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HomeMy WebLinkAbout06-18-2012 Council Meeting Agenda City Council Meeting June 18, 2012 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1. Senator Pam Roach D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings 1. Public Hearing on the Amendment to the 2012-2017 Six Year Transportation Improvement Program (Backus/Snyder) State law requires the City of Auburn to annually prepare and adopt a Transportation Improvement Program (TIP) for each ensuing six calendar years. State law also provides that the TIP may be amended at any time, but only after conducting a public hearing . The City proposes to add a new project to the TIP to improve safety at several intersections throughout the city. This project is being added because of a grant awarded from the Washington State Department of Transportation (WSDOT) 2. Public Hearing on Physical Address Changes in the City of Auburn (Backus/Snyder) City Council to conduct a Public Hearing for physical address changes specified in Resolution No. 4823. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. June 11, 2012 Minutes* (Peloza) Page 1 of 151 B.Planning & Community Development 1. June 11, 2012 Minutes* (Backus) C.Public Works 1. June 4, 2012 Minutes* (Wagner) D.Finance 1. June 4, 2012 Minutes* (Partridge) E.Les Gove Community Campus 1. May 22, 2012 Minutes* (Wagner) F.Council Operations Committee 1. June 4, 2012 Minutes* (Backus) IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the June 4, 2012 regular meeting* B. Claims Vouchers (Partridge/Coleman) Claims check numbers 414181 through 414554 in the amount of $6,012,443.56 and dated June 18, 2012 C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 532964 through 533007 in the amount of $855,151.71 electronic deposit transmissions in the amount of $1,233,389.79 for a grand total of $2,088,541.50 for the period covering 05/31/12 to 06/13/12. V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6410* (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378, Ordinance No. 6379, and Ordinance No. 6400, authorizing amendment to the City of Auburn 2011-2012 Budget as set forth in Schedule "A" and Schedule "B" (ACTION REQUESTED: City Council adopt Ordinance 6410.) VIII.RESOLUTIONS Page 2 of 151 A. Resolution No. 4794* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement with King County for the purpose of providing road services (ACTION REQUESTED: City Council adopt Resolution 4794.) B. Resolution No. 4797* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amendment to the Public Way Agreement No. 08-03 between the City of Auburn and MCI Communications Services, Inc. (ACTION REQUESTED: City Council adopt Resolution 4797.) C. Resolution No. 4819* (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, amending the 2012-2017 Six-Year Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 (ACTION REQUESTED: City Council adopt Resolution 4819.) D. Resolution No. 4823* (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, to provide an address change for 40 residences, 3 commercial buildings, 9 industrial buildings, 10 duplexes, and 8 fourplexes (ACTION REQUESTED: City Council adopt Resolution 4823.) E. Resolution No. 4825* (Partridge/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal (ACTION REQUESTED: City Council adopt Resolution 4825.) F. Resolution No. 4827* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to amend the memorandum of agreement with Pierce County for the purpose of providing road services (ACTION REQUESTED: City Council adopt Resolution 4827.) IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor X.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review Page 3 of 151 at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 4 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing on the Amendment to the 2012-2017 Six Year Transportation Improvement Program Date: June 12, 2012 Department: Public Works Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council to conduct a public hearing to receive public comments and suggestions with regard to Resolution No. 4819 amending the 2012-2017 Transportation Improvement Program (TIP) Background Summary: The City of Auburn was recently awarded a grant from the Washington State Department of Transportation for $400,000 with no match required to improve safety at various intersections throughout the City. The program distributes funds from SAFETEA-LU's Federal Highway Safety Improvement Program (HSIP). As part of the award, Auburn is required to add the project to the 2012-2017 Transportation Improvement Program (TIP) and the Washington State Transportation Improvement Program (STIP) in order to be eligible to obligate the awarded federal funds. Pursuant to RCW 35.77.010 the City of Auburn is required to annually prepare and adopt a comprehensive Transportation Improvement Program (TIP) for each ensuing six calendar years. The TIP is the detailed programming document for transportation improvements over a six year period. The City Council is required to conduct a public hearing to review the work accomplished under the six-year Transportation Improvement Program, and to adopt a revised and extended plan. The date of the public hearing was set by Resolution No. 4818 on May 29, 2012. Attachments can be reviewed under the resolution section, Resolution No. 4819. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Backus Staff:Snyder AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 5 of 151 Meeting Date:June 18, 2012 Item Number:PH.1 AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 6 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing on Physical Address Changes in the City of Auburn Date: June 12, 2012 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council to conduct public hearing for the physical address changes specified in Resolution No. 4823. Background Summary: Pursuant to Section 15.52.055 (Changing a building number - Procedures) of the Auburn City Code, a public hearing before the Auburn City Council is required for changes in addresses for physical properties within the City of Auburn. A public hearing has been scheduled for June 18, 2012 concurrent with the City Council's consideration of Resolution No. 4823. Pursuant to Section 15.52.055, staff mailed written notice of the public hearing to all potentially affected property owners, utility providers, the U.S. Postal Service, and any other appropriate outside service agencies as determined by the Building Official on June 6, 2012. The City Clerk published legal notice of the public hearing in the June 7, 2012 edition of the Seattle Times. Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal Councilmember:Backus Staff:Snyder Meeting Date:June 18, 2012 Item Number:PH.2 AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 7 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: June 11, 2012 Minutes Date: June 13, 2012 Department: Police Attachments: Draft Minutes of the June 11, 2012 Meeting Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:June 18, 2012 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 8 of 151 Municipal Services Committee June 11, 2012 - 3:30 PM Briefing Room, Auburn Police Department, Justice Center MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in the Briefing Room at the Auburn Police Department, Justice Center, 340 E. Main, Suite 201, Auburn, WA. A. Roll Call Members present: Chair Peloza, Vice Chair Osborne, Member Wales. Staff present: Councilmember John Partridge, Chief of Police Bob Lee, Assistant Chief of Police Bob Karnofski, Information Services Director Lorrie Rempher, Public Works Director Dennis Dowdy, Police Commander Steve Stocker, Police Sergeant James Nordenger, Crime Analyst Joe Ryan, Project Engineer Leah Dunsdon and Acting Police Secretary/Scribe Terry Mendoza. Others present: Citizens Scot Pondelick, Michael Matthews, Theron M., Austin Mills and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. May 29, 2012 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Wales seconded the motion. MOTION PASSED: 3-0 B. Public Works Project No. CP1210 (Burke/Dunsdon) Project No. CP1210 is the Auburn Valley Humane Society Site Work Improvements Project. The purpose of this project is to modify the existing parking lot and construct utility and site access improvements for the City's tenant of 4910 A St SE, Auburn Valley Humane Society (AVHS), per the lease agreement. Construction is anticipated to occur between September and November of 2012. Vice Chair Osborne moved to forward Public Works Project No. CP1210 to full Council for consideration. Member Wales seconded. Page 1 of 2 MS.1 Page 9 of 151 MOTION PASSED: 3-0 III. DISCUSSION ITEMS A. Police Technology (Stocker) An overview of the Auburn Police Department's current technology was presented by Chief Lee, Director Rempher, Commander Stocker, Sergeant Nordenger and Crime Analyst Ryan. The technology reviewed included software, hardware (in the station, patrol vehicles and sub-stations) and programs currently being tested on a trial basis. B. Matrix The following change was made to the Matrix: Item 32P: Review date was moved forward to June 25, 2012. IV. ADJOURNMENT The meeting adjourned at 4:35 p.m. The next meeting of the Municipal Services Committee is Monday, June 25, 2012 at 3:30 p.m. in Conference Room 3, City Hall, 25 W. Main St, Auburn, WA. Signed this ____________ day of June, 2012. _________________________ _________________________ Bill Peloza, Chair Terry Mendoza Acting Police Secretary/Scribe Page 2 of 2 MS.1 Page 10 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: June 11, 2012 Minutes Date: June 12, 2012 Department: Planning and Development Attachments: PCDC Draft Minutes 6.11.12 Budget Impact: $0 Administrative Recommendation: See attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:June 18, 2012 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 11 of 151 Planning and Community Development June 11, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:03 p.m. in Annex Conference Room 2 located on the second floor of the One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair John Partridge, and Member John Holman were present. Also present were Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Parks, Arts and Recreation Director Daryl Faber, Financial Planning Manager Martin Chaw, Economic Development Manager Doug Lein, Principal Planner Jeff Dixon, Engineering Aide Amber Mund, and Planning Secretary Tina Kriss. Note: Councilmember Holman arrived at 5:20 p.m. Members of the public present were: Scot Pondelick. B. Announcements 1. Presentation (Faber) Parks, Arts, and Recreation Director Daryl Faber provided an update to the 2012 plans and activities of the Parks and Recreation Board. The new 9,850 square foot Gymnasium has opened at Les Gove Park. The gym is able to provide many additional programs, leagues, classes, birthday party packages and rentals. Participation has increased in adult sports and athletics and the City's specialized recreation program is is among the largest in the State. The teen and senior center programs continue to grow. Special event revenue increased from $69,112 in 2010 to $77,862 in 2011. Clean Sweep, Petpalooza and KidsDay continue to expand. Auburn was selected as one of the five best places to play by national publication, USA Weekend Magazine. For the third year in a row, KaBoom named a Auburn Playful City USA and provided the City with a $20,000 grant for new playground equipment at Game Farm Park. The City's parks continue to be improved and renovated. The board continues to review and authorize recommended changes to the Parks and Recreation Policies Manual and assist in development of site Page 1 of 4 PCD.1 Page 12 of 151 planning for new park facilities. C. Agenda Modifications There were two agenda modifications: 1. Item B. Resolution No. 4819 (Hankins) was added under III. ACTION, and; 2. Pages 52 to 78 of IV. DISCUSSION item A. Ordinance No. 6410 were replaced with the transmittal of additional information from the Finance Department provided with the packet. II. CONSENT AGENDA A. Minutes - May 29, 2012 (Snyder) Vice-Chair Partridge moved and Chair Backus seconded to approve the May 29, 2012 minutes as presented. Motion Carried Unanimously. 2-0 III. ACTION A. Ordinance No. 6415 - Proposed Amendment to the Interlocal Agreement between the City and Port of Seattle (Dixon) Principal Planner Jeff Dixion briefed Committee on the proposed Amendment to the previous 1998 Interlocal Agreement between the City and Port of Seattle. Vice-Chair Partridge moved and Chair Backus seconded to approve to recommend that the City Council adopt Ordinance No. 6415. IV. DISCUSSION ITEMS A. Ordinance No. 6410 (Coleman) Financial Planning Manager Martin Chaw provided a brief review of Budget Amendment No. 8., Ordinance No. 6410 amending the 2012 Adopted Budget (of the 2011-2012 biennium). Committee and Planning Manager Chaw discussed the various changes included in the budget. B. Resolution No. 4797 (Mund) Engineering Aide Amber Mund provided information on Resolution No. 4797, amending the current, Public Way Agreement 08-03 between the City of Auburn and MCI Communications Services, Inc. (MCI). Committee asked if MCI was supportive of the agreement, and Ms. Mund stated MCI has reviewed the Page 2 of 4 PCD.1 Page 13 of 151 documents generated by the City and is in concurrence with all of the documents and agreements. C. Proposed Zoning Code Amendment to ACC Section 18.31.200 related to Architectural and Site Design Review Standards and Regulations (Dixon) Principal Planner Jeff Dixon reviewed the amendments to Auburn City Code Chapter Section 18.31.200. The purpose of the zoning code amendment is to provide a consistent process and rules that apply for the administration of the City's existing architectural and site design review standards. Principal Planner Dixon emphasized these amendments will provide consistency and ease of use for the public as well as in the administrative process for evaluating the design and arrangement of buildings and site development to ensure quality design of the built environment. Ordinance No. 6408 will go before Public Works Committee at its next meeting for discussion and then be brought back before Planning and Community Development Committee for potential Committee action. D. Director's Report (Snyder) Director Snyder provided Committee an update on single family residence (SFR) building permits. The number of issued permits to date are 138; the total number of SFR building permits applied for is 205 to date (approximately 60 in review). Last year the City issued a total of 217 new SFR permits. Director Snyder and other Department staff met with the architectural team of "The Outlet Collect" for the first project meeting for the redevelopment of the Supermall. Member Holman stated he attended the grand opening of the Coastal Farm and Ranch and met owner Buzz Wheeler who complimented Director Snyder and planning staff for a smooth and expeditious develpment process. Director Snyder thanked Mayor Lewis and Council for their support and direction. E. PCDC Status Matrix (Snyder) Committee and staff reviewed updates in the matrix. V. ADJOURNMENT There being no further business to come before Committee, the meeting was adjourned at 6:03 P.M. DATED this __________ day of __________________, 2012. _________________________________ _______________________________ Page 3 of 4 PCD.1 Page 14 of 151 Nancy Backus - Chair Tina Kriss - Planning Secretary Page 4 of 4 PCD.1 Page 15 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: June 4, 2012 Minutes Date: June 13, 2012 Department: Public Works Attachments: June 4, 2012 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:June 18, 2012 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 16 of 151 Public Works Committee June 4, 2012 - 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, 98002. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Finance Director Shelley Coleman, Assistant City Attorney Steven Gross, Traffic Engineer Pablo Para, Transportation Planner/Grants Manager Chris Hankins, Water Utility Engineer Cynthia Lamothe, Project Engineer Seth Wickstrom, Project Engineer Robert Lee, citizen Scot Pondelick, and Public Works Secretary Jennifer Rigsby. B. Announcements There were no announcements. C. Agenda Modifications There were two agenda modifications, Resolution Item B, Resolution No. 4826 and Discussion Item F, Ordinance No. 6410. Director Dowdy asked that Discussion Item F be discussed by the Committee prior to Discussion Item A. II. CONSENT AGENDA A. Approval of Minutes Councilmember Peloza moved and Councilmember Osborne seconded to approve the minutes of the May 21, 2012 Public Works Committee Meeting, as amended. Vice-Chair Peloza asked that the Announcements section of the minutes be amended to include the statement, “Vice-Chair Peloza stated that the S. Division Promenade Project would be a perfect Page 1 of 9 PW.1 Page 17 of 151 N.L.C. ‘show case’ project for the Congress of Cities, being held in Boston at the end of November.” Motion Carried Unanimously. 0-0. B. Public Works Project No. CP1201 (Wickstrom) Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council grant permission to advertise for bids for Project No. CP1201 2012 Local Street Pavement Reconstruction Project. Street Systems Engineer Wickstrom was present. There were no questions from the Committee. Motion Carried Unanimously. 3-0. C. Public Works Project No. CP1206 (Wickstrom) Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council grant permission to advertise for bids for Project No. CP1206 2012 Pavement Patching, Chipseal and Overlay Project. Chairman Wagner asked that the streets on the vicinity map be made more visible and asked Street Systems Engineer Wickstrom to distribute the new maps to the Committee members. There were no questions from the Committee. Motion Carried Unanimously. 3-0. D. Public Works Project No. CP0921 (Lee) Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council award Contract No. 10-02 to Rodarte Construction Inc., on their low bid of $495,967.00 plus Washington State sales tax of $47,116.87, for a total contract price of $543,083.87 for Project No. CP0921, Bi-Annual Sanitary Sewer Repair and Replacement. Project Engineer Lee was present. There were no questions from the Committee. Motion Carried Unanimously. 3-0. III. RESOLUTIONS A. Resolution No. 4822 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Page 2 of 9 PW.1 Page 18 of 151 Authorizing the Mayor or Designee to Execute a Wholesale Water Agreement Between the City of Auburn and the City of Tacoma Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council adopt Resolution No. 4822, as amended. Vice-Chair Peloza suggested that the Committee review Resolution No. 4822 page by page. Chairman Wagner agreed. Director Dowdy answered questions asked by Chairman Wagner regarding the interest rate for the System Development Charge, referencing item 4 on page 3 of 9 of Exhibit A. Mayor Lewis and Director Dowdy answered questions asked by Vice- Chair Peloza regarding the wording of item 3, page 3 of 9 of Exhibit A. Chairman Wagner asked if the contract is take or pay.” Director Dowdy stated that the agreement is not “take or pay.” Finance Director Coleman stated that City of Tacoma code does not allow “take of pay” water purchases. Chairman Wagner asked that language be added to clarify that the City of Auburn will take as much of the 1,000,000 gallons per day as needed, referencing item 6 on page 3 of 9 of Exhibit A. Assistant City Attorney Gross noted item 2 on page 2 of 9 of Exhibit A states, “Invoices will include monthly ready to serve charge based on meter sized and consumption charges based on water used.” The Committee and staff discussed the wording of items 2 and 6. Assistant Director/City Engineer Selle suggested item 6 be amended to read, “Tacoma will supply wholesale water service to Auburn at Auburn’s option….” Assistant City Attorney Gross was tasked with making the noted amendment. Mayor Lewis stated that the City of Auburn is receiving wholesale water from Tacoma Water, in response a question asked by Vice- Chair Peloza, referencing item 9 in page 4 of 9 of Exhibit A. Item 13, page 5 of 9 of Exhibit A, Chairman Wagner asked for clarification of the conservation requirements. Director Dowdy stated the Tacoma Water Conservation Manager has reviewed the City of Auburn’s conversation program and it was determined the conservation programs for both utilities were substantially equivalent. Utilities Engineer Repp noted that the clause is included to make sure both Tacoma and Auburn are compliant with the Page 3 of 9 PW.1 Page 19 of 151 Department of Health requirements. Utilities Engineer Repp responded to questions asked by Chairman Wagner regarding the wording in item 13, “….shall abide by Tacoma’s Water Shortage Response Plan…” Copies of the Tacoma Municipal Code 12.10.150 – Interruption of Service were provided by Vice-Chair Peloza. Water Utility Engineer Lamothe responded to a question asked by Chairman Wagner regarding the amount of staff time it will take to develop and maintain the operating protocols as stated in item 22, page 6 of 8 of Exhibit A. Water Utility Engineer Lamothe verified that the B Street Intertie will be used initially, as the 132nd Street Intertie will not be completed until December 2012, in response to a question asked by Member Osborne. Motion Carried Unanimously. 3-0. B. Resolution No. 4826 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Providing for the Reduction of Speed Limits on Arterial Street Routes within the City Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council adopt Resolution No. 4826. Director Dowdy explained that staff has worked on posting new load limit signs and has reduced the speed limits in locations where there are failing pavement sections for safety purposes. Director Dowdy explained that staff believes that from a corridor perspective, it would be more logical to reduce the speed limits through the corridors of West Valley Highway, A Street SE/East Valley Highway and Lake Tapps Parkway, making the speed limits consistent through the City limits. Director Dowdy also noted that Police indicated that enforcement of the speed limit would be easier and be more sensible for drivers if the speed limits were consistent through the corridors. Director Dowdy reiterated that staff is recommending the speed limit reductions and down grading of the corridors to Council. The Committee and staff reviewed the Proposed Speed Limit map. The Committee and staff discussed lowering the speed limit of Lake Tapps Parkway from 35 mph to 30 mph. Page 4 of 9 PW.1 Page 20 of 151 The Committee and staff discussed lowering the speed limit on East Valley Highway from 40 mph to 35 mph. The Committee and staff discussed lowering the speed limit of a portion West Valley Highway from 40 mph to 30 mph. Chairman Wagner questioned whether or not the pavement on Lake Tapps Parkway was in such a poor condition that it warrants a reduction in the speed limit. Mayor Lewis explained that Lake Tapps Parkway is used as a connector road from the area outside the City to the Valley via Lakeland Hills Way and reducing the speed on Lake Tapps Parkways to 30 mph would make it consistent with the speed limit on Lakeland Hills Way, which is part of the corridor being used. Director Dowdy stated that the reduction of the speed limit will help to discourage “pass-thru” traffic on City streets that have poor pavement conditions within the corridor being used. Mayor Lewis stated that part of the problem trying to be addressed is the North Lake Tapps Parkway being left incomplete by Pierce County, and Lake Tapps residents having to travel on Lakeland Hills Way. The Committee and Mayor Lewis discussed the amount of traffic coming down Lake Tapps Parkway to Lakeland Hills Way and the affect it will have on the pavement condition. Director Dowdy spoke about the cost of winter maintenance on Sumner Tapps Highway and the burden on the City trying to keep the corridor open in winter conditions with no assistance from Pierce County. Chairman Wagner questioned the change in policy concerning Lake Tapps Parkway speed reduction, pointing out that the other corridors staff is recommending for speed reduction are freight routes and the Lake Tapps Parkway corridor is not a freight route. Mayor Lewis spoke about Pierce County not completing the Lake Tapps corridor, which was built to go from Lake Tapps to SR167. Because the corridor was not finished more traffic is using Lakeland Hills Way, causing the road bed to deteriorate. Chairman Wagner stated that he was uncomfortable using the attempt to save the City’s arterial streets from wear and tear to influence commuter traffic. Mayor Lewis pointed out that a reduction in commuter traffic will help preserve the pavement on Lakeland Hills Way that is being used by the majority of traffic on Lake Tapps Parkway. Page 5 of 9 PW.1 Page 21 of 151 The Committee, Director Dowdy, and Mayor Lewis discussed the difference between the two objectives of reducing speed for safety and pavement preservation reasons and reducing speed to discourage commuter traffic. Director Dowdy spoke about meetings with Pierce County and the County’s reluctance to assist the City with improvements and maintenance of the Lake Tapps Parkway corridor. Chairman Wagner and Mayor Lewis discussed the probability of forming a Transportation Benefit District. Mayor Lewis pointed out that City staff is recommending the adoption of Resolution No. 4826. Member Osborne spoke against reducing the speed limit on the Lake Tapps Parkway. Mayor Lewis and Director Dowdy spoke in support of adoption of Resolution No. 4826. Chairman Wagner stated that he will support the resolution based on the impact to the pavement on Lakeland Hills Way from traffic using Lakeland Hills Way to connect to the Valley from Lake Tapps Parkway. The Committee and staff discussed if reduction of speed on Lake Tapps Parkway will help to preserve the pavement on Lakeland Hills Way on to A Street. Mayor Lewis stated that it is important for the City to do what it can to discourage commuters from using Lakeland Hills Way to pass through Auburn. Vice-Chair Peloza stated that he is supporting staff recommendations. Chairman Wagner stated that he is now convinced that there is a pavement preservation issue on the Lake Tapps Parkway/Lakeland Hills Way corridor. Member Osborne stated that he would support the adoption of the resolution for preservation issues, but still had concerns about using it to put pressure on people to use alternate routes. Motion Carried Unanimously. 3-0. IV. DISCUSSION ITEMS A. Resolution No. 4818 (Hankins) A Resolution of the City Council of the City of Auburn, Washington, Setting a Hearing Date in Relation to Amending the 2012-2017 Transportation Improvement Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77 Page 6 of 9 PW.1 Page 22 of 151 Transportation Planner/Grants Manager Hankins was present. There were no questions from the Committee. B. Resolution No. 4819 (Hankins) A Resolution of the City Council of the City of Auburn, Washington, Amending the 2012-2017 Six-Year Transportaiton Improvement Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77 The Committee and staff discussed the effectiveness of the flashing yellow arrows. Traffic Engineer Para reported that there is safety data and studies that show accidents are reduced when using flashing yellow arrows versus the protected/permissive left turn style. C. Resolution No. 4820 (Bailey) A Resolution of the City Council of the City of Auburn, Washington, Declaring Certain Items of Property as Surplus and Authorizing their Disposal There were no questions from the Committee. D. Capital Project Status Report (Gaub) Item 9 – CP1116 – Downtown Pedestrian Lighting Replacement: Chairman Wagner commented on the brightness of the LED lights when looking directly at them. Director Dowdy stated that there have been no complaints about the lights. Mayor Lewis said that the feedback from downtown businesses has been positive. Chairman Wagner suggested staff research the pros and cons of using LED street lights prior to replacing street lights citywide with LEDs. Item 12 – C201A – M Street Underpass: Chairman Wagner asked when 4th and 6th Streets SE will be open. Assistant City Engineer Gaub answered that the streets are currently open in a temporary configuration until M Street is lowered and at that time they will both be closed again for a short period of time. Item 34 – CP1121 – 2011 Local Street Pavement Preservation Phase 2: Vice-Chair Peloza commented positively on the progress of the work on H Street SE. E. Activities Matrix (Dowdy) Item C – Field Trip to Coal Creek Springs: The Committee decided to postpone the trip until July, when the weather may be better. Item A – Street Lighting: Director Dowdy stated that the discussion regarding street lighting will probably be on the next Public Works Committee Meeting Agenda. Page 7 of 9 PW.1 Page 23 of 151 Mayor Lewis spoke about supplying information regarding lighting to neighborhoods that have been requesting street lighting to be installed. Item D – Harvey Road Sidewalk Repair: Vice-Chair Peloza asked if the sidewalk along the 1100 block of Harvey Road could be made a priority for repair. Director Dowdy stated once the contract has gone out, that area will be a priority for the contractor. F. Ordinance No. 6410 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, Amending Ordinance No. 6339 the 2011-2012 Biennial Budget Ordinance as Amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378, Ordinance No. 6379 and Ordinance No. 6400, Authorizing Amendment to the City of Auburn 2011-2012 Budget as Set Forth in Schedule "A" and Schedule "B" Chairman Wagner asked for clarification regarding “committed debt payments.” Finance Director Coleman explained that the committed debt payments include the Golf Course and Cemetery funds. Finance Director Coleman stated that the Cumulative Reserve Fund can be used for revenue stabilization funding or construction projects, in response to questions asked by Chairman Wagner. Chairman Wagner pointed out that the Cumulative Reserve Fund can be used for a number of things and not just committed debt payment as stated in the Finance Department Memo, in response to a question asked by Vice- Chair Peloza. Mayor Lewis stated that there is no expectation on the City’s part that the City will see increase profits to make up for the temporary suspension of the liquor excise tax or the offset any other losses, in response to a question asked by Vice-Chair Peloza. The Committee and staff discussed if the privatization of liquor sales will benefit the City. Mayor Lewis stated that net, the City will receive less than it had been in the past. Chairman Wagner commented on the increase in funding for improving striping/marking. Mayor Lewis stated that the Legal Department is working on recovering funds for damage done to a signal by a driver, in response to a question asked by Vice-Chair Peloza. Vice-Chair Peloza asked how much of the $100,000.00 General Fund monies are for the replacement of stolen copper wire. Director Dowdy answered the majority of it. The Committee and staff discussed the Page 8 of 9 PW.1 Page 24 of 151 new law requiring the registration of all copper wire recycling. Finance Director Coleman answered questions asked by Chairman Wagner regarding the Local Revitalization Fund. Chairman Wagner asked what the target ending fund balance is for the Equipment Rental Fund. Finance Director Coleman stated that the goal is to have enough money in the fund to cover the cost of replacements every year and the City will be replacing a number of large sewer vactors in the near future, which are very expensive. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:56 p.m. Approved this 18th day of June, 2012. Page 9 of 9 PW.1 Page 25 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: June 4, 2012 Minutes Date: June 8, 2012 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Finance Councilmember:Partridge Staff: Meeting Date:June 18, 2012 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 26 of 151 Finance Committee June 4, 2012 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the regular meeting to order at 5:30 p.m. in Conference Room 1 located on the second floor of the City Hall Annex located at One East Main Street in Auburn. A. Roll Call Chair Partridge, Vice Chair John Holman, and Member Largo Wales were present. City officials and staff members present included: Mayor Peter B. Lewis, Assistant City Attorney Steve Gross, Planning and Development Director Kevin Snyder, Finance Director Shelley Coleman, Chief of Police Bob Lee, Emergency Preparedness Manager Sarah Miller, Public Works Director Dennis Dowdy, Principal Planner Jeff Dixon, Development Services Manager Jeff Tate, and City Clerk Danielle Daskam. Also present was Scot Pondelick. B. Announcements There was no announcement. C. Agenda Modifications Resolution No. 4826 was added to the agenda as a discussion item. II. CONSENT AGENDA A. Minutes of the May 21, 2012 regular meeting Vice Chair Holman moved and Member Wales seconded to approve the May 21, 2012 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) Claim check numbers 413836 through 414180 in the amount of $3,313,877.16 and dated June 4, 2012. Committee members reviewed the claims and payroll vouchers and briefly discussed claims vouchers 414083, 414078, 414107, and 414125. Page 1 of 6 FN.1 Page 27 of 151 Member Wales moved and Vice Chair Holman seconded to recommend approval of claims and payroll vouchers to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers (Coleman) Payroll check numbers 532929 through 532963 in the amount of $271,169.48 and electronic deposit transmissions in the amount of $1,210,578.52 for a grand total of $1,481,748.00 for the period covering 05/17/12 to 05/30/12. See claims vouchers above for approval of payroll vouchers. III. RESOLUTIONS A. Resolution No. 4820 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal Finance Director Coleman advised that Resolution No. 4820 authorizes the surplus of a police vehicle that was totaled in an accident. The vehicle will be used as a parts vehicle, and once all viable parts are removed, it will be crushed and sold for scrap metal. Vice Chair Holman moved and Member Wales seconded to recommend approval of Resolution No. 4820. MOTION CARRIED UNANIMOUSLY. 3-0 IV. DISCUSSION ITEMS A. Ordinance No. 6410 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378, Ordinance No. 6379, and Ordinance No. 6400, authorizing amendment to the City of Auburn 2011-2012 Budget as set forth in Schedule "A" and Schedule "B" Finance Director Coleman presented budget amendment number 8. The budget adjustment amends the City's budget for actual 2012 beginning fund balances, adjusts revenues due to revisions in State shared revenues as a result of recent State legislative action, and adjusts revenues and expenses reflecting the recently revised utility rates. Finance Director Coleman expounded on the transfer of $2.5 million from the General Fund to the Cumulative Reserve Fund to support committed debt payments, revenue stabilization, and capital projects. By policy, an Page 2 of 6 FN.1 Page 28 of 151 8.5% fund balance is maintained in the General Fund. The transfer will leave a 9% fund balance in the General Fund. Finance Director Coleman reviewed the impact of recent legislation on State shared revenues. The State has suspended distribution of liquor excise taxes for the second half of 2012 and the first half of next near. The State has also taken a permanent diversion of approximately 40% of proceeds. The State has also reduced distributions of Streamlined Sales Tax. There was brief discussion regarding the adjustment to the traffic infraction revenue to reflect lowered red light photo infractions. Red light photo enforcement is expected to decline from $1.2 million to approximately $500,000 for 2012. On June 18, 2012, Ordinance No. 6410 will be presented to the Finance Committee for recommendation and Council for approval. B. Ordinance No. 6411 (Heid) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.36.540 of the Auburn City Code and creating new Sections 9.14.030, 9.26.010, 9.26.020, 9.46.010, 9.58.020 and 9.62.010 of the Auburn City code relating to updating prosecution code sections Assistant City Attorney Gross reviewed Ordinance No. 6411. The Ordinance updates code sections to ensure consistency with case law and adds additional sections to the code related to prosecution. C. Resolution No. 4814 (Lee) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the Washington State Military Department in the amount of Sixty-two Thousand and Two Hundred Eighteen Dollars ($62,218.00) from the United States Department of Homeland Security Emergency Management Performance Grant Program, and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Emergency Preparedness Manager Sarah Miller reported that Resolution No. 4814 accepts a $62,218.00 grant from the Washington State Military Department as the City's allotment of annual Emergency Management Performance grant monies. D. Resolution No. 4822 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor or designee to execute a Wholesale Water Agreement between the City of Auburn and the City of Tacoma Public Works Director Dowdy explained that Resolution No. 4822 authorizes the negotiation and execution of a Wholesale Water Agreement between the City of Page 3 of 6 FN.1 Page 29 of 151 Auburn and the City of Tacoma (d/b/a Tacoma Water). Entering into the agreement with Tacoma allows the City to purchase water in keeping with the City's supply strategy. The agreement will provide the City with a permanent supply of 1.0 million gallons per day (mgd) of average supply and 1.8 mgd of peak supply. There is an option for the City to decide whether to take an additional 1.0 mgd. Director Dowdy advised that the City has two interconnections that can be used: one at B Street NW under the BPA powerline and a second that is under contract at this time that will be located on Lea Hill. Mayor Lewis stated that the additional water supply is needed to ensure there is adequate water supply to meet customer demand during peak period and while work is being performed on the City's well system. The ordinance will be presented to the full Council this evening for consideration. E. Before & After School Programs (Faber) Parks, Arts and Recreation Director Daryl Faber presented the City's brochure for the Around the Bell before and after school program and additional information on program activity and revenues and expenses. The program serves approximately fifty different children. The program sites are located at West Auburn High School and Lea Hill Elementary. Children from Dick Scobee, Evergreen Heights, Hazelwood, Ilalko, Lea Hill, Terminal Park and Washington Elementary are served by the program. The program is overseen by part-time staff directly. Last year's revenues were $101,856 with expenses at $94,983. Expenses include salaries and wages of the direct staff, operating supplies, rental/lease fees, and transportation. Director Faber stated that the school district provides the school room for free, but there is a charge for janitorial services for each site. The program has been in place for five to seven years. There was brief discussion regarding facility use and the use of the golf course by the school district students. Mayor Lewis suggested that Director Faber present an alternative program for golf course facility use. F. Resolution No. 4823 - Physical Address Change Recommendations (Tate) Committee to review proposed changes to physical addresses recommended by the City of Auburn Addressing Committee and reviewed and approved by City Directors and the Valley Regional Fire Authority (VRFA) Administrator. Planning and Development Director Snyder reviewed Resolution No. 4823 which Page 4 of 6 FN.1 Page 30 of 151 pertains to proposed changes for approximately 140 addresses. The changes were identified as public safety concerns that could result in delayed or inaccurate public safety responses. The proposed address changes were initially reviewed and recommended by the City's multi-departmental Addressing Committee. Staff have held three public meetings to speak with potential impacted parties and held discussions at Planning and Community Development Committees where members of the public were allowed to speak to the issue. At their meeting on May 29, 2012, the Planning and Community Development Committee voted to forward Resolution No. 4823 to the full Council for consideration. A public hearing on the proposed address changes is scheduled for the June 18th Council meeting. The resolution will be presented the same evening for consideration. Member Wales commented that she is not convinced of the merits of the proposed address changes. She requested that the proposal be scheduled for a Committee of the Whole meeting. Mayor Lewis stated that the proposed changes have been recommended by police, fire, and department directors and are the minimum changes to alleviate public safety concerns. In response to comments from Chair Partridge, Director Snyder stated that the goal was to change only those addresses which presented the highest public safety concern. Chair Partridge requested that in the future, newer Councilmembers, who may not have been exposed to all previous reviews of the information, be presented with all information that has been presented in the past. G. Resolution No. 4826 A Resolution of the City Council of the City of Auburn, Washington, providing for the reduction of speed limits on arterial street routes within the city Public Works Director Dowdy stated that since there are no known new funding mechanisms on the horizon that would secure enough funding to bring the City's arterials back up to a pavement condition index (PCI) of 70, Resolution No. 4826 reduces speed limits on those corridor streets where it is unsafe to travel any faster and to discourage the use of the arterial streets to pass-through traffic and allow longer life of arterials. Director Dowdy directed the Committee's attention to a map of proposed speed limits where four corridors are identified for reduced speed limits. Upon review and discussion, the Committee members recommended changing the speed limits along East Valley Highway/A Street SE as follows: from the south city limits to Lakeland Hills Way will be 30 mph, and Lakeland Hills Way to 37th Page 5 of 6 FN.1 Page 31 of 151 Street SE will be 35 mph. H. Proposed Amendment of the Interlocal Agreement between the City and Port of Seattle (Dixon) Staff to discuss a proposed amendment to the previous 1998 Interlocal Agreement between the City and the Port of Seattle. Principal Planner Dixon presented a proposed amendment to a previous Interlocal Agreement between the City and the Port of Seattle approved by Ordinance No. 5029 on January 20, 1998. The original agreement was related to construction of the Port's wetland mitigation site located in northeast Auburn, provision of infrastructure, and property transfer. The proposed amendment of the interlocal agreement clarifies the related subject of control of floodplain storage capacity that was not sufficiently addressed in the original agreement. The proposed amendment clarifies that the Port has rights to 17% of the floodplain storage capacity on the wetland mitigation site; the City has the right to the remaining 83% of the floodplain storage. V. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 7:13 p.m. APPROVED this _____ day of _________________, 2012. __________________________ _____________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 6 of 6 FN.1 Page 32 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: May 22, 2012 Minutes Date: June 13, 2012 Department: Planning and Development Attachments: Draft Minutes - 5/22/12 Budget Impact: $0 Administrative Recommendation: For information only, see attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Wagner Staff: Meeting Date:June 18, 2012 Item Number:CC.1 AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 33 of 151 Les Gove Community Campus May 22, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER A. Call to Order (Snyder) Chair Rich Wagner called the meeting to order at 5:01 p.m. in Annex Conference Room 2 located on the second floor of the One Main Professional Plaza, 1 East Main Street, Auburn, Washington. B. Roll Call Chair Rich Wagner, Vice-Chair Largo Wales and Member Wayne Osborne. Staff members present were Mayor Pete Lewis, Parks, Arts and Recreation Director Daryl Faber, Planning Director Kevin Snyder, Finance Director Shelley Coleman, and Project/Construction Manager Steve Burke, Planning and Development Secretary Tina Kriss. Also in attendance was National Development Council consultant Chuck Depew, and Ron Harpel, AIA, BLRB Architects. C. Announcements There were no announcements. D. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. April 11, 2012 Minutes (Snyder) Vice-Chair Wales moved and Councilmember Osborne seconded to approve the February 23, 2012 minutes as written. Motion carried unanimously. 3-0 III. DISCUSSION ITEMS A. Briefing from Chuck Depew, National Development Council, on Draft Financial Feasibility Analysis for Community Center (Depew/Snyder) National Development Council (NDC) consultant Chuck Depew guided the Committee through a review of funding sources and uses for the Auburn Page 1 of 4 CC.1 Page 34 of 151 Community Center building. The current development budget detail costs total approximately $10,335,447.00 or $496.90 per square foot with hard costs of $400.00 per square foot. Mr. Depew pointed out this is a rather high number per square foot. Chair Wagner noted that the City Hall Annex purchase agreement was for $485.00 per square foot of rentable space and $385.00 per square foot for area in excess of the rentable space which is comparable to the Community Center cost. He discussed the revised development budget detail that included financing costs of three percent (3%) along with interim interest for 18 months of three and a half percent (3.5%), adding additional cost of $589,508.00 for a total cost of $10,924,955.00. Committee and Mr. Depew reviewed various funding opportunities available to build a budget to fund the community center that included the HUD 108 long-term loan program (20 year). Many cities and counties in Washington State are realizing construction savings in public facilities through “privatization” of the development process; from use of an Owner’s representative to manage the process for them; to use of a Design/Build process; and use of a “63-20” development finance approach. Committee and staff discussed creating a 501 (c) (3) foundation if museum space was utilized within the community center as a program. A Private Development Approach was reviewed along with New Market Tax Credits. Mr. Depew discussed that using the Design/Build process and the “63-20” development financing approach the project would not be subject to a public works process, providing cost savings through development and construction efficiencies. Committee expressed their desire to reduce the cost per square foot without compromising quality. Committee and Mr. Harpel discussed the use of the drawings drafted for the City and the work needed to bring them up to the 2009 code standards; it would take approximately a month to update the drawings to make them available for use. Committee concurred that if there really is a 20 to 30% savings for the project without loss to the quality of the building it would be something to consider. Director Snyder stated the next steps would be to put out a Request For Proposal (RFP) for a facilitator/developer. Committee will continue to discuss these options. B. Review of Draft Request for Proposals for Non-Profit Facilitator for Auburn Community Center (Snyder) Director Snyder explained the Request for Proposal (RFP) provided in the packet is a draft built on the concept of a non-profit facilitator to assist in building the facility. The facilitator/developer would get the development team in place as well as provide operation as a single purpose non-profit corporation leasing to the City. At the end of the lease period the facility would be turned over to the City and would be owned outright by the City. Committee asked if transfer costs were included and Director Snyder replied there are no transfer costs because this is set up as a lease-back relationship. He further stated the City attorney’s office has reviewed the method and they concur that the State of Washington allows this approach for these types of construction opportunities. Page 2 of 4 CC.1 Page 35 of 151 Chair Wagner asked Mr. Harpel how long it would take to bring the design documents up to the 2009 building code standards; Mr. Harpel stated it would take a month to update the documents at a cost of $68,000.00 (without printing cost to go to bid). Member Osborne moved and Vice-Chair Largo seconded to issue a Request for Proposal (RFP) for a non-profit facilitator for Auburn Community Center, Chair Wagner concurred. Motion unanimously moved. 3-0 Director Snyder stated staff will issue the RFP, publish twice, setting up publication later this week and then publish over the next two weeks. Staff will receive the responses within three (3) weeks (after the last publication) and have an evaluation period to rate the responses. Director Snyder suggested waiting for the RFP evaluation to be complete before updating the design documents. Committee concurred. Member Osborne suggested the financing portion continue, and Director Snyder stated it would be best not to begin the new market tax credits and the “63-20” program at this time but begin on other State and foundational alternative financing options. Committee concurred. The next Committee meeting will be held July 11, 2012 unless a special meeting is called by Chair Wagner on behalf of the Committee. C. Update on Veterans' Administration Participation in the Les Gove Community Center Project (Lewis/Hursh) Mayor Lewis stated the City has a cost breakdown and plan for the veterans and human services center and may want to add to it the community center project. Once a complete package is ready, Mayor Lewis would like to submit it to the King County Veterans and Human Services Levy as a project and to the US Department of Veterans Affairs. Community Services Manager Michael Hursh was unable to attend this meeting. D. Status of Community Center Project Grant Submission to the Legislature's Billion Dollar Jobs Bill (Lewis) Mayor Lewis reviewed the status of the grant submission for the Community Center project. The next step since the City is on the list is to submit a full application. Mayor Lewis expects a response within 90 days. Page 3 of 4 CC.1 Page 36 of 151 IV. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 6:37 p.m. APPROVED this __________ day of ______________________, 2012. _______________________________ ______________________________ Rich Wagner - Chair Bobbie Hodgkinson - Support Clerk Page 4 of 4 CC.1 Page 37 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: June 4, 2012 Minutes Date: June 14, 2012 Department: Administration Attachments: June 4, 2012 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:June 18, 2012 Item Number:COC.1 AUBURN * MORE THAN YOU IMAGINEDCOC.1 Page 38 of 151 Council Operations Committee June 4, 2012 - 5:00 PM City Hall Conference Room 2 MINUTES I. CALL TO ORDER A. Roll Call Chair Nancy Backus called the meeting to order at 5:06 p.m. in Conference Room 2 on the second floor of the Auburn City Hall located at 25 West Main Street in Auburn. Members in attendance included Chair Nancy Backus, Vice Chair Rich Wagner and Member Bill Peloza. Also in attendance were Councilmember Largo Wales, Assistant City Attorney Steven Gross and Deputy City Clerk Shawn Campbell. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. May 7, 2012 Regular Meeting Minutes Vice Chair Wagner moved and Member Peloza seconded to approve the consent agenda. Motion carried unanimously. 3-0 III. DISCUSSION ITEMS A. Resolution No. 4807 A Resolution of the City Council of the City of Auburn, Washington, revising the City's policy on membership in professional organizations and in civic, service and community organizations Chair Backus stated she has received a request to not move Resolution 4807 forward until the full Council discusses it at the July Committee of the Whole (COW) meeting. Vice Chair Wagner said the data provided shows most other jurisdictions do not pay for councilmembers to attend service groups. He added the amount claimed is minimal and it may be best to continue to pay for councilmembers to encourage interaction with the citizens in these groups. Chair Page 1 of 2 COC.1 Page 39 of 151 Backus suggested limiting the amount allowed or paying for dues and requiring councilmembers pay their own lunches. Vice Chair Wagner suggested $300 for dues and $100 a month for expenses. Member Peloza pointed out in section 4.2.1 the City encourages management staff to attend the civic organizations. He said he does not believe the City should pay for staff and not councilmembers. Council asked for information regarding surrounding jurisdictions paying for staff to attend civic organizations be provided at the next meeting. B. Frequency of COW Meetings Chair Backus said she has enjoyed the discussions and synergy among the Council with the recent Committee of the Whole (COW) meeting and the Council Retreat. She suggested scheduling a COW meeting once a month on the second or fourth Monday. She said it is a great benefit to have all members hear the information at the same time. Member Wagner stated it would be difficult to have a COW after another meeting. Member Peloza said there will be five (5) COW's in 2012. Member Peloza suggested having a COW every other month. Chair Backus said this will be a discussion item at the July COW. C. Auburn Junior City Council Structure Chair Backus said Vice Chair Wagner drafted operating parameters for the Auburn Junior City Council. Vice Chair Wagner said he also added some selection criteria. The committee went through the draft operating parameters section by section. Deputy Mayor Backus said this item will move forward to the July COW for discussion by the entire council. IV. ADJOURNMENT There being no further business, the meeting adjourned at 6:06 p.m. Approved this 2nd day of July, 2012. _______________________ _______________________________ Nancy Backus, Chair Shawn Campbell, Deputy City Clerk Items submitted to the June 4, 2012 Council Operations Committee meeting: Finance Department - Payment made to Services Clubs 2009-4/30/2012 Page 2 of 2 COC.1 Page 40 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the June 4, 2012 regular meeting Date: June 11, 2012 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:June 18, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 41 of 151 City Council Meeting June 4, 2012 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne and John Holman. Department directors and staff members present: Assistant City Attorney Steve Gross, Planning and Development Director Kevin Snyder, Chief of Police Bob Lee, Finance Director Shelley Coleman, Parks, Arts and Recreation Director Daryl Faber, Public Works Director Dennis Dowdy, Economic Development Manager Doug Lein, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Proclamation - Bicentennial of the War of 1812 Mayor Lewis declared June 18, 2012 as the "Bicentennial of the War of 1812" in the city of Auburn. Mayor Lewis presented the proclamation to Hilda Meryhew, representing the Lakota Chapter of the Daughters of the American Revolution. 2. Cub Scout Troop No. 317 Mayor Lewis acknowledged members of Cub Scout Troop No. 317 in attendance this evening and visiting the television recording control room. D. Agenda Modifications Resolution No. 4823 was removed from the agenda, and Resolution No. 4826 was added to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings There was no public hearing scheduled for this evening. B. Audience Participation Page 1 of 8 CA.A Page 42 of 151 This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Elsa Lee, 5th Avenue North, Algona Ms. Lee expressed health concerns with the sand pit at Les Gove Park. She stated that neighborhood cats appear to be using the sand pit as a litter box. She recommended that the City eliminate the sand pit from the park. Catherine Cunningham, NE 91st Avenue, Redmond Ms. Cunningham spoke in favor of the City contracting with King County for court services. Elam Anderson, 23rd Street SE, Auburn Mr. Anderson expressed concern with the amount of crime that appears to be occurring in his neighborhood. He spoke of several incidents that have occurred on his property. He also reported that 911 advised him that officers could not respond to his residence due to responding to other calls. Mayor Lewis encouraged Mr. Anderson to provide him with the dates of his calls to the 911 system so that he could review the response. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met May 29, 2012. The Committee discussed Ordinance No. 6411 amending sections of the Auburn City Code and adding new sections of the Auburn City code relating to prosecution code sections. The Committee also reviewed Resolution No. 4814 accepting a grant in the amount of $62,218 from the Washington State Military Department for emergency management programs. The Committee discussed Auburn Municipal Court and the Committee's project matrix. The next regular meeting of the Municipal Services Committee is scheduled for June 11, 2012 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met May 29, 2012. The Committee discussed the announcement of the renovation and rebranding of the Supermall. The Committee reviewed Resolution No. 4823 relating to address changes and Resolution No. 4818 setting the date for a public hearing on a revision to the Transportation Improvement Program. The Commission discussed Resolution No. 4819 relating to a grant from the Washington Department of Transportation to improve safety at various intersections, the current moratorium on cannabis collective gardens, a proposed amendment to the interlocal agreement with the Port of Seattle relating to Page 2 of 8 CA.A Page 43 of 151 floodplain storage, and the opening of Coastal Farm and Ranch. The next regular meeting of the Planning and Community Development Committee is scheduled for June 11, 2012 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved contract administration items relating to Public Works Project No. CP1201, the 2012 Local Street Pavement Reconstruction Project, Public Works Project No. CP1206, the 2012 Pavement Patching, Chip Seal and Overlay Project, and Public Works Project No. CP0921, the Bi-Annual Sanitary Sewer Repair and Replacement. The Committee also reviewed Resolution No. 4822 approving a Wholesale Water Agreement with Tacoma Public Utilities. The Committee discussed Ordinance No. 6410 relating to budget amendment number 8, Resolution Nos. 4818 and 4819 relating to revisions to the Transportation Improvement Program, Resolution No. 4820 relating to surplus of a vehicle, Resolution No. 4826 relating to the lowering of speed of limits on a few of the arterial street corridors, the capital project status report, and the Committee's activities matrix. The next regular meeting of the Public Works Committee is scheduled for June 18, 2012 at 3:30 p.m. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30 p.m. The Committee reviewed claims vouchers in the amount of just over $3 million and payroll vouchers in the amount of approximately $1.5 million. The Committee reviewed Resolution No. 4820 surplussing a police vehicle. The Committee also discussed Ordinance No. 6410 relating to budget amendment number 8, Resolution No. 4814, Resolution No. 4822, the Before and After School Programs, Resolution No. 4823, an amendment to the Interlocal Agreement with the Port of Seattle, and Resolution No. 4826 related to speed limits on arterials. The next regular meeting of the Finance Committee is scheduled for June 18, 2012 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Campus Committee met May 22, 2012. The Committee received a report from the consultant from the National Development Council on funding and operation methods for the community center, reviewed a Request for Proposals to engage and employ a non-profit facilitator, received an update from Mayor Lewis on ongoing efforts to bring Veterans Administration funding sources to the Les Gove Community Campus, and discussed the status of the Community Center Project grant submissions. The next regular meeting of the Les Gove Community Campus Committee is scheduled for July 11, 2012 at 5:00 p.m. F. Council Operations Committee Chair Backus reported the Council Operations Committee met this evening at 5:00. The Committee discussed Resolution No. 4807 relating to membership in Page 3 of 8 CA.A Page 44 of 151 civic organizations, which will be a discussion item at the next Committee of the Whole meeting. The Committee also discussed the frequency of Committee of the Whole meetings and the formation of an Auburn Junior City Council. The next regular meeting of the Council Operations Committee is scheduled for July 2, 2012 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the Regular Meeting of May 21, 2012 B. Claims Vouchers (Partridge/Coleman) Claim check numbers 413836 through 414180 in the amount of $3,313,877.16 and dated June 4, 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 532929 through 532963 in the amount of $271,169.48 and electronic deposit transmissions in the amount of $1,210,578.52 for a grand total of $1,481,748.00 for the period covering 05/17/12 to 05/30/12. D. Public Works Project No. CP0921 (Wagner/Dowdy) City Council to award contract No 10-02, to Rodarte Construction, Inc. on their low bid of $495,967.00 plus Washington State Sales Tax of $47,116.87 for a total contract price of $543,083.87 for Project No. CP0921, Bi-Annual Sanitary Sewer Repair and Replacement E. Public Works Project No. CP1201 (Wagner/Dowdy) City Council to grant permission to advertise for bids for Project No. CP1201, 2012 Local Street Pavement Reconstruction Project F. Public Works Project No. CP1206 (Wagner/Dowdy) City Council to grant permission to advertise for bids for Project No. CP1206, 2012 Pavement Patching, Chipseal and Overlay Project Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda consists of claims and payroll vouchers and contract administration items. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. Page 4 of 8 CA.A Page 45 of 151 VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6411 (Peloza/Heid) Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.36.540 of the Auburn City Code and creating new Sections 9.14.030, 9.26.010, 9.26.020, 9.46.010, 9.58.020 and 9.62.010 of the Auburn City code relating to updating prosecution code sections Councilmember Peloza moved and Councilmember Osborne seconded to introduce and adopt Ordinance No. 6411. Ordinance No. 6411 updates the city code sections for consistency with recent court cases and adds new sections of the code related to prosecution efforts. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 4814 (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the Washington State Military Department in the amount of Sixty-two Thousand and Two Hundred Eighteen Dollars ($62,218.00) from the United States Department of Homeland Security Emergency Management Performance Grant Program, and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4814. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 4818 (Backus/Dowdy/Snyder) A Resolution of the City Council of the City of Auburn, Washington, setting a hearing date in relation to amending the 2012-2017 Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt Resolution No. 4818. Resolution No. 4818 sets the date for a public hearing on the proposed revision to the 2012-2017 Transportation Improvement Program. MOTION CARRIED UNANIMOUSLY. 7-0 Page 5 of 8 CA.A Page 46 of 151 C. Resolution No. 4820 (Partridge/Coleman) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal Councilmember Partridge moved and Councilmember Holman seconded to adopt Resolution No. 4820. Resolution No. 4820 surpluses a police vehicle that was totaled. The vehicle is considered a total loss, but will be used as a parts vehicle and then sold for scrap metal. MOTION CARRIED UNANIMOUSLY. 7-0 D. Resolution No. 4822 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor or designee to execute a wholesale water agreement between the City of Auburn and the City of Tacoma Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4822. Resolution No. 4822 authorizes a Wholesale Water Agreement between the City and Tacoma Water to purchase permanent rights to a supply of water to meet customer demand. MOTION CARRIED UNANIMOUSLY. 7-0 E. Resolution No. 4823 (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, to provide an address change for 40 residences, 3 commercial buildings, 9 industrial buildings, 10 duplexes, and 8 fourplexes Resolution No. 4823 was removed from the agenda. F. Resolution No. 4826 A Resolution of the City Council of the City of Auburn, Washington, providing for the reduction of speed limits on arterial street routes within the city Public Works Director Dowdy reported that earlier this evening, the Finance Committee recommended a change to the speed limit map to reflect a 30 mph speed limit on East Valley Highway South from the south city limits to Lakeland Hills Way and 35 mph between Lakeland Hills Way and 37th Street SE. Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4826 with the recommended revisions by the Finance Committee. Page 6 of 8 CA.A Page 47 of 151 MOTION CARRIED UNANIMOUSLY. 7-0 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported on her attendance at a performance of the Traditional Korean Drum and Dance Team at the Senior Center, the Miss Washington Outstanding Teen Program where Auburn's Miss Outstanding Teen, Allison Arthur, was named first runner-up, the Memorial Day ceremonies, and a Green River Community College focus group working to enhance the benefits of the College to the surrounding community. Councilmember Holman reported he was a guest lecturer in a criminal justice class at Green River Community College. Councilmember Holman also attended the Green River Community College Heritage Society's dedication of walkways at the College, the Korean Drum and Dance performance at the Senior Center, Memorial Day ceremonies, and a Kiwanis Club trivia fundraiser at Riverside High School. Councilmember Peloza reminded that the Auburn International Farmers Market will open June 10. Councilmember Peloza reported on his attendance at the King County Water Pollution Abatement Advisory Committee meeting. Councilmember Osborne reported on his attendance at the Memorial Day ceremonies. Councilmember Partridge reported that he celebrated the 29th anniversary of his marriage on May 26th. Councilmember Partridge also reported on his attendance at the Regional Law, Safety and Justice Committee meeting. B. From the Mayor Mayor Lewis reported on his attendance at meetings with Auburn pastors, the Regional Policy Committee, the Mayor's Diversity Roundtable, Memorial Day ceremonies at Mountainview Cemetery and Veterans Memorial Park, Norm Rice's Seattle Foundation, the Emergency Medical Task Force, the Multi-housing Task Force, the Sister City Committee, Evergreen Eye Center ribbon cutting, the Cascade Middle School Honor Society, and Valley Cities. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:46 p.m. Page 7 of 8 CA.A Page 48 of 151 APPROVED this ____ day of June, 2012. _________________________________ _____________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 8 of 8 CA.A Page 49 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: June 13, 2012 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:June 18, 2012 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 50 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: June 13, 2012 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:June 18, 2012 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 51 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6410 Date: June 12, 2012 Department: Finance Attachments: Transmittal Memo Ordinance 6410 Schedule A Schedule B Budget Impact: $16,011,077 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6410 Background Summary: Ordinance No. 6410 amends the 2012 Adopted Budget (of the 2011-2012 biennium) as presented in the attached transmittal memorandum and supporting attachments. Updates to first reading prepared and presented to Finance Committee on June 4 and reflected in this amended package include: Employment Manager (1.0FTE). This position is an integral part of City's Human Resources Department and is generally responsible for all employee services, recruiting and hiring, and HR programs. Human Resources has previously had the position, but eliminated it as part of the budget reduction actions during 2009/2010. [$55,634, General Fund]. AVHS site improvements. The project is anticipated to advertise in June 2012 and be constructed in the fall of 2012. The site improvements for water/sewer service and surface improvements for pedestrian path and driveway must be completed in late 2012 in order to meet the scheduled opening date of January 1, 2013 for the Auburn Valley Humane Society. [$100,000, Facilities fund] F 3.23 Reviewed by Council Committees: Finance, Planning And Community Development, Public Works Councilmember:Partridge Staff:Coleman Meeting Date:June 18, 2012 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 52 of 151 AUBURN * MORE THAN YOU IMAGINEDORD.A Page 53 of 151 Interoffice Memorandum To: City Council From: Shelley Coleman, Finance Director CC: Pete Lewis, Mayor Date: May 30, 2012 Re: Ordinance #6410 – 2011-2012 Budget Amendment #8 Attached is proposed budget amendment #8 for your review. This amendment is the third budget amendment for 2012 and the eighth budget amendment for the 2011-2012 biennium. This budget adjustment amends the City’s budget for actual 2012 beginning fund balances, adjusts revenues for revisions as a result of recent State legislative actions in regards to State shared revenues, and adjusts revenues and expenses reflecting the recently revised utility rates. The following is a description of the significant changes included in this budget amendment.  Actual 2012 beginning fund balances: o Adjustments to beginning fund balances are made each year after the close of the preceeding year to reflect actual beginning fund balances. The 2012 beginning fund balances are updated to reflect actual ending 2011 fund balances.  State Shared Revenue Impacts: o General Fund revenue is updated to reflect revised state shared revenue distributions based on recent State legislative action1 as follows:  Temporary suspension of liquor excise taxes for July-December 2012 (-$186,000)  Increase in liquor profit distributions for public safety ($56,000)  One-time distribution of proceeds from sale of State liquor stores ($180,000)  Reduction to Streamlined Sales Tax distributions (-$68,000)  Utility rate study: o Adjustments to revenues for the Water, Sewer and Stormwater utilities to reflect revised rate revenue, consistent with the financial estimates as included in the Council adopted rate study update.  Other changes: o Cumulative Reserve Fund – funds are transferred from the General Fund in the amount of $2.5 M to the Cumulative Reserve to support payments made to the Cemetery and Golf course funds for operations and debt payment. 1 Estimated revenue impacts per AWC. ORD.A Page 54 of 151 o City traffic infraction revenue is reduced to reflect lowered red light photo infractions. Red light traffic infraction revenue is projected to decline from $1.2M to approximately $500,000 for 2012. (-$708,700; General Fund) o Due to recent changes in accounting for Motor Vehicle Fuel Taxes, this revenues is now to be deposited directly into the Arterial Street and Recreation Trails fund instead of the City’s General Fund. The $537,100 reduction in General Fund revenue is offset by a reduction in operating transfers out. o FAA grant funding and spending authority is recognized for an update to the Airport comprehensive plan as authorized under Resolution #4815 ($225,000 Airport Fund). Partially offset by FAA grant revenue of $202,500. o January Storm – FEMA reimbursement  FEMA reimbursement funding in the amount of $91,550 for citywide costs ($105,170) related to the January storm. Funding recognized in the Police Department/General Fund, Solid Waste, Cemetery, and Golf Course funds. o Human Resources  Funding for salaries and benefits is requested for a new Employment Manager FTE. The position is an integral function of the City’s Human Resources organization and is generally responsible for all employee services, recruiting and hiring, and HR programs. Human Resources has previously had the position, but eliminated it as part of the budget reduction actions during 2009/2010. ($55,634; General Fund) o Facilities  The AVHS is scheduled to open Fall 2012. In order to meet this schedule, site work improvements need to be completed and include increasing the size of the water/sewer line, constructing pedestrian and driveway improvements, and parking lot sealing/striping. Additional funding is needed to meet engineer’s estimated total cost of $180,000. ($100,000; Facilities Fund) o Parks  The City received 4-Culture and King Conservation District grants for promoting local arts events and the International Farmer’s Market ($37,000; General Fund)  Chainsaw carvings to turn downed trees from January storm damage to public art work; Brannan, Game Farm, and Les Grove parks ($4,000; General Fund) o Public Works / Streets  Additional funding provided for West Valley Highway asphalt reconstruction and street chip seal projects, as authorized by Council ($185,000; Arterial Street Preservation Fund)  Repair of traffic signal at 15th Street SW and West Valley Highway damaged by car accident ($75,000; General Fund). Partially offset by $25,000 insurance recovery.  Increase annual roadway striping/marking budget to a level that will keep up with deterioration ($100,000; General Fund)  Replacement of damaged guardrails, street lights, and stolen copper wiring ($100,000; General Fund) ORD.A Page 55 of 151 Table 1 below summarizes the 2012 budget, as amended, under this proposed Ordinance: Table 1: 2012 Budget as Amended 2012 Approved Budget $245,105,986 Budget Amendment #8 (Ord #6410) 16,011,077 Budget as Amended $261,117,063 Attachments:  1. Proposed Ordinance #6410 (budget adjustment #8)  2. Summary of proposed 2012 budget adjustments by fund and department (Schedule A)  3. Summary of approved changes to adopted 2012 budget by fund (Schedule B) ORD.A Page 56 of 151 ORD.A Page 57 of 151 ORD.A Page 58 of 151 ORD.A Page 59 of 151 ORD.A Page 60 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 General Fund (#001) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance General Fund 2012 Adopted Budget 10,487,938 49,252,800 54,612,340 5,128,398 BA#6 (Adopted ordinance #6379)1,064,250 798,500 1,839,080 23,670 BA#7 (Adopted ordinance #6400)152,700 168,820 648,310 (326,790) BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 4,533,183 4,533,183 - Human Resources Employment Manager (new FTE)55,634 (55,634) Planning Reduce Professional Services to fund transfer out to Fund 321 for Auburn Environmental Park (AEP) project increased costs.- (6,000) 6,000 Non Departmental Transfer Out to Parks Construction Fund 321 for AEP project increased costs 6,000 (6,000) Transfer Out to Cumulative Reserve Fund 2,500,000 (2,500,000) State Shared Revenues Liquor Revenue Reduction for Excise Taxes - 1 Year Revenue Suspension Effective July 1, 2012 (186,000) (186,000) Liquor Profit Increase in Liquor Revolving Account for Public Safety Purposes 56,000 56,000 One Time Disbursement from the Auction of State Liquor Stores 180,000 180,000 Streamlined Sales Tax Mitigation (68,000) (68,000) Municipal Criminal Justice Account (4,000) (4,000) Reduce Motor Vehicle Fuel Tax revenue - to be recorded in Fund 102 and Fund 120 (revenues accounted for directly into these funds)(537,100) (537,100) Reduce Transfer Out of MVFT to Fund 102 (530,000) 530,000 Reduce Transfer Out of MVFT to Fund 120 (7,100) 7,100 Police Emergency Management Grant - GR1201 3,700 3,700 - Emergency Management Grant - Resolution 4814 62,218 62,218 - Adjustment to Reflect FEMA & State Grants related to January Storm event per Res 4811 510 580 (70) Photo Enforcement Revenue Reduction Due to Recalibration of Red-Flex Program in School Zones (708,700) (708,700) Parks 4Culture Grant for local arts 12,000 12,000 - King Conservation District Grant for Auburn Farmers Market educational/marketing efforts 20,000 20,000 - Page 1 of 18ORD.A Page 61 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Chainsaw carvings at Brannan, Game Farm, & Les Grove parks 4,000 (4,000) 4Culture Grant for temporary art installation at City Hall Plaza 5,000 5,000 - Public Works Repairs to damaged traffic signal - insurance recovery 25,000 25,000 Repairs to damaged traffic signal 75,000 (75,000) Streets Increase Roadway Striping budget 100,000 (100,000) Replacement of damaged guardrails, street lights, and stolen copper wiring 100,000 (100,000) BA#8 Total 4,533,183 (1,139,372) 2,401,032 992,779 2012 Revised Budget 16,238,071 49,080,748 59,500,762 5,818,057 Total Resources / Expenditures 65,318,819 65,318,819 Page 2 of 18ORD.A Page 62 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Arterial Street Fund (#102) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 265,018 14,715,500 14,806,900 173,618 BA#6 (Adopted ordinance #6379)982,406 (1,480,300) (826,100) 328,206 BA#7 (Adopted ordinance #6400)274,950 2,941,420 3,207,770 8,600 BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 261,324 261,324 Reduce Transfer In of Motor Vehicle Fuel Tax from General Fund (530,000) (530,000) Recognize Motor Vehicle Fuel Tax revenue 530,000 530,000 BA#8 Total 261,324 - - 261,324 2012 Revised Budget 1,783,698 16,176,620 17,188,570 771,748 Total Resources / Expenditures 17,960,318 17,960,318 Local Street Fund (#103) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 1,095,806 2,155,000 2,000,000 1,250,806 BA#6 (Adopted ordinance #6379)(277,271) - 110 (277,381) BA#7 (Adopted ordinance #6400)1,021,000 - 1,021,000 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 145,545 145,545 BA#8 Total 145,545 - - 145,545 2012 Revised Budget 1,985,080 2,155,000 3,021,110 1,118,970 Total Resources / Expenditures 4,140,080 4,140,080 Page 3 of 18ORD.A Page 63 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Hotel Motel Fund (#104) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 15,726 79,400 85,000 10,126 BA#6 (Adopted ordinance #6379)(5,274) - - (5,274) BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 87,280 87,280 BA#8 Total 87,280 - - 87,280 2012 Revised Budget 97,732 79,400 85,000 92,132 Total Resources / Expenditures 177,132 177,132 Arterial Street Preservation Fund (#105) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 35,089 1,501,500 1,500,000 36,589 BA#6 (Adopted ordinance #6379)412,761 - - 412,761 BA#7 (Adopted ordinance #6400)66,500 - 66,500 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 790,019 790,019 Asphalt reconstruction for West Valley Hwy Imp. project -cp0916 per change order #3 approved by council on 5/7/12 160,000 (160,000) Additional budget for the City's portion of a chip seal project managed by City of Algona through interlocal agreement on Res #4821 -5/21/2012 25,000 (25,000) BA#8 Total 790,019 - 185,000 605,019 2012 Revised Budget 1,304,369 1,501,500 1,751,500 1,054,369 Total Resources / Expenditures 2,805,869 2,805,869 Page 4 of 18ORD.A Page 64 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Drug Forfeiture Fund (#117) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 513,237 298,700 298,230 513,707 BA#6 (Adopted ordinance #6379)168,633 - - 168,633 BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 266,750 266,750 Interlocal Partnership for Alive and Free Program. City of Auburn to be Lead City on Program - Cost to City is $30,000.30,000 (30,000) BA#8 Total 266,750 - 30,000 236,750 2012 Revised Budget 948,620 298,700 328,230 919,090 Total Resources / Expenditures 1,247,320 1,247,320 Housing and Community Development Grant Fund (#119) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 66,876 450,000 439,220 77,656 BA#6 (Adopted ordinance #6379)(54,507) - (1,470) (53,037) BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 31,028 31,028 BA#8 Total 31,028 - - 31,028 2012 Revised Budget 43,397 450,000 437,750 55,647 Total Resources / Expenditures 493,397 493,397 Page 5 of 18ORD.A Page 65 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Recreation Trails Fund (#120) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 15,377 7,200 - 22,577 BA#6 (Adopted ordinance #6379)- - - - BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (56) (56) Reduce Transfer In of Motor Vehicle Fuel Tax from General Fund (7,100) (7,100) Recognize Motor Vehicle Fuel Tax revenue 7,100 7,100 BA#8 Total (56) - - (56) 2012 Revised Budget 15,321 7,200 - 22,521 Total Resources / Expenditures 22,521 22,521 Business Improvement Area Fund (#121) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 43,496 54,100 54,000 43,596 BA#6 (Adopted ordinance #6379)(34,827) - - (34,827) BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 12,931 12,931 BA#8 Total 12,931 - - 12,931 2012 Revised Budget 21,600 54,100 54,000 21,700 Total Resources / Expenditures 75,700 75,700 Page 6 of 18ORD.A Page 66 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Cumulative Reserve Fund (#122) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 5,601,564 24,000 - 5,625,564 BA#6 (Adopted ordinance #6379)(369,882) - - (369,882) BA#7 (Adopted ordinance #6400)26,520 - 226,520 (200,000) BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (220,777) (220,777) Transfer In to Cumulative Reserve Fund to Replenish Withdrawals from 2008-2012 2,500,000 2,500,000 BA#8 Total (220,777) 2,500,000 - 2,279,223 2012 Revised Budget 5,037,425 2,524,000 226,520 7,334,905 Total Resources / Expenditures 7,561,425 7,561,425 Mitigation Fees Fund (#124) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 1,665,773 902,000 1,120,700 1,447,073 BA#6 (Adopted ordinance #6379)78,393 - 537,000 (458,607) BA#7 (Adopted ordinance #6400)796,640 - 796,640 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 1,297,346 1,297,346 BA#8 Total 1,297,346 - - 1,297,346 2012 Revised Budget 3,838,152 902,000 2,454,340 2,285,812 Total Resources / Expenditures 4,740,152 4,740,152 Page 7 of 18ORD.A Page 67 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 1998 Library Bond Debt (#229) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 339,120 288,100 286,900 340,320 BA#6 (Adopted ordinance #6379)(292,062) - - (292,062) BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (1,304) (1,304) BA#8 Total (1,304) - - (1,304) 2012 Revised Budget 45,754 288,100 286,900 46,954 Total Resources / Expenditures 333,854 333,854 2010 Annex A&B Bond Debt Fund (#230) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget - 1,696,100 1,696,100 - BA#6 (Adopted ordinance #6379)- - - - BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 158 158 BA#8 Total 158 - - 158 2012 Revised Budget 158 1,696,100 1,696,100 158 Total Resources / Expenditures 1,696,258 1,696,258 Page 8 of 18ORD.A Page 68 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 2010 C&D Local Revitalization Debt Fund (#231) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 62,700 595,600 595,400 62,900 BA#6 (Adopted ordinance #6379)13,901 - - 13,901 BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (76,601) (76,601) BA#8 Total (76,601) - - (76,601) 2012 Revised Budget - 595,600 595,400 200 Total Resources / Expenditures 595,600 595,600 LID Guarantee Fund (#249) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 52,500 500 11,000 42,000 BA#6 (Adopted ordinance #6379)1,087 - - 1,087 BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 801 801 BA#8 Total 801 - - 801 2012 Revised Budget 54,388 500 11,000 43,888 Total Resources / Expenditures 54,888 54,888 Page 9 of 18ORD.A Page 69 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 LID #250 (#250) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 447 55,600 55,500 547 BA#6 (Adopted ordinance #6379)- - - - BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (118) (118) BA#8 Total (118) - - (118) 2012 Revised Budget 329 55,600 55,500 429 Total Resources / Expenditures 55,929 55,929 Municipal Park Construction Fund (#321) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 201,868 1,874,100 1,979,100 96,868 BA#6 (Adopted ordinance #6379)305,995 18,150,900 18,399,200 57,695 BA#7 (Adopted ordinance #6400)11,800 313,030 324,830 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 265,104 265,104 Transfer In from General fund for Auburn Environmental Park project -C412a0 6,000 6,000 - BA#8 Total 265,104 6,000 6,000 265,104 2012 Revised Budget 784,767 20,344,030 20,709,130 419,667 Total Resources / Expenditures 21,128,797 21,128,797 Page 10 of 18ORD.A Page 70 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Capital Improvements Fund (#328) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,390,706 1,737,700 1,159,100 2,969,306 BA#6 (Adopted ordinance #6379)3,267,059 15,000 2,080,600 1,201,459 BA#7 (Adopted ordinance #6400)264,850 9,620 274,470 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 241,872 241,872 AVHS site improvements; Financed by interfund transfer from REET 2 fund balance [Fund 328] to Facilities Fund [Fund 505]100,000 (100,000) BA#8 Total 241,872 - 100,000 141,872 2012 Revised Budget 6,164,487 1,762,320 3,614,170 4,312,637 Total Resources / Expenditures 7,926,807 7,926,807 Local Revitalization Fund (#330) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget - - - - BA#6 (Adopted ordinance #6379)806,907 116,100 668,500 254,507 BA#7 (Adopted ordinance #6400)1,682,610 730,780 2,413,390 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (643,833) (643,833) Adjust estimated Promenade Project expenses to actual (389,326) 389,326 BA#8 Total (643,833) - (389,326) (254,507) 2012 Revised Budget 1,845,684 846,880 2,692,564 - Total Resources / Expenditures 2,692,564 2,692,564 Page 11 of 18ORD.A Page 71 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Water Fund (#430) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,577,279 11,624,400 12,867,420 1,334,259 BA#6 (Adopted ordinance #6379)7,080,418 (1,153,750) 5,070,250 856,418 BA#7 (Adopted ordinance #6400)6,087,190 - 6,087,190 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 1,200,924 1,200,924 Utility Rate Study revenue 389,437 389,437 BA#8 Total 1,200,924 389,437 - 1,590,361 2012 Revised Budget 16,945,811 10,860,087 24,024,860 3,781,038 Total Resources / Expenditures 27,805,898 27,805,898 Page 12 of 18ORD.A Page 72 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Sewer Fund (#431) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 3,172,444 18,361,600 20,472,820 1,061,224 BA#6 (Adopted ordinance #6379)6,184,655 75,600 627,000 5,633,255 BA#7 (Adopted ordinance #6400)1,983,510 - 1,983,510 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 1,465,918 1,465,918 Utility Rate Study revenue 738,869 738,869 BA#8 Total 1,465,918 738,869 - 2,204,787 2012 Revised Budget 12,806,527 19,176,069 23,083,330 8,899,266 Total Resources / Expenditures 31,982,596 31,982,596 Storm Drainage Fund (#432) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 1,842,732 7,923,300 8,323,710 1,442,322 BA#6 (Adopted ordinance #6379)3,804,846 (436,800) 2,506,530 861,516 BA#7 (Adopted ordinance #6400)1,607,510 - 1,607,510 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 1,846,912 1,846,912 Utility Rate Study revenue 89,042 89,042 BA#8 Total 1,846,912 89,042 - 1,935,954 2012 Revised Budget 9,102,000 7,575,542 12,437,750 4,239,792 Total Resources / Expenditures 16,677,542 16,677,542 Page 13 of 18ORD.A Page 73 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Solid Waste Fund (#434) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 430,736 9,513,800 9,910,560 33,976 BA#6 (Adopted ordinance #6379)(41,736) 1,344,660 844,860 458,064 BA#7 (Adopted ordinance #6400)- - - - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 243,263 243,263 Adjustment to Reflect Solid Waste Grants 4,600 4,600 - Adjustment to Reflect FEMA & State Grants related to January Storm event per Res 4811 68,630 78,640 (10,010) BA#8 Total 243,263 73,230 83,240 233,253 2012 Revised Budget 632,263 10,931,690 10,838,660 725,293 Total Resources / Expenditures 11,563,953 11,563,953 Airport Fund (#435) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 578,532 652,380 738,610 492,302 BA#6 (Adopted ordinance #6379)336,137 - 250,440 85,697 BA#7 (Adopted ordinance #6400)6,180 87,140 193,620 (100,300) 13,300 (13,300) BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 40,784 40,784 Airport comprehensive plan update - FAA funding 202,500 202,500 Airport comprehensive plan update 225,000 (225,000) BA#8 Total 40,784 202,500 225,000 18,284 2012 Revised Budget 961,633 942,020 1,407,670 495,983 Total Resources / Expenditures 1,903,653 1,903,653 Page 14 of 18ORD.A Page 74 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Cemetery Fund (#436) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 146,198 942,600 1,075,880 12,918 BA#6 (Adopted ordinance #6379)60,431 - (34,590) 95,021 BA#7 (Adopted ordinance #6400)(148,100) 200,000 - 51,900 BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 13,291 13,291 Adjustment to Reflect FEMA & State Grants related to January Storm event per Res 4811 12,560 14,400 (1,840) BA#8 Total 13,291 12,560 14,400 11,451 2012 Revised Budget 71,820 1,155,160 1,055,690 171,290 Total Resources / Expenditures 1,226,980 1,226,980 Golf Course Fund (#437) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 95,488 1,877,700 1,943,550 29,638 BA#6 (Adopted ordinance #6379)185,924 - (66,710) 252,634 BA#7 (Adopted ordinance #6400)- - (392,100) 392,100 BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (213,092) (213,092) Adjustment to Reflect FEMA & State Grants related to January Storm event per Res 4811 9,850 11,550 (1,700) BA#8 Total (213,092) 9,850 11,550 (214,792) 2012 Revised Budget 68,320 1,887,550 1,496,290 459,580 Total Resources / Expenditures 1,955,870 1,955,870 Page 15 of 18ORD.A Page 75 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Insurance Fund (#501) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,348,069 3,800 58,700 2,293,169 BA#6 (Adopted ordinance #6379)(156,237) - - (156,237) BA#7 (Adopted ordinance #6400)- - 145,000 (145,000) BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (7,152) (7,152) BA#8 Total (7,152) - - (7,152) 2012 Revised Budget 2,184,680 3,800 203,700 1,984,780 Total Resources / Expenditures 2,188,480 2,188,480 Facilities Fund (#505) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 346,439 3,658,200 3,548,540 456,099 BA#6 (Adopted ordinance #6379)450,085 195,000 604,670 40,415 BA#7 (Adopted ordinance #6400)349,290 - 349,290 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 476,635 476,635 AVHS site improvements; Financed by interfund transfer from REET 2 fund balance [Fund 328]100,000 100,000 BA#8 Total 476,635 100,000 100,000 476,635 2012 Revised Budget 1,622,449 3,953,200 4,602,500 973,149 Total Resources / Expenditures 5,575,649 5,575,649 Information Services Fund (#518) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,097,797 4,351,070 5,006,990 1,441,877 BA#6 (Adopted ordinance #6379)286,836 48,000 138,400 196,436 BA#7 (Adopted ordinance #6400)334,000 57,740 391,740 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 400,053 400,053 BA#8 Total 400,053 - - 400,053 2012 Revised Budget 3,118,686 4,456,810 5,537,130 2,038,366 Total Resources / Expenditures 7,575,496 7,575,496 Page 16 of 18ORD.A Page 76 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Equipment Rental Fund (#550) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,858,954 3,073,250 3,098,660 2,833,544 BA#6 (Adopted ordinance #6379)803,831 - 101,840 701,991 BA#7 (Adopted ordinance #6400)1,499,530 - 1,499,530 - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance 630,850 630,850 BA#8 Total 630,850 - - 630,850 2012 Revised Budget 5,793,165 3,073,250 4,700,030 4,166,385 Total Resources / Expenditures 8,866,415 8,866,415 Fire Pension Fund (#611) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,732,932 90,000 147,450 2,675,482 BA#6 (Adopted ordinance #6379)(10,061) - 2,000 (12,061) BA#7 (Adopted ordinance #6400)- - - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (56,340) (56,340) BA#8 Total (56,340) - - (56,340) 2012 Revised Budget 2,666,531 90,000 149,450 2,607,081 Total Resources / Expenditures 2,756,531 2,756,531 Cemetery Endowment Fund (#701) Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 1,552,162 54,700 22,300 1,584,562 BA#6 (Adopted ordinance #6379)8,145 - - 8,145 BA#7 (Adopted ordinance #6400)- - - - BA #8 (Proposed ordinance #6410) Adjust 2012 Beginning Fund Balance (3,737) (3,737) BA#8 Total (3,737) - - (3,737) 2012 Revised Budget 1,556,570 54,700 22,300 1,588,970 Total Resources / Expenditures 1,611,270 1,611,270 Page 17 of 18ORD.A Page 77 of 151 Schedule A Summary of 2012 Budget Adjustments by Fund Budget Amendment # 8 Ordinance 6410 Grand Total - All Funds Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 43,633,003 137,821,900 147,921,880 33,533,023 BA#6 (Adopted ordinance #6379)25,060,843 17,672,910 32,741,610 9,992,143 BA#7 (Adopted ordinance #6400)16,016,680 4,900,650 20,844,720 72,610 BA#8 (Proposed ordinance #6410)13,028,961 2,982,116 2,766,896 13,244,181 2012 Revised Budget 97,739,487 163,377,576 204,275,106 56,841,957 Total Resources / Expenditures 261,117,063 261,117,063 May 30, 2012 Prepared by Auburn Financial Planning F:\Budget Directory\2012 Budget\Amendments\BA#8\Budget Adjustments Summary Page 18 of 18ORD.A Page 78 of 151 Schedule B 2012 Appropriations by Fund 2012 Appropriation Authority by Fund Fund 2012 Adopted Budget BA#6 (Ord 6379) BA#7 (Ord 6400) BA#8 (Ord 6410) Total Amendments 2012 Revised Budget General Fund (#001)59,740,738 1,862,750 321,520 3,393,811 5,578,081 65,318,819 Arterial Street Fund (#102)14,980,518 (497,894) 3,216,370 261,324 2,979,800 17,960,318 Local Street Fund (#103)3,250,806 (277,271) 1,021,000 145,545 889,274 4,140,080 Hotel Motel Fund (#104)95,126 (5,274) - 87,280 82,006 177,132 Arterial Street Preservation Fund (#105)1,536,589 412,761 66,500 790,019 1,269,280 2,805,869 Drug Forfeiture Fund (#117)811,937 168,633 - 266,750 435,383 1,247,320 Housing and Community Development Grant Fund (#119)516,876 (54,507) - 31,028 (23,479) 493,397 Recreation Trails Fund (#120)22,577 - - (56) (56) 22,521 Business Improvement Area Fund (#121)97,596 (34,827) - 12,931 (21,896) 75,700 Cumulative Reserve Fund (#122)5,625,564 (369,882) 26,520 2,279,223 1,935,861 7,561,425 Mitigation Fees Fund (#124)2,567,773 78,393 796,640 1,297,346 2,172,379 4,740,152 1998 Library Fund (#229)627,220 (292,062) - (1,304) (293,366) 333,854 2010 Annex A&B Bond Debt Fund (#230)1,696,100 - - 158 158 1,696,258 2010 C&D Local Revitalization Debt Fund (#231)658,300 13,901 - (76,601) (62,700) 595,600 LID Guarantee Fund (#249)53,000 1,087 - 801 1,888 54,888 LID #250 (#250)56,047 - - (118) (118) 55,929 LID #350 (#275)7,200 - - - - 7,200 Municipal Park Construction Fund (#321)2,075,968 18,456,895 324,830 271,104 19,052,829 21,128,797 Capital Improvements Fund (#328)4,128,406 3,282,059 274,470 241,872 3,798,401 7,926,807 Local Revitalization Fund (#330)- 923,007 2,413,390 (643,833) 2,692,564 2,692,564 Golf Course Debt Service Fund (#417)- - 392,100 - 392,100 392,100 Water Fund (#430)14,201,679 5,926,668 6,087,190 1,590,361 13,604,219 27,805,898 Sewer Fund (#431)21,534,044 6,260,255 1,983,510 2,204,787 10,448,552 31,982,596 Storm Drainage Fund (#432)9,766,032 3,368,046 1,607,510 1,935,954 6,911,510 16,677,542 Solid Waste Fund (#434)9,944,536 1,302,924 - 316,493 1,619,417 11,563,953 Airport Fund (#435)1,230,912 336,137 93,320 243,284 672,741 1,903,653 Cemetery Fund (#436)1,088,798 60,431 51,900 25,851 138,182 1,226,980 Golf Course Fund (#437)1,973,188 185,924 - (203,242) (17,318) 1,955,870 Insurance Fund (#501)2,351,869 (156,237) - (7,152) (163,389) 2,188,480 Facilities Fund (#505)4,004,639 645,085 349,290 576,635 1,571,010 5,575,649 Information Services Fund (#518)6,448,867 334,836 391,740 400,053 1,126,629 7,575,496 Equipment Rental Fund (#550)5,932,204 803,831 1,499,530 630,850 2,934,211 8,866,415 Fire Pension Fund (#611)2,822,932 (10,061) - (56,340) (66,401) 2,756,531 Cemetery Endowment Fund (#701)1,606,862 8,145 - (3,737) 4,408 1,611,270 Total 181,454,903 42,733,753 20,917,330 16,011,077 79,662,160 261,117,063 May 30, 2012ORD.A Page 79 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4794 Date: June 12, 2012 Department: Public Works Attachments: Res 4794 Exhibit A - Agreement Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4794. Background Summary: Resolution No. 4794 authorizes the Mayor and City Clerk to execute an Interlocal Agreement for services between the City of Auburn and King County to complete citywide pavement marking maintenance, annual bridge inspections and related repair work, and emergency call-out services with a mximum not to exceed amount of $185,000 annually. Previous contracts with private contractors have been difficult to manage, provided poor customer service, inadequate traffic control, and poor quality control. Since 2008 King County Road Services Division has provided the city with excellent customer service and quality control in their roadway striping and markings services for a competetive price. King County also provides required annual bridge inspections and related maintenance services, and is available for support in the event of an emergency. Staff proposes to continue this productive and effective interlocal agreement. There is $125,000 budgeted for pavement marking improvements in the Street Fund pending the approval of Budget Adjustment #8, $10,000 is budgeted for bridge inspections and emergency call-out services in the Engineering Fund and $50,000 is budgeted for bridge related improvements in the 102 Arterial Street Fund for 2012. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:June 18, 2012 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 80 of 151 RES.A Page 81 of 151 RES.A Page 82 of 151 RES.A Page 83 of 151 Resolution No. 4794 Exhibit A January 25, 2012 Page 1 of 8 INTERLOCAL AGREEMENT FOR PROVISION OF ROAD RELATED MAINTENANCE SERVICES TO BE PERFORMED BY KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made and entered into this ___ day of __________, 2012. The parties (“Parties”) to this Agreement are King County, a political subdivision of the State of Washington ("County") and the City of Auburn, a State of Washington municipal corporation (“City”). RECITALS A. The City owns public roads and traffic devices which require maintenance. B. The City wishes to contract with the County for the performance of certain road maintenance and repair services such as striping and pavement markings; bridge inspections and related maintenance repair; and emergency related maintenance and repair services. C. The County is agreeable to performing the maintenance and repair services on the terms and conditions hereinafter set forth and in consideration of the mutual covenants and agreements herein contained. D. The Parties can achieve cost savings and benefits in the public's interest by having the County perform the maintenance and repair services for the City at the City's expense. E. Pursuant to RCW 39.34, the Interlocal Cooperation Act, the Parties are each authorized to enter into this Agreement. AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. Work 1.1 Scope of Work. The County Road Services Division shall perform the maintenance and repair services described on the attached Exhibit 1, Scope of Work. 1.2 Modification of Work. If the City desires to modify the Scope of Work, it shall notify the County. If the County agrees, the Parties shall prepare an amended Scope of Work, which will be attached hereto as Exhibit 2. The amended Scope of Work shall bear the signature of the Road Services Division Director for the County and the Director of Public Works for the City, authorizing the amended work. 2. County Personnel Standards RES.A Page 84 of 151 Resolution No. 4794 Exhibit A January 25, 2012 Page 2 of 8 The County is acting hereunder as an independent contractor so that: a. County employees performing maintenance and repair services hereunder shall be for all purposes employees of the County; b. Control of County personnel standards of performance, discipline, and all other aspects of employment shall be governed entirely by the County. 3. Compensation 3.1 Costs. The City shall pay the County for actual costs (direct labor, employee benefits, equipment rental, materials and supplies, utilities, permits, and administrative overhead costs) for the maintenance and repair services performed by the County. Administrative overhead costs shall be charged as a percentage of direct labor costs. 3.2 Billing. The County will bill the City for the cost of work performed. The bill will reflect actual costs and administrative overhead, as described in Section 3.1 above. Payments are due within 30 days of the City's receipt of said invoice. 4. Permits The City is responsible for obtaining any permits or other authorizations that may be necessary for the County to perform the maintenance and repair services under this Agreement. 5. County Responsibilities 5.1 County Status. The County will act as a contractor only and will not purport to represent the City professionally. 5.2 County Performance. The County shall perform the maintenance and repair services requested by the City as described in the Scope of Work. The County will furnish all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the maintenance and repair services requested by the City in the Scope of Work. 5.2.1 The County understands that the City has appropriated $185,000 for this work. In order to ensure the City does not exceed its appropriation authority, the City and the County agree that the City will not request, and the County will not perform any work that would result in the County billing the City in excess of this amount until additional funds are appropriated. 5.3 Timing of Work. The County will make every effort to recognize pertinent City deadlines for completion of the requested maintenance and repair services, and will notify the City of any hardship or other inability to perform the work requested, including postponement of work due to circumstances requiring the County to prioritize its resources toward emergency-related work. RES.A Page 85 of 151 Resolution No. 4794 Exhibit A January 25, 2012 Page 3 of 8 6. Duration This Agreement is effective upon signature by both parties, and shall remain in effect until completion of the 2012 work and payment of all sums due hereunder. Either party may terminate this Agreement by a written notice received by the other party at least five business days before the date of termination. 7. Force Majeure The County's performance under this Agreement shall be excused during any period of force majeure. Force majeure is defined as any condition that is beyond the reasonable control of the County, including but not limited to, natural disaster, severe weather conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring right-of-way or other necessary property or interests in property, permitting delays, or any other delay resulting from a cause beyond the reasonable control of the County. 8. Dispute Resolution 8.1 In the event of a dispute between the Parties regarding this Agreement, the Parties shall attempt to resolve the matter informally. 8.2 If the Parties are unable to resolve the matter informally, the matter shall be decided by the Director of the King County Road Services Division and the Public Works Director of the City. If the Parties are unable to reach a mutual agreement, either Party may refer the matter to non-binding mediation. 8.3 Unless otherwise expressly agreed to by the Parties in writing, both the County and the City shall continue to perform all their respective obligations under this Agreement during the resolution of the dispute. 8.4 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agreement. In the event any party deems it necessary to institute legal action or proceedings to ensure any right or obligation under this Agreement, the Parties hereto agree that such action or proceedings shall be brought in a court of competent jurisdiction in King County Washington. 9. Notice Any notice, including notice of termination, or information required to be given to the Parties under this Agreement may be sent to the following addresses unless otherwise specified: City: County: City of Auburn King County Department of Transportation Director of Public Works Roads Services Division RES.A Page 86 of 151 Resolution No. 4794 Exhibit A January 25, 2012 Page 4 of 8 25 W Main Street Division Director Auburn WA 98001-4998 KSC-TR-0313 201 S. Jackson St Seattle, WA 98104-3856 10. Liability The City and the County agree to defend, indemnify and hold harmless each other, their respective officials, agents and employees, from and against any and all claims, damages, injuries, liabilities, actions, fines, penalties, costs and expenses (including reasonable attorney fees) that arise out of or are related to the negligent acts or omissions of the indemnifying party and its officials, agents, employees acting within the course and scope of their employment and in the performance of said Party’s obligations under this Agreement or the exercise of a Party’s rights and privileges under this Agreement. In the event any such liability arises from the concurrent negligence of the indemnifying Party and the other Party, or any of their respective actors, the indemnity obligation of this section shall apply only to the extent of the negligence of the indemnifying Party and its actors. The foregoing provisions specifically and expressly intend to constitute a waiver of each party’s immunity under industrial insurance, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor’s employees. This waiver has been mutually negotiated. 11. Applicable Laws Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 12. Authority Each individual executing this Agreement on behalf of the City and the County represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County. 13. Audits and Inspections The records and documents pertaining to all matters covered by this Agreement shall be retained and be subject to inspection, review or audit by the County or the City during the term of this Agreement and for three (3) years thereafter. 14. Entire Agreement and Amendments This Agreement contains the entire agreement of the parties hereto and supersedes any and all prior oral or written representations or understandings. This Agreement may only be amended by mutual, written agreement between the parties, provided that the Scope of Work may be amended as described in Section 1.2 above. RES.A Page 87 of 151 Resolution No. 4794 Exhibit A January 25, 2012 Page 5 of 8 15. No Third Party Rights Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third party. 16. Waiver of Breach Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 17. Headings The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 18. Invalid Provisions If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last written below. KING COUNTY CITY OF AUBURN __________________________ __________________________ King County Executive City Mayor _________________________ __________________________ Date Date Approved as to Form Approved as to Form __________________________ __________________________ RES.A Page 88 of 151 Resolution No. 4794 Exhibit A January 25, 2012 Page 6 of 8 King County Deputy Prosecuting City Attorney Attorney RES.A Page 89 of 151 Resolution No. 4794 Exhibit A January 25, 2012 Page 7 of 8 EXHIBIT 1 Scope of Work City Striping and Pavement Markings The City requests citywide replacement striping, raised pavement markings (RPMs) and thermoplastics services in 2012. The City will identify specific locations that will be striped twice in 2012. Locations for thermoplastics and raised pavement markings will also be provided by the City. Schedule • Since striping, RPMs and thermoplastics installations are weather dependent services, specific scheduling date(s) will be mutually determined between the City representative, Pablo Para and the County representative, George Dudley. Cost Estimate • Without an accurate inventory of striping, RPMs and thermoplastics in the City, the County is unable to provide a cost estimate. • The City’s budget for these services is $125,000. • The County will therefore do approximately $125,000 worth of striping, RPMs and thermoplastics. • The City agrees that the County cannot guarantee that all striping, RPMs and thermoplastics in the City can be accomplished within the City’s budget. • If the County cannot accomplish all the citywide striping, RPMs and thermoplastics within the City’s budget, the City may increase the budget necessary to complete the requested work. Bridge Inspections and Related Maintenance Repair Work The City requests bridge inspections per the 2012 bridge schedule for eleven city bridges per the National Bridge Inspection Standards as published in the Code of Federal Regulations, 23 CFR 650 Subpart C and the State of Washington Bridge inspection Manual. In addition, the City may requests bridge maintenance repair work under this Agreement as a result of the inspections. The County will provide cost estimates for any maintenance repair work requested by the City. Schedule • The bridge inspections will occur in the summer or fall of 2012. • Any related bridge maintenance repair work will be scheduled as mutually agreed by the County and the City. Cost Estimate RES.A Page 90 of 151 Resolution No. 4794 Exhibit A January 25, 2012 Page 8 of 8 • The cost estimate is approximately $10,000 for the inspections of eleven city-owned bridges in 2012. • The cost estimate for any related bridge maintenance repair work will be provided upon the city’s request to have the County perform such repair work. Emergency Call Out Services The City requests the provision of emergency related maintenance/repair work including, but not limited to the following: • Traffic signal related maintenance/repair work for signal pole knockdowns, signal controller failures, and others. • Bridge maintenance/repair work such as clearing wood and log debris and others. Schedule Emergency call out services will be scheduled and done based on availability of County crews as this service is anticipated to be needed during time of emergency such as a flooding or a storm that may similarly impact County roads and facilities. RES.A Page 91 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4797 Date: June 12, 2012 Department: Public Works Attachments: Res 4797 Amendment No. 1 Exhibit A Exhibit B Resolution No. 4338 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4797. Background Summary: MCI Communications, Services, Inc. (MCI), has applied for an amendment of their current Public Way Agreement No 08-03 which was authorized by Resolution No. 4338 (please see attached document) to include facilities previously authorized under Public Way Agreement No 96-07 which expired on December 16, 2011. MCI and the City agree that combining both agreements would make it easier for them to administer the equipment and facilities within the City. This amendment is for existing fiber optic conduit in the right of way along the Union Pacific Rail Road (UPRR) between the north and south city limits shown on "Exhibit A". The current Public Way Agreement was reviewed by city staff and the applicant and it was determined that the agreement still meets the needs of the City and the applicant with only minor amendments to the agreement to reflect the addition of the facilities in the right of way along the UPRR. Resolution No. 4797 amends the current agreement, PWA 08-03, to reflect these changes and authorizes MCI's fiber optic conduit to remain in the right-of-way per the conditions set forth in Amendment No. 1 (PWA 08-03A1) upon filing with the City Clerk a Statement of Acceptance which is marked "Exhibit B". O 4.9.1 Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:June 18, 2012 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 92 of 151 RES.B Page 93 of 151 RES.B Page 94 of 151 PWA 08-03A1 May 17, 2012 Page 1 of 2 AMENDMENT NO. 1 ADDENDUM TO PWA 08-03 AGREEMENT BETWEEN MCI COMMUNICATIONS SERVICES, INC. AND THE CITY OF AUBURN RELATING TO PUBLIC WAY AGREEMENT THIS AMENDMENT is made and entered into this day of , 2012, by and between MCI Communications, Services, Inc., a Delaware corporation ("MCI”) and the CITY OF AUBURN, a municipal corporation of the State of Washington ("CITY"), as an amendment to the Agreement (“2008 Agreement”) between the parties for public way access executed on the 28th day of April, 2008 (PWA 08-03). RECITALS: 1. MCI’s predecessor in interest, WorldCom Network Services, Inc., and the City executed a public right of way agreement (“1996 Agreement”) on December 17, 1996 (PWA 96-07), which agreement allowed MCI to construct, replace, maintain, and use equipment and facilities for an underground fiber optics trunk line within the City. The 1996 Agreement contained a rolling five- year renewal period, the most recent of which expired on December 16, 2011. 2. The parties agree that combining the 1996 Agreement and the 2008 Agreement would make it easier for them to administer the equipment and facilities within the City. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the PARTIES HERETO HEREBY AGREE as follows: 1. Exhibit “A” to PWA 08-03 is amended to include the facilities set forth on Exhibit A to this Amendment. 2. This Amendment, and any rights granted hereunder, shall not become effective for any purpose unless and until MCI files with the City Clerk the Statement of Acceptance within 30 days after the effective date of the resolution approving this Amendment, attached hereto as Exhibit “B” and incorporated herein by reference. The date that the Statement of Acceptance is filed with the City Clerk shall be the effective date of this Amendment. 3. That all other provisions of PWA 08-03 shall remain unchanged, and in full force and effect. RES.B Page 95 of 151 PWA 08-03A1 May 17, 2012 Page 2 of 2 IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day and year first above written. MCI COMMUNICATIONS SERVICES, INC. CITY OF AUBURN By: By: _________________________________ Its: Peter B. Lewis, Mayor Witness: Attest: By: By: _________________________________ Danielle E. Daskam. City Clerk Approved as to form: Approved as to form: ______________________________________ Attorney for MCI Daniel B. Heid, City Attorney RES.B Page 96 of 151 18 18 516 164 167 167 W E S T V A L L E Y H W Y S W S 277TH ST 13 2 N D A V E S E J O VITA BLVD E SE 274TH ST SE 272ND ST M I L I T A R Y R D S ELLINGSON RD SW E A S T V A LLEY H W Y S E SE KENT-K A N G L E Y R D 68 T H A V E S 12 4 T H A V E S E 11 6 T H A V E S E 14 2 N D A V E E 24TH ST E S 272ND ST CE N T R A L A V E S 10 8 T H A V E S E WE S T V A L L E Y H W Y N W 8TH ST E P E A S L E Y C A N Y O N R D S A S T S E WEST V ALLEY HWY SW 12 4 T H A V E S E 24TH ST E S 27 7T H S T SE 272ND ST 9TH ST E 51 S T A V E S 12TH ST E 18 2 N D A V E E AUBURN-B L A C K D I A M O N D R D S E S 288TH ST 21 4 T H A V E E FORES T CANYON RD E 2 1 0 T H A V E E SUMNER-TAPPS HWY E 321ST ST S 16TH ST E A U B U R N - E N U M C L A W R D S S 2 7 2 N D W AY M I L I T A R Y R D S S 272ND ST A U B U R N W A Y N M I L IT A R Y R D S MILITARY RD S A S T S E C S T S W B S T N W I S T N E AU B U R N W A Y S M S T S E AU B U R N W A Y N 12 4 T H A V E S E R S T S E 13 2 N D A V E S E S 277TH ST WE S T V A L L E Y H W Y N C S T N W W MAIN ST 11 2 T H A V E S E E MAIN ST 41ST ST S E 29TH ST SE SE 312TH ST 51 S T A V E S KE RSEY WAY SE 8TH ST NE 37TH ST NW ORAVETZ RD SE M ST NE D S T NW 4TH ST SE LA K E L A N D H I L L S W A Y S E 15TH ST NW A S T N E L A KE TAPPS PK W Y S E WEST VALLEY HWY S LEA HIL L R D S E S 316TH ST 37TH ST NE D S T N E PE ASLEY C A NYON RD S RIV E RWALK D R SE E A S T VA LLEY HWY SE H A R V E Y R D N E 15TH ST NE 15TH ST SW BOUNDARY BLVD SW AUBURN-BLACK DIAMOND RD SE SE 281ST ST TERRACE DR NW ELLINGSON RD SW SUMNER-TAPPS HWY E S E 3 0 4 T H ST 17TH ST SE 6TH ST SE 10TH ST NE 3RD ST NE 12 4 T H A V E S E A S T S E R S T S E MUCKLESHOOT CASINO SUPERMALL LAKE TAPPS KENT KING COUNTY PIERCE COUNTY PACIFIC SUMNEREDGEWOOD ALGONA FEDERAL WAY Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map ID: 3899 MCI Fiber 01,1002,2003,3004,4005,500 FEETCity Hall MCI Fiber (PWA 08-03) MCI Fiber (PWA 96-07) City of Auburn Parks Water Features Printed On: 1/31/2012 RES.B Page 97 of 151 ------------------------------ Resolution No 4797 May 17, 2012 Page 1 of 1 EXHIBIT “B” STATEMENT OF ACCEPTANCE MCI Communications Services, Inc., for itself, its successors and assigns, hereby accepts and agrees to be bound by all terms, conditions and provisions of Amendment No. 1 to PWA 08-03 attached hereto and incorporated herein by this reference. [Grantee] By: Date: Name: Title: STATE OF _______________________) )ss. COUNTY OF ______________________) On this ____ day of _______________, 2012, before me the undersigned, a Notary Public in and for the State of _____________________, duly commissioned and sworn, personally appeared, ______________________ of ________________________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: RES.B Page 98 of 151 RESOLUTION NO4 3 3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC WAY AGREEMENT BETWEEN THE CITY OF AUBURN AND MCI COMMUNICATIONS SERVICES INC WHEREAS MCI Communications Services Inc has applied to the City for a nonexclusive Public Way Agreement for the right of entry use and occupation of certain public rightsofway within the City of Auburn expressly to install construct erect operate maintain repair relocate and remove its facilities in on upon along andor across those rightsofwayand WHEREAS the City has reviewed MCI Communications Services application and determined that the location of MCI Communications Services facilities within the requested rightsofway is in the best interest of the City and the citizens of Auburn NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN KING COUNTY WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Public Way Agreement between the City of Auburn and MCI Communications Services Inc which agreement shall be in Resolution No 4338 March 31 2008 Page 1 of 2 RES.B Page 99 of 151 substantial conformity with the Agreement a copy of which is attached hereto marked as Exhibit 1 and incorporated herein by this reference Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon Dated and Signed this 1 day of 2008 1 P TER B LEWIS MAYOR ATTEST Dani E Daskam City Clerk Resolution No 4338 March 31 2008 Page 2 of 2 RES.B Page 100 of 151 CITY OF AUBURN PUBLIC WAY AGREEMENT WITH MCI COMMUNICATIONS SERVICES INC This Public Way Agreement is entered into by and between the City of Auburn Washington a municipal corporation City and MCI Communications Services Inc a Delaware corporation Grantee WHEREAS Grantee has applied to the City for a nonexclusive Public Way Agreement for the right of entry use and occupation of certain public rightsofwaywithin the City of Auburn expressly to install construct erect operate maintain repair relocate and remove its facilities in on upon along andor across those rightsofwayand WHEREAS the City has reviewed the Grantees application and determined that the location of Grantees facilities within the requested rights ofway is in the best interest of the City and the citizens of Auburn NOW THEREFORE in consideration of the mutual benefits and conditions set forth below the parties hereto agree as follows Section 1 Notice A Written notices to the parties shall be sent by certified mail to the following addresses unless a different address shall be designated in writing and delivered to the other party City RightofWay Manager City of Auburn 25 West Main Street Auburn WA 980014998 Telephone 253 9313010 Fax 253 9313048 with a copy to City Clerk City of Auburn 25 West Main Street Auburn WA 980014998 Grantee MCI Communications Services Inc Attn Manager Municipal Affairs 2400 N Glenville Dr Richardson TX 75082 Resolution No 4338 Exhibit 1 April 15 2008 Page 1 RES.B Page 101 of 151 With a copy to Verizon Business Legal and External Affairs Attn Associate General Counsel 205 North Michigan Ave Sixth Floor Chicago IL 60601 B Any changes to the abovestated Grantee information shall be sent to the Citys RightofWay Manager with copies to the City Clerk referencing the title of this agreement C The abovestated Grantee voice and fax telephone numbers shall be staffed at least during normal business hours of 8 AM to 5 PM Pacific Standard time Section 2 Grant of Right to Use Public Way A Subject to the terms and conditions stated herein the City grants to the Grantee general permission to enter use and occupy the rightsofway specified in Exhibit A attached hereto and incorporated by reference the Public Way The Grantee shall place Grantee Facilities within the City Conduit Route set forth in Exhibit A unless the Grantee determines that the route is impracticable for such use in which case the Grantee shall place Grantee Facilities within the Qwest Conduit Route set forth in Exhibit A Should the Grantee and the City agree that neither of these routes are practicable the Grantee shall place Grantee Facilities along an alternate route within the Public Way which may consist of the New Conduit Route set forth in Exhibit A or a mutually agreeable route including a portion of the New Conduit Route and portions of the City and Qwest Conduit Routes the use of which shall be on terms mutually agreeable between the conduit owner and the Grantee The routes shall be subject to the following additional terms 1 City Conduit Route Should the Grantee choose to make use of existing City conduit the City shall then make one 1 conduit of one and one quarter inches 1 14 in size available to Grantee along that route at a rate of ThirtyFive Cents 035 per lineal foot of conduit per year The Grantee shall place for the City a mutually agreed upon amount of twentyfour 24 strand optical cable into City conduit along the route For those portions of the City Conduit Route in which the Grantee will construct new conduit the Grantee shall construct for the City and connect to existing City conduits one 1 three inch 3 conduit along with related structures necessary to access the conduit New City Conduit that shall be in addition to any conduits to be owned or used by Grantee The New City Conduit is provided as consideration for leasing existing City conduit and is not subject to the provisions of RCW 3599070 The parties Resolution No 4338 Exhibit 1 April 15 2008 Page 2 RES.B Page 102 of 151 agree to negotiate in good faith an agreement encompassing the terms of this subsection and any other mutually agreeable terms 2 Qwest Conduit Route Should the Grantee choose to make use of Qwests existing conduit and should the Grantee be constructing new conduit along any portion of that route the City may require the Grantee to install for the City one 1 three inch 3 conduit along with related structures necessary to access the conduit The Grantee shall charge its incremental costs in installing said conduit to the City Conduit provided pursuant to this subsection is subject to the provisions of RCW 3599070 and the parties agree that they shall negotiate in good faith an agreement meeting the requirements of RCW 8036150 that establishes the incremental costs of providing the new City conduits the specific equipment required by the City and any other terms mutually agreeable to the parties or required under RCW 3599070 3 New Conduit Route Should the Grantee choose to construct new conduit along the New Conduit Route the Grantee shall install for the City one 1 three inch 3 conduit along with related structures necessary to access the conduit The Grantee shall charge its incremental costs in installing said conduit to the City Conduit provided pursuant to this subsection is subject to the provisions of RCW 3599070 and the parties agree that they shall negotiate in good faith an agreement meeting the requirements of RCW 8036150 that establishes the incremental costs of providing the new City conduits the specific equipment required by the City and any other terms mutually agreeable to the parties or required under RCW 3599070 4 Alternate Route Should the Grantee and the City agree to an alternate route using portions of the City Conduit Route the Qwest Conduit Route andor the New Conduit Route the terms of the New Conduit Route shall apply to all newly constructed conduit along the alternate route and the Grantee shall provide optical cable to the City along the alternate route per the provisions of the City Conduit Route B The Grantee is authorized to install remove construct erect operate maintain relocate and repair the facilities specified in Exhibit B attached hereto and incorporated by reference and all necessary appurtenances thereto Grantee Facilities for provision of lawful communications including without limitation long distance voice and data communications and other lawful communications as disclosed to the City from time to time Grantee Services in along under and across the Public Way for the sole purpose of providing commercial utility or telecommunications services to persons or areas outside the City C This Public Way Agreement does not authorize the use of the Public Way for any facilities or services other than Grantee Facilities and Resolution No 4338 Exhibit 1 April 15 2008 Page 3 RES.B Page 103 of 151 Grantee Services and it extends no rights or privilege relative to any facilities or services of any type including Grantee Facilities and Grantee Services elsewhere within the City D This Public Way Agreement is nonexclusive and does not prohibit the City from entering into other agreements including Public Way Agreements impacting the Public Way unless the City determines that entering into such agreements interferes with Granteesright set forth herein E Except as explicitly set forth herein this Public Way Agreement does not waive any rights that the City has or may hereafter acquire with respect to the Public Way or any other City roads rightsofway property or any portions thereof This Public Way Agreement shall be subject to the power of eminent domain and in any proceeding under eminent domain the Grantee acknowledges its use of the Public Way shall have no value F The City reserves the right to change regrade relocate abandon or vacate the Public Way If at any time during the term of this Public Way Agreement the City vacates any portion of the Public Way the City shall reserve an easement for public utilities within that vacated portion pursuant to RCW 3579030 within which the Grantee may continue to operate the Grantee Facilities under the terms of this Public Way Agreement for the remaining period set forth under Section 3 G The Grantee agrees that its use of Public Way shall at all times be subordinated to and subject to the City and the publics need for municipal infrastructure travel and access to the Public Way except as may be otherwise required by law H Should the Grantee seek to services including Grantee Services to Grantee shall apply for obtain and comply agreement for such use Section 3 Term of Agreement use the Public Way to provide City residents or businesses the with the terms of a City franchise A This Public Way Agreement shall run for a period of five 5 years from the date of execution specified in Section 5 B Renewal Option of Term The Grantee may renew this Public Way Agreement for an additional five 5 year period upon submission and approval of the application specified under ACC 2004120 as it now exists or is amended within the timeframe set forth therein currently 180 to 120 days prior to expiration of the thencurrent term Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current Resolution No 4338 Exhibit 1 April 15 2008 Page 4 RES.B Page 104 of 151 application and the Grantee shall only submit those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services or to reflect specific reporting periods mandated by the ACC Section 4 Definitions For the purpose of this agreement ACC means the Auburn City Code Emergency means a condition of imminent danger to the health safety and welfare of Persons or property located within the City including without limitation damage to Persons or property from natural consequences such as storms earthquakes riots acts of terrorism or wars Maintenance or Maintain shall mean examining testing inspecting repairing maintaining and replacing the existing Grantee Facilities or any part thereof as required and necessary for safe operation Relocation means permanent movement of Grantee facilities required by the City for City purposes and not temporary or incidental movement of such facilities or other revisions Grantee would accomplish and charge to third parties without regard to municipal request RightsofWay means the surface and the space above and below streets roadways highways avenues courts lanes alleys sidewalks easements rightsofways and similar public properties and areas Section 5 Acceptance of Public Way Agreement A This Public Way Agreement and any rights granted hereunder shall not become effective for any purpose unless and until Grantee files with the City Clerk 1 the Statement of Acceptance attached hereto as Exhibit C and incorporated by reference 2 all verifications of insurance coverage specified under Section 15 and 3 the financial guarantees specified in Section 16 collectively Public Way Acceptance The date that such Public Way Acceptance is filed with the City Clerk shall be the effective date of this Public Way Agreement B Should the Grantee fail to file the Public Way Acceptance with the City Clerk within thirty 30 days after the effective date of the resolution approving the Public Way Agreement said agreement will automatically terminate and shall be null and void Resolution No 4338 Exhibit 1 April 15 2008 Page 5 RES.B Page 105 of 151 Section 6 Construction and Maintenance A The Grantee shall apply for obtain and comply with the terms of all permits required under ACC Chapter 1224 for any work done upon Grantee Facilities Grantee shall comply with all applicable City State and Federal codes rules regulations and orders in undertaking such work which shall be done in a thorough and proficient manner B Grantee agrees to coordinate its activities with the City and all other utilities located within the Public Way C The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the Public Way and may from time to time pursuant to the applicable sections of this Public Way Agreement require the removal relocation andor replacement thereof in the public interest and safety at the expense of the Grantee D Before commencing any work within the Public Way the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19122 to identify existing utility infrastructure Section 7 Repair and Emergency Work In the event of an emergency the Grantee may commence such repair and emergency response work as required under the circumstances provided that the Grantee shall notify the City RightofWay Manager in writing as promptly as possible before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable The City may act at any time without prior written notice in the case of emergency but shall notify the Grantee in writing as promptly as possible under the circumstances Section 8 Damages to City and ThirdParty Property Grantee agrees that should any of its actions under this Public Way Agreement impairs or damages any City property survey monument or property owned by a thirdparty Grantee will restore at its own cost and expense said property to a safe condition Such repair work shall be performed and completed to the satisfaction of the City Engineer Section 9 Location Preference A Any structure equipment appurtenance or tangible property of a privatelyowned utility other than the Grantees which was installed constructed completed or in place prior in time to Granteesapplication for a permit to construct Resolution No 4338 Exhibit 1 April 15 2008 Page 6 RES.B Page 106 of 151 or repair Grantee Facilities under this Public Way Agreement shall have preference as to positioning and location with respect to the Grantee Facilities However to the extent that the Grantee Facilities are completed and installed prior to new or additional structures equipment appurtenances or tangible property of an earlier privatelyowned utility being installed or completed then the Grantee Facilities shall have priority These rules governing preference shall continue in the event of the necessity of relocating or changing the grade of any such City road or rightofway A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation This Section shall not apply to any City facilities or utilities that may in the future require the relocation of Grantee Facilities Such relocations shall be governed by Section 11 B Grantee shall maintain a minimum underground horizontal separation of five 5 feet from City water facilities and ten 10 feet from above ground City water facilities provided that for development of new areas the City together with Grantee and other utility purveyors or authorized users of the Pubic Way will develop and follow the Public Works Directors determination of a consensus for guidelines and procedures for determining specific utility locations subject additionally to this agreement and to a Franchise agreement should one become necessary Section 10 Grantee Information A Grantee agrees to supply at no cost to the City such information as the Director of Public Works or RightofWay Manager find necessary to coordinate municipal functions with Granteesactivities and to fulfill any municipal obligations under state law Said information shall include at a minimum quarterly statements due on the first day of January April July and October of each year detailing any changes in the information submitted as part of GranteesPublic Way Agreement application as set forth in Exhibit D attached hereto and incorporated by reference asbuilt drawings of Grantee Facilities installation inventory and maps and plans showing the location of existing or planned facilities within the City Said information may be requested either in hard copy andor electronic format compatible with the Citys data base system as now or hereinafter existing including the Citys geographic information Service GIS data base Grantee shall keep the RightofWay Manager informed of its longrange plans for coordination with the Citys longrange plans B The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City Accordingly the parties agree to work together to avoid disclosures of information which would result in economic loss or damage to Grantee because of mandatory disclosure requirements to third persons In the event the parties cannot agree the dispute shall be submitted to the City Hearing Examiner subject to the record before the Resolution No 4338 Exhibit 1 April 15 2008 Page 7 RES.B Page 107 of 151 Hearings Examiner Notwithstanding this option Grantee shall indemnify and hold harmless the City for any loss or liability for costs for attorneys fees because of nondisclosures requested by Grantee under Washingtonsopen public records law provided reasonable notice and opportunity to defend was given to Grantee or Grantee is made aware of the pending of a request or claim Section 11 Relocation of Grantee Facilities A Except as otherwise so required by law Grantee agrees to relocate remove or reroute its facilities at its sole expense and liability and at no expense or liability to the City except as may be required by RCW Chapter 3599 as ordered by the City Engineer for City purposes and upon sixty 60 days written notice from the City Pursuant to the provisions of Section 14 Grantee agrees to protect and save harmless the City from any customer or thirdparty claims for service interruption or other losses in connection with any such change relocation abandonment or vacation of the Public Way B In the event that the Public Way shall become a Primary State Highway as provided by law the State Department of Transportation may order the Grantee to perform or undertake at its sole expense changes to the location of Grantee Facilities so that the same shall not interfere with such state highway and so that such facilities shall conform to such new grades or routes as may be established C If a readjustment or relocation of the Grantee Facilities is necessitated by a request from a party other than the City that party shall pay the Grantee the actual costs thereof Section 12 Abandonment and or Removal of Grantee Facilities A Within one hundred and eighty 180 days of Grantees permanent cessation of use of the Grantee Facilities or any portion thereof the Grantee shall at the Citys discretion either abandon in place or remove the affected facilities B The parties expressly agree that this Section shall survive the expiration revocation or termination of this Public Way Agreement Section 13 Undergrounding A The parties agree that this Public Way Agreement does not limit the Citys authority under federal law state law or the ACC to require the undergrounding of utilities B Whenever the City requires the undergrounding of aerial utilities in the Public Way the Grantee shall underground the Grantee Facilities in the Resolution No 4338 Exhibit 1 April 15 2008 Page 8 RES.B Page 108 of 151 manner specified by the City Engineer and where other utilities are present and involved in the undergrounding project Grantee shall only be required to pay its fair share of common costs borne by all utilities in addition to the costs specifically attributable to the undergrounding of Grantee Facilities Common costs shall include necessary costs for common trenching and utility vaults Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded Section 14 Indemnification and Hold Harmless A The Grantee shall defend indemnify and hold the City and its officers officials agents employees and volunteers harmless from any and all costs claims injuries damages losses suits or liabilities of any nature including attorneys fees arising out of or in connection with the Grantees performance under this Public Way Agreement except to the extent such costs claims injuries damages losses suits or liabilities are caused by the negligence of the City B The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee Facilities caused by maintenance andor construction work performed by or on behalf of the City within the Public Way or any other City road rightofway or other property except to the extent any such damage or loss is directly caused by the negligence of the City or its agent performing such work C The Grantee acknowledges that neither the City nor any other public agency with responsibility for fire fighting emergency rescue public safety or similar duties within the City has the capability to provide trench close trench or confined space rescue The Grantee and its agents assigns successors or contractors shall make such arrangements as Grantee deems fit for the provision of such services The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the Citys failure or inability to provide such services and pursuant to the terms of Section 14A the Grantee shall indemnify the City against any and all third party costs claims injuries damages losses suits or liabilities based on the Citys failure or inability to provide such services D Should a court of competent jurisdiction determine that this Agreement is subject to RCW 424115 then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City its officers officials employees and volunteers the Grantees liability hereunder shall be only to the extent of the Grantees negligence It is further specifically and expressly understood that the indemnification provided herein constitutes the Resolution No 4338 Exhibit 1 April 15 2008 Page 9 RES.B Page 109 of 151 Citys and Grantees waivers of immunity under Industrial Insurance Title 51 RCW solely for the purposes of the indemnifications set forth in this Section 14 This waiver has been mutually negotiated by the parties The provisions of this section shall survive the expiration or termination of this Agreement E Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section Section 15 Insurance A The Grantee shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with activities or operations performed by or on the Grantees behalf with the issuance of this Agreement Grantee shall obtain insurance of the type described below 1 Automobile Liability insurance covering all owned non owned hired and leased vehicles with a minimum combined single limit for bodily injury and property damage of 1000000 per accident Coverage shall be written on Insurance Services Office ISO form or a substitute form providing equivalent liability coverage 2 Commercial General Liability insurance with combined single limits no less than 1000000 each occurrence 2000000 general aggregate and a 2000000 productscompleted operation aggregate limit Coverage shall be written on ISO occurrence form or equivalent and shall cover liability arising from premises operations independent contractors products completed operations and personal injury and advertising injury and contractual liability Limits can be satisfied by a combination of commercial general liability and Excess Liability There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion collapse or underground property damage The City shall be named as an additional insured as their interest may appear under the Grantees Commercial General Liability insurance policy with respect to the work performed under this Public Way Agreement 3 Professional Liability insurance with limits no less than 1000000per claim and aggregate 4 Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington Employers Liability 1000000 each accidentdiseasepolicy limit Stop Gap Liability included in EmployersLiability Resolution No 4338 Exhibit 1 April 15 2008 Page 10 RES.B Page 110 of 151 B The insurance policies are to contain or be endorsed to contain the following provisions for Automobile Liability and Commercial General Liability insurance 1 The Grantees insurance coverage shall be primary insurance as respects the City Any insurance selfinsurance or insurance pool coverage maintained by the City shall be in excess of the Grantees insurance and shall not contribute with it C Acceptability of Insurers Insurance is to be placed with insurers with a current AM Best rating of not less than AVII D Verification of Coverage Grantee shall furnish the City with original certificates and a copy of the mandatory endorsements including the additional insured endorsement evidencing the insurance requirements of the Grantee before commencement of the work The certificates shall contain a provision stating that the insurer or its authorized representative shall endeavor to provide thirty 30 days prior written notice by certified mail return receipt requested has been given by the City E Grantee shall have the right to selfinsure any or all of the above required insurance F Granteesmaintenance of insurance as required by this Agreement shall not be construed to limit the liability of Grantee to the coverage provided by such insurance or otherwise limit the Citys recourse to any remedy to which the City is otherwise entitled at law or in equity Section 16 Performance Security Pursuant to ACC Chapter 2010 the Grantee shall provide the City with a financial guarantee as specified in ACC Section 2010250 in a form and substance acceptable to the City securing the Granteesfaithful compliance with the terms of this Public Way Agreement Such guarantee shall be in the amount of Fifty Thousand dollars 5000000 Section 17 Successors and Assignees A All the provisions conditions regulations and requirements herein contained shall be binding upon the successors assigns of and independent contractors of the Grantee and all rights and privileges as well as all obligations and liabilities of the Grantee shall inure to its successors assignees and Resolution No 4338 Exhibit 1 April 15 2008 Page 11 RES.B Page 111 of 151 contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned B This public way agreement shall not be leased assigned or otherwise alienated without the express consent of the City by resolution which approval shall not be unreasonably withheld C Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than one hundred twenty 120 days prior to the proposed date of transfer a Complete information setting forth the nature term and conditions of the proposed assignment or transfer b All information required by the City of an applicant for a Public Way Agreement with respect to the proposed assignee or transferee and c An application fee which shall be set by the City plus any other costs actually and reasonably incurred by the City in processing and investigating the proposed assignment or transfer Section 18 Dispute Resolution A In the event of a dispute between the City and the Grantee arising by reason of this Agreement the dispute shall first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this Agreement The officers or representatives shall meet within fifteen 15 calendar days of either partys request for a meeting whichever request is first and the parties shall make a good faith effort to achieve a resolution of the dispute B If the parties fail to achieve a resolution of the dispute in this manner either party may then pursue any available judicial remedies This Public Way Agreement shall be governed by and construed in accordance with the laws of the State of Washington In the event any suit arbitration or other proceeding is instituted to enforce any term of this Agreement the parties specifically understand and agree that venue shall be exclusively in King County Washington The prevailing party in any such action shall be entitled to its attorneys fees and costs of suit which shall be fixed by the judge hearing the case and such fees shall be included in the judgment Section 19 Enforcement and Remedies A If the Grantee shall willfully violate or fail to comply with any of the provisions of this Public Way Agreement through willful intent or gross negligence or should it fail to heed or comply with any notice given to Grantee under the provisions of this agreement the City may at its discretion provide Grantee with written notice to cure the breach within thirty 30 days of notification If the City determines the breach cannot be cured within thirty Resolution No 4338 Exhibit 1 April 15 2008 Page 12 RES.B Page 112 of 151 days the City may specify a longer cure period and condition the extension of time on Grantees submittal of a plan to cure the breach within the specified period commencement of work within the original thirty day cure period and diligent prosecution of the work to completion If the breach is not cured within the specified time or the Grantee does not comply with the specified conditions the Grantee and its successors or assignees shall forfeit all rights conferred hereunder and the Public Way Agreement may be revoked or annulled by the City with no further notification B Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services the City reserves the right to cancel this Public Way Agreement upon thirty days 30 written notice to Grantee and require the Grantee to apply for obtain and comply with all applicable City permits franchises or other City permissions for such actions and if the Granteesactions are not allowed under the Auburn City Code to compel Grantee to cease such actions Section 20 Compliance with Laws and Regulations A This Public Way Agreement is subject to and the Grantee shall comply with all applicable federal and state or City laws regulations and policies including all applicable elements of the Citys comprehensive plan in conformance with federal laws and regulations affecting performance under this Public Way Agreement Furthermore notwithstanding any other terms of this agreement appearing to the contrary the Grantee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Public Way B The City reserves the right at any time to amend this Public Way Agreement to conform to any hereafter enacted amended or adopted federal or state statute or regulation relating to the public health safety and welfare or relating to roadway regulation or a City Ordinance enacted pursuant to such federal or state statute or regulation upon providing Grantee with thirty 30 days written notice of its action setting forth the full text of the amendment and identifying the statute regulation or ordinance requiring the amendment Said amendment shall become automatically effective upon expiration of the notice period unless before expiration of that period the Grantee makes a written call for negotiations over the terms of the amendment If the parties do not reach agreement as to the terms of the amendment within thirty 30 days of the initial notice the City may enact the proposed amendment by incorporating the Granteesconcerns to the maximum extent the City deems possible Resolution No 4338 Exhibit 1 April 15 2008 Page 13 RES.B Page 113 of 151 C The City may terminate this Public Way Agreement upon thirty 30 days written notice to the Grantee if the Grantee fails to comply with such amendment or modification Section 21 License Tax and Other Charges This Public Way Agreement shall not exempt the Grantee from any future license tax or charge which the City may hereinafter adopt pursuant to authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of public ways Section 22 Consequential Damages Limitation Notwithstanding any other provision of this Agreement in no event shall either party be liable for any special incidental indirect punitive reliance consequential or similar damages Section 23 Severability If any portion of this Public Way Agreement is deemed invalid the remainder portions shall remain in effect Section 24 Titles The section titles used herein are for reference only and should not be used for the purpose of interpreting this Public Way Agreement DATED and SIGNED this l day of 2VY PETER B LEWIS MAYOR Resolution No 4338 Exhibit 1 April 15 2008 Page 14 RES.B Page 114 of 151 ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM dniel B Heid ity Attorney Resolution No 4338 Exhibit 1 April 15 2008 Page 15 RES.B Page 115 of 151 I11111111111IYICI New Conduit Route 111111111111Qwest Conduit Route City Conduit Route Resolution No 4338 Exhibit IAA pq 1 i 0 A Z777RES.B Page 116 of 151 F Potential Conduit Route Resolution No 433E Exhibit IAA pJ Z 4 VV AAinQt ti t JON Jew 1 r Qwest tiiA 3rd St Sw 4N Y R NANO fir Z Z 1 a 4 N 16 Jri 64 eicoO OF ie F Fr il GS ILlIyli f s RES.B Page 117 of 151 Exhibit B Resolution No 4338 Grantee Facilities Services MCI Communications Services Inc MCI is a registered telecommunication company authorized to provide long distance services in the State of Washington by the Washington Utilities and Transportation Committee The proposed project will expand MCIs telecommunication network from the Burlington Northern and Santa Fe Railroad rightofway to the existing Qwest Central Office located at 10 Second Street SE The long distance network will not access any customers in the City of Auburn and will merely replace an existing leased third party network from the existing MCI network on the railroad rightofway to the Qwest Central Office Construction will be managed by the City through the utilization of a construction permit RES.B Page 118 of 151 EXHIBIT D Resolution No 4338 APPLICANT INFORMATION Identity of Applicant including all affiliates MCI Communications Services Inc A subsidiary of Verizon Primary contact Name Jeff Markiewicz Municipal Affairs Address 2400 N Glenville Drive Richardson Texas 75082 phone number 9727297575 fax number 9727296700 email address jeffmarkiewicz@verizonbusinesscom Marketing contact Name wwwverizonbusinesscom Address 18772977816 phone number fax number email address Customers using the Applicants Facility Facilities do not provide customer network access points Primary contact Name Address phone number fax number email address Other parties owning lines within the facility No other parties own lines within the MCI facilities Primary contact Name Address phone number fax number email address Version Date 03192008 PUBLIC WAY AGREEMENT Pagel RES.B Page 119 of 151 EXHIBIT D Continued Resolution No 4338 Marketing contact Name Address phone number fax number email address System Information Location and route of the facility Various City streets Exhibit A Location of interconnection with other telecommunication providers Qwest Central Office located at 10 Second Street SE Location of handholds manholes and other potential access points for local customers within 5 miles of city limits MCIslong distance network does not provide access points directly to local customers within 5 miles of the City limits Description of the type of line used to provide the service Fiber Cable etc 24 fiber optic cable Description of the facility conduits ducts size configuration A single 4inch HDPE conduit occupied by 3 125inchsubducts 1 occupied by the cable Number of lines in the facility 1 subduct occupied 2 spare Capacity of the lines 24 fibers Excess capacity number of unused conduits and unused dark fiber 2 125inch subducts spare For existing facilities excess capacity after installation of applicants facilities NA Information about the Service Description of the type of telecommunications services that are or will be provided voice video data etc Long distance telecommunications services as authorized by the Washington Utilities and Transportation Utilities Committee Version Date 03192008 PUBLIC WAY AGREEMENT Page 2 RES.B Page 120 of 151 EXHIBIT "C' STATEMENT OF ACCEPTANCE MCI Communications Services, lnc., for itself, its successors and assigns, hereby accepts and agrees to be bound by all laMul terms, conditions and provisions of the Public Way Agreement attached hereto and incorporated herein by this reference. Date: {. aA-ne STATE OF -TEYffi couNrY orD.ww l" on this fuv ot me the undersigned, a Notary Public in and for,,duly commissioned and sworn, personally appeared,of MCI Communications Services. lnc., the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. lN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. fiR" NOTARY PUBLIC in and for the Tgf , residing at MYCOMMISSION EXPTRESM Version Date: 04/1 5/2008 PUBLIC WAY AGREEMENT Page 15 Services, Inc. cEIJAH.P(NE MY COmTBSOI{ EXPTRES RES.B Page 121 of 151 Performance Bond (Rights-of-Way) Amount: $50.000.00 Bond No. 6547679 KNOW ALL MEN BY THESE PRESENTS: That we, MCI Communications Services. Inc." 2400 North Glenville Drive. Richardson" TX75082 as Principal, and Safeco Insurance Company of America. Safeco Plaza. Seattle. WA 98185 , as Surety, are held and firmly bound City of Auburn. Washington _, as Obligee, in the sum of (Fifty Thousand ) and 00/100 Dollars( $50.000.00 _) for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. WHEREAS, the Ptincipal is required by the City of Auburn, WA code ACC Section 20.10.250, in effect at the effective date of this bond, to post this bond regarding the Public Way Agreement gtanted to MCI Communications Services, Inc. to install, construct, efect, opefate, maintain, repair, relocate and temove its facilities in, on, upon, along and./ot across those right(s)-of-way within the ( City of Auburn, WA ) affected by the installation of fibet optic telecommunications. Facilities shall include, but not be limited to, toadways, cutbs, sidewalks, sewer lines, culvefts, inlet, drzrinage facilities, signs, landscapingr and the like, as a condition for granting agreement between (City of Auburn, WA ) and (MCI Communications Services. Inc. ). WHEREAS, the Obl.igee has agreed to accept this bond as security for performance of Principal's obligations undet said agreement: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall faithfully perform its obligations under said agreement, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and conditions: 1,. In the event of default by the Principal, Obligee shall delivet to Surety a written statement of the details of such default within 30 days after the Obligee shall learn of the same, such notice to be deliveted by cetified mail to address of said Surety as stated herein. 2. This bond may be terminated or canceled by surety by go-g not less than sixty (60) days written notice to the Obligee, stating therein the effective date of such termination or cancellation. Such notice shall not limit or terminate any obligations resulting from default by the Principal that may have accrued under this bond prior to the effective date of such termination. RES.B Page 122 of 151 3. Neithet cancellation nor termination of this bond by Suety, not inability of Principal to file a replacement bond or replacement secutity for its obligations, shall constitute a loss to the Obligee tecoverable undet this bond. 4. No dght of action shall accrue on this bond fot the use of any person, corporation or entity other than the Obligee named herein or the heits, executors, adminisftators ot successors of the Obligee. 5. The aggtegate liability of the surety is limited to the penal sum stated herein regardless of the number of yeats this bond remains in fotce or the amount ot number of claims brought against this bond. This bond shall not bind the Sutety unless it is accepted by the Obtgee by signing below. IN WITNESS WHEREOF, the above bounded Principal and Surety have heteunto signed and sealed this bond effective this 17th day of March , 2008. MCI Communications Senrices, Inc.Safeco Insutance Company of America Accepted by Obligee: (Signature date above - Print Name, Title below) By' J y'Kel Hartnet t'ant Treasurer insurance p MenuelJones, Attorney RES.B Page 123 of 151 POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle. WA 98185 KNOW ALL BY THESE PRESENTSI No. 13030 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a Washington cofporation, does each hereby appoint ******PATRICK BANNON; RACHEL COLE; MENUEL JONES; ERIN M. MARGELIS; MYRNA L. SMITH; BRIAN ST, CLAIR; WaShingtOn, D. C.*I***********xt*f********i****+*+**x*********#t*+*i*************f**iI*************#t***f*I its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to blnd the respective company thereby. lN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE CoMPANY OF AMERICA have each executed and attested these presents this 14th day of September , 2007 STEPHANIE DALEY-WATS,ON,SECRETARY TIM MIKOL.AJEWSKI, SENIOR VICE.PRESIDENT, SUREry CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA, and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SUREry BONDS ... the President, any Vice Presldent, lhe Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or'on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. 'On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (r) The provisions of Article V, Section 13 of the By-Laws, and (li) n copy of ihe po',vei'-oi-aitomey appolniment, executed pursuant ihereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." l, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant therelo, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. lN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation A'Ft^.;Whox- this l'l+1.a^v ot ,L4*2+tl 2o;7 ' ,&p/s,rt-i WU:f-- STEPHANIE DALEY.WATSON, SECRETARY Safeco@ and the Sateco logo are registsred trademarks of Safeco Corporallon. tr--^% Wffi# s-0974/DS 4/05 WEB PDF RES.B Page 124 of 151 ACORD,, CERTIFIcATE oF LIABILITY INSURANCE DATE(MM/DDlYYY' 03/tr/2008 a N N N N z I (J PRODUCER aon nisk services Northeast, rnc. fka non nisk services, rnc. of new York 199 water street New York NY 10038-3551 usA nuo^-p-(866) 283-7L22 FAx-(847) 953-5390 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED lvlcl Communi cati ons Servi ces, Inc. 140 west Street New York NY 10007 usA TNSURERA: American Home ASsurance Co.19380 INSURER B: INSURER C INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDTTIONS OF SUCH POLICIES. ACGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I,TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVI DATE(MM\DD\YY) IOLICY EXPIRATION DATE(MM\DD\YY)LIMITS A ;ENERAL LIABILITY L)J) 5LZ Seneral Li abi l i ty (com 06/30/07 06/30/08 EACH OCCURRENCE $r,, 000,000 ll counmnctel cENERAL LrABrLrry I cr-nrvs ueor ! occun J- DAMACE TO RENTED PREMISES {Ea occurcnce) $1,000,000 Mhu hXP (Anyone person) PERSONAL & ADV INJURY $1,000,000 J CENERAL ACCRECATE $2 , 000 ,000 ! rorrcv ! iJ.$ ! loc PRODUCTS - COMP/OP AGG $2 ,000, 00( A A AUT lF OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS 1606848 luto t-iability verizon 1606849 Auto Liability- verizon cA1606847 luto t-iability- verizon 06/30/07 06/30/07 06/30/07 06/30/08 06/30/08 06/30/08 COMBINED SINCLE LIMIT (Ed accident)$1, 000, 00( E BODILY INJURY ( Per person) F BODILY INJURY (Per accident) tr PROPERTY DAMACE (Per accidert) -l nNvnuro I AUTO ONLY . EA ACCIDENT oTHER THAN EA ACC AUTO ONLY: AGC fo..u* ! .rot*r"oot |-lo.or.t,r'-t f *ru*r,o* EACH OCCURRENCE ACCREGATE WORKARS COMPENSATION AND EMPLOYERS' LIABILITY vc sTAru- | lorH- E.L. EACH ACCIDENT OFFICER-/MEMBER EXCLUDEDI lfyes, de$ribe under SPECIAL PROVISIONS below E.L, DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT OTHER ts- Re: night of way use permit. The city of auburn is included as Additional rnsured as required by written contract. This coverage is primary and non-contributory as required by written contract. CERTIFICATE HOLDER CANCEI,I,ATION ;-43tL E=+ c.ity of Auburn, wA Attn: Amber Mund 25 west Ma'in Street Auburn wA 98001 usA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TtIE EXPIRATION DATE THEREOF,THE ISSUINC INSURERWILL ENDEAVORTO MAIL 30 DAYS WRITTEN NOTICE TO TI-IE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. -M- 9."{.%...' o -'./O4*r -9*+: IACORD 25 (2001/08)ACORD CORPORATION Igf,' RES.B Page 125 of 151 POLICY NUMBER: GL'159-53-12 VERIZON COMMUNICATIONS INC. coMMERcTAL GEN ERAL b,tFi.JU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENEML LIABILITY COVEMGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orsanizatlon(s):Location(sl Of Covered Ooerations AS REQUIRED BYWRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section ll - Who ls An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury'', "property damage" or "personal and advertising injury'' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. O ISO Properties, Inc.,2004 INSURED'S COPY B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "properly damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. cG 20 10 07 04 Page 1 of 1 RES.B Page 126 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4819 Date: June 12, 2012 Department: Public Works Attachments: Res 4819 TIP Project No. 67 - Project Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council to approve an amendment to the 2012-2017 TIP which adds a new Citywide Traffic Signal Safety Improvement Project. Background Summary: The City of Auburn was recently awarded a grant from the Washington State Department of Transportation for $400,000 with no match required to improve safety at various intersections throughout the City. The program distributes funds from SAFETEA-LU's Federal Highway Safety Improvement Program (HSIP). As part of the award, Auburn is required to add the project to the 2012-2017 Transportation Improvement Program (TIP) and the Washington State Transportation Improvement Program (STIP) in order to be eligible to obligate the awarded federal funds. O 4.9.3 Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Backus Staff:Snyder Meeting Date:June 18, 2012 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 127 of 151 RES.C Page 128 of 151 RES.C Page 129 of 151 RES.C Page 130 of 151 ARTERIAL STREET FUND (102)Capital Facilities Plan Six Year Capital Facilities Plan, 2012-2017 Special Revenue Fund Project Title: TIP # 67 Project No:cpxxx Project Type:Intersection Improvement Project Manager:TBD LOS Corridor ID# xx Description: Budget: 2010YTD Actual201110 Budget BudgetExpendituresBudgetBalance - - - - - - - - - - - - Activity: (Previous Yrs)2011 YE 2012 Year EndTotal Project Funding Sources:Prior to 2011Estimate2012 Budget2013 BudgetProject TotalCost Unrestricted Street Revenue - - - - - - Grants (Fed,State,Local)- - 400,000 - 400,000 Traffic Impact Fees - - - - - - REET2 - - - - - - Other - - - - - - - - - 400,000 - 400,000 Capital Expenditures: Design - - 80,000 - 80,000 Right of Way - - - - - - Construction - - - 320,000 - 320,000 - - - 400,000 - 400,000 TotalExpenditures 20142015201620172012 - 2017Beyond 2017 Funding Sources: Unrestricted Street Revenue - - - - - - Grants (Fed,State,Local)- - - - 400,000 - Traffic Impact Fees - - - - - - REET2 - - - - - - Other - - - - - - - - - - 400,000 - Capital Expenditures: Design - - - - 80,000 - Right of Way - - - - - - Construction - - - - 320,000 - - - - - 400,000 - Grants / Other Sources: This project will implement traffic signal safety improvements at applicable high accident intersections citywide. Improvements at each intersection will include some or all of the following; Flashing Yellow Arrow left turn operations, installation of auxiliary signal heads, new or improved vehicle detection systems, installation of signal head back plates with reflective yellow border tape, countdown pedestrian signal heads, enhanced pedestrian pushbuttons, and new LED signal lamps. Progress Summary: Future Impact on Operating Budget: Total Expenditures: Total Expenditures: Total Funding Sources: Forecasted Project Cost: Citywide Traffic Signal Safety Improvements Budget Amendments Adjusted Budget Total Funding Sources: This project will have no impact on the operating budget for street maintenance. Adopted Budget RES.C Page 131 of 151 ALGONA KINGCOUNTY SUPERMALL 18 4TH ST SE A ST NE F ST SE 5T H S T SW 12TH ST SE L ST SE D ST SE I ST NE D ST SE B ST SE I ST SE O ST SE V CT SE 31ST ST SE SUPERMALL WAY SW F S T SE D ST SE 17TH ST SE O ST NE H ST S E PIKE ST NE D S T S E U ST SE 12TH ST SE 14TH ST SE 15TH ST NE 8TH ST SE F P L N E J ST SE ELM LN SE A ST SW H ST NE F ST SW T ST SE K ST SE 6TH ST NE PIKE PL NEM ST NE14TH ST NE N ST NE L ST SE H ST SE B ST SE RIVERVIEW DR NE16TH ST NE 20TH ST SE PIKE ST NE A PL SE 1 9 TH ST SE D P L S E 26TH ST SE K ST NE N ST SE DEA L S WAY S E G ST NW D ST SE O CT SE 4 TH S T NE 26TH ST SE A ST NW D ST SE U ST SE T ST SE K ST SE DOGWOOD LN SE V ST NE F ST SE PIKE ST SE 21ST ST SE H ST SE 23RD ST SE 8 T H S T N EF ST NW C PL SE J ST S E B ST NW 28TH ST SE R ST NEG ST N W SUPE R M A L L DR SW 3RD ST SE 8TH ST SE H ST SE J CT S E W ES T B LVD (B OEING) PERIMETER RD SW 10TH ST NW I PL NE E AST B L VD (BOEING) CLAY ST NW 11TH ST SE E MAIN ST 2ND ST SW CLAY ST NW F CT SE N DIVISION ST3RD S T NW H ST SE 28TH ST SE 2ND ST NW 26TH ST SE LUND RD SW U ST NE 19TH ST SE 2ND ST SE 4TH ST SE 14T H ST N E 16TH ST SE C ST SE R ST NE4TH ST N E3RD ST N E1ST S T N E 9TH ST SE 2 N D ST N E6TH ST N W K ST NE 3RD ST SW 12TH ST NEB ST NE K ST SE 1ST ST SW 1ST ST NW 1ST ST SE M ST NE 26TH ST SE 4TH PL NEO ST NE G ST SE S ST SE PIKE ST SE S DIVISION ST 14TH PL NE O ST SE 1 S T S T N E3RD S T N E H ST SE 27TH ST SE K ST NE 3 R D ST N E 6 TH S T S E 7T H ST N E D PL SE 1S T S T S E7TH S T N E 1 6 T H ST N E M ST SE 10TH ST NE E ST SE 6TH ST SE G PL SE 4TH ST S W 3RD ST SE PIKE ST SE O ST SE 11TH ST N EN DIVISION ST 3RD ST SE PA R K AV E N E 11TH ST NE 23RD PL S E 7TH ST SE RIVERVIEW DR N EA ST NE 15TH ST SE 2 8 T H ST SE 13TH ST NE2ND S T NE 9TH ST SE B ST NE 7TH ST NE1ST ST SEPARK AV E NE E ST SE 24TH ST SE 18TH ST SE 20TH ST SE 11TH ST SE 8TH ST SE 19TH ST SE 13TH ST SE 14TH ST SE 24TH ST SE 10TH ST NE N ST SE 28TH PL SE CEDAR DR SE 22ND ST SE 21ST ST SE 27TH ST SE 25TH ST SE 6 T H ST N E 5 TH ST S E 7 TH ST S E R PL NE6TH ST NE3RD ST NE C ST SE H ST NW N ST NE9TH ST NE 1ST ST NE2ND ST NE 2ND ST SE HOWARD RD SE 5 T H S T N E 27TH ST SE 28TH ST SE 28TH ST S E 5T H S T N E 5TH ST NE 30TH ST SE 8TH ST SW BIRCH LN SE 1 2 TH S T N E 4TH ST SW H EN RY RD NE 28TH ST SE J ST SE 6TH ST NW 23RD ST SE WESTERN AVE NW 16TH ST NE G ST SE 22ND ST SE 23RD ST SE 24TH ST SE 25TH ST SE 102ND AVE SE 104TH AVE SE H O W A R D R D S E K ST SE L ST SE C ST SE F ST S E E ST SE 104TH PL SE D ST SW F ST NE G S T SE D ST SE C PL SE I ST SE F ST SE F ST SE B ST SE G ST SW 4TH PL SE T ST NEE ST NE L PL SE D S T S E L ST SE TRANSIT RD SW PIKE PL NE B ST SW K ST SE L ST SE H ST SE C ST SE C S T S E R PL SE D ST NE J ST NE H ST SE L ST NE L ST SE I ST NE D ST SE D ST NW ASPEN LN SE 2 1 ST P L SE S ST SE G ST SE 1ST ST NE U S T S E 29TH ST SE SE 320TH S T8TH S T NE C ST SW A U B URN WAY S A ST SE 1 5T H ST SW E M A I N S THARVEY RD NEW MAIN ST I ST NE15TH ST NW 3RD ST NW 3RD ST NE 17TH ST SE 4TH S T SE RIVERWALK DR SE AUBURN-BLACK DIAMOND RD SE RIVERWAL K D R SE A ST NW R ST SE A ST NE 15TH ST SW M ST SE M ST SE 14TH ST NWB ST NW 15TH ST NE 3 R D ST SW AUB U R N W A Y S 1 0 TH S T N E R ST SE R ST S E AUBURN WAY N BOUNDARY BLVD S W C S T S W C ST SW D ST NEA ST NE 6TH ST SE M ST NE C S T SW R ST SE C ST NW R S T S E 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: 3839Printed On: 10/26/11 Signal Safety Improvements 0 300 600 900 1,200 1,500 FEETProposed Traffic Signal Improvements City of Auburn Parks Water Features HSIP City Safety Program (2009-2015) 167 1675 18 18 KENT KINGCOUNTY PIERCECOUNTY EDGEWOOD SUMNER FEDERALWAY PACIFIC DESMOINES A ST SE C ST SW B ST NW I ST NE AUBURN WAY S M ST SE AUBURN WAY N 124TH AVE SE R ST SE 132ND AVE SE S 277TH ST WEST VALLEY HWY N C ST NW W MAIN ST 112TH AVE SE E M AI N ST 4 1 S T S T S E 29TH ST SE SE 312TH ST 51ST AVE S K E RSEY WAY SE 8TH ST NE 37TH ST NW LAKELA N D H I L L S W A Y S E 15TH ST NW LAKE TAPPS PKWY SE R ST SE SE 256TH ST SE 240TH ST STATE RTE 161 132ND AVE SE 116TH AVE SE PACIFIC HWY S S 336TH ST SE 272ND ST 68TH AVE S J O V I T A BLVD E 124TH AVE SE K E N T-DES MOINES RD S CENT RAL AVE S 36TH AVE S S 277TH ST S 288TH ST 4TH AVE N S E 2 7 4 T H S T S 240TH ST E VALLEY HWY E S 272ND ST S 260TH ST 148TH AVE SE M I L I T A R Y R D S S 32 4 TH S T CANYON DR SE 16TH AVE S SE 272ND STS 272ND ST MILITARY RD S 21 4 T H A V E E SE 240TH ST AUBURN-ENUMCL A W R D S 9TH ST E S 288TH ST 182ND AVE E S E L A K E HOLM RD E N C H A N T E D P K W Y S SE 304TH ST 2ND ST E S T U CK RIVER D R SE 53RD ST SE SE 320TH ST 37TH ST SE M ST NE SE 2 8 4 TH ST 4 6 T H P L S 17TH ST SE S 296TH ST PERIMETER RD SW ACADEMY D R S E W ST NW S 287TH ST SCENIC DR SE56TH AVE S S 300TH PL 144TH AVE SE F ST SE H ST SE B ST SE FOSTER AVE SE 1 0 5 T H P L S E SE 310TH ST S 305TH ST 127TH PL SE R ST NW 108TH AVE SE RES.C Page 132 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4823 Date: June 12, 2012 Department: Planning and Development Attachments: Res 4823 Gray Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Resolution No. 4823. Background Summary: The City of Auburn is responsible for the establishment and modification of physical property addresses within the municipal limits of the City of Auburn. Consistent and logical addressing is necessary for ensuring expedient and accurate emergency service response. Chapter 12.52 (Street Names) of the Auburn City Code establishes the standards for street names. It states that the Building Official has authorization to establish street naming and addressing standards and that the City is divided into quadrants for which standards are established. Main Street and Division Street are designated as the axis that creates the quadrants. Additional standards are established that define how a suffix for each street is established (e.g. A Street "NE"). Chapter 15.52 (Building Numbering) of the Auburn City Code establishes the rules and procedures for assigning building numbers and designates the Building Official as the local responsible official for enforcement of the adopted standards. It states that the Building Official has the authority to establish standards and procedures for assigning building numbers that are logical and consistent throughout the City. Previous Building Officials have developed administrative guidelines and procedures for address assignment that have been updated periodically as needed and that are used by City staff to assist in the setting or modification of addresses. Errors or inconsistencies in addressing may occur as a result of historical address assignment, annexations that occurred which incorporated properties addressed under County protocols, human error or addresses that were established prior to the adoption of addressing protocols. Several years ago, the City discovered addressing errors in the Lakeland area during a public safety response. At the Mayor's direction, staff conducted a review of addresses in Lakeland and identified and corrected erroneous address assignments. Subsequent to this effort, the Mayor directed staff to conduct a comprehensive review of all addresses citywide to identify potential address inaccuracies AUBURN * MORE THAN YOU IMAGINEDRES.D Page 133 of 151 or inconsistencies that posed a significant public safety response issue. Staff from all City departments plus a representative from the Valley Regional Fire Authority convened as the Addressing Committee. This Committee conducted the aforementioned comprehensive review with the overall goal of identifying erroneous or inconsistent addresses that absolutely needed to be changed to ensure correct and timely public safety response by police responders or fire responders or emergency medical services responders or all responders. As such, while the Committee started with an initial larger number of addresses that warranted potential consideration, it ultimately identified a limited number of address changes that needed to be made based on concurrence from all reviewers that there was a significant public safety concern for each of them. Following its identification of those addresses absolutely warranting change for public safety response purposes, the Addressing Committee forwarded its recommendations to the Department Directors and the Valley Regional Fire Authority Administrator. The Directors and the Administrator met and reviewed all proposed address changes before submitting to the Mayor their recommended address changes totaling 141 addresses. On February 14, 2011, staff presented the proposed address changes to the Planning and Community Development Committee for review and discussion. At the conclusion of this discussion, the Committee requested staff conduct public outreach to affected properties inclusive of public meetings. Following the February 14, 2011 Planning and Community Development Committee meeting, staff assembled the list of affected property owners and prepared a letter and accompanying map to be sent to each property owner of record pursuant to current County assessment records. On March 14, 2011, City staff sent letters to all forty-six affected residential property owners. Each letter provided an aerial photograph that showed the existing and proposed address, explained the implementation strategy, explained the rationale behind the address change, and invited property owners to a March 29, 2011 community meeting. On March 15, 2011 letters were sent to all fourteen affected commercial property owners. Each letter provided an aerial photograph that showed the existing and proposed address, explained the implementation strategy, explained the rationale behind the address change, and invited property owners to a March 30, 2011 community meeting. On March 21, 2011 letters were sent to all twenty- four businesses that had a valid and current business license on record that were occupying an affected commercial property. Letters were sent to business owners in order to ensure that they were notified of the potential change in address so that they could make appropriate arrangements to update documentation, licenses, marketing materials, and/or letterhead. Recipients of this letter were also invited to the March 30, 2011 community meeting. On March 30, 2011 a community meeting was held at Dick Scobee Elementary School at 7:00 p.m. The meeting was staffed by the Mayor, Planning & Development Department staff, Valley Regional Fire Authority staff, Police Department staff and Community Services staff. Twenty-three property owners attended this meeting which was targeted towards affected residential property owners. Of the twenty-three AUBURN * MORE THAN YOU IMAGINEDRES.D Page 134 of 151 property owners, six spoke about changes in the neighborhood of 4 th Pl. NE, two spoke about changes in the Alpine Drive neighborhood, one spoke about changes at H Street, and one spoke about changes at M Place. Residents of the 4th Pl. NE neighborhood also provided a petition in opposition of any address changes that was signed by all seven affected property owners. City staff recorded comments and concerns of the meeting attendees. On March 31, 2011 a community meeting was held at Dick Scobee Elementary School at 7:00 p.m. The meeting was staffed by representatives from the Planning & Development Department, Police Department, Community Services and Valley Regional Fire Authority. Five property owners attended this meeting which was targeted towards affected commercial property owners. All attendees were in opposition of the change and generally concurred that if it had to happen the timing was poor due to the economic climate. City staff recorded the comments and concerns of the meeting attendees. Staff from the Police Department and Valley Regional Fire Authority attended all three public meetings and were able to provide an emergency services perspective to the proposed address changes. As a follow up to each community meeting, City staff prepared summary notes of the comments provided at each meeting and emailed them to meeting attendees on April 20, 2011. Staff received suggested changes were received from one of the residential property owners. The suggested changes were incorporated into a revised set of notes which were then emailed back out on April 22, 2011. On April 22, 2011 follow up letters were sent to all affected residential and commercial property owners, as well as the list of business license holders who were occupying an affected commercial property. The letter informed recipients that a second public meeting had been scheduled for May 3, 2011 for those who were unable to attend the March meetings or for those who wanted to raise additional points that had not been made during the earlier meetings. On May 3, 2011 a community meeting was held at Terminal Park Elementary School at 7:00 p.m. The meeting was staffed by representatives from the Planning & Development, Police Department, Community Services and Valley Regional Fire Authority. One property owner attended the meeting and provided comments. City staff recorded the comments and concerns of this meeting attendee. On June 30, 2011 staff from the Police Department, Planning and Development Department and Valley Regional Fire Authority convened for the purposes of discussing the public input that was received and how it pertained to the proposed address changes. Subsequent to this meeting, staff conducted a substantive review of all the address changes inclusive of conducting field inspections of all affected properties, holding additional Addressing Committee meetings and multiple consultations with the Department Directors and VRFA Administrator. Staff reported back to the Planning and Community Development Committee at its February 27, 2012 regular meeting at which time the Committee Chair authorized the receipt of public input from some of the affected property owners. The Planning and Community Development Committee continued its discussion on the proposed address changes to its March 26, 2012 meeting at which time the Committee chair authorized the AUBURN * MORE THAN YOU IMAGINEDRES.D Page 135 of 151 receipt of additional public comment from some of the affected property owners. At the March 26, 2012 meeting, staff requested additional time before coming back to the Committee to investigate potential implementation strategies that could potentially mitigate some of the impacts to affected property owners. At the Committee's May 29, 2012 meeting, staff reported that the potential implementation strategies consisting of a possible two year effective period and an address assistance change payment were not available. Regarding the two year implementation strategy, the City was unable to secure the agreement of the United States Post Office to forward mail for longer than a year. Regarding the address assistance change payment, the City conferred with the State Auditor's Office who determined that the City could not pursuant to state law provide this type of payment. On May 29, 2012 the Planning and Community Development Committee meeting recommended to the full City Council approval of Resolution No. 4823. The Finance Committee reviewed Resolution No. 4823 at its June 4, 2012 meeting. Pursuant to Section 15.52.055 (Changing a building number - Procedures) of the Auburn City Code, a public hearing before the Auburn City Council has been scheduled for June 18, 2012 - concurrent with the City's consideration of Resolution No. 4823. Pursuant to this code section, staff mailed written n otice of the public hearing to all potentially affected property owners, utility providers, the U.S. Postal Service, and any other appropriate outside service agencies as determined by the Building Official on June 6, 2012 . The City Clerk published legal notice in the June 7, 2012 edition of the Seattle Times. Following any decision by the City Council to approve Resolution No. 4823, several implementation strategies to minimize impact to affected property owners will be conducted inclusive of: A. One Year Implementation Period : Resolution No. 4823 shall be effective and in full force one (1) year from its initial passage date to provide affected property owners adequate time to prepare for their address change. B. Written Notice to Affected Property Owners : Upon adoption of the Resolution, written notification to all affected property owners will be conducted to provide owners with information on the effective date for their address change, instructions that they will need to make necessary adjustments to billing accounts, letterhead, checkbooks, etc and contact information for questions or information needs. C. Written Notice to Other Agencies and Companies : Upon adoption of the Ordinance, written notification of the address changes will be conducted to all pertinent governmental agencies such as the County Assessor Departments, the U.S. Postal Service, City Departments, Valley Regional Fire Authority, Puget Sound Energy, School Districts, Utility Districts, telecommunication providers, mapping companies, solid waste disposal purveyors, etc. AUBURN * MORE THAN YOU IMAGINEDRES.D Page 136 of 151 D. Field Verification : In the final ninety (90) days of the one (1) year period before the Resolution shall take effect, a field survey will be conducted by City staff in order to determine which addresses have been updated and which have not. Where it is determined that the numbers have not been updated, City staff will provide a written reminder to the responsible property owner (s) to remind them of the need to update their address and will offer information and assistance to affected property owners as needed or requested. O 4.9.2 Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal Councilmember:Backus Staff:Snyder Meeting Date:June 18, 2012 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 137 of 151 RES.D Page 138 of 151 RES.D Page 139 of 151 RES.D Page 140 of 151 RES.D Page 141 of 151 RES.D Page 142 of 151 RES.D Page 143 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4825 Date: June 12, 2012 Department: Public Works Attachments: Res 4825 Budget Impact: $0 Administrative Recommendation: Finance Committee recommend City Council adopt Resotuion 4825. Background Summary: Staff recommends the surplus of the following equipment: 6903B 1998 International Vactor Truck, VIN 1HTGGAHT3XH643522, Fixed Asset Number 55000 6903B The Vactor unit is 14 years old and is past its useful life and has been replaced. It is more cost effective for the City to realize the money from the sale of the vehicle than to continue to allow the general overall condition to deteriorate by sitting idle, further diminishing its resale value. F 4.6.1 Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Dowdy Meeting Date:June 18, 2012 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 144 of 151 RES.E Page 145 of 151 RES.E Page 146 of 151 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4827 Date: June 12, 2012 Department: Public Works Attachments: Res 4827 Exhibit A - Amendment Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4827. Background Summary: Resolution No. 4827 authorizes the Mayor and City Clerk to amend the existing Memorandum of Agreement for traffic maintenance services between the City of Auburn and Pierce County to increase the maximum not to exceed amount from $25,000 annually to $125,000 annually. In 2011 the City of Auburn executed the memorandum of agreement with Pierce County Traffic Services division to provide roadway maintenance south of the White River in order to test the competitiveness and quality of Pierce Counties services as compared to King County. Staff was very pleased with the customer service and quality of work provided by Pierce County and proposes to expand the scope of the agreement to provide for citywide roadway striping services. There is $125,000 budgeted for pavement marking improvements in the Street Fund pending the approval of Budet Adjustment #8. O 4.9 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:June 18, 2012 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F Page 147 of 151 RES.F Page 148 of 151 RES.F Page 149 of 151 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT NO. 11-79192 BETWEEN PIERCE COUNTY AND CITY OF AUBURN REGARDING TRAFFIC MAINTENANCE SERVICES THIS FIRST AMENDMENT to Agreement 11-79192 is entered into between PIERCE COUNTY, a municipal corporation and political subdivision of the State of Washington(herein referred to as "COUNTY"), and CITY OF AUBURN, a municipal corporation of the State of Washington (herein referred to as "CITY"). WHEREAS, the parties hereto have previously entered into Agreement No.11­ 79192 fully executed on July 8, 2011, to establish the rights, duties, and responsibilities of the parties with regards to the traffic maintenance services requested by the CITY; and WHEREAS, the services requested by the CITY costs exceed the estimated amount allowable per calendar year in this agreement; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by each of the parties; IT IS HEREBY AGREED as follows: 1. The COUNTY shall provide the agreed upon requested services to the CITY in accordance with this agreement. 2. The maximum consideration of this agreement shall be increased from $25,000 per calendar year to $125,000 per calendar year for 2012 and 2013. 3. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed, such parties acting by their representatives being there unto duly authorized. Memorandum of Agreement #11-79192 Amendment #1 Page 1 RES.F Page 150 of 151 The parties have executed this Agreement this 5th day of June, 2012. CITY OF AUBURN PIERCE COUNTY Signature Date ROSECUTING ATTORNEY Date form only) Title BUDGET AND FINANCE Date Approved: DEPARTMENT DIRECTOR Date Memorandum of Agreement #11-79192 Amendment #1 Page 2 RES.F Page 151 of 151