HomeMy WebLinkAbout06-11-2012 Agenda Packet
Planning and Community Development
June 11, 2012 - 5:30 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
1. Presentation (Faber)
Parks and Recreation Board.
Parks, Arts, and Recreation Director Daryl Faber will provide a presentation
on the 2012 plans and activities of the Parks and Recreation Board.
C.Agenda Modifications
II.CONSENT AGENDA
A. Minutes - May 29, 2012* (Snyder)
III.ACTION
A. Ordinance No. 6415 - Proposed Amendment to the Interlocal Agreement
between the City and Port of Seattle* (Dixon)
Request for Committee action to recommend to full Council approval of Ordinance
No. 6415 - Amendment to Interlocal Agreement between the City of Auburn and
Port of Seattle.
IV.DISCUSSION ITEMS
A. Ordinance No. 6410* (Coleman)
Committee to discuss Ordinance No. 6410, budget amendment No. 8, amending
the 2012 Adopted Budget (of the 2011-2012 biennium).
B. Resolution No. 4797* (Mund)
Committee to discuss Resolution No. 4797 authorizing the Mayor and City Clerk to
Execute an Amendment to the Public Way Agreement No. 08-03 between the City
of Auburn and MCI Communications Services, Inc.
C. Proposed Zoning Code Amendment to ACC Section 18.31.200 related to
Architectural and Site Design Review Standards and Regulations* (Dixon)
Committee to review Planning Commission's recommendation for proposed zoning
code amendment to ACC Section 18.31.200 related to architectural design review
standards and regulations.
D. Director's Report (Snyder)
E. PCDC Status Matrix* (Snyder)
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V.ADJOURNMENT
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.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Presentation
Date:
June 7, 2012
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Presentation only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Faber
Meeting Date:June 11, 2012 Item Number:AN.1
AUBURN * MORE THAN YOU IMAGINEDAN.1 Page 3 of 139
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes - May 29, 2012
Date:
June 5, 2012
Department:
Planning and Development
Attachments:
PCDC Draft May 29, 2012 minutes
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached minutes.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:June 11, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 139
Planning and Community
Development
May 29, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference
Room 2 located on the second floor of the One Main Professional Plaza, One East
Main Street, Auburn Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair John Partridge, and Member John Holman were
present. Also present were Mayor Pete Lewis, Planning and Development
Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Contract
Economic Development Planner William Thomas, Economic Development
Manager Doug Lein, City Attorney Dan Heid, Principal Planner Jeff Dixon,
Assistant Police Chief Bob Karnofski, Police Chief Bob Lee, Development
Services Manager Jeff Tate, Transportation Planner Chris Hankins, Senior
Planner Hillary Taylor, and Planning Secretary Tina Kriss.
Members of the public were: Eric Robertson, Valley Regional Fire Authority
(VRFA) Administrator, Scot Pondelick, Robert Whale of the Auburn Reporter,
Greg Fleser, General Manager of the Auburn Supermall and Renee Bochnovich,
Gloria Taylor, Patrick Taylor, and Joanne Martin.
B. Announcements
Greg Fleser, Auburn Supermall General Manager explained the The Supermall of
the Great Northwest would soon be experiencing a new rebranding and
renovation. It will soon be named as "The Outlet Collection of Seattle". As part of
a 30 to 35 million dollar renovation and rebranding effort; an acquisition of pure
outlet tenants has taken place.
New logos and signage will be introduced in addition to a redevelopment of the
interior and exterior to modernize the aesthetics and update the functional features
of the mall.
Committee thanked Mr. Fleser for this update and expressed their excitement the
changes to take place at the Supermall.
C. Agenda Modifications
The following item will be added under I.B. Announcements:
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1. Presentation - The Supermall Rebranding and Renovation Project.
A presentation by Greg Fleser, General Manager, The Auburn Supermall
Rebranding and Renovation Project.
II. CONSENT AGENDA
A. PCDC Draft May 14, 2012 Minutes (Snyder)
Vice-Chair Partridge moved and Member Holman seconded to approve the May
14, 2012 meeting minutes as written.
Motion Carried Unanimously. 3-0
III. ACTION
A. Resolution No. 4470 (4823) - Physical Address Change
Recommendations (Tate)
Director Snyder stated the City Clerk has requested Resolution No. 4470 be
changed to Resolution No. 4823 as the former number has been retired. The
address changes were identified as public safety concerns that could result in
delayed or inaccurate public safety responses. The proposed address
changes were initially reviewed and recommended by the City’s multi-
departmental Addressing Committee. They were subsequently reviewed and
approved by the Department Directors including the Police Chief and the Valley
Regional Fire Authority Administrator Eric Robertson.
Staff will notify approximately over 100 entities, agencies and organizations, and
the post office on behalf of the property owners as part of any address
change. Staff submitted a review to the State Auditor’s office for an address
assistance program. The program could not be supported from an audit standpoint
so therefore the City will not be able to provide the address assistance program.
Member Holman stated he could not agree more with the need for the changes to
take place; in searching a couple addresses through both Google and a Global
Positioning System (GPS) Member Holman was unable to get to the address.
Vice-Chair Partridge thanked staff for their work on these changes. He further
expressed that some of the changes appear to be minor and since the City will be
unable to provide assistance to the property owners transitioning their addresses
this decision becomes harder. Vice-Chair Partridge stated he has not been able to
fully embrace the addressing list changes and does not feel the same way about
the “level of urgency” in terms of public safety based on his training. It would be
good when this goes to full Council that Council has the Committee's full
recommendation; pulling this apart as a discussion item rather than an action this
evening so the Committee can make a solid recommendation.
Committee and staff discussed the “level of risk” and “level of need” as it relates to
address changes in answer to a question by Vice-Chair Partridge. Chair Backus
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reminded the Committee of the comments by Administrator Robertson where he
stated “there is no level of risk that is acceptable” to a public safety officer;
regardless of changes to one or two numbers or a letter to a
number. Administrator Robertson reminded the Committee that 80% of all calls
are non fire related and that the level of risk increases depending on what the call
is related to. Administrator Robertson stated, “risk changes”. Chair Backus stated
trying to assign a level of risk to any of these addresses I believe is doing an
injustice to every one of the people on this list.
Chair Partridge asked if either police or fire have changed or added anything to
the list provided. Administrator Robertson stated “the list is unchanged in his
opinion”, it is the same list that was previously provided.
After much discussion on level of risk by Committee and staff, Vice-Chair
Partridge stated if the full list is not implemented, exempting certain addresses, the
Committee will have made a public safety decision. Committee determined this
would go against the recommendations of public safety officers and those
recommendations are important and Committee does not take them lightly. Chair
Backus stated she will always error on the side of safety first as it could be a
crucial timing issue.
Committee and staff discussed T street addressing standards and determined any
future T street addressing policy could be handled in the same way the addressing
policy takes place for Cul-de-sacs. Committee and staff concurred, if future policy
changes take place for T addressing within the City, the neighborhood at 4th PL
NE would be excluded with no T street addressing policy modification. Director
Snyder emphasized T streets are not typical and rare in development today. Staff
discourages them within new developments.
After discussion, the Committee stated although they are sensitive to the impact of
the address changes on the property owners these changes are necessary due to
the impact of safety. Vice-Chair Partridge stated if there is nothing else this
Committee can do he would be personally willing to let full Council decide if they
want to approve these address changes; if there is no other relevant discussion
that would occur as a result of keeping it as a discussion item, if the
remaining Committee members do not agree, than I just need to make my
decision then I can have a discussion at City Council. Member Holman felt it was
time to move forward and Chair Backus stated she would entertain a motion.
Vice-Chair Partridge moved and Member Holman seconded to forward to full City
Council Resolution No. 4823.
Motion Carried Unanimously. 3-0
Chair Backus stated this will be brought forward to the City Council agenda June
4, 2012 at 7:30 p.m. There will be an opportunity for public comment at the
beginning of the City Council meeting (three minutes per individual). The agenda
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will be posted on the City website by Friday.
B. Resolution No. 4818 (Hankins)
Transportation Planner Chris Hankins explained the City has been awarded a
grant from the Washington State Department of Transportation for $400,000.00
with no City match. This will require an amendment to the 2012-2017
Transportation Improvement Program (TIP). The amendment to the 2012-2017
TIP would require a public hearing to be set to make the revision.
Vice-Chair Partridge moved and Member Holman seconded to recommend City
Council to set the date for a public hearing on a proposed amendment to the
2012-2017 Transportation Improvement Program (TIP).
Motion Carried Unanimously. 3-0
IV. DISCUSSION ITEMS
A. Resolution No. 4819 (Hankins)
Transportation Planner Chris Hankins explained the City was awarded a
$400,000.00 grant with no match by the Washington State Department of
Transportation to improve safety at various intersections throughout the City. The
project includes flashing yellow arrows, auxiliary signal heads, new vehicle
detection, and LED signal head lamps.
As part of the award the City is required to add the project to the 2012-2017
Transportation Improvement Program (TIP) and the Washington State
Improvement Program (STIP) in order to be eligible to obligate the awarded
federal funds. Resolution No. 4819 assists the City in making that addition to the
TIP.
Committee and staff discussed the improvements and Committee was
encouraged by the opportunity to receive the grant toward the improvements.
B. ZOA12-0002 - Cannabis Collective Garden Moratorium Expiration
(Taylor)
Senior Planner Hillary Taylor and City Attorney Dan Heid provided background
information on Resolution No. 4739; a moratorium on collective gardens due to
expire August 15, 2012. Committee and staff discussed the Federal conflict
with State Law since cannabis is a Scheduled I drug. Classifying cannabis as a
drug having high potential for abuse, no medical use, and not safe to use under
medical supervision. This makes the use of the drug illegal on a Federal level.
Member Holman stated he is in favor of limiting anything which limits staff time
dedicated to working on something that is illegal under the Federal law.
Committee discussed the option of continuing the six (6) month moratorium;
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extending Resolution No. 4739 allowing staff more time to address the items
identified within the work plan of the resolution or adopting an ordinance that will
state that the City will not allow anything in the zoning code that violates State or
Federal Law.
City Attorney Heid stated if the City adopted an ordinance that said the City will not
allow anything in the City code that violates State or Federal law the City at any
time has the option of amending the ordinance.
Chair Backus shared her concern that if the moratorium is in place and the City
has no code in place the City could be placed in difficult circumstances. Director
Snyder stated the exposure rate for the City without having any code in place
is high.
Committee determined they would recommend moving this forward to the
Planning Commission with the recommendation to pass an ordinance much like
the Cities of Woodinville and Pasco and if changes occur an amendment can be
made.
C. Proposed Amendment of the Interlocal Agreement between the City
and Port of Seattle (Dixon)
Staff seeks to prepare an amendment of the previous 1998 Interlocal Agreement
between the City and the Port of Seattle. After proceeding with the 1998
agreement the Port identified several issues that were not sufficiently addressed in
the original agreement.
Staff and the Port worked to address these issues. The amendment modifies
Section 6.2 of the agreement to address the issues of floodplain storage capacity;
clarifies that the Port or its successor has rights to 17% of the floodplain storage
capacity on the wetland mitigation sight and the City or its successor have the
right to he remaining 83%. Other items relating to floodplain storage capacity will
be clarified within the amendment.
Committee and staff discussed what these amendments would mean to the
City. Committee was in favor of these amendments to the 1998 Interlocal
Agreement between the City and the Port of Seattle.
D. Director's Report (Snyder)
Director Snyder stated Coastal Farm and Ranch is open for business and will be
having their grand opening on June 8, 2012. The City is experiencing an increase
in single family construction permits; 132 permits from January 1 to May 25, 2012.
The permit center is working hard to keep the review period short to move these
forward. The City is averaging 50 inspections a day. In most cases the incentives
passed by the City have been utilized.
E. PCDC Matrix (Snyder)
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Committee had no changes or additions to make to the matrix.
V. ADJOURNMENT
There being no further business to come before the Committee, the meeting was
adjourned at 7:02 p.m.
DATED THIS __________ day of ________________, 2012.
_______________________________ ______________________________
Nancy Backus - Chair Tina Kriss - Planning Secretary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6415 - Proposed Amendment to the Interlocal
Agreement between the City and Port of Seattle
Date:
June 5, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Attachment 1 - Ordinance No. 6415
Attachment 2 - Exhibit A
Attachment 3 - Ordinance No. 5029
Attachment 4 - Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Recomend to the full City Council approval of Ordinance No. 6415.
Background Summary:
See attached agenda bill.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal
Councilmember:Backus Staff:Dixon
Meeting Date:June 11, 2012 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 11 of 139
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6415, an Amendment to the 1998
Interlocal Agreement Between the City of Auburn and the Port of Seattle
Date: June 6, 2012
Department: Planning and
Development
Attachments: See attachment list (at
end of report)
Budget Impact: N/A
Administrative Recommendation: Planning and Community Development Committee to recommend
approval of Ordinance No. 6415 to the full City Council.
Background Summary:
SUBJECT:
The proposal is an amendment of the previous 1998 Interlocal Agreement between the City and the Port
of Seattle. The original interlocal agreement was related to construction of the Port’s wetland mitigation
site, provision of infrastructure and property transfer. This proposed 1st amendment of the interlocal
agreement clarifies the related subject of control of floodplain storage capacity that was not sufficiently
addressed in the original Interlocal agreement.
BACKGROUND:
On March 18, 1998 the City and Port of Seattle entered into an Interlocal agreement for the Port of
Seattle’s development of an approximately 69-acre site located in northeast Auburn as wetland mitigation
for impacts associated with the third runway project at Seattle-Tacoma International Airport (Sea-Tac).
The Interlocal agreement was authorized by the City Council by adoption of City Ordinance No. 5029
(See Attachment 4).
In 2003, the City and Port identified a few issues that were not sufficiently addressed in the original
agreement related to right-of-way alignment, utilities and administration of floodplain capacity. The City
and Port resolved all but one of these issues by other means. However, it did not address the remaining
issue of floodplain storage created as a result of the excavation of existing site soil associated with the
wetland mitigation construction and what party has use of this floodplain storage volume is the purpose of
this amendment to the Interlocal Agreement. The Agreement did not specifically reflect the parties’ intent
regarding the control of the floodplain storage capacity and the parties wish to clarify the intent with this
Amendment.
An amendment to the agreement has been prepared in conjunction with the Legal Division and Aviation
Division staff at the Port of Seattle and has been reviewed by staff of the Legal, Public Works and
Planning Departments of the City.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: June 11, 2012 Item Number:
ACT.A Page 12 of 139
Agenda Subject: Agenda Subject: Ordinance No. 6415, an
amendment to the 1998 Interlocal Agreement between the City of Auburn
and the Port of Seattle
Date: June 6, 2012
Page 2 of 2
Section 1 of the Amendment (Exhibit A to Ordinance No. 6415) modifies Section 6.2 of the original
agreement and:
• Modifies the original agreement to recognize that floodplain storage capacity may be based on
the current 1995, 100-year floodplain maps or as may be subsequently amended by the Federal
Emergency management Agency (FEMA).
• Clarifies that the Port or its successor has rights to 17% of the floodplain storage capacity on the
wetland mitigation site. The 17% figure was based on the Port’s request and the development
potential of their adjacent property.
• Clarifies that the City and its successor have the right to the remaining 83% of the floodplain
storage capacity.
• Acknowledges that the intent of the original Interlocal agreement was to provide the City with use
of the newly constructed floodplain storage capacit y but this was not sufficiently disclosed in the
original agreement. The original consideration was sufficient and no additional consideration is
needed for this amendment.
• Specifies that the City agrees to use the floodplain storage capacity in its current form and no
alteration of the constructed wetland mitigation site is proposed for use of the flood storage
capacity. Also, that the parties have not made any representations or guarantees to the amount
of floodplain storage that will be available.
• Provides that the Port declares the excess created floodplain storage capacity to be surplus.
PROCESS:
The amendment was discussed by the Planning and Community Development Committee (PCD) at their
regular meeting on May 29, 2012. The amendment was discussed by the Finance Committee on June 4,
2012. The Committees were supportive of the proposal. The amendment will be again presented to the
PCD Committee on June 11, 2012 for a recommendation to the full City Council.
Staff is working with representatives of the Port of Seattle to coordinate concurrent review and
consideration of the amendment by the Port Commission. The Port Commission is scheduled to review
and consider the amendment in two separate meetings proposed for June 26, 2012 and July 10, 2012.
Approval by the Commission will authorize the Port’s Chief Executive Officer (CEO) to execute the
amendment which is expected by July 17, 2012.
ATTACHMENTS:
• Attachment 1 – Ordinance No. 6415 – Authorizing Amendment to Interlocal Agreement between
the City of Auburn and the Port of Seattle
• Attachment 2 – Exhibit A to Ordinance No. 6415 – Language of the 1st amendment to the
Interlocal Agreement
• Attachment 3 - Ordinance No. 5029 - 1998 Original Interlocal Agreement between the City and
the Port of Seattle
• Attachment 4 - Vicinity Map
ACT.A Page 13 of 139
------------------------------
Ordinance No. 6415
6/5/12
Page 1 of 2
ORDINANCE NO. 6415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN AN AMENDMENT TO THE 1998
INTERLOCAL AGREEMENT WITH THE PORT OF SEATTLE
RELATED TO WETLAND MITIGATION
WHEREAS, Ordinance No. 5029 authorized the City to enter into an
Interlocal Agreement with the Port of Seattle for the Port of Seattle’s
development of an approximately 69-acre site located in northeast Auburn for the
purpose of wetland mitigation for impacts associated with the third runway project
at SeaTac Airport; and,
WHEREAS, this 1998 Interlocal Agreement did not clearly address the
issue of floodplain storage created as a result of the excavation of existing site
soil associated with the wetland mitigation construction and what party had use
of this floodplain storage capacity; and,
WHEREAS, the parties wish to clarify the intent with this Amendment,
which has been developed in conjunction with the Port of Seattle, and has been
reviewed by staff of the Legal, Public Works and Planning Departments of the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The Mayor and City Clerk are hereby authorized to sign the
Amendment to the 1998 Agreement, in substantially the same form as at Exhibit
A.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
ACT.A Page 14 of 139
------------------------------
Ordinance No. 6415
6/5/12
Page 2 of 2
Section 3. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
PETER B. LEWIS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
ACT.A Page 15 of 139
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 1 of 3
1ST Amendment To
Interlocal Agreement Between City of Auburn and Port of Seattle Regarding
Wetlands Construction, Infrastructure Improvements, and Property Transfer
THIS 1ST AMENDMENT TO an INTERLOCAL AGREEMENT dated March 18,
1998, is made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the
Revised Code of Washington, on the day of , 2012, by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington “City”),
and the PORT OF SEATTLE, a municipal corporation of the State of Washington (“Port”).
WITNESSETH:
WHEREAS, the Parties entered into an Interlocal Agreement on March 18, 1998
(“Agreement”) for the purpose of addressing the Port’s conversion of the property owned by the
Port (“Property”) and identified in the City’s comprehensive plan for residential development to
uses that would not be residentially developed and would not share in the extension of public
infrastructure since the property was proposed as mitigation for the filling of certain wetlands at the
Seattle-Tacoma International Airport; and,
WHEREAS, the Property was specifically constructed by the Port for Wetland Mitigation
purposes. In response to learning of the Port’s plans, the City requested and the Port agreed to
construct the wetland mitigation deeper in order to create additional flood storage that could benefit
the City and other properties in the area as a way to partially compensate the City for the loss of
development potential of the site and lost opportunity for financial participation in the future
extension of roads and utilities, which is typically a requirement of development; but not applicable
to wetland mitigation construction; and
WHEREAS, In 2003, the Parties had several additional issues to address including right-of-
way alignment, utilities, and flood plain capacity control. It was agreed to by the Parties not to
finish the negotiation at that time as it would have delayed City permits being issued for the Port’s
construction of the wetlands that were required in order to advertise the project. A delay in
advertising could have caused a one to three year delay in the project and would have caused
problems with the third runway development at the Seattle-Tacoma International Airport.
Subsequently the issues relating to rights-of-way and utilities were handled outside of the Inter-local
agreement. The remaining issue, flood plain capacity, is the subject of this Amendment to the
Interlocal Agreement.
WHEREAS, in addition to creating additional flood storage capacity on the Property, the
Port paid Auburn $442,000 specifically for lost development potential of the Property and
specifically the lost opportunity for financial participation in the future extension of roads and
utilities and $180,000 for lost storm and sanitary sewer system development charges; and,
WHEREAS, the City agreed to, and did, defer use of the flood storage capacity during the
period of initial establishment of the wetland mitigation to avoid adverse impacts due to potential
changes in hydrology from use of the floodplain; and
ACT.A Page 16 of 139
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 2 of 3
WHEREAS, as part of the Agreement, the Parties intended that the City have control over
use of new flood storage capacity that was created on the Property to mitigate floodplain filling by
the City or other private development designated by the City; and,
WHEREAS, the Agreement did not specifically reflect the Parties’ intent regarding control
of the new flood storage capacity, and the Parties wish to clarify that intent through this
Amendment.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. Section 6 of the Agreement is hereby amended by designating the existing Section as
Subsection 6.1 “Floodplain Change” and by adding a new Subsection 6.2 “Control of Created Flood
Storage Capacity” to read as follows:
6.2 Control of Created Flood Storage Capacity.
1. As a result of the Port’s construction of wetlands, floodplain volume was created on the
Property as indicated in the Federal Emergency Management Agency Conditional Letter of
Map Revision application ( FEMA CLOMR) prepared for the City by Parametrix, dated
July 2007 and as may be subsequently amended. (Attached as Exhibit A and incorporated
herein). This CLOMR application is based on the 1995 FEMA Flood Insurance Rate Maps
currently in effect at the date of this 1st Amendment. The parties acknowledge that FEMA
has not approved the CLOMR, and that FEMA’s failure to do so may affect the ability of
either party to use the flood storage capacity created by the Port’s construction of wetlands.
2. The Port has the right to use 17% of the created flood storage capacity (11.2 acre feet based
on the 2007 CLOMR application) to mitigate potential future floodplain filling on Port
owned parcels 000420-0006, 936060-0258, and 936060-0260. In the event that the FEMA
does not approve the CLOMR, or if Flood Insurance Rate Maps are revised in the future and
prior to fully completing the process for use of the flood storage capacity, the Port has the
right to use the same proportionate share (17%) of any available flood storage capacity In
the event that the Port or its successors in interest use this flood storage capacity, the City
will expedite the processing of all required City permits at no cost for the expedited review
to the Port or to its successors in interest. City standard application fees will apply. In
addition, the City will cooperate in the processing of any required floodplain map revisions
for the Property, but shall not, by this agreement, be responsible for any costs in excess of its
usual costs
3. The City has the right to control the use of any remaining flood storage capacity, in excess
of the Port’s, proportionate percentage of flood storage capacity existing on the Property,
including but not limited to, the right to allow private parties to use part or all of the
capacity. The Parties agree to cooperate to execute any documents necessary to effectuate
the intent of the Agreement and this Amendment.
4. The Parties agree that, because they originally intended for the City to have control of
ACT.A Page 17 of 139
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 3 of 3
assigning use of the newly created flood storage capacity, the consideration exchanged for
the original Agreement was sufficient for that purpose, therefore no additional consideration
is due from the City to the Port for the execution of this 1st Amendment.
5. The City also agrees to use the flood storage capacity in its current constructed form for the
purpose of mitigating future floodplain filling. No site alteration is proposed for the City’s
use unless such alteration is agreed to in writing by the Port. Neither party makes any
representations or guarantees concerning the flood storage volumes that may be available
on the Property, nor does either party bear any responsibility to alter the Property to
create additional flood capacity.
6. The Port declares the excess created flood storage capacity in the Property described in this
1st Amendment to be surplus for Port purposes.
IN WITNESS WHEREOF the Parties hereto have executed this Amendment to the Agreement as
of the day and year first above written.
PORT OF SEATTLE CITY OF AUBURN
By: __________________________________ ____________________________________
Tay Yoshitani Peter B. Lewis
Chief Executive Officer Mayor
Port of Seattle City of Auburn
Attest:
____________________________________
Danielle Daskam, City Clerk
Approved as to Form:
____________________________________
Daniel B. Heid, City Attorney
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Port of Seattle Wetland Mitigation Site Vicinity
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/14/2012
ACT.A Page 51 of 139
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6410
Date:
June 6, 2012
Department:
Finance
Attachments:
Transmittal Memo
Ordinance No. 6410
Schedule A
Schedule B
Budget Impact:
$15,911,077
Administrative Recommendation:
For discussion only.
Background Summary:
Ordinance No. 6410 amends the 2012 Adopted Budget (of the 2011-2012 biennium) as
presented in the attached transmittal memorandum and supporting attachments.
Reviewed by Council Committees:
Finance, Planning And Community Development, Public Works
Councilmember:Staff:Coleman
Meeting Date:June 11, 2012 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 52 of 139
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: May 30, 2012
Re: Ordinance #6410 – 2011-2012 Budget Amendment #8
Attached is proposed budget amendment #8 for your review. This amendment is the third budget
amendment for 2012 and the eighth budget amendment for the 2011-2012 biennium.
This budget adjustment amends the City’s budget for actual 2012 beginning fund balances, adjusts revenues
for revisions as a result of recent State legislative actions in regards to State shared revenues, and adjusts
revenues and expenses reflecting the recently revised utility rates. The following is a description of the
significant changes included in this budget amendment.
Actual 2012 beginning fund balances:
o Adjustments to beginning fund balances are made each year after the close of the
preceeding year to reflect actual beginning fund balances. The 2012 beginning fund
balances are updated to reflect actual ending 2011 fund balances.
State Shared Revenue Impacts:
o General Fund revenue is updated to reflect revised state shared revenue distributions
based on recent State legislative action1 as follows:
Temporary suspension of liquor excise taxes for July-December 2012 (-$186,000)
Increase in liquor profit distributions for public safety ($56,000)
One-time distribution of proceeds from sale of State liquor stores ($180,000)
Reduction to Streamlined Sales Tax distributions (-$68,000)
Utility rate study:
o Adjustments to revenues for the Water, Sewer and Stormwater utilities to reflect revised
rate revenue, consistent with the financial estimates as included in the Council adopted rate
study update.
Other changes:
o Cumulative Reserve Fund – funds are transferred from the General Fund in the
amount of $2.5 M to the Cumulative Reserve to support payments made to the
Cemetery and Golf course funds for operations and debt payment.
1 Estimated revenue impacts per AWC.
DI.A Page 53 of 139
o City traffic infraction revenue is reduced to reflect lowered red light photo infractions.
Red light traffic infraction revenue is projected to decline from $1.2M to approximately
$500,000 for 2012. (-$708,700; General Fund)
o Due to recent changes in accounting for Motor Vehicle Fuel Taxes, this revenues is now to
be deposited directly into the Arterial Street and Recreation Trails fund instead of the City’s
General Fund. The $537,100 reduction in General Fund revenue is offset by a reduction in
operating transfers out.
o FAA grant funding and spending authority is recognized for an update to the Airport
comprehensive plan as authorized under Resolution #4815 ($225,000 Airport Fund).
Partially offset by FAA grant revenue of $202,500.
o January Storm – FEMA reimbursement
FEMA reimbursement funding in the amount of $91,550 for citywide costs
($105,170) related to the January storm. Funding recognized in the Police
Department/General Fund, Solid Waste, Cemetery, and Golf Course funds.
o Human Resources
Funding for salaries and benefits is requested for a new Employment Manager
FTE. The position is an integral function of the City’s Human Resources
organization and is generally responsible for all employee services, recruiting and
hiring, and HR programs. Human Resources has previously had the position, but
eliminated it as part of the budget reduction actions during 2009/2010. ($55,634;
General Fund)
o Parks
The City received 4-Culture and King Conservation District grants for
promoting local arts events and the International Farmer’s Market ($37,000;
General Fund)
Chainsaw carvings to turn downed trees from January storm damage to public art
work; Brannan, Game Farm, and Les Grove parks ($4,000; General Fund)
o Public Works / Streets
Additional funding provided for West Valley Highway asphalt reconstruction and
street chip seal projects, as authorized by Council ($185,000; Arterial Street
Preservation Fund)
Repair of traffic signal at 15th Street SW and West Valley Highway damaged by car
accident ($75,000; General Fund). Partially offset by $25,000 insurance recovery.
Increase annual roadway striping/marking budget to a level that will keep up with
deterioration ($100,000; General Fund)
Replacement of damaged guardrails, street lights, and stolen copper wiring
($100,000; General Fund)
DI.A Page 54 of 139
Table 1 below summarizes the 2012 budget, as amended, under this proposed Ordinance:
Table 1: 2012 Budget as Amended
2012 Approved Budget $245,105,986
Budget Amendment #8 (Ord #6410)
15,911,077
Budget as Amended $261,017,063
Attachments:
1. Proposed Ordinance #6410 (budget adjustment #8)
2. Summary of proposed 2012 budget adjustments by fund and department (Schedule A)
3. Summary of approved changes to adopted 2012 budget by fund (Schedule B)
DI.A Page 55 of 139
ORDINANCE NO. 6410
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6339, THE 2011-2012 BIENNIAL BUDGET ORDINANCE AS
AMENDED BY ORDINANCE NO. 6351, ORDINANCE NO.
6352, ORDINANCE NO. 6362, ORDINANCE NO. 6370,
ORDINANCE NO. 6378, ORDINANCE NO. 6379, AND
ORDINANCE NO. 6400, AUTHORIZING AMENDMENT TO
THE CITY OF AUBURN 2011-2012 BUDGET AS SET FORTH
IN SCHEDULE “A” AND SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of December 6,
2010, adopted Ordinance No. 6339 which adopted the City of Auburn 2011-2012
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of February 22,
2011, adopted Ordinance No. 6351 (BA#1) which amended Ordinance No. 6339
which adopted the City of Auburn 2011-2012 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of April 4, 2011,
adopted Ordinance No. 6352 (BA#2) which amended Ordinance No. 6351; and
WHEREAS, the Auburn City Council at its regular meeting of July 18, 2011,
adopted Ordinance No. 6362 (BA#3) which amended Ordinance No. 6352; and
WHEREAS, the Auburn City Council at its regular meeting of September 6,
2011 adopted Ordinance No. 6370 (BA#4) which amended Ordinance 6362; and
WHEREAS, the Auburn City Council at its regular meeting of December 5,
2011 adopted Ordinance No. 6378 (BA#5) which amended Ordinance 6370; and
WHEREAS, the Auburn City Council at its regular meeting of December 5,
2011 adopted Ordinance No. 6379 (BA#6) which amended Ordinance 6378; and
-------------------------
Ordinance No. 6410
May 29, 2012
Page 1 of 4 DI.A Page 56 of 139
WHEREAS, the Auburn City Council at its regular meeting of March 19,
2012 adopted Ordinance No. 6400 (BA#7) which amended Ordinance 6379; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2012 budget as outlined in this Ordinance (BA#8);
and
WHEREAS, this Ordinance has been approved by one more than the
majority of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2011-2012 Biennial Budget. The 2011-
2012 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule “A” attached
hereto and incorporated herein by reference. The Mayor of the City of Auburn,
Washington is hereby authorized to utilize revenue and expenditure amounts
shown on said Schedule “A” and Schedule “B”. A copy of said Schedule “A” and
Schedule “B” is on file with the City Clerk and available for public inspection.
Section 2. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held to be invalid, the
remainder of such code, ordinance or regulation or the application thereof to other
person or circumstance shall not be affected.
-------------------------
Ordinance No. 6410
May 29, 2012
Page 2 of 4 DI.A Page 57 of 139
-------------------------
Ordinance No. 6410
May 29, 2012
Page 3 of 4
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication as provided
by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
PETER B. LEWIS, MAYOR
ATTEST:
____________________________
Danielle E. Daskam
City Clerk
DI.A Page 58 of 139
-------------------------
Ordinance No. 6410
May 29, 2012
Page 4 of 4
APPROVED AS TO FORM:
____________________________
Daniel B. Heid
City Attorney
PUBLISHED:__________________
DI.A Page 59 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
General Fund (#001)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
General Fund
2012 Adopted Budget 10,487,938 49,252,800 54,612,340 5,128,398
BA#6 (Adopted ordinance #6379)1,064,250 798,500 1,839,080 23,670
BA#7 (Adopted ordinance #6400)152,700 168,820 648,310 (326,790)
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 4,533,183 4,533,183
-
Human Resources
Employment Manager (new FTE)55,634 (55,634)
Planning
Reduce Professional Services to fund transfer out to
Fund 321 for Auburn Environmental Park (AEP)
project increased costs.- (6,000) 6,000
Non Departmental
Transfer Out to Parks Construction Fund 321 for AEP
project increased costs 6,000 (6,000)
Transfer Out to Cumulative Reserve Fund 2,500,000 (2,500,000)
State Shared Revenues
Liquor Revenue Reduction for Excise Taxes - 1 Year
Revenue Suspension Effective July 1, 2012 (186,000) (186,000)
Liquor Profit Increase in Liquor Revolving Account for
Public Safety Purposes 56,000 56,000
One Time Disbursement from the Auction of State
Liquor Stores 180,000 180,000
Streamlined Sales Tax Mitigation (68,000) (68,000)
Municipal Criminal Justice Account (4,000) (4,000)
Reduce Motor Vehicle Fuel Tax revenue - to be
recorded in Fund 102 and Fund 120 (revenues
accounted for directly into these funds)(537,100) (537,100)
Reduce Transfer Out of MVFT to Fund 102 (530,000) 530,000
Reduce Transfer Out of MVFT to Fund 120 (7,100) 7,100
Police
Emergency Management Grant - GR1201 3,700 3,700 -
Emergency Management Grant - Resolution 4814 62,218 62,218 -
Adjustment to Reflect FEMA & State Grants related to
January Storm event per Res 4811 510 580 (70)
Photo Enforcement Revenue Reduction Due to
Recalibration of Red-Flex Program in School Zones (708,700) (708,700)
Parks
4Culture Grant for local arts 12,000 12,000 -
King Conservation District Grant for Auburn Farmers
Market educational/marketing efforts 20,000 20,000 -
Page 1 of 18DI.A Page 60 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Chainsaw carvings at Brannan, Game Farm, & Les
Grove parks 4,000 (4,000)
4Culture Grant for temporary art installation at City Hall
Plaza 5,000 5,000 -
Public Works
Repairs to damaged traffic signal - insurance recovery 25,000 25,000
Repairs to damaged traffic signal 75,000 (75,000)
Streets
Increase Roadway Striping budget 100,000 (100,000)
Replacement of damaged guardrails, street lights, and
stolen copper wiring 100,000 (100,000)
BA#8 Total 4,533,183 (1,139,372) 2,401,032 992,779
2012 Revised Budget 16,238,071 49,080,748 59,500,762 5,818,057
Total Resources / Expenditures 65,318,819 65,318,819
Page 2 of 18DI.A Page 61 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Arterial Street Fund (#102)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 265,018 14,715,500 14,806,900 173,618
BA#6 (Adopted ordinance #6379)982,406 (1,480,300) (826,100) 328,206
BA#7 (Adopted ordinance #6400)274,950 2,941,420 3,207,770 8,600
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 261,324 261,324
Reduce Transfer In of Motor Vehicle Fuel Tax from
General Fund (530,000) (530,000)
Recognize Motor Vehicle Fuel Tax revenue 530,000 530,000
BA#8 Total 261,324 - - 261,324
2012 Revised Budget 1,783,698 16,176,620 17,188,570 771,748
Total Resources / Expenditures 17,960,318 17,960,318
Local Street Fund (#103)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 1,095,806 2,155,000 2,000,000 1,250,806
BA#6 (Adopted ordinance #6379)(277,271) - 110 (277,381)
BA#7 (Adopted ordinance #6400)1,021,000 - 1,021,000 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 145,545 145,545
BA#8 Total 145,545 - - 145,545
2012 Revised Budget 1,985,080 2,155,000 3,021,110 1,118,970
Total Resources / Expenditures 4,140,080 4,140,080
Page 3 of 18DI.A Page 62 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Hotel Motel Fund (#104)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 15,726 79,400 85,000 10,126
BA#6 (Adopted ordinance #6379)(5,274) - - (5,274)
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 87,280 87,280
BA#8 Total 87,280 - - 87,280
2012 Revised Budget 97,732 79,400 85,000 92,132
Total Resources / Expenditures 177,132 177,132
Arterial Street Preservation Fund (#105)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 35,089 1,501,500 1,500,000 36,589
BA#6 (Adopted ordinance #6379)412,761 - - 412,761
BA#7 (Adopted ordinance #6400)66,500 - 66,500 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 790,019 790,019
Asphalt reconstruction for West Valley Hwy Imp.
project -cp0916 per change order #3 approved by
council on 5/7/12 160,000 (160,000)
Additional budget for the City's portion of a chip seal
project managed by City of Algona through interlocal
agreement on Res #4821 -5/21/2012 25,000 (25,000)
BA#8 Total 790,019 - 185,000 605,019
2012 Revised Budget 1,304,369 1,501,500 1,751,500 1,054,369
Total Resources / Expenditures 2,805,869 2,805,869
Page 4 of 18DI.A Page 63 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Drug Forfeiture Fund (#117)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 513,237 298,700 298,230 513,707
BA#6 (Adopted ordinance #6379)168,633 - - 168,633
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 266,750 266,750
Interlocal Partnership for Alive and Free Program. City
of Auburn to be Lead City on Program - Cost to City is
$30,000.30,000 (30,000)
BA#8 Total 266,750 - 30,000 236,750
2012 Revised Budget 948,620 298,700 328,230 919,090
Total Resources / Expenditures 1,247,320 1,247,320
Housing and Community Development Grant Fund (#119)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 66,876 450,000 439,220 77,656
BA#6 (Adopted ordinance #6379)(54,507) - (1,470) (53,037)
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 31,028 31,028
BA#8 Total 31,028 - - 31,028
2012 Revised Budget 43,397 450,000 437,750 55,647
Total Resources / Expenditures 493,397 493,397
Page 5 of 18DI.A Page 64 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Recreation Trails Fund (#120)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 15,377 7,200 - 22,577
BA#6 (Adopted ordinance #6379)- - - -
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (56) (56)
Reduce Transfer In of Motor Vehicle Fuel Tax from
General Fund (7,100) (7,100)
Recognize Motor Vehicle Fuel Tax revenue 7,100 7,100
BA#8 Total (56) - - (56)
2012 Revised Budget 15,321 7,200 - 22,521
Total Resources / Expenditures 22,521 22,521
Business Improvement Area Fund (#121)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 43,496 54,100 54,000 43,596
BA#6 (Adopted ordinance #6379)(34,827) - - (34,827)
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 12,931 12,931
BA#8 Total 12,931 - - 12,931
2012 Revised Budget 21,600 54,100 54,000 21,700
Total Resources / Expenditures 75,700 75,700
Page 6 of 18DI.A Page 65 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Cumulative Reserve Fund (#122)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 5,601,564 24,000 - 5,625,564
BA#6 (Adopted ordinance #6379)(369,882) - - (369,882)
BA#7 (Adopted ordinance #6400)26,520 - 226,520 (200,000)
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (220,777) (220,777)
Transfer In to Cumulative Reserve Fund to Replenish
Withdrawals from 2008-2012 2,500,000 2,500,000
BA#8 Total (220,777) 2,500,000 - 2,279,223
2012 Revised Budget 5,037,425 2,524,000 226,520 7,334,905
Total Resources / Expenditures 7,561,425 7,561,425
Mitigation Fees Fund (#124)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 1,665,773 902,000 1,120,700 1,447,073
BA#6 (Adopted ordinance #6379)78,393 - 537,000 (458,607)
BA#7 (Adopted ordinance #6400)796,640 - 796,640 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 1,297,346 1,297,346
BA#8 Total 1,297,346 - - 1,297,346
2012 Revised Budget 3,838,152 902,000 2,454,340 2,285,812
Total Resources / Expenditures 4,740,152 4,740,152
Page 7 of 18DI.A Page 66 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
1998 Library Bond Debt (#229)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 339,120 288,100 286,900 340,320
BA#6 (Adopted ordinance #6379)(292,062) - - (292,062)
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (1,304) (1,304)
BA#8 Total (1,304) - - (1,304)
2012 Revised Budget 45,754 288,100 286,900 46,954
Total Resources / Expenditures 333,854 333,854
2010 Annex A&B Bond Debt Fund (#230)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget - 1,696,100 1,696,100 -
BA#6 (Adopted ordinance #6379)- - - -
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 158 158
BA#8 Total 158 - - 158
2012 Revised Budget 158 1,696,100 1,696,100 158
Total Resources / Expenditures 1,696,258 1,696,258
Page 8 of 18DI.A Page 67 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
2010 C&D Local Revitalization Debt Fund (#231)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 62,700 595,600 595,400 62,900
BA#6 (Adopted ordinance #6379)13,901 - - 13,901
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (76,601) (76,601)
BA#8 Total (76,601) - - (76,601)
2012 Revised Budget - 595,600 595,400 200
Total Resources / Expenditures 595,600 595,600
LID Guarantee Fund (#249)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 52,500 500 11,000 42,000
BA#6 (Adopted ordinance #6379)1,087 - - 1,087
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 801 801
BA#8 Total 801 - - 801
2012 Revised Budget 54,388 500 11,000 43,888
Total Resources / Expenditures 54,888 54,888
Page 9 of 18DI.A Page 68 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
LID #250 (#250)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 447 55,600 55,500 547
BA#6 (Adopted ordinance #6379)- - - -
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (118) (118)
BA#8 Total (118) - - (118)
2012 Revised Budget 329 55,600 55,500 429
Total Resources / Expenditures 55,929 55,929
Municipal Park Construction Fund (#321)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 201,868 1,874,100 1,979,100 96,868
BA#6 (Adopted ordinance #6379)305,995 18,150,900 18,399,200 57,695
BA#7 (Adopted ordinance #6400)11,800 313,030 324,830 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 265,104 265,104
Transfer In from General fund for Auburn
Environmental Park project -C412a0 6,000 6,000 -
BA#8 Total 265,104 6,000 6,000 265,104
2012 Revised Budget 784,767 20,344,030 20,709,130 419,667
Total Resources / Expenditures 21,128,797 21,128,797
Page 10 of 18DI.A Page 69 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Capital Improvements Fund (#328)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 2,390,706 1,737,700 1,159,100 2,969,306
BA#6 (Adopted ordinance #6379)3,267,059 15,000 2,080,600 1,201,459
BA#7 (Adopted ordinance #6400)264,850 9,620 274,470 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 241,872 241,872
BA#8 Total 241,872 - - 241,872
2012 Revised Budget 6,164,487 1,762,320 3,514,170 4,412,637
Total Resources / Expenditures 7,926,807 7,926,807
Local Revitalization Fund (#330)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget - - - -
BA#6 (Adopted ordinance #6379)806,907 116,100 668,500 254,507
BA#7 (Adopted ordinance #6400)1,682,610 730,780 2,413,390 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (643,833) (643,833)
Adjust estimated Promenade Project expenses to actual (389,326) 389,326
BA#8 Total (643,833) - (389,326) (254,507)
2012 Revised Budget 1,845,684 846,880 2,692,564 -
Total Resources / Expenditures 2,692,564 2,692,564
Page 11 of 18DI.A Page 70 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Water Fund (#430)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 2,577,279 11,624,400 12,867,420 1,334,259
BA#6 (Adopted ordinance #6379)7,080,418 (1,153,750) 5,070,250 856,418
BA#7 (Adopted ordinance #6400)6,087,190 - 6,087,190 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 1,200,924 1,200,924
Utility Rate Study revenue 389,437 389,437
BA#8 Total 1,200,924 389,437 - 1,590,361
2012 Revised Budget 16,945,811 10,860,087 24,024,860 3,781,038
Total Resources / Expenditures 27,805,898 27,805,898
Page 12 of 18DI.A Page 71 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Sewer Fund (#431)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 3,172,444 18,361,600 20,472,820 1,061,224
BA#6 (Adopted ordinance #6379)6,184,655 75,600 627,000 5,633,255
BA#7 (Adopted ordinance #6400)1,983,510 - 1,983,510 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 1,465,918 1,465,918
Utility Rate Study revenue 738,869 738,869
BA#8 Total 1,465,918 738,869 - 2,204,787
2012 Revised Budget 12,806,527 19,176,069 23,083,330 8,899,266
Total Resources / Expenditures 31,982,596 31,982,596
Storm Drainage Fund (#432)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 1,842,732 7,923,300 8,323,710 1,442,322
BA#6 (Adopted ordinance #6379)3,804,846 (436,800) 2,506,530 861,516
BA#7 (Adopted ordinance #6400)1,607,510 - 1,607,510 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 1,846,912 1,846,912
Utility Rate Study revenue 89,042 89,042
BA#8 Total 1,846,912 89,042 - 1,935,954
2012 Revised Budget 9,102,000 7,575,542 12,437,750 4,239,792
Total Resources / Expenditures 16,677,542 16,677,542
Page 13 of 18DI.A Page 72 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Solid Waste Fund (#434)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 430,736 9,513,800 9,910,560 33,976
BA#6 (Adopted ordinance #6379)(41,736) 1,344,660 844,860 458,064
BA#7 (Adopted ordinance #6400)- - - -
- -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 243,263 243,263
Adjustment to Reflect Solid Waste Grants 4,600 4,600 -
Adjustment to Reflect FEMA & State Grants related to
January Storm event per Res 4811 68,630 78,640 (10,010)
BA#8 Total 243,263 73,230 83,240 233,253
2012 Revised Budget 632,263 10,931,690 10,838,660 725,293
Total Resources / Expenditures 11,563,953 11,563,953
Airport Fund (#435)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 578,532 652,380 738,610 492,302
BA#6 (Adopted ordinance #6379)336,137 - 250,440 85,697
BA#7 (Adopted ordinance #6400)6,180 87,140 193,620 (100,300)
13,300 (13,300)
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 40,784 40,784
Airport comprehensive plan update - FAA funding 202,500 202,500
Airport comprehensive plan update 225,000 (225,000)
BA#8 Total 40,784 202,500 225,000 18,284
2012 Revised Budget 961,633 942,020 1,407,670 495,983
Total Resources / Expenditures 1,903,653 1,903,653
Page 14 of 18DI.A Page 73 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Cemetery Fund (#436)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 146,198 942,600 1,075,880 12,918
BA#6 (Adopted ordinance #6379)60,431 - (34,590) 95,021
BA#7 (Adopted ordinance #6400)(148,100) 200,000 - 51,900
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 13,291 13,291
Adjustment to Reflect FEMA & State Grants related to
January Storm event per Res 4811 12,560 14,400 (1,840)
BA#8 Total 13,291 12,560 14,400 11,451
2012 Revised Budget 71,820 1,155,160 1,055,690 171,290
Total Resources / Expenditures 1,226,980 1,226,980
Golf Course Fund (#437)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 95,488 1,877,700 1,943,550 29,638
BA#6 (Adopted ordinance #6379)185,924 - (66,710) 252,634
BA#7 (Adopted ordinance #6400)- - (392,100) 392,100
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (213,092) (213,092)
Adjustment to Reflect FEMA & State Grants related to
January Storm event per Res 4811 9,850 11,550 (1,700)
BA#8 Total (213,092) 9,850 11,550 (214,792)
2012 Revised Budget 68,320 1,887,550 1,496,290 459,580
Total Resources / Expenditures 1,955,870 1,955,870
Page 15 of 18DI.A Page 74 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Insurance Fund (#501)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 2,348,069 3,800 58,700 2,293,169
BA#6 (Adopted ordinance #6379)(156,237) - - (156,237)
BA#7 (Adopted ordinance #6400)- - 145,000 (145,000)
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (7,152) (7,152)
BA#8 Total (7,152) - - (7,152)
2012 Revised Budget 2,184,680 3,800 203,700 1,984,780
Total Resources / Expenditures 2,188,480 2,188,480
Facilities Fund (#505)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 346,439 3,658,200 3,548,540 456,099
BA#6 (Adopted ordinance #6379)450,085 195,000 604,670 40,415
BA#7 (Adopted ordinance #6400)349,290 - 349,290 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 476,635 476,635
BA#8 Total 476,635 - - 476,635
2012 Revised Budget 1,622,449 3,853,200 4,502,500 973,149
Total Resources / Expenditures 5,475,649 5,475,649
Information Services Fund (#518)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 2,097,797 4,351,070 5,006,990 1,441,877
BA#6 (Adopted ordinance #6379)286,836 48,000 138,400 196,436
BA#7 (Adopted ordinance #6400)334,000 57,740 391,740 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 400,053 400,053
BA#8 Total 400,053 - - 400,053
2012 Revised Budget 3,118,686 4,456,810 5,537,130 2,038,366
Total Resources / Expenditures 7,575,496 7,575,496
Page 16 of 18DI.A Page 75 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Equipment Rental Fund (#550)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 2,858,954 3,073,250 3,098,660 2,833,544
BA#6 (Adopted ordinance #6379)803,831 - 101,840 701,991
BA#7 (Adopted ordinance #6400)1,499,530 - 1,499,530 -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance 630,850 630,850
BA#8 Total 630,850 - - 630,850
2012 Revised Budget 5,793,165 3,073,250 4,700,030 4,166,385
Total Resources / Expenditures 8,866,415 8,866,415
Fire Pension Fund (#611)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 2,732,932 90,000 147,450 2,675,482
BA#6 (Adopted ordinance #6379)(10,061) - 2,000 (12,061)
BA#7 (Adopted ordinance #6400)- - - -
-
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (56,340) (56,340)
BA#8 Total (56,340) - - (56,340)
2012 Revised Budget 2,666,531 90,000 149,450 2,607,081
Total Resources / Expenditures 2,756,531 2,756,531
Cemetery Endowment Fund (#701)
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 1,552,162 54,700 22,300 1,584,562
BA#6 (Adopted ordinance #6379)8,145 - - 8,145
BA#7 (Adopted ordinance #6400)- - - -
BA #8 (Proposed ordinance #6410)
Adjust 2012 Beginning Fund Balance (3,737) (3,737)
BA#8 Total (3,737) - - (3,737)
2012 Revised Budget 1,556,570 54,700 22,300 1,588,970
Total Resources / Expenditures 1,611,270 1,611,270
Page 17 of 18DI.A Page 76 of 139
Schedule A
Summary of 2012 Budget Adjustments by Fund
Budget Amendment # 8 Ordinance 6410
Grand Total - All Funds
Beg. Fund
Balance
2012
Revenues
2012
Expenditures
Ending Fund
Balance
2012 Adopted Budget 43,633,003 137,821,900 147,921,880 33,533,023
BA#6 (Adopted ordinance #6379)25,060,843 17,672,910 32,741,610 9,992,143
BA#7 (Adopted ordinance #6400)16,016,680 4,900,650 20,844,720 72,610
BA#8 (Proposed ordinance #6410)13,028,961 2,882,116 2,566,896 13,344,181
2012 Revised Budget 97,739,487 163,277,576 204,075,106 56,941,957
Total Resources / Expenditures 261,017,063 261,017,063
May 30, 2012
Prepared by Auburn Financial Planning
F:\Budget Directory\2012 Budget\Amendments\BA#8\Budget Adjustments Summary
Page 18 of 18DI.A Page 77 of 139
Schedule B
2012 Appropriations by Fund
2012 Appropriation Authority by Fund
Fund
2012 Adopted
Budget
BA#6
(Ord 6379)
BA#7
(Ord 6400)
BA#8
(Ord 6410)
Total
Amendments
2012 Revised
Budget
General Fund (#001)59,740,738 1,862,750 321,520 3,393,811 5,578,081 65,318,819
Arterial Street Fund (#102)14,980,518 (497,894) 3,216,370 261,324 2,979,800 17,960,318
Local Street Fund (#103)3,250,806 (277,271) 1,021,000 145,545 889,274 4,140,080
Hotel Motel Fund (#104)95,126 (5,274) - 87,280 82,006 177,132
Arterial Street Preservation Fund (#105)1,536,589 412,761 66,500 790,019 1,269,280 2,805,869
Drug Forfeiture Fund (#117)811,937 168,633 - 266,750 435,383 1,247,320
Housing and Community Development Grant Fund (#119)516,876 (54,507) - 31,028 (23,479) 493,397
Recreation Trails Fund (#120)22,577 - - (56) (56) 22,521
Business Improvement Area Fund (#121)97,596 (34,827) - 12,931 (21,896) 75,700
Cumulative Reserve Fund (#122)5,625,564 (369,882) 26,520 2,279,223 1,935,861 7,561,425
Mitigation Fees Fund (#124)2,567,773 78,393 796,640 1,297,346 2,172,379 4,740,152
1998 Library Fund (#229)627,220 (292,062) - (1,304) (293,366) 333,854
2010 Annex A&B Bond Debt Fund (#230)1,696,100 - - 158 158 1,696,258
2010 C&D Local Revitalization Debt Fund (#231)658,300 13,901 - (76,601) (62,700) 595,600
LID Guarantee Fund (#249)53,000 1,087 - 801 1,888 54,888
LID #250 (#250)56,047 - - (118) (118) 55,929
LID #350 (#275)7,200 - - - - 7,200
Municipal Park Construction Fund (#321)2,075,968 18,456,895 324,830 271,104 19,052,829 21,128,797
Capital Improvements Fund (#328)4,128,406 3,282,059 274,470 241,872 3,798,401 7,926,807
Local Revitalization Fund (#330)- 923,007 2,413,390 (643,833) 2,692,564 2,692,564
Golf Course Debt Service Fund (#417)- - 392,100 - 392,100 392,100
Water Fund (#430)14,201,679 5,926,668 6,087,190 1,590,361 13,604,219 27,805,898
Sewer Fund (#431)21,534,044 6,260,255 1,983,510 2,204,787 10,448,552 31,982,596
Storm Drainage Fund (#432)9,766,032 3,368,046 1,607,510 1,935,954 6,911,510 16,677,542
Solid Waste Fund (#434)9,944,536 1,302,924 - 316,493 1,619,417 11,563,953
Airport Fund (#435)1,230,912 336,137 93,320 243,284 672,741 1,903,653
Cemetery Fund (#436)1,088,798 60,431 51,900 25,851 138,182 1,226,980
Golf Course Fund (#437)1,973,188 185,924 - (203,242) (17,318) 1,955,870
Insurance Fund (#501)2,351,869 (156,237) - (7,152) (163,389) 2,188,480
Facilities Fund (#505)4,004,639 645,085 349,290 476,635 1,471,010 5,475,649
Information Services Fund (#518)6,448,867 334,836 391,740 400,053 1,126,629 7,575,496
Equipment Rental Fund (#550)5,932,204 803,831 1,499,530 630,850 2,934,211 8,866,415
Fire Pension Fund (#611)2,822,932 (10,061) - (56,340) (66,401) 2,756,531
Cemetery Endowment Fund (#701)1,606,862 8,145 - (3,737) 4,408 1,611,270
Total 181,454,903 42,733,753 20,917,330 15,911,077 79,562,160 261,017,063
May 30, 2012DI.A Page 78 of 139
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4797
Date:
May 30, 2012
Department:
Public Works
Attachments:
Resolution No. 4797
Amendment No. 1
Exhibit A
Exhibit B
Resolution No. 4338
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
MCI Communications, Services, Inc. (MCI), has applied for an amendment of their current Public Way Agreement
No 08-03 which was authorized by Resolution No. 4338 (please see attached document) to include facilities
previously authorized under Public Way Agreement No 96-07 which expired on December 16, 2011. MCI and the
City agree that combining both agreements would make it easier for them to administer the equipment and
facilities within the City. This amendment is for existing fiber optic conduit in the right of way along the Union
Pacific Rail Road (UPRR) between the north and south city limits shown on "Exhibit A".
The current Public Way Agreement was reviewed by city staff and the applicant and it was determined that the
agreement still meets the needs of the City and the applicant with only minor amendments to the agreement to
reflect the addition of the facilities in the right of way along the UPRR.
Resolution No. 4797 amends the current agreement, PWA 08-03, to reflect these changes and authorizes MCI's
fiber optic conduit to remain in the right-of-way per the conditions set forth in Amendment No. 1 (PWA 08-03A1)
upon filing with the City Clerk a Statement of Acceptance which is marked "Exhibit B".
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Mund
Meeting Date:June 11, 2012 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 79 of 139
--------------------------------------
Resolution No. 4797
May 17, 2012
Page 1 of 2
RESOLUTION NO. 4797
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE PUBLIC WAY AGREEMENT
NO. 08-03 BETWEEN THE CITY OF AUBURN AND
MCI COMMUNICATIONS SERVICES, INC.
WHEREAS, the City and MCI Communications Services, Inc. (“MCI”)
entered into Public Way Agreements in 1996 (PWA 96-07) and 2008 (PWA 08-
03); and
WHEREAS, the 1996 Agreement has a rolling five-year renewal period,
which period expired December 16, 2011; and
WHEREAS, it is in the public interest for the parties to enter into an
amendment to PWA 08-03 to combine all of MCI’s equipment and facilities into
one Public Way Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and the Auburn City Clerk are hereby
authorized to execute an amendment to PWA 08-03 between the City of Auburn
and MCI Communications Services, Inc. which amendment shall be in
substantial conformity with the agreement hereto, marked as Amendment No. 1
and incorporated herein by this reference.
DI.B Page 80 of 139
--------------------------------------
Resolution No. 4797
May 17, 2012
Page 2 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2012.
CITY OF AUBURN
_______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.B Page 81 of 139
PWA 08-03A1
May 17, 2012
Page 1 of 2
AMENDMENT NO. 1
ADDENDUM TO PWA 08-03 AGREEMENT
BETWEEN MCI COMMUNICATIONS SERVICES, INC. AND THE CITY OF AUBURN
RELATING TO PUBLIC WAY AGREEMENT
THIS AMENDMENT is made and entered into this day of ,
2012, by and between MCI Communications, Services, Inc., a Delaware corporation ("MCI”) and the
CITY OF AUBURN, a municipal corporation of the State of Washington ("CITY"), as an
amendment to the Agreement (“2008 Agreement”) between the parties for public way access
executed on the 28th day of April, 2008 (PWA 08-03).
RECITALS:
1. MCI’s predecessor in interest, WorldCom Network Services, Inc., and the City executed a
public right of way agreement (“1996 Agreement”) on December 17, 1996 (PWA 96-07), which
agreement allowed MCI to construct, replace, maintain, and use equipment and facilities for an
underground fiber optics trunk line within the City. The 1996 Agreement contained a rolling five-
year renewal period, the most recent of which expired on December 16, 2011.
2. The parties agree that combining the 1996 Agreement and the 2008 Agreement would
make it easier for them to administer the equipment and facilities within the City.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE as follows:
1. Exhibit “A” to PWA 08-03 is amended to include the facilities set forth on Exhibit A to
this Amendment.
2. This Amendment, and any rights granted hereunder, shall not become effective for any
purpose unless and until MCI files with the City Clerk the Statement of Acceptance within 30 days
after the effective date of the resolution approving this Amendment, attached hereto as Exhibit “B”
and incorporated herein by reference. The date that the Statement of Acceptance is filed with the
City Clerk shall be the effective date of this Amendment.
3. That all other provisions of PWA 08-03 shall remain unchanged, and in full force and
effect.
DI.B Page 82 of 139
PWA 08-03A1
May 17, 2012
Page 2 of 2
IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day and
year first above written.
MCI COMMUNICATIONS SERVICES, INC. CITY OF AUBURN
By: By: _________________________________
Its: Peter B. Lewis, Mayor
Witness: Attest:
By: By: _________________________________
Danielle E. Daskam. City Clerk
Approved as to form: Approved as to form:
______________________________________
Attorney for MCI Daniel B. Heid, City Attorney
DI.B Page 83 of 139
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Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
Map ID: 3899
MCI Fiber
01,1002,2003,3004,4005,500
FEETCity Hall
MCI Fiber (PWA 08-03)
MCI Fiber (PWA 96-07)
City of Auburn
Parks
Water Features
Printed On: 1/31/2012
DI.B Page 84 of 139
------------------------------
Resolution No 4797
May 17, 2012
Page 1 of 1
EXHIBIT “B”
STATEMENT OF ACCEPTANCE
MCI Communications Services, Inc., for itself, its successors and assigns, hereby
accepts and agrees to be bound by all terms, conditions and provisions of Amendment
No. 1 to PWA 08-03 attached hereto and incorporated herein by this reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________________)
)ss.
COUNTY OF ______________________)
On this ____ day of _______________, 2012, before me the undersigned, a Notary
Public in and for the State of _____________________, duly commissioned and sworn,
personally appeared, ______________________ of ________________________, the
company that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and
purposes therein mentioned, and on oath stated that he/she is authorized to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on
the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
DI.B Page 85 of 139
RESOLUTION NO4 3 3 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
PUBLIC WAY AGREEMENT BETWEEN THE CITY
OF AUBURN AND MCI COMMUNICATIONS
SERVICES INC
WHEREAS MCI Communications Services Inc has applied to the City
for a nonexclusive Public Way Agreement for the right of entry use and
occupation of certain public rightsofway within the City of Auburn expressly to
install construct erect operate maintain repair relocate and remove its
facilities in on upon along andor across those rightsofwayand
WHEREAS the City has reviewed MCI Communications Services
application and determined that the location of MCI Communications Services
facilities within the requested rightsofway is in the best interest of the City and
the citizens of Auburn
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
KING COUNTY WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute a Public Way Agreement between the City of
Auburn and MCI Communications Services Inc which agreement shall be in
Resolution No 4338
March 31 2008
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substantial conformity with the Agreement a copy of which is attached hereto
marked as Exhibit 1 and incorporated herein by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 This resolution shall be in full force and effect upon
passage and signatures hereon
Dated and Signed this 1 day of 2008
1
P TER B LEWIS
MAYOR
ATTEST
Dani E Daskam City Clerk
Resolution No 4338
March 31 2008
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CITY OF AUBURN PUBLIC WAY AGREEMENT WITH MCI
COMMUNICATIONS SERVICES INC
This Public Way Agreement is entered into by and between the City of
Auburn Washington a municipal corporation City and MCI Communications
Services Inc a Delaware corporation Grantee
WHEREAS Grantee has applied to the City for a nonexclusive Public
Way Agreement for the right of entry use and occupation of certain public
rightsofwaywithin the City of Auburn expressly to install construct erect
operate maintain repair relocate and remove its facilities in on upon along
andor across those rightsofwayand
WHEREAS the City has reviewed the Grantees application and
determined that the location of Grantees facilities within the requested rights
ofway is in the best interest of the City and the citizens of Auburn
NOW THEREFORE in consideration of the mutual benefits and
conditions set forth below the parties hereto agree as follows
Section 1 Notice
A Written notices to the parties shall be sent by certified mail to the
following addresses unless a different address shall be designated in writing and
delivered to the other party
City RightofWay Manager
City of Auburn
25 West Main Street
Auburn WA 980014998
Telephone 253 9313010 Fax 253 9313048
with a copy to City Clerk
City of Auburn
25 West Main Street
Auburn WA 980014998
Grantee MCI Communications Services Inc
Attn Manager Municipal Affairs
2400 N Glenville Dr
Richardson TX 75082
Resolution No 4338
Exhibit 1
April 15 2008
Page 1
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With a copy to Verizon Business Legal and External Affairs
Attn Associate General Counsel
205 North Michigan Ave
Sixth Floor
Chicago IL 60601
B Any changes to the abovestated Grantee information shall be sent
to the Citys RightofWay Manager with copies to the City Clerk referencing the
title of this agreement
C The abovestated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours of 8 AM to 5 PM Pacific
Standard time
Section 2 Grant of Right to Use Public Way
A Subject to the terms and conditions stated herein the City grants to
the Grantee general permission to enter use and occupy the rightsofway
specified in Exhibit A attached hereto and incorporated by reference the
Public Way The Grantee shall place Grantee Facilities within the City Conduit
Route set forth in Exhibit A unless the Grantee determines that the route is
impracticable for such use in which case the Grantee shall place Grantee
Facilities within the Qwest Conduit Route set forth in Exhibit A Should the
Grantee and the City agree that neither of these routes are practicable the
Grantee shall place Grantee Facilities along an alternate route within the Public
Way which may consist of the New Conduit Route set forth in Exhibit A or a
mutually agreeable route including a portion of the New Conduit Route and
portions of the City and Qwest Conduit Routes the use of which shall be on
terms mutually agreeable between the conduit owner and the Grantee The
routes shall be subject to the following additional terms
1 City Conduit Route Should the Grantee choose to make
use of existing City conduit the City shall then make one 1 conduit of one and
one quarter inches 1 14 in size available to Grantee along that route at a rate
of ThirtyFive Cents 035 per lineal foot of conduit per year The Grantee shall
place for the City a mutually agreed upon amount of twentyfour 24 strand
optical cable into City conduit along the route For those portions of the City
Conduit Route in which the Grantee will construct new conduit the Grantee shall
construct for the City and connect to existing City conduits one 1 three inch
3 conduit along with related structures necessary to access the conduit New
City Conduit that shall be in addition to any conduits to be owned or used by
Grantee The New City Conduit is provided as consideration for leasing existing
City conduit and is not subject to the provisions of RCW 3599070 The parties
Resolution No 4338
Exhibit 1
April 15 2008
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agree to negotiate in good faith an agreement encompassing the terms of this
subsection and any other mutually agreeable terms
2 Qwest Conduit Route Should the Grantee choose to make
use of Qwests existing conduit and should the Grantee be constructing new
conduit along any portion of that route the City may require the Grantee to install
for the City one 1 three inch 3 conduit along with related structures
necessary to access the conduit The Grantee shall charge its incremental costs
in installing said conduit to the City Conduit provided pursuant to this
subsection is subject to the provisions of RCW 3599070 and the parties agree
that they shall negotiate in good faith an agreement meeting the requirements of
RCW 8036150 that establishes the incremental costs of providing the new City
conduits the specific equipment required by the City and any other terms
mutually agreeable to the parties or required under RCW 3599070
3 New Conduit Route Should the Grantee choose to
construct new conduit along the New Conduit Route the Grantee shall install for
the City one 1 three inch 3 conduit along with related structures necessary
to access the conduit The Grantee shall charge its incremental costs in
installing said conduit to the City Conduit provided pursuant to this subsection is
subject to the provisions of RCW 3599070 and the parties agree that they shall
negotiate in good faith an agreement meeting the requirements of RCW
8036150 that establishes the incremental costs of providing the new City
conduits the specific equipment required by the City and any other terms
mutually agreeable to the parties or required under RCW 3599070
4 Alternate Route Should the Grantee and the City agree
to an alternate route using portions of the City Conduit Route the Qwest Conduit
Route andor the New Conduit Route the terms of the New Conduit Route shall
apply to all newly constructed conduit along the alternate route and the Grantee
shall provide optical cable to the City along the alternate route per the provisions
of the City Conduit Route
B The Grantee is authorized to install remove construct erect
operate maintain relocate and repair the facilities specified in Exhibit B
attached hereto and incorporated by reference and all necessary appurtenances
thereto Grantee Facilities for provision of lawful communications including
without limitation long distance voice and data communications and other lawful
communications as disclosed to the City from time to time Grantee Services
in along under and across the Public Way for the sole purpose of providing
commercial utility or telecommunications services to persons or areas outside
the City
C This Public Way Agreement does not authorize the use of the
Public Way for any facilities or services other than Grantee Facilities and
Resolution No 4338
Exhibit 1
April 15 2008
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Grantee Services and it extends no rights or privilege relative to any facilities or
services of any type including Grantee Facilities and Grantee Services
elsewhere within the City
D This Public Way Agreement is nonexclusive and does not prohibit
the City from entering into other agreements including Public Way Agreements
impacting the Public Way unless the City determines that entering into such
agreements interferes with Granteesright set forth herein
E Except as explicitly set forth herein this Public Way Agreement
does not waive any rights that the City has or may hereafter acquire with respect
to the Public Way or any other City roads rightsofway property or any portions
thereof This Public Way Agreement shall be subject to the power of eminent
domain and in any proceeding under eminent domain the Grantee
acknowledges its use of the Public Way shall have no value
F The City reserves the right to change regrade relocate abandon
or vacate the Public Way If at any time during the term of this Public Way
Agreement the City vacates any portion of the Public Way the City shall reserve
an easement for public utilities within that vacated portion pursuant to RCW
3579030 within which the Grantee may continue to operate the Grantee
Facilities under the terms of this Public Way Agreement for the remaining period
set forth under Section 3
G The Grantee agrees that its use of Public Way shall at all times be
subordinated to and subject to the City and the publics need for municipal
infrastructure travel and access to the Public Way except as may be otherwise
required by law
H Should the Grantee seek to
services including Grantee Services to
Grantee shall apply for obtain and comply
agreement for such use
Section 3 Term of Agreement
use the Public Way to provide
City residents or businesses the
with the terms of a City franchise
A This Public Way Agreement shall run for a period of five 5 years
from the date of execution specified in Section 5
B Renewal Option of Term The Grantee may renew this Public Way
Agreement for an additional five 5 year period upon submission and approval
of the application specified under ACC 2004120 as it now exists or is
amended within the timeframe set forth therein currently 180 to 120 days prior
to expiration of the thencurrent term Any materials submitted by the Grantee
for a previous application may be considered by the City in reviewing a current
Resolution No 4338
Exhibit 1
April 15 2008
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application and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services or to reflect specific reporting periods mandated by the ACC
Section 4 Definitions
For the purpose of this agreement
ACC means the Auburn City Code
Emergency means a condition of imminent danger to the health safety and
welfare of Persons or property located within the City including without limitation
damage to Persons or property from natural consequences such as storms
earthquakes riots acts of terrorism or wars
Maintenance or Maintain shall mean examining testing inspecting repairing
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation
Relocation means permanent movement of Grantee facilities required by the
City for City purposes and not temporary or incidental movement of such
facilities or other revisions Grantee would accomplish and charge to third parties
without regard to municipal request
RightsofWay means the surface and the space above and below streets
roadways highways avenues courts lanes alleys sidewalks easements
rightsofways and similar public properties and areas
Section 5 Acceptance of Public Way Agreement
A This Public Way Agreement and any rights granted hereunder
shall not become effective for any purpose unless and until Grantee files with the
City Clerk 1 the Statement of Acceptance attached hereto as Exhibit C and
incorporated by reference 2 all verifications of insurance coverage specified
under Section 15 and 3 the financial guarantees specified in Section 16
collectively Public Way Acceptance The date that such Public Way
Acceptance is filed with the City Clerk shall be the effective date of this Public
Way Agreement
B Should the Grantee fail to file the Public Way Acceptance with the
City Clerk within thirty 30 days after the effective date of the resolution
approving the Public Way Agreement said agreement will automatically
terminate and shall be null and void
Resolution No 4338
Exhibit 1
April 15 2008
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Section 6 Construction and Maintenance
A The Grantee shall apply for obtain and comply with the terms of all
permits required under ACC Chapter 1224 for any work done upon Grantee
Facilities Grantee shall comply with all applicable City State and Federal codes
rules regulations and orders in undertaking such work which shall be done in a
thorough and proficient manner
B Grantee agrees to coordinate its activities with the City and all other
utilities located within the Public Way
C The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the Public Way and may from time to
time pursuant to the applicable sections of this Public Way Agreement require
the removal relocation andor replacement thereof in the public interest and
safety at the expense of the Grantee
D Before commencing any work within the Public Way the Grantee
shall comply with the One Number Locator provisions of RCW Chapter 19122 to
identify existing utility infrastructure
Section 7 Repair and Emergency Work
In the event of an emergency the Grantee may commence such repair
and emergency response work as required under the circumstances provided
that the Grantee shall notify the City RightofWay Manager in writing as
promptly as possible before such repair or emergency work commences or as
soon thereafter as possible if advance notice is not practicable The City may
act at any time without prior written notice in the case of emergency but shall
notify the Grantee in writing as promptly as possible under the circumstances
Section 8 Damages to City and ThirdParty Property
Grantee agrees that should any of its actions under this Public Way
Agreement impairs or damages any City property survey monument or property
owned by a thirdparty Grantee will restore at its own cost and expense said
property to a safe condition Such repair work shall be performed and completed
to the satisfaction of the City Engineer
Section 9 Location Preference
A Any structure equipment appurtenance or tangible property of a
privatelyowned utility other than the Grantees which was installed constructed
completed or in place prior in time to Granteesapplication for a permit to construct
Resolution No 4338
Exhibit 1
April 15 2008
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or repair Grantee Facilities under this Public Way Agreement shall have
preference as to positioning and location with respect to the Grantee Facilities
However to the extent that the Grantee Facilities are completed and installed prior
to new or additional structures equipment appurtenances or tangible property of
an earlier privatelyowned utility being installed or completed then the Grantee
Facilities shall have priority These rules governing preference shall continue in the
event of the necessity of relocating or changing the grade of any such City road or
rightofway A relocating utility shall not necessitate the relocation of another
utility that otherwise would not require relocation This Section shall not apply to
any City facilities or utilities that may in the future require the relocation of Grantee
Facilities Such relocations shall be governed by Section 11
B Grantee shall maintain a minimum underground horizontal
separation of five 5 feet from City water facilities and ten 10 feet from above
ground City water facilities provided that for development of new areas the
City together with Grantee and other utility purveyors or authorized users of the
Pubic Way will develop and follow the Public Works Directors determination of
a consensus for guidelines and procedures for determining specific utility
locations subject additionally to this agreement and to a Franchise agreement
should one become necessary
Section 10 Grantee Information
A Grantee agrees to supply at no cost to the City such information as
the Director of Public Works or RightofWay Manager find necessary to
coordinate municipal functions with Granteesactivities and to fulfill any municipal
obligations under state law Said information shall include at a minimum quarterly
statements due on the first day of January April July and October of each year
detailing any changes in the information submitted as part of GranteesPublic Way
Agreement application as set forth in Exhibit D attached hereto and incorporated
by reference asbuilt drawings of Grantee Facilities installation inventory and
maps and plans showing the location of existing or planned facilities within the
City Said information may be requested either in hard copy andor electronic
format compatible with the Citys data base system as now or hereinafter existing
including the Citys geographic information Service GIS data base Grantee shall
keep the RightofWay Manager informed of its longrange plans for coordination
with the Citys longrange plans
B The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City Accordingly
the parties agree to work together to avoid disclosures of information which would
result in economic loss or damage to Grantee because of mandatory disclosure
requirements to third persons In the event the parties cannot agree the dispute
shall be submitted to the City Hearing Examiner subject to the record before the
Resolution No 4338
Exhibit 1
April 15 2008
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Hearings Examiner Notwithstanding this option Grantee shall indemnify and hold
harmless the City for any loss or liability for costs for attorneys fees because of
nondisclosures requested by Grantee under Washingtonsopen public records
law provided reasonable notice and opportunity to defend was given to Grantee or
Grantee is made aware of the pending of a request or claim
Section 11 Relocation of Grantee Facilities
A Except as otherwise so required by law Grantee agrees to
relocate remove or reroute its facilities at its sole expense and liability and at no
expense or liability to the City except as may be required by RCW Chapter
3599 as ordered by the City Engineer for City purposes and upon sixty 60
days written notice from the City Pursuant to the provisions of Section 14
Grantee agrees to protect and save harmless the City from any customer or
thirdparty claims for service interruption or other losses in connection with any
such change relocation abandonment or vacation of the Public Way
B In the event that the Public Way shall become a Primary State
Highway as provided by law the State Department of Transportation may order
the Grantee to perform or undertake at its sole expense changes to the location
of Grantee Facilities so that the same shall not interfere with such state highway
and so that such facilities shall conform to such new grades or routes as may be
established
C If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City that party shall pay
the Grantee the actual costs thereof
Section 12 Abandonment and or Removal of Grantee Facilities
A Within one hundred and eighty 180 days of Grantees permanent
cessation of use of the Grantee Facilities or any portion thereof the Grantee shall
at the Citys discretion either abandon in place or remove the affected facilities
B The parties expressly agree that this Section shall survive the
expiration revocation or termination of this Public Way Agreement
Section 13 Undergrounding
A The parties agree that this Public Way Agreement does not limit the
Citys authority under federal law state law or the ACC to require the
undergrounding of utilities
B Whenever the City requires the undergrounding of aerial utilities in
the Public Way the Grantee shall underground the Grantee Facilities in the
Resolution No 4338
Exhibit 1
April 15 2008
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manner specified by the City Engineer and where other utilities are present and
involved in the undergrounding project Grantee shall only be required to pay its
fair share of common costs borne by all utilities in addition to the costs
specifically attributable to the undergrounding of Grantee Facilities Common
costs shall include necessary costs for common trenching and utility vaults Fair
share shall be determined in comparison to the total number and size of all other
utility facilities being undergrounded
Section 14 Indemnification and Hold Harmless
A The Grantee shall defend indemnify and hold the City and its
officers officials agents employees and volunteers harmless from any and all
costs claims injuries damages losses suits or liabilities of any nature
including attorneys fees arising out of or in connection with the Grantees
performance under this Public Way Agreement except to the extent such costs
claims injuries damages losses suits or liabilities are caused by the
negligence of the City
B The Grantee shall hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
maintenance andor construction work performed by or on behalf of the City
within the Public Way or any other City road rightofway or other property except
to the extent any such damage or loss is directly caused by the negligence of the
City or its agent performing such work
C The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting emergency rescue public safety
or similar duties within the City has the capability to provide trench close trench
or confined space rescue The Grantee and its agents assigns successors or
contractors shall make such arrangements as Grantee deems fit for the
provision of such services The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the Citys failure or inability to provide such services and pursuant to the terms
of Section 14A the Grantee shall indemnify the City against any and all third
party costs claims injuries damages losses suits or liabilities based on the
Citys failure or inability to provide such services
D Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 424115 then in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Grantee and the City its officers
officials employees and volunteers the Grantees liability hereunder shall be
only to the extent of the Grantees negligence It is further specifically and
expressly understood that the indemnification provided herein constitutes the
Resolution No 4338
Exhibit 1
April 15 2008
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Citys and Grantees waivers of immunity under Industrial Insurance Title 51
RCW solely for the purposes of the indemnifications set forth in this Section 14
This waiver has been mutually negotiated by the parties The provisions of this
section shall survive the expiration or termination of this Agreement
E Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section
Section 15 Insurance
A The Grantee shall procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damage to
property which may arise from or in connection with activities or operations
performed by or on the Grantees behalf with the issuance of this Agreement
Grantee shall obtain insurance of the type described below
1 Automobile Liability insurance covering all owned non
owned hired and leased vehicles with a minimum combined single limit for
bodily injury and property damage of 1000000 per accident Coverage shall
be written on Insurance Services Office ISO form or a substitute form providing
equivalent liability coverage
2 Commercial General Liability insurance with combined
single limits no less than 1000000 each occurrence 2000000 general
aggregate and a 2000000 productscompleted operation aggregate limit
Coverage shall be written on ISO occurrence form or equivalent and shall cover
liability arising from premises operations independent contractors products
completed operations and personal injury and advertising injury and contractual
liability Limits can be satisfied by a combination of commercial general liability
and Excess Liability There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion
collapse or underground property damage The City shall be named as an
additional insured as their interest may appear under the Grantees Commercial
General Liability insurance policy with respect to the work performed under this
Public Way Agreement
3 Professional Liability insurance with limits no less than
1000000per claim and aggregate
4 Workers Compensation coverage as required by the
Industrial Insurance laws of the State of Washington Employers Liability
1000000 each accidentdiseasepolicy limit Stop Gap Liability included in
EmployersLiability
Resolution No 4338
Exhibit 1
April 15 2008
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B The insurance policies are to contain or be endorsed to contain
the following provisions for Automobile Liability and Commercial General
Liability insurance
1 The Grantees insurance coverage shall be primary
insurance as respects the City Any insurance selfinsurance or insurance pool
coverage maintained by the City shall be in excess of the Grantees insurance
and shall not contribute with it
C Acceptability of Insurers Insurance is to be placed with insurers
with a current AM Best rating of not less than AVII
D Verification of Coverage Grantee shall furnish the City with
original certificates and a copy of the mandatory endorsements including the
additional insured endorsement evidencing the insurance requirements of the
Grantee before commencement of the work The certificates shall contain a
provision stating that the insurer or its authorized representative shall endeavor
to provide thirty 30 days prior written notice by certified mail return receipt
requested has been given by the City
E Grantee shall have the right to selfinsure any or all of the above
required insurance
F Granteesmaintenance of insurance as required by this Agreement
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance or otherwise limit the Citys recourse to any remedy to which the
City is otherwise entitled at law or in equity
Section 16 Performance Security
Pursuant to ACC Chapter 2010 the Grantee shall provide the City with a
financial guarantee as specified in ACC Section 2010250 in a form and
substance acceptable to the City securing the Granteesfaithful compliance with
the terms of this Public Way Agreement Such guarantee shall be in the amount
of Fifty Thousand dollars 5000000
Section 17 Successors and Assignees
A All the provisions conditions regulations and requirements herein
contained shall be binding upon the successors assigns of and independent
contractors of the Grantee and all rights and privileges as well as all obligations
and liabilities of the Grantee shall inure to its successors assignees and
Resolution No 4338
Exhibit 1
April 15 2008
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contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned
B This public way agreement shall not be leased assigned or
otherwise alienated without the express consent of the City by resolution which
approval shall not be unreasonably withheld
C Grantee and any proposed assignee or transferee shall provide
and certify the following to the City not less than one hundred twenty 120 days
prior to the proposed date of transfer a Complete information setting forth the
nature term and conditions of the proposed assignment or transfer b All
information required by the City of an applicant for a Public Way Agreement with
respect to the proposed assignee or transferee and c An application fee which
shall be set by the City plus any other costs actually and reasonably incurred by
the City in processing and investigating the proposed assignment or transfer
Section 18 Dispute Resolution
A In the event of a dispute between the City and the Grantee arising
by reason of this Agreement the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement The officers or representatives shall
meet within fifteen 15 calendar days of either partys request for a meeting
whichever request is first and the parties shall make a good faith effort to
achieve a resolution of the dispute
B If the parties fail to achieve a resolution of the dispute in this
manner either party may then pursue any available judicial remedies This
Public Way Agreement shall be governed by and construed in accordance with
the laws of the State of Washington In the event any suit arbitration or other
proceeding is instituted to enforce any term of this Agreement the parties
specifically understand and agree that venue shall be exclusively in King County
Washington The prevailing party in any such action shall be entitled to its
attorneys fees and costs of suit which shall be fixed by the judge hearing the
case and such fees shall be included in the judgment
Section 19 Enforcement and Remedies
A If the Grantee shall willfully violate or fail to comply with any of
the provisions of this Public Way Agreement through willful intent or gross
negligence or should it fail to heed or comply with any notice given to Grantee
under the provisions of this agreement the City may at its discretion provide
Grantee with written notice to cure the breach within thirty 30 days of
notification If the City determines the breach cannot be cured within thirty
Resolution No 4338
Exhibit 1
April 15 2008
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days the City may specify a longer cure period and condition the extension of
time on Grantees submittal of a plan to cure the breach within the specified
period commencement of work within the original thirty day cure period and
diligent prosecution of the work to completion If the breach is not cured within
the specified time or the Grantee does not comply with the specified
conditions the Grantee and its successors or assignees shall forfeit all rights
conferred hereunder and the Public Way Agreement may be revoked or
annulled by the City with no further notification
B Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services the
City reserves the right to cancel this Public Way Agreement upon thirty days 30
written notice to Grantee and require the Grantee to apply for obtain and
comply with all applicable City permits franchises or other City permissions for
such actions and if the Granteesactions are not allowed under the Auburn City
Code to compel Grantee to cease such actions
Section 20 Compliance with Laws and Regulations
A This Public Way Agreement is subject to and the Grantee shall
comply with all applicable federal and state or City laws regulations and policies
including all applicable elements of the Citys comprehensive plan in
conformance with federal laws and regulations affecting performance under this
Public Way Agreement Furthermore notwithstanding any other terms of this
agreement appearing to the contrary the Grantee shall be subject to the police
power of the City to adopt and enforce general ordinances necessary to protect
the safety and welfare of the general public in relation to the rights granted in the
Public Way
B The City reserves the right at any time to amend this Public Way
Agreement to conform to any hereafter enacted amended or adopted federal
or state statute or regulation relating to the public health safety and welfare
or relating to roadway regulation or a City Ordinance enacted pursuant to such
federal or state statute or regulation upon providing Grantee with thirty 30
days written notice of its action setting forth the full text of the amendment and
identifying the statute regulation or ordinance requiring the amendment Said
amendment shall become automatically effective upon expiration of the notice
period unless before expiration of that period the Grantee makes a written call
for negotiations over the terms of the amendment If the parties do not reach
agreement as to the terms of the amendment within thirty 30 days of the
initial notice the City may enact the proposed amendment by incorporating the
Granteesconcerns to the maximum extent the City deems possible
Resolution No 4338
Exhibit 1
April 15 2008
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C The City may terminate this Public Way Agreement upon thirty 30
days written notice to the Grantee if the Grantee fails to comply with such
amendment or modification
Section 21 License Tax and Other Charges
This Public Way Agreement shall not exempt the Grantee from any future
license tax or charge which the City may hereinafter adopt pursuant to authority
granted to it under state or federal law for revenue or as reimbursement for use
and occupancy of public ways
Section 22 Consequential Damages Limitation
Notwithstanding any other provision of this Agreement in no event shall
either party be liable for any special incidental indirect punitive reliance
consequential or similar damages
Section 23 Severability
If any portion of this Public Way Agreement is deemed invalid the
remainder portions shall remain in effect
Section 24 Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Public Way Agreement
DATED and SIGNED this l day of 2VY
PETER B LEWIS
MAYOR
Resolution No 4338
Exhibit 1
April 15 2008
Page 14
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ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
dniel B Heid
ity Attorney
Resolution No 4338
Exhibit 1
April 15 2008
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Resolution No 4338
Exhibit IAA pq 1
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Resolution No 433E
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Exhibit B
Resolution No 4338
Grantee Facilities Services
MCI Communications Services Inc MCI is a registered telecommunication
company authorized to provide long distance services in the State of Washington
by the Washington Utilities and Transportation Committee The proposed project
will expand MCIs telecommunication network from the Burlington Northern and
Santa Fe Railroad rightofway to the existing Qwest Central Office located at 10
Second Street SE The long distance network will not access any customers in
the City of Auburn and will merely replace an existing leased third party network
from the existing MCI network on the railroad rightofway to the Qwest Central
Office
Construction will be managed by the City through the utilization of a construction
permit
DI.B Page 105 of 139
EXHIBIT D
Resolution No 4338
APPLICANT INFORMATION
Identity of Applicant including all affiliates
MCI Communications Services Inc A subsidiary of Verizon
Primary contact
Name Jeff Markiewicz Municipal Affairs
Address 2400 N Glenville Drive Richardson Texas 75082
phone number 9727297575
fax number 9727296700
email address jeffmarkiewicz@verizonbusinesscom
Marketing contact
Name wwwverizonbusinesscom
Address 18772977816
phone number
fax number
email address
Customers using the Applicants Facility
Facilities do not provide customer network access points
Primary contact
Name
Address
phone number
fax number
email address
Other parties owning lines within the facility
No other parties own lines within the MCI facilities
Primary contact
Name
Address
phone number
fax number
email address
Version Date 03192008
PUBLIC WAY AGREEMENT
Pagel
DI.B Page 106 of 139
EXHIBIT D Continued
Resolution No 4338
Marketing contact
Name
Address
phone number
fax number
email address
System Information
Location and route of the facility Various City streets Exhibit A
Location of interconnection with other telecommunication providers Qwest Central Office
located at 10 Second Street SE
Location of handholds manholes and other potential access points for local customers within 5
miles of city limits MCIslong distance network does not provide access points directly to local
customers within 5 miles of the City limits
Description of the type of line used to provide the service Fiber Cable etc 24 fiber optic
cable
Description of the facility conduits ducts size configuration A single 4inch HDPE conduit
occupied by 3 125inchsubducts 1 occupied by the cable
Number of lines in the facility 1 subduct occupied 2 spare
Capacity of the lines 24 fibers
Excess capacity number of unused conduits and unused dark fiber 2 125inch subducts
spare
For existing facilities excess capacity after installation of applicants facilities NA
Information about the Service
Description of the type of telecommunications services that are or will
be provided voice video data etc Long distance telecommunications services as authorized
by the Washington Utilities and Transportation Utilities Committee
Version Date 03192008
PUBLIC WAY AGREEMENT
Page 2
DI.B Page 107 of 139
EXHIBIT "C'
STATEMENT OF ACCEPTANCE
MCI Communications Services, lnc., for itself, its successors and assigns, hereby
accepts and agrees to be bound by all laMul terms, conditions and provisions of
the Public Way Agreement attached hereto and incorporated herein by this
reference.
Date: {. aA-ne
STATE OF -TEYffi
couNrY orD.ww l"
on this fuv ot me the undersigned, a
Notary Public in and for,,duly commissioned and sworn,
personally appeared,of MCI Communications Services.
lnc., the company that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of
said company, for the uses and purposes therein mentioned, and on oath stated
that he/she is authorized to execute said instrument.
lN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
fiR"
NOTARY PUBLIC in and for the
Tgf , residing at
MYCOMMISSION EXPTRESM
Version Date: 04/1 5/2008
PUBLIC WAY AGREEMENT
Page 15
Services, Inc.
cEIJAH.P(NE
MY COmTBSOI{ EXPTRES
DI.B Page 108 of 139
Performance Bond (Rights-of-Way)
Amount: $50.000.00 Bond No. 6547679
KNOW ALL MEN BY THESE PRESENTS:
That we, MCI Communications Services. Inc." 2400 North Glenville Drive. Richardson"
TX75082 as Principal, and Safeco Insurance Company of America. Safeco Plaza.
Seattle. WA 98185 , as Surety, are held and firmly bound City of Auburn. Washington
_, as Obligee, in the sum of (Fifty Thousand ) and 00/100 Dollars( $50.000.00
_) for the payment of which we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally, by these presents.
WHEREAS, the Ptincipal is required by the City of Auburn, WA code ACC Section
20.10.250, in effect at the effective date of this bond, to post this bond regarding the
Public Way Agreement gtanted to MCI Communications Services, Inc. to install,
construct, efect, opefate, maintain, repair, relocate and temove its facilities in, on,
upon, along and./ot across those right(s)-of-way within the ( City of Auburn, WA
) affected by the installation of fibet optic telecommunications. Facilities
shall include, but not be limited to, toadways, cutbs, sidewalks, sewer lines, culvefts,
inlet, drzrinage facilities, signs, landscapingr and the like, as a condition for granting
agreement between (City of Auburn, WA ) and (MCI Communications Services.
Inc. ).
WHEREAS, the Obl.igee has agreed to accept this bond as security for performance
of Principal's obligations undet said agreement:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if
the Principal shall faithfully perform its obligations under said agreement, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED HOWEVER, that this bond is executed subject to the following express
provisions and conditions:
1,. In the event of default by the Principal, Obligee shall delivet to Surety a written
statement of the details of such default within 30 days after the Obligee shall learn of the
same, such notice to be deliveted by cetified mail to address of said Surety as stated
herein.
2. This bond may be terminated or canceled by surety by go-g not less than sixty (60) days
written notice to the Obligee, stating therein the effective date of such termination or
cancellation. Such notice shall not limit or terminate any obligations resulting from
default by the Principal that may have accrued under this bond prior to the effective date
of such termination.
DI.B Page 109 of 139
3. Neithet cancellation nor termination of this bond by Suety, not inability of Principal to
file a replacement bond or replacement secutity for its obligations, shall constitute a loss
to the Obligee tecoverable undet this bond.
4. No dght of action shall accrue on this bond fot the use of any person, corporation or
entity other than the Obligee named herein or the heits, executors, adminisftators ot
successors of the Obligee.
5. The aggtegate liability of the surety is limited to the penal sum stated herein regardless of
the number of yeats this bond remains in fotce or the amount ot number of claims
brought against this bond.
This bond shall not bind the Sutety unless it is accepted by the Obtgee by signing
below.
IN WITNESS WHEREOF, the above bounded Principal and Surety have heteunto
signed and sealed this bond effective this 17th day of March , 2008.
MCI Communications Senrices, Inc.Safeco Insutance Company of America
Accepted by Obligee:
(Signature date above - Print Name, Title below)
By'
J y'Kel Hartnet t'ant Treasurer
insurance p
MenuelJones, Attorney
DI.B Page 110 of 139
POWER
OF ATTORNEY
Safeco Insurance Company of America
General Insurance Company of America
Safeco Plaza
Seattle. WA 98185
KNOW ALL BY THESE PRESENTSI No. 13030
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a
Washington cofporation, does each hereby appoint
******PATRICK BANNON; RACHEL COLE; MENUEL JONES; ERIN M. MARGELIS; MYRNA L. SMITH; BRIAN ST, CLAIR;
WaShingtOn, D. C.*I***********xt*f********i****+*+**x*********#t*+*i*************f**iI*************#t***f*I
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to blnd the respective company thereby.
lN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE CoMPANY OF
AMERICA have each executed and attested these presents
this 14th day of September , 2007
STEPHANIE DALEY-WATS,ON,SECRETARY TIM MIKOL.AJEWSKI, SENIOR VICE.PRESIDENT, SUREry
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA,
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SUREry BONDS ... the President, any Vice Presldent, lhe Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or'on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
'On any.certificate executed by the Secretary or an assistant secretary of the Company setting out,
(r) The provisions of Article V, Section 13 of the By-Laws, and
(li) n copy of ihe po',vei'-oi-aitomey appolniment, executed pursuant ihereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
l, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors
of these corporations, and of a Power of Attorney issued pursuant therelo, are true and correct, and that both the By-Laws, the Resolution
and the Power of Attorney are still in full force and effect.
lN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
A'Ft^.;Whox-
this l'l+1.a^v ot ,L4*2+tl 2o;7 '
,&p/s,rt-i WU:f--
STEPHANIE DALEY.WATSON, SECRETARY
Safeco@ and the Sateco logo are registsred trademarks of Safeco Corporallon.
tr--^%
Wffi#
s-0974/DS 4/05 WEB PDF
DI.B Page 111 of 139
ACORD,, CERTIFIcATE oF LIABILITY INSURANCE DATE(MM/DDlYYY'
03/tr/2008
a
N
N
N
N
z
I
(J
PRODUCER
aon nisk services Northeast, rnc.
fka non nisk services, rnc. of new York
199 water street
New York NY 10038-3551 usA
nuo^-p-(866) 283-7L22 FAx-(847) 953-5390
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED
lvlcl Communi cati ons Servi ces, Inc.
140 west Street
New York NY 10007 usA
TNSURERA: American Home ASsurance Co.19380
INSURER B:
INSURER C
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINC
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDTTIONS OF SUCH POLICIES.
ACGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
I,TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVI
DATE(MM\DD\YY)
IOLICY EXPIRATION
DATE(MM\DD\YY)LIMITS
A ;ENERAL LIABILITY L)J) 5LZ
Seneral Li abi l i ty (com
06/30/07 06/30/08 EACH OCCURRENCE $r,, 000,000
ll counmnctel cENERAL LrABrLrry
I
cr-nrvs ueor ! occun
J-
DAMACE TO RENTED
PREMISES {Ea occurcnce)
$1,000,000
Mhu hXP (Anyone person)
PERSONAL & ADV INJURY $1,000,000
J CENERAL ACCRECATE $2 , 000 ,000
! rorrcv ! iJ.$ ! loc
PRODUCTS - COMP/OP AGG $2 ,000, 00(
A
A
AUT
lF
OMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
1606848
luto t-iability verizon
1606849
Auto Liability- verizon
cA1606847
luto t-iability- verizon
06/30/07
06/30/07
06/30/07
06/30/08
06/30/08
06/30/08
COMBINED SINCLE LIMIT
(Ed accident)$1, 000, 00(
E BODILY INJURY
( Per person)
F BODILY INJURY
(Per accident)
tr PROPERTY DAMACE
(Per accidert)
-l nNvnuro
I
AUTO ONLY . EA ACCIDENT
oTHER THAN EA ACC
AUTO ONLY:
AGC
fo..u* ! .rot*r"oot
|-lo.or.t,r'-t
f *ru*r,o*
EACH OCCURRENCE
ACCREGATE
WORKARS COMPENSATION AND
EMPLOYERS' LIABILITY
vc sTAru- | lorH-
E.L. EACH ACCIDENT
OFFICER-/MEMBER EXCLUDEDI
lfyes, de$ribe under SPECIAL PROVISIONS
below
E.L, DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
OTHER
ts-
Re: night of way use permit.
The city of auburn is included as Additional rnsured as required by written contract. This coverage is primary and
non-contributory as required by written contract.
CERTIFICATE HOLDER CANCEI,I,ATION ;-43tL
E=+
c.ity of Auburn, wA
Attn: Amber Mund
25 west Ma'in Street
Auburn wA 98001 usA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TtIE EXPIRATION
DATE THEREOF,THE ISSUINC INSURERWILL ENDEAVORTO MAIL
30 DAYS WRITTEN NOTICE TO TI-IE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
-M- 9."{.%...' o -'./O4*r -9*+:
IACORD 25 (2001/08)ACORD CORPORATION Igf,'
DI.B Page 112 of 139
POLICY NUMBER: GL'159-53-12
VERIZON COMMUNICATIONS INC.
coMMERcTAL GEN ERAL b,tFi.JU
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENEML LIABILITY COVEMGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Orsanizatlon(s):Location(sl Of Covered Ooerations
AS REQUIRED BYWRITTEN CONTRACT OR
AGREEMENT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section ll - Who ls An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury'', "property
damage" or "personal and advertising injury''
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
O ISO Properties, Inc.,2004
INSURED'S COPY
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"properly damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
cG 20 10 07 04 Page 1 of 1
DI.B Page 113 of 139
AGENDA BILL APPROVAL FORM
Agenda Subject:
Proposed Zoning Code
Amendment to ACC Section
18.31.200 related to
Architectural and Site Design
Review Standards and
Regulations
Date:
June 5, 2012
Department:
Planning and
Development
Attachments:
Agenda Bill
Attachment 1 -
Ordinance No. 6408
Attachment 2 -
Seattle Times
Affidavit of
Publication of
Hearing Notice
Attachment 3 - Wa
Dept. of Commerce,
60-day review
acknowledgement
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached agenda bill.
Reviewed by Council Committees:
Planning And Community Development Other: Planning Commission
Councilmember:Backus Staff:Dixon
Meeting Date:June 11, 2012 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 114 of 139
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6408, Amendment to Auburn City
Code Section 18.31.200 related to architectural and site design review
standards (File No. ZOA12-0003).
Date: June 6, 2012
Department: Planning and
Development
Attachments: See Attachment List
(at end of report)
Budget Impact: N/A
Administrative Recommendation: Planning and Community Development Committee to review
Ordinance No. 6408 and Planning Commission’s Recommendation on amendments to Auburn City Code
Chapter Section 18.31.200.
Background Summary:
The purpose of this zoning code amendment is to provide a consistent process and rules that apply for
the administration of the city’s existing architectural and site design review standards.
The City has architectural and site design review standards in effect that apply to three distinct
geographical areas of the City and another set that apply throughout the entire City based the specific
land use type. The purpose of these architectural and site design review standards code section is to
provide an administrative process for evaluating the design and arrangement of buildings and site
development to ensure quality design of the built environment. The authority for the architectural and
site design review standards (design standards) were previously adopted by the City Council and are
consistent with, and implement the policies of the Comprehensive Plan. The design standards are
illustrated by text, figures and photos in each document.
The design standards applicable to each geographic area are unique and found in separate documents
that apply only to that area or type of land use project. The requirement for implementation of the design
standards is found in various sections of the zoning code.
As these design standards were adopted at different times and over a period of years there is not a
uniform set of regulations to administer the design standards. The design standards themselves are not
proposed to change through this code amendment.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Synder
Meeting Date: June 11, 2012 Item Number:
DI.C Page 115 of 139
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 6, 2012
Page 2 of 6
Findings of Fact
1. In general, the intent of the proposed zoning code amendment is to provide a consistent
process and set of rules for the administration of the city’s existing various architectural
and site design review standards.
2. The purpose of having these architectural and site design review standards is to provide
an administrative process for evaluating the design and arrangement of buildings and
site development to ensure quality design of the built environment. The authority for the
architectural and site design standards (Design Standards) were previously adopted by
the City Council and are consistent with, and implement the policies of the
Comprehensive Plan.
3. The City has architectural and site design standards currently in effect that apply to three
distinct geographical areas of the City and another set of design standards that apply
throughout the entire City based the specific land use type (multiple family or mixed use
developments). The City’s current adopted Design Standards include the following:
• The Downtown Urban Center Design Standards were adopted by Ordinance
No. 6071 in January 2007 to implement the, then new, Downtown Urban Center,
DUC zoning district.
• The Auburn Junction Design Standards were adopted by Ordinance No. 6190
in July 2008 to address the four-block downtown catalyst area.
• Multi-Family and Mixed-Use Development Design Standards were adopted
by the Council Planning and Community Development (PCD) Committee in June
2009 and subsequently amended by the PCD Committee in July 7, 2010.
• The Northeast Auburn Special Planning Area Architectural and Site Design
Standards were adopted by Resolution No. 4756 in December of 2011 as a
condition of the Development Agreement (DA) approved for the Northeast
Auburn /Robertson Properties’ Auburn Gateway Project.
4. Currently, the different design standards are implemented by different sections of the
zoning code. In turn, each of the zoning code sections reference the separate document
containing the specific design standards. The unique design standards for each; is in
each document illustrated by text, figures and photos.
5. The design standards documents themselves will not change through this code
amendment.
6. As these design standards were adopted at different times and over a period of years
there is not a uniform set of regulations to administer each set of the design standards.
DI.C Page 116 of 139
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 6, 2012
Page 3 of 6
7. Near the end of 2011, during the development of the Northeast Auburn Special Planning
Area Architectural and Site Design Standards, it became apparent that the existing sets
of architectural and design standards should have a common set of procedures and
rules for implementation and these should be found in the same code section. The
Northeast Auburn Special Planning Area Architectural and Site Design Standards were
developed with the idea that a future code amendment would be processed to provide
common rules and procedures for administration.
8. The code section ACC 18.31.200 implementing the Multi-Family and Mixed-Use
Development Design Standards contains the most administrative procedures. Some
other code sections which implement design standards don’t contain any administrative
procedures. The code amendment will revise this existing code section ACC 18.31.200
to broaden its scope to apply to all of the design review standards in effect for the City.
9. Amending the code to address all the design review standards and have these
referenced within a single code section would have the following benefits:
• Provide for ease of locating and use by perspective applicants.
• Provide consistency in the administrative process applied to design review
processes of the city.
• Provide guidance for administration of the design review standards where such
regulations do not currently exist.
• Provide uniformity in the administrative provisions for:
o intent and purpose statements,
o exemptions from the design review process,
o timing of the review process,
o submittal requirements,
o decision criteria,
o Planning Director’s ability to review and interpret provisions of the
separate architectural and site design standards documents,
• Provide a process to adjust previous design review approvals; and for appealing
planning director’s decisions on design review decisions.
10. The process for zoning code text amendments is described in ACC 18.68.,
‘Amendments’. In subsection ACC 18.68.020.C it distinguishes between those text
code changes that are “procedural” contrasted with those that are “substantive” and
states:
“For the purposes of this chapter, substantive amendments shall be distinguished
from procedural or administrative amendments in accordance with the following:
"Substantive" matters relate to regulations that define or limit what can be done
in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those
that relate to the process of how an application to take such action must be
pursued (e.g., time limits for applications and appeals, what forms must be used,
and where or how applications must be submitted. Essentially, "procedural" or
DI.C Page 117 of 139
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 6, 2012
Page 4 of 6
"administrative" matters are the mechanical rules by which substantive issues
may be pursued).”
11. The proposed code amendments are “procedural” since they relate to the manner in
which applications related to development are pursued, processed and allowed. The
code amendments do not change the design review standards as they do not define or
limit what can be built or constructed.
12. The code amendments are exempt from environmental review process under the
Washington State Environmental Policy Act (SEPA), specifically Section WAC 197-
11800(19) which exempts the adoption of rules and regulations related to governmental
procedures and containing no substantive standards respecting use or modification of
the environment. Since the proposal is exempt, no threshold determination (decision) is
required.
13. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on March 30, 2012. The
Department of Commerce acknowledged receipt on April 2, 2012.
14. The general approach of these code amendments was discussed with and reviewed by
the Planning and Community Development (PCD) Committee of the City Council on
February 27, 2012 at their regular meeting. The Committee was supportive of the
general approach.
15. Staff discussed and presented an earlier draft of the code amendments language to the
Planning Commission on March 6, 2012 at their regular meeting.
16. The public hearing notice was published on May 25, 2012 in the Seattle Times at least
10 days prior to the Planning Commission public hearing scheduled for June 5, 2012.
The public notice of the hearing was also posted at multiple locations in city offices and
on the city’s website
17. The Planning Commission conducted a public hearing on the code changes on June 5,
2012. There was no public comment at the hearing. The Planning Commission
recommended approval of the code amendment as presented.
18. The following conclusions support the proposed amendments to Chapter 18.31.200 and
thus staff is recommending approval.
Conclusions
1. These code amendments are supported by the City of Auburn’s Comprehensive Plan.
The Comprehensive Plan contains several goals, objectives and policies that promote
the City’s use of design standards. For example, an entire Chapter, Chapter 12, ‘Urban
Design’ is devoted to establishing the city’s guidance for design review. The
DI.C Page 118 of 139
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 6, 2012
Page 5 of 6
Comprehensive Plan has fewer sections that address the more specific subject of
administration of these design review standards. The administration of the design
review standards is governed by the following goals, objectives, and policies from the
Comprehensive Plan:
2. CHAPTER 1 – PLAN BACKGROUND
“GOAL 2 – FLEXIBILITY: To provide predictability in the regulation of land use
and development, especially where residential uses are affected, but to also
provide flexibility for development through performance standards that allow
development to occur while still protecting and enhancing natural resources,
cultural resources and critical lands and in overall compliance with this
Comprehensive Plan.”
“Discussion: Predictability of land development regulation is important to both
existing and future property owners and to new development. It assures property
owners that adjacent properties will develop in a consistent manner and it helps
new development to plan for their development based on knowing what is
allowed and what is not. Since all parcels are not identical, however, it is helpful
to have some flexibility in land development regulation. While a variance can
sometimes resolve some of these issues, regulations which provide some
flexibility in the form of performance standards can help to provide development
which better meets the goals and policies of this Comprehensive Plan rather than
strict adherence to a set standard established in the zoning ordinance.”
(emphasis added)
“A discussion of issues and polices related to this goal can be found in Chapter
2: General Approach to Planning.”
Complies: This goal sets out that all of the City’s regulations should be designed to
provide predictability while maintaining the ability for flexibility in development. By
providing a uniform set of administrative procedures for design review standards and the
design review process, this code amendment provides this predictability and
consistency. Also, in furtherance of this goal, the code amendment provides procedures
for the director’s interpretation of the design standards, adjusting design approvals and
appealing decisions to provide flexibility.
CHAPTER 1 – PLAN BACKGROUND
“GOAL 22 - URBAN DESIGN AND VISUAL QUALITY: To ensure a high quality
visual environment through appropriate design standards and procedures which
encourage high quality architectural and landscape design in all development
and through the placement of artwork in public places. The City recognizes the
linkages between transportation, land use and site design and encourage
development which eases access by pedestrians, bicyclists and transit users.”
“Discussion: As urban areas develop, and particularly as densities increase,
DI.C Page 119 of 139
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 6, 2012
Page 6 of 6
the quality of development plays a major factor in maintaining the quality of life
for the area's residents and employees. Auburn places a high value on good
design, visual quality and landscaping in all development - new and old. Auburn
will seek to develop standards and programs to ensure that all development is of
high quality and is visually appealing.”
“A discussion of issues and policies related to this goal can be found in Chapter
4: Housing and Chapter 12: Urban Design.” (emphasis added)
Complies: This goal is directed at ensuring high quality architectural and landscape
design through appropriate use of design standards and procedures. This goal also
recognizes that an overall program related to the administration of design review
standards is a necessary element for the effective use.
3. CHAPTER 12 - URBAN DESIGN
“Objective 22.6. Establish a Design Review Process:
UD-28 The City developed new design standards for development within
downtown Auburn and for multi-family and mixed-use development. These
standards provide guidance for improved landscaping, site design and
architectural standards. These standards should be reviewed periodically to
keep with current planning trends and market demands.”
“UD-29 The City revised its ordinances to establish an administrative design
review procedure for development in the downtown and for multi-family and
mixed-use developments. It is handled as a responsibility of the Planning
Department and incorporated into current development review procedures to
minimize time and expense, both for the City and the applicant. Developments
subject to design review standards are outlined in city code.”
Complies: This objective and two related policies address the promulgation of design
standards and the associated procedures to implement these standards.
Staff Recommendation
Planning and Community Development Committee to discuss Planning Commission
recommendation. Staff recommends approval.
Attachments:
Attachment 1: Ordinance No. 6408, Proposed code changes to ACC 18.31.200, Multiple-
Family and Mixed-Use Design Standards and Procedures
Attachment 2: Seattle Times Affidavit of Publication of Hearing Notice
Attachment 3: WA Dept. of Commerce, 60-day review acknowledgment
DI.C Page 120 of 139
Ordinance No. 6408
June 6, 2012
Page 1 of 11
ORDINANCE NO. 6408
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 18.31.200 OF THE AUBURN CITY
CODE RELATING TO ADMINISTRATION OF
ARCHITECTURAL AND SITE DESIGN REVIEW
STANDARDS
WHEREAS, from time to time, amendments to the City of Auburn zoning
code are appropriate, in order to update and better reflect the current
development needs and standards of the City; and
WHEREAS, periodically amendments to the City of Auburn zoning code
are appropriate, in order to increase consistency of the code sections enacted
over different periods of time; and
WHEREAS, periodically amendments to the City of Auburn zoning code
are appropriate, in order to facilitate the use and understanding of code sections;
and
WHEREAS, currently the City has architectural and site design standards
that apply to three distinct geographical areas of the City and some that apply
throughout the City but only concern specific land use types; and
WHEREAS, the purpose of this amendment to the code is to provide a
consistent administrative review process for evaluating the design and
arrangement of site developments and buildings to ensure quality design of the
built environment; and
WHEREAS, these code amendments are exempt from environmental
review under the Washington State Environmental Policy Act (SEPA), Section
DI.C Page 121 of 139
Ordinance No. 6408
June 6, 2012
Page 2 of 11
WAC 197-11800 (19), since they are rules and regulations related to
governmental procedures and contain no substantive standards respecting use
or modification of the environment; and
WHEREAS, these code amendments were considered by the Planning
Commission at a duly noticed public hearing on June 5, 2012 and after the close
the public hearing the Planning Commission forwarded a recommendation for
approval to the City Council; and
WHEREAS, the code amendments were reviewed by the Planning and
Community Development Committee of the City Council on February 27, 2012;
and on June 11, 2012; and thereafter the Committee forwarded a
recommendation for approval to the full City Council.
WHEREAS, upon the recommendations, the City Council determines that
the following code changes are in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Amendment to City Code. That section 18.31.200 of
the Auburn City Code entitled “Multifamily development and mixed use
development” is changed to read: “Architectural and site design review
standards” and the section is hereby amended to read as follows:
18.31.200 Architectural and site design review standards and regulations.
A. Intent and Purpose. The architectural and site design regulations provide an
administrative review process for evaluating the design and arrangement of
development. The architectural and site design regulations are intended to be
DI.C Page 122 of 139
Ordinance No. 6408
June 6, 2012
Page 3 of 11
consistent with and implement the policies of the comprehensive plan. The purposes of
these design review regulations are to:
1. Foster good decision-making for development through architectural and site
design within the context of the community's built and natural environmental
character, scale and diversity;
2. Promote the use of appropriate scale of buildings and the configuration of open
space and parking areas for development to safely and comfortably
accommodate pedestrian activities;
3. Coordinate the interrelationship of buildings and public and private open space;
4. Discourage monotony in building design and arrangement, while promoting
harmony among distinct building identities; and
5. Mitigate, through design and site plan measures, the visual impact of large
building facades, particularly those which have high public visibility (Encourage
the creative use of architectural and landscape features in order to reduce the
actual and perceived scale and bulk of structures).
B . Applicability. The following land uses, types of development activities, including all
related site improvements, and geographic areas, are subject to the architectural and
site design standards and the processes and regulations for conducting design review
contained in this chapter:
1. Multiple-Family and Mixed Use Developments. The following land uses and types of
development are subject to the City’s Multiple-Family and Mixed-Use Design
Standards document unless addressed by a different set of architectural and site
design standards applicable to a specific geographic area.
a. Multifamily development inclusive of triplexes and fourplexes in all
zones in the city where permitted outright or as a conditional use and
not otherwise addressed through the city's Residential Infill
Development Standards (ACC 18.25); and
b. Mixed-Use Residential Development. Mixed-use development
containing residential living units in all zones in the city where permitted
outright or as a conditional use; and,
c. Retirement apartments, congregate living facilities and senior housing
complexes in all zones in the city where permitted outright or as a
conditional use.
DI.C Page 123 of 139
Ordinance No. 6408
June 6, 2012
Page 4 of 11
2. Downtown Urban Center. The following locations of development activities are
subject to the City’s Downtown Urban Center Design Standards document.
a. Properties located within the boundaries of the DUC, Downtown Urban
Center zoning district as identified on the Comprehensive Zoning Map.
3. Auburn Junction. The following locations of development activities are subject
to the City’s Auburn Junction Design Standards document.
a. Properties located within the boundaries of West Main Street, 2nd Street
SE/SW, A Street SE, and A Street SW as identified with Auburn City Code
18.29.070, Design Standards of the DUC , Downtown Urban Center
zone.
4. Northeast Auburn Special Planning Area. The following locations of
development activities are subject to the City’s Auburn Gateway Architectural
and Site Design Standards document.
a. Properties located within the boundaries of the Auburn Gateway
Project as defined by the Development Agreement approved by City
Resolution No. 4756. The Auburn Gateway Architectural and Site
Design are addressed In Section 4 of this Resolution and provided as
Attachment 4 to the Resolution.
C. Exemptions. The following activities as determined by the Planning Director shall be
exempt from the provisions of the design standards:
1. Any building activity that does not require a building permit; or
2. Interior construction work which does not alter the exterior of the structure; or
3. Normal or routine building and site maintenance/repair that is exempt from
issuance of a permit including the repair or maintenance of structural
members; or
4. Interior alterations that do not modify an existing site condition; or
5. Site and exterior alterations that do not exceed 10 percent of the assessed
valuation of the property building or land per the most recent county records;
or
6. Building additions that are less than 10 percent of the existing floor area of the
existing building. Any cumulative floor area increase from the adoption date of
the ordinance establishing the architectural and site design standard that totals
DI.C Page 124 of 139
Ordinance No. 6408
June 6, 2012
Page 5 of 11
more than 10 percent shall not be exempt unless the Planning Director
determines compliance with these standards would be unfeasible and/or
unreasonable.
D. Design Standard Documents. Adopted by reference are the following architectural and
site design documents, copies of which shall be maintained by the city clerk. These
documents contain the standards for the design and development of the built
environment. The Planning Director or designee shall have the authority to apply the
standards to specific development proposals. The following specific architectural and
design standards documents may be amended upon approval by the Planning and
Development Committee of the Auburn City Council:
1. Mixed Use and Multiple Family Development Design Standards.
2. Auburn Gateway Architectural and Site Design Standards.
3. Downtown Urban Center Design Standards.
4. Auburn Junction Design Standards. E. Timing of Administrative Design Review.
1. Design review shall be conducted by the Planning Director or designee prior to
or concurrent with the processing of building permits and/or review of discretionary
land use approvals/permits.
2. The decision on the administrative design review shall be issued prior to issuance of
the building permits and/or issuance of discretionary land use approvals/permits.
F. Pre-application Meeting –When Required Associated with a Design Review.
1. A pre-application conference is required for the following instances:
a. For multi-family development in the R-10, R-16, and R-20 Residential
zones; and
b. For mixed-use development containing residential living units located
within R-10, R-16 and R-20 Residential zones; and
c. For mixed-use development containing residential living units located
within commercial zones; and
d. For retirement apartments, congregate living facilities and senior
housing complexes located within R-10, R-16 and R-20 Residential
zones, and all commercial zones.
DI.C Page 125 of 139
Ordinance No. 6408
June 6, 2012
Page 6 of 11
2. A pre-application conference is strongly recommended for all other projects subject to
the city’s architectural and site design review but is not required.
G. Design Review Submittal Requirements. In addition to any other documentation
required for submittal of a complete application for building permit or discretionary
land use approvals/permits, the following items shall be required for the architectural
and site design review:
1. Elevation drawings prepared by an architect licensed in the State of Washington
of all proposed construction including dimensional drawings at one-eighth inch
equals one foot or comparable scale showing the type of exterior materials,
color (where applicable), exterior finishes for buildings and accessory structures,
location and elevations of exterior lighting for buildings, the type, style and
model of exterior lighting fixtures (where applicable), parking areas, and
fenestration details.
2. A to-scale landscape plan prepared by a landscape architect licensed in the state
of Washington showing existing vegetation to be retained and proposed
vegetation to be installed inclusive of the common and botanical name of all
vegetation, the location and quantity of vegetation, the initial planting size and
method of irrigation;
3. A context vicinity map that shows all structures on the property and within 200
feet in each direction of the subject property drawn approximately to scale;
4. A neighborhood circulation plan consistent with the provisions of Chapter 17.16
ACC (Neighborhood Circulation Plan); and
5. Conceptual plans for any public infrastructure, including roads, water, sewer,
and storm facilities.
H. Interpretations.
1. The Planning Director shall be authorized to interpret the meaning of words,
phrases and sentences which relate to the implementation of the specific
architectural and design standards document. Any interpretations regarding
implementation of the specific architectural and design standard document
shall be made in accordance with its intent or purpose statements and the
intent and purpose statements of this chapter. For interpretations, life safety
and public health regulations shall be given priority over all other regulations.
2. Administrative interpretations may be appealed to the hearing examiner as
prescribed in Chapter 18.70.050 ACC.
DI.C Page 126 of 139
Ordinance No. 6408
June 6, 2012
Page 7 of 11
I. Design Review Adjustments.
1. Authority for design review adjustments. The Planning Director or designee
shall have the authority, subject to the provisions of this section and upon such
conditions as the Planning Director or designee may deem necessary to comply
with the provisions of this section, to approve design adjustments as follows:
a. An adjustment to architectural or site design requirements such that no
more than two of the total number of required menu items in the City
of Auburn Multifamily and Mixed-Use Design Standards are out of
compliance.
b. An adjustment to required building wall and roof modulation standards,
as contained in the City of Auburn Multifamily and Mixed-use Design
Standards, up to 20 percent of the amount of any quantified standards
contained therein.c. An adjustment to the architectural or site
design requirements that remains consistent with the purpose and
intent of the architectural and site design standards.
2. Required Findings to Grant Design Review Adjustments. Each determination
granting an adjustment by the Planning Director or designee shall be supported
by written findings showing specifically wherein all of the following conditions
exist:
a. That the granting of such adjustment does not constitute a grant of
special privilege inconsistent with the limitations upon uses of other
properties in the vicinity and/or zone of the subject site; and
b. That the granting of such adjustment will not adversely affect the
established character of the surrounding neighborhood, discourage
maintenance or upgrades on surrounding properties, nor result in
perpetuation of those design qualities and conditions which the
comprehensive plan intends to eliminate or avoid; and
c. That the project incorporates alternate design characteristics that are
equivalent or superior to those otherwise achieved by strict adherence
to stated menu options; and
3. Public Notification and Action on Design Review Adjustment Applications. Upon
the filing of a properly completed application and associated request for a
design review adjustment, the Planning Director or designee shall comply with
the City's Type II land use review requirements for issuance of a properly
noticed and appealable land use decision.
DI.C Page 127 of 139
Ordinance No. 6408
June 6, 2012
Page 8 of 11
4. Appeal of Director's Decision on Design Review Adjustments.
a. If a written objection to the initial determination notice is filed within 10
14 business days of said notification, the Planning Director or designee
shall reconsider the initial determination in light of the objection(s) as
raised and render a final decision on the permit. This final decision shall
result in either the Planning Director's affirmation of the original
determination of approval, the approval with additional modifications
or denial.
b. Upon completion of the Planning Director's reconsideration, all parties
notified of the original determination shall receive notification of the
Planning Director's final decision. Any party aggrieved by the Planning
Director's final decision may file an appeal of that decision to the
Hearing Examiner in accordance with the City's land use appeal
provisions. Such appeals for Hearing Examiner review must be filed
within 10 14 business days from the date the written decision was made
and shall include the following:
i. The appeal shall be filed on forms provided by the Department
of Planning and Development.
ii. The appeal shall clearly state the decision being appealed,
setting forth the specific reason, rationale, and/or basis for the
appeal.
iii. Fees associated with the appeal shall be paid to the city upon
filing of the appeal in accordance with a fee schedule
established by resolution.
5. Upon filing of a timely and complete appeal, the hearing examiner shall conduct
a public hearing to consider the merits of the appeal. This hearing shall be
subject to the city's public noticing and public hearing requirements and shall
include notification of all parties notified of the Planning Director's final
decision. The hearing examiner may affirm the Planning Director's decision or
may remand the matter to the Planning Director for further review in accord
with the examiner's direction.
6. If no written objection is filed to the initial determination within the specified
time limits, the Planning Director shall render a final decision on the permit in
accord with the initial determination.
DI.C Page 128 of 139
Ordinance No. 6408
June 6, 2012
Page 9 of 11
J Approval Criteria for Design Review. The Planning Director or designee may approve, or
modify and approve, or deny an application for an administrative design review. Each
determination granting approval or approval with modifications shall be supported by
written findings showing the applicant satisfies all the following criteria:
1. The plans and supplemental materials submitted to support the plan meet the
requirements of the specific architectural and site design documents;
2. The proposed development is consistent with the comprehensive plan;
3. The proposed development meets required setback, landscaping, architectural
style and materials, such that the building walls have sufficient visual variety to
mitigate the appearance of large facades, particularly from public rights-of-way
and single-family residential zones.
4. In addition to the criteria in subsections 1 through 3, for multiple-family
residential and retirement apartment projects, the director or designee must
determine that the following key review criteria have been met:
a. The proposed development is arranged in a manner that either:
i. Provides a courtyard space creating a cohesive identity for the
building cluster and public open space furnished to facilitate its
use; or
ii. Possesses a traditional streetscape orientation that provides
clearly identifiable and visible entries from the street, views
from residential units onto the street and reinforces pedestrian-
oriented streetscape characteristics (e.g., building edge abutting
sidewalk, entries onto the street); or
iii. Faces and facilitates views of a major open space system;
b. The proposed development provides a variety in architectural massing
and articulation to reduce the apparent size of the buildings and to
distinguish vertical and horizontal dimensions;
c. The proposed development contains a combination of elements such as
architectural forms, massing, assortment of materials, colors, and color
bands sufficient to distinguish distinct portions and stories of the
building;
d. Residential buildings in large multiple-family projects or mixed-use
projects are physically integrated into the complex possessing
DI.C Page 129 of 139
Ordinance No. 6408
June 6, 2012
Page 10 of 11
sufficiently different appearance or placement to be able to distinguish
one building from another;
e. Unit entrances are individualized by use of design features that make
each entrance distinct or which facilitate additional personalization by
residents;
f. Areas dedicated to parking are sufficiently visually broken up and
contain a complement of vegetative materials to project a landscaped
appearance;
g. Where applicable, a transition is created that minimizes impacts from
multifamily and mixed-use development projects on neighboring lower
density residential dwelling units in abutting or adjacent single-family
zones; and
h. Where applicable, in cases of granting density or height bonuses, the
project has provided community benefits, facilities or improvements
above and beyond those required in the municipal code and supports
the goals, objectives and policies of the comprehensive plan;
Section 2. Implementation. The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to
carry out the directions of this legislation.
Section 3. Severability. The provisions of this ordinance
are declared to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this ordinance, or
the invalidity of the application thereof to any person or circumstance shall
not affect the validity of the remainder of this ordinance, or the validity of
its application to other persons or circumstances.
DI.C Page 130 of 139
Ordinance No. 6408
June 6, 2012
Page 11 of 11
Section 4. Effective date. This Ordinance shall take effect
and be in force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
ATTEST:
___________________________________
PETER B. LEWIS
MAYOR
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.C Page 131 of 139
DI.C Page 132 of 139
DI.C Page 133 of 139
Dear Mr. Dixon:
Senior Planner
City of Auburn Planning Department
25 W Main Street
Auburn, Washington 98001-4998
Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as
required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural
requirement.
April 2, 2012
Jeff Dixon
City of Auburn - Proposed zoning amendment to Code Section 18.31.200, related to Architectural and
Site Design Review Standards and Regulations. These materials were received on April 02, 2012 and
processed with the Material ID # 17964.
We have forwarded a copy of this notice to other state agencies.
If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov,
or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048.
Sincerely,
Review Team
Growth Management Services
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty
days following the date of receipt by Commerce. Please remember to submit the final adopted amendment
to Commerce within ten days of adoption.
DI.C Page 134 of 139
AGENDA BILL APPROVAL FORM
Agenda Subject:
Director's Report
Date:
June 5, 2012
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:June 11, 2012 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 135 of 139
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Status Matrix
Date:
June 5, 2012
Department:
Planning and Development
Attachments:
PCDC Matrix
Budget Impact:
$0
Administrative Recommendation:
For discussion only, see attached Matrix.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:June 11, 2012 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 136 of 139
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b
a
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d
o
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di
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c
t
i
o
n
.
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3
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4
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ential overlay; staff will
me
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w
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c
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o
develop a work plan.
•
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b
a
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x
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/
c
h
a
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l
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f
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r
expansion of urban
ce
n
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p
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t
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o
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p
p
l
a
n
u
p
d
a
t
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n
4
/23/12; staff will bring this
it
e
m
b
a
c
k
f
o
r
r
e
v
i
e
w
a
f
t
e
r
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h
e
C
o
u
n
c
i
l
s
p
r
i
n
g
r
e
t
r
e
at.
•
T
A
D
A
TB
D
C
h
a
m
b
e
r
l
a
i
n
A
f
u
t
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u
p
d
a
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f
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m
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h
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w
n
t
o
w
n
A
s
s
o
c
i
a
t
i
o
n
w
i
l
l
be scheduled at a later
ti
m
e
.
•
A
m
t
r
a
k
On
-
g
o
i
n
g
Ma
y
o
r
L
e
w
i
s
/
Sn
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d
e
r
Ci
t
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t
r
a
c
k
i
n
g
p
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n
t
i
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o
n
s
t
o
p
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x
p
a
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s
i
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n
s
t
u
dy by Amtrak.
•
D
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w
n
t
o
w
n
P
a
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k
i
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Ma
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a
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c
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m
p
l
e
t
e
d
and data compilation
be
i
n
g
c
o
n
d
u
c
t
e
d
.
DI.E Page 137 of 139
Ma
y
2
9
,
2
0
1
2
Page 2
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
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4
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g
y
a
c
t
i
o
n
p
l
a
n
a
n
d
b
r
i
ng back to Committee.
5
St
r
a
t
e
g
y
A
r
e
a
s
f
o
r
Po
p
u
l
a
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n
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p
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o
b
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d
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v
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l
o
p
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d
b
a
s
e
d
o
n
C
o
uncil retreat
di
r
e
c
t
i
o
n
.
EN
V
I
R
O
N
M
E
N
T
A
L
6
A
u
b
u
r
n
E
n
v
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r
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n
m
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t
a
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P
a
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k
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s
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d
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w
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W
S
D
O
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o
n
P
h
a
s
e
I
I
a
c
q
u
i
s
ition opportunities.
7
G
r
e
e
n
Z
o
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e
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m
m
i
t
2
0
1
2
Sn
y
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M
a
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u
f
a
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t
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“
V
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l
l
a
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e
C
o
n
c
e
p
t
i
s
f
u
r
ther vetted”.
8
Gr
e
e
n
Z
o
n
e
B
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s
i
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s
s
Pl
a
n
/
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d
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b
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d
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v
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l
o
p
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d
b
a
s
e
d
o
n
C
o
uncil retreat
di
r
e
c
t
i
o
n
.
PA
R
K
S
,
A
R
T
S
&
R
E
C
R
E
A
T
I
O
N
9
L
e
a
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l
l
/
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r
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n
R
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r
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d
P
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i
t
t
i
n
g
.
S
c
h
e
d
u
l
e
d
t
o
b
i
d
in June.
CO
M
M
U
N
I
T
Y
S
E
R
V
I
C
E
S
D
I
V
I
S
I
O
N
10
B
u
i
l
d
i
n
g
C
o
m
m
u
n
i
t
y
Su
m
m
e
r
2
0
1
2
Hu
r
s
h
PC
D
C
r
e
q
u
e
s
t
e
d
u
p
d
a
t
e
a
t
a
f
u
t
u
r
e
m
e
e
t
i
n
g
;
b
r
i
e
f
i
n
g
to be scheduled.
11
H
u
m
a
n
S
e
r
v
i
c
e
s
C
e
n
t
e
r
O
n
g
o
i
n
g
H
u
r
s
h
U
p
d
a
t
e
s
p
r
o
v
id
e
d
a
s
n
e
e
d
e
d
o
r
r
e
q
u
e
s
t
e
d
.
12
Un
i
f
y
c
o
m
m
u
n
i
t
i
e
s
t
h
r
o
u
g
h
ce
n
t
r
a
l
i
z
e
d
c
o
m
m
u
n
i
c
a
t
i
o
n
a
n
d
ou
t
r
e
a
c
h
Fa
l
l
2
0
1
2
H
u
r
s
h
C
o
m
m
u
n
i
t
y
S
e
r
v
i
c
e
s
t
o
g
i
v
e
a
n
n
u
a
l
u
pd
a
t
e
s
.
BO
A
R
D
S
,
C
O
M
M
I
S
S
I
O
N
S
&
H
E
A
R
I
N
G
E
X
A
M
I
N
E
R
13
A
r
t
s
C
o
m
m
i
s
s
i
o
n
No
v
e
m
b
e
r
20
1
2
Fa
b
e
r
J
o
i
n
t
m
e
e
t
i
n
g
h
e
l
d
o
n
1
1
/
1
4
/
1
1
w
i
t
h
P
C
D
C
.
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
DI.E Page 138 of 139
Ma
y
2
9
,
2
0
1
2
Page 3
14
H
e
a
r
i
n
g
E
x
a
m
i
n
e
r
O
c
t
o
b
e
r
2
0
1
2
D
i
x
o
n
He
a
r
i
n
g
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a
m
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e
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n
d
e
d
1
0
/
2
4
/
1
1
m
e
e
t
i
n
g
f
o
r
a
n
n
u
al briefing with the
Co
m
m
i
t
t
e
e
.
15
P
a
r
k
s
&
R
e
c
r
e
a
t
i
o
n
B
o
a
r
d
J
u
n
e
1
1
F
a
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n
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p
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c
c
u
r
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e
d
6
/
1
3
/
1
1
w
i
t
h
P
C
D
C
.
16
P
l
a
n
n
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n
g
C
o
m
m
i
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s
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n
S
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2
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1
2
Sn
y
d
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r
/
Ch
a
m
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r
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a
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n
Jo
i
n
t
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e
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t
i
n
g
s
c
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e
d
u
l
i
n
g
t
o
o
c
c
u
r
.
17
T
r
a
n
s
p
o
r
t
a
t
i
o
n
,
T
r
a
n
s
i
t
,
a
n
d
T
r
a
i
l
s
S
p
r
i
n
g
2
0
1
3
Th
o
r
d
a
r
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o
n
A
n
n
u
a
l
u
p
d
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t
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o
c
c
u
r
r
e
d
5
/
2
3
/
1
2
w
i
t
h
P
C
D
C
.
18
U
r
b
a
n
T
r
e
e
B
o
a
r
d
J
u
n
e
1
1
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a
b
e
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A
n
n
u
a
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u
p
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c
c
ur
r
e
d
6
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1
3
/
1
1
w
i
t
h
P
C
D
C
.
CA
P
I
T
A
L
F
A
C
I
L
I
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I
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S
P
L
A
N
N
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N
G
(
L
o
n
g
R
a
n
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P
l
a
n
n
i
n
g
)
19
Tr
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
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n
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Sc
o
p
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n
U
p
d
a
t
e
a
d
o
p
t
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d
b
y
C
i
t
y
Council in 2009.
Up
d
a
t
e
d
a
n
n
u
a
l
l
y
a
s
n
e
e
d
e
d
a
s
p
a
r
t
o
f
c
o
m
p
r
e
h
e
n
s
i
v
e
plan update process.
20
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
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v
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Pr
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g
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m
(
T
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)
Sc
o
p
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:
6
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n
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20
1
2
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2
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1
7
T
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p
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C
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C
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r
19, 2011. The next
si
x
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a
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P
w
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l
l
b
e
r
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v
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e
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d
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2
0
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2
.
21
Ca
p
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t
a
l
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m
p
r
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v
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m
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n
t
P
l
a
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s
(
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)
Sc
o
p
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:
6
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