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Home My WebLink About02-26-2018 COUNCIL STUDY SESSION AGENDACity Council Study Session P W C D S FA February 26, 2018 - 5:30 P M Council Chambers - City Hall A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R A .Roll Call I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Developer Fee Cost of S ervice S tudy (30 Minutes) (Coleman) B .B I A Update (15 Minutes) (Hinman) C.Resolution No. 5350 (10 Minutes) (Hinman) A Resolution of the City Council of the City of A uburn, Washington, approving the L odging Tax Grant disbursements recommended by the A uburn L odging Tax Advisory Committee I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS A .Ordinance No. 6675 (10 Minutes) (Tate) Ordinance No. 6675, City-initiated Rezones to implement previous A nnual Comprehensive P lan A mendments B .Mobile Home Closure Process (20 Minutes) (Tate) Overview of the City and State regulations that define the requirements and process for closing an existing mobile home park C.Capital P roject S tatus Report (15 Minutes) (Gaub) D.Ordinance No. 6672 (10 Minutes) (Gaub) A n Ordinance of the City Council of the City of A uburn, Washington, amending Chapter 12.12 of the City Code relating to public sidewalks E .Ordinance No.6679 (10 Minutes) (Gaub) A n Ordinance of the City Council of the City of A uburn, Washington, amending S ections 3.10.020, 3.10.025, 3.10.026, 3.12.020, 3.12.030, 3.12.060, 3.12.070 A nd 3.12.080 of the City Code and creating a new Section 3.10.060 of the City Code relating to public contracting F.I T Update (15 Minutes) (Haugan) V.O T HE R D I S C US S I O N I T E MS V I .NE W B US I NE S S Page 1 of 89 V I I .MAT R I X A .Matrix V I I I .A D J O UR NME 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 review at the City Clerk's Office. Page 2 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Developer Fee Cost of Service Study (30 Minutes) (Coleman) Date: February 21, 2018 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Administrativ e Recommendation: Information only Background Summary: In May 2017, the City contracted with Financial Consulting Services Group (FCS) to perform a study to determine the cost of providing developer fee-related services, compare those costs to actual fees charged, and provide recommendations for establishing cost recovery policies for future developer fees. During the Council study session, the consultant will discuss their approach, provide preliminary results and a comparison of Auburn’s fees to other area cities, and identify key policy issues for Council consideration. The consultant’s presentation will focus on overall program level results (i.e., building, planning, and engineering) but the analysis determined the cost recovery for each individual fixed fee. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:February 26, 2018 Item Number: Page 3 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: BIA Update (15 Minutes) (Hinman) Date: February 21, 2018 Department: Administration Attachments: BIA Update Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Hinman Meeting Date:February 26, 2018 Item Number: Page 4 of 89 Business Improvement Area Committee of Ratepayers February 26 City Council Study Session • New Business BIA Fees A new start-up business within the BIA that is not exempt will have the first year fee prorated through the end of the current year. • Current Items under study by BIA Committee • Additional security lighting • Nightly garbage pickup & removal of trash containers • Hanging planters throughout the entire BIA • Lighting in trees • Lighting across streets • New banners down Main Street and Division Street • Replacement of Christmas decorations • Better maintenance on existing street lights • Establish an infrastructure in the downtown area that provides accessible power, restrooms, etc., to allow for events and activities in the downtown area • Tables, chairs, tents for event activities • Permit parking for downtown employees Page 5 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5350 (10 Minutes) (Hinman) Date: February 21, 2018 Department: Administration Attachments: Res olution No. 5350 Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Hinman Meeting Date:February 26, 2018 Item Number: Page 6 of 89 ---------------------------- Resolution No. 5350 February 15, 2018 Page 1 of 3 RESOLUTION NO. 5 3 5 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE LODGING TAX GRANT DISBURSEMENTS RECOMMENDED BY THE AUBURN LODGING TAX ADVISORY COMMITTEE WHEREAS, the City of Auburn has businesses within its corporate limits that collects lodging tax dollars in accordance with Chapter 67.28 of the Revised Code of Washington (RCW); and WHEREAS, the City of Auburn has a lodging tax advisory committee, the Auburn Lodging Tax Advisory Committee, established pursuant to Chapter 2.77 of the Auburn City Code (ACC), in accordance with RCW 67.28.1817; and WHEREAS, pursuant to ACC 2.77.060, the Lodging Tax Advisory Committee makes recommendations to the City Council on tourism promotion and tourism related issues; and WHEREAS, also pursuant to ACC 2.77.060 , the Tourism Board shall assist the City Council in formulating strategies for tourism related activities and programs geared to promote the city of Auburn as a tourist destination, and shall make recommendations to the City Council on tourism promotion and tourism related issues; and WHEREAS, on February 6, 2018, the Auburn Lodging Tax Advisory Committee met to consider proposals for expending lodging tax dollars (taxes collected in accordance with Chapter 67.28 RCW), and consider proposals from various different potential recipients in terms of expanding lodging tax dollars in a way to promote the City of Auburn as a tourist destination; and Page 7 of 89 ---------------------------- Resolution No. 5350 February 15, 2018 Page 2 of 3 WHEREAS, after the February 6, 2018 meeting, the Lodging Tax Advisory Committee voted on the proposals and requests they received for expenditure of lodging tax dollars; and WHEREAS, the Lodging Tax Advisory Committee have submitted their recommendations for expenditure of lodging tax dollars to the City Council for consideration and approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Approval of Recommendations. The City Council hereby approves and endorses the expenditure of lodging tax dollars in accordance with the lodging tax disbursements recommended by the Auburn Lodging Tax Advisory Committee as shown on the lodging tax grants/recommended disbursements list, a copy of which is attached hereto, marked as exhibit “A” and Incorporated herein by this reference. Section 2. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2018. CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR Page 8 of 89 ---------------------------- Resolution No. 5350 February 15, 2018 Page 3 of 3 ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Page 9 of 89 RESOLUTION NO. 5350 EXHIBIT A 2018 Lodging Tax Grants Motion: Committee Member Faltenburger moved to recommend giving a $7,500.00 grant to the Tough Mudder, Inc., $3,500.00 to the City of Auburn Parks, Arts and Recreation for the City of Auburn Petpalooza, $2,000.00 to the Seattle Parrot Expo, and $3,500.00 to the City of Auburn Parks, Arts and Recreation for the 2018 City of Auburn Veterans Parade and Observance. Committee Member Sohal seconded the motion. Motion passed unanimously. Event: Veterans Day Parade ____________________________ Amount Requested: $3,500.00 • Funds for digital marketing on social media throughout the state focusing on Veterans, supporters of Veterans, active military, the military base cities outside of a 50+ mile radius. • Event to be held November 10, 2018. • Previous parades with 25,000 people in attendance and 6,000 parade participants. • Puts heads in beds with from parade participants and band competition. Event: Petpalooza ___________________ Amount Requested: $5,000.00 • 2017 Attendance: 9,000 attendance • Event is on May 19, 2018. • Funds are for advertising event • This beloved Auburn annual event puts heads in beds. Event: Tough Mudder __________________ Amount Requested: $7,500.00 • Two Day Event, it is a team oriented obstacle course challenge • 2017 Attendance 9,172 • Event is on September 22 & 23, 2018 • 55% of out of market attendees stayed in hotels for the event at 1.6 average length of stay. • Will use funds for Digital Advertising for national promotional advertising on Facebook, Google AdWords and Bing advertising, and Google Display Network digital advertising and video promotional campaigns. Event: Seattle Parrot Expo _____________ Amount Requested: $2,000.00 • Free to the Public, three day event on October 12, 13, 14, 2018 • 2017 Attendance 1,200 during the two day event • The event is organized to open communication about parrots in the wild, as pets via a 25 bird aviary; educational games, children’s story time, and free-flying parrots. • Will use funds for event promotion, directional signage, and ad in the Auburn Reporter. 2018 Total Grants Recommended by the LTAC: $16,500.00 Approved Amount $3,500.00 Approved Amount $7,500.00 Approved Amount $3,500.00 Approved Amount $2,000.00 Page 10 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6675 (10 Minutes) (Tate) Date: February 14, 2018 Department: Community Development & Public Works Attachments: Exhibit 1 - Agenda Bill Exhibit 2 - Ordinance No. 6675 Exhibit 3 - Vicinity Maps for both sites Exhibit 4 - Zoning Maps for current and proposed zoning Exhibit 5 - 2015 Arial Photograph for both sites Exhibit 6 - Determination of Non-Significance (DNS) for SEP17-0014 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Please see the attached Agenda Bill. Rev iewed by Council Committees: Councilmember:Staff:Tate Meeting Date:February 26, 2018 Item Number: Page 11 of 89 AGENDA BILL APPROVAL FORM Page 1 of 14 Agenda Subject Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 Department: Community Development & Public Works Attachments: See listing at end of report Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6675 approving the City-initiated Zoning Map Amendment (Rezone) APPLICANT: City of Auburn Planning Division Dept. of Community Development & Public Works 25 West Main ST Auburn, WA 98001-4998 REQUEST: File No. REZ18-0001 City-initiated rezoning of five parcels in two locations to implement recent Comprehensive Plan map amendments; The first group is 4 privately-owned, previously developed parcels changing from "DUC, Downtown Urban Center" to "M1, Light Industrial" to recognize and be more compatible with developed status of the properties. The other location is a 0.98-acre city-owned park parcel from "R-20, Residential Zone, 20 units to the acre” to "I, Institutional" in response to recent City ownership as a developed park. LOCATION: The four contiguous parcels located on the east of C ST NW between W Main ST and 3rd ST NW, with the following parcel numbers and addresses: 5401600175/232 C ST NW; 5401600200/(No address); 5401600235/301 2nd ST NW; 5401600260/(No address) within the NE quarter of Section 13, Township 21 North, Range 4 East, W.M. The remaining parcel is located south of SE 310th ST, approx. 820 feet west of 124th Ave SE, with the following Parcel No. 0921059073 (no address) within the NW quarter of Section 9, Township 21 North, Range 5 East, W.M. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Tate Meeting Date: February 26, 2018 Item Number: Page 12 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 EXISTING ZONING: The first group is 4 privately-owned, parcels currently zoned "DUC, Downtown Urban Center". The other location is a 0.98-acre city-owned park parcel currently zoned “R-20, Residential Zone, 20 dwelling units to the acre". EXISTING COM- The first group is 4 privately-owned, previously developed parcels that PREHENSIVE have a comprehensive plan designation of “Light Industrial". The other PLAN DESIG- location is a 0.98-acre city-owned park parcel that has a comprehensive NATION: plan designation of "Institutional". Both locations were recently changed as part of the City’s Annual Comprehensive Plan amendments adopted by Ordinance No. 6667 on December 18, 2017. SEPA STATUS: A Determination of Non-Significance (DNS) was issued under City file SEP17-0014 on September 19, 2017. The comment period ended October 3, 2017, and the appeal period ended October 17, 2017. No comments or appeals were received. The Comprehensive Plan designation, zoning classification and land uses of the site and surrounding properties for the first group of 4 parcels are as follows: Comprehensive Plan Designation Zoning Classification Existing Land Use On- Site "Light Industrial” DUC, Downtown Urban Center Warehouse, bulk propane tank, storage building, parking lot. North “Heavy Industrial” M1, Light Industrial, Single-family residences & vehicle fueling station South “Downtown Urban Center” DUC, Downtown Urban Center Auto body repair shop East "Light Industrial” DUC, Downtown Urban Center with M1, Light Industrial, beyond Railroad line and vehicle fuel distribution business West “Downtown Urban Center” DUC, Downtown Urban Center single-family residences and irrigation contractor business across C ST NW Page 13 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 VICINTY MAP ^ North Page 14 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 The Comprehensive Plan designation, zoning classification and land uses of the site and surrounding properties for the second location is as follows: Comprehensive Plan Designation Zoning Classification Existing Land Use On- Site "Institutional” R-20, Residential (Twenty dwelling units per acre) City-owned park North “Single-Family Residential” R5, Residential (Five dwelling units per acre) Multiple family apartments South "Multiple Family Residential” R-20, Residential (Twenty dwelling units per acre) Multiple family apartments East "Multiple Family Residential"” R-20, Residential (Twenty dwelling units per acre) Multiple family apartments West “Single-Family Residential” R5, Residential (Five dwelling units to the acre)b Single-family residences Page 15 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 VICINTY MAP ^ North Page 16 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 A. FINDINGS The City identified the Comprehensive Plan Map Amendment and associated step of rezoning these parcels as part of the actions for the annual Comprehensive Plan amendments. This City-initiated proposal consists of changing the zoning classification of the following 5 properties: Parcel ID Number/ address Property owner Parcel Size Comprehensive Plan Designation Existing Zoning Classification Current Land Use 5401600175/ 232 C ST NW Ho & Nancy Kim 0.7 acres Downtown Urban Center DUC, Downtown Urban Center Former Del’s Farm Supply consisting of 5,238 sq. ft. of warehouse & 1,500 sq. ft. of attached office/store. Currently unoccupied/ 5401600200/ (No address) Ho & Nancy Kim 0.06 acres Downtown Urban Center DUC, Downtown Urban Center Former railroad spur line bisecting parcel -0200 currently vacant 5401600235/ 301 2nd ST NW CHS Inc. 0.34 acres Downtown Urban Center DUC, Downtown Urban Center Cenex bulk propane storage tanks 5401600260/ (No address) Gary & Karen Stamps 0.24 acres Downtown Urban Center DUC, Downtown Urban Center Parking lot /vacant Parcel ID Number/ address Property owner Parcel Size Comprehensive Plan Designation Existing Zoning Classification Current Land Use Parcel No. 0921059073 (no address) City of Auburn 0.98 acres Institutional R-20, Residential (Twenty dwelling units per acre) Developed city park 1. The first group of parcels border C ST NW, which is classified by the City’s Comprehensive Transportation Plan as a “Minor Arterial”. The northern most parcel also borders 3rd ST NW, which is also classified as a “Minor Arterial”. The second location borders SE 310th ST, which is classified as a “Local Residential” street. 2. All of the properties are developed, or if now vacant, have previously been developed. All the sites are relatively flat and do not contain environmentally critical areas. History of Existing Development 3. The first group of parcels were part of the oldest city limits originally incorporated in 1890. Ordinance No. 6121 annexed the second location to the City as part of Lea Hill annexation area effective in 2008. Page 17 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 4. For the first group of parcels, the land use designations and zoning for the subject properties have not been re-evaluated for many years and therefore have not considered the continued appropriateness of the land use designations. The boundaries of the DUC, Downtown Urban Center zoning district were originally adopted in 2007 when the city was desirous of establishing a downtown center zoning classification over a broad area. While the justification for the establishment of the boundaries cannot be precisely recreated, it may have been contemplated that the properties would likely redevelop, but this has not happened. The contiguous sites are located at the northern margin of the “Downtown Urban Center" Comprehensive Plan designation and bordered to the north and the east by properties with an “Industrial” designation. The sites align in a row north to south and are bordered by public streets of C ST NW to the west, 3rd ST NW to the north and by the Burlington Northern railroad to the east. The automobile body shop of A-1 Collision borders the sites to the south. The two largest parcels, Parcel No. 5401600175 (0.7 acres) and Parcel No. 5401600235 (0.34 acres) have been developed for more than 25 years with structures and facilities that are more appropriate characterized as “industrial uses” than suburban downtown development. The configuration and location of the properties sandwiched between transportation corridors makes them less suitable for redevelopment as downtown service or retail type uses geared to leisure shopping and that would be appropriately subject to strict architectural and site design requirements. Due to the number of recent zoning inquiries, the City staff has increasing become aware of the difficulty of the property owner in finding tenants that can occupy the former Del’s Farm Supply building and meet the zoning use regulations of the DUC zoning district. Few uses are capable of using the building with few physical alterations in order to avoid triggering consistency with Downtown Design Standards and significant upgrades. 5. Related to the second site, in 1996 the 0.98-acre property was part of a larger 2.23- acre property ownership by Schneider Homes Inc. that was proposed for development as the ‘Pasafino Apartments’ while in unincorporated King County prior to annexation to the City of Auburn. In 1996 a ‘Petition for Annexation Agreement and Declaration of Covenant’ was executed between the City and Schneider Homes Inc. in order for the City to provide water and sewer services to the proposed apartment development located outside the city, but within the city’s established utility service area. An ‘Amended Petition for Annexation Agreement and Declaration of Covenant’ was executed on April 21, 1997. The Agreements provided that as a condition of the City providing water and sewer utility services, Schneider Homes Inc. would develop a park, and after annexation, convey the developed park land to the City of Auburn without obligation or cost. At the time of transfer, the city parks department would assume maintenance responsibility. Ordinance No. 6121 annexed the property to the City of Auburn effective in 2008; however, the transfer of ownership of the park land did not take place for many more years since the park land was not a separate parcel that could be deeded separately to the City. Schneider Homes Inc. filed a Boundary Line Adjustment (BLA) application (File #BLA14-0005) in May of 2014 to establish the park land as a separate parcel. The processing of the BLA was delayed due to changes in property ownership interest on the part of Schneider Homes Inc. for refinancing purposes. The BLA was subsequently approved by the City and recorded on November 2, 2016 (Recording #20161102900004) and the property subsequently conveyed to the City. The park is depicted as “Village Square Park” on the city website. Page 18 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 It was previously appropriate to have the Comprehensive Plan land use designation of “Multiple Family Residential" applicable to the site when it was privately-owned and part of a larger parcel that is mainly developed with apartments. However, now that Parcel No. 0921059073 is a separate parcel (as a result of the boundary line adjustment and deed), owned by the City and developed for park purposes, it is appropriate for it to have the zoning classification be: “I, Institutional” to implement and correspond with the “Institutional” land use designation of the Comprehensive Plan. This is the same zoning classification applied to other City park properties. Relationship of Comprehensive Plan Annual Amendments and the Rezone Processing 6. At its October 18, 2017 public hearing, the Planning Commission reviewed the related Comprehensive Plan Map amendment CPM #3 (File No. CPA17-0001, City-initiated Map amendment) to change Map No. 1.1 and change the Comprehensive Plan designation of the 4 parcels from "Downtown Urban Center" to "Light Industrial" to recognize and be more compatible with developed status of the properties. At this same public hearing, the Planning Commission reviewed the related Comprehensive Plan Map amendment CPM #2 (File No. CPA17-0001, City-initiated Map amendment) to change Map No. 1.1 and change the Comprehensive Plan designation of a 0.98-acre city- owned park parcel from "Multiple Family Residential" to "Institutional" in response to recent City ownership as a developed park. At the conclusion of the hearing, the Planning Commission forwarded its recommendation for approval of the comprehensive plan map changes to the City Council. 7. At its November 27, 2017 Study Session, the City Council reviewed the Amendments and the draft Ordinance No. 6667. On December 18, 2017, the City Council approved Ordinance No. 6667 approving both sets of Comprehensive Plan Map amendments, among others. These proposed rezones implement the corresponding Comprehensive Plan designations of “Light Industrial” as identified on Page LU-11; and of the “Institutional” as found on Page LU- 14, of the Comprehensive Plan. 8. In June 2017 the City Council adopted Ordinance No. 6655 which allows the Planning Commission and City Council to consider associated map changes (for Comprehensive Plan and Zoning map amendments), concurrently. This eliminates the need for the rezone (zoning map amendment) to subsequently be heard and decided by the Planning Commission or Hearing Examiner through a separately scheduled hearing when it is related to a Comprehensive Plan map amendment. While several Comprehensive Plan and Zoning map amendments were concurrently considered at the Planning Commission at their October 18, 2017 hearing and by the City Council approval of Ordinance No. 6667, on December 18, 2017. The public noticing step was not performed for the rezoning associated with these changes and as a result, they are being considered in sequence, rather than concurrently in order to ensure that the proper procedures are followed. Page 19 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 9. On February 6, 2018, the Planning Commission conducted a duly noticed public hearing on the rezone. There were no public comments submitted and no one testified at the hearing. 10. Pursuant to ACC 18.68.030 ((Zoning Amendments) Public hearing process) provides that the city may initiate rezone actions. 11. Pursuant to ACC 18.68.030 and ACC 18.68.040, for all rezones initiated by the City, the Planning Commission shall conduct a public hearing and make a recommendation to the City Council. “18.68.030 Public hearing process. B. Zoning Map Amendments. . . . 2. Areawide Zoning and Rezoning, Initiated by the City. The planning commission shall conduct a public hearing and make a recommendation to the city council. If applicable, a comprehensive plan amendment may also be processed. C. City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6655 § 1, 2017; Ord. 6442 § 26, 2012; Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)” 12. Pursuant to 18.68.040, ((Zoning Amendments) Public hearing notice requirements) the following public notice is required. B. Zoning Map Amendments. . . . 2. Rezones, Including Area wide Zoning, Initiated by the City. a. Planning Commission. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing. Additional mailing or posting of notices may, at the option of the planning commission, be required. b. City Council. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing. Additional mailing or posting of the notices may, at the option of the city council, be required. (Ord. 6655 § 2, 2017; Ord. 6198 § 5, 2008; Ord. 6185 § 9, 2008; Ord. 5811 § 8, 2003; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) 13. A notice of public hearing was issued and published in the Seattle Times on January 23, 2018 and on the same date mailed to the property owners within 300 feet of the subject site, and posted at 3 public locations meeting the notification requirements. 14. Per ACC 18.23.020(G), the stated purpose of the “M-1, Light Industrial” zoning district is to: “G. M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to Page 20 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made.” “The character of this zone will limit the type of primary activities which may be conducted outside of enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage, should be strictly regulated within this zone.” 15. Per ACC 18.35.020(D), the stated intent of the “I, Institutional” zoning district is to: “D. I Institutional Zone. The I zone is intended to provide an area wherein educational, governmental, theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones.” 16. A Determination of Non-Significance (DNS) was issued under City file SEP17-0014 on September 19, 2017. The comment period ended October 3, 2017, and the appeal period ended October 17, 2017. No comments or appeals were received. B. CONCLUSIONS: Chapter 18.68 ACC ((Zoning Code) Amendments) provides very limited criteria for approval of a rezone. Following is a Staff analysis of the requested change with the criteria. 1. The rezone must be consistent with the Comprehensive Plan. Staff analysis: The purpose of the City’s Comprehensive Plan document is to provide a policy basis for the future zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are consistent as required by the following City Code section: “ACC 14.22.050 Conformance and consistency. The zoning, land division and other development codes contained or referenced within the Auburn City Code shall be consistent with, and implement the intent of, the Comprehensive Plan. Capital budget decisions shall be made in conformity with the Comprehensive Plan. “ On December 18, 2017, the City Council approved Ordinance No. 6667 approving the change in Comprehensive Plan designation for both locations. Page 21 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 Related to this first set of property changes, the Comprehensive Plan contains policy guidance. Specifically, Volume 1, “Land Use”, starting at Page LU-11 provides the following purpose and description of the ‘Light Industrial’ Comprehensive Plan designation: “Light Industrial Designation Description This category is intended to accommodate a wide range of industrial and commercial uses. This designation is intended to provide an attractive location for manufacturing, processing and assembling land use activities that contribute to quality surroundings. A wide variety of appropriate commercial uses in this designation benefit from the location, access, physical configuration, and building types of these properties. It is distinguished from heavier industrial uses by means of performance criteria. All significant activities shall take place inside buildings, and the processing or storage of hazardous materials shall be strictly controlled and permitted only as an incidental part of another use” “Designation Criteria 1. Previously developed light industrial areas; or 2. Located along high-visibility corridors; 3. Provides buffering for heavy industrial areas or is buffered from the single- family designation by landscaping, environmental features, or the Residential Transition designation and buffered from all other Residential designations; and 4. Meets the development parameters of the Light Industrial designation.” “Implementing Zoning Designations “M-1, Light Industrial” Consistent with policy discussion in the Comprehensive Plan, the first set of properties proposed for rezoning are already developed with industrial uses and the sites are located along heavily traveled roadway corridors, as evidenced by their “Minor Arterial” classification. The Comprehensive Plan document provides various policies, which address light industrial development in order to meet community goals. The following policy applicable to light industrial areas is relevant to the rezoning request. “LU-82 A wide range of commercial activities may be allowed to provide increased opportunities for sales tax revenue.” Related to this second location, the Comprehensive Plan contains policy guidance. Volume 1, Land Use, starting at Page LU-14 provides the following purpose and description of the “Institutional” Comprehensive Plan designation: “Institutional Designation Description This category includes those areas that are re served for public or institutional uses. These public uses include public schools and institutional uses such as large churches and schools. It is also intended to include those of a significant impact, and not those smaller public uses that are consistent with and may be included in another designation. Page 22 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 For example, public uses of an industrial character are included in the industrial designation, and small-scale religious institution of a residential character are included in the residential designation.” “Designation Criteria Previously developed institutional uses; or located along major arterial streets; Properties that are buffered from the single-family designation by landscaping, environmental features, or the Residential Transition designation and buffered from all other Residential designations; and meets the development parameters of the Institutional designation. Properties identified in the Airport Master Plan as “Landing Field.” “Implementing Zoning Designations I, Institutional LF, Landing Field” Consistent with policy discussion in the Comprehensive Plan, this second location is proposed for rezoning to “I, Institutional” and is already developed as a public park. While the site borders single family uses to the west and multiple family uses to the east and south; the low development intensity as a public park with passive recreational uses and mature landscaping serve to make the use compatible with adjacent residential uses. “LU-103 This designation permits a wide array of uses that tend to be located in the midst of other dissimilar uses. For this reason, special emphasis should be directed at the following: a. The appropriateness of new requests for this designation and the impacts that it may have on the surrounding community. b. Site-specific conditions that should be attached to the granting of new requests for this designation that are designed to mitigate impacts on the surrounding community. c. Site-specific conditions that should be attached to development proposals that are designed to mitigate impacts on the surrounding community. The proposed “I, Institutional” zoning is different than surrounding zoning classifications. The site borders single-family uses to the west and multiple family uses to the east and south and the low development intensity as a public park, along with the passive recreational uses with mature landscaping serve to make the use compatible with adjacent residential uses. 2. The rezone must be initiated by the City in order for the Planning Commission to provide a recommendation on the request. Page 23 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 Staff Analysis: The rezone application was initiated by the City. The property owners and nearby property owners received notice of the Comprehensive Plan amendments prior to the Planning Commission’s hearing in October of 2017 and prior to the rezone hearing in February 6, 2018. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Staff Analysis: Further changes or intensification beyond the change in designation as proposed are not anticipated. In addition, Washington case law has identified other criteria for rezone applications (See Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (Conditions must have changed since the original zoning was established and the proposed rezone must bear a substantial relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001) (Proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare; provided, that a showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan.) a. Conditions in the area must have changed since the original zoning was established. Staff Analysis: The rezone proposal implements the Comprehensive Plan land use designation for the subject properties. As mentioned under the Findings of Fact, a Comprehensive Plan map amendment was processed at the end of 2017 and approved by the City Council Ordinance No. 6667, as a changed condition. The proposed rezone would adjust the zoning of the property to correspond and be consistent with the Comprehensive Plan designation. Showing that a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan. b. The proposed rezone must bear a substantial relationship to the general welfare of the community. Staff Analysis: Rezoning the subject properties from "DUC, Downtown Urban Center" to "M- 1, Light Industrial" and from "R-20, Residential Zone 20 units to the acre" to "I, Institutional" will align the zoning district to the already changed Comprehensive Plan designation. As noted above, Volume 1, ‘Land Use’, provides various policies related to meeting community and growth management goals. The zoning change will assist in implementing these goals benefitting the community and general welfare. C. PLANNING COMMISSION RECOMMENDATION The Planning Commission issued a recommendation of approval on February 6, 2018 without conditions. D. EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Ordinance No. 6675 Exhibit 3 Vicinity Map for both sites Page 24 of 89 Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map Amendment (Rezone), REZ18-0001 Date: February 20, 2018 Exhibit 4 Zoning Map showing the current and proposed zoning for both sites Exhibit 5 2015 Aerial Photograph for both sites Exhibit 6 Determination of Non-Significance (DNS) (File No. SEP17-0014) dated September 19, 2017. Page 25 of 89 -------------------------- Ordinance No. 6675 February 12, 2018 Page 1 ORDINANCE NO. 6 6 7 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE CITY- INITIATED REZONING OF FOUR PARCELS TOTALING APPROXIMATELY 1.34 ACRES LOCATED EAST OF C ST NW, BETWEEN W MAIN ST AND 3RD ST NW FROM DUC, DOWNTOWN URBAN CENTER TO M1, LIGHT INDUSTRIAL, AND THE CITY-INITATED REZONING OF AN APPROXIMATELY 0.98-ACRE PARCEL ON THE SOUTH SIDE OF SE 310TH ST, WEST OF 124TH AV SE FROM R-20, RESIDENTIAL ZONE 20 UNITS TO THE ACRE, TO I, INSTITUTIONAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY’S ZONING MAPS WHEREAS, the City Council of the City of Auburn, W ashington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the City Council of the City of Auburn adopted a substantially revised Comprehensive Plan by Ordinance No. 6584 to comply with the periodic update required by the Washington State Growth Management Act; and WHEREAS, on February 5, 2018, the City of Auburn reaffirmed that action with the adoption of Resolution No. 5341; and Page 26 of 89 -------------------------- Ordinance No. 6675 February 12, 2018 Page 2 WHEREAS, the City initiated a rezone application (File #REZ18-0001) on December 18, 2017, for four parcels located east of C ST NW identified by King County, Washington tax parcel numbers 5401600175, 5401600200, 5401600235, and 5401600260 and for a parcel located south of SE 310th ST identified by King County, Washington tax parcel number 0921059073; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City’s official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Planning Commission on February 6, 2018 conducted a public hearing on the proposed City-Initiated Rezone; and WHEREAS, at the public hearing the City of Auburn Planning Commission heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Planning Commission made a recommendation to the City Council on the proposed City-Initiated Rezone; and WHEREAS, on, February 26, 2018, the Auburn City Council considered the proposed City-Initiated Rezone; as recommended by the City of Auburn Planning Commission; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council (“Council”) adopts and approves the City-Initiated Rezone to change four parcels totaling approximately 1.34 acres located east of C ST NW from “DUC, Downtown Urban Center”, to “M-1, Light Industrial” and to change an Page 27 of 89 -------------------------- Ordinance No. 6675 February 12, 2018 Page 3 approximately 0.98-acre parcel located south of SE 310th St from “R-20, Residential Zone 20 Units to the Acre” to "I, Institutional" and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law in the Planning Commission’s recommendations, as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is the City of Auburn. 2. Hearing. A public hearing was held by the Planning Commission on the proposed rezone on February 6, 2018 at 7:00 p.m. at the City Council Chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The City as applicant has requested a rezone of five parcels in two locations; four privately-owned, developed parcels totaling approximately 1.34 acres changing from "DUC, Downtown Urban Center" to "M1, Light Industrial" to recognize and be more compatible with developed status of the properties. The other location is an approximately 0.98-acre city-owned parcel changing from "R- 20, Residential Zone 20 Units to the Acre” to "I, Institutional" in response to recent City ownership as a developed park. The underlying comprehensive plan land use map designations of the parcels were amended to “Light Industrial” and to “Institutional“, respectively, by City Ordinance No. 6667 adopted on December 18, 2017. 4. Characteristics of the Areas. For the first group of parcels, the land use designations and zoning for the subject properties have not been re-evaluated for many years and therefore have not considered the continued appropriateness of the land use Page 28 of 89 -------------------------- Ordinance No. 6675 February 12, 2018 Page 4 designations. The boundaries of the DUC, Downtown Urban Center zoning district were originally adopted in 2007 when the city was desirous of establishing a downtown center zoning classification over a large area. While the justification for the establishment of the boundaries cannot be precisely recreated, it may have been contemplated that the properties would redevelop, but this has not happened. The contiguous sites are located at the northern margin of the “Downtown Urban Center" Comprehensive Plan designation and bordered to the north and the east by properties with an industrial designation. The sites align in a row north to south and are bordered by public streets of C ST NW to the west, 3rd ST NW to the north and by the Burlington Northern railroad to the east. The automobile body shop of A-1 Collision borders the sites to the south. The two largest parcels, Parcel No. 5401600175 (0.7 acres) and Parcel No. 5401600235 (0.34 acres) have been developed for more than 25 years with structures and facilities that are more appropriate characterized as “industrial uses” than suburban downtown development. The configuration and location of the properties sandwiched between transportation corridors makes them less suitable for redevelopment as downtown service or retail type uses geared to leisure shopping and that would be subject to strict architectural and site design requirements. Also, due to the number of recent zoning inquiries, the City staff has increasing become aware of the difficulty of the property owner in finding tenants that can occupy the former farm supply building and meet the zoning use regulations of the DUC zoning district. Also, few uses are capable of using the building with few physical alterations in order to avoid triggering consistency with Downtown Design Standards and significant upgrades. Related to the second site, in 1996 the 0.98-acre property was part of a larger 2.23-acre property ownership by Schneider Homes Inc. that was proposed for development as the ‘Pasafino Apartments’ while in unincorporated King County prior to annexation to the City of Auburn. In 1996 a ‘Petition for Annexation Agreement and Declaration of Covenant’ was executed between the City and Schneider Homes Inc. in order for the City to provide water and sewer services to the proposed apartment development located outside the city, but within the city’s established utility service area. An ‘Amended Petition for Annexation Agreement and Declaration of Covenant’ was executed on April 21, 1997. The Agreements provided that as a condition of the City providing water and sewer utility services, Schneider Homes Inc. would develop a park, and after annexation, convey the developed park land to the City of Auburn without obligation or cost. At the time of transfer, the city parks department would assume maintenance responsibility. The property was annexed to the City of Auburn effective in 2008 by Ordinance No. 6121; however, the transfer of ownership of the park land did not take place for many more years since the park land was not a separate parcel that could be deeded separately to the City. A Boundary Line Adjustment (BLA) application (File #BLA14-0005) was filed by Schneider Homes Inc. in May of 2014 to establish the park land as a separate parcel. The processing of the BLA was delayed due to changes in property ownership interest on the part of Schneider Homes Inc. for Page 29 of 89 -------------------------- Ordinance No. 6675 February 12, 2018 Page 5 refinancing purposes. The BLA was subsequently approved by the City and recorded on November 2, 2016 (Recording #20161102900004) and the property subsequently conveyed to the City. The park is depicted as “Village Square Park” on the city website. It was previously appropriate to have the Comprehensive Plan land use designation of “Multiple “Family Residential" applicable to the site when it was privately- owned and part of a larger parcel that is mainly developed with apartments. However, now that Parcel No. 0921059073 is a separate parcel (as a result of the boundary line adjustment), owned by the City and developed for park purposes, it is appropriate for it to have the zoning classification be “I, Institutional” to implement and correspond with the “Institutional” land use designation of the Comprehensive Plan. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. A Determination of Non-Significance (DNS) was issued under City file SEP17-0014 on September 19, 2017. The comment period ended October 3, 2017, and the appeal period ended October 17, 2017. No comments or appeals were received. CONCLUSIONS OF LAW Procedural: 1. Authority of the Planning Commission. ACC 18.68.030(B)(2) grants the Planning Commission with the authority to review and make a recommendation to the City Council on rezone requests if the rezone is initiated by the City. Substantive: 2. Comprehensive Plan Land Use Map Designation. The Comprehensive Plan Land Use Map designation for the four the four parcels is “Light Industrial” and the Land Use Map designation for the other parcel is “Institutional”. 3. Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. W ashington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone from "DUC, Downtown Urban Center" to "M1, Light Industrial" and from "R-20, Residential Zone 20 Units to the Acre” to "I, Institutional" clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the comprehensive plan land use map designations for the parcels are “Light Industrial” and the Land Use Map Page 30 of 89 -------------------------- Ordinance No. 6675 February 12, 2018 Page 6 designation for the other parcel is “Institutional”, respectively. The proposed zoning appropriately implements the land use designations. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while at the same time being consistent with the developed status of the properties and uses. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, Mayor Page 31 of 89 -------------------------- Ordinance No. 6675 February 12, 2018 Page 7 ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ___________________________ Daniel B. Heid, City Attorney Published: ___________________ Page 32 of 89 0.1 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Miles0.10.00 City-Initiated Rezones REZ18-0001 - C ST NW 1/23/2018Printed 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. Page 33 of 89 0.1 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Miles0.10.10 1:4,000 City-Initiated Rezones REZ18-0001 - SE 310th ST 1in =0 ft 1/23/2018Printed 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. Page 34 of 89 1 ST ST NE SDIVISIONST2ND ST NW ASTSWB ST NW2ND ST NE 1ST ST NW N DIVISION ST3RD ST NW ESTSW2ND ST NW FSTSW1ST ST NW 2ND ST NW 1ST ST NE B ST NEF ST NWGSTNWB ST SWDSTSWD ST NWASTNEASTNEAUBURNAVENE3RD ST NE CSTSWW MAIN ST ASTSEASTNWE MAIN ST 3RD ST NW ASTNWC ST NWC ST SWInformation 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 ID: 5965 Printed On: 01/23/2018 City –Initiated Rezone REZ18-0001 – C ST NW 0 80 160 240 320 400 FEET 1 S T ST NE SDIVISIONST2ND ST NW ASTSWB ST NW2ND ST NE 1ST ST NW N DIVISION ST3RD ST NW ESTSW2ND ST NW FSTSW1ST ST NW 2ND ST NW 1ST ST NE B ST NEF ST NWGSTNWB ST SWDSTSWD ST NWASTNEASTNEAUBURNAVENE3RD ST NE CSTSWW MAIN ST ASTSEASTNWE MAIN ST 3RD ST NW ASTNWC ST NWC ST SWZoning C2 Central Business District C3 Heavy Commercial District DUC Downtown Urban Center M1 Light Industrial District M2 Heavy Industrial District P1 Public Use District R20 Residential 20 DU/Acre RO Residential Office District RO-H Residential Office District (Hospital) Existing Zoning Proposed Zoning Parcels EXISTING PROPOSED Page 35 of 89 120TH LN SES E 3 1 0 T H S T SE 308T H P L SE 311TH ST 123RD LN SE122ND LN SESE 3 1 2 T H L N SE 310TH ST 121ST PL SE120TH PL SESE 310TH LN 121ST LN SE117TH PL SESE 312TH PL117THPLSE119THAVESE SE 312TH ST 124THAVESE124THAVESEInformation 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 ID: 5966 Printed On: 01/23/2018 City –initiated Rezone REZ18-0001 - SE 310th ST 0 80 160 240 320 400 FEET120TH LN SES E 3 1 0 T H S T SE 308TH P L SE 311TH ST 123RD LN SE122ND LN SESE 3 1 2 T H L N SE 310TH ST 121ST PL SE120TH PL SESE 310TH LN 121ST LN SE117TH PL SESE 312TH PL117THPLSE119THAVESE SE 312TH ST 124THAVESE124THAVESEZoning C1 Light Commercial District I Institutional Use District P1 Public Use District R20 Residential 20 DU/Acre R5 Residential 5 DU/Acre R7 Residential 7 DU/Acre Existing Zoning Proposed Zoning Parcels EXISTING PROPOSED Page 36 of 89 0.1 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Miles0.10.00 1:2,000 City-Initiated Rezones REZ18-0001 - C ST NW 1in =0 ft 1/23/2018Printed 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. Page 37 of 89 0.1 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Miles0.10.00 1:2,000 City-Initiated Rezones REZ18-0001 - SE 310th ST 1in =0 ft 1/23/2018Printed 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. Page 38 of 89 Page 39 of 89 Page 40 of 89 Page 41 of 89 Page 42 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Mobile Home Closure Process (20 Minutes) (Tate) Date: February 13, 2018 Department: Community Development & Public Works Attachments: Attachment A - Ordinance No. 5746 Attachment B - RCW 59.20 Attachment C - RCW 59.21 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: City Council has requested an overview of the regulations and procedures that govern the closure of mobile home parks in Auburn. Regulations have been established at both the state and city level. Chapter 14.20 of the Auburn City Code specifically addresses the local requirements for mobile home closures. Chapter 59.20 of the State RCW establishes a chapter of state law that is entitled “Manufactured/Mobile Home Landlord-Tenant Act” which is a different set of rules than the State’s residential landlord tenant laws. Chapter 59.21 of the State RCW established a chapter of state law entitled “Mobile Home Relocation Assistance”. The purpose of this memo is to provide an overview of the regulatory requirements related to mobile home closures. The City of Auburn has not had reason to apply Chapter 14.20 therefore, staff is unable to provide information regarding practical application of the adopted rules. SUMM ARY OF CIT Y ORDINANCE – CHAPT ER 14.20 Chapter 14.20 of the Auburn City Code was adopted under Ordinance No. 5746 adopted by City Council on March 17, 2003. A copy of Ordinance No. 5746 is provided under cover of this memo as Attachment A. The purpose of providing Ordinance No. 5746 is to offer both the city code language and the “Whereas” recital statements which provide useful background information. Chapter 14.20 has not been substantively amended since it was adopted under Ordinance No. 5746. As indicated above, the City has yet to implement Chapter 14.20 due to the fact that there have not been any mobile home park closures since 2003. While the full content of Chapter 14.20 is provided under Attachment A, the following is the table of contents excerpt which helps provide a sense of the types of regulations and procedures that are established along with some annotations that highlight key components (shown in italics): 14.20.010 Purpose. 14.20.020 Scope. 14.20.030 Enforcement – Inspection. 14.20.040 Exceptions. Page 43 of 89 14.20.050 Penalties. (failure to comply is a misdemeanor and results in a fine of up to $1,000 or imprisonment for a period up to 90 days) 14.20.060 Liability. 14.20.070 Eviction notices for change of use or closure of a mobile home park. (before closure, a plan must be submitted to the city; plan must include relocation report and plan; establishes a requirement that a 12 month notice of closure must be provided to park tenants) 14.20.080 Relocation report and plan. (outlines the details of the closure report and plan; park owners are required to assist tenants with relocation; once the city approves the report and plan it must be provided to tenants within 14 days) 14.20.090 Certificate of completion of the relocation report and plan. (city has authority to certify that relocation report and plan is complete which then allows owner to move forward with development proposal) 14.20.100 Notice of provisions. 14.20.110 Administration. 14.20.120 Appeal. 14.20.130 Closure and government sponsorship. SUMM ARY OF ST AT E REGULAT IONS – RCW 59.20 AND RCW 59.21 Chapter 59.20 of the RCW is entitled “Manufactured/Mobile Home Landlord-Tenant Act”. This law originally took effect in 1977. Attachment B provides the table of contents to Chapter 59.20 RCW. While the City does not enforce these laws, it is an important companion piece of legislation that outlines the rights of both the park owners and the tenants that reside within the park. The full legislation is provided at the following website: http://app.leg.wa.gov/RCW/default.aspx?cite=59.20 Reviewing the table of contents provided in Attachment B provides a concise summary of the types of provisions that are contained within this statute. Chapter 59.21 of the RCW is entitled “Mobile Home Relocation Assistance”. This law originally took effect in 1991. Attachment C provides the table of contents to Chapter 59.21 RCW. This too, is legislation that is not administered by the City of Auburn. The full text of this Chapter of the RCW is available at the following website: http://app.leg.wa.gov/RCW/default.aspx?cite=59.21 In addition to the table of contents, the purpose statement of Chapter 59.21 RCW helps capture the intent of this statute: “The legislature recognizes that it is quite costly to move a mobile home. Many mobile home tenants need financial assistance in order to move their mobile homes from a mobile home park. The purpose of this chapter is to provide a mechanism for assisting mobile home tenants to relocate to suitable alternative Page 44 of 89 sites when the mobile home park in which they reside is closed or converted to another use.” Mobile home park owners are required to contribute funds to a State managed mobile home relocation fund. Tenants can apply for financial assistance when a mobile home park is closed. The law establishes priorities that can be applied when determining who is eligible to receive funds (e.g. highest priority are tenants of parks that close due to fraudulent activities of the park owner). Additionally, eligibility is limited to tenants that qualify as a low income household (adjusted income is less than 80% of the median family income within the county that the park is located). The mobile home park relocation fund is maintained and administered by the State Treasurer. In addition to the fund that is established in this Chapter, there is also an exemption offered to mobile home owners whose home no longer meets modern fire, safety and construction codes. The effect of this exemption is to allow a mobile home owner to move their home from one park to another without upgrading the home to modern codes. The State legislature took this action due to the cost associated with updating a home to meet modern codes. The exemption precludes cities from adopting codes that are contrary to this exemption. Rev iewed by Council Committees: Councilmember:Staff:Tate Meeting Date:February 26, 2018 Item Number: Page 45 of 89 Page 46 of 89 Page 47 of 89 Page 48 of 89 Page 49 of 89 Page 50 of 89 Page 51 of 89 Page 52 of 89 Page 53 of 89 Page 54 of 89 Page 55 of 89 Attachment B Chapter 59.20 RCW – Manufactured/Mobile Home Landlord-Tenant Act Sections 59.20.010 Short title. 59.20.020 Rights and remedies—Obligation of good faith required. 59.20.030 Definitions. 59.20.040 Chapter applies to rental agreements regarding mobile home lots, cooperatives, or subdivisions— Applicability of and construction with provisions of chapters 59.12 and 59.18 RCW. 59.20.045 Enforceability of rules against a tenant. 59.20.050 Written rental agreement for term of one year or more required—Waiver—Exceptions— Application of section. 59.20.060 Rental agreements—Required contents—Prohibited provisions. 59.20.070 Prohibited acts by landlord. 59.20.073 Transfer of rental agreements. 59.20.074 Rent—Liability of secured party with right to possession. 59.20.075 Presumption of reprisal or retaliatory action. 59.20.080 Grounds for termination of tenancy or occupancy or failure to renew a tenancy or occupancy— Notice—Mediation. 59.20.090 Term of rental agreements—Renewal—Nonrenewal—Termination—Armed forces exception— Notices. 59.20.100 Improvements. 59.20.110 Attorney's fees and costs. 59.20.120 Venue. 59.20.130 Duties of landlord. 59.20.134 Written receipts for payments made by tenant. 59.20.135 Maintenance of permanent structures—Findings and declarations—Definition. 59.20.140 Duties of tenant. 59.20.145 Live-in care provider—Not a tenant—Agreements—Guest fee. 59.20.150 Service of notice on landlord or tenant. 59.20.155 Seizure of illegal drugs—Notification of landlord. 59.20.160 Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and conditions for retention by landlord. 59.20.170 Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—Claims. 59.20.180 Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention. 59.20.190 Health and sanitation standards—Penalties. 59.20.200 Landlord—Failure to carry out duties—Notice from tenant—Time limits for landlord's remedial action. 59.20.210 Landlord—Failure to carry out duties—Repairs effected by tenant—Bids—Notice—Deduction of cost from rent—Limitations. 59.20.220 Landlord—Failure to carry out duties—Judgment by court or arbitrator for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent. 59.20.230 Defective condition—Unfeasible to remedy defect—Termination of tenancy. 59.20.240 Payment of rent condition to exercising remedies. 59.20.250 Mediation of disputes by independent third party. 59.20.260 Arbitration—Authorized—Selection of arbitrator—Procedure. 59.20.270 Arbitration—Application—Hearings—Decisions. 59.20.280 Arbitration—Fee. 59.20.290 Arbitration—Completion of arbitration after giving notice. 59.20.300 Manufactured/mobile home communities—Notice of sale. 59.20.305 Manufactured/mobile home communities—Good faith negotiations. 59.20.901 Effective date—1999 c 359. 59.20.902 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. Page 56 of 89 Attachment C Chapter 59.21 RCW – Mobile Home Relocation Assistance Sections 59.21.005 Declaration—Purpose. 59.21.006 Declaration—Intent—Purpose—1995 c 122. 59.21.010 Definitions. 59.21.021 Relocation assistance—Eligibility after December 31, 1995—Amounts of assistance—Priority for distribution of assistance. 59.21.025 Relocation assistance—Sources other than fund—Reductions. 59.21.030 Notice—Requirements. 59.21.040 Relocation assistance—Exemptions. 59.21.050 Relocation fund—Administration—Tenant's application—Form. 59.21.070 Rental agreement—Covenants. 59.21.100 Tenants—Waiver of rights—Attorney approval. 59.21.105 Existing older mobile homes—Forced relocation—Code waiver. 59.21.110 Violations—Penalty. 59.21.905 Effective date—1995 c 122. 59.21.906 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. Page 57 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Capital Project Status Report (15 Minutes) (Gaub) Date: February 15, 2018 Department: CD & PW Attachments: Capital Project Status Report Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The purpose of this discussion is to inform the Council and Public of the overall status of the City’s Capital Project program managed by the Community Development & Public Works (CDPW) Department. The Capital Projects Group of CDPW is currently managing 34 active projects with a total cost of $55.3 million. Of these projects, 18 are in the design phase and 16 are under construction. Within the next 3 months, 8 additional projects are expected to enter the construction phase. The total value of Capital Project expenditures by year is as follows: 2013 = 20.7 million 2014 = 12.6 million 2015 = 32.5 million 2016 = 23.0 million 2017 = 28.5 million 2018 = 16.2 (anticipated) Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:February 26, 2018 Item Number: Page 58 of 89 Page 59 of 89 Page 60 of 89 Page 61 of 89 Page 62 of 89 Page 63 of 89 Page 64 of 89 Page 65 of 89 Page 66 of 89 Page 67 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6672 (10 Minutes) (Gaub) Date: February 15, 2018 Department: CD & PW Attachments: Ordinance No. 6672 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: Ordinance No. 6672 amends Chapter 12.12 of the Auburn City Code relating to Public Sidewalks. The purpose of these revisions are to bring this code in line with current practices and options regarding installation and maintenance of sidewalk areas within the public Right- of-Way since much of this chapter has not been revised since it’s codification in 1957. Please note that there are a significant number of deletions of code being proposed that relate to a Local Improvement District (LID) process for sidewalks. Since this code was create, state law has been modified and addresses the requirements for creation of an LID and therefore specific City code is no longer required and could create conflicts with state law. Other significant revisions include clarification of the definition of a sidewalk, maintenance, installation and replacement responsibilities of adjacent property owners and the City, and the allowance for private irrigation systems within the public right-of-way for better maintenance of landscaped areas. These changes will be discussed at the Special Focus Area Study Session on February 26, 2018 and are tentatively schedule for adoption by Council on March 5, 2018. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:February 26, 2018 Item Number: Page 68 of 89 Ordinance No. 6672 February 2, 2018 Page 1 ORDINANCE NO. 6 6 7 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 12.12 OF THE CITY CODE RELATING TO PUBLIC SIDEWALKS WHEREAS, the current provisions of Chapter 12.12 of the City Code provide for improvement and maintenance responsibilities for sidewalk areas within the City; and WHEREAS, many of the provisions of this chapter have been unchanged for decades, and may not be as reflective of current practices and options regarding installation and maintenance of sidewalks and other appurtenances within the sidewalk area; and WHEREAS, it is appropriate to update the provisions of Chapter 12.12 of the City Code to incorporate provisions more consistent with other sections of the City Code and contemporary practices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. AMENDMENT TO CITY CODE. Chapter 12.12 of the Auburn City Code is amended to read as follows: Chapter 12.12 PUBLIC SIDEWALKS1 Sections: I. Improvements and Assessments 12.12.010 Purposes. 12.12.020 Definitions. 12.12.030 Improvement – Maintenance responsibilityRepealed. 12.12.040 Improvement – Responsibility. 12.12.050 Improvement – Order – NoticeRepealed. 12.12.060 Improvement – Necessity reportRepealed. 12.12.070 Improvement – Order by councilRepealed. 12.12.080 Improvement – HearingRepealed. 12.12.090 Sidewalk construction fundRepealed. 1 For statutory provisions on sidewalks applicable to code cities, see RCW 35A.47.020. For provisions related to sidewalks applicable to cities generally, third-class cities, see Chapters. 35.68, 35.69 and 35.70 RCW , as well as RCW Sections 35.22.280, 35.23.440 and 35.27.370, and RCW 58.17.110 ; for provisions on sidewalks in code cities, see RCW 35A.47.020. Page 69 of 89 Ordinance No. 6672 February 2, 2018 Page 2 12.12.100 Assessment – Roll preparation – HearingRepealed. 12.12.110 Assessment – Payment method determinationRepealed. 12.12.120 Assessment – CollectionRepealed. II. Construction 12.12.130 DefinitionsRepealed. 12.12.140 SpecificationsRepealed. 12.12.150 Requirement generally. 12.12.160 Permit – Procedure generally. 12.12.170 Permit – Fees. 12.12.180 BarricadesRepealed. 12.12.190 Guarantee by contractor. 12.12.200 Monument disturbance during construction. 12.12.210 Confinement with right-of-way lines and easements. 12.12.220 Acceptance prerequisites. 12.12.230 Administration. 12.12.232 Maintenance responsibility. 12.12.234 Repair and Replacement responsibility. 12.12.236 Private Irrigation Systems. 12.12.240 Violation – Penalty. I. Improvements and Assessments 12.12.010 Purposes. A. ACC 12.12.040 and 12.12.050 are enacted in order to enable the city to exercise the powers and authority granted by Chapter 203, Laws of Washington, 1927 (Chapter 35.69 RCW), and to provide for the application and enforcement of said act in the city. B. The purpose of ACC 12.12.060 through 12.12.120 is to enable the city to exercise the powers and authority granted by Chapter 35.68 RCW and to provide for the application and enforcement of Chapter 35.68 RCW this chapter is to provide for improvements to and the responsibilities for the sidewalk areas within public right s-of- way, as well as penalties for failure to comply. (1957 code §§ 8.10.030, 8.10.040.) 12.12.020 Definitions. For the purpose of this article (ACC 12.12.010 through 12.12.120), tThe following words and phrases shall have the meanings respectively ascribed to them in this section, unless expressly indicated otherwise or where used the context clearly indicates to the contraryan alternate meaning: A. “Abutting property” includes all property having a frontage on the sidewalk margin of any street or public place. B. “Sidewalk” includes any and all structures or forms of street improvement included in the space between the street margin any landscaping, driveway, driveway apron, pedestrian pathway, curb ramp, and pedestrian curb between the edge of pavement or back of curb along any public street and the roadway, known as the sidewalk Page 70 of 89 Ordinance No. 6672 February 2, 2018 Page 3 area, including sidewalks, gutters and curbs along all driveways across sidewalks abutting property boundary, excluding street tree grates. C. “Street” includes boulevard, avenue, street, alley, way, lane, square or place. D. “Contractor” means the person, firm or corporation doing or performing work for the property owner, city or other municipal corporation. A “bonded contractor” shall be adequately bonded to the city. E. “Permittee” means the person, firm or corporation who is applying for a permit or to whom a permit has been issued for sidewalk area cons truction pursuant to this article. F. “Property owner” means the person, firm or corporation who has legal title to the adjacent property on which the improvements to be constructed fronts or is being made, including his legal agents. ([See prior ACC 12.12.130] 1957 code § 8.10.050.) 12.12.030 Improvement – Maintenance responsibilityRepealed. Whenever any street, lane, square, place or alley in the city has been improved by the construction of a sidewalk along either side thereof, the duty, burden and expense of the maintenance, cleaning, repair and renewal of such sidewalk, including the erection and maintenance of suitable barriers of wood, iron or masonry along the outer margin of such sidewalk where the same is elevated more than two feet above the abutting property, shall devolve upon the owner of the private property directly abutting on the sidewalk, and the improvement shall be made by the owner in the manner provided by the ordinances of the city and the laws of the state. (1957 code § 8.10.005.) 12.12.040 Improvement – Responsibility. Whenever a portion, not longer than one block in length, of any street is not improved by the construction of a sidewalk thereon, or the sidewalk thereof has become unfit or unsafe for purposes of public travel, and such street adjacent to both ends of the portion is so improved and in good repair, and the city council by resolution finds that the improvement of such portion by the construction or reconstruction of a sidewalk thereon is necessary for the public safety and convenience, the duty, burden and expense of constructing or reconstructing such sidewalk shall devolve upon the property directly abutting upon such portion; provided, that such abutting property shall not be charged with any costs of construction or reconstruction in excess of 50 percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation of the sidewalk is unimproved, at such time as development or redevelopment triggers the requirement for the improvement per ACC 12.64A, it shall be the responsibility of the adjacent property owner to improve the sidewalk per the adopted city codes, including the engineering standards that are incorporated by reference in ACC 12.04.010. (1957 code § 8.10.010.) 12.12.050 Improvement – Order – NoticeRepealed. Whenever the city council has adopted such resolution, the city engineer shall cause to be served on the owner of the abutting property a notice instructing the owner to construct or reconstruct a sidewalk on such portion in accordance with plans and specifications which shall be attached to such notice. Such notice shall be served by Page 71 of 89 Ordinance No. 6672 February 2, 2018 Page 4 delivering it in person to the owner or leaving it at his home with a person of suitable age and discretion then resident therein, or with an agent of such owner authorized to collect rentals on such property, or, if such owner is a nonresident of the state, by mailing a copy to his last-known address, or, if such owner is unknown or if his address is unknown, then by posting a copy in a conspicuous place on such portion of the street where such improvement is to be made. Such notice shall specify a reasonable time within which such construction or reconstruction shall be made, and shall state that in case the owner fails to make the same within such time, the city will proceed to make the same through the city engineer, and at a subsequent date, to be definitely stated in the notice, the city engineer will report to the city council an assessment roll showing the lot or parcel of land directly abutting on such portion of such street so improved, the cost of such improvement, the name of the owner, if known, and that the city council at the time stated in the notice, or at the time or times to which the same may be adjourned, will hear any and all protests against the proposed assessment. Upon the expiration of the time fixed within which the owner is required to construct or reconstruct such sidewalk, if the owner has failed to perform such work, the city shall proceed to perform such work and shall, within the time fixed in the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting on such portion of such street so improve d, the cost of such work, and the name of the owner, if known. The city council shall, at the time in such notice designated, or at an adjourned time or times, assess the cost of such improvement against the abutting property and shall fix the time and manner for payment thereof, which assessment shall become a lien upon the property and shall be collected in the manner provided by law for special assessments under RCW Title 35. (1957 code § 8.10.020.) 12.12.060 Improvement – Necessity reportRepealed. If, in the judgment of the city engineer, public convenience or safety requires the construction, reconstruction or repair of any sidewalk within the city limits, he shall report such fact to the city council immediately. (1957 code § 8.10.060.) 12.12.070 Improvement – Order by councilRepealed. A. If, upon receiving a report from the city engineer, the city council deems such construction, reconstruction or repair necessary for the public safety or convenience, it shall, by resolution, order the abutting prop erty owner to perform the necessary construction, reconstruction or repair. B. The resolution shall: 1. Specify the time within which the work shall be commenced and completed by the abutting property owner; 2. State that if the improvement is not completed within the time specified that the city will perform and complete the improvement and assess the cost against the abutting property owner; 3. Fix a time from and after its passage, and a place for a public hearing on the resolution; 4. Be published for two consecutive weeks in the official newspaper of the city; Page 72 of 89 Ordinance No. 6672 February 2, 2018 Page 5 5. Provide that a notice of the date of such public hearing shall be given each owner or reputed owner of property abutting the proposed improvement, as shown on the tax rolls of the county treasurer, by mailing to the owner or reputed owner of the property, at the address shown thereon, a notice of the date of hearing. Such mailing shall be made at least 10 days before the date fixed for such hearing. C. Proof of the publication of the resolution and the mailing of the notices to abutting property owners shall be filed with the city clerk prior to the hearing on the proposed improvement. (1957 code § 8.10.070.) 12.12.080 Improvement – HearingRepealed. At the time of hearing, the council sh all hear persons appearing for or against the improvement, and shall determine whether it will or will not proceed with the improvement, whether it will make any changes in the original plan, and what the changes will be. This action may be taken by motion adopted in the usual manner; provided, however, that the hearing may be postponed from time to time to a definite date until the hearing is held. (1957 code § 8.10.080.) 12.12.090 Sidewalk construction fundRepealed. The city council may create a sidewalk construction fund designated as “sidewalk construction fund No. ____” to be numbered differently for each improvement, and with warrants drawn on this fund the costs of the respective improvements may be paid. The city may advance as a loan to the sidewalk construction fund, from any available funds, the amounts necessary to pay any cost of the improvement. When any assessment is made for the improvement, payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants, any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the city council by resolution. (1957 code § 8.10.090.) 12.12.100 Assessment – Roll preparation – HearingRepealed. Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the city engineer which shall, to the extent necessary, be based on benefits, and which shall describe the property assessed, the name of the owner, if known (otherwise stating that the name of the owner is unknown), and fixing the amount of the assessment. The assessment roll shall be filed with the city clerk, and when so filed the council shall, by resolution, fix a date of hearing thereon and direct the clerk to give notice of such hearing and the time and plac e thereof. The notice of hearing shall be mailed to the person whose name appears on the county treasurer’s tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the hearing f or two consecutive weeks in the official newspaper of the city. The notice shall be mailed and first publication made at least 10 days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the city clerk before the date fixed for the hearing. Following the hearing, the city council shall, by ordinance, affirm, modify or reject or order Page 73 of 89 Ordinance No. 6672 February 2, 2018 Page 6 recasting of the assessment roll. An appeal may be taken to the superior court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll by Chapters 35.43 to 35.54 RCW. (1957 code § 8.10.100.) 12.12.110 Assessment – Payment method determinationRepealed. The city council shall, by resolution, provide whether the full amount of the assessments shall be paid in one payment or whether it may be paid in installments and shall prescribe the time and amount of such payments; and if more than one payment is provided for, the city council may, by resolution, provide for interest on unpaid installments and fix the rate thereof. (1957 code § 8.10.110.) 12.12.120 Assessment – CollectionRepealed. The assessment roll as affirmed or modified by the city council shall be filed with the finance director for collection, and the amount thereof, including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of 30 days or more, the lien may be foreclosed in the same manner and with the same effect as is provided by Chapters 35.43 to 35.54 RCW. Whenever the deed is issued after the sale therein provided, the regularity, validity and correctness of the proceedings relating to such improvement and the assessment therefor shall be final and conclusive and no action shall thereafter be brought by or on behalf of any person to set aside the deed. (1957 code § 8.10.120.) II. Construction 12.12.130 DefinitionsRepealed. Except where specifically defined in this section, all words used in this article shall carry their customary meaning. A. “Contractor” means the person, firm or corporation doing or performing work for the property owner, city or other municipal corporation. A “bonded contractor” shal l be adequately bonded to the city. B. “Permittee” means the person, firm or corporation who is applying for a permit or to whom a permit has been issued for sidewalk construction pursuant to this article. C. “Property owner” means the person, firm or corporation who has legal title to the property on which the sidewalk to be constructed fronts or is being made, including his legal agents. D. A “sidewalk” means and will be considered as any thoroughfare, the primary function of which is to serve pedestrian traffic. (Ord. 3926 § 1, 1983.) 12.12.140 SpecificationsRepealed. Any and all sidewalks required to be constructed pursuant to the terms in this article shall be constructed in accordance with the specifications that are incorporated by reference in ACC 12.04.010. (Ord. 3926 § 2, 1983.) Page 74 of 89 Ordinance No. 6672 February 2, 2018 Page 7 12.12.150 Requirement generally. Whenever an improvement of a sidewalk and/or driveway is installed, it shall be installed in accordance with the specifications that are incorporated by reference in ACC 12.04.010 and in conformance with a valid permit issued pursuant to this article, except as otherwise required under Chapter 12.64 ACC. (Ord. 3926 § 3, 1983.) 12.12.160 Permit – Procedure generally. The building officialcity engineer shall grant such permits only upon com pliance with the following terms and conditions: A. The party requesting the permit shall make application therefor in writing, and will file with the city engineer drawings showing the location and plan of the sidewalk, as defined in this chapter, to be constructed, together with a full description of the nature of such work. B. The city engineer or his/her designee shall thereupon examine review and approve such application, and drawings and plans and shall recommend issuance of the permit to the building official prior to permit issuance. C. Such permit shall specify the place where such sidewalk is to be constructed, together with a description of the proposed construction to be done under such permit, and the length of time allowed for the completion thereof. (Ord. 3926 § 4, 1983.) 12.12.170 Permit – Fees. A. Permit fees to cover permit processing and inspection shall be applicable for all sidewalks and associated curb and gutter improvements. B. The fees shall be as shown in the city of Auburn fee schedule as adopted by Ordinance 5707city council, and any amendments thereto. (Ord. 5817 § 1, 2004; Ord. 3945 § 1, 1984; Ord. 3926 § 5, 1983.) 12.12.180 BarricadesRepealed. The person, firm or corporation constructing a sidewalk pursuant to the terms of this article shall erect and, so long as conditions exist and any danger may continue, maintain along the property upon which the sidewalk is to be constructed a good and substantial barrier. This barrier is to be in compliance with Chapter 12.28 ACC. The above persons shall cause to be maintained during every night from sunset to sunrise around the obstruction sufficient warning lights or flares, including any requested by the city engineer. In the event the permittee is not immediately available, the city engineer may install, at permittee’s expense, additional barricades, lights and/or safety devices to protect the public. (Ord. 3926 § 6, 1983.) 12.12.190 Guarantee by contractor. Any sidewalk constructed under a permit authorized by this article chapter shall be backfilled, tamped and settled in such manner that the new sidewalk and constructed so that the sidewalk or any abutting sidewalks, whether public or private, shall not become undermined, and should the sidewalk settle or crack within a period of one year, it shall be repaired at the expense of the original contractorpermittee. (Ord. 3926 § 7, 1983.) Page 75 of 89 Ordinance No. 6672 February 2, 2018 Page 8 12.12.200 Monument disturbance during construction. The permittee shall not disturb any survey monuments or hubs found within the boundaries of the sidewalk to be constructed unless authorized to do so by the city engineer. In the event that such monuments or hubs are to be removed because of the sidewalk construction, they must be replaced under the supervision of the city engineer at the permittee’s or his agent’s expense. (Ord. 3926 § 8, 1983.) 12.12.210 Confinement with right-of-way lines and easements. It shall be the permittee’s responsibility to confine his or her construction activities within the street right-of-way lines and limits of easements described on the permit. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee. (Ord. 3926 § 9, 1983.) 12.12.220 Acceptance prerequisites. No sidewalk improvement constructed pursuant to the terms of this article chapter will be accepted until the city engineer is satisfied that the work has been performed according to the requirements of this article and to the lines and grades as established and stakedchapter. (Ord. 3926 § 10, 1983.) 12.12.230 Administration. The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. (Ord. 3926 § 12, 1983.) 12.12.232 Maintenance responsibility. The maintenance of the area of the sidewalk along either side of any street shall be the duty, burden and expense of the abutting property owner. Maintenance shall include removal of debris, moss, snow and ice, cleaning of sidewalks, maintenance of vegetation, including but not limited to maintenance of vegetation consistent with sight distance and vegetation clearances in accordance with any other city code, and maintaining barriers or fences along the sidewalk where the sidewalk is elevated more than two feet above the abutting property. 12.12.234 Repair and Replacement responsibility. The repair and/or replacement of sidewalk, as defined by this section, shall be the responsibility of the abutting property owner unless determined otherwise by the city engineer. If a property owner believes the damaged sidewalk and/or sidewalk needing replacement is/are the cities or someone else’s responsibility, the property owner must notify the city engineer in writing with sufficient documentation of the cause of the damage and justification of why the repair and/or replacement should not be considered the responsibility of the abutting property owner. Damage caused to the sidewalk by vegetation located on private property, lack of regular maintenance by the abutting property owner, or damage that is any way caused by the abutting property owner shall be the responsibility of the private property owner to repair subject to ACC 12.66. Page 76 of 89 Ordinance No. 6672 February 2, 2018 Page 9 12.12.236 Private Irrigation Systems. Construction of private irrigation systems within the public right-of-way is required to be completed by construction permit per ACC 12.66 or included in a facility extension permit per ACC 13.40. The Owner shall apply for and obtain a Permit from the City prior to doing any work for installation, repairs, abandonment or removal p erformed on the irrigation facilities in the City’s right-of-way. A. All future maintenance, repairs, abandonment or removal performed on the irrigation facilities located in the City’s rights-of-way shall be performed by a licensed and bonded contractor in the State of Washington. B. The applicant shall be responsible for all permits, maintenance, repairs, cost and water usage of the irrigation facilities. C. The Owner shall provide the City with information specifying the location of the facilities placed under the permit, including as-built drawings showing general location. Owner shall relocate their facilities at their cost if the City determines they are in conflict with public improvements being constructed in association with future projects. Such relocation work shall be completed within 45 days of written notification by the City in accordance with this section. The City may allow the owner additional time to relocate the facilities depending upon the project’s scheduling needs. Owner of the private irrigation system shall register with Washington 811 for locate services for underground facilities. The Owner is responsible for meeting the requirements of RCW 19.122 for locating and keeping accurate records of utility locations, protecting and repairing damage to existing underground facilities. All elements of the irrigation system shall be detectable for locate purposes. Owner shall be responsible for any maintenance, repairs or damage to public facilities within the right-of-way that is caused by the private irrigation system, including the maintenance of or repairs to the irrigation system. Such public facilities shall include but are not limited to pavement, sidewalks, curbs, gutters, underground utilities such as water, sewer and storm, electrical, street lighting, fiber, conduit, landscaping and subgrades. 12.12.240 Violation – Penalty. A. Violation of the provisions of this chapter is an infraction, subject to penalties in accordance with ACC 1.25.050, and each day in violation shall be considered a separate offense. B. In addition to the penalties provided in subsection A of this section, if the owner, abutting owner, or permittee fails to construct a sidewalk in the time and manner specified in the permit issued pursuant to this articlethe city code, the city council, pursuant to Chapter 35.70 RCW, shall order the sidewalk to be constructed under the supervision of the city engineer, and the costs shall be assessed against and become a lien upon the land of the property owner abutting th e sidewalk to be constructed it shall constitute a public nuisance as defined in ACC 8.12.020. The city shall utilize the provisions of ACC 8.12.080 to abate the violation by ordering the sidewalk to be constructed under the supervision of the city engine er or his/her designee. The Page 77 of 89 Ordinance No. 6672 February 2, 2018 Page 10 abatement order, and all requirements and provisions of ACC 8.12.080, shall be directed to the owner, abutting owner, or permittee. (Ord. 5683 § 33, 2002; Ord. 3926 § 11, 1983.) Section 2. ADMINISTRATIVE PROCEDURES. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. SEVERABILITY. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ________________________ PASSED: _____________________________ APPROVED: __________________________ CITY OF AUBURN ATTEST: _____________________________________ NANCY BACKUS, MAYOR ________________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ________________________________ Daniel B. Heid, City Attorney Published: _______________________ Page 78 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No.6679 (10 Minutes) (Gaub) Date: February 15, 2018 Department: CD & PW Attachments: Ordinance No. 6679 Budget Impact: Administrativ e Recommendation: City Council to discuss Ordinance No. 6679 Background Summary: Ordinance No. 6679 proposes to modify portions of Auburn City Code, Sections 3.10 (Purchasing Policy) and 3.12 (Public Contracts). Updates related to retainage requirements are necessary to remain consistent with recent changes to Washington State law. In addition, revising certain portions of the purchasing and contracting code will allow the City to more efficiently and effectively procure and administer consultant and construction contracts. Updating the dollar amount thresholds so authorization limits are consistent between the purchasing and contract sections, is needed. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:February 26, 2018 Item Number: Page 79 of 89 ----------------------------- Ordinance No. 6679 February 16, 2018 Page 1 ORDINANCE NO. 6 6 7 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 3.10.020, 3.10.025, 3.10.026, 3.12.020, 3.12.030, 3.12.060, 3.12.070 AND 3.12.080 OF THE CITY CODE AND CREATING A NEW SECTION 3.10.060 OF THE CITY CODE RELATING TO PUBLIC CONTRACTING WHEREAS, the current provisions of the Auburn City Code address requirements for public contracting and purchasing; and WHEREAS, updates related to retainage requirements are necessary to remain consistent with recent changes to Washington State law; and WHEREAS, revising certain portions of the purchasing and contracting code will allow the City to more efficiently and effectively procure and administer consultant and construction contracts; and WHEREAS, updating the dollar thresholds so authorization limits are consistent between the purchasing and contacting sections is needed. NOW, THEREFORE, THE CITY COUNCIL, THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. AMENDMENT TO CITY CODE. Section 3.10.020 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.10.020 Contract authorization limits. A. The following authorization approval limits shall apply for all city contracts. For contracts with total dollar amounts up to $10,000.00, authority rests at the department director level. All contracts over $10,000.00, up to $50,000.00, and contracts that have been individually and separately listed in the city’s annual budget shall be approved and signed by the mayor. For all unbudgeted expenditures not individually and separately listed in the city’s annual budget in excess of $50,000.00, approval shall be obtained from the mayor and the city council. B. For purposes of this section, a contract is “individually and separately listed” if it is: Page 80 of 89 ----------------------------- Ordinance No. 6679 February 16, 2018 Page 2 1. Expressly identified, in writing, defining or describing the expenditure or project as a line-item in the budget; 2. Identified by express reference to the CPF CFP or TIP project, or other specific project in the budget. C. If a contract does not provide for cash consideration, the responsible department will estimate the value of the contract as if there was cash consideration. Authorization authority will be based on that estimated value. D. If a contract does not provide for cash consideration, but requires the city to indemnify the other party, the responsible department, in consultation with the risk manager, shall determine the value of the city’s possible indemnification risk. Authorization authority will be based on that estimated value. E. Unless the value is $25,000.00 or less, or unless required for a budgeted project, or unless otherwise authorized in this code or otherwise expressly authorized by the city council, all contracts that convey an interest in real estate shall be approved by the city council. (Ord. 6528 § 2, 2014; Ord. 6147 § 1, 2008; Ord. 5778 § 2, 2003; Ord. 5490 § 1, 2000.) Section 2. AMENDMENT TO CITY CODE. Section 3.10.025 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.10.025 Professional and personal services. A. Professional and personal services are those services involving specialized skill, education, and special knowledge. These services include, but are not limited to, architectural, engineering, design services, accounting, art, real estate appraisal, relocation assistance, title abstracts, surveying, soils analysis, and core testing. B. Procurement and administration of such contracts are the responsibility of the mayor or the department director. The mayor/designees may sign professional or personal service contracts in conformity with ACC 2.03.030 and 3.10.020. Council action will be required to authorize amendments to contracts that are either not included in the budget or exceed the approved budget as follows: 1. When the original contract is under $25,000$50,000.00 and was not included in the budget and the total of the amendment(s) will increase the total contract amount to more than $25,000$50,000.00. 2. When the original contract is $25,000$50,000.00 or more and was not included in the budget and the total of the amendment(s) will increase the total contract amount by more than $25,000$50,000.00 and the amendment(s) are also not budgeted. 3. When the original contract was included in the budget and the total of the amendment(s) to the contract will increase the total contract amount to more than $25,000$50,000.00 above the amount included in the budget. C. Council action is required for the initial authorization of contracts for on-call services. For contracts solicited for a contract period of up to 5 years, each on-call contract may be amended by the mayor on an annual basis to extend the contract duration by up to 1-year for a total duration not to exceed the original solicited contract period and may be amended by the mayor to increase the contract amount by an amount Page 81 of 89 ----------------------------- Ordinance No. 6679 February 16, 2018 Page 3 equal to or less than the original contract amount authorized by the city council. (Ord. 6147 § 1, 2008; Ord. 5640 § 1, 2002; Ord. 5490 § 1, 2000.) Section 3. AMENDMENT TO CITY CODE. Section 3.10.026 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.10.026 Public work projects – Contract amendment – Conditions. A. Construction contracts which have been initially authorized by the city council or the mayor or mayor’s designee may be amended administratively by the mayor/designees by change order, letter of instruction, or other legally appropriate form, up to the total maximum contract amounts set forth below: 1. Awarded contract amount plus up to 20 twenty percent (20%) for contracts originally awarded for up to $200,000.00. 2. Awarded contract amount plus up to 15 fifteen percent (15%) or $40,000.00, whichever is greater, for contracts originally awarded for between $200,000.00 and $500,000.00. 3. Awarded contract amount plus up to 10 ten percent (10%) or $75,000.00, whichever is greater, for contracts originally awarded for between $500,000.00 and $1,000,000.00. 4. Awarded contract amount plus up to five percent (5%) or $100,000.00, whichever is greater, for contracts originally awarded for between $1,000,000.00 and $5,000,000.00. 5. Awarded contract amount plus up to two and one-half percent (2½%) or $250,000.00, whichever is greater, for contracts originally awarded for over $5,000,000.00. B. If available budget contingency remains after the authorized total maximum contract amount, as defined in subsection A of this section, is reached, additional authorization to increase the total contract amount shall be obtained from the appropriate city council committee. C. No administrative action is authorized, the result of which would be to amend a contract to increase the authorized total maximum contract amount, as defined in subsection A of this section, beyond funds approved by the city council. (Ord. 6147 § 1, 2008; Ord. 5525 § 1, 2001.) Section 4. AMENDMENT TO CITY CODE. Section 3.12.020 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.12.020 Bid solicitation. A. Formal Advertisement Required. Except as otherwise authorized in Chapters 39.04 and 39.28 RCW or RCW 35.23.352, relating to emergency public works, or other applicable general state law, as now enacted or as hereafter amended, all public work and improvements shall be done by contract pursuant to public notice and call for competitive bids whenever the estimated cost of such public work or improvement, Page 82 of 89 ----------------------------- Ordinance No. 6679 February 16, 2018 Page 4 including the cost of materials, supplies, equipment and labor, will exceed the limits for competitive bid as stated in RCW 35.23.352 as now enacted or as hereafter amended, provided the city may use a small works roster pursuant to RCW 35.23.352. Where formal bidding is required, a call for bids shall be issued in accordance with the provisions herein before any contract is let for the performance of any public work. B. Formal Advertising Procedures. For projects requiring formal advertisement per this section, a notice of a call for bids, stating the nature of the contract to be let and the time on or before which sealed bids for the same must be filed with the city clerk, shall be given by posting notice thereof on the bulletin board in the lobby of City Hall. The notice shall also be published in the official newspaper, and a newspaper of general circulation most likely to bring responsive bids, at least 13 days prior to the last date upon which bids will be received. The notice shall generally state the nature of the work to be done, where the plans and specifications may be seen or obtained, and a specified hour and date when such bids shall be opened, and that the sealed bids be filed with the city clerk within the time specified therein. The clock within the city clerk’s office shall be the official time used for determining receipt of bids. C. Council Approval. Issuance of solicitations for bids shall require city council consent approval unless the solicitation is for a project identified in the city’s current approved budget at the time of bid solicitation or if the estimated contract amount is within the budget authority of the mayor as provided in Chapter 3.10 ACC. D. For the purposes of determining whether or not bidding contractors must declare the names of subcontractors for certain work based on the amount of the contractor’s expected costs per RCW 39.30.060, the expected costs of the contract shall be the engineer’s estimate of the contract work plus the amount of any work added by addenda to the bid documents, plus any applicable sales tax computed at the rate in place at the time of bid opening. E. For projects contracts not required to be formally advertised, the city shall issue an invitation to bid, request for quote or other form as determined appropriate by the city engineer and in accordance with the requirements of. Non-formal advertised contracts may conform to the small works roster or limited public works process described in RCW 39.04.155 or other procurement process as deemed appropriate by the city engineer. (Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. Formerly 3.12.011 and 3.12.020.) Section 5. AMENDMENT TO CITY CODE. Section 3.12.030 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.12.030 Bid opening. A. For projects contracts utilizing a formal advertisement process per ACC 3.12.020, bids shall be opened and publicly read aloud by the city clerk at the time and location as set forth in the contract advertisement. B. For projects contracts not utilizing a formal advertisement process, the city engineer shall determine whether a public reading of the bids is required and indicate this in the new invitation to bidders or request for quote documents. (Ord. 6545 § 1, 2014.) Page 83 of 89 ----------------------------- Ordinance No. 6679 February 16, 2018 Page 5 Section 6. AMENDMENT TO CITY CODE. Section 3.12.060 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.12.060 Award. For contracts greater than the bid limits as provided in RCW 35.23.352, as now enacted or as hereafter amended, the city council shall award the contract to the lowest responsible bidder. For contracts less then than the bid limits provided in RCW 35.23.325, as now enacted or as hereafter amended, the director or his/her designee shall have the authority to award the contract. (Ord. 6545 § 1, 2014.) Section 7. AMENDMENT TO CITY CODE. Section 3.12.070 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.12.070 Contractor’s bond. A. Whenever the city shall contract with any person or corporation to do any work, the city shall require the person or persons with whom such contract is made to make, execute, and deliver to the city clerk a sufficient bond, with a surety company as surety, conditioned that such person or persons shall faithfully perform all the provisions of such contract and pay all laborers, mechanics, subcontractors and material suppliers, and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work. Said security company in accordance with RCW 39.08.010 shall be bound by the laws of the state of Washington and subject to the jurisdiction of the state of Washington. The provisions of RCW 39.08.010 through 39.08.030 shall not apply to any money loaned or advanced to any such contractor, subcontractor or other person in the performance of any such work. B. For contracts using the limited public works process, the city may waive the payment and performance bond requirements of Chapter 39.08 RCW and retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project; however, the city shall have the right of recovery against the contractor for any payments made on the contractor’s behalf. The city engineer shall have the authority to waive the payment and performance bond requirements and retainage requirements based on his/her evaluation of the project and determination of risk. C. On contracts of $35,000$150,000.00 or less, upon mutual agreementrequest by the contractor, the city may, in lieu of the bond, retain 50 ten percent (10%) of the contract amount for a period of 30 days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue, Employment Security Department, and the Department of Labor and Industries receipt of all affidavits of wages paid for the prime and subcontractors, and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. Page 84 of 89 ----------------------------- Ordinance No. 6679 February 16, 2018 Page 6 D. For the purposes of determining the timeframe required for notices of claims against retainage and release of retainage, the city engineer shall have the authority to take affirmative action to determine that a contract is complete and to accept the contract work. (Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. Formerly 3.12.040.) Section 8. AMENDMENT TO CITY CODE. Section 3.12.080 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.12.080 Contractor evaluation form. A. After work is performed by a contractor, the inspector, project manager, and contract administrator for the project city shall evaluate the contractor’s work performance as to certain criteria but not limited to the following: A1. Progress of the work, including: 1a. The ability, capacity and skill of the contractor to perform the work; 2b. Whether the contractor performed the work promptly and within the time specified without delay or interference; B2. Quality of the work; C3. Equipment; D4. Administration/management/supervision; E5. Coordination and control of subcontractors; F6. Whether the contractor provided a safe working environment for his/her employees and the general public; G7. Whether the contractor stood behind his/her service or work performed. B. A copy of the contractor evaluation form will be sent to the contractor if requestedand any contractor responses will be added to the evaluation. The contractor evaluation form may be used by the city to determine whether or not the contractor is a responsible bidder who should be considered for further public works projects. The city may also complete evaluations for subcontractors utilizing the same process described herein for contractors and then utilize the subcontractor evaluations to determine bidder responsibility and in determining whether or not to approve a contractor’s request to sublet. (Ord. 6545 § 1, 2014; Ord. 4924 § 3, 1997. Formerly 3.12.025.) Section 9. NEW SECTION TO CITY CODE. That a New Section 3.10.060 of the Auburn City Code be, and the same hereby is created to read as follows: 3.10.060 Sole Source Purchases of Equipment and Materials – Authorization The mayor is hereby authorized to waive competitive bidding requirements for purchases of equipment or material when the purchase is limited to a single source of supply as determined by the city engineer, pursuant to RCW 39.04.280. A single source of supply shall be defined as either 1) only one available brand, manufacturing company, or vendor from which the city may purchase the needed material or 2) city engineer has Page 85 of 89 ----------------------------- Ordinance No. 6679 February 16, 2018 Page 7 determined that it is in the public’s best interest to purchase only one particular brand, type, or model of material for maintenance and/or quality performance reasons. Section 10. ADMINISTRATIVE PROCEDURES. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 11. SEVERABILITY. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 12. 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 ________________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ________________________________ Daniel B. Heid, City Attorney Published: _______________________ Page 86 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: February 22, 2018 Department: Attachments: SFA SCope Matrix 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:February 26, 2018 Item Number: Page 87 of 89 Revised 01-08-2018 HEALTH & HUMAN SERVICES FINANCE & ECONOMIC DEVELOPMENT PUBLIC WORKS & COMMUNITY DEVELOPMENT MUNICIPAL SERVICES HUMAN SERVICES FUNDING CITY BUDGET & AMENDMENTS UTILITIES POLICE PUBLIC WELLNESS RISK MANAGEMENT ZONING, CODES & PERMITS SCORE JAIL DOMESTIC VIOLENCE SERVICES EQUIPMENT RENTAL INNOVATION & TECHNOLOGY DISTRICT COURT HOMELESSNESS SERVICES FACILITIES TRANSPORTATION PARKS & RECREATION AFFORDABLE HOUSING CITY REAL PROPERTY STREETS ANIMAL CONTROL COMMUNITY SERVICES LEGAL ENGINEERING SOLID WASTE HUMAN RESOURCES DEVELOPMENT INCENTIVES CAPITAL PROJECTS EMERGENCY PLANNING MEDICAL COMMUNITY RELATIONS BUSINESS DEVELOPMENT SUSTAINABILITY AIRPORT ECONOMIC DEVELOPMENT STRATEGIES ENVIRONMENTAL PROTECTION AIRPORT BUSINESSES CULTURAL ARTS & PUBLIC ARTS SISTER CITIES PLANNING MULTIMEDIA Councilmember Trout-Manuel, Chair Councilmember Holman, Chair Councilmember DaCorsi, Chair Councilmember Brown, Chair Councilmember Wales, Vice Chair Councilmember Brown, Vice Chair Deputy Mayor Baggett, Vice Chair Councilmember Peloza, Vice Chair 2018 MEETING DATES 2018 MEETING DATES 2018 MEETING DATES 2018 MEETING DATES January 22, 2018 February 12, 2018 February 26, 2018 January 8, 2018 March 26, 2018 April 9, 2018 April 23, 2018 March 12, 2018 May 29, 2018 June 11, 2018 June 25, 2018 May 14, 2018 July 23, 2018 August 13, 2018 August 27, 2018 July 9, 2018 September 24, 2018 October 8, 2018 October 22, 2018 September 10, 2018 November 26, 2018 December 10, 2018 December 24, 2018 November 13, 2018 SPECIAL FOCUS AREAS Page 88 of 89 Updated 01-23-2018 NO.TOPIC Chair STAFF LEAD(S)STUDY SESSION REVIEW DATE(S) COUNCIL DISCUSSION SUMMARY ACTION DATE 1 Capital Projects Update and Featured Capital Project Discussion Chair DaCorsi Vice Chair Deputy Mayor Baggett Asst. Director Gaub 2/26/2018 2 Community Sustainability Series: Economic and Statutory Considerations for Municipalities Chair DaCorsi Vice Chair Deputy Mayor Baggett Asst. Director Tate TBD 3 Centers Designation Overview Chair DaCorsi Vice Chair Deputy Mayor Baggett Asst. Director Snyder TBD 4 IT Update Chair DaCorsi Vice Chair Deputy Mayor Baggett Director Haugan 2/26/2018 5 Airport Facilities Assessment Report Chair Brown Vice Chair Peloza Asst. Director Gaub 3/12/2018 6 Airport Capital Needs Update Chair Brown Vice Chair Peloza Asst. Director Gaub 3/12/2018 7 Homelessness Update Chair Trout-Manuel Vice Chair Wales Director Hinman TBD 8 Update on Court-DV Filings/Hearings and DV Model Firearms Program Chair Trout-Manuel Vice Chair Wales City Attorney Heid TBD 9 READY Program Update Chair Trout-Manuel Vice Chair Wales Pat Bailey and City Attorney Heid TBD 10 Streamlined Sales Tax Update Chair Holman Vice Chair Brown Finance Director Coleman 2/12/2018 11 Cost of Service Study - Planning and Development Fees Chair Holman Vice Chair Brown Finance Director Coleman 2/12/2018 12 Livable Cities Update Chair Holman Vice Chair Brown Asst. Director Tate TBD 12 COUNCIL MATRIX Page 89 of 89