Loading...
HomeMy WebLinkAbout01-02-2018 CITY COUNCIL AGENDACity Council Meeting J anuary 2, 2018 - 7:00 P M City Hall Council Chambers AGE ND A Watch the meeting L IV E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R A.P ledge of Allegiance B.Roll Call I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS A.P roclamation - “PyeongChang, S outh Korea W inter Olympic Games Month” Mayor B ackus to proclaim February, 2018 as “P yeongC hang, South K orea W inter Olympic G ames Month” in the city of Auburn. I I I .AP P O INT M E NT S A.E lection of D eputy Mayor I V.AG E ND A M O D I F IC AT I O NS V.C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A.P ublic Hearings - (No public hearing is scheduled for this evening.) B.Audience P articipation Thi s i s the place on the agenda where the public is invited to speak to the City Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form provi ded. C .C orrespondence - (T here is no correspondence for Council review.) V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council C ommittees' progress on assigned tasks and may give their recommendation to the C ity Council, if any. V I I .C O NS E NT AG E ND A All matters l isted on the Consent Agenda are considered by the City Council to be routine and wi ll be enacted by one moti on in the form listed. A.Minutes of the D ecember 18, 2017 R egular Meeting Page 1 of 53 B.C laims Vouchers (C oleman) 2017 Claims vouchers 446998 through 447001, and vouchers 447003 through 447151 in the amount of $1,616,837.25 and three wire transfers in the amount of $157,154.09 and dated J anuary 2, 2018. 2018 Claims voucher 447002 and voucher 447152 through voucher 447164 in the amount of $139,579.97 and two wire transfers in the amount of $533,009.01 and dated J anuary 2, 2018. C .P ayroll Vouchers (Coleman) P ayroll check numbers 537698 through 537717 in the amount of $505,557.93 and electronic deposit transmissions in the amount of $1,808,548.52 f or a grand total of $2,314,106.45 for the period covering D ecember 14, 2017 to December 27, 2017. (RECOM M ENDED ACTION: City Council approve the Consent Agenda.) V I I I .UNF I NI S HE D B US I NE S S I X.NE W B US INE S S X .O RD I NANC E S A.Ordinance No. 6661 (S nyder) A n O rdinance of the City Council of the C ity of A uburn, Washington, amending Title 18, of A uburn City Code, relating to the methodology used to calculate residential density and the lot size standards within various residential zoning designations (RECOM M ENDED ACTION: City Council adopt Ordinance No. 6661.) X I .RE S O L UT IO NS A.R esolution No. 5335 (Snyder) A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the Mayor to execute an agreement with the other jurisdictions of the South County A rea Transportation Board (RECOM M ENDED ACTION: City Council adopt Resolution No. 5335.) B.R esolution No. 5338 (Snyder) A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the Mayor to execute the agreement accepting a grant from the Washington State Transportation I mprovement B oard for design and construction of the Auburn Way North S idewalk I mprovement P roject (RECOM M ENDED ACTION: City Council adopt Resolution No. 5338.) X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S Page 2 of 53 At this ti me the Mayor and City Council may report on significant i tems associated with their appoi nted positions on federal, state, regional and local organi zations. A.Fr om the Council B.Fr om the M ayor X I I I .AD J O URNM E NT 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 revi ew at the City Clerk's Office. Page 3 of 53 AGENDA BILL APPROVAL FORM Agenda Subject: Election of Deputy Mayor Date: December 26, 2017 Department: City Council Attachments: Council Rules - Section 12 Budget Impact: Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:January 2, 2018 Item Numb er: Page 4 of 53 SECTION 12 - DEPUTY MAYOR 12.1 Annually or more often as deemed appropriate, the members of the City Council, by majority vote, shall designate one of their members as Deputy Mayor for such period as the Council may specify. A. Any member of the City Council may be nominated for the position of Deputy Mayor by having that Councilmember’s name placed in nomination by a Councilmember, provided that the name of the most senior member of the City Council who has not previously served as Deputy Mayor shall automatically be placed in nomination for the position of Deputy Mayor. [The nomination of a councilmember for the position of Deputy Mayor does not require a second, and a councilmember may nominate him or herself.] 1. For the purposes hereof, the most senior member of the City Council, seniority shall be determined by: (a) The number of consecutive years, months and days served; (b) If the number of consecutive years, months and days served by two or more members of the City Council are equal, the member of the City Council who received the greater/greatest number of votes in the most recent general election in which such members were elected to the City Council shall be deemed most senior. 2. If the most senior councilmember declined the automatic nomination, the name of the next most senior member of the City Council shall be automatically be placed in nomination for the position of Deputy Mayor. 3. If all members of the City Council have previously served as Deputy Mayor, there shall be no automatic seniority nomination. 4. Other than for the automatic nomination of the most senior councilmember who has not previously served as deputy Mayor, all other nominations for the position of Deputy Mayor shall be made by members of the City Council on the dates of election for the Deputy Mayor position. 5. In connection with the selection of Deputy Mayor, it is strongly suggested that councilmembers approach the election in an open, transparent and respectful manner, avoiding anything that jeopardizes harmony among councilmembers. Page 5 of 53 B. The Councilmember receiving a majority of the votes cast by the members of the City Council shall be elected Deputy Mayor. A Councilmember may vote for him or herself. C. The names of all nominees for the position of Deputy Mayor shall be included in the vote. D. If no single Councilmember received a majority of the votes cast, a second vote/ballot, between the two nominees who received the largest number of votes, would be needed. In the second vote/ballot, whichever of these two nominees received the larger number of votes would be elected to the position of Deputy Mayor.1 E. The Deputy Mayor shall serve at the pleasure of the Council. A. In the event of the absence or unavailability of the Deputy Mayor, the longest serving member of the City Council, other than the Deputy Mayor, shall serve as interim Deputy Mayor until the return of the regular Deputy Mayor. G. If the designated Deputy Mayor is unable to serve the full term of the position of Deputy Mayor, the Council shall designate the next senior member of the City Council as Deputy Mayor for the remainder of the term. If the appointment is declined the process shall continue until a Deputy Mayor is designated. H. In the event that the councilmember selected as Deputy Mayor is unable to perform the duties of the position of Deputy Mayor, or fails to act in accordance with the City Council Rules of Procedure, the City Council may, by a majority vote of the full City Council, remove the Deputy Mayor from this position, in which case, the next senior councilmember shall assume the position of Deputy Mayor for the balance of the year. If the next senior councilmember is unwilling or unable to assume the position of Deputy Mayor, the position of Deputy Mayor shall be filled by a majority vote of the full City Council. [See RCW 35A.12.065.] 12.2 The Deputy Mayor, as the head of the legislative branch of the City, shall perform the following duties: 1 It may be that if there were a larger number of nominees in the initial election, there would not be (only) two councilmembers who received the largest number of votes. For instance, if one nominee received three votes a second nominee received two votes and a third nominee also received two votes, it might be appropriate to have an initial run off between the second and the third nominees to determine who would be included in the final run-off against the first nominee. Page 6 of 53 A. Intra-Council Relations: 1. Serve as the Chair of the Council Study Sessions; 2. Serve as an ex-officio member of all other ad hoc committees of the City Council, provided that attendance by a quorum of the City Council at ad hoc committee meetings shall comply with the Open Public Meetings Act (RCW 42.30), unless expressly exempted.; 3. Assist in new councilmember training; 4. Support cooperative and interactive relationships among council members; 5. Work with Administration to prepare agendas for Council Study Sessions; 6. Preside over the Study Sessions of the City Council, and work with the chairs of the Special Focus Areas on the portions of Study Sessions over which the Special Focus Areas chairs preside. B. Mayor-Council Relations: 1. Help maintain a positive and cooperative relationship between the Mayor and the City Council; 2. Act as conduit between the Mayor and the City Council on issues or concerns relating to their duties; 3. Preside over Regular Meetings of the City Council in the absence or unavailability of the Mayor; 4. In the event of the a prolonged absence or incapacitation (a state of disability that prohibits the function of duties) of the Mayor, the Deputy Mayor shall perform the duties of the Mayor. (a) A prolonged absence is defined as requiring a leave of absence that prohibits the performance of the duties of the office. Vacation leave for periods up to two weeks, illnesses requiring an absence of less than two weeks, out of state or out of country travel lasting not more than two weeks, or other Page 7 of 53 similar short-term absences shall not be considered prolonged absences. (b) In the event of a disaster, emergency, or other similar circumstance, where the Mayor is out-of-town and unable to carry out the duties of the office of Mayor, the Deputy Mayor, in consultation with the Mayor, shall act as Mayor until the return and availability of the Mayor; 5. The Deputy Mayor shall also stand in on behalf of the Mayor in other situations as requested by the Mayor; 6. In the performance of the duties of the Mayor, the Deputy Mayor shall not have authority to appoint, remove, replace, discipline or take other similar action on any director or employee of the City; 7. The Deputy Mayor shall not have veto authority for actions that may be taken by the City Council; 8. The Deputy Mayor shall be aware of City, regional and intergovernmental policies and activities in order to properly execute the role of Mayor. C. Intergovernmental and Community Relations: 1. Act in absence of Mayor as requested and/or as required; 2. Be aware of all City regional and intergovernmental policies and activities in order to be prepared to step into the role of Mayor if necessary; 3. Serve as the Chair of the City’s Emergency Management Compensation Board. D. Other Duties of the Deputy Mayor: 1. In cooperation with the Mayor and Special Focus Area group’s chairpersons and with assistance from Administration, create and establish agendas for all study sessions; 2. Preserve the decorum and order at all Council Study Sessions; Page 8 of 53 3. Serve as liaison to the Junior City Council, participating as a non- voting member of the Junior City Council, encouraging, guiding and counseling the members of the Junior City Council in connection with its duties and assignments; 4. Assist in training new councilmembers; 5. Serve as the liaison between the City Council and the Mayor and be a conduit between the City Council and the Mayor on issues or concerns of the Council; 6. Facilitate any issue related to the conduct and/or actions of councilmembers that may be inappropriate or that may be in violation of the Council Rules of Procedure (Section 20.1); 7. Conduct regular and periodic meetings with individual councilmembers to address councilmember issues, concerns, legislative processes, councilmember proposals, councilmember training, and other similar related items. 8. Conduct group meetings with councilmembers, provided that such meetings shall not have more than two councilmembers at such meetings. All such meetings at which a quorum of the City Council is in attendance shall be in compliance with the Open Public Meetings Act (RCW 42.30), unless expressly exempted. [See former ACC 2.06.090 (1957 code § 1.04.100).] Page 9 of 53 Page 10 of 53 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the December 18, 2017 Regular Meeting Date: December 26, 2017 Department: Administration Attachments: 12-18-2017 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:January 2, 2018 Item Number:CA.A Page 11 of 53 City Council Meeting December 18, 2017 - 7:00 P M Auburn Community and Ev ent Center 910 9th Street S E AGE ND A Watch the meeting L IV E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R A.P ledge of Allegiance Mayor Nancy B ackus called the meeting to order at 7:00 p.m. in the A uburn C ommunity and E vents Center, 910 9th Street S E , and led those in attendance in the Pledge of A llegiance. B.Roll Call C ity C ouncilmembers present: D eputy Mayor L argo Wales, B ob Baggett, C laude D aCorsi, J ohn Holman, B ill P eloza, Yolanda Trout-Manuel, and R ich Wagner. Mayor Nancy B ackus was in attendance, and the f ollowing department directors and staff members were also present: Finance Director Shelley C oleman, Assistant City Attorney Doug Ruth, Chief of P olice Bob L ee, A ssistant Director of Engineering Services/C ity Engineer I ngrid Gaub, D irector of Administration Dana Hinman, Economic Development Manager D oug L ein, Human Services Manager J oy Scott, P arks, A rts and R ecreation D irector Daryl F aber, and Deputy City Clerk S hawn C ampbell. I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS A.P roclamation for C ouncilmember Richard Wagner Day Mayor B ackus to proclaim December 18, 2017 as Councilmember Richard Wagner D ay in the city of A uburn. Mayor B ackus read and presented a proclamation declaring December 18, 2017 as R ichard Wagner Day. Councilmember Wagner thanked the Mayor and C ouncil. I I I .AP P O INT M E NT S A.R eappointments to Boards & C ommissions C ity C ouncil to conf irm the reappointments for the f ollowing board and commission members for a new three year term expiring December 31, 2020: Page 1 of 8Page 12 of 53 Arts C ommission D an Norman Auburn L odging Tax Advisory C ommittee A man G hag Auburn Tourism Board J ulie K rueger R achael Mc A lister B IA Rate Payer C ommittee B ill Cowart Human S ervices C ommittee J ason B erry Marelyn S cholz C ecila B rugger P arks & Recreation Board Michael Hassen P lanning C ommission J udi Roland Urban T ree B oard B ryce L andrud J an S peer White River Valley Historical S ociety R onnie Beyersdorf C ouncilmember Wagner moved and C ouncilmember Peloza seconded to reappoint the board and commission members. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 I V.AG E ND A M O D I F IC AT I O NS There was no modification to the agenda. V.C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A.P ublic Hearings 1.P ublic Hearing for Community D evelopment B lock G rant 2018 A ction Plan City Council to conduct a public hearing to receive public comments and suggestions with regards to the 2018 A nnual A ction P lan as required by the U.S . Department of Housing and Urban D evelopment Mayor Backus opened the public hearing at 7:07 p.m. Page 2 of 8Page 13 of 53 Virginia Haugen, 2503 R S treet S E , Auburn Ms. Haugen requested the City spend these f unds to f ix the streets. No one further in the audience requested to speak and the hearing was closed at 7:08 p.m. B.Audience P articipation Thi s i s the place on the agenda where the public is invited to speak to the City Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form provi ded. P auline C aldwell, 1120 8th S treet NE , Auburn Ms. C aldwell is concerned with society today. S he wrote a letter to C ongressman Reichert regarding the proposed tax bill. S he read the letter she received in response. S he does not f eel the plan protects seniors. B etsy Howe, 3929312 118th Avenue, S E , Auburn Ms. Howe stated she is concerned about the road she lives on due to the B ridges development. She requested the City meet with residents prior to repairs or improvements. Virginia Haugen, 2503 R Street S E , A uburn Ms. Haugen stated she has learned a lot from C ouncilmember Wagner. K yle O rsini, 6118 S outh 294th S treet, A uburn Mr. O rsini thanked Council for their time. He listed various roads within the City that are in need of repair and streets that need higher speed limits. L arry S mith, 30023 118th Ave S E , Auburn Mr. S mith reviewed the action the C ity has taken on 118th Ave S E , including the warning signs, speed indicators and rumble strips. Mr. Smith stated the C ity's attempts to slow the traf f ic have not had the desired results. He stated he has made recommendations and the City has not implemented them. C .C orrespondence There was no correspondence f or Council review. V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council C ommittees' progress on assigned tasks and may give their recommendation to the C ity Council, if any. C ouncilmember Baggett, chair of the F inance 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 Page 3 of 8Page 14 of 53 in the amount of approximately $6.1 million f or the periods November 30- D ecember 17, 2017 and December 17, 2017, respectively. T he ad hoc committee recommends approval of the claims and payroll vouchers as described on the Consent A genda. V I I .C O NS E NT AG E ND A All matters l isted on the Consent Agenda are considered by the City Council to be routine and wi ll be enacted by one moti on in the form listed. A.Minutes of the D ecember 4, 2017 Regular City Council Meeting B.C laims Vouchers C laims vouchers 446795 through 446997 in the amount of $5,609,000.25 and one wire transfer in the amount of $555,364.87 and dated December 17, 2017. C .P ayroll Vouchers P ayroll check numbers 537677 through 537697 in the amount of $240,977.96, electronic deposit transmissions in the amount of $1,925,671.59 f or a grand total of $2,166,649.55 for the period covering November 30, 2017 to December 13, 2017 and dated December 18, 2017. D .P ublic Works Project No. C P 1415 C ity C ouncil to approve F inal P ay E stimate No. 12 to Contract No. 16-12 in the amount of $22,674.76 and accept construction of P roject No. C P 1415, West Main S treet Multi-Modal C orridor and I T S I mprovements E.P ublic Works Project No. C P 1507 C ity C ouncil to approve Change O rder No. 2 in the amount of $100,000.00 to Contract No. 17-02 for work on Project No. C P 1507, Auburn Way North P reservation F.P ublic Works Project No. C P 1522 C ity C ouncil to approve Change O rder No. 3 in the amount of $55,000.00 and F inal P ay E stimate No. 11 to Contract No. 16-19 and accept construction of Project No. C P 1522, 30th Street NE A rea F looding, P hase 1B G.P ublic Works Project No. C P 1613 C ity C ouncil to approve F inal P ay E stimate No. 2 to Contract No. 17-06 in the amount of $26,086.50 and accept construction of P roject No. C P 1613, M&O F acility Building R oof ing Replacement Project H.P ublic Works Project No. C P 1701 C ity C ouncil to approve F inal P ay E stimate No. 2 to Contract No. 17-23 in the amount of $49,930.62 and accept construction of P roject No. C P 1701, AW S Dynamic Message Sign Project D eputy Mayor Wales moved and C ouncilmember Trout-Manual seconded to approve the C onsent Agenda. Page 4 of 8Page 15 of 53 MO T I O N C A R R I E D UNA NI MO US LY. 7-0 V I I I .UNF I NI S HE D B US I NE S S There was no unfinished business. I X.NE W B US INE S S There was no new business. X .O RD I NANC E S A.Ordinance No. 6667 (S nyder) A n O rdinance of the City Council of the C ity of A uburn, Washington, adopting 2017 A nnual Comprehensive P lan Map and Text A mendments pursuant to the provisions of R C W Chapter 36.70A and adopting corresponding rezones related to certain of the map amendments and creating a new Section 18.01.050 to the city code, relating to planning C ouncilmember Peloza moved and C ouncilmember Wagner seconded to adopt O rdinance No. 6667. D eputy Mayor Wales asked if the City has the authority to impose zoning on tribal property. Mayor B ackus stated the C ity does have the authority to assign land designation to tribal property. T he tribal designations are f or informational purposes only. C ouncilmember Peloza stated he spoke with the Muckleshoot I ndian Tribe C ouncil Chair Cross and she is very supportive of the Comprehensive P lan A mendments. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 B.Ordinance No. 6668 (S nyder) A n O rdinance of the City Council of the C ity of A uburn, Washington amending S ections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of the A uburn City Code relating to S chool I mpact F ees C ouncilmember Wagner moved and C ouncilmember Holman seconded to adopt O rdinance No. 6668. C ouncilmember Wagner stated the school district provides the C ity with a proposal for impact f ees and the C ity is responsible for imposing the fees. D eputy Mayor Wales stated the City tries to keep ahead of growth with school impact fees. T he City of F ederal Way is proposing higher taxes. S he shared her concern that will force more multi family units into A uburn because it will be less expensive to develop. C ouncilmember Holman stated the F ederal Way S chool District has a very Page 5 of 8Page 16 of 53 narrow band in the C ity of A uburn and it is not zoned multi family. MO T I O N C A R R I E D UNA NI MO US LY. 7-0. X I .RE S O L UT IO NS A.R esolution No. 5323 (Snyder) A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the Mayor to execute a f ourth amendment to the Transit Service Direct F inancial P artnership A greement between the C ity of A uburn, King County and Pierce County P ublic Transit Benefit A uthority (P ierce Transit) D eputy Mayor Wales moved and C ouncilmember Trout-Manual seconded to adopt R esolution No. 5323. MO T I O N C A R R I E D UNA NI MO US LY. 7-0. B.R esolution No. 5333 (Snyder) A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the Mayor to execute an I nterlocal A greement between the City of Auburn and King County D epartment of Transportation relating to the C ommute Trip R eduction Plan C ouncilmember Wagner moved and C ouncilmember Peloza seconded to adopt Resolution No. 5333. C ouncilmember Wagner stated the S tate requires cities to work with local businesses to reduce congestion. MO T I O N C A R R I E D UNA NI MO US LY. 7-0. C .R esolution No. 5336 (C oleman) A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the Mayor to execute an agreement between the C ity of A uburn and R ecology C leanscapes f or a L itter Control and R ecycling P rogram C ouncilmember Holman moved and C ouncilmember DaC orsi seconded to adopt Resolution No. 5336. D eputy Mayor Wales moved and Councilmember Trout-Manual seconded to table Resolution No. 5336 to the next Study Session. C ouncilmember Trout-Manual stated that she has spoken with seniors and they shared their concerns about leaves and trash on the streets. D irector Coleman stated this contract with R ecology allows the C ity to direct R ecology to pick up trash on a specif ic street. MO T I O N FA I L E D . 4-3. Deputy Mayor Wales, C ouncilmember P eloza and C ouncilmember Trout-Manual voted yes. MO T I O N C A R R I E D. 5-2. D eputy Mayor Wales and Councilmember Page 6 of 8Page 17 of 53 Trout-Manual voted no. D .R esolution No. 5337 (Hinman) A R esolution of the City Council of the C ity of A uburn, Washington, adopting the 2018 C ommunity Development Block Grant (C D B G) Action P lan f or the C onsolidated Plan Years 2015-2019 C ouncilmember Trout-Manual moved and Councilmember Holman seconded to adopt R esolution No. 5337. C ouncilmember Trout-Manual stated this action will fulfill HUD requirements. C ouncilmember Peloza asked how the City measures the value of the funds spent. Human Services Manager Scott stated the City monitors the service providers not the recipients T he services providers track the participants and provides a report to the C ity. C ouncilmember Wagner would like the housing repair program details to be more explicit. MO T I O N C A R R I E D UNA NI MO US LY. 7-0. X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S At this ti me the Mayor and City Council may report on significant i tems associated with their appoi nted positions on federal, state, regional and local organi zations. A.Fr om the Council C ouncilmember Holman reported he attended the Score J ail A dministration B oard meeting. D aCorsi reported he attended the A f f ordable Housing B oard meeting and the A ssociation of Washington C ities Board of Directors meeting. C ouncilmember Peloza reported he attended the King County Metropolitan P ollution A dvisory C ommittee meeting and the W I R A 9 meeting, C ouncilmember Trout-Manuel reported she attended the Regional Safety and J ustice C ommittee meeting, the S anta B reakf ast, the B lue R ibbon C ommittee f or Health meeting, the Blue R ibbon Mental Health sub committee meeting, and the Night of the 1,000 Stars in S eaTac. C ouncilmember Wagner stated he will attend a meeting with the Piece C ounty Regional C ouncil next week. B.Fr om the M ayor Mayor B ackus reported she met with children at Kilo Middle S chool (this school is in F ederal Way but has students with an Auburn address). Mayor Page 7 of 8Page 18 of 53 B ackus reported she attended the annual tree lighting at Wesley Homes, the S anta B reakf ast, the Overcomers Covenant Church for the Mission A frica A nnual S miles at Christmas event, S outh Sound C hamber of C ommerce breakfast, the farewell gathering for outgoing K ent Mayor C ook, the Valley R egional Fire A uthority toy give away, and the Gildo Rey holiday festival. Mayor B ackus stated she is saddened to hear about the passing of S umner Mayor Dave E nslow. X I I I .AD J O URNM E NT There being no further business to come bef ore the Council, the meeting adjourned at 8:21 p.m. A P P R O V E D T HE ______ D AY O F ___________________, 2018. NA NC Y B A C K US , MAYO R Shawn C ampbell, Deputy City Clerk 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 revi ew at the City Clerk's Office. Page 8 of 8Page 19 of 53 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers (Coleman) Date: December 26, 2017 Department: Administration Attachments: No Attachments Av ailable Budget Impact: Administrativ e Recommendation: City Council approve Claims Vouchers. Background Summary: 2017 Claims vouchers 446998 through 447001, and vouchers 447003 through 447151 in the amount of $1,616,837.25 and three wire transf ers in the amount of $157,154.09 and dated January 2, 2018. 2018 Claims voucher 447002 and voucher 447152 through voucher 447164 in the amount of $139,579.97 and two wire transfers in the amount of $533,009.01 and dated January 2, 2018. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:January 2, 2018 Item Number:CA.B Page 20 of 53 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers (Coleman) Date: December 26, 2017 Department: Administration Attachments: No Attachments Av ailable Budget Impact: Administrativ e Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 537698 through 537717 in the amount of $505,557.93 and electronic deposit transmissions in the amount of $1,808,548.52 f or a grand total of $2,314,106.45 for the period covering December 14, 2017 to December 27, 2017. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:January 2, 2018 Item Number:CA.C Page 21 of 53 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6661 (Snyder) Date: December 21, 2017 Department: Community Development & Public Works Attachments: Ordinance No. 6661 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council adopt Ordinance No. 6661. Background Summary: On September 6, 2017 the Planning Commission held a public hearing, deliberated and voted to f orward a recommendation to City Council to adopt amendments to Title 18 of the Auburn City Code as it relates to the methodology used to calculate residential density. Ordinance No. 6661, approving the Planning Commission’s recommendation, has been prepared for consideration by City Council. Ordinance No. 6661 was presented to City Council during the December 11, 2017 Council Study Session. Highlights of Ordinance No. 6661 Include: 1. Shif t f rom utilizing a “Net Site Area” methodology to a “Gross Site Area” methodology. 2. Allow for the administrative decision to waive the requirement to meet minimum density when a lot is encumbered by critical areas, conservation easements, utility easements, or other encumbrances that make it impractical to meet the density requirement. 3. Exempt short subdivisions (9 lot subdivisions or less) from the requirement to meet minimum density. 4. Eliminate the requirement that all subdivisions adhere to a “Minimum Average Lot Area”. 5. Reducing the minimum lot size in the R5 zone f rom 6,000 square f eet to 4,500 square feet. Page 22 of 53 Rev iewed by Council Committees: Other: Planning, Legal Councilmember:Staff:Snyder Meeting Date:January 2, 2018 Item Numb er:ORD.A Page 23 of 53 ORDINANCE NO. 6 6 6 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING TITLE 18, OF THE CITY CODE, RELATING TO THE METHODOLOGY USED TO CALCULATE RESIDENTIAL DENSITY AND THE LOT SIZE STANDARDS WITHIN VARIOUS RESIDENTIAL ZONING DESIGNATIONS. WHEREAS, the City Council has an ongoing interest to simplify land use decision making, lower City and customer costs, and to take advantage of enhanced efficiencies; and, WHEREAS, while the City Council strives to implement simplifications and efficiency enhancements, modifications must not sacrifice quality of decision making or public input opportunities; and, WHEREAS, the City's methodology of utilizing a Net Site Area formula for calculating residential densities has resulted in confusion and inconsistent application for staff and developers, places a heavy burden on a property owner when attempting to determine the lot yield that they can achieve when dividing land, and has resulted in lower density subdivisions than were anticipated in long range planning efforts and when establishing land use designations; and, WHEREAS, a Gross Site Area formula is intended to provide easier understanding of lot yield, greater clarity and consistency in code application, and to increase the ability for a developer to achieve the density that is envisioned within the underlying zoning designation; and, WHEREAS, an unintended consequence of establishing minimum density requirements is that smaller lots are difficult to subdivide. Their size, configuration, utility layout, existing development, and surrounding development tend to preclude any subdivision at all. Precluding subdivision of smaller lots is contrary to the City's infill Ordinance No. 6661 December 21, 2018 Page 1 of 10 Page 24 of 53 objectives. Therefore, short plat development requires greater flexibility in order to encourage small lot infill subdivision; and, WHEREAS, while utilization of a Gross Site Area formula will enhance the ability to achieve maximum densities within a zone, strict application will complicate development proposals on lands that are heavily encumbered by features that preclude development. Parcels that are heavily encumbered with critical areas, BPA powerline easements, or conservation easements may result in very limited remaining land area to develop. Therefore, it is appropriate to establish administrative capabilities that allow for the deviation of minimum density requirements in order to enable further division of the remaining developable lot areas; and, WHEREAS, the City's requirement that each subdivision achieve an overall average minimum lot size has had little benefit in the final design and function of new residential communities. Additionally, the minimum lot size within the R-5 zone has been a constraining factor when designing new R-5 communities and the ability to achieve maximum density; and, WHEREAS, the Planning Commission held a publicly advertised meeting on August 8, 2017. The Planning Commission then held a publicly advertised hearing on September 6, 2017. Following public input, the Planning Commission deliberated on the matter and proceeded to vote in favor making a recommendation to City Council approving amendments to Title 18 that revise the methodology for calculating density and for eliminating the requirement that subdivisions incorporate an overall average lot size standard into their layout. The Planning Commission did not vote in favor of staff's recommendation to reduce the minimum lot size in the R-5 zone from 6,000 square feet to 4,500 square feet; and, WHEREAS, pursuant to RCW 36.70A.106, the draft amendments were transmitted to the Washington State Department of Commerce in order to initiate state agency review. The City did not receive any comments from state agencies; and, Ordinance No. 6661 December 21, 2018 Page 2 of 10 Page 25 of 53 WHEREAS, a SEPA environmental checklist was prepared on July 31, 2017. A SEPA environmental threshold Determination of Non-Significance was issued on August 14, 2017. The August 17, 2017 edition of the Seattle Times provided notification of a 15- day public comment period, 15 day appeal period, and notification of the Planning Commission public hearing. The comment period expired on September 1, 2017, the appeal period expired on September 15, 2017, and the public hearing was held on September 6, 2017; and, WHEREAS, on December 11, 2017 staff presented the Planning Commission's recommendation to City Council. Staff also presented the portion of the staff recommendation that the Planning Commission voted against; the reduction of the minimum lot size in the R-5 zone from 6,000 square feet to 4,500 square feet. City Council requested that the Planning Commission recommendation be forwarded to City Council for action and that the ordinance also include the staff recommendation to reduce the minimum lot size in the R-5 zone. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Section 18.02.065 of the Auburn City Code be and the same hereby is amended to read as follows: 18.02.065 Methods of calculating density. The permitted number of dwelling units or lots shall be determined as follows: q-t+ , r-,. r-, Ordinance No. 6661 December 21, 2018 Page 3 of 10 Page 26 of 53 c J T''.."--c'rL r i-v.v c_Ti__I ir rli i-I n i rn n.a..nrJ rritir l ro v iffnr caicmii- h rrlc nl-I r A. Gross Site Area. The qross site area shall be used to calculate both the minimum and maximum number of allowed dwellinq units or lots. 1 . When calculations result in a fraction, the fraction shall be rounded to the earest whole number as follows: i. Fractions of 0.50 or above shall be rounded up; and ii. Fractions below 0.50 shall be rounded down. 2. Calculatinq Base Density. Base density is calculated bv multiplyinq the qross site area bv the upper limit of units or lots allowed within the zone. For example, in the R-5 zone, where the density ranqe allows up to 5 dwellinq units per acre: 4.3 acre qross site area x 5 units per acre = 21 .5 (rounded up to 22) 3. Calculating Minimum Density. Minimum der sifi is calculated by multiplying the qross site area by the lower limit of units or lots allowed within the Zone. For example, in the R-5 zone, where the density ranqe allows as few as 4 dwellinq units per acre: 4.3 acre qross site area x 4 units per acre = 17.2 (rounded down to 17) 4 2ch lot shall meet the requirements established in Chapter 18.07 ACC for lot area. dirnensions. s tbacks. and other develo ent st nd,r s. 5. ^Jh rG a pr posed area for sub iv;slon cannot rreet tne m nimum densitv due t encumberance by critical areas, critical area buffers, or other similar types of features the preclude development, the aqplicant mav seek to deviate from the i Ordinance No. 6661 December 21, 2018 I Page 4 of 10 Page 27 of 53 minimum density which will be reviewed as an administrative decision as part of the subdivision application. If the applicant seeks a variance from the development standards in Chapter 18.07 ACC the variance shall be processed utilizinq the provisions of ACC 18.70.010. Alterations of a critical area or its buffer shal be processed in accordance with Chapter 16.01 ACC. Compliance with the density requirements of the underlyinq zone shall not be used as justification for alteration of a critical area. B. The minimum density requirements shall not apply to short plats that are processed under Chapter 17.09 ACC. r nr o ic throo ir i+c BC. Bonus density, where applicable, shall be computed by adding the bonus units authorized by Chapter 18.25 or 18.49 ACC to the base units computed under this section. e Section 2. Amendment to City Code. That Section 18.04.300 of the Auburn City Code be and the same hereby is amended to read as follows: 14.04.110 Density. Density" is a measure of population, housing units, or building area related to land area, Iand is expressed as a ratio, e.g., one dwelling unit per acre. See ACC 18.02.065 Ordinance No. 6661 December 21, 2018 Page 5 of 10 Page 28 of 53 f o 4 i i ro c t h i ro rl o rl i i r t o i-! f r t.--c':=+'-; h\ +t .f '.' x-'. -—',-^--=:. .'-- ..- •-, f- T--`-r= f Cr.r-ri-'tr-rn-crccrcrcc. the methodclogy for calculatinq density. Section 3. Amendment to City Code. That Section 18.07.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.07.030 Development standards. Table 18.07.030 Residential Development Standards Standard RC R-1 R-5 R-7 R-10 R-16 R-20 A Base density(units per 0.25 1 5 7 10 16 20 net acre) B Minimum density(units 0.25 1 4 5 8 12 15 per net acre) n- 1._, f 38--F-b F l li; . _-'-i i :i-.-.J+i ';J l- G '::;, -i t:;l iJ f T1 t7C Minimum lot area per dwelling unit(square 174,240 35,000 r3 00")-= ,0 4,300 2,000 2,000 2,000 feet) F D 20 for 20 for interior interior 20 for interior Minimum lot width 125 125 50 40 lots; 35 for lots; 35 for lots; 35 for feet)2 exterior exterior exterior lots lots lots E Minimum setbacks feet)z.3 Ordinance No. 6661 II' December 21, 2018 Page 6 of 10 Page 29 of 53 Table 18.07.030 Residential Development Standards Standard RC R-1 R-5 R-7 R-10 R-16 R-20 1 Residence front 35 35 10 10 10 10 10 setback3 2 20 unless alley- Garage(minimum front loaded then 15 setback required from 20 20 20 20 20 20 provided there street access)3 are 20 feet from any garage 3 Setback to any property line for barns, stables, or similar structures for enclosure of large domestic animals 75 X X X X X X For other animals, see the supplemental development standards for animals in ACC 18.31.220 4 Setback to any property line for any corral, exercise yard, or arena for large domestic 35 X X X X X X animals For other animals, see the supplemental development standards Ordinance No. 6661 December 21, 2018 Page7of10 Page 30 of 53 Table 18.07.030 Residential Development Standards Standard RC R-1 R-5 R-7 R-10 R-16 R-20 for animals in ACC 18.31.220 5 Interior side setback 20 10 5 5 5 5 5 6 Street side setback3 35 20 10 10 10 10 10 7 Rear setback3 35 35 20 20 20 20 20 8 Rear setback, detached structure In all zones, 20 ft for structure with vehicular 15 15 10 5 5 5 5 entrance oriented toward street or public alley3 Maximum lot coverage 25 35 40 50 60 70 70 Maximum impervious 25 50 65 75 N/A N/A N/A area (%) I I Maximum building 35 35 35 35 45 45 50 height(feet) I Maximum height of accessory buildings and 35^35 16 16 16 NA NA structures Ordinance No. 6661 December 21, 2018 Page 8 of 10 Page 31 of 53 Table 18.07.030 Residential Development Standards Standard RC R-1 R-5 R-7 R-10 R-16 R-20 Ik J Minimum front setback area landscape strip N/A N/A 5 5 10 10 10 feet) LK Minimum side setback area landscape strip N/A N/A 5 5 10 10 10 feet) IA I; Minimum landscaped N/A N/A N/A N/A 20 20 20 open space(%) 1. o+ ;'o ro. See ACC 18.02.065 for '^'+;,,n „f no+ re no f r minimi,.,., er-s+#-calculatinq density. 2. All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the satisfaction of the city engineer that all required utility infrastructure, access requirements, and street elements can be accommodated in accordance with the design and construction standards. 3. In addition to meeting setback requirements, all structures must meet sight distance requirements in accordance with city design and construction standards. 4. Barns and other specialized structures used for agricultural purposes may exceed the height limits. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, section or Ordinance No. 6661 December 21, 2018 Page 9 of 10 Page 32 of 53 portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance shall be in full force and effect five days after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN ATTEST:NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk APP OVED AS TO F M: niel B. ei , ity Attorney Published: Ordinance No. 6661 II December 21, 2018 Page 10 of 10 Page 33 of 53 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5335 (Snyder) Date: December 21, 2017 Department: CD & PW Attachments: Resolution No. 5335 Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council adopt Resolution No. 5335. Background Summary: Resolution No. 5335 authorizes the Mayor to execute an interlocal agreement with the other jurisdictions of the South County Area Transportation Board (SCATBd). Background: SCATBd is a Board of elected officials representing South King County jurisdictions f or the purpose of inf ormation sharing, consensus building, and coordinating to resolve transportation issues, identif ying priorities, making recommendations, and promoting transportation plans and programs that benefit the South King County area. The Board operates under an interlocal agreement that is revised every 2 to 4 years. The last agreement was approved by the City Council on August 5, 2013 and expires on December 31, 2017. The City Council discussed the agreement on October 23, 2017 and on December 11, 2017. The agreement would provide for the continuation of the Board through December 31, 2019 with the ability to extend through December 31, 2021. The interlocal agreement also adopts Operating Procedures f or the Board. The only revision to the agreement f rom the version previously reviewed by Council is Section 2.1, Item 9 which was added to address the voting authority related to Sound Transit issues. Rev iewed by Council Committees: Councilmember:Staff:Snyder Page 34 of 53 Meeting Date:January 2, 2018 Item Numb er:RES.A Page 35 of 53 RESOLUTION NO. 5 3 3 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE OTHER JURISDICTIONS OF THE SOUTH COUNTY AREA TRANSPORTATION BOARD WHEREAS, THE City of Aubum had entered into agreement with its neighboring cities and transportation related jurisdictions to address the cooperative inter-workings of the other jurisdictions on projects involving area transportation projects; and WHEREAS, the entity through which these multi-agency agreements have been channeled has been the South County Area Transport.a_tion Board SCATBd); and WHEREAS, the purpose of such Agreements has been to recognize the SCATBd as the transportation board for the South King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide; regional, state and federal transportation decisions; and WHEREAS, the participating jurisdictions have commenced negotiation a current Agreement; and WHEREAS, it is appropriate to empower the Mayor to work with the other jurisdictions to conclude negotiafion of a new agreement and to execute the same on behalf of the City of Auburn. Resolution No. 5335 December 4, 2017 Page 1 Page 36 of 53 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute an Agreement with the Couth County Area Transportation Board, which Agreement shall be in substantial conformity with the Agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to impiement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2017. CITY OF AUBURN ATTEST: NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attomey Resolution No. 5335 December 4, 2017 Page 2 Page 37 of 53 1 South County Area Transportation Board Agreement Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Muckleshoot Indian Tribe King County Transmitted to parties for approval and signature on____________. THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called “Algona”; the CITY OF AUBURN, hereafter called “Auburn”; the CITY OF BLACK DIAMOND, hereafter called “Black Diamond”; the CITY OF BURIEN, hereafter called “Burien”; the CITY OF COVINGTON, hereafter called “Covington”; the CITY OF DES MOINES, hereafter called “Des Moines”; the CITY OF ENUMCLAW, hereafter called “Enumclaw”; the CITY OF FEDERAL WAY, hereafter called “Federal Way”; the CITY OF KENT, hereafter called “Kent”; the CITY OF MAPLE VALLEY, hereafter called “Maple Valley”; the CITY OF MILTON, hereafter called “Milton”; the CITY OF NORMANDY PARK, hereafter called “Normandy Park”; the CITY OF PACIFIC, hereafter called “Pacific”; the CITY OF RENTON, hereafter called “Renton”; the CITY OF SEATAC, hereafter called “SeaTac”; the CITY OF TUKWILA, hereafter called “Tukwila”; the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called “King County” as members of the South County Area Transportation Board. WHEREAS, the parties to this agreement recognize that multi-jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board has served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the south King County area; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Exhibit A Page 38 of 53 2 1.0 Purpose of this Agreement The purpose of this Agreement is to recognize the South County Area Transportation Board as the transportation board for the south King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. 2.0 Members and Voting Members shall have full voting rights, limited voting rights or shall be non-voting members, as follows: 2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement shall have full voting rights on all of the following issues before the South County Area Transportation Board, unless otherwise noted, including: 1. Administrative issues, such additional members and use of dues 2. Recommendations to Sound Transit on policies and capital and service plans and implementation. 3. Recommendations to King County on Metro Transit planning, development and implementation of products and services. 4. Identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. 5. Recommendations to WSDOT on policies, programs and projects. 6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 7. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 8. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation-related programs. 9. Only cities within the Sound Transit district (Burien, SeaTac, Tukwila, Normandy Park, Des Moines, Federal Way, Renton, Kent, Auburn, Algona and Pacific) are able to vote on Sound Transit projects. However, the cities in the Sound Transit district are encouraged to seek the input of cities that are adjacent to the Sound Transit district boundaries on Sound Transit projects. 2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add members with limited voting rights on the issues such as those listed below by unanimous vote of the parties to this agreement in attendance at a regular meeting. 1. Recommendations to WSDOT on policies, programs and projects. 2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 3. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 4. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation-related programs. 2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by the South County Area Transportation Board. 2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The Page 39 of 53 3 South County Area Transportation Board may remove non-voting members by a unanimous vote of the parties to the agreement at a regular meeting. 2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area Transportation Board. 3.0 Representation and Conduct 3.1 Representation of city and county members shall be as follows: Full Voting Members Number of Representatives City of Algona 1 City of Auburn 1 City of Black Diamond 1 City of Burien 1 City of Covington 1 City of Des Moines 1 City of Enumclaw 1 City of Federal Way 1 City of Kent 1 City of Maple Valley 1 City of Milton 1 City of Normandy Park 1 City of Pacific 1 City of Renton 1 City of SeaTac 1 City of Tukwila 1 Muckleshoot Indian Tribe 1 King County 3 3.2 Elected officials shall be appointed to the South County Area Transportation Board by their cities and counties for a one-year term. King County representation shall be a maximum of two Councilmembers and the King County Executive. 3.3 Each city or county participating member may appoint an alternate for a one-year term. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.0 Operating Procedures 4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited voting members and non-voting members, if any, dues for limited and non-voting members, if any, and operational issues such as election of officers, formation of subcommittees and rules of order. A chair and vice-chair shall be elected per the operating procedures and shall be responsible for setting meeting agenda, running meetings and any other activities identified in the operating procedures. 5.0 Lead Agency 5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through annual dues, and general administrative and program support for the South County Area Transportation Board. King County assumes wage and benefit costs of its staff performing Lead Agency responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole discretion, shall determine the level of staffing available based upon funding. Page 40 of 53 4 5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area Transportation Board membership rosters and distribution lists; arranging for Board meetings, including scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting summaries. 6.0 Financing and Cost Sharing Guidelines 6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of $100.00 per full voting representatives in annual dues to remain members in good standing. The Lead Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt of the invoice. Members not in good standing shall lose voting rights until the required dues are paid. Additional dues above $100.00, and any dues required by limited or non-voting members, will be determined by the South County Area Transportation Board as prescribed in the operating procedures. Revenue from dues shall be used for special events, public education, or other expenses authorized by the South County Area Transportation Board. The designated Lead Agency shall not be required to pay yearly dues. 6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by June 30 of each year whether additional annual dues above $100.00 per voting representatives will be required of the South County Area Transportation Board member jurisdictions for the following year. 6.3 Additional financial contributions: If additional financial contributions beyond an increase in dues are determined to be necessary, costs shall be shared among all voting members, with an option for King County to recuse itself from further financial obligations. Recused members may not vote on determining the additional financial contribution or uses for the additional funds. 6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a modification to this agreement specifying cost-sharing, purpose, scope of work, administration, collection and disbursement of funds and other details is required in order to obligate a member jurisdiction to funding participation. 7.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to the South County Area Transportation Board and shall pay any dues required to be paid under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. All obligations other than dues cease upon withdrawal. Each party’s funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party’s governing body of sufficient funds. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw from the Agreement. 8.0 Duration Page 41 of 53 5 This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2019, provided that unless terminated earlier in accordance with Section 9.0, this Agreement shall be automatically extended upon the same terms or conditions for another term commencing January 1, 2020 and ending no later than December 31, 2021. 9.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 11.0. 10.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain with the Lead Agency. 11.0 Return of Funds At such time as this Agreement expires without being extended or revised, or is terminated in accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party’s percentage share of the total balance at the time of termination. 12.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 13.0 Legal Relations 13.1 The parties shall comply with all applicable state and federal laws and regulations. 13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party’s obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party’s own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event Page 42 of 53 6 either party incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. 13.4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party’s withdrawal from this Agreement. 14.0 Entirety and Modifications 14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 14.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 15.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. City of Algona City of Auburn City of Black Diamond By:_______________ By:_______________ By:_____________________ Date: _______________ Date: Date:______________ City of Burien City of Covington City of Des Moines By:_______________ By:_______________ By:________________ Date:________ Date:_________ Date: ______________ City of Federal Way City of Kent City of Maple Valley By: By:_______________ By:_________________ Date:______________ Date:_____________ Date: _______________ Page 43 of 53 7 City of Normandy Park City of Pacific City of Renton By:________________ By:_______________ By: Date:_______________ Date: _____________ Date: ______________ City of SeaTac City of Tukwila Muckleshoot Indian Tribe By:_______________ By:________________ By:________________ Date:______________ Date: ______________ Date: ______________ King County City of Enumclaw City of Milton By:_______________ By:________________ By:_______________ Date:______________ Date: ______________ Date:______________ Page 44 of 53 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5338 (Snyder) Date: December 18, 2017 Department: CD & PW Attachments: Resolution No. 5338 Exhibit A Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council adopt Resolution No. 5338. Background Summary: Resolution No. 5338 authorizes the Mayor to accept a state grant f rom the W ashington State Transportation Improvement Board (TIB) in the amount of $263,250.00 to f inance the design and construction of the Auburn Way North Sidewalk I mprovement Project (Project). The TIB grant requires a local funding match of 20.0%. The Project will improve the safety and ef f iciency of Auburn Way North by constructing missing sections of sidewalk, constructing ADA improvements, constructing a Rectangular Rapid Flashing Beacon (RRFB) at the intersection with Auburn Avenue, and installing LED lighting. I t is anticipated that this project will begin construction in late summer of 2018. Funding has been made available in the 102 Arterial Street fund to meet the local f unding match requirements of the grant. Rev iewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:January 2, 2018 Item Numb er:RES.B Page 45 of 53 RESOLUTION NO. 5 3 3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ACCEPTING A GRANT FROM THE WABHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD FOR DESIGN AND CONSTRUCTION OF THE AUBURN WAY NORTH SIDEWALK IMPROVEMENT PROJECT WHEREAS, the Gity of Auburn desires to improve safety and efficiency of Aubum Way North; and WHEREAS, the need for sidewalk improvements on Aubum Way North is recognized in Auburn's adopted Transportation Improvement Program; and WHEREAS, completing this Project will improve the safety and efficiency of Auburn Way North; and WHEREAS, the City received a grant in the amount of $263,250.00 from the Washington State Transportation Improvement Board (TIB) to assist in the design and construction of the Auburn Way North Sidewalk Improvement project (Project); and WHEREAS, the TIB grant requires a local funding match of$87,750:00; and WHEREAS, funding has been made available in the approved City budget to meet the local funding match requirements for the grant; and WHEREAS, it is in the best interest of the City to use grant monies to finance capital improvements to the transportation system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5338 Deeember 6, 2017 Page 1 Page 46 of 53 Section 1. That the Mayor is hereby authorized to execute an agreement in substantial conformity with the agreement attached hereto, marked as Exhibit "A" incorporated herein aecepting the grant for $263,250.00 for the Auburn Way North Sidewalk Improvement Project. 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 BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPR VED S TO FORM: aniel B. Heid, i y Attorney Resolution No: 5338 December 6, 2017 Page 2 Page 47 of 53 Exhibit A Page 48 of 53 Page 49 of 53 Page 50 of 53 Page 51 of 53 Page 52 of 53 0 125 250 1" : 250' N Page 53 of 53