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HomeMy WebLinkAbout01-14-2019 COUNCIL STUDY SESSION AGENDACity Council Study Session P W C D S FA J anuary 14, 2019 - 5:30 P M City Hall Council Chambers A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R A .Roll Call I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Resolution for 2019 LTA C Approval (Hinman) (15 Minutes) (5:35 p.m.) A Resolution of the City Council of the City of A uburn, Washington, approving the L odging Tax Grant disbursements recommended by the A uburn L odging Tax Advisory Committee B .Resolution No. 5395 - 2019 V R FA F ee Schedule (Tate) (10 Minutes) (5:50 p.m.) A Resolution of the City Council of the City of A uburn, Washington, endorsing use of the 2019 Valley Regional Fire A uthority F ee Schedule as adopted by the V R FA B oard of Governance C.Ordinance No. X X X X I dentity Theft (Gross) (10 Minutes) (6:00 p.m.) A n Ordinance of the City Council of the City of A uburn, Washington, relating to criminal offenses, adopting the crime of I dentity T heft, and amending Chapter 9.62 of the A uburn City Code D.Draft Council Chambers S eating Assignments (Council) (10 Minutes) (6:10 p.m.) I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS A .Capital P roject S tatus Report (Gaub) (20 Minutes) (6:20 p.m.) B .Heritage Site Update (Tate) (15 Minutes) (6:40 p.m.) Overview of the status of the demolition activity and redevelopment of the Heritage S ite C.Downtown Development Update (Tate) (15 Minutes) (6:55 p.m.) Overview of downtown development activity and façade improvement projects V.O T HE R D I S C US S I O N I T E MS V I .NE W B US I NE S S V I I .MAT R I X A .Matrix Page 1 of 59 V I I I .A D J O UR NME NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 59 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution for 2019 LTAC Approval (Hinman) (15 Minutes) (5:35 p.m.) Date: January 9, 2019 Department: Administration Attachments: RES XXXX 2019 LTAC Approval RES XXXX Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Hinman Meeting Date:January 14, 2019 Item Number: Page 3 of 59 ------------------------------ Resolution No. xxxx February 6, 2018 Page 1 of 3 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE LODGING TAX GRANT DISBURSEMENTS RECOMMENDED BY THE AUBURN LODGING TAX ADVISORY COMMITTEE WHEREAS, the City of Auburn ( “City”) has businesses within its corporate limits that collect lodging tax dollars in accordance with Chapter 67.28 of the Revised Code of Washington (RCW); and WHEREAS, the City has established a Lodging Tax Advisory Committee (LTAC) in accordance with RCW 67.28.1817, and codified in Chapter 2.77 of the Auburn City Code (ACC); and WHEREAS, the LTAC is obligated by ACC 2.77.060 to make recommendations to the City Council on tourism promotion and tourism related issues; and WHEREAS, at its November 14th, 2018 meeting, the LTAC considered proposals for the expenditure of taxes collected pursuant to Chapter 67.28 RCW; and WHEREAS, the LTAC has recommended the award of lodging tax dollars as grant funds to certain businesses; and WHEREAS, the City Council finds that the LTAC’s recommendation will enhance the economic development of the City of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Page 4 of 59 ------------------------------ Resolution No. xxxx February 6, 2018 Page 2 of 3 Section 1. Adoption of Recommendations. The City Council adopts the expenditure of lodging tax dollars in accordance with the LTAC’s recommendation as shown on the LTAC’s resolution, attached as Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Effective date. This Resolution will take effect and be in force upon passage and signatures. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Shawn Campbell, City Clerk APPROVED AS TO FORM: _________________________ Steven L. Gross, City Attorney Published: _________________ Page 5 of 59 RESOLUTION NO. XXXX EXHIBIT A 2019 Lodging Tax Grants Motion: Committee Member Faltenberger motioned to recommend to City Council to approve the funding requests for Auburn Parks’ Petpalooza event for $5,000, and $3,500 for Auburn Parks’ Veterans Day and Parade. Committee Member Fraser seconded the motion. Motion passes unanimously. Event: Veterans Day Parade ____________________________ Amount Requested: $3,500.00  Funds for digital marketing on social media throughout the state focusing on Veterans, supporters of Veterans, active military, the military base cities outside of a 50+ mile radius.  Event to be held November 9, 2019.  Previous parades with 25,000 people in attendance and 6,000 parade participants.  Puts heads in beds with from parade participants and band competition. Event: Petpalooza ___________________ Amount Requested: $5,000.00  2018 Attendance: 9,000 attendance  Event is on May 18, 2019.  Funds are for advertising event via social media and pet related publications.  This beloved Auburn annual event puts heads in beds. 2019 Total Grants Recommended by the LTAC: $8,500.00 Approved Amount $5,000.00 Approved Amount $3,500.00 Page 6 of 59 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5395 - 2019 VRFA Fee Schedule (Tate) (10 Minutes) (5:50 p.m.) Date: January 8, 2019 Department: Community Development Attachments: Memorandum Res olution No. 5395 2018 Fee Schedule Strikethrough Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to schedule Resolution No. 5395 for Council action on January 22, 2019. Background Summary: See Attached Memorandum. Rev iewed by Council Committees: Councilmember:Staff:Tate Meeting Date:January 14, 2019 Item Number: Page 7 of 59 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: January 7, 2019 Re: 2019 VRFA Fee Schedule Update OVERVIEW The Valley Regional Fire Authority (VRFA) was established in 2007 under RCW 52.26 as a Fire Authority that serves the cities of Auburn, Algona, and Pacific. As a Fire Authority VRFA operates as a separate municipal corporation, with independent taxing authority, and within an independent taxing district. While VRFA is a separate Fire Authority and is organizationally independent from the City of Auburn, VRFA continues to have a role in reviewing development proposals and conducting inspections during the construction process. Within VRFA, it is the Fire Marshal’s Office that performs these functions. While VRFA has taxing authority within its jurisdictional boundary, taxpayers do not fund all services offered by VRFA. In some instances there are fees charged to customers who are seeking direct service, e.g. a permit to construct a commercial building. In other words, permit customers pay a substantial portion of the direct service they are seeking, as opposed to the service being subsidized across the taxing district. Stated in yet another way, a residential taxpayer who pays a portion of their property taxes to VRFA is generally not providing a significant level monetary contribution to a commercial real estate proposal or a new residential subdivision. Since the Fire Authority was established in 2007, VRFA has collected fees for reviewing development plans and conducting construction inspections. In Auburn, VRFA fees are collected by the City and distributed to VRFA. This practice was put in place in order to ensure that Auburn could achieve a one- stop permitting shop. Instead of sending customers to a VRFA office to pay fees and apply for separate fire permits, customers can submit, pay and pick up permits at the City’s Permit Center. More times than not, the customer never knows that they are interacting with, and paying, separate governmental entities. The proposed 2019 VRFA fee schedule is adjusted for the cost of living increase of 3.6% based on the semi-annual Seattle Tacoma Bellevue CPI-W experienced by the region. While VRFA is a separate agency, with a separate Governance Board that has authority to establish its own service fees, the Auburn City Council has a role in endorsing fees that are collected by the City and distributed to other agencies (similar to Council’s role in reviewing school district fees and taking action to authorize the collection of these external agency fees). Typically, City Council would provide this endorsement through action of a Resolution, which then enables procedural efforts to occur that facilitate collection of the relevant fees and fee types. The materials attached to this memo have been prepared by VRFA. Representatives from VRFA will be present during the January 14, 2019 Study Session discussion. They will present the proposal and be available to answer questions. Page 8 of 59 ---------------------------- Resolution No. 5395 January 22, 2018 Page 1 of 2 RESOLUTION NO. 5395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ENDORSING USE OF THE 2019 VALLEY REGIONAL FIRE AUTHORITY FEE SCHEDULE AS ADOPTED BY THE VRFA BOARD OF GOVERNANCE WHEREAS, the Valley Regional Fire Authority (VRFA) was established in 2007 under the authority of RCW 52.26 and operates as a separate municipal corporation, with independent taxing authority, and within an independent taxing district; and WHEREAS, VRFA serves the cities of Algona, Auburn, and Pacific and is guided by a Governance Board comprised of elected officials representing each city; and WHEREAS, on November 6, 2018 the VRFA Governance Board has adopted an updated fee schedule for 2019 the covers a portion of the direct cost of permit review, plan review, and inspection services performed out of the Fire Marshal’s office; and WHEREAS, the City of Auburn collects direct service fees on behalf of VRFA in order to support the concept of a one-stop-shop for development and permitting services; and WHEREAS, in order to collect direct service fees on behalf of VRFA, the City of Auburn must incorporate VRFA fees into city procedures, city permitting software systems, and city financial systems. Page 9 of 59 ---------------------------- Resolution No. 5395 January 22, 2018 Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. The Valley Regional Fire Authority Fee Schedule is hereby adopted as set forth in the attached “Exhibit A” and Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon and on February 1, 2019. Dated and Signed this _____ day of _________________, 2019. CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: _________________________ Steven L. Gross, City Attorney Page 10 of 59 Activity Fee 1 1.1 Commercial Occupancy Review 35% of Jurisdictional Fee 1 1.2 Multi-Family Occupancy Review (R2)20% of Jurisdictional Fee 1 1.3 Other Permit Fees (mechanical, plumbing etc...)$216.00 $223.78 3 1.4 Revisions to previously reviewed plans $216.00 $223.78 3 1.5 Single Family Occupancy Review (R3) 15% of Jurisdictional Fee 2 2 2.1 Boundary Line Adjustment $108.00 $111.89 3 2.2 Civil Reviews (hydrant placement, fire flow, fire department access, grading)$216.00 $223.78 3 2.3 Preliminary Plat and Plat Reviews (subdivisions)$216.00 $223.78 3 2.4 Other Permit Fees (miscellaneous, administrative, etc...)$108.00 $111.89 3 2.5 SEPA review $216.00 $223.78 3 2.6 Short Plat Review $216.00 $223.78 3 2.7 Variances $108.00 $111.89 3 2.8 Water Availability Reviews $108.00 $111.89 3 3 3.1 Commercial Automatic Fire Protection System (Fire Sprinkler)$356.00 $368.82+ $0.75 per sprinkler head over 10 heads 3 3.2 Commercial and Residential Automatic Fire Protection System (Underground Fire Sprinkler Line) (WAC 105.7.20) $356.00 $368.82 per system / building3 3.3 Commercial Automatic or Manual Fire Alarm Systems $356.00 $368.82+ $5.00 per device over 5 devices 3 3.4 Commercial Kitchen Fire Protection System $356.00 $368.82 + $0.75 per sprinkler head over 10 heads 3 3.5 Commercial: Other Fire Protection Systems (clean agent, FM200, wet or dry chemical, CO2, foam, mist, inert gas, and other systems) $356.00 $368.82 + $0.75 per sprinkler head over 10 heads 3 3.6 Emergency Responder Radio Coverage System (DAS)$356.00 $368.82 +$0.75 per device 3 3.7 Fireworks Display Permit $356.00 $368.82 3 3.8 Fireworks Sales Permit $108.00 $111.89 3 Valley Regional Fire Authority 2018 2019 Fee Schedule Building Department Review (Includes Initial Inspection) Effective January 1, 2018 2019and will remain in effect unless amended by the VRFA Board of Governance Land Use Reviews Fire Protection Systems (Includes Plan Review and Initial 2 Inspections) 4 See last page for explanatory notes 1 of 5Page 11 of 59 Activity Fee 3.9 Other Miscellaneous Plan Review not listed $356.00 $368.82 3 3.10 Over the Counter Permit (fire sprinkler with less than 10 sprinkler heads, or fire alarm with less than 5 devices) $108.00 $111.89 3 3.11 Residential (R3) Fire Sprinkler System $108.00 $111.89 + $0.75 per device over 10 devices 3 Spray Booth Installation 3.12 Spray Booth Fire Protection System $356.00 $368.82 + $0.75 per device over 10 devices 3 3.13 Spray Booth Fire Alarm System $356.00 $368.82+ $5.00 per device over 5 devices 3 4 4.1 Battery Systems $648.00 $671.33 3 4.2 New Business License Review Included with Fire Benefit Charge 4.3 Compressed Gases $648.00 $671.33 3 4.4 Cryogenic Fluids $648.00 $671.33 3 4.5 Fire Pump & Equipment $648.00 $671.33 3 4.6 Flammable and Combustible Liquids (including above ground tanks, below ground tanks, dip tanks, etc…) $648.00 $671.33 3 4.7 Hazardous Materials Facility $648.00 $671.33 3 4.8 Industrial Ovens $648.00 $671.33 3 4.9 LP Gas Commercial $648.00 $671.33 3 4.10 LP Gas Residential $356.00 $368.82 3 4.11 Marijuana Extraction Systems (WAC 105.7.19)$648.00 $671.33 3 4.12 Commercial Heating Tank Removal $356.00 $368.82 3 4.13 Residential Home Heating Tank Removal $108.00 $111.89 3 4.14 Solar Photovoltaic Power Systems, Residential $393.00 $407.15 3 4.15 Solar Photovoltaic Power Systems, Commercial $648.00 $671.33 3 4.16 Temporary Tent/Membrane Structure > 400 square feet $216.00 $223.78 3 4.17 Working without a permit or ahead of the permit Double the permit and inspection fee 5 5.1 Initial Inspection Included in the permit fee 5.2 1st Re-inspection Included in the permit fee 5.3 2nd Re-inspection $216 $223.78 for first 2 hours 3 5.4 Any subsequent (after 2nd) re-inspection $216 $223.78 for first 2 hours 3 Inspection Fees Other Fire Permits (Includes Plan Review and Initial 2 inspections) 4 See last page for explanatory notes 2 of 5Page 12 of 59 Activity Fee 5.5 After Hours Inspection (Outside of normal business hours)$162.00 $167.83 per hour (2 hour minimum) 3 5.6 Progressive Inspections (beyond the first 2 inspections)$108.00 $111.89 per hour (2 hour minimum) 3 5.7 Re-inspection (due to a failure to cancel appointment or work not ready for inspection at time of appointment) $108.00 111.89 per hour (2 hour minimum) 3 6 6.1 Pre-Application Fees Included with Fire Benefit Charge 7 7.1 Use of Outside Consultants for Plan Review and Inspection, and Rapid Access Equipment Actual Costs 8 8.1 Fire Ambulance Transport Fee $821.26 $1699.50 8.2 Fire Ambulance Transport Mileage Fee $16.87per mile $23.90 per mile 8.3 Preventable Nuisance or Malfunction Alarm - 1st and 2nd violation No Penalty 8.4 Preventable Nuisance or Malfunction Alarm - 3rd violation $75.00 8.5 Preventable Nuisance or Malfunction Alarm - 4 or more violations $150.00 9 Description Rate (effective 01/01/2018 2019) 9.1 General Records - paper copies $0.15 per page 9.2 General Records - electronic copies $0.10 per page + cost of media 9.3 Medical Incident Reports - Clerical Fee $25.00 per report 9.4 Medical Incident Reports - paper copies - Pages 1-30 $1.12 per page 9.5 Medical Incident Reports - paper copies - Pages 31+$0.84 per page 9.6 Medical Incident Reports - electronic copies $0.10 per page + cost of media 9.7 Records mailed or shipped Actual cost of postage and container 9.8 Video and audio tapes Actual cost to reproduce 10 10.1 Public CPR Certification Training $25.00 per student False Alarm Responses (within a calendar year) Classes and Training Pre-Application Fees Consultant Fees Other Fire Authority Fees Public Records Requests RCW70.020.010 & WAC 246-08-400 See last page for explanatory notes 3 of 5Page 13 of 59 11 Permit type Fee 11.1 Aerosol products Included with the Fire Benefit Charge 11.2 Amusement building Included with the Fire Benefit Charge 11.3 Aviation facilities Included with the Fire Benefit Charge 11.4 Carbon dioxide systems Included with the Fire Benefit Charge 11.5 Carnivals and fairs Included with the Fire Benefit Charge 11.6 Combustible dust producing operations Included with the Fire Benefit Charge 11.7 Combustible fibers Included with the Fire Benefit Charge 11.8 Compressed gases Included with the Fire Benefit Charge 11.9 Cover and open mall buildings Included with the Fire Benefit Charge 11.10 Cryogenic fluids Included with the Fire Benefit Charge 11.11 Cutting and welding Included with the Fire Benefit Charge 11.12 Dry cleaning Included with the Fire Benefit Charge 11.13 Exhibits and trade shows Included with the Fire Benefit Charge 11.14 Explosives Included with the Fire Benefit Charge 11.15 Flammable and combustible liquids Included with the Fire Benefit Charge 11.16 Fruit and crop ripening Included with the Fire Benefit Charge 11.17 Fumigation and insecticidal fogging Included with the Fire Benefit Charge 11.18 Hazardous materials Included with the Fire Benefit Charge 11.19 High piled storage Included with the Fire Benefit Charge 11.20 Hot work operations Included with the Fire Benefit Charge 11.21 Industrial ovens Included with the Fire Benefit Charge 11.22 Lumber yards and woodworking plants Included with the Fire Benefit Charge 11.23 Liquid or gas fueled vehicles or equipment in assembly buildings Included with the Fire Benefit Charge 11.24 Liquid Petroleum (LP) gas Included with the Fire Benefit Charge 11.25 Magnesium Included with the Fire Benefit Charge 11.26 Miscellaneous combustible storage (tires, empty packing cases, rubber)Included with the Fire Benefit Charge 11.27 Motor fuel dispensing facilities Included with the Fire Benefit Charge 11.28 Organic coatings Included with the Fire Benefit Charge 11.29 Place of assembly Included with the Fire Benefit Charge 11.30 Private fire hydrants Included with the Fire Benefit Charge 11.31 Refrigeration equipment Included with the Fire Benefit Charge 11.32 Repair garages and motor fuel dispensing facilities Included with the Fire Benefit Charge 11.33 Spraying or dipping operation using flammable or combustible liquids or powders Included with the Fire Benefit Charge 11.34 Storage of tires, scrap tires, and by-products or rebuilding plants Included with the Fire Benefit Charge 11.35 Temporary membrane structure and tents Included with the Fire Benefit Charge 11.36 Waste handling Included with the Fire Benefit Charge 11.37 Wood products Included with the Fire Benefit Charge 11.38 Commercial kitchens with type I or type II hoods (ACC 10.36A.025)Included with the Fire Benefit Charge The International Fire Code 105.6 Required Operational Permits authorizes the fire code official to issue operational permits for operations listed below. OPERATIONAL PERMITS See last page for explanatory notes 4 of 5Page 14 of 59 Explanatory notes: 1. The VRFA establishes its review and inspection fees on a percentage of the permit fee assessed by the authority having jurisdiction. Using a percentage of the jurisdictional fee as the basis of VRFA fees eliminates the need to adjust the VRFA fee schedule every time a jurisdictional fee changes. 2.The fee only applies to single family occupancies that require fire protection systems. 3. Hourly rate is based on the direct costs of VRFA staff time, salary, benefits, overhead, administrative costs, and resources. 4. Includes plan review and first two inspections. 5. Preventable nuisance and malfunction false alarms exist to reduce unwarranted calls that remove emergency apparatus from service. Though there is no penalty for 1st and 2nd violations, it provides the opportunity for the VRFA to educate owners about any mechanical problems within a system that may not be the fault of occupancy tenants. It further grants the opportunity for repair technicians to correct any deficiencies that may exist. Subsequent false alarms incur a penalty in an attempt to encourage needed repairs of the associated systems. 6. The VRFA Fire Marshal is authorized to reduce or waive any fees for permits. In compelling cases where the applicant -the party responsible for payment of such fees -is an organization exempt from taxation under 26 USC 501(c)(3), and where the permit relates directly to the provision of charitable services to residences of the VRFA service area, the VRFA Fire Marshal is vested with discretion to reduce any fees for permits, publications, and actions by up to 50%. 7. Permits that are not completed and no project improvements are made can, in writing, ask for the inspection fees to be refunded. See last page for explanatory notes 5 of 5Page 15 of 59 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. XXXX Identity Theft (Gross) (10 Minutes) (6:00 p.m.) Date: January 8, 2019 Department: City Attorney Attachments: Draft Ordinance Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Approve Ordinance XXXX Background Summary: This ordinance adopts the crime of “Identity Theft” into the City Code as a Gross Misdemeanor, punishable by up to 364 days in jail and a $5,000 fine. Adopting this crime allows the City Prosecutors to have a more logical argument to present to a jury than the current requirement that they charge the crime of “attempted identity theft". This revision was originally proposed as part of what was eventually adopted as Ordinance 6699 last year. It was pulled out of that ordinance in order for Council to discuss it further. Council discussed this matter at the August 27 and September 10 study sessions. As staff explained earlier, State law divides felony crimes into 3 classes: A, B, and C. Class C felonies are the least serious of the 3. When a person attempts to commit a crimes, the law reduces the crime by one degree. For example, an attempt to commit a class A felony is a class B felony, an attempt to commit a class B felony is a class C, and an attempt to commit a class C felony becomes a gross misdemeanor. The King County Prosecutor’s Office has the exclusive authority to decide whether to charge a felony. The list of county-declined class C felony cases coming to the City prosecutor’s office for charging continues to grow. Because the City may only charge crimes that are misdemeanors and gross misdemeanors, when the county declines to charge a Class C felony, the City prosecutors can only charge the crime if it is charged as an “attempt” to commit that class C felony (thereby reducing it to a gross misdemeanor within our charging jurisdiction). Rev iewed by Council Committees: Councilmember:Staff:Gross Meeting Date:January 14, 2019 Item Number: Page 16 of 59 Page 17 of 59 -------------------------------- Ordinance No. XXXX DATE Page 1 of 3 Rev. 2018 ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO CRIMINAL OFFENSES, ADOPTING THE CRIME OF IDENTITY THEFT, AND AMENDING CHAPTER 9.62 OF THE AUBURN CITY CODE WHEREAS, Title 9 of the Auburn City Code contains the City’s Criminal Code; and, WHEREAS, on review of existing language, the Legal Department recommends updating certain provisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 9.62 of the Auburn City Code is amended by adding a new Section 9.62.020 “Identity Theft” to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives 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 it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. Page 18 of 59 -------------------------------- Ordinance No. XXXX DATE Page 2 of 3 Rev. 2018 INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Steven L. Gross, City Attorney Published: ___________________ Page 19 of 59 -------------------------------- Ordinance No. XXXX DATE Page 3 of 3 Rev. 2018 Ordinance XXXX Exhibit A *New Section* 9.62.020 Identity Theft A. Except as provided in RCW 9.35.020(9), it is unlawful for any person to knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime. B. In a proceeding under this section, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality. C. Violation of this section is a gross misdemeanor, punishable by up to 364 days in jail and/or a $5,000 fine. D. This section is intended to supplement city jurisdiction in identity theft cases that could have been prosecuted as felonies but which were declined by the county in which the offense occurred or which do not meet the county’s charging guidelines. If a person is charged with identity theft under state law for a particular incident, the person shall not also be charged under this section for the same conduct. Page 20 of 59 AGENDA BILL APPROVAL FORM Agenda Subject: Draft Council Chambers Seating Assignments (Counc il) (10 Minutes) (6:10 p.m.) Date: January 8, 2019 Department: Counc il Attachments: No Attac hments Available Budget Impact: Current Budget: $0 Proposed Revis ion: $0 Revis ed Budget: $0 Adminis trative Rec ommendation: Background Summary: Reviewed by Counc il Committees : Counc ilmember:Staff: Meeting Date:January 14, 2019 Item Number: Page 21 of 59 AGENDA BILL APPROVAL FORM Agenda Subject: Capital Project Status Report (Gaub) (20 Minutes) (6:20 p.m.) Date: January 8, 2019 Department: Public Works Attachments: Capital Project Status Report Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The purpose of this discussion is to inform the Council and Public of the overall status of the City’s Capital Project program managed by the Engineering Services Division. The Capital Project Group of Engineering Services is currently managing 39 projects, totaling approximately $55 million in total project costs. Of these projects, 27 are in design and 12 are under construction. Within the next 2 months, 5 projects that are currently in design are expected to enter the construction phase. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:January 14, 2019 Item Number: Page 22 of 59 CP1605 This project constructs a concrete plaza area, trail, and lighting at the Les Gove Community Campus. $811,542 (Parks) $111,705 (Grant) $923,247 $915,010 100%100%FALL Jacob Sweeting Final pay in process.Berger Group Les Gove Lighted Crescent HB Hansen 18 WINTER 18 CP1709 This project will design and construct a seismic control valve on the City's largest reservoir. $99,946 (Water) $509,017 (Federal) $608,963 $599,252 100%3%SPRING Jai Carter Construction is underway. Contract is in suspension until January 2019 for time to address a change in field conditions impacting the work. ParametrixReservoir 1 Seismic Control Valve RL Alia 18 FALL 19 CP1707 This purpose of this project is to design for and improve traffic signal timing and operations, corridor coordination, traffic signal head visibility, and pedestrian accessibility along the A St SE Corridor between 3rd St SE and East valley Highway Access Road. $111,400 (Street) $458,500 (Federal Grant) $569,900 $569,900 100%1%SPRING Kim Truong Construction is underway. Contract was placed into suspension for material procurement until January 2019. PH Consulting, LLC & DKS Associates A St. SE Corridor Signal Safety & Operations Improvements Titan Earthwork18 FALL 19 CP1718 The purpose of the project is to rehabilitate and preserve the existing pavement on S 277th between Auburn Way North and the SR167 North Bound Off Ramp. $702,380 (Streets) $662,380 (Federal) $1,364,760 $1,364,760 100%95%WINTER Luis Barba Contractor installing vehicle video detection and detectable warning surfaces for curb ramps. Punchlist work to follow. Budget was updated to reflect recently approved Budget Amendment #7. N/AS 277th Street Preservation Project Miles Resources, LLC18 SUMMER 18 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design CONSTRUCTIONProject Status: Generated by eGIS:12/26/2018 Page 1 of 9 Page 23 of 59 MS1814 The purpose of the project is to demolish an existing building located at 3224 V Street SE (on Game Farm Park Property). This property will become part of a dog park in the future. $101,000 (Facilities Repair and Maintenance ) $114,000 $114,000 100%0%SPRING Aleksey Koshman Preconstruction conference scheduled on January 8, 2019.Pacific Rim (Partial) Game Farm Park Building Demolition A&D Quality Constructio n Co. 18 WINTER 19 CP1218 This project will construct corridor improvements to AWS between Muckleshoot Plaza and Dogwood Street SE. Improvements include designated U-turns, access management, driveway consolidation, addition of a 2nd left turn lane from eastbound AWS into the MIT Casino, bus pull-outs, medians, signal improvements, and sidewalks. $1,284,027 (Streets) $1,161,340 (Water) $2,333,108 (Federal) $466,191 (WSDOT) $46,381 (Other Reimbursemen ts) $5,291,047 $5,291,047 100%99%WINTER Matt Larson Substantial completion granted. Contractor completing punchlist work. CH2MAuburn Way South Corridor Safety (Muckleshoot Plaza to Dogwood St SE) Miles Resources17 WINTER 18 C222A This project will complete the widening of S 277th from the intersection of Auburn Way North to L Street NE, including the construction of a pedestrian trail and relocation of the floodway along S 277th. $1,591,162 (Streets) $134,683 (Water) $1,020,700 (Federal) $2,300,000 (Developer) $3,933,990 (TIB) $8,974,579 $8,808,059 100%100%FALL Kim Truong Final pay processed on November 20, 2018. Project closeout underway.Parametrix277TH-AUBURN WAY N TO GREEN RIVER BRIDGE Scarsella Bros.16 SPRING 18 CP1502 This project will improve the safety at the intersection by installing a traffic signal, improving ADA ramps, widening the northeast corner of the intersection to accommodate U-turns, and pavement restoration. $236,666 (Streets) $792,260 (Federal) $1,025,306 $1,004,321 100%85%SPRING Luis Barba Contractor has completed installation of the traffic signal, and the signal is operational. Contract is currently in suspension for weather. Work is expected to resume in early spring 2019 to complete the grind and paving of the intersection, as well as channelization. KPG37TH ST SE AND A ST TRAFFIC SIGNAL Road Constructio n Northwest17 FALL 19 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design CONSTRUCTIONProject Status: Generated by eGIS:12/26/2018 Page 2 of 9 Page 24 of 59 CP1312 This project will replace and/or repair aging and damaged storm lines throughout the City. $1,193,797 (Storm) $595,650 (Water) $50,000 (Street) $1,839,447 $1,760,316 100%100%WINTER Seth Wickstrom Final pay in process.N/ASTORM REPAIR & REPLACEMENT Rodarte 18 SPRING 18 CP1513 This project will construct a round-a-bout and complete the design of intersection bicycle and pedestrian safety improvements at 22nd St NE and I St NE. $318,002 (Streets) $34,881 (Sewer) $326,356 (Water) $200,000 (State Grant) $940,000 (Federal Grant) $1,819,239 $1,661,729 100%100%FALL Seth Wickstrom Final pay processed on November 20, 2018. Project closeout in process.Reid Middleton 22nd St NE and I St NE Intersection Improvements DPK, Inc. 17 SUMMER 18 CP1521 This project will rehabilitate and preserve the existing pavement in the 15th Street NW/NE and Harvey Road SE corridor between State Route 167 and 8th Street NE. Furthermore, grind and overlay 15th Street NW/NE from State Route 167 to Auburn Way N., and grind and overlay Harvey Road NE from Auburn Way N to 8th Street NE. $2,236,500 (Streets) $65,000 (Storm) $50,000 (Sewer) $815,000 (Federal Grant) $3,166,500 $3,146,200 100%85%WINTER Kim Truong The project is currently in suspension awaiting material procurement (signal poles). Construction is anticipated to resume in January 2019. The budget was revised to reflect recent approval of BA#7. Parametrix (partial) 15th Street NE/NW Preservation Project ICON Materials18 SPRING 18 CP1614 This project will reconstruct the 28th St SE loop east of R St., 27th St SE, 26th St SE, S St SE, T St SE and U St SE; reconstructed 19th St SE and G St SE near Olympic Middle school, and preserve 53rd Ave S, S 302nd Pl and associated cul-de-sacs in the Westhill. $2,556,000 (Streets) $500,000 (Water) $200,000 (Storm) $3,256,000 $2,900,000 100%100%FALL Jai Carter Final pay in process.Jacobs Engineering 2017 Local Street Reconstruction and Preservation Project Tucci and Sons17 SPRING 18 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design CONSTRUCTIONProject Status: Generated by eGIS:12/26/2018 Page 3 of 9 Page 25 of 59 CP1717 This project will reconstruct/overlay selected local streets, improve City owned utilities, and rebuild curb ramps to meet ADA standards. The work at each location varies and may include water, sanitary sewer, and storm drainage improvements as needed for each project street. Improvements are proposed at the following locations: 17th Street NE between Auburn Way N and I St NE; K Street NE between 12th St NE and 14th St NE; 122nd Ave SE south of SE 316th St; and SE 286th St east of 112th Ave SE. $1,871,201 (Streets) $369,598 (Water) $138,075 (Sewer) $317,300 (Storm) $2,696,174 $2,693,170 100%99%WINTER Matt Larson Punchlist work is underway.Jacobs Engineering 2018 Local Streets Pavement Reconstruction Tucci & Sons18 SUMMER 18 CP1114 This is a WSDOT project that will replace the roadway surface on Auburn Way South from SR-18 to 17th St SE. WSDOT is also constructing City requested and funded improvements at 12th St SE (Project CP1114). City improvement include reconstructing the 'pork chop' islands, new ADA curb ramps and pedestrian pushbuttons, and pavement restriping. $200,000 (Streets) $213,600 (WSDOT) $413,600 $413,600 100%99%FALL Jacob Sweeting Punchlist work is underway.WSDOTWSDOT SR164 Overlay - SR18 to 17th St SE Tucci 18 SPRING 18 CP1725 Pavement preservation for Arterial & Local streets. Streets to be grind & overlayed: Auburn W N - 45th St NE to S 277th St; Terrace Dr - R St NW to W St NW; 8th Street NE - Auburn W N to M St NE; & R Street SE - E Main St to T St SE. Streets to be thin overlayed: Vista View in West Hill; Lea Hill Village in Lea Hill. Street to be patched - Lakeland Hills W SE - Mill Pond Dr SE to 57th Dr SE. Also to be addressed limited sidewalk repairs, curb & gutter repairs, & upgrading 47 curb ramps Arterial Street Preservation fund = $1.7M Local Street Preservation fund = $850K $2,550,000 $2,571,500 100%55%SPRING Jai Carter Construction is underway. Contract has been placed into suspension due to weather until Spring 2019. N/A2018 Citywide Patching and Overlay Project Lakeside Industries18 SPRING 19 CP1825 This project will re-channelize multiple locations throughout the city. Work will include removal of paint and thermoplastics. The scope also includes the removal and installation of traffic signage, thermoplastic symbols and stop bars, paint, raised pavement markers, and delineators. $105,000 (Streets) $105,000 $105,000 100%55%SPRING Aleksey Koshman Construction has begun and is weather dependent. The 3 priority sites are complete (37th St NE Railroad Crossing; S 300th St/64th Ave S Intersection; and R St NE/4th St NE Intersection). The remaining sites will be completed in 2019. N/A2018 Re-Channelization of Multiple Sites Northwest Traffic, Inc.18 FALL 19 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design CONSTRUCTIONProject Status: Generated by eGIS:12/26/2018 Page 4 of 9 Page 26 of 59 CP1824 This project will construct a Rectangular Rapid Flashing Beacon (RRFB) at the crossing of the InterUrban trail and 44th St. NW in North Auburn. $40,000 (102 Fund) $40,000 $40,000 100%0%WINTER Aleksey Koshman Preconstruction conference is scheduled for January 3, 2019.N/A44th & Interurban RRFB All Stripes, LLC18 WINTER 19 CP1814 This project will build a mini traffic circle at the intersection of Elm Street SE and 22nd Street SE. $38,000 (328 Fund) $52,000 $52,000 100%100%FALL Aleksey Koshman Final pay in process.NoneMini Traffic Circle - Elm Street SE & 22nd Street SE All Stripes, LLC18 FALL 18 CP1416 This project will reconstruct F St SE from 4th St SE to Auburn Way South, including adding new sidewalks, curb and gutter, bike lanes, wayfinding signage, street lighting, streetscape elements, and safety improvements, and will include bike boulevard components. Some ROW acquisition is necessary. Some sections of water and sewer lines will be replaced on F St SE between 4th St SE and Auburn Way S. $1,433,979 (Streets) $350,880 (Water) $115,663 (Sewer) $2,520,000 (Federal) $4,420,552 $4,420,552 90%0%FALL Seth Wickstrom Design and property acquisition work is underway. City has been awarded a Federal Grant for construction funding which will be available in 2021. JacobsF ST SE NON-MOTORIZED IMPROVEMENTS TBD 21 SPRING 21 CP1516 The purpose of the project is to improve safety and the ability to accommodate the current and forecast fleet of multi-engine piston aircraft for both takeoff and accelerate-stop distances at the Auburn Municipal Airport by extending both ends of Runway 16/34. $124,269 (Airport) $120,495 (State) $2,170,253 (Federal) $2,415,018 $2,405,586 30%0%WINTER Seth Wickstrom Design underway. For property acquisition status see MS1811. Agreement with FAA reached regarding runway length. CenturyWe st Auburn Municipal Airport Runway Enhancements TBD 19 SUMMER 19 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design CONSTRUCTIONProject Status: Generated by eGIS:12/26/2018 Page 5 of 9 Page 27 of 59 CP1603 The project will construct a second, parallel transmission pipeline over the White River suspended from a new pedestrian bridge, inspect the existing steel transmission main for possible leaks and repair the leaks, if any. $300,000 (DWSRF Loan) $250,000 (Water) $550,000 $2,700,000 20%0%WINTER Seth Wickstrom Consultant scope/fee renegotiations underway to design pedestrian bridge with a new 24-inch transmission suspended underneath. Project Budget Total reflects design costs only. Construction funding for the project is not yet secured. Jacobs Engineering Coal Creek Springs Transmission Main Repair TBD 22 SPRING 22 CP1705 This project will construct the missing gap of sidewalk along the north side of Auburn Way South between the existing sidewalk terminations near 17th St SE to the west and Muckleshoot Plaza to the east. The project length is approximately 1,700 feet. $400,000 (TIB Grant) $430,000 (Streets) $830,000 $830,000 93%0%SUMMER Matt Larson Design Underway; Received verbal approval from WSDOT for preliminary design and speed reduction. Coordinating with WSDOT for channelization plan review and approval. Schedule updated for continued coordination with WSDOT. N/AAuburn Way South (SR164) Sidewalk Improvements TBD 19 SPRING 19 CP1719 This project will add telemetry and SCADA capabilities to the 22nd Street NE and R Street NE Sewer Pump Stations. $324,956 (Sewer) $324,956 $548,677 96%0%SUMMER Luis Barba Design is underway. Value engineering being conducted and/or scope reduction discussions are in progress in an effort to reduce costs, though a funds transfer is likely to cover the budget shortfall. ParametrixSewer Pump Station Telemetry (SCADA) Improvements TBD 19 SPRING 19 CP1802 This project will provide back up power and upgrade 2 pumps from fixed speed to variable speed at the existing Green River Pump Station located at Isaac Evans Park. $1,000,000 (Water) N/A $1,000,000 $1,000,000 90%0%FALL Luis Barba Design is underway. BHCGreen River Pump Station Emergency Power TBD 19 SPRING 19 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design DESIGNProject Status: Generated by eGIS:12/26/2018 Page 6 of 9 Page 28 of 59 CP1724 The purpose of the project is to alleviate significant annual flooding at the 1000 block of 37th St NW of Auburn, Washington, by upgrading the drainage system with a box culvert. $81,000 (Storm) $200,000 (Grant) $291,000 $218,942 20%0%FALL Luis Barba Design is underway. Completing storm modeling in support of the design effort. N/A37th St NW Flood Control TBD 19 SPRING 19 CP1804 The purpose of the project is to construct two missing sections of sidewalk, construct ADA improvements, construct a Rectangular Rapid Flashing Beacon (RRFB) at the intersection of Auburn Avenue and 5th Street NE, and install LED lighting along Auburn Way North between E Main St and 5th St NE $351,000 (Streets) $351,000 $391,045 90%0%SUMMER Luis Barba Design is underway. Value engineering being conducted and/or scope reduction discussions are in progress in an effort to reduce costs, though a funds transfer is likely to cover the budget shortfall. N/AAWN Sidewalk Improvement Project TBD 19 SPRING 19 CP1726 Reconstruct selected streets that are in very poor condition, as well as improve utilities, and rebuild curb ramps to meet ADA standards. The improvement at each project sites varies and may include a potential sewer Local Improvement District, storm drainage and water improvements. Improvements are proposed at the following streets: 4th St NE (R St to 4th Pl NE), 4th Pl NE, M St SE (25th St SE to 28th St SE), 28th St SE (M St SE to R St SE), O St SE, Pike St SE $1,960,000 (103 Local Fund) $1,000,000 (Water) $1,117,000 (Storm) $4,077,000 $3,804,254 40%0%FALL Kim Truong Design is underway. KPG2019 Local Street Reconstruction TBD 19 SPRING 19 CP1812 The purpose of this project is to update the electrical systems at sewer pump stations throughout the City to meet current electrical code, improve safety and increase the efficiency of maintenance. $641,000 (Sewer) $641,000 $641,000 0%0%FALL Luis Barba Consultant selection services for design underway. TBDSEWER PUMP STATION ELECTRICAL IMPROVEMENTS TBD 19 SPRING 19 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design DESIGNProject Status: Generated by eGIS:12/26/2018 Page 7 of 9 Page 29 of 59 MS1811 Acquire a portion of the King County Park & Ride as part of the Auburn Airport Runway Enhancement Project (Project Number CP1516). $500,000 (Federal Grant) $55,600 (Airport Fund) $555,600 $555,600 50%0%WINTER Seth Wickstrom Property appraisal underway.Apprisal Group of the Northwest Auburn Airport Runway Extension - Property Acquisition Phase N/A 18 WINTER 18 CP1807 Replace 8 large water meter vaults and 1 large water meter vault lid. $1,300,000 (Water) $1,300,000 $1,300,000 5%0%SUMMER Seth Wickstrom Design is underway.N/AWater Meter Vaults and Lids Replacement TBD 19 WINTER 19 CP1805 This project will repair and/or replace portions of the sanitary sewer pipe system at 21 different sites throughout the City that have deteriorated and are in need of repair. $1,800,000 (Sewer) $1,800,000 $2,800,000 10%0%FALL Kevin Thompson Design is underway. Value engineering being conducted and/or scope reduction discussions are in progress in an effort to reduce costs, though a funds transfer is likely to cover the budget shortfall. BHC, Inc. (partial) 2019 Sewer Repair and Replacement TBD 19 SPRING 19 CP1819 The project proposes to grind, repair, and overlay the roadway; upgrade non-ADA compliant curb ramps; replace traffic loops; upgrade pedestrian signal infrastructure as needed to meet ADA standards; and replace the water main and applicable appurtenances along the A St. SE corridor between East Main St. and 17th St. SE. The project will restore 4.77 lane miles (0.95 CL Miles) of roadway, upgrade up to 42 curb ramps, and replace approximately 1,000 feet of water main. $881,800 (Street) $410,000 (Water) $881,800 (Federal) $2,173,600 $2,173,600 50%0%FALL Kim Truong Design is underway.N/AA Street SE Preservation TBD 19 SPRING 19 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design DESIGNProject Status: Generated by eGIS:12/26/2018 Page 8 of 9 Page 30 of 59 CP1823 This project will replace aging storm infrastructure and provide improvements to the existing storm drainage system at 7 sites throughout the City. $944,000 (Water) $944,000 $944,000 5%0%FALL Jai Carter Preliminary Design is underway.Murraysmit h, Inc. and Brown & Caldwell, Inc. 2018 Storm Repair and Replacement TBD 19 SUMMER 19 CP1806 The purpose of the project is to evaluate the Lea Hill Road Corridor from M St. NE to 124th Ave SE to identify potential safety, capacity, and operational improvements. The study may also include analysis of a future roadway connection from 102nd Ave SE to 104th Ave SE and closing off 102nd Ave SE at SE 320th St. to create a cul-de-sac. $200,000 (Street) $200,000 $200,000 25%N/A Kim Truong Project study analysis work is underway. A Public Open House 'drop-in' event is currently scheduled for January 16, 2018 from 4:00 pm to 7:00 pm at Rainier Middle School. For more information about the project visit www.auburnwa.gov/leahillcorridor SCJ Alliance Lea Hill Road Corridor Study N/A CP1815 The project will repair and/or replace damaged sidewalk and upgrade or install curb ramps to meet ADA requirements. The project will also build new sidewalk segments to fill gaps in the pedestrian network. $148,100 (328 Fund) $20,000 (430 Fund) $146,867 (CDBG Funds) $314,967 $426,867 95%0%SPRING Aleksey Koshman Design is underway. Value engineering being conducted and/or scope reduction discussions are in progress in an effort to reduce costs, though a funds transfer is likely to cover the budget shortfall. N/A2018 Citywide ADA Sidewalk Project TBD 18 WINTER 19 Project Number Street/Utilities Total Budget Project Budget Total Estimated Costs % Complete Finish Date % Complete Construction Project Manager ContractorProject Name & Description Other Status Capital Project Status Report Public Works Department - Engineering General Services Division Finish Date Design Consultant Design DESIGNProject Status: Generated by eGIS:12/26/2018 Page 9 of 9 Page 31 of 59 AGENDA BILL APPROVAL FORM Agenda Subject: Heritage Site Update (Tate) (15 Minutes) (6:40 p.m.) Date: January 8, 2019 Department: Community Development Attachments: Memorandum and Attachment A Attachment B - Architectural Rendering Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Presentation Background Summary: See Attached Memorandum Rev iewed by Council Committees: Councilmember:Staff:Tate Meeting Date:January 14, 2019 Item Number: Page 32 of 59 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: January 7, 2019 Re: Heritage Site Update PW&CD Special Focus Area Chair DaCorsi requested that staff provide an ongoing update of the status of demolition and redevelopment of the Heritage Site. This is the first memo that provides background information and a current summary of the status of this. Future memos will build upon this memo so that each memo includes a chronology of past events and milestones along with a narrative that describes the current status of this site. Background (Bold Underline Text Represents Compliance Deadlines)  12/26/17 – Heritage Fire  12/27/17 – Code Enforcement Case Opened – Building Placarded with “Do Not Occupy” Notices at All Doorways  12/28/17 – Emergency Demolition Permit Issued (Parapet Removal)  1/12/18 – Building Permit Issued (Shoring Compromised Structural Elements)  January thru April – Owner and Insurance Company Investigating Site, Cause of Fire, Determining Settlement, and Evaluating Ability to Demo or Salvage and Rebuild  4/19/18 – Code Enforcement Issued Notice to Correct In Order to Establish Demolition or Repair Expectations and Timelines as Follows: o By 5/1/18, Submit a Plan to Either (A) Demo the Structure or (B) Rehab the Structure. o Option A Requires Demolition to be Complete by June 12, 2018 o Option B Requires Rehabilitation by December 26, 2018 o Owner Never Responded to Select an Option  5/1/18 – Deadline to Reply to 4/19/18 Code Enforcement Action – Owner Does Not Provide Notice of Option A or Option B  5/5/18 – Contractor Secures State Department of L&I Asbestos Project Notice  5/10/18 – Asbestos Lab Results Completed (Roofing Material and Plumbing Lines)  5/15/18 – Demolition Phase 1 Permit Issued (Asbestos Abatement)  5/22/18 – Water Service Permit Issued (Disconnection of Water Line) Page 33 of 59  6/12/18 – Initial Demolition Compliance Deadline – Demolition Not Complete – Due to Ongoing Effort to Work Through All Issues, Deadline Extended to 8/31/18.  6/13/18 – Haul Route Permit Issued (Approves Where Trucks Will Enter, Stage and Exit Site)  7/24/18 – Parking Lot Use Permit issued (Allows Demo Contractor to Utilize City Owned Land to Stage and Store Equipment and Debris)  8/24/18 – Temporary Sewer Cap Permits Issued (Approves the Disconnection of Sewer Lines and the Use of Inflatable Temporary Plugs to Cap the Open Sewer Line)  8/24/18 – Storm Permit Issued (Approves Erosion Control Measures Necessary for Demo)  8/30/18 – Demolition Phase 2 Permit Issued (Building Demolition)  8/31/18 – Demolition Compliance Deadline – Demolition Not Complete – Due to Issuance of Demolition Phase 2 on 8/30/18 and Expectation That Work Will Take 6 Weeks, Deadline Extended to 10/31/18.  9/25/18 – Permanent Sewer Capping Permits Issued  10/4/18 – Building Removed (However Debris Remains on Site and City Mandated Conditions of Demolition are Not Complete)  10/31/18 – City Established Demolition Deadline – Demolition not Complete  11/1/18 – City Staff Learns that the Owner Has Elected to Utilize a Different Contractor to Finish the Demolition Activity (Remove the Debris, Fill the Site with Clean Fill, and Hydroseed the Site) o Staff was Concerned to Learn this. It Meant that the New Contractor Would Have to Apply for a New Demolition Permit Because they are Not Permitted to Use the Same Permit Applied for by a Different Contractor. o Because of this Information Staff Determined that this Change Would Cause Further Delays  11/7/18 – Code Enforcement Issues Notice of Civil Penalty due to the Failure to Meet the 10/31/18 Demolition Deadline ($500 Initial Fine Plus $100 Per Day Until Compliance Completed – on 1/14/19 the accrued fine will be $6,200 which will continue at $100 per day) Current Status There are 3 primary areas of focus regarding the current status of the site: (1) demolition, (2) redevelopment, and (3) schedule for redevelopment. 1. Demolition. As noted above, two phases of demolition have been completed. Phase 3 remains incomplete. Phase 3 constitutes removal of all debris on site, filling the site so that it is at grade to the surrounding properties, hydroseeding or gravelling the site, illuminating the site, restoration of any damaged surrounding pavement or structures (light poles and park benches), and fencing the site. This continues to be a challenge for City staff. The Phase 2 demolition permit included a number of conditions that have yet to be completed (See Attachment A for full list). For this reason, the project and property remain out of compliance. According to the property owner, the contractor has increased their costs. According to the contractor, the property owner provided a narrower scope of service for the work that they were hired to carry out. From a City staff perspective, it is difficult for City staff to understand Page 34 of 59 the miscommunications between the property owner and the demolition contractor. Especially in light of the fact that the permit issued by the City contains all of the conditions, which means that the property owner and contractor have had access to this information from the moment the permit was issued on 8/30/18 and via email as early as 5/10/18 when City staff proactively provided the list of conditions before the application was submitted. Nonetheless, the contractor is wrapping up the scope of work that they were paid for and the owner has elected to use a different contractor to finish the rest of the work. Unfortunately, this has led to delays in completing the demolition work. It is for this reason that City code enforcement started assessing financial penalties against the property owner when it issued a “Notice of Civil Penalty” on 11/7/18. As noted in the final bullet point above, on 1/14/19 (the date of City Council Study Session) fines will have accrued to an amount of $6,200.00 and will continue to accrue at a rate of $100.00 per day until full compliance is achieved. This type of financial penalty is filed as a lien that is recorded against the title of the property. 2. Redevelopment. On 10/18/18, the property owner informed City staff that she had hired an architect and was seeking to set up a pre-application meeting. City staff suggested that a better route would be to begin an ongoing dialogue about code requirements. This suggestion was made because City staff was certain that the nature of this site demanded a more creative redevelopment solution due to the fact that redevelopment could not occur without flexible application of the city code. The following examples help explain staff’s position:  The site is small and has no vehicular access. There is an adjacent building to the west, a public plaza to the east, Main Street to the north, and a public sidewalk and property to the south.  The prior building provided no parking and the site is too small to accommodate adequate parking to serve the redevelopment. This non-conforming situation demands flexibility in how we apply modern codes to the redevelopment.  Interpretations are necessary in order to determine what it means to “build back what was there before”. Does this mean the exact same building or is there flexibility in the design, height, and number of units within the building? Is there flexibility in the uses that would be allowed within the building? Is there flexibility in how much commercial square footage will be required?  The soils at this site need to be adequately investigated in order to understand what options exist for the foundation of a modern building. After many code related questions and answers exchanged via email the property owner provided an architectural rendering to City staff on 11/21/18. This package is attached to this memo as Attachment B. In response to this submittal City staff met with the property owner and architect on 12/11/18. The meeting prompted a new round of code related questions and answers. It is anticipated that an updated set of conceptual designs will be submitted this month. At a minimum (and as noted in item #3 below), the property owner is required to submit a formal design review package for City consideration by 1/31/19. This will be the first formal submittal as part of the redevelopment schedule. 3. Schedule for Redevelopment. As a follow up to the City’s 11/7/18 Code Enforcement action, the property owner provided the city with a draft schedule for redevelopment of the site. The redevelopment schedule includes design, permit review, and construction. The property owner provided a redevelopment schedule to City staff on 12/5/18. Between 12/5/18 and 12/21/18, the property owner and City staff exchanged emails with several different iterations of the schedule. A final redevelopment schedule was agreed upon on 12/21/18. The schedule is as follows: Page 35 of 59 Design and Permit Review Design Review Civil Building 1st Submittal 1/31/19 6/1/19 6/1/19 City 1st Comments Back 3/1/19 7/12/19 7/12/19 2nd Submittal 3/22/19 8/9/19 8/9/19 City 2nd Comments Back 4/12/19 9/6/19 9/6/19 3rd Submittal 4/26/19 9/27/19 9/27/19 City 3rd Comments Back 10/18/19 10/18/19 Finalizing Plan Details 10/19/19 to 11/1/19 10/19/19 to 11/1/19 Plan/Permit Approval 5/17/19 11/8/19 11/8/19 Transition from Permit to Construction Construction Bid Early November thru Early January Pre Construction Meeting 1/29/20 Notice to Proceed 2/3/20 Construction Construction Starts 2/7/20 Certificate of Occupancy 5/15/21 Page 36 of 59 Attachment A – Phase 2 Permit Conditions 1. Prior to beginning Phase 2 demolition activities, the applicant must obtain a sewer capping permit, and under that permit, locate, expose, and cap all side sewers connecting the building to the sewer main on its south side. As discussed previously, location of side sewer work should be done in a manner that does not disrupt existing service to adjacent businesses. 2. Please provide confirmation of agreement with Safeway management for access through the approved proposed haul route. 3. An agreement for use of the city owned property shall be in place prior to expanding fence area for further staging or circulation changes to parking area south of building. Please work directly with Josh Arndt Real Property Analyst (253-288-4325, jarndt@auburwa.gov) to coordinate the agreement. 4. Please provide documentation or other authorization from interested parties (Chase Bank, Rainbow Café, Safeway) 5. Please provide documentation of notification to adjacent busi nesses. 6. Advance signage of sidewalk closure should be placed ahead along E Main ST. and advance signage of drive aisle closure should be placed ahead along parking lot drive aisle to inform and detour the public prior to reaching a “dead - end”. 7. The proposed demo equipment: 320 CAT Excavators, mini excavators and bobcat likely will cause damage to the public sidewalks and to pavers in B ST Plaza. Applicant shall be responsible for documenting existing conditions (video or other) and replacement and restoration of any damage. It is advisable that equipment minimum running on public ROW areas and instead utilize routes through building site to complete operation. Also, applicant should verify specification and availability of replacement pavers matching those in B ST Plaza prior to the start of construction. Maintenance agreement and financial security shall be in place prior to structure demolition. 8. Please provide plan for securing site when construction crews are not present (evenings, weekends, etc.). Fencing to be secured and locked to prevent trespass. 9. Where parking stalls are to remain adjacent to fence line, it shall be placed in a manner so as to completely block off parking stall (adjacent to diagonal for example) so as to prevent partial access. 10. Demolition work shall provide for contingency to evaluate integrity of adjacent building and public improvements (sidewalk, plaza, road, and parking lot). Shoring, bracing, and structural support provisions should be included as necessary. 11. Restoration of existing wall of adjacent building material, artwork, repair, etc. shall be evaluated and provided. Paint or treatment of wall may be necessary. 12. Proposed final stabilization and condition for the site shall be provided to the City for review and approval. Proposal should address ground surface covering, storm drainage, visibility of any remaining foundation or structural elements, fencing, security, etc. 13. It is preferred that final fencing be black clad, chain-link around perimeter and back of sidewalk. Fencing shall be secured in place (mobile or temporary fencing is not preferred). Page 37 of 59 14. Final site condition shall include drainage system as appropriate to prevent pooling and runoff to adjacent public and private areas. 15. Coordination with City shall be made to remove and store any public elements (light poles, grates, plants, etc.) proposed to be removed to protect from construction activity. 16. Stormwater Minimum Requirement #2 - Construction Stormwater Pollution Prevention is required for this project. Based on the amount of disturbed area a Level 2 stormwater permit is required with this project. The contractor shall implement proper erosion and sediment control measures during construction. If the contract has any question please contact Diane Gamlem, Storm Water Management Inspector at 253-293-2408 or dgamlem@auburnwa.gov during construction. 17. Erosion and sediment control measures shall include inlet protection of existing storm drains adjacent to the project site. 18. Power shall be disconnected and protected in tree well locations in the B St. Plaza area. 19. Abatement of any contaminated soil may be required. Please provide plan for assessment. 20. Conditions of Demolition Permit will include: a. Contractor to provide intact removal of Home Plate Pub sign at northeast corner of building. Sign shall be provided to the City prior to demolition of structure. b. Maintenance agreement and financial security for restoration shall be in place prior to demolition work. Complete restoration of any dama ge shall be provided, inspected, and accepted by the City prior to final close out of permit. c. City work hours shall be observed throughout project. d. Proper dust control measures shall be applied during demolition work. e. Mail boxes southeast of building shall be provided continuous access throughout project. f. Tree protection shall be provided to prevent damage to trees, tree grates, tree receptacles, etc. in B St. Plaza. Damage to trees will require replacement with tree of same species, size, and maturation. g. Power sweeping, restoration and maintenance to remove debris, accumulated dirt, and vegetation shall be provided by the contractor prior to close out of permit. Page 38 of 59 Page 39 of 59 Page 40 of 59 Page 41 of 59 Page 42 of 59 Page 43 of 59 Page 44 of 59 Page 45 of 59 Page 46 of 59 Page 47 of 59 Page 48 of 59 Page 49 of 59 Page 50 of 59 Page 51 of 59 AGENDA BILL APPROVAL FORM Agenda Subject: Downtown Development Update (Tate) (15 Minutes) (6:55 p.m.) Date: January 8, 2019 Department: Community Development Attachments: Memorandum Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Presentation Background Summary: See Attached Memorandum Rev iewed by Council Committees: Councilmember:Staff:Tate Meeting Date:January 14, 2019 Item Number: Page 52 of 59 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: January 7, 2019 Re: Downtown Development Activity PW&CD Special Focus Area Chair DaCorsi requested that staff provide an ongoing update of the status of downtown development activity. This memo represents the first update. Future updates will be provided via monthly or bi-monthly transmittals to City Council. Auburn Apartments Status: In final stages of design and permit review with approvals likely in January 2019; Anticipated early grade, site prep, staging in February. Location: West of Division, North of 2nd Street SW, South of 1st Street SW, and East of A Street SW Description: 226 Dwelling Unit Mixed Use Building; 7 Stories and 296,000+ Square Feet that includes 1,993 square feet of retail, 12,997 square feet of common amenity space, and 251 parking spaces Rendering Location Page 53 of 59 Legacy Senior Living Status: In Design/Permit Review; Due to foundation redesigns and access concerns this building may experience relatively significant revisions. Hopeful construction start date in Summer 2019. Location: West of Division, North of 1st Street SW, South of W Main Street, and East of A Street SW Description: 166 Dwelling Unit Mixed Use Building; 7 Stories and 214,000+ Square Feet that includes 5,655 square feet of retail, 7,000+ square feet of common amenity space, and 127 parking spaces Rendering Location Tru By Hilton Status: In Design/Permit; Currently under Design Review, Building Permit Review, and Civil Review; Applicant is working through parking and access issues with surrounding properties. Hopeful construction start date in summer 2019. Location: West of AWS, North of Cross Street, South of 2nd Street SW Description: 90 Room Hilton Hotel; 4 Stories and 41,000+ Square Feet Rendering Location Page 54 of 59 Façade Improvement Projects Rail Hop’n Brewing (Status: Complete) Status: Complete Location: 122 W Main Street #B City Funds: $5,000.00 Description: The City funded the purchase and installation of large windows that function like garage style doors. Two windows/doors provide open-air interaction between the indoor brewpub and pedestrian traffic on Main Street. Before After Brekke Building Status: In Construction Location: 413 E Main Street City Funds: $30,500.00 (Owner Contribution is $220,000) Description: The City helped fund the renovation of this 1960’s era building. Initially, the scope was anticipated to be a refacing of the existing building. Due to rot that was discovered during demolition, the project transitioned into a near rebuild. Before After Page 55 of 59 Driessen Building (Status: Design Approved; Construction Begins in January) Status: Design Complete; Construction Begins in January Location: 16 A Street SE City Funds: $31,000.00 (Owner Contribution is $134,000) Description: The City is helping to fund the renovation of this building constructed in 1915. The scope of this work is to reface and paint the façade of this building (although the owner is making other significant investments into renovating this 100+ year old building). Before After  Vinifera (Status: Design Approved; Construction Begins in January) Status: Design Complete; Construction Begins in January Location: 18 Auburn Way South City Funds: $19,001.40 (Owner Contribution is $10,832.80) Description: The City is helping to fund the installation of a new awning and lighting at Vinifera. Additionally, the manufacturer of the awning is a local downtown business – Spectrum Signs. Before After Page 56 of 59 AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: January 9, 2019 Department: City Counc il Attachments: Special Focus Area Key Matrix Budget Impact: Current Budget: $0 Proposed Revis ion: $0 Revis ed Budget: $0 Adminis trative Rec ommendation: Background Summary: Reviewed by Counc il Committees : Counc ilmember:Staff: Meeting Date:January 14, 2019 Item Number: Page 57 of 59 SPECIAL FOCUS AREAS COMMUNITY WELLNESS FINANCE, TECHNOLOGY, & ECONOMIC DEVELOPMENT PUBLIC WORKS & COMMUNITY DEVELOPMENT MUNICIPAL SERVICES PUBLIC HEALTH AND WELLNESS COMMUNITY & NEIGHBORHOOD SERVICES HOMELESSNESS & HOMELESSNESS PREVENTION HOUSING QUALITY, AFFORDABILITY & ATTAINABILITY HUMAN & SOCIAL SERVICES DOMESTIC VIOLENCE SERVICES COMMUNITY EQUITY EQUIPMENT RENTAL FACILITIES INNOVATION & TECHNOLOGY CITY REAL PROPERTY BUSINESS DEVELOPMENT SISTER CITIES INTERNATIONAL UTILITIES TRANSPORTATION SUSTAINABILITY ENVIRONMENTAL PROTECTION CULTURAL ARTS & PUBLIC ARTS PLANNING & ZONING PERMITS & DEVELOPMENT RIGHT OF WAY MANAGEMENT AIRPORT AIRPORT BUSINESS POLICE SCORE JAIL DISTRICT COURT PARKS & RECREATION ANIMAL CONTROL SOLID WASTE ENERGENCY PLANNING MULTIMEDIA CEMETERY Councilmember Trout-Manuel, Chair Councilmember Wales, Chair Councilmember DaCorsi, Chair Councilmember Brown, Chair Councilmember DaCorsi, Vice Chair Councilmember Holman, Vice Chair Councilmember Baggett, Vice Chair Deputy Mayor Peloza, Vice Chair 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES February 11, 2019 February 25, 2019 January 14, 2019 January 28, 2019 April 8, 2019 April 22, 2019 March 11, 2019 March 25, 2019 June 10, 2019 June 24, 2019 May 13, 2019 May 27, 2019 August 12, 2019 August 26, 2019 July 8, 2019 July 22, 2019 October 14, 2019 October 28, 2019 September 9, 2019 September 23, 2019 December 9, 2019 December 23, 2019 November 12, 2019 November 25, 2019 Page 58 of 59 Updated 1-7-2019 NO.TOPIC Chair STAFF LEAD(S)STUDY SESSION REVIEW DATE(S) COUNCIL DISCUSSION SUMMARY ACTION DATE 1 Capital Projects Update and Featured Capital Project Discussion Chair DaCorsi Vice Chair Baggett Director Gaub 1/14/2019 2 Plastic Bag Ban Chair DaCorsi Vice Chair Baggett Director Tate 3/11/2019 3 Tenant Protection Measures Chair Trout-Manuel Vice Chair DaCorsi Director Tate 2/11/2019 4 Multifamily Housing Protections Chair Trout-Manuel Vice Chair DaCorsi Director Tate 2/11/2019 5 Domestic Violence/Advocacy Report Chair Trout-Manuel Vice Chair DaCorsi City Attorney Gross TBD 6 Identity Theft Chair Wales Vice Chair Holman City Attorney Gross 1/14/2019 COUNCIL MATRIX Page 59 of 59