o o d   c h o i c e s .   G r o w   l o c a l   b u y   lo c a l   ( 1 ) G1 / S 2 / I 4 :   L o b b y   f o r   l e g i s l a t i v e   su p p o r t   r e f o r m   o f   p u b l i c   h e a l t h   ( 2 ) G1 / S 3 / I 4 :   D e v e l o p   m a r k e t i n g   ca m p a i g n   t o   r e m o v e   " s t i g m a "   ( 0 ) G1 / S 3 / I 5 :   L o b b y   l e g i s l a t u r e   ( c o u n t y ‐ st a t e ‐ f e d e r a l )   f o r   a d d i t i o n a l   f u n d i n g   an d   r e f o r m   ( 2 ) G1 :   I n c r e a s e   " H e a l t h y   C i t y "   I n d e x   b y   %   b y   2 0 2 0 Ma r k e t i n g   S o l u t i o n s ,   I n c . S t r a t e g i c   P l a n n i n g   R e p o r t A ‐ 1 DI . D Pa g e 7 7 o f 1 4 4 Ci t y   o f   A u b u r n   S t r a t e g y   M a t r i x G2 / S 1 :   E x p l o r e   t h e   es t a b l i s h m e n t   o f   a n   i n t e r n e t   ut i l i t y   ( 8 ) G2 / S 2 :   L e v e r a g e   p u b l i c   te c h n o l o g y   i n f r a s t r u c t u r e   t o   ac h i e v e   c y b e r ‐ e q u i t y   w i t h i n   th e   c i t y   ( 2 5 ) G2 / S 3 :   B u i l d   p a r t n e r s h i p s   f o r   re v e n u e   s t r e a m s   a n d   in f r a s t r u c t u r e   e x p a n s i o n   ( 2 6 ) G2 / S 4 :   E s t a b l i s h   m i n i m u m   ac c e p t a b l e   s t a n d a r d s ,   s p e e d ,   se c u r i t y   a n d   l i a b i l i t y   e x p o s u r e   (2 ) G2/S5: Expand services to  ca p t u r e   e m e r g i n g  opportunities (11) G2 / S 1 / I 1 :   R e s e a r c h   a n d   an a l y z e   o t h e r   s u c c e s s f u l   ex a m p l e s   ( 7 ) G2 / S 2 / I 1 :   I n v e n t o r y   a v a i l a b l e   in f r a s t r u c t u r e   ( l o c a l ,   un i v e r s a l ,   e t c . )   ( 1 1 ) G2 / S 3 / I 1 :   I n v e n t o r y   c u r r e n t   pa r t n e r s h i p s   ( 4 ) G2 / S 4 / I 1 :   P e r f o r m   n e e d s   as s e s s m e n t   ( 1 0 ) G2/S5/I1: Assess emerging  te c h n o l o g i e s   ( 1 ) G2 / S 1 / I 2 :   P e r f o r m   c o s t   be n e f i t   a n a l y s i s   ( 3 ) G2 / S 2 / I 2 :   A s s e s s   o p t i o n s   a n d   op p o r t u n i t i e s   ( 0 ) G2 / S 3 / I 2 :   R e a c h   o u t   t o   cu r r e n t   a n d   p o t e n t i a l   pa r t n e r s   ( 2 ) G2 / S 4 / I 2 :   D e f i n e   d e l i v e r y   me t h o d s   ( W i ‐ F i   v s .   W i r e d )   ( 1 ) G2/S5/I2: Engage public to  id e n t i f y   n e e d s   ( 4 ) G2 / S 1 / I 3 :   P e r f o r m   r e g u l a t o r y   as s e s s m e n t   ( 1 ) G2 / S 2 / I 3 :   P e r f o r m   l e g a l   as s e s s m e n t   ( 1 ) G2 / S 3 / I 3 :   F o r m a l i z e   pa r t n e r s h i p s   ( l a t h e r ,   r i n s e   ,   re p e a t )   ( 3 ) G2 / S 4 / I 3 :   P e r f o r m   l i a b i l i t y   as s e s s m e n t   ( 1 ) G2/S5/I3: Perform viability and cost assessment (4) G2 / S 1 / I 4 :   A s s e s s   p o l i t i c a l   la n d s c a p e   ( 1 ) G2 / S 2 / I 4   : P e r f o r m   g a p   an a l y s i s   ( 0 ) G2 / S 4 / I 4 :   A c c e s s   r e g u l a t o r y   st a n d a r d s ,   p u b l i c   a c c e p t a n c e   an d   p o l i t i c a l   r e a l i t y   ( 0 ) G2/S5/I4: Develop process for  in t e g r a t i o n   ( m a i n t e n a n c e ,   su s t a i n a b i l i t y ,   b u d g e t ,   e t c . )   (2 ) G2 / S 1 / I 5 :   P r e p a r e   c a m p a i g n   (1 ) G2 / S 4 / I 5 :   E s t a b l i s h   o p e r a t i n g   st a n d a r d s   ( 0 ) G2 :   I n c r e a s e   I n t e r n e t   A c c e s s   t o   A c h i e v e   D i g i t a l   P a r i t y   b y   %   b y   20 2 0 Ma r k e t i n g   S o l u t i o n s ,   I n c . S t r a t e g i c   P l a n n i n g   R e p o r t A ‐ 2 DI . D Pa g e 7 8 o f 1 4 4 Ci t y   o f   A u b u r n   S t r a t e g y   M a t r i x  G 3 / S 1 :   I d e n t i f y   e x i s t i n g   a n d   p o t e n t i a l   em p l o y e r s   a n d   l o c a t i o n s   f o r   f u t u r e   bu s i n e s s   g r o w t h   ( 3 1 ) G3 / S 2 :   E x p l o r e   e x i s t i n g   a n d   p o t e n t i a l   to o l s   a n d   i n c e n t i v e s   t o   i n c r e a s e   a n d   re t a i n   m i d d l e   i n c o m e   j o b s   ( 1 9 ) G3 / S 3 :   H a v e   t r a n s i t   s e r v i c e s   a n d   ro a d s   t o   r e a c h   e m p l o y m e n t   c e n t e r s   (2 ) G3 / S 4 :   P r o m o t e   H . E   a n d   w o r k f o r c e   de v e l o p m e n t   f o r   e m p l o y e e s   l i v i n g   o r   wo r k i n g   i n   A u b u r n   ( 2 0 ) G3 / S 4 / I 1 :   D e v e l o p   i n v e n t o r y   o f     av a i l a b l e   p r o p e r t i e s   i n c l u d i n g   f o r   an n e x a t i o n ,   d e v e l o p m e n t   a n d   re d e v e l o p m e n t   ( 1 ) G3 / S 3 / I 1 :   I d e n t i f y   c a s h   f l o w   n e e d s   re l a t e d   t o   d e v e l o p m e n t   c o s t s   t o   de f r a y       /   d e l a y   d e v e l o p m e n t   c o s t s   ( 0 ) G3 / S 4 / I 1 :   W o r k   w i t h   r e g i o n a l   t r a n s i t s   an d   u s e r   g r o u p s ,   i . e .   M I T ,   b u s i n e s s ,   sc h o o l s ,   s e n i o r s   ( 4 ) G3 / S 5 / I 1 :   W o r k   w i t h   e m p l o y e r s   t o   id e n t i f y   t h e i r   w o r k f o r c e   s k i l l s ,   n e e d s   an d   r e q u i r e m e n t s   ( 1 1 ) G3 / S 4 / I 2 :   W o r k   w i t h   C h a m b e r   Ec o n o m i c   D e v e l o p m e n t   B o a r d   a n d   bu s i n e s s   c o m m u n i t y   t o   i d e n t i f y   po t e n t i a l   e m p l o y e r s     ( 7 ) G3 / S 3 / I 2 :   I d e n t i f y   e x i s t i n g   i n c e n t i v e   pr o g r a m s   u n d e r   s t a t e   l a w   ( 5 ) G3 / S 4 / I 2 :   W o r k   w i t h   f e d e r a l ,   s t a t e   an d   c o u n t y   f o r   r o a d   i m p r o v e m e n t   pr o j e c t s   ( 6 ) G3 / S 5 / I 2 :   W o r k   w i t h   k ‐ 1 2   a n d   h i g h e r   ed u c a t i o n   t o   d e v e l o p   c u r r i c u l u m   t o   ma t c h   e m p l o y e r s   s k i l l s ,   n e e d s   a n d   re q u i r e m e n t s   ( 0 ) G3 / S 2 / I 3 :   D e v e l o p   m a r k e t i n g   s t r a t e g y   to   a d v e r t i s e   t h e   C i t y :   i . e . ‐ b i l l b o a r d s ,   TV ,   r a d i o ,   i n t e r n e t   ( 0 ) G3 / S 3 / I 3 :   W o r k   w i t h   f e d e r a l   a n d   st a t e   e l e c t e d s   t o   i n c r e a s e / e x p a n d .   Cr e a t e   i n c e n t i v e   p r o g r a m s   ‐   i . e .   T I F   ( 7 ) G3 / S 5 / I 3 :   P r o m o t e   e m p l o y e e s ‐   em p l o y e r   i n t e r a c t i o n   v i a   j o b   f a i r s ,   so c i a l   m e d i a ,   e t c .   f o r   p e o p l e   li v i n g / w o r k i n g   i n   A u b u r n   ( 1 ) G3 / S 2 / I 4 :   B e n c h m a r k   a n d   i d e n t i f y   co m p e t i t i o n   ( 0 ) G3 / S 2 / I 5 :   W o r k   w i t h   c o u n t i e s   a n d   ci t i z e n   g r o u p   t o   e x p l o r e   a n n e x a t i o n s   (2 ) G3 :   I n c r e a s e   M i d d l e   I n c o m e   J o b s   b y   %   b y   2 0 2 0 Ma r k e t i n g   S o l u t i o n s ,   I n c . S t r a t e g i c   P l a n n i n g   R e p o r t A ‐ 3 DI . D Pa g e 7 9 o f 1 4 4 AGENDA BILL APPROVAL FORM Agenda Subject: Payback Agreements Overview and Review of the Pending Ordinance No. 6602 Bert Warm Sewer Payback Agreement (10 Minute Presentation/10 Minute Q&A) Date: May 23, 2016 Department: CD & PW Attachments: Draft Ordinance No. 6602 and Draft Payback Agreement 2016-01 Vicinity Map Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: State law and City code allow a developer to enter into an agreement with the City to seek reimbursement from the other benefited properties when and if those property owners connect to a public facility constructed by the developer. The agreement can apply to public water, sewer, storm, and street improvements. In the City of Auburn, that agreement is called a “Payback Agreement.” The most recent payback agreement approved by the City Council was in October, 2013. Since that time, the state law governing such arrangements, RCW 35.72.020 (streets) and RCW 35.91.020 (utilities), have been revised. In order to comply with those changes and to consolidate street and utility payback requirements into one code section, the City revised its code in 2014 so that the requirements for all paybacks may now be found in Auburn City Code 3.25. Staff will present an overview of the process by which payback agreements are developed and executed, and present Ordinance 6602 - Bert Warm Sewer Payback Agreement No. 2016-01 for the Councilmembers’ review prior to the June 20 City Council meeting, where a public hearing will be held and the City Council will consider the Ordinance for adoption. Reviewed by Council Committees: Councilmember:Staff:Snyder AUBURN * MORE THAN YOU IMAGINEDDI.E Page 80 of 144 Meeting Date:June 13, 2016 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 81 of 144 ***Draft*** ------------------------------ Ordinance No. 6602 May 16, 2016 Page 1 of 3 ORDINANCE NO. 6602 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PAYBACK AGREEMENT BETWEEN THE CITY OF AUBURN AND WARM HOMES INC. FOR UTILITY EXTENSIONS WHEREAS, Chapter 3.25 of the Auburn City Code (ACC) authorizes the City Engineer to develop, implement and administer, and the City Council to approve, extension payback agreements for utility improvements; and WHEREAS, Warm Homes Inc. has constructed the utility improvements described in the payback agreement that is attached as Exhibit D; and WHEREAS, Warm Homes Inc. has provided the City with a map and legal descriptions identifying the boundaries of the assessment reimbursement area and each parcel that shall be subject to an assessment for the utility improvements; and WHEREAS, Warm Homes Inc. has provide the City with the total cost of the improvements and a preliminary reimbursement roll showing the proposed assessment for each parcel of property within the assessment reimbursement area; and WHEREAS, the City notified each owner of record of a lot, tract, or parcel within the reimbursement assessment area, through publication and certified mail, of a public hearing to consider this ordinance; and WHEREAS, the City Council held a public hearing and took testimony on the desirability and sufficiency of the assessment reimbursement area, the DI.E Page 82 of 144 ***Draft*** ------------------------------ Ordinance No. 6602 May 16, 2016 Page 2 of 3 methods of calculating reimbursement assessments, and the assessment amounts; and WHEREAS, the City Council finds that entry into the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The assessment reimbursement area that shall be subject to assessment by the City for the cost of the utility system improvement completed by Warm Home Inc. is established as that area described in Exhibit A and shown in Exhibit B, both exhibits herein incorporated herein by this reference. Section 2. The amount of the reimbursement assessment to be charged to each lot, tract or parcel within the assessment reimbursement area is established as those amounts listed in Exhibit C, which is incorporated herein by this reference. Section 3. The Mayor of the City of Auburn and the Auburn City Clerk are herby authorized to execute an Agreement between the City of Auburn and Warm Homes Inc. for the collection of assessments in the amounts and from the owners of the lots, tracts, and parcels established in this ordinance, which agreement shall be in substantial conformity with the agreement attached hereto, marked as Exhibit D and incorporated herein by this reference. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. DI.E Page 83 of 144 ***Draft*** ------------------------------ Ordinance No. 6602 May 16, 2016 Page 3 of 3 Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ DI.E Page 84 of 144 ***Draft*** Exhibit A Ordinance 6602 Legal Description of Assessment Reimbursement Area Beginning at a point 140 ft. east and 212 ft. south of the northwest corner of the northeast 1/4 of the southeast 1/4, of Section 30, Township 21 North, Range 5 East, thus east 190 ft., thus south 230 ft., thus west 100 ft., thus north 10 ft., thus west 90 ft., thus northerly 220 ft. to the point of beginning. DI.E Page 85 of 144 ***Draft*** Exhibit B Ordinance 6602 Assessment Reimbursement Area 30 2 1 0 5 9 1 9 6 30 2 1 0 5 9 1 97 30 2 1 0 5 9 20 4 30 2 1 0 5 9 27 6 DI.E Page 86 of 144 ***Draft*** Exhibit C Ordinance 6602 Warm Homes Sanitary Sewer Benefitting Parcels Basis of Charges: Total Project Cost = $ 32,510.41 Total RCE’s of benefitting properties = 4.6 (3 single family residences and one duplex) Total cost per RCE = $7,067.48 Address Parcel Number Current Owner Calculated RCE's Project Costs Apportionment Reimbursement Amount 3330 M Place SE 302105 -9197 Richard L Baldwin +Schmaltz 1 (Single Family Home) $7,067.48 $7,067.48 3324 M Place SE 302105 -9204 Victor A+Renee Tobias 1 (Single Family Home) $7,067.48 $7,067.48 3312 M Place SE 302105 -9276 Parker Rental Holdings LLC 1.6 (Duplex) $11,307.97 $11,307.97 3334 M Place SE 302105 -9196 Warm Homes, Inc. 1 (Single Family Home) $7,067.48 0* Total $32,510.41 $25,442.93 *Developer contribution was made at the time of construction. DI.E Page 87 of 144 ***Draft*** Exhibit D Ordinance 6602 Payback Agreement 2016-01 (16 pages) DI.E Page 88 of 144 ***Draft*** ------------------------------ Payback Agreement 2016-01 May 23, 2016 Page 1 of 8 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PAYBACK AGREEMENT 2016-01 DEVELOPER'S EXTENSION Reference # (if applicable): N/A Grantor : City of Auburn Grantee : 1) Warm Homes, Inc. Legal Description / STR: Section 30, Township 21 N, Range 5 E Assessor’s Tax Parcel ID#: 3021059196 This Agreement made and entered into this __________ day of ______________, 2016, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter called the CITY and Warm Homes Inc, hereinafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Ordinance No. 6602 adopted by the City Council of the CITY on the ______ day of _________________, 2016, approved the execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein; and DI.E Page 89 of 144 ***Draft*** ------------------------------ Payback Agreement 2016-01 May 23, 2016 Page 2 of 8 WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to accept the sewer facilities described in Exhibit 1, Bill of Sale, attached hereto, as part of the utility systems of the CITY. NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER At the time of construction, the above-described DEVELOPER was the record OWNER of real property legally described as shown on Exhibit 2 submitted by the DEVELOPER and attached hereto. The real property described is also identified as parcel number 3021059196, City of Auburn, King County, Washington. II. FACILITIES The facilities which have been constructed by the DEVELOPER herein are as shown in the attached Exhibit 3, incorporated herein by this reference, and processed as a Developer Public Facility Extension, herein referenced as FAC15- 0016, the originals of which are on file at the office of the City Engineer. The facilities have been constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type, and have been approved by the City Engineer. III. AREA OF FACILITY SERVICE BENEFIT (ASSESSMENT REIMBURSEMENT AREA The properties benefited by the facilities (“benefited properties”) constructed by the DEVELOPER are legally described on Exhibit 4 and depicted on Exhibit 5, attached hereto, which are by this reference incorporated herein as if fully set forth herein. Any owner of real estate legally described within the benefit boundary, also referred to as the “Assessment Reimbursement Area,” as shown on the attached Exhibits 4 and 5, shall pay as a condition for connecting to the facilities, an amount as identified in Section V. All property within the benefit boundary shall be subject to the connection fee as provided in this agreement as a condition of issuance of the connection permit by the CITY. IV. TERMS For a period of 20 years from the date that the City formally accepts the developer’s utility extension, any owner (latecomer) of real estate legally DI.E Page 90 of 144 ***Draft*** ------------------------------ Payback Agreement 2016-01 May 23, 2016 Page 3 of 8 described in Section III, and which owner has not fully contributed their pro rata share to the original cost of the above-described facility, shall pay to the CITY the amounts identified in Section V. The charge herein represents the fair pro rata share of the cost of construction of said facilities payable by the owners of the benefited properties. Payment of the latecomers pro rata share will be required by the City at the time a side sewer permit, as described in Auburn City Code (ACC) 13.20.190 and 13.20.200, is issued by the CITY to connect to and use the system. Facility extension agreements are not considered connection permits and no payback payments will be required as a condition of the construction associated with such agreements. The CITY shall reimburse the DEVELOPER within sixty (60) days of the date the City receives payment from a person requesting connection to the facilities. After the expiration of the 20-year term, any moneys collected by the CITY for connection of the benefited properties to the facilities will not be reimbursed to the DEVELOPER. The CITY’s obligation to reimburse the DEVELOPER under this section shall not apply to any real property purchased from DEVELOPER after construction of the facilities. V. AMOUNT OF REIMBURSEMENT The DEVELOPER, his successors, heirs and assigns, agrees and warrants that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Section III of this Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the sanitary sewer collection facilities described in Section II of this Agreement. The amount per Residential Customer Equivalent (RCE), as defined in ACC 13.20.010, connected to the system is $7,067.48. The reimbursement amount for each Benefited Property is shown in Exhibit 6, attached hereto. The total amount of reimbursement to the DEVELOPER for sanitary sewer facilities from all applicable charges shall not exceed $25,442.93. VI. NOTICE AND REVIEW Prior to authorizing this agreement, the CITY, shall have mailed to the property owners of the Benefited Properties notification of the allocation of costs to be levied against the properties which are payable at the time of connection to the systems. The property owners shall have the right to review the costs with the City Engineer if a written request is received by the Engineer within 21 days from the date of said notice for the purpose of requesting an adjustment in the allocation of the charge to the property. DI.E Page 91 of 144 ***Draft*** ------------------------------ Payback Agreement 2016-01 May 23, 2016 Page 4 of 8 If the City Engineer, upon requested review by a notified property owner(s), does find cause for adjustment in the allocation of the charge to the benefited property(s), such adjustment will be made and the DEVELOPER will be notified of the adjusted amount(s) prior to acceptance of this Agreement by the City. The resulting adjusted Exhibit 6 shall govern reimbursement amounts to be received by the DEVELOPER. If the adjustment results in an increase to the charge for other parcels, the notification process in this agreement shall be repeated. VII. EFFECT OF AGREEMENT The provisions of this Agreement shall not be effective as to any owner of real estate not a party hereto unless this Agreement has been recorded in the office of the County Auditor of the County in which the real estate is located prior to the time such owner receives a permit to tap into or connect to said facilities. If for any reason, the CITY fails to secure a latecomer payment for Owner's fair pro rata share of the cost of the facilities, before connection to the extension, the CITY is not liable for payment to the DEVELOPER. The entire responsibility for recordation and completion of this Agreement is upon the DEVELOPER, who agrees to do all and to hold the CITY harmless. This agreement is subject to the provisions of Auburn City Code (“ACC”) Chapter 3.25 and shall be void if the DEVELOPER is in violation of any term or condition of that Chapter as it exists on the date of execution of this agreement. VIII. OWNERSHIP OF FACILITY The DEVELOPER warrants that it has constructed the facilities described in Section II of this Agreement to the CITY’s specifications and in conformance with the CITY’s development regulations and comprehensive plan, and that the facilities are fit for use as part of the City’s sanitary sewer system. Once the CITY has accepted the facilities, they shall become a part of the municipal system of the CITY. The DEVELOPER warrants that the facilities are free and clear of all encumbrances and there are no persons or entities that have a right to a lien against the facilities. Except for work covered under any warrantee described in the FAC agreement, all maintenance and operation costs of said facility shall be borne by the CITY. In consideration of the benefits derived from CITY utility service, DEVELOPER agrees to execute and deliver to the CITY such documents as may be necessary to transfer ownership of the facilities to the CITY upon acceptance. Nothing contained herein shall be construed to affect or impair the right of the CITY to regulate the use of the facilities once accepted. DI.E Page 92 of 144 ***Draft*** ------------------------------ Payback Agreement 2016-01 May 23, 2016 Page 5 of 8 IX. UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities described in Exhibit 1 under this Agreement which is not authorized by the CITY, the CITY shall have the absolute authority to remove or cause to be removed such unauthorized connections and all connecting lines or pipes located in the facility's right-of-way. The CITY shall incur no liability for any damage to any person or property resulting from removal of the unauthorized connection. X. CURRENT ADDRESS & TELEPHONE NUMBER The DEVELOPER shall keep a current record of its address and telephone number on file with the City Engineer, and shall within 30 days of any change of said address and/or telephone number, notify the City Engineer in writing. If the DEVELOPER fails to do so, the parties agree that the CITY may authorize connections resulting therefrom and not incur any liability for the non-collection and/or non-reimbursement of charges to the DEVELOPER under this Agreement. Every two years from the effective date of this agreement, shown on page one, the DEVELOPER shall notify the City Engineer of its current name, address, and telephone number. If the DEVELOPER fails to provide such information within sixty (60) days of each anniversary, the CITY may collect and retain any connection charges owed to the DEVELOPER under this contract. The initial Contact Information and Address for Receipt of Reimbursement Funds is as follows: (Printed Name of Developer’s Representative) (Company Name) (Mailing Address) (City, State, Zip code) (Telephone/FAX) XI. ADMINISTRATION Any inquiries regarding the administration of this agreement shall be directed to the City Engineer. DI.E Page 93 of 144 ***Draft*** ------------------------------ Payback Agreement 2016-01 May 23, 2016 Page 6 of 8 XII. COVENANT RUNNING WITH THE LAND This Agreement shall be binding on the DEVELOPER, its successors, heirs and assigns and shall so be binding on the legal owners, their successors, heirs and assigns of all properties described within the benefit boundary of the area as described and depicted on the attached Exhibits 4 and 5. The DEVELOPER agrees to pay all fees for recording this Agreement with the County Recorder’s Office. The DEVELOPER shall make the actual recording and provide the CITY with confirmation thereof. XIII HOLD HARMLESS A. General Indemnification. The DEVELOPER will indemnify, defend, and hold the CITY and the CITY'S officials and agents harmless from all claims and costs of defense arising out of this agreement as a result of DEVELOPER actions, omissions, misconduct, or breach of contract, including but not limited to attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel who's time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. The DEVELOPER specifically holds the CITY and its officials and agents harmless and waives all claims related to the CITY’s establishment and enforcement of the terms and conditions of this agreement, including the failure to locate a beneficiary, assigns, successor, trustee, or survivor of DEVELOPER. B. Indemnification Against Liens. The DEVELOPER further agrees to indemnify and defend the CITY from any loss on account of any lien against the facilities that arose on or prior to the date of CITY acceptance of the facilities. If the CITY incurs any expense in defense against any such lien or claim, or in taking any other action that is required of DEVELOPER under this Agreement, the CITY shall have a lien in the full amount thereof against any funds then or thereafter collected by the CITY pursuant to this Agreement. XIV. CONSTITUTIONALITY OR INVALIDITY If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement, as it being hereby expressly declared that this Agreement and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one DI.E Page 94 of 144 ***Draft*** ------------------------------ Payback Agreement 2016-01 May 23, 2016 Page 7 of 8 or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. XV. NO WAIVER OF ENFORCEMENT The failure of the CITY to take action to enforce any term or condition of this Agreement in any particular instance shall not be deemed or construed to be a waiver of the right of the CITY to take such action in the future. CITY OF AUBURN Nancy Backus, Mayor ATTEST: APPROVED AS TO FORM: Danielle Daskam, City Clerk Daniel B. Heid, City Attorney DEVELOPER: Signature Signature TITLE: TITLE: DI.E Page 95 of 144 ***Draft*** ------------------------------ Payback Agreement 2016-01 May 23, 2016 Page 8 of 8 STATE OF WASHINGTON ) )ss. County of King ) I certify that I know or have satisfactory evidence that Nancy Backus and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated _______________________ Notary Public in and for the State of Washington My appointment expires STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the and of a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington My appointment expires DI.E Page 96 of 144 ***Draft*** Exhibit 1 Payback Agreement 2016-01 DI.E Page 97 of 144 ***Draft*** Exhibit 1 Payback Agreement 2016-01 DI.E Page 98 of 144 ***Draft*** Exhibit 1 Payback Agreement 2016-01 DI.E Page 99 of 144 ***Draft*** Exhibit 2 Payback Agreement 2016-01 Legal Description of Developer’s Property The south 85 feet of the north 432 feet of the west half of the west half of the northeast quarter of the southeast quarter of Section 30, Township 21 N, Range 5 E, W.M. Less the east 100 feet thereof Less the west 110 feet thereof DI.E Page 100 of 144 ***Draft*** Exhibit 3 - Facilities Constructed Payback Agreement 2016-01 93 FEET OF 8” SEWER 6” SIDE SEWER 6” SIDE SEWER NEW MANHOLE DI.E Page 101 of 144 ***Draft*** Exhibit 4 Payback Agreement 2016-01 Legal Description of Assessment Reimbursement Area and Benefitting Properties Assessment Reimbursement Area Beginning at a point 140 ft. east and 212 ft. south of the northwest corner of the northeast 1/4 of the southeast 1/4, of Section 30, Township 21 North, Range 5 East, thus east 190 ft., thus south 230 ft., thus west 100 ft., thus north 10 ft., thus west 90 ft., thus northerly 220 ft. to the point of beginning. Benefitting Properties Address: 3334 M PL SE Tax Parcel # 302105-9196 Legal Description (per King County Department of Assessments): South 85 ft. of the north 432 ft. of the west half of the west half of the northeast 1/4 of the southeast 1/4 of Section 30, Township 21 North, Range 5 East, less the east 100 ft. thereof, less the west 110 ft. thereof. Address: 3330 M PL SE Tax Parcel # 302105-9197 Legal Description (per King County Department of Assessments): South 120 ft. of the east 100 ft. of north 442 ft. of west 1/2 of the west 1/2 of the northeast 1/4 of the southeast 1/4 of Section 30, Township 21 North, Range 5 East, less the north 40 ft. of west 40 ft. Address: 3324 M PL SE Tax Parcel # 302105-9204 Legal Description (per King County Department of Assessments): North 110 ft. of east 100 ft. of south 220 ft. of the north 432 ft. of the west 1/2 of W 1/2 of the northeast 1/4 of the southeast 1/4 of Section 30, Township 21 North, Range 5 East, less the south 40 ft. of the west 40 ft. Address: 3312 M PL SE Tax Parcel # 302105-9276 Legal Description (per King County Department of Assessments): Beginning at a point 230 ft. east and 212 ft. south of the northwest corner of the northeast 1/4 of the southeast 1/4, of Section 30, Township 21 North, Range 5 East, thus 70 ft., thus west 25 ft., thus southwesterly to a point 297 ft. south and 190 feet east of northwest corner of the northeast 1/4 of the southeast 1/4, thus west 50 ft., thus north 85 ft. thus easterly to the point of beginning. DI.E Page 102 of 144 ***Draft*** Exhibit 5 Payback Agreement 2016-01 Assessment Reimbursement Area DI.E Page 103 of 144 ***Draft*** Exhibit 6 Payback Agreement 2016-01 Warm Homes Sanitary Sewer Benefitting Parcels Basis of Charges: Total Project Cost = $ 32,510.41 Total RCE’s of benefitting properties = 4.6 (3 single family residences and one duplex) Total cost per RCE = $7,067.48 Address Parcel Number Current Owner Calculated RCE's Project Costs Apportionment Reimbursement Amount 3330 M Place SE 302105- 9197 Richard L Baldwin +Schmaltz 1 (Single Family Home) $7,067.48 $7,067.48 3324 M Place SE 302105- 9204 Victor A+Renee Tobias 1 (Single Family Home) $7,067.48 $7,067.48 3312 M Place SE 302105- 9276 Parker Rental Holdings LLC 1.6 (Duplex) $11,307.97 $11,307.97 3334 M Place SE 302105- 9196 Warm Homes, Inc. 1 (Single Family Home) $7,067.48 0* Total $32,510.41 $25,442.93 *Developer contribution was made at the time of construction. DI.E Page 104 of 144 WARM PAYBACK AGREEMENT – VICINITY MAP BERT WARM PAYBACK AGREEMENT ASSESSMENT REIMBURSEMENT AREA DI.E Page 105 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6601 (10 Minute Presentation/10 Minute Q&A) Date: June 7, 2016 Department: Community Development & Public Works Attachments: Ordinance No. 6601 Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: The Washington State Building Code Council will be adopting updated building code and related standards as well as updating associated amendments, effective July 1, 2016. This is a regular update that occurs every three (3) years in response to code updates published by the International Code Council. Various divisions of the Community Development and Public Works Department as well as outside agencies (Valley Regional Fire Authority) have been consulted for review and recommendation of the proposed changes. The number of changes proposed are significant, however the vast majority are minor and/or housekeeping items. The proposed revisions to Title 15 of the Auburn City Code are reflected in Ordinance No. 6601 attached, the proposed changes are in strikeout(removals) -underline(additions) format. Reviewed by Council Committees: Other: Fire, Building, Legal, Public Works Councilmember:Staff:Snyder Meeting Date:June 13, 2016 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 106 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 1 of 36 ORDINANCE NO. 6 6 0 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING NEW SECTIONS 15.36A.025, AND 15.36A.063, OF THE CITY CODE, AMENDING SECTIONS 15.04.080, 15.06.010, 15.06.020, 15.07.010, 15.07.030, 15.07.050, 15.07.060, 15.07.080, 15.07.090, 15.07.100, 15.08A.011, 15.08A.021, 15.08A.031, 15.32.010, 15.32.040, 15.36A.011, 15.36A.031, 15.36A.041, 15.36A.045, 15.36A.081, 15.36A.091, 15.38A.021, 15.38A.041, 15.48.010, 15.48.040, 15.48.090, 15.48.120, 15.48.130, 15.48.140, 15.52.030, 15.52.055, 15.52.060, 15.56.020, 15.74.030, AND 15.74.050 OF THE CITY CODE, AMENDING THE CHAPTER TITLE OF CHAPTER 15.56 (SECURITY ALARM SYSTEMS) AND REPEALING SECTIONS 15.08A.071 (BUILDING CODE), AND 15.38A.031 (FIRE PROTECTION REQUIREMENTS) AND CHAPTERS 15.16 (DANGEROUS BUILDINGS CODE), 15.40 (SMOKE DETECTORS), AND 15.64 (SWIMMING POOLS) OF THE AUBURN CITY CODE, RELATING TO BUILDING CODES WHEREAS, the current language of the Auburn City Code includes a variety of chapters and sections dealing with various aspects of building codes; and WHEREAS, the building codes applicable within the state of Washington are promulgated by agencies responsible for such codes and are required to be implemented or amended by local jurisdictions; and WHEREAS, consistent with the periodic review of these building codes, it is appropriate for the city of Auburn to update and amend its building code provisions; and WHEREAS, because of coverage in other areas, some of the code s that had previously been adopted into the City of Auburn building codes are no longer needed and can be repealed. DI.F Page 107 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 2 of 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Section to City Code. That a new Section 15.36A.025 of the Auburn City Code be, and the same hereby is created to read as follows: 15.36A.025 Section 105.6 Operational Permits Section 105.6 of the International Fire Code, entitled “Required operational permits,” is adopted with the following addition: All commercial kitchens with a type I or type II hood require an operational permit. Section 2. New Section to City Code. That a new Section 15.36A.063 of the Auburn City Code be, and the same hereby is created to read as follows: 15.36A.063 Appendix D amended – Fire Apparatus Access Roads Appendix D of the International Fire Code, entitled “Fire Apparatus Access Roads,” is adopted with the following amendments: In case of conflict between the requirements contained in Appendix D of the 2015 International Fire Code, and the City of Auburn Design Standards, the requirements of the City of Auburn Design Standards shall govern. Section 3. Amendment to City Code. That Section 15.04.080 of the Auburn City Code be and the same hereby is amended to read as follows: 15.04.080 Violation – Penalty. Unless another penallypenalty is expressly provided by law, any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4502 § 14, 1991; Ord. 3609 § 4, 1981.) Section 4. Amendment to City Code. That Section 15.06.010 of the Auburn City Code be and the same hereby is amended to read as follows: 15.06.010 International codes adopted. There is adopted by reference, upon the effective date of the ordinance codified in this chapter and upon filing with the city clerk one copy thereof, the following described chapters of the Washington Administrative Code, International Codes and standards, and Uniform Plumbing Code and standards together with appendix chapters, amendments, deletions and addit ions as set forth in this section or in the appropriate chapters in this code. DI.F Page 108 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 3 of 36 A. International Building Code adopted. The 20122015 Eedition of the International Building Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-50 WAC, as published by the International Code Council, is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.08A ACC, Building Code. B. International Residential Code Adoptedadopted. The 20122015 eEdition of the International Residential Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-51 WAC, as published by the International Code Council, is adopted by reference, including Chapter 11, “Energy Efficiency,” and Chapters 25 through 4233, “Plumbing,” and Chapters 34 through 43, “Electrical.,” is adopted with the following amendments: 1. Appendix Chapter G, “Swimming Pools, Spas and Hot Tubs,” is hereby adopted. 2. [Reserved.] C. International Mechanical Code Adoptedadopted. The 20122015 Edition edition of the International Mechanical Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, as published by the International Code Council, is adopted by reference. D. International Fire Code Adoptedadopted. The 20122015 Eedition of the International Fire Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-54A WAC, as published by the International Code Councilis adopted by reference with amendments, deletions and additions thereto as provided in ACC Chapter 15.36A ACC, Fire Code. E. National Fuel Gas Code (NFPA 54) Adoptedadopted. The 20122015 Eedition of ANSI Z223.1/ NFPA 54 National Fuel Gas Code, as published by NFPA, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted by reference. F. Liquefied Petroleum Gas Code (NFPA 58) Adoptedadopted. The 2012 2015 Eedition of the Liquefied Petroleum Gas Code, as published by NFPA, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted by reference. G. International Fuel Gas Code Adoptedadopted. The 2012 2015 Eedition of the International Fuel Gas Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, as published by the International Code Council, is adopted by reference. H. Uniform Plumbing Code Adoptedadopted. The 2012 2015 eEdition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, as adopted and hereafter amended by the DI.F Page 109 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 4 of 36 State Building Code Council in Chapter 51-56 WAC, as published by the International Code Council, is adopted by reference, including Chapter 12, “Fuel Piping,” Chapter 15, “Firestop Protection,” Appendix A, “Recommended Rules for Sizing the Water Supply System,” Appendix B, “Explanatory Notes on Combination Waste and Vent Systems,” Appendix C, “Alternate Plumbing Systems,” Appendix I, “Installation Standards,” and those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in Chapter 5 and those portions of the code addressing building sewers, is adopted with the following amendments: 1. Appendix Chapter A, “Recommended Rules for Sizing the Water Supply System”; and 2. Appendix Chapter B, “Explanatory Notes on Combination Waste and Vent Systems”; and 3. Appendix Chapter I, “Installation Standards”; and 4. Appendix Chapter H, “Grease Interceptors”; and 5. Appendix Chapter L, “Alternate Plumbing Systems,” excluding Sections L5 through L7 and “Lawn Sprinkler Head” from Table 6 -4 of Appendix L, are hereby adopted. I. International Energy Conservation Code adopted. The 2015 edition of the International Energy Conservation Code, as published by the International Code Council, as amended by the State Buidling Code Council in Chapters 51- 11C and 51-11R. The most current Washington State Energy Code as established under Chapter 19.27A RCW (most recently amended in 2012). T he Washington State Energy Code, as adopted and hereafter amended by the State Building Code Council in Chapters 51-11C and 51-11R WAC, is adopted. J. International Property Management Maintenance Code Adoptedadopted. The 20152012 Eedition of the International Property Management Maintenance Code, as published by the International Code Council, excluding Chapter 1, Section 111, “Means of Appeal,” is hereby adopted by reference. K. International Swimming Pool and Spa Code adopted. The 2015 edition of the International Property Management Code, as published by the International Code Council, excluding Chapter 4, “Public Swimming Pools,” Chapter 5, “Public Spas and Public Exercise Spas,” and Chapter 6, “Aquatic Recreation Facilities,” is adopted by reference. L. International Existing Building Code adopted. The 2015 edition of the International Existing Building Code, as published by the International Code Council, and hereafter amended by the State Building Code Council in Chapter 51-50-480101, is adopted. M. International Green Construction Code adopted. The 2015 edition of the International Green Construction Code, as published by the International Code Council is adopted by reference, as an optional reference for developers who choose to utilize elements of the code for guidance. (Ord. 6469 § 1, 2013; DI.F Page 110 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 5 of 36 Ord. 6310 § 1, 2010; Ord. 6104 § 1, 2007; Ord. 5874 § 3, 2004; Ord. 5184 § 2, 1998; Ord. 4754 § 2, 1995; Ord. 4566 § 5 (Exh. A), 1992.) 15.06.020 Conflicts between codes. In case of conflict between codes enum erated in ACC 15.06.010(A) through (JM), the first named code shall govern over those following; except where, in any specific case, different sections of these codes specify different materials, methods of construction or other requirements, the most rest rictive shall govern; and where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the case of a conflict between the International Green Construction Code and the City of Auburn Design Standards, Surface Water Management Manual, or Construction Standards, the City of Auburn Standards shall govern. (Ord. 6469 § 1, 2013; Ord. 5874 § 3, 2004; Ord. 5184 § 2, 1998; Ord. 4754 § 2, 1995; Ord. 4566 § 5 (Exh. A), 1992.) Section 5. Amendment to City Code. That Section 15.07.010 of the Auburn City Code be and the same hereby is amended to read as follows: 15.07.010 General. A. Title. These regulations shall be known as the Construction Administrative Code of the city of Auburn. B. Scope. The provisions of this code shall apply to the administration of the technical codes as adopted by the state of Washington and as listed: 1.a. 2012 2015 International Building Code – Chapter 51-50 WAC; b. 2012 2015 International Residential Code – Chapter 51-51 WAC; c. 2012 2015 International Mechanical Code – Chapter 51-52 WAC; d. 2015 International Fire Code – Chapter 51-54A WAC; de. 2012 2015 National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC; ef. 2012 2015 Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC; fg. 2012 2015 International Fuel Gas Code – Chapter 51-52 WAC; gh. 2012 International Fire Code – Chapter 51-54A WAC;2015 Uniform Plumbing Code – Chapter 51-56 WAC; hi. 2012 Uniform Plumbing Code – Chapter 51-56 WAC;2015 International Energy Conservation Code – Chapters 51-11C and 51-11R WAC; ij. 2015 International Property Maintenance Code; 2012 National Electrical Code (NEC) – Chapters 19.28 RCW and 296-46B WAC. k. 2015 International Swimming Pool and Spa Code; jl. The most current Washington State Energy Code as established under Chapter 19.27A RCW (most recently amended in 2012). The Washington State Energy Code, as adopted and hereafter amended by the State Building Code Council in Chapters 51-11C and 51-11R WAC, is adopted. 2015 International Existing Building Code; DI.F Page 111 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 6 of 36 km. 2012 International Green Construction Code. The mandatory measures of this code will be used if the applicant opts to use green construction technology. 2015 International Green Construction Code; 2. Exceptions. The provisions of this code shall not apply to work located primarily in a public way, public utility towers and poles and hydraulic flood control structures. 3. Definitions. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall ha ve the meanings set forth in this subsection. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine; provided, that any reference to “fire department” in this title or the codes adopted hereunder shall be understood to include the Valley Regional Fire Authority. (Ord. 6469 § 2, 2013; Ord. 6310 § 2, 2010; Ord. 6104 § 2, 2007; Ord. 5874 § 4(101), 2004.) Section 6. Amendment to City Code. That Section 15.07.030 of the Auburn City Code be and the same hereby is amended to read as follows: 15.07.030 Enforcement agency. The community development and public worksplanning and development department, building division is hereby designated as the agency responsible for enforcement of building codes, and the official in charge thereof shall be known as the building official, and Section 103 of Chapter 1 of the 2012 International Building Code is hereby amended consistent therewith. (Ord. 6469 § 2, 2013; Ord. 5874 § 4(103), 2004.) Section 7. Amendment to City Code. That Section 15.07.050 of the Auburn City Code be and the same hereby is amended to read as follows: 15.07.050 Permits. A. Application for Permit. Applicants shall file an application in writing on a form furnished by the building department for that purpose. Applications determined by the building official to be in compliance with this section shall be deemed as complete. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by with the tax parcel number assigned pursuant to RCW 84.40.160, and the street address, when available.legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. DI.F Page 112 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 7 of 36 3. Indicate the use, and occupancy, and construction type for which the proposed work is intended. 4. Be accompanied by construction documents an d other information as required in this code. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant’s authorized agent. 7. Give such other data and information as required by the building official. 8. In addition to information in subsections (A)(1) through (7) of this section, applications for permits governing construction projects costing $5,000 or more shall also contain the following information: a. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor; b8. Include Tthe property owner’s name, address, and phone number; 9. Include c. Tthe prime contractor’s business name, address, phone number, current state contractor registration number and city business license.; and d. Either: i.The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or ii. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project; B.e. The information required on the building permit application by subsection (A)(8)(a) through (d) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site; f1. The information required by subsection (A)(8) through (10) of this section and information supplied by the applicant after the permit is issued , under subsection (A)(8)(g) of this section shall be kept on record in the office where building permits are issued and made available to any person on request . If a copy is requested, a reasonable charge may be made; in a manner consistent with public disclosure requirements of the State. g2. If any of the information required by subsection (A)(8) through (10) of this section is not available at the time the application is submitted, the applicant shall note what information is not available. The unavailability of that information shall not cause the application to be deemed incomplete for the purposes of vesting under this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information. (Ord. 6469 § 2, 2013; Ord. 6310 § 4, 2010; Ord. 6266 § 1, 2009; Ord. 6104 § 4, 2007; Ord. 5874 § 4(105), 2004.) DI.F Page 113 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 8 of 36 Section 8. Amendment to City Code. That Section 15.07.060 of the Auburn City Code be and the same hereby is amended to read as follows: 15.07.060 Use of consultants. Whenever review of a building permit application requires retention by this jurisdiction for professional consulting services, the applicant shall reimburse this jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. This jurisdiction The city may require the applicant to deposit an amount with this jurisdiction estimated in the discretion of the building official to be sufficient to cover anticipated costs to retaining professional consultant services and to ensure reimbursement for such costs. (Ord. 6469 § 2, 2013; Ord. 6310 § 5, 2010; Ord. 5874 § 4(106), 2004.) Section 9. Amendment to City Code. That Section 15.07.080 of the Auburn City Code be and the same hereby is amended to read as follows: 15.07.080 Fees. A. Work Performed Without a Permit. An investigation fee, in addition to the permit fee, may be collected. The investigation fee shall be equal to either the amount of the permit fee required by this code or the cost of the labor to perform the investigation. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Plan Review Fees. 1. When submittal documents are required by ACC 15.07.050, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official and/or the fire code official may have the option to charge a deposit in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review f ee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal ite ms as defined in IBC Section 107.3.4.2, an additional plan review fee shall be charged at the rate shown in the fee code established by the jurisdiction. 2. Registered Plan ProgramStock Plan Program. When plans are submitted under the jurisdiction’s “registered plan programstock plan program,” a plan review fee shall be paid at the time of application for a each registered stock plan. The building official may have the option to charge a partial deposit, in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay DI.F Page 114 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 9 of 36 the balance of amount owed for the plan review. Valuations used to compute the permit fees shall include all options submitted with a registered plan. When a registered plan consists of a number of plan options that can produce any number of similar but different buildings, the building official may charge plan review fees based on each different building configuration. Plan review fees shall be paid for at the time of application for a building permit. The building official may have the option to charge a partial deposit, in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of the amount owed for the plan review. The plan review fees specified in this subsection are separate fees from the permit fees specified in the fee code, and are in addition to the permit fees. B. Performance Bonds. Prior to the issuance of a demolition permit, the applicant or agent shall post a cash bond with the building department in the amount of $300.00, which sum shall be refundable upon inspection and final approval. However, if a permanent bond is on file with the finance director, the applicant or agent shall post a cash bond in the amount of $200.00. C. Refunds. 1. Before Permit Issuance. The building official may authorize refunding of not more than 80 percent of the plan re view fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of application. 2. After Permit Issuance. The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. When no work has been done under a pe rmit issued in accordance with this code, Tthe building official may authorize refunding of not more than 80 percent of the permit fee paid the full amount of the permit fee paid , less the current rate of the Additional Re-submittal Fee adopted by the City of Auburn Fee Schedule; when no work has been done under a permit issued in accordance with this code except that no refunds will be processed for permits 360 days from date of expiration where no work has been done. (Ord. 6469 § 2, 2013; Ord. 6310 § 6, 2010; Ord. 6104 § 5, 2007; Ord. 5874 § (108), 2004.) Section 10. Amendment to City Code. That Section 15.07.090 of the Auburn City Code be and the same hereby is amended to read as follows: 15.07.090 Inspections. The city will conduct inspections as prescribed in the latest adopted copy of the International Building Code with the exceptions as noted below: A. IMC/UPC/GAS/NEC Rough-In Inspection. Rough-in mechanical, gas piping, plumbing and electrical shall be inspected when the rough -in work is DI.F Page 115 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 10 of 36 complete and under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved. B. Flashing and Exterior Weather Barrier Inspection. Flashing and exterior weather barrier inspections shall be made after all materials have been installed, but prior to any of the work being covered. CB. Energy Efficiency Inspection – Envelope. 1. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wa ll covering is placed. 2. Glazing Inspection. To be made after glazing materials are installed in the building. 3. Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment. 4. Slab/Floor Insulation. To be made after the installation of the slab/floor insulation, but before concealment. DC. Special Inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections above the requirements as stated in Chapter 17 of the 2015 International Building Code for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction. (Ord. 6469 § 2, 2013; Ord. 6310 § 7, 2010; Ord. 6104 § 6, 2007; Ord. 5874 § 4(109), 2004.) Section 11. Amendment to City Code. That Section 15.07.100 of the Auburn City Code be and the same hereby is amended to read as follows: 15.07.100 Certificate of occupancy. A. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion of the building or structure shall be made until the building official has issued a certificate of occupancy as provided for in this section. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of this jurisdiction. B. Exception. Certificates of occupancy are not required for work exempt from permits under Section 105.2 of the 2015 International Building Code and 2015 International Residential Code or for R-3 and U occupancies. C. The building official is authorized under ACC 12.66.080 to evaluate the condition of public improvements that service and/or are adjacent to the l ot upon which the building has been constructed. If the building activity has damaged adjacent public sidewalks, landscaping, streets or utilities the building official is authorized to withhold final inspection approval until the facilities are corrected. The building official with the city engineer approval may accept a guarantee of repair under special circumstances as determined by the city. DI.F Page 116 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 11 of 36 D. Section 111 of Chapter 1 of the 2012 2015 International Building Code and International Residential Code is hereby amended consistent therewith. (Ord. 6469 § 2, 2013; Ord. 6310 § 8, 2010; Ord. 5874 § 4(110), 2004.) Section 12. Amendment to City Code. That Section 15.08A.011 of the Auburn City Code be and the same hereby is amended to read as follows: 15.08A.011 Adoption of International Building Code. The 2012 2015 International Building Code, as adopted and hereafter amended by the State Building Code Council, and included in Chapter 51 -50 WAC, is adopted as the building code of the city; provided, that the amendments, deletions and additions thereto as provided in this chapter shall govern over the published provisions of the International Building Code. (Ord. 6469 § 3, 2013; Ord. 6310 § 10, 2010; Ord. 6104 § 9, 2007; Ord. 5874 § 6, 2004.) Section 13. Amendment to City Code. That Section 15.08A.021 of the Auburn City Code be and the same hereby is amended to read as follows: 15.08A.021 Appendices adopted. International Building Code Appendix Chapter A, Employee qualifications, Chapter Appendix E, “Supplementary Accessibility Requirements,” Appendix G, “Flood-resistant Construction,” Appendix Chapter H, “Signs,” Appendix Chapter J, “Grading,” and Appendix Chapter IM, “2012 International Existing Building CodePatio Covers,” are hereby adopted. (Ord. 6469 § 4, 2013; Ord. 6310 § 11, 2010; Ord. 6104 § 10, 2007; Ord. 5874 § 6, 2004.) Section 14. Amendment to City Code. That Section 15.08A.031 of the Auburn City Code be and the same hereby is amended to read as follows: 15.08A.031 Section 501.2 amended – Premises Address identification. International Building Code Section 501.2 is amended to read as follows: Premises identification. Approved numbers or addresses shall be provided as required by ACC Chapter 15.52. (Ord. 5874 § 6, 2004.) Section 15. Amendment to City Code. That Section 15.32.010 of the Auburn City Code be and the same hereby is amended to read as follows: 15.32.010 Additional provisions adopted. In addition to the provisions of the Uniform Sign Code, 19972015 International Building Code, Appendix H, “Signs,”, there is adopted by reference and incorporated in this chapter by this reference Chapter 18.56 ACC entitled Signs. (Ord. 6310 § 12, 2010; Ord. 4777 § 2, 1995; Ord. 4569 § 2 (Exh. A), 1992; Ord. 4368 § 2, 1990; Ord. 4189 § 10, 1986.) DI.F Page 117 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 12 of 36 Section 16. Amendment to City Code. That Section 15.32.040 of the Auburn City Code be and the same hereby is amended to read as follows: 15.32.040 Sign permit – Revocation. The building inspector official is authorized and empowered to revoke any permit issued by him upon failure of the holder to comply with any provision of this chapter. (Ord. 4777 § 2, 1995; Ord. 2856 § 2, 1974; 1957 code § 2.06.040.) Section 17. Amendment to City Code. That Section 15.36A.011 of the Auburn City Code be and the same hereby is a mended to read as follows: 15.36A.011 Adoption. The 2015 edition of the International Fire Code, 2012 Edition, as published by the International Code Council, as adopted and hereafter amended in by the State Building Code Council in Chapter 51-54A WAC, effective July 1, 2010, together with amendments, additions, and deletions adopted in this chapter, including Appendix B, “Fire Flow Requirements for Buildings,” Appendix C, “Fire Hydrant Locations and Distribution,” Appendix D, “Fire Apparatus Access Roads,” and Appendix E, “Hazard Categories,.” and Appendix H, “Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions,” is adopted by reference with amendments, additions, and deletions thereto as provided in this chapter. Chapter 15.38A ACC and this chapter shall be controlling within the jurisdiction of the city. The manufacture, storage, handling, sale, and use of fireworks shall be governed by Chapter 70.77 RCW and by Chapter 212-17 WAC and Chapter 8.24 ACC, Fireworks, consistent with Chapter 212-17 WAC. (Ord. 6469 § 5, 2013; Ord. 6310 § 13, 2010; Ord. 6104 § 11, 2007; Ord. 5874 § 10, 2004.) Section 18. Amendment to City Code. That Section 15.36A.031 of the Auburn City Code be and the same hereby is amended to read as follows: 15.36A.031 Fire service features. Chapter 5 of the International Fire Code, entitled “Fire Service Features,” is adopted with the following amendments: A. Fire Apparatus Access Roads – Marking. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by adding the following subsection: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code official’s prior written approval, marked fire apparatus access roads, or “fire lanes” as defined in section 502.1202 of the code, may be established or relocated at the time of plan review, pre - construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads DI.F Page 118 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 13 of 36 established by the fire code official can utilize yellow marking paint and the term “fire lane.” Fire lanes shall be marked as directed by the fi re code official in accordance with ACC 10.36.175. B. Fire Apparatus Access Roads – Marking. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by adding the following subsection: Sec. 503.3.1 Alternate materials and methods. The fire code official may modify, on a case-by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the fire code official setting forth a suggested alternative. C. Fire Protection Water Supplies – Where Required. Section 507 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended by substituting subsection 507.5.1 with the following: Sec. 507.5.1 Where required. Where a portion of the All buildings or structures hereafter constructed or moved into the city is shall be located so that there is at least 1 hydrant withinmore than 150 feet, and no portion of the building or structure is more than 300 feet in vehicular travel from a hydrant, as measured by an approved route, on-site fire hydrants and mains shall be provided where required by the fire code official.. D. Clear Space Around Hydrants. Section 507 of the International Fire Code, entitled “Clear Space Around Hydrants,” is amended by substituting subsection 507.5.5 with the following: Sec. 507.5.5 Clear space around hydrants. A 5 -foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved. (Ord. 6310 § 14, 2010; Ord. 5874 § 10, 2004.) Section 18. Amendment to City Code. That Section 15.36A.041 of the Auburn City Code be and the same hereby is amended to read as follows: 15.36A.041 Sections 903 and 2305 amended – Housekeeping and maintenanceAutomatic Sprinkler Systems. A. Automatic Sprinkler Systems – Speculative Use Warehouses. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by adding the following new subsections 903.2.9.3 and 903.7: Sec. 903.2.9.311.1.4. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 2,000 square feet. 2. The density shall be not less than that for class IV non- encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. DI.F Page 119 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 14 of 36 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. Sec. 903.7. Automatic sprinkler riser rooms. All automatic sprinkler system risers shall be located in a dedicated room with an exterior door, lighting and heat. This requirement shall include any NFPA 13, 13R and 13D systems which serve more than one (1) dwelling unit or unit of occupancies. EXCEPTION: 13D single family dwellings or Townhomes defined within the IRC. Section 19. Amendment to City Code. That Section 15.36A.045 of the Auburn City Code be and the same hereby is amended to read as follows: 15.36A.045 Section 3205 amended – Housekeeping and maintenance. A. Automatic Sprinkler Systems – Speculative Use Warehouses. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by adding the following new subsections 903.2.9.3 and 903.7: Sec. 903.2.9.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 2,000 square feet. 2. The density shall be not less than that for class IV non- encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. Sec. 903.7. Automatic sprinkler riser rooms. All automatic sprinkler system risers shall be located in a dedicated room with an exterior door, lighting and heat. This requirement shall include any NFPA 13, 13R and 13D systems which serve more than one (1) dwelling unit or unit of occupancies. EXCEPTION: 13D single family dwellings or Townhomes defined within the IRC. B. International Fire Code Section 2305 3205 is amended to read as follows: 2305.6.13205.6.1 – Signage. Facilities designed in accordance with this section shall include the appropriate signage (as shown below) and shall be properly posted. Example of approved signage required for use of Section 2305.6.13205.6.1, as amended: DI.F Page 120 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 15 of 36 1. This sign must be posted prior to building being fixtured stocked and/or occupied. 2. Mount signs at 50'0" O.C. on all walls starting 25'0" from any exterior corner; also on two sides of each column. 3. Signage required on end of racks, if installed. 4. In accordance with the International Fire Code as amended. (Ord. 6310 § 15, 2010; Ord. 6104 § 12, 2007; Ord. 5874 § 10, 2004.) Section 20. Amendment to City Code. That Section 15.36A.081 of the Auburn City Code be and the same hereby is amended to read as follows: 15.36A.081 Definitions. “Addressable” means the capability of a fire alarm system and associated devices that have discrete identification so that system devices can have their status individually identified within the fire alarm system. “Common use” means interior or exterior circulation paths, rooms, spaces or elements that are not available for public use and are made available for the shared use or two or more people. “Employee work area” means all or any portion of a space used only by employees and only for work purposes. Corridors, toilet roo ms, kitchenettes, conference rooms and break rooms are not employee work areas. “Public use areas” means interior or exterior rooms or spaces that are made available to the general public. (Ord. 6104 § 13, 2007.) Section 21. Amendment to City Code. That Section 15.36A.091 of the Auburn City Code be and the same hereby is amended to read as follows: 15.36A.091 Fire alarm and detection systems. A. International Fire Code Chapter 9 is amended to read as follows: 907.1.3 Equipment. Equipment systems and their components shall be listed and approved for the purposes for which they were installed. All new systems shall be addressable. Each device shall have its own address and annunciate individual device addresses at a UL Central Station. DI.F Page 121 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 16 of 36 907.1.4 Approved Fire Alarm and Detection Systems. In addition to any requirement of 907.2 or 907.3, all occupancies exceeding 5,000 square feet gross floor area shall be required to provide an approved automatic fire detection and alarm system. Fire walls as defined in 15.38A.011(A) shall not be considered to separate a building to enable deletion of the required fire detection system. EXCEPTIONS: 1. Group “U” Occupancies. 2. Occupancies protected throughout by an approved monitored automatic sprinkler system may delete heat and smoke detectors from the system. 3. One and Two Family residences. 907.6.2.3 Visible Alarms. Visible alarm notification shall be provided in accordance with Sections 907.6.2.3.1 through 907.6.2.3.4. EXCEPTIONS: 1. Visible alarm notification shall not be required in non-public accessible storage areas in S1 and S2 occupancies or other approved areas. 907.6.2.3.1 Public and Common Areas. Visible and audible alarm notification appliances shall be provided in public and common areas as defined in Section 15.36A.081. 907.6.2.3.2 907.5.2.3.1 Employee Work Areas. Visible and audible alarm notification appliances shall be provided in employee work areas as defined in ACC Section 15.36A.081. B. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall not be considered to separate a building so as to avoid the required automatic fire alarm and detection system. A building shall have a minimum distance of five feet from any point of the building to any point of another building and from the property line in order to be considered a separate building. (Ord. 6310 § 16, 2010; Ord. 6104 § 14, 2007.) Section 22. Amendment to City Code. That Section 15.38A.021 of the Auburn City Code be and the same hereby is amended to read as follows: 15.38A.021 General. A. Automatic fire extinguishing systems shall be installed in accordance with this chapter or as approved by both the building official and fire code official. B. Fire hose threads used in connection with automatic fire extinguishing systems shall be national standard hose threads or as approved by the fire code official. CB. The location of fire department hose connections shall be located within 50 feet of and no closer than five feet of an approved water supply and the connection shall be located on the same side of the fire access roadway as the approved water supply and must be approved by the fire code official. DI.F Page 122 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 17 of 36 DC. Buildings used for high piled combustible storage shall comply with the fire protection requirements of the fire code and Chapter 15.36A ACC. ED. For additional provisions on special hazards see the fire code and building code for requirements. (Ord. 6310 § 17, 2010; Ord. 5874 § 12, 2004.) 15.38A.041 Application. An automatic fire extinguishing system shall be installed and maintained in an operable condition as specified in this chapter in the following locations: A. All new buildings that do not have adequate fire flow or do not have adequate emergency fire vehicle access as required in the fire code and as determined by the fire code official. B. All new buildings except those classed as Group R, Division 3 and Group U, when: 1. The building has more than 10,000 square feet of floor area, or is higher than 30 feet, or requires more than 2,500 gallons per minute of fire flow. in accordance with International Fire Code Appendix B. C. All new buildings that contain more than 8,000 square feet of Group A occupancies and in: 1. All A-2 assembly rooms used primarily for entertaining occupants who are consuming alcoholic or nonalcoholic beverages or dining in unseparated areas where the total floor area is more than 5,000 square feet. For uses to be considered separated, the separation shall not be less than a one-hour occupancy separation as defined in the building code. 21. All enclosed usable space below or over a stairway in Group A, Divisions 1 through, 2, 3, 4 and 5 occupancies. 3. All amusement buildings except those that are both less than 1,000 square feet of floor area and have an exit travel distance from any point that is less than 50 feet. 4. Areas under roof and gridiron, in the tie and fly galleries, and in all places behind the proscenium wall of stages; over and within the permanent platforms that are more than 500 square feet in area; and in dressing rooms, workshops and storerooms accessory to such stages or platforms, with the exceptions noted below. Exceptions: a. Sprinklers are not required for stages 1,000 square feet (92.9 m 2) or less in area and 50 feet (15,240 mm) or less in height where curtains, sce nery or other combustible hangings are not retractable vertically. Combustible hangings shall be limited to a single main curtain, borders, legs and a single backdrop. b. Under stage areas less than four feet (1,219 mm) in clear height used exclusively for chair or table storage and lined on the inside with five- eighths-inch (16 mm) Type X gypsum wallboard or an approved equal. D. Additions, Alterations and Repairs. For the purpose of this chapter, any alteration or repair which changes the character of the occupancy or use, DI.F Page 123 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 18 of 36 and which increases the fire or life safety or structural hazards, shall comply with the requirements of this chapter and: 1. Any additions that increase the floor area of a building shall require that the entire building comply with this chapter; and 2. These determinations shall be made by the building official and the fire code official. E. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall not only be considered to separate a building so as to avoid the required automatic fire extinguishing system upon approval of the building official and/or the fire code official. A building shall have a minimum distance of five feet from any point of the building to any point of another building and from the property line in order to be considered a separate building. FE. Plans. In addition to the requirements in the building and fire codes, all plans for automatic fire extinguishing systems, including sprinkler system underground piping, shall bear the stamp and signature of a Washington State professional engineer who is registered as qualified in fire protection engineering, or registered as a certified sprinkler contractor through the Washington State Fire Marshal’s Office, or as approved by the fire code official. F. When the fire code official determines that fire flows required by the City of Auburn Design Standards cannot be achieved, or determines additional fire flows are required by referencing Appendix B of the 2015 International Fire Code, additional fire suppression or other safety measures may be required. G. Conflict. In case of conflict between the requirements contained in Chapter 15.08A ACC and this chapter, the requirements of this chapter shall govern and prevail. (Ord. 6310 § 18, 2010; Ord. 5874 § 12, 2004.) Section 23. Amendment to City Code. That Section 15.48.010 of the Auburn City Code be and the same hereby is amended to read as follows: 15.48.010 Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. A. “Building” is that which is built or constructed, an edifice or structure of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For the purpose of this section, manufactured or mobile homes are not considered “buildings” with regards to the applicability of Chapter 15.48 ACC. B. “Building inspector” is the building official, or his designated deputy. (Ord. 4189 § 13, 1986.) Section 24. Amendment to City Code. That Section 15.48.040 of the Auburn City Code be and the same hereby is amended to read as follows: DI.F Page 124 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 19 of 36 15.48.040 Permit – Application – Form. The application shall be made in writing, upon forms provided by the planning and development department, and shall be filed with the planning andcommunity development and public works department. (Ord. 6310 § 22, 2010; Ord. 2856 § 2, 1974; 1957 code § 2.14.030(A).) Section 25. Amendment to City Code. That Section 15.48.090 of the Auburn City Code be and the same hereby is amended to read as follows: 15.48.090 Permit – Application – Performance bond or deposit accompanying. The applicant shall also file a performance bond or certified check in 100 percent the amount of the estimated cost of such removal or moving, alteration, repair, change, addition or rebuilding, as estimated reviewed and accepted by the building inspectorofficial; and such performance bond shall be conditioned upon the owner, resident or other individual securing such permit faithfully bringing the building or structure so moved and/or altered up to all standards as required by the building code and ordinances of the city, and shall further be conditioned upon the owner-applicant completing such work and complying with the building code and ordinances of the city within six months from the date such permit is granted. (Ord. 3288 § 18, 1978.) Section 26. Amendment to City Code. That Section 15.48.120 of the Auburn City Code be and the same hereby is amended to read as follows: 15.48.120 Permit – Fees, deposits and insurance filed with city clerk. A. Deposits. The planning andcommunity development and public works department shall deposit all fees and deposits and all insurance policies with the city clerkfinance department. B. Return upon Nonissuance. In the event that the planning and development department is unable to issue a permit, the department shall return to the applicant all insurance policies submitted. Permit fees filed with the application shall not be returned. (Ord. 6310 § 25, 2010; Ord. 2856 § 2, 1974; 1957 code § 2.14.040(C).) Section 27. Amendment to City Code. That Section 15.48.130 of the Auburn City Code be and the same hereby is amended to read as follows: 15.48.130 Designations of streets. The community development and public works planning and development department shall procure from the public works departmentdetermine a list of designated streets over which the building may be moved. The community development and public works planning and development department shall have the list approved by the chief of police and shall reproduce the list upon the permit in writing. In making their determinations, the community development and DI.F Page 125 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 20 of 36 public works public works department and the chief of police shall act to assure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets. (Ord. 6310 § 26, 2010; Ord. 2856 § 2, 1974; 1957 code § 2.14.040(D).) Section 28. Amendment to City Code. That Section 15.48.140 of the Auburn City Code be and the same hereby is amended to read as follows: 15.48.140 Permittee’s duties. Every permittee under this chapter shall: A. Move a building only over streets designated for such use in the written permit; B. Notify the community development and public works planning and development department in writing of a desired change in moving date and hours as proposed in the application; C. Notify the community development and public works planning and development department in writing of any and all damage done to property belonging to the city within 24 hours after the damage or injury has occurred; D. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such a manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building; E. Comply with the building code, the fire zonecode, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the city; F. Pay the expense of a traffic officer if ordered by the community development and public works planning and development department to accompany the movement of the building to protect the public from injury; G. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition; H. See that the sewer line is plugged with a concrete stopper and the water shut off. Permittee shall notify the gas and electric service companies to remove their services. (Ord. 6310 § 27, 2010; Ord. 2856 § 2, 1974; 1957 code § 2.14.050.) Section 29. Amendment to City Code. That Section 15.52.030 of the Auburn City Code be and the same hereby is amended to read as follows: 15.52.030 Requirements generally. A. The owner, agent, occupant, lessee or tenant of any building or portion thereof situated within the city limits shall maintain a building number thereon as provided in this chapter. DI.F Page 126 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 21 of 36 B. Each figure of the building number shall be a minimum of four inches in height on single-family residential occupancies. Individual suite numbers on commercial occupancies and individual multifamily unit numbers shall be a minimum of two inches in height. Numbers shall be of a color that will contrast with the structure’s background color and shall be either illuminated during periods of darkness, or be reflective, so the address numbers are easily seen at night. C. The building(s) shall have the building address numerals located on the upper 25 percent of the building face fronting the public street or right -of-way. This requirement may be reduced in the downtown area where buildings are located closer to the public way or right-of-way. Numeral size shall be as follows: Setback from Public Way or Right-of-Way Centerline Less than 75 Feet from Public Way or Right-of-Way Centerline Greater than 75 Feet from Public Way or Right-of- Way Centerline Multifamily 12" High 18" High Small Commercial 12" High 18" High Large Commercial (>20,000-SF or over 30-ft in height) 18" High 24" High Monument Sign 8" High N/A D. It shall be the duty of the building official to a ssign the correct building number to all structures within the city at the time of issuance of building permits, or upon the request of any owner, occupant or lessee. The building official shall also assign site addresses to all lots created or modified th rough a subdivision process as contained within ACC Title 17. The building official is authorized to develop standards and procedures for the assignment of building numbers in a logical and consistent manner throughout the city. The building official shall consult with other affected city departments and responsible authorities in the development and application of such standards. (Ord. 6038 § 2, 2006; Ord. 5998 § 2, 2006; Ord. 5874 § 14, 2004; Ord. 2856 § 2, 1974; 1957 code § 2.15.030.) Section 30. Amendment to City Code. That Section 15.52.055 of the Auburn City Code be and the same hereby is amended to read as follows: 15.52.055 Changing a building number – Procedures. A. An assigned building number may be changed by action of the city council upon petition for such change by the building owner, by petition by an outside service agency such as the U.S. Postal Service, or by petition of any city department. DI.F Page 127 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 22 of 36 B. An assigned building number may be changed by action of the city council upon petition for such change by an outside agency such as the U.S. Postal Service or by petition of any city department. BC. Prior to acting on any proposal to change a building number, the city council shall conduct at least one public hearing; provided, that if the bu ilding owner is the petitioner, a public hearing shall not be required city council action is not necessary. CD. Notice shall be provided to all potentially affected building owners, utility providers, the U.S. Postal Service, fire authority, and any other appropriate outside service agencies as determined by the building official, at least 10 calendar days prior to the public hearing. Legal notice shall also be advertised in a newspaper of general circulation at least 10 calendar days prior to the public hearing. DE. The building official is authorized to develop procedures for the filing and processing of such petitions. (Ord. 6038 § 2, 2006; Ord. 5998 § 2, 2006.) Section 31. Amendment to City Code. That Section 15.52.060 of the Auburn City Code be and the same hereby is amended to read as follows: 15.52.060 Unnumbered or illegibly numbered buildings. In cases where a building requiring a building number to be affixed thereon pursuant to this chapter remains unnumbered, or where the building number thereon has become lost, destroyed or defaced so as to become illegible, the owner, agent, occupant, tenant or lessee shall cause the building to be numbered in a manner consistent with this chapter within 30 14 days after notification therefor by the building official. (Ord. 6038 § 2, 2006; Ord. 5998 § 2, 2006; Ord. 2856 § 2, 1974; 1957 code § 2.15.060.) Section 32. Amendment to City Code. That Section 15.56.020 of the Auburn City Code be and the same hereby is amended to read as follows: 15.56.020 Alarm users registration required. A. Beginning January 1, 2000, no person shall operate or use a n security alarm system on any premises within the city of Auburn, under that person’s control, without first having obtained from the police department a separate registration for each premises protected by an alarm system. B. The police department may not respond to any alarm system for which a registration has not first been obtained. C. For the purposes of this section, a person shall be deemed to be an operator or user of an alarm system if: 1. The person controls both the alarm system and the premises upon which it is installed; or DI.F Page 128 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 23 of 36 2. The person controls the premises and is the subscriber, client or tenant of the system subscriber; or 3. The person is the system subscriber or alarm user. D. All persons required to obtain a registration must complete a registration application form that is provided by the police department. Information required to be provided on the registration application form includes, but is not limited to: 1. Subscriber’s and/or alarm user’s name, address and telephone number(s); 2. Names and telephone numbers of three additional persons who will respond in the event of alarm activation in the absence of the alarm user and said persons will provide access to premises and be able to deactivate alarm, or said persons will provide information on who to contact for access; 3. The name(s) of the alarm installation business and alarm monitoring business responsible for regular maintenance and monitoring; 4. The information required in subsection (D)(3) of this section shall not apply to alarms which are installed by the homeowner/tenant; 5. The information required in subsection (D)(3) of this section shall not apply to: (a) existing alarms; or (b) alarms wh ich are installed in multiple- tenant buildings. E. Failure to complete the required information will result in automatic denial of the registration. F. Each registration shall be given a number which shall not be transferable. G. Completed applications for an alarm user’s registration and a fee as set forth in the city of Auburn fee schedule shall be filed with the police department, except that no fee shall be charged for alarms installed prior to enactment of this chapter if a registration application for such existing alarm system is filed prior to January, 2000. H. A penalty fee as set forth in the fee resolution will be charged, in addition to the fee provided in subsection G of this section, to a user who fails to obtain a registration within 30 days after the system becomes operative, or to a current user who fails to obtain a registration. I. Registration fees shall be payable to the city of Auburn and deposited into the city’s general fund. J. Any person who owns, operates, or possesses any alarm sys tem within the city of Auburn, which does not conform to the requirements of this chapter, shall disconnect that alarm and render it inoperable or alter it in accordance with this chapter no later than 60 days after enactment of this chapter. K. The following shall be required to obtain a registration under this article, but shall not be required to pay any fee: DI.F Page 129 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 24 of 36 1. Businesses which are nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, govern mental or youth organizations. L. Alarm user shall notify police department, within 10 days, of any change of information from that contained on the registration application. (Ord. 5819 § 8, 2004; Ord. 5224 § 1, 1999.) Section 33. Amendment to City Code. That Section 15.74.030 of the Auburn City Code be and the same hereby is amended to read as follows: 15.74.030 Definitions. For the purpose of this chapter, the following words shall have the following meanings: A. “Accelerated erosion” Erosion much more rapid than normal or geologic erosion, primarily as a result of the influence of the activities of man or, in some cases, of the animals or natural catastrophes that expose bare surfaces (e.g., fires). means any increase over the rate of natural erosion as a result of a land disturbing activity. B. “Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods any activity which removes or seriously damages ground cover, shrubs, and/or trees including but not limite d to root mat removal and/or topsoil removal by mechanical and/or chemical means and which exposes the earth’s surface. C. “Filling” means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill material). D. “Grading” means any excavating, filling, clearing, or re-contouring of the ground surface or combination thereof. E. “Ground cover” means small plants such as salal, ferns, mosses, grasses or other types of vegetation which normally cover the ground, including trees less than six inches in diameter measured at 24 inches above ground level, which renders the surface of the soil stable against accelerated erosion. F. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off in greater quantities or at an increased rate of flow from the flow under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered DI.F Page 130 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 25 of 36 retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. G. “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity. H. “Permanent structure” means any buildings which are immovable including homes, garages, barns, storage buildings, or a driveway not wider than 20 feet which is the exclusive route of ingress and egress to an immovable garage or carport. I. “Pre-loading” means the placement of material with the intent to surcharge and compress subsurface soils for a limited amount of time. J. “Sedimentation” means the process by which solid particulate matter is transported by water off the site of the land disturbing activity and settles onto land or the bed of a creek, stream, river, wetland, pond, lake, or other water body. K. “Stockpiling” means the placement of material with the intent to remove at a later time. L. “Tree” means any self-supporting perennial woody plant characterized by natural growth of one main stem or trunk with a definite crown, and maturing at a height of at least six feet above the ground. M. “Shrubs” means any living terrestrial plant or vegetation other than a tree or ground cover on land. N. “Significant tree” means a healthy evergreen tree, six inches or more in diameter measured four feet above grade, or a healthy deciduous tree four inches or more in diameter measured four feet above grade. O. “Underdeveloped property” means any parcel which under the city’s zoning code may be further subdivided to allow further development, or is not already developed to the fullest zoning potential. P. “Undeveloped property” means any parcel which has not been altered from its natural state by grading or filling or by construction of private structures or public infrastructure that allows further development. (Ord. 6283 § 13, 2009; Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.) 15.74.050 Exemptions. A. The following are exempt from the requirements of this chapter: A1. Removal of dead or diseased trees, shrubs, or ground cover. B2. Clearing and grading associated with continuous agricultural uses, excluding timber cutting not otherwise exempted. C3. Clearing and grading not to exceed 6,999 square feet of area within individual lots, for the purpose of the construction of a single-family home or DI.F Page 131 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 26 of 36 duplex, provided a building permit has been issued by the city prior to commencing the clearing and grading activities and construction of the structure starts within 90 days of commencing clearing and grading activities. D4. The removal of up to six trees per lot within any 12 -month period, or for lots greater than one acre, up to six trees per acre within any 12 -month period, with fractional acres of one-half acre or more considered to be a whole acre. E5. Clearing and grading for the construction and maintenance of public facilities as approved by the city engineer to include water, sanitary sewer, streets, highways, storm drainage and related facilities. F6. Removal of trees, shrubs, and ground cover in emergency situations involving immediate danger to life or property. G7. Routine landscape maintenance and minor repair. H8. Removal of trees and vegetation consistent with an approved surface mining permit. I.9 Removal of a tree from property zoned residential that endangers a permanent structure by being closer to the structure than the distance from the base of the tree to its top, regardless of whether the tree is located on the same property as the structure. J10. Upon approval of the city engineer or his/her designee, clearing and grading not to exceed 500 cubic yards consisting of excavations of less than five feet in vertical depth and/or fills less than eight inches of vertical depth . on any portion of a site and involving the deposit or displacement of not more than a total of 500 cubic yards of material during any 24-month period. K11. Upon approval of the city engineer or his/her designee, the temporary stockpiling of less than 500 cubic yards, combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or similar materials on a lot, tract, or parcel of land for a period not to exceed 12 months; provided, that the stockpile has adequate coverage to prevent erosion. L. Upon approval of the city engineer or his/her designee, the broadcasting of less than 500 cubic yards of topsoil, peat, sawdust, mulch, bark, chips, or solid nutrients used for landscaping or soil conditioning on a lot, tract or parcel of land during any 24-month period, provided the finished depth does not increase the grade from the existing grade by more than eight inches. M12. Upon approval of the city engineer or his/her designee, the temporary stockpiling of organic or inorganic materials used in an approved construction project, provided the use, location, duration, and extent of the stockpile was disclosed through the environmental or development review process. In no case shall a temporary stockpile remain beyond a 24 -month period. N13. The creation of impervious surfaces which have a surface area less than 2,000 square feet. O14. Emergency temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to DI.F Page 132 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 27 of 36 protect life or property, provided such measures do not adversely impact adjacent properties or public facilities. B. An exemption from clearing, filling, and grading permit requirements does not exempt a property owner from the policies, criteria, and standards contained in this chapter or other applicable local, state, or federal regulations or permit requirements. C. The property owner is responsible to ensure that clearing of any trees that are within striking distance of a structure or have the potential to cause damage to others is performed by a licensed and bonded contractor. (Ord. 6283 § 14, 2009; Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.) Section 34. Amendment to City Code. That the title to Chapter 15.56 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 15.56 SECURITY ALARM SYSTEMS Sections: 15.56.010 Repealed. 15.56.020 Alarm users registration required. 15.56.030 Fees. 15.56.040 Additional duties of alarm user. 15.56.050 Alarm business duties. 15.56.060 Non-permitted system and uses. 15.56.070 Special registrations. 15.56.080 Administrative hearing. 15.56.090 Violations – Penalties. . . . . Section 35. Repeal of Section in City Code. That Section 15.08A.071 (Building Code) of the Auburn City Code be and the same hereby is repealed. Section 36. Repeal of Section in City Code. That Section 15.38A.031 (Fire Protection Requirements) of the Auburn City Code be and the same hereby is repealed. Section 37. Repeal of Chapter in City Code. That Chapter 15.16 (Dangerous Buildings Code) of the Auburn City Code be and the same hereby is repealed. DI.F Page 133 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 28 of 36 Section 38. Repeal of Chapter in City Code. That Chapter 15.40 (Smoke Detectors) of the Auburn City Code be and the same hereby is repealed. Section 39. Repeal of Chapter in City Code. That Chapter 15.64 (Swimming Pools) of the Auburn City Code be and the same hereby is repealed. Section 40. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 41. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, 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 42. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: _______________________ APPROVED: _____________________ CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR DI.F Page 134 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 29 of 36 ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ DI.F Page 135 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 30 of 36 TEXT OF CODE PROVISIONS BEING REPEALED/DELETED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Building Code Chapter) 15.08A.071 Section 3408.1 amended – Conformance. International Building Code Section 3408.1 is amended to read as follows: Section 3408.1 Conformance. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code, the International Residential Code (WAC 51-51), the International Mechanical Code (WAC 51-52), the International Fire Code (WAC 51-54), the Uniform Plumbing Code and Standards (WAC 51-56 and 51-57), the Washington State Energy Code (WAC 51-11) and the Washington State Ventilation and Indoor Air Quality Code (WAC 51-13) for new buildings or structures. Exception: Group R-3 buildings or structures are not required to comply if: 1. The original occupancy classification is not changed, and 2. The original building is not substantially remodeled or rehabilitated. For the purposes of this section a building shall be considered substantially remodeled when the costs of remodeling exceed 60 perce nt of the value of the building exclusive of the costs relating to preparation, construction, demolition or renovation of foundations. Structures moved into or within the jurisdiction shall comply with the provisions of this code for new structures. Prior to issuance of a permit to move a structure into the jurisdiction, the applicant shall provide a performance bond to the City Treasurer for an amount to be determined by the City Council. Structures moved into the jurisdiction shall be completed within 90 days. (Ord. 5874 § 6, 2004.) ________________________________________________________________ (Fire Protection Requirements Chapter) 15.38A.031 Standards. Automatic fire extinguishing systems shall comply with the building and fire code standards. (Ord. 5874 § 12, 2004.) ________________________________________________________________ Chapter 15.16 DANGEROUS BUILDINGS CODE1 Sections: 15.16.010 Section 401(c) amended – Service of notices and orders. 15.16.020 Section 801(b) amended – Costs. 15.16.030 Section 802 – Repair and demolition fund deleted. 15.16.040 Section 902 amended – Report transmitted to council – Set DI.F Page 136 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 31 of 36 for hearing. 15.16.050 Section 905(c) amended – Personal obligation or special assessment. 15.16.060 Section 908(b) amended – Lien of assessment. 15.16.070 Section 909 amended – Report to assessor and county treasurer – Addition of assessment to tax roll. 15.16.080 Section 910 amended – Filing of report with county auditor. 15.16.090 Section 912 amended – Recovered moneys. 15.16.010 Section 401(c) amended – Service of notices and orders. Chapter 4, Section 401(c) of the Uniform Code for the Abatement of Dangerous Buildings is amended and shall read as follows: c. Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. If the whereabouts of such persons is unknown and the same cannot be ascertained by the Building Official in the exercise of reasonable diligence and the Building Official shall make an affidavit to that effect, then the serving of such compliant or order upon such person may be made by publishing the same each week, for two consecutive weeks, in the official newspaper of the city of Auburn. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this Section. (Ord. 4378 § 2, 1990.) 15.16.020 Section 801(b) amended – Costs. Section 801(b) of the Uniform Code for the Abatement of Dangerous Buildings shall be amended to read as follows: (b) Costs. The cost of such work shall be paid from such account as deemed appropriate by the Finance Director. (Ord. 4378 § 2, 1990.) 15.16.030 Section 802 – Repair and demolition fund deleted. Section 802 of the Uniform Code for the Abatement of Dangerous Buildings is deleted. (Ord. 4378 § 2, 1990.) 15.16.040 Section 902 amended – Report transmitted to council – Set for hearing. Section 902 of the Uniform Code for the Abatement of Dangero us DI.F Page 137 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 32 of 36 Buildings shall be amended to read as follows: Sec. 902. Upon receipt of said report, the clerk of this jurisdiction shall present it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections thereto. The clerk of this jurisdiction shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this juri sdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appear on the last equalized assessment roll of the county if such so appear, or as known to the clerk and to persons entitled to notice pursuant to Subsection (c) of Section 401. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour and place when the legislative body will hear and pass upon the director’s report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. (Ord. 4378 § 2, 1990.) 15.16.050 Section 905(c) amended – Personal obligation or special assessment. Section 905, subsection (c) of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended as follows: (c) Special Assessment and Lien. If the legislative body of this jurisdiction orders that the charge shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property which shall be of equal rank with state, county and municipal taxes. (Ord. 4378 § 2, 1990.) 15.16.060 Section 908(b) amended – Lien of assessment. Section 908, subsection (b) of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: (b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of twelve percent per annum plus penalties from and after said date as provided for in RCW 84.56.020, as now or hereafter amended for delinquent taxes. (Ord. 4378 § 2, 1990.) 15.16.070 Section 909 amended – Report to assessor and county treasurer – Addition of assessment to tax roll. Section 909 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended as follows: Sec. 909. After confirmation of the report, certified copies of the assessment and lien shall be given to the assessor and the county treasurer for this jurisdiction, who shall enter the amount of the assessment upon the tax rolls against the property for the current year and the same shall become a part of the DI.F Page 138 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 33 of 36 general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 34.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the municipality. (Ord. 4378 § 2, 1990.) 15.16.080 Section 910 amended – Filing of report with county auditor. Section 910 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended as follows: Sec. 910. If the county assessor and the county treasurer assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books for the current year. (Ord. 4378 § 2, 1990.) 15.16.090 Section 912 amended – Recovered moneys. Section 912 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended as follows: Sec. 912. All money recovered by payment of the charge of assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director, who shall credit the same to the appropriate account. (Ord. 4378 § 2, 1990.) 1 Prior legislation: 1957 code §§ 2.05.010 – 2.05.040; Ords. 2856, 4189. ________________________________________________________________________ Chapter 15.40 SMOKE DETECTORS Sections: 15.40.010 Application and scope. 15.40.020 Definitions. 15.40.030 Conformance with nationally accepted standards. 15.40.040 Primary power supply. 15.40.050 Repealed. 15.40.060 Repealed. 15.40.070 Installation. 15.40.080 Maintenance. 15.40.090 Violation – Penalty. 15.40.010 Application and scope. DI.F Page 139 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 34 of 36 All Group R Occupancies sold, leased, let or rented in the city of Auburn shall have installed therein smoke detectors pursuant the provisions of this chapter. (Ord. 4270 § 1, 1988.) 15.40.020 Definitions. For the purpose of this chapter, the words set out in this section shall have the following meanings: A. “Combination photoelectric/ionization detector” means a smoke detection device containing both an ionization and a photoelectric element. B. Factory Built Housing. For the purpose of these rules, “factory buil t housing” is considered as any structure designed primarily for human occupancy other than a mobile home, the structure of any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site, and which is subject to regulation by the Washington Department of Labor and Industries pursuant to RCW 43.22.450 through 43.22.490. C. Group R Occupancies. “Group R occupancies” shall have the following meanings: 1. Group R, Division 1 of the International Building C ode, guest rooms and dwelling units, i.e., hotels, motels, apartments and condominiums; 2. Group R, Division 3 of the International Building Code, dwelling units, i.e., duplexes, single-family dwellings and lodging houses; 3. Mobile home dwelling units. D. “Ionization detector” means a smoke detector device which activates in response to invisible particles created by combustion. Sensitive to open flame fire. E. Mobile Home. For the purpose of these rules, a “mobile home” is considered as a factory-assembled structure or structures assembled with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit without a permanent foundation, and which is subje ct to regulation by the Washington Department of Labor and Industries pursuant to RCW 43.22.340 through 43.22.434. F. “Smoke detection device” means a self -contained alarm for detecting visible or invisible particles of combustion, which consists of an assembly of electrical components including a smoke chamber, alarm sounding appliance, and provision for connection to a power supply source, either by splice leads or a cord and plug arrangement or containing integral batteries. A supplemental heat detector may be included as part of the appliance. Terminals may be included for connection to a remote, audible signaling appliance or accessory. An integral transmitter may also be included to energize a remote audible signaling appliance. The smoke detection device may be of the photoelectric and/or ionization type. (Ord. 6310 § 20, 2010; Ord. 4270 § 2, 1988.) 15.40.030 Conformance with nationally accepted standards. DI.F Page 140 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 35 of 36 All smoke detection devices shall be designed and manufactured in conformance with the requirements of Underwriters Laboratories, Inc. Standard UL 217 and shall be approved or listed for the purposes for which they are intended. (Ord. 6310 § 21, 2010; Ord. 4270 § 3, 1988.) 15.40.040 Primary power supply. A. The primary power supply of a smoke detect ion device shall be a commercial light and power source normally available in the dwelling unit. Connection to a commercial power and light source shall be in the form of permanent wiring to terminals or leads in a separate wiring compartment having provisions for the connection of a conduit, metal clad or nonmetallic sheathed cable, by means of a power supply cord and attachment -plug cap, or by means of a separate power supply. B. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. C. Exception. Smoke detectors may be battery operated when installed in existing buildings built prior to January 1, 1981, or in buildings without commercial power, or in buildings which undergo alterations, repairs or additions regulated by subsection D of this section. D. When the valuation of an addition or repair to a Group R Occupancy exceeds $1,000, or when one or more sleeping rooms are added or created in existing Group R Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R Occupancies. (Ord. 4270 § 4, 1988.) 15.40.050 Number of smoke detector devices required. Repealed by Ord. 6310. (Ord. 4270 § 5, 1988.) 15.40.060 Location of detection devices. Repealed by Ord. 6310. (Ord. 4270 § 6, 1988.) 15.40.070 Installation. A. It is the responsibility of the builder or manufacturer of each new building, mobile home or factory built housing to install smoke detection devices within each dwelling unit. B. It is the responsibility of the owner of each existing building, mobile home or factory built housing to install smoke detection devices within each dwelling unit occupied by persons other than the owner. C. It is the responsibility of the owner of each new or exist ing building, mobile home or factory built housing, containing dwelling units occupied by persons other than the owner, to inspect and test all smoke detection devices at the time of vacancy and make the necessary repairs or replacements to insure that the smoke detection devices are operational prior to reoccupancy, and to DI.F Page 141 of 144 -------------------------------- Ordinance No. 6601 May 12, 2016 Page 36 of 36 instruct the occupants of the purpose, operation and maintenance of the smoke detection device(s). (Ord. 4270 § 7, 1988.) 15.40.080 Maintenance. It is the responsibility of the occupant of all new or existing dwelling units, owned by other than the occupant, to maintain and test all smoke detection devices installed within the dwelling unit by the owner. Actual costs of maintenance, repair or replacement of smoke detection devices shall be as agreed beforehand by the occupant and owner. However, failure of the owner to abide by the terms of any such agreement does not relieve the occupant of the responsibility to maintain the smoke detection devices in a fully operational condition at all times. Failure to do so can subject the occupant to the penalty provisions stated in ACC 15.40.090. (Ord. 4270 § 8, 1988.) 15.40.090 Violation – Penalty. A violation of any of the provisions of this chapter shall be a civil infraction, punishable in accordance with ACC 1.25.050. (Ord. 5683 § 37, 2002; Ord. 4270 § 9, 1988.) ________________________________________________________________ Chapter 15.64 SWIMMING POOLS Sections: 15.64.010 Fence requirements. 15.64.020 Gate and door requirements. 15.64.010 Fence requirements. From and after the effective date of the ordinance codified in this chapter, every permanent private outdoor swimming pool shall be surrounded by a fence or wall not less than 60 inches in height, which shall be constructed as no t to have openings, holes or gaps larger than four inches in any dimension except for doors or gates. All fences erected shall conform to the fence regulations as set forth in Chapter 18.31 ACC. (Ord. 3421 § 1, 1979.) 15.64.020 Gate and door requirements. All gates or door openings through the fences required in ACC 15.64.010 shall be equipped with a self-closing and self-latching device located upon the inside of the gate or door of sufficient height so that small children cannot reach the latch. All gates and doors shall be kept securely closed at all times when not in use. (Ord. 3421 § 2, 1979.) DI.F Page 142 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Capital Project Status Report and Feature Capital Project (20 Minute Presentation/10 Minute Q&A) Date: June 6, 2016 Department: CD & PW Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: The purpose of this discussion is to inform the Council and Public of the overall status of the City’s Capital Project program managed by the Community Development & Public Works (CDPW) Department and to present this quarter’s feature capital project: Auburn Way South Corridor Safety Improvements (Muckleshoot Plaza to Dogwood St SE). The Capital Projects Group of CDPW is currently managing 43 active projects with a total cost of $82 million. Of these projects, 28 are in the design phase and 15 are under construction. Within the next 3 months, 11 projects are expected to be advertised for bids and the construction of 9 projects are anticipated to be completed. The total value of projects completed by years is as follows: 2012 = $23.7 million 2013 = $29.9 million 2014 = $29.6 million 2015 = $35 million 2016 = $38 million (anticipated) The feature capital project for the second quarter of 2016 is the Auburn Way South Corridor Safety Improvements (Muckleshoot Plaza to Dogwood Street SE). This project will be featured in the Summer edition of the Auburn Magazine and on the City’s capital project website. The purpose of this project is to improve vehicle and pedestrian safety and ease congestion along this section of Auburn Way South. To accomplish this, Auburn Way AUBURN * MORE THAN YOU IMAGINEDDI.G Page 143 of 144 South will be widened to accommodate raised landscaped medians, a second eastbound left turn into the Muckleshoot Casino’s main entrance at Riverwalk Drive, bus pull-out areas, 10 foot wide sidewalks, improved pedestrian and street lighting (particularly at the Dogwood intersection), and upgrades to the existing traffic signals. Access management strategies will be implemented which include consolidating, eliminating, and/or restricting direction of travel in and out of non-signalized driveways, constructing raised medians, c-curbing, and providing u-turns at the Dogwood and MIT Plaza signals. This project also includes improvements to the existing storm drainage system to accommodate the wider roadway, replacing an aging water main that is beyond its useful life, and incorporating streetscape techniques to improve the aesthetics of the corridor which include planting the raised medians and installing street trees. The project team will provide a general project overview and update, including status of environmental permitting, right-of-way acquisition, and schedule. Reviewed by Council Committees: Councilmember:Staff:Sweeting Meeting Date:June 13, 2016 Item Number:DI.G AUBURN * MORE THAN YOU IMAGINEDDI.G Page 144 of 144