HomeMy WebLinkAbout06-18-2012 Agenda Packet
Public Works Committee
June 18, 2012 - 3:30 PM
Annex Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Approval of Minutes*
B. Right-of-Way Use Permit No. 12-15* (Mund)
Approve Amendment to Right-of-Way Use Permit No. 12-15 for Parks, Arts and
Recreation 2012 ArtRageous Event
III.RESOLUTIONS
A. Resolution No. 4797* (Mund)
Committee to discuss Resolution No. 4797 authorizing the Mayor and City Clerk to
Execute an Amendment to the Public Way Agreement No. 08-03 between the City
of Auburn and MCI Communications Services, Inc.
B. Resolution No. 4794* (Para)
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
C. Resolution No. 4827* (Para)
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
IV.DISCUSSION ITEMS
A. Ordinance No. 6408* (Dixon)
An Ordinance of the City Council of the City of Auburn, Washington, Amending
Sections 18.31.200 of the Auburn City Code Relating to Administration of
Architectural and Site Design Review Standards
B. Resolution No. 4825* (Bailey)
A Resolution of the City Council of the City of Auburn, Washington, Declaring
Certain Items of Property as Surplus and Authorizing their Disposal
C. Citizen Requested Street Lights (Dowdy)
Page 1 of 102
D. Capital Project Status Report* (Gaub)
E. Activities Matrix* (Dowdy)
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 2 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes
Date:
June 13, 2012
Department:
Public Works
Attachments:
June 4, 2012 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the June 4, 2012 Public Works
Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:June 18, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 102
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
CA.A Page 4 of 102
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
CA.A Page 5 of 102
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
CA.A Page 6 of 102
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
CA.A Page 7 of 102
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
CA.A Page 8 of 102
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
CA.A Page 9 of 102
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
CA.A Page 10 of 102
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
CA.A Page 11 of 102
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
CA.A Page 12 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Use Permit No. 12-15
Date:
June 12, 2012
Department:
Public Works
Attachments:
Special Conditions
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee approve Amendment to Right-of-Way Use Permit No. 12-15 for
Parks, Arts and Recreation 2012 ArtRageous event.
Background Summary:
The Parks, Arts and Recreation Department has requested an amendment to their previously approved Right-
of-Way Use Permit for street closures for ArtRageous. In addition to the below closures, they have requested
to close East Main Street between Auburn Avenue and Auburn Way from 7:30 am to 7:00 pm. The
intersection at East Main Street and Auburn Avenue is to remain open.
City of Auburn Parks, Arts and Recreation Department has requested a Right-of-Way Use permit for their
ArtRageous Event on Saturday, August 4, 2012. They have previously requested the following closures and
no parking restrictions which were approved on May 7, 2012:
1.Division Street from 1st Street SE to 1st Street NE closed from 7:30 am to 7:00 pm on August 4, 2012.
Emergency and jail access will be maintained.
2.Main Street from A Street NW to Auburn Avenue NE from 7:30 am to 7:00 pm on August 4, 2012.
3.D Street NE from E Main Street to 1st Street NE from 7:30 am to 7:00 pm on August 4, 2012.
4.Place temporary "No Parking on Saturday, August 4, 2012 from 5:00 am to 7:00 pm" signs on all
requested street closure locations.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Mund
Meeting Date:June 18, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 13 of 102
Right-of-Way Use Permit Special Conditions
for ROW Use Permit 12-15
Staff recommends approval of the permit, subject to the following
conditions:
1. Applicant’s failure to comply with any provisions/conditions of this
permit shall be terms for immediate termination.
2. Applicant shall comply with the City’s nuisance code under ACC 8.12
3. Applicant shall keep the public ROW free of litter and drink or food
waste.
4. The City reserves the right to adjust the terms and conditions or revoke
this Right-of-Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use
of the ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact
the public interest, as follows:
i. The remaining capacity of the rights-of-way to accommodate
other uses if the applicant’s proposed use is granted.
ii. The effect, if any, on public health, safety, and welfare if the
authorization is granted.
iii. Such other factors as may demonstrate that the grant to use
the rights-of-way will serve the community interest.
5. Applicant is to ensure emergency access and jail access is maintained.
CA.B Page 14 of 102
CA.B Page 15 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4797
Date:
June 8, 2012
Department:
Public Works
Attachments:
Resolution No. 4797
Amendment No. 1
Exhibit A
Exhibit B
Resolution No. 4338
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to recommend that the 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".
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Mund
Meeting Date:June 18, 2012 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 16 of 102
--------------------------------------
Resolution No. 4797
May 17, 2012
Page 1 of 2
RESOLUTION NO. 4797
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE PUBLIC WAY AGREEMENT
NO. 08-03 BETWEEN THE CITY OF AUBURN AND
MCI COMMUNICATIONS SERVICES, INC.
WHEREAS, the City and MCI Communications Services, Inc. (“MCI”)
entered into Public Way Agreements in 1996 (PWA 96-07) and 2008 (PWA 08-
03); and
WHEREAS, the 1996 Agreement has a rolling five-year renewal period,
which period expired December 16, 2011; and
WHEREAS, it is in the public interest for the parties to enter into an
amendment to PWA 08-03 to combine all of MCI’s equipment and facilities into
one Public Way Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and the Auburn City Clerk are hereby
authorized to execute an amendment to PWA 08-03 between the City of Auburn
and MCI Communications Services, Inc. which amendment shall be in
substantial conformity with the agreement hereto, marked as Amendment No. 1
and incorporated herein by this reference.
RES.A Page 17 of 102
--------------------------------------
Resolution No. 4797
May 17, 2012
Page 2 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2012.
CITY OF AUBURN
_______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
RES.A Page 18 of 102
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.A Page 19 of 102
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.A Page 20 of 102
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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.A Page 21 of 102
------------------------------
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.A Page 22 of 102
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.A Page 23 of 102
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.A Page 24 of 102
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.A Page 25 of 102
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.A Page 26 of 102
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.A Page 27 of 102
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.A Page 28 of 102
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.A Page 29 of 102
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.A Page 30 of 102
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.A Page 31 of 102
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.A Page 32 of 102
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.A Page 33 of 102
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.A Page 34 of 102
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.A Page 35 of 102
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.A Page 36 of 102
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.A Page 37 of 102
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.A Page 38 of 102
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.A Page 39 of 102
I11111111111IYICI New Conduit Route
111111111111Qwest Conduit Route
City Conduit Route
Resolution No 4338
Exhibit IAA pq 1
i
0
A Z777RES.A Page 40 of 102
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
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16
Jri 64
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OF
ie F Fr il
GS ILlIyli
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RES.A Page 41 of 102
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.A Page 42 of 102
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.A Page 43 of 102
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.A Page 44 of 102
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.A Page 45 of 102
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.A Page 46 of 102
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.A Page 47 of 102
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.A Page 48 of 102
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.A Page 49 of 102
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.A Page 50 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4794
Date:
June 12, 2012
Department:
Public Works
Attachments:
Resolution No. 4794
Exhibit A - Agreement
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to recommend the City Council 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:Para
Meeting Date:June 18, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 51 of 102
Resolution No. 4794
January 25, 2012
Page 1 of 3
RESOLUTION NO. 4794
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
WHEREAS, the City of Auburn owns public roads and traffic devices which
require periodic maintenance and/or other improvements; and
WHEREAS, King County Road Services Division is in a position to
provide certain emergency services, bridge inspections, maintenance and road
improvements services for the City at a cost that is advantageous to the City;
and
WHEREAS, the City wishes to contract with the King County Road Services
Division for such emergency, bridge inspections, maintenance and road
improvements services; and
WHEREAS, such a contract would benefit both the City and the County
by cost savings to the City and a fuller utilization of County equipment at a fair rate
of compensation; and
WHEREAS, the proposed Agreement establishes the City’s role and
responsibilities as the recipient of such services and the County’s role and
responsibilities as the provider of such services; and
WHEREAS, the parties are authorized by Chapter 39.34 of the Revised
Code of Washington to enter into an interlocal cooperation agreement of this
nature.
RES.B Page 52 of 102
Resolution No. 4794
January 25, 2012
Page 2 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to
execute an Interlocal Agreement with King County, in substantial conformity
with the agreement attached hereto, marked as Exhibit “A” and incorporated
herein by this reference.
Section 2. That the Mayor and City Clerk are authorized to implement
such other administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of ________________, 2012.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
RES.B Page 53 of 102
Resolution No. 4794
January 25, 2012
Page 3 of 3
_____________________
Daniel B. Heid,
City Attorney
RES.B Page 54 of 102
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.B Page 55 of 102
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.B Page 56 of 102
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.B Page 57 of 102
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.B Page 58 of 102
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.B Page 59 of 102
Resolution No. 4794
Exhibit A
January 25, 2012
Page 6 of 8
King County Deputy Prosecuting City Attorney
Attorney
RES.B Page 60 of 102
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.B Page 61 of 102
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.B Page 62 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4827
Date:
June 12, 2012
Department:
Public Works
Attachments:
Resolution No. 4827
Exhibit A - Amendment
Budget Impact:
$0
Administrative Recommendation:
Public Work Committee to recommend the City Council 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.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Para
Meeting Date:June 18, 2012 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 63 of 102
Resolution No. 4827
June 6, 2012
Page 1 of 2
RESOLUTION NO. 4827
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
WHEREAS, the City of Auburn owns public roads and traffic devices which
require periodic maintenance and/or other improvements; and
WHEREAS, Pierce County Transportation Services Division is in a
position to provide certain emergency services, maintenance and road
improvements services for the City at a cost that is advantageous to the City;
and
WHEREAS, the City previously entered into a contract with the Pierce
County Transportation Services Division for such emergency, maintenance and
road improvements services; and
WHEREAS, increasing the contract would benefit both the City and the
County by cost savings to the City and a fuller utilization of County equipment at a
fair rate of compensation; and
WHEREAS, the parties are authorized by Chapter 39.34 of the Revised
Code of Washington to enter into an interlocal cooperation agreement of this
nature.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
RES.C Page 64 of 102
Resolution No. 4827
June 6, 2012
Page 2 of 2
Section 1. That the Mayor and City Clerk are hereby authorized to
amend the Memorandum of Agreement, in substantial conformity with the
Amendment attached hereto, marked as Exhibit “A” and incorporated herein by
this reference.
Section 2. That the Mayor and City Clerk are authorized to implement
such other administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of ________________, 2012.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
RES.C Page 65 of 102
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.C Page 66 of 102
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.C Page 67 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6408
Date:
June 13, 2012
Department:
Planning and Development
Attachments:
Memorandum
Ordinance No. 6408
Affidavit of Publication of Hearing Notice
60-Day Review Acknowledgement
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Committee to review Planning Commission's recommendation for proposed zoning code amendment to
ACC Section 18.31.200 related to architectural design review standards and regulations.
See attached.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission
Councilmember:Backus Staff:Dixon
Meeting Date:June 18, 2012 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 68 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6408, Amendment to Auburn City
Code Section 18.31.200 related to architectural and site design review
standards (File No. ZOA12-0003).
Date: June 13, 2012
Department: Planning and
Development
Attachments: See Attachment List
(at end of report)
Budget Impact: N/A
Administrative Recommendation: Public Works Committee to review Ordinance No. 6408 and
Planning Commission’s Recommendation on amendments to Auburn City Code Chapter Section
18.31.200.
Background Summary:
The purpose of this zoning code amendment is to provide a consistent process and rules that apply for
the administration of the city’s existing architectural and site design review standards.
The City has architectural and site design review standards in effect that apply to three distinct
geographical areas of the City and another set that apply throughout the entire City based the specific
land use type. The purpose of these architectural and site design review standards code section is to
provide an administrative process for evaluating the design and arrangement of buildings and site
development to ensure quality design of the built environment. The authority for the architectural and
site design review standards (design standards) were previously adopted by the City Council and are
consistent with, and implement the policies of the Comprehensive Plan. The design standards are
illustrated by text, figures and photos in each document.
The design standards applicable to each geographic area are unique and found in separate documents
that apply only to that area or type of land use project. The requirement for implementation of the design
standards is found in various sections of the zoning code.
As these design standards were adopted at different times and over a period of years there is not a
uniform set of regulations to administer the design standards. The design standards themselves are not
proposed to change through this code amendment.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: June 18, 2012 Item Number:
DI.A Page 69 of 102
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 13, 2012
Page 2 of 7
Findings of Fact
1. In general, the intent of the proposed zoning code amendment is to provide a consistent
process and set of rules for the administration of the city’s existing various architectural
and site design review standards.
2. The purpose of having these architectural and site design review standards is to provide
an administrative process for evaluating the design and arrangement of buildings and
site development to ensure quality design of the built environment. The authority for the
architectural and site design standards (Design Standards) were previously adopted by
the City Council and are consistent with, and implement the policies of the
Comprehensive Plan.
3. The City has architectural and site design standards currently in effect that apply to three
distinct geographical areas of the City and another set of design standards that apply
throughout the entire City based the specific land use type (multiple family or mixed use
developments). The City’s current adopted Design Standards include the following:
• The Downtown Urban Center Design Standards were adopted by Ordinance
No. 6071 in January 2007 to implement the, then new, Downtown Urban Center,
DUC zoning district.
• The Auburn Junction Design Standards were adopted by Ordinance No. 6190
in July 2008 to address the four-block downtown catalyst area.
• Multi-Family and Mixed-Use Development Design Standards were adopted
by the Council Planning and Community Development (PCD) Committee in June
2009 and subsequently amended by the PCD Committee in July 7, 2010.
• The Northeast Auburn Special Planning Area Architectural and Site Design
Standards were adopted by Resolution No. 4756 in December of 2011 as a
condition of the Development Agreement (DA) approved for the Northeast
Auburn /Robertson Properties’ Auburn Gateway Project.
4. Currently, the different design standards are implemented by different sections of the
zoning code. In turn, each of the zoning code sections reference the separate document
containing the specific design standards. The unique design standards for each; is in
each document illustrated by text, figures and photos.
5. The design standards documents themselves will not change through this code
amendment.
6. As these design standards were adopted at different times and over a period of years
there is not a uniform set of regulations to administer each set of the design standards.
DI.A Page 70 of 102
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 13, 2012
Page 3 of 7
7. Near the end of 2011, during the development of the Northeast Auburn Special Planning
Area Architectural and Site Design Standards, it became apparent that the existing sets
of architectural and design standards should have a common set of procedures and
rules for implementation and these should be found in the same code section. The
Northeast Auburn Special Planning Area Architectural and Site Design Standards were
developed with the idea that a future code amendment would be processed to provide
common rules and procedures for administration.
8. The code section ACC 18.31.200 implementing the Multi-Family and Mixed-Use
Development Design Standards contains the most administrative procedures. Some
other code sections which implement design standards don’t contain any administrative
procedures. The code amendment will revise this existing code section ACC 18.31.200
to broaden its scope to apply to all of the design review standards in effect for the City.
9. Amending the code to address all the design review standards and have these
referenced within a single code section would have the following benefits:
• Provide for ease of locating and use by perspective applicants.
• Provide consistency in the administrative process applied to design review
processes of the city.
• Provide guidance for administration of the design review standards where such
regulations do not currently exist.
• Provide uniformity in the administrative provisions for:
o intent and purpose statements,
o exemptions from the design review process,
o timing of the review process,
o submittal requirements,
o decision criteria,
o Planning Director’s ability to review and interpret provisions of the
separate architectural and site design standards documents,
• Provide a process to adjust previous design review approvals; and for appealing
planning director’s decisions on design review decisions.
10. The process for zoning code text amendments is described in ACC 18.68.,
‘Amendments’. In subsection ACC 18.68.020.C it distinguishes between those text
code changes that are “procedural” contrasted with those that are “substantive” and
states:
“For the purposes of this chapter, substantive amendments shall be distinguished
from procedural or administrative amendments in accordance with the following:
"Substantive" matters relate to regulations that define or limit what can be done
in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those
that relate to the process of how an application to take such action must be
pursued (e.g., time limits for applications and appeals, what forms must be used,
and where or how applications must be submitted. Essentially, "procedural" or
DI.A Page 71 of 102
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 13, 2012
Page 4 of 7
"administrative" matters are the mechanical rules by which substantive issues
may be pursued).”
11. The proposed code amendments are “procedural” since they relate to the manner in
which applications related to development are pursued, processed and allowed. The
code amendments do not change the design review standards as they do not define or
limit what can be built or constructed.
12. The code amendments are exempt from environmental review process under the
Washington State Environmental Policy Act (SEPA), specifically Section WAC 197-
11800(19) which exempts the adoption of rules and regulations related to governmental
procedures and containing no substantive standards respecting use or modification of
the environment. Since the proposal is exempt, no threshold determination (decision) is
required.
13. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on March 30, 2012. The
Department of Commerce acknowledged receipt on April 2, 2012.
14. The general approach of these code amendments was discussed with and reviewed by
the Planning and Community Development (PCD) Committee of the City Council on
February 27, 2012 at their regular meeting. The Committee was supportive of the
general approach.
15. Staff discussed and presented an earlier draft of the code amendments language to the
Planning Commission on March 6, 2012 at their regular meeting.
16. The public hearing notice was published on May 25, 2012 in the Seattle Times at least
10 days prior to the Planning Commission public hearing scheduled for June 5, 2012.
The public notice of the hearing was also posted at multiple locations in city offices and
on the city’s website
17. The Planning Commission conducted a public hearing on the code changes on June 5,
2012. There was no public comment at the hearing. The Planning Commission
recommended approval of the code amendment as presented.
18. The Planning and Community Development Committee, the originating committee,
reviewed the Planning Commission’s recommendation at their June 11, 2012 regular
meeting. The committee was in favor of the proposed code changes.
19. The following conclusions support the proposed amendments to Chapter 18.31.200 and
thus staff is recommending approval.
DI.A Page 72 of 102
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 13, 2012
Page 5 of 7
Conclusions
1. These code amendments are supported by the City of Auburn’s Comprehensive Plan.
The Comprehensive Plan contains several goals, objectives and policies that promote
the City’s use of design standards. For example, an entire Chapter, Chapter 12, ‘Urban
Design’ is devoted to establishing the city’s guidance for design review. The
Comprehensive Plan has fewer sections that address the more specific subject of
administration of these design review standards. The administration of the design
review standards is governed by the following goals, objectives, and policies from the
Comprehensive Plan:
2. CHAPTER 1 – PLAN BACKGROUND
“GOAL 2 – FLEXIBILITY: To provide predictability in the regulation of land use
and development, especially where residential uses are affected, but to also
provide flexibility for development through performance standards that allow
development to occur while still protecting and enhancing natural resources,
cultural resources and critical lands and in overall compliance with this
Comprehensive Plan.”
“Discussion: Predictability of land development regulation is important to both
existing and future property owners and to new development. It assures property
owners that adjacent properties will develop in a consistent manner and it helps
new development to plan for their development based on knowing what is
allowed and what is not. Since all parcels are not identical, however, it is helpful
to have some flexibility in land development regulation. While a variance can
sometimes resolve some of these issues, regulations which provide some
flexibility in the form of performance standards can help to provide development
which better meets the goals and policies of this Comprehensive Plan rather than
strict adherence to a set standard established in the zoning ordinance.”
(emphasis added)
“A discussion of issues and polices related to this goal can be found in Chapter
2: General Approach to Planning.”
Complies: This goal sets out that all of the City’s regulations should be designed to
provide predictability while maintaining the ability for flexibility in development. By
providing a uniform set of administrative procedures for design review standards and the
design review process, this code amendment provides this predictability and
consistency. Also, in furtherance of this goal, the code amendment provides procedures
for the director’s interpretation of the design standards, adjusting design approvals and
appealing decisions to provide flexibility.
CHAPTER 1 – PLAN BACKGROUND
“GOAL 22 - URBAN DESIGN AND VISUAL QUALITY: To ensure a high quality
visual environment through appropriate design standards and procedures which
DI.A Page 73 of 102
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 13, 2012
Page 6 of 7
encourage high quality architectural and landscape design in all development
and through the placement of artwork in public places. The City recognizes the
linkages between transportation, land use and site design and encourage
development which eases access by pedestrians, bicyclists and transit users.”
“Discussion: As urban areas develop, and particularly as densities increase,
the quality of development plays a major factor in maintaining the quality of life
for the area's residents and employees. Auburn places a high value on good
design, visual quality and landscaping in all development - new and old. Auburn
will seek to develop standards and programs to ensure that all development is of
high quality and is visually appealing.”
“A discussion of issues and policies related to this goal can be found in Chapter
4: Housing and Chapter 12: Urban Design.” (emphasis added)
Complies: This goal is directed at ensuring high quality architectural and landscape
design through appropriate use of design standards and procedures. This goal also
recognizes that an overall program related to the administration of design review
standards is a necessary element for the effective use.
3. CHAPTER 12 - URBAN DESIGN
“Objective 22.6. Establish a Design Review Process:
UD-28 The City developed new design standards for development within
downtown Auburn and for multi-family and mixed-use development. These
standards provide guidance for improved landscaping, site design and
architectural standards. These standards should be reviewed periodically to
keep with current planning trends and market demands.”
“UD-29 The City revised its ordinances to establish an administrative design
review procedure for development in the downtown and for multi-family and
mixed-use developments. It is handled as a responsibility of the Planning
Department and incorporated into current development review procedures to
minimize time and expense, both for the City and the applicant. Developments
subject to design review standards are outlined in city code.”
Complies: This objective and two related policies address the promulgation of design
standards and the associated procedures to implement these standards.
Staff Recommendation
Staff recommends approval.
DI.A Page 74 of 102
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: June 13, 2012
Page 7 of 7
Attachments:
Agenda bill on proposed code changes to ACC 18.31.200, Multiple-Family and Mixed-Use
Design Standards and Procedures
Attachment 1: Ordinance No. 6408, Proposed code changes to ACC 18.31.200, Multiple-Family
and Mixed-Use Design Standards and Procedures
Attachment 2: Request letter to Dept of Commerce for 60-day state review
Attachment 3: Request to publish hearing notice in newspaper
DI.A Page 75 of 102
Ordinance No. 6408
June 6, 2012
Page 1 of 11
ORDINANCE NO. 6408
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 18.31.200 OF THE AUBURN CITY
CODE RELATING TO ADMINISTRATION OF
ARCHITECTURAL AND SITE DESIGN REVIEW
STANDARDS
WHEREAS, from time to time, amendments to the City of Auburn zoning
code are appropriate, in order to update and better reflect the current
development needs and standards of the City; and
WHEREAS, periodically amendments to the City of Auburn zoning code
are appropriate, in order to increase consistency of the code sections enacted
over different periods of time; and
WHEREAS, periodically amendments to the City of Auburn zoning code
are appropriate, in order to facilitate the use and understanding of code sections;
and
WHEREAS, currently the City has architectural and site design standards
that apply to three distinct geographical areas of the City and some that apply
throughout the City but only concern specific land use types; and
WHEREAS, the purpose of this amendment to the code is to provide a
consistent administrative review process for evaluating the design and
arrangement of site developments and buildings to ensure quality design of the
built environment; and
WHEREAS, these code amendments are exempt from environmental
review under the Washington State Environmental Policy Act (SEPA), Section
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Ordinance No. 6408
June 6, 2012
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WAC 197-11800 (19), since they are rules and regulations related to
governmental procedures and contain no substantive standards respecting use
or modification of the environment; and
WHEREAS, these code amendments were considered by the Planning
Commission at a duly noticed public hearing on June 5, 2012 and after the close
the public hearing the Planning Commission forwarded a recommendation for
approval to the City Council; and
WHEREAS, the code amendments were reviewed by the Planning and
Community Development Committee of the City Council on February 27, 2012;
and on June 11, 2012; and thereafter the Committee forwarded a
recommendation for approval to the full City Council.
WHEREAS, upon the recommendations, the City Council determines that
the following code changes are in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Amendment to City Code. That section 18.31.200 of
the Auburn City Code entitled “Multifamily development and mixed use
development” is changed to read: “Architectural and site design review
standards” and the section is hereby amended to read as follows:
18.31.200 Architectural and site design review standards and regulations.
A. Intent and Purpose. The architectural and site design regulations provide an
administrative review process for evaluating the design and arrangement of
development. The architectural and site design regulations are intended to be
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Ordinance No. 6408
June 6, 2012
Page 3 of 11
consistent with and implement the policies of the comprehensive plan. The purposes of
these design review regulations are to:
1. Foster good decision-making for development through architectural and site
design within the context of the community's built and natural environmental
character, scale and diversity;
2. Promote the use of appropriate scale of buildings and the configuration of open
space and parking areas for development to safely and comfortably
accommodate pedestrian activities;
3. Coordinate the interrelationship of buildings and public and private open space;
4. Discourage monotony in building design and arrangement, while promoting
harmony among distinct building identities; and
5. Mitigate, through design and site plan measures, the visual impact of large
building facades, particularly those which have high public visibility (Encourage
the creative use of architectural and landscape features in order to reduce the
actual and perceived scale and bulk of structures).
B . Applicability. The following land uses, types of development activities, including all
related site improvements, and geographic areas, are subject to the architectural and
site design standards and the processes and regulations for conducting design review
contained in this chapter:
1. Multiple-Family and Mixed Use Developments. The following land uses and types of
development are subject to the City’s Multiple-Family and Mixed-Use Design
Standards document unless addressed by a different set of architectural and site
design standards applicable to a specific geographic area.
a. Multifamily development inclusive of triplexes and fourplexes in all
zones in the city where permitted outright or as a conditional use and
not otherwise addressed through the city's Residential Infill
Development Standards (ACC 18.25); and
b. Mixed-Use Residential Development. Mixed-use development
containing residential living units in all zones in the city where permitted
outright or as a conditional use; and,
c. Retirement apartments, congregate living facilities and senior housing
complexes in all zones in the city where permitted outright or as a
conditional use.
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Ordinance No. 6408
June 6, 2012
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2. Downtown Urban Center. The following locations of development activities are
subject to the City’s Downtown Urban Center Design Standards document.
a. Properties located within the boundaries of the DUC, Downtown Urban
Center zoning district as identified on the Comprehensive Zoning Map.
3. Auburn Junction. The following locations of development activities are subject
to the City’s Auburn Junction Design Standards document.
a. Properties located within the boundaries of West Main Street, 2nd Street
SE/SW, A Street SE, and A Street SW as identified with Auburn City Code
18.29.070, Design Standards of the DUC , Downtown Urban Center
zone.
4. Northeast Auburn Special Planning Area. The following locations of
development activities are subject to the City’s Auburn Gateway Architectural
and Site Design Standards document.
a. Properties located within the boundaries of the Auburn Gateway
Project as defined by the Development Agreement approved by City
Resolution No. 4756. The Auburn Gateway Architectural and Site
Design are addressed In Section 4 of this Resolution and provided as
Attachment 4 to the Resolution.
C. Exemptions. The following activities as determined by the Planning Director shall be
exempt from the provisions of the design standards:
1. Any building activity that does not require a building permit; or
2. Interior construction work which does not alter the exterior of the structure; or
3. Normal or routine building and site maintenance/repair that is exempt from
issuance of a permit including the repair or maintenance of structural
members; or
4. Interior alterations that do not modify an existing site condition; or
5. Site and exterior alterations that do not exceed 10 percent of the assessed
valuation of the property building or land per the most recent county records;
or
6. Building additions that are less than 10 percent of the existing floor area of the
existing building. Any cumulative floor area increase from the adoption date of
the ordinance establishing the architectural and site design standard that totals
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Ordinance No. 6408
June 6, 2012
Page 5 of 11
more than 10 percent shall not be exempt unless the Planning Director
determines compliance with these standards would be unfeasible and/or
unreasonable.
D. Design Standard Documents. Adopted by reference are the following architectural and
site design documents, copies of which shall be maintained by the city clerk. These
documents contain the standards for the design and development of the built
environment. The Planning Director or designee shall have the authority to apply the
standards to specific development proposals. The following specific architectural and
design standards documents may be amended upon approval by the Planning and
Development Committee of the Auburn City Council:
1. Mixed Use and Multiple Family Development Design Standards.
2. Auburn Gateway Architectural and Site Design Standards.
3. Downtown Urban Center Design Standards.
4. Auburn Junction Design Standards. E. Timing of Administrative Design Review.
1. Design review shall be conducted by the Planning Director or designee prior to
or concurrent with the processing of building permits and/or review of discretionary
land use approvals/permits.
2. The decision on the administrative design review shall be issued prior to issuance of
the building permits and/or issuance of discretionary land use approvals/permits.
F. Pre-application Meeting –When Required Associated with a Design Review.
1. A pre-application conference is required for the following instances:
a. For multi-family development in the R-10, R-16, and R-20 Residential
zones; and
b. For mixed-use development containing residential living units located
within R-10, R-16 and R-20 Residential zones; and
c. For mixed-use development containing residential living units located
within commercial zones; and
d. For retirement apartments, congregate living facilities and senior
housing complexes located within R-10, R-16 and R-20 Residential
zones, and all commercial zones.
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Ordinance No. 6408
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2. A pre-application conference is strongly recommended for all other projects subject to
the city’s architectural and site design review but is not required.
G. Design Review Submittal Requirements. In addition to any other documentation
required for submittal of a complete application for building permit or discretionary
land use approvals/permits, the following items shall be required for the architectural
and site design review:
1. Elevation drawings prepared by an architect licensed in the State of Washington
of all proposed construction including dimensional drawings at one-eighth inch
equals one foot or comparable scale showing the type of exterior materials,
color (where applicable), exterior finishes for buildings and accessory structures,
location and elevations of exterior lighting for buildings, the type, style and
model of exterior lighting fixtures (where applicable), parking areas, and
fenestration details.
2. A to-scale landscape plan prepared by a landscape architect licensed in the state
of Washington showing existing vegetation to be retained and proposed
vegetation to be installed inclusive of the common and botanical name of all
vegetation, the location and quantity of vegetation, the initial planting size and
method of irrigation;
3. A context vicinity map that shows all structures on the property and within 200
feet in each direction of the subject property drawn approximately to scale;
4. A neighborhood circulation plan consistent with the provisions of Chapter 17.16
ACC (Neighborhood Circulation Plan); and
5. Conceptual plans for any public infrastructure, including roads, water, sewer,
and storm facilities.
H. Interpretations.
1. The Planning Director shall be authorized to interpret the meaning of words,
phrases and sentences which relate to the implementation of the specific
architectural and design standards document. Any interpretations regarding
implementation of the specific architectural and design standard document
shall be made in accordance with its intent or purpose statements and the
intent and purpose statements of this chapter. For interpretations, life safety
and public health regulations shall be given priority over all other regulations.
2. Administrative interpretations may be appealed to the hearing examiner as
prescribed in Chapter 18.70.050 ACC.
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Ordinance No. 6408
June 6, 2012
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I. Design Review Adjustments.
1. Authority for design review adjustments. The Planning Director or designee
shall have the authority, subject to the provisions of this section and upon such
conditions as the Planning Director or designee may deem necessary to comply
with the provisions of this section, to approve design adjustments as follows:
a. An adjustment to architectural or site design requirements such that no
more than two of the total number of required menu items in the City
of Auburn Multifamily and Mixed-Use Design Standards are out of
compliance.
b. An adjustment to required building wall and roof modulation standards,
as contained in the City of Auburn Multifamily and Mixed-use Design
Standards, up to 20 percent of the amount of any quantified standards
contained therein.c. An adjustment to the architectural or site
design requirements that remains consistent with the purpose and
intent of the architectural and site design standards.
2. Required Findings to Grant Design Review Adjustments. Each determination
granting an adjustment by the Planning Director or designee shall be supported
by written findings showing specifically wherein all of the following conditions
exist:
a. That the granting of such adjustment does not constitute a grant of
special privilege inconsistent with the limitations upon uses of other
properties in the vicinity and/or zone of the subject site; and
b. That the granting of such adjustment will not adversely affect the
established character of the surrounding neighborhood, discourage
maintenance or upgrades on surrounding properties, nor result in
perpetuation of those design qualities and conditions which the
comprehensive plan intends to eliminate or avoid; and
c. That the project incorporates alternate design characteristics that are
equivalent or superior to those otherwise achieved by strict adherence
to stated menu options; and
3. Public Notification and Action on Design Review Adjustment Applications. Upon
the filing of a properly completed application and associated request for a
design review adjustment, the Planning Director or designee shall comply with
the City's Type II land use review requirements for issuance of a properly
noticed and appealable land use decision.
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Ordinance No. 6408
June 6, 2012
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4. Appeal of Director's Decision on Design Review Adjustments.
a. If a written objection to the initial determination notice is filed within 10
14 business days of said notification, the Planning Director or designee
shall reconsider the initial determination in light of the objection(s) as
raised and render a final decision on the permit. This final decision shall
result in either the Planning Director's affirmation of the original
determination of approval, the approval with additional modifications
or denial.
b. Upon completion of the Planning Director's reconsideration, all parties
notified of the original determination shall receive notification of the
Planning Director's final decision. Any party aggrieved by the Planning
Director's final decision may file an appeal of that decision to the
Hearing Examiner in accordance with the City's land use appeal
provisions. Such appeals for Hearing Examiner review must be filed
within 10 14 business days from the date the written decision was made
and shall include the following:
i. The appeal shall be filed on forms provided by the Department
of Planning and Development.
ii. The appeal shall clearly state the decision being appealed,
setting forth the specific reason, rationale, and/or basis for the
appeal.
iii. Fees associated with the appeal shall be paid to the city upon
filing of the appeal in accordance with a fee schedule
established by resolution.
5. Upon filing of a timely and complete appeal, the hearing examiner shall conduct
a public hearing to consider the merits of the appeal. This hearing shall be
subject to the city's public noticing and public hearing requirements and shall
include notification of all parties notified of the Planning Director's final
decision. The hearing examiner may affirm the Planning Director's decision or
may remand the matter to the Planning Director for further review in accord
with the examiner's direction.
6. If no written objection is filed to the initial determination within the specified
time limits, the Planning Director shall render a final decision on the permit in
accord with the initial determination.
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Ordinance No. 6408
June 6, 2012
Page 9 of 11
J Approval Criteria for Design Review. The Planning Director or designee may approve, or
modify and approve, or deny an application for an administrative design review. Each
determination granting approval or approval with modifications shall be supported by
written findings showing the applicant satisfies all the following criteria:
1. The plans and supplemental materials submitted to support the plan meet the
requirements of the specific architectural and site design documents;
2. The proposed development is consistent with the comprehensive plan;
3. The proposed development meets required setback, landscaping, architectural
style and materials, such that the building walls have sufficient visual variety to
mitigate the appearance of large facades, particularly from public rights-of-way
and single-family residential zones.
4. In addition to the criteria in subsections 1 through 3, for multiple-family
residential and retirement apartment projects, the director or designee must
determine that the following key review criteria have been met:
a. The proposed development is arranged in a manner that either:
i. Provides a courtyard space creating a cohesive identity for the
building cluster and public open space furnished to facilitate its
use; or
ii. Possesses a traditional streetscape orientation that provides
clearly identifiable and visible entries from the street, views
from residential units onto the street and reinforces pedestrian-
oriented streetscape characteristics (e.g., building edge abutting
sidewalk, entries onto the street); or
iii. Faces and facilitates views of a major open space system;
b. The proposed development provides a variety in architectural massing
and articulation to reduce the apparent size of the buildings and to
distinguish vertical and horizontal dimensions;
c. The proposed development contains a combination of elements such as
architectural forms, massing, assortment of materials, colors, and color
bands sufficient to distinguish distinct portions and stories of the
building;
d. Residential buildings in large multiple-family projects or mixed-use
projects are physically integrated into the complex possessing
DI.A Page 84 of 102
Ordinance No. 6408
June 6, 2012
Page 10 of 11
sufficiently different appearance or placement to be able to distinguish
one building from another;
e. Unit entrances are individualized by use of design features that make
each entrance distinct or which facilitate additional personalization by
residents;
f. Areas dedicated to parking are sufficiently visually broken up and
contain a complement of vegetative materials to project a landscaped
appearance;
g. Where applicable, a transition is created that minimizes impacts from
multifamily and mixed-use development projects on neighboring lower
density residential dwelling units in abutting or adjacent single-family
zones; and
h. Where applicable, in cases of granting density or height bonuses, the
project has provided community benefits, facilities or improvements
above and beyond those required in the municipal code and supports
the goals, objectives and policies of the comprehensive plan;
Section 2. Implementation. The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to
carry out the directions of this legislation.
Section 3. Severability. The provisions of this ordinance
are declared to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this ordinance, or
the invalidity of the application thereof to any person or circumstance shall
not affect the validity of the remainder of this ordinance, or the validity of
its application to other persons or circumstances.
DI.A Page 85 of 102
Ordinance No. 6408
June 6, 2012
Page 11 of 11
Section 4. Effective date. This Ordinance shall take effect
and be in force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
ATTEST:
___________________________________
PETER B. LEWIS
MAYOR
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.A Page 86 of 102
DI.A Page 87 of 102
DI.A Page 88 of 102
Dear Mr. Dixon:
Senior Planner
City of Auburn Planning Department
25 W Main Street
Auburn, Washington 98001-4998
Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as
required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural
requirement.
April 2, 2012
Jeff Dixon
City of Auburn - Proposed zoning amendment to Code Section 18.31.200, related to Architectural and
Site Design Review Standards and Regulations. These materials were received on April 02, 2012 and
processed with the Material ID # 17964.
We have forwarded a copy of this notice to other state agencies.
If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov,
or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048.
Sincerely,
Review Team
Growth Management Services
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty
days following the date of receipt by Commerce. Please remember to submit the final adopted amendment
to Commerce within ten days of adoption.
DI.A Page 89 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4825
Date:
June 8, 2012
Department:
Public Works
Attachments:
Resolution No. 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.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Partridge Staff:Bailey
Meeting Date:June 18, 2012 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 90 of 102
-----------------------------
Resolution No. 4825
June 18, 2012
Page 1 of 2
RESOLUTION NO. 4825
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON DECLARING
CERTAIN ITEMS OF PROPERTY AS SURPLUS
AND AUTHORIZING THEIR DISPOSAL
WHEREAS, the City of Auburn Public Works Department has a number of
items which are no longer of use to the City; and
WHEREAS, it would be appropriate to surplus the property and dispose of
it by auction or other sale mechanism, or to dispose of it, in whole or in part,
through gift to another governmental agency or an appropriate charitable non-
profit entity, as deemed most expedient by the Mayor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Section 1. Purpose. That the property identified below is declared
to be surplus, and the Mayor is authorized to dispose of and convey such
property through appropriate sale or donation to another governmental agency or
charitable non-profit entity.
Public Works
The following vehicle has been replaced and is past it’s useful life:
6903B 1998 International Vactor Truck VIN 1HTGGAHT3XH643522
Fixed Asset Number 55000 6903B
DI.B Page 91 of 102
-----------------------------
Resolution No. 4825
June 18, 2012
Page 2 of 2
Section 2. Implementation. That the Mayor is authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
Section 3. Effective Date. That this Resolution shall take effect
and be in full force upon passage and signatures hereon.
Dated and Signed this _____ day of _________, 2012.
CITY OF AUBURN
________________________________
PETER B. LEWIS
ATTEST: MAYOR
______________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid, City Attorney
DI.B Page 92 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Project Status Report
Date:
June 13, 2012
Department:
Public Works
Attachments:
Capital Project Status Report
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached report.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Gaub
Meeting Date:June 18, 2012 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 93 of 102
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DI.D Page 100 of 102
AGENDA BILL APPROVAL FORM
Agenda Subject:
Activities Matrix
Date:
June 13, 2012
Department:
Public Works
Attachments:
Public Works Committee Activities Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached matrix.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:June 18, 2012 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 101 of 102
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DI.E Page 102 of 102