HomeMy WebLinkAbout11-06-2017 CITY COUNCIL AGENDACity Council Meeting
November 6, 2017 - 7:00 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. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Proclamation - Entrepreneurship Week
Mayor Backus to proclaim November 13-19, 2017 as Entrepreneurship Week in
the city of Auburn.
B. Proclamation - Small Business Saturday
Mayor Backus to proclaim Saturday, November 25, 2017, as Small Business
Saturday in the city of Auburn.
C. Proclamation - GIS Day
Mayor Backus to proclaim November 15, 2017 as GIS Day in the city of Auburn.
D. Introduction of Special Guests From Tamba, Japan
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing on Ordinance No. 6658 and Intent to Modify the
Business Improvement Area (BIA) Special Assessment* (Hinman)
City Council to conduct a hearing on the proposed modification to the
exemptions to the BIA special assessment to address itinerant businesses,
home occupations, large-scale nonprofit organizations, and nested
businesses.
(RECOMMENDED ACTION: City Council conduct the public hearing.
For further action on this item, see Ordinance No. 6658.)
Page 1 of 141
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the June 27, 2016 and July 11, 2016 Study Session Meetings*
B. Minutes of the October 16, 2017 Regular City Council Meeting*
C. Claims Vouchers (Coleman)
Claims vouchers 446223 through 446443 in the amount of
$1,905,669.29 and eight wire transfers in the amount of $691,615.12 and dated
November 6, 2017.
D. Payroll Vouchers (Coleman)
Payroll check numbers 537565 through 537586 in the amount of $432,492.71,
electronic deposit transmissions in the amount of $1,806,549.00 for a grand total
of $2,239,041.71 for the period covering October 12, 2017 to November 1, 2017.
E. Call for Public Hearing - 2018 Property Tax Levy Public Hearing (Coleman)
City Council to call for a public hearing to be held on November 20, 2017, to
receive public comments and suggestions with regard to possible increases in
property taxes.
F. Call for Public Hearings - Mid-Biennial Review and Modification of the
2017-2018 Biennial Budget (Coleman)
City Council to call for public hearings to be held November 20 and December 4,
2017 to receive public comments and suggestions with regard to the proposed
modifications to the 2017-2018 Biennial Budget, including revenue estimates
and possible increases in property taxes.
G. Public Works Project No. CP1406* (Snyder)
City Council award Contract No. 17-28 to West Coast Signal, Inc. on their low
bid of $448,492.50 for Project No. CP1406, Main Street Signal Upgrades project.
H. Public Works Project No. CP1417* (Snyder)
City Council approve Final Pay Estimate No. 5 to Contract No. 16-04 to R.L. Alia
in the amount of $10,883.00 and accept construction of Project No. CP1417,
West Hill Springs Improvements Project.
I. Public Works Project No. CP1511* (Snyder)
Page 2 of 141
City Council approve Final Pay Estimate No. 3 to Contract No. 17-12 in the
amount of $488,335.14 and accept construction of Project No. CP1511, M Street
SE Improvements.
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6658* (Hinman)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new chapter of the Auburn City Code related to the Auburn Business
Improvement Area
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6658.)
XI. RESOLUTIONS
A. Resolution No. 5320* (Faber)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute an agreement between the City of Auburn and the Auburn
Symphony Orchestra for tourism promotion services
(RECOMMENDED ACTION: City Council adopt Resolution No. 5320.)
B. Resolution No. 5324* (Hinman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute an Interlocal Agreement between the City of Auburn and
the City of Federal Way relating to the leasing of Auburn property for joint police
task-force
(RECOMMENDED ACTION: City Council adopt Resolution No. 5324.)
C. Resolution No. 5325* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to accept state grant funds from the King County Flood Control
District for the 37th Street NW Flood Control Project
(RECOMMENDED ACTION: City Council adopt Resolution No. 5325.)
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XIII. ADJOURNMENT
Page 3 of 141
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 4 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on Ordinance No. 6658 and Intent to Modify
the Business Improvement Area (BIA) Special Assessment
Date:
October 31, 2017
Department:
Administration
Attachments:
Ordinance No. 6658
Ordinance No. 4293
Ordinance No. 6097
Budget Impact:
$0
Administrative Recommendation:
City Council conduct the public hearing. For further action on this item, see Ordinance
No. 6658.
Background Summary:
In 1988 the City Council established a Business Improvement Area (BIA) for
downtown Auburn. The purpose of the BIA is to generate economic activity by, among
other things, providing security for public spaces and sponsoring public events in the
downtown area. To accomplish these purposes, a special assessment is levied
against businesses in the BIA. The 1988 Ordinance also created exemptions from the
special assessments. Since that time, the Ordinance and its exemptions, have
become outdated; resulting in years of inactivity. Recently, business owners in the
downtown area have begun efforts to revitalize the BIA. To that end, modifications of
the provisions of the BIA are needed. The BIA Committee of Rate Payers has
recommended the City Council adopt Ordinance No. 6658 to address needed
modifications. The proposed Ordinance No. 6658 would create a Chapter within the
City Code for the BIA and modify the exemptions to the BIA special assessment.
Revised Code of Washington 35.87A.140 requires a public hearing for any
modification.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:November 6, 2017 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 5 of 141
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 6 of 141
ORDINANCE NO. 6 6 5 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, CREATING A
NEW CHAPTER OF THE AUBURN CITY CODE
RELATED TO THE AUBURN BUSINESS
IMPROVEMENT AREA
WHEREAS, the Aubum City Council adopted Ordinance No. 4293 in 1988,
after publishing notice of the Counc'il's intent in Resolution 1866 and holding a
public hearing on July 5, 1988; and
WHEREAS, Ordinance No. 4293 esfablished a Business Improvement
Area (BIA), and levied special assessments o.n certain businesses within the
geographic boundary of the BIA; and
WHEREAS, Ordinance No. 4293 established a Committee of Rate Payers,
made up of representatives of businesses within the geographic boundary of the
BIA, for the purpose of developing recommendations to 4he City Council for the
use of funds generated by 4he special assessment; and
WHEREAS, the City Council modified Ordinance No. 4293 in 2007, upon
the recommendation of the Committee of Rate Payers, through Ordinance No.
6097, to make the rate of special assessment uniform amongst all assessed
businesses; and
WHEREAS, the Committee of Rate Payers has reviewed the status of the
BIA and recommended certain modifications to better facilitate economic
development within downtown Auburn, including the modification of exis4ing
exemptions to the special assessments levied within the geographic boundary of
the BIA; and
Ordinance No.
6658u
October 30, 2017
Page 1 of 8PH.1 Page 7 of 141
WHEREAS, the City adopted Resolution No. 5314, stating its intention to
modify the BIA special assessment rate on October 16, 2017 and
WHEREAS, the City has held a duly noticed public hearing, pursuant to
RCW 35.87A:140, and considered the testimony provitled therein; and
WHEREAS, fhe provisions for otherboards and commissions of the City qf
Aubum have bee.n established within the Auburn City Code; and
WHEREAS, establishing proviSions within fhe Aubum City Code for the BIA,
including 4he structure and respo.nsibilities of the Committee of Rate Payers and
the rate and application of special assessmenfs, will ensure that all applicable law
can be found wi4hin a single place, a Chapter of the City Code, instead of spread
across mul#iple Ordinances in multiple decades; and
WHEREAS, the City finds that updating the provisions of the BIA, including
mod cation of the exemptions to the special assessment rate, ancl establishing
said updates within the Aubum City Code will promote the public he.alth, safety,
and welfare of the residents of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6658 ^
October 30, 2017
Page 2 of 8PH.1 Page 8 of 141
Section 1. New Chapter to Citv Code.That a new Chapter 2.98
of the Aubum City Code is created to read as follows:
CHAPTER 2.98
AUBURN BUSINESS IMPROVEMENT AREA
Sections:
2.98.010 Business Improvement Area Created.
2.98.020 Special Assessment of Businesses Within BIA
Boundary.
2.98.030 Purpose of BIA.and Special Assessment Expenditures.
2.98.040 Committee of Rate Payers created.
2.98.050 Membership.
2.98.060 Appointment.
2.98.070 Officers— Meetings.
2.98.080 Compensation.
2.98.090 Role and Responsibilities of the Committee.
2.98.100 Annual reports of progress.
2.98.010 Business Improvement Area.Created.
A. There is created, pursuant to RCW 35.87A, a Parking and
Business Improvement Area (BIA) is hereby created with a boundary as
follows:
Beginning at the intersection of Aubum Way North and 5th Street
NE; tfience eastward along the alley lying between and paralleling 6th
Street NE and Park AV, for a distance of 200 feet from the centerline of
Auburn Way North; thence south, paralleling Auburn Way North and aY a
distance of 200 feet from the centerline of Auburn Way North, to 1 st Street
NE; thence eastward along 1st Street NE to "E" Street NE; thence
southward along "E" Stree.t NE to East Main Street; thence eastiNard along
Main Stre.et to "F" StreetSE; thence south-ward along "F" Street SE to 2nd
Street SE; thence westward along 2nd Street SE to the mid-blo.ck point
between "D" Street SE and Auburn Way South; thence southward to the
Burlington Northem Railroad tracks; thence westward along the Burlington
Northem Railroad tracks to "A" Street SE; thence northward along "A"
Street SE to 3rd Street SE; thence westward along 3rd Street SE and SW
to the Bu lington Northern Railroad tracks; thence northward along the
Burlington Northem Rail road tracks to 1st Street SW projected; thence
westward al.o.ng 1st Street SW to ''D" Street SW; thence northward along
D"Street SW and NW for a distance of 200 feet from the centerline of West
Main Street; thence eastward, paralleling Main Street and at a distance of
200 feet from the centerline of West Main Street, to the Burlington Northem
Railroad tracks; fhence northward along the Burlington Northern Railroad
tracks to 3rd Street NW; thence eastward along 3rd Street NW and NE to
B" Street NE; thence northward along "B" Street NE for a distance of200
Ordinance No. 6658
October 3Q 2017
Page 3 of 8PH.1 Page 9 of 141
feet from the centerline of 3rd Street NE; thence eastward, paralleling 3rd
Street NE and at a distance ofi200 feet from the centerline of 3[d Street NE;
to the alley running in a north/south direction and lying east of"B" Street NE
and west of Auburn AV; thence northward along the alley to 5th Street NE;
thence eastward aiong 5fh Street NE to Auburn Way North, which is the
beginning poinf (when a street or alley is named, the area boundary is the
centerline of the right-of-way).
B. Businesses within the Auburn Central Business District
Parking and Business ImproVement Area shall be subject to special
assessments aufhorized by RCW 35.87A.010.
2.98.020 Special Assessment of Businesses Within BIA Boundary.
A. To finance the activities authorized in ACC 2.98.030, there is
levied and shall be collected an annual special assessment upon the
businesses in the area, determined as follows:
1. All businesses operating within the BIA boundary shall pay a
special assessment equal to the usable square footage, excluding any
basement space, owned or occupied by said business multiplied by a factor
of$0:15.
2.No business shall be assessed less than $150.00 nor more
than $1,500.00 per year.
B. No special assessments shall be levied upon or collectetl
from:
1. Organizations to which a charitable contribution may be made
under the United States Internal Revenue Code, 26 U.S.C.§ 17Q with five
5) or fewer full-4ime employees.
2. Governmental agencies and offices.
3. Businesses that occupy or use any leasable area within the
geographic boundary of the BIA for a period of less fhan twenty days (20)
per year.
4. Business.es that are owned by, orare a subsidiary, or affiliate
of another business entity that is subject to the special assessment, and are
located wholly within the assessed business.
5. Businesses authorized by Auburn City Code Chapter 18,6U.
6.Busine.s.s.es operating within a city-sponsored business
incubator or business accelerator.
7.Businesses not required to obtain a business license under
Title 5 of the Auburn City Code..
C. Special assessments for businesses that own, but do not
occupy, any leasable area shall be reduced Liy a pro-rata amount based on
the square footage leased tiy any 6ther assessed business.
D. New businesses commencing within the BIA area shall pay
an initial annual assessment thaY is pro-rated based on the time remaining
in the year.
Ordinance No. 6658
October 30, 2017
Page 4 of 8PH.1 Page 10 of 141
2,98.030 Purpose of BIA and SpecialAssessment Expenditures.
A. The purpose o.f the BIA is to aid in general economic
development and neighborhood revitalization within the BIA boundary, and
to facilitate the cooperation of inerchants, businesses, and residentiai
property owners for the benefit of trade, economic vitality, and IiVeability.
B. Assessment expenditures are limited to the following
purposes:
1. The acquisition, constFuction or maintenance of parking
facilities for the benefd of the neighborhood wi4hin 4he BIA boundary;
2. Decoration of any place wi4hin the BIA b.oundary;
3. Sponsorship or promotion of public eve.nts which are to take
place on, orin, public places within the BIA boundary;
4. Furnishing of music in any public place within the BIA
boundary;
5. Providing professional management, planning, and promotion
for the neighborhood within the BIA boundary;
6. Froviding maintenance and security for common, public
spa.ces within the BIA boundary; or
7. Providing t anspbrtation services for the benefit of the
neighborhood within the BIA boundary.
2.98.040 Committee of Rate Payers created.
There is created an advisory committee to be known as the
Committee of Rate Payers (the Committee). The purpose of the Committee
is to serve in an advisory capacity to 4he City Gouncil.
2.98.0$0 Membership.
A. There shall be not more than seven (7) members of the
Committee who shall be appointed by the mayor and confirmed by the city
council, and who shall serve at the pleasure of the city council; provided.
that the mayor may appoint up to four (4) additional members to serve as
alternates in the event of a Committee member's absence.
B. The members shall be owners or operators of businesses
located within the BIA boundary and sHall be selected to repre.sent the
variety of business types and geographic locations included within the BIA
boundary.
2:98.060 Appointment.
A. Committee members shall be appointed to a three (3) year
term.
B. Upon the resignation ofia Committee member, removal by fhe
City Council, or expiration of a Committee members term, the Committee
shall make recommendations to the City Council and the City Council shall
make an appointment to fill the vacancy.
C. The Committee, upo.n four (4) unexcused absences, may
recommend the removal of`any Committee member to the City Council.
Ordinance No. 6658
October 30, 2017
Fage5of8PH.1 Page 11 of 141
2.98.070 Officers— Meetings.
A. At the first regular meeting of each year, the Committee
members shall elect a chairperson and vice-chairperson from among the
members of 4he Committee.
B. It shall be the duty of the chairperson to preside over all
meetings of the Committee. The vice-chairperson shall preside at all
meetings where the chairperson is absent.
C. Minutes shall be kept and meeting agendas prepared in
coordination between members of the Commi4tee and staff inembers. A
majority of the members ofithe Committee shall constitute a quorum for the
transaction of business, and a majority vote of those present shall be
necessary to make recommendations to the city council.
D. All Committee meetings shall be staffed by City of Aubum
personnel to support and assis4 the Committee.
E. All Committe.e m.eetings shall be conducted in accordance
with the Committee's adopted rules for the transaction of business, and
Robert's Rules of Order or any other meeting procedures or guidelines
authorized by the City of Aubum sHall be used for any subject noYaddressed
within the Committee's adopted rules of procedure.
2.98.080 Compensation.
The members of the Committee shall serve without compensafion
except for reasonable travel expenses associated with fhe performance of
the Committee member's dufies.
2..98.090 Role and Responsibilities of the Committee.
A. The Committee shall, by resolution, fix fhe time and place
within the City for regular meefings, and hold additional meetings as the
chairperson or a majority of the Committee deems necessary.
B. The Committee shall adopt rules for the transaction of
business and keep a record of its resolutions, transactions, findings, and
determinations. These records shall be public and open to inspection.
C. The Committee shall consider proposals for economic
development and neighborhood revitalization projects and programs
consistent with the purposes listed in 2.98.030, provide for public input and
submit comments in a 4imely manner to 4he Mayor and City Council,
including an analysis of the extent to which the Committee's
recommendations will improve economic development or downtown
revitalization.
2.98.100 Annual reports of progress.
The Committee chairperson and/or vice-chairperson shall annually
provide to the city council a report on progress made in carrying out the
Committee's responsibilitie.s. Additional reports may be submitted when
Ordinance No. 6658
October 30, 2017
Page 6 of 8PH.1 Page 12 of 141
deemed appropriate by the Committee or when requested by the city
council.
Section 2. Suaersedins of Oris inal Ordinance. Ordinance No. 4293
and Ordinance No. 6097 are here.by superseded by this Ordinance.
Section 3. Imalementation. The Mayor is hereby authorized to
implement such administrafive procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severabilitv. The provisions of this ordinance are
declared to be separate and seqerable. The invalid.ity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shap not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danie.11e E. Daskam, City Clerk
Ordinance No. 6658
October 30, 2017
Page 7 of 8PH.1 Page 13 of 141
APPI OVED S TO FORM;
i'
Daniel B. Heid, City ttorney
Pubiished:
Ordinance No. 6658
October 30, 2017
Page 8 of 8PH.1 Page 14 of 141
PH.1 Page 15 of 141
PH.1 Page 16 of 141
PH.1 Page 17 of 141
PH.1 Page 18 of 141
PH.1 Page 19 of 141
PH.1 Page 20 of 141
PH.1 Page 21 of 141
PH.1 Page 22 of 141
PH.1 Page 23 of 141
PH.1 Page 24 of 141
PH.1 Page 25 of 141
PH.1 Page 26 of 141
PH.1 Page 27 of 141
PH.1 Page 28 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 27, 2016 and July 11, 2016 Study
Session Meetings
Date:
October 22, 2017
Department:
Administration
Attachments:
6-27-2016 Study Session Minutes
July 11, 2017 Study Session Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:November 6, 2017 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 29 of 141
City Council Study Session
June 27, 2016 - 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor Largo Wales called the meeting to order at 5:30 p.m. in
the Council Chambers at Auburn City Hall, 25 West Main Street in
Auburn.
A. Roll Call
Councilmembers present: Deputy Mayor Wales, Bob Baggett,
Claude DaCorsi, John Holman, Yolanda Trout-Manuel, and Rich
Wagner. Councilmember Bill Peloza was excused.
Mayor Nancy Backus and the following Department Directors and
staff members present: City Attorney Daniel B. Heid, Assistant
Police Chief William Pierson, Administrative Assistant Sue Van
Slyke, Community Development and Public Works Director Kevin
Snyder, Assistant Director of Engineering Services/City Engineer
Ingrid Gaub, Environmental Services Manager Jenna Leonard,
Director of Administration Dana Hinman, Innovation and Technology
Director Paul Haugan, Director of Human Resources and Risk
Management Rob Roscoe, Finance Director Shelley Coleman and
Deputy City Clerk Shawn Campbell.
II. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 6608 (20 Minute Presentation/10 Minute Q&A)
(Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6533, the 2015-2016 Biennial Budget
Ordinance, as amended by Ordinance No. 6558, Ordinance
No. 6563, Ordinance No. 6570, Ordinance No. 6571, Ordinance No.
6580, and Ordinance No. 6592, authorizing amendment to the City
of Auburn 2015-2016 Budget as set forth in Schedule "A" and
Schedule "B"
Director Coleman presented Budget Amendment No. 6. She
explained the primary reason for this budget amendment is to bring
forward the actual beginning fund balance after the 2015 year end
has been completed. There are also funds that have been moved
from one fund to another, additional funding for the Council
Chambers Remodel and recognition of received grant funds.
Page 1 of 4
CA.A Page 30 of 141
Councilmember Wagner questioned if the funds transferred from the
sidewalk repair fund will be used for sidewalks. Assistant Director
Gaub stated the funds will be used for the sidewalk portion of the M
Street project.
Councilmember Baggett requested an explanation of the University
of Washington Livable City Pilot Program. Manager Leonard
explained that the University of Washington is starting a pilot
program called The Livable City Program. The University of
Washington program will focus on one city. The city and the
university will select various projects for the students and faculty to
focus on. The students will spend approximately 40,000 hours
working on those projects. The program would run from September
2016 to June 2017. There will be students from various disciplines
and departments. The program as a whole will be under one master
agreement but there will be individual scopes of work for each
project.
B. Resolution No. 5238 (10 Minute Presentation/10 Minute Q&A)
(Snyder)
A Resolution of the City Council of the City of Auburn, Washington
approving a logo for the Auburn Municipal Airport
Director Snyder presented a proposed new logo for the Auburn
Municipal Airport. He stated Multimedia Design Technician Sarah
St. George has worked with staff and the Airport Advisory Board to
come up with the proposed logo.
Councilmember Wagner asked why the logo includes the word
municipal. Director Snyder explained there is a historical
relevance and pride attached to the word municipal. Also is signifies
that the airport is a government run airport.
Deputy Mayor Wales stated she is concerned about fading of the
words across the bottom. Director Snyder explained this design will
primarily be for print and digital. If the City puts up a free standing
sign they will adjust it.
C. Animal Control Policies (10 Minute Presentation/10 Minute Q&A)
(Lee)
Discussion of Ordinance No. 6304 as it pertains to dangerous and
potentially dangerous dogs.
Assistant Chief Pierson explained the proposed ordinance has two
separate areas one is potentially dangerous dogs and the other is
dangerous dogs. The potentially dangerous dogs are designated by
breeds that have been determined by prior council as potentially
dangerous. There is a designation of potentially dangerous by act
if a dog bites a human or another animal, acts in a menacing fashion
or has been aggressive in the past. For a dog to be declared as a Page 2 of 4
CA.A Page 31 of 141
dangerous dog the animal has to have killed or inflicted severe injury
on a human or animal, previously been deemed potentially
dangerous and allowed to roam free.
If a dog has been declared dangerous or potentially dangerous by
the Animal Control Officer the dog owner has the right to appeal that
declaration. The first appeal is to the Assistant Chief of Police. After
the hearing the Assistant Chief makes a ruling. The dog owner can
appeal that decision to the Hearing Examiner. The Hearing
Examiner decision is final.
If a dog has been deemed potentially dangerous or dangerous
there are rules and fees for each designation the dog owner must
comply with. If the owner does not comply they are issued citations
for each item.
Councilmember Baggett asked at what point does the city order the
dog to be euthanized. Assistant Chief Pierson stated if the owner
complies with the requirements set by code they will be able to keep
their dog.
D. Traffic School Presentation (10 Minute Presentation/10 Minute
Q&A) (Lee)
Discussion on establishing a Traffic School with the Auburn Police
Department to promote traffic safety within the City of Auburn.
Assistant Chief Pierson and Administrative Assistant Van Slyke
presented Council with the proposal for Traffic School. The intent of
the school is to provide education to those who receive a citation.
The advantages for the citizen is that the class allows the driver to
keep a clean driving record, keep insurance cost down and learn the
laws. The advantage to the City is that the class keeps drivers
educated and increase compliance with the traffic laws.
Councilmember Trout-Manuel asked what ages this program serve.
Assistant Chief Pierson stated it will be offered to all drivers.
Deputy Mayor Wells stated this class is consistent with the City's
philosophy of education.
E. Resolution No. 5240 (10 Minute Presentation/10 Minute Q&A)
(Heid)
A Resolution of the City Council of the City of Auburn, Washington,
amending the City Council Rules of Procedure as adopted by
Ordinance No. 5802 and amended by Resolution Numbers 4282,
4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115 and
5217
City Attorney Heid stated the issue of how a City Council meeting is
cancelled has come forward from time to time. Typically the mayor Page 3 of 4
CA.A Page 32 of 141
or deputy mayor has cancelled the meeting. The Council Rules
currently state it needs to be by vote of the Council. The proposed
resolution would make the rules in line with the common practice.
III. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 6:20 p.m.
APPROVED THIS _______ DAY OF ____________________, 2017.
__________________________ __________________________
Largo Wales, Deputy Mayor Shawn Campbell, Deputy City Clerk
Page 4 of 4
CA.A Page 33 of 141
City Council Study Session
July 11, 2016 - 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor Largo Wales called the meeting to order at 5:30 p.m. in
the Council Chambers of Auburn City Hall located at 25 West Main
Street in Auburn.
A. Roll Call
City Councilmembers present: Deputy Mayor Wales, Claude
DaCorsi, John Holman, Bill Peloza, and Yolanda Trout-Manuel.
Councilmember Rich Wagner arrived at 5:35 p.m. Councilmember
Bob Baggett was excused.
City officials and department directors present included: Mayor
Nancy Backus, Director of Administration Dana Hinman, Innovation
and Technology Director Paul Haugan, Community Development
and Public Works Director Kevin Snyder, City Attorney Daniel B.
Heid, Parks, Arts and Recreation Director Daryl Faber, Human
Resources and Risk Management Director Rob Roscoe, Assistant
City Attorney Jessica Leiser, Environmental Services Manager Chris
Andersen, Assistant Director of Engineering Services Ingrid Gaub,
Assistant Director of Innovation and Technology Ashley Riggs,
Innovation and Technology Administrative Assistant Meghan
Tillman, GIS/Database Specialist Alice Pence, Environmental
Planner Jenna Leonard, Environmental Assistant Maggie Gipson,
and City Clerk Danielle Daskam.
II. AGENDA MODIFICATIONS
Item F an Update on Digital Parity was added to the agenda. The
agenda materials were distributed to Council earlier today.
III. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Auburn Youth Council Presentation (10 Minute Presentation/5
Minute Q&A) (Faber)
The Auburn Youth Council will inform City Council of their mission
and accomplishments of the past year.
Recreation Program Coordinator Kjerstin Lange provided a brief
overview of the Auburn Youth Council with the assistance of
Recreation Leader Abby Schirrick and Youth Council
Page 1 of 4
CA.A Page 34 of 141
member Vanessa Anderson.
The Auburn Youth Council was established in 1993 and is a
community volunteer/leadership program for youth in grades 6
through 12, including private and home-schooled students. There is
rolling enrollment for the Youth Council. The Youth Council fosters
a love for volunteering and public service and provides an
opportunity for students to meet other students from other schools.
The current Auburn Youth Council consists of 35 active members.
The Youth Council members participate in City activities including:
S'more Than You Imagined, Halloween Harvest, Kids Day, Santa
Parade, PetPalooza, and the Fourth of July Festival. The Youth
Council members also provide volunteer services to the Auburn
Food Bank, the Auburn School District, and other volunteer
opportunities. This year the Youth Council provided 856 hours of
volunteer service to the community.
The Youth Council also raises funds and uses the funds to grant
back into the community and has purchased new cat beds for the
Auburn Valley Humane Society, purchased bike helmets for youth,
and adopted families and teenagers during the holidays.
B. Socrata Presentation (15 Minute Presentation/10 Minute Q & A)
(Haugan)
Discussion of the Socrata system and its applicable uses for public
information.
Assistant Director of Innovation and Technology Riggs reviewed
Socrata, a company that provides a web portal for open data and
transparency. Socrata is responsive to the Council's and Mayor's
strategic goals for increased efficiencies and transparency.
Socrata enables citizen engagement and provides information for
residents. Some of the information the residents will be able to
access using the Socrata portal include:
• 311 work orders and related data
• Geospacial and mapping data
• Public safety data, such as neighborhood crime statistics,
parking violations and moving vehicle violations
• Health and Inspectional Services Division information
• Budget and government expenditure information
C. Unmanned Aerial Vehicle (UAV) Program Presentation (15 Minute
Presentation/10 Minute Q&A) (Haugan )
Discussion of the UAV Program and policies to operate drones for
civil use.
Assistant Director Riggs, GIS Database Specialist Pence
and Administrative Assistant Tillman presented Council with the Page 2 of 4
CA.A Page 35 of 141
Unmanned Aerial Vehicle Program. They reviewed the FAA
regulations, City requirements to have an Unmanned Aerial Vehicle
Program including adopting an administrative policy and standard
operating procedures, operator training, maintenance of the
equipment and flight logs. The City hired a consultant who is
an expert on implementing a successful drone program and
managing the risk. With the drone program the City will be able to
view hard to reach areas, have aerial images and video, use drones
for search and rescue, inspections, environmental analysis, public
safety and more.
D. Police Towing Practices (15 Min Presentation/10 Min Q&A) (Lee)
Discussion of the Auburn Police Department's towing practices;
rotation process, annual review, tow payment method.
Assistant Chief Pierson presented information on the City's tow
policies. In August of 2010 the Council approved a resolution
authorizing the Police Department to enter into contracts with tow
companies establishing a tow rotation. The City tow policy is guided
by Washington State Patrol policy 6.14 regarding towing of a
vehicle. The City's tow rotation is managed by Valley
Communications. The police department is requesting more cars to
be towed than in previous years due to the new AFIS technology
that helps identify stolen vehicles.
E. Potential City Projects for University of Washington Livable City
Year Program (15 Minute Presentation/10 Minute Q&A) (Snyder )
Discussion of the potential City projects for University of Washington
Livable City Year Program.
Planner Leonard presented Council with a program from the
University of Washington regarding Climate and Sustainability
Leadership. She explained this is one possible program the City
could partner with the University of Washington for the livable City
program. She explained there are various projects for the program
that the University is currently reviewing.
F. Council Strategic Goal 2
Director Haugan presented Council with a progress update on
Council Strategic Goal No. 2 - Achieving Digital Parity. Staff has
requested funds to hire a consultant to help explore establishing an
internet utility. Staff has made progress in leveraging public
technology infrastructure to provide wireless internet to the public.
The Auburn Municipal Airport is now connected to the City network
and fiber optics have been installed. The City is working with five
partners to discuss revenue streams and infrastructure expansion.
IV. EXECUTIVE SESSION
Page 3 of 4
CA.A Page 36 of 141
At 6:42 p.m., Deputy Mayor Wales recessed the meeting to executive
session for approximately fifteen minutes in order to discuss
pending/potential litigation. City Attorney Heid, Assistant City Attorney
Leister, Human Resources and Risk Management Director Roscoe, and
Director of Administration Hinman attended the executive
session. At 6:58 p.m., the executive session was extended an additional
five minutes. No action was anticipated following the executive session.
Deputy Mayor Wales reconvened the meeting at 7:07 p.m.
V. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 7:07 p.m.
APPROVED THIS _______ DAY OF ____________________, 2017.
_____________________________ __________________________
LARGO WALES, DEPUTY MAYOR Dani Daskam, City Clerk
Page 4 of 4
CA.A Page 37 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 16, 2017 Regular City Council
Meeting
Date:
October 31, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:November 6, 2017 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 38 of 141
Page 1
CITY COUNCIL
MEETING MINUTES
October 16, 2017 7:00 PM
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street, and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob
Baggett, Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-
Manuel, and Rich Wagner.
Mayor Nancy Backus and the following department directors and
staff members were present: Finance Director Shelley Coleman,
City Attorney Daniel B. Heid, Police Commander Mike Hirman,
Innovation and Technology Director Paul Haugan, Assistant
Director of Engineering Services/City Engineer Ingrid Gaub,
Assistant Director of Community Development Services Jeff Tate,
Director of Administration Dana Hinman, Community Development
and Public Works Director Kevin Snyder, Parks, Arts and
Recreation Director Daryl Faber, and City Clerk Danielle Daskam.
II. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
A. Proclamation for Soroptimist International of Auburn
Mayor Backus to proclaim October 17, 2017 as Soroptomist
International of Auburn’s 70th Year Anniversary
Mayor Backus read and presented a proclamation commemorating
the 70th anniversary of the Soroptomist International of Auburn.
Soroptomist members in attendance included: Judi Roland, Nancy
Colson, Cheryl Sallee, Janice Nelson, and Cheryl Workman
CA.B Page 39 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 2
B. Pierce Transit Update by Pierce Transit Commissioner Nancy
Henderson
Dr. Nancy Henderson, Vice Chair of the Pierce Transit Board of
Commissioners and Steilacoom Town Councilmember, updated
the Council on the activities of Pierce Transit. Pierce Transit
includes 13 towns and cities within Pierce County.
According to 2016 data, Pierce Transit has 37 local routes, 178
buses, 8.6 million boardings, shuttle transit and van pools. Route
497, a feeder route to the Sounder Station, serves an average of
300 weekly boardings. Dr. Henderson spoke about regional
connections with Metro, Sound Transit, and Kitsap Transit. Dr.
Henderson reviewed transit funding from local sales tax (77%),
fares (13%), grants and other/advertising. Dr. Henderson stated
the financial outlook for Pierce Transit is on the upswing, and
increased revenue is being used to increase service hours. Pierce
Transit recently completed a comprehensive route analysis, which
resulted in a restructuring of the service network and 35,000
service hours were added. Dr. Henderson also spoke about transit
safety including Pierce Transit’s dedicated police force, installation
of cameras on buses, and a pilot project for collision avoidance
technology. Dr. Henderson also spoke about public/private
partnerships and Pierce Transit’s major initiatives.
Councilmember Wagner questioned Pierce Transit’s fare recovery
level of 13 percent. Dr. Henderson agreed it is a typical recovery
level, but Pierce Transit would like to see the rate at 18 percent.
In response to a question from Councilmember Peloza, Dr.
Henderson stated the operational cost for a fixed route is
approximately $6.00 per trip while the shuttle is $55.00 per trip.
The fare box recovery is 13 percent.
C. Pierce County Prosecuting Attorney Update
Pierce County Prosecutor Mark Lindquist provided a brief update to
the City Council on public safety.
Pierce County Prosecutor Mark Lindquist provided an update on
three public safety initiatives: high priority offender program, elder
abuse team, and the gang unit.
The HPO (high priority offender program) is a data driven program
whereby prosecutors use data and technology to identify the worst
CA.B Page 40 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 3
offenders. Pierce County is the first entity on the west coast of the
United States to implement the HPO program.
The Pierce County elder abuse team was formed to protect elders
and vigorously prosecute those who take advantage of vulnerable
adults.
Pierce County Prosecutor Lindquist spoke about Pierce County’s
gang unit and efforts to prosecute members of violent street gangs.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
Additional information regarding Resolution No. 5322 was distributed prior
to the meeting.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue. Those wishing to speak are
reminded to sign in on the form provided
Jeff Oliphant, PO Box 1294, Auburn
Mr. Oliphant spoke regarding Resolution No. 5322. Mr. Oliphant
urged the Council adopt Resolution No. 5322 with a
recommendation for Site 1 as the preferred site for the Sound
Transit parking garage. He stated Site 1 has the greatest flexibility
and lowest cost. He also stated Site 1 is the only site that has the
ability to be constructed larger than the Sound Transit mandate.
Bob Zimmerman, 33029 46th Place South, Auburn
Mr. Zimmerman spoke about his neighbor who built a wall in 2010,
which he believes was not built to code. Mr. Zimmerman
contended the City is not enforcing the code standards.
Virginia Haugen 2503 R Street SE, Auburn
Ms. Haugen spoke about the road work on R Street SE, which at
times, prevents northbound access to her property. She stated
she is upset that she and her neighbors were not notified of the
CA.B Page 41 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 4
closure. Ms. Haugen also stated she has a truckload of old
campaign signs she has picked up as trash.
Mayor Backus stated that staff members left three message for Ms.
Haugen about the intermittent closure of R Street SE. Prior notice
of the intermittent closures was provided to residents.
Councilmember Holman moved and Councilmember Trout-Manuel
seconded to allow Jeff Oliphant to speak a second time during
audience participation. MOTION CARRIED UNANIMOUSLY. 7-0
Jeff Oliphant
Mr. Oliphant spoke regarding Resolution No. 5314, setting the date
for a hearing on the intent to update and modify the provisions
governing the Auburn Business Improvement Area. Mr. Oliphant
spoke about the value of parking in the downtown area and the
means to fund additional parking to serve the downtown area.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Councilmember Baggett, chair of the Finance ad hoc committee that
reviews claims and payroll vouchers, reported he and Councilmember
Wagner reviewed the payroll vouchers and electronic deposits in the
approximate amount of $2.1 million and claims vouchers and wire
transfers in the amount of approximately $7.5 million for the periods
September 28, 2017 to October 11, 2017 and October 16, 2017,
respectively. The ad hoc committee recommends approval of the claims
and payroll vouchers as described on the Consent Agenda.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes of the October 2, 2017 Regular Meeting
B. Minutes of the June 13, 2016 and March 13, 2017 Study
Sessions
C. Claims Vouchers
Claims voucher numbers 446017 through 446222 in the amount
of $7,060,417.47 and one wire transfer in the amount
of $445,040.68 and dated October 16, 2017.
CA.B Page 42 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 5
D. Payroll Vouchers
Payroll check numbers 537545 through 537564 in the amount of
$235,812.26 and electronic deposit transmissions in the amount of
$1,909,901.87 for a grand total of $2,145,714.13 for the period
covering September 28, 2017, to October 11, 2017.
E. Public Works Project No. CP1502
City Council award Contract No. 17-20 to Road Construction
Northwest, Inc. on their low bid of $656,280.00 for Project No.
CP1502, “A” Street SE and 37th Street SE Traffic Signal
Deputy Mayor Wales moved and Councilmember Baggett
seconded to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
A. Resolution No. 5314
A Resolution of the City Council of the City of Auburn, Washington,
stating its intent to update and modify the provisions governing the
Auburn Business Improvement Area, including the exemptions to
the special assessment and setting a public hearing therefor
Deputy Mayor Wales moved and Councilmember Holman
seconded to adopt Resolution No. 5314.
Councilmember Wagner requested that all referenced resolutions
and ordinances be included in November 6, 2017 agenda packet.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. NEW BUSINESS
Councilmember Holman reported the Sound Cities Association Public
Issues Committee brought forward their proposed legislative agenda for
2018, which needs to be discussed by the City Council at the next study
session.
Mayor Backus reported she sent an email to Councilmembers earlier
today requesting Councilmembers forward their comments regarding the
City’s 2018 legislative agenda to her for inclusion in the next study session
agenda packet.
CA.B Page 43 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 6
X. ORDINANCES
A. Ordinance No. 6660
An Ordinance of the City Council of the City of Auburn,
Washington, approving an area wide rezone for properties zoned
Environmental Park to Light Industrial
Councilmember Holman moved and Councilmember DaCorsi
seconded to adopt Ordinance No. 6660.
Councilmember Holman stated the ordinance rezones the
Environmental Park Zone to M1 to be consistent with the
Comprehensive Plan.
Councilmember Wagner stated he is disappointed the City is
moving away from the green zone concept brought forward by
previous Council. Councilmember Wagner stated incentives were
never developed for the zone. He stated he is agreeable to
rezoning the Environmental Park Zone located south of West Main
Street, but not the zone on the north side of Main Street.
Mayor Backus recalled that during discussion of the rezone at the
last Council study session, Council was agreeable to the rezone in
order to reconcile the zoning to the Comprehensive Plan
designation and eliminate any inconsistency between the zoning
map and the Comprehensive Plan. Additionally, Council discussed
revisiting the Environmental Park Zone next year during the
Comprehensive Plan update.
Deputy Mayor Wales recommended a study session to discuss
incentives, or have the Planning Commission take the lead, to look
at other areas for incentives that would have a larger and quicker
return.
Councilmember Wagner stated downtown has already benefited
from downtown investments and incentives.
Councilmember Holman applauded prior Councils’ vision for the
creation of the Environmental Park Zone. He noted that in the ten
years of the zone’s existence nothing has come of it.
Councilmember Holman stated his greatest concern is that the
Comprehensive Plan and zoning map are inconsistent at this time.
CA.B Page 44 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 7
Councilmember DaCorsi agreed with Councilmember Holman’s
comments and suggested Council review incentives city-wide in the
future.
Councilmember Peloza recommended Council move forward and
adopt Ordinance No. 6660 and revisit the issue of incentives later.
Councilmember Wagner moved to insert the following verbiage to
Ordinance No. 6660:
“The Council directs the Mayor to prioritize evaluation of the area of
the former Environmental Park (EP) Zone north of West Main
Street with heavy emphasis on incentives.
Motion was seconded by Councilmember Peloza.
Councilmember Wagner noted there is no time limit associated with
the directive.
MOTION TO AMEND CARRIED UNANIMOUSLY. 7-0
MOTION TO ADOPT ORDINANCE NO. 6660, AS AMENDED,
CARRIED UNANIMOUSLY. 7-0
XI. RESOLUTIONS
A. Resolution No. 5321
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an Interlocal Agreement with King
County Metro for constructing reinforced sidewalk section for bus
stop shelters along Auburn Way South as part of Auburn Way
South Corridor Safety Improvements, Muckleshoot Plaza to
Dogwood St SE
Deputy Mayor Wales moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5321.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5322
A Resolution of the City Council of the City of Auburn, Washington,
recommending to the Sound Transit Board of Directors its preferred
parking garage site in downtown Auburn for the Auburn Station
Access Improvement Project and encouraging Sound Transit's
CA.B Page 45 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 8
serious consideration of unsolicited proposals for the construction
of said site
Deputy Mayor Wales moved to adopt Resolution No. 5322
identifying Site 1 as the preferred location. Councilmember
DaCorsi seconded the motion.
Councilmember DaCorsi stated he is not in favor of spending
additional costs and expressed concern with traffic impacts. He
stated he is in favor of Site 1.
Councilmember Peloza moved to amend the Resolution to add the
following paragraph to the recitals:
“WHEREAS, the City Council includes the following condition on
this recommendation: (1) A comprehensive traffic study must be
completed, (2) proposed congestion and safety mitigation
measures must be identified and (3) the costs of those mitigation
measures must be professionally estimated, to a +/- 20% level of
accuracy, for both Site 1 (former Mel’s Hardware location) and Site
2 (current Agrishop Ace Hardware location), the results of which
will become a key consideration in the site selection; and”
The motion was seconded by Councilmember Wagner.
Councilmember Peloza spoke in favor of the amendment. He
stated no traffic mitigation study has been performed for either site.
Deputy Mayor Wales spoke regarding a vision for the future and
suggested a partnership for possibly more parking spaces.
Councilmember Baggett agreed with the proposed amendment.
Councilmember Holman spoke in favor of the amendment and
expressed concern with traffic impact in the vicinity of the hospital
emergency entrance.
Deputy Mayor Wales stated she realizes that traffic data is needed
for a backup site, but she does not want to provide Sound Transit
with the backup.
Councilmember DaCorsi stated a parking garage anywhere in the
downtown will be impactful. He suggested a traffic congestion
study for the downtown core.
CA.B Page 46 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 9
Deputy Mayor Wales agreed with Councilmember DaCorsi’s
suggestion for a traffic study for the entire downtown.
Councilmember Trout-Manuel agreed with Councilmember
DaCorsi’s comments.
Councilmember Wagner moved to amend the amendment to
include the following language and to read in part: “(1) A
comprehensive traffic study must be completed in cooperation with
city technical transportation staff,M”
Councilmember Holman seconded the motion.
Director Snyder stated that Sound Transit’s next steps require that
they undertake a comprehensive traffic study, and the City would
be significantly involved in both setting the scope for the traffic
study and working directly with Sound Transit as they prepare the
information and in the review process.
Director Snyder explained that once the Sound Transit Board
selects a site, Sound Transit will pay for the cost of the traffic study
for the selected site. The City would be expected to pay and
undertake a traffic study for a second alternative site.
Councilmember DaCorsi suggested striking Site 2 from the
amendment.
Upon further discussion, Councilmember Wagner retracted his
motion to amend the amendment (amendment number 2).
Councilmember Holman concurred.
Councilmember DaCorsi moved and Councilmember Wagner
seconded to amend the amendment to read:
“WHEREAS, the City Council includes the following condition on
this recommendation: 1) a comprehensive traffic study must be
completed in cooperation with Auburn technical staff; 2) proposed
congestion and safety mitigation measures must be identified; and
3) the costs of these mitigation measures must be professionally
estimated to a +/- 20% level of accuracy for both Site One (former
Mel’s Hardware location), and Site 2 (current Agrishop Ace
Hardware location), upon completion and analyses of traffic
studies, the City Council reserves the right to request additional
CA.B Page 47 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 10
studies, the results of which will become a key consideration in the
site selection.”
MOTION CARRIED UNANIMOUSLY. 7-0
MOTION ON THE AMENDMENT, AS AMENDED, CARRIED
UNANIMOUSLY. 7-0
MOTION TO ADOPT RESOLUTION NO. 5322, AS AMENDED,
CARRIED UNANIMOUSLY. 7-0
XII. MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Councilmember Peloza reported on discussions at the Regional
Policy Committee meeting relating to the veterans, seniors, and
vulnerable populations levy that is on the ballot for the November
7th election.
Councilmember Baggett reported on the Emergency Management
Advisory Committee meeting where discussion was centered
around dam safety. Councilmember Baggett reminded this coming
Thursday the City will be participating in the 2017 Great Shake Out
earthquake drill.
Councilmember Holman reported on his attendance at the Puget
Sound Regional Council Growth Management Policy Committee
meeting where the Committee reviewed the draft of the Centers
framework resolution. Councilmember Holman also reported on
his attendance at the Sound Cities Association Public Issues
Committee where the proposed 2018 Legislative Agenda was
discussed. Councilmember Holman also reported on his
attendance at the Puget Sound Regional Council’s project selection
task force.
Councilmember Wagner reported on his attendance at a meeting
of the Puget Sound Regional Council Transportation Policy Board
meeting where discussion focused on the Transportation 2020
Update.
Councilmember DaCorsi reported on his attendance at the King
County Regional Transit Committee meeting where action was
taken on three proposed ordinances: 1) relating to elimination of
CA.B Page 48 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 11
the zone and peak fare differential pricing and replacement with a
flat adult fare of $2.75 and increase the cap on the Human
Services Ticket Program and a reduction in the cost of the Orca
card; 2) an ordinance to increase the total discount subsidy for
transit tickets for the Human Services Ticket Program, and 3) an
ordinance that would allow the fee for the Regional Reduced Fare
Permit (RRFP) for seniors and people with disabilities to be no
more than $3. Councilmember DaCorsi also reported on his
attendance at the Association of Washington Cities Board of
Directors meeting where the key discussion was centered on 2018
legislative priorities.
B. From the Mayor
Mayor Backus reported on her attendance at a Town Hall meeting
at Green River College with Governor Inslee on environment and
climate issues. Mayor Backus also reported on a meeting with the
Transportation for America group. Mayor Backus reminded
Council that she requested Council’s input for membership on
Sound Cities Association committees.
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 9:14 p.m.
APPROVED THE ______ DAY OF NOVEMBER, 2017.
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
City Council agendas and minutes are available to the public at the City Clerk’s
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk’s Office.
Internet: http://www.auburnwa.gov
CA.B Page 49 of 141
City of Auburn Council Meeting Minutes October 16, 2017
Page 12
CA.B Page 50 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
November 1, 2017
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve Claims Vouchers.
Background Summary:
Claims vouchers 446223 through 446443 in the amount of $1,905,669.29 and eight
wire transfers in the amount of $691,615.12 and dated November 6, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:November 6, 2017 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 51 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
November 1, 2017
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537565 through 537586 in the amount of $432,492.71,
electronic deposit transmissions in the amount of $1,806,549.00 for a grand total of
$2,239,041.71 for the period covering October 12, 2017 to November 1, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:November 6, 2017 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 52 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Call for Public Hearing - 2018 Property Tax Levy Public
Hearing
Date:
November 1, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to call for a public hearing to receive public comments and suggestions
with regard to possible increases in property taxes.
Background Summary:
This public hearing provides an opportunity for any citizens to make comments or
suggestions regarding revenue estimates and possible increases in property taxes.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:November 6, 2017 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 53 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Call for Public Hearings - Mid-Biennial Review and
Modification of the 2017-2018 Biennial Budget
Date:
November 1, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to call for public hearings to be held November 20 and December 4, 2017
to receive public comments and suggestions with regard to the proposed
modifications to the 2017-2018 Biennial Budget, including revenue estimates and
possible increases in property taxes.
Background Summary:
This is the initial public hearing held prior to the review of the 2017-2018 mid-biennial
budget correction. This provides an opportunity for any citizens to make comments or
suggestions prior to publication of the mid-biennial correction. Another public hearing
will be held on December 4, 2017, after publication of the mid-biennial budget
correction and prior to its adoption.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:November 6, 2017 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 54 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1406
Date:
October 25, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$139,633.00
Administrative Recommendation:
City Council award Contract No. 17-28 to West Coast Signal, Inc. on their low bid of
$448,492.50 for Project No. CP1406, Main Street Signal Upgrades project.
Background Summary:
This Contract provides for reconstruction of the existing traffic signal system at the C
Street NW and W Main Street intersection. The new traffic signal will provide
protected left-turn phasing for C Street and additional safety related to the railroad
pre-emption. The project also includes street lighting improvements, new sidewalk
ramps, and Intelligent Transportation System (ITS) upgrades.
The City received 6 responsive bids and the low bid was approximately 2% below the
engineer’s estimate. Staff has performed reference checks and other verifications to
determine that West Coast Signal, Inc. meets the responsible bidding criteria and
recommends award.
Construction is anticipated to begin in February 2017, due to time required for
procurement of signal poles, and is expected to last approximately 2 months.
Budget considerations:
Although the bids were lower than the engineer’s estimate, a budget adjustment of
$139,633.00 will be required to fund the project. The needed funds will be covered
through traffic mitigation fees and available 102 fund monies and accounted for in an
upcoming budget amendment.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 55 of 141
Meeting Date:November 6, 2017 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 56 of 141
Project No: CP1406 Project Title:
Project Manager: Kevin Thompson
Update for 100% PS&E
Initiation Date: __3/20/14_______ Permision to Advertise
Advertisement Date: __9/26/17______ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2017 2018 Future Years Total
102 Fund - Unrestricted 0 320,000 0 320,000
124 Fund - Traffic Mitigation Fees 26,856 91,291 58,710 0 176,856
Total 26,856 91,291 378,710 0 496,856
Activity Prior Years 2017 2018 Future Years Total
Design Engineering - City Costs 26,856 24,198 0 0 51,054
Design Engineering - Consultant Costs 67,093 0 0 67,093
Construction Contract Bid 0 448,493 0 448,493
Authorized Construction Contingency (10%)0 44,849 0 44,849
Construction Engineering - Consultant 0 10,000 0 10,000
Construction Engineering - City Costs 0 15,000 0 15,000
Total 26,856 91,291 518,342 0 636,489
Prior Years 2017 2018 Future Years Total
*102/124 Funds Budgeted ( )(26,856)(91,291)(378,710)0 (496,856)
102/124 Funds Needed 26,856 91,291 518,342 0 636,489
*102/124 Fund Project Contingency ( )0 0 0 0 0
102/124 Funds Required 0 0 139,633 0 139,633
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Main Street Signal Upgrades
Date: October 24, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
102/124 Arterial Street Budget Status
H:\PROJ\CP1406-Main Street Signal Upgrades\4.00 City Council-Committee\Award\Budget Status Sheet.xls1 of 1CA.G Page 57 of 141
CA.GPage 58 of 141
CA.G Page 59 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1417
Date:
October 30, 2017
Department:
CD & PW
Attachments:
Final Pay Estimate
Vicinity Map
CP1417 Budget Status Sheet
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 5 to Contract No. 16-04 to R.L. Alia in
the amount of $10,883.00 and accept construction of Project No. CP1417, West Hill
Springs Improvements Project.
Background Summary:
The purpose of this project was to improve the City’s West Hill Springs Facility and
bring it to City standards for source reliability, water quality, and system
control/monitoring per recommendations resulting from the sanitary survey conducted
by the Department of Health in September 2012 and from the City's 2009
Comprehensive Water System Plan. Major project improvements included the
installation of a City provided flow meter and vault, installation of an automatic
shutdown/control valve and piping, chlorine analyzer, SCADA system upgrades, and
site restoration.
The final contract amount is within the authorized contingency for the project and a
project budget contingency of $110,473.00 remains in the 460 Water Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:November 6, 2017 Item Number:CA.H
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 60 of 141
CA.H Page 61 of 141
CA.H Page 62 of 141
CA.H Page 63 of 141
Legend
1:5,702
West Hill Springs-Project Site
Add additional notes here- delete text to
leave blank
Notes
950.3475.13950.3 0 Feet
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
Imagery Date: May 2015
10/20/2017Printed Date:
1 in =475.13 ft
COA Water Springs
CA.H Page 64 of 141
Project No: CP1417 Project Title:
Project Manager: Luis Barba
Project Update
Initiation Date: 11/10/2014 Permission to Advertise
Advertisement Date: ___11/17/2016____ Carry Forward
Award Date: ____12/19/2016_______ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2014 (Actual) 2015 (Actual)
2016 (Actual) 2017 Total
460 Fund - Water Repair and Replacements 511 8,096 112,740 483,653 605,000
Total 511 8,096 112,740 483,653 605,000
Activity Prior Years 2014 (Actual) 2015 (Actual)
2016 (Actual) 2017 Total
Design Engineering - City Costs 511 8,096 20,729 29,336
Design Engineering - Consultant Costs 86,755 86,755
Other/Misc-Water 2,653 2,653
Permits 1,056 1,056
Construction Contract Bid 289,643 289,643
Line Item Changes 34,159 34,159
Construction Engineering - Consultant Costs 11,002 11,002
Construction Engineering - City Costs 1,547 38,000 39,547
Construction Engineering - Other 376 376
Total 511 8,096 112,740 373,180 494,527
Prior Years 2014 (Actual) 2015 (Actual)
2016 (Actual) 2017 Total
*460 Funds Budgeted ( )(511) (8,096) (112,740) (483,653) (605,000)
460 Funds Needed 511 8,096 112,740 373,180 494,527
*460 Fund Project Contingency ( )0 0 (0) (110,473) (110,473)
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
460 Water Budget Status
BUDGET STATUS SHEET
West Hill Springs Improvements
Date: October 19, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1417 -West Hill Springs Improvements\3.00 Project Management\3.20 Budget\CP1417 West Hills Springs
BudgetStatusSheet.xlsxCA.H Page 65 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1511
Date:
October 25, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Final Pay Estimate No. 3
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 3 to Contract No. 17-12 in the amount of
$488,335.14 and accept construction of Project No. CP1511, M Street SE
Improvements.
Background Summary:
The M Street SE Improvements (3rd Street SE to East Main Street) project
constructed roadway and utility improvements on M Street SE from 3rd Street SE to
East Main Street. Project improvements included new asphalt concrete pavement,
cement concrete sidewalks and curb and gutter, installation of new storm drainage
and sanitary sewer pipes, new water services, and ITS improvements.
A project budget contingency of $245,831.00 remains in the 462 Storm Fund.
A project budget contingency of $265,923.00 remains in the 460 Water Fund.
A project budget contingency of $159,513.00 remains in the 461 Sewer Fund.
A project budget contingency of $101,792.00 remains in the 102/105 Traffic Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:November 6, 2017 Item Number:CA.I
AUBURN * MORE THAN YOU IMAGINEDCA.I Page 66 of 141
AUBURN * MORE THAN YOU IMAGINEDCA.I Page 67 of 141
Project Manager: K. Thompson
Project Update
Advertisement
Advertisement Date: April 20, 2017 Contract Award
Award Date: May 15, 2017 Change Order Approval
Contract Final Acceptance
Funding 2015 (Actual) 2016 (Actual) 2017 Total
462 Storm Fund 38,312 7,899 618,441 664,652
460 Water Fund 3,046 8,819 469,135 481,000
461 Sewer Fund 3,283 13,136 399,764 416,183
102/105 Traffic Fund 1,877 18,250 511,750 531,877
Total 46,518 48,104 1,999,090 2,093,712
Activity 2015 (Actual) 2016 (Actual) 2017 Total
Design Engineering - City Costs 46,518 48,104 134,239 228,861
Construction Contract Bid 1,583,398 1,583,398
Line Item Changes (357,366) (357,366)
Construction Consultant - Testing 5,055 5,055
Construction Engineering - City Costs 73,410 73,410
Total 46,518 48,104 1,438,736 1,533,358
2015 (Actual)2016 (Actual) 2017 Total
*462 Funds Budgeted ( )(38,312) (7,899) (618,441) (664,652)
462 Funds Needed 38,312 7,899 372,610 418,821
*462 Fund Project Contingency ( )0 0 (245,831) (245,831)
462 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
2015 (Actual) 2016 (Actual) 2017 Total
*460 Funds Budgeted ( )(3,046) (8,819) (469,135) (481,000)
460 Funds Needed 3,046 8,819 203,212 215,077
*460 Fund Project Contingency ( )0 0 (265,923) (265,923)
460 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
2015 (Actual) 2016 (Actual) 2017 Total
*461 Funds Budgeted ( )(3,283) (13,136) (399,764) (416,183)
461 Funds Needed 3,283 13,136 240,251 256,670
*461 Fund Project Contingency ( )0 0 (159,513) (159,513)
461 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
2015 (Actual) 2016 (Actual) 2017 Total
*102/105 Funds Budgeted ( ) (1,877) (18,250) (511,750)(531,877)
102/105 Funds Needed 1,877 18,250 409,958 430,085
*102/105 Fund Project Contingency ( )0 0 (101,792) (101,792)
102/105 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Project No: CP1511 Project Title: M Street SE Improvements (3rd St SE to East Main St)
Date: October 24, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
461 Sewer Budget Status
102/105 Traffic Budget Status
Estimated Cost (Funds Needed)
462 Storm Budget Status
460 Water Budget Status
H:\PROJ\CP1511-M Street SE Storm 3rd St to E Main\4.00 City Council-Committee\Final PE\CP1511_BudgetStatusSheet.xls 1 of 1
CA.I Page 68 of 141
CA.I Page 69 of 141
CA.IPage 70 of 141
CA.IPage 71 of 141
CA.IPage 72 of 141
CA.IPage 73 of 141
CA.IPage 74 of 141
CA.IPage 75 of 141
0.5
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Miles0.50.30
CP1511 - M Street SE Improvements 5/6/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
CA.I Page 76 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6658
Date:
October 12, 2017
Department:
Administration
Attachments:
Ordinance No. 6658
ORD 4293
Ordinance No. 6097
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6658.
Background Summary:
In 1988 the City Council established a Business Improvement Area (BIA) for
downtown Auburn. The purpose of the BIA is to generate economic activity by, among
other things, providing security for public spaces and sponsoring public events in the
downtown area. To accomplish these purposes, a special assessment is levied
against businesses in the BIA. The 1988 Ordinance also created exemptions from the
special assessments. Since that time, the Ordinance and its exemptions, have
become outdated; resulting in years of inactivity. Recently, business owners in the
downtown area have begun efforts to revitalize the BIA. To that end, modifications of
the provisions of the BIA are needed. The BIA Committee of Rate Payers has
recommended the City Council adopt Ordinance No. 6658 to address needed
modifications. The proposed Ordinance No. 6658 would create a Chapter within the
City Code for the BIA and modify the exemptions to the BIA special assessment.
Revised Code of Washington 35.87A.140 requires a public hearing for any
modification.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:November 6, 2017 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 77 of 141
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 78 of 141
ORDINANCE NO. 6 6 5 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, CREATING A
NEW CHAPTER OF THE AUBURN CITY CODE
RELATED TO THE AUBURN BUSINESS
IMPROVEMENT AREA
WHEREAS, the Aubum City Council adopted Ordinance No. 4293 in 1988,
after publishing notice of the Counc'il's intent in Resolution 1866 and holding a
public hearing on July 5, 1988; and
WHEREAS, Ordinance No. 4293 esfablished a Business Improvement
Area (BIA), and levied special assessments o.n certain businesses within the
geographic boundary of the BIA; and
WHEREAS, Ordinance No. 4293 established a Committee of Rate Payers,
made up of representatives of businesses within the geographic boundary of the
BIA, for the purpose of developing recommendations to 4he City Council for the
use of funds generated by 4he special assessment; and
WHEREAS, the City Council modified Ordinance No. 4293 in 2007, upon
the recommendation of the Committee of Rate Payers, through Ordinance No.
6097, to make the rate of special assessment uniform amongst all assessed
businesses; and
WHEREAS, the Committee of Rate Payers has reviewed the status of the
BIA and recommended certain modifications to better facilitate economic
development within downtown Auburn, including the modification of exis4ing
exemptions to the special assessments levied within the geographic boundary of
the BIA; and
Ordinance No.
6658u
October 30, 2017
Page 1 of 8ORD.A Page 79 of 141
WHEREAS, the City adopted Resolution No. 5314, stating its intention to
modify the BIA special assessment rate on October 16, 2017 and
WHEREAS, the City has held a duly noticed public hearing, pursuant to
RCW 35.87A:140, and considered the testimony provitled therein; and
WHEREAS, fhe provisions for otherboards and commissions of the City qf
Aubum have bee.n established within the Auburn City Code; and
WHEREAS, establishing proviSions within fhe Aubum City Code for the BIA,
including 4he structure and respo.nsibilities of the Committee of Rate Payers and
the rate and application of special assessmenfs, will ensure that all applicable law
can be found wi4hin a single place, a Chapter of the City Code, instead of spread
across mul#iple Ordinances in multiple decades; and
WHEREAS, the City finds that updating the provisions of the BIA, including
mod cation of the exemptions to the special assessment rate, ancl establishing
said updates within the Aubum City Code will promote the public he.alth, safety,
and welfare of the residents of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6658 ^
October 30, 2017
Page 2 of 8ORD.A Page 80 of 141
Section 1. New Chapter to Citv Code.That a new Chapter 2.98
of the Aubum City Code is created to read as follows:
CHAPTER 2.98
AUBURN BUSINESS IMPROVEMENT AREA
Sections:
2.98.010 Business Improvement Area Created.
2.98.020 Special Assessment of Businesses Within BIA
Boundary.
2.98.030 Purpose of BIA.and Special Assessment Expenditures.
2.98.040 Committee of Rate Payers created.
2.98.050 Membership.
2.98.060 Appointment.
2.98.070 Officers— Meetings.
2.98.080 Compensation.
2.98.090 Role and Responsibilities of the Committee.
2.98.100 Annual reports of progress.
2.98.010 Business Improvement Area.Created.
A. There is created, pursuant to RCW 35.87A, a Parking and
Business Improvement Area (BIA) is hereby created with a boundary as
follows:
Beginning at the intersection of Aubum Way North and 5th Street
NE; tfience eastward along the alley lying between and paralleling 6th
Street NE and Park AV, for a distance of 200 feet from the centerline of
Auburn Way North; thence south, paralleling Auburn Way North and aY a
distance of 200 feet from the centerline of Auburn Way North, to 1 st Street
NE; thence eastward along 1st Street NE to "E" Street NE; thence
southward along "E" Stree.t NE to East Main Street; thence eastiNard along
Main Stre.et to "F" StreetSE; thence south-ward along "F" Street SE to 2nd
Street SE; thence westward along 2nd Street SE to the mid-blo.ck point
between "D" Street SE and Auburn Way South; thence southward to the
Burlington Northem Railroad tracks; thence westward along the Burlington
Northem Railroad tracks to "A" Street SE; thence northward along "A"
Street SE to 3rd Street SE; thence westward along 3rd Street SE and SW
to the Bu lington Northern Railroad tracks; thence northward along the
Burlington Northem Rail road tracks to 1st Street SW projected; thence
westward al.o.ng 1st Street SW to ''D" Street SW; thence northward along
D"Street SW and NW for a distance of 200 feet from the centerline of West
Main Street; thence eastward, paralleling Main Street and at a distance of
200 feet from the centerline of West Main Street, to the Burlington Northem
Railroad tracks; fhence northward along the Burlington Northern Railroad
tracks to 3rd Street NW; thence eastward along 3rd Street NW and NE to
B" Street NE; thence northward along "B" Street NE for a distance of200
Ordinance No. 6658
October 3Q 2017
Page 3 of 8ORD.A Page 81 of 141
feet from the centerline of 3rd Street NE; thence eastward, paralleling 3rd
Street NE and at a distance ofi200 feet from the centerline of 3[d Street NE;
to the alley running in a north/south direction and lying east of"B" Street NE
and west of Auburn AV; thence northward along the alley to 5th Street NE;
thence eastward aiong 5fh Street NE to Auburn Way North, which is the
beginning poinf (when a street or alley is named, the area boundary is the
centerline of the right-of-way).
B. Businesses within the Auburn Central Business District
Parking and Business ImproVement Area shall be subject to special
assessments aufhorized by RCW 35.87A.010.
2.98.020 Special Assessment of Businesses Within BIA Boundary.
A. To finance the activities authorized in ACC 2.98.030, there is
levied and shall be collected an annual special assessment upon the
businesses in the area, determined as follows:
1. All businesses operating within the BIA boundary shall pay a
special assessment equal to the usable square footage, excluding any
basement space, owned or occupied by said business multiplied by a factor
of$0:15.
2.No business shall be assessed less than $150.00 nor more
than $1,500.00 per year.
B. No special assessments shall be levied upon or collectetl
from:
1. Organizations to which a charitable contribution may be made
under the United States Internal Revenue Code, 26 U.S.C.§ 17Q with five
5) or fewer full-4ime employees.
2. Governmental agencies and offices.
3. Businesses that occupy or use any leasable area within the
geographic boundary of the BIA for a period of less fhan twenty days (20)
per year.
4. Business.es that are owned by, orare a subsidiary, or affiliate
of another business entity that is subject to the special assessment, and are
located wholly within the assessed business.
5. Businesses authorized by Auburn City Code Chapter 18,6U.
6.Busine.s.s.es operating within a city-sponsored business
incubator or business accelerator.
7.Businesses not required to obtain a business license under
Title 5 of the Auburn City Code..
C. Special assessments for businesses that own, but do not
occupy, any leasable area shall be reduced Liy a pro-rata amount based on
the square footage leased tiy any 6ther assessed business.
D. New businesses commencing within the BIA area shall pay
an initial annual assessment thaY is pro-rated based on the time remaining
in the year.
Ordinance No. 6658
October 30, 2017
Page 4 of 8ORD.A Page 82 of 141
2,98.030 Purpose of BIA and SpecialAssessment Expenditures.
A. The purpose o.f the BIA is to aid in general economic
development and neighborhood revitalization within the BIA boundary, and
to facilitate the cooperation of inerchants, businesses, and residentiai
property owners for the benefit of trade, economic vitality, and IiVeability.
B. Assessment expenditures are limited to the following
purposes:
1. The acquisition, constFuction or maintenance of parking
facilities for the benefd of the neighborhood wi4hin 4he BIA boundary;
2. Decoration of any place wi4hin the BIA b.oundary;
3. Sponsorship or promotion of public eve.nts which are to take
place on, orin, public places within the BIA boundary;
4. Furnishing of music in any public place within the BIA
boundary;
5. Providing professional management, planning, and promotion
for the neighborhood within the BIA boundary;
6. Froviding maintenance and security for common, public
spa.ces within the BIA boundary; or
7. Providing t anspbrtation services for the benefit of the
neighborhood within the BIA boundary.
2.98.040 Committee of Rate Payers created.
There is created an advisory committee to be known as the
Committee of Rate Payers (the Committee). The purpose of the Committee
is to serve in an advisory capacity to 4he City Gouncil.
2.98.0$0 Membership.
A. There shall be not more than seven (7) members of the
Committee who shall be appointed by the mayor and confirmed by the city
council, and who shall serve at the pleasure of the city council; provided.
that the mayor may appoint up to four (4) additional members to serve as
alternates in the event of a Committee member's absence.
B. The members shall be owners or operators of businesses
located within the BIA boundary and sHall be selected to repre.sent the
variety of business types and geographic locations included within the BIA
boundary.
2:98.060 Appointment.
A. Committee members shall be appointed to a three (3) year
term.
B. Upon the resignation ofia Committee member, removal by fhe
City Council, or expiration of a Committee members term, the Committee
shall make recommendations to the City Council and the City Council shall
make an appointment to fill the vacancy.
C. The Committee, upo.n four (4) unexcused absences, may
recommend the removal of`any Committee member to the City Council.
Ordinance No. 6658
October 30, 2017
Fage5of8ORD.A Page 83 of 141
2.98.070 Officers— Meetings.
A. At the first regular meeting of each year, the Committee
members shall elect a chairperson and vice-chairperson from among the
members of 4he Committee.
B. It shall be the duty of the chairperson to preside over all
meetings of the Committee. The vice-chairperson shall preside at all
meetings where the chairperson is absent.
C. Minutes shall be kept and meeting agendas prepared in
coordination between members of the Commi4tee and staff inembers. A
majority of the members ofithe Committee shall constitute a quorum for the
transaction of business, and a majority vote of those present shall be
necessary to make recommendations to the city council.
D. All Committee meetings shall be staffed by City of Aubum
personnel to support and assis4 the Committee.
E. All Committe.e m.eetings shall be conducted in accordance
with the Committee's adopted rules for the transaction of business, and
Robert's Rules of Order or any other meeting procedures or guidelines
authorized by the City of Aubum sHall be used for any subject noYaddressed
within the Committee's adopted rules of procedure.
2.98.080 Compensation.
The members of the Committee shall serve without compensafion
except for reasonable travel expenses associated with fhe performance of
the Committee member's dufies.
2..98.090 Role and Responsibilities of the Committee.
A. The Committee shall, by resolution, fix fhe time and place
within the City for regular meefings, and hold additional meetings as the
chairperson or a majority of the Committee deems necessary.
B. The Committee shall adopt rules for the transaction of
business and keep a record of its resolutions, transactions, findings, and
determinations. These records shall be public and open to inspection.
C. The Committee shall consider proposals for economic
development and neighborhood revitalization projects and programs
consistent with the purposes listed in 2.98.030, provide for public input and
submit comments in a 4imely manner to 4he Mayor and City Council,
including an analysis of the extent to which the Committee's
recommendations will improve economic development or downtown
revitalization.
2.98.100 Annual reports of progress.
The Committee chairperson and/or vice-chairperson shall annually
provide to the city council a report on progress made in carrying out the
Committee's responsibilitie.s. Additional reports may be submitted when
Ordinance No. 6658
October 30, 2017
Page 6 of 8ORD.A Page 84 of 141
deemed appropriate by the Committee or when requested by the city
council.
Section 2. Suaersedins of Oris inal Ordinance. Ordinance No. 4293
and Ordinance No. 6097 are here.by superseded by this Ordinance.
Section 3. Imalementation. The Mayor is hereby authorized to
implement such administrafive procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severabilitv. The provisions of this ordinance are
declared to be separate and seqerable. The invalid.ity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shap not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danie.11e E. Daskam, City Clerk
Ordinance No. 6658
October 30, 2017
Page 7 of 8ORD.A Page 85 of 141
APPI OVED S TO FORM;
i'
Daniel B. Heid, City ttorney
Pubiished:
Ordinance No. 6658
October 30, 2017
Page 8 of 8ORD.A Page 86 of 141
ORD.A Page 87 of 141
ORD.A Page 88 of 141
ORD.A Page 89 of 141
ORD.A Page 90 of 141
ORD.A Page 91 of 141
ORD.A Page 92 of 141
ORD.A Page 93 of 141
ORD.A Page 94 of 141
ORD.A Page 95 of 141
ORD.A Page 96 of 141
ORD.A Page 97 of 141
ORD.A Page 98 of 141
ORD.A Page 99 of 141
ORD.A Page 100 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5320
Date:
September 25, 2017
Department:
Parks/Art and Recreation
Attachments:
Resolution No. 5320
Annual Report
Budget Impact:
Administrative Recommendation:
City Council adopt Resolution No. 5320.
Background Summary:
The City of Auburn has supported the Auburn Symphony Orchestra for the past
several years to assist in promoting and marketing Auburn as a destination for arts
and events that in turn contribute to the economy. Performing art programs serve as
an economic driver and the activities of the Auburn Symphony Orchestra assists in
attracting visitors to Auburn. For 2018, it is proposed that the City enters into a
contract with the Auburn Symphony Orchestra with a specific scope of services for
marketing, outreach and audience building, and organization efforts that assist in
showcasing Auburn as a destination for arts and events.
Reviewed by Council Committees:
Councilmember: Staff:Faber
Meeting Date:November 6, 2017 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 101 of 141
RESOLUTION NO. 5 3 2 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE AUBURN SYMPHONY ORCHESTRA
FOR TOURISM PROMOTION SEFtVICE$
WHEREAS, the City is interested in promoting and marketing Auburn as a tourist
Destination; and
WMEREAS, there are activities located and occurring within fhe corporate
boundaries of the City the promotion of which would be beneficial to the City and to the
residenfs and businesses of the City; and
WHEREAS one s.ource of such activities is the Auburn Symphony Orchestra, the
Service Provider, herein; and
WHEREAS, a program of advertising for such events would help to insure the
success of such activities by informing people about them encouraging people to attend
and attracting tourists to the City; and
WHEREAS, in order to advertise the City, attract visitors, and encourage tourism
it would be advanfageous for the City to contract with the Service Provider for
promotional services in connection therewith.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN;
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an Agreement
between the City and the Aubum Symphony Orchestra for tourism promotion services,
which agreement shall be in substantial conformity with the agreement attached hereto
as Exhibit A and incorporated herein by this reference.
Resolution No 5320
October 17, 2017
Page 1 of 2RES.A Page 102 of 141
Section.2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of fhis legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP VED TO FORM•
niel B. Heid, City Attorney
Resolution No. 5320
Octolier 17, 2017
Page 2 of 2RES.A Page 103 of 141
CITY OF AUBURN and AUB.URN SYMPHONY ORCHESTRA
CONTRACT FOR SERVICES
THIS CONTRACT is made and entered into on the ___ day of -------�
2017, by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington, hereinafter referred to as the "City," and the A.UBURN SYMPHONY ORCHESTRA, a
not-for-profit corporation organized pursuant to 26 U.S.C. SOl (C){3), hereinafter referred to as
the "Service Provider" or "ASO," on the following terms and conditions.
1.SCOPE OF SERVICES BY SERVICE PROVIDER The Service Provider shall engage, enrich and
inspire our community through artistic.ally vibrant performances; will uphold the highest
artistic and professional standards; will present a broad range of repertoire; will serve a
wide a.nd di.verse audience; and wil.I provi de quality educational experiences for all ages.
Service Provider will provide classical music opportunities to area youth through reduced
ticket prices to concerts as well as outreach to Auburn area schools. Service Provider will
actively participate in community events and include City of Auburn logo in all applicable
promotional materials. Service Provider will comply with requirements listed in Attachment'A'.
2.TERM O_F CON.TRACT: The Term of t.h.i.s Contract. s.h.aU be from January 1, 2018, through
December 31, 2018.
3.COMPENSATION TO SERVICE PROVIDER:
a.The parties understand that the Service Provider operates on a fiscal year that runs
from July 1 through the following June 30, and that its concert sea·son is consistent
with its fiscal year. The City's fiscal year is from January 1 through the following
Dec.e.m.ber 31. The part.ies agree th.at the marketing services provided t_hroughout
the year are adequate consideration for the City to pay the Service Provider its full
consideration due for the calendar year by the end of June each year in order to
support the Service Provider's budget cycle.
b.The total contract is for $75,000.00 per calendar year. For 2018, the first payment of
$25,000.00 will be paid on January 31, 2018. The second payment of $25,000.00 wHI
be paid on Marc.h 30, 2018, The third payment of $25,000.00 wiU be paid on June 1,
2018.
c.Invoicing and Reports. The Service Provider will submit invoices and reports not later
than 30 calendar days before payment is due. For each reporting period, the Service
Provider will provide report outlining how the Service Provider met the performance
measures set forth in this Agreement.
4.NON-APPROPRIATION OF FUNDS: If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City will not be obligated to
2018 Auburn Symphony Orchestra Contract
October 23, 2017
Page 1 of6
EXHIBIT A
RES.A Page 104 of 141
make payments foY Services or amounts incurred after the end of the current fiscal period,
and this Agreement will terminate upon the completion of all remaining Services for which
funds are allocated. No penalty or expense shall accrue to the City in the event this
provision applies.
5. RECORDS INSPECTION AND AUDIT: All comp.ensation payments shall be subject to the
adjustments for any amounts found upon audit or otherwise to have been improperly
invoiced and all records and books of accounts pertaining to any work performed under this
Contract shall be subject to inspection and audit by the City for a period of up to three 3
years from the final payment for work performed under this Contract.
6. CONTRACT ADMINISTRATION: This Contract shall be administered by Aubum Symphony
Orchestre Manager Lee Valenta on behalf of the Service Provider and by Mayor or designee
on behalf of the City. Any written notices repuired by terms of this Contract shall be served
ormailed to the following addressees unless changed by written notice to the o4her party:
If to the City: City of Auburn, 25 West Main Street, Aubum WA 98001
If to the Service Provider: Auburn Symphony Orchestra, P.O. Box 2186, Auburn WA
98071
7. NOTICES: All notices or communications permitted or required to be given under this
Contract shall be in writing and shall be deemed to have been duly given if delivered in
person or deposited in the United States mail postage prepaid for mailing by certified mail
return receipt requested and addressed if to a party of this Contract to the address set forth
next to such party s signature at the end of this Contract or if to a person not a party to this
Contract to the address designated by a party to this Contract in the foregoing manner Any
party may change his or its address tiy giving notice in writing stating his or its new address
to any other party all pursuant to the procedure set forth in this section of the Contract.
8. INSURANCE: The Service Provider shall be responsible for maintaining during the term of
this Contract and at its sole cost and expense insurance coverages in amounts not less fhan
the amounts set forth herein below. The Service Provider shall furnish evidence satisfactory
to the City of all such policies during the term hereof the Service Provider sFiall take out and
maintain in full force and effect the following insurance policies:
a. Comprehensive general liability insurance including automobile and property
damage insuring the City and the Service Provider against loss or liability for
damages for personal injury death or property damage arising out of or in
connection with the performance by the Service Provider of its obligations
hereunder with minimum liability limits of $1,000,000.00 combined single limit
for personal injury death or property damage in anyone o.ccurrence.
b. Such workmen's compensation and other similar insurance as may be required
by law.
2018 Aubum Symphony Orchestra Contract
October 23, 2017
Page 2 of 6RES.A Page 105 of 141
9. INDEMNIFICATION: The Service Provider shall indemnify and hold harmless the City and its
officers agents and employees or any of them from any and all claims actions suits liability
loss costs expenses and damages of any nature whatsoever by any reason of or arising out
of the negligent act or omission of the Service Provider its officers agents employeesor any
of them relating to or arising out of th_e performance of this Contract. If a final judgment is
rendered against the City its officers agents employees and or any of them orjointly against
the City and the Service Provider and their respective officers agents and employees or any
of them the Service Provider shall satisfy the same to the extent that such judgment was
due to the Service Provider s negligent acts or omissions.
30. RESTRICTION AGAINST ASSIGNMENT: Service Provider shall not assign this Contract oi any
interest herein nor any money due or to become due hereunder without first obtaining the
written consent of the City nor shall the Service Provider subcontract any part of the
services to be performed hereunder without first obtaining the written consent of the City.
11. AMENDMENT MODIFICATION OR WAIVER: No amendment modification or waiver of any
condition provision or ferm of this Contract shall be valid or of any effect unless made in
writing signed by the party or parties to be bound or such party s or parties duly authorized
representative s and specifying with particularity the nature and extent of such amendment
modification or waiver Any waiver by any party of any default of the other party shall not
effect or impair any right arising from any subsequent default Nothing herein shall limit the
remedies or rights of the parties hereto under and pursuant to this Contract.
1. TERMINATION AND SUSPENSION: Either party may terminate this Contrect upon Ninety(90)
days written notice to the other party It is provided however that if the Service Provider has
performed services pursuant to the Contract the Service Provider shall be compensated for
such services in accordance with the rate of compensation provided herein.
13. PARTIES IN INTEREST: This Contract shall be binding upon and the b;enefits and obligations
provided for herein shall inure to and bind the parties hereto and their respective
s.uccessors and assigns provided that;his section shall not be deemed to permit any transfer
or assignment otherwise prohibited by this Contract This Contract is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party including cont[actors sub contractors and their sureties.
14. COSTS TO PREVAILING PARTY: In the event of litigation or other legal action to enforce any
rights responsibilities or obligations under this Contract the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
15. APPLICABLE LAW:This Contract and the ights of the parties hereunder shall be governed tiy
the interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be King County State of Washington provided howe4er that it is
agreed and understood that any applicable statute of limitation shall commence no later
than the substantial completion by the Service Provider of the services.
2018 Auburn Symphoriy Orchestra Contract
October 23, 2017
Page 3 of 6RES.A Page 106 of 141
16. CAPTIONS HEADINGS AND TITLES: All captions headings or titles in the paragraphs or
sections of this Contract are inserted for con4enience of reference only and sh_all not
constitufe a part of this Contract or act as a limitation of the scope of the particular
paragraph or sections to which they apply As used herein where appropriate the singular
shall include the plural and vice versa and masculine feminine and neuter expressions shall
be interchangeable Interpretation or construction of this Contract shall not be affected by
any determination as to who is the drafter of this Contract this Contract having been
drafted by mutual agreement of the parties.
17. SEVERABLE PROVISIONS: Each provision of this Contract is intended to be severable If any
provision hereof is found by a court of competent jurisdiction to be illegal or invalid or not
applicable to any person or circumstance forany reason whatsoever such illegality invalidity
or non applicability shall not affect the legality or validity of the remainder of this Contract
or its applicability to other persons or circumstances.
18. ENTIRE AGREEMENT: This Contract contain3 the entire understanding of the parties herefo
in respect to the transactions contemplated h_ereby and supersedes all prior agreements
contracts and understandings between tlie parties with respect to such subject matter.
19. COUNTERPARTS: This Contrect may be executed in multiple counterparts each of which
shall be one and the same Contrect and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party..
IN WITNESS WHEREOF the parties herefo have caused this Contract to lie executed effective the
day and year first set forth above:
AUBURN SYMPHONY ORCHESTRA CITY OF AUBURN
Naricy Backus, Mayor
Title:
Date: Date:
ATTEST:
Danielle Daskam, City Clerk
APPROVED S TO FORM;
Da ' B. Heid, City ttorney
2018 Auburn Symphony Orchestra Contract
OctoberZ3,2017
Page 4 of 6RES.A Page 107 of 141
Contrector: Auburn Symphony Orchesfra
Contract#
ATTACHMENT A
Scope of 5ervices
Scope of Work:
1. Auburn Symphony Orchestra (A50) will engage, enrich and inspire our community through
artistically vibrant performances;will uphold the liighest artistic and professional standards;
will present a 6road range of repertoire; will serVe a wide and diyerse audience; and will
provide quality educational experiences foral(ages.
3. ASO will produce, at the minimum, three full symphony programs, four chamber concerts,
three summer concerts each performing arts season.
3. AS0 will conduct outreach into Auburn public schools and offer reduced price student
tickets.
4. Conduct outreach to new audiencesthrough progremriming and marketing efforts.
5. Participate in community events and/or festi4als through hosting a booth and/or partnering
to present programming as part of the event program.
Service.Provider Agrees to:
1. Credit the City of Auburn in all appropriate public announcements, progrems, advertising,
and other forms of notice relating to the activity and service covered under this agreement-
and produced by, for, and under the direction of the organization. Where possi6le, tfie City
of Auburn logo should be used. If logo is not appropriate, ASO may list the funder as : City
of Auburn.
2. Provide access to members of the City Council and Auburn Arts Commission for purposes of
evaluation to at least three performances each year.
3. Meet with the City Council, Arts Commission, or th,e Arts Coordinator once during the
contract period, to provide information regarding programming and administrafion of the
programs.
4. Provide the City of Auburn reports and data as outlined as part of the paymentschedule..
5. Make available to the City of Auburn the service providers financial and other records, upon
request, to determine compliance with thi5 agreement.
6. Include City Council members and ArtsCommissioners in their mailing list
Payment Schedule
Phase I: To be completed by January 31, 2018. NTE $25,000.00 upon receipt or completion of the
following:
a Full execution of this contract
e Receipt of completed invoice
Receipt of schedule of activities and programming for 2017-18 performing arts season
2018 Auburn Symphony Orchestra Contract
October 23,2017
Page 5 of 6RES.A Page 108 of 141
Submission of all printed material and copies of paid advertisements completed between
June 201]and January 2018'.
Attendance reports for concerts; including zip code demographic summary of patrons and
student discount tickets claimed, and tracking of new versus returning attendees.
Outline summary of outreach activities and community participation efforts
Receipt of annual report from priorA50 fiscal year
Submission of marketing plan and budget for A50 2017-2018 performing arts season
Phase II: To be completed by March 30, 2018. NTE$25,000:00 upon receipt or completion of the
following:
e Receipt of completed invoice
e Submission of all printed material and copies or documentation of paid advertisements
completed between January 2018 and March 2018
a Attendance reports for ASO concerts; including zip code demogrephic summary of patrons
and student discount tickets claimed, and tracking of new versus returning attendees.
e Outline summary of outreach activities and community participation efforts
Phase III: To be completed by June 1, 2018. NTE $25,000.00 upon receipt or completion of the
following;
a Receipt of completed invoice
e Submission of all printed material and copies of paid advertisements completed between
March 2018 and June 2018.
Attendance reports for ASO concerts; including zip code demogrephic summary of patrons
and student discount tickets claimed, and tracking of new versus returning attendees:
Outline summary of outreach activities and community participation efforts
a Summary of annual fundraiser
1 NOTE:While this Contrect covers performances during 20ll and 2018, references are made to the A50's 2017-
2018 season,which includes periods covered in this Contract.
2018 Auburn Symphony Orchestra Contrect
October 23, 2017
Page 6 of 6RES.A Page 109 of 141
October 18, 2017
Annual Report:
Fiscal year and Season July 2016 – June 2017
Overview
Over the course of the 2016-2017 season, the Auburn Symphony Orchestra (ASO) worked to continue to
engage, enrich, and inspire our community through artistically vibrant performances while upholding
the highest artistic and professional standards.
• Our major events and productions this year consisted of four full symphony programs, including
a holiday program, four chamber concerts (including one outreach concert in Kent), and three
summer outdoor concerts (see Events). We also worked to strengthen our connections within
the community, including the Auburn School District, the White River Valley Museum, and the
Chamber of Commerce, helping to support community events.
• We continue to offer student tickets for $10, also extending that offer to families of music
students in Auburn middle and high schools (see Ticketing). Through our partnership with the
Auburn School District, we offered educational events to 1st and 2nd grade students and their
families throughout the 2016-2017 season.
• Our annual fundraiser in May at Green River College was highly successful. Generously
sponsored by Boeing, Segale Properties, and Councilman Bill Peloza, 160 people attended,
including Mayor Backus and council members Wales and Peloza. The event netted
approximately $45,000 in revenue for the symphony. Guests were treated to musical selections
by ASO violist Joyce Ramee.
• As we near the end of our music director search we are pleased with the amount and quality of
the audience feedback we have received, both verbal and written. That input will be added to
the evaluations from the search committee interviews, the board interviews, and the musicians,
leading to a recommendation by the search committee to the board, most likely by the end of
the calendar year.
RES.A Page 110 of 141
Ticketing
Discounted Tickets – local music students and families
Date Concert Total
Tickets
Issued
Student Tickets
Issued
7/7/2016 Sunsets: From Mozart to Sousa 78 5
7/21/2016 Sunsets: Horns A-Plenty 129 15
8/4/2016 Sunsets: Summer String Celebration 158 36
10/9/2016 Bohemian Rhapsody 622 80
11/20/2015 On the Road Again: Chamber 92 6
12/6/2016 Joy of the Holidays 617 99
1/22/2017 Dances, Marches, and More: Chamber 115 3
2/19/2017 Conductor’s Choice 1: Enigma 535 45
3/3/2017 Chamber (Kent): The Magic Flute 38 3
3/5/2017 Chamber: The Magic Flute 110 7
4/30/2017 Conductor’s Choice 2: Love, Passion, &
Defiance
531 41
Tickets sold by zip code (includes season and single tickets to future performances)
Zip code % Actual
Zip Code
Purchase
Count
Ticket
Count
Percentage of
Purchases Percentage of Tickets
98092 318 642 25.67% 24.05%
98002 163 324 13.16% 12.14%
98042 82 174 6.62% 6.56%
98198 60 84 4.84% 3.15%
98391 57 139 4.60% 5.21 %
98001 55 100 4.44% 3.75%
Various
Zip Codes* 430 935 34.71% 35.03%
No Zip
Code Given 74 271 5.97% 10.15%
Total: 1239 2669
*Each of the 66 various zip codes account for a fraction of the audience members.
Over the course of the 2016-2017 season the ASO added 312 new people to our data base as new
audience members or fundraiser attendees.
RES.A Page 111 of 141
Marketing
Press Release examples attached
Press Coverage
Date Publication Notes
10/3/2016 Auburn Reporter ASO presents Bohemian Rhapsody with Nicholas Hersh
12/15/2016 Auburn Reporter Auburn Symphony presents Joy of the Holidays
2/2/2017 Auburn Reporter February 19 concert features young violin soloist and
first music director candidate
2/21/2017 Philippa Kiraly review from
Sun Break online arts blog
An astonishing violin debut at Auburn Symphony
2/24/2017 Auburn Reporter—reprinted
from Sun Break
An astonishing violin debut at Auburn Symphony
3/31/17 &
4/12/17
Auburn Reporter Nikolas Caoile guest conducts the Auburn Symphony
Orchestra
4/28/2017 Auburn Reporter Guest conductor leads Auburn Symphony Orchestra
April 30 concert
Ongoing King FM NW Focus Season
Showcase
Radio coverage of upcoming concerts
Advertising
Date Publication Notes
Per Concert/quarterly Auburn Reporter Concert Promo – Print Ad
Per Concert/quarterly Kent Reporter Concert Promo – Print Ad
Per Concert/quarterly Federal Way Mirror Concert Promo – Print Ad
Per Concert/quarterly Enumclaw/Bonney Lake
Courier Herald
Concert Promo – Print Ad
Per Concert/quarterly Covington/Maple Valley/Black
Diamond Reporter
Concert Promo – Print Ad
Monthly Lake Tapps Living Concert Promo – Print Ad
Per Concert/quarterly Auburn Magazine Concert Promo – Print Ad
Per Concert/quarterly 98.1 Classical King FM Concert Promo – Radio Spots
Per Concert/quarterly Banner on Auburn Way Concert Promo – Visual over Auburn
Way near entrance to Hwy. 18
Per Concert/quarterly Banner in office window Concert Promo – “Next
Performance” listed on Auburn Way
and Main St
Press release s before each
concert
Various Sent to regional media outlets
RES.A Page 112 of 141
Print Collateral
Date Description and Quantity Notes
October, December, February,
April
400 Posters Distributed within Seattle, South
King County, and Tacoma
Per Concert 2,300 post cards Mailed to internal lists
July & September 75 renewal reminders Sent to lapsed subscribers
December 2,300 annual fund letters Mailed to internal lists
December 2,300 newsletters Mailed to internal lists
June 2,300 season brochures Mailed to internal lists
Electronic Promotions
Date Publication Notes
Per Concert Live Music Project Online Calendar
Inclusion in Eblasts to their
constituents
Per Concert Mail Chimp Eblasts to email list of 1,875
Per Concert Facebook Events and other posts
Per Concert Twitter Event information
Events
Title Date Musicians Attendance Location
2016-2017 Symphony Concerts
Bohemian Rhapsody 10/9/2016 67 622 Auburn Performing Arts
Center
Joy of the Holidays 12/6/2016 60 617 Auburn Performing Arts
Center
Enigma 2/19/2017 65 535 Auburn Performing Arts
Center
Love, Passion, & Defiance 4/30/2017
68 531 Auburn Performing Arts
Center
2016-2017 Pre-Concert Lecture
Bohemian Rhapsody 10/9/2016 2 spkrs. +
slides
90+ Auburn Performing Arts
Center
Enigma 2/19/2017 2 spkrs. +
slides
90+ Auburn Performing Arts
Center
Love, Passion & Defiance 4/30/2017
2 spkrs. +
slides
90+ Auburn Performing Arts
Center
2016-2017 Chamber Concerts
On the Road Again 11/20/2016 5 92 St. Matthew/San Mateo
Episcopal Church
Dances, Marches, and More 1/22/2017 5 115 St. Matthew/San Mateo
Episcopal Church
The Magic Flute 3/3/2017 4 125 First Christian Church of
Kent
RES.A Page 113 of 141
The Magic Flute 3/5/2017 4 110 St. Matthew/San Mateo
Episcopal Church
2016-2017 Sunsets at Mary Olson Farm
From Mozart to Sousa 7/7/2016 5 78 Mary Olson Farm
Horns-A-Plenty 7/21/2016 5 129 Mary Olson Farm
Summer String Celebration 8/4/2016 5 158 Mary Olson Farm
Outreach
String Trio performance at
Trek Apts.
3/30/2017 3 Approx. 75 Trek Apartments
Soloist Gleb Ivanov
educational performance
10/6/2016 1 90 (orchestra
students)
Riverside High School
Soloist Stephen Waarts
educational performance
2/16/2017 1 30 (orchestra
students)
Auburn High School
Soloist Daniel Lebhardt
educational performance
4/27/2017 1 50 piano
students and
faculty
Green River College
Soloist Daniel Lebhardt ‘s
4-hr. rehearsal session
4/29/2017 1 Several
residents
Wesley Homes Lea Hill
Contributing to local
fundraisers with ticket and
CD donations
Ongoing Various
RES.A Page 114 of 141
3:26 PM
10/17/17
Accrual Basis
AUBURN SYMPHONY ASSOCIATION
Profit & Loss
July 2016 through June 2017
Page 1 of 2
Jul '16 - Jun 17 Use of City funding
Ordinary Income/Expense
Income
Board Giving 7,115.00
Sustaining Fund 17,500.00
Merchandise Sales 807.00
Government Grants 83,332.00
Corporate Contributions 0.00
Corporate Gift Matching 2,200.46
Individual Donations 58,108.66
Foundation Grants 18,000.00
Ticket Sales - Concerts 56,419.39
Ticket Sales - Chamber 10,184.00
Fundraisers
Gala
Sponsorships 5,500.00
Raffle 2,980.00
Tickets 10,800.00
Donation 1,505.00
Auction 11,284.00
Total Gala 32,069.00
Concessions 1,035.00
Total Fundraisers 33,104.00
Program Advertising 14,856.25
Outreach Services
Education 1,000.00
Total Outreach Services 1,000.00
Bank/Investment Interest 4.91
Total Income 302,631.67
Gross Profit 302,631.67
Expense
Direct Deposit Fees 30.37
Payroll Tax Expenses
Employment Secuirty Expense 445.47
L&I Expense 157.79
Medicare Expense 435.48
Soc Sec Expense 1,862.02
Total Payroll Tax Expenses 2,900.76
Compensation - Staff 31,582.50
Administration Expense
Board Expenses 148.58
Business Meals 289.63
Advertising 315.00 315
Bank Charges/Adjustments 5,805.59
RES.A Page 115 of 141
3:26 PM
10/17/17
Accrual Basis
AUBURN SYMPHONY ASSOCIATION
Profit & Loss
July 2016 through June 2017
Page 2 of 2
Jul '16 - Jun 17 Use of City funding
Dues and Subscriptions 1,045.03
Insurance 2,427.00
Licenses and Permits 1,359.69
Office Rent 8,694.00
Office Supplies 986.23
Postage 1,493.19 1493
Printing 4,593.40 4593
Professional Fees 2,781.00
Telephone 1,283.30
Total Administration Expense 31,221.64
Concert Expense
Travel 2,671.77
Refund 26.89
Concession Costs 963.64
Advertising 9,486.97 9487
Postage 1,823.06 1823
Printing 7,953.54 7954
Facility Rent 9,682.75
Music Rental 2,219.26
Musician Meals & Flowers 1,155.44
Recording 2,174.46
Total Concert Expense 38,157.78
Chamber Expense
Advertising 97.20
Postage 350.00 350
Printing 1,066.06 1066
Facility Rental 4,829.38 4829
Total Chamber Expense 6,342.64
Compensation
xMusician's Salary - Gala 75.00
xMusician's Salary - Concert 167,510.00 29190
xMusician's Salary-Chamber 15,040.00 10000
xMusician's Salary-Education 3,900.00 3900
Total Compensation 186,525.00
Fund Raising Expenses
Gala Event 10,456.74
Receptions 173.10
Total Fund Raising Expenses 10,629.84
Total Expense 307,390.53
Net Ordinary Income -4,758.86
Net Income -4,758.86 75,000
RES.A Page 116 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5324
Date:
November 2, 2017
Department:
Administration
Attachments:
Resolution No. 5324
Lease
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5324.
Background Summary:
The Puget Sound Auto Theft Taskforce (PSATT) is a joint operation between the cities
of Auburn, Tukwila, Federal Way, Bonney Lake, Lakewood, Tacoma, the Pierce
County Sheriff’s Office, the King County Prosecutor’s Office, and the Washington
State Patrol. Auburn’s participation in the PSATT was authorized by the Council
through Resolution No. 5303. The PSATT is funded through a grant by the
Washington State Patrol, and grant funds are administered by the City of Federal Way
as the lead agency.
The PSATT has been looking for a commercial space to lease that conforms to the
grant funding available. Given current economic conditions, the PSATT encountered
some difficulty finding a leasable space at the rate available through their grant
funding. The administrative building at the Auburn Game Farm Park was proposed by
City staff as a suitable space. Auburn would receive rent from the PSATT at the
maximum amount provided by the grant. Although the rental rate available through
the grant is less than market rate, Auburn will benefit from the revenue generated by
the tenancy in lieu of a vacancy, as well as from the increased police presence in the
area.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:November 6, 2017 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 117 of 141
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 118 of 141
RESOLUTION NO. 5324
A RESOLUTION OF THE GITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF FEDERAL WAY RELATING TO
THE LEASING OF AUBURN PROPERTY FOR JOINT
POLICE TASK-FORCE USE
WHEREAS, the City of Auburn, through the adoption of Resolution No.
5303, is a member of fhe Puget Sound Auto Theft Task-Force (PSATT); and
WHEREAS, the Washington State Patrol, Pierce County Sheriffs Office,
King County Prosecutor's O ce, the Cities of Bonney Lake, Lakewood, Tacoma,
Tukwila, and Federal Way are also members of the PSATT; and
WHEREAS, the interlocal agreement approved by Resolution No. 5303
establishes the City of Federal Way as the lead administrative agency, responsible
for establishing accounting procedures for the PSATT; and
WHEREAS, the PSATT is in need of commercial space for 4he purpose of
conducting PSATT business; and
WHEREAS, the City of Auburn owns suitable space and is willing to lease
said space for PSATT use; and
WHEREAS, Revised Code of Washington Chapter 39.34 authorizes the
City of Aubum and City of Federal Way to enter into an agreement for joint action,
including the teasing of space for PSATT use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO RESOLVE as follows:
Resolution No. 5324
October 17, 2017
Page 1 of 2RES.B Page 119 of 141
Section 1. The Mayor is hereby authorized to execute an
Interlocal Agreement with the City of Federal Way for the purpose of leasing the
Aubum Game Farm Park AdministratiVe Building to the Puget Sound Auto Theft
Taskforce, in substantial conformity with the agreement attached hereto, marked
as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be ne.cessary to carry out the directions of this
legislation.
Section 3. This Resolution shall take effect and be in force upon passage
and signatures thereon.
DATED and SIGNED this _day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
amel B. Heid, City ttorney
Resolution No. 5324
October 17, 2017
Page 2 of 2RES.B Page 120 of 141
INTERLOCAL AGREEMENT
July 19, 2017
Page 1 of 8
Exhibit A, Resolution N. 5324
CITY OF AUBURN – CITY OF FEDERAL WAY
INTERLOCAL AGREEMENT FOR
ESTABLISHING AND MAINTAINING OFFICE SPACE
FOR THE PUGET SOUND AUTO THEFT TASK-FORCE
THIS INTERLOCAL AGREEMENT (Agreement) made and entered into, pursuant to the
Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the _____ day of
__________________, 2017, by and between the CITY OF AUBURN, a municipal corporation of
the State of Washington (Auburn), and the CITY OF FEDERAL WAY, a municipal corporation of
the State of Washington (Federal Way).
WHEREAS, Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft
Task-Force (PSATT), established through an interlocal agreement between the cities of Federal
Way, Auburn, Bonney lake, Lakewood, Tacoma, and Tukwila, the Washington State Patrol, the
Pierce County Sheriff’s Office, the King County Prosecutor’s Office, and the Pierce County
Prosecutor’s Office, to combat automobile theft in the Puget Sound area through coordinated law
enforcement; and
WHEREAS, as the Lead Administrative Agency, Federal Way is authorized to expend
Washington Auto Theft Prevention Authority grant funds for eligible expenses associated with
the operation of the PSATT, including the leasing of office space for the operations of the
PSATT; and
WHEREAS, Auburn has unused office space in the administrative building at Auburn Game
Farm Park, located in Auburn (the Premises), it is willing to lease to Federal Way for PSATT use
at a discounted rate; and
WHEREAS, the PSATT is in need of office space for daily operations; and
WHEREAS, the parties wish to enter into an agreement for the leasing of the Premises for
PSATT use and occupancy.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein, the
parties hereto agree as follows:
1. PREMISES LEASED
A. For and in consideration of the rent and faithful performance by Federal Way of the terms
and conditions of this Agreement, Auburn does hereby lease to Federal Way, and Federal
Way does hereby lease from Auburn, the Game Farm Park Administration Building and
accompanying vehicle parking area located at 2840 Riverwalk Dr. SE, Auburn, WA
98002, (the Premises), depicted in Exhibit A attached hereto and incorporated herein by
this reference. No other portion of Auburn’s property, other than those areas depicted as
RES.B Page 121 of 141
INTERLOCAL AGREEMENT
July 19, 2017
Page 2 of 8
the “Administration Building” or “Vehicle Parking Area” in Exhibit A, are considered
part of this Agreement. The parties further acknowledge and agree that Auburn reserves
the right of immediate access through the Vehicle Parking Area at all times and without
permission or consent of Federal Way for the right of storage and further use of the
remaining portions of Auburn’s property.
B. No building, structure, or improvements of any kind shall be erected, placed upon,
operated or maintained on the Premises, nor shall any business or operation be conducted
or carried on in violation of any ordinance, law, statute, by-law, order, or rule of any
governmental agency having jurisdiction there over.
2. TERM
The term of this Agreement shall be for one (1) year, beginning on August 1, 2017 (the
Commencement Date). Unless earlier terminated by either party, this Agreement shall
automatically renew for one (1) year terms to coincide with the Washington Auto Theft
Prevention Authority grant funding of the PSATT. In addition to any other termination
provisions in this Agreement, either party may terminate this Agreement at any time, and for any
reason, by providing thirty (30) days’ written notice to the other party.
3. RENT
A. Federal Way agrees to pay Auburn a base rent equal to three-thousand dollars
($3,000.00) per month, for the Premises.
B. Federal Way further agrees to pay Auburn a flat rate for utilities, including but not
limited to power, water, sewer, storm, garbage, security and janitorial services equal to
two-thousand dollars ($2,000.00) per month (utility charge). The utility charge shall be
paid in quarterly installments during the term of this Agreement. In the event that the
utility charge exceeds available state funding, Federal Way shall seek pro rata
contribution from the participating PSATT agencies, pursuant to the vote of the PSATT
Executive Board on October 5, 2017; the minutes of which are attached hereto as Exhibit
B and incorporated herein by this reference.
C. Base rent accrued between August 1, 2017, and October 31, 2017, shall be paid within
thirty (30) days of the Commencement Date, and monthly thereafter.
D. In the event this Agreement is terminated prior to the expiration of the term, Auburn shall
refund to Federal Way a pro-rated portion of the base rent and utility charges paid,
equivalent to the months remaining within the current term at the time this Agreement is
terminated.
E. The parties agree that this Agreement shall fulfill any invoicing requirements of the
interlocal agreement establishing the PSATT.
RES.B Page 122 of 141
INTERLOCAL AGREEMENT
July 19, 2017
Page 3 of 8
4. MAINTENANCE
A. Auburn shall be responsible for the sole cost and expense of all repairs and maintenance
to the exterior of the Premises, including, but not limited to: landscaping, foundation,
exterior walls, siding, exterior windows, exterior doors, roof, gutters and downspouts as
well as all interior and exterior mechanical systems including: HVAC, electrical,
plumbing and plumbing and electrical fixtures. Provided, however, that Auburn shall not
be required to repair damage that results from the act of negligence by the members of
PSATT beyond that required by the PSATT interlocal agreement liability and cost
sharing provisions. If Auburn refuses or neglects to commence or complete repairs,
Federal Way may, but shall not be required to, commence or complete the repairs and
Auburn shall pay the costs thereof. Repairs made by Auburn due to the negligence of
Federal Way shall be charged to Federal Way, and such charges shall include all direct
and indirect costs.
B. In the event that the Premises is damaged beyond use due to a fire, natural disaster, or act
of god, this Agreement shall terminate upon ten (10) days’ notice from Federal Way to
Auburn that it intends to vacate the Premises.
5. INSURANCE COVERAGE, INDEMNIFICATION, AND HOLD HARMLESS
A. Federal Way shall maintain insurance coverage, whether through the commercial
insurance market, an insurance pool, self-insurance, or a combination thereof, adequate to
meet the obligations of this Agreement, including the indemnifications contained herein
and those in the interlocal agreement establishing the PSATT, and contractual liability
coverage of applicable leases, licenses, permits, or agreements.
B. To the extent provided for by the terms of the interlocal agreement establishing the
PSATT, Federal Way shall defend, indemnify, and hold harmless Auburn, its officers,
officials, employees and volunteers from and against any and all claims, suits, actions, or
liabilities for injury or death of any person, or for loss or damage to property, which
arises out of Federal Ways’ use of the Premises, or from the conduct of Federal Way’s
business, or from any activity, work or thing done, permitted, or suffered by Federal Way
on or about the Premises, except only such injury or damage as shall have been
occasioned by the sole gross negligence or willful misconduct of Auburn.
C. Federal Way and Auburn hereby release and discharge each other from all claims, losses,
and liabilities arising from or caused by any hazard covered by property insurance on or
in connection with the Premises or said building. This release shall apply only to the
extent that such claim, loss, or liability is covered by insurance.
6. NOTICES
RES.B Page 123 of 141
INTERLOCAL AGREEMENT
July 19, 2017
Page 4 of 8
Any notice, consent, approval or other communication given by either party to the other relating
to this Agreement shall be in writing, sent by both electronic mail and certified mail, return
receipt requested. Such notice may also be delivered by hand. If such notice is hand delivered or
personally served, it shall be deemed effective immediately upon receipt. If sent by certified
mail, return receipt requested, such notice shall be deemed given on the third business day
following deposit in the United States mail, postage prepaid and properly addressed; if delivered
by overnight courier, notice shall be deemed effective on the first business day following deposit
with such courier; and if delivered by electronic communication, notice shall be deemed
effective when sent.
The notice addresses of the parties are as follows:
To Auburn: City of Auburn
Attn: Josh Arndt
25 West Main St.
Auburn, WA 98001
Email: Jarndt@auburnwa.gov
To Federal Way: City of Federal Way
Attn: Andy Hwang
33325 8th Ave. S.
Federal Way, WA 98003
Email: andy.hwang@cityoffederalway.com
7. INSPECTION, ACCESS & POSTED NOTICES
Auburn and any of its agents shall at any time upon seventy-two (72) hours advance, written
notice to PSATT, have the right enter upon and inspect the Premises provided; however, that (A)
any Auburn personnel or agent shall be accompanied by a member of PSATT at all times, and
(B) in the event Auburn determines, in its sole and absolute discretion, that an emergency
situation exists on or adjacent to the Premises, no advance notice to Federal Way is required and
Auburn may immediately enter upon and inspect the Premises. Auburn shall have the right to
serve, or to post and to keep posted on the Premises, or on any part thereof, any notice permitted
by law or by this Agreement, any other notice or notices that may at any time be required or
permitted by law or by this Agreement. Auburn shall not be liable in any manner for any
inconvenience, disturbance, loss of business, or other damages arising out of Auburn’s entry on
the Premises as provided in this Section except for such damage that is caused directly by, or
through the gross negligence of, Auburn, its employees, agents, or representatives.
8. MISCELLANEOUS
A. Choice of Law: This Agreement shall be deemed to be made and construed in accordance
with the laws of the State of Washington. Jurisdiction and venue for any action arising out
of this Agreement shall be in King County, Washington.
RES.B Page 124 of 141
INTERLOCAL AGREEMENT
July 19, 2017
Page 5 of 8
B. Captions & Headings: The captions in this Agreement are for convenience only and do
not in any way limit or amplify the provisions of this Agreement.
C. Relationship of the Parties: Unless otherwise specifically provided herein, no separate legal
entity is created hereby, as each of the parties is contracting in its capacity as a municipal
corporation of the State of Washington. The identity of the parties hereto is as set forth
hereinabove. No provision of this Agreement shall relieve either party of its public agency
obligations and/or responsibilities imposed by law.
D. Severability: If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final
decision of any court having jurisdiction on the matter, the remainder of this Agreement or
the application of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected thereby and shall continue in
full force and effect, unless such court determines that such invalidity or unenforceability
materially interferes with or defeats the purposes hereof, at which time either party shall
have the right to terminate the Agreement.
E. Integration: This Agreement constitutes the entire agreement between the parties as to the
leasing of the Premises. No modifications or amendments of this Agreement shall be valid
or effective unless evidenced by an agreement in writing signed by both parties. The parties
acknowledge that this Agreement is executed pursuant to the interlocal agreement
establishing the PSATT. In the event there is a conflict between this Agreement and the
interlocal agreement establishing the PSATT, the interlocal agreement establishing the
PSATT shall control.
F. Interpretation: Interpretation or construction of this Agreement shall not be affected by
any determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
G. Force Majeure: No party to this Agreement shall be held responsible for delay or default
caused by terrorism, natural disasters, riots, acts of god and/or war that is beyond the
reasonable control of the parties.
H. Waiver: The failure of either party at any time to require performance by another party of
any provisions of this Agreement will in no way affect the party’s subsequent rights and
obligations under that provision, and waiver by any party of the breach of any provision
of this Agreement shall not be taken or held to be a waiver of any succeeding breach of
such provision or as waiver of such provision itself.
I. Signage – No fixed signage shall be permitted on the Premises whatsoever. If Federal
Way wishes to utilize signage, Federal Way must first submit a written request to Auburn
which specifically states what type of signage Federal Way wishes to utilize, the size and
number of signs Federal Way is requesting to utilize and the location of where Federal
RES.B Page 125 of 141
INTERLOCAL AGREEMENT
July 19, 2017
Page 6 of 8
Way’s signage will go. Auburn reserves the right to approve, disapprove or modify
Federal Way’s request in its sole option and without recourse by Federal Way, which
Auburn shall provide in writing within 21 days of receipt of Federal Way’s request. Any
and all signage approved for use by Auburn shall be the sole and absolute cost of Federal
Way, and consistent with the expenditures authorized by the interlocal agreement
establishing the PSATT. All signage shall further be subject to and in accordance with
the Auburn City Code, Chapter 18.56.
J. Alarm Codes - Alarm code(s) will be provided for personnel access into the Premises.
Alarm codes are subject to change as determined and in the sole discretion of Auburn.
PSATT shall be notified prior to changing of the alarm codes. PSATT shall not provide
any alarm codes to their customers or guests and PSATT shall immediately notify
Auburn if the codes need to be changed to prevent access from a customer or employee to
maintain security.
K. No Brokers – Federal Way represents and warrants to Auburn that it has not engaged any
broker, finder or other person who would be entitled to any commission or fees in respect
of the negotiation, execution or delivery of this Agreement and shall indemnify and hold
harmless Auburn against any loss, cost, liability or expense incurred by Auburn as a
result of any claim asserted by any such broker, finder or other person on the basis of any
arrangements or agreements made or alleged to have been made by or on behalf of
Federal Way.
9. SIGNATURE
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
CITY OF AUBURN
___________________________________
Nancy Backus, Auburn Mayor
CITY OF FEDERAL WAY
___________________________________
Jim Ferrell, Federal Way Mayor
Attest:
___________________________________
Danielle Daskam, Auburn City Clerk
Attest:
___________________________________
Stephanie Courtney, Federal Way City
Clerk
Approved as to form:
Approved as to form:
RES.B Page 126 of 141
INTERLOCAL AGREEMENT
July 19, 2017
Page 7 of 8
___________________________________
Daniel B. Heid, Auburn City Attorney
___________________________________
J. Ryan Call, Federal Way City Attorney
RES.B Page 127 of 141
INTERLOCAL AGREEMENT
July 19, 2017
Page 8 of 8
Exhibit A
RES.B Page 128 of 141
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5325
Date:
October 25, 2017
Department:
CD & PW
Attachments:
RES 5325
Agreement Form (Exhibit A)
Vicinity Map
Site Plan
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5325.
Background Summary:
Resolution No. 5325 authorizes the Mayor to accept a state grant from the King
County Flood Control District in the amount of $210,000.00 to finance the design and
construction of the 37th Street NW Flood Control project (Project).
The Project will increase capacity of a storm drainage culvert located on the south
side of the 37th Street NW and I Street NW intersection by replacing the existing 12
inch culvert with a large box culvert. The improvements will eliminate flooding issues
on 37th Street NW and the Inter-Urban Trail.
The King County Flood Control district state grant does not require a local funding
match, however the following additional monies from the 462 storm drainage fund has
been made available to help fund the project:
$40,000 in 2017-2018 for design
$251,000 in 2018 for construction
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:November 6, 2017 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 129 of 141
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 130 of 141
RESOLUTION NO. 5 3 2 5
A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYpR TO
ACCEPT STATE GRANT FUNDS FROM THE KING COUNTY
FLOOD CONTROL DISTRICT FOR THE 37T" STREET NW
FLOOD CONTROL PROJEGT
WHEREAS, the City of Auburn desires to alleViate annual localized flooding issues
and better manage the storm drainage network at the 1000 block of 37 h St NW; and
WHEREAS, the need for the improvements is recognized in Auburn's adopted
Comprehensive Storm Drainage Plan — December 2015; and
WHEREAS, completing this Project will address the flooding issues by increasing
conveyance capacity of the storm drainage network along 37t" St NW; and
WHEREAS, the City applie.d for and was awarded a state grant from the King
County Flood Control District in the amount of $210,000.00 to finance the design and
construction phases of the Project; and
WHEREAS, while the Flood Control District does not require a local funding match
for the grant, the City has made available additional storm drainage funding in the
approved City budget to help fund the Project; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the storm drainage system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to accept 4he King County Flood
Control District state grant for which the City has sought funding and has been awarded
for the 37 h Street NW Flood Control Project. The Mayor is further hereby authorized to
Ftesolu4ion No. 5325
October 23,2017
Fege 1
RES.C Page 131 of 141
execute a Funding Agreement between the Ciry a.nd the King County Flood Control
District for the design and construction of the above identified project, in substanfial
conformity with grant requirements and the agreement attached hereto, marked as Exhibit
A and incorporated herein by this reference. The Mayor is further hereby authorized to
execute any further supplemental agreements consistent with project and grant
requirements as may be necessary for any and all future phases for the Project,
expending up to the total amount of the grant.
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation.
Secfion 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKU$
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
el B. He'
City Attorney
Resolution No. 5325
October23, 2017
Page 2
RES.C Page 132 of 141
Project Name: 37th Street NW Flooding Elimination Award Number: 4.17.01
Page 1 of 7
EXHIBIT A
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN THE CITY OF AUBURN AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Auburn (“Recipient”) (collectively referred to as the “parties” and in the singular “party”), for
the purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31, 2019.
Project Contacts:
King County – Kim Harper, Grant Administrator, 206-477-6079, Kim.harper@kingcounty.gov.
Recipient – Tim Carlaw, 253-804-5060, Tcarlaw@auburnwa.gov.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for flood control
and stormwater protection projects and activities; and
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ("ILA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget; and
1.3 Whereas, on November 12, 2013, the District’s Board of Supervisors passed Resolution
FCD2013-14.3 which established a Flood Reduction Grant Program and criteria for
awarding grant funding for projects, and on November 16, 2015, the Board passed
Resolution FCD2016-20.3, which authorized an allocation of $3,058,908.00 from the
District’s 2016 budget to fund flood reduction projects; and
1.4 Whereas, on August 21, 2017 the District’s Board of Supervisors passed Resolution
FCD2017-05.1, which approved the flood reduction projects described in Attachment A to
that Resolution; and
1.5 Whereas, in accordance with the terms of these Resolutions, and in its capacity as
service provider to the District, King County has established policies and procedures for
administering the flood reduction grant program, a copy of which has been furnished to
Recipient and which is incorporated herein by this reference (hereinafter “Grant Policies
and Procedures”); and
1.6 Whereas, the Recipient submitted an application to receive funds for a project to be
RES.C Page 133 of 141
Project Name: 37th Street NW Flooding Elimination Award Number: 4.17.01
Page 2 of 7
funded by the Flood Reduction Grant Program; and
1.7 Whereas the District’s Board of Supervisors approved funding of Recipient’s application
for the project (“Project”), as described in Attachment A to Resolution FCD2017-05.1 in
the amount of $210,000.00 (“Award”); and
1.8 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and
incorporated herein as Exhibit C (“Budget”), are consistent with the Grant Policies and
Procedures, the Recipient’s application for the Project, and the Resolution approving
funding for the Project; and
1.9 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with Resolution FCD2017-05.1, and the Grant
Policies and Procedures, and under which the Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to pay the Award amount to Recipient in the total amount of
$210,000.00 from District funds. The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A to this Agreement. Exhibit A,
attached hereto and incorporated herein by this reference, contains a description of the
Project as described in Attachment A to Resolution FCD2017-05.1. King County shall
pay the Recipient in accordance with the terms of the Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) the activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) the activities occur after the District passes a resolution approving an
RES.C Page 134 of 141
Project Name: 37th Street NW Flooding Elimination Award Number: 4.17.01
Page 3 of 7
award for the Project; 5) such activities and expenses otherwise comply with all
other terms of this Agreement; and 6) reimbursements shall be paid to the Recipient only
after this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable expenses
identified in the Budget and according to the rules set forth in the Grant Policies and
Procedures. Blank forms shall be provided to the Recipient by King County upon
execution of this Agreement. A progress report (with or without a request for payment)
shall be made no less frequently than every six months after the effective date of this
Agreement nor more frequently than every three months after the aforementioned date. A
Progress Report form shall be submitted with all payment requests. A one- time advance
of no more than 25% of the Award amount may be allowed, in the discretion of King
County, for expenses anticipated to be incurred in the three months following the date of
submission of the advance Request for Payment only for work that is included in the
Scope of Work of this Agreement, and identified as such in the Request for Payment.
Documentation of payments made from the advance payment shall be submitted to King
County prior to any further requests for payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient’s completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Close-out Report form unless a more detailed final report is specified in
the scope of work. A blank form shall be provided to the Recipient by King County upon
execution of this Agreement. The final report shall include a summary of the Project’s
successes and shall address the flood reduction benefits accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative, shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
RES.C Page 135 of 141
Project Name: 37th Street NW Flooding Elimination Award Number: 4.17.01
Page 4 of 7
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project
on all literature, signage or press releases related to the Project. The Recipient may
obtain from King County a District logo that may be used in the acknowledgement.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Project shall be completed by no later than December 31, 2019. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and retain any unexpended Award funds.
RES.C Page 136 of 141
Project Name: 37th Street NW Flooding Elimination Award Number: 4.17.01
Page 5 of 7
3.6. This Agreement may be signed in multiple counterparts.
3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the District, King County’s
obligations are contingent upon the appropriation of sufficient funds by the Board of
Supervisors of the District to complete the Scope of Work. If no such appropriation is
made, this Agreement will terminate at the close of the appropriation year for which the
last appropriation that provides funds under this Agreement was made.
This document has been approved as to form by the King County Prosecuting Attorney’s Office
as of September 12, 2015.
.
KING COUNTY: RECIPIENT:
By By
Name Name
Title Title
Date Date
RES.C Page 137 of 141
Project Name: 37th Street NW Flooding Elimination Award Number: 4.17.01
Page 6 of 7
EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD
37th Street NW
Flooding
Elimination
City of
Auburn
The project will increase capacity of a drainage
channel culvert located at the Puget Sound Energy
Christopher Substation access driveway by replacing
a 12 inch culvert with a large box culvert. This will
eliminate a long-term flooding problem on 37th St
NW and the Inter-Urban Trail, as well as on the PSE
property and driveway. This will end years of road
closures during flooding events, and ensure safe
consistent access to local businesses, through traffic,
the non-motorized commuter and recreational trail,
and the electrical substation that serves large areas
of Auburn and Federal Way.
$0 $210,000.00
EXHIBIT B: SCOPE OF WORK
TASKS ACTIVITIES AND DELIVERABLES APPROX. PERCENT
OF AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
Task 1:
Project
Administration
(Required task)
Submit reimbursement request forms, backup documentation for
billing, and progress reports at least every 6 months. Submit a
Fiscal Closeout form and a Closeout Report form with the final
reimbursement request.
5% November 2018
Task 2:
Planning,
Design, and
Permitting
Preparation of design plans, specifications and cost estimates for
the 37th St NW Flooding Elimination Project. This task will also
include support for the public bidding of the construction
documents and procurement of the construction team. The initial
planning and budgeting conducted by Auburn staff will ensure the
project design is ready to proceed starting in January 2018 and the
construction will be completed in 2019, pending grant approval and
administrative considerations.
Deliverables:
· Construction plans providing the detail needed for
construction, stamped by a Washington State licensed Civil
Engineer.
· Mitigation plans that may be required under Section A
below.
· PSE agreement for access to PSE’s site during construction,
as described in Section A below.
15% November 2018
RES.C Page 138 of 141
Project Name: 37th Street NW Flooding Elimination Award Number: 4.17.01
Page 7 of 7
TASKS ACTIVITIES AND DELIVERABLES APPROX. PERCENT
OF AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
Task 3:
Construction
Management
The City of Auburn provides in-house construction management of
all capital/public projects. This includes a Washington State
Licensed Engineer as the construction manager and an experienced
construction inspector who typically inspects construction activity
more than daily and inspects/documents inspection of all aspects of
construction projects. In addition, Auburn has qualified GIS staff
that manages as-built data for incorporation into existing data sets.
Task 3 includes various documents necessary to ensure that the
constructed project meets the design requirements established in
Tasks 2. A brief description of the documents is provided below:
· Auburn will prepare and keep current a construction
schedule for the project. The first construction schedule
will be required within 30 days of start of construction;
schedule will be revised as needed to reflect any major
changes in timeline.
· Auburn will provide a copy of the “as-built” drawings once
construction is complete. As-built drawings are necessary
as some modifications may be necessary to complete the
project; however, those modifications cannot significantly
change the design.
· Auburn will produce a Declaration of Completion to be
signed by both the City of Auburn inspector and the
construction project manager.
10% October 2019
Task 4:
Construction
The City of Auburn will contract with a qualified construction
company to build the culvert project. The contracted company will:
· Prepare the site for construction, inclusive of clearing
limits, grubbing, grading, and mobilization
· Construct the storm facility upgrade to the design
standards identified in the engineered plans
· Provide sediment and erosion control measures
Deliverables:
· Complete drainage channel upgrade constructed to
engineered plans
· Cost sheet for construction costs once at 100%
70% October 2019
EXHIBIT C: BUDGET
BUDGET ITEM
GRANT
AWARD
REQUEST
FINANCIAL LEVERAGE (not required)
LEVER
AGE
TOTAL
TOTAL (Grant
+ Leverage)
SOURCE NAME
AMOUNT
STAFFING $60,000.00 $0 $60,000.00
COMMERCIAL SERVICES AND
CREW TIME
$150,000.00
$0 $150,000.00
TOTAL $210,000.00 $0 $210,000.00
RES.C Page 139 of 141
475.1
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet475.1
Notes
Legend
237.60
1:2,851
37th St Drainage Improvements
1in =238 ft
10/25/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
RES.C Page 140 of 141
37th ST NW FLOOD CONTROL PROJECTSITE PLANNO SCALE37th St NWI St NWRES.CPage 141 of 141