HomeMy WebLinkAbout11-05-2018 CITY COUNCIL AGENDA PACKETCity Council Meeting
Nov ember 5, 2018 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P resentation - Yes Vets
B .P roclamation - 2018 Tree Steward
Mayor Backus to proclaim the Auburn Parks Department as our "2018 Tree S teward"
in the city of A uburn.
C.P roclamation - G I S Day
Mayor Backus to proclaim November 14, 2018 as "G I S Day" in the city of A uburn.
D.P roclamation - F ilipino and A merican World War I I Veterans
Recognition Day
Mayor Backus to proclaim November 11, 2018 as "Untied S tates Congressional Gold
Medal for F ilipino and A merican World War I I Veterans Recognition Day" in the city of
A uburn.
I I I .AP P O I NT M E NT S
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing on 2019-2020 Preliminary B iennial B udget
City Council to conduct a public hearing to receive public comments, proposals
and suggestions on the 2019-2020 Preliminary B iennial B udget.
(RE C O M M E ND E D AC T IO N: City Council conduct the public hearing.)
2.Public Hearing for 2019-2024 Transportation
I mprovement Plan Modification
City Council to conduct a public hearing to receive public comments and
suggestions regarding the 2019-2024 S ix-Year Transportation I mprovement
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Program, Resolution No. 5386.
(RE C O M M E ND E D AC T IO N: City Council conduct the public hearing.)
3.Public Hearing for the 2019 Community Development
Block Grant (C D B G) A nnual A ction Plan
City Council to conduct a public hearing to receive public comments and
suggestions with regards to the 2019 A nnual A ction Plan as required by the U.S.
Department of Housing and Urban Development (HUD)
(RE C O M M E ND E D AC T IO N: City Council conduct the public hearing.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the October 24, 2016, November 28, 2016, J anuary
23, 2017, J anuary 30, 2017 and October 8, 2018 Study
S ession
B .Minutes of the October 15, 2018 Regular Council Meeting
C.Claim Vouchers (Coleman)
Claims vouchers 451160 through 451441 in the amount of $2,765,879.55 and seven
wire transfers in the amount of $245,684.34 and dated November 5, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 538143 through 538162 in the amount of $515,906.61,
electronic deposit transmissions in the amount of $1,895,495.12 for a grand total of
$2,411,401.73 for the period covering October 11, 2018 to October 31, 2018.
E .P arks P roject No. C P 1820 (F aber)
City Council to award small works contract to Waters and Woods for P roject No.
C P1820 Replacing a P icnic Shelter at I saac Evans Park
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F.P ublic Works P roject No. C P 1709 (Gaub)
City Council to award Contract No. 18-07, to R.L . Alia Company on their low bid of
$370,722.00 plus Washington State sales tax of $37,072.20 for a total contract price
of $407,794.20 for P roject No. C P 1709, Reservoir No. 1 Seismic Control Valve
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .O RD INANC E S
A .Ordinance No. 6692 (Tate)
A n Ordinance of the City Council Of the City of Auburn, Washington related to
B usiness L icenses, amending definitions, and amending Chapter 5.10 of the A uburn
City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6692.)
B .Ordinance No. 6696 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington related to
infrastructure payback agreements, amending Chapter 3.25 of the A uburn City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6696.)
C.Ordinance No. 6697 (Gross)
A n Ordinance of the City Council of the City of A uburn, Washington relating to criminal
offenses, amending Section 9.22.010 of the A uburn City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6697.)
X I .RE S O L UT IO NS
A .Resolution No. 5386 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, amending the
2019-2024 Six-Year Transportation I mprovement Program of the City of A uburn
pursuant to Chapter 35.77 of the revised Code of Washington
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5386.)
B .Resolution No. 5387 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute a real estate easement agreement between the City of A uburn and
P uget S ound Energy for conveyance of a utility easement
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5387.)
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
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their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Presentation - Yes Vets
Date:
October 31, 2018
Department:
Human Resources
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Presentation to Council
Background Summary:
The Employment Security Department, in partnership with Washington Department of
Veterans Affairs, Department of Commerce, Washington State Military Transition Council,
Washington State SHRM, and local chambers of commerce across the state, have partnered
to create a statewide campaign to hire veterans, supporting House Bill 2040. This Bill,
introduced by Representative Gina Mosbrucker, recognizes employers who show their
commitment to veteran employment by hiring veterans into their workforce.
Rev iewed by Council Committees:
Councilmember:Staff:Martinson
Meeting Date:November 5, 2018 Item Number:AN.1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on 2019-2020 Preliminary Biennial Budget
Date:
October 29, 2018
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council to conduct a public hearing to receive public comments, proposals and
suggestions on the 2019-2020 Preliminary Biennial Budget.
Background Summary:
All persons interested are encouraged to participate in this public hearing by making
comments, proposals, and suggestions to the City Council and Mayor to consider prior to
adoption of the City of Auburn’s 2019-2020 Biennial Budget.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:November 5, 2018 Item Number:PH.1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for 2019-2024 Transportation Improvement Plan
Modification
Date:
October 30, 2018
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council to hold a public hearing for Resolution No. 5386. See Resolution No. 5386 for
further action on this item.
Background Summary:
Pursuant to RCW 35.77.010 the City is required to prepare and adopt a Transportation
Improvement Program (TIP) for the ensuing six years. The program may be revised at any
time by a majority of the City Council, but only after conducting a public hearing.
The date of public hearing was set by Resolution No. 5385 on October 15, 2018.
The proposed TIP modification would add a new project to the current TIP. The proposed
project (I-15), would design and construct a new traffic signal at the 10th Street NW
intersection with B Street NW.
The 10th Street NW intersection with A Street NW is currently stop-controlled on the 10th
Street NW approach. The left-turn movement on this approach has been identified as
operating at LOS E, which falls below the LOS D standard adopted by the City for this
intersection. The signalization of the intersection is identified as the appropriate improvement
to address this LOS deficiency.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:November 5, 2018 Item Number:PH.2
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for the 2019 Community Development Block Grant
(CDBG) Annual Ac tion Plan
Date:
October 30, 2018
Department:
Adminis tration
Attachments:
No Attac hments Available
Budget Impact:
Adminis trative Rec ommendation:
City Counc il to c onduct the Public Hearing
Background Summary:
The 2019 Annual Ac tion Plan outlines propos ed expenditures to implement the City’s efforts related to
its CDBG projec ts. It identifies federal and loc al funds expec ted to be available, indic ates the ac tivities on
which they will be s pent, and s ets goals for the number and type of services expec ted to be
provided. The proposed 2019 Annual Ac tion Plan is a requirement for the Department of Hous ing and
Urban Development's (HUD) Community Development Bloc k Grant (CDBG) Program. The Ac tion Plan
des cribes hous ing and c ommunity development needs as well as ac tivities to addres s those needs. The
Ac tion Plan brings together, in one submis s ion, the planning and funding recommendations for human
s ervic es , neighborhood revitalization and capital improvements funded by the Community Development
Block Grant program. The Plan inc ludes project desc riptions , recommended funding and propos ed
acc omplis hments for the 2019 program year.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Hinman
Meeting Date:November 5, 2018 Item Number:PH.3
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 24, 2016, November 28, 2016, January
23, 2017, January 30, 2017 and October 8, 2018 Study
Session
Date:
October 18, 2018
Department:
Administration
Attachments:
10-24-2016 Study Ses s ion Minutes
11-28-2016 Study Ses s ion Minutes
01-23-2017 Study Ses s ion Minutes
01-30-2017 Study Ses s ion Minutes
10-08-2018 Study Ses s ion Minutes
Budget Impact:
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 5, 2018 Item Number:CA.A
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City Council Study Session
Oc tober 24, 2016 - 5:30 PM
City Hall Annex - 1 Eas t Main Street
MINUTES
I.CALL TO ORDER
Deputy Mayor Wales called the meeting to order at 5:30 p.m. in Room 2 of the City Hall Annex located
at 1 East Main Street in Auburn.
A.Roll Call
C ouncilmembers p res ent: Dep uty Mayor Largo Wales, Bo b Baggett, C laude DaC orsi, John
Holman, Bill P elo za, and Yo landa Trout-Manuel. C o unc ilmember R ic h Wagner arrived at 5:33
p.m.
Mayor N ancy B ackus and the following department directors and staff members were present: City
Attorney D aniel B . H eid, C hief of P olice B ob L ee, C ommunity D evelopment and P ublic Works
D irector K evin S nyder, E nvironmental S ervices M anager Chris Andersen, E nvironmental P lanner
J enna Leonard, Assistant Director of E ngineering S ervices/C ity Engineer Ingrid G aub, Assistant City
Attorney Jessica L eiser, E conomic Development M anager D oug L ein, P roperty Analyst J osh Arndt,
D irector of Administration D ana Hinman, H uman S ervices C oordinator E mily P earson, Innovation
and Technology Director P aul H augan, Assistant D irector of C ommunity D evelopment S ervices J eff
Tate, Finance D irector S helley Coleman, H uman R esources and Risk M anagement D irector R ob
Roscoe, T ransportation Manager P ablo P ara, and Deputy City Clerk Shawn Campbell.
B.Announcements
There was no announcement.
C.Agenda Modific ations
There was no change to the agenda.
II.CONSENT AGENDA
Cons ent agenda items are not cons idered at study sessions .
III.DISCUSSION ITEMS
A.Boeing Auburn Facility Groundwater Contamination Update (20 Minute Presentation/10 Minute
Q&A) (Snyder)
Repres entatives from the Washington Department of Ecology will provide an update briefing
regarding the progress and s tatus of the Boeing Auburn Fabric ation Site groundwater
c ontamination remedial investigation.
Neil Hines , P.E., S ite Manager, fo r the Was hingto n S tate Dep artment o f Ec o lo gy p ro vided the C ity
C ouncil with a b rief up d ate o n the Boeing Auburn F ab ricatio n S ite Inves tigation. Mr. Hines
reported the B oeing Auburn investigation has reached a milestone this year. T he R emedial
Investigation is nearing completion, and the D epartment of Ecology has made significant progress in
understanding where groundwater contamination is located and if there are concerns for the
environment or human health.
Mr. Hines provided a brief review of the projec t background and what is known about drinking
water, s urfac e water, gro und water as well as ind o o r air q uality. In p arts o f Aub urn and Algona,
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groundwater is contaminated with a degreas er called trichlo ro ethene (T C E) and its breakdown
produc ts. It is b elieved that the c o ntaminants o riginated fro m the Boeing Aub urn plant. T he
contaminated gro und water (plume) flows no rth and northwes t away fro m the Bo eing property into
portions of southwest Aub urn and northeast Algo na. T he c hemic als found are at low levels that
are not expec ted to pos e a ris k to human health and the environment.
T he R emed ial Inves tigation and Draft R ep o rt has been c o mp leted. T he R emedial Investigation
R eport contains the b o und aries of the c o ntaminated gro und water; the loc ations , concentrations,
and depths of c hemic als and b reakdown products in s oil, groundwater, s urfac e water and air; an
evaluation o f the potential pathways fo r human exposure to the c hemic als ; and a detailed
des cription of the areas of potential impacts .
In 2017, the F eas ib ility S tud y will id entify solutions for c leanup o f the affected areas , the c o s t, the
likelihood of s ucc es s and permanent remed y, timeline for imp lementation, and cleanup levels for
any areas where c onc entrations are elevated.
Mr. Hines reported the s urfac e water has no t been a health concern. T he C ity's d rinking water
wells are not at ris k, and the chemicals are not detec ted in the wells .
Mr. Hines advis ed that Department of Ecology has reviewed Bo eing's draft R emedial Investigation
R eport, and Boeing is c urrently res pond ing to Department of Ecology's comments. T he
R emediation Inves tigatio n R ep o rt will b e releas ed to the pub lic and a pub lic comment p erio d will
occ ur in early 2017.
B.10 Year Ec onomic Development Strategic Plan (30 Minute Presentation/30 Minute Q&A)
Economic Development Manager Doug Lein introduced the following c onsultants who provided
the analysis to develo p the ten-year econo mic d evelopment strategic plan: Jeff Marc ell, S enior
P artner with T I P S trategies , C aro line Alexand er, P ro ject Manager with T I P S trategies, Matt
Hoffman, S enio r P rojec t Manager with Heartland , and Kimb erly Allred, P rojec t Manager-R etail
S trategies with R etail C oac h. Together the team of c o nsultants p ro vided ec o nomic and
demographic analys is , analys is of retail data, and real es tate analysis as well as public engagement.
Mr. Marc ell provid ed a brief o verview of the components of the p lan: kic k-off meeting; existing
conditions analysis; market c ap acity study; analys is o f strengths , weaknes s es , o p p o rtunities and
threats; reverse s ite selec tion; perc ep tion survey; best p ractices case studies and performance
metric s ; target ind ustry valid ation and selec tion; p ublic engagement; ten-year C omprehensive
Economic Development S trategic P lan; Ec o nomic Development S trategic P lan review; refinement
and adoption; and project management.
Mr. Marc el reviewed the outcomes thus far: assessment o f existing cond itions , including
demographic, retail and market d ata; doc umentatio n of Aub urn's competitive pos itio n both within
and o uts id e the region; s takeholder engagement in the p lanning proc es s with goal o f c reating "buy-
in" for the resulting plan; identific ation o f relevant bes t p rac tic es ; and preparatio n of city-spec ific
plan, including detailed strategies , actions, and implementation matrix.
Ms. Alexander reviewed the key find ings : s trong p o p ulatio n growth, large lab o r pool, strong
educ ation and training assets , authentic downto wn, divers e econo mic base, and geographic
location. Some of the weaknesses inc lude: weak external perception, educational attainment, labor
costs , availability of buildings , and energy costs .
Mr. Ho ffman reviewed commerc ial, o ffice, and indus trial land us es within the c ity and the
s urrounding c ompeting c ities . He also reviewed the regulatory findings and the commerc ial impact
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fee c o mp aris o n. He noted permitted us es are generally flexib le, height is p res criptive and mas s ing
is flexib le fo r mo s t zo ning c atego ries , parking requirements are comparable to peers, development
process is relatively p red ictab le and respons ive, and the fee s tructure makes Aub urn "average" in
terms of c os t of doing busines s .
Mr. Hoffman reviewed the market capac ity analys is , the supply and demand report, and
opportunity areas .
Ms. Allred reviewed the retail trad e area, the demograp hic p ro files , and a retail opportunity
analys is .
Mr. Marc ell no ted the retail data that has b een c ompiled for the s trategic plan has alread y been
used to educ ate retailers about what is happening in Auburn.
Mr. M arcell directed the C ouncil to the strategic plan where the economic development vision
includes: a vibrant, connected, healthy community for residents to live, visitors to enjoy, and
businesses to thrive; a robust, diverse employment base that provides good economic opportunities
for residents and supports high-quality city services; and a strong educational system that prepares
residents with skills that Auburn-based employers seek.
Areas of opportunity include delivery of economic development services, an inventory of sites, a
business climate, and a physical environment that fosters business growth and ensures a resilient
employment base, attractive gateways, impression corridors, and destinations that define the character
of Auburn, and a coordinated marketing and branding campaign that elevates Auburn's reputation
among internal and external customers.
Mr. M arcell stated it is important to formalize the program to sustain economic development in the
City. He also also spoke about the importance of performance measurement.
Mr. Marcell stated the finalized strategic plan will be presented in November.
C.Community Sustainability Briefing #2 ( 20 Minute Pres entation/10 Minute Q&A) (Snyder)
The Current State of Climate Sc ienc e; Technological Advanc es for Municipal Use
Jenna Leonard , Environmental P lanner, provid ed a briefing ab o ut community s ustainability in
Auburn.
P lanner Leo nard provid ed a b rief o verview of the c urrent state of c limate sc ienc e. S he reviewed
the findings that the earth's c limate is warming. T he lead ing c ause o f the earth's temperature
inc reas e is d ue to inc reas ed c arb o n d io xide levels. C arb o n d io xide fro m fossil fuels comprises 65
percent of global greenhous e emis s io ns . O ther global emis s ions includ e: c arb o n d io xide from
fores try and land us es , methane, nitrous o xide, and other F -gas s es . O n a lo cal level, greenhouse
emis s ions b y munic ip al s ecto r inc lud e: water and wastewater p ump s tatio ns , b uildings, vehicle
fleet, street lights and employee commute.
P lanner Leo nard reviewed the effec ts of c limate changes in the P uget S o und region, inc luding
impacts to sno wpac k and streamflo w, landslides and s ed iment trans p o rt, flooding, impac ts to
s almon, altered timing o f biologic al events , c hanges in s p ecies d is tributions , imp acts to forests ,
and impacts on agriculture.
T he I ntergovernmental P anel on C limate Change Fourth Assessment R eport models project
inc reas es in annual temperature of 2.0 degrees by the 2020's, 3.2 degrees by the 2040's and 5.3
degrees by the 2080's.
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T he April 1 snowpack is projected to decrease by 28 percent across the state by the 2020's, 40
percent by the 2040's and 59 percent by the 2080's, compared with the 1916 to 2006 historical
average.
T he Yakima basin reservoir system will likely be less able to supply water to all users, especially those
with junior water rights.
Rising stream temperatures will likely reduce the quality and extent of freshwater salmon habitat.
D ue to increased summer temperatures and decreased summer precipitation, the area burned by fire
regionally is projected to double by the 2040's and triple by the 2080's.
T here are projected increases in extreme high precipitation over the next 50 years, particularly in the
P uget Sound region.
An increase in deaths related to heat and air pollution will continue throughout the century.
T he primary impact of climate change on P uget S ound natural water supply will be a shift in the
timing of peak river flow from late spring to winter.
Changes in seasonal temperatures and water availability are projected to lead to declining crop yields
for crops of regional importance, such as cherries, apples and potatoes.
Annual hydropower production is projected to decline by a few percent due to small changes in
annual stream flow, but seasonal changes will be substantial.
D ue to climate stress on host trees, mountain pine beetle outbreaks are projected to increase in
frequency and cause increased tree mortality.
Forest species composition is expected to change in response to water availability, disease outbreaks,
and forest fires.
Rising stream temperature will reduce the quality and quantity of freshwater salmon habitat
substantially.
Increased flood risk will in turn increase the risk of streambed scouring of spawning habitat.
Sea level rise will shift coastal beaches inland and increase erosion of unstable bluffs.
Increased ocean temperatures and acidity will negatively impact shellfish, as well as potentially lead to
increased harmful algae blooms.
Sea level rise will impact the P orts of Tacoma and Seattle, which are both situated only slightly above
existing sea level.
P lanner Leonard reported work has begun on updating the City's 2010 greenhouse gas inventory.
Also, a Climate Action P lan will be developed for the City.
Some tec hnologic al approac hes for munic ipalities to take advantage of to reduce emis s ions is to
introduc e alternative fuel fleet, c onvers ion to LED lighting, Leaders hip in Energy and
Environmental Des ign (LEED) certified c onstruc tion, green rooftops , and inc reas ed digital acc es s .
One of the leading regional efforts in climate c hange is the King County Cities for Climate, als o
known as K4C.
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Counc ilmember Peloza spoke regarding the potential use of solar power.
Counc ilmember Wagner s uggested us ing the connec tion between air quality and climate c hange.
Counc ilmember Baggett s uggested a pamphlet on sus tainable Auburn for distribution to the public
as a tool to communic ate to the residents on how they c an reduc e their carbon footprint.
D.Ordinanc e No. 6619 (5 Minute Pres entation/5 Minute Q&A) (Snyder)
Northwest Pipeline Franchis e Agreement
Transportation Manager P ara p res ented O rd inance No . 6619, granting Northwest P ipeline (NW P )
a franc his e fo r a ten year term to continue to o p erate within the C ity's rights-of-way a natural gas
trans mis s ion and dis trib utio n p ip eline. NW P 's existing fac ilities currently o nly serve Enumc law
Natural G as lo cated in s o uth Auburn off o f Aub urn Way S outh in the Ac ad emy Drive
neighborhood. NWP currently has no plans to expand services.
A public hearing on the franc hise agreement is sc heduled for November 7, 2016.
As s is tant Directo r o f Engineering S ervic es G aub explained the state and federal governments
regulate pipeline s afety. NWP is required to perform periodic testing for pipeline s afety purpos es .
E.Pedes trian Cros s walks (20 Minute Presentation/10 Minute Q&A) (Snyder/Ros coe)
Transportation Manager P ara and Human R es o urc es and R is k Management Direc tor R os coe
pres ented information on pedestrian crosswalks.
Manager P ara exp lained the d efinitio n of a crosswalk: the p o rtion o f a roadway between the
inters ection area and a prolongatio n or connec tion o f the farthes t sidewalk line or in the event there
are no s id ewalks then b etween the intersec tion area and a line ten feet therefrom, except as
modified by a marked crosswalk. A marked c ro s s walk is any portio n o f a ro ad way distinc tly
indic ated for pedestrian crossing by lines or other markings on the surface of the roadway.
T he C ity us es the F ederal Highway Adminis tratio n's rep o rt, the manual o n Unifo rm Traffic C ontrol
Devices, and engineering judgment on whether to mark a crosswalk at uncontrolled locations.
T here are three types o f crosswalks: traffic s ignal controlled c ro s s ings , s top sign c ontrolled
crossings, and designated sc hool zone crossings. Typic ally, all legs at a traffic signal controlled
crossing are marked as a crosswalk unless a traffic study determines otherwise. At s top sign
controlled c ro s s ings , the c ro s s walk area is not marked unles s a traffic s tudy d etermines a safety
benefit to d irec ting p ed es trians to a preferred c ros s ing loc ation. In designated s cho o l zone,
crosswalks are determined in coordination with eac h s chools Safe Walking Committee.
T he C ity relies on a rep o rt fro m the F ed eral Highway Adminis tratio n fo r "unc o ntro lled " locations.
T he F HWA report provid es c ros s walk markings at uncontrolled locations s ho uld not be used
indisc riminately and s hould be jus tified by an engineering s tud y. Marking crosswalks alone is not
as s ociated with imp ro ved s afety. Marking c ro s s walks on multi-lane ro ad s is assoc iated with
inc reas ed pedestrian crash rates .
Deputy Mayor Wales as ked whether the C ity us es a cons is tent design for crosswalks.
Transportation Manager Para s tated the City uses the piano keys s tyle.
C ouncilmember Wagner asked ab o ut roundabouts. Trans p o rtatio n Manager P ara advised
crosswalk markings would be used with roundabouts .
C ouncilmember DaC ors i as ked ab o ut the intersec tion on 8th S treet NE at P ike S treet NE wes t of
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R S treet NE. Trans portation Manager P ara explained that s taff have looked at the inters ection.
T he c ros s ing was mo ved fro m the west side o f the inters ec tion to the eas t s id e of the intersec tion
to decrease pedes trian expos ure.
Director R osc o e s tated c ro s s walks c an give p ed es trians a fals e s ense o f s ec urity. He als o stated
that c ro s s walks s hould only be installed after an engineering s tud y and with ample warrants and
justification for its ins tallation and des ign.
Director R osc o e spoke about the liability and risk with traffic acc id ents and c ro s s walks . He
directed the C ounc il's attention to R C W 4.22.070 which provid es that in mos t cases in
Washington, the trier of fac t is respons ib le for ap p o rtioning fault between the p arties, inc lud ing the
plaintiff, the d efendants and any third parties . Each party is res p o nsible fo r its p ro p o rtional share
of the damages , but there are several exc ep tions . If two or more parties are fo und to be at fault
and the victim is determined to be fault free, the victim c an c o llect the entire jud gment awarded
from any of the at fault parties regardles s of their apportioned liability.
J oint and several liability leads to lawyers searching for "deep pockets" to sue even though those
defendants may only be remotely related to an accident.
T he C ity's duty is to design and maintain roadways in a "reasonably safe" condition for ordinary
travel. T he C ity is not required to update to present day standards, and the C ity is not required to
anticipate and protect against all imaginable acts of negligent drivers. I t is important that the City
conduct traffic studies and always follow normally accepted engineering practices.
F.2017-2018 Human Services Funding (10 Minute Pres entation/20Minute Q&A) (Hinman)
Council to further dis cus s 2017-2018 Human Services Funding recommendations as pres ented by
the Human Services Committee Chair on September 26, 2016.
Director of Adminis tratio n Hinman and Human S ervic es C oordinator P ears o n pres ented additional
data for the 47 agencies s elected for human s ervic es funding by the Human Servic es Committee.
T he foc us areas for funding are: poverty reduction, c hild abuse and neglect, domes tic violenc e
and s exual assault, and health c are services.
Director Hinman no ted additio nal c o lumns were added to the matrix to indic ate to tal agenc y
budget, perc ent of human s ervic es program funding, and number of Auburn res idents served.
Councilmember P eloza requested an additional column to identify the percent of human services
funding to the overall agency budget.
Deputy Mayor Wales s p o ke favorably for fund ing for employment as s is tanc e, b ut she ques tioned
the funding recommended for King County Public Health.
C ouncilmember DaC o rs i no ted the funding reques ted fro m the multi-service center fo r s helter and
trans itional hous ing but questioned whether they could expand their program to s erve more
Auburn residents.
C ouncilmembers as ked several other ques tions about the various p ro grams recommend ed for
funding.
C ouncilmember Wagner stated the C ity C o uncil sho uld re-evaluate its fund ing criteria fo r future
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human s ervic es funding.
IV.EXECUTIVE SESSION
At 8:30 p .m., Dep uty Mayor Wales reces s ed the meeting to exec utive session for ap p ro ximately 30
minutes in order to disc uss three is s ues o f pend ing/potential litigation purs uant to R C W 42.30.110(1)(i).
At 9:01 the exec utive s es s ion was extended an additional 10 minutes.
T he meeting was reconvened at 9:11 p.m.
V.ADJOURNMENT
There being no further disc ussion, the meeting adjourned at 9:11 p.m.
APPROVED THIS _____ DAY OF _______________, 2018.
_________________________________ ______________________________
BOB BAGGETT, DEPUTY MAYOR Shawn Campbell, City Clerk
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City Council Study Session
No vember 28, 2016 - 5:30 PM
City Hall Annex - 1 Eas t Main Street
MINUTES
I.CALL TO ORDER
Deputy Mayo r Wales c alled the meeting to o rd er at 5:32 p .m. in C onferenc e R oom 2 at the C ity Hall
Annex loc ated at 1 East Main Street in Auburn.
A.Roll Call
C ouncilmembers p res ent: Dep uty Mayor Largo Wales, Bo b Baggett, C laude DaC orsi, John
Holman, Bill Peloza, Yolanda Trout-Manuel, and Rich Wagner.
Mayor Nancy B ackus and the following department directors and staff members were present:
Finance D irector Shelley C oleman, E conomic D evelopment M anager D oug L ein, C ity Attorney
D aniel B . H eid, P olice Commander M ark C aillier, P arks, Arts and R ecreation Director D aryl F aber,
Innovation and Technology D irector P aul Haugan, Community D evelopment and P ublic Works
D irector Kevin S nyder, Assistant D irector of E ngineering S ervices/C ity E ngineer I ngrid G aub, P roject
E ngineer J ai Carter, P roject Engineer S eth Wickstrom, T ransportation Manager P ablo P ara,
Communications C oordinator K alyn B rady, P lanning S ervices M anager J eff D ixon, Assistant D irector
of C ommunity D evelopment S ervices J eff Tate, E mergency M anager Jerry T horson, and Deputy
City Clerk Shawn Campbell.
B.Announcements
There was no announcement.
C.Agenda Modific ations
F or c larific ation of thes e minutes , Item L, Homelessnes s Tas k F o rce Up d ate was dis cus s ed
immediately following Item A, Touris m Lodging Taxing C o mmittee and Tourism Board. Also,
Item K, Emergenc y Management Winter Weather P reparatio n was d is cus s ed after Item L. T he
remaining items were dis cus s ed in order.
II.CONSENT AGENDA
There was no Cons ent Agenda item.
III.DISCUSSION ITEMS
A.Touris m Lodging Tax Committee and Tourism Board Update (10 Minute Pres entation) (Hinman)
Economic Development Manager Lein provided the C ouncil with an overview of the Tourism
Board and the Lodging Tax Advisory Board (LTAC) authority and activities .
T he To urism Board s erves as an ad visory board to the Mayor and C ity C o uncil to as s is t the C ity
C ouncil fo rmulate s trategies fo r to uris m related ac tivities , p ro jects and p ro grams geared to
promote the C ity o f Auburn as a to uris t des tination, and enhanc e the ability o f loc al bus ines s es to
s erve the needs of touris ts and the tourist industry in Auburn.
T he Lodging Tax Advis o ry C o mmittee vision s tatement inc lud es : ab ility to capitalize on
partners hips that s howcase the C ity's lo catio n, bus inesses, entertainment, festivals, sho p p ing and
gaming as s ets to inc reas e tourism activity.
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T he LTA C o b jectives inc lude: increase hotel o cc upancies and generate greater revenues for
touris m marketing activities , enc ourage sus tained year round visitors by promoting shoulder and
off-s eas on p erio d s , inc reas e lengths of s tay by converting corporate b usines s travelers and other
visitors into touris ts, and promote retail options as part of touris m.
Manager Lein reviewed the acc omplis hments in 2016: approved $52,000 in tourism grants ,
releas ed a reques t fo r propos als fo r a touris m marketing cons ultant, and as s igned To urism to the
Economic Development Division of Adminis tratio n. Additio nally, the Touris m Bo ard and LTAC
conduc ted a jo int work s es s ion where a bus ines s plan was ap p ro ved, a 2016 bud get amendment
was approved, and 2017 and 2018 budgets were developed and approved.
Manager Lein briefly dis cus s ed the touris m media buy for fourth quarter 2016.
Manager L ein stated the marketing consultant will be developing the 2017 and 2018 marketing and
branding plans. T he consultant will be developing a new website and promotional video as well.
B.City Council Organization Committee/Study Session Hybrid
C ouncilmember Wagner presented draft info rmation on a hybrid s ystem o f C ity C ouncil
committees and s tudy s es s ions.
T he proposal cons is ts of five committees with assigned s cope and c o mmittee names . S tudy
s es s ions would be retained and held prior to the Council meeting. Retreats will be retained.
T he committee s tructure would c ons is t o f: Ec o nomic Develo p ment (meets o nc e per month);
Munic ipal S ervic es (meets once p er month), C ommunity Development and P ublic Wo rks (meets
twice p er mo nth, F inance (meets o nc e per month while the ad ho c c o mmittee would meet twic e
per month), Health and Human S ervices (meets once p er month) and C o uncil O peratio ns (meets
as needed).
Councilmember D aC orsi stated he is not a proponent of changing the study session format. He
shared a revised proposal to keep some committees and utilize ad hoc committees. Municipal
Services would become an ad hoc committee. C ommunity D evelopment and P ublic Works would be
combined with E conomic D evelopment and would be a committee of the full C ouncil. F inance would
be an ad hoc committee. A separate Health and Human S ervices committee would be comprised of
the full C ouncil. T he C ouncil O perations C ommittee would be replaced with C ouncil of the W hole.
Study S essions would continue on the second and fourth M ondays. C ouncilmembers D aCorsi
discussed potential meeting schedules and chair and vice chair selection processes.
Councilmembers discussed the merits of replacing the C ouncil O perations C ommittee with meetings
of the C ouncil of the W hole meetings. Several C ouncilmembers were in favor of C ouncil of the
Whole meetings.
Counc ilmember Holman s poke in favor of us ing ad hoc c ommittees .
Counc ilmembers also s poke about who controlled s etting the agendas .
Mayor Backus s tated there are some s taff driven items that c annot wait a month to go forward.
Counc ilmember Trout-Manuel s tated she preferred the old committee s tructure.
Councilmember P eloza expressed support for the previous C ouncil C ommittee structure. H e believes
the C ouncil needs to meet in committee more often. H e stated he understood that it may require
more staff time to support the committees.
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Deputy Mayo r Wales agreed that C ounc il O p erations C o mmittee c o uld b e o mitted and replaced
with the Committee of the Whole meetings .
Deputy Mayor Wales questioned whether ec onomic development should be included as part of the
Community Development and Public Works Committee or inc luded in another committee.
C ouncilmember DaC o rs i s tated that he learned no thing more in the c o mmittee s tructure than in
C ouncil study s es s io ns. He als o s p o ke about the potential fo r violating the O pen P ublic Meetings
Act if the c o mmittee struc ture was in plac e. C ounc ilmemb er DaC orsi s p o ke in favor o f more
meetings of the full Counc il rather than a c ommittee of three.
Councilmember T rout-M anuel stated she is more comfortable asking questions in a committee of
three.
C ouncilmember Holman stated he believes that in the c o mmittee s truc ture, C ounc ilmemb ers were
not necessarily rec eiving the same information.
C ouncilmember DaC o rs i propos ed the C o mmunity Develo p ment/P ub lic Works/Economic
Development Committee meet once a month on a trial bas is .
Mayor Bac kus s tated s taff sho uld be given an opportunity to prepare info rmation o n s taff c os ts
and impac t on efficiencies of a new c ommittee struc ture format.
At 7:20 p.m. Dep uty Mayor Wales recessed the meeting fo r a five minute intermis s io n. T he
meeting was reconvened at 7:25 p.m.
C.Police Department Range His tory & Us age (10 Minute Pres entation) (Lee)
A brief overview of the Auburn Police Department's range history and usage.
P olice C o mmander C aillier pres ented an o verview of the Auburn P olic e firing range using a
PowerPoint pres entation.
T he range is located at the base of Terrace D rive and 15th S treet N W. T he entrance was originally
on 15th S treet N W, but is now from Terrace D rive. T he range is on a parcel consisting of 39 acres,
and the range sits on the southeast corner of the parcel.
T he range is limited to law enforcement. I t was created in 1962. T he range originally faced west and
was reconfigured in the 1990's and faces north/northwest.
T he range building was constructed in 2013. I t has no running water. A port a potty is serviced
weekly. P ower is available but not in use. B enches and weapons stands were created by B oy S couts
as a service project. G ravel and foliage maintenance is performed by P ublic Works. T he range is
surrounded by barbed wire fencing and is posted as no trespassing. T he gravel backdrop is refilled as
needed.
T he site also has a gravel base with earth berms surrounding the firing lanes. T he backdrop is
sand/gravel with earth behind it. T he trees and hills surrounding the site help minimize the noise from
the range.
Currently the range is used by Auburn P olice, Valley S WAT and S C O R E . R ange hours are from
8:00 am. to 4:00 p.m., M onday through Friday. Any night or weekend shooting must be approved by
the C hief of P olice. Weapons used include handguns and rifles with a maximum distance of 100
yards.
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D eputy M ayor Wales asked about the lead in the berm. Commander C aillier stated there is limited
lead in the ammunition used at the range. According to E PA standards, the department is not allowed
to sift the gravel or walk on the berm due to possible lead contamination. T he department is allowed
to add sand to the berm.
Assistant Director Gaub stated there is no threat to the West Hill Springs watershed.
D.3rd Quarter 2016 Financial Report (10 Minute Presentation) (Coleman)
F inance Direc tor C o leman pres ented the third quarter 2016 F inanc ial R ep o rt, whic h provid es an
overview of the City's overall financial pos ition for the fisc al period ending September 30, 2016.
T he General F und revenues totaled $45.0 million through S eptember 2016 compared to budget of
$41.7 million and were $2.5 million more than the same time last year.
General Fund expenditures through the third quarter 2016 totaled $46.8 million compared to budget of
$50.0 million. All departments operated within their allocated budget with the exception of P ublic
Works. T he department is running over budget in salaries and benefits as project engineers are
charging more of their time to General Fund projects versus transportation and utility projects.
Finance D irector C oleman noted revenues for building permits and development service fees are
greater than anticipated. P roperty taxes and sales and use taxes are on budget. T he real estate excise
taxes are also doing well.
Council briefly discussed opportunities to improve pet licensing.
Finance Director Coleman reviewed Fund 124, Mitigation Fees.
Director Coleman reported all utility funds are strong.
E.Ordinanc e No. 6632 (10 Minute Presentation) (Snyder)
An Ordinance of the City Counc il of the City of Auburn, Was hington, relating to Planning;
adopting the 2016 Annual Comprehensive Plan Map and Text Amendments purs uant to the
provis ions of RCW Chapter 36.70A
P lanning S ervices Manager Dixon presented O rdinanc e No. 6632 amending the C omprehensive
Plan to include 2016 Annual Comprehens ive Plan map and policy/text amendments .
E ach year the C ity amends its C omprehensive P lan to keep up with housekeeping changes and to act
on privately initiated Comprehensive P lan amendments.
T his year the C ity is considering eight amendments: five policy/text amendments initiated by the C ity
and three map amendments--one amendment initiated by the C ity and two privately initiated map
amendments.
Manager D ixon reviewed the process for considering privately initiated C omprehensive P lan
amendments.
Comprehensive P lan Map Amendment 2 is a request from Romart Investments. LLC to revise official
map to change the designation of an approximately 2.27-acre vacant parcel from S ingle F amily
Residential to L ight Commercial. T he parcel is located at the northwest corner of 182nd Avenue E ast
and L ake Tapps P arkway E ast. (P arcel #0520051045). T he P lanning C ommission recommended
approval of the amendment.
Comprehensive P lan M ap Amendment 1 is a request from K ana B L L C , to change map designation
of two of four parcels under the same ownership from the L ight C ommercial to L ight I ndustrial to
allow a change in the zoning designation. P arcel #3121059033 – 1.32 acres and P arcel #3121059036
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- 2.33 acres. T he P lanning Commission recommended approval of the amendment.
Councilmembers discussed the types of uses allowed in a Light Industrial zone.
T he third map amendment was initiated by the C ity to change designation of three developed parcels
totaling approximately 144.7 acres from L ight I ndustrial and Institutional to H eavy C ommercial. T he
property is located at the southwest corner of C S treet S W and 15th Street S W (P arcel #
2421049004, 2521049114 & 25212049115). T he properties are owned by G S A and the C ity. T his
change is in anticipation of redevelopment of the G S A property. T he P lanning C ommission
recommended approval of the change.
T he five policy/text amendments consist of the C apital F acilities P lans for four school districts and the
City's C apital Facilities P lan. T he P lanning C ommission recommended approval of the policy/text
amendments.
F.Ordinanc e No. 6627 (5 Minute Pres entation) (Snyder)
An Ordinance of the City Counc il of the City of Auburn, Was hington amending s ections
19.02.115, 19.02.120, 19.02.130 and 19.02.140 of the Auburn City Code relating to Sc hool Impact
Fees
P lanning S ervic es Manager Dixo n p res ented O rdinanc e No . 6627, amend ing Aub urn C ity C ode
relating to s chool impac t fees .
T he Auburn S chool District, D ieringer S chool D istrict, F ederal Way S chool D istrict and the K ent
School D istrict provided the C ity with updated capital facilities plans to be considered during the
City's annual C omprehensive P lan amendment process. T he C ity C ouncil may also determine if an
adjustment to the amount of the school impact fee is needed. T he C ity C ouncil is not obligated to
accept the fees proposed by the school districts and may establish fees that the Council determines are
more appropriate and consistent with the public's interest.
Manager D ixon referred to C ity C ode C hapter 19.02 which contains the calculation for the impact
fees.
T he D ieringer School D istrict presented a C apital F acilities P lan which justifies a higher school impact
fee; but the D ieringer S chool D istrict did not propose an increase in the impact fee. However, P ierce
County adopted a higher school impact fee schedule of $3,400 for single family and $1,759 for multi-
family residential. City staff recommends a rate consistent with P ierce County rates.
T he F ederal Way S chool D istrict C apital F acilities P lan proposes a substantial increase for multi
family residential from $506.00 to $8,386. T he rate was attributed to their reliance on K ing County
student average for the past several years. W hen some new large multi-family developments came on
line, the D istrict used the actual student generation rates, which caused the fluctuation in the rates.
Manager Dixon noted King C ounty has adopted the impact fee rate of $8,386 and staff recommends
adopting the same rate.
T he ordinance will appear before the Council on December 5.
G.Ordinanc e No. 6630 (5 Minute Pres entation) (Coleman)
An Ordinance of the City Counc il of the City of Auburn, Was hington, amending Section
13.06.360 of the Auburn City Code relating to utility rates .
F inance Direc tor C oleman p res ented O rdinanc e No. 6630, whic h is es s entially a housekeeping
meas ure. The ordinance relates to a wholesale water rate for Water District No. 111.
T he current wholesale rate for Water D istrict N o. 111 is based on a 2010 I nterim Water Sales
Agreement. O rdinance No. 6630 will establish a new rate with Water D istrict No. 111 to reflect the
actual cost of providing wholesale water service and is consistent with the current wholesale water
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rate charged to the other wholesale water customer, the City of Algona. I f adopted, the rate would be
effective January 2, 2017.
H.Ordinanc e No. 6633 (10 Minute Presentation) (Snyder)
An Ordinance of the City Counc il of the City of Auburn, Was hington, c reating a permit for truck
parking on c ity streets and res tric ting the movement of large vehicles in the downtown urban center
Transportation Manager P ablo P ara pres ented O rdinanc e No . 6633, whic h will create changes in
truck p arking and res tric t truc k mo vements in a d o wntown traffic c ontrol zo ne. He no ted the C ity
has exp erienc ed an inc reas e in problems as s o ciated with truc k parking and truck traffic. O ut of
town b us ines s es have been p arking truc ks o n c ity s treets , s o me b usines s es have been parking
multiple truc ks at a time o n o ur p ublic streets and tras h, us ed vehic le parts , fluids and waste from
parked trucks have fouled the right-of-way and sens itive areas.
T he C ity has also experienced an increase in large trucks not involved in local deliveries using
downtown streets for through trips and at times causing damage to infrastructure.
T he proposed ordinance would require that street parking for trucks 16,000 pounds or over will be
allowed only for trucks registered to an Auburn resident with an Auburn business license within the
allowed truck parking areas of the C ity. I n order to park a truck on the public streets where truck
parking is allowed, a new parking permit will be required to be displayed on the vehicle and only one
parking permit will be issued to each eligible business.
T he ordinance would also create a traffic control zone in the downtown area. T rucks 16,000 pounds
or more will be prohibited from operating within the zone except to originate from local businesses or
to make local deliveries.
I.Capital Projec t Status Update and Feature Capital Project (20 Minute Presentation) (Snyder)
P roject Engineer Wic kstro m pres ented the C ap ital P ro jects S tatus Up d ate using a P owerP oint
pres entation.
E ngineer Wickstrom noted 16 projects were completed this year, including the Auburn Way S outh
Corridor I mprovement P roject, 12 projects in construction phase (6 nearly complete), 22 projects are
in design phase, and one project is out to bid.
Eight major projects are scheduled to be advertised in the first quarter of 2017:
Auburn Way South, MIT Plaza to Dogwood
Auburn Way North Overlay, 22nd to 45th
B Street NW Recons truction, 37th to 277th
H Street SE Extension (9th to Auburn Way South)
Fulmer Wellfield Improvements
Main Street/C Street SW Signal Replac ement
37th and A Street SE New Traffic Signal
M Street SE Storm Improvements , 3rd to Main
Engineer Wickstrom reviewed the featured capital project, the 22nd Street NE and I Street NE
Intersection Improvements. T he project will improve safety for drivers, pedestrians, and bicyclists
crossing the intersection of 22nd Street NE and I Street NE by constructing a single lane roundabout
in place of the existing all-way stop control. T he roundabout will reduce driver confusion and traffic
delays compared with the current multi-lane all-way stop. P edestrians and cyclists will also be less
exposed to traffic since crossing distances will be greatly reduced and median islands will allow them
to cross the road one lane at a time with vehicles coming from one direction.
Work to build this roundabout will involve: replacing the sidewalk and pavement, install new median
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islands with landscaping, and reconfiguring the street lights.
J.2015 State of Our Streets Report (10 Minute Pres entation) (Snyder)
Projec t Engineer Carter pres ented the 2015 State of Our Streets Report.
E ngineer C arter explained that in previous yeas staff had reported on only the L ocal S treet P rogram;
however, staff felt this provided an incomplete picture of the condition of the city's streets.
T herefore, the annual report has been revised to include both arterial preservation and local street
preservation programs.
U sing a P owerP oint presentation, E ngineer C arter reviewed the history of both street preservation
programs; the pavement conditions of arterial, collector and local streets; street maintenance and how
streets are selected for the preservation program; successful grant funding; and an overview of the
projects that were completed in 2015, projects underway in 2016 and projects selected so far for
future years.
K.Homeles s ness Tas kforc e Update (10 Minute Pres entation) (Hinman)
Director o f Ad ministration Hinman updated the C ounc il on the progres s of the Mayor's
Homeles s ness Tas k F o rce actio n plan rec o mmendatio ns and feed b ack fro m the task fo rce s inc e it
reconvened for a six-month check in.
Direc tor Hinman pointed out actions that would require Council policy and priority cons iderations .
C ouncilmember P eloza commented o n the numb er of homeless that gather at the King C ounty
P ublic Lib rary in Auburn. Directo r Hinman reported the King C ounty Library sys tem sets its own
policies regarding homeles s at their fac ility in Aub urn. S he reported King C ounty Lib rary has a
full-time soc ial worker on s taff to as s is t homeless at the Auburn s ite.
C hief of P olic e Lee stated the P o lice Department is in contac t with the library s taff, and the library
allows people to be at the library as long as they are not committing a c rime. Mayor Bac kus added
that the City c annot force the King County Library to remove the homeles s .
Director Hinman stated the s hort term plan is to expand the nights of the emergency s helter . T he
long term plan is to look at partnering with the faith based community for services.
C ouncilmember Wagner reques ted a gro s s c o s t es timate and expand ed detail o f each task force
recommendation.
Mayor Backus s tated the C ity will need to make s ure what the impac t would be if a s helter is
located in any partic ular area.
C ouncilmember DaC orsi spoke briefly about S ec tion 8 vouc her holders and disc rimination the
holders may s uffer fro m landlords . He recommend ed a landlord educatio n session to learn the
benefits of acc epting Sec tion 8 vouc her holders as tenants.
L.Emergency Management Winter Weather Preparation Update (10 Minute Presentation) (Hinman)
Emergency Manager T ho rs o n and C ommunic ations C oordinator Brad y p ro vided the C o uncil with
an update on the White River and potential flooding.
Manager T hors on exp lained that o ver the years , a tremend o us amo unt of s ilt has acc umulated in
the riverbed o f the W hite R iver c reating les s capac ity. T he National Weather S ervic es predic ts a
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weak La Nina p erio d and wetter and colder weather p attern this winter. If heavy rains and s everal
s torms o cc ur necessitating a high flo w release fro m Mud Mountain Dam, some flo o d ing could
occ ur at A S treet S E, near the W hite R iver Es tates Mobile Ho me P ark. Manager T hors on
depicted potential flooding areas on a map us ing United States Army Corps of Engineers s oftware.
Manager T horson ad vised C ity s taff have been working with s taff from c ities of P ac ific , Algona,
and Sumner and other c ommunity partners to develop plans if flooding occ urs.
C oordinator Bradey s hared a b ro chure, whic h is part of a three-prong p ublic o utreach to alert
citizens of potential flo o d ing this winter. T he broc hure was provid ed to residents of the W hite
R iver Mobile Home P ark. T he b ro chure p ro vides info rmation o n how to sign up for flood alerts
and gives info rmation o n what s teps the C ity has already taken to p rep are fo r flo o d ing. T he C ity
continues to provide information via the City's web page, pres s releases, and soc ial media.
Councilmember B aggett inquired whether there are plans to dredge the river. M anager T horson
stated there are no plans to dredge due to regulations. T he focus is to keep the river within the levy
with addition of barriers.
Councilmember T rout-Manuel suggested spreading the information via Latino media outlets.
IV.ADJOURNMENT
There being no further disc ussion, the meeting adjourned at 9:15 p.m.
APPROVED THIS ____ DAY OF __________, 2018.
__________________________________ _____________________________
BOB BAGGETT, DEPUTY MAYOR Shawn Campbell, City Clerk
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City Council Study Session
January 23, 2017 - 5:30 P M
Auburn City Hall
MINUTES
I.CALL TO ORDER
Deputy Mayo r Wales c alled the meeting to order at 5:30 p .m. in the C o uncil C hambers of Auburn C ity
Hall, 25 Wes t Main Street in Auburn.
A.Roll Call
C ouncilmembers p res ent: Dep uty Mayor Wales , Bob Baggett, C laude DaC ors i, Jo hn Ho lman, Bill
P eloza, and Yo landa Tro ut-Manuel. C ounc ilmemb er Wagner arrived at 5:40 p .m. during
dis cus s ion of the Auburn Station Ac cess Improvement Projec t.
Mayor N ancy Backus and the following department directors and staff were present: C ity Attorney
D aniel B . H eid, C hief of P olice B ob L ee, C ommunity D evelopment and P ublic Works D irector K evin
Snyder, P arks, Arts and R ecreation Director Daryl Faber, Assistant D irector of C ommunity
D evelopment S ervices Jeff Tate, C ode E nforcement O fficer J ason Arbogast, F inance D irector S helley
Coleman, Assistant D irector of Engineering S ervices/C ity Engineer Ingrid G aub, D irector of
Administration D ana H inman, Solid Waste and R ecycling S upervisor Joan N elson, I nnovation and
T echnology Director P aul Haugan, and Deputy City Clerk Shawn Campbell.
B.Announcements
There was no announcement.
C.Agenda Modific ations
An ordinanc e amending S ec tion 1.02.030 o f the C ity C o d e relating to p o wers and d uties o f city
officers and emp lo yees, inc luding affirmatio n of the value of all Auburn residents was added to the
agenda under Item I of thes e minutes .
II.CONSENT AGENDA
There was no Cons ent Agenda item.
III.DISCUSSION ITEMS
A.Auburn Station Acc es s Improvement Project (20 Minute Presentation)
Sound Trans it to provide a projec t overview, review of key tasks and deliverables and key
milestone dates.
C helsea Levy, S o und Transit G o vernment and C ommunity R elations O ffic er, and S andra F ann,
P roject Engineer for S o und Trans it, us ing a P o werP oint p res entation, intro d uc ed S ound Trans it's
Auburn Station Ac cess Improvement Projec t.
Ms. F ann reviewed the projec t b ackground. T he project is part o f S T 2 approved b y vo ters in
2008. Ho wever, due to funding s hortfalls , the Auburn and Kent station projec ts were s uspended
until 2016 when funding for the p ro jects was res to red . S o und er s taff were also asked to perform
an acc es s study to study how people ac cess all eight Sounder stations .
In the S T 2 P lan there is a representative s cope of the p arking garage, whic h is a 600 s tall parking
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s tructure on the existing surface p arking lo t for a net inc reas e of 500 s talls at an estimated cost of
$34.8 million in 2016 dollars.
S ound Transit s taff were urged to look at flexible acc es s to S ound Trans it fac ilities, inc luding
examining alternatives to expand ed parking that wo uld meet demand and rid ers ’ need s . P otential
s trategies inc lude: pedestrian/b icycle imp ro vements , ad d itional b us/trans fer fac ilities , trans it speed
and reliab ility improvements , exp anded o r new kis s -and-ride areas, and off-s ite p arking alo ng an
existing b us ro ute with freq uent connec tions . T he study c o uld res ult in a mix o f improvements
along with or instead of parking.
Councilmember T rout-M anuel inquired about potential sites for the S ound T ransit parking garage.
Ms. Fann stated Sound T ransit has not narrowed down the sites at this time.
Ms. F ann als o reviewed the p ro jec ted projec t timeline. T he p ro jected timeline is seven years,
which is typ ical for a S ound Trans it projec t o f this s ize. Early 2017 the p ro jec t goals and
evaluation criteria will b e d etermined . Ac ces s imp ro vement alternatives will be determined and
evaluated in early 2017 as well. S ound Trans it will likely identify the preferred improvement
package in late 2017. Environmental review and preliminary engineering will take p lace in 2018. It
is antic ipated S ound Trans it will s elect the p ro ject in 2019 and cons tructio n s hould begin in 2021-
2023.
Ms. Fann also reviewed strategies for expediting the project, which Sound T ransit has directed. Some
of the potential strategies for a shortened timeline include: gain political/stakeholder buy-in on
alternatives, narrow in on preferred improvements and site, and streamlined environmental and
permitting processes.
S takeholder engagement will b e on fo ur different levels : loc al government and S ound Trans it
Board, s takeholder group, public and transit riders, and a tec hnical advisory c ommittee.
T he expedited process will ensure a preferred alternative recommendation in eight months. P roject
completion is anticipated by 2021 or 2022.
Briefings/workshops at key milestones in 2017 are as follows:
Jan-Feb: P roject Introduction
Mar-Apr: Alternatives Sc reening
May-Aug: Preferred Alternative Recommendation
Two works hops will be held with the stakeho ld er group and and two p ublic o p en hous es will be
held in February and April.
B.Code Enforc ement Pres entation (10 Minute Presentation) (Snyder)
Overview of completed abatement ac tion at 46th Plac e South
As s is tant Directo r of C ommunity Develo p ment S ervices Tate and C ode Enforc ement O ffic er
Arbogas t briefed the Counc il on an abatement ac tion on 46th Plac e South in Auburn.
C ode Enforc ement O ffic er Arbogast reviewed the amount o f junk, vehic les , tras h and s tolen items
recovered fro m the s ite. Items removed includ ed : 13 dump truck lo ad s , five pic kup truck loads,
three large trailer lo ad s , 500 square feet of unpermitted s truc ture taken d o wn, 13 ino p erab le, junk
or s to len vehic les remo ved, two recreatio n vehic les being us ed as d welling units were removed,
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and s to len items to includ e vehic le, utility trailers, s everal compressed gas c ylind ers , p o rtable toilet,
portable hand was hing s tation, and a Genie s cissor lift.
T he cas e was o p ened on January 5, 2016. An infrac tion was issued o n F eb ruary 5, 2016 and a
penalty was issued on F eb ruary 10, 2016. A contested c o urt hearing was held Ap ril 29, 2016
where the judge found the defendant guilty. Eventually the abatement order/warrant was filed in
s uperior c ourt on June 6, 2016. T he abatement was exec uted o n Novemb er 5, 2016. T he total
abatement cost was $12,570.71.
Several neighbors were impacted by the site. M ill C reek was also impacted by the illegal
encampment.
In response to questions from C ouncilmembers, C ode E nforcement O fficer Arbogast reported two
people were regularly residing at the site, but up to fifteen people frequented the site. P ower was
stolen from a neighboring property. S ewer was directed to a hole in the ground. S ervices were
offered to the residents but were declined.
C ode Enforc ement O fficer Ab o rgas t the s ite is being mo nito red . New complaints have been
received about junk, litter, debris and an o cc upant living at the s ite. An infrac tio n has b een issued
and a court date is pend ing. Two more sto len vehicles were rec overed from the p ro p erty and
Auburn Police are reviewing charges.
Assistant Director Tate rec ognized Auburn Polic e and Auburn Valley Towing for their assistanc e.
T he owner is listed as residing in Sacramento, C alifornia. H owever, the brother of the listed property
owner states he is the owner. T he listed owner has not been cooperative.
C.Res olution No. 5273 (10 Minute Pres entation) (Coleman)
A Res olution of the City Counc il of the City of Auburn, Was hington, authorizing the Mayor to
execute an agreement between the City of Auburn and Seattle-King County Department of Public
Health regarding the 2017-2018 Local Hazardous Waste Management Program
F inance Direc tor C o leman and S olid Was te and R ec yc ling S up ervisor Nelson presented
R es olution No. 5273, authorizing an agreement with S eattle-King C ounty Department of P ublic
Health for the 2017-2019 Loc al Hazard o us Was te Management P rogram. T he agreement relates to
a biennial grant the C ity has received in the past. T he grant is in the amount of $49,019.76 for the
C ity to promote the Neighborhood Natural Yard C are P rogram and p ro vide hazard o us waste
educ ation to residents in 2017 and 2018.
The res olution will be appear before the Counc il at their next regular meeting for approval.
D.Res olution No. 5274 (10 Minute Pres entation) (Coleman)
A Res olution of the City Counc il of the City of Auburn, Was hington, authorizing the Mayor to
execute an agreement between the City of Auburn and King County to implement the 2017-2018
Waste Reduc tion and Recycling Grant Program and acc epting program grant funds
F inance Direc tor C o leman and S olid Was te and R ec yc ling S up ervisor Nelson presented
R es olution No. 5274, authorizing an agreement with King C ounty to ac cept grant funds fo r the
2017-2018 Was te R eductio n and R ec yc ling G rant P ro gram. T he grant, in the amount of
$75,698.00, will allow the C ity to promote was te reduc tio n and recycling to b usines s es , res idents
and s c ho o ls . T he grant fund ing will be us ed to s upport the fo llo wing programs : community yard
s ale, bulky item collec tion, c las s ro o m presentations, s cho o l was te audits, o utreach at C ity-
s ponsored events and busines s food waste reduction outreach.
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T he resolution will be appear before the Council at their next regular meeting for approval.
E.Res olution No. 5275 (10 Minute Pres entation) (Coleman)
A Res olution of the City Counc il of the City of Auburn, Was hington, authorizing the trans fer of
funds for the purpose of making loans from the general fund and/or the c umulative reserve fund to
funds s ustained by grants, fees, or tax c redits s ustained or projec t focus ed spec ial revenue fund
for up to a three-year period of time
F inance Direc tor C oleman p res ented R es o lutio n No. 5275 authorizing interfund loans from
F ebruary 2017 to F ebruary 2020, if and when needed, fro m the G eneral F und and/o r the
C umulative R es erve F und to a fund o r fund s s upported b y grants , fees , or tax c redits in the event
the C ity is awaiting reimb ursement o f fed eral, s tate o r lo cal grant funds, c o llectio n of us er fees, or
receipt of tax c redits. The authority is limited to $2.5 million.
Interfund loans provide operational flexibility to c over authorized expenditures , for short-term
funding need s in the s treet programs , C ommunity Development and Bloc k G rant F und, and Local
Revitalization Area Debt Servic e Fund.
Resolution No. 5275 will appear before the Council at their next regular meeting for approval.
F.Honorary Naming for Former Mayor Pete Lewis (20 Minute Pres entation)
Counc ilmembers disc ussed the opportunity for an honorary naming for former Mayor Pete Lewis.
Deputy Mayo r Wales referred the C o unc il to the P arks Manual of P olic ies and P roc ed ures for
naming parks . Deputy Mayo r Wales no ted in the p as t, C o unc ils have waited until Mayors have left
office to p ro vide an hono rary naming of a C ity facility. S he reques ted C o unc ilmembers sugges t
pos s ibilities for honorary naming.
Councilmember P eloza stated M ayor L ewis was involved with the M S treet U nderpass project and
suggested the underpass be named after him.
Councilmember Wagner suggested the C ouncil look at a way to connect M ayor L ewis to Veterans
Memorial P ark or the Vietnamese War Memorial in Les Gove P ark.
Deputy Mayo r Wales sugges ted naming a future park along the river at 104th in ho nor o f the
former Mayor.
Counc ilmember Baggett s uggested renaming the Environmental Park to honor the former Mayor.
C ouncilmember Ho lman sugges ted the West Hill lake property ac q uired by the C ity d uring Mayor
Lewis 's term be named in his honor.
C ouncilmember Wagner als o s ugges ted c hanging the name of Divis io n S treet to P eter B. Lewis
Way.
Upon further d is cus s io n, Dep uty Mayor Wales recommend ed an ad ho c c o mmittee to develo p a
final recommend ation. T he ad hoc c o mmittee wo uld b e c o mp ris ed of C o unc ilmember Trout-
Manuel, as chair, and C ouncilmember Baggett. An ad ho c committee recommend ation wo uld be
anticipated in 30 days.
G.Council Hybrid Study Session (30 Minute Presentation)
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Counc ilmember Wagner reviewed the propos al for a hybrid s tudy s es s ion format.
C ouncilmember Wagner reviewed the p ro p o s ed s pec ial foc us area and an example c alendar o f the
meetings. He then reviewed examp les of agendas for s tud y s es s ions with spec ial fo cus areas. He
noted no vo ting would o cc ur at the s tud y s es s io ns. S tudy sessions will b e held in C ouncil
Chambers and should be televised.
Councilmember H olman pointed out that the proposal eliminates C ouncil of the W hole meetings and
adds an extra and optional study session on the fifth M onday of the month. T he primary focus area
of the fifth M onday of the month study session would be C ouncil R ules of P rocedure and operating
arrangements; however, any item could be on the agenda.
C ouncilmember Wagner recommend ed a s ingle matrix for all s pec ial fo c us areas. A s amp le was
reviewed.
C ouncilmember Wagner explained how the c ontrol of the meeting wo uld move fro m the Deputy
Mayor to the c hair of the s pecial focus area.
Agenda topics for future study sessions can be proposed by any C ouncilmember under New
Business. I f there is sufficient interest by the C ouncil and/or M ayor, the D eputy M ayor and Mayor
will meet to place the topic on the matrix for a future study session. At Council discretion, production
and delivery of a "white paper' in lieu of a future agenda items may be considered.
Selec tion of the Deputy Mayor is determined by the full City Council in a regular meeting.
Each fo cus area wo uld have a c hair and vice chair. C hair and vic e c hair wo uld be d etermined by
the C o uncil in a study s es s io n. If mo re than o ne ind ividual seeks the s ame positio n, cons ens us of
the body will be gauged by the Deputy Mayor. The terms s hall run for one year.
Ad hoc c ommittees would continue when needed.
Counc ilmember Wagner reviewed the pos s ible implementation dates.
The following Counc ilmembers volunteered as c hair and vic e c hair of the Spec ial Focus Areas :
Public Works and Community Development Special Foc us Area:
Counc ilmember Rich Wagner, Chair
Counc ilmember Claude DaCors i, Vic e Chair
Municipal Services Spec ial Focus Area:
Counc ilmember Bill Peloza, Chair
Counc ilmember Bob Baggett, Vic e Chair
Health and Human Services Spec ial Focus Area
Counc ilmember Yolanda Trout-Manuel, Chair
Deputy Mayor Largo Wales , Vic e Chair
Financ e and Economic Development Special Foc us Area:
Counc ilmember Bob Baggett, Chair
Counc ilmember Rich Wagner, Vice Chair
Deputy Mayor Wales requested the City Attorney prepare the necessary resolution to adopt the
hybrid study session format.
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H.Council Corner
Deputy Mayo r Wales initiated d is cus s io n regarding setting s tand ard s for the C o uncil C orner
artic les in the Mayor's Weekly Update.
Counc ilmember DaCorsi s uggested the maximum length s hould be 2-3 subs tantial paragraphs .
Mayor B ackus stated she tried to limit the length to one or two paragraphs, and to date the
information submitted has fit within the allotted area.
Councilmember Baggett suggested edits should be allowed so that the article fits within the allotted
area.
Councilmember Holman encouraged that all Councilmembers adhere to the timeline.
Mayor Backus s aid that some Counc ilmembers have requested no edits and others allow edits.
Counc ilmember DaCorsi s upports a Wednesday deadline for s ubmittals.
Councilmember T rout-M anuel said she had issues with editing of her articles. S he stated a full
paragraph was cut out of one of her articles and another of her articles was published with errors even
though it was submitted in time for editing.
Deputy Mayo r Wales stated the deadline for articles will b e Wed nes day and eac h C ounc ilmember
can reques t feedback on edits . The length of the artic le should be reasonable.
I.Ordinanc e Affirming the Value of All Auburn Res idents
Mayor Bac kus rep o rted there was a rally at C ity Hall on F rid ay. T he rally was compris ed mos tly
of students d emanding that Aub urn bec o me a s anc tuary city. Mayo r Bac kus s tated s he offered
alternative language of a welcoming city, s imilar to that ad o p ted b y C ity o f Burien. Mayor Bac kus
s tated adoptio n or designatio n as a s anc tuary c ity may p ut the C ity's federal fund s in jeopardy.
Mayor Backus as ked Counc il if they would want to c onsider the issue further.
Deputy Mayor Wales as ked if any mid to large cities in the United S tates have an o rd inanc e or
other designatio n that us e the term "sanctuary c ity." C ity Attorney Heid s tated C ity o f S eattle
des cribes its elf as a s anc tuary c ity. He o ffered to provid e the C o uncil with a rep o rt of the cities
that use the spec ific term.
C ouncilmember Wagner s tated he is not in favor o f the us e of the word s anc tuary He s uggested
working towards the goals mentioned in the Burien and S eattle examp les . C ounc ilmemb er Wagner
recommended C ity of S eattle's O rdinanc e 121063, S ec tion 1(A) b e inserted in the C ity's proposed
ordinance.
Chief of P olice Lee explained the Auburn P olice do not ask immigration status when they make
contact. I f a person is arrested and taken to S C O R E jail, I C E uses their own portal in the S C O R E
facility to check inmate status.
C ouncilmember Baggett s tated the C ity is an inc lusive c ity and does not see a need to label the
City as a s anc tuary city. Counc ilmember DaCorsi agreed.
C ouncilmember P eloza referred to the Natio nal League o f C ities program fo r inc lus ive c ity, whic h
the City is des ignated. He recommended staying with the inclus ive city s tatus.
Deputy Mayor Wales s tated s he believes the s ystem is b ro ken and believes the C o uncil needs to
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s pend more time reviewing the issue. S he s tated she has met with many d o cumented and
undocumented residents who are fearful for themselves and family.
C ouncilmember Baggett stated he does no t believe Auburn is broken. He believes mos t o f the
people who are fearful need to be educ ated on the City's polic y.
C ouncilmember Trout-Manual s tated she has met with a group of people who have concerns for
their safety and immigration s tatus. She s poke in favor of a s afer c ity for a divers e c ommunity.
C ouncilmember DaC ors i s tated the p o tential s anc tions the fed eral go vernment may impose are still
in d is c us s io n. He s tated the C ity d o es not need an ordinanc e o r res o lutio n to make people feel
comfortable and les s fearful to live in the c ity. He s tated it is the respons ib ility of the C ounc il to
educ ate and s hare the City's polic y to the c ommunity.
Counc ilmember Baggett agreed with Counc ilmember DaCorsi's comments.
C ouncilmember Holman s tated that d uring his 31 years in law enforc ement, he did no t arres t
anyone for being undocumented. C ouncilmember H olman spoke in favor of a resolution recognizing
human rights and respect.
C ity Attorney Heid referred to the p ro p o s ed o rd inance and stated the o rd inance makes the
dis tinction between local and federal government.
C ouncilmember P eloza read from a S eattle Times article that s tates o ne of P res ident Trump's
priorities is to c anc el federal mo ney going to s o-c alled sanctuary c ities. C ounc ilmemb er P eloza
s poke in favor of reviewing the City's inclus ivity res olution.
Deputy Mayor Wales s tated the inclus ive c ity res o lutio n and the new proposed ordinanc e will be
reviewed at the next Counc il study session.
IV.ADJOURNMENT
There being no further disc ussion, the meeting adjourned at 7:38 p.m.
APPROVED THIS ____ DAY OF _____________________, 2018.
________________________________ _______________________________
BOB BAGGETT, DEPUTY MAYOR Shawn Campbell, City Clerk
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City Council Study Session
January 30, 2017 - 5:30 P M
Auburn City Hall
MINUTES
I.CALL TO ORDER
Deputy Mayo r Wales c alled the meeting to o rd er at 5:30 p.m. in the C ounc il C hamb ers of the Auburn
City Hall, 25 Wes t Main Street in Auburn.
A.Roll Call
C ouncilmembers p res ent: Dep uty Mayor Largo Wales, Bo b Baggett, C laude DaC orsi, John
Holman, Bill Peloza, Yolanda Trout-Manuel, and Rich Wagner.
Mayor Nanc y Bac kus and the fo llo wing department direc tors and staff members were present:
C ity Attorney Daniel B. Heid , As s is tant C hief o f P o lice Bill P iers on, Human R es o urc es and R isk
Management Director R ob R o s coe, Human S ervic es C oordinator Erica Ac zueta, Human S ervices
P rogram Assistant Emily P ears o n, Directo r of Ad ministration Dana Hinman, Ec onomic
Development Manager Doug Lein, Assistant Directo r of C ommunity Development S ervices Jeff
Tate, Innovation and Tec hnology Director Paul Haugan, and Deputy City Clerk Shawn Campbell.
B.Announcements
Deputy Mayo r Wales acknowled ged memb ers of the audience and c larified that the meeting this
evening is a study s es s ion where no pub lic testimo ny is taken. S he encouraged tho s e in the
audience who wis hed to addres s the C o uncil, to attend the next regular meeting o f the C ounc il and
addres s the Counc il during the audience partic ipation portion of the agenda.
C.Agenda Modific ations
T he agenda was modified as follows : R es olution No . 5279 was removed fro m the agenda, the
Counc il Travel Policy was added to the agenda, Ordinanc e No. 6637 regarding impac t fees and the
fee s c hedule was added to the agenda, and the C o uncil ad hoc committee rep o rt on the honoring
naming for former Mayor Pete Lewis.
II.CONSENT AGENDA
Cons ent Agenda items are not c onsidered at s tudy s es s ions. There was no Cons ent Agenda item.
III.DISCUSSION ITEMS
A.Human Servic es Works hop (Hinman)
An overview of the City's Human Services activities .
Director o f Ad ministration Hinman, Human S ervic es P rogram C o o rd inato r Azcueta, and Human
S ervic es Assistant P ears o n pres ented an overview o f the C ity's human s ervices ac tivities , including
G eneral F und human services priorities and funding, community s ervic es , the Human S ervices
C ommittee, source of income disc riminatio n end eavors througho ut the region and c ollaboration
with regional housing partners .
Director Hinman reported human s ervic es funds eq ual one perc ent o f the C ity's G eneral F und.
T he funds are allo cated thro ugh a b iennial c o mp etitive applic ation p ro cess. T he fund ing priorities
were set o ver ten years ago and inc lude poverty red uc tion, c hild ab use and neglect prevention,
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domes tic vio lenc e and s exual assault p revention and s ervic es , and health care s ervic es . Director
Hinman reviewed the funding breakdown for the 2017-2018 funds for each priority.
C ouncilmembers reques ted additio nal info rmation regard ing the non-competitive p o rtion o f human
s ervic es funding provided by the City.
Director Hinman explained the applic ation p ro cess where organizatio ns s ub mit applications
through the Human S ervice F und ers C ollaborative, a joint ap p lic atio n p ro ces s with 18 other King
C ounty cities (began in 2013). Ap p licatio ns are s ubmitted to the C ity’s Human S ervic es
Committee and evaluated. In 2016, 70 programs applied and 46 were selec ted for funding.
T he C ity of Aub urn Human S ervices C o mmittee is c o mp ris ed o f seven (7) members (p er AC C
2.36). Applic ations are s ubmitted to the C ity’s Human S ervices C o mmittee and evaluated . In
2016, the C o mmittee ins tituted new s trategies to streamline their work. T he c o mmittee will add
more site vis its in the 17-18 funding c yc le.
C ouncilmembers asked if the city c an find a way to measure the o utcomes related to the funds
s pent in order to determine the effectivenes s of the programs .
B.Income and Voucher Dis crimination and Safety for Divers e Communities
Counc ilmember DaCorsi recalled the Council previous ly received a pres entation from King County
Housing Autho rity on S ec tion 8 hous ing and income and voucher dis c riminatio n fro m landlords.
Source of income dis crimination c an als o oc cur for thos e who are on pens ions, soc ial sec urity and
other government programs .
Joy S c o tt, S eattle-King C o unty P lanner for the Ho using Development C ons o rtium of S eattle- King
C ounty, d es c ribed o c c urrenc es o f rent d is c rimination in S outh King C o unty. S he noted c ities of
R enton and Kent have passed ordinanc es p ro hibiting s ourc e of income disc riminatio n. Also, King
County has s ome source of income dis crimination prevention policies.
C ouncilmember DaC o rs i explained the S ec tion 8 tenant-b as ed vo uc her applic ation proc es s and
periodic opening of the waiting list.
In res pons e to ques tions fro m Deputy Mayo r Wales, Ms . S c o tt s tated it is too early to gauge the
s uc cess of City of Renton ordinanc e prohibiting s ourc e of inc ome disc rimination.
C ouncilmember Wagner ques tioned why the R ental Ho using As s o ciatio n is agains t the proposed
s ourc e o f inc ome d is c rimination. Mayor Bac kus stated s he b elieves the R ental Housing
As s ociation is no t opposed to s o urc e o f income regulations ap p lied to S ec tion 8 vouchers but not
all income s ourc es or rent c ontrol.
C ouncilmember Wagner reques ted an opportunity to hear from the R ental Hous ing As s ociation
again before making a dec is ion on s ourc e of inc ome disc rimination regulations .
C ouncilmember Holman reques ted feed b ack fro m the cities of R enton, R ed mo nd and Kent o n the
effectivenes s of their source of income dis crimination regulations related to rental housing.
Deputy Mayo r Wales explained the s econd part o f the agend a item relates to s afety for divers e
communities and review o f the c ity's inclus ive c ity resolution. S he as ked fo r c o mments from
Counc il.
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C ouncilmember Wagner rec alled in 2008 the C ity C o uncil passed R es o lutio n No. 4345 committing
to an inc lusive c ity. He stated it s hould be featured in the next news letter or Mayor's Update.
C ouncilmember Holman stated the inc lus ive c ity resolution has b een in plac e for nine years and
s hould b e mo d ernized and up d ated to reflec t Aub urn's circ ums tanc es . C o uncilmembers DaC ors i
and Peloza agreed.
Deputy Mayor Wales objec ted to the wo rd "citizen" in the resolution and thinks it s ho uld read
"res ident" ins tead. She stated is should als o reflec t pers onal s afety and affirm human rights.
C ity Atto rney Heid stated the informatio n he c o llected regard ing s anc tuary cities revealed that eac h
city was d ifferent in their mes s age and there was no c ons is tenc y in their s tatements . He cautioned
agains t language that c ould be c onstrued by the federal government as a s anc tuary city.
Deputy Mayor Wales s uggested an ad hoc c ommittee to review the City's inclus ive city res olution.
Deputy Mayor Wales ap p o inted C o uncilmembers Trout-Manuel, DaC ors i and Baggett to the ad
hoc c ommittee.
At 7:01 p.m., Dep uty Mayor Wales recessed for ten minutes for a brief intermission. T he meeting
was reconvened at 7:11 p.m.
C.Council Travel Budget
T he ad hoc committee to study C o uncil travel policies, comprised of C ounc ilmemb er P eloza
(chair), C ounc ilmemb er Tro ut-Manuel and C o uncilmember Baggett rep o rted on their
recommendations .
C ouncilmember P eloza p ro vided a b rief summary o f the ad ho c committee's meetings and work
on the travel polic y and referred to the polic y as contained in the agenda p ac ket. T he polic y will
ultimately be inc orporated as part of the Council Rules and Procedures .
C ouncilmember Ho lman s uggested the polic y s hould c o ntain a s tatement on the p urpos e of
Counc il travel.
C ouncilmember DaC orsi s uggested a stronger s tatement to take advantage of early registration
dis counts . He also s uggested allowanc e for Sister Cities travel.
D.Ordinanc e No. 6637
Ec onomic Development Manager Lein, As s is tant Direc tor of Community Development Services
Tate, and City Attorney Heid presented Ordinance No. 6637 relating to impact fee exemptions.
Manager Lein s tated the reas on the ordinanc e is being brought forward is to inc entivize
development in the downtown area.
As s is tant Directo r Tate explained the ordinanc e covers s everal actio ns that allow d evelopers to
rec eive fee reductio ns on their d evelopment in the downto wn catalyst area s o that the C ity can
realize future p ro p erty and s ales tax benefits from c urrently und eveloped and underdeveloped
properties in the downto wn core. Under c urrent state law and lo c al regulatio ns , the C ity is ab le to
make ad jus tments to c ertain fees c harged to private s ecto r d evelopment and to fees charged for
building review, p lanning and engineering review, inc luding the facility extens io n agreement process
and for park and transportation impac t fees .
Page 3 of 5
Page 34 of 93
Traffic and park imp act fees cannot be waived, s o any imp act fees no t paid by the d eveloper mus t
be paid by the City. Traffic impact fees can range from $100,000 to $500,000.
O rdinanc e No . 6637 wo uld amend C ity C o d e to exemp t 75 perc ent o f the p ark impac t fee charged
by the C ity applic ab le to thos e parc els located in the downto wn catalyst area. Ad d itionally, the
C ity's Mas ter F ee S ched ule wo uld b e modified to autho rize a 75 p ercent red uc tion in fees for
building review, planning review and engineering review inclus ive of the fac ilities extension
agreement proc es s applic ab le to only tho s e parc els loc ated in the d o wntown catalyst area. Traffic
impact fees wo uld als o b e exemp ted fo r tho s e parc els in the downto wn c atalys t area. S imilar
exemptions have sunset.
F inance Directo r C o leman exp lained that sales tax fro m cons tructio n is d ed icated to s treets . T he
exempted impac t fees mus t be paid by the City and will need to be budgeted.
E.Honorary Naming for Pete Lewis
C ouncilmember Tro ut-Manuel, on behalf of the ad hoc committee s tud ying hono rary naming for
former Mayo r P eter B. Lewis, rep o rted o n the c ommittee's activities to date. S he s tated she and
C ouncilmember Baggett reduced the number o f loc ations /sites from the initial seven to four
primary locations:
Auburn Lake on Wes t Hill
Auburn Environmental Park
Auburn M Street SE Underpass
Auburn 20-ac re parking along Green River on 104th Street SE
Former Mayor Lewis sugges ted the lake on West Hill as the site for an honorary naming.
C ouncilmembers agreed with the wis hes of the former Mayo r and were agreeab le with either the
lake on Wes t Hill or the Environmental Park.
Councilmember Holman pointed out the P ark B oard duties include naming city parks and he
questioned whether the honorary naming should be initiated through the P ark B oard. C ity Attorney
Heid stated he would clarify the process at the next regular meeting.
IV.ADJOURNMENT
There being no further disc ussion, the meeting adjourned at 7:52 p.m.
APPROVED THIS _______ DAY OF ______________________, 2018.
_____________________________ _____________________________
BOB BAGGETT, DEPUTY MAYOR Shawn Campbell, City Clerk
Page 4 of 5
Page 35 of 93
Page 5 of 5
Page 36 of 93
City Council Study Session Finance -
Econ Dev S FA
October 8, 2018 - 5:30 P M
Council Chambers - City Hall
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor Bob B aggett called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bob B aggett, L arry Brown,
Claude DaCorsi, J ohn Holman, Bill P eloza, and Yolanda Trout-Manuel.
Councilmember L argo Wales was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: City Attorney Steve Gross, Director of
A dministration Dana Hinman, Director of Human Resources & Risk
Management Candis Martinson, Director of F inance S helley Coleman,
Director of Public Works I ngrid Gaub, Director of Community
Development J eff Tate, A ssistant Director of E ngineering J acob
S weeting, Senior P lanner Thaniel Gouk, Senior Traffic Engineer J ames
Webb, Real Property A nalyst J osh A rndt, Customer Care Manager
B renda Goodson-Moore, Customer Care S upervisor Shannon Bennett,
E conomic Development Manager Doug L ien, Tourism Coordinator
L orraine Chachere, P olice Commander Daniel O'Neil, and Deputy City
Clerk Teresa Mattingly.
I I .E xecutive S ession
A .E xecutive S ession
A t 5:32 p.m. Deputy Mayor B aggett recessed the meeting for
approximately 15 minutes to hold an executive session in order to discuss
pending and potential litigation pursuant to R C W 42.30.110(1)(iii). City
A ttorney S teve Gross, Director of Administration Dana Hinman and
Director of F inance S helley Coleman attended the executive session.
Deputy Mayor Baggett reconvened the meeting at 5:47 p.m.
I 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
Page 1 of 4Page 37 of 93
I V.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 .Resolution No. 5384 (Hinman) (10 Minutes)
Real Property A nalyst A rndt presented information on declaring 302 L und
Road as surplus property, the potential sale to P ape Group, the sale
price, future development plans and the economic impact to the City, which
would include 35-45 new jobs.
Council discussed the adjoining properties, other P ape Group locations,
how they would have direct access to Hwy 167, the potential tax revenue
and other benefits of approving this resolution.
B .Ordinance No. X X X X De-Gendering Auburn City Code (Gross) (10 Minutes)
City Attorney Gross presented de-gendering the A uburn City
Code changing gendered pronouns to non-gendered terms, the cost
related to updating the code and updating the website to match
neighboring jurisdictions.
Council discussed converting to the new platform and agreed that it is time
to de-gender the A uburn City Code.
C.2019-2024 Transportation I mprovement Program - Modification (Gaub) (10 Minutes)
S enior Traffic E ngineer Webb presented the 2019-2024 Transportation
I mprovement P rogram to add a new project to address a recently
identified level of service deficiency at the intersection of 10th S treet NW
and A Street NW.
Council discussed and agreed the change was needed due to the amount
of traffic at this intersection.
D.Ordinance No. 6688 – New Zoning Code Definition for “Community S upport F acilities”
(Tate) (10 Minutes)
E stablish a new definition within the zoning code for Community Support Facilities and
amend the land use table making Community S upport F acilities a permitted use in the
C-1, L ight Commercial zone
S enior Planner Gouk presented the new Z oning Code Definition for
"Community S upport F acilities" to encompass current and future planned
land uses.
Council discussed and requested a modification to the proposed
Ordinance removing the age restrictions so services are provided to the
general public. P lanner Gouk will bring back additional information to the
October 15, 2018 City Council Study Session.
V.F I NA NC E A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .Monthly Water Usage Billing (Coleman) (15 Minutes)
Page 2 of 4Page 38 of 93
Monthly Water Consumption B illing Change and New Utility Billing Statements
Director of F inance Coleman, Customer Care Manager Goodson-
Moore and Customer Care S upervisor Bennett presented information on
implementing monthly water consumption billing, which would start J anuary
16, 2019, changing to monthly billing, new billing statements and
how customers will be notified of theses changes.
Council discussed having the FA Q's regarding the new billing posted
online, wanted reassurance for the low income seniors that their rates won't
be impacted and that no changes will be made to the online payment
system.
B .Developer Fee Cost of S ervice S tudy (Coleman) (30 Minutes)
Director of F inance Coleman, Director of Community Development Tate
and Assistant Director of Engineering S weeting presented the results of
the Developer F ee Cost of Service Study, cost of recovery policies for
future developer fees and the proposed recommendations for adjustments
to selected fees.
Council discussed the fees collected in 2017, the benefits of lower
recovery rates, requested information on the implementation for a Fast
Track program for the processing of permits and how A uburn compares
with other cities and their recovering rates and fees.
C.2nd Quarter 2018 F inancial Report (Coleman) (15 Minutes)
Councilmember Holman recessed the meeting for a 5 minute break at
7:06 p.m. and reconvened at 7:14 p.m.
Director of F inance Coleman presented a summary of the General Fund
Revenue and E xpenditures for the fiscal period ending J une 30, 2018.
Council discussed the extra duty overtime reimbursements for police
officers, gambling excise tax, when the excise tax was decreased to
a permanent fee of 4% and the option of reviewing and increasing the
fees, the City of F ederal Way leaving S C O R E, the different services that
provide tax revenue and the City pet licenses. Council would like finance to
provide a summary of gambling resources and bring this back for further
discussion.
D.E conomic Development Update (Hinman) (15 Minutes)
E conomic Development Manager L ien introduced Real P roperty
A nalyst A rndt, Giovanni DiQiattro, and the secretary for the Auburn
Downtown A ssociation B rittany Carlson, who presented the purpose of the
(B I A) B usiness I mprovement Area, B I A accomplishments and current
projects, establishment and circulation of electronic B I A newsletter, the
purpose of the Committee of Rate Payers, the (A D A) Auburn Downtown
Page 3 of 4Page 39 of 93
A ssociation and upcoming events.
Tourism Coordinator Chachere and Tourism Boardmember
Rachel McAlister discussed L odging Tax Fund, tourism goals, the
benefits of tourism, how to increase Auburn exposure, 2018 lodging tax
grant recipients and the Tourism open house scheduled for November 7,
2018.
Council discussed the new ice skating rink and asked about putting up
lights and speakers for the holidays. Mayor Backus and the Council
thanked everyone personally and professionally for all their work with the
B I A and Councilmember Trout-Manuel gave Tourism
Coordinator Chachere kudos for all the work she does.
V I .O T HE R D I S C US S I O N I T E MS
There was no other discussion.
V I I .NE W B US I NE S S
There was no new business.
V I I I .MAT R I X
A .Matrix
Councilmembers discussed the matrix and added Gambling/Card Room
Revenue to the December 10, 2018 agenda.
I X.A D J O UR NME NT
There being no further discussion, the meeting adjourned at 8:46 pm.
___________________________ _____________________________
B O B B A G G E T T, D E P UT Y MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 40 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 15, 2018 Regular Council Meeting
Date:
October 30, 2018
Department:
Administration
Attachments:
10-15-2108 City Council Minutes
Budget Impact:
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 5, 2018 Item Number:CA.B
Page 41 of 93
City Council Meeting
October 15, 2018 - 7:00 P M
City Hall Council Chambers
MINUT E S
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I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
B .Roll Call
Councilmembers present: Deputy Mayor Bob Baggett, L arry
B rown, C laude D aCorsi, J ohn Holman, Yolanda Trout-Manuel, Bill
P eloza and L argo Wales.
Department directors and staff members present included: City A ttorney
S teven Gross, F inance Director Shelley Coleman, P olice Commander
Dan O'Niel, Director of P ublic Works I ngrid Gaub, Parks, Arts and
Recreation D irector D aryl F aber, A ssistant I nnovation and Technology
Director Ashley R iggs, Director of Administration Dana Hinman, Economic
Development Manager Doug L ein and Deputy City Clerk S hawn Campbell.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P roclamation - F inancial L iteracy Week
Mayor Backus to proclaim October 14 - 20, 2018 as "F inancial L iteracy Week" in the
city of A uburn.
Mayor Backus read and proclaimed October 14-20, 2018 as Financial
L iteracy week. Auburn Mountainview High School D E C A
students Elizabeth E nz, Ariana Martinez and Carson Klemetsen thanked
the Mayor and Council for their support.
I I I .AP P O I NT M E NT S
There were no appointments.
I V.AG E ND A M O D I F IC AT I O NS
There was no modification to the A genda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
Page 1 of 6Page 42 of 93
A .P ublic Hearings
1.2019-2020 P reliminary Biennial Budget
City Council to conduct a public hearing to receive public comments and
suggestions with regard 2019-2020 Preliminary B iennial B udget
Director Coleman presented Council with the 2019-2020 budget
review process, the City Mission S tatement, the Vision Statement, the
City Core values, and City W ide B udget Goals. S he reviewed the key
issues affecting the 2019-2020 Budget, the City-W ide revenue
sources, the property tax levy, City expenditures and the Capital
Budget.
Councilmember Peloza asked about the levy rate levy rate being
lower. Director Coleman explained as the assessed value increases
the levy rate goes down.
Councilmember Peloza asked what percentage of general fund
expenditures covers employee salaries and benefits. Director
Coleman stated it is approximately 60%.
Councilmember Peloza questioned the L E D retrofit program. Director
Gaub explained the retrofit is for street lights the previous retrofit was
for traffic signals.
Councilmember Wales asked about the transition of the Community
Services division from the Administration Department to the
Community Development Department. Mayor B ackus stated the
change will take place in J anuary of 2019 and the Community
Services budget will move to Community Development at that time.
Mayor B ackus Opened the public hearing at 7:26 p.m.
Bob Zimmerman, 33029 46th P lace S , Auburn
Mr. Zimmerman requested the sound system in Council Chambers be
upgraded and the Council consider designating funds for future
negligent claims against the City.
Pauline Caldwell, 1120 8th S treet NE, A uburn
Ms. Caldwell talked about funds from the lottery ticket sales and
casino sales going to the City.
Mayor B ackus closed the public hearing at 7:20 p.m.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
P auline Caldwell, 1120 8th Street NE , Auburn
Page 2 of 6Page 43 of 93
Ms. Caldwell spoke about concerns with the proposed tax on senior
citizens medical deduction.
B ob Z immerman
Mr. Z immerman spoke about a comment in the Mayor's weekly update
regarding emergency management.
C.Correspondence
There was no correspondence for Council to review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
Councilmember B rown, chair of the Finance ad hoc committee, reported
he and Councilmember Holman have reviewed the claims and payroll
vouchers described on the Consent Agenda this evening and
recommended their approval.
Councilmember DaCorsi, chair of the Road Projects ad hoc committee
reported the committee met earlier in the evening, the ad hoc committee
will provide the full Council their final recommendation on October 29,
2018.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the S eptember 24, 2018 City Council Study
S ession
B .Minutes of the October 1, 2018 Regular Council Meeting
C.Claims Vouchers (Coleman)
Claim vouchers 450928 through 451159 in the amount of $5,493,350.04 and two wire
transfers in the amount of $531,861.22 and dated October 15th, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 538124 through 538140 in the amount of $230,816.38,
electronic deposit transmissions in the amount of $1,918,105.67 for a grand total of
$2,148,922.05 for the period covering September 27, 2018 to October 10, 2018.
E .Call for P ublic Hearing on Preliminary 2019-2020 Biennial
B udget (Coleman)
Page 3 of 6Page 44 of 93
F.Call for P ublic Hearing on 2019 C D B G A nnual A ction Plan
(Hinman)
Deputy Mayor Baggett moved and Councilmember B rown seconded to
approve the Consent Agenda.
Councilmember P eloza asked about timeframe for completion of
outstanding minutes. The City Clerk explained the Clerk's Office
anticipates having the minutes completed in the next 4 months.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
X .O RD INANC E S
A .Ordinance No. 6695 (Gross)
A n Ordinance of the City Council of the City of A uburn, Washington, directing the
revision of City ordinances and regulations to use non-gendered pronouns and
amending S ection 1.04.020 of the Auburn City Code
Councilmember Holman moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6695.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I .RE S O L UT IO NS
A .Resolution No. 5384 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, declaring certain
real property as surplus; and authorizing the Mayor to negotiate and execute a purchase
and sale agreement between the City of Auburn and Pape P roperties, I nc.
Councilmember Holman moved and Deputy Mayor B aggett seconded to
adopt Resolution No. 5384.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5385 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, setting a hearing
date in relation to amending the 2019-2024 Transportation I mprovement P rogram of
the City of A uburn pursuant to chapter 35.77 of the revised Code of Washington
Councilmember DaCorsi moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5385.
Page 4 of 6Page 45 of 93
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor Baggett reported he attended the K ing County Emergency
Management A dvisory Committee Meeting.
Councilmember P eloza reported he attended the Metropolitan S olid Waste
A dvisory Committee Meeting and the Metropolitan Water Quality Advisory
Committee meeting.
Councilmember Trout-Manuel reported she attended the J unior
A chievement Walmart ribbon cutting.
Councilmember Wales reported P aul A llen passed away today.
Councilmember B rown reported he attended the L E O F F Board meeting.
He aslo recognized Councilmember DaCorsi for recently attaining the
A ssociation of Washington Cities Certificate of A dvanced Municipal
L eadership.
Councilmember DaCorsi reported he attended the A ffordable Housing
A dvisory Board meeting, and the State L egislative Round Table.
B .From the M ayor
Mayor Backus reported she attended the Coffee with a Cop event,
E xecutive Council for the Greater S eattle Partners meeting, the Auburn
High S chool homecoming game, the Park's Department S 'more T hen You
I magined event, the P ierce County A ffordable Housing meeting, a meeting
with L os A ngeles Mayor Garcetti regarding homelessness in L os Angeles
County, the Valley Regional F ire Authority B oard of Governance meeting,
the ceremony awarding the King County E xecutive J ohn D Spellman
Award for Achievement in Historic Preservation, and a meeting with Seattle
Councilmember Gonzalez, K irkland Mayor Walen and Kenmore Mayor
B aker on affordable housing.
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
adjourned at 8:19 p.m.
A pproved this 5th day of November, 2018.
Page 5 of 6Page 46 of 93
_______________________ _____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 6 of 6Page 47 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Coleman)
Date:
October 31, 2018
Department:
Financ e
Attachments:
No Attac hments Available
Budget Impact:
Adminis trative Rec ommendation:
Approve payroll vouc hers
Background Summary:
Claims vouchers 451160 through 451441 in the amount of $2,765,879.55 and seven wire trans fers in the
amount of $245,684.34 and dated November 5, 2018.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Coleman
Meeting Date:November 5, 2018 Item Number:CA.C
Page 48 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouc hers (Coleman)
Date:
October 31, 2018
Department:
Financ e
Attachments:
No Attac hments Available
Budget Impact:
Adminis trative Rec ommendation:
Approve Payroll Vouchers .
Background Summary:
Payroll c hec k numbers 538143 through 538162 in the amount of $515,906.61, electronic deposit
trans mis s ions in the amount of $1,895,495.12 for a grand total of $2,411,401.73 for the period
covering Oc tober 11, 2018 to Oc tober 31, 2018.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Coleman
Meeting Date:November 5, 2018 Item Number:CA.D
Page 49 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Parks Project No. CP1820 (Faber)
Date:
October 24, 2018
Department:
Parks/Art and Recreation
Attachments:
Shelter Map
Budget Impact:
None-Insurance Claim
Administrativ e Recommendation:
Approve Contract with Waters and Woods for construction of a replacement picnic shelter at
Isaac Evans Park.
Background Summary:
The Picnic Shelter at Isaac Evans Park was destroyed by a falling tree in a windstorm.
Design drawings for the replacement have been approved. Four companies responded to
the call to bid with Waters and Woods being the low bid amount of $133,004.80, tax included.
This project is funded by an insurance claim
Rev iewed by Council Committees:
Councilmember:Staff:Faber
Meeting Date:November 5, 2018 Item Number:CA.E
Page 50 of 93
1:4,000
ISAAC EVANS PICNIC SHELTER
666.7333.33666.7 0 Feet
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
Imagery Date: May 2015
10/31/2018Printed Date:
1 in =333.33 ft
Page 51 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1709 (Gaub)
Date:
October 30, 2018
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
Administrativ e Recommendation:
City Council award Contract No. 18-07, to R.L. Alia Company on their low bid of $370,722.00
plus Washington State sales tax of $37,072.20 for a total contract price of $407,794.20 for
Project No. CP1709, Reservoir No. 1 Seismic Control Valve.
Background Summary:
The City received 4 responsive bids and the low bid was approximately 17% above the
engineer’s estimate. Staff has performed reference checks and other verifications to
determine that R.L. Alia Company meets the responsible bidding criteria and recommends
award.
The main reasons bids came in higher than anticipated can be attributed to the overall cost of
construction. Recent increases in operator wages and availability of contractors continue to
increase overall construction costs as contractors have not been able to keep up with the
demand of projects. The 2nd lowest bid was within close range of the low bid; therefore re-
advertising wouldn’t likely result in lower bids and will delay the project. This project is funded
through federal FEMA and state military grants which have firm funding deadlines. Therefore,
it is in the public’s best interest to award the contract to R. L. Alia Company.
Reservoir 1 is the City’s largest water storage reservoir with a capacity of 5 million gallons.
Large diameter pipes convey water from the reservoir to the distribution system. If a pipe
breaks during an earthquake, the large volume of water in the reservoir will quickly flow out of
the reservoir, potentially causing local flooding and loss of pressure, drinking water, and fire
flow capability within the water distribution system. With the proposed project, the installed
and functional seismic control valve will automatically close, keeping water in the reservoir and
maintaining water supplies and pressures for both firefighting and consumption needs. It will
also prevent water from escaping the reservoir preventing a secondary flooding emergency.
Construction of this project is anticipated to start in November 2018 and be complete in late
spring 2019.
A project budget contingency of $9,711.00 remains in the 460 Water Fund.
Page 52 of 93
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:November 5, 2018 Item Number:CA.F
Page 53 of 93
Project No: CP1709 Project Title:
Project Manager: Kevin Thompson
Amend Parametrix Task
Initiation Date: 6/23/17 Permission to Advertise
Advertisement Date: 10/2/18 Contract Award
Award Date: 11/5/2018 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2017 (actual)2018 2019 Total
Hazard Mitigation Grant 22,368 486,649 509,017
460 Fund - Water 3,195 96,751 99,946
Total 25,563 583,400 608,963
Activity Prior Years 2017 (actual)2018 2019 Total
Design Engineering - City Costs 9,163 25,000 34,163
Design Engineering - Consultant Costs 16,400 44,936 61,336
Construction Contract Bid 0 148,480 259,314 407,794
Construction Contingency (15%)0 0 61,169 61,169
Construction Engineering - City Costs 0 5,000 15,000 20,000
Construction Engineering - Consultant Costs 0 5,000 9,790 14,790
Total 25,563 228,416 345,273 599,252
Prior Years 2017 (actual)2018 2019 Total
*460 Funds Budgeted ( )(25,563)(583,400)0 (608,963)
460 Funds Needed ( )25,563 228,416 345,273 599,252
*460 Fund Project Contingency ( )0 (354,984)0 (9,711)
460 Funds Required 0 0 345,273 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Reservoir 1 Seismic Control Valve
Date: October 30, 2018
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Fund Budget Status
Page 54 of 93
B asic B I D Am ount T otal B I D Am ount Tot al B ID S pr e ad $Tot al B ID S pre ad %
LOW B ID D ER :R .L. Alia $3 7 0,7 22.00 $40 7,7 94.20 $59 ,31 4.2 0 17.0 2%
Sec ond Bidder:North w est C asc ade Inc .$376,635.00 $414,298.50 $65,818.50 18.89%
B asic B ID
(Tax not include d)
Total B ID
(Including t ax )
1.R.L . A lia $370,722.00 $407,794.20
2.North w est C asc ade In c .$376,635.00 $414,298.50
3.Rodarte C on stru c tion Inc .$502,950.00 $553,245.00
4.Nova C on trac tin g, In c .$569,200.00 $626,120.00
5.Gary H arper C onstru c tion In c .No n -Respon sive
NO TE: A n ev aluation of w hether a bidder is responsible or n on-respon sible w as on ly m ade f or the low bidder. T his does n ot ind ic ate, on e w ay or th e oth er, how oth er bidders w ould be c onsidered if th ey w ere th e low bidder.
Bid Tabulation - Bid Totals Summary
P rojec t: C P1709, Reserv oir N o. 1 Seism ic C on trol Valv e , 18-07
P rep ared By : C ity of A u bu rn
B id Date: Oc t. 16, 2018
W /O Tax Inc. Tax
ENG INEER 'S ES TIMATE:$3 1 6,8 00.00 $3 48,480 .00
A VERA GE BID A M OUN T :$454,876.75 $500,364.42
(not including t ax )
10/25/2018 Page 4/4
Page 55 of 93
3,009.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet3,009.31,504.70
CP1709 Reservoir No. 1 Seismic Control Valve 10/30/2018Printed 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.
PROJECT
LOCATION
Page 56 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6692 (Tate)
Date:
October 29, 2018
Department:
Community Development
Attachments:
Ordinance No. 6692
Ordinance No. 6692 - Exhibit A
Ordinance No. 6692 - Exhibit B
Budget Impact:
Adminis trative Rec ommendation:
City Counc il adopt Ordinanc e No. 6692.
Background Summary:
The Was hington State Legis lature enacted Engros s ed House Bill (EHB) 2005 during the 2017 legis lative
s es s ion, whic h then went into effec t on July 23, 2017. The purpos e of EHB 2005 was to help s implify
the adminis tration of munic ipal general busines s lic enses, whic h is intended to enhance the bus iness
climate in Washington State. EHB 2005 applies to all c ities that administer a busines s lic ense program.
EHB 2005 as s igns respons ibility to the Assoc iation of Was hington Cities to develop a model ordinanc e
that defines what it means to “engage in bus iness” and further s tates that c ities are required to adopt this
language by January 1, 2019. The intent of this portion of EHB 2005 is to es tablish a cons is tent
definition and process for bus inesses to operate under whic h is designed to s treamline bus iness licens ing
throughout the State.
On Augus t 13, 2018, during a City Council Study Ses s ion, staff provided an overview of EHB 2005,
which requires that the City of Auburn modify its busines s lic ense regulations for the purpos e of creating
a uniform definition of what it means to engage in bus iness in Was hington State. Staff presented
Ordinance No. 6692 at the Oc tober 22, 2018 Study Session. Ordinanc e No. 6692 is attached for City
Counc il approval.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Tate
Meeting Date:November 5, 2018 Item Number:ORD.A
Page 57 of 93
--------------------------------
Ordinance No. 6692
October 15, 2018
Page 1 of 2
ORDINANCE NO. 6692
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON RELATED TO
BUSINESS LICENSES, AMENDING DEFINITIONS,
AND AMENDING CHAPTER 5.10 OF THE AUBURN
CITY CODE
WHEREAS, the Washington State Legislature adopted Engrossed House
Bill 2005 during the 2017 legislative session; and,
WHEREAS, the Bill requires, among other things, that cities who license
businesses use the same definition for “engaging in business” as provided for in
the bill.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 5.10.020A of the
Auburn City Code is amended as shown in Exhibit A.
Section 2. Amendment to City Code. Section 5.10.040 of the
Auburn City Code is amended as shown in Exhibit B.
Section 3. Implementation. The Mayor is authorized to implement
those administrative procedures 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 of this ordinance to any person or circumstance will not affect the
Page 58 of 93
--------------------------------
Ordinance No. 6692
October 15, 2018
Page 2 of 2
validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
Page 59 of 93
Ordinance 6692 – Exhibit A
5.10.020 Definitions.
For the purpose of this chapter and Chapter 5.15 ACC, the following terms, phrases, words and their derivations
shall will have the meaning given in this section.
A. “Business” means all activities, occupations, trades, pursuits, professions, and matters located within the city or
within the city’s jurisdiction, with a physical presence in the city and operated on a permanent or ongoing basis
whether operated with the object of gain, benefit, advantage or profit, or operated not for profit, to the business
enterprise or to another person, directly or indirectly; provided that “business” shall will not mean governmental
agencies.
B. “Business enterprise” means any entity, person, partnership, association, corporation, trust, society, or club
engaged in a business within the city of Auburn.
C. “Director” means the dDirector of planning andCommunity dDevelopment or the city’s Director’s designee.
D. “Department” means the city of Auburn dDepartment of planning and developmentCommunity Development.
E. “Employee” means any person employed at any business enterprise who performs any part of their duties within
the city. All officers, agents, dealers, franchisees, etc., of a corporation or business trust, and partners of a
partnership, except limited partners, are employees within this definition.
F. “Engage in business” means to commence, conduct or continue in any business commencing, conducting, or
continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business
when the liquidators thereof hold themselves out to the public as conducting such business.
G. “Licensee” means any business granted a business license.
H. “Nonprofit” means any business enterprises registered as nonprofit corporations within the state of Washington
or granted nonprofit status through the code of the Internal Revenue Service of the United States.
I. “Physical presence” means an address where the business is located. A post office box with an Auburn address
for a business is considered a physical presence.
J. “Place of business” means the physical location of the business.
K. “Business license year” means that period of time between July 1st of one year and June 30th of the following
year.
L. “Life and safety codes” mean building codes, fire codes, electrical codes and other codes of the city relating to
health, safety and related requirements for use and occupancy of buildings.
Page 60 of 93
Ordinance 6692 – Exhibit B
5.10.040 General business license required.
A. Any person desiring to establish or conduct any business enterprise or undertaking as defined in ACC 5.10.020
within the corporate limits of the city shall first apply to the business license clerk, as designated by the mayor,
for a license to conduct such business and obtain such license as approved by the city. The application shall be
upon a form furnished by the business license clerk on which the applicant shall state the business name,
address, and telephone number; the owner’s date of birth and government -issued identification number (e.g.,
driver’s license number); the nature of the business activity or activities in which the applica nt desires to
engage; the place where the business will be conducted; the number of employees, and the name of the contact
person along with an address, date of birth, government -issued identification number, and telephone number,
and the business identification number issued by the state of Washington; and the IRS letter testifying to
nonprofit status or the copy of the application to the IRS.
B. This section sets forth examples of activities that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in
de minimus business activities in the City without having to pay a business license fee. The activities listed
in this section are illustrative only and are not intended to narrow the definition of "engaging in business"
in ACC 5.10.020.F. If an activity is not listed, whether it constitutes engaging in business in the City shall
be determined by considering all the facts and circumstances and applicable law.
C. Without being all inclusive, any one of the following activities conducted within the City by a person, or its
employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes
engaging in business and requires a person to register and obtain a business license.
1. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property,
intangible personal property, or real property permanently or temporarily located in the City.
2. Owning, renting, leasing, using, or maintaining, an office, place of business, or other
establishment in the City.
3. Soliciting sales.
4. Making repairs or providing maintenance or service to real or tangible personal property, including
warranty work and property maintenance.
5. Providing technical assistance or service, including quality control, product inspections, warranty
work, or similar services on or in connection with tangible personal property sold by the person or on
its behalf.
6. Installing, constructing, or sup ervising installation or construction of, real or tangible personal property.
7. Soliciting, negotiating, or approving franchise, license, or other similar agreements.
8. Collecting current or delinquent accounts.
9. Picking up and transporting tangible personal property, solid waste, construction debris, or
excavated materials.
10. Providing disinfecting and pest control services, employment and labor pool services, home nursing
care, janitorial services, appraising, landscape architectural services, security system services,
surveying, and real estate services including the listing of homes and managing real property.
11. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers,
consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations,
chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators,
teachers, veterinarians.
12. Meeting with customers or potential customers, even when no sale s or orders are solicited at the
Page 61 of 93
Ordinance 6692 – Exhibit B
meetings.
13. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or
operating on a job in the City, acting on its behalf, or for customers or potential customers.
14. Investigating, resolving, or otherwise assisting in resolving customer complaints.
15. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless
of where sale and delivery of the goods took place.
16. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another
acting on its behalf.
D. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the
person’s behalf, engages in no other activities in or with the City but the following, it need not register and
obtain a business license.
1. Meeting with suppliers of goods and services as a customer.
2. Meeting with government representatives in their official capacity, other than those performing
contracting or purchasing functions.
3. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings
wherein the person does not provide training in connection with tangible personal property sold by the
person or on its behalf. This provision does not apply to any board of director member or attendee
engaging in business such as a member of a board of directors who attends a board meeting.
4. Renting tangible or intangible property as a customer when the property is not used in the City.
5. Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a
trade show shall review the City's trade show or multiple vendor event ordinances.
6. Conducting advertising through the mail.
7. Soliciting sales by phone from a location outside the City.
E. A seller located outside the City merely delivering goods into the City by means of common carrier is not
required to register and obtain a business license, provided that it engages in no other business activities in the
City. Such activities do not include those in subsection (C). The City expressly intends that engaging in
business include any activity sufficient to establish nexus for purposes of applying the license fee under th e law
and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long
as the taxpayer benefits from the activity that constituted the original nex us generating contact or subsequent
contacts.
F. Threshold Exemption. For purposes of the license by this chapter, any person or business whose annual value
of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000
and who does not maintain a place of business within the city, shall submit a business license registration to the
Director or designee. The threshold does not apply to regulatory license requirements or activities that require a
specialized permit.
G. It is unlawful for any person to operate or physically conduct any business within the city without having first
obtained a general business license for the current business year or portion thereof. The applicant for a business
license required under this title shall be over the age of 18 years. If any person required to pay a license fee, by
the terms and provisions of this chapter, for any period fails or refuses to do so, they shall not be granted a
license for the current period until such delinquent license fee, together with penalties, has been paid in f ull.
Page 62 of 93
Ordinance 6692 – Exhibit B
H. Specific businesses identified in Chapters 3.80, 3.84, 3.88, 5.20, 5.30 and 5.84 ACC or elsewhere in this title or
other titles of the Auburn City Code will be required to obtain an individual business license as otherwise
indicated.
I. Any business within the city jurisdiction on any project requiring a permit must have a business license.
Page 63 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6696 (Gaub)
Date:
October 29, 2018
Department:
Public Works
Attachments:
Ordinance No. 6696
Exhibit A
Budget Impact:
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6696
Background Summary:
Under Washington state law, a developer or property owner (“applicant”) has the right to seek
reimbursement from other property owners (“benefited properties”) who connect to the
public streets or utilities that the applicant constructed as part of the applicant’s property
development. The payback agreement between the City and the applicant provides the
mechanism for the City to collect the reimbursement from the benefited properties as a
condition of service, and to provide the reimbursement to the applicant. Auburn City Code
regulation (ACC 3.25) contains the City’s regulations and requirements regarding public street
and utility payback agreements.
Ordinance No. 6696 authorizes modifications to ACC 3.25 to provide better notification to the
benefited property owners by initiating the payback agreement process before construction
begins, to modernize the language in ACC 3.25, and to authorize the City to deduct a
payment processing fee from each reimbursement amount that the City collects during its
administration of each payback agreement.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:November 5, 2018 Item Number:ORD.B
Page 64 of 93
--------------------------------
Ordinance No. 6696
October 22, 2018
Page 1 of 2
ORDINANCE NO. 6696
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON RELATED TO
INFRASTRUCTURE PAYBACK AGREEMENTS,
AMENDING CHAPTER 3.25 OF THE AUBURN CITY
CODE
WHEREAS, Chapter 3.25 of the Auburn City Code authorizes developers,
property owners, and the City who build improvements to the City’s infrastructure
to recover a portion of their costs from other property owners that benefit from
those improvements; and,
WHEREAS, after reviewing the current process, staff recommends adding
clarifying language that will make the City’s administration of the process more
efficient, and that will provide better notification to the benefited property owners.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 3.25 of the Auburn City
Code is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement
those administrative procedures 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 of this ordinance to any person or circumstance will not affect the
Page 65 of 93
--------------------------------
Ordinance No. 6696
October 22, 2018
Page 2 of 2
validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
Page 66 of 93
EXHIBIT A
Auburn Municipal Code
Chapter 3.25 PAYBACK AGREEMENTS
Page 1/4
The Auburn Municipal Code is current through Ordinance 6679, and legislation passed through March 19, 2018.
Chapter 3.25
PAYBACK AGREEMENTS
Sections:
3.25.010 Purpose.
3.25.020 Definitions.
3.25.030 City funding.
3.25.040 Agreement – When mandatory.
3.25.050 City engineer’s authority.
3.25.060 Application – Process.
3.25.070 Costs eligible for reimbursement.
3.25.080 Formation of reimbursement area.
3.25.090 Contract execution and recording.
3.25.100 Implementation of agreement.
3.25.010 Purpose.
The purpose of this chapter is to provide a mechanism to reimburse an eligible applicant and/or the city for costs
associated with the construction of public street or public utility system improvements. This chapter is intended to
implement and thereby make available to the public the provisions of Chapters 35.72 and 35.91 RCW as p resently
adopted or as may be subsequently amended. (Ord. 6512 § 1, 2014.)
3.25.020 Definitions.
A. Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires
otherwise, the words or phrases defined in this section shall have the indicated meanings.
B. “Applicant” means the owner, developer, or building permit applicant who is required by any ordinance of the
city to construct improvements as a prerequisite of property development. Street or utility improvements constructed
in order to comply with the city’s subdivision code, zoning code, comprehensive plan, and ACC Title 12 or 13 are
hereby declared to be prerequisites to further property development for the purposes of RCW 35.72.010 and
35.91.020(1)(a).
C. “Assessment reimbursement area” means all real properties that will benefit from a street or utility system
improvement.
D. “Connection” for utility services means the initial provision of water, sewer or storm drainage service for an
individual property after the issuance of an appropriate permit under Chapters 13.06 or 13.20 ACC, where the
property benefits from utility services as described in ACC 3.25.100, and which results in the creation of a utility
payment account with the city, and service fees being assessed under that account. Connection does not include the
physical tie-in or attachment of mainline water, sewer, or storm drainage infrastructure to the city’s system or to
infrastructure being dedicated or conveyed to the city after construction thereof of that infrastructure that isas
required under Chapter 13.40 ACC.
E. “Payback agreement” means contracts authorized by Chapters 35.72 and 35.91 RCW and this chapter, as
presently adopted or as may be subsequently amended, for transportation or utility system improvements.
F. “Transportation system improvements” means such those improvements to the public street transportation
facilities including, but not limited to, paving, installation of curbs, gutters, storm drainage, sidewalks, street lights,
right-of-way landscaping, traffic signals, and traffic control signs and markings.
G. “Utility system improvements” means such those improvements to the public water, sewer, or storm drainage
systems including, but not limited to, pumping stations, conveyance, distribution and service lines, structures, storm
drainage storage and treatment ponds/vaults, and disposal plants, water mains, hydrants, reservoirs, wells, or
appurtenances thereto those systems. (Ord. 6512 § 1, 2014.)
Page 67 of 93
EXHIBIT A
Auburn Municipal Code
Chapter 3.25 PAYBACK AGREEMENTS
Page 2/4
The Auburn Municipal Code is current through Ordinance 6679, and legislation passed through March 19, 2018.
3.25.030 City funding.
The city may participate in funding of an applicant’s required street or utility system improvements or may enact a
street or utility payback agreement for a city- funded street or utility improvement project following a public hearing
and council approval as specified in this chapter. (Ord. 6512 § 1, 2014.)
3.25.040 Agreement – When mandatory.
A. The city council reserves the right to refuse to enter into any street payback agreement as allowed by law
agreement or to reject an application therefor.
B. As provided for in RCW 35.91.020(1)(a), the city shallwill enter into a utility payback agreement at the owner’s
request if the owner meets all conditions set forth in the statute and code. (Ord. 6512 § 1, 2014.)
3.25.050 City engineer’s authority.
The city engineer shallwill establish administrative rules, regulations, policies, and procedures necessary to
implement the provisions of this chapter and is authorized and directed to execute payback agreements for public
street and utility system improvements uponafter council approval. The city engineer will determine eligibility
consistent with Chapters 35.72 and 35.91 RCW. (Ord. 6512 § 1, 2014.)
3.25.060 Application – Process.
For eachAn applicant required to construct public street or utility system improvements on public rights-of-waythe
applicant is required to construct that is determined by the city engineer to be eligible for a paybac k agreement, the
applicant may apply to the city to establish a payback agreement for recovery of a pro rata share of the costs of
constructing the improvements, from the property owners of record who will subsequently derive a benefit from the
improvements. The application must be received not later than 10 business days after the date that the City’s letter of
eligibility is postmarked, or the applicant will be deemed to have waived the right to request a payback agreement.
The application to enter into a payback agreementApplications for a payback agreement shall be made to the city no
later than 30 calendar days before the system improvements have been completed and accepted by the city, and shall
must include all the following items:
A. A nonrefundable application fee in an the amount as indicated specified in the city’s fee schedule.
B. An estimate of all costs of the project including, but not limited to, design engineerin g, permitting, property
acquisition, construction engineering, contract administration, surveying, and construction costs associated with the
system improvements.
C. A map and legal description identifying the proposed boundaries of the assessment reimburs ement area and each
separately- owned parcel within such that area and including the applicable amount of area and/or front footage of
the property. Such The map shallwill identify the location of the project in relation to the parcels of property in such
the area.
D. A preliminary assessment reimbursement roll stating the proposed assessment for each separate parcel of
property within the proposed assessment reimbursement area as determined by apportioning the total project cost on
the basis of the benefit of the project to each such parcel of property within said the area. The payback
reimbursement charge to other properties shallwill be based on the total project cost, figured on a front foot or area
assessment basis, or other equitable method, as determi ned by the city, or any combination of these methods at the
reasonable discretion of the city engineer.
E. A complete list of record owners of property within the proposed assessment reimbursement area certified as
complete and accurate by the applicant and which states names and mailing addresses for each such owner.
F. The applicant’s acknowledgement that a street payback agreement may extend for a period of up to 15 years
(unless extended as provided for by statute), and a utility payback agreement may e xtend for a period of not less
than 20 years (unless extended as provided for by statute), from the date of final acceptance by the city and the
recovery shall be assigned to run with the land.
Page 68 of 93
EXHIBIT A
Auburn Municipal Code
Chapter 3.25 PAYBACK AGREEMENTS
Page 3/4
The Auburn Municipal Code is current through Ordinance 6679, and legislation passed through March 19, 2018.
G. The applicant’s acknowledgement that approval of the paybac k agreement will be conditioned on the applicant
agreeing to waive any claims for liability of the city in establishment and enforcement of payback agreements,
including an acknowledgement that the city is not responsible for locating a beneficiary or survivor.
H. The applicant’s acknowledgement that it must provide sufficient security to ensure to complete the
improvements.
I. The applicant’s acknowledgement that it must submit the total cost of the improvements to the city within 120
days of completion of the improvements. The applicant shall, if necessary, provide a proposed final roll if directed to
do so by the city. (Ord. 6512 § 1, 2014.)
3.25.070 Costs eligible for reimbursement.
The city council may provide for the reimbursement of all or part of the costs advanced by the city funds and/or
applicant for such the street or utility system improvements, including:
A. The design engineering, permitting, property acquisition, construction engineering, contract administration,
surveying, and construction costs associated with the street or utility system improvements.
B. The cost of all advertising, mailing and publishing of notices.
C. The cost of legal services and any other expenses incurred by the city in connection with such the construction or
financing of the improvement and in the financing thereof, including the issuance of any bonds.
D. City costs of administering the agreement.
E. Outside professional services as applicable.
Costs eligible for reimbursement to the applicant shallwill not include required frontage street or utility
improvements that would have been normally required of the applicant per Chapters 12.64A, 13.08, or 13.40 ACC.
(Ord. 6512 § 1, 2014.)
3.25.080 Formation of reimbursement area.
A. If the city engineer finds that the request complies with the requirements of this chapter, a public hearing of the
city council will conduct a public hearing shallto be set for consider ation of an ordinance approving the payback
agreement. The draft ordinance shallwill constitute the preliminary determination on the assessment reimbursement
area and method of assessment as recommended by the city engineer.
B. A notice of hearing on the proposed ordinance shallwill be published no less than 20 days before the date of the
hearing in a newspaper of general circulation in the area of the assessment reimbursement area.
C. A notice of hearing shallwill be given to each owner of record of each lot, tract or parcel of land or other property
within the proposed reimbursement assessment area by mailing by certified mail to the address as shown on the tax
rolls of the county treasurer. The notice of hearing shallwill be mailed not less than 20 calendar days before the date
of the hearing.
D. The notice shallwill refer to the proposed ordinance and designate the proposed assessment reimbursement area
by number and include the information specified in ACC 3.25.060 and the amount of the proposed payback amounts
for each property.
E. On the date and at the time specified in the notice, the city council will conduct a hearing and listen to testimony
as it relates to the desirability and the sufficiency of the proposed assessme nt reimbursement area and methods of
calculating reimbursement assessments and the amounts thereofapportioned to each property. The city council may
continue the hearing to allow for further information to be provided.
F. Following the hearing, the city council may adopt an ordinance which establishes the assessment reimbursement
area, determines the amount of the reimbursement assessment to be charged to each lot, tract or parcel, and provides
for the payment and collection of such assessments. (Ord. 651 2 § 1, 2014.)
Page 69 of 93
EXHIBIT A
Auburn Municipal Code
Chapter 3.25 PAYBACK AGREEMENTS
Page 4/4
The Auburn Municipal Code is current through Ordinance 6679, and legislation passed through March 19, 2018.
3.25.090 Contract execution and recording.
A. Within 30 days of final city council approval of a street and utility payback agreement, t The applicant shallwill
provide a signed copy of the execute and present such payback agreement to the City no later than 20 business days
before it is scheduled for final Council approval.for the signature of the appropriate city official.
B. The payback agreement shallwill be recorded in the King or Pierce County department of records, as appropriate.
Once recorded, the payback agreement is binding on property owners of record within the assessment area who are
not party to the agreement. (Ord. 6512 § 1, 2014.)
3.25.100 Implementation of agreement.
A. All owners of properties for which a payback agreement is in force and who have not previously paid their fair
shareassessment will be assessed the charge as provided in the agreement at the time they receive benefit from the
street or utility system improvements. A property benefits from a street improvement when it receives the beneficial
use of the street as provided for in the payback agreement. A property benefits from a water, sewer, or storm
improvement when any of the following occur: (1) the applicant applies for a water connection permit under ACC
13.06.050; (2) the applicant applies for a sewer connection permit under ACC 13.20.060; or (3) the applicant applies
for a storm drainage permit under ACC 13.48.240. The payback assessments shallwill be based on the costs and
methodology identified in the approved payback agreement. Assessments due under a payback agreement shallwill
be paid in full before the city issuance of any such applicable permits.
B. Monies collected by the city (less the payment processing fee established in the City’s fee schedule) will then be
reimbursed to the applicant within 60 days after the City’s receipt thereof, for the duration of the agreement. The
applicant is required to provide changes of address or ownership every two years from the date of the signing of the
agreement. If the applicant fails to provide the notification within 60 days of this date, the city may collect any
reimbursement funds owed to the applicant under the contract and shall not reimburse those funds to the applicant.
Any moneyThe funds collected by the cCity and not refunded to the applicant shallwill be deposited in the City’s
capital fund of the city. (Ord. 6512 § 1, 2014.)
Page 70 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6697 (Gross)
Date:
October 26, 2018
Department:
City Attorney
Attachments:
Ordinance No. 6697
Exhibit A
Budget Impact:
Administrativ e Recommendation:
City Council adopt Ordinance No. 6697
Background Summary:
This item was discussed at the October 22, 2018 Study Session.
On August 20, 2018, Council adopted Ordinance No. 6689. This ordinance amended (in part)
Section 9.22.010 of the Auburn City Code related to controlled substances. However, those
amendments did not include language that reflected the permissible possession of marijuana
under Chapters 69.50 and 69.41A of the Revised Code of Washington. In order to have a
complete reference to state law, staff recommends adoption of these technical corrections.
Rev iewed by Council Committees:
Councilmember:Staff:Gross
Meeting Date:November 5, 2018 Item Number:ORD.C
Page 71 of 93
--------------------------------
Ordinance No. 6697
October 16, 2018
Page 1 of 2
ORDINANCE NO. 6697
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON RELATING TO
CRIMINAL OFFENSES, AMENDING SECTION
9.22.010 OF THE AUBURN CITY CODE
WHEREAS, the City Council adopted Ordinance No. 6689 on August 20,
2018, which amended (in part) Section 9.22.010 of the Auburn City Code related
to controlled substances; and,
WHEREAS, those amendments did not include language related to the
permissible possession of marijuana under Chapters 69.50 and 69.41A of the
Revised Code of Washington; and,
WHEREAS, staff recommends adoption of these technical corrections to
make the City’s ordinance consistent with state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 9.22.010 of the
Auburn City Code is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement
those administrative procedures 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 of this ordinance to any person or circumstance will not affect the
Page 72 of 93
--------------------------------
Ordinance No. 6697
October 16, 2018
Page 2 of 2
validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
Page 73 of 93
Exhibit A
9.22.010 Controlled substances prohibited.
A. Restrictions on marijuana.
1. Except as otherwise authorized by United States Code (USC) Title 21, and/or by RCW
69.50,. 4013(4),, or RCW 69.51A, it is unlawful for any person to knowingly grow, manufacture,
process, deliver, or sell marijuana.
2. Except as otherwise authorized by RCW 69.50 or RCW 69.51A, iIt is unlawful for any person
aged 21 or older to knowingly possess marijuana in an amount that violates RCW
69.50.4013(3)(a).
3. Except as otherwise authorized by RCW 69.50 or RCW 69.51A, iIt is unlawful for any person
under age 21 to knowingly possess marijuana in any amount.
4. . “Marijuana,” also known as “marihuana,” means all parts of the plant genus Cannabis and all
of its species, subspecies, taxa and hybridizations, whether growing or not; the seeds thereof; the
resins extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of such plant, its seeds or resin, and includes all marijuana concentrates,
useable marijuana, and marijuana-infused products. Such term does not include the mature stalks
of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any
other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant
which is incapable of germination.
B. It is unlawful for any person to knowingly possess a controlled substance other than
marijuana as defined by RCW 69.50.101(f) unless the substance was obtained directly from, or
pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her
professional practice.
C. It is unlawful for any person to knowingly possess a legend drug in violation of RCW 69.41.
D. Penalties.
1. Violation of subsection A of this section is a misdemeanor. For a first offense, the maximum
penalty shall be 90 days in jail and/or a $1,000 fine. For a second or subsequent offense, the
maximum penalty shall be 180 days in jail and/or a $2,000 fine. For a first offense, there shall be
Page 74 of 93
Exhibit A
a mandatory minimum penalty of 1 day in jail and a $250 fine. For a second or subsequent
offense, there shall be a mandatory minimum penalty of 1 day in jail and a $500 fine.
21. Violation of subsection B of this section is a gross misdemeanor punishable by up to 364
days in jail and/or a $5,000 fine.
32. Violation of subsection C any other subsection of this section is a misdemeanor punishable
by up to 90 days in jail and/or a $1,000 fine.
(Ord. 6595 § 4, 2016; Ord. 6525 § 4, 2014; Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.)
Page 75 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5386 (Gaub)
Date:
October 30, 2018
Department:
Public Works
Attachments:
Res olution No. 5386
New TIP #I-15
Budget Impact:
Current Budget: $0
Proposed Revis ion: $0
Revis ed Budget: $0
Adminis trative Rec ommendation:
City Counc il to introduce and adopt Resolution No. 5386.
Background Summary:
The purpose of this Resolution is for the City Counc il to adopt the propos ed modific ation to the 2019-
2024 Trans portation Improvement Program.
The propos ed TIP modific ation would add a new projec t to the c urrent TIP. The proposed project (I-
15), would design and cons truct a new traffic s ignal at the 10th Street NW intersec tion with B Street NW.
The 10th Street NW intersec tion with A Street NW is currently s top-c ontrolled on the 10th Street NW
approach. The left-turn movement on this approach has been identified as operating at LOS E, whic h
falls below the LOS D standard adopted by the City for this intersec tion. The s ignalization of the
inters ection is identified as the appropriate improvement to addres s this LOS defic ienc y.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Gaub
Meeting Date:November 5, 2018 Item Number:RES.A
Page 76 of 93
---------------------------
Resolution No. 5368
September 14, 2018
Page 1
RESOLUTION NO. 5386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADOPTING THE 2019-2024 SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY
OF AUBURN PURSUANT TO CHAPTER 35.77 OF THE REVISED
CODE OF WASHINGTON.
WHEREAS, the City is required to include projects on the Transportation
Improvement Program (TIP) to be eligible to collect traffic impact fees to fund the
portion of the project cost associated with future growth; and
WHEREAS, as required by RCW 35.77.010, the City held a public hearing
to consider amending the City’s 2019-2024 Transportation Improvement
Program on November 5, 2018 at the 7:00 p.m. in the Council Chambers of the
Auburn City Hall. Notice of the meeting was published in the City’s legal
newspaper on October 18, 2018; and
WHEREAS, after consideration of the staff recommendation and public
testimony, the City Council believes it is in the best interest of the City to adopt
the updated TIP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council adopts the 2019-2024 Transportation
Improvement Program in substantially the same form as shown in Exhibit “A.”
Page 77 of 93
---------------------------
Resolution No. 5368
September 14, 2018
Page 2
Section 2. The City Engineer is directed to forward a certified copy of this
Resolution to the Washington State Department of Transportation for filing not
more than thirty (30) days after the adoption of this Resolution.
Section 3. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directions of this legislation.
Section 4. This Resolution will take effect and be in full force upon
passage and signatures.
DATED this ____ day of November, 2018
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell, MMC
City Clerk
APPROVED AS TO FORM:
_____________________
Steven L. Gross,
City Attorney
Page 78 of 93
Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 10th Street NW/A Street NW Intersection ImprovementsSTIP# AUB-N/AProject No:TBDProject Type:Capacity, SafetyProject Manager:TBDLOS Corridor ID# N/AActivity:2018 YEFunding Sources:Prior to 2018Estimate201920202021202220232024Beyond 2024Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - 175,000 475,000 - - - 650,000 Other- - - - - - - - - - Total Funding Sources: - - - - 175,000 475,000 - - - 650,000 Capital Expenditures:Design- - - - 175,000 - - - - 175,000 Right of Way- - - - - 475,000 - - - 475,000 Construction- - - - - - - - - - Total Expenditures: - - - - 175,000 475,000 - - - 650,000 TIP# I-15Description:This project will complete the design and construction of a new traffic signal in place of the existing stop-control on the 10th Street NW approach.Progress Summary:Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $500.BudgetForecast Project Cost1Page 79 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5387 (Hinman)
Date:
October 31, 2018
Department:
Administration
Attachments:
Res olution 5387
FINAL Eas ement Agreement
Auburn Gas Easement
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:November 5, 2018 Item Number:RES.B
Page 80 of 93
---------------------------
Resolution No. 5387
November 5, 2018
Page 1 of 2
RESOLUTION NO. 5 3 8 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A REAL ESTATE
EASEMENT AGREEMENT BETWEEN THE CITY OF
AUBURN AND PUGET SOUND ENERGY FOR
CONVEYANCE OF A UTILITY EASEMENT
WHEREAS, Puget Sound Energy (PSE) owns and operates an existing gas utility
facility located under a portion of City-owned property (King County Parcel No. 733140-
0135); and
WHEREAS, PSE wishes to replace existing facilities located on the City’s property
that provide gas service to an adjacent property owned by Safeway Inc.; and
WHEREAS, PSE does not have an easement for the current facilities providing
services to the Safeway building; and
WHEREAS, PSE will be deactivating the facility currently not located within a PSE
area of the City property; and
WHEREAS, The City and PSE have identified an alternate pathway acceptable to
both PSE and the City for the new PSE facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Real Estate Easement Agreement
between the City of Auburn and Puget Sound Energy for real property rights, which
Page 81 of 93
---------------------------
Resolution No. 5387
November 5, 2018
Page 2 of 2
agreement will be in substantial conformity with the Agreement attached as Exhibit A,
“Easement Agreement.”
Section 2. The Mayor is authorized to take any administrative or procedural
action necessary or appropriate to carry out the directives of this legislation and to
accommodate the decision to convey a Utility easement to PSE
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2018.
CITY OF AUBURN
_________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Steven L. Gross, City Attorney
Page 82 of 93
EASMENT AGREEMENT
CITY OF AUBURN
This Agreement is made and entered into by PUGET SOUND ENERGY, INC., (herein
referenced as “PSE” or “GRANTEE”), a Washington state energy utility and the CITY OF
AUBURN (herein referenced as “CITY” or “GRANTOR”), a municipal corporation of King and
Pierce Counties, Washington, herein collectively referred to as “PARTIES”
W I T N E S S E T H :
Whereas, The CITY owns parcel 733140-0135 legally described in Exhibit C; and
Whereas, PSE wants to replace existing facilities located on the CITY’S property that
provides gas service to an adjacent property owned by Safeway Inc.; and
Whereas, PSE does not have an easement for the current facilities providing service to the
Safeway building; and
Whereas, PSE will be deactivating the facility currently not located within a PSE easement
area on the CITY property; and
Whereas, PSE is requesting an easement over an area of the CITY property not encumbered
by a PSE easement and consistent with the City’s use of the property; and
Whereas, The CITY and PSE have determined a facility path across the CITY property
acceptable to both PARTIES; and
NOW, THEREFORE, in consideration of the terms, rights and restrictions set forth, IT IS
AGREED by the PARTIES as follows:
1. GRANT AND CONVEYING OF EASEMENTS. The CITY agrees to grant and
convey a perpetual Non-Exclusive Utility Easements to PSE legally described and attached hereto
as Exhibit A and depicted in Exhibit B for the purposes of constructing, operating, maintaining,
repairing, replacing, improving, removing, upgrading or extending one or more utility systems for
the purposes of transmission, distribution and sale of gas. The Easement shall encumber real
property located in King County, Washington legally described and attached hereto as Exhibit C
(“Encumbered Property”). Included in this conveyance shall be the right of access to the Easement
Area as defined in Exhibit A over and across the Property as shall be required for the construction,
reconstruction, maintenance and operation of GRANTEE’S utility, the use of such additional area
shall be held to a reasonable minimum.
2. ACCESS. PSE shall have the absolute right at all times as necessary for immediate
access (ingress and egress), to enter the Encumbered Property for the purpose of inspecting and
maintaining the easement area as well as constructing, operating, maintaining, repairing, replacing,
improving, removing, upgrading or extending GRANTEE’S facilities.
Page 83 of 93
3. CONSIDERATION. In consideration of the public’s health, safety and well-being, the
CITY agrees to convey to PSE the easements legally described in Exhibit A with no further
monetary or other consideration due to the City from PSE.
4. RECORDING & RECORDING FEES. PSE shall be responsible for recording the
easements, which shall be recorded in substantial conformity to that hereby referenced and attached
as Exhibit D as well as any and all recording fees charged by the County. PSE shall furnish to the
CITY a copy of the recorded easements showing the recording numbers. The document is to be
sent to City of Auburn, attn.: Josh Arndt – 25 W Main, Auburn, WA 98001
5. CONDITION OF EASEMENT. Unless otherwise described in this paragraph the PSE
agrees to purchase the Easement in an "as is" condition. PSE further acknowledges that other
public and private utilities may already exist and intersect this Easement and that it is PSE’s sole
responsibility to inspect, locate and verify any and all existing utilities intersecting the subject
Easement. In those locations where existing utilities already exist and intersect the subject
Easement, PSE agrees to provide a minimum of 12 inches clearance either above or below the
existing utility and at least 5 feet horizontal clearance when installing PSE’s Utility. PSE further
agrees to return the property included within the Easement as well as any additional area that may
be used to a condition reasonably comparable to its condition as it existed immediately before entry
and/or work was performed by PSE or its agents. The City retains discretion over compliance with
this provision and may require such additional work as to achieve a condition reasonably
comparable to the condition of the property prior to PSE entry.
OTHER CONDITIONS OF PURCHASE: _________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________
6. ENTIRE AGREEMENT/MODIFICATION. This written Agreement constitutes the
entire and complete Agreement between the PARTIES hereto and supersedes any prior oral or
written agreements between the PARTIES with respect to the Easements and or Encumbered
Property. It is expressly agreed that there are no verbal understandings or agreements, which in
any way change the terms, covenants, and conditions herein set forth. No modifications of this
agreement and waiver of any of its terms and conditions shall be effective unless in writing and
duly executed by the PARTIES hereto.
7. SUCCESSORS & ASSIGNS. PSE shall have the right to assign, apportion or otherwise
transfer any or all of its rights, benefits, privileges and interests arising in and under this easement.
Without limiting the generality of the foregoing, the rights and obligations of the parties shall be
binding upon their respective successors and assigns. Further, the Parties agree that the burdens of
the obligations contained in this agreement touch and concern GRANTOR’s title in that property
and the benefits of the obligations inure to the City.
8. INDEMNITY. PSE agrees to indemnify GRANTOR from and against liability incurred
by GRANTOR as a result of the negligence of PSE or its contractors in the exercise of the rights
granted to PSE through the Easement and Easement Agreement, but nothing herein shall require
Page 84 of 93
PSE to indemnify GRANTOR for that portion of any such liability attributable to the sole
negligence of the GRANTOR or the negligence of others.
9. BINDING EFFECT. All covenants, agreements, warranties and provisions of this
Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective
heirs, executors, administrators, personal representatives, successors and assigns.
Dated and Signed this ___day of ______________, 20__
GRANTEE: PUGET SOUND ENERGY, INC.,
___________________________________________ ____________________________
Name: Title:
Dated and Signed this ___day of ______________, 20__
SELLER: CITY OF AUBURN
___________________________________________
Nancy Backus, Mayor
APPROVED AS TO FORM:
_______________________________
Steven L. Gross, City Attorney
Page 85 of 93
EXHIBIT A
Legal Description of Utility Easements
THE WEST EIGHT (8) FEET OF THE SOUTH THIRTY-FIVE (35) FEET, ADJOINING
THE SOUTH EIGHT (8) FEET OF THE EAST FORTY-TWO (42) FEET OF THE WEST
FIFTY (50) FEET
LYING WITHIN PARCEL A, CITY OF AUBURN LOT LINE ADJUSTMENT NO. BLA 13-
0007, ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDING NO.
20131108900002, RECORDS OF KING COUNTY, STATE OF WASHINGTON;
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD UPON AFOREMENTIONED LOT
LINE ADJUSTMENT SURVEYED BY DAVID A. IRONMONGER, DATED OCTOBER 22,
2013.)
TOGETHER WITH VACATED ALLEY ADJOINING, ACCORDING TO CITY OF AUBURN
ORDINANCE NO. 3200, RECORDED UNDER RECORDING NO. 7710130225 AND
RECORDING NO. 7711100780, RECORDS OF KING COUNTY, STATE OF WASHINGTON;
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED
ORDINANACE NO. 3200, BY SAID INSTRUMENTS RECORDED AT RECORDING
NUMBERS 7710130225 AND 7711100780 RECORDED BY THE CITY OF AUBURN.)
AND
TOGETHER WITH VACATED ROAD AND ALLEY ADJOINING, ACCORDING TO CITY
OF AUBURN ORDINANCE NO. 6614, RECORDED UNDER RECORDING NO.
20161010000262, RECORDS OF KING COUNTY, STATE OF WASHINGTON.
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENT IONED
ORDINANACE NO. 6614, BY SAID INSTRUMENTS RECORDED AT RECORDING
NUMBER 20161010000262 RECORDED BY THE CITY OF AUBURN.)
Assessor’s Tax Parcel ID# 733140-0135
Page 86 of 93
EXHIBIT B
Depiction of Utility Easements
Page 87 of 93
EXHIBIT C
Encumbered Property
PARCEL A, CITY OF AUBURN LOT LINE ADJUSTMENT NO. BLA 13-0007, ACCORDING
TO THE OFFICIAL PLAT THEREOF, RECORDING NO. 20131108900002, RECORDS OF
KING COUNTY, STATE OF WASHINGTON;
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD UPON AFOREMENTIONED LOT
LINE ADJUSTMENT SURVEYED BY DAVID A. IRONMONGER, DATED OCTOBER 22,
2013.)
TOGETHER WITH VACATED ALLEY ADJOINING, ACCORDING TO CITY OF AUBURN
ORDINANCE NO. 3200, RECORDED UNDER RECORDING NO. 7710130225 AND
RECORDING NO. 7711100780, RECORDS OF KING COUNTY, STATE OF WASHINGTON;
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED
ORDINANACE NO. 3200, BY SAID INSTRUMENTS RECORDED AT RECORDING
NUMBERS 7710130225 AND 7711100780 RECORDED BY THE CITY OF AUBURN.)
AND
TOGETHER WITH VACATED ROAD AND ALLEY ADJOINING, ACCORDING TO CITY
OF AUBURN ORDINANCE NO. 6614, RECORDED UNDER RECORDING NO.
20161010000262, RECORDS OF KING COUNTY, STATE OF WASHINGTON.
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY AFOREMENTIONED
ORDINANACE NO. 6614, BY SAID INSTRUMENTS RECORDED AT RECORDING
NUMBER 20161010000262 RECORDED BY THE CITY OF AUBURN.)
Assessor’s Tax Parcel ID# 733140-0135
Page 88 of 93
Gas Easement
City of Auburn (101 Auburn Way South in Auburn)
WO 109099599 / RW-098213
Page 1 of 5
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department (SAM)
PO Box 97034 / EST-06W
Bellevue, WA 98009-9734
EASEMENT
REFERENCE #:
GRANTOR (Owner): CITY OF AUBURN, a municipal corporation
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: Portion of NW ¼ of the SW ¼ of Section 18, T21N, R5E, W.M., King County
ASSESSOR’S PROPERTY TAX PARCEL: 733140-0135
For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, CITY OF AUBURN, a municipal corporation of the State of Washington (“Owner" herein),
hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the
purposes described below, a nonexclusive perpetual easement over, under, along across and through the following
described real property (the "Property" herein) in King County, Washington:
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
THE WEST EIGHT (8) FEET OF THE SOUTH THIRTY-FIVE (35) FEET, ADJOINING THE
SOUTH EIGHT (8) FEET OF THE EAST FORTY-TWO (42) FEET OF THE WEST FIFTY (50)
FEET LYING WITHIN THE ABOVE DESCRIBED PROPERTY.
A DIAGRAM ILLUSTRATED IN EXHIBIT “B” DEPICTING THE APPROXIMATE LOCATION OF SAID
EASEMENT IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, AS A VISUAL AID
ONLY.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more u tility systems for purposes of transmission, distribution
and sale of gas. Such systems may include, but are not limited to:
Underground Facilities. Pipes, pipelines, mains, laterals, conduits, regulators, gauges and rectifiers for
gas; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-
mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or
appurtenances necessary or convenient to any or all of the foregoing.
Page 89 of 93
Gas Easement
City of Auburn (101 Auburn Way South in Auburn)
WO 109099599 / RW-098213
Page 2 of 5
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such
additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over
and across the Property to enable PSE to exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut,
remove and dispose of any and all brush, trees or other vegetation in the Easem ent Area. PSE shall also have the
right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the
establishment and growth of brush, trees or other vegetation in the Easement Area.
3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE’s sole judgment, interfere with or create a
hazard to PSE’s systems. PSE shall, except in the event of an em ergency, prior to the exercise of such right, identify
such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or
disposed. Owner shall be entitled to compensation for the actual market value of mer chantable timber (if any) cut
and removed from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE’s work to the
condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case
Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed
as soon as reasonably possible after the completion of PSE’s work and shall be coordinated with Owner so as to
cause the minimum amount of disruption to Owner’s use of the Property.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise
change the grade of the Easement Area or construct or maintain any buildings or structures o n the Easement Area
and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall
require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the
negligence of others.
7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE’s failure to install its systems on the Easement
Area.
8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all
of its rights, benefits, privileges and interests arising in and under this easement. W ithout limiting the generality of the
foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns.
DATED this _______ day of ________________________________, 20_____.
GRANTOR:
The City of Auburn, a municipal corporation of the State of Washington,
By: _______________________________________
Printed
Name: ____________________________________
Its (Title): __________________________________
Page 90 of 93
Gas Easement
City of Auburn (101 Auburn Way South in Auburn)
WO 109099599 / RW-098213
Page 3 of 5
STATE OF WASHINGTON )
) SS
COUNTY OF ___________ )
On this _______ day of ______________________, 20_____, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
________________________________________________________, to me known t o be the person(s) who signed
as ______________________________________________________, of The City of Auburn, a municipal
corporation of the State of Washington that executed the within and foregoing instrument, and acknowledged said
instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute
the said instrument on behalf of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
__________________________________________________
(Signature of Notary)
__________________________________________________
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at ________________________________________________
My Appointment Expires: ______________________________
Notary seal, text and all notations must be inside 1” margins
Page 91 of 93
Gas Easement
City of Auburn (101 Auburn Way South in Auburn)
WO 109099599 / RW-098213
Page 4 of 5
EXHIBIT “A”
LEGAL DESCRIPTION OF SERVIENT TENEMENT
PARCEL A, CITY OF AUBURN LOT LINE ADJUSTMENT NO. BLA 13-0007, ACCORDING
TO THE OFFICIAL PLAT THEREOF, RECORDING NO. 20131108900002, RECORDS OF
KING COUNTY, STATE OF WASHINGTON;
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD UPON
AFOREMENTIONED LOT LINE ADJUSTMENT SURVEYED BY DAVID A.
IRONMONGER, DATED OCTOBER 22, 2013.)
TOGETHER WITH VACATED ALLEY ADJOINING, ACCORDING TO CITY OF AUBURN
ORDINANCE NO. 3200, RECORDED UNDER RECORDING NO. 7710130225 AND
RECORDING NO. 7711100780, RECORDS OF KING COUNTY, STATE OF WASHINGTON;
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY
AFOREMENTIONED ORDINANACE NO. 3200, BY SAID INSTRUMENTS
RECORDED AT RECORDING NUMBERS 7710130225 AND 7711100780
RECORDED BY THE CITY OF AUBURN.)
AND
TOGETHER WITH VACATED ROAD AND ALLEY ADJOINING, ACCORDING TO CITY OF
AUBURN ORDINANCE NO. 6614, RECORDED UNDER RECORDING NO.
20161010000262, RECORDS OF KING COUNTY, STATE OF WASHINGTON.
(ABOVE DESCRIPTION AS ESTABLISHED OF RECORD BY
AFOREMENTIONED ORDINANACE NO. 6614, BY SAID INSTRUMENTS
RECORDED AT RECORDING NUMBER 20161010000262 RECORDED BY
THE CITY OF AUBURN.)
Page 92 of 93
Gas Easement
City of Auburn (101 Auburn Way South in Auburn)
WO 109099599 / RW-098213
Page 5 of 5
EXHIBIT “B”
EASEMENT DEPICTION
DRAWING IS NOT TO SCALE
THIS MAP IS NOT INTENDED TO REPRESENT THE PRECISE LOCATION OR THE EXTENT OF THE PUGET SOUND
ENERGY’S PRESENT OR FUTURE FACILITIES.
N A Street SE 1st Street SE
Parcel No. 733140-0240
Parcel B COA BLA 13-0007
Rec. No. 20131108900002
Approximate location of
utility easement area. Parcel No. 733140-0135 –
Parcel A COA BLA 13-0007
Rec. No. 20131108900002
Parcel No.
733140-0237 8’ 50’
42’
27’ 35’
8’
Page 93 of 93