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HomeMy WebLinkAbout11-13-2000CITY OF AUBURN PUBLIC WORKS COMMITTEE MINUTES NOVEMBER 13, 2000 I. CALL TO ORDER The meeting was called to order at 4:38 p.m. Those in attendance were Mayor Booth, Committee Chairman Rich Wagner, Council/Committee member Fred Poe, and Council/Committee member Pete Lewis. Staff in attendance were Public Works Director Christine Engler, City Engineer Dennis Dowdy, Assistant City Engineer Dennis Selle, Traffic Engineer Cass Brotherton, Water Quality Programs Coordinator Chris Thorn, Administrative Services Supervisor Pam Miller. Guests in attendance were Shirlee Paholke, Water Rights Attorney Tom Mortimer, Consulting Engineer Dwight Holobaugh. II. CONSENT A. RIGHT-OF-WAY USE PERMIT 31-00, AUBURN DOWNTOWN ASSOCIATION, CHRISTMAS LIGHTING IN DOWNTOWN AREA Right-of-Way Use Permit 31-00 would allow the Auburn Downtown Association to install Christmas lighting on trees in the B Street Plaza and Mural Parking Lot, and install lighting on every other streetlight pole on Main Street between Auburn Way and A Street NE/SE. Auburn Downtown Association will have a volunteer electrician hang the lights. This permit would be in effect from November 18, 2000, through January 14, 2001. There was no discussion. It was moved by Poe, seconded by Lewis, that the Committee approve Right-of-Way Use Permit 31-00. Motion carried. B. CHANGE ORDER #6 TO CONTRACT 99-25 WITH C.A. CAREY, PROJECT NO. C9009, WELL 2/WELL 6 CONSTRUCTION Change order #6, in the amount of $3,203.70, is required to pay for modifications to the Well 7 (at City Park). overflow structure as required by the Department of Health. There was no discussion. It was moved by Poe, seconded by Lewis, that the Committee recommend Council approve Change Order #6 to Contract 99-25. Motion carried. FINAL PAY ESTIMATE #5 TO CONTRACT 99-15 WITH ROBISON CONSTRUCTION, INC., AND ACCEPT CONSTRUCTION OF PROJECT NO. C8046, CENTRAL STORM DRAINAGE IMPROVEMENTS, PHASE lB A revised agenda bill was distributed to the Committee. This project was the downstream phase of the overall Central Storm Drainage project serving the downtown area. A project contingency of $18,076.68 remains in the 432 Storm Utility Budget for 2000. There was no discussion. PUBLIC WORKS COMMITTEE MINUTES Page 2 of 7 NOVEMBER 13, 2000 III. A. It was moved by Poe, seconded by Lewis, that the Committee recommend Council approve Final Pay Estimate #5 to Contract 99-15 and accept construction of Project No. C8046. Motion carried. ISSUES ORDINANCE NO. 5469 AMENDING ORDINANCE NOS. 5420 AND 4786, AND ACCEPTING ADDITIONAL TIB GRANT FUNDS FOR PR 529, 3RD STREET SW GRADE SEPARATION PROJECT Ordinance No. 5469 amends Ordinance No. 5420 which obligated an additional $400,000 in grant funds from the Washington State Transportation Improvement Board for a total of $2,212,800 and amended Ordinance 4786. Ordinance No. 4786 obligated State Transportation Improvement Board TIA Grant funds in the amount of $1,812,800 for the PR529, 3rd Street SW Grade Separation Project. At the Transportaion Improvement Board meeting on October 13, 2000, the Board authorized additional funds for the construction phase of this project in the amount of $527,095 for a total grant amount of $2,739,895. These funds will allow the City to add back in through change order some items of work not awarded to the contractor in August of 2000. Chair Wagner asked which items of work would be added back in through change orders. Public Works Director Engler responded that the 'A' Street Loop would be added, and possibly two signals, one at 3rd and Division, and the other at West Main and 'C' Street. It was moved by Poe, seconded by Lewis, that the Committee recommend Council adopt Ordinance No. 5469. Motion carried. RESOLUTION NO. 3281, PURCHASE AND SALE AGREEMENT WITH OLIVER PROPERTY LLC, PARCEL A, RELATED TO PROJECT NO. C9008, 42ND STREET NW Resolution No. 3281 authorizes the Mayor and City Clerk to complete the negotiations and execute a Purchase and Sale Agreement between the City and Oliver Property LLC. The purpose of the agreement is to purchase sufficient additional right-of-way to complete a public corridor to City standards (Project No. C9008). To fulfill this need, the City will acquire the 30-foot wide property (Parcel A), constituting the northern one-half of 42nd Street NW, which is currently a private road located immediately east of B Street NW. Chair Wagner commented on the price per square foot being the same for all of the properties. City Engineer Dowdy stated that the price was an issue of equity and consistent treatment for all property owners. Council/Committee member Poe noted that the legal description does not describe the radius on the corner. It was moved by Poe, seconded by Lewis, that the Committee recommend Council adopt Resolution No. 3281, provided the legal description is corrected to describe the radius. Motion carried. PUBLIC WORKS COMMITTEE MINUTES Page 3 of 7 NOVEMBER 13, 2000 RESOLUTION NO. 3282, PURCHASE AND SALE AGREEMENT WITH WOOD, PARCEL B, RELATED TO PROJECT NO. C9008, 42ND STREET NW Resolution No. 3282 authorizes the Mayor and City Clerk to complete the negotiations and execute a Purchase and Sale Agreement betWeen the City and Greg and Maria Wood. The purpose of the agreement is to purchase sufficient additional right-of-way to complete a will public corridor to City standards (Project No. C9008). To fulfill this need, the City acquire the 30-foot wide property (Parcel B), constituting the northern one-half of 42na Street NW, which is currently a private road located immediately east of B Street NW. There was no discussion. It was moved by Poe, seconded by Lewis, that the Committee recommend Council adopt Resolution No. 3282. Motion carried. RESOLUTION NO. 3283, PURCHASE AND SALE AGREEMENT WITH JONES, PARCEL C, RELATED TO PROJECT NO. C9008, 42ND STREET NW Resolution No. 3283 authorizes the Mayor and City Clerk to complete the negotiations and execute a Purchase and Sale Agreement between the City and Michael Jones, Ronald Jones, and Carol Jones. The purpose of the agreement is to purchase sufficient additional right-of-way to complete a public corridor to City standards (Project No. C9008). To fulfill this need, the City will acquire the 30-foot wide property (Parcel C), constituting the northern one-half of 42nd Street NW, which is currently a private road located immediately east of B Street NW. There was no discussion. It was moved by Poe, seconded by Lewis, that the Committee recommend Council adopt Resolution No. 3283. Motion carried. RESOLUTION NO. 3284, ELECTRIC SUPPLY LINE LICENSE AGREEMENT WITH BNSF, RELATED TO PROJECT NO. PR 529, 3RD STREET SW GRADE SEPARATION Resolution No. 3284 authorizes the Mayor to execute an Electric Supply Line License agreement with Burlington Northern and Santa Fe Railway Company (BNSF) to construct and maintain a 12,inch electrical conduit under the BNSF tracks along Main Street between 'B' Street SW and 'C' Street SW. The cost of the license includes a processing fee, a permit fee, and a blanket railroad protective insurance policy required for work in the BNSF property. The license is necessary for work related to project PR 529, 3rd Street SW Grade Separation, and will be paid from those project funds. There was no discussion. It was moved by Poe, seconded by Lewis, that the Committee recommend Council adopt Resolution No. 3284. Motion carried. IV. INFORMATION OR DISCUSSION Prior to the Information/Discussion agenda, Shirlee Paholke was invited to speak to the Committee. Ms. Paholke stated that she lives in the River Mobile Home Park, and was representing approximately 260 residents of the park who are requesting a turn signal at PUBLIC WORKS COMMITTEE MINUTES Page 4 of 7 NOVEMBER 13, 2000 37th Street NE and Auburn Way North. She reported that there is both a turn lane and west bound lane at the intersection, however, without a left turn signal, increased traffic has made it nearly impossible for westbound traffic on 37th to turn left onto Auburn Way North. Chair Wagner asked staff if there were plans for a traffic signal at 42nd Street NE. Assistant City Engineer Selle responded that as part of the Northeast Special Planning Area, a signal might be considered for that intersection. It was also noted that 37th Street NE is part of the South 277th Street detour route. Following discussion, the Committee asked staff to report, at the next Committee meeting, on the feasibility and costs of installing a turn signal for westbound traffic on 37th Street NE, turning left onto Auburn Way North (southbound). Ms. Paholke submitted a petition in support of her request, signed by approximately 260 residents living on or near 37th and '1' Streets NE. A. LIGHTING IN DOWNTOWN AUBURN Traffic Engineer Brotherton showed the Committee a map illustrating existing lighting, existing Puget Sound Energy (PSE) poles, and areas with Iow illumination levels in the downtown area. She reported that PSE has indicated they could put luminaires on their existing poles, with the only cost to the City being the monthly charge for electricity, estimated at $10 to $20 per light. For the City to install street lights consistent with City standards, the cost would be high and it would involve tearing up the sidewalks to install meter boxes. The cost of wooden poles would be approximately $2,000 to $3,000, however they would not meet City standards. The Committee felt that it would not be advisable to install the wooden poles, since they are not consistent with City standards. Councilmember Poe expressed concern over the lighting at City Hall, stating that the entrances should be better illuminated, and suggested mounting lights on the building. Director Engler said that a bulb is scheduled to be replaced on the lighting at the north entrance to City Hall. Brotherton reported that while PSE will replace their bulbs that are out, they do not routinely check them. The City currently lets PSE know when a bulb is out, if it is noticed. In the future, the City will inventory PSE's lights on a regular basis so that burned out bulbs are being replaced more in a more timely fashion. Differences in wattage were noted by the Committee. Following discUssion, the Committee asked staff to explore the possibility of increased wattage and installation of lights on the PSE poles, and bring the information back to Committee. B. WATER RIGHTS UPDATE Water Rights Attorney Tom Mortimer gave a brief history of court decisions that have been made in regard to interpretation of water rights and continuity. A recent Supreme Court decision has made findings and conclusions that even though a system may be closed, closureof a system doesn't necessarily mean that an appropriation is barred as a matter of law, if it can be determined that appropriation can be made without having a net effect on flow or affecting senior rights. Mortimer cautioned the Committee that the decision does not change the landscape, and basically reaffirms what is essentially a negative decision for groundwater appropriation in the state, particularly groundwater that's in continuity with PUBLIC WORKS COMMITTEE MINUTES Page 5 of 7 NOVEMBER 13, 2000 closed systems or minimum flow systems. Agencies whose systems are in continuity will still experience extreme difficulty in trying to secure annual water rights. Mortimer reviewed recent events in regard to the City's water rights, stating that a meeting was held with the City's IA2 partners, at which time some of the issues associated with trying to secure water rights were discussed. He said that he has been consulting with other systems in the area about relationships, partnerships, agreements or other opportunities that may exist to work with those systems on securing new rights or conveying additional water that will take the City beyond 2018 or 2020. In response to a question from Chair Wagner, Mortimer stated that while the court took the position that there can't automatically be a finding of impairment without a finding of fact, they affirmed that hydraulic continuity and an impairment could be demonstrated through scientific device or other measurement. Even if the continuity and effect were extremely small, if that extremely small effect could be picked up by scientific method, mathematical calculation, or some other mechanism that doesn't just involve a staff gauge and empirical observation, it could provide sufficient basis for denial of an application. Since the City is in hydraulic continuity with two systems, one that is closed and one that has a minimum flow, the City would have substantial scientific and factual challenges trying to overcome the legal standard. Mortimer explained that his purpose in coming to the Committee was to discuss a recommendation on how to proceed. He discussed two different proposals: (1) developing water rights that take water at high flow periods where we can demonstrate no impairment to flow, in which we conjunctively work with another party to take water during the summer to make it an annualized source or (2) work with a party such as PSE on the concept of releasing mitigation flows. Mortimer stated that after considering the two options, looking at the science, and consulting with people inside the agency, as well as our own technical team, he cannot recommend that the City pursue an avenue of trying to negotiate mitigation flow release with PSE. He reviewed his attempts to communicate with PSE, and distributed copies of two letters he had sent to PSE, and one letter he received from PSE's legal counsel. Mortimer then reviewed his first proposal, that would involve working in partnership with Lakehaven Utility District (LUD). LUD has been working for the past ten years on their Oasis project, the most developed artificial recharge project in the state. They are currently awaiting their permit. He has met with their management team and discussed a number of issues, including the possibility of Auburn purchasing some of their P5 supply. LUD is very interested in working with the City of Auburn and is willing to negotiate concurrently for the City to purchase some of their P5 water, or for the City to sell water to them or exchange water that would be conjunctively used with their Oasis system. LUD feels that the P5 water probably won't be available to them for 5-7 years, and they don't expect to have their Oasis project permitting issues resolved for approximately five years. Chair Wagner asked how that would affect the City's agreement with IA2. Mortimer responded that the City's agreement with regard to IA2 is to try and meet a certain amount of demand that they have on a non-interruptible basis. An agreement with LUD could allow the City to meet its obligations to the IA2 partners. Director Engler explained that the City could have excess water during the winter months. The City could sell the excess PUBLIC WORKS COMMITTEE MINUTES Page 6 of 7 NOVEMBER 13, 2000 groundwater to Lakehaven, who would store it in their distribution system and use it for their customers. In the summer, when the City is at the end of the period when its wells can be pumped, Lakehaven would make water available to the City, allowing the City to maintain an annualized supply. The City would essentially get credit for the water provided to Lakehaven. Lengthy discussion was held on the two proposals. Council/Committee member Poe asked for a technical presentation on Lakehaven's Oasis project. In response to a question from Council/Committee member Lewis, Mortimer responded that the City would continue to pursue its water rights application; however, it would be on a seasonal basis, rather than annual. Mortimer will continue to pursue both proposals, working with PSE and Lakehaven Utility District. C. LAKE TAPPS TASK FORCE/PUGET SOUND ENERGY UPDATE Director Engler stated that she wanted to keep the Committee apprised of the issues, some of which were previously discussed along with water rights. She stated she is not comfortable with PSE's request for a confidentiality agreement. Council/Committee members Wagner and Lewis said that they would not be opposed to a confidentiality agreement if it was very specific and was for reasons related to private enterprise. D. DEPARTMENT OF ECOLOGY MBTE STUDY Director Engler explained that she wanted to bring this issue to the Committee's attention due to headlines in a local newspaper that claimed groundwater in Kent and Auburn is contaminated. Water Quality Programs Coordinator Chris Thorn explained that MBTE is an additive used to oxygenate gasoline, creating better combustion. He stated that when gas containing MBTE leaks, it can get into the groundwater readily because is moves through soil and disperses in water. It does not biodegrade in the subsurface. The Department of Ecology (DOE) conducted a study of 70 contaminated sites in Washington, 3 of which were located within the Auburn City limits. Of the three sites located in Auburn, two had detectable levels of MBTE, while one did not. The two sites that had detectable levels are located in the north end of town, and are outside of the zone of contribution to our wells. The City is proposing to wait until 2002 to begin monitoring for MBTE. The City has its water supply regularly tested for VOC's. The lab that currently performs our analysis has stated that if MBTE was present in our water supply, it would show up during the ¥OC testing. If they saw indications of it, the lab would do specific testing to verify their findings. Thus far, they have not seen anything that indicates that MBTE is present in our water supply. Director Engler gave an update on Well 5. The well has been TV'd, and three 20-foot sections of PVC sounding tube were found in the bottom of the well. The tubing will be fished out. The TV also showed silt over the screens, which will be cleaned and then all material will be sucked out. Since the pumping equipment is 21 years old, it will be disassembled and inspected by Cascade Machinery, and then repaired, rehabilitated or replaced based on their recommendation. Because of numerous problems encountered, the project costs have risen from about $20,000 to about $40,000.