HomeMy WebLinkAbout08-01-2011 Agenda Packet
Public Works Committee
August 1, 2011 - 3:30 PM
Annex Room 2
AGENDA
I. CALL TO ORDER
A. Roll Call
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. Approval of Minutes*
B. Right-of-Way Use Permit No. 11-13* (Mund)
Approve Right-of-Way Use Permit No. 11-13 for The Auburn Downtown
Association Wine and Music Festival
C. Right-of-Way Use Permit No. 11-14* (Mund)
Approved Right-of-Way Use Permit No. 11-14 for Auburn Good Ol' Days Festival
and Fun Run
D. Public Works Project No. CP1109* (Lee)
Permission to initiate Project No. CP1109, 2011 Storm Pipeline Repair and
Replacement
E. Public Works Project No. CP1102* (Wickstrom)
Award Contract No. 11-10, to Puget Paving and Construction on their low bid of
$1,259,845.00 for Project No. CP1102, 2011 Arterial and Collector Street
Pavement Preservation
III. RESOLUTIONS
A. Resolution No. 4714* (Sweeting)
A Resolution of the City Council of the City of Auburn, Washington, Dedicating
Property Acquired by the City of Auburn for the M Street Underpass Project as
Right-of-Way
B. Resolution No. 4732* (Sweeting)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor to Award and Execute an Agreement with the Lowest Responsible Bidder
for Construction of Public Works Contract Number 11-11 for Project CP0916, West
Valley Highway Improvements
C. Resolution No. 4735* (Dunsdon)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor and City Clerk to Negotiate and Execute an Interlocal Agreement with the
Muckleshoot Indian Tribe to Design and Construct Improvements to the Auburn
Way South Corridor Between Fir Street SE and Hemlock Street SE
D. Resolution No. 4736* (Dunsdon)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor to Accept a Grant from the Washington State Transportation Improvement
Board for Improvements to the Auburn Way South Corridor Between Fir Street SE
and Hemlock Street SE
IV. DISCUSSION ITEMS
A. Auburn Gateway Project Briefing* (Dixon)
B. Citizen Survey Results (Hinman)
C. Auburn Environmental Park - Parking Plans (Andersen)
D. Capital Project Status Report* (Selle)
V. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes
Date:
July 22, 2011
Department:
Public Works
Attachments:
July 18, 2011 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the July 18, 2011 Public Works
Committee Meeting.
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:August 1, 2011 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A
Public Works Committee
July 18, 2011 - 3:30 PM
Annex Room 2
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.
A.Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Haugen were
present. Also present during the meeting were: Mayor Pete B. Lewis,
Councilmember John Partridge, City Engineer/Assistant Director Dennis
Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp,
Traffic Engineer Pablo Para, Street Systems Engineer Seth Wickstrom,
Project Engineer Jacob Sweeting, Project Engineer Leah Dunsdon, Storm
Drainage Engineer Tim Carlaw, Financial Planning Manager Martin Chaw,
and Public Works Secretary Jennifer Rigsby. Members of the public in
attendance included: Largo Wales.
B.Announcements
There were no announcements.
C.Agenda Modifications
The agenda was modified, adding Discussion Item D, Resolution No. 4728,
which was discussed following Issue B.
Resolution No. 4728 (Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
Supporting the King County Veterans and Human Services Levy
Mayor Lewis reported that the King County Veterans’ Levy was first
approved in 1954 and it was redone six year ago by the King County
Council. The expansion of Veterans’ services included bring personnel and
materials to the City of Auburn, as well as Case Officers who work on
Veterans’ issues.
Chairman Wagner asked how much funding the levy generates. Mayor
Lewis answered that $13M for Veterans and $13M for Human
Service. Mayor Lewis stated that there is no change in the levy.
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CA.A
Mayor Lewis answered a question asked by Vice-Chair Peloza regarding
the wording in the resolution.
II.CONSENT AGENDA
A.Approval of Minutes (Selle)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve the Public Works Committee Meeting
minutes for date, July 5, 2011, as amended.
Vice-Chair Peloza asked that the statement, “…wherein the City is a
member of the National League of Cities (NLC), thus, this is a direct benefit
of being a member,” be added to the last sentence of paragraph 3,
Resolutions Item A.
Motion Carried Unanimously. 3-0.
B.Public Works Project No. CP1008 (Wickstrom)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City
Council grant permission to enter into Agreement No. AG-C-402.
Street Systems Engineer Wickstrom explained that the consultant runs
computer models, using as-built information provided by staff, to determine
the bridge load rating. Chairman Wagner asked if there was any field work
involved with the process. Wickstrom answered that there is usually no
work done in the field unless there are questions about the bridges’
inspection reports, also provided to the consultant by staff.
Assistant Director/City Engineer Selle stated that the older bridges are
being rated using more modern load rating criteria to give the State a basis
to compare them with newer bridges, in response to a comment made by
Chairman Wagner about the State’s load rating requirements.
Member Haugen asked how often the bridges are inspected. Traffic
Engineer Para answered that bridges are inspected in 2-5 year cycles,
depending on the bridge’s type of construction and condition. Member
Haugen asked if the inspections of the R Street Bridge would be more
stringent than the inspections of the Supermall Flyover Bridge. Para
answered that the R Street Bridge is inspected every other year, which is
more often than the bridge at the Supermall.
Vice-Chair Peloza asked how many bridges are in the City. Traffic Engineer
Para answered that there are 19 bridges. Vice-Chair Peloza verified that the
Porter Bridge was already rated. Assistant Director/City Engineer Selle
confirmed that Vice-Chair Peloza was correct.
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CA.A
Motion Carried Unanimously. 3-0.
III.RESOLUTIONS
A.Resolution No. 4726 (Sweeting)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Negotiate and Execute an Agreement with
Burlington Northern Santa Fe Railway Company (BNSF) for the Purpose of
Constructing and Maintaining the M Street SE Underpass Project (C201A)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend Council
adopt Resolution No. 4726.
Project Engineer Sweeting explained that the agreement referenced in
Resolution No. 4726 gives the City permission to construct the M Street
Underpass in the BNSF Right-of-Way. The agreement contains several
conditions and ties into BNSF’s funding contribution to the project.
Assistant Director/City Engineer Selle explained that the agreement is
similar to a permit which allows the City to complete the construction of the
underpass and the easements granted in the agreement gives the City the
property rights to have the bridge in the BNSF Right-of-Way and do work
associated with the bridge, in response to questions asked by Chairman
Wagner.
Project Engineer Sweeting stated that Exhibit D is not currently included
with the agreement because it is still being negotiated and includes track
work to be done by BNSF, following questions asked by Chairman Wagner.
Chairman Wagner asked if Legal and Risk Management staff have
reviewed the agreement. Sweeting answered that the agreement has been
reviewed by both departments and has been deemed acceptable. The
agreement is BNSF’s standard agreement and the City has negotiated the
terms that it could. Mayor Lewis commented that BNSF only uses their own
agreements which are signed off on by the State of Washington and BNSF
does not allow their agreements to be changed. Chairman Wagner stated
that although the agreement may not be able to be changed, City staff can
conduct business in such a way it will decrease the risk of being charged by
the railroad. Mayor Lewis agreed that staff needs to be knowledgeable of
the terms of the agreement and Council needs to alert staff to areas of the
agreement that need certainty, as a matter of policy. Assistant Director/City
Engineer Selle pointed out that the project’s consultant has experience in
working with the railroads and agreements similar to the one between the
City and BNSF.
Vice-Chair Peloza pointed out the inconsistencies in the formatting of the
money amounts in the agreement. Mayor Lewis said that staff can point that
Page 3 of 9
CA.A
out to BNSF.
Project Engineer Sweeting answered a question asked by Chairman
Wagner regarding the time allotted to BNSF for their review of the
preliminary engineering, design, and preparation of BNSF contract
documents. Sweeting confirmed there are time limits included in the
agreement.
Chairman Wagner asked that staff ask if BNSF has a definition of “an
emergency nature,” as referenced in item number 4 on page 27 of 74.
Vice-Chair Peloza asked how the cost of emergency work will be
calculated. Project Engineer Sweeting answered the cost would be directly
from the invoices of the emergency repair work.
Project Engineer Sweeting confirmed all of the costs that will be included
with Exhibit D, once it is complete, in response to questions asked by
Chairman Wagner regarding the insurance expenses referenced in item
number 5 of page 27 of 74.
The Committee and staff discussed the stipulation stating that any
deviations and changes in the project’s plans need be reviewed by BNSF
for impact to safety and operations and the process of the review.
Chairman Wagner asked why there is no construction or future
maintenance allowed on the bridge in the fourth quarter, as stated in item
number 9 on page 34 of 74. Project Engineer Sweeting answered that there
are restrictions in the fourth quarter due to heavy shipping traffic and is
usually driven by UPS traffic. Sweeting stated that the City has already
submitted a waiver request letter to allow construction during the fourth
quarter. Chairman Wagner asked if there will be a delay of the project if the
waiver is not granted. Project Engineer Sweeting stated that work on the
project will continue in the surrounding vicinity, but the work in the BNSF
Right-of-Way will not be performed.
Project Engineer Sweeting answered questions asked by Chairman Wagner
regarding the purchase of liability insurance and the project cost estimate.
Chairman Wagner asked if the Mayor will review Exhibit D prior to executing
the agreement. Mayor Lewis stated that not only will he review the exhibit,
but the Council will be provided with the exhibit as well. Mayor Lewis said
that if the agreement exceeded the budget, it would be reviewed a second
time by the Public Works Committee and Council.
Vice-Chair Peloza asked who the City’s bridge designer is. Assistant
Director/City Engineer Selle answered that there is a consultant for this
project. Project Engineer Sweeting stated that the consultant for the project
Page 4 of 9
CA.A
is CH2M Hill Inc.
Motion Carried Unanimously. 3-0.
B.Resolution No. 4727 (Dunsdon)
A Resolution of the City Council of the City of Auburn, Washington,
Authourizing the Mayor to Accept a Grant from The Washington State
Department of Transportation for Safe Routes to School Improvements at
Hazelwood Elementary, Lea Hill Elementary and Rainier Middle Schools
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend Council
adopt Resolution No. 4727.
Chairman Wagner asked if there are still a lot of missing links in the Safe
Walking Routes. Traffic Engineer Para stated that there is more work that
needs to be done in the Lea Hill area to complete the walking routes.
Chairman Wagner asked how the routes included in the project’s scope
were selected. Traffic Engineer Para answered that the City worked with the
School District to identify the routes where there are a lot of students
walking to and from school. Para stated that closing the gap on SE 312th
Street will provide a safe walking route for students and help alleviate the
need to bus students the short distance to Lea Hill Elementary School.
The Committee and staff reviewed the project vicinity map.
Project Engineer Dunsdon answered questions asked by Vice-Chair Peloza
regarding the project budget and the grant match. Assistant Director/City
Engineer Selle explained that the resolution accepts the grant funds and
enters into an agreement with the State to receive the funds for the design
phase of the project out of the grant funds, and in doing so; the City is
recognizing the participation of the School District and their contribution to
the project. The remaining funds for right-of-way and construction will be
obligated further into the project.
The Committee and staff reviewed the allocation of project funds included in
the agreement.
Member Haugen asked when the project will be completed. Project
Engineer Dunsdon stated that construction is anticipated to begin in
Spring/Summer 2012 with completion of the project by Fall 2012.
Motion Carried Unanimously. 3-0.
IV.DISCUSSION ITEMS
A.2011 Arterial and Collector Crackseal Project Streets (Wickstrom)
Page 5 of 9
CA.A
Chairman Wagner asked if there would be any value in cracksealing
portions of M Street. Street Systems Engineer Wickstrom answered that the
condition of the asphalt on M Street is too poor to be treated using
crackseal but staff is still working to include portions of M Street SE in the
scope of the arterial patching project.
Street Systems Engineer Wickstrom described the crackseal repair process
at the request of Vice-Chair Peloza.
Chairman Wagner asked how fast the crackseal treatment cures. Assistant
Director/City Engineer Selle answered that the product that is currently used
cures fairly quickly and the City tries to control traffic within the area until it
sets. Street Systems Engineer Wickstrom stated that the contractor that the
City used for the past couple crackseal projects used a special material to
improve the curing time.
Assistant Director/City Engineer Selle answered a question about the
crackseal material asked by Member Haugen. Member Haugen asked if the
product has been improved over the years. Assistant Director/City Engineer
Selle answered that it has been refined over time.
B.Storm Drainage SDC LID Incentive (Carlaw)
Storm Drainage Engineer Carlaw distributed additional informational
materials to the Committee.
Carlaw spoke about the policy questions regarding Low Impact
Development (LID) incentives, on which the staff is asking the Committee
for guidance.
Storm Drainage Engineer Carlaw stated that the method of providing a
System Development Charge (SDC) LID incentive credit that staff is
currently researching includes a base charge and a LID variable
charge. Carlaw reviewed the current flat fee structure. Carlaw stated that
staff is also trying to determine what would be a reasonable breakdown
percentage between the base charge and the LID variable charge. Staff
used a 70/30 breakdown as an illustration of how the credit would work.
Storm Drainage Engineer Carlaw reviewed some of the environmental and
economic benefits to a LID incentive credit to be considered by staff and the
Committee. Chairman Wagner stated that he is in agreement with the listed
benefits of the incentive.
Mayor Lewis spoke of the benefits to not only new development, but also
the benefits to redevelopment of properties where they are lessening the
impact on the City’s storm system. Mayor Lewis stated that what staff is
finding is that with the changes in Federal law, it is becoming increasingly
financially difficult for an existing business to expand or change the footprint
Page 6 of 9
CA.A
of their business due to the new storm drainage requirements and having
an LID credit may enable them to do so.
Storm Drainage Engineer Carlaw answered questions asked by Chairman
Wagner regarding the currently policy of how SDCs are charged for
redevelopment.
Storm Drainage Engineer Carlaw discussed the LID incentive credit concept
developed by staff outlined on page 4 of informational materials. A base
SDC of 30% would be applied to all new impervious surfaces consistent
with current code and the remaining 70% could be made available as a LID
credit or incentive. The credit could be for impervious surfaces that are not
directly connected to the City’s storm system, including porous cement,
pavement, or sidewalk, rain gardens, infiltration trenches or ponds.
Carlaw and the Committee continued discussion on the LID variable charge
calculations and credit percentages.
The Committee supported the idea of a SDC LID incentive credit. Chairman
Wagner stated that the concept of a base charge and LID variable charge
made sense and the Committee members agreed.
Chairman Wagner distributed his list of written comments to the Committee
and staff. The Committee and staff reviewed Chairman Wagner’s
considerations.
Chairman Wagner discussed the possibility of designating different
geographic areas with some varied charges based on how much of the
storm system developments utilize. Mayor Lewis spoke about the
differences in storm drainage between properties on the hillsides and
properties in the flat lands. Mayor Lewis and Chairman Wagner continued
discussion regarding the different areas of the City, the varied impacts on
the storm system, and how that may affect the amount of LID incentive
received.
Chairman Wagner spoke about the possibility of hiring a consultant to help
with the detailed analysis of the SDC LID incentive. Mayor Lewis said that
at this point staff is looking for direction from the Committee and a decision
on whether or not to hire a consultant has not been made yet.
The Committee and staff continued review of Chairman Wagner’s list of
considerations.
Assistant Director/City Engineer Selle spoke about the difference between
storm drainage SDC connection charges paid during development and the
monthly utility billing property owners pay which is dependent upon the type
of water quality and flow control provided on their site.
Page 7 of 9
CA.A
The Mayor addressed comments made by Chairman Wagner regarding the
staff’s ability to calculate the typical cost of stormwater management
systems on recent development projects. Assistant Director/City Engineer
Selle spoke about the conditions that may make calculating the costs
difficult.
Chairman Wagner spoke about the considerations and how the base
charge and incentives may be calculated and how the City could be able to
provide incentives.
Assistant Director/City Engineer Selle stated that one of the policy
questions that need to be considered is how complex of an SDC credit
process does the City want to develop. Selle spoke about the costs related
to implementing and managing a more complex process versus a more
simple, less detailed process given the relatively small amount of annual
SDC charges collected.
Chairman Wagner stated that he likes the policy and idea in general, but
pointed out that developing the calculations used to determine charges may
be difficult.
Mayor Lewis asked for an average of fees collected for stormwater
management development over the last 10 years to be distributed to the
Committeel and that if it is determined that a consultant is needed, staff will
utilize a phased contract approach. Chairman Wagner agreed.
C.Capital Project Status Report (Gaub)
Item No. 4 – C507B – Auburn Pacific Trail Phase 2: Chairman Wagner
asked if there were any issues with the trail location and
residents. Assistant City Engineer Gaub answered that the City of Pacific
has been handling communication with their residents and that both Cities
are working with one resident on adjusting where the sidewalk that is
crossing a driveway to address a grade concern. Chairman Wagner asked
staff to check with the City of Pacific to see if there was any feedback from
residents.
Item No. 5 – CP1010 – 2010 Storm Drainage Repair/Replacement: Member
Haugen asked if the project is an ongoing project. Assistant City Engineer
Gaub answered that a Storm Repair and Replacement Program is
budgeted annually in the storm drainage budget. The 2010 project is doing
improvements at three specific pond locations only.
Mayor Lewis spoke about some of the problems with storm ponds located
on Lea Hill, in response to comments made by Member Haugen. Assistant
Director/City Engineer Selle stated that the priority of the storm projects are
usually determined by reports from staff concerning the difficultly to
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CA.A
maintain facilities and/or flooding problems.
Item No. 20 – C201A – M Street Underpass: Assistant City Engineer Gaub
stated that WSDOT certification, which is pending, is the certification by the
State that the Right-of-way acquisition is complete and in conformance with
the requirements, in response to a question asked by Chairman Wagner.
Item No. 18 – CP0916 – West Valley Highway – SR 18 to W Main: Vice-
Chair Peloza asked if construction is still delayed until 2012. Assistant City
Engineer Gaub stated that the project is no longer delayed because the
Army Corps of Engineers permit was received on Friday. The Capital
Project Status report had been completed and included in the packet prior
to the permit being received.
Item No. 15 – CP0756 – Lea Hill Pump Station Decommissioning Phase
2: Assistant City Engineer Gaub confirmed that work has started on the
project, in response to a question asked by Vice-Chair Peloza.
Item No. 27 – CP1024 – AWS and M Street SE Intersection: Chairman
Wagner asked when the c-curbing is going to be installed across 17th
Street, near the M Street SE intersection. Traffic Engineer Para stated the
neighborhood residents are being notified and the c-curbing will be installed
in Summer 2011.
Item A – CP0922 – City Hall Plaza Improvements: Member Haugen asked if
the project came in under budget. Assistant City Engineer Gaub answered
the final pay amounts are being processed and action on that payment will
go to the Downtown Redevelopment Committee.
V.ADJOURNMENT
There being no further business to come before the Public Works Committee,
the meeting was adjourned at 4:40 p.m.
Approved this 1st day of August, 2011.
Page 9 of 9
Rich Wagner Jennifer Rigsby
Chairman Public Works Department Secretary
CA.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Use Permit No. 11-13
Date:
July 26, 2011
Department:
Public Works
Attachments:
Permit Special Conditions
Festival Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee approve Right-of-Way Use Permit No. 11-13 for The Auburn
Downtown Association Wine and Music Festival
Background Summary:
The Auburn Downtown Association has requested a Right-of-Way Use Permit for their first annual Wine
and Music Festival to be held August 27th from 11 am to 7 pm and on August 28th, 2011 from 11 am to 3
pm. The applicant has requested the use of East Main Street between just east of Division Street and
Auburn Way North/South and use of the B Street Plaza south of E Main St. The intersection of Auburn
Avenue/A Street SE and E Main Street is to remain open for north/south traffic. See attached map for
details. The applicant may also be utilizing the City Hall Plaza, Park Plaza and B Street Parking Lot
spaces for the festival through agreements with the Parks Department and Facilities Management.
Pedestrian traffic crossing W Main Street between these two facilities shall be at a designated path set up
by the City. The applicant will set up signage or cones in the plazas directing pedestrians to the cross at
the designated path.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Mund
Meeting Date:August 1, 2011 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B
Right-of-Way Use Permit Special Conditions
for ROW Use Permit 11-13
Staff recommends approval of the permit, subject to the following
conditions:
1. Applicant’s failure to comply with any provisions/conditions of this
permit shall be terms for immediate termination.
2. Applicant shall maintain current insurance throughout the life of the
permit and provide the City with proof that they are insured.
3. Applicant shall provide a signed and notarized Hold Harmless
agreement.
4. Applicant shall comply with the City’s nuisance code under ACC 8.12.
5. Applicant shall keep the public ROW free of litter and drink or food
waste.
6. The City reserves the right to adjust the terms and conditions or revoke
this Right-of-Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use
of the ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact
the public interest, as follows:
i. The remaining capacity of the rights-of-way to accommodate
other uses if the applicant’s proposed use is granted.
ii. The effect, if any, on public health, safety, and welfare if the
authorization is granted.
iii. Such other factors as may demonstrate that the grant to use
the rights-of-way will serve the community interest.
7. Applicant shall return the right-of-way to the same condition they found
it, and shall remove any garbage or equipment they bring in.
8. Applicant shall assure the right-of-way area will be open for emergency
response if needed.
CA.B
CA.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Use Permit No. 11-14
Date:
July 26, 2011
Department:
Public Works
Attachments:
Permit Special Conditions
Festival Vicinity Map
Fun Run Route Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee approve Right-of-Way Use Permit No. 11-14 for Auburn Good
Ol Days Festival and Fun Run
Background Summary:
Right-of-Way Use Permit 11-14 is a request from Auburn Good Ol' Days to use certain streets for their
annual Good Ol' Days Festival from 9:00 am, August 12th through 8:00 pm, August 14, 2011. See the
attached map for details.
This festival includes the 5K Fun Run (see attached course map). The Fun Run will be held on August
12th from 7:00 pm to 9:00 pm. There will be approximately 200 people running between the hours of 7:00
pm and 8:00 pm. The running lane will be coned off and/or marked with arrows in addition to signs saying
"Race in progress, watch for runners".
The traffic control plan is attached and has been reviewed by Transportation Staff.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Mund
Meeting Date:August 1, 2011 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C
RIGHT OF WAY USE PERMIT #11-14
AUBURN GOOD OL’ DAYS FESTIVAL AND FUN RUN
AUGUST 12-14, 2011
CONDITIONS
1) Applicant provides a Certificate of Insurance.
2) Applicant shall provide a signed and notarized Hold Harmless agreement.
3) Applicant shall remove all litter, trash and debris from the event and
keep the public ROW free of litter and drink or food waste upon
expiration of this permit.
4) Applicant shall not use paint or use other permanent markings to
mark or delineate spaces for booths, vendors, displays or otherwise
mark the ROW, pavement, sidewalks, parking lots or hard surface with
anything that is not removed by the applicant upon expiration of this
permit.
5) Applicant shall provide access and maintain permitted space for Girl
Dog Inc on Friday August 12th. Girl Dog Inc is permitted under ROW
#10-25 and located on the north side of East Main Street in front of the
B Street Parking lot in the ROW at 137 E Main Street. The attached
map for ROW #10-25 shall be part of and a condition of this permit.
6) The City reserves the right to adjust the terms and conditions or revoke this
Right-of-Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use of the
ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact the
public interest, as follows:
• The remaining capacity of the rights-of-way to accommodate other
uses if the applicant’s proposed use is granted.
• The effect, if any, on public health, safety, and welfare if the
authorization is granted.
• Such other factors as may demonstrate that the grant to use the
rights-of-way will serve The community interest.
RIGHT OF WAY USE PERMIT #11-14
STREET CLOSURES AND TRAFFIC CONTROL
Right-of-Way Use Permit #11-14 is a request from the Auburn Good Ol’ Days to
use the following streets for their annual Good Ol’ Days Festival from 9:00 am,
August 12th through 8:00 pm, August 15, 2010.
Fun Run
This festival includes the 5 K Fun Run (see attached course map). The Fun Run
will be held on August 12th from 7:00 pm to 9:00 pm. There will be
approximately 200 people running between the hours of 7:00 pm and 8:00 pm.
CA.C
1. The running lane will be coned off and/or marked with arrows in addition to
signs saying “Race in progress, watch for runners”.
2. Auburn Good Ol’ Days will coordinate, provide for and secure
representatives/volunteers to be posted at the intersections of; F St SE
and 5th St SE, 6th St SE, 7th St SE, 8th St SE and 9th St SE to keep runners
in the coned area, in addition to other locations as indicated on the
attached course map.
3. Auburn Good Ol’ Days will coordinate, provide for and secure police
presence at locations as indicated on the attached course map.
Festival street closures are as follows (see attached detour map)
1. Closure starting at 9:00 am on Friday, August 12th until 8:00 pm Sunday,
August 14th:
a. South Division Street from East/West Main Street to 1st Street
SE/SW
2. Closure starting at 7:00 am on Friday, August 12th until 8:00 pm Sunday,
August 14th:
a. B Street NE from East Main Street to 1st Street NE
b. B Street SE (Plaza) from East Main Street to the Safeway parking lot
c. Alley north of East Main Street and south of 1st Street NE between
Auburn Ave to Auburn Way North
3. Closure starting at 3:00 pm on Friday, August 12th until 8:00 pm Sunday,
August 14th:
a. East Main Street from Auburn Avenue to Auburn Way
4. Closures starting at 6:00 pm on Friday, August 12th until 8:00 pm Sunday,
August 14th:
a. Division Street from Main Street to 1st Street NE (POLICE ACCESS
WILL BE MAINTAINED TO CITY HALL/JAIL) City Hall will need
to remain accessible via Division St and A Street NW
b. East/West Main Street from A Street NW/SW to Auburn Way (vendor
access only)
5. Closure starting at 7:00 pm on Friday, August 12th until 8:00 pm on
Sunday, August 14th:
a. Auburn Ave/A Street SE from 1st Street NE to mid-block south of
East Main Street, just north of the entrance into the Rainbow
Café/Safeway parking lot
b. 1st Street NE from Auburn Ave to Auburn Way
6. Parade Closure from 9:00 am until 3:00 pm on Saturday, August 12th:
a. East Main Street from Auburn Way to M Street SE
b. Side streets intersecting the parade route including L St.
SE/NE, K St. SE/NE, J St. SE/NE, I St. SE/NE, H St. SE/NE, G St.
SE/NE, F St. SE/NE, E St. SE/NE, D St. SE/NE, and A St. SW/NW
will be temporarily closed to general traffic during the parade.
7. D St. SE/NE will remain accessible to the Police Department for
ingress and egress during the parade.
CA.C
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1109
Date:
July 25, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee grant permission to initiate Project No. CP1109, 2011 Storm Pipeline
Repair and Replacement
Background Summary:
This project will construct Storm Drainage improvements in two phases at various locations throughout the City:
Phase 1- To be constructed in 2011 with an anticipated completion date of October 31, 2011.
Academy Dr SE - Construct replacement storm conveyance system for the existing system that is in poor
condition.
37th Street NW, "H" Basin Outfall - Construct manhole with slide gate to isolate drain system from high water
backflow from Mill Creek.
36th Street SE - Install catch basin and piping in the vicinity of 1910 36th St SE to relieve localized flooding.
Phase 2- To be constructed in 2012 with an anticipated completion date of August 31, 2012
Hi Crest Dr NW - Construct new storm conveyance line to relieve localized flooding.
This project is funded in the 2011/2012 Storm Drainage Pipe Repair & Replacement program in the 432 Storm
Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Lee
Meeting Date:August 1, 2011 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D
Project No: CP1109Project Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: _ _ Permision to Advertise
Advertisement Date: _ Contract Award
Award Date: _ _ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 Future Years Total
432 Fund - Storm R&R Program**232,400165,000397,400
Total 0232,400165,0000397,400
Activity Prior Years 20112012Future YearsTotal
Design Engineering - City Costs 37,500037,500
Construction Estimate 150,000125,000275,000
Project Contingency (20%)30,00025,00055,000
Construction Engineering - City Costs 14,90015,00029,900
Total 0232,400165,0000397,400
Prior Years 20112012Future YearsTotal
*432 Funds Budgeted ( )0(232,400)(165,000)0(397,400)
432 Funds Needed 0232,400165,0000397,400
*432 Fund Project Contingency ( )00000
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
** This is a portion of the 2011 and 2012 annual budget for the Storm Repair & Replacement Program.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
2011 Storm Pipeline Repair and Replacement Program
Date: July 26, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
432 Storm Budget Status
H:\PROJ\CP1109-2011 Storm Pipeline Repair Replacement\Budget\Pipe R&R Budget Status.xls1 of 1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1102
Date:
July 26, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tabulation Summary
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council award Contract No. 11-10, to Puget
Paving and Construction on their low bid of $1,259,845.00 for Project No. CP1102, 2011
Arterial and Collector Street Pavement Preservation.
Background Summary:
The 2011 Arterial and Collector Street Pavement Preservation Project will rehabilitate deficient pavement
on 6.0 miles of arterial and collector streets throughout the City. This rehabilitation will be accomplished by
patching areas of damaged pavement on the streets shown on the attached maps.
This project is funded within the 2011 budget for the 105 Arterial Preservation Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Wickstrom
Meeting Date:August 1, 2011 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E
Project No: CP1102 Project Title:
Project Manager: Seth Wickstrom
Initiation/Consultant Agreement
Initiation Date: _November 11, 2010______ Permission to Advertise
Solicitation Date: _July 12, 2011_________ Contract Award
Award Date: _______________________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 2012 Total
105 Fund - Arterial/Collector Pavement Preservation Fund 1,300,0001,300,000
Total 001,300,00001,300,000
ActivityPrior Years20102011 2012 Total
Design Engineering - City Costs 10,000 10,000
Construction Estimate 1,259,845 1,259,845
Authorized Contingency 5,155 5,155
Construction Engineering - City Costs 25,000 25,000
Total 001,300,00001,300,000
Prior Years 20102011 2012 Total
*105 Funds Budgeted ( )00(1,300,000)0(1,300,000)
105 Funds Needed 001,300,00001,300,000
**105 Fund Project Contingency ( )00000
105 Funds Required 00000
* ( # ) in the Budget Status Sections indicates money the City has available.
BUDGET STATUS SHEET
2011 Arterial & Collector Pavement Preservation
Date: July 26, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
105 Arterial/Collector Street Budget Status
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Page 1 of 1
CA.E
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CA.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4714
Date:
July 25, 2011
Department:
Public Works
Attachments:
Resolution No. 4714
Exhibits
Budget Impact:
$0
Administrative Recommendation:
Public Works recommend that City Council adopt Resolution No. 4714.
Background Summary:
Resolution No. 4714 completes the dedication of various property acquired for the M Street Underpass
Project as Right-of-Way.
Due to the significant amount of properties that required total taking, the properties were acquired using
standard Warranty Deeds which conveyed the properties as City owned property. Dedication as Right-of-
Way is the final step in the acquisition process. These areas will be utilized for public streets and utilities.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Sweeting
Meeting Date:August 1, 2011 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A
--------------------------------------
Resolution No. 4714
July 21, 2011
Page 1 of 2
RESOLUTION NO. 4714
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DEDICATING
PROPERTY ACQUIRED BY THE CITY OF AUBURN
FOR THE M STREET UNDERPASS PROJECT AS
RIGHT-OF-WAY
WHEREAS, the City Council has previously reviewed and approved
Resolution No. 4603 that authorized the Mayor to negotiate and execute
documents required to acquire property and relocate inhabitants for C201A - M
Street SE Underpass Project; and
WHEREAS, the City has acquired property for Project C201A; and
WHEREAS, notwithstanding and/or in addition to the language of the
deeds received from property owners the acquired properties were acquired for
and intended to be utilized as right of way for public street and utility purposes;
and
WHEREAS, to clarify said intended public street and utility purposes, it is
appropriate to specify the use by right-of-way/utility dedications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute and record with the
offices of the King County Recorder this Resolution and/or any other documents
dedicating properties acquired in connection Project C201A, the M Street SE
RES.A
--------------------------------------
Resolution No. 4714
July 21, 2011
Page 2 of 2
Underpass Project, for right of way, public street and public utility purposes.
For the purposes hereof, such dedication shall include the parcels described in
Exhibits A1 through A14, attached hereto and incorporated herein.
Section 2. Upon passage and approval of this Resolution, the Mayor
is hereby authorized to record this resolution with King County.
Section 3. The Mayor is hereby authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 4. This Resolution shall be in full force and effect 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:
_________________________
Daniel B. Heid, City Attorney
RES.A
RES.A
RES.A
RES.A
RES.A
RES.A
RES.A
RES.A
RES.A
RES.A
RES.A
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RES.A
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RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4732
Date:
July 21, 2011
Department:
Public Works
Attachments:
Resolution No. 4732
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend that City Council adopt Resolution No. 4732.
Background Summary:
Resolution 4732 would grant the Mayor the authority to award and execute Public Works Contract Number
11-11 for Project CP0916 - West Valley Highway Improvements and would avoid delaying the construction
start by 2 weeks to wait for the next City Council meeting after bids are opened on August 4, 2011. Due to
the delayed issuance of a US Corps of Engineers permit, delaying construction by 2 weeks would increase
the likelihood of construction delays and an extended duration of the road closure due to poor weather
conditions.
The total anticipated project costs are $3,807,545. The total project budget is $3,873,237, of which
$2,284,527 is funded by a State Transportation Improvement Board (TIB) safety grant, $800,000 is funded
by bond proceeds from the 432 Storm Utility Fund, $705,000 is funded from the 102 Arterial Street Fund,
and $83,710 is funded from the 124 Traffic Mitigation Fund. An estimated pre-bid project contingency of
$65,692 is in the 102 Arterial Street Fund.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Sweeting
Meeting Date:August 1, 2011 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B
--------------------------------------
Resolution No. 4732
July 19, 2011
Page 1 of 3
RESOLUTION NO. 4732
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO AWARD
AND EXECUTE AN AGREEMENT WITH THE LOWEST
RESPONSIBLE BIDDER FOR CONSTRUCTION OF PUBLIC
WORKS CONTRACT NUMBER 11-11 FOR PROJECT CP0916,
WEST VALLEY HIGHWAY IMPROVEMENTS.
WHEREAS, the City Council of the City of Auburn has approved a project to
design and construct improvements to West Valley Highway between West Main
Street and State Route 18; and
WHEREAS, the project is funded by a Washington State Transportation
Improvement Board (TIB) grant and City funds; and
WHEREAS, a project Bid Opening for the construction of the roadway will take
place on August 4, 2011; and
WHEREAS, waiting to award the construction contract until the next regularly
scheduled meeting would result in a two week delay of the construction start date; and
WHEREAS, a two week delay would increase the likelihood of construction
delays and an extended duration road closure due to poor weather conditions; and
WHEREAS, the City of Auburn Public Works Department will assess the bids
received and identify the Lowest Responsible Bidder; and
WHEREAS, it is in the public interest to award and execute Public Works
Construction Contract 11-11, with all expediency to take advantage of the remaining
construction season.
RES.B
--------------------------------------
Resolution No. 4732
July 19, 2011
Page 2 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to review
bids, award, and execute an Agreement between the City of Auburn and the Lowest
Responsible Bidder for Project Number CP0916, Public W orks Contract Number 11-
11, West Valley Highway Improvements, which agreement shall conform with the Bid
Documents, provided that the bid amount does not exceed the project budget.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this _____ day of _________________, 2011.
CITY OF AUBURN
___________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
RES.B
--------------------------------------
Resolution No. 4732
July 19, 2011
Page 3 of 3
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
RES.B
Project No: CP0916
Project Manager: Jacob Sweeting Date: July 21, 2011
Consultant Agreement
Initiation Date: January 17, 2008 Permision to Advertise
Advertisement Date: July 5, 2011 Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding
Prior Years
(Actual)2011 2012
Future
Years Total
102 Fund - Unrestricted Street Revenue 55,000 55,000
102 Fund - TIB Grant 175,8182,108,709 2,284,527
102 Fund - Traffic Impact Fees 555,000 555,000
124 Fund - Traffic Mitigation Fund83,710 83,710
432 Fund - Storm Utility Fund 800,000 800,000
102 Fund - from REET2 (Budget Amendment #1)33,50261,498 95,000
Total293,0303,580,207003,873,237
Activity
Prior Years
(Actual)2011 2012
Future
Years Total
Design Engineering (Consultant)261,320313,680 575,000
Design Engineering (City)31,71026,000 57,710
Right of Way 5,577 5,577
Construction Estimate 2,764,780 2,764,780
Authorized Contingency (10%)276,478 276,478
Advanced Sign Procurement 3,000 3,000
Construction Engineering 125,000 125,000
Total293,0303,514,515003,807,545
BUDGET STATUS SHEET
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Costs (Funds Needed)
Prior Years
(Actual)2011 2012
Future
Years Total
*102 Funds Budgeted ( )(209,320)(2,780,207)00(2,989,527)
102 Funds Needed 209,3202,714,515002,923,835
*102 Fund Project Contingency ( )0(65,692)00(65,692)
102 Funds Required 00000
Prior Years
(Actual)2011 2012
Future
Years Total
*124 Funds Budgeted ( )(83,710)000(83,710)
124 Funds Needed 83,71000083,710
*124 Fund Project Contingency ( )00000
124 Funds Required 00000
Prior Years
(Actual)2011 2012
Future
Years Total
*432 Funds Budgeted ( )0(800,000)00(800,000)
432 Funds Needed 0800,00000800,000
*432 Fund Project Contingency ( )00000
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
124 Traffic Mitigation Funds Budget Status
432 Storm Budget Status
102 Arterial Street Budget Status
H:\PW COMMITTEE\Agenda Bills and Attachments\08-01-11\Resolution B 4732\WVH-BudgetStatusSheet.xlsx
7/21/2011 12:26 PM 1 of 1RES.B
RES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4735
Date:
July 25, 2011
Department:
Public Works
Attachments:
Resolution No. 4735
Exhibit 1
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend that City Council adopt Resolution No. 4735.
Background Summary:
Resolution No. 4735 authorizes the Mayor to negotiate and execute an agreement with the Muckleshoot
Indian Tribe (MIT) to design and construct improvements to the Auburn Way South Corridor, between Fir
Street SE and Hemlock Street SE.
The Muckleshoot Indian Tribe will provide matching funds equal to $606,600 for the $2,426,400
Washington State Transportation Improvement Board (TIB) grant.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dunsdon
Meeting Date:August 1, 2011 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C
-----------------------------
Resolution No. 4735
July 25, 2011
Page 1 of 3
RESOLUTION NO. 4735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO NEGOTIATE AND EXECUTE AN INTERLOCAL
AGREEMENT WITH THE MUCKLESHOOT INDIAN TRIBE TO
DESIGN AND CONSTRUCT IMPROVEMENTS TO THE AUBURN
WAY SOUTH CORRIDOR, BETWEEN FIR STREET SE AND
HEMLOCK STREET SE.
WHEREAS, both the City and the Muckleshoot Indian Tribe (MIT) share a
common community interest in providing new corridor improvements on Auburn
Way South between Fir Street SE and Hemlock Street SE; and
WHEREAS, the Washington State Transportation Improvement Board
(TIB) is interested in working with the communities of Auburn and the MIT to
help provide the corridor improvements; and
WHEREAS, the need for corridor improvements on Auburn Way South is
recognized in Auburn’s adopted Transportation Improvement Program; and
WHEREAS, the MIT has requested that Auburn assume lead agency
responsibility for the design, property acquisition and construction of the
Project; and
WHEREAS, the Muckleshoot Indian Tribe, and the City of Auburn are
authorized to enter into this Agreement under the authority of their respective
enabling legislation and under the authority of Chapter 39.34 RCW, the
Interlocal Cooperation Act; and
RES.C
-----------------------------
Resolution No. 4735
July 25, 2011
Page 2 of 3
WHEREAS, should the Bureau of Indian Affairs make a determination
that Title 25, Section 81, of the U.S. Code, applies to this Agreement, MIT will
work with the City and the Bureau of Indian Affairs to obtain any necessary
approvals.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City of Auburn will administer any funds that may be
awarded to the City for the purpose of the corridor improvement.
Section 2. The City of Auburn will be lead agency for the project.
Section 3. The Mayor is hereby authorized to negotiate and execute
an interlocal agreement with the Muckleshoot Indian Tribe, in substantial
conformity with the agreement attached hereto, marked as Exhibit 1 and
incorporated herein by this reference, and to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 4. 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
RES.C
-----------------------------
Resolution No. 4735
July 25, 2011
Page 3 of 3
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
RES.C
Exhibit 1
Resolution No. 4735
Page 1 of 1
AGREEMENT BETWEEN THE MUCKLESHOOT INDIAN TRIBE AND THE CITY
OF AUBURN FOR DESIGN AND CONSTRUCTION OF PROJECT NO. CPXXXX,
AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS, FIR STREET SE TO
HEMLOCK STREET SE
This Agreement is made and entered into in King County, Washington, between the City
of Auburn, a municipal corporation under the laws of the State of Washington,
hereinafter referred to as the “City”, and the Muckleshoot Indian Tribe, a federally
recognized Indian Tribe located on the Muckleshoot Indian Reservation, hereinafter
referred to as the “MIT”.
WITNESSETH:
WHEREAS, the need for corridor improvements on Auburn Way South is
recognized in the City’s adopted Transportation Improvement Program; and,
WHEREAS, the Muckleshoot Tribe owns property located along Auburn Way
South; and,
WHEREAS, both the City and the MIT share a common community interest in
providing new corridor improvements on Auburn Way South between Fir Street SE and
Hemlock Street SE; and,
WHEREAS, the Washington State Transportation Improvement Board (TIB) is
interested in working with the communities of Auburn and the MIT to help provide
corridor improvements; and,
WHEREAS, on September 10, 2010, the MIT approved Resolution No. 10-233,
authorizing the MIT to sign a joint grant application with the City and to agree to
participate by providing 20 percent matching funds equal to Six Hundred and Six
Thousand and Six Hundred Dollars ($606,600); and,
WHEREAS, on August 31, 2010, the City and the MIT submitted a joint grant
application to the TIB for the design and construction of corridor improvements along
Auburn Way South between Fir Street SE and Hemlock Street SE, including a five lane
section of roadway with sidewalks, lighting, transit and storm improvements and a new
traffic signal at Hemlock St SE; and,
WHEREAS, on November 19, 2010, the City was notified of award of a grant by
the Washington State Transportation Improvement Board (TIB) in the amount of Two
Million, Four Hundred and Twenty Six Thousand and Four Hundred Dollars
($2,426,400) for the TIB contribution to the Auburn Way South Corridor Improvements,
Fir Street SE to Hemlock Street SE Project; and,
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 1 of 11
EXHIBIT 1
RES.C
Exhibit 1
Resolution No. 4735
Page 2 of 2
WHEREAS, the MIT agreed to contribute Six Hundred and Six Thousand Six
Hundred Dollars ($606,600) towards the construction of the Project; and,
WHEREAS, the MIT agreed to dedicate at no cost right-of-way from MIT
owned properties as identified in Exhibit C; and,
WHEREAS, the MIT agreed to execute at no cost right-of-entry and construction
agreements from MIT owned properties as identified in Exhibit C; and,
WHEREAS, the City and the MIT are entering into this Agreement, on a
government to government basis, with the intention of cooperatively and equitably
designing and constructing the Project; and,
WHEREAS, should the Bureau of Indian Affairs make a determination that 25
USC 81 applies to this Agreement, MIT will work with the City and the Bureau of Indian
Affairs to obtain any necessary approvals.
WHEREAS, the City shall secure such additional funds in excess of the TIB
grant and MIT contribution to assure completion of the Project.
NOW THEREFORE in consideration of their mutual covenants, conditions and
promises, THE PARTIES HERETO DO HEREBY AGREE as follows:
1. SCOPE OF WORK
1.1. Project Title: Auburn Way South Corridor Improvements, Fir Street SE to
Hemlock Street SE
1.2. Description: The Project includes design and construction of corridor
improvements on Auburn Way South, between Fir Street SE and Hemlock Street
SE. The Project includes a five lane section of roadway with sidewalks, lighting,
transit and storm improvements and a new traffic signal at Hemlock Street SE.
The schematic five lane roadway cross section is illustrated in Exhibit B. The
design and location of the sidewalk may vary from what is illustrated in Exhibit
B, although the sidewalk width will remain a minimum of 10 feet wide. Right of
ways necessary for the project to be dedicated by the MIT are identified in
Exhibit C. MIT may propose alternative designs for sidewalks along its property
within the Project area and those alternative designs shall be incorporated into
the Project unless they affect roadway or sidewalk width. Should
implementation of MIT’s proposals add to the Project costs the MIT shall cover
those additional costs.
1.3. Schedule: The preliminary Project schedule has design work occuring in 2011
and 2012, right of way acquisition in 2012, advertisement in early 2013, with
construction starting in the Spring of 2013. Construction completion is
anticipated to be complete in the 4th Quarter of 2013.
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 2 of 11RES.C
Exhibit 1
Resolution No. 4735
Page 3 of 3
2. TERMS AND CONDITIONS
2.1. Lead Agency: The City shall be the lead agency and shall be responsible for
obtaining all necessary permits and/or agreements and for accomplishing all
aspects of the Scope of Work set out in paragraph 1 above. The City shall be the
contracting agent responsible for managing contracts with design and
construction professionals.
2.2. Design: The City shall remain responsible for the proper design of the Project.
MIT shall have the opportunity, but not the duty, to review contract plans and
special provisions prior to the time that such documents are considered final by
the City and prior to the time that such documents are signed by the City. The
MIT shall provide its comments, within fifteen (15) calendar days of the date that
the documents are submitted for MIT review.
MIT shall convey the rights-of-way identified in Exhibit C and now owned by
the MIT to the City no later than the date of approval of contract plans and
special provisions.
MIT shall execute rights-of-entry and construction agreements for properties
identified in Exhibit C and now owned by the MIT to the City no later than the
notice to proceed date for the construction contract.
The MIT agrees to meet with the Federal Aviation Administration (FAA) as
required during design regarding the FAA dedicating right of way needed for the
Project.
2.3. Construction: The City shall be responsible for the actual construction of the
Project, and assuring that construction of the Project is completed pursuant to the
contract terms and consistent with the terms of this Agreement. The City may,
without MIT prior concurrence, approve construction contracts and changes
thereof.
3. COST REIMBURSEMENT AND FUNDING
3.1. Project Costs and Responsibilities: The responsibility for paying all costs
associated with the Project shall be with the City. The MIT agrees to contribute
Six Hundred and Six Thousand and Six Hundred Dollars ($606,600) toward the
design, right-of-way acquisition (excluding MIT properties), and construction of
the Project.
For purposes of this Agreement, the MIT and City have agreed upon a plan for
the corridor improvements to Auburn Way South between Fir Street SE and
Hemlock Street SE, to meet the needs of both the City and MIT. Only costs
directly attributable to the Auburn Way South Corridor Improvements, Fir Street
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 3 of 11RES.C
Exhibit 1
Resolution No. 4735
Page 4 of 4
SE to Hemlock Street SE Project shall be considered as Project Costs. Project
Costs include, but are not limited to, the following: design engineering, right-of-
way acquisition, construction, permitting, inspection, contract administration
services, and other cost items agreed to by the parties. Project Costs shall
include costs incurred by the City prior to execution of this Agreement, but after
execution of the TIB Fuel Tax Grant Distribution Agreement.
The MIT shall not be liable for any Project Costs in excess of the agreed upon
MIT contribution of Six Hundred and Six Thousand and Six Hundred Dollars
($606,600).
3.2. Invoicing and Fund Distribution: Upon notification by the City that the City has
committed funds to meet its payment obligations under this Agreement, the MIT
shall deposit its share of the project costs ($606,600)into a bank account that
Auburn can draw from to pay for work related to the project. The parties agree
that costs incurred for the project will be paid proportionally by MIT and City as
the costs are incurred, except as otherwise set out in this Agreement. Once funds
are deposited into this account they will be unavailable for MIT until project
completion or if the project is terminated early, upon termination. The account
will earn interest for the MIT.
To the extent that the MIT has provided construction funds that remain
unexpended when the project is completed or upon termination if terminated
early with funds remaining in the MIT’s account, those funds, with accrued
interest, shall be refunded to the MIT. At the completion of the project or
termination of this Agreement the City will provide a final accounting of the
funds expended.
4. INDEMNIFICATION
The City shall indemnify and hold the MIT and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims,
demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of
whatsoever kind or nature, brought against the MIT arising out of, in connection with, or
incident to the execution of this Agreement and/or the City’s performance or failure to
perform any aspect of this Agreement or the construction of the Project; provided,
however, that if such claims are caused by or result from the concurrent negligence of
the MIT, its agents, employees, and/or officers, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the City; and provided further,
that nothing herein shall require the City to hold harmless or defend the MIT, its agents,
employees and/or officers from any claims arising from the sole negligence of the MIT,
its agents, employees, and/or officers. No liability shall attach to the MIT by reason of
entering into this Agreement except as expressly provided herein.
5. COMPLIANCE WITH REGULATIONS AND LAWS
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 4 of 11
RES.C
Exhibit 1
Resolution No. 4735
Page 5 of 5
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
6. ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent fo the other party.
7. WAIVER OF SOVEREIGN IMMUNITY
MIT agrees to a limited waiver of sovereign immunity. The waiver is limited: (1) to actions
brought by the Parties to this Agreement (City and MIT); (2) for breach, termination,
enforcement of contract provisions, interpretation, validity thereof, including the
determination of the scope or applicability of this Agreement; (3) to the extent allowed by
law, for actual damages, that is, each Party waives the right to consequential or punitive
damages; (4) to determine applicable laws; and, (5) to all actions necessary to enforce
judgments entered with respect to the enforcement of this Agreement if not otherwise
prohibited by law. This limited waiver is available solely to claims by City and not by any
other entity, entities, or any individual or third party, not a Party to this Agreement. The
Tribe agrees not to invoke sovereign immunity as a defense up to the limits of the MITs
contributions under this Agreement.
MIT consents to the jurisdiction of the Washington State Superior Court in the event that
either Party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this Agreement; the Parties further agree that any such action or
proceedings shall be brought in the superior court situated in King County, Washington.
8. ATTORNEY’S FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially
prevail in such action, the losing party shall, in addition to all other payments required
therein, pay all of the prevailing party’s reasonable costs in connection with such action,
including such sums as the court or courts may adjudge reasonable as attorney’s fees in
trial court and in appellate courts.
9. NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent
to the following respective addresses:
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 5 of 11
RES.C
Exhibit 1
Resolution No. 4735
Page 6 of 6
To the CITY: City of Auburn
Public Works Director
25 West Main Street
Auburn, WA 98001
253-931-3010
To the MIT: Muckleshoot Indian Tribe
Assistant Tribal Operations Manager
Community Development
39015 172nd Ave. S.E.
Auburn, WA 98092
253-876-3104
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. All notices and payments mailed by regular post (including first class)
shall be deemed to have been given on the second business day following the date of
mailing, if properly mailed and addressed. Notices and payments sent by certified or
registered mail shall be deemed to have been given on the day next following the date of
mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the
United States Postal Service shall be conclusive evidence of the date of mailing.
10. NONDISCRIMINATION
The City for itself, its heirs, personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that it will comply
with pertinent statues, Executive Orders and such rules as are promulgated to assure that
no person shall, on the grounds of race, creed, color, national origin, sexual orientation,
sex, age, or the presence of any sensory, mental or physical handicap be discriminated
against or receive discriminatory treatment by reason thereof.
11. MISCELLANEOUS
11.1. All of the covenants, conditions and agreements in this Agreement shall extend
to and bind the legal successors and assigns of the parties hereto.
11.2. This Agreement shall be deemed to be made and construed in accordance with the
laws of the State of Washington. Jurisdiction and venue for any action arising out
of this Agreement shall be in the county of Washington State in which the property
or project is located, and if not site specific, then in King County, Washington.
11.3. The captions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
11.4. The duration of this Agreement shall be for the period of time it reasonably takes
for the performances by the parties as contemplated herein.
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 6 of 11
RES.C
Exhibit 1
Resolution No. 4735
Page 7 of 7
11.5. No separate legal entity is created hereby. The identity of the parties hereto is as
set forth hereinabove.
11.6. The performances of the duties of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the
parties.
11.7. Unless a joint oversight and administration board is created as provided herein, the
oversight and administration of the Agreement shall be by the respective named
representatives identified in Paragraph 9 hereof, or their designees.
11.8. No provision of this Agreement shall relieve either party of its obligations and or
responsibilities imposed by law.
11.9. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be held to be invalid or unenforceable by a
final decision of any court having jurisdiction on the matter, the remainder of this
Agreement or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable shall not be affected
thereby and shall continue in full force and effect, unless such court determines that
such invalidity or unenforceability materially interferes with or defeats the
purposes hereof, at which time the City shall have the right to terminate the
Agreement.
11.10. This Agreement constitutes the entire agreement between the parties. There are
no terms, obligations, covenants or conditions other than those contained herein.
No modifications or amendments of this Agreement shall be valid or effective
unless evidenced by an agreement in writing signed by both parties.
11.11. Counterparts: This Agreement may be executed in multiple counterparts, each
of which shall be one and the same Agreement and shall become effective when
one or more counterparts have been signed by each of the parties and delivered
to the other party.
11.12. Copies of this Agreement shall be filed with the King County Auditor’s Office;
Provided that as an alternative, the Agreement may be listed by subject on the
City's web site or other electronically retrievable public source.
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 7 of 11
RES.C
Exhibit 1
Resolution No. 4735
Page 8 of 8
IN WITNESS TO THE TERMS OF THIS AGREEMENT, the parties hereto have
executed this Agreement:
MUCKLESHOOT INDIAN TRIBE CITY OF AUBURN
___________________________ ___________________________
Chairperson Peter B. Lewis, Mayor
Muckleshoot Tribal Council
Date: ________________ Date: ________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
____________________________ ____________________________
MIT Attorney Daniel B. Heid, City Attorney
Date: ___________________ Date: ___________________
ATTEST: ATTEST:
____________________________
Danielle Daskam, City Clerk
Date: ___________________
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 8 of 11
RES.C
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 9 of 11RES.C
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 10 of 11RES.C
Resolution No. 4735
July 25, 2011
Exhibit 1
Page 11 of 11RES.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4736
Date:
July 25, 2011
Department:
Public Works
Attachments:
Resolution No. 4736
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Work Committee recommend that City Council adopt Resolution No. 4736.
Background Summary:
The City and the Muckleshoot Indian Tribe (MIT) share a common community interest in providing new
corridor improvements on Auburn Way South between Fir Street SE and Hemlock Street SE. The City in
partnership with MIT was granted a Washington State Transportation Improvement Board (TIB) grant in
the amount of $2,426,400 for the design and construction of improvements to the Auburn Way South
corridor between Fir Street SE and Hemlock Street SE, including a five lane section of roadway with
sidewalks, lighting, transit and storm improvements and a traffic signal at Hemlock Street SE.
This grant has a 20% matching requirement, equal to $606,600, which will be contributed by the MIT.
Resolution No. 4736 authorizes the Mayor to accept a grant from the Washington State Transportation
Improvement Board for improvements to the Auburn Way South corridor, between Fir Street SE and
Hemlock Street SE.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dunsdon
Meeting Date:August 1, 2011 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D
-----------------------------
Resolution No. 4736
July 26, 2011
Page 1
RESOLUTION NO. 4736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT A GRANT FROM THE WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD FOR
IMPROVEMENTS TO THE AUBURN WAY SOUTH
CORRIDOR, BETWEEN FIR STREET SE AND HEMLOCK
STREET SE.
WHEREAS, both the City and the Muckleshoot Indian Tribe (MIT) share a
common community interest in providing new corridor improvements on Auburn Way
South between Fir Street SE and Hemlock Street SE; and
WHEREAS, the need for corridor improvements on Auburn Way South is
recognized in Auburn’s adopted Transportation Improvement Program; and
WHEREAS, the City in partnership with MIT applied for and was granted a state
grant through the Washington State Transportation Improvement Board in the amount
of $2,426,400 to finance the design, property acquisition and construction of
improvements to the Auburn Way South corridor between Fir Street SE and Hemlock
Street SE, including a five lane section of roadway with sidewalks, lighting, transit and
storm improvements and a traffic signal at Hemlock Street SE; and
WHEREAS, the $2,426,400 grant consists of $286,576 for design, $221,600 for
right of way, and $1,918,224 for construction; and
WHEREAS, the $2,426,400 grant requires a local match of $606,600, which will
be contributed by the MIT; and
RES.D
-----------------------------
Resolution No. 4736
July 26, 2011
Page 2
WHEREAS, it is in the best interest of the City to use Transportation
Improvement Board grant monies to finance capital improvements to the transportation
system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to accept the W ashington State
Transportation Improvement Board grant for $2,426,400 for the Auburn Way South
Corridor Improvements, Fir Street SE and Hemlock Street SE, with local matching funds
of $606,600 from the MIT. In addition, the Mayor is hereby authorized to execute any
necessary agreements required by the Washington State Transportation Improvement
Board for the Project, expending up to the total amount of the grant of $2,426,400.
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
RES.D
-----------------------------
Resolution No. 4736
July 26, 2011
Page 3
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
RES.D
RES.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Auburn Gateway Project Briefing
Date:
July 21, 2011
Department:
Planning and Development
Attachments:
Memorandum - Auburn Gateway Project
Auburn Gateway Materials
Budget Impact:
$0
Administrative Recommendation:
See memorandum attached.
Background Summary:
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Wagner Staff:Dixon
Meeting Date:August 1, 2011 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A
Page 1 of 5
Memorandum
To: Councilmember Rich Wagner, Chair, Public Works Committee
Councilmember Bill Peloza, Vice-Chair, Public Works Committee
Councilmember Virginia Haugen, Member, Public Works Committee
From: Jeff Dixon, Principal Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Dennis Selle, P.E., City Engineer
Steven Gross, Assistant City Attorney
Date: July 22, 2011
Re: DISCUSSION AND INFORMATION: Auburn Gateway Project Briefing
Background
For the last several years, the City of Auburn has been negotiating with Robertson Properties
Group (RPG) on future development of approximately 60 acres located east of Auburn Way
North, west of the extension of I ST NE, south of S 277th ST, and North of 45th ST NE
consisting of the Valley 6 Drive-In Theater site and surrounding properties owned by
Robertson Properties Group (RPG) and hereafter referred to as the Auburn Gateway Project
(Exhibit 1). The efforts around these negotiations have included the preparation of
Environmental Impact Statement (EIS) documentation, amendments to the City’s
Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use Commercial
Zone (C-4), preparation of a draft Development Agreement and preparation of a draft
Planned Action Ordinance.
In August 2010, the City Council approved Ordinance No. 6321 that authorized for one year
the continued conditional effectiveness of the Comprehensive Plan and C-4 zoning to the
Auburn Gateway Project. This continued effectiveness expires on August 31, 2011 unless the
City Council authorizes an additional extension. The comprehensive plan and zoning
designations currently applied to the Auburn Gateway Project are conditioned upon the
successful execution of a development agreement between the City and Robertson
Properties Group. These designations do not become permanent until the City Council has
approved the development agreement.
Planning and Development, Public Works and Legal Department staff has been actively
working with Robertson Properties Group to complete required studies, negotiations and
documentation in order to provide the City Council with substantive policy making
opportunities that would facilitate the phased development of the Auburn Gateway Project.
DI.A
Page 2 of 5
There has been significant progress on the part of the City and RPG since the Council’s last
extension authorization and staff will be seeking Council authorization for a limited extension
(maximum of six months) of the conditional comprehensive plan and zoning designations for
the Auburn Gateway Project. This limited extension will provide the City Council, staff and
RPG adequate opportunity complete negotiations, documentation and substantive policy
making.
Environmental Impact Statement (EIS) Preparation
In 2004 the City issued a Draft Environmental Impact Statement (DEIS) and a Final
Environmental Impact (FEIS) for the development of the Auburn Gateway Project. Four
development options for the Auburn Gateway Project were studied consisting of:
(1) Option I (Retail and Office):
Retail----200,000. sq. ft.
Office----1,600,000. sq. ft
(2) Option II (Retail):
Retail-----720,000 sq. ft.
(3) Option III (Retail & Multi-Family Residential):
Retail-----360,000 sq. ft.
Multi-Family---500 units
(4) No–Action (existing zoning action) Option:
Retail-----73,200 sq. ft.
Single family 132 units
Multi-family –130 units
The preferred action is to allow a range of uses described in Options I, II and III, above.
EIS Addendum
Subsequent to the original EIS work, RPG and the City have been working on an addendum
to the 2004 EIS documents. The City as the lead environmental review agency determined
that this addendum was necessary for the following reasons:
• Impacts of the acquisition and development of an additional 11 acres by RPG
subsequent to the original EIS;
• RPG’s determination to conduct phased project development in two phases that could
be developed independently or jointly; and,
• Changes in city regulations and development standards such as:
o The city’s adoption of new floodplain regulations may affect the proposal.
Unless future project is otherwise exempt under the provision of ACC
15.68.130, the project is located in a Special Flood Hazard Area (SFHA) and
Riparian Habitat Zone (RHZ) and would be required to obtain a City of
Auburn Floodplain Development Permit, including the submittal of a habitat
impact assessment report;
o City adoption of a critical areas ordinance;
o Changes in Comprehensive Plan transportation policies; and
• Changes in external circumstances over the intervening period of time including the
completion of the Port of Seattle’s adjacent wetland mitigation property construction,
the completion of the Trail Run Plat and the completion of Monterey Park Plat and
associated I Street NE extension).
DI.A
Page 3 of 5
This addendum is almost complete pending staff’s final review of updated traffic analysis
submitted in the last week. Once the staff’s review is complete, the findings of the traffic
analysis will be incorporated into the EIS addendum and staff will publish the addendum in
accordance with adopted SEPA procedures.
Development Agreement (DA) Preparation
As previously noted a development agreement approved by the City Council is needed in
order to permanently apply the comprehensive plan and zoning designations to the Auburn
Gateway Project. Staff from the Planning and Development, Public Works and Legal
Departments has been working with RPG to negotiate the elements of the development
agreement. A key element of the development agreement will be the incorporation of
architectural and site design standards for the Auburn Gateway Project to help realize a
higher aesthetic quality of development. A draft of the development agreement has been
prepared and will be presented to the Planning and Community Development Committee and
other Council Committees for review and discussion in the near future (See draft schedule
below)
A summary of the purpose and contents of the development agreement is attached (Exhibit
2).
Planned Action Ordinance (PAO) Preparation
With the imminent completion of the EIS addendum, staff will propose that the mitigation
measures identified in the EIS that are intended to reduce or avoid probable and significant
adverse impacts be applied to the project by the City Council’s adoption of a Planned Action
Ordinance that would create a new chapter in the City’s Zoning Code.
A summary of the purpose and contents of the Planned Action ordinance is attached (Exhibit
3).
Northeast Auburn Special Plan Area Update
Chapter 14 of the City’s Comprehensive Plan identifies the Northeast Auburn Special Plan
Area that covers properties east of Auburn Way North, west of the extension of I ST NE,
south of 277th ST and north of approximately 45th ST NE (Exhibit 4). This Plan will be updated
prior to the end of this year as part of the City’s 2011 Annual Comprehensive Plan docket to
reflect the current development plans and environmental documentation for the Auburn
Gateway Project.
DI.A
Page 4 of 5
Draft Policy Review and Action Schedule
With the substantial completion of the drafts of the Development Agreement and Planned
Action Ordinance and near future issuance of the EIS addendum, a significant amount of
work product needed for substantive policy making by the City Council has been or will be
completed. To help the Committee and City Council understand the remaining work needed
to be done staff has prepared a draft schedule through the remainder of the year.
DI.A
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DI.A
DI.A
Exhibit 2: Summary of a Development Agreement
7-19-11
Page 1 of 1
Exhibit 2: Summary of a Development Agreement
Development Agreements:
A development agreement is a contract between a local jurisdiction and a property
owner within the jurisdiction. The purpose of the agreement is to specify the standards
and conditions that will govern development of the property. The development
agreement provides assurance to the developer that he/she may proceed to develop
the project subject to the rules and regulations in effect at the time of approval - the
development will not be subject to subsequent changes in regulations. Development
agreements should also benefit the local jurisdiction. The jurisdiction may include
conditions (mitigation measures) that must be met to assure that a project at a specific
location does not have unacceptable impacts on neighboring properties or community
infrastructure. The agreement may clarify how the project will be phased, the required
timing of public improvements, the developer's contribution toward funding system-wide
community improvements, and other conditions. The agreement can also facilitate
enforcement of requirements, since it is a contract that details the obligations of the
developer and the local jurisdiction.
Development Agreements as Applied in Auburn:
The Local Project Review Act (Ch. 36.70B, RCW), enacted by the Washington State
Legislature in 1995, provides specific authority and direction for development
agreements. These agreements are voluntary, but once made, they are binding on the
parties and their successors. Development standards include permitted uses, densities,
impact fees, and mitigation measures. Local jurisdictions must hold a public hearing
prior to approving a development agreement and may only impose impact fees,
dedications, mitigation measures, and standards as authorized by other laws.
Former Auburn City Code Chapter 14.21 previously set out the City’s requirements for
development agreements. Chapter 14.21 was repealed by the Auburn City Council with
the passage of Ordinance No. 6187 in October 2008). Under Washington State’s
vesting statue and upheld by the courts in multiple different cases, development
projects may be “vested” under the provisions of adopted municipal code repealed
through legislative ordinance action if it can be determined that a legally valid
development application or action was submitted by a party prior to the repeal or
change in the adopted municipal code. Robertson Properties Group (RPG) applied for a
development agreement before the effectiveness of Ordinance No. 6187. The City with
input and direction from the City Attorney’s Office has previously made the
determination that the RPG project is vested under the provisions of Chapter 14.21 and
may seek City Council approval of a development agreement under the procedures
specified in Chapter 14.21 provided it can demonstrate compliance to all applicable
standards and procedures of this Chapter.
DI.A
Exhibit 2: Summary of a Development Agreement
7-19-11
Page 2 of 2
Key Elements of Chapter 14.21:
Auburn City Code 14.21.010.A generally provides that a development agreement
should allow greater flexibility in the existing standards of the existing zoning district. In
exchange for this enhanced flexibility, the City will require a development to be of
significantly higher quality, generate more public benefit, and be a more sensitive
proposal than would have been the case with the use of standard zoning or subdivision
procedures.
Auburn City Code 14.21.010.B (Nonresidential or Mixed Use Projects) specifies that the
city may consider a development agreement for a nonresidential or mixed use project in
areas designated for office, commercial, industrial or institutional use in the
comprehensive plan, or in a designated special plan area. In its evaluation of a
proposal, the City shall consider whether a proposal will:
1. Provide development that is consistent with the goals and policies of the
comprehensive plan;
2. Provide efficient and effective use of land, open space and public facilities that
result in a higher quality of development than is required by the standards of the
applicable zone;
3. Provide building and site design that complement surrounding land uses and
their environment; and,
4. Provide for superior protection of critical areas.
DI.A
Exhibit 3: Summary of Planned Action Ordinance
7.19.11
Page 1 of 1
Exhibit 3: Summary of a Planned Action Ordinance
Introduction to Planned Actions under SEPA:
In 1995, the legislature authorized a new category of project actions under the State
Environmental Policy Act (SEPA) called a "planned action” for cities planning under the
Growth Management Act (GMA). The purpose of designating specific types of projects
as planned action projects shifts environmental review of a project from the time a
permit application is made to an earlier phase in the planning process. The intent is to
provide a more streamlined environmental review process at the later project stage by
conducting more detailed environmental analysis at the earlier planning stage.
To be eligible first, an Environmental Impact Statement (EIS) must be prepared which
addresses the likely significant adverse environmental impacts of the planned action.
After completing the EIS, the city designates by ordinance those types of projects to be
considered planned actions, including mitigation measures that will be applied. The
types of project action must be limited to certain types of development or to a specific
geographic area that is less extensive than a city's jurisdictional boundaries.
A PAO is most useful when the project occurs over a limited, defined geographic area;
the project area is relatively homogeneous and impacts can be forecasted; and it is
expected that the project will be implemented in multiple phases over a number of
years.
The basic steps in designating planned action projects are to:
x Prepare an EIS;
x Designate the planned action projects by ordinance; and,
x Review permit applications for projects proposed as consistent with the
designated planned action. Specifically, an environmental checklist application
(SEPA application) must be provided and the city must verify:
o The project meets the description of any project(s) designated as a
planned action by ordinance or resolution;
o The probable significant adverse environmental impacts were adequately
addressed in the EIS; and
o The project includes any conditions or mitigation measures outlined in the
ordinance.
If the project does not meet the requirements of the planned action ordinance, or if the
EIS did not adequately address all probable significant adverse environmental impacts,
the project is not a planned action project. In this instance, the City must then make a
threshold determination on the project. The project would go through normal
environmental review as part of project review. The City may still rely on the
environmental information contained in the EIS and supporting documents in analyzing
the project’s environmental impacts and making the threshold determination. If an EIS
DI.A
Exhibit 3: Summary of Planned Action Ordinance
7.19.11
Page 2 of 2
or SEIS is found to be necessary for the project, it only needs to address those
environmental impacts not adequately addressed in the previous EIS.
Key Benefits of a Planned Action Ordinance (PAO):
Key benefits of a PAO can include:
x Provides a developer certainty over the potential impacts and corresponding
mitigation measures;
x Requires early on examination of the impacts of subsequent or implementing
projects prior to project permitting through EIS preparation;
x Avoid multiple and separate threshold determinations (decisions) by the City
under SEPA. While normal project review process requires a threshold
determination, a project qualifying as a planned action project does not require a
new threshold determination. If the City reviews the project, verifies that it is
consistent with the planned action project(s) previously designated, and
determines that the impacts are adequately addressed in the EIS on which the
planned action relies, project permit review continues without a threshold
determination.
x Designating planned action projects reduces permit-processing time. There are
no SEPA public notice requirements or procedural administrative appeals at the
project level because a threshold determination or new EIS is not required. The
only notice requirements are those required for the underlying permit.
Contents of the Planned Action Ordinance (PAO):
A planned action ordinance should be as specific as possible, should indicate where in
the EIS or associated planning document the projects’ environmental impacts have
been addressed, and should include or reference mitigation measures which will be
required for a project to qualify as a planned action project. For example, the ordinance
should indicate what mitigation has been identified in the EIS or what level of service
has been accepted in the subarea plan for traffic impacts.
If desired, the city may set a time limit in the ordinance during which the planned action
designation is valid. If a GMA city does set a time limit on the designation, it should
consider how this affects any permits for which there is an expiration date.
Effects of a Planned Action Ordinance (PAO):
If approved by the City Council, a PAO for the Auburn Gateway Project will:
x Adopt the provisions of the Washington Administrative Code related to PAOs;
x Add a new chapter to the zoning portion of the Auburn City Code; and,
x Adopt and incorporate the Northeast Special Area Plan and its related
environmental impact statements. This “locks in” the mitigation measures
required for the project while allowing for changed circumstances.
DI.A
LAKELAND
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Information shown is for general reference purposes
only and does not necessarily represent exact
geographic or cartographic data as mapped. The
City of Auburn makes no warranty as to its accuracy.
¬
Map ID: 1269Printed On: 08/16/10
MAP 14.1
Comprehensive Land Use
Adopted Special Plan Areas
Proposed Special Plan Areas
Land Use Designation
Residential Conservency
Single-Family Residential
Moderate Density Residential
High Density Residential
Office Residential
Neighborhood Commercial
Light Commercial
Heavy Commercial
Downtown
Light Industrial
Heavy Industrial
Public and Quasi-Public
Open Space
Auburn City Limits
Potential Annexation Areas
1 INCH = 3,400 FEET
Exhibit 4
DI.A
AuburnGatewayProjectFlowChart
1995comprehensiveplanidentifiesNEAuburnSpecialPlanningArea
2002attherequestofRobertsonPropertiesGroup(RPG)Citybeginsspecial
2003attherequestofRobertsonPropertiesGroup(RPG)Citybegins
preparationofPlannedActionEIS(EnvironmentalImpactStatement)
DeterminationofSignificance/Scoping
2004PreparationofDEIS
2004PreparationofFEIS
2004AppealofEISfiledandAdequacyUpheldbyHearing
2004PlanningCommissionPublicHearing&Recommendations
2008CouncilApprovalofZoningAmendments(map&text),
CompPlanAmendment(map&text),andSpecialAreaPlan
2008BeganStaffNegotiationofDevelopmentAgreement
2007
AuburnGatewayProjectFlowChart
July21,2011
Page2
2008
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Project Status Report
Date:
July 22, 2011
Department:
Public Works
Attachments:
Capital Project Status Report
Budget Impact:
$0
Administrative Recommendation:
For discussion and information.
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Selle
Meeting Date:August 1, 2011 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D
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t
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A
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s
.
1
5
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3
3
7
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5
4
2
5,
3
3
7
,
5
4
2
3
,
2
4
0
,
5
0
0
9
0
%
N
o
v
-
1
1
D
e
c
-
1
2
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o
n
d
r
a
k
Co
n
s
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l
t
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r
k
i
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d
e
r
w
a
y
.
Pa
g
e
2
o
f
6
DI.D
Da
t
e
:
J
u
l
y
2
6
,
2
0
1
1
Pr
io
r
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t
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To
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l
Gr
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u
p
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t
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t
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t
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-
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)
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0
2
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1
0
5
)
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3
0
)
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3
1
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3
2
)
Fu
n
d
s
Bu
d
g
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t
Co
s
t
%
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t
e
%
Da
t
e
Ma
n
a
g
e
r
St
a
t
u
s
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T
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L
P
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T
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t
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u
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t
(
$
)
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s
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n
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n
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r
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c
t
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o
n
22
CP
0
9
1
5
We
l
l
1
I
m
p
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o
v
e
m
e
n
t
s
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i
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t
w
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a
b
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l
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t
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t
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r
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l
a
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e
l
l
1
s
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th
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t
i
t
c
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n
f
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t
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a
p
a
c
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t
y
.
1
2
,
4
7
0
,
0
0
0
2,
4
7
0
,
0
0
0
3
,
1
0
0
,
0
0
0
4
5
%
J
a
n
-
1
2
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e
c
-
1
2
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e
e
Pr
e
l
i
m
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y
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p
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S
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ne
e
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m
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v
e
m
e
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t
s
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d
e
r
w
a
y
.
23
CP
1
1
0
3
13
2
n
d
A
v
e
S
E
T
a
c
o
m
a
P
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p
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l
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n
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5
I
n
t
e
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t
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e
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Th
i
s
p
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t
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c
l
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s
t
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f
r
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t
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n
1
3
2
n
d
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v
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E
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n
d
t
h
e
T
a
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m
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Pi
p
e
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i
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e
5
f
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t
h
e
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a
s
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t
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f
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e
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t
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r
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e
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o
r
s
.
1
4
9
0
,
0
0
0
49
0
,
0
0
0
9
6
7
,
5
0
0
4
0
%
F
e
b
-
1
2
D
e
c
-
1
2
D
u
n
s
d
o
n
D
e
s
i
g
n
w
o
r
k
u
n
d
e
r
w
a
y
.
24
CP
X
X
X
X
20
1
1
A
r
t
e
r
i
a
l
a
n
d
C
o
l
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e
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r
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r
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c
k
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l
Pr
o
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e
c
t
:
Th
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s
p
r
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j
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t
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l
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o
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p
l
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e
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r
a
c
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s
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l
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n
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l
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t
o
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r
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g
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t
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e
Ci
t
y
.
1
1
4
0
,
0
0
0
14
0
,
0
0
0
1
4
0
,
0
0
0
5
%
A
u
g
-
1
1
O
c
t
-
1
1
W
i
c
k
s
t
r
o
m
Co
n
t
r
a
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t
d
o
c
u
m
e
n
t
s
a
r
e
be
i
n
g
d
e
v
e
l
o
p
e
d
.
25
CP
1
1
1
2
20
1
1
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
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t
P
r
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e
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t
:
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i
s
p
r
o
j
e
c
t
w
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l
l
c
o
m
p
l
e
t
e
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e
p
a
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r
s
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n
d
r
e
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l
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m
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t
of
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x
i
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a
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t
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t
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n
s
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t
h
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n
th
e
C
i
t
y
.
1
1
8
0
,
0
0
0
18
0
,
0
0
0
1
8
0
,
0
0
0
5
%
O
c
t
-
1
1
D
e
c
-
1
1
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i
c
k
s
t
r
o
m
D
e
s
i
g
n
w
o
r
k
u
n
d
e
r
w
a
y
.
26
CP
X
X
X
X
Le
a
H
i
l
l
S
a
f
e
R
o
u
t
e
s
t
o
S
c
h
o
o
l
s
Im
p
r
o
v
e
m
e
n
t
s
:
Th
i
s
p
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j
e
c
t
w
i
l
l
c
o
m
p
l
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t
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m
p
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v
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m
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sa
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l
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e
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Hi
l
l
e
l
e
m
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a
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d
R
a
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n
e
r
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i
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c
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l
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g
11
6
t
h
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v
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E
a
n
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E
3
1
2
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t
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,
1
3
9
8
,
5
0
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(F
e
d
e
r
a
l
)
21
,
5
9
7
(A
S
D
)
42
0
,
0
9
7
4
2
0
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0
9
7
0
%
A
p
r
-
1
2
A
u
g
-
1
2
D
u
n
s
d
o
n
Gr
a
n
t
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b
l
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g
a
t
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o
n
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s
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n
pr
o
c
e
s
s
.
27
CP
0
7
6
5
La
k
e
l
a
n
d
H
i
l
l
s
R
e
s
e
r
v
o
i
r
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m
p
r
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v
e
m
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t
:
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i
s
p
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j
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c
t
w
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l
l
p
r
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v
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d
e
v
a
r
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s
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m
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m
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t
s
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t
th
e
r
e
s
e
r
v
o
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r
,
i
n
c
l
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d
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n
g
p
a
i
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t
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n
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s
e
i
s
m
i
c
up
g
r
a
d
e
s
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a
n
d
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a
c
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l
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t
y
m
o
d
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f
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c
a
t
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o
n
s
.
2
4
0
0
,
0
0
0
40
0
,
0
0
0
4
0
0
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0
0
0
1
0
0
%
A
p
r
-
1
2
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c
t
-
1
2
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o
n
d
r
a
k
Bi
d
d
o
c
u
m
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n
t
s
c
o
m
p
l
e
t
e
.
Pr
o
j
e
c
t
i
s
d
e
p
e
n
d
e
n
t
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p
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n
co
m
p
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t
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n
o
f
R
e
s
e
r
v
i
o
r
6
im
p
r
o
v
e
m
e
n
t
.
28
CP
1
1
0
8
20
1
1
C
i
t
y
w
i
d
e
S
t
o
r
m
P
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n
d
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e
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n
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g
:
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p
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c
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t
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se
d
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m
e
n
t
f
r
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m
8
s
t
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c
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t
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h
e
C
i
t
y
.
2
41
7
,
6
0
0
4
1
7
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6
0
0
4
1
7
,
6
0
0
9
0
%
M
a
r
-
1
2
S
e
p
-
1
2
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e
e
Co
n
t
r
a
c
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o
c
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r
e
be
i
n
g
f
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n
a
l
i
z
e
d
.
29
CP
1
0
2
4
AW
S
a
n
d
M
S
t
r
e
e
t
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n
t
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r
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t
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p
r
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t
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t
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d
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f
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co
n
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s
.
2
7
5
,
0
0
0
75
,
0
0
0
9
7
5
,
0
0
0
1
0
%
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u
n
-
1
2
J
u
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1
3
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e
e
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t
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f
f
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t
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SE
(
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o
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p
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17
t
h
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f
t
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m
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7
t
h
to
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u
b
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c
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pr
o
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p
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t
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a
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s
t
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t
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r
t
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c
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u
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t
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30
CP
0
9
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6
20
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a
t
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3
1
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e
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10
0
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%
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