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HomeMy WebLinkAbout05-02-2011 Agenda Packet City Council Meeting May 2, 2011 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute B. Roll Call C. Announcements, Appointments, and Presentations 1. Proclamation - "Police Week" and "Peace Officers Memorial Day" Mayor Lewis to declare the week of May 15-21, 2011 as "Police Week" and May 15, 2011 as "Peace Officers Memorial Day" in the city of Auburn. 2. Proclamation - "Relay for Life Auburn Days" Mayor Lewis to proclaim May 13 and 14, 2011 as "Relay for Life Auburn Days" in the city of Auburn. 3. Parks and Recreation Board City Council confirm the appointment of David Domenowski to the Parks and Recreation Board for a three-year term expiring December 31, 2013. (ACTION REQUESTED: City Council confirm the appointment of David Domenowski to the Parks and Recreation Board.) 4. White River Trail Mural Presentation Presentation by artist Rachel Dotson and Auburn Riverside High School students. D. Agenda Modifications II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing is scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C. Correspondence There is no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services 1. April 25, 2011 Minutes* (Peloza) B. Planning & Community Development 1. April 25, 2011 Minutes* (Norman) C. Public Works 1. April 18, 2011 Minutes* (Wagner) D. Finance 1. April 18, 2011 Minutes* (Backus) E. Les Gove Community Campus F. Downtown Redevelopment 1. April 26, 2011 Minutes* (Norman) G. Council Operations Committee IV. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on state, regional and local organizations. A. From the Council B. From the Mayor V. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the April 18, 2011 City Council Meeting* B. Claims (Backus/Coleman) Claims check numbers 403668 through 404005 in the amount of $2,521,619.67 and three wire transfers in the amount of $217,488.37 and dated May 2, 2011. C. Payroll (Backus/Coleman) Payroll check numbers 531231 to 531316 in the amount of $299,594.82 and electronic deposit transmissions in the amount of $1,114,098.09 for a grand total of $1,413,692.91 for the pay period covering April 14, 2011 to April 27, 2011. D. Public Works Project No. C207A* (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. C207A, A Street NW Extension (A/B Corridor). E. Public Works Project No. C507B* (Wagner/Dowdy) City Council award Contract 11-03, Project No. C507B, Auburn/Pacific Trail Skinner Road/3rd Avenue SE (Phase 2), to Pacific Northwest Earthworks on their low bid of $84,574.00. F. Public Works Project No. CP0914* (Wagner/Dowdy) City Council approve Final Pay Estimate #5 to Contract 10-19 with Travers Electric in the amount of $14,908.73 for a total contract price of $330,503.73, and accept construction of Project No. CP0914, F Street SE / 4th Street SE Traffic Signal. G. Public Works Project No. CP1103* (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-404 with Roth Hill, LLC for Engineering and Construction Services for Project No. CP1103, 132nd Ave SE Tacoma Pipeline 5 Intertie Project. (ACTION REQUESTED: City Council approve the Consent Agenda.) VI. UNFINISHED BUSINESS There is no unfinished business. VII. NEW BUSINESS There is no new business. VIII. ORDINANCES A. There is no Ordinance for Council consideration. IX. RESOLUTIONS A. Resolution No. 4702* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Payback Agreement for Developer's Extension between the City of Auburn and Prium Development Company, LLC (ACTION REQUESTED: City Council adopt Resolution No. 4702.) B. Resolution No. 4706* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate and execute an agreement with Puget Sound Energy, Inc for the purpose of relocating power facilities in advance of construction of the A Street NW Extension(A/B Corridor) (C207A)Project (ACTION REQUESTED: City Council adopt Resolution No. 4706.) C. Resolution No. 4707* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Local Agency Supplemental Agreement between the City of Auburn and Washington State Department of Transportation relating to Project No. C207A, A Street NW Extension (ACTION REQUESTED: City Council adopt Resolution No. 4707.) X. 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. MUNICIPAL SERVICES COMMITTEE April 25, 2011 __ MINUTES I. CALL TO ORDER 3:30 PM, AUBURN CITY HALL, 25 W. MAIN STREET, CONFERENCE ROOM NO. 3, 2ND FLOOR Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 on the second floor of City Hall, 25 West Main Street, Auburn WA. Members present: Chair Bill Peloza, Member John Partridge. Councilmember Rich Wagner attended for Vice Chair Sue Singer who was excused. Staff present: Pete Lewis, Mayor, Chief of Police Bob Lee, Finance Director Shelley Coleman, Assistant Chief of Police Bob Karnofski, City Attorney Dan Heid, HR Director Brenda Heineman, Public Works Director Dennis Dowdy, Planning & Development Director Kevin Snyder, Employee Relations & Compensation Manager John Fletcher, Finance Director Shelley Coleman, Parks & Recreation Director Daryl Faber and Police Secretary Kathy Emmert. Others present: Dr. Don Edwards D.V.M. observing for the Auburn Valley Humane Society, citizens Wayne Osborne and Shirlee Partridge and Auburn Reporter representative Robert Whale. II. AGENDA MODIFICATIONS III. CONSENT ITEMS A. Approval of Minutes of the April 11, 2011 Municipal Services Committee Meeting Member Partridge moved to approve the Minutes of the April 11, 2011 meeting as presented. Councilmember Wagner seconded. Chair Peloza concurred. MOTION CARRIED: 3-0 IV. ORDINANCES AND RESOLUTIONS (Action Items) V. INFORMATION / DISCUSSION ITEMS A. Animal Control & Rescue (Heineman) Director Heineman presented a detailed conservative estimate of the fiscal projections for the proposed Auburn Valley Humane Society (AVHS) partnership with the City to provide animal control and rescue/shelter services for the citizens of Auburn. The analysis of the savings to the City long term and the timeline to complete this partnership were discussed. Page 1 MS.1 Municipal Services Minutes April 25, 2011 Page 2 The next step is for Director Heineman to begin negotiations toward accomplishing this long term goal. B. Animal Contol Licensing Program (Snyder) Director Snyder provided a detailed summary memorandum of the Animal Services Licensing Program. The addition of temporary personnel focused on licensing has increased the revenue and projections for additional revenue for the foreseeable future. There are multiple opportunities to partner with local businesses, veterinarians in an effort to bring the pet owners within the city into compliance with King County and Auburn regulations. This effort will continue and will be enhanced by the proposed partnership with the Auburn Valley Humane Society. C. King County Taxicab Enforcement Issues (Snyder) Director Snyder provided the Committee with an update on the meeting with King County Taxicab enforcement officieals, at which he and City Attorney Heid discussed the City’s concerns which are shared by King County. King County will be addressing these universal concerns systemwide and will step up enforcement. The City outlined their expectations regarding enforcement and it was agreed that the City will take the lead with enforcement within the City and King County will be the back up. There is one taxi company operating within the City that does not have a King County license due to the County having a restriction on the number of licenses it can issue. King County works with the City regarding that entity. King County Taxicab officials are willing to make a presentation to the Committee. The Committee felt that their questions were answered and that there would be no value to a presentation at this time. This item will be removed from the Matrix. D. Golf Course Operations Quarterly Report* (Faber) Director Faber augmented the document in the packet with photos of the golf course frozen and flooded. In addition he provided a breakdown of the weather for the first quarter that has adversely affected revenues. As the weather improves, there are opportunities such as a Merchant League and Family & Friends Fun League which will fill available slots not already taken with golfers or tournaments utilizing the course more regularly. Currently there are 45 tournaments scheduled for the season, many with 144 golfers per tournament. Since the implementation of the interfund loan to the golf course, future quarterly reports will include a balance sheet of the loan balance sheet. E. Copper Falls Quarterly Report* (Coleman) Director Coleman provided revenue reports for the restaurant/banquet facility at the golf course. Director Faber added that there are services MS.1 Municipal Services Minutes April 25, 2011 Page 3 now being offered by the restaurant to provide food for early morning golfers. There have also been some menu changes which have been well received. F. Golf Course Working Capital Review* (Coleman) Director Coleman provided the Working Capital Statement for the golf course which outlines the expenses, revenues and projected revenues as of March 31, 2011. G. Red Light Photo Enforcement Quarterly Report (Lee) Assistant Chief of Police Karnofski provided a detailed report comparing statistics from the first quarter of 2008, 2009, 2010 and 2011. The statistics indicate a reduction in violations and infractions each year. In addition, the school speed zone enforcement is similarly successful. Collision data shows significant reductions for the 3 intersections with photosafe cameras. The conclusion is that the presence of photo enforcement has reduced traffice violations in the City and thus increased public safety. H. Matrix* The Matrix is amended as follows: x Item 26 P – Animal Control Licensing Program will be come a quarterly report x Item 2 I – Golf Course Operations – comment added to include the Interfund Loan Balance Sheet as part of the quarterly report. The first will be on July 25, 2011 with the other regular quarterly reports x Item 4 I - Dangerous Dog Ordinance Notification – removed from the Matrix x Item 8 I - King County Taxicab Enforcement Issues – removed from the Matrix VI. ADJOURN The meeting adjourned at 5 p.m. Signed this _____ day of May, 2011 ___________________________________ _______________________________ Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe MS.1 DRAFT PLANNING & COMMUNITY DEVELOPMENT COMMITTEE April 25, 2011 MINUTES I. CALL TO ORDER Chair Lynn Norman called the meeting to order at 5:04 p.m. in Annex Conference Room 2 located on the second floor of One Main Building, 1 East Main Street, Auburn, WA. Committee members present were: Chair Lynn Norman, and Member John Partridge. Committee members excused were: Vice Chair Nancy Backus Staff members present included: Mayor Pete Lewis, Planning & Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Sewer Utility Engineer Robert Elwell, Senior Planner Hillary Taylor, Economic Development Manager Doug Lein, City Attorney Dan Heid, Economic Development Planner Bill Thomas, and Planning & Development Secretary Tina Kriss. Audience Members Present: Green River Community College students, Harrison Llapitan, Kyle Hutchinson, Debvi Taylor-Hough, Ann Bjorgo, Jeneva Scherr, Titus Knight, David Knight, Nolan Koppelman, and Matt Sweeney and Wayne Osborne. II. ANNOUNCEMENTS AND AGENDA MODIFICATIONS III. CONSENT AGENDA A. Minutes of April 11, 2011 Member Partridge moved and Chair Norman seconded to approve the Consent Agenda as presented. MOTION CARRIED UNANIMOUSLY 2-0 IV. DISCUSSION and INFORMATION A. North Tapps Sewer Pump Station Payback Agreement Sewer Utility Engineer Robert Elwell presented the staff report on the North Tapps Sewer Pump Station Payback Agreement with Prium Development Company LLC (a.k.a. North Tapps Estates LLC). Prium Development Company LLC is eligible under Auburn City Code (ACC) 13.40.060, “Payback Agreement – Utilities” to recover a proportionate share of the design and construction costs from other benefiting properties. Committee asked what the full amount of potential payback would be; Mr. Elwell referred to the paypack charge calculation sheet reflecting the amount of $565,612.52 as the maximum amount eligible to be reimbursed per the estimated number Residential Customer Equivalents (RCE’s). Committee asked if there was a possibility of exceeding the 611 RCE’s and how much of an impact there would be. Mr. Elwell stated they are eligible for the total amount shown, $545,512.52, for reimbursement only. The payback period would be 15 years from the date the agreement is signed. PCD.1 Planning and Community Development Committee Minutes April 25, 2011 Page 2 B. Urban Farm Animals Code Amendment Senior Planner Hillary Taylor provided a briefing on the proposed Urban Farm Animals Code Amendment. Committee provided the following feedback: • Committee stated they liked the City of Renton example addressing lot sizes, animal size and type which would ultimately address neighborhood disturbances. • Chair Norman liked the City of Everett example as well which requires a license; possibly without a charge in an effort to educate the owners on code regulations. Member Partridge suggested a fee may assist in making the owner more responsible. Director Snyder suggested a registration system like the City’s temporary sign process with no fee. • Committee would like public input on the type of urban farm animals and concerns neighborhoods may have. • Staff confirmed RC and R1 would keep the same zoning regulations for this ordinance. • Committee asked staff to include the range of small urban animals listed and include more information on beekeeping. • Include the use of goats for vegetation control. • Committee suggested having classes or information from Auburn Parks & Recreation, WSU, King County, or Washington TILTH Association to educate the public. Staff stated they will bring this back before the Committee’s reflecting their feedback and information before going forward to Planning Commission to conduct a public hearing. At 5:30 p.m., Chair Norman recessed the meeting to executive session for approximately fifteen minutes in order to discuss pending/potential litigation pursuant to RCW 42.30.110(1)(i). Staff required for the executive session included City Attorney Heid, Mayor Lewis, Planning and Development Director Snyder and Planning Manager Elizabeth Chamberlain in addition to Committee. At 5:51 p.m. the meeting was reconvened by Chair Norman. C. Strategy Areas for Population/Business/Employment Director Snyder and Planning Manager Chamberlain provided a background on the five (5) strategy areas for population/business/employment discussed at the November 9, 2010 meeting. Initially these five (5) strategy areas came out of the City Council’s discussion at its retreat in October 2010, based in part on the City’s current Economic Development Strategies (November, 2005). Committee provided the following feedback, guidance and direction to questions provided by staff: 1. North End Strategy Area and Target Areas: a. This area should include Auburn Way North, I Street corridor, and the Robertson Property Group Area (RPG). b. Committee thought the strategy should consider an immediate and long term (20 year) vision. c. Committee would like to increase land use intensity and discuss mitigation for the increase in density such as for transportation. d. Staff stated as discussion begins on design staff will be looking for guidance which in time will assist mitigating the changes over time. e. Committee pointed out transit service is available along the Auburn Way North corridor so an increase of multi-family density would be supported. PCD.1 Planning and Community Development Committee Minutes April 25, 2011 Page 3 f. Staff pointed out there may be a higher intensity in land use for multi-family but also commercial yet the community as a whole will benefit from the increase. 2. Golden Triangle Strategy Area: a. Committee would like to limit this area to both sides of Auburn Way South from SR18 to the Muckleshoot Casino. b. Committee thought the streetscape and access should be improved. c. Committee supports an increase in multi-family since this area has access to services and Highways 18 and 167. d. Committee believes Les Gove Community Campus will influence but not drive area development. e. Member Partridge expressed is concerned about heavy traffic flow and additional impacts as a result of increased densities. f. Committee acknowledges growth will impact this area providing benefits and challenges so the City will need to mitigate and plan. 3. Urban Center Strategy Area: a. Committee wants to discuss protecting maintaining the neighborhood south of the Justice Center and if businesses should be allowed; Committee expressed concern that Main Street businesses may merge into these neighborhoods. b. Committee suggests waiting to discuss the Healthcare District Overlay after possibly meeting with Auburn Regional Medical Center’s newly hired CEO to see if there is an interest. Staff will bring this back with additional ideas. c. Committee stated future discussion should be aimed at defining the historic neighborhoods more distinctly. d. Committee suggests having a having a neighborhood meeting for neighborhood feedback. 4. AEP Green Zone Strategy: a. Committee suggests having this discussion after the Green Zone Summit. b. Committee suggests including part of the urban center as phase II of this area. 5. 15th Street SW & C Street Strategy Area and Target Areas: a. Committee stated 15th Street SW to Highway 18 and C Street SW to West Valley Highway is the strategy area. Committee stated the following areas can be considered for the receipt of planned population/business/employment density and land use intensity and should be discussed: a. The A Street SE Corridor Strategy Area towards Lakeland b. The Supermall site c. The area northwest of the C ST SW and 15th ST SW, tie into area number (5). d. The 312th Street/124th Avenue SE area by Lea Hill near Green River Community College (GRCC) needs to be added and discussed. D. Ordinance No. 6342, Construction Sales Tax Director Snyder asked for the Committee’s feedback for possible amendments on Ordinance No. 6342, Construction Sales Tax; brought before Committee January 10, 2011 and unanimously recommended for City Council approval. Subsequent to this meeting, Deputy Mayor Singer, prior to its review by the Municipal Services Committee at its January 24, 2011 meeting, identified several concerns with PCD.1 Planning and Community Development Committee Minutes April 25, 2011 Page 4 the Ordinance. Due to the concerns staff did not move forward for discussion at Municipal Services Committee. Staff is bringing Ordinance No. 6342 back to Committee asking: 1. Does this ordinance consider a broad enough range of eligible target business classes? 2. Would Committee support the inclusion of Motion Picture Theaters and Full Service restaurants to the Downtown urban Center in addition to Heavy Commercial District (C3) and the Mixed Use Commercial District (C4)? Committee stated that Motion Picture theaters and Full Service Restaurants should be kept on the list as they bring in patrons to the surrounding businesses. Director Snyder stated hotels were not included; they do not provide immediate tax revenue but are a contributor in bringing people in to increase sales tax revenue. Hotels could be added in to the Downtown Urban Center, C-3, or C-4 zones. Committee is supportive of adding Hotels to the Downtown Urban Center zone. Member Partridge expressed his concern for lost revenue from the tax exemption. Committee and staff discussed limitations the City has in providing tools and incentives to businesses for economic growth. Chair Norman pointed out by expanding or bringing in new businesses it not only provides tax revenue but more jobs, services and improved livability to City’s residence. Member Partridge asked if a business shut down and reopened would they be eligible for this tax exemption. Director Snyder stated the way the Ordinance is structured only new or expanding businesses would be eligible. Director Snyder stated he will review the feedback from Committee with Finance Director Coleman and return with the recommended chang es. E. Director’s Report F. PCDC Matrix Chair Norman asked if there were any questions on the matrix, there were none. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, Chair Norman adjourned the meeting at 7:18 p.m. APPROVED THIS ________ DAY OF ______________. Lynn Norman, Chair Tina Kriss, Planning and Development Secretary PCD.1 Page 1 CITY OF AUBURN PUBLIC WORKS COMMITTEE April 18, 2011 DRAFT MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. Committee members present were: Chairman Rich Wagner, Vice-Chair Bill Peloza, and Member Virginia Haugen. Also present during the meeting were: Mayor Peter B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Traffic Engineer Pablo Para, Engineering Aide Amber Mund, Project Engineer Leah Dunsdon, Project Engineer Jacob Sweeting, Project Engineer Ryan Vondrak, Storm Drainage Engineer Tim Carlaw, Sanitary Sewer Engineer Robert Elwell, Transportation Planner Joe Welsh, Planning Director Kevin Snyder, Finance Director Shelley Coleman, City Attorney Dan Heid, Planner Stuart Wagner, Citizen Wayne Osborne, and Department Secretary Jennifer Rigsby. II. CONSENT AGENDA A. APPROVAL OF MINUTES It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee approve the Public Works Committee minutes for date, April 4, 2011. Motion carried 3-0 . B. APPROVE RIGHT-OF-WAY USE PERMIT NO. 11-04 FOR CITY OF AUBURN PARKS, ARTS AND RECREATION 2011 CLEAN SWEEP Engineering Aide Mund explained that the Parks, Arts, and Recreation Department applied for their permit for the annual Clean Sweep event which will close Main Street and a portion of Division Street. The application is the same as it was in previous years. Clean Sweep will be held on May 7, 2011. Member Haugen asked if there will be any non-profit organizations selling coffee at the event. Engineering Aide Mund answered that Recreation Special Programs/Marketing Manager Julie Brewer organized the Clean Sweep event and has not mentioned any organizations selling refreshments other than the Pancake Breakfast. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee approve Right-of Way Use Permit No. 11-04 for City of Auburn Parks, Arts and Recreation 2011 Clean Sweep. Motion carried 3-0. PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 2 C. PERMISSION TO INITIATE PROJECT NO. CP1013 S 296TH STREET AND BRY’S COVE STORM PONDS IMPROVEMENTS – PHASE I Assistant Director/City Engineer Selle requested Discussion & Information Item A be presented prior to the Committee taking action on Consent Item C. Storm Drainage Engineer Carlaw distributed vicinity maps of the project area and Outflow Hydrographs for the 6-month and 5-year storm events to the Committee. Storm Drainage Engineer Carlaw stated that the goal of the project is to reduce peak flows downstream. The Committee and staff reviewed the vicinity maps of Phase I, Phase 2A, and Phase 2B of the project. Carlaw provided background information regarding the Bry’s Cove Storm Ponds. The Committee and staff reviewed the Outflow Hydrographs and the summaries of pond volume and peak flow reduction for Phase I and Phase 2. After discovering an error on the graphs, Storm Drainage Engineer Carlaw stated that he would make corrections to them and redistribute. Chairman Wagner suggested that action on the item be postponed and asked that the Committee be provided with additional information regarding Phase 2 of the project. Information for the next meeting should include the cost and project scope for Phase 2. The Committee agreed. Chairman Wagner spoke about the possibility of the City having to spend additional storm funds on flood control measures such as the removal of the temporary levees and the possible need to postpone non-urgent storm projects to cover those costs. Mayor Lewis responded that curtailing the project list may not be the best approach and requested additional discussion regarding the matter at the next meeting. Storm Drainage Engineer Carlaw pointed out that Project No. CP1013 is identified in the Comprehensive Plan and that it benefits downstream property owners. Carlaw discussed how the storm pond improvements will impact the drainage problems in the valley, in response to a question asked by Vice-Chair Peloza. Assistant Director/City Engineer Selle explained that the storm pond improvements increase capacity so there will be more storage and a reduced rate of discharge coming out of the ponds which then reduces the amount of flow coming into the valley. Storm Drainage Engineer Carlaw stated that the project is not intended to assist in any future development, in response to a question asked by Member Haugen. Mayor Lewis spoke about the problems associated with water flowing off of the hillsides and stated that one of the most identifiable project that King County had programmed to eliminate some of the water is the Bry’s Cove Storm Ponds Improvement project and that is why City staff included the project in the Comprehensive Plan. Chairman Wagner requested additional information on larger storm events. PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 3 Staff will return to the Committee with the full scope of both phases of the project and additional information regarding stormwater drainage in the Green River valley. Chairman Wagner asked if the Committee would like to move forward with the initiation of the project. Vice-Chair Peloza stated that he needed more data and that action should not be taken at this time. Member Haugen agreed. D. APPROVE FINAL PAY ESTIMATE NO. 9 TO CONTRACT 10-01 IN THE AMOUNT OF $3,657.50, FOR A TOTAL CONTRACT PRICE OF $712,396.30, WITH HOFFMAN CONSTRUCTION, INC. AND ACCEPT CONSTRUCTION OF PROJECT NO. CP0817, 2009 SEWER AND STORM PUMP STATION REPLACEMENT, PHASE A – DOGWOOD SEWER PUMP STATION Chairman Wagner asked if there have been any complaints regarding the landscaping surrounding the pump station. Project Engineer Sweeting said that there have been no complaints and stated staff has been working with the Muckleshoot Indian Tribe to make sure the pump stations does not disturb the aesthetics of the cemetery. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee recommend Council approve Final Pay Estimate No. 9 to Contract No. 10-01 and accept construction of Project No. CP0817, 2009 Sewer and Storm Pump Station Replacement, Phase A – Dogwood Pump Station. Motion carried 3-0. III. ISSUES A. RESOLUTION NO. 4703 AUTHORIZING A JOINT DEVELOPER PARTICIPATION AGREEMENT WITH MULTICARE HEALTH SYSTEMS FOR THE PURPOSE OF COMPETING ROADWAY IMPROVEMENTS ALONG 10TH STREET NE/NW AS PART OF THE CITY’S A STREET NW EXTENSION PROJECT C207A Assistant City Engineer Gaub answered questions asked by Chairman Wagner and Vice-Chair Peloza regarding the length and width of the 10th Street NW/NE roadway. Assistant City Engineer Gaub stated that the MultiCare property does not have access to A Street NW as part of the current project, C207A, in response to comments made by Chairman Wagner regarding section 2.3 of the original 2003 agreement with MultiCare. Assistant City Engineer Gaub stated that part of the design plans attached to the 2003 agreement showed an access on 10th Street for MultiCare’s property, which is where their current access is located. Part of what MultiCare is paying for under the proposed agreement includes the 10th Street access construction. Gaub stated that she has spoken to the MultiCare staff regarding future access on A Street NW and the City’s expectation for compensation for the Right-of-Way if that were to occur. Assistant City Engineer Gaub verified that MultiCare will have no access to A Street NW as part of this project, in response to questions asked by Chairman Wagner. Chairman Wagner stated that the agreement appeared to be reasonable. In response to questions asked by Vice-Chair Peloza, Assistant City Engineer Gaub explained that the 2003 agreement covered the dedication of the Right-of-Way on A Street by granting Traffic Impact Fees or paying if development did not move forward by a date certain. Also PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 4 included was the provision that a separate agreement would be entered into when the City moved forward with Project No. C207A for MultiCare to pay the City for completing the half- street improvements on 10th Street if desired. Assistant City Engineer Gaub reviewed an aerial map showing the streets included in the new agreement with MultiCare with the Committee. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee recommend Council introduce and adopt Resolution No. 4703. Motion carried 3-0. AGENDA MODIFICATION B. RESOLUTION NO. 4704 AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH PUGET SOUND ENERGY INC FOR THE PURPOSE OF RELOCATING POWER FACILITIES IN ADVANCE OF CONSTRUCTION OF THE SOUTH DIVISION STREET PROMENADE PROJECT Project Engineer Vondrak stated that the resolution authorizes the Mayor to negotiate a contract with Puget Sound Energy (PSE). Chairman Wagner asked about the schedule for the project. Project Engineer Vondrak answered that the schedule and cost are still being negotiated. Vondrak stated that the updated cost received from PSE is approximately $324,000.00. Chairman Wagner asked if there are consequences if PSE’s work is not completed on time. Project Engineer Vondrak stated that PSE is ready to start work as soon as the agreement is completed and they are confident that most of the work will be done prior to the beginning of construction of the Promenade. Assistant City Engineer Gaub pointed out that the City is paying for this relocation so any monetary penalty for delay would be passed on to the City, following comments made by Chairman Wagner. Assistant City Engineer Gaub explained that there are limitations as to the schedule for work PSE would agree to and described some of the emergency situations that PSE may need to respond to which would delay the relocation of the power facilities. Chairman Wagner voiced his concerns about not having consequences for delays in the relocation schedule included in the agreement. Assistant Director/City Engineer Selle stated that PSE does not have a history of entering into agreements that include fines for delays in the work schedule. Selle stated that staff has been working closely with PSE on the scope of the project and the construction schedule. Selle said that staff is confident, based on discussions with PSE, the work will be completed on time. Mayor Lewis stated that recent coordination experiences with PSE have gone very well. Vice-Chair Peloza pointed out that there is a Force Majeure included in the agreement. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee recommend Council introduce and adopt Resolution No. 4704. Motion carried 3-0. PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 5 IV. DISCUSSION AND INFORMATION A. BRY’S COVE STORM POND IMPROVEMENTS DISCUSSION This item was discussed as part of Consent Item C. B. AIRPORT STORMWATER INVENTORY Storm Drainage Engineer Carlaw distributed the Airport Drainage System Plan to the Committee. Carlaw explained that the airport’s contract included an inventory of the airport property and the immediate tributary structures. Carlaw reviewed the initial tasks included in the contract. Task 1 was to compile the data through City records, as-built drawings, aerial photography and field survey. Tasks 2 and 3 were the completion of the system map and data tables. Task 4 was identifying the problem areas through interview and observation and there are approximately four problem areas. Storm Drainage Engineer Carlaw described the method used for the identification of the problem areas. Carlaw stated that photographs were taken of all of the structures and some more problematic lines were TV’d. Carlaw reported that staff is very satisfied with the inventory. Chairman Wagner requested a copy of the written report be provided to all of the Councilmembers. Utilities Engineer Repp discussed the background information that lead to the stormwater inventory at the airport. Repp explained that staff will continue to work with Finance Director Coleman and the Airport Board to further identify problem areas and make recommendations for improvements. Vice-Chair Peloza asked that staff present the findings to the Airport Advisory Committee next month. Chairman Wagner asked if there has been any long term consideration given to converting the runway to pervious pavement. Finance Director Coleman said that the runway was overlaid in 2006 and the taxi ways were treated in 2009 and any long term plans would need to be included in the Comprehensive Plan and approved by the FFA. Chairman Wagner suggested that staff may want to consider planning for it in the future and include it in the consultant recommendation. Mayor Lewis spoke about the FFA potentially supporting such measures and encouraged staff to look at the possibility. Chairman Wagner asked if there are still flooding problems on 30th Street NE. Storm Drainage Engineer Carlaw answered that there have been no problems observed in the last year. Carlaw said that the pipeline that runs along 30th Street and out to the Brannan Park Pump Station is old and is in the process of being TV’d. Carlaw said that staff believes there is some sediment built up in the pipeline. Staff is developing a series of improvements to reduce flooding in the basin and will bring this information to Committee for review. Chairman Wagner stated that in his opinion the inventory was a good investment. Chairman Wagner asked what the contract price was. Storm Drainage Engineer Carlaw answered it was under $100,000.00. PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 6 C. ORDINANCE NO. 6360 – INTERIM ZONING CONTROLS FOR REAL ESTATE SIGNS Planning Director Snyder distributed photographs of examples of the types of signs addressed by Ordinance No. 6360. Planning Director Snyder explained that the City has received inquiries from various developers and property owners about potentially relaxing the current City Codes regarding signs advertising properties for sale. Snyder stated that there is a method under current State statute for interim zoning controls provided that the City makes a long term commitment to develop a set of permanent controls. Ordinance No. 6360 would establish one year interim zoning controls pertaining to the allowance, dimensions and location of real estate signs for the sale, lease or rent of residential and non-residential property. Planning Director Snyder reported that the Planning and Community Development Committee voted unanimously to move the ordinance forward to City Council for introduction and adoption. The ordinance is on the Council agenda for April 18, 2011 and upon approval a Public Hearing must be held within 60 days. The Public Hearing is tentatively scheduled for June 6, 2011. Chairman Wagner asked if the interim zoning control contained any restriction on how far away from a development signs can be posted. Planning Director Snyder answered that currently there are no restrictions but there is discretion in the proposed language that would allow for the Planning Director to make location determinations. Chairman Wagner asked if there are any grandfathering rights at the end of the one year time limit. Snyder answered that once the ordinance expires, if there are no permanent controls in place, City Code would revert back to the existing language. If there is a new code in place then that code would apply and there is no grandfathering. This was confirmed by the City Attorney. Chairman Wagner asked if the interim code would include electronic messaging signs. Both Mayor Lewis and Planning Director Snyder stated that Councilmemeber Norman was very specific that the ordinance not allow electronic messaging signs. Snyder stated that electronic messaging signs are only allowed in certain zones of the City and this is addressed in existing sign code. Member Haugen asked that her concerns regarding the environmental impact of balloons, which are attached to signs, be reflected in the minutes. The Committee and staff discussed the control and use of balloons. Planning Director Snyder stated that balloons are currently allowed under City Code, but that is language that can be reviewed during the one year interim period. Chairman Wagner suggested language that would provide for some control over the use of balloons without outlawing their use completely. PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 7 D. RESOLUTION NO. 4701 – MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES* Planning Director Snyder requested that the item be removed from the agenda as this particular State legislation is not moving forward. City Attorney Heid stated that if anything does move forward, staff will reintroduce the resolution for adoption. The Committee agreed that the item should be removed from the agenda. E. AUBURN WAY SOUTH/M STREET SE/17th STREET SE INTERSECTION UPDATE Using a map, Traffic Engineer Para reviewed the collision data for the intersections of Auburn Way S/M Street SE, Auburn Way S/17th Street SE, and M Street SE/17th Street SE with the Committee. Member Haugen asked if there was any signage northbound on Auburn Way S to slow down traffic prior to the M Street SE intersection. Traffic Engineer Para answered that there is a speed limit sign that reduces speed from 45 miles per hour to 35 miles per hour and there is also a speed reduction sign. Member Haugen asked if the yellow light timing at the Auburn Way S/M Street SE intersection is standard. Traffic Engineer Para confirmed that the timing is based on the IT standards that consider the geometry and roadway speeds and is consistent with how the other signals are timed within the City. Traffic Engineer Para reviewed some of the completed and future projects at the intersections with the Committee. Traffic Engineer Para described the types of “sideswipe” accidents that have occurred at the Auburn Way S/M Street SE intersection, in response to a question asked by Vice-Chair Peloza. Para stated that the project just completed at Auburn W ay South and M Street SE that added protected left turns should help to reduce the number of approach turn accidents at the intersection. Member Haugen spoke about the amount of time it can take disabled citizens to cross the street at Auburn Way S and M Street SE. Traffic Engineer Para responded that safe pedestrian crossing will be a subject reviewed during the study of the intersection. Para spoke about the possibility of reducing rear end accidents at the intersection by creating a right turn pocket on northbound Auburn Way S on to M Street SE. Chairman Wagner asked if there are special pedestrian crossing signals for the disabled that will allow more time for them to cross an intersection. Traffic Engineer Para there is the ability to provide extended time for crossing with a specialized type of button if the controller is capable of the programming. Chairman Wagner suggested staff look into adding them to the intersection. Member Haugen requested a copy of the intersection map. The project recently approved by the Committee at the 17th Street SE/M Street SE intersection will eliminate left turns and eastbound through movements. The project will begin construction PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 8 in Summer 2011. Chairman Wagner asked if only c-curb will be used or if there will be candles as well. Para answered that there will be 28 inch high tubular markers with reflectors. An intersection capacity/safety study and analysis is also planned. The study will include improving the westbound 17th Street SE right turn movement as part of the analysis of operational revisions. The study will also include examination of roadway geometry and Right- of-Way impacts at the intersections. Assistant Director/City Engineer Selle stated that before any improvements are made staff will also consider that there was a recommendation from the Bicycle Task Force to use M Street SE as a bicycle crossing. Staff will consider the implementations of including bicycle lanes. The Committee and staff discussed possible changes to the intersections that may increase safety. Chairman Wagner suggested staff consider the reinstallation of the c-curb on M Street SE, north of Auburn Way South, to prevent left turns out of businesses on to M Street SE. Chairman Wagner stated that the study will probably justify the c-curb being there. Traffic Engineer Para said the staff plan is to continue with the study and report findings to the Committee at the second Public Works Committee Meeting in August 2011. F. ACCESS FOR LAKELAND NORTHEAST COMMERCIAL SITE - LAKELAND HILLS WAY SE AND LAKE TAPPS PARKWAY Transportation Planner Welsh explained that the site at the corner of Lakeland Hills Way SE and Lake Tapps Parkway is currently undeveloped. Using an aerial map, Welsh pointed out the site location to the Committee. Welsh stated that the first tenant that will move into the site is Chase Bank, a 4,200 sq. ft. bank with a drive-thru. The applicant requested direct access to Lakeland Hills Way SE and Lake Tapps Parkway. In order to provide safe access to both roads in accordance to the City’s standards there needs to be restricted right in/right out access on Lakeland Hills Way. Welsh said that in this situation the most useful and effective tool to create the restricted access is c- curb. The Committee and staff reviewed the channelization plan. Welsh stated that the proposed plan is to allow left turns in but no left turns out of the site from Lakeland Hills Way. Welsh stated that there are no opposing businesses or driveways across the street on Lakeland Hills Way that would be impacted by the c-curb. Transportation Planner Welsh answered questions asked by Chairman Wagner regarding the second proposed access location on Lake Tapps Parkway. The access is automatically restricted to right in/right out turn at that location because there is a median and c-curb already in place. PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 9 Chairman Wagner asked if the applicant will pay for the installation of the c-curb. Welsh answered that the applicant will incur the cost. Member Haugen asked if the applicant will be required to maintain the c-curb. Assistant Director/City Engineer Selle answered that once it is constructed, like any other public improvement, it will be dedicated to the City and then it will be the City’s responsibility to provide maintenance. The Committee was in agreement with the proposed channelization plan. G. RELINQUISHMENT OF EASEMENT – JOVITA HEIGHTS Sewer Utility Engineer Elwell distributed a map showing the area where the easement is. Elwell explained that the easement is in the Jovita Heights area, south of SR 18 and west of West Valley Highway. The easement runs down a steep hillside. As part of the evaluation of the Jovita Heights plat, it was determined that the existing easement is not needed since more advantageous locations for the placing the utilities were utilized. It has been determined that there is no need for the City to maintain the easement and a request has been made to relinquish it. Chairman Wagner asked if part of a waterline still ran through the easement. Elwell explained that there is a separate easement that encompasses that line, which is not shown on the map. The Committee agreed that the easement should be relinquished. H. RESOLUTION NO. 4702 NORTH TAPPS SEWER PUMP STATION PAYBACK AGREEMENT Sewer Utility Engineer Elwell explained that in 2006-2007 the North Tapp Estates Development constructed a sewer pump station and the developer is now applying for a Payback Agreement to recover some of the the engineering and construction costs. Sewer Utility Engineer Elwell answered questions asked by Vice-Chair Peloza about hook-up fees and how the charges were assessed for the benefiting properties, in response to questions asked by Vice-Chair Peloza. Vice-Chair Peloza asked if the area is in Pierce County. Sewer Utility Engineer Elwell answered that it is in the Pierce County portion of the City. Assistant Director/City Engineer Selle answered questions asked by Vice-Chair Peloza regarding what would happen to the agreement if the developer were to go out of business. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner regarding what would happen to the agreement if the properties developed were multi-family instead of single-family units as planned. Sewer Utility Engineer Elwell said that the resolution will be discussed at the next Planning and Community Development Meeting and then brought back to the Public Works Committee for action. PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 10 I. CAPITAL PROJECT STATUS REPORT Item 10 – CP0817 – 2009 Sewer & Storm Pump Station Replacement – Phase B Ellingson: Chairman Wagner asked if there will be an impact on traffic during construction. Assistant City Engineer Gaub answered that there is utility work to tie the new infrastructure to the lines in Ellingson Road which will interrupt traffic on Ellingson Road east of A Street. Chairman Wagner asked if the pump station will handle storm water. Gaub answered that the Ellingson station would not pump stormwater, but the W hite River Pump Station, part of Phase C of the project, does. Item 2 – CP0701 – 8th and R Street Traffic Signal: Vice-Chair Peloza commended the success of the project and stated that traffic is moving smoothly. Item 15 – CP1005 – South Division Street Promenade Project: Assistant City Engineer Gaub stated that the Committee will probably not be asked to award the contract for the project until the second meeting in May 2011 and the goal is to have the PSE facilities relocated by June 1, 2011. Chairman Wagner asked if there is a detour plan for the project. Assistant City Engineer Gaub answered that there will be a plan developed once project staging is determined. The plan will probably be completed and brought to the Committee in June. Assistant City Engineer Gaub said that the first work started will likley be utility replacement work which may not require full road closures. The Committee and staff discussed the project construction schedule. Item 20 – C201A – M Street Underpass (Grade Separation): Vice-Chair Peloza asked when the construction start date will be. Assistant City Engineer Gaub answered that if everything stays on schedule the project will bid in October 2011 and construction should start at the end of the year or beginning of 2012. Gaub said that demolition of the houses purchased by the City will begin in a month or two depending on when they are vacated. Vice-Chair Peloza asked for a more detailed construction schedule. Chairman Wagner asked if there will be a project detail sign posted in the project vicinity. Assistant City Engineer Gaub said that staff is working on a sign to post. Gaub said it will take approximately 18 to 24 months to complete construction the project. The Committee and staff discussed the dimensions of the sign. Vice-Chair Peloza asked for a project fact sheet to answer questions from citizens. Assistant City Engineer Gaub reviewed the apartment complex access in response to questions asked by Vice-Chair Peloza. Chairman Wagner suggested additional information regarding pedestrian access to the apartment complex be available for the public. Assistant City Engineer Gaub responded that the standard language in the contract will require the contractor to provide for pedestrian access around the construction site. PW.1 Public Works Committee Minutes April 18, 2011 DRAFT MINUTES Page 11 Assistant Director/City Engineer Selle said that staff will work with the contractor to make sure that the public is informed about vehicular and pedestrian traffic impacts. The Committee and staff discussed the noise impact in the construction area. Assistant City Engineer Gaub answered questions asked by Vice-Chair Peloza regarding the City acquisition of the properties that are going to be impacted by the project. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:33 p.m. Approved this 2nd day of May, 2011. Rich Wagner Jennifer Rigsby Chairman Public Works Department Secretary PW.1 Finance Committee April 18, 2011 - 6:00 PM Annex Room 1 MINUTES I.CALL TO ORDER Chair Backus called the meeting to order at 6:00 p.m. in Conference Room 1 located on the second floor of the City Hall Annex located at One East Main Street in Auburn. A.Roll Call Chair Backus, Vice Chair Lynn Norman and Member Rich Wagner were present. Also present during the meeting were Mayor Peter B. Lewis, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Police Chief Bob Lee, Planning and Development Director Kevin Snyder, Public Works Director Dennis Dowdy, Emergency Preparedness Manager Sarah Miller, and City Clerk Danielle Daskam. B.Announcements There was no announcement. C.Agenda Modifications Discussion of Resolution No. 4704 was added to the agenda. II.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A.April 4, 2011 Minutes Motion by Vice Chair Norman, second by Member Wagner to approve the April 4, 2011 minutes. MOTION CARRIED UNANIMOUSLY. 3-0. B.Claims Vouchers (Coleman) Claims check numbers 403299 through 403667 in the amount of $2,317,814.72 and dated April 18, 2011. C.Payroll Vouchers (Coleman) Payroll check numbers 531135 to 531230 in the amount of $813,375.95 and electronic deposit transmissions in the amount of $1,101,995.38 for a grand total of $1,915,371.33 for the pay period covering March 31, 2011 to April 13, 2011. Committee members reviewed the vouchers and briefly discussed voucher numbers 403308, 403311, 403614, 403603, 403476, 403395, and 403539. Page 1 of 3 FN.1 Vice Chair Norman moved and Member Wagner seconded to approve the vouchers. MOTION CARRIED UNANIMSOULY. 3-0. III.DISCUSSION ITEMS A.Resolution No. 4697 (Lee) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the Washington State Military Department in the amount of Fifty Seven Thousand Five Hundred Twenty Dollars ($57,520.00) from the United States Department of Homeland Security Emergency Management Performance Grant Program, and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Emergency Preparedness Manager Miller explained that the resolution authorizes the acceptance of a $57,520 grant from the U.S. Department of Homeland Security to be used for emergency management activities. B.Resolution No. 4698 (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the King County Office of Emergency Management in the amount of Nineteen Thousand One Hundred Seventy Dollars ($19,170.00) to provide regional Citizen Corps activities and equipment Committee members reviewed Resolution No. 4698. Emergency Preparedness Manager Miller reported that the resolution approves the acceptance of a grant in the amount of $19,170 from the King County Office of Emergency Management. C.Resolution No. 4703 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Joint Developer Participation Agreement with Multicare Health Systems for the purpose of completing roadway improvements along 10th Street NE/NW as part of the City's A Street NW Extension Project No. C207A Public Works Director Dennis Dowdy presented a map of the vicinity. Director Dowdy explained that the resolution authorizes a Joint Developer Agreement with Multicare Health Systems related to completing roadway improvements along 10th Street NE/NW as part of the City's A Street NW extension project. The agreement provides that Multicare will reimburse the City for the cost of the design and permitting of the wetland mitigation site and stormwater handling and design of Multicare's half street improvements for 10th Street NE. Multicare will reimburse the City for the work. D.February 2011 Financial Report (Coleman) Committee members reviewed the February 2011 Monthly Financial Report and briefly discussed the year-to-date revenues and expenditures. E.Resolution No. 4704 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate and execute an Agreement with Puget Sound Energy, Inc. for the purpose of relocating power facilities in advance of construction of the South Division Street Promenade Project Page 2 of 3 FN.1 Public Works Director Dowdy presented Resolution No. 4704 which authorizes an agreement with Puget Sound Energy for the purpose of relocating power facilities in advance of construction of the South Division Street Promenade project. Staff recommends completing the relocation of the power facilities in advance of construction to minimize construction interruption and maintain the project schedule. The total estimated cost of the utilities relocation is $325,000 and will be funded with Local Revitalization Financing. IV.ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:28 p.m. APPROVED THIS ______ DAY OF _______________________, 2011. _______________________________ _________________________________ Nancy Backus, Chair Danielle Daskam, City Clerk Page 3 of 3 FN.1 Page 1 DRAFT DOWNTOWN REDEVELOPMENT COMMITTEE April 26, 2011 MINUTES I. CALL TO ORDER Chair Lynn Norman called the meeting to order at 4:00 p.m. in Conference Room 2, located on the second floor of One East Main Street, Auburn, W A. Committee Members present were: Chair Lynn Norman, Vice Chair Nancy Backus, and Member Rich Wagner. Staff present included: Planning & Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Assistant City Engineer Ingrid Gaub, Project Engineer Ryan Vondrak, Arts &and Events Manager Julie Brewer, Arts Coordinator Maija McKnight, Economic Development Manager Doug Lein, Planning and Development Support Clerk Bobbie Hodgkinson, and Planning and Development Secr etary Tina Kriss. Audience Members present were: Gail Spurrell, Ed Hahn and Ronnie Roberts. II. CONSENT AGENDA A. Meeting Minutes – April 12, 2011 Vice-Chair Backus moved and Member Wagner seconded to approve the consent agenda items as presented. MOTION CARRIED UNANIMOUSLY 3-0 III. DISCUSSION A. Utility Box “Sticker Project” Review for Clean Sweep Arts Coordinator Maija McKnight provided the staff report and PowerPoint presentation highlighting the work to be done in coordination with Clean Sweep 2011 and the Cultural Arts Division resulting in public artwork in downtown Auburn. There will be three or four different patterns that will be repeated on 12 boxes. Vinyl material will be used; it is reflective, appearing different in the daytime and nighttime when illuminated by headlights. The project is being funded by a Community based Services Grant and will include public participation and volunteer assistance. Member W agner expressed concern in maintaining the art work if tagged with graffiti; Ms. McKnight told Committee the vinyl applications can be replaced but the manufacturer does not expect the graffiti will damage the vinyl; the applications have a life span of 7 years. Member Wagner stated this could benefit other public works structures like pump stations if it works. Chair Norman asked if all sides will be treated, Ms. McKnight stated some boxes will have all four sides treated and others just three, depending on their proximity to other items/structures. Ms. McKnight stated they will be cleaning the surfaces before applying the vinyl. DR.1 Downtown Redevelopment Committee Minutes April 26, 2011 Page 2 The second Clean Sweep project to be completed in 2011 is a painted mural project; Ms. McKnight provided a PowerPoint presentation to show the examples of a painted mural; Artist Mauricio Robalino was selected by the Public Art Committee and has worked with the committee to develop a design. The mural will be painted with volunteer participation. The mural will be located on the South wall of Gosanko’s Chocolate located at 116 ‘A’ Street Southeast. Committee requested Planning and Community Development Committee review public art policies and procedures to ensure procedures for review are in place. Owner Ronnie Roberts stated he likes the art work, it is very colorful. Committee also stated they like color and design of the mural. B. Downtown Gateway Planning Manager Elizabeth Chamberlain provided background information on the Downtown Gateway that is part of the South Division Street Promenade project. Ms. Chamberlain stated the fonts are different on the City Hall Sign and the proposed Downtown Gateway. Ms. Chamberlain stated both were reviewed by the Downtown Redevelopment Committee last year and the theme between the two projects has been over arching, crisp and contemporary; the goal was that the two were coordinated but not identical. After discussion with Committee Member Wager stated he feels there is value in making sure there is consistency between signs and fonts to City signage and wayfinding, branding it in people’s minds. Member Wagner stated the gateway looks a lot different from the logo. Committee and staff stated part of the goal was to bring the old and new together; the City Hall Plaza has more block lettering which the architect thought was appropriate. Assistant City Engineer Ingrid Gaub stated it would require a change order to make this change for the Promenade project. Committee determined they would not make a change due to the change order. Member Wagner stated in the future while designing wayfinding we need to be more consistent; he likes the font and feels it would be good to continue to use it for branding. C. Pedestrian Kiosk Walking Tour Committee and staff determined they would postpone the walking tour for better weather. Committee reviewed the mock kiosk lettering; they liked the bold lettering verses the crisp lettering but will review the two on the tour. Staff will bring various examples of font types and sizes used in other jurisdictions for review. Ms. Chamberlain stated the only portion with lighting on the kiosk would be the panel, one side for a map and the other to post events and announcements. Chair Norman suggested keeping a minimum amount of text to keep it uncluttered. Staff will bring this back to Committee for the walking tour to discuss text, size, justification and location. D. DRC Matrix Chair Norman stated Downtown Parking has been added to the Matrix and will be discussed at the next meeting. DR.1 Downtown Redevelopment Committee Minutes April 26, 2011 Page 3 IV. INFORMATION V. ADJOURNMENT There being no further business to come before the Downtown Redevelopment Committee, Chair Norman adjourned the meeting at 4:38 p.m. APPROVED THIS DAY OF . Lynn Norman, Chair Tina Kriss, Planning and Development Secretary DR.1 City Council Meeting April 18, 2011 - 7:30 PM Auburn City Hall MINUTES I.CALL TO ORDER A.Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B.Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, Lynn Norman, Virginia Haugen and John Partridge. Deputy Mayor Singer was excused. Directors and staff members present included: Chief of Police Bob Lee, City Attorney Daniel B. Heid, Parks, Arts and Recreation Director Daryl Faber, Planning and Development Director Kevin Snyder, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Emergency Preparedness Manager Sarah Miller, Economic Development Manager Doug Lein, and City Clerk Danielle Daskam. C.Announcements, Appointments, and Presentations 1.Proclamation - "National Day of Prayer" (Mayor Lewis) Mayor Lewis to declare May 5, 2011 as "National Day of Prayer" in the city of Auburn. Mayor Lewis read and presented a proclamation declaring May 5, 2011 as "National Day of Prayer" in the city of Auburn to Marge Gordon, and urged all citizens to join him in this special observance. Mrs. Gordon thanked Mayor Lewis for his support of the faith community. 2.Appointment to Airport Advisory Board City Council to confirm the appointment of Robert Jones to the Airport Advisory Board to fill an unexpired term expiring December 31, 2012. Councilmember Wagner moved and Councilmember Backus seconded to confirm the appointment of Robert Jones to the Airport Advisory Board. Councilmember Bill Peloza spoke in favor of the motion. MOTION CARRIED UNANIMOUSLY. 6-0. 3.Appointments to Auburn International Farmers Market Board City Council to confirm the appointments of the following to the Auburn International Farmers Market Board: Mark Wayne - To a three year term expiring December 31, 2013 Page 1 of 8 CA.A Paul Mallary - To a three year term expiring December 31, 2013 Christian McLendon - To fill an unexpired term expiring December 31, 2011 Councilmember Wagner moved and Councilmember Backus seconded to approve the appointment of Mark Wayne, Paul Mallary, and Christian McLendon to the Auburn International Farmers Market Advisory Board. Councilmember Peloza spoke in favor of the appointments. MOTION CARRIED UNANIMOUSLY. 6-0. D.Agenda Modifications There was no change to the agenda. II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings There was no hearing scheduled. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. There was no audience participation. C.Correspondence No correspondence was received for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services Chair Peloza reported the Municipal Services Committee met April 11, 2011. The Committee reviewed Resolution No. 4697 accepting a grant from the U.S. Department of Homeland Security in the amount of $57,520 for local emergency management programs, Resolution No. 4698 accepting a grant from King County Office of Emergency Management in the amount of $19,170 to provide regional Citizen Corps activities, and Ordinance No. 6346 relating to speed limits in school zones. The Committee also discussed animal control and rescue services including the work of the Animal Control Task Force, the 2011 preliminary fireworks action plan, a solid waste shredding event scheduled for this fall, and the Committee's matrix. The next regular meeting of the Municipal Services Committee is scheduled for April 25, 2011 at 3:30 p.m. B.Planning & Community Development Chair Norman reported the Planning and Community Development Committee met April 11, 2011. The Committee received a presentation from the Auburn Downtown Association (TADA) regarding their goals and activities for 2011. The Committee also reviewed Resolution No. 4695 accepting a grant from 4Culture in the amount of $17,000 for arts, Ordinance No. 6360 relating to interim zoning controls for real estate signs to allow greater flexibility in marketing of properties during the current economic climate, Page 2 of 8 CA.A and Resolution No. 4701 relating to a moratorium on the establishment of medical marijuana dispensaries. The Committee also held an executive session to discuss pending/potential litigation. The Committee also discussed a conceptual Green Zone Summit agenda, Auburn's proposed performance based option for regional affordable housing targets in response to King County's Affordable Housing Targets, and the Committee's matrix. The next regular meeting of the Planning and Community Development Committee is scheduled for April 25, 2011 at 5:00 p.m. C.Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved a right-of-way use permit for Clean Sweep, postponed initiation of Project No. CP1013 related to Street and Bry's Cove Storm Pond Improvements, and approved final pay estimate for Project No. CP0817, the Dogwood Sewer and Storm Pump Station Replacement Project. The Committee reviewed Resolution No. 4703 authorizing a Joint Developer Participation Agreement with Multicare on their potential development on A Street NW and Resolution No. 4704 authorizing an agreement with Puget Sound Energy for the relocation of power facilities in advance of the South Division Street Promenade Project. The Committee also discussed the airport stormwater management inventory that is underway, Ordinance No. 6360 relating to interim zoning controls for real estate signs, the Auburn Way South/M Street SE/17th Street SE intersection, access for the Lakeland northeast commercial site at Lakeland Hills Way SE and Lake Tapps Parkway, relinquishment of an easement in Jovita Heights, Resolution No. 4702 approving a Payback Agreement for the North Tapps Sewer Pump Station, and the capital projects status report. The next regular meeting of the Public Works Committee is scheduled for May 2, 2011 at 3:30 p.m. D.Finance Chair Backus reported the Finance Committee met this evening at 6:00. The Committee approved claims and payroll vouchers and discussed Resolution No. 4697 approving a grant from the U.S. Department of Homeland Security, Resolution No. 4698 approving a grant from King County Emergency Management, Resolution No. 4703 approving a Joint Developer Participation Agreement with Multicare Health Systems, and the February Financial Report. The next regular meeting of the Finance Committee is scheduled for May 2, 2011 at 6:00 p.m. E.Les Gove Community Campus Chair Wagner reported the Committee has not met since the last Council meeting. F.Downtown Redevelopment Chair Norman reported the Downtown Redevelopment Committee met April 12, 2011. The Committee discussed the Expression of Interest Concept for Auburn Junction and downtown parking. The next regular meeting of the Committee is scheduled for April 26, 2011 at 4:00 p.m. G.Council Operations Committee Chair Wagner reported the Committee has not met since the last Council meeting. IV.REPORTS Page 3 of 8 CA.A At this time the Mayor and City Council may report on significant items associated with their appointed positions on state, regional and local organizations. A.From the Council Councilmember Wagner reported he attended the Regional Access Mobility Partnership (RAMP), a Pierce County transportation forum, where the Washington State Department of Transportation Freight Division made a presentation on their new GPS- based system for tracking freight trucks on the highways. The meeting also included presentations from the congressional aides from Senator Murray's and Congressman Reichert's offices regarding loss of federal funding for transportation projects. Councilmember Partridge reported that he attended the Auburn City Hall Plaza dedication last week and the Auburn Area Chamber of Commerce luncheon today. He also reported that he met with staff regarding the Auburn Valley Humane Society's proposal to provide animal services to the City. It is anticipated that staff will make a presentation regarding the proposal to the Municipal Services Committee at their meeting on April 25th. Councilmember Backus reported that she attended the Auburn City Hall Plaza dedication. Councilmember Backus also reported that she attended the Auburn Tourism Board meeting and the monthly meeting of the Valley Regional Fire Authority Board meeting. Councilmember Peloza reported that he attended the Regional Water Quality Control Committee where the main topic was reclaimed water, the King County Solid Waste Management Advisory Committee meeting where discussion was focused on the interlocal agreements with cities, and the Suburban Cities Association Public Issues Committee meeting where Councilmember Peloza, representing the Regional Water Quality Caucus, presented information on the Lower Duwamish Cleanup Project. Councilmember Haugen commented on the restoration of the Rainbow Cafe's sign and regretted that she was not able to attend this year's volunteer recognition luncheon at the Senior Center. B.From the Mayor Mayor Lewis thanked the Council for their work to bring the City Hall plaza project to fruition. Mayor Lewis announced that the Mayors' Innovation Project has accepted the City's application for the Mayors' Innovation Project Technical Assistance Program by providing assistance in developing a new policy model relying on social capital, community engagement, volunteerism, sweat equity and public/private partnerships to achieve revitalization of inner-city neighborhoods. The Program will be able to provide approximately 100 hours of free consulting services. Mayor Lewis also noted that the Puget Sound Business Journalrecently published the list of the top 100 tourist attractions in the state; Emerald Downs is ranked twenty-fourth. Page 4 of 8 CA.A Mayor Lewis also commented on the recent volunteer luncheon held at the Auburn Senior Center and the popular YMCA's Healthy Kids Day. V.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A.Minutes of the April 4, 2011 City Council Meeting B.Payroll Vouchers (Backus/Coleman) Payroll check numbers 531135 to 531230 in the amount of $813,375.95 and electronic deposit transmissions in the amount of $1,101,995.38 for a grand total of $1,915,371.33 for the pay period covering March 31, 2011 to April 13, 2011. C.Public Works Project Number CP0817 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 9 to Contract 10-01 in the amount of $3,657.50, for a total contract price of $712,396.30, with Hoffman Construction, Inc. and accept construction of Project Number CP0817, 2009 Sewer and Storm Pump Station Replacement, Phase A – Dogwood Sewer Station Councilmember Wagner moved and Councilmember Backus seconded to approve the Consent Agenda. Councilmember Haugen requested that the Claims be removed from the Consent Agenda and considered separately. MOTION CARRIED UNANIMOUSLY. 6-0. VI.UNFINISHED BUSINESS A.Claims Vouchers (Backus/Coleman) Claims check numbers 403299 through 403667 in the amount of $2,317,814.72 and dated April 18, 2011. Councilmember Wagner moved and Councilmember Backus seconded to approve the claims vouchers. Councilmember Haugen indicated she was opposed to several claims and would vote against the claims vouchers. MOTION CARRIED. 5-1. Councilmember Haugen voted no. VII.NEW BUSINESS There was no new business. VIII.ORDINANCES A.Ordinance No. 6346 (Peloza/Heid/Lee/Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.12.125 of the Auburn City Code relating to speed limits in school zones Councilmember Peloza moved and Councilmember Partridge seconded to introduce and adopt Ordinance No. 6346. Page 5 of 8 CA.A MOTION CARRIED UNANIMOUSLY. 6-0. B.Ordinance No. 6354 (Peloza/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 8.08 of the Auburn City Code relating to solid waste service fees and charges Councilmember Peloza moved and Councilmember Partridge seconded to introduce and adopt Ordinance No. 6354. Councilmember Peloza spoke in favor of the ordinance. Councilmember Partridge noted the expanded recycling options the ordinance provides. In response to questions from Councilmember Haugen, Finance Director Coleman stated that periodic mailings are sent to the utility customers to notify customers of their options and choices available to them for their solid waste services. The information is also contained on the City's web site. MOTION CARRIED. 5-1. Councilmember Haugen voted no. C.Ordinance No. 6360 (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 18.56 of the Auburn City Code, establishing interim zoning controls for the purpose of regulating the allowance, dimensions and location of real estate signs Councilmember Norman moved and Councilmember Backus seconded to introduce and adopt Ordinance No. 6360. Councilmember Norman stated that the ordinance will establish one year interim zoning controls pertaining to the allowance, dimensions, and location of real estate signs for the sale, lease or rent of residential and non-residential development properties. Councilmember Haugen moved to amend the ordinance by deleting the word "balloons" from pages 6 and 9. Councilmember Partridge seconded. Upon further discussion, Councilmember Haugen withdrew her motion. MOTION CARRIED UNANIMOUSLY. 6-0. IX.RESOLUTIONS A.Resolution No. 4695 (Norman/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the Cultural Development Authority of King County (“4Culture”) and authorizing the Mayor and City Clerk to execute the necessary contracts to accept said funds Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 4695. Councilmember Norman explained that the resolution accepts a $17,000 arts grant. Page 6 of 8 CA.A MOTION CARRIED UNANIMOUSLY. 6-0. B.Resolution No. 4697 (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the Washington State Military Department in the amount of Fifty Seven Thousand Five Hundred Twenty Dollars ($57,520.00) from the United States Department of Homeland Security Emergency Management Performance Grant Program, and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Councilmember Peloza moved and Councilmember Partridge seconded to adopt Resolution No. 4697. MOTION CARRIED UNANIMOUSLY. 6-0. C.Resolution No. 4698 (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the King County Office of Emergency Management in the amount of Nineteen Thousand One Hundred Seventy Dollars ($19,170.00) to provide regional Citizen Corps activities and equipment Councilmember Peloza moved and Councilmember Partridge seconded to adopt Resolution No. 4698. MOTION CARRIED UNANIMOUSLY. 6-0. D.Resolution No. 4703 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Joint Developer Participation Agreement with Multicare Health Systems for the purpose of completing roadway improvements along 10th Street NE/NW as part of the City's A Street NW Extension Project No. C207A Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4703. MOTION CARRIED UNANIMOUSLY. 6-0. E.Resolution No. 4704 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Negotiate and Execute an Agreement with Puget Sound Energy, Inc. for the Purpose of Relocating Power Facilities in Advance of Construction of the South Division Street Promenade Project Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4704. Councilmember Wagner stated that the relocation of the Puget Sound Energy power facilities is necessary prior to the construction of the Promenade Project. Councilmember Backus noted that the estimated cost for the relocation of the utilities has been reduced from $450,000 to approximately $325,000. Page 7 of 8 CA.A MOTION CARRIED UNANIMOUSLY. 6-0. X.EXECUTIVE SESSION At 8:25 p.m., Mayor Lewis recessed the meeting for a five minute intermission and then to executive session for approximately 15 minutes in order to discuss pending litigation pursuant to RCW 42.30.110(1)(i). City Attorney Heid, Finance Director Coleman, Public Works Director Dowdy and Planning and Development Director Snyder were requested to attend the executive session. It was indicated that action may occur as a result of the executive session. At 8:47 p.m., Mayor Lewis reconvened the regular meeting. City Attorney Heid read the title of Resolution No. 4705: Resolution No. 4705 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to negotiate and execute a contract with Wal-Mart for settlement of the pending contract dispute litigation and code enforcement action Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 4705. MOTION CARRIED UNANIMOUSLY. 6-0. XI.ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:48 p.m. APPROVED THE ______ DAY OF MAY, 2011. ______________________________ ______________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 8 of 8 CA.A AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C207A Date: April 26, 2011 Department: Public Works Attachments: Budget Status Sheet Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. C207A, A Street NW Extension (A/B Corridor). Background Summary: The purpose of Phase I for the ‘A' Street NW Extension Project is to complete the design and construction of a 1.47 mile roadway link of a new minor arterial street on ‘A' Street NW from 14th Street NW south to 3rd Street NW and half street improvements on 10th Street NW/NE between A Street NW and A Street NE. The ‘A‘ Street NW Corridor Project will improve the flow of north/south traffic between the two grade-separated streets, 3rd Street SW & 15th Street NW, relieve traffic congestion on Auburn Way North, and improve traffic flow by connecting the two northern shopping/commercial areas, 15th Street NW commercial corridor and the 9th /10th Street NE shopping corridor to the Auburn Sound Transit Station and downtown shopping area. In addition, this project will complete the construction of a new 12-inch waterline connection between 3rd Street NW and 14th Street NW providing improved water distribution and fire flow in the area. This project also includes the mitigation of impacted wetlands from the project on approximately 22 acres of the City's Auburn Environmental Park. Final permits for this mitigation work are either in hand or are anticipated to be received prior to advertisement for bids. Construction is anticipated to begin in July 2011 and be completed in December 2012. A budget adjustment of $166,814 from the 102 fund/account may be required in 2012 to fund the project dependant on the amount of the contract bid. A project increase of $100,000 within the 430 fund/account may be necessary and is also bid dependant; however, it will not require a budget adjustment since it is anticipated that the budgeted expenditures in the 430 fund/account will not be exceeded this year. AUBURN * MORE THAN YOU IMAGINEDCA.D O4.0.1 C207A Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 2, 2011 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Project No: C207AProject Title: Project Manager: Ingrid Gaub Consultant Contract Initiation Date: 10/28/2002 Permision to Advertise Date:4/25/2011 Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years2010 Final 2011 2012 Total 102 Fund - Unrestricted Streets 258,962$ -$ -$ 18,495$ 277,457$ 102 Fund - Grants (Federal)840,644$ 395,135$ 5,344,930$ -$ 6,580,709$ 102 Fund - Impact Fees 183,468$ 7,592$ 712,208$ 21,820$ 925,088$ MultiCARE 10th St 1/2 Street -$ -$ 458,070$ -$ 458,070$ 430 Fund - Water -$ -$ 350,000$ -$ 350,000$ Total 1,283,074$ 402,727$ 6,865,208$ 40,315$ 8,591,324$ Developer in Kind Contiburtions of $1,285,170 not included in this Budget Activity Prior Years2010 Final20112012Total Design Engineering - City Costs 192,088$ 38,616$ 38,234$ -$ 268,938$ Design Engineering - Consultant Costs 840,000$ 319,700$ 288,585$ -$ 1,448,285$ Property Acquisition 250,986$ -$ 730,220$ -$ 981,206$ Property Acquisition - Consultant Costs -$ 40,474$ 34,526$ -$ 75,000$ Property Acquisition - City Costs -$ 3,937$ 8,063$ -$ 12,000$ Construction Estimate -$ -$ 3,582,442$ 1,500,000$ 5,082,442$ Project Contingency (10%)-$ -$ 358,244$ 150,000$ 508,244$ Const. Engineering - City Costs -$ -$ 60,000$ 50,000$ 110,000$ Const. Engineering - Consultant Costs -$ -$ 160,000$ 47,315$ 207,315$ PSE Utility Relocation -$ -$ 112,408$ -$ 112,408$ WSDOT Grant Services -$ -$ 52,300$ -$ 52,300$ -$ Total 1,283,074$ 402,727$ 5,425,022$ 1,747,315$ 8,858,138$ * Funds and costs for developer completed portions of roadway not included. Prior Years2010 Final20112012Total *102 Funds Budgeted ( )(1,283,074)$ (402,727)$ (6,515,208)$ (40,315)$ (8,241,324)$ 102 Funds Needed 1,283,074$ 402,727$ 4,975,022$ 1,747,315$ 8,408,138$ *102 Fund Project Contingency ( )(0)$ -$ (1,540,186)$ -$ -$ 102 Funds Required-$ 0$ -$ 1,707,000$ 166,814$ Prior Years2010 Final20112012Total *430 Funds Budgeted ( )-$ -$ (350,000)$ -$ (350,000)$ 430 Funds Needed -$ -$ 450,000$ -$ 450,000$ *430 Fund Project Contingency ( )-$ -$ -$ -$ -$ 430 Funds Required-$ -$ 100,000$ -$ 100,000$ * ( # ) in the Budget Status Sections indicates Money the City has available. 430 Water Budget Status Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET A Street NW Extension The "Future Years" column indicates the projected amount to be requested in future budgets. 102 Arterial Street Budget Status Worksheet: Permission to Advertise 2011 File: H:\PROJ\C207A-AStreetNWCorridor\Budget\C207A Budget Status Sheet.xls 4/26/2011 Page 1 of 1 W0502-2A CA.D Ilk qL The 4 I PROJECT d LOCATION CY 7 OFF SITE e STORMWATER WETLAND FACILITIES r g f MITIGATION lei i P roelerg k P7 COMPLETED BY OTHERS A era anr PROJECT LOCATION r f c s a RS jyf x 04 CITY OF A ST NW EXTENSION PROJECT N ADBURN LOCATION MAP WASHINGTON April 2011 W05022B CA.D AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C507B Date: April 26, 2011 Department: Public Works Attachments: Budget Status Sheet Bid Tabulation Map Budget Impact: $0 Administrative Recommendation: City Council award Contract 11-03, Project No. C507B, Auburn/Pacific Trail Skinner Road/3rd Avenue SE (Phase 2), to Pacific Northwest Earthworks on their low bid of $84,574.00. Background Summary: In February 2007, the Cities of Auburn and Pacific entered into an Interlocal Agency Agreement for Auburn to administer two federal grants for the construction of non-motorized improvements along the west side of C St SW in Auburn, starting at 15th St SW and ending at Ellingson Road SW, and along Skinner Road and 3rd Avenue SE to Pacific Park in Pacific. Due to right-of-way issues associated with a portion of the project located in the City of Pacific, the project was split into two projects and the portion of the project located in Auburn was constructed in 2007/2008. In 2009, the Puget Sound Regional Council (PSRC) approved a scope change for the work proposed within the City of Pacific. In February 2011, the Cities of Auburn and Pacific approved Amendment No. 1 to the Interlocal Agency Agreement. Amendment No. 1 addressed an anticipated funding shortfall and requires that the City of Pacific provide additional funding needed for construction which exceeds the federal grants and match amounts previously agreed to in the original Interlocal Agreement, up to $40,000. The purpose of the Auburn / Pacific Trail - Skinner Rd/3rd Ave SE (Phase 2) project is to construct non-motorized improvements in the City of Pacific, including constructing a 10-foot wide non-motorized trail on Skinner Road from Ellingson Road SW to approximately 2nd Ave NE, constructing a striped bike lane on Skinner Road from approximately 2nd Ave NE to 3rd Ave SE, installing bike route signing on 2nd Ave NE and Alder Lane, and constructing a 5-foot wide trail on 3rd Ave SE from Alder Lane to Pacific Park. All work is to be within existing right- of-way. The total project cost is estimated to be $151,060. A project budget contingency of $21,588 remains in the 102 (Arterial Street) Fund. O4.9.1 C507B Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDCA.E Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 2, 2011 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Project No: C507BProject Title: Project Manager: Leah Dunsdon Project Initiation Initiation Date: __2005___ Permision to Advertise Advertisement Date: March 29, 2011 Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 102 Fund - Federal Grant** 4,7113,282101,307109,300 102 Fund - Unrestricted 7,9595121,0009,471 102 Fund - REET2 8,107 8,107 102 Fund - Other (City of Pacific)***45,77045,770 Total20,7773,794148,0770172,648 Activity Prior Years 20102011 Future Years Total Design Engineering - City Costs20,7773,79415,00039,571 Construction Contract Bid 84,57484,574 Authorized Contingency (20%)16,91516,915 Construction Engineering - City Costs 10,00010,000 Total20,7773,794126,4890151,060 Prior Years 20102011 Future Years Total *102 Funds Budgeted ( )(20,777)(3,794)(148,077)0(172,648) 102 Funds Needed 20,7773,794126,4890151,060 *102 Fund Project Contingency ( )(0)0(21,588)0(21,588) 102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates money the City has available. ** Requires a Local Match of $17,329 ($5,770 from Pacific and $11,559 from Auburn) per the Interlocal Agreement. ***Per Amendment No. 1 of the Interlocal Agreement between Auburn and Pacific, the City of Pacific will provide the required $5,770 local match and provide up to an additional $40,000 for a total contribution of $45,770 to fund the project. 102 Arterial Street Budget Status Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET Auburn/Pacific Trail - Skinner Rd/3rd Ave SE (Phase 2) Date: April 22, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. H:\PROJ\C507B-Aub-PacificTrail-Skinner\Budget\C507B.BudgetStatusSheet.xls 11:51 AM 4/25/2011 W0502-4A CA.E W0 5 0 2 - 4 B CA.E W0502-4C CA.E AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0914 Date: April 26, 2011 Department: Public Works Attachments: Budget Status Sheet Bid Tabulation Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate #5 to Contract 10-19 with Travers Electric in the amount of $14,908.73 for a total contract price of $330,503.73, and accept construction of Project No. CP0914, F Street SE / 4th Street SE Traffic Signal. Background Summary: The purpose of the project was to construct a new traffic signal at the intersection of F Street SE and 4th Street SE. Accident history, traffic volumes and pedestrian usage warrant the conversion of this intersection from a 4-way stop to a traffic signal. The signal will provide essential intersection control during the closure of M Street SE for the M Street SE Grade Separation Project. The estimated total cost for this project is $399,499, of which $396,700 is funded by a Federal Highway Safety Improvement Grant and $4,254 is budgeted from the 102 Fund. A project contingency of $1,005 remains in the 102 Fund. O4.10.2 CP0914 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 2, 2011 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Project No: CP0914Project Title: Project Manager: Jacob Sweeting Project Initiation Initiation Date: September 8, 2009 Award Advertisement Date: July 22, 2010 Consultant Contract Award Date: August 16, 2010 Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 102 Fund - Federal Grant**273,440123,260 396,700 102 Fund 4,254 4,254 Total273,440127,51400400,954 Activity Prior Years 20112012 Future Years Total Design Engineering - City Costs19,045 19,045 Design Engineering - Consultant Costs27,536 27,536 Construction Contract Bid214,49584,905 299,400 BUDGET STATUS SHEET F Street SE / 4th Street SE Traffic Signal Improvements Date: April 25, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Line Item Changes 15,724 15,724 Change Order 1 15,380 15,380 Construction Engineering - City Costs12,36410,000 22,364 Other - (WSDOT - Design Engineering)500 500 Total273,440126,50900399,949 Prior Years 20112012 Future Years Total *102 Funds Budgeted ( )(273,440)(127,514)00(400,954) 102 Funds Needed273,440126,50900399,949 *102 Fund Project Contingency ( )0 (1,005)00(1,005) 102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. ** Will be included in a future budget amendment. 102 Arterial Street Budget Status W0502-5A 1 of 1 CA.F W0 5 0 2 - 5 B CA.F W0 5 0 2 - 5 B CA.F W0 5 0 2 - 5 B CA.F W0502-5C CA.F AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1103 Date: April 26, 2011 Department: Public Works Attachments: Consultant Scope Summary Budget Status Sheet Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-404 with Roth Hill, LLC for Engineering and Construction Services for Project No. CP1103, 132nd Ave SE Tacoma Pipeline 5 Intertie Project. Background Summary: The purpose of this project is to construct a connection from Tacoma Public Utilities (TPU) 60- inch Pipeline 5 at the existing turnout to the City's water system on 132nd Ave SE. The project includes connection to the existing valve provided by TPU, installation of a pressure reducing valve (PRV) station, connection to the City's water system, and associated improvements for a sump pump, power and telemetry. It is anticipated that design will occur from May 2011 to February 2012. Construction is anticipated to be between April and September 2012. City staff has selected Roth Hill, LLC. to provide design and construction services for the above-referenced project, including survey, engineering design and construction services. The anticipated cost for this agreement is $225,500. This project is a portion of the larger Intertie Infrastructure Project, which included construction of the Tacoma Pipeline 5 B St NW Intertie Project in 2010. A project budget contingency of $193,000 remains in the 430 Water fund for 2011. A budget adjustment may be required in 2012 to fund construction of the project. O4.11.1 C1103, A3.16.9 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 2, 2011 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G AUBURN * MORE THAN YOU IMAGINEDCA.G CP1103, 132ND AVE SE TACOMA PIPELINE 5 INTERTIE PROJECT CONSULTANT SCOPE OF WORK SUMMARY PAGE 1 OF 3 CP1103 – 132nd Ave SE Tacoma Pipeline 5 Intertie Project City of Auburn Scope for Survey, Design and Construction Services - Summary This Scope of Work is for the 132nd Ave SE Tacoma Pipeline 5 Intertie Project. This scope includes survey and base mapping, preliminary and final design (including plans, specifications, and estimates) and construction services. Project Description The City’s 132nd Ave SE Tacoma Pipeline 5 Intertie project will construct a connection from Tacoma Public Utilities (TPU) 60-inch Pipeline 5 at the existing turnout adjacent to 132nd Ave SE to the City’s water system. The project is located on 132nd Ave SE in the Lea Hill area. The project may include the purchase and use of an existing 16-inch Covington Water District/King County Water District #111 transmission main located in 132nd Ave SE to connect to the City’s water system. If so, only Work Element 1 as described below would be authorized. If the City is unable to, or decides not to, utilize the existing watermain, than Work Element 2 would be required. Work Element 2 includes the additional engineering and construction services necessary for the design of a City- owned water tranmission main in 132nd Ave SE to connect to the existing City water system, which is located approximately 1,600 lineal feet south of the turnout location. Work Element 1 Work Element 1 consists of design and construction services for the pressure reducing valve (PRV) station, connection piping between Tacoma’s existing turnout vault and the PRV station, connection piping to the existing 16-inch watermain in 132nd Ave SE, electrical service and telemetry equipment. Project Management This task will be continuous throughout the project duration, which is assumed to be approximately 10 months for design, 2 months for the bidding process and 6 months for construction. It will include the work necessary to set up and plan the entire project and establish project-specific procedures, including communication, overall project coordination with the City and project team, and project closeout. Electrical/Telemetry Design This task involves the design of the electrical and telemetry system, including coordination with the City of Tacoma, developing a control panel consistent with the new City SCADA system, and preparation of electrical drawings and specifications. This task also includes programming the control panel to interface the new PRV station to the new City SCADA system. Contract Documents and Cost Estimates The Consultant will field survey, prepare a base map, and prepare construction contract documents (construction plans, specifications and cost estimate) and submit them at the 30%, 70%, 95% and 99% completion levels for City review and comment. The final Contract Plans will include all complete drawings with the Consultant’s engineering stamp, date and signature. The Contract Special W0502-3A CA.G CP1103, 132ND AVE SE TACOMA PIPELINE 5 INTERTIE PROJECT CONSULTANT SCOPE OF WORK SUMMARY PAGE 2 OF 3 Provisions document will be completed with the Consultant’s engineering stamp, date and signature. The Consultant will also prepare a final Engineer’s Estimate. Total Work Element 1 Primary Consultant Services = $102,200 Construction Support Services (Optional) As requested by the City, the Consultant will provide assistance during the advertisement and award of the project and during the construction phase as follows: • Response to Technical Bidder questions • Development of Technical Addendums • Response to Contractor Requests for Information (Technical) • Review of Technical Submittals • Development of Change Orders • Start-up services associated with the control/telemetry system including testing, training of City staff and preparation of an Operators Manual • Preparation of as-builts Total Work Element 1 Optional Consultant Services = $51,900 Work Element 2 (Optional) Work Element 2 includes the additional engineering and construction services necessary for the design of a new City-owned water tranmission main in 132nd Ave SE to connect to the existing City water system. Project Management This task consists of additional project management work as required for Work Element 2. Survey and Mapping This task involves field surveying and producing a project basemap for 132 Ave SE as necessary for the design of Work Element 2. Contract Documents and Cost Estimates This task consists of the additional work for the Contract Documents and Cost Estimates necessary for the design of Work Element 2. The Consultant will prepare construction contract documents (construction plans, specifications and cost estimate) for Work Element 2 and incorporate the documents into the 30%, 70%, 95% and 99% submittals prepared under Work Element 1. Construction Support Services As requested by the City for items associated with Work Element 2, the Consultant will provide assistance to the City during the advertisement and award of the project and during the construction phase as follows: • Response to Technical Bidder questions • Development of Technical Addendums CA.G CP1103, 132ND AVE SE TACOMA PIPELINE 5 INTERTIE PROJECT CONSULTANT SCOPE OF WORK SUMMARY PAGE 3 OF 3 • Response to Contractor Requests for Information (Technical) • Review of Technical Submittals • Development of Change Orders • Preparation of as-builts Total Work Element 2 Optional Consultant Services = $71,400 Total Primary Consultant Services = $102,200 Total Optional Consultant Services = $123,300 Total Consultant Agreement (not to exceed) = $225,500 CA.G Project No: CP1103 Project Title: Project Manager: Leah Dunsdon Consultant Agreement Initiation Date: _________ Permission to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 430 Fund 490,000 490,000 Total 490,0000490,000 Activity Prior Years 20112012 Future Years Total Design Engineering - City Costs 25,00015,00040,000 Design & Const. Engineering - Consultant Costs175,00050,500 225,500 Construction Estimate (Work Element 1 - Intertie)350,000350,000 Construction Estimate (Work Element 2 - Watermain)150,000150,000 Project Contingency (15%)75,00075,000 Construction Engineering - City Costs 30,00030,000 Other - Tacoma Meter Connection 80,000 80,000 Other - Department of Health 2,000 2,000 Other - Easement Purchase 15,000 15,000 Total 297,000670,5000967,500 Prior Years 20112012 Future Years Total *430 Funds Budgeted ( )(490,000)00(490,000) 430 Funds Needed 297,000670,5000967,500 *430 Fund Project Contingency ( )(193,000)000 430 Funds Required 0670,5000477,500 * ( # ) in the Budget Status Sections indicates Money the City has available. BUDGET STATUS SHEET 132nd Ave SE Tacoma Pipeline 5 Intertie Date: April 26, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) 430 Water Budget Status H:\PROJ\CP1103-132nd Ave SE Tacoma Inertie\Budget\BudgetStatusSheet.xls1 of 1 W0502-3B CA.G W0502-3C CA.G AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4702 Date: April 26, 2011 Department: Public Works Attachments: Resolution No. 4702 and Agreement Exhibits Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4702. Background Summary: Resolution No. 4702 authorizes the Mayor and City Clerk to execute a Payback Agreement with Prium Development Company, LLC (Developer). The Developer completed the facility extension (FAC04-0012) for a sanitary sewer pump station to serve its property. In accordance with the City of Auburn's Comprehensive Sewer Plan, the pump station was designed and constructed with sufficient capacity to provide benefit to nearby properties that would not otherwise have had sanitary sewer service. The Developer has proposed a Payback Agreement with the City to provide reimbursement to the Developer for the benefit received by the nearby property owners. If approved, property owners/developers will be assessed these charges each time a sewer connection permit is issued. The City will then reimburse the developer those payments up to the maximum amount specified in the agreement. City staff has reviewed the overall project costs and supporting documentation, as well as the proposed method of allocating the costs. Staff recommends approval of the agreement. A3.13.8 Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 2, 2011 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A RESOLUTION NO 4702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE A PAYBACK AGREEMENT FOR DEVELOPERS EXTENSION BETWEEN THE CITY OF AUBURN AND PRIUM DEVELOPMENT COMPANY LLC WHEREAS Chapter 1340 of the Auburn City Code ACC authorizes the City Engineer to develop implement and administer facility extension payback agreements for utility improvements and to execute those agreements upon Council approval and WHEREAS Prium Development Company LLChas constructed the utility improvements described in the attached payback agreement and has agreed to deed those improvements to the City and WHEREAS pursuant to ACC 1340030 the City has received and approved plans for the improvements and WHEREAS the City Council finds that entry into the payback agreement is in the best interest of the City NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor of the City of Auburn is hereby authorized to execute a Payback Agreement for Developers Extension between the City and Prium Development Company LLC in the form substantially as the agreement attached hereto marked as Exhibit 1 and incorporated herein by this reference Resolution No 4702 April 25 2011 Page 1 of 2 RES.A Section 2 That the Mayor is hereby authorized to implement such administrative procedures as may benecessary to carry out the directives of this legislation Section 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Dated and Signed this day of 12011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E DaskamCity Clerk APPROVED AS TO FORM l niel B Hei FA tourney Resolution No 4702 April 25 2011 Page 2 of 2 RES.A EXHIBIT 1 Return Address City of Auburn City Clerk 25 West Main Auburn WA 98001 Above this line reserved for recording information PAYBACK AGREEMENT DEVELOPERS EXTENSION Reference if applicable NA unless previous recording Additional on page Grantor City of Auburn Grantee 1 Prium Development Company LLC Legal Description STR Section 5 Township 20 North Additional on page Range 5 East Assessors Tax Parcel ID 7002182000 This Agreement made and entered into this day of 2011 by and between the City of Auburn a municipal corporation of King County Washington CITY and Prium Development Company LLC also known as North Tapps LLC whose address is 820 A Street Suite 300 Tacoma WA 98402 DEVELOPER WHEREAS pursuant to Chapter 3591 RCW et seqand Section 1340060 of the Auburn City Code the CITY has by Resolution No adopted by the City Council of the CITY on the day of 2011 approved the Resolution No 4702 April 25 2011 Page 1 of 29 Exhibit I RES.A execution of this Payback Agreement with the DEVELOPER for the facilities described in this Agreement and WHEREAS the DEVELOPER has offered and the CITY has agreed to accept the bill of sale found as Exhibit A sanitary sewer facilities attached hereto as part of the utility systems of the CITY NOW THEREFORE IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN THE PARTIES AGREE AS FOLLOWS 1 DEVELOPER At the time of construction the abovedescribed DEVELOPER was the record OWNER of real property legally described as shown on Exhibit B submitted by the DEVELOPER and attached hereto The real property described is also known as the Plat of North Tapps Estates Pierce County Washington Il FACILITIES The facilities which have been constructed by the DEVELOPER are as described in the attached Exhibit A incorporated herein by this reference and processed as Developer Public Facility Extension FAC040012 the originals of which are on file at the office of the City Engineer The facilities have been constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type and have been approved by the City Engineer 111 AREA OF FACILITY SERVICE BENEFIT The properties benefited by the facilities constructed by the DEVELOPER are shown on Exhibits C and D incorporated herein by reference Any owner of real estate legally described within the benefit boundary as shown on the attached Exhibits C and D shall pay as a condition for connecting to the facilities an amount as identified in Section V All property within the benefit boundary shall be subject to the connection fee as provided in this agreement as a condition of issuance of the connection permit by the CITY IV TERMS For a period of 15 years from the date that the City formally accepts the developers utility extension any owner latecomer of real estate legally Resolution No 4702 April 25 2011 Page 2 of 29 Exhibit 1 RES.A described in Section III and which owner has not fully contributed their pro rata share to the original cost of the abovedescribed facility shall pay to the CITY the amounts shown in Exhibit D attached hereto The charge herein represents the fair pro rata share of the cost of construction of said facilities payable by properties benefited Payment of the latecomers pro rata share is a condition of issuance of the connection permit by the CITY The CITY shall reimburse the DEVELOPER within 60 days of the date the City receives payment from a person requesting connection to the facilities Upon the expiration of the 15year term any moneys collected by the CITY will not be reimbursed to the DEVELOPER V AMOUNT OF REIMBURSEMENT Sanitary sewer collection facilities The DEVELOPER agrees that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Section III of this Agreement represents a fair pro rata share reimbursement for the DEVELOPERS construction of the facilities described in Section II of this Agreement The specific amount of reimbursement will be the number of residential customer equivalents RCEs to be connected to the system under that specific permit multiplied by 135314 The estimated number of RCEs per parcel along with the estimated assessment is shown in Exhibit D attached hereto and the total amount of reimbursement for sanitary sewer facilities shall not exceed 56561252 Prior to recordation by the DEVELOPER as described in Section X the CITY shall mail to the property owners of the parcels listed in Exhibits C and D as reflected in the records of the King County Assessors Office notification of the allocation of costs to be levied against the properties which are payable prior to connection to the systems The property owner shall have the right to a review of the costs with the Director of Public Works if a written request is received by the director within 21 days from the date of mailing of the notice said notice for the purpose of requesting an adjustment in the allocation of the charge to the property The review shall be conducted within 14 days of the Citys receipt of the written request If the Director of Public Works upon requested review by a notified property owners does find cause for adjustment in the allocation of the charge to the benefited propertys such adjustment will be made and the DEVELOPER will be notified of the adjusted amounts prior to recordation The Directors determination on review shall be final and may only be appealed to the Superior Court of the County in which the property is located The resulting adjusted Exhibits C and D shall govern reimbursement amounts to be received by the Resolution No 4702 April 25 2011 Page 3 of 29 Exhibit 1 RES.A DEVELOPER If the adjustment results in an increased reimbursement amount to other parcels the notification process in this section V shall be repeated VI EFFECT OF AGREEMENT The provisions of this Agreement shall not be effective as to any owner of real estate not a parry hereto unless this Agreement has been recorded in the office of the County Auditor of the County in which the real estate is located prior to the time such owner receives a permit to tap into or connect to said facilities The Developer shall provide the City with proof of recording If for any reason the CITY fails to secure a latecomer payment for Owners fair pro rata share of the cost of the facilities before connection to the extension the CITY is not liable for payment to the DEVELOPER The entire responsibility for notices recordation and completion of this Agreement is upon the DEVELOPER who agrees to do all and to hold the CITY harmless VII OWNERSHIP OF FACILITY The DEVELOPER has constructed the facilities described in Section II of this Agreement which facilities have been accepted by the CITY as satisfactory The facilities have become a part of the municipal system of the CITY All maintenance and operation costs of said facility shall be borne by the CITY except as noted otherwise in FAC040012 VIII UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities described in Exhibit A under this Agreement which is not authorized by the CITY the CITY shall have the absolute authority to remove or cause to be removed such unauthorized connections and all connecting lines or pipes located in the facilitys rightofway The CITY shall incur no liability for any damage to any person or property resulting from removal of the unauthorized connection IX CURRENT ADDRESS TELEPHONE NUMBER The DEVELOPER shall keep a current record of hisher address and telephone number on file with the Director of Public Works of the CITY and shall within 30 days of any change of said address andor telephone number notify the Director of Public Works of the CITY in writing If the DEVELOPER fails to do so the parties agree that the CITY may authorize connections resulting therefrom and not incur any liability for the noncollection andor nonreimbursement of charges to the DEVELOPER under this Agreement Resolution No 4702 April 25 2011 Page 4 of 29 Exhibit 1 RES.A X COVENANT RUNNING WITH THE LAND This Agreement shall be binding on the DEVELOPER its successors heirs and assigns and shall so be binding on the legal owners of all properties described within the benefit boundary of the area as shown in the attached Exhibits C and D their successors heirs and assigns The DEVELOPER agrees to pay all fees for recording this Agreement with the County Auditor The DEVELOPER shall make the actual recording and provide the CITY with confirmation thereof but such recordation shall only be made after expiration of review period specified in Section V XI HOLD HARMLESS The DEVELOPER will defend indemnify and save the CITY and the CITYS officials and agents harmless from all claims and costs of defense arising out of this agreement as a result of DEVELOPER actions misconduct or breach of contract including but not limited to attorneys fees expert witness fees and the cost of the services of engineering and other personnel whos time is reasonably devoted to the preparation and attendance of depositions hearings arbitration proceedings settlement conferences and trials growing out of the demands andor actions of property owners incurred in the performance or completion of this Agreement XI CONSTITUTIONALITY OR INVALIDITY If any section subsection clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement as it being hereby expressly declared that this Agreement and each section subsection sentence clause and phrase hereof would have been prepared proposed adopted and approved and ratified irrespective of the fact that any one or more section subsection sentence clause or phrase be declared invalid or unconstitutional CITY OF AUBURN Peter B Lewis Mayor Resolution No 4702 April 25 2011 Page 5 of 29 Exhibit 1 RES.A ATTEST APPROVED AS TO FORM Danielle Daskam City Clerk D ie B Hei i Atto e DEVELOPER Signature Signature TITLE TITLE Resolution No 4702 April 25 2011 Page 6 of 29 Exhibit 1 RES.A STATE OF WASHINGTON ss County of King I certify that I know or have satisfactory evidence that Peter B Lewis and Danielle E Daskam were the persons who appeared before me and said persons acknowledged that they signed this instrument on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument Dated Notary Public in and for the State of Washington My appointment expires STATE OF WASHINGTON ss COUNTY OF KING I certify I have know or have satisfactory evidence that isare the persons who appeared before me and said persons acknowledged that heshethey signed this instrument on oath stated that heshethey waswere authorized to execute the instrument and acknowledge as the of a limited liability company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated Notary Public in and for the State of Washington Residing at My appointment expires Resolution No 4702 April 25 2011 Page 7 of 29 Exhibit I RES.A Resolution No. 4702 April 25, 2011 Page 8 of 29 Exhibit 1-A RES.A Resolution No. 4702 April 25, 2011 Page 9 of 29 Exhibit 1-ARES.A Resolution No. 4702 April 25, 2011 Page 10 of 29 Exhibit 1-A RES.A Resolution No. 4702 April 25, 2011 Page 11 of 29 Exhibit 1-B RES.A Resolution No. 4702 April 25, 2011 Page 12 of 29 Exhibit 1-B RES.A Resolution No. 4702 April 25, 2011 Page 13 of 29 Exhibit 1-B RES.A Resolution No. 4702 April 25, 2011 Page 14 of 29 Exhibit 1-B RES.A Resolution No. 4702 April 25, 2011 Page 15 of 29 Exhibit 1-BRES.A Resolution No. 4702 April 25, 2011 Page 16 of 29 Exhibit 1-BRES.A Resolution No. 4702 April 25, 2011 Page 17 of 29 Exhibit 1-B RES.A Resolution No. 4702 April 25, 2011 Page 18 of 29 Exhibit 1-B RES.A Resolution No. 4702 April 25, 2011 Page 19 of 29 Exhibit 1-B RES.A Resolution No. 4702 April 25, 2011 Page 20 of 29 Exhibit 1-B RES.A Resolution No. 4702 April 25, 2011 Page 21 of 29 Exhibit 1-C RES.A Exhibit D Payback Agreement Developer's Facility Extension FAC04-0012 North Tapps Sewer Pump Station $1,353.14 Parcel NumberEstimated RCE's Estimated Payback AssessmentNotes 1052005-104416$21,650.24 2052005-10455$6,765.701 3052005-10367$9,471.98 4052005-306574$100,132.362 5700237-1310147$198,911.583 6700237-01701$1,353.14 7700237-01801$1,353.14 8700237-03201$1,353.14 9700237-03301$1,353.14 10700237-03401$1,353.14 11700237-03501$1,353.14 12700237-03601$1,353.14 13700237-03701$1,353.14 14700237-03801$1,353.14 15700237-03901$1,353.14 16700237-04001$1,353.14 17700237-04101$1,353.14 18700237-04201$1,353.14 19700237-04301$1,353.14 20700237-04401$1,353.14 21700237-04501$1,353.14 22700237-04601$1,353.14 23700237-04701$1,353.14 24700237-04801$1,353.14 25700237-04901$1,353.14 26700237-05001$1,353.14 27700237-05101$1,353.14 28700237-05201$1,353.14 29700237-05301$1,353.14 30700237-05401$1,353.14 31700237-05501$1,353.14 32700237-05601$1,353.14 33700237-05701$1,353.14 34700237-05801$1,353.14 35700237-05901$1,353.14 36700237-06001$1,353.14 37700237-06101$1,353.14 38700237-06201$1,353.14 39700237-06301$1,353.14 40700237-06401$1,353.14 41700237-06501$1,353.14 42700237-06601$1,353.14 Charge per RCE= Page D-1 Resolution No. 4702 April 25, 2011 Page 22 of 29 Exhibit 1-DRES.A Parcel NumberEstimated RCE's Estimated Payback AssessmentNotes 43700237-06701$1,353.14 44700237-06801$1,353.14 45700237-06901$1,353.14 46700237-07001$1,353.14 47700237-07101$1,353.14 48700237-07201$1,353.14 49700237-07301$1,353.14 50700237-07401$1,353.14 51700237-07501$1,353.14 52700237-07601$1,353.14 53700237-07701$1,353.14 54700237-07801$1,353.14 55700237-07901$1,353.14 56700237-08001$1,353.14 57700237-08101$1,353.14 58700237-08201$1,353.14 59700237-08301$1,353.14 60700237-08401$1,353.14 61700237-08501$1,353.14 62700237-08601$1,353.14 63700237-08701$1,353.14 64700237-08801$1,353.14 65700237-08901$1,353.14 66700237-09001$1,353.14 67700237-09101$1,353.14 68700237-09201$1,353.14 69700237-09301$1,353.14 70700237-09401$1,353.14 71700237-09501$1,353.14 72700237-09601$1,353.14 73700237-09701$1,353.14 74700237-09801$1,353.14 75700237-09901$1,353.14 76700237-10001$1,353.14 77700237-10101$1,353.14 78700237-10201$1,353.14 79700237-10301$1,353.14 80700237-10401$1,353.14 81700237-10501$1,353.14 82700237-10601$1,353.14 83700237-10701$1,353.14 84700237-10801$1,353.14 85700237-10901$1,353.14 86700237-11001$1,353.14 87700237-11101$1,353.14 88700237-11201$1,353.14 89700237-11301$1,353.14 90700237-11401$1,353.14 91700237-11501$1,353.14 92700237-11601$1,353.14 Page D-2 Resolution No. 4702 April 25, 2011 Page 23 of 29 Exhibit 1-DRES.A Parcel NumberEstimated RCE's Estimated Payback AssessmentNotes 93700237-11701$1,353.14 94700237-11801$1,353.14 95700237-11901$1,353.14 96700237-12001$1,353.14 97700237-12101$1,353.14 98700237-12201$1,353.14 99700237-12301$1,353.14 100700237-12401$1,353.14 101700237-12501$1,353.14 102700237-12601$1,353.14 103700237-12701$1,353.14 104700237-12801$1,353.14 105700237-12901$1,353.14 106700237-13001$1,353.14 107700238-00101$1,353.14 108700238-00201$1,353.14 109700238-00301$1,353.14 110700238-00401$1,353.14 111700238-00501$1,353.14 112700238-00601$1,353.14 113700238-00701$1,353.14 114700238-00801$1,353.14 115700238-00901$1,353.14 116700238-01001$1,353.14 117700238-01101$1,353.14 118700238-01201$1,353.14 119700238-01301$1,353.14 120700238-01401$1,353.14 121700238-01501$1,353.14 122700238-01601$1,353.14 123700238-01701$1,353.14 124700238-01801$1,353.14 125700238-01901$1,353.14 126700238-02001$1,353.14 127700238-02101$1,353.14 128700238-02201$1,353.14 129700238-02301$1,353.14 130700238-02401$1,353.14 131700238-02501$1,353.14 132700238-02601$1,353.14 133700238-02701$1,353.14 134700238-02801$1,353.14 135700238-02901$1,353.14 136700238-03001$1,353.14 137700238-03101$1,353.14 138700238-03201$1,353.14 139700238-03301$1,353.14 140700238-03401$1,353.14 141700238-03501$1,353.14 142700238-03601$1,353.14 Page D-3 Resolution No. 4702 April 25, 2011 Page 24 of 29 Exhibit 1-DRES.A Parcel NumberEstimated RCE's Estimated Payback AssessmentNotes 143700238-03701$1,353.14 144700238-03801$1,353.14 145700238-03901$1,353.14 146700238-04001$1,353.14 147700238-04101$1,353.14 148700238-04201$1,353.14 149700238-04301$1,353.14 150700238-04401$1,353.14 151700238-04501$1,353.14 152700238-04601$1,353.14 153700238-04701$1,353.14 154700238-04801$1,353.14 155700238-04901$1,353.14 156700238-05001$1,353.14 157700238-05101$1,353.14 158700238-05201$1,353.14 159700238-05301$1,353.14 160700238-05401$1,353.14 161700238-05501$1,353.14 162700238-05601$1,353.14 163700238-05701$1,353.14 164700238-05801$1,353.14 165700238-05901$1,353.14 166700238-06001$1,353.14 167700238-06101$1,353.14 168700238-06201$1,353.14 169700238-06301$1,353.14 170700238-06401$1,353.14 171700238-06501$1,353.14 172700238-06601$1,353.14 173700238-06701$1,353.14 174700238-06801$1,353.14 175700218-001014 176700218-002014 177700218-003014 178700218-004014 179700218-005014 180700218-006014 181700218-007014 182700218-008014 183700218-009014 184700218-010014 185700218-011014 186700218-012014 187700218-013014 188700218-014014 189700218-015014 190700218-016014 191700218-017014 192700218-018014 Page D-4 Resolution No. 4702 April 25, 2011 Page 25 of 29 Exhibit 1-DRES.A Parcel NumberEstimated RCE's Estimated Payback AssessmentNotes 193700218-019014 194700218-020014 195700218-021014 196700218-022014 197700218-023014 198700218-024014 199700218-025014 200700218-026014 201700218-027014 202700218-028014 203700218-029014 204700218-030014 205700218-031014 206700218-032014 207700218-033014 208700218-034014 209700218-035014 210700218-036014 211700218-037014 212700218-038014 213700218-039014 214700218-040014 215700218-041014 216700218-042014 217700218-043014 218700218-044014 219700218-045014 220700218-046014 221700218-047014 222700218-048014 223700218-049014 224700218-050014 225700218-051014 226700218-052014 227700218-053014 228700218-054014 229700218-055014 230700218-056014 231700218-057014 232700218-058014 233700218-059014 234700218-060014 235700218-061014 236700218-062014 237700218-063014 238700218-064014 239700218-065014 240700218-066014 241700218-067014 242700218-068014 Page D-5 Resolution No. 4702 April 25, 2011 Page 26 of 29 Exhibit 1-DRES.A Parcel NumberEstimated RCE's Estimated Payback AssessmentNotes 243700218-069014 244700218-070014 245700218-071014 246700218-072014 247700218-073014 248700218-074014 249700218-075014 250700218-076014 251700218-077014 252700218-078014 253700218-079014 254700218-080014 255700218-081014 256700218-082014 257700218-083014 258700218-084014 259700218-085014 260700218-086014 261700218-087014 262700218-088014 263700218-089014 264700218-090014 265700218-091014 266700218-092014 267700218-093014 268700218-094014 269700218-095014 270700218-096014 271700218-097014 272700218-098014 273700218-099014 274700218-100014 275700218-101014 276700218-102014 277700218-103014 278700218-104014 279700218-105014 280700218-106014 281700218-107014 282700218-108014 283700218-109014 284700218-110014 285700218-111014 286700218-112014 287700218-113014 288700218-114014 289700218-115014 290700218-116014 291700218-117014 292700218-118014 Page D-6 Resolution No. 4702 April 25, 2011 Page 27 of 29 Exhibit 1-DRES.A Parcel NumberEstimated RCE's Estimated Payback AssessmentNotes 293700218-119014 294700218-120014 295700218-121014 296700218-122014 297700218-123014 298700218-124014 299700218-125014 300700218-126014 301700218-127014 302700218-128014 303700218-129014 304700218-130014 305700218-131014 306700218-132014 307700218-133014 308700218-134014 309700218-135014 310700218-136014 311700218-137014 312700218-138014 313700218-139014 314700218-140014 315700218-141014 316700218-142014 317700218-143014 318700218-144014 319700218-145014 320700218-146014 321700218-147014 322700218-148014 323700218-149014 324700218-150014 325700218-151014 326700218-152014 327700218-153014 328700218-154014 329700218-155014 330700218-156014 331700218-157014 332700218-158014 333700218-159014 334700218-160014 335700218-161014 336700218-162014 337700218-163014 338700218-164014 339700218-165014 340700218-166014 341700218-167014 342700218-168014 Page D-7 Resolution No. 4702 April 25, 2011 Page 28 of 29 Exhibit 1-DRES.A Parcel NumberEstimated RCE's Estimated Payback AssessmentNotes 343700218-169014 344700218-170014 345700218-171014 346700218-172014 347700218-173014 348700218-174014 349700218-175014 350700218-176014 351700218-177014 352700218-178014 353700218-179014 354700218-180014 355700218-181014 356700218-182014 357700218-183014 358700218-184014 359700218-185014 360700218-186014 361700218-187014 362700218-188014 363700218-189014 364700218-190014 365700218-191014 366700218-192014 367 700218-1930 1 4 Total611565,612.52$ Notes 1Estimated ERU's based on commercial site plan. 2Estimated ERU's based on the portion of the approved multifamily development within the pump station basin 3Allocated dwelling units per the Lakeland Hills South Development Plan 4Parcels owned by the developer. Properties included for reference only and not for assessment. Page D-8 Resolution No. 4702 April 25, 2011 Page 29 of 29 Exhibit 1-D RES.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4706 Date: April 26, 2011 Department: Public Works Attachments: Resolution No. 4706 and Agreement Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4706. Background Summary: Resolution No. 4706 authorizes the Mayor to negotiate and execute an agreement with Puget Sound Energy, Inc. for the purpose of relocating power facilities in advance of construction of the A Street NW Extension (A/B Corridor) project. The relocation of the existing PSE power facilities is required to construct the roadway improvements. City staff believes having Puget Sound Energy, Inc. complete the relocation of existing power facilities in advance of construction activities will minimize construction interruption and maintain the current anticipated construction schedule of the A Street NW Extension project. The total estimated project costs are $8,858,138. The cost to relocate the power facilities is approximately $112,407.61 and is included in the project budget. O4.9.1 C207A, O4.2.1 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 2, 2011 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B RESOLUTION NO 4 7 0 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH PUGET SOUND ENERGY INC FOR THE PURPOSE OF RELOCATING POWER FACILITIES IN ADVANCE OF CONSTRUCTION OF THE A STREET NW EXTENSION AB CORRIDOR C207A PROJECT WHEREAS Puget Sound Energy Inc has existing power facilities located in a private easement within the vicinity of the Project which are required to be relocated to accommodate the Project and WHEREAS Puget Sound Energy Inc is responsible for the planning review design permitting and relocation of said power facilities in advance of construction of the A Street NW Extension project hereinafter referred to as the Project and WHEREAS it is in the Citys best interest to have Puget Sound Energy Inc complete the relocation of said power facilities in advance of construction of the Project NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor is hereby authorized to negotiate and execute an agreement with Puget Sound Energy Inc for the purpose of completing facility relocation work in advance of construction of the A Street NW Extension Resolution No 4706 April 20 2011 Page 1 of 2 RES.B project in substantial conformity with the agreement attached hereto marked as Exhibit 1 and incorporated herein by this reference Section 2 That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation Section 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Dated and Signed this day of 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM Da iel B Heid City Attorney Resolution No 4706 April 20 2011 Page 2 of 2 RES.B FACILITY RELOCATION AGREEMENT This Agreement dated as of 2011 is made and entered into by and between Puget Sound Energy Inc a Washington corporation PSE and The City of Auburn a Washington municipal corporation City PSE and the City are sometimes referred to herein individually as a Party and collectively as the Parties RECITALS A PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity Facilities that are located on an easement The Facilities are more particularly described on Exhibit A attached hercto and incorporated herein by thisreference B The City plans to construct improvements to A Street NW north of 3a Street NW for approximately 250 feet Improvements C In connection with the Improvements the City has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities the Relocation Work all in accordance with and subject to the terms and conditions of this Agreement and any applicable tariff on file with the Washington Utilities and Transportation Commission the WUTC D The City has provided to PSE a written plan for the Improvements the Improvement Plan which includes among other things a plans and specifications sufficient in detail as reasonably determined by PSE for PSE to design and perform the Relocation Work including reasonably detailed drawings showing the planned Improvements b a list of the key milestone dates for the Improvements and c information concerning possible conflicts between PSEs Facilities and other utilities or facilities The Parties therefore agree as follows AGREEMENT Section 1 Relocation Worlc 11 Relocation Work The Relocation Work is described in Exhibit B attached to this Agreement 12 Performance of Relocation Work Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC PSE shall use reasonable efforts to perform the Relocation Work PSE shall perform the Relocation Work in accordance with the schedule provided in Exhibit B the Relocation Schedule with reasonable diligence in the ordinary course of its business and in light of any operational Resolution No 4706 April 20 2011 Exhibit 1 1 RES.B issues as to the remainder of its utility systems that may be influenced by the Relocation Work PSE shall haven liability to the City or any third party nor shall the City be relieved or released from its obligations hereunder in the event of any delay in the performance of the Relocation Work due to any a repair maintenance improvement renewal or replacement work on PSEs utility systems which work is necessary or prudent as determined by PSE in its sole discretion or b actionstaken by PSE which are necessaryor consistentwith prudent utility practices to protect the performance integrity reliability or stability of PSJTs utility systems or anysystems to which such systems are connected 13 Adjustments to the Relocation Work PSE shall notify the City in writing of any reasonably anticipated adjustments to the Relocation Work including the Relocation Schedule andor RelocationModification Estimate that result from a the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work b delays in PSEs performance of the Relocation Work caused by the City or its agents servants employees contractors subcontractors or representatives or o conditions or circumstances otherwise beyond the control of PSE The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work In the event such additional requirements arise the Parties shall provide written notice thereof and shalluse good faith reasonable effortsto appropriately respond to such requirements in a prompt and efficient manner including appropriate adjustments to the Relocation Schedule andor the RelocationModification Estimate 14 Peiformance by City In the event the City is unable to perform Its obligations under Sections 2 and 3 below to PSEs reasonable satisfaction and absent written waiver by PSE of such obligations the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the City to perform such obligations provided that if the Parties cannot reasonably agree upon such schedule adjustment PSE mayat its option thereafter terminate this Agreement by giving written notice to the City and the City shalt promptly pay PSE the amounts payable to PSE in connection with such termination under Section 55 PSEs determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement 15 Notice to Proceed with Construction Work At least twenty 20 business days prior to the date required for the commencement of construction for the Relocation Work the City shall either a provide to PSE a written notice toproceed with such construction work or b terminate this Agreement by written notice to PSE In the event of such termination the City shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 55 Resolution No 4706 April 20 2011 Exhibit 1 2 RES.B i Section 2 Operating Rights Unless otherwise provided for in Exhibit B the City shall be solely responsible for any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate in addition to or as replacement for the Existing Operating Rights for completion of the Relocation Work New Operating Rights Such New Operating Rights obtainedby PSEshill bein PSEs name shall beof equivalent qualityand kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE all as determined by PSE in its sole discretion The New Operating Rights shall be provided with sufficient title information demonstrating to PSEs satisfaction that PSE shall obtain clear goodand sU icient title tosuch rights if applicable PSE shall not be obligated to commence the Relocation Workor otherwise in any way change limit curtail impair or otherwise affect the normal and reliable operafion of the Facilities as located upon or relative to the Existing Operating Rights unless and until PSE is in possession of the New Operating Rights Section 3 Permits PSE shall obtain all necessary permits licenses certificates inspections reviews impact statements determinations authorizations exemptions or any other form of review or approval given made done issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient forthe Relocation Work col lectivel y Permits and the City shall be solely responsible for any costs related to the acquisition ofsaid require t documentation The Permits shall be on such terms and conditions as PSE shall in its solediscretion determine to be appropriate toits needsPSEshall not be obligated to commence construction for the Relocation Work or otherwise in any way change limit curtail impair or otherwise affect the normal and reliable operation of the Facilities unless and until PSE is inpossession of all Permits necessary for the Relocation Work and all rights of appeal withrespect to the Permits shall have been exhausted The City shall be responsible for performance ofand any costs associated with any mitigation required by the Permits Section 4 Materials and Ownership Unless specifically agreed otherwise in writing by theTarties PSE shall provide all necessarymaterials equipment and labor required to perform theRelocation Work All materials information property and other items provided for used or incorporated into the Relocation Work including but not limited to the Facilities shallbe and remain the property of PSE Section 5 Relocation Costs 51 Estimate PSEs good faith estimate of the costs to perform the Relocation Work the RelocationModifrcationEstimate isl 1240761 and is attached as Exhibit C The Parties agree that the RelocationModification Estimate is an estimate only and PSE shall Resolution No 4706 April 20 2011 Exhibit 1 3 RES.B be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work 52 Costs in Excess of Estimate PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work and in the event PSE detennines that such costs are likely to exceed tlieRelocationModificationEstimate by more than ten percent 10 PSE shall so notify the City in writing In such event PSE may at its discretion suspend performance the Relocation Work and PSE shall not be obligated to continue with performance of any Relocation Work unless and until PSE receives the Citys written acceptance of PSEs revised RelocationModification Estimate and written notice to proceed with the RelocationWork In theevent PSE does not receivesuch acceptance and notice from the City within ten 10 working days from the date of PSEs notice then PSE may at its discretion terminate this Agreement Inthe event of such termination the City shall promptly pay 13SEtheambunts payable to PSE inconnection with termination under Section 55 53 Relocation Costs The City shall be responsible for and shallreimburse PSE for all costs and expenses incurred by PSE in connection with the perfonnance the Relocation Work the Relocation Costs described in Exhibit B For purposes of this Agreement the Relocation Costs shall include without limitation any and all direct and indirectcosts incurredby PSE in connectionwith the performance of the Relocation Work including but not limited to jabor personnel supplies materials overheads contractors consultants attorneys and other professionals administration and general expenses and taxes 5A Statement of Costs Invoice Within sixty 60 calendar days of the completion of the Relocation Work PSE shall provide the Citywith a statement and invoice of theactual RelocationCosts incurred by PSE PSE shall provide within a reasonable period after receipt of any written request from the City such documentation and information as the Citymay reasonablyrequest to verify any such invoice 55 Costs Upon Termination of Agreement In the event either Party terminates this Agreement the City shall promptly pay PSE the following a ail costs and expenses incurred by PSE in connection with the Relocation Work including without limitation all Relocation Costs incurred through the date of tenninationand such additionalcosts as PSE may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Worlc and b all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliablecommercial operations 56 Payment The City shall within thirty 45 calendar days after the receipt of an invoice for costs payable under this Agreement remit to PSE payment for the full amount of the invoice Resolution No 4706 April 20 2011 Exhibit 1 4 RES.B Section 6 Indemnification 61 Indemnification The City releases and shall defend indemnify and hold harmless PSE from all claims losses harm liabilities damages costs and expenses including but not limited to reasonable attorneys fees causedby or arising out of any negligent act or omissionor willful iisconduct of the City in its performance under this Agreement PSE releases and shall defend indemnify and hold harmless the City from all claims losses harm liabilities damages costs and expenses including but not limited to reasonable attorneys fees caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement During the performance of suchactivitics employees or contractors of each Party shall at all times remain employees or contractors respectivelythat Party and shall not be or be construed to be employees or contractors respectively of the other Party 62 Title 51 Waiver Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6 each Party expressly waives its immunity under Title 51 of the Revised Code of Washington the Industrial Insurance Act and agrees that the obligation to indemnify defend and hold harmless provided for in dlis Section 6 extends to any such claim brought against theIindemnified Party by or on behalf of any employee of the indemnifyingParty The foregoing waiver shall not in any way preclude the indemnifying Party from raisingsuch immunity as a defense against any claim brought against the indemnifying Party by any of its employees Section 7 Disclaimers and Limitation of Liability 71 Disclaimer Neither PSE or the City make representations or warranties of any kind express or implied with respect to the Relocation Work or other items or services provided under this Agreement including but not limited to any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance course of dealing or usage of trade 72 Limitation of Liability In no event shall PSE or the City be liable whether in contract warranty tort or otherwise to any other party or to any other person for any indirect incidental special oi consequential damages arising out of theperformance or nonperformance of the RelocationWorkor this Agreement Section 8 Miscellaneous 81 Tariffs Control This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff the terms of the tariff shall govern and control 82 Survival Sections 2 and 4 through 8 shall survive any termination of this Agreement Subject to the foregoing and except as otherwise provided herein upon and Resolution No 4706 April 20 2011 Exhibit 1 5 RES.B i i following termination of this Agreement neither Party shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect 83 Waiver The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance rather the same shall be and remain in full force and effect 84 Entire Agreement This Agreement including any exhibits hereto sets forth the complete and integrated agreement of the Parties This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby 85 Force Majeure In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control a Force Majeure Event thenthat Partys perfornance shall be excused during the Force Majeure Event Force Majeure Events shall include without limitation war civil disturbance storm flood earthquake or other Act of God storm earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers laws regulations rules or orders of any governmental agency sabotage strikes or similar labor disputes involving personnel of a Party its contractors or a third party or any failure or delay in the performance by the other Party or a third party who is not an employee agent or contractor of the Party claiming a force Majeure Event in connection with the Relocation Work or this Agreement Upon removal or termination of the Force Majeure Event the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event 86 Enforceability The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted 87 Notice Any notice request approval consent order instruction direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed properly addressed and stamped with the required postage to the intended recipient at the address and to the attention of the person specified below the Patties respective signatures on this Agreement Either Party may from time to time change such address by giving the other Patty notice of such change in accordance with this section 88 Governing Law This Agreement shall be interpreted construed and enforced in all respects in accordance with the laws of the State of Washington This Agreement shall be fully binding upon the Parties and their respective successors assigns and legal representatives Resolution No 4706 April 20 2011 Exhibit 1 6 RES.B i In witness whereof the Parties have executed this Abrreement as of the date set forth above I PSE City Puget Sound Energy Inc By By Its Its Address Address Attn Attn i i Resolution No 4706 April 20 2011 Exhibit 1 RES.B EXHIBIT A EXISTING FACILITIES Shown on attached drawing and consist of aerial conductors and poles Padmounted transformer and vault Aerial service coodutors will he transferred and extended as required EXISTING OPERATING RIGHTS Easement and franchise Resolution No 4706 April 20 2011 Exhibit 1A 8 RES.B EXHIBIT 11 RELOCATION WORK PSE as shown on attached drawing will o Remove existing aerial facilities from 1P01 to P09 provided all communication facilities are removed by others o Relocate vault V04 o Install vaults V02 V03 and H01 and new conduits and underground conductors between V02N03 to V04 using open trench excavation method e Install two new glulam selfsupporting poles at P02 and P04 Transfer and extend aerial 600 volt service conductors as needed The City will provide all necessary staking for pole and vault locations and elavations for the intalled Facilities based on the Citys project design and PSEs design of the PSE Facilities PSE shall notify the City 5 business days in advance of the start of work requiring staking to be completed PSE or its contractor will commence the Relocation Work within 20 business days of receiving a fully executed Facility Relocation Agreement provided all necessary operating rights have been secured by PSE for the installation of the Relocation Work Once the Relocation Work commences the duration is expected to be approximately 20 business days The schedule for the removal of PSE aerial facilities is dependent on all communication facilities being removed by others and will be determined at a later date The relocation work will be performed during noiwal working hours in accordance with Auburn City Code Resolution No 4706 April 20 2011 Exhibit 113 9 RES.B I I i 11 i T I I I o JIM r7 ter p1 i 1300 IN00 it 4w M s II I N 017 JJJ I I I L cro Cp7r O 1Z I Resolution No 4706 April 20 2011 Exhibit 1B Page 10 RES.B PUGET i SOUND FACILITY RELOCATIONMODIFICATION ENERGY ESTIMATE To City of Auburn Date 0412617 25 W Main Street Auburn WA 95001 Aft Ingrid Gaub SCOPE OF WORK SPECIFICATIONS and SPECM PROVISI014TS The Work under this Agreement provides for the UTILITY through its construction contractor to design and construct a new underground distribution system in conjunction wrth The City of Auburns Road project along A Street North West The new underground distribution system will be replacing PSFs existing overhead system that provide service to a nearby commercial customers The new system will consist of transformers distribution vaults two GluLam service poles and related underground conduit and wiring The cost for portions of this relocation will be a City of Auburn Obligation The City of Auburn contribution cost re detailed below PSE Project Manager Dennis Booth Activay Al Street Reloeation nE Order k 101064545 eirnbursabte 1000A 0 0 0 Materials 29452 r5 000 Construction 57653 70 000 n Engineednq Management S640930 S000 r Operating rights Overhead 14661 S6 SQod 000 r5 00 otGkAcuCI GOSfs GRAND T07AL 52134076 x L401161 City of Auburn Obligation 11240761 Billing Detail Form 3101 Puget Sound Energy Inc PO Box 90868 Bellevue 4A 980090868 Resolution No 4706 April 20 2011 Exhibit 1C Page 11RES.B AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4707 Date: April 26, 2011 Department: Public Works Attachments: Resolution No. 4707 and Supplemental Agreement Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4707. Background Summary: Resolution No. 4707 appropriates Federal Highway Administration Demonstration funds in the amount of $1,234,800 to complete the Construction phase of the City's A Street NW Extension (A/B Corridor), Project No. C207A. This grant does not require local matching funds. This project is a 1.47 mile roadway link from 3rd Street NW to 14th Street NW and includes design, right-of-way acquisition and construction of a new 3-lane and 4-lane roadway aligning A Street NW in downtown with B Street NW at the northern terminus. O4.9.1 C207A, F5.2.15 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 2, 2011 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C RESOLUTION NO 4 7 0 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE A LOCAL AGENCY SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF AUBURN AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RELATING TO PROJECT NO C207A A STREET NW EXTENSION WHEREAS under City of Auburn Resolution Nos 3852 and 4587 the City had previously obligated 356754000 in federal grant funds and entered into a Local Agency Agreement and Supplemental Agreements with the Washington State Department of Transportation WSDOT to fund the Citys design and right ofway acquisition phases for roadway improvements on A Street NW between 3d Street NW and 14th Street NW Project and WHEREAS the City is now preparing to begin the construction phase of the Project and WHEREAS the City has been awarded a Federal Highway Administration Transportation grant for construction ofthe Project from Demonstration funding sources in the amount of 123480000 and WHEREAS the Demonstration grant does not require a local funding match and WHEREAS it is in the best interest of the City to use federal monies to finance capital improvements to the transportation system Resolution No 4707 April 26 2011 Page 1 of 3 RES.C NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor is hereby authorized to execute a Supplemental Local Agency Agreement between the City and Washington State Department of Transportation for the Construction Phase in the total amount of 6676515 in substantial conformity with the agreement attached hereto marked as Exhibit A and incorporated herein by this reference In addition the Mayor is hereby authorized to execute any further necessary supplemental agreements for all future phases of the Project expending up to the total remaining amount of all the federal grants Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Dated and Signed this day of 2011 CITY OF AUBURN PETER B LEWIS MAYOR Resolution No 4707 April 26 2011 Page 2 of 3 RES.C ATTEST Danielle E Daskam City Clerk APPR ED TO FORM Daniel B Hei City Attorney Resolution No 4707 April 26 2011 Page 3 of 3 RES.C Local Agency Agreement Supplement Supplement Number Agency 3 Ci of Auburn Federal Aid Project Number Agreement Number LA5917 CFDA No 20205 STPUL1069006 The Local Agency desires to supplement the agreement entered into and executed on June 15 2005 All provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name A Street NW Extension Length 147 miles Termini 3rd St NW to 14th St NW Description of Work El No Change Reason for Supplement To authorize funds for construction Estimate of Funding Type of Work 1 2 3 4 5 PREVIOUS AGREEMENT SUPPLEMENT ESTIMATED TOTAL ESTIMATED ESTIMATED SUPPLEMENT PROJECT FUNDS AGENCY FUNDS FEDERAL FUNDS PE a Agency 120249 120249 16234 104015 865 b Other Consultant 853393 853393 115208 738185 Federal Aid C Other Participation d Other Ratio for PE e Other f State 20000 20000 2700 17300 g Total PE Cost Est a thru g 993642 0 993642 134142 859500 Right of Way h Agency 30000 18000 12000 12000 i Other PropertyAcquistion 1886991 1156771 730220 730220 I Other Property Acq nonparticipation Federal Aid k Other Consultant 47528 0 47528 6416 41112 27472 0 27472 27472 Participation I Other Consultant Ratio for Rw m Other 5000 5000 n State 5000 of Total RW Cost Est h thru n 1996991 1174771 822220 6416 2 1580 8 Construction p Contract 2710608 2710608 Other NonParticipating Contract 1710322 1710322 1710322 191566 191566 191566 r Other Consultant CE s Other Non Participating Consul CE 15749 15749 15749 112408 112408 112408 t Other PSE Utiltiy Relocation u Other 7546 7546 7546 100 v Other Non Participating Agency CE 102454 102454 Federal Aid w AgencyCE 10000 10000 10000 Participation x State 102454 Ratio for CN y Total Const Cost Est p thru x 0 4860653 4860653 1733617 312703 Total Project Cost Estimate goy 2990633 3685882 6676515 1874175 4802340 The Local Agency further stipulates that pursuant to said Title 23 regulations and policies and procedures and as a condition to payment of the Federal funds obligated it accepts and will comply with the applicable provisions AGENCY OFFICIAL Washington State Department of Transportation By By Director of Highways and Local Programs Title Mayor Date Executed Resolution No 4707 April 26 2011 Page 1RES.C