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HomeMy WebLinkAbout01-22-2019 CITY COUNCIL MEETING AGENDACity Council Meeting J anuary 22, 2019 - 7:00 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 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 I I I .AP P O I NT M E NT S A .A uburn Tourism Board City Council to confirm the appointments to the Auburn Tourism B oard for new three- year terms to expire December 31, 2021: K acie B ray E dgar Vidal (RE C O M M E ND E D AC T I O N: M ove to approve the Auburn Tourism Board Appointments.) B .J unior City Council City Council to confirm the following appointments to the J unior City Council for new two-year terms to expire A ugust 31, 2020: A ddyson J ones Waylon Menzia (RE C O M M E ND E D AC T I O N: M ove to approve the J unior City Council Appointments.) C.B oard and Commission Reappointments City Council to confirm the reappointments of the following boards and commission members for new three-year terms expiring December 31, 2021: Auburn L odging Tax Advisory Committee A ndy Cho Business Improvement Area Committee of Ratepayers K elly Gordon Page 1 of 94 Darren J ones Ronnie Roberts Cemetery Board A rnie Galli Human Services Committee Dana Riel J oA nne Walters J unior City Council B randon Berend Diego I zquierdo P arks and Recreation Board Wayne Osborne P lanning Commission Roger L ee Dimitri Moutzouris P hillip S tephens Transportation Advisory Board J eanette Miller Ronald Riley White River Valley Historical Society Gordy Nishimoto (RE C O M M E ND E D AC T I O N: M ove to approve the Reappointments to City Boards and Commissions.) 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 - (No public hearing is scheduled for this evening.) B .Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. 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 Page 2 of 94 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 August 28, 2017, S eptember 11, 2017, S eptember 25, 2017, October 9, 2017, October 23, 2017, J anuary 22, 2018, J anuary 29, 2018, December 10, 2018 and J anuary 14, 2019 S tudy S ession B .Minutes of the December 17, 2018 Regular Council Meeting C.Claims Vouchers (Coleman) 2018 Vouchers: Claim voucher numbers 451949 and 451952 through 52146 in the amount of $1,198,049.25 and two wire transfers in the amount of $152,475.69 and dated J anuary 7, 2019. Claim voucher numbers 452171 and Voucher 452173 through 452337 in the amount of $3,346,621.94 and one wire transfer in the amount of $572,798.73 and dated J anuary 22, 2019. 2019 Vouchers: Claim voucher numbers 451950 through Voucher 451951 and Voucher #452147 through voucher number 452170, in the amount of $1,650,367.41 and one wire transfer in the amount of $574,380.46 dated J anuary 7, 2019. Claim voucher numbers 452172 and 452338 through 452444, in the amount of $670,045.72 and one wire transfer in the amount of $15,823.08 and dated J anuary 22, 2019. D.P ayroll Vouchers (Coleman) 2018 Vouchers: Claim voucher numbers 451949 and 451952 through 52146 in the amount of $1,198,049.25 and two wire transfers in the amount of $152,475.69 and dated J anuary 7, 2019. Claim voucher numbers 452171 and Voucher 452173 through 452337 in the amount of $3,346,621.94 and one wire transfer in the amount of $572,798.73 and dated J anuary 22, 2019. 2019 Vouchers: Claim voucher numbers 451950 through Voucher 451951 and Voucher #452147 through voucher number 452170, in the amount of $1,650,367.41 and one wire transfer in the amount of $574,380.46 dated J anuary 7, 2019. Claim voucher numbers 452172 and 452338 through 452444, in the amount of $670,045.72 and one wire transfer in the amount of $15,823.08 and dated J anuary 22, 2019. (RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.) Page 3 of 94 V I I I .UNF INIS HE D B US I NE S S A .S eating Assignments for City Council Meetings A pproval of 2019 S eating Chart for Council Regular Meetings (RE C O M M E ND E D AC T I O N: M ove to adopt 2019 Council S eating Chart.) I X.NE W B US I NE S S X .O RD INANC E S A .Ordinance No. 6710 (Gross) A n Ordinance of the City Council of the City of A uburn, Washington, relating to criminal offenses, adopting the crime of identity theft, and amending Chapter 9.62 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. 6710.) X I .RE S O L UT IO NS A .Resolution No. 5395 (Tate) 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 (RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5395) B .Resolution No. 5401 (Gaub) A Resolution of the City Council of the City of A uburn, Washington, authorizing the Mayor to accept federal grant funds to be administered through the Washington State Department of Transportation (RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5401) 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 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. Page 4 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the Augus t 28, 2017, September 11, 2017, September 25, 2017, October 9, 2017, October 23, 2017, January 22, 2018, January 29, 2018, Dec ember 10, 2018 and January 14, 2019 Study Ses s ion Date: January 10, 2019 Department: Financ e Attachments: 08-28-2017 Minutes 09-11-2017 Minutes 09-25-2017 Minutes 10-9-2017 Minutes 10-23-2017 Minutes 01-22-2018 Minutes 01-29-2018 Minutes 12-10-2018 Minutes 01-14-2019 Minutes 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 22, 2019 Item Number:CA.A Page 5 of 94 City Council Study Session Muni Serv ices S FA August 28, 2017 - 5:30 P M Council Chambers - City Hall A GE NDA Watch the meeting v ideo Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R Deputy Mayor L argo Wales called the meeting to order at 5:32 p.m. in the Council Chambers of A uburn City Hall located at 25 West Main S treet, Auburn. A .Roll Call Councilmembers present: D eputy Mayor Wales, B ob Baggett, Claude DaCorsi, J ohn Holman, and Yolanda Trout-Manuel. Councilmember Rich Wagner arrived at 7:23 p.m. during discussion of Community Meetings and Quorums. Councilmember P eloza was excused. Mayor Nancy Backus and the following department directors and staff members were present: City Attorney Daniel B. Heid, P olice Chief Bob L ee, Assistant Director of E ngineering Services/C ity E ngineer I ngrid Gaub, I nnovation and Technology Assistant Director Ashley Riggs, Parks, A rts and Recreation D irector Daryl Faber, F inance D irector S helley Coleman, Assistant D irector of C ommunity D evelopment S ervices J eff Tate, Director of A dministration Dana Hinman, E conomic Development Manager Doug L ein, D evelopment S ervices Manager J ason K rum, P lanning Services Manager J eff Dixon, and Deputy City Clerk S hawn Campbell. 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 There was no announcement, report or presentation. 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 .Residential/Commercial Development Overview (30 Minutes) (Snyder) A ssistant Director of C ommunity Development S ervices Tate, P lanning S ervices Manager Dixon, and Development S ervices Manager/Building Official Krum provided a presentation on the various types of development processes and activities. S taff members reviewed the following development review processes for: Subdividing land Page 1 of 6Page 6 of 94 Building a home within a subdivision Building a home outside a subdivision New commercial construction Commercial tenant improvements W ithin each of the five subject areas listed above, staff reviewed: Permit/plan review timeframes Overall development timeframes (design review, city review and construction) Disciplines involved in the various projects (planning, fire, traffic engineering, etc) Reference books associated with development review (city codes, engineering standards) Examples of plan sets and the information that is included F ees that customers pay Customer service dilemmas that the C ity f aces when balancing the short term needs of the applicant with the long term needs of the property tax payer and the utility rate payer Other agency involvement P lanning S ervices Manager D ixon reviewed short plats and long plat subdivisions. S hort plats are developments of nine or less lots; long plats are ten or more lots. T he long plats comprise the majority of single family residential development. Manager Dixon reviewed the preliminary plat and final plat processes. Development Services Manager K rum reviewed the review process, reference documents, and timelines f or building a home within a subdivision and building a home outside a subdivision, and commercial tenant improvement. Manager D ixon reviewed the development process f or a new commercial construction. A ssistant D irector Tate reviewed typical customer service dilemmas and considerations throughout the development/construction process. B .Veterans and Human S ervices L evy Funds Finance D irector Shelley Coleman stated the Veterans and Human S ervices L evy by King C ounty will levy $0.10 per $1,000 assessed valuation over the next six years. Approximately $60 million will be generated annually. S ome of the organizations in Auburn that will receive f unding from the levy include: YW C A, C hildren’s Home S ociety, Spiritfest, K ing C ounty L ibrary in A uburn, W hite R iver Garden, HealthPointe, Green River College, Valley Cities, and Terry Home I I . Page 2 of 6Page 7 of 94 C.Community Meetings and Quorums Deputy Mayor Wales asked for clarif ication on Council quorums. S he asked whether a C ouncil meeting needs to be noticed when there is a quorum of the Council at a community meeting such as Sound Cities or a community picnic or the Santa parade. City Attorney Heid stated that when it’s someone else’s meeting and the Council is not there to discuss or transact the business of the City, the City does not need to notice the meeting. City Attorney Heid stated if a quorum (four or more) of the C ouncil is present and discussion moves to discussion of city business or issues, a potential meeting has taken place. City A ttorney Heid stated that when Councilmembers are at a social gathering where City business is not intended to be discussed, there is no meeting of the Council. Mayor B ackus stated the intent of the community picnic is f or a group discussion. D iscussion is supposed to be among the whole group, and that is why Councilmembers have been asked to sign up in advance so that a quorum can be avoided or the meeting noticed. D.Use of City Facilities Deputy Mayor Wales stated that until recently the R iverwalk Homeowners A ssociation had held their meetings in the C ouncil C hambers or conference rooms, but was recently been prevented from using City Hall rooms. Councilmember B aggett stated his Homeowners A ssociation had been able to use C ity Hall meeting rooms in the evening f or their meetings, but was told that the meeting rooms would not be available for use by the Homeowners Association due to risk of damage to city facilities. City Attorney Heid stated that unlike Parks and Recreation rental facilities, City Hall spaces have no C ity staff for after-hours use to ensure security of the facilities. Also, if the f acility is open to one group, it must be open to all to ensure there is no violation of the F irst Amendment. Director Hinman stated the C ity Hall building is designed for city related business and other legislative groups that meet during the normal work day. E .Transportation and P arks Mitigation F unds (20 Minutes) (Coleman) Finance Director S helley Coleman reviewed impact and mitigation fees. Finance Director Coleman explained impact f ees must be used to construct capital facilities for impacts directly related to development. T he Page 3 of 6Page 8 of 94 facilities must be included in the Capital F acilities P lan and the impact fee funds must be expended or appropriated within ten years of receiving them. T hey cannot be used for existing deficiencies. Mitigation fees are based on a voluntary agreement with a developer and are of ten an outcome of the S E PA process and must be spent within five years. There was brief discussion related to impacts directly related to growth and use of park impact fees. There was also discussion regarding safety improvements to City parks. I V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS Councilmember B ob B aggett, vice chair of the Municipal Service Special F ocus A rea, presided over the meeting during discussion of the S pecial F ocus A rea items. A .P ioneer Cemetery Master P lan (20 Minutes) (F aber) Discussion of the P ioneer C emetery Master P lan was conducted immediately following I tem I I I .A, Residential/Commercial Development Overview. P arks, A rts and Recreation Director F aber, Museum Director P atricia Cosgrove, and Bob Hoshide of Hoshide Wanzer A rchitects presented the P ioneer Cemetery Master P lan. The C ity of A uburn entered into a contract with Hoshide Wanzer A rchitects to develop the A uburn P ioneer C emetery Master P lan. Funding for the plan was through an appropriation f rom King County to 4 Culture and the City of Auburn. Components of the plan include: inventory of existing conditions, care of grave and markers, assessment of available plots, concept plan, and preliminary cost estimate of possible improvements. Museum D irector Cosgrove reported the cemetery became C ity-owned in 1962. T he cemetery is located at A uburn Way North and 8th S treet NE. The cemetery was nominated as a city landmark through a King County interlocal agreement. As a designated landmark, the cemetery is eligible for preservation grants. Mr. Hoshide of Hoshide Wanzer Architects reviewed the components of the study/plan and the recommendations for achieving the goals for the preservation of the cemetery. Members of the steering committee, Charles Natsuhara, representing the W hite R iver B uddhist Temple, and Calvin Terrada, representing the S eattle Buddhist Temple, were present and spoke about the condition of Page 4 of 6Page 9 of 94 the cemetery and the need to preserve the existing historical markers. Director F aber stated the projected budget f or improvements to the cemetery is $156,000 and includes hardscape and parking, interpretive signs and gathering area, preservation of historic markers, and landscape improvements. Sources of outside support include: individual gifts from families and Buddhist community members, 4 Culture P reservation P rogram, Washington State Cemetery P reservation P rogram, and Washington Trust for Historic P reservation. A t 6:56 p.m. D eputy Mayor Wales recessed the meeting for approximately nine minutes. T he meeting was reconvened at 7:06 p.m. B .District Court B riefing F ollow-up (15 Minutes) (Roscoe) Human Resources and Risk Management Director Roscoe updated the Council on the D istrict C ourt B riefing. He reported King C ounty is primarily focused on establishing community courts. K ing C ounty offers veterans court every T hursday in S eattle. T he C ounty is not interested in expanding veterans court to the regional locations. C.P olice Calls for Mental Health I ssues (10 Minutes) (L ee) Update on police calls for mental health issues. This item was postponed until the October 23, 2017 Municipal S ervices S pecial F ocus Area meeting. D.S hopping Cart P rocess and Ordinance Review (15 Minutes) (S nyder) This item was postponed until the October 23, 2017 Municipal S ervices S pecial F ocus Area meeting. V.O T HE R D I S C US S I O N I T E MS There was no other discussion. V I .NE W B US I NE S S There was no new business. V I I .MAT R I X A .Matrix The items postponed from this meeting (Police Calls for Mental Health I ssues and Shopping Cart P rocess and Ordinance Review) will be scheduled for the O ctober 23, 2017 Municipal Services S pecial F ocus A rea S tudy S ession meeting. V I I I .A D J O UR NME NT There being no further discussion, the meeting adjourned at 8:05 p.m. A P P R O V E D this _____ day of _________________, 2017 Page 5 of 6Page 10 of 94 ____________________________ ____________________________ B I L L P E L O Z A , D E P UT Y MAYO R S hawn 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 11 of 94 City Council Study Session HHS S FA September 11, 2017 - 5:30 P M Council Chambers - City Hall MINUT E S 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 Deputy Mayor L argo Wales called the meeting to order at 5:30 p.m. in the Council Chambers of A uburn City Hall located at 25 West Main S treet, Auburn. A .Roll Call Councilmembers present: D eputy Mayor L argo Wales, B ob Baggett, Claude DaC orsi, J ohn Holman, B ill Peloza, Yolanda Trout-Manuel, and Rich Wagner. Mayor Nancy Backus and the following department directors and staff members were present: City Attorney Daniel B. Heid, P olice Chief Bob L ee, Assistant Director of E ngineering Services/C ity E ngineer I ngrid Gaub, I nnovation and Technology Director Paul Haugan, Environmental S ervices Manager J enna L eonard, Director of A dministration Dana Hinman, and City Clerk Danielle Daskam. 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 A .A uburn B oeing Fabrication Site Remedial I nvestigation Report - Annual B riefing by Department of Ecology (30 Minutes) Neal Hines, P.E ., Ph.D., Site Manager, f or the Washington S tate Department of E cology, provided the C ity Council with a brief update on the B oeing Auburn F abrication Site I nvestigation. Mr. Hines reviewed the timeline for cleanup investigation. The Remedial I nvestigation R eport is complete and has been out for public comment. Mr. Hines provided a brief review of the project background and what is known about drinking water, surface water, groundwater as well as indoor air quality. I n parts of A uburn and Algona, groundwater is contaminated with a degreaser called trichloroethene (T C E) and its breakdown products. I t is believed that the contaminants originated f rom the B oeing A uburn plant. T he contaminated groundwater (plume) f lows north and northwest away from the B oeing property into portions of southwest A uburn and northeast A lgona. T he chemicals f ound are at low levels that are not expected to pose a risk to human health and the environment. Page 1 of 6Page 12 of 94 The Remedial I nvestigation Report contains the boundaries of the contaminated groundwater; the locations, concentrations, and depths of chemicals and breakdown products in soil, groundwater, surface water and air; an evaluation of the potential pathways for human exposure to the chemicals; and a detailed description of the areas of potential impacts. Thea L evkovitz, Corrective Action Outreach Specialist for the Washington S tate Department of E cology, spoke about the public comment period and public meetings held during the public comment period. She reported very few technical comments were received. Mr. Hines reported the surface water has not been a health concern. T he City's drinking water wells are not at risk, and the chemicals are not detected in the wells. Mr. Hines stated that the primary concern is in the City of A lgona. Mr. Hines stated residential home air testing was conducted in A lgona. There were some detections, but there was no health risk. T he highest level of T C E vapors in homes was 1.1 micrograms per cubic meter of air. T he level for concern is 2 micrograms per cubic meter of air. Also, testing was not conclusive on whether the detections came from groundwater contamination. Mr. Hines reported the cleanup for surface water will be more stringent than the drinking water standard. Mr. Hines also described the process for decontaminating groundwater. Mr. Hines reported the next step is the F easibility Study which will identify solutions for cleanup of the affected areas, the cost, the likelihood of success and permanent remedy, timeline for implementation, and cleanup levels for any areas where concentrations are elevated. B .Ray of Hope Resource Center Update (10 Minutes) Director of A dministration Hinman introduced D ebby Christian, Director of the Auburn Food B ank, and L orieAnn L arson, Director of Housing for Valley Cities Behavioral Health, who were in attendance to update the Council on the Ray of Hope Resource Center. Ms. C hristian reported Ray of Hope opened a couple weeks ago. T he operating hours are Monday through F riday, 10:00 a.m. to 3:30 p.m. T he center has been fully occupied. Ms. C hristian also spoke brief ly about the types of services the center can provide. R ay of Hope provides services for: laundry, showering, phone charging, assistance with obtaining proper identification, lunch, work assistance, a safe location, and assistance with any barriers that keep the client from moving into the next phase of their life. Ms. L arson spoke about assisting clients with getting proper identification Page 2 of 6Page 13 of 94 which is needed for the client to obtain permanent housing. Ray of Hope will be partnering with Catholic Community Services for the night time shelter. 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 No. 5297 (10 Minutes) (S nyder) A Resolution that authorizes the Mayor to execute a flood protection easement for properties owned by the City of Auburn that will provide access to King County for maintenance and construction of flood protection facilities along the W hite River E nvironmental Services Manager J enna L eonard presented Resolution No. 5297, which provides for a flood protection easement on property purchased by the City along the W hite River. The City purchased 41.5 acres of property from Puget S ound E nergy along the W hite R iver (Resolution No. 5160) f or flood protection. T he property acquisition was f unded through a King C ounty Flood Control District Sub-Regional Opportunity F und. C ounty funding paid for the property and all real estate transaction costs. A s a condition of the County’s funding, the F lood Control District requires a f lood protection easement on the 41.5 acres. The easement would allow for the following: (1) accessing and constructing, inspecting, monitoring, reconstructing, maintaining and repairing river bank protection, levees and/or other flood related works; (2) constructing, reconstructing, repairing, maintaining, locating and relocating utilities and stormwater f acilities or improvements; and (3) constructing, reconstructing, repairing, maintaining, locating and relocation of trail improvements. B .A irport J et A F uel P roposal (10 Minutes) (S nyder) Using a P owerP oint presentation, A ssistant D irector of Engineering S ervices/City Engineer I ngrid Gaub and J amelle Garcia of Aviation Management Group presented the Council with a proposal for supplying J et A F uel to airport customers. The Airport Advisory Board has been discussing options for providing J et A F uel, as it is anticipated that the demand f or J et A F uel will increase after the completion of the runway enhancements that are currently under design and anticipated to be constructed in 2018 and 2019. T he Capital Facilities P lan includes the improvement of a permanent J et A F uel tank af ter the completion of the runway. T here is currently one tenant at the airport that has a need to provide J et A Fuel to their customers. The Airport Advisory Board recommended a private partnership for the temporary provision of J et A F uel. T he private partnership will have no impact on the Airport Budget, provides for current customer needs with minimal investment, and allows the A irport to be responsive to potential Page 3 of 6Page 14 of 94 increasing demands for J et A fuel with little financial risk. Director Gaub spoke about containment and spill response requirements. A more permanent solution for providing J et A F uel will be discussed after 2019 and after completion of the runway enhancements and after completion of the airport facilities assessment. Director Gaub stated an operating agreement f or the private partnership will be developed for Council’s consideration at a future meeting. I V.HE A LT H A ND HUMA N S E RV I C E S D I S C US S I O N I T E MS Deputy Mayor Wales recessed the meeting at 6:43 p.m. f or a brief intermission. The meeting reconvened at 6:50 p.m. Councilmember Trout-Manuel, chair of the Health and Human Services Special Focus A rea, presided over the meeting during discussion of the Special F ocus A rea items. A .P roposed K ing County Modular Housing Project (Hinman)(15 Minutes) B ailey S tober, Director of C ommunity and E xternal Relations for the K ing County A ssessor’s Office, E d Walker, Policy Director f or the K ing County A ssessor’s Office, and L orieAnn L arson, Director of Housing for Valley Cities B ehavioral Health Care, spoke regarding the potential for siting a micro housing project in A uburn. Mr. Stober spoke about how the assessor’s office, using their parcel database, identified over 500 properties county-wide that are publicly owned and over 40,000 square f eet in area, that are vacant or under- utilized, and within 200 f eet of public transportation that could be used for public housing. A f easibility study is underway f or potential placement of between six and 15 modular housing units, approximately 200 square feet each, on available land controlled by Valley C ities, adjacent to the P hoenix Rising facility. The K ing C ounty Assessor’s Of f ice has identified a vendor f or the micro housing called Blokable Modular Housing constructed in Vancouver, Washington. Approximately $3 million has been earmarked in the S tate capital budget. T he project is looking for operating funds at this time. Mr. S tober stated a tour of the B lokable manuf acturing f acility is available for county and city officials. T he number of units f or the site will depend upon the zoning. T he developers’ team is working with the Valley Cities’ architect to develop the site layout, with costing for current zoning at eight units. A zoning modification could increase the number of units to 13. Valley Cities will gather quotes for site work and installation. T he City could assist in streamlining permits, zoning changes, and other approvals Page 4 of 6Page 15 of 94 as needed. Ms. L arson spoke about the need and the desirability of the Blokable units. Ms. L arson stated the housing could be used f or transitional housing, permanent housing, or voucher housing. T he housing is also movable and can be stacked. Deputy Mayor Wales spoke in favor of increasing the number of units. S he expressed concern regarding the location of the project. There was a brief discussion regarding operating costs. Mr. Walker stated the developers are still working on developing the numbers as it is dependent on the configuration and types of services provided. B .Human Services F unding Parameters(Hinman) Director of A dministration Hinman pointed out the materials in the Council agenda packet, which include the focus areas for human services funding. The current areas of focus are: poverty reduction, child abuse and neglect prevention, domestic violence prevention, and sexual assault and health care services. P roposed new areas of focus include: diversion, including rental assistance, arears and eviction prevention support; f ood, including emergency f ood, f ood delivery and meals; healthcare, including special needs, dental, vision and mental health. A new tiered system has been discussed to better support providers in A uburn and include: capital projects, direct services and Community Development B lock Grants. Deputy Mayor Wales spoke regarding each of the human services focus areas. Councilmember Trout-Manuel suggested setting aside some of the human services funding for emergencies or a specific project. Deputy Mayor Wales recommended Councilmembers consider the proposed funding parameters while she and C ouncilmember Trout-Manuel continue to meet with Director Hinman in preparation f or year after next funding. V.O T HE R D I S C US S I O N I T E MS There was no other discussion. V I .NE W B US I NE S S Councilmember Holman noted that Mr. Mel Sinex’s grandaughter is an immigration attorney and would be willing to discuss immigration issues with Council at a Health and Human S ervices S pecial F ocus Area study session. V I I .MAT R I X Page 5 of 6Page 16 of 94 The matrix was not discussed. V I I I .A D J O UR NME NT There being no further discussion, the meeting adjourned at 8:07 p.m. A P P R O V E D this _____ day of _________________, 2019. ____________________________ ________________________ B I L L P E L O Z A , D E P UT Y 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 17 of 94 City Council Study Session Finance - Econ Dev S FA September 25, 2017 - 5:30 P M Council Chambers - City Hall MINUT E S 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 Deputy Mayor L argo Wales called the meeting to order at 5:30 p.m. in the Council Chambers of A uburn City Hall located at 25 West Main S treet, Auburn. A .Roll Call Councilmembers present: Deputy Mayor L argo Wales, B ob Baggett, J ohn Holman, B ill P eloza, Yolanda Trout-Manuel, and Rich Wagner. Councilmember Claude DaCorsi was excused. Mayor Nancy Backus and the following department directors and staff members were present: City Attorney Daniel B. Heid, P olice Chief Bob L ee, F inance Director Shelley C oleman, Community D evelopment and P ublic Works Director K evin S nyder, A ssistant Director of Community Development Services J eff Tate, I nnovation and Technology Director Paul Haugan, A ssistant D irector of E ngineering Services/C ity Engineer I ngrid Gaub, and Deputy City Clerk Shawn Campbell. 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 There was no announcement, report or presentation. 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 .Ordinance No. 6660 (10 Minutes)(S nyder) A rea wide rezone that changes the E nvironmental Park, E P Zoning Designation to the M-1 Zoning Designation A ssistant Director of Community Development Services Tate presented Ordinance No. 6660 that would approve an areawide rezone for properties zoned E nvironmental P ark (E P ) to L ight I ndustrial. T here are approximately 270 acres of land currently zoned E P, and of that, approximately 112 acres include the A uburn E nvironmental Park (A E P). A ssistant Director Tate reported that in March 2014, several interested parties (landowners, realtors, and an attorney) provided a presentation to the C ity C ouncil’s Planning and Community D evelopment Committee urging the City to revisit the viability of the E P zone. Page 1 of 5Page 18 of 94 I n D ecember 2015, the C ity Council adopted its new Comprehensive P lan, which eliminated the E P zone as one of the implementing zoning designations with the L ight I ndustrial land use classification. B ecause the E P zone is no longer listed as an implementing zone within the Comprehensive Plan, the zone is inconsistent with the Plan and most existing land uses, developments, and businesses located within the E P zone do not conform to the criteria and list of allowed uses within the E P zone. The portion of the E P zone that is comprised of the A E P is not proposed to be rezoned to M-1, since the 2015 Comprehensive P lan changed the area to the Open S pace land use designation. A separate ordinance will be presented to Council to change the zoning of the A E P f rom E P to an Open Space zoning designation. The P lanning C ommission held a public hearing on proposed Ordinance No. 6660 and subsequently forwarded its recommendation to the City Council to adopt the ordinance. T he purpose of the ordinance is to make the C ity’s zoning code and zoning map consistent with the City’s current Comprehensive P lan. There was considerable discussion regarding the history of the E P zone, the conf usion it created f or staf f and developers and property owners, and the original intent of the E P zone. Councilmember Wagner stated the C ity failed to provide sufficient incentives f or environmentally friendly development in the E P zone. Councilmember Wagner urged a delay in the rezone and develop incentives for development in the E P zone. Director S nyder offered two possible options to the Council to move the ordinance forward: adopt the ordinance implementing the M1 zone with inclusion of a work plan for incentives for development of the entire area or moving f orward with the rezone of the M-1 on the south side of Main Street and retain the E P zone on the north side. Councilmembers requested the subject come back at the next study session. I 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 Councilmember Bob Baggett, chair of the F inance and E conomic Development S pecial Focus Area, presided over the meeting during discussion of the Special Focus A rea items. A .Mid Term Correction (15 Minutes)(Coleman) B udget A mendment #4 (Mid-Biennium Correction) Finance Director Coleman presented the fourth budget amendment for the 2017-2018 biennium and the first budget amendment for 2018. Page 2 of 5Page 19 of 94 The purpose of the amendment is to: 1) amend the 2018 B udget for changes that occurred in 2017 for which there is an ongoing fiscal impact; 2) to carry f orward capital project budgets that are not anticipated to be completed in 2017; and 3) to establish budget spending authority f or new programs and other expected changes in 2018. Director C oleman reviewed the carry forwards to adjust the 2018 ending fund balance to reflect approved 2017 budget amendments. Director Coleman reviewed amendments to the G eneral F und, including the carry forwards, increases to revenues, impacts f rom 2017 budget amendments, and new funding requests. General F und new funding requests include homeless shelter costs, business incubator program, a new position of Economic Development Coordinator, the automatic vehicle location for P olice vehicles, an increase in K ing C ounty District C ourt costs, and restoration of funding for the Vegetation Field S upervisor. Councilmember P eloza requested the addition of D istrict Court C osts for the next Municipal Services Special Focus A rea S tudy S ession. Director C oleman reviewed the carry forwards and new funding requests for the A rterial S treet Fund, L ocal S treet Fund, A rterial S treet P reservation Fund, Mitigation F ees Fund, Parks Construction F und, Capital I mprovements F und, L ocal Revitalization Fund, Water F und, S ewer Fund, S torm Drainage F und, Solid Waste Fund, Airport F und, Cemetery Fund, capital funds, I nnovation and Technology F und, Equipment Rental, Cemetery Endowment F und, and F ire P ension F und. Director C oleman reviewed f unding f or Street Preservation Reserve F und I nitial Reserves, which are projects funded by R E E T funds f or 2017 and 2018. T he $20 C ar Tab F ee ad hoc committee recommendation is to postpone these projects and reallocate the funding to a fund for streets. There is an additional fund balance of $1.3 million that would be added to the f unding. T he projects to be funded include: West Valley Highway paving (S R 518 and Peasley Canyon R oad); arterial street preservation program projects, and funding for South 277th S treet Pavement P reservation. The funding would be allocated to F und 106, Street P reservation Reserve Fund, which would be created by ordinance. Councilmember Baggett said the parameters for the fund are that the funds could only be used for preservation, unless there is an emergency, and then the Council would want to have control on how those funds are spent. Also, $500,000 would be added to the fund annually. Councilmember Wagner expressed concern with the cuts proposed to Maintenance and O perations projects. D irector Snyder added the Page 3 of 5Page 20 of 94 elimination of the projects is impactful, but staf f will be resourceful and some of the projects will still be needed in the future. Councilmember Wagner recommended the Council retain the Maintenance and Operation Master P lan project funding. Mayor B ackus added that some of the projects that are eliminated from R E E T funding will be accomplished by utilizing other funding sources. A t 7:54 p.m. the meeting recessed for approximately 10 minutes for a brief intermission. The meeting reconvened at 8:02 p.m. B .P roperty Tax L evy (10 Minutes)(Coleman) Finance Director Coleman briefly spoke regarding 2018 revenues. S he stated a public hearing will be called in October on the property tax levy. T he proposed levy f or 2018 is estimated at $21,501,525. T he levy rate per $1,000 assessed value will drop to approximately $2.0928. Director Coleman brief ly reviewed General F und revenue adjustments for 2018. T he adjusted revenues for the General Fund will be $66.9 million. Director Coleman reviewed the revenue sources and the consolidated budget amendments and funding requests. V.O T HE R D I S C US S I O N I T E MS There was no other discussion. V I .NE W B US I NE S S There was no new business. V I I .MAT R I X A .Matrix The following items were added to the matrix: A uburn Avenue Theater on October 23 Community Block Grant Matching F unds on November 13 Council Budget P riorities on October 23 Traffic Calming on December 11 Three Year Review of Court Costs on October 23 The item listed as “P roperty at 104th” should also include plans for Green River P ark. V I I I .A D J O UR NME NT There being no further discussion, the meeting adjourned at 8:15 p.m. A P P R O V E D this _____ day of _________________, 2019. Page 4 of 5Page 21 of 94 ____________________________ ____________________________ B I L L P E L O Z A , D E P UT Y MAYO R S hawn 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 5 of 5Page 22 of 94 City Council Study Session P W C D S FA October 9, 2017 - 5:30 P M Council Chambers - City Hall MINUT E S Watch the meeting L IV E! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R Deputy Mayor L argo Wales called the meeting to order at 5:30 p.m. in the Council Chambers of A uburn City Hall located at 25 West Main S treet, Auburn. A .Roll Call Councilmembers present: D eputy Mayor L argo Wales, B ob Baggett, Claude D aCorsi, J ohn Holman, B ill Peloza, and Yolanda Trout-Manuel. Councilmember Rich Wagner arrived at 5:31 p.m. Mayor Nancy Backus and the following department directors and staff members were present: C ity A ttorney D aniel B . Heid, Police Commander S teve Stocker, C ommunity D evelopment and Public Works D irector Kevin S nyder, A ssistant D irector of E ngineering S ervices/City Engineer I ngrid Gaub, I nnovation and Technology D irector Paul Haugan, Assistant Director of Community D evelopment Services J eff Tate, Human Resources and Risk Management Director Rob Roscoe, Environmental S ervices S pecialist Maggie Gipson, Economic D evelopment Manager Doug L ein, Capital Projects Manager R yan Vondrak, A ssistant D irector of I nnovation and Technology A shley R iggs, G I S S pecialist A lice P ence, and City Clerk Danielle Daskam. 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 Councilmember Holman announced today is C olumbus Day, which is a federal holiday, but not a state holiday. He also noted that I ndigenous P eoples Day was celebrated at the state capitol in Olympia today. Councilmember Holman acknowledged the contributions of I talian A mericans to the quality of life in the city of A uburn. 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 .Ordinance No. 6658 - Modifying the B usiness I mprovement Area Governing P rovisions (Hinman) A n Ordinance of the City Council of the City of A uburn, Washington, creating a new chapters of the A uburn City Code related to the Auburn Business I mprovement A rea E conomic D evelopment Manager Doug L ein presented Ordinance No. 6658 related to the B usiness I mprovement A rea (B I A ). Also in Page 1 of 7Page 23 of 94 attendance were members of the B I A Committee of Ratepayers Giovanni DiQuattro, Ronnie Roberts, L aura Theimer, and B ob Klontz. Manager L ein stated the B I A was originally established in 1988 by Ordinance No. 4293. The B I A ordinance was amended in 2007. T he current C ommittee of R atepayers has worked diligently to update the B I A ordinance with the following changes: creates a new chapter in Title 2 of the city code, and modifies exemptions to the special assessment. T he range of f ees is dependent on the range on square footage of retail space. Two exemptions were maintained for government and 501(C)(3) nonprofits with f ive or less f ull-time employees. T he ordinance retains the B I A boundary and fees. 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 Councilmember Rich Wagner, chair of the P ublic Works and Community Development S pecial F ocus A rea, presided over the meeting during discussion of the Special Focus A rea items. A .S ound Transit A uburn S tation Access I mprovement Project Update (30 Minute P resentation) Community D evelopment and P ublic Works Director S nyder introduced Chelsea L evy, Government and C ommunity R elations Officer for Sound Transit, and Sandra F ann, P roject E ngineer for S ound Transit. I n early 2017, S ound Transit initiated the alternative development and screening phase f or the Auburn S tation Access I mprovements Project, which will construct a second parking garage and install non-motorized improvements in and around downtown. T hroughout 2017, Sound Transit has worked with the City’s Transportation A dvisory Board, residents, citizens and businesses to identif y potential parking garage sites and options f or non-motorized improvements. T he last presentation to Council was on August 14, 2017. Ms. L evy reported that Sound Transit would like to designate a preferred parking garage site by the end of November. She stated that Sound Transit is looking for the City of A uburn to designate a recommended site. Ms. Fann reviewed the project timeline, which anticipates the parking garage will be open in 2023. Ms. F ann also recapped the goals and objectives: improve access to transit at the station, advance environmental sustainability goals of Sound Transit and the community, implementation of improvements in a timely manner, and support regional and community goals. Ms. F ann reviewed the f our sites recommended f or further analysis and the rating criteria. S ite 1 provides approximately 545 net sites. Key considerations include Page 2 of 7Page 24 of 94 reasonable access for cars and passengers, higher potential for traffic congestion, and property development rights and constraints that may impact cost. S ite 2 provides approximately 580 net sites. Key considerations include reasonable access for cars and passengers, lower potential for traffic congestion, and property acquisition, site constraints, business relocation, and pedestrian bridge that will influence cost. S ite 3 provides approximately 525 net sites. K ey considerations f or this site include: easiest access f or passengers and cars, lower potential for traffic congestion, and an extremely constrained site that requires more garage structure per stall. S ite 4 provides approximately 550 net sites. Key considerations include: could be connected to existing garage for easy access f or passengers, reasonable access for cars, higher potential for traffic congestion, and property acquisition and site constraints will influence cost. I n response to question from Councilmember Peloza, Ms. L evy stated a significant amount of parking will be added to the Sound Transit line over the next few years, but adequate parking will never be possible. Therefore, it is important to make the access improvements and non- motorized improvements. Ms. F ann reviewed the potential priority for non-motorized improvements. The estimated cost for the highest priority improvements is $0.9 million. Ms. L evy reviewed the public outreach summary, particularly the open house held on S eptember 19, 2017. Ms. L evy reported that Sound Transit officials met with the A uburn Transportation A dvisory B oard on S eptember 27, 2017. A ssistant Director Gaub reported that the Transportation A dvisory Board meeting on S eptember 27, 2017 did not have a quorum of its 15 members. Of the members and audience present, there was support for: maximizing the amount of parking f or the chosen site and minimizing traffic impacts including ingress/egress of the garage. T here was a lack of support f or Site 3 (existing Sound Transit surf ace lot west of the station) and S ite 4 (the union hall south of the station). Councilmember Wagner recommended S ound Transit look at alternative proposals and requested language in the recommending resolution. The matter will be considered at the October 16, 2017 Council meeting. A t 6:54 p.m., Councilmember Wagner recessed the meeting for a 10-minute intermission. T he meeting reconvened at 6:54 p.m. B .I T Update on Emerging Technologies (Haugan) (10 Minutes) Page 3 of 7Page 25 of 94 A ssistant D irector of I nnovation and Technology Ashley Riggs, provided information on emerging technologies via three videos and a live demonstration. The three short videos were all recorded with the use of the City’s drone program. T he first video was of the Auburn Golf Course, and will be used for marketing and on the golf course web site. T he second video was a 3D model of downtown. The third video displayed use of aerial imaging and elevation data to create a model. A ssistant Director R iggs also demonstrated a virtual G I S system that allows one to view underground assets, such as utility lines, and their attributes. C.Capital P roject S tatus Report (Snyder) (10 Minutes) A ssistant Director of Engineering S ervices/City E ngineer Gaub and Capital Projects Manager Vondrak presented the Capital Projects Status Report. T he capital project group is currently managing 33 active projects with a total cost of $54 million. Of these projects, 11 are in the design phase and 21 are under construction. Councilmembers reviewed the status report and briefly discussed the following projects: P roject C222A , 277th – A uburn Way North to Green River Bridge; C P 1218, A uburn Way S outh Corridor S af ety; C P 1507, A uburn Way North P avement Preservation; P roject C P 1107, F ulmer Wellfield I mprovement Project; P roject C P1513, 22nd S treet NE and I S treet NE I ntersection I mprovements; Project C P 1511, M S treet S E I mprovements; P roject C P 0767, Mohawk P lastic Wetland Mitigation Monitoring; P roject C P 1520, B Street NW R econstruction; P roject C P1701, A uburn Way S outh D ynamic Message Sign; P roject C P 1317, Water Meter and B illing S ystem I mprovements; and Project C P1416, F S treet S E Non-motorized I mprovements. D.Customer Service Dilemmas - Session 1 (S nyder) (10 Minutes) A ssistant Director of C ommunity Development Services Tate reviewed two customer service dilemmas that are typical f or his staff. Assistant Director Tate stated the discussion this evening is a continuation of the study session discussion held on August 28, 2017, which included an overview of the various types of development activities conducted by staff. He stated the customer service dilemmas challenge the C ity in its attempts to balance the interests of various customers and their competing needs. The first scenario was a request from an applicant for expedited permit approval where project financing is dependent upon permit approval. A ssistant Director Tate outlined the considerations in the scenario and different approaches to assist the customer. Page 4 of 7Page 26 of 94 The second real-lif e scenario was a request f rom an architect to approve plans f or a warehouse in a C-3 zone, where the owner has already spent $30,000 in building and site design work, and an occupant f or the building. However, warehouses are not allowed in the C-3 zone. Director Tate questioned whether C ity staf f should be able to f lex to f ind a way to approve the plans in order to satisf y the customer so that the City does not appear unfriendly to development. E .Ordinance No. 6660 - E P to M-1 A rea-wide Rezone (Snyder) (10 Minutes) A ssistant Director of Community Development Services Tate presented Ordinance No. 6660, which was discussed at the September 25, 2017 study session and provides for an area wide rezone from Environmental P ark (E P ) zone to M-1, L ight I ndustrial. A ssistant Director Tate explained when Council adopted the 2015 Comprehensive Plan amendments (Ordinance No. 6584) the E P zone was eliminated as a zoning designation. T he elimination of the E P designation in the Comprehensive P lan resulted in an inconsistency with the zoning regulations, and it is important to eliminate the inconsistency. A ssistant Director Tate reviewed principles and considerations. L and use policy decision should be based on: awareness of market forces, balancing both the public and the private short-term and long-term needs and interests, maximizing the public’s return on investment on land uses, and the original concept of the E P zone envisioned the development and use of incentives to help lure green industry. A ssistant D irector Tate noted properties zoned E P on the north side of Main S treet are primarily small parcels that are already developed with a mix of light manufacturing uses and single-f amily homes. E P zoned lands located on the south side of Main Street consist of larger parcels with nearly no existing residential uses. For those parcels that are already developed, all of them are non-conforming. A ssistant Director Tate reviewed the P lanning Commission’s recommendation relative to Ordinance No. 6660 and four possible motions for Council’s consideration. Motion 1 – adopt the Planning C ommission’s recommendation to adopt Ordinance No. 6660. Motion 2 - remand O rdinance No. 6660 back to the P lanning Commission for further consideration. Motion 3 – accept the Planning Commission’s recommendation to adopt Ordinance No. 6660 for only the geographic area defined as properties located south of Main Street and remand back to the P lanning Commission f or reconsideration the area defined as the properties north Page 5 of 7Page 27 of 94 of Main Street. Motion 4 – C ouncil scheduled its own public hearing on O rdinance No. 6660. Deputy Mayor Wales spoke in favor of moving on and changing the zoning by adopting Ordinance No. 6660. Councilmember Wagner spoke in favor of Motion 3. Councilmember P eloza spoke in f avor of remanding the ordinance back to the Planning Commission. Mayor Backus recommended adoption of Ordinance No. 6660 to eliminate the inconsistency between the Comprehensive P lan and the zoning code. V.O T HE R D I S C US S I O N I T E MS There was no other discussion. V I .NE W B US I NE S S There was no new business. V I I .MAT R I X A .Matrix Deputy Mayor Wales directed the Council’s attention to the matrix. Councilmember Wagner requested that the subject of traffic calming in residential neighborhoods be added to the general discussion items at the November 27th study session. Councilmember P eloza expressed concern about the inf requency of the special f ocus area meetings. He stated under the old system of Council committees, the committees were meeting on a monthly basis, and in the current system of special f ocus areas, he is unable to bring items forward in a quick manner. C ouncilmember Peloza complained that he recalled under the committee system that staff members were bringing more topics for discussion, while under the special focus area f ormat the chair and vice chair must come up with topics for discussion. D eputy Mayor Wales stated all special focus area chairs collaborate with staf f on the items to be brought forward. Deputy Mayor Wales suggested discussing the special f ocus areas scope of authority. Councilmember Peloza requested the item “police calls f or mental health issues” be added back on the October 23rd special focus area. Councilmember Baggett recommended moving “Council budget priorities” Page 6 of 7Page 28 of 94 to the November 27th special focus area. V I I I .A D J O UR NME NT There being no further discussion, the meeting adjourned at 9.03 p.m. A P P R O V E D this _____ day of _________________, 2019. _____________________________ _____________________ B I L L P E L O Z A , D E P UT Y MAYO R S hawn 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 7 of 7Page 29 of 94 City Council Study Session Muni Serv ices S FA October 23, 2017 - 5:30 A M Council Chambers - City Hall A GE NDA Watch the meeting v ideo Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R Deputy Mayor L argo Wales called the meeting to order at 5:30 p.m. in the Council Chambers of A uburn City Hall located at 25 West Main S treet, Auburn. A .Roll Call Councilmembers present: Deputy Mayor L argo Wales, B ob Baggett, Claude D aCorsi, J ohn Holman, Bill P eloza, Yolanda Trout-Manuel and Rich Wagner. Mayor Nancy Backus and the following department directors and staff members were present: City Attorney Daniel B. Heid, P olice Chief Bob L ee, A ssistant Chief of Police W illiam Pierson, Community Development and P ublic Works Director K evin S nyder, Assistant Director of E ngineering Services/C ity Engineer I ngrid Gaub, I nnovation and Technology D irector P aul Haugan, Human R esources and Risk Management D irector R ob Roscoe, Director of A dministration Dana Hinman, A ssistant D irector of P ublic Works Randy B ailey, Solid Waste and R ecycling Director J oan Nelson, Economic Development Manager Doug L ein, and Deputy City Clerk Shawn Campbell. 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 There was no announcement, report, or presentation. 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 No. 5320 (Faber) A n informational presentation from the A uburn S ymphony Orchestra regarding the 2016-2017 and 2017-2018 performing art seasons and inclusion of the 2018 draft contract related to operating support for the Auburn Symphony Orchestra Resolution No. 5320 authorizes an agreement between the City and the A uburn S ymphony Orchestra for tourism promotion services. P arks, Arts and Recreation D irector F aber presented R esolution No. 5320. Director F aber reported the City has supported the Symphony Orchestra f or the past several years to assist in promoting and marketing Page 1 of 10Page 30 of 94 A uburn as a destination for arts and events that in turn contribute to the economy of the C ity. Perf orming art programs serve a s an economic driver and the activities of the S ymphony Orchestra assist in attracting visitors to A uburn. I t is proposed that the City enter into a contract with the Symphony Orchestra for 2018 with specific scope of services for marketing, outreach and audience building, and organization ef f orts that assist in showcasing A uburn as a destination for arts and events. The amount of the contract is $75,000. A lso present were Nancy Colson, Member of the Board of Directors of the S ymphony Orchestra, and L ee Valenta, General Manager of the A uburn S ymphony Orchestra. Ms. Colson spoke about the mission of the symphony, public outreach, collaboration and partnerships such as with the Mary Olson F arm, and the ongoing search for a new conductor. Mr. Valenta spoke about programs geared for students and youth, including an education outreach program and discounted family tickets. Mr. Valenta also spoke regarding the search for a new conductor. There are three finalists at this time participating in the selection process. Councilmembers reviewed the orchestra’s latest annual report, fundraisers, and financial statement, while Ms. Colson and Mr. Valenta answered Council’s questions. B .L egislative Agenda for 2018 (Hinman) Director of Administration Hinman noted the 2017 L egislative A genda and the Sound Cities Association’s (S C A ) draf t 2018 L egislative agenda were distributed prior to the meeting. Director Hinman reviewed the 2017 L egislative Agenda and the S C A proposed legislative agenda. A lso, the Association of Washington Cities released their legislative priorities for 2018. Councilmember DaCorsi reported at the last AW C Board meeting approximately 20 subjects were discussed as possible legislative priorities. The subjects of housing conditions, mental health and social safety net programs, economic development, and preservation of state- shared revenues were elevated, but the remaining items will not be forgotten. Councilmember Wagner wants to look at ways to incentivize the United S tates P ost Office to construct a new post office in Auburn. Director Hinman noted the S C A has three priorities f or 2018: adjust the Page 2 of 10Page 31 of 94 property tax cap, invest in public health services, and address the housing and homelessness crisis. Councilmember Holman urged the Councilmembers to vote on the legislative priorities at the next regular meeting November 6th. Deputy Mayor Wales asked f or inf ormation on the cost of each legislative priority. S he stated she supports all of the issues but wants to know how the implementation funding will be generated. Mayor B ackus stated the property tax cap adjustment would allow local governments the option to replace the arbitrary annual one percent cap on property tax increase with a limit tied to inflation plus population growth. Councilmember Holman noted the S C A priorities are the same as 2017 but the verbiage is modified to make it a one-page document. Councilmember Wagner stated he believes there should be a priority for improvements to S tate Route 167. Councilmember Holman stated the property tax cap of one percent is an arbitrary f igure and does not keep up with inflation and the increasing labor costs and increase in City population. Councilmember DaCorsi urged the Council to speak with a unified voice when speaking to legislators regarding the City’s legislative priorities. Councilmember Peloza suggested a special study session on the S C A legislative priorities on November 6th at 3:00 p.m. so that Council will be able to support the S C A vote on legislative priorities. C.Frequency of S pecial F ocus Area Meetings Councilmember Peloza stated he brought up this subject at a previous study session. Mayor B ackus stated she heard f rom Councilmember Peloza his frustration in not having special focus area sessions as frequently as he desired. I n order to achieve more frequency of special f ocus area discussions, the C ouncil would have two special focus areas at each study session meeting in addition to the general study session. C hairs of the special f ocus areas would need to work together to prioritize items for discussion. Councilmember DaCorsi stated he does object to two special focus areas at each study session. He stated he wants to set priorities with staff. Deputy Mayor Wales stated the F inance special focus area and the Human S ervices special f ocus areas may not need to meet any sooner than already scheduled. Page 3 of 10Page 32 of 94 Councilmember Baggett cautioned that some items take considerable time and doubling up special focus areas may be burdensome. Councilmember Wagner suggested using the general discussion item or other business to bring items forward more often. Councilmembers discussed the pros and cons for each scenario. Councilmember D aCorsi suggested that the two chairs of the special focus areas for Finance and Human S ervices discuss how the doubling up of special focus area agendas would affect the study session and special focus area. Deputy Mayor Wales recommended further discussion at the next study session. D.Development I ncentives Deputy Mayor Wales directed the C ouncil’s attention to a memorandum prepared by C ommunity Development and P ublic Works D irector Kevin S nyder regarding development incentives. Director S nyder stated the agenda item was a late addition to the meeting agenda and staf f did not have adequate time to prepare any materials f or inclusion in the meeting packet or to prepare for any substantive discussion with the Council at the meeting. Director Snyder stated that his memo expresses his thoughts only; it does not ref lect the opinion of A dministration or any other departments or their directors. Director S nyder referred to the State Constitution limit, which prohibits the gift of public funds. He stated economic tools that may be available in other states, such as property tax forgiveness and direct payment of job training f unds to private companies, are not allowed in the S tate of Washington. Director S nyder provided consideration for economic development incentives: must account for market forces, must be rooted in reality, and are limited to service and financial. The City has previously enacted a number of regulatory and financial oriented development incentives including: 1) deferrals f or impact fees and system development charges; 2) multi-family property tax exemption in Downtown; 3) construction sales tax refund program; 4) Downtown S torefront F açade I mprovement P rogram; 5) Small Business Assistance P rogram (50% reduction in planning, building and engineering fees for qualifying projects); 6) preparation and implementation of a Downtown Plan and E I S ; 7) traffic impact fee waiver for the f our Downtown Catalyst blocks; and 8) reduction of parking requirements in the Downtown. Director Snyder also reviewed excerpts f rom an article published by the Page 4 of 10Page 33 of 94 Municipal R esearch and Services Center on Washington’s economic development incentive challenges. Director S nyder stated development incentives should be used strategically and carefully evaluated by the C ity relative to the return on investment and the impact to the community. He f urther stated that developers are attracted to a quality city with robust and well-maintained infrastructure, great schools, walkable neighborhoods and commercial areas, diverse retail and service businesses, safe neighborhoods and commercial areas, and strategic, focused and innovative leadership. Councilmember Holman stated many incentives can be non- f inancial in nature. T he City needs to look at the city code and see if modifications are needed to help development. Deputy Mayor Wales agreed that current city policies and regulations need to be reviewed as to their impact on development. Director Snyder stated city staf f have worked with the City Council and the P lanning Commission for the last several years to identify and update the City’s development regulations to address and resolve vagueness, inconsistencies and conflicting language as well as to respond to internal and external concerns related to standards and processes. Director S nyder cautioned that there must be a balance between the C ity’s vision as a community and the pursuit of regulatory relief. Councilmember Wagner stated he wants to f ocus on special zones rather than across the board relief from regulation. There was discussion regarding existing businesses who wish to remodel or expand and the regulation impacts to those businesses’ ef f orts; i.e. parking, sidewalks, floor area ratio, etc. T here was also discussion regarding waivers. Councilmember DaCorsi suggested the City Council provide incentives, such as shorter review time and expedited permitting, to small businesses who want to come to A uburn and open up as soon as possible so that they can be successful. A t 7:31 p.m., Deputy Mayor Wales recessed the meeting for ten minutes for a brief intermission. T he meeting reconvened at 7:42 p.m. I V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS Councilmember B ill Peloza, chair of the Municipal S ervices S pecial F ocus Area, presided over the meeting during discussion of the Special Focus A rea items. A .Dangerous Dog (L ee) Discussion on Dangerous Dog Ordinance. A ssistant Chief of P olice W illiam P ierson reviewed the D angerous Dog Page 5 of 10Page 34 of 94 ordinance, which was passed in 2004. A ssistant C hief P ierson reported the animal control services have grown over the years, and the City will have two animal control officers beginning in 2018 to meet the demand. A ssistant C hief P ierson reviewed the ordinance (Ordinance No. 5829) and the regulations applied to dangerous dogs and potentially dangerous dogs and the differences in the two designations. A ssistant Chief P ierson reviewed the application of the dangerous and potentially dangerous dog regulations and the rights and requirements of the owner. B .K ing County Draft 2019 Comprehensive Solid Waste Management Plan (Coleman) Finance D irector C oleman and Solid Waste and Recycling Supervisor J oan Nelson presented the King County D raf t 2019 C omprehensive Solid Waste Management Plan item. K ing C ounty is seeking comments from the S olid Waste Advisory C ommittee and the Metropolitan Solid Waste Management Plan before the draft plan is released to the public for comment. King County’s current plan was adopted in 2001, with updates in 2011 and 2013 (which were not adopted). K ing County will release the draft plan for public comment in December 2017 with an anticipated adoption in early 2019. The Plan goals include achieving zero waste of resources by 2030 and keeping tipping fees as low as reasonable. The proposed P lan incorporates the following updates and changes: Reevaluation of 2007 Transfer & Waste Management Plan Options to study resource recovery and changes to rate structure P ossible policy changes such as mandatory recycling and new C&D recycling and disposal policies Consideration of anaerobic digestion and advanced materials recovery Optimizing development of Cedar Hills L andfill Consideration of waste-to-energy and other alternative disposal technologies C.K ing County Court Update (Roscoe) Human R esources and Risk Management Director Rob Roscoe reviewed historical court costs comparing D istrict C ourt expenses to projected comparison of municipal court and probation expenses from 2014 – 2017. Director Roscoe also reviewed case filings from 2012 to 2017 (estimated). Page 6 of 10Page 35 of 94 Director R oscoe also included average daily population statistics f or the S C O R E jail from 2013 to 2018 (estimated). D.S hopping Cart Update (Snyder) A ssistant Director of Public Works R andy B ailey presented an update on shopping carts. Using a handout and P owerPoint presentation, A ssistant D irector Bailey reviewed the City’s shopping cart regulations. The handout included the A uburn City Code relating to shopping carts as well as the Revised Code of Washington and code from L ivermore, California and other cities relating to shopping carts. The City’s code provides the following: 1) A bandoned shopping carts constitute a public nuisance; 2) T he intent is to f acilitate the retrieval of abandoned shopping carts in a manner consistent with state law; and 3) The law applies to any business that provides shopping carts f or customer use. The code provides that abandonment is prohibited, and it shall be unlawful for any person to cause or permit any shopping cart to be abandoned upon any sidewalk, street or other public area, other than the premises of the owner of such shopping cart. The code also requires cart identification as follows: E very shopping cart owned or provided by any owner must have a sign permanently affixed to the shopping cart that contains all of the following information: a. I dentity of owner, business establishment or both. b. Notification to the public that the removal of the shopping cart f rom the premises is a violation of state law (R C W 9A.56.270), and notification to the public of the procedure to be utilized f or authorized removal of the cart from the premises. c. The address or phone number of the owner of the business establishment for shopping cart return. E nforcement is through civil action accordance with Chapter 1.25 A C C. A s an alternative to civil enforcement, abandoned shopping cats may be impounded. Any impounded shopping carts bearing the identif ication of ownership, the City will do the following: 1. Shall mail an invoice/notice of impoundment by certified mail. 2. Require payment of the administrative impoundment f ee of $30.00 per cart and a $70.00 disposal fee, per cart after 14 days. Councilmember Peloza stated the costs for enforcement was $8,000 annually, while the City was collecting $4,000 in fines. Page 7 of 10Page 36 of 94 Deputy Mayor Wales asked about a cart used by the homeless. Assistant Director Bailey stated that carts used by the homeless f or their personal belongings are not confiscated by the City. Councilmember P eloza asked whether staff could do a daily search of the downtown area for abandoned shopping carts. D eputy Mayor Wales stated it would not be the best use of P ublic Works staf f . D eputy Mayor Wales suggested the task be included in the next garbage contract. A ssistant D irector B ailey confirmed that staf f members, in their normal course of work, pick up carts and drop them back in the store parking lot. A ssistant Director B ailey reviewed shopping cart ordinances from around the country. He noted some cities require a shopping cart plan by those businesses who provide 25 or more shopping carts for customers’ use. The shopping cart plans must provide the f ollowing: identifying I nformation, number of carts and required identification on the carts, public notices and customer education/public outreach, employee training, signs on the property, loss prevention measures, and retrieval measures. T he shopping cart plan may be revoked if : a) a shopping cart has been found on public property on eight or more occasions within the past six-month period; b) the owner has failed to comply with a provision of the code/ordinance; c) the owner has knowingly made a false statement or fails to disclose relevant information in an application, an amendment or in a report to the city. A ny owner who f ails to submit a plan, implement the proposed plan or implement any required modifications to the plan as required and within the time f rames as specif ied in this chapter or a plan has been revoked, shall incur a penalty of $50.00 for each day of noncompliance. The City of Auburn is working on the following: collaboration with cart providers, create standards to reduce or eliminate cart abandonment, amend C ity code to provide clarity, avoid burdensome process f or the City and cart providers. S taff will continue to: meet with cart providers to gather ideas and feedback via phone and in person, collect feedback f rom other stakeholders (P olice, Code E nf orcement), and review other cities’ cart processes to find out what works and what doesn’t. A ssistant D irector Bailey stated he expects to bring a draft ordinance to Council in early 2018. E .2017 Draft I nterlocal A greement for S C AT B d (S nyder) A ssistant Director of Engineering Services/C ity E ngineer Gaub presented the 2017 Draft I nterlocal Agreement for the South King C ounty A rea Transportation B oard (S C AT Bd). T he B oard is comprised of elected Page 8 of 10Page 37 of 94 officials representing South King County jurisdictions for the purpose of information sharing, consensus building and coordinating to resolve transportation issues, identifying priorities, making recommendations, and promoting transportation plans and programs that benef it the S outh K ing County area. The current interlocal agreement expires D ecember 31, 2017. T he changes to the interlocal agreement provide clarif ying language as to the role of S C AT Bd and various entities’ voting rights. T he proposed interlocal will run through 2019 with the ability to extend through 2021. A resolution approving the interlocal agreement will be presented to Council before the end of the year. V.O T HE R D I S C US S I O N I T E MS Councilmember Wagner brought up an email from Orin Wells regarding the roundabout at 22nd and I S treet NE , and specifically costs and pedestrian safety. A ssistant Director of Engineering S ervices/C ity Engineer presented information from a Council presentation held November 28, 2016 on the roundabout at 22nd and I S treet NE. A ssistant Director Gaub reviewed the design of the roundabout. A ssistant Director Gaub stated studies have shown that roundabouts are safer than traditional stop sign or signal-controlled intersections. A study by the Federal Highway Administration and the I nsurance I nstitute f or Highway S afety that studied stop and traffic signal-controlled intersection that were converted to a roundabout. Overall, vehicle collisions are reduced by 37%, injury collisions are reduced by 75%, fatality collisions are reduced by 90% (may not apply to this project), and pedestrian collisions are reduced by 40%. Severity of an accident is also reduced due to slower traffic. A ssistant Director G aub pointed out that the roundabout described in Mr. Wells’ email is a two-lane roundabout on the east coast and at a major intersection on a state route. I t is not a good comparison to the single-lane roundabout at 22nd and I S treet NE. Councilmember Baggett expressed concern with any landscaping installed in the middle of a roundabout. The majority of funding for the project is from grants. T he breakdown of project funding is as follows: Funding includes: $1,140,000 in Grants $ 405,000 in Water F unds $ 29,890 in S ewer Funds Page 9 of 10Page 38 of 94 $ 315,000 in Street Funds V I .NE W B US I NE S S There was no new business. V I I .MAT R I X A .Matrix Deputy Mayor Wales directed the C ouncil’s attention to the matrix. T he Municipal S ervices S pecial F ocus Area item for shopping carts will be moved to March 2018. I tems relating to dangerous dogs and an update on K ing County District Court should be removed from the matrix. V I I I .A D J O UR NME NT There being no further discussion, the meeting adjourned at 9.29 p.m. A P P R O V E D this _____ day of _________________, 2019. _____________________________ ___________________________ B I L L P E L O Z A, D E P UT Y 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 10 of 10Page 39 of 94 City Council Study Session HHS S FA J anuary 22, 2018 - 5:30 P M Council Chambers - City Hall MINUT E S 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 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, J ohn Holman, Bill P eloza, Yolanda Trout-Manuel, L argo Wales, and Councilmember Claude DaCorsi was excused. Mayor Nancy Backus and the following department directors and staff members were present: City Attorney Dan Heid, Director of Community Development & Public Works Kevin S nyder, Director of Parks & Recreation Daryl F aber, Commander Mark Callier, Real P roperty Analyst J osh A rndt, E conomic Development Manager Doug L ein, Director of A dministration Dana Hinman, Human S ervices Manager J oy Scott, Human S ervices P rogram Coordinator Duanna Richards, Human Services P rogram Coordinator E mily P earson, Arts & Events Manager J ulie K rueger, Theater Operations Coordinator J im Kleinbeck, Senior P lanner Thaniel Gouk and Deputy City Clerk S hawn Campbell. 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 There was no announcement, report or presentation. 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 .J oint Meeting with Airport A dvisory Board (S nyder)(60 Minutes) Discussion of the Competitive Market Assessment and L ong term Rate Study Director Snyder introduced J amelle Garcia with the Aviation Management Group L L C, and Todd Chase and David Gordon with the F C S Group. Mr. Garcia introduced S perro Tang, Deanna Clark and J ohn Tyson with the A irport Advisory B oard and provided Council with an overview of the airport and discussed daily operations, federal funding via the Airport I mprovement P rogram (A I P ), airport categories, facilities and aircraft, and guidelines to receive FA A funds. Page 1 of 4Page 40 of 94 Mr. Chase discussed the project objectives including; keeping the airport as an asset to the City, looking at the long term strategic plan to come up with goals and ways to achieve the goals to ensure continued operation of the airport, project scope and timeline were also discussed with the focus on existing conditions/situational assessments, regional and global positioning, and feasibility assessment/action plan. Mr. Gordon reviewed the results of the survey that was provided to the B oardmembers and Councilmembers, approximately ten responses were received ranking the importance of what the A uburn Municipal Airport can do and how it can grow. B .Tourism Update (Hinman)(15 Minutes) Deputy Mayor Baggett called for a recess at 6:40 p.m. the meeting reconvened at 6:50 p.m. Manager L ein and Tourism B oardmember Rachel McAlister, Curator at the Museum and Rebecca F resh the Public Relations and S ocial Media Manager for Muckleshoot Casino provided Council with a Tourism B oard year end update and discussed the 2017 accomplishments, the new tourism website, the holiday digital campaign and the goals for 2018 including; creating an A uburn Tourism map and revamping the A uburn logo. C.Ordinance No. 6673 (Snyder)(5 Minutes) Hearing Examiner's recommendation to approve a request to rezone a 7,500 square foot parcel from R-7 Residential to D UC (Downtown Urban Center) P lanner Gouk discussed Ordinance No. 6673, requesting to rezone 307 "D" S t S E from a single family residential property into an architectural office. The Hearing E xaminer recommended approval with no conditions and verified that the applicant would be required to pay traffic impact fees. D.A uburn Avenue Theater Update (Faber)(20 Minutes) Director F aber, Manager K rueger and Theater Coordinator K leinbeck provided Council with the background of the Auburn Avenue Theater, explaining that the Theater lease will expire December 31, 2021, and discussed current operations including; youth theater, tribute shows, children's theater, and the A uburn community players. T hey reviewed expenses, revenues and current lease options. E .P roposed 2018 L egislative Priorities(Hinman)(15 Minutes Review of proposed 2018 federal and state legislative priorities Director Hinman reviewed the proposed 2018 legislative priorities including; streamlined sales tax, community priorities related to homelessness, opioid addiction and mental health. Nexus and YW C A will receive grant funds and the F ederal agenda to invest in local transportation and infrastructure programs. Page 2 of 4Page 41 of 94 I V.HE A LT H A ND HUMA N S E RV I C E S D I S C US S I O N I T E MS A .Report on 2017 Housing Repair (Hinman)(10 Minutes Review of 2017 Housing Repair P rojects Utilizing C D B G Grant F unds Councilmember Trout-Manual introduced Coordinator Richards, Coordinator Pearson and Manager Scott, who presented Council with the priorities for Human S ervices funding. Coordinator Richards discussed her roll in helping people in need in the City and reviewed the housing repair program which is funded by the Community Development B lock Grant, 72 households were helped in 2017 with the average grant being $6,200 and covered the requirements for assistance including; live inside A uburn city limits, owning the home needing repairs, have lived there at least one year and plan to stay at least one year after repairs are done, meet low to moderate income guidelines. Once an applicant is approved they can access funds for up to three years. B .Human Services F unding Priorities (Hinman)(10 Minutes) Discussion about possible changes to current funding priorities for City of A uburn General F und Human Services Grants Manager Scott and Coordinator P earson provided Council with information on Human Services funding priorities including; child abuse and neglect, domestic violence and sexual assault, healthcare and poverty reduction, they also looked at the regional trends in funding priorities of other cities, how A uburn responds to emergent issues in the community, and the upcoming funding cycle timeline. Council discussed the option of changing funding priorities for 2018 and putting homelessness first on the current list and was advised the new priorities would need to be provided by F ebruary 15, 2018. C.Human Services Grant Timeline (Hinman)(10 Minutes) Discussion regarding timeline of application process and funding recommendations for 2019-2020 Human S ervices Granting cycle Manager Scott and Coordinator P earson covered the Human Services Grant Timeline with Human Services funding priorities. D.P roposed Resolution to I ncrease the Human Services Committee Membership (Hinman)(5 Minutes) Discussion regarding increasing the Human Services Committee from 7 members to 9 Manager Scott advised Council that the Human S ervices Committee has requested to expand the membership to 9 members to help review applications and make recommendations. Council discussed getting a list of current members, how other cities allocate Human Services funds and moving forward with updating funding Page 3 of 4Page 42 of 94 priorities. V.O T HE R D I S C US S I O N I T E MS There was no other discussion. V I .NE W B US I NE S S Councilmember Trout-Manual stated she belongs to the A uburn Coalition for P revention and Wellness with the Auburn School District and would like them to come in to do a presentation for the City Council on February 29, 2018, she will contact them to confirm a date. Council requested an ordinance to discuss Human Services membership in F ebruary, a L ivable Cities update and adding the National L eague of Cities S ervice L ine P rogram to the March agenda. V I I .MAT R I X A .Matrix Council discussed the Matrix and no changes were made. V I I I .A D J O UR NME NT There being no further discussion, the meeting was adjourned at 8:56 p.m. A P P R O V E D this 22nd day of J anuary, 2019. _____________________________ ____________________________ B I L L P E L O Z A , D E P UT Y 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 4 of 4Page 43 of 94 City Council Study Session J anuary 29, 2018 - 5:30 P M City Hall Council Chambers MINUT E S Watch the meeting v ideo Meeting videos are not available until 72 hours after the meeting has concluded. 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 B ob Baggett, L arry B rown, J ohn Holman, Bill P eloza, and Yolanda Trout-Manuel. Councilmembers Claude DaCorsi and L argo Wales were excused. Mayor Nancy Backus was present, and the following department directors and staff members were in attendance: Director of Community Development and Public Works Kevin S nyder, Assistant Director of E ngineering Services I ngrid Gaub, P olice Commander Mike Hirman, I nnovation and Technology Director P aul Haugan, Director of A dministration Dana Hinman, City A ttorney Daniel B. Heid, and City Clerk Danielle Daskam. 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 A .A genda Modifications The following items were added to the agenda for Council discussion: Ordinance No. 6676 relating to the number of members on the Human S ervices Committee, Human Services F unding Priorities, and Consultant S ervices Agreements for L egislative Services. B .A uburn Community and Prevention Coalition (30 Minutes) A shley Boyd, the Prevention and Wellness I nitiative Coalition Coordinator for the A uburn S chool District and J onna Chissus, the Coalitions Chair and Operations Manager from the A uburn L ibrary provided Council with a brief history on how the Auburn Community and P revention Coalition was created and their mission statement. T he Coalition will focus on A uburn High S chool and Cascade Middle School. T he project is funded by the Department of S ocial and Health Services. They reviewed statistics of alcohol, marijuana and depression among middle and high school students. The project also funds a prevention and intervention specialist. Page 1 of 4Page 44 of 94 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 .Regional Transportation System I nitiative (RT S I ) B riefing (20 Minutes) (Snyder) A ssistant Director Gaub provided Council a revised agenda for the Regional Transportation S ystem I nitiative meeting in February of 2018. S he gave a brief overview of the transportation condition in the P uget S ound Region, transportation funding options and future transportation needs for the region. The regional discussion is in the early phases, The goal is to have all of the affected jurisdictions approach the legislature with one voice. Mayor Backus noted along with the transportation issues there is also an economic development issue. I f the goods cannot get from point a to point b reasonably the cost increases. A lso when the funds do become available there needs to be an adequate supply of skilled labor to complete the work. B .Ordinance No. 6676 - I ncreasing the number of members on he Human Services Committee Director Hinman presented Council with an ordinance that would to increase the Human Services Committee membership from seven to nine members. C.Human Services F unding Priorities Mayor Backus read from the J anuary 22, 2018 study session: "Human S ervices funds are one percent of the General Fund that go to the biennial competitive Human Services funding. Funds are awarded to programs of non-profit organizations; not the entire organization. The funds must benefit A uburn residents and align with the City's area of focus which include: poverty reduction, child abuse and neglect, domestic violence and sexual assault and health care." I f the Council would like to change the funding priorities for the current funding cycle the changes must be made by F ebruary 23, 2018. The funding priorities are currently: Child A buse and Neglect youth services special needs at-risk babies & children youth homeless shelter support quality child care access educational success family support programs Domestic Violence and S exual A ssault advocacy prevention Page 2 of 4Page 45 of 94 shelter counseling Healthcare medical dental mental wellness P overty Reduction housing food access job preparedness utility shut-off & eviction prevention civil legal aid refugee support Director Hinman requested council to clarify the requested changes to the funding priorities. Councilmembers expressed support for maintaining the four categories. D.Consultant Services A greements for L egislative S ervices Council reviewed annual report from W 2A and T hompson Consulting Group, the City's legislative consultants. Councilmember P eloza commented that the annual report does not cover deliverables in a form that reflects the funds brought to the City. Councilmember P eloza stated he would like to see the number of meetings they have advocated on behalf of Auburn. Director Hinman stated a more detailed report will be presented as part of contract renewal. I V.O T HE R D I S C US S I O N I T E MS A .S ervice L ine Warranty P rogram Councilmember P eloza requested that a presentation on S ervice L ine Warranty P rogram be added to the March 26, 2018 City Council S tudy S ession. T he vendor will be in attendance to brief the Council on the program. V.NE W B US I NE S S There was no new business. V I .MAT R I X There was no matrix to review. Page 3 of 4Page 46 of 94 V I I .A D J O UR NME NT There being no further business to come before the Council, the meeting adjourned at 6:49 p.m. A pproved this 22nd day of J anuary, 2019. ___________________________ _____________________________ B I L L P E L O Z A , D E P UT Y 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 4 of 4Page 47 of 94 City Council Study Session Finance - Econ Dev S FA December 10, 2018 - 5:30 P M Council Chambers - City Hall MINUT E S 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 Deputy Mayor Baggett called the meeting to order at 5:30 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street in A uburn. A .Roll Call Councilmembers present: Deputy Mayor Bob B aggett, L arry Brown, Claude DaCorsi, J ohn Holman, Bill P eloza. Yolanda Trout-Manuel and L argo Wales. Mayor Nancy Backus and the following department directors and staff members were present: City Attorney Steve Gross, Director of Finance S helley Coleman, Director of Community Development J eff Tate, Director of P ublic Works I ngrid Gaub, Police Commander David Colglazier, Patrol Officer April Steinman, Code Compliance Office Chris Barack, P lanner I I A lexandria Teague, Right-of-Way Specialist A mber Price, P lanning S ervices Manager J eff Dixon, A ssistant City A ttorney Doug Ruth and Deputy City Clerk Teresa Mattingly. 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 There was no announcement, report or presentation 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 .A nnexation of "I sland" areas P rovide a preliminary issues analysis regarding annexation of the Klump (north Auburn) and the Totem (south A uburn) island area. Areas identified for high-level analysis include key issues pertaining to: land use and addressing impacts; fiscal impacts; infrastructure impacts; and environmental impacts City Attorney Gross, Director Coleman, Director Guab, and Director Tate provided Council with a presentation on the annexation of the K lump and Totem "I sland" areas. City A ttorney Gross discussed the legal process for annexation, timelines, notices to property owners and applicable Counties and how property owners can petition for a referendum. Director Coleman covered the fiscal impacts to homeowners, and capital costs to improve the utility infrastructure with the annual L ocal Page 1 of 6Page 48 of 94 I mprovement District (L I D) cost of approximately $3,900 per parcel instead of $8,700 which was noted in error. Director Gaub and Director Tate covered road conditions, properties that would require address changes, the required changes to the F ederal E mergency Management A gency (F E MA) map and potential zoning changes. Council discussed that it would require 50% plus one property owner to vote down the annexation, other potential areas for annexation, the benefits to homeowners and the City, homeowners responsibility for their own water and sewer improvements, road conditions in the Klump and Totem areas, changes to police service, the annexation would give the City control of the Business & Occupation (B&O) tax and potential zoning changes. Councilmembers P eloza and Wales requested Director Coleman provide a list of advantages and disadvantages for annexation to the City for the "I sland" areas and potential annexation of the peninsula area. B .Graffiti Update (Tate) (15 Minutes) P resentation of efforts to combat graffiti P atrol Officer Steinman and Code Compliance Officer B arack provided Council with a presentation on graffiti and discussed the difference between gang graffiti versus non-gang graffiti, ways to report, record and eliminate graffiti, public versus private property graffiti removal responsibility, timeframes for removal, prioritization based on content and location, the importance of expeditious removal, the partnership with A grishop and Voucher P rogram, classes for Maintenance and Operations staff to identify gang versus non-gang graffiti, and fighting graffiti as a community. Councilmember Trout-Manuel thanked Officer Steinman and Code Compliance Officer Barack for sharing what they are doing to fight graffiti, and asked how often areas are being marked and what is being done to apprehend these individuals. Officer S teinman advised Council that they do track graffiti and take photos, but it is hard to catch the offenders since they are usually gone by the time an officer responds. Mayor Backus reminded Council that two of the six new police officers will be dedicated to gang related activity ensuring gang information is shared throughout the region. Council also discussed the relationship between the amount of new graffiti and weather conditions, the number of new tags each month, age restrictions to purchase spray paint, options to gain community support, and the number of gangs in Auburn. Page 2 of 6Page 49 of 94 C.Ordinance No. 6698 (Tate) (15 Minutes) A n Ordinance of the City Council of the City of A uburn, Washington, relating to planning; adopting 2018 annual comprehensive plan map and text amendments pursuant to the provisions of R C W Chapter 36.70a and adopting corresponding rezones related to certain map amendments Manager Dixon and Planner Teague provided Council with a presentation on Ordinance No. 6698 relating to the 2018 Annual Comprehensive P lan, including policy/text amendments, map amendments and privately initiated plan map amendments, the application process, private applications received and proposed revisions. Council discussed the option of putting an elementary school on K ersey Way and the potential traffic impact. Manager Dixon advised Council that the applicant has prepared and submitted a traffic study and will also submit a site plan showing driveway and turn lane locations. D.Ordinance No. 6699 (Tate) (10 Minutes) A n Ordinance of the City Council of the City of A uburn, Washington amending S ections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of the Auburn City Code relating to School I mpact Fees Manager Dixon provided Council with information on Ordinance No. 6699 amending the Auburn City Code relating to School I mpact Fees and discussed the four impacted school districts, the process for preparing and approving facility plans, the purpose of the School I mpact Fees, rates for single family and multifamily units. T he S chool I mpact F ees apply to new construction only and is a one time payment. Council discussed the City of Federal Way S chool I mpact Fees for multifamily units versus the City of A uburn. Manager Dixon advised Council that A uburn does not have any areas within the Federal Way school district that are zoned for multifamily units, their fees do not have an effect within the City of Auburn. E .Ordinance No. 6708 (Tate) (10 Minutes) A n Ordinance of the City Council of the City of A uburn, Washington, creating new sections 15.20.075 and 15.20.077 and amending S ections 1.25.030, 1.25.040, 1.25.065 and 15.20.030 of the Auburn City Code relating to Code E nforcement Code Compliance Officer B arack and Assistant City Attorney Ruth provided Council with information related to the enforcement of the A uburn City Code, potential violations, streamlining their process by eliminating the need to issue a Notice to Correct and proceed directly to issuance of a citation, removing the requirement for certified mailings and amending the I nternational P roperty Maintenance Code to allow the City to enforce certain provisions of the adopted Code. Councilmember Holman asked if there is an attempt to revise the I nternational P roperty Maintenance Code to correct anomalies and Code Page 3 of 6Page 50 of 94 Compliance Officer Barack advised Council that it is up to each jurisdiction. F.Ordinance No. 6707 (Gaub) (15 Minutes) A n Ordinance of the City Council of the City of A uburn, Washington, relating to telecommunications infrastructure, and adopting new Chapter 20.14, small wireless facilities in the public right-of-way; providing for severability; and establishing an effective date Deputy Mayor Baggett called for a recess at 7:01 p.m. the meeting reconvened at 7:13 p.m. Director Gaub and Specialist Price provided Council with a Small Cell Code update, they discussed what Small Cells are, they are, how they work, size requirements, where they are located and how they can be attached. The F ederal Communications Commission (F C C) new ruling takes effect J anuary 14, 2019. I t sets requirements on how the City can process, approve and charge for permits for small wireless facilities, small wireless facility franchise requirements, and addressing concerns if the antennas will harm people or animals. Council discussed who owns the poles, the size of the antennas, if these changes could allow the City to provide W i-F i service at a reasonable price, broadband availability, the option of having one type of pole to keep them all standard and who makes the determination of radio frequency interference. Director Gaub advised Council that P uget S ound Energy (P S E) and the City of Auburn own the poles, these changes will not impact the cost of service, broadband service availability is up to the providers and because of the different types of poles throughout the City there will not be one standard pole. T he F C C determines frequency interference based on the license with the City. G.S election of Special Focus A rea Chairs & Titles Council discussed the S pecial F ocus Areas, revised two of the names, assigned the chairs and vice chairs and discussed who makes and seconds a motion. Health & Human S ervices will now been known as Community Wellness, with Councilmember Trout-Manual as the Chair and Councilmember DaCorsi as the Vice Chair. F inance & E conomic Development has been renamed to F inance, Technology, & E conomic Development with Councilmember Wales as Chair and Councilmember Holman as the Vice Chair. S ister Cities has been renamed to Sister Cities I nternational. Public Works & Community Development's Chair will be Councilmember DaCorsi with Councilmember Baggett as the Vice Chair. Municipal S ervices Chair will be Councilmember Brown with Deputy Mayor P eloza as Vice Chair. Page 4 of 6Page 51 of 94 I 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 .Gambling & Card Room Revenue (Coleman) (5 Minutes) Director Coleman provided Council with an update on the Gambling & Card Room revenue, how the City receipts on pull tabs, which was changed from 5% gross receipts to 10% of net receipts, card room tax reduced to 4% of gross receipts and the I ron Horse Casino is making monthly payments on an outstanding promissory note of $220,000. Councilmember P eloza asked about E merald Downs and when the sovereign nation will come in. Director Coleman advised Council that E merald Downs is not on tribal land at this time. B .3rd Quarter 2018 F inancial Report (Coleman) (20 Minutes) Director Coleman provided Council with an update on the 3rd Quarter 2018 F inancial Report and covered the tax increases and decreases and the reasons behind the changes on the property taxes, sales and use tax, construction tax, utility tax, cable franchise fees, business licenses, building permits, intergovernmental revenues, charges for services, miscellaneous revenues, rental leases, real estate excise tax, capital project expenditures, and investment return rates. Council discussed when business licenses go through the state it will make it easier for the City to collect the fees, when the school building permits are expected to come in, where marijuana revenue goes, if pet license sales are being increased and what the City's return on investment are. Director Tate and Director Coleman advised Council that the changes with the business licenses going through the S tate will ensure a higher compliance rate, that the Auburn S chool District building permits are expected within the next one to two years, the marijuana revenue goes into the general fund, and the investment return rate is currently 2.34%. V.O T HE R D I S C US S I O N I T E MS There was no other discussion. V I .NE W B US I NE S S There was no new business. V I I .MAT R I X A .Matrix Council discussed the Matrix and requested to change the staff L ead from Director Hinman to City A ttorney Gross on the Domestic Violence A dvocacy Report. No other changes were made. Page 5 of 6Page 52 of 94 V I I I .A D J O UR NME NT There being no further discussion, the meeting was adjourned at 8:37 p.m. A P P R O V E D this 22nd day of J anuary, 2019. ____________________________ ____________________________ B I L L P E L O Z A , 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 6 of 6Page 53 of 94 City Council Study Session P W C D S FA J anuary 14, 2019 - 5:30 P M City Hall Council Chambers MINUT E S Watch the meeting L IV E! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R Councilmember Wales 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: B ob Baggett, L arry B rown, Claude DaCorsi, J ohn Holman, Yolanda Trout-Manuel, L argo Wales, Deputy Mayor Bill P eloza arrived at 5:50 p.m. Mayor Nancy Backus and the following directors and staff were in attendance: A ssistant Director of E ngineering Services J acob Sweeting, Capital & Construction E ngineering Manager Ryan Vondrak, Senior P roject E ngineer Matt L arson, Development Services Manager J ason Crumb, S enior Planner T haniel Gouk, S enior Transportation Planner Cecile Malik, Economic Development Manager Doug L ien, Director of Community Development J eff Tate, Director of I nnovation & Technology David Travis, Director of Human Resources & Risk Management Candis Martinson, Director of A dministration Dana Hinman, City A ttorney S teve Gross, Police Commander Steve S tocker and Deputy City Clerk Teresa Mattingly. 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 There was no announcement, report or presentation. 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 Manager L ien presented Council with information on the disbursements of funds from the L odging Tax Grant and requested the approval of two grants. The proposed grants are for the Veterans Day P arade for $3500 and P et Palooza for $5000. Manager L ien advised Council that the application process has been reopened due to not all of the grants funds being awarded. Page 1 of 4Page 54 of 94 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 Director Tate introduced F ire Marshall Karen Stewart with the Valley Regional F ire Authority (V R FA) and presented Council with an update on the V R FA Fee S chedule, how the fees are collected, and the proposed 3.6% fee increase. Council questioned how fees for sprinkler heads are calculated and was advised by Fire Marshall S tewart that fees for sprinkler heads are calculated per device and not by square footage of the building. 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 City Attorney Gross presented Council with the benefits of adopting I dentity T heft into the City Code as a Gross Misdemeanor, including allowing officers to charge identity theft directly, and if King County declines to charge a case it will allow City P rosecutors to charge a case as identity theft instead of attempted identity theft. Council discussed that the more tools the Police Department and City P rosecutors have the better it will be for everyone, that it could potentially reduce the number of violations from repeat offenders and speed up the prosecution process. Council requested that the number of identity theft cases be tracked for one year. D.Draft Council Chambers S eating Assignments (Council) (10 Minutes) (6:10 p.m.) Council discussed the draft council chambers seating assignments. Councilmember Trout-Manuel requested that her and Councilmember B rown switch seats. Councilmember B rown agreed to the change and the other Councilmembers were in consensus. No other changes were requested and name plates will be moved before the next Council meeting. 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.) Capital & Construction E ngineering Manager Ryan Vondrak and S enior P roject E ngineer Matt L arson provided Council with an update on Capital P rojects and discussed the number of current projects, total project costs, the current status of individual projects and upcoming projects including; the L ake Tapps P arkway I T S Expansion Project, both P hase Two and P hase Three of the A uburn Way North P reservation P roject, and the 2019 Page 2 of 4Page 55 of 94 A rterial Patch and Overlay Project. Manager Ryan also advised Council of the open house scheduled for J anuary 16, 2019 from 3 p.m. to 7 p.m. at Rainer Middle School regarding the L ea Hill Road Corridor S tudy. Council discussed the spreadsheet that lists the Capital Projects and thanked Manager Ryan and Engineer L arson for the potential dog park and the new roundabouts. 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 Development Services J ason K rum provided Council with an update on the demolition and redevelopment of the Heritage Site, code enforcement notices and penalties, deadlines to reply to code enforcement actions, project deadlines and confirmed that the owner has hired a new contractor who has submitted the necessary demolition applications and plans on moving forward the beginning next week and the demolition should be completed by the end of the month. Director Tate advised Council how and when liens are filed, the option of moving forward with an abatement action if the owner does not meet future deadlines, the number of grandfathered parking spaces allowed on the Heritage Site and the challenges with rebuilding a 100 year old building. Council discussed their concerns regarding the limited number of parking spaces for the Heritage Site, how parking is going to be accommodated and potential rental rates. C.Downtown Development Update (Tate) (15 Minutes) (6:55 p.m.) Overview of downtown development activity and façade improvement projects Director Tate provided Council with an update on the Downtown Development projects, including design and permit review for the Auburn A partments, L egacy S enior L iving and Tru By Hilton and façade improvement projects at Rail Hop'n Brewing, B rekke Building, Driessen B uilding and Vinifera W ine B ar & Bistro. Council discussed parking at L egacy Senior L iving, what type of awning will be installed at Vinifera, and the configuration of the Tru By Hilton building. Deputy Mayor Peloza called for a 10 minute recess at 6:50 p.m. the meeting reconvened at 7:00 p.m. V.O T HE R D I S C US S I O N I T E MS There was no other discussion. V I .NE W B US I NE S S There was no new business. Page 3 of 4Page 56 of 94 V I I .MAT R I X A .Matrix Councilmembers discussed the option of adding a discussion regarding the Auburn Avenue T heater, a presentation on the A uburn Valley A rts group, an update from Technology Director David Travis and an update on the West Hill Parks and Recreation to the matrix. V I I I .A D J O UR NME NT There being no further discussion, the meeting adjourned at 7:13 p.m. A P P R O V E D this 22nd day of J anuary, 2019. __________________________ ____________________________ B I L L P E L O Z A , 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 57 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the December 17, 2018 Regular Council Meeting Date: January 10, 2019 Department: Administration Attachments: 12-17-2018 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:January 22, 2019 Item Number:CA.B Page 58 of 94 City Council Meeting December 17, 2018 - 7:00 P M City Hall Council Chambers MINUT E S 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 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 B aggett, L arry Brown, Claude DaCorsi, J ohn Holman, Yolanda Trout-Manuel and L argo Wales. Councilmember P eloza arrived at 7:05 p.m. Department directors and staff members present included: City A ttorney S teve Gross, Director of F inance S helley Coleman, Police Assistant Chief Mark Caillier, Director of P ublic Works I ngrid Gaub, Director of Community Development J eff Tate, Director of P arks, A rt and Recreation Daryl Faber and 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 There was no announcement, proclamation or presentation. I I I .AP P O I NT M E NT S A .Human Services Committee City Council to confirm the appointments of the following to the Human Services Committee for a three-year term to expire December 31, 2021. S hanece Dedeaux Tammy Gourdine S ue Miller S hawn P arkhurst Paton Councilmember Wales moved and Councilmember Trout-Manuel seconded to approve the appointments. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 Page 1 of 6Page 59 of 94 I V.AG E ND A M O D I F IC AT I O NS E xhibits for Resolution No. 5399 have been provided to Council. 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 - (No public hearing is scheduled for this evening.) B .Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Greg Busch, W ireless P olicy Group Mr. Busch spoke to concerns regarding Ordinance No. 6707 regarding S mall W ireless facilities deployment. L elah Vaga, Verizon W ireless Ms.Vaga spoke about concerns regarding Ordinance No. 6707 regarding S mall W ireless facilities deployment. B rian Gunn 2305 27th S T S E , Auburn Mr. Gunn about the King County Cites Climant Collaboration and urged the City to participate. S teve L ibadia 7th S T NE and H S t NE , Auburn Mr. L ibadia shared his concerns regarding a new retention pond, the elevation of a new development and their retaining wall as well as the shaking of their property from road installation. J enny Anderson, 635 H St NE, A uburn Ms. Anderson explained that during street construction her property was damaged. S he also has concerns regarding the increased traffic in her area. Virginia Haugen 2503 R St S E, A uburn Ms. Haugen thanked Council for bicycle officers in her neighborhood. S he requested additional crosswalks and warned people about allowing power poles on their property. C.Correspondence A letter from W ireless P olicy Group was provided to Council. 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. Page 2 of 6Page 60 of 94 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 P eloza. chair of the Council S eating ad hoc committee, reported the committee plans to meet in the near future and will have a recommendation in the new year. 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 April 24, 2017, J une 26, 2017, J uly 24, 2017 and November 26, 2018 Study Session B .Minutes of the December 3, 2018 Regular Council Meeting C.Claims Vouchers (Coleman) Claim voucher number 451773 through 451948 in the amount of $4,878,419.96 and three wire transfers in the amount of $431,484.35 and dated December 17th, 2018. D.P ayroll Vouchers (Coleman) P ayroll check numbers 538259 through 538276 in the amount of $232,183.35, electronic deposit transmissions in the amount of $1,968,257.16 for a grand total of $2,200,440.51 for the period covering November 29, 2018 to December 12, 2018. E .2019 A nnual On-Call A greements (Gaub) A pprove the A nnual On-Call Professional Service A greements for 2019 Councilmember P eloza moved and Councilmember Wales seconded to approve the consent agenda. 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 A .S eating Assignments for City Council Meetings Council to approve or modify the ad hoc committee's recommendation. Councilmember P eloza stated the committee has not met at this time. I X.NE W B US I NE S S There was no new business. X .O RD INANC E S A .Ordinance No. 6698 (Tate) Page 3 of 6Page 61 of 94 A n Ordinance of the City Council of the City of A uburn, Washington, relating to planning; adopting 2018 annual comprehensive plan map and text amendments pursuant to the provisions of R C W Chapter 36.70a and adopting corresponding rezones related to certain map amendments Councilmember DaCorsi moved and Councilmember DaCorsi seconded to approve Ordinance No. 6698. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 B .Ordinance No. 6699 (Tate) A n Ordinance of the City Council of the City of A uburn, Washington amending S ections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of the Auburn City Code relating to School I mpact Fees Councilmember Wales moved and Councilmember Holman seconded to approve Ordinance No. 6699. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 C.Ordinance No. 6707 (Gaub) A n Ordinance of the City Council of the City of A uburn, Washington, relating to telecommunications infrastructure, and adopting new Chapter 20.14, small wireless facilities in the public right-of-way; providing for severability; and establishing an effective date Director Gaub explained staff does not recommend any changes at this time. S he requested Council approve the ordinance as written so the City can be incompliance when the new F ederal Aviation Administration (FA A ) rules take affect. Councilmember Wales moved and Councilmember DaCorsi seconded to approve Ordinance No. 6707 MO T I O N C A R R I E D UNA NI MO US LY. 7-0 D.Ordinance No. 6708 (Tate) A n Ordinance of the City Council of the City of A uburn, Washington, creating new sections 15.20.075 and 15.20.077 and amending S ections 1.25.030, 1.25.040, 1.25.065 and 15.20.030 of the Auburn City Code relating to Code E nforcement Councilmember DaCorsi moved and Councilmember Trout-Manuel seconded to adopt Ordinance No. 6708. 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 5396 (F aber) A Resolution authorizing the Mayor to execute an agreement between the City of A uburn and the lowest responsible bidder for the Auburn A rts & Culture Center main Page 4 of 6Page 62 of 94 floor interior demolition project Councilmember P eloza moved and Councilmember Holman seconded to adopt Resolution No. 5396. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 B .Resolution No. 5398 (Gaub) A Resolution of the City Council of the City of A uburn, Washington, related to the lead service line replacement program; authorizing an application for the drinking water state revolving fund loan and, if approved, acceptance and expenditure of loan proceeds Councilmember DaCorsi moved and Councilmember Brown seconded to adopt Resolution No. 5398. Councilmember P eloza asked how the services lines are designated. Director Gaub explained it is typically by age of lines. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 C.Resolution No. 5399 (Gross) A Resolution of the City Council of the City of A uburn, Washington relating to Council Rules of Procedure; amending the designation of S pecial F ocus Areas, and amending Council Rules of P rocedure Councilmember B rown moved and Councilmember Wales seconded to approve Resolution No. 5399. 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 Councilmember P eloza reported he attended the A uburn Municipal Airport Open House. Councilmember Trout-Manuel reported she attended the King County Regional Water Quality meeting, the Regional L aw and J ustice Committee meeting, the Domestic Violence Committee meeting and the Green River Community College workshop on racial equity. Councilmember Holman reported he attended the Sound Cities P ublic I ssues Committee meeting. Councilmember B rown thanked the other Councilmembers for a successful first year. Page 5 of 6Page 63 of 94 Councilmember DaCorsi reported he attended the A ffordable Housing A dvisory Committee meeting, the A ssociation of Washington Cites Board of Directors meeting, the Veterans Celebration, and the open house/town hall for the 42nd District Representatives. B .From the M ayor Mayor Backus reported she attended the Advisory and E xecutive Group for Regional Homelessness I ssues meeting, the B reakfast with Santa, a toy giveaway at Overcomers Covenant Church, the annual S outh Sound Chamber breakfast, the Mayor's Holiday Open House, Shop with a Cop and the Gildo Rey toy giveaway. Mayor Backus reminded everyone that Tuesday December 18th is the Craft with a Cop event and encouraged everyone to attend. X I I I .AD J O URNM E NT There being no further business to come before the Council, the meeting adjourned at 8:00 p.m. A pproved this 22nd day of J anuary, 2019. _______________________ _____________________________ 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 64 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers (Coleman) Date: January 15, 2019 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: approve claims vouchers Background Summary: 2018 Vouchers: Claim voucher numbers 451949 and 451952 through 52146 in the amount of $1,198,049.25 and two wire transfers in the amount of $152,475.69 and dated January 7, 2019. Claim voucher numbers 452171 and Voucher 452173 through 452337 in the amount of $3,346,621.94 and one wire transfer in the amount of $572,798.73 and dated January 22, 2019. 2019 Vouchers: Claim voucher numbers 451950 through Voucher 451951 and Voucher #452147 through voucher number 452170, in the amount of $1,650,367.41 and one wire transfer in the amount of $574,380.46 dated January 7, 2019. Claim voucher numbers 452172 and 452338 through 452444, in the amount of $670,045.72 and one wire transfer in the amount of $15,823.08 and dated January 22, 2019. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:January 22, 2019 Item Number:CA.C Page 65 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers (Coleman) Date: January 15, 2019 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: approve payroll vouchers Background Summary: 2018 Vouchers: Claim voucher numbers 451949 and 451952 through 52146 in the amount of $1,198,049.25 and two wire transfers in the amount of $152,475.69 and dated January 7, 2019. Claim voucher numbers 452171 and Voucher 452173 through 452337 in the amount of $3,346,621.94 and one wire transfer in the amount of $572,798.73 and dated January 22, 2019. 2019 Vouchers: Claim voucher numbers 451950 through Voucher 451951 and Voucher #452147 through voucher number 452170, in the amount of $1,650,367.41 and one wire transfer in the amount of $574,380.46 dated January 7, 2019. Claim voucher numbers 452172 and 452338 through 452444, in the amount of $670,045.72 and one wire transfer in the amount of $15,823.08 and dated January 22, 2019. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:January 22, 2019 Item Number:CA.D Page 66 of 94 Page 67 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Seating As s ignments for City Counc il Meetings Date: January 15, 2019 Department: City Counc il Attachments: 2019 Council Seating Chart Budget Impact: Current Budget: $0 Proposed Revis ion: $0 Revis ed Budget: $0 Adminis trative Rec ommendation: Move to adopt the 2019 s eating chart. Background Summary: Rule 2.1 of the Council Rules of Proc edure calls for seating arrangements to be adopted by motion of the Council following a rec ommendation of an ad hoc c ommittee. An ad hoc c ommittee was appointed on Dec ember 4, 2018. At Council's January 14, 2019 s tudy s es s ion, the c ommittee reported out to Counc il. Counc il by c onsens us agreed to a proposed modification of the committee's recommendation. The new proposed s eating chart is attac hed. Reviewed by Counc il Committees : Counc ilmember:Peloza Staff: Meeting Date:January 22, 2019 Item Number:UB.A Page 68 of 94 2019 Council Chambers Seating Chart * Council Seating Ad Hoc Committee Deputy Mayor * Page 69 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6710 (Gross) Date: January 15, 2019 Department: City Attorney Attachments: Ord 6710 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Move to Approve Ordinance 6710 Background Summary: This ordinance was reviewed at the January 14, 2019 Council meeting. It 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 need to 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 22, 2019 Item Number:ORD.A Page 70 of 94 Page 71 of 94 -------------------------------- Ordinance No. 6710 January 14, 2018 Page 1 of 3 Rev. 2018 ORDINANCE NO. 6710 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 72 of 94 -------------------------------- Ordinance No. 6710 January 14, 2018 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 73 of 94 -------------------------------- Ordinance No. 6710 January 14, 2018 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 74 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5395 (Tate) Date: January 15, 2019 Department: Community Development Attachments: Agenda Bill Res olution No. 5395 Attachment A - 2018 Fee Schedule Strikethrough Budget Impact: Current Budget: $0 Proposed Revis ion: $0 Revis ed Budget: $0 Adminis trative Rec ommendation: City Counc il to approve Res olution No. 5395. Background Summary: See the attac hed Agenda Bill. Reviewed by Counc il Committees : Counc ilmember:DaCors i Staff:Tate Meeting Date:January 22, 2019 Item Number:RES.A Page 75 of 94 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: January 7, 2019 Re: Resolution No. 5395 - 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 peforms these functions. While VRFA has taxing authority within its jurisdictional boundary, tax payers 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 tax payer 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 entitites. 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 facilitiate collection of the relevant fees and fee types. This matter was presented to City Council during the January 14, 2019 study session discussion. City Council authorized Resolution No. 5395 to move forward for Council consideration during the January 22, 2019 meeting. Page 76 of 94 ---------------------------- 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 77 of 94 ---------------------------- 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 78 of 94 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 79 of 94 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 80 of 94 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 81 of 94 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 82 of 94 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 83 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5401 (Gaub) Date: January 14, 2019 Department: Public Works Attachments: Res olution No. 5401 Exhibit "A" Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council adopt Resolution No. 5401 Background Summary: Resolution No. 5401 authorizes the Mayor to accept federal grants to be administered through the Washington State Department of Transportation (WSDOT). The City applied for and was awarded the following federal grants: $793,950.00 to finance the design, environmental permitting, and construction phases of the Lake Tapps Parkway ITS Expansion Project. This project will provide new ITS infrastructure along Lake Tapps Parkway from Lakeland Hills Way to East Valley Highway. The proposed ITS infrastructure includes conduit, new fiber optic cable, upgrading a section of existing copper interconnect with new fiber optic cable, VMS signage, traffic signal battery backup systems, traffic monitoring cameras, and network communications equipment. Additionally, new traffic signal timing and coordination plans will be developed for the East Valley Highway and Lake Tapps Parkway corridors. $2,000,000.00 to finance the construction phase of the F Street Non-Motorized Improvements Project. This project will complete innovative non-motorized improvements connecting the Les Gove Community Campus to Auburn's Designated Regional Growth Center. The individual elements of this project include pavement rehabilitation, construction of curb & gutter, sidewalks, ADA accessibility improvements, bike lanes, wayfinding signage, 'Bicycle Boulevard' markings and signage, utility undergrounding, street-scaping improvements, safety improvements, traffic signal interconnect, and minor right of way acquisition needed to accommodate new ADA ramps at corners. $748,000.00 to finance the construction phase of the Lakeland Hills Way Preservation Project. This project will grind, patch, and overlay Lakeland Hills Way from 57th Drive SE to Lake Tapps Parkway. The project also includes ADA upgrades to curb ramps and replacement of vehicle detection loops. $889,720.00 to finance the construction phase of the Auburn Way North Preservation Phase 2. This project will grind and overlay Auburn Way North from the 22nd Street NE Page 84 of 94 to 8th Street NE, remove unused driveways, and upgrade curb ramps and pedestrian signals to meet ADA requirements. $975,140.00 to finance the design, environmental permitting, and construction phase of the Auburn Way North Preservation Phase 3 Project. This project will grind and overlay Auburn Way North from the 8th Street NE vicinity to SR18 vicinity, remove unused driveways, and upgrade curb ramps and pedestrian signals to meet ADA requirements. Funding has been made available in the approved City budget to meet the local funding match requirements of each grant. The Local Agency Agreement template used for each grant is attached for reference as Exhibit A. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:January 22, 2019 Item Number:RES.B Page 85 of 94 ----------------------------- Resolution No. 5401 January 4, 2019 Page 1 RESOLUTION NO. 5401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT FEDERAL GRANT FUNDS TO BE ADMINISTERED THROUGH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION WHEREAS, the City wishes to improve safety, capacity, and efficiency of the City’s street network throughout Auburn; and WHEREAS, it is in the best interest of the City to use grant monies to finance capital improvements to the transportation system; and WHEREAS, the need for each of the improvements listed for the Lake Tapps Parkway ITS Expansion Project, the F Street Non-Motorized Improvements Project, the Lakeland Hills Way Preservation Project, Auburn Way North Preservation Phase 2, and Auburn Way North Preservation Phase 3 is recognized in Auburn’s adopted Transportation Improvement Program; and WHEREAS, completing each of these projects will improve safety, capacity, and efficiency of the City’s street network; and WHEREAS, the City applied for and was awarded the following federal grants to be administered by the Washington State Department of Transportation (WSDOT): • $793,950.00 to finance the design, environmental permitting, and construction phases of the Lake Tapps Parkway ITS Expansion Project; Page 86 of 94 ----------------------------- Resolution No. 5401 January 4, 2019 Page 2 • $2,000,000.00 to finance the construction phase of the F Street Non- Motorized Improvements Project; • $748,000.00 to finance the construction phase of the Lakeland Hills Way Preservation Project; • $889,720.00 to finance the construction phase of the Auburn Way North Preservation Phase 2 Project; • $975,140.00 to finance the design, environmental permitting, and construction phase of the Auburn Way North Preservation Phase 3 Project; and WHEREAS, funding has been made available in the approved City budget to meet the local funding match requirements for the grants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is authorized to accept the federal grants for those grants for which the City has sought federal funding and has been awarded grants, including (1) Lake Tapps Parkway ITS Expansion Project, (2) F Street Non-Motorized Improvements Project, (3) Lakeland Hills Way Preservation Project, (4) Auburn Way North Preservation Phase 2 Project, and (5) Auburn Way North Preservation Phase 3 Project, in the amounts awarded by the granting Agency. Page 87 of 94 ----------------------------- Resolution No. 5401 January 4, 2019 Page 3 Section 2. The Mayor is authorized to negotiate and execute Local Agency Agreements between the City and the Washington State Department of Transportation for the design phase for each of the above-identified projects. Section 3. The Mayor is authorized to negotiate and execute supplemental agreements consistent with project and grant requirements as may be necessary for all future phases for each of the Projects, up to the total amount of the grants and associated budget. Section 4. The Mayor is authorized to implement those administrative procedures necessary to carry out the directions of this legislation. Section 5. This Resolution shall take effect and be in full force upon passage and signature. Dated and Signed this _____ day of _________, 2019. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: ______________________ Shawn Campbell, MMC City Clerk Page 88 of 94 ----------------------------- Resolution No. 5401 January 4, 2019 Page 4 APPROVED AS TO FORM: _____________________ Steven L Gross City Attorney Page 89 of 94 Exhibit A wah"'gton State Local Agency Agreement7141Departmentof' Transportation Agency CFDA No.20.205 Catalog or Federal Domestic Assistance) Address Project No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23, U.S.Code Highways,(2)the regulations issued pursuant thereto,(3)2 CFR Part 200,(4)the policies and procedures promulgated by the Washington State Department of Transportation,and(5)the federal aid project agreement entered into between the State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r,column 3,without written authority by the State,subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Length Termini Description of Work Project Agreement End Date Claiming Indirect Cost Rate Proposed Advertisement Date Yes No Estimate of Funding 1) 2) 3) Type of Work Estimated Total Estimated Agency Estimated Federal Project Funds Funds - Funds PE a.Agencyok b.Other Federal Aid c.Other Participation d.StateRatioforPE e.Total PE Cost Estimate(a+b+c+d) 0.00 0.00 0.00 Right of Way f% .Agency g.Other Federal Aid h.OtherParticipation Ratio for RW i•State j.Total R/W Cost Estimate(f+n+h+i) 0.00 0.00 0.00 Construction k.Contract I.Other m.Other Federal Aid n.Other Participation o.AgencyRatioforCN p.State a.Total CN Cost Estimate(k+1+m+n+o+o) 0.00 0.00 0.00 r.Total Project Cost.Estimate(e+i+a)0.00 0.00 0.00 Agency Official Washington State Department of Transportation By By Title Director, Local Programs Date Executed DOT Form 140-039 Page 1 Revised 05/2015 Page 90 of 94 Exhibit A Construction Method of Financing (Check Method Selected) State Ad and Award Method A-Advance Payment-Agency Share of total construction cost(based on contract award) Method B-Withhold from gas tax the Agency's share of total construction coast(line 5, column 2) in the amount of at$ per month for months. Local Force or Local Ad and Award Method C-Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on Resolution/Ordinance No. Provisions I.Scope of Work The Agency shall provide all the work,labor, materials,and services necessary to perform the project which is described and set forth in detail in the"Project Description"and"Type of Work." When the.State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency,the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II.Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State shall have the full authority to carry out this administration.The State shall review,process,and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract,the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications. Ill.Project.Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements.The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof.AD costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV.Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office,the U.S. Department of Transportation,and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request. V.Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal f1ys gaad1t$ o g Agency under the terms of this agreement(see Section IX). Page 2 Revised 05/2015 Page 91 of 94 Exhibit A The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI.Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the.Agency and by the Federal Government.Federal funding shall be in accordance with the Federal Transportation Act,as amended,2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200-Uniform Admin Requirements,Cost Principles and Audit Requirements for Federal Awards,and retained for audit. The State will pay for State incurred costs on the project. Following payment,the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1.Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within(20)days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award.The State will notify the Agency of the exact amount to be deposited with the State.The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor.Following such payments,the State will submit a billing to the Federal Government for the federal aid participation share of the cost.When the project is substantially completed and final actual costs of the project can be determined,the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency.This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B—The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C—The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate,not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement.At the time of audit,the Agency will provide documentation of all costs incurred on the project.The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX). VII.Audit of Federal Consultant Contracts The Agency, if services of a consultant are required,shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States;WSDOT Manual M 27-50, Consultant Authorization, Selection,and Agreement Administration;memoranda of understanding between WSDOT and FHWA;and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall reimburse the State for the amount of such overpayment or excess participation(see Section IX). VIII.Single Audit Act The Agency,as a subrecipient of federal funds,shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Page 3 Revised 05/2015 Page 92 of 94 Exhibit A IX.Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work, project cancellation,overpayment,cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund.No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director,Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement..All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X.Traffic Control,Signing,Marking,and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration.The Agency will not install or permit to be installed any signs, signals,or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD.The Agency will, at its own expense, maintain the improvement covered by this agreement. Xl.Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims,demands,or suits,whether at law or equity brought against the Agency,State,or Federal Government,arising from the Agency's execution, performance,or failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII.Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin,or sex in the award and performance of any USDOT assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements.The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,contract, loan, insurance,or guarantee or understanding pursuant to any federal program involving such grant,contract,loan,insurance,or guarantee, the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:Provided,that if the applicant so participating is a State or Local Government,the above equal opportunity clause is not applicable to any agency, instrumentality,or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: 1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules,regulations,and relevant orders of the Secretary of Labor. 2)To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. 3)To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from,or who has not demonstrated eligibility for,government contracts and federally assisted construction contracts pursuant to the Executive Order. 4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following actions: a)Cancel,terminate, or suspend this agreement in whole or in part; b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and c)Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 Revised 05/2015 Page 93 of 94 Exhibit A XIII.Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole,or from time to time in part,whenever: 1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. 2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. 3)The contractor is prevented from proceeding with the work by reason of a preliminary,special,or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. 4)The Secretary is notified by the Federal Highway Administration that the project is inactive. 5)The Secretary determines that such termination is in the best interests of the State. XV.Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston County. XVI.Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: 1)No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,or cooperative agreement. 2)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit the Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants,and contracts and subcontracts under grants,subgrants, loans,and cooperative agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than 100,000 for each such failure. XVII.Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement,signed by the Agency Executive and addressed to the State,documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). Additional Provisions DOT Form 140-039 Page 5 Revised 05/2015 Page 94 of 94