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HomeMy WebLinkAbout03-04-2013 COUNCIL AGENDA PACKET City Council Meeting March 4, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is scheduled for this evening. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. February 25, 2013 Minutes* (Peloza) B.Planning & Community Development 1. February 25, 2013 Minutes* (Backus) C.Public Works 1. February 19, 2013 Minutes* (Wagner) D.Finance 1. February 19, 2013 Minutes* (Partridge) E.Les Gove Community Campus F.Council Operations Committee IV.CONSENT AGENDA Page 1 of 111 All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. February 19, 2013 Minutes* B. Claims Vouchers (Partridge/Coleman) Claims check numbers 420665 through 420951 in the amount of $957,217.61 and dated March 4, 2013. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533632 through 533661 in the amount of $268,032.73 and electronic deposit transmissions in the amount of $1,207,092.55 for a grand total of $1,475,125.28. D. Public Works Project No. CP0921* (Wagner/Dowdy) City Council approve Final Pay Estimate No. 5 to Contract No. 10-02 in the amount of $25,741.42 and accept Construction of Project No. CP0921, Bi-Annual Sanitary Sewer Repair and Replacement (ACTION REQUESTED: City Council approve the Consent Agenda.) V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6456* (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013-2014 Biennial Budget Ordinance, authorizing amendment to the City of Auburn 2013-2014 Budget as set forth in Schedule "A" and Schedule "B" (ACTION REQUESTED: City Council adopt Ordinance No. 6456.) VIII.RESOLUTIONS A. Resolution No. 4904* (Wagner/Dowdy) A Resolution of the City of Council of the City of Auburn, Washington, setting a public hearing to consider a Franchise Agreement with Zayo Group LLC (ACTION REQUESTED: City Council adopt Resolution No. 4904.) B. Resolution No. 4917* (Backus/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, setting a hearing date in relation to amending the 2013-2018 Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 (ACTION REQUESTED: City Council adopt Resolution No. 4917.) C. Resolution No. 4919* (Partridge/Tiedeman) Page 2 of 111 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Cooperative Purchasing Agreement with the University of Washington for the purpose of purchasing general supplies and equipment (ACTION REQUESTED: City Council adopt Resolution No. 4919.) IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor X.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 3 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: February 25, 2013 Minutes Date: February 27, 2013 Department: Police Attachments: February 25, 2013 Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:March 4, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 4 of 111 Municipal Services Committee February 25, 2013 - 3:30 PM City Hall Council Conference Room MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne, Member John Partridge. Staff present: Mayor Pete Lewis, Assistant Chief of Police Bill Pierson, Public Works Director Dennis Dowdy, City Attorney Dan Heid, Assistant City Attorney Steven Gross, Development Services Manager Jeff Tate, Administrative and Business Services Manager Darcie Hanson and Police Secretary/Scribe Terry Mendoza. Others present: Auburn Reporter representative Robert Whale and citizen Scot Pondelick. B. Announcements C. Agenda Modifications An agenda modification indicating the actual amendment to Section (1) of Ordinance No. 6423 was distributed prior to the meeting. II. CONSENT AGENDA A. February 11, 2013 Meeting Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. ACTION A. Ordinance No. 6423 (Lee) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 12.32.010 of the Auburn City Code relating to sidewalk use restrictions. Current provisions of the Auburn City Code allow for bicycles to be ridden on public sidewalks within the City. Specifically, the Code describes sidewalks as being for the exclusive use of pedestrians with the single exception of bicycle use. Accordingly, there is a potential conflict in the City Codes with one provision seemingly allowing bicycles to be ridden on sidewalks and another that prohibits riding a bicycle upon a sidewalk in a business district. Committee discussion followed; however, the Ordinance was removed as an action item until a later date allowing time for Page 1 of 2 MS.1 Page 5 of 111 Administration, Legal and the Police Department to further study. IV. DISCUSSION ITEMS A. Ordinance No. 6457 - Changes to the Animal Control and Licensing Code (Hanson) Darcie Hanson, Administrative and Business Services Manager for the Planning and Development Department provided information to the committee on Ordinance No. 6457. This Ordinance corrects some errors and omissions to Chapters 6.01 and 6.04 of the Auburn City Code relating to Animal Control and Licensing. Amendments include adding language supporting the Senior lifetime licenses that King County issued prior to January 1, 2013; proof of rabies vaccination as a requirement to obtaining a pet license and a penalty fee for failure to get your pet vaccinated; and correcting the renewal period from a calendar year to a rolling year expiration Committee discussion followed; however, Chair Peloza believes that this committee should be the one to take action on the Ordinance. Manager Hanson reported that it is scheduled to go through the Planning and Community Development Committee (PCDC) as an action item. Mayor Lewis stated that this Ordinance will come back through the Municipal Services Committee for action. B. Project Matrix The following updates were made to the Project Matrix: Item 10P: Status updated. Item 27P: Review date changed to 4/8/13. The quarterly review changed to the 1st meeting of the month. Item 31P: Review date changed to 4/8/13. Item 3I: Status updated. Item 7I: Review date changed to 9/9/13. V. ADJOURNMENT The meeting was adjourned at 4:07 p.m. The March 11, 2013 meeting of the Municipal Services Committee has been canceled. The next regular meeting is scheduled for March 25, 2013 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Signed this ____________ day of March, 2013. ___________________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 2 of 2 MS.1 Page 6 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: February 25, 2013 Minutes Date: February 26, 2013 Department: Planning and Development Attachments: February 25, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Other: Planning Councilmember:Backus Staff: Meeting Date:March 4, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 7 of 111 Planning and Community Development February 25, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:01 p.m. in Annex Conference Room 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair John Holman, and Member Largo Wales were present. Also present were Mayor Pete Lewis; Financial Planning Manager Martin Chaw; Planning and Development Director, Interim, Jeff Tate; Economic Development Manager Doug Lein; Administrative Business Services Manager Darcie Hanson; Traffic Engineer James Webb; Assistant City Attorney Steve Gross; Transportation Manager Pablo Para; Engineering Aide Amber Mund; and Planning and Development Secretary Tina Kriss. Members of the public included: Dylan DeVito, John and Eleanor Brekke Parks, Kyle Carrier, Tim Sypomicz, Auburn Reporter representative Robert Whale, and Spencer Alpert. B. Announcements John Brekke and Eleanor Brekke Parks requested an opportunity to make public comment before the Committee. Chair Backus invited them to the table to make a public comment. John Brekke, 8436 Midland Rd, Medina, Washington. Eleanor Brekke Parks, 8457 Midland Rd, Medina, Washington. Mr. Brekke stated his family has been property owners in the City of Auburn for the last 30 years with over 13 buildings in various locations. One set of buildings is located near the King County Solid Waste Division’s (KCSWD) proposed site to build a new, modernized transfer station. Mr. Brekke expressed his concern about the placement of the transfer station in Auburn. He stated the City, through the Planning Department’s Scoping Comments sent to King County November 15, 2013, has done a great job making numerous points in opposition to the construction of a new site off C Street SW in Auburn. Page 1 of 5 PCD.1 Page 8 of 111 Mr. Brekke is hopeful that when the City replies formally to the Environmental Impact Statement (EIS) the City will make the same points included in the scoping comments (listing traffic, economic development, environmental and storm drainage issues, along with other concerns). Mr. Brekke asked staff if the family would have an opportunity to see the City’s response to the EIS. Planning and Development Director, Interim, Jeff Tate stated he was informed by King County that the comment period will be extended and when the City is aware of the timeline staff will contact Mr. Brekke. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - February 11, 2013 (Chamberlain) Vice-Chair Holman moved and Member Wales seconded to approve the Planning and Community Development Committee meeting minutes for February 25, 2013 as written. Motion Carried Unanimously. 3-0 III. ACTION A. Resolution No. 4917 (Webb) Transportation Planner Pablo Para introduced Traffic Planner James Webb. Resolution No. 4917 is to set a time and date for a public hearing to amend the 2013-2018 Transportation Improvement Program, to add grant funding the City of Auburn was recently awarded from the Washington State Department of Transportation (WSDOT) for $502,275.00 to install guardrail along several City streets. There is no match requirement. Vice-Chair Holman moved and Member Wales seconded to recommend City Council approve Resolution No. 4917. Motion Carried Unanimously. 3-0 B. Ordinance No. 6457 - Changes to the Animal Control and Licensing Code (Hanson) Administrative Business Services Manager Darcie Hanson provided background information on Ordinance No. 6424, the animal control and licensing code. Proposed Ordinance No. 6457, provides language to clarify the animal licensing one-year expiration dates, beginning the date the license is issued. Language was also added to recognize WAC 246-100-070, requiring all dogs, cats, and ferrets to be Page 2 of 5 PCD.1 Page 9 of 111 vaccinated against rabies and proof of enforcement of WAC Section 246-100-197 requiring local jurisdictions to enforce the code. Violation penalties of $250.00 were also updated for an animal injuring human, domestic animal, or livestock. A section was also added to recognize the "lifetime" licenses issued by King County Regional Animal Service prior to January 1, 2013. Vice-Chair Holman moved and Member Wales seconded to recommend City Council approve Ordinance No. 6457. Motion Carried Unanimously. 3-0 IV. DISCUSSION ITEMS A. Ordinance No. 6456 (Coleman) Financial Planning Manager Martin Chaw stated Ordinance No. 6456, is the first budget amendment for the 2013-2014 biennium. The amendment enables the completion of various capital projects in 2013 by carrying forward unspent project resources from the 2012 year. Committee and staff reviewed the salary and benefit adjustments in the amount of $400,000.00 in the general fund and $200,000.00 in other funds for the 2012 year fund resources. The amendment moves $14,000,000.00 to establish a Sewer Metro Wastewater Fund for payments to King County, it will provide greater visibility and accountability to the management of payments to King County. Staffing and labor increase adjustments were requested for full-time employees for 2013. Committee and staff discussed these positions and the specific funding sources for the increases. Revenue adjustments to the 2013 estimated sales taxes were increased to $13,169,556.00 and $202,005.00 was eliminated in budgeted probations revenue costs since King County will be receiving the probation revenues under the City's court contract. The total budget adjustment is $18,475,875.16. B. Resolution No. 4904 (Mund) Engineering Aide Amber Mund explained that Resolution No. 4904 would set the dates of the public hearing for Franchise Agreement No. 12-41 for Zayo Group L.L.C. for March 18, 2013 at 7:30 p.m. in Council Chambers. Zayo Group L.L.C. has applied for a Franchise Agreement to construct a fiber optic telecommunications network for their customers within the City's right-of-way. The initial build out is to be located in portions of the right-of-way of S 277th Street, D Street NE, Auburn Way North, Page 3 of 5 PCD.1 Page 10 of 111 37th Street NE/NW and I Street NW. The applicant is requesting the entire City as the proposed franchise area so that the future expansion of their facilities may be accommodated without having to amend the agreement for each installation. Future installations would be reviewed under the City's permitting processes that are a requirement for Franchise Agreements. In answer to the question regarding road repair by Committee, Ms. Mund stated any repair to the roads under the permit would need to meet the City’s Construction Standards. Committee asked if the City could require Zayo Group L.L.C. to install Broadband Infrastructure for the City as a condition of the Franchise Agreement. Ms. Mund explained that the City is currently negotiating that request through the City's Information and Technology Department. C. Director's Report (Chamberlain) Jeff Tate, Planning and Development Director, Interim updated the Committee on the Seattle Outlet Collection. The Certificates of Occupancy for the food-court were issued. The food-court improvements were also finaled, the food court is expected to be open to the public on Wednesday, February 27, 2013. The ground breaking for the Auburn High School modernization project was held February 24th, 2013. The next phase of work will be the demolition of the single family homes that were acquired by the Auburn School District as well as the development of the staging areas for temporary parking lots for staff and construction workers so they can begin the demolition work of the building. A Certificate of Occupancy for Terry Home II, a boarding home for young adult survivors of Traumatic Brain Injury (TBI), was issued today for their site at 727 A St NE. The City as of February 25, 2013 has issued 60 single-family residential permits; last year at this time the City issued 15 single- family residential permits and a total of 419 for 2012 year. Last year at this time the City conducted 976 building inspections. This year staff has conducted 1,917 inspections. D. PCDC Matrix Committee and staff reviewed the matrix. Chair Backus noted the following updates: • Item 2, Code Amendments: Shared Student Rental Housing was Page 4 of 5 PCD.1 Page 11 of 111 added. • Item 3, TADA: The Auburn Downtown Association will provide an update on March 11, 2013. • Item 3, Amtrak: Transportation Planner Joe Welsh to update Committee in March on the Department of Transportation (WSDOT) feasibility study to determine the suitability of the City of Auburn for additional Amtrak station stops. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 7:42 p.m. DATED THIS ______________ day of _______________, 2013. ___________________________ _________________________ Nancy Backus - Chair Tina Kriss - Planning Secretary Page 5 of 5 PCD.1 Page 12 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: February 19, 2013 Minutes Date: February 27, 2013 Department: Public Works Attachments: February 19, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:March 4, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 13 of 111 Public Works Committee February 19, 2013 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborn were present. Also present during the meeting were: Mayor Pete B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Traffic Operations Engineer Scott Nutter, Senior Project Engineer Jacob Sweeting, Street Systems Engineer Seth Wickstrom, Planning Director Kevin Snyder, Finance Director Shelley Coleman, and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Scott Pondlick. B. Announcements Prior to the adjournment of the meeting, Mayor Lewis announced that the Department of Transportation Director, Paula Hammond, has been replaced by Lynn Peterson the State of Oregon Governor’s top advisor on transportation. C. Agenda Modifications There was one agenda modification, Discussion Item F, Ordinance No. 6456. II. CONSENT AGENDA A. Approval of Minutes Councilmember Osborne moved and Councilmember Peloza seconded to approve the Public Works Committee Meeting minutes for date, February 4, 2013. Chairman Wagner noted that contacting the Post Office regarding pedestrian visibility when exiting their parking lot has not yet been included on the Action Tracking Matrix and asked that the item be Page 1 of 7 PW.1 Page 14 of 111 included. Motion Carried Unanimously. 3-0. III. RESOLUTIONS A. Resolution No. 4914 (Snyder) Review Ordinance No. 4914, A Resolution of the City Council of the City of Auburn, Washington, authorizing the dedication of a portion of City-owned property as City Right-of-Way Councilmember Osborne moved and Councilmember Peloza seconded to recommend City Council adopt Resolution No. 4914. Planning Director Snyder explained that during a recent survey, City staff discovered that the city-owned property at 810 30th Street NE, between Auburn Way N and I Street NE, had a partial encroachment of sidewalk on the property. In order to remove a cloud on the title of the property, City staff has prepared a dedication deed that would dedicate that portion of the property as Right-of-Way. There were no questions from the Committee. Motion Carried Unanimously. 3-0. B. Resolution No. 4910 (Sweeting) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Accept a Federal Grant to be Administered Through the Washington State Department of Transportation for the 37th Street and B Street NW Pre-Signal Project Councilmember Osborne moved and Councilmember Peloza seconded to recommend City Council adopt Resolution No. 4910. Senior Project Engineer Sweeting stated that the project included a new mast arm with a signal that will serve the westbound lanes before the railroad tracks, providing a red signal prior to the cross arms and the arrival of a train, in response to a question asked by Chairman Wagner. Transportation Manager Para diagramed the proposed location for the pre-signal. Para stated that staff is anticipating completing the project prior to the construction of a third railroad track being done by BNSF. Transportation Manager Para answered questions asked by Member Osborne regarding changes in signal timing. Page 2 of 7 PW.1 Page 15 of 111 Transportation Manager Para stated the project scope includes the installation of additional blackout signs on B Street NW which will stay dark until the signal is preempted by a train. At that time, the sign will light up, reading, “No Right Turn.” Transportation Manager Para answered questions asked by Member Osborne regarding right and left turn movements of the southbound traffic. Motion Carried Unanimously. 3-0. C. Resolution No. 4912 (Wickstrom) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Accept a Federal Grant to be Administered Through the Washington State Department of Transportation for the West Valley Highway System Preservation Project Councilmember Osborne moved and Councilmember Peloza seconded to recommend City Council adopt Resolution No. 4912. Street Systems Engineer Wickstrom stated that the portion of West Valley Highway included in the project scope would be an overlay, in response to a question asked by Chairman Wagner. Member Osborne asked what would cause a previously overlaid area to come up. Director Dowdy answered that there may have been areas of the overlay that were thin and did not adhere to the original pavement as it should. Director Dowdy discussed other causes of asphalt overlay delaminating with the Committee. Motion Carried Unanimously. 3-0. IV. DISCUSSION ITEMS A. Resolution No. 4906 (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. B. 2012 Save Our Streets Year End Report (Wickstrom) Vice-Chair Peloza spoke about the report reflecting the accountability of the City for the Save Our Streets (SOS) program funding. Page 3 of 7 PW.1 Page 16 of 111 Chairman Wagner commented on the clarity of the explanation at the beginning of the report and the bar chart which indicated how much work has been completed over the past eight years, also included in the report. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner regarding the treatment matrix. Chairman Wagner asked if the life expectancy of the high end of the chip-seal and double chip-seal treatments should be increased. Street Systems Engineer Wickstrom will review the numbers. Director Dowdy suggested including a list of examples of the chip-seal treatment in next year’s report. The Committee agreed the list should be included. The Committee and Street Systems Engineer Wickstrom reviewed the remainder of the report. Chairman Wagner asked if before and after example pictures can be included. Street Systems Engineer Wickstrom stated that he may have pictures to include in the current report. The Committee reviewed the maps showing completed work and future work. Chairman Wagner suggested that the streets surrounding Auburn High School be considered a priority after the new school construction is complete. Street Systems Engineer Wickstrom noted that most of the streets in this area are rebuilds and work may not be able to be complete on all of the streets within a single year. Street Systems Engineer Wickstrom responded to questions asked by Chairman Wagner regarding accessing and printing the report online. Chairman Wagner requested that Council Members receive hard copies of the final report. C. Flashing Yellow Left Turn Arrows (Para) At the request of the Committee, Transportation Manager Para and Traffic Operations Engineer Nutter provided additional information regarding the operation of the flashing yellow left turn arrow signals. Traffic Operations Engineer Nutter presented a video demonstrating the operation of a flashing yellow signal at an intersection in the City of Bellevue. Traffic Operations Engineer Nutter distributed handouts depicting various traffic signal configurations and reviewed them with the Committee. Page 4 of 7 PW.1 Page 17 of 111 Chairman Wagner asked if new cross arms are needed to support the new signal heads. Traffic Operations Engineer Nutter answered that the signal arms do need to be long enough and the new signal heads are being installed on existing arms that are the appropriate length. Traffic Operations Engineer Nutter responded to questions asked by Chairman Wagner regarding the cost and installation of the signal heads. Transportation Manager Para noted that the project is completely grant funded. The Committee requested a cost range for the replacement of the signal heads to accommodate flashing yellow lights. D. Capital Project Status Report (Gaub) Item 11 – CP0915 – Well 1 Improvements – Transmission Lines: Chairman Wagner asked that the word “accommodate” in the description be expanded. Utilities Engineer Repp answered questions regarding Phase 2 of the project, connecting to the corrosion control facility, and combining the flows of Well 1 and Coal Creek, asked by Chairman Wagner. Assistant City Engineer Gaub explained that funds identified in the “Other” column of the spreadsheet are a combination of grant funds that have been received, funding partner agreements or In Kind Services, in response to a question asked by Member Osborne. Assistant City Engineer Gaub verified that the funds listed are secured funds. Item 28 – CP1218 – Auburn Way South & Riverwalk Intersection Improvements: Chairman Wagner asked why the project is not going out for bid until April 2014. Assistant City Engineer Gaub explained that the project is fully federally funded. The City will have to complete the obligation process, complete the design, obtain environmental approvals and complete the Right-of-Way acquisition prior to getting authorization from the State to construct the project. Due to the linear nature of this process on a federal project, it is unlikely the project will get permission from the State to begin construction until 2014. Assistant City Engineer Gaub stated that staff is in the process of negotiating a contract with the selected design consultant, in response to a question asked by Chairman Wagner. Item B – CP1115 – City Hall NW Plaza Improvements: Assistant City Engineer Gaub explained that the Planning and Community Page 5 of 7 PW.1 Page 18 of 111 Development Committee will be discussing how to spend the unused LRF bond funds, in response to a question asked by Chairman Wagner. E. Action Tracking Matrix (Dowdy) Chairman Wagner asked that Item E be separated into two items, one for SDCs and the other for Cost of Service Analysis Scope. Item N – Auburn Valley Humane Society – Wayfinding Signage: Chairman Wagner spoke about the Auburn Valley Humane Society wayfinding signage. Member Osborne noted that the acronym AVHS can be confusing with the High School and asked that it be made clear that the signs lead to the Human Society. Mayor Lewis asked that staff determine how many existing signs are posted and work on replacement signs. T he Committee discussed the installation of a “Watch for Pedestrians” sign at the Post Office exit. Mayor Lewis asked if there are any existing “Watch for Pedestrians” signs. Assistant Director/City Engineer Selle answered that the closest existing sign is the “Pedestrian Crossing” signs. Mayor Lewis asked if a “Pedestrian Crossing” sign can be installed. Transportation Manager Para asked the Committee to consider that an additional sign may further obstruct the view of drivers. Mayor Lewis asked staff to examine whether or not an additional sign will interfere with sight distance. Vice-Chair Peloza and Mayor Lewis suggested asking the Post Office to hang a sign on the fence instead of installing it on a pole. Mayor Lewis also asked that if a sign is placed on the fence, that an existing standard language sign be used, if possible. Vice-Chair Peloza asked Mayor Lewis to contact King County regarding graffiti on Green River Road. F. Ordinance No. 6456 An Ordinance of the City Council of the City of Auburn, Washington, Amending Ordinance No. 6432, The 2013-2014 Biennial Budget Ordinance, Authorizing Amendment to the City of Auburn 2013-2014 Budget As Set Forth in Schedule “A” and Schedule “B” Item F was discussed prior to Item D. Chairman Wagner commented on the Emergency Management labor increase being 70% funded by the utilities funds. Page 6 of 7 PW.1 Page 19 of 111 Finance Director Coleman responded to a question asked by Vice- Chair Peloza regarding the Economic Development Planner position. Member Osborne asked for an explanation of the probation revenue adjustment. Coleman stated that probation revenue had been included in the budget but needs to be removed because the City no longer has a probation department. Finance Director Coleman and Director Dowdy addressed questions asked by Chairman Wagner regarding the number of utility projects being carried forward. Member Osborne pointed out the creation of the 433 fund, separating the City’s storm fund from the King County Metro fund. The Committee and Finance Director Coleman reviewed Schedule A and Schedule B, Summary of 2013 Budget Adjustments by Fund detail. Finance Director Coleman answered questions regarding the interfund loan to the golf course, asked by Chairman Wagner. Chairman Wagner asked if new audio visual equipment will be purchase for the Council Chambers. Mayor Lewis answered that new equipment is scheduled to be purchased if the project moves forward and it will be determined by Council once the project reaches that point. Finance Director Coleman noted that there is a project listed twice on the schedule that will be corrected prior to the City Council Meeting. The Committee supported introduction and adoption of Ordinance No. 6456, as corrected. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:41 p.m. Approved this 4th day of March, 2013. Page 7 of 7 PW.1 Page 20 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: February 19, 2013 Minutes Date: February 25, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:March 4, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 21 of 111 Finance Committee February 19, 2013 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn. A. Roll Call Chair John Partridge, Vice Chair Largo Wales and Member John Holman were present. City officials and staff members present included: Mayor Peter B. Lewis, Public Works Director Dennis Dowdy, Utilities Engineer Dan Repp, Water Utility Engineer Cynthia Lamothe, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Business Systems Analyst Jim Felty, and City Clerk Danielle Daskam. Also present were Scot Pondelick and John Pinsker. B. Announcements There was no announcement. C. Agenda Modifications A revised Resolution No. 4910 was distributed to the Committee. II. CONSENT AGENDA A. February 4, 2013 Regular Meeting Minutes Member Holman moved and Vice Chair Wales seconded to approve the February 4, 2013 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) Claims check numbers 420355 through 420664 in the amount of $4,309,850.92 and dated February 19, 2013. Committee members reviewed the claims and payroll vouchers and Page 1 of 7 FN.1 Page 22 of 111 briefly discussed claims vouchers 420460, 420496, 420532, 420542, and 420570. Vice Chair Wales moved and Member Holman seconded to approve and forward the claims and payroll vouchers to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers Payroll check numbers 533602 through 533631 in the amount of $843,431.35 and electronic deposit transmissions in the amount of $1,190,039.16 for a grand total of $2,033,470.51. See claims vouchers above for approval of payroll vouchers. D. Bad Debt Write Off - Parks, Arts & Recreation (Faber) City Council approve the write off of outstanding Parks, Arts & Recreation accounts in the amount of $3,641.00 Committee members reviewed the request to write-off bad debt of parks and recreation fees in the amount of $3,641.00. The bad debt consists of unpaid department programs and facility rentals from 2001 through 2011 that have been deemed uncollectible. Vice Chair Wales moved and Member Holman seconded to approve and forward the request for bad debt write-off to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 III. ORDINANCES A. Ordinance No. 6451 (Coleman) An Ordinance of the City of Auburn, Washington, relating to the combined utility systems of the City; providing for the issuance of one or more series of utility system revenue bonds of the City in the aggregate principal amount of not to exceed $13,000,000.00 (1) to pay a portion of the cost of certain improvements described herein, (2) to make a deposit to the debt service reserve account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters Finance Director Coleman presented Ordinance No. 6451, an ordinance authorizing the issuance of utility system revenue bonds in the amount of $13 million. The ordinance was reviewed at the February 4, 2013 Finance Committee meeting. There was brief discussion and clarification of Sections 2(c) and 2(d). Page 2 of 7 FN.1 Page 23 of 111 Vice Chair Wales expressed concern about issuing more debt. She spoke regarding the possible opportunity to issue bank qualified bonds at a lower rate. Finance Director Coleman responded that the cost of issuing non-bank qualified bonds is only a quarter of a percent. Pricing of the bonds is scheduled for February 28th. Chair Partridge noted that Exhibit A of the Ordinance contains a description of the improvements/projects that will be funded through the bond issue. Vice Chair Wales moved and Member Holman seconded to approve and forward Ordinance No. 6451 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 IV. RESOLUTIONS A. Resolution No. 4906 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal Public Works Director Dowdy presented Resolution No. 4906, which authorizes the surplus and disposal of five vehicles. Four vehicles are police vehicles that have met their useful life and one vehicle, used by the Parks and Recreation Director, was involved in an accident and has been declared a total loss. In response to questions from Vice Chair Wales, Director Dowdy explained that there is a schedule for the replacement of police and other vehicles. The life of vehicles can vary based upon the amount of mileage and the maintenance costs. Vice Chair Wales moved and Member Holman seconded to approve and forward Resolution No. 4906 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 V. DISCUSSION ITEMS A. SCADA System Overview (Dowdy) Utilities Engineer Dan Repp and Water Utility Engineer Cynthia Lamothe presented an overview of the control system that operates the City's utilities systems, known as SCADA, Supervisory Control and Data Acquisition System. The SCADA System project is a significant project for the utilities, and the project budget is approximately $5.5 million and has spanned two Page 3 of 7 FN.1 Page 24 of 111 and half years. The project included extensive design and standardization work. The City's existing telemetry system is antiquated and obsolete, while the new SCADA System provides redundancy, flexibility, and remote access that the current telemetry system is incapable of providing. Using a projector, Water Utility Engineer Lamothe reviewed the architecture of the system, and spoke about sanitary sewer and pump station configurations and the configuration of the water system. Utility stations/sites are still being brought online to the system. The presentation ended with the reporting capabilities of the software. The project is slated for completion in December 2013. B. December 2012 Financial Report (Coleman) Committee members reviewed the December 2012 Financial Report. Finance Director Coleman noted revenue collections totaled $52.8 million representing an increase in budgeted revenues of $49.3 million. Increased revenues were primarily from building permits, plan check fees, retail sales tax collections, and property tax collections. Expenditures totaled $52.9 million; less than budgeted expenditures of $59.0 million. There was brief discussion regarding police staffing. Mayor Lewis stated that the Police Department is authorized for 100 officers; there are currently 82 filled positions. Many of the vacancies are due to retirements. The Human Resources Department is actively recruiting for new officers and lateral transfers. Another obstacle is getting police officers accepted to the Police Academy due to staffing and funding issues at the Academy. In response to questions from Member Holman regarding garbage tax and leasehold excise tax collections, Finance Director Coleman explained that the City brought several annexation areas under the City's solid waste contract, and therefore, the City no longer receives the external vendor tax. The leasehold excise tax is primarily received from leases at the airport and leased tower sites; the reduction in revenue may be due to the timing of collections. In response to questions from Member Holman regarding the Non- departmental Fund, Finance Director Coleman stated that expenditures for LEOFF 1 medical and long term care are made from the Non-departmental Fund. Additionally, debt service payments for Valley Com and the library bond, contingency funds, and interfund transfers out are allocated to the Non-departmental Fund. Page 4 of 7 FN.1 Page 25 of 111 Vice Chair Wales questioned the return of liquor excise taxes. Finance Director Coleman explained that the State suspended liquor excise tax disbursements to cities for a twelve month period but will be reinstated at a lowered level starting July 1, 2013. Director Coleman estimated that the City will receive approximately 60 to 65 percent of what was received in 2011 liquor excise taxes. Finance Director Coleman noted that Golf Course revenues are increasing and are tracking close to 2011 levels. Member Holman noted that the Golf Course ended with a net operating loss of $365,000.00; however, if depreciation is removed, the net operating loss is approximately $22,000.00. C. Ordinance No. 6456 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013-2014 Biennial Budget ordinance, authorizing amendment to the City of Auburn 2013-2014 Budget as set forth in Schedule "A" and Schedule "B" Finance Director Coleman presented Ordinance No. 6456, representing budget amendment number one for the 2013-2014 Budget. The Ordinance carries forward several capital projects from 2012; accounts for the termination of the 40-hour furlough policy, 2013 cost-of-living adjustments, and staff additions; and adjusts revenue estimates. D. Resolution No. 4910 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the 37th Street and B Street NW Pre-Signal Project Public Works Director Dowdy presented Resolution No. 4910. The Resolution authorizes the acceptance of a federal grant in the amount of $307,550.00 to finance the design and construction of the 37th Street and B Street NW Pre-signal Project. The 20 percent matching share will be funded from the 102 Arterial Street Fund. The project will mitigate the impacts from the proposed BNSF third mainline rail anticipated to be constructed in 2014. E. Resolution No. 4912 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the West Valley Highway System Preservation Project Public Works Director Dowdy presented Resolution No. 4912, which authorizes the acceptance of a federal grant in the amount of Page 5 of 7 FN.1 Page 26 of 111 $560,000.00 to finance the design and construction of the West Valley Highway System Preservation Project. The project will overlay West Valley Highway between 15th Street NW and 37th Street NW. The total project cost is estimated to be $1,120,000.00 and will be funded from the grant and the 105 Arterial/Collector Street Pavement Preservation Fund. F. Resolution No. 4914 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the dedication of a portion of City-owned property as City Right-of-Way Planning and Development Director Snyder presented Resolution No. 4914 and explained the Resolution corrects and removes an encroachment of City owned property at 810 30th Street NE in the public right-of-way. During some recent survey work, City staff identified the encroachment, specifically the portion of the property along I Street. The Resolution authorizes the execution of a deed to dedicate a portion of the property as City right-of-way. G. Resolution No. 4915 (Snyder) A Resolution of the City of Auburn, Washington, ratifying the amendments to the King County Countywide Planning Policies for consistency with Vision 2040 Planning and Development Director Snyder presented Resolution No. 4915. The Resolution expresses the City's support and ratification of the 2012 King County Countywide Planning Policies. City of Auburn staff have been involved in the inter-jurisdictional staff team for the Countywide Planning Policies. The amendments cover a broad range of issues. Director Snyder noted the affordable housing policy changes where the City of Auburn worked to ensure a new approach that focuses more on strategies and less on numbers. H. Procurement Cards Vice Chair Wales inquired regarding the status of procurement cards. Finance Director Coleman advised that procurement cards have been ordered for the City Council. I. Letter from Seattle King County Realtors Member Holman noted the receipt of a letter dated February 15, 2013, addressed to Mayor Lewis and the City Council from Sam Pace of the Seattle King County Realtors in support of Ordinance No. 6455, which allows contractors and developers to defer payment of impact fees and system development charges to the time of closing or certificate of occupancy, but not later than 18 months after issuance of a permit. Page 6 of 7 FN.1 Page 27 of 111 VI. ADJOURNMENT There being no further business, the meeting adjourned at 7:00 p.m. APPROVED this 4th day of March, 2013. _______________________________ __________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 7 of 7 FN.1 Page 28 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: February 19, 2013 Minutes Date: February 25, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:March 4, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 29 of 111 City Council Meeting February 19, 2013 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Wayne Osborne, Largo Wales and John Holman. Department directors and staff members present: Parks, Arts and Recreation Director Daryl Faber, Police Commander Scott Near, Finance Director Shelley Coleman, City Attorney Daniel B. Heid, Planning and Development Director Kevin Snyder, Public Works Director Dennis Dowdy, Principal Planner Jeff Dixon, Economic Development Manager Doug Lein, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Planning and Development Director Kevin Snyder Mayor Lewis announced that Planning and Development Director Kevin Snyder is leaving the City of Auburn at the end of the week to take a position with the City of Sedona, Arizona. Mayor Lewis commended Director Snyder for the work he has accomplished during his tenure as Planning and Development Director, including leading City Council retreats and putting forth innovative and imaginative proposals and processes. Mayor Lewis thanked Director Snyder for his service to the City. Director Snyder thanked Mayor Lewis and Councilmembers for their support throughout the last four and a half years. 2. Goodwill Ambassadors Proclamation Mayor Lewis to proclaim Miss Auburn Program's 2013 title holders: Victoria Knight, Miss Auburn 2013 and Amanda Enz, Miss Auburn's Outstanding Teen 2013, as "GOODWILL AMBASSADORS FOR THE CITY OF AUBURN" Mayor Lewis read and presented a proclamation designating 2013 Page 1 of 12 CA.A Page 30 of 111 Miss Auburn Victoria Knight and 2013 Miss Auburn's Outstanding Teen Amanda Enz as "Goodwill Ambassadors for the City of Auburn." Mayor Lewis congratulated Miss Auburn Victoria Knight and Miss Auburn's Outstanding Teen Amanda Enz for their accomplishments. Mayor Lewis recognized Co-Executive Directors of the Miss Auburn Scholarship Program, Tamie Bothell and Lona Graves. Miss Auburn's Outstanding Teen Amanda Enz and Miss Auburn Victoria Knight thanked Mayor Lewis and Councilmembers for their support. They both expressed their gratitude to serve as goodwill ambassadors for the City, and Miss Auburn Victoria Knight spoke briefly regarding her platform to mentor young girls to be educated about women's health. 3. More Than We Imagined Award - Diane Rupert Mayor Lewis and City Council to honor and recognize Diane Rupert for her work with the City of Auburn's 2012 Tree of Giving Program. Mayor Lewis presented Diane Rupert with Auburn's More Than We Imagined Award in recognition of her work with Auburn's annual Giving Tree Program. Through the vendors and volunteers that Mrs. Rupert recruited, all persons in need and listed on the Giving Tree were provided with at least one gift. Ms. Rupert reported that 375 children, seniors, and disabled were provided with gifts. Ms. Rupert thanked the donors, Costco, WalMart, Scotty's Construction, Rotary of Auburn, Sue Singer, Donnie Johnson, and Janelle Hardie. Mrs. Rupert shared stories of people in need and the generosity of people in response. She thanked the City for the opportunity to serve. D. Agenda Modifications A revised Resolution No. 4900 and a corrected Resolution No. 4910 were distributed prior to the meeting. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing for Resolution No. 4900 (Backus/Snyder) City Council to conduct a public hearing to receive public comments, proposals and suggestions on Resolution No. 4900, declaring certain real property as no longer needed for utility purposes, declaring a portion of that property as surplus, and authorizing its disposal. Planning and Development Director Snyder presented the staff Page 2 of 12 CA.A Page 31 of 111 report for the required public hearing on the proposed disposal of approximately 9.35 acres of City-owned property referred to as the "former Crista Ministries property." The property was acquired for public utility purposes. Approximately 5.5 acres of the property is proposed for disposition to a private party and the remaining balance is proposed to be used for replacement land for Brannan Park, which is being impacted by the Reddington Levee Setback Project. Mayor Lewis opened the public hearing at 8:02 p.m. No one requested to speak during the hearing, and the hearing was closed. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Laura Moser, Municipal and Community Relations Manager for Waste Management Ms. Moser presented Mayor Lewis and Councilmembers with copies of Waste Management's 2012 Annual Report and provided highlights of report. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met February 11, 2013. The Committee reviewed Ordinance No. 6428 relating to the Director of Emergency Management and Resolution No. 4907 regarding the Interlocal Agreement between the City and King County for Solid Waste Management. The Committee discussed Ordinance No. 6398 regarding pull-tab games, bad debt write-off for parks and recreation fees, a preliminary project for a Vietnamese Veterans Memorial, animal control and rescue, concealed weapons permits, and the Committee's project matrix. The next regular meeting of the Municipal Services Committee will be held February 25, 2013 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met February 11, 2013. The Committee reviewed Ordinance No. 6455 relating to deferred impact fees and system development charges, Resolution No. 4905 relating to an agreement with King County, King County Flood District and the City of Auburn for the District's Reddington Levee Setback and Extension Project, Resolution No. 4900 relating to the surplus of real property Page 3 of 12 CA.A Page 32 of 111 owned by the City's storm utility, and Resolution No. 4901 authorizing a Purchase and Sale Agreement between the City and River Mobile Estates. The Committee discussed a city code change related to electrical fences, shared student rental housing, a proposed Vietnamese Veterans Memorial, economic development and park impact fees, King County Countywide Planning Policies, temporary off- premise real estate signs, the director's report, and the Committee's matrix. The next regular meeting of the Planning and Community Development Committee is scheduled for February 25, 2013 at 5:00 p.m. Chair Backus thanked Planning and Development Director Snyder for his leadership and his accomplishments while at the City of Auburn. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee reviewed Resolution No. 4914 dedicating a portion of the City-owned property as City right-of-way to correct a survey error that occurred several years ago, Resolution No. 4910 accepting a federal grant for the 37th Street and B Street NW signal project, and Resolution No. 4912 accepting a federal grant for the West Valley Highway System Preservation Project. The Committee discussed Resolution No. 4906 to surplus several vehicles, the 2012 year-end report for the Save Our Streets Program, flashing yellow left turn arrows, capital projects status report, and the Committee's matrix. The next regular meeting of the Public Works Committee is scheduled for March 4, 2013. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed claims vouchers in the amount of $4.3 million, payroll vouchers in the amount of $2 million, and bad debt write- off in the amount of $3,641.00 in parks and recreation fees. The Committee also reviewed Ordinance No. 6451 authorizing the issuance of revenue bonds to finance water system and storm drainage system improvements and Resolution No. 4906 approving the surplus of several vehicles that have reached the end of their replacement cycle. The Committee received a presentation on the SCADA system and discussed the December 2012 Financial Report, Ordinance No. 6456 relating to a budget amendment to carry forward unspent capital projects and adjust salaries and benefits, and Resolution Nos. 4910, 4912, 4914 and 4915. The next regular meeting of the Finance Committee is scheduled for March 4, 2013 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Center Committee met February 6, 2013. The Committee discussed financing options for Page 4 of 12 CA.A Page 33 of 111 the community center and reviewed a $3.5 million grant application that was submitted to the State Legislature. The next regular meeting of the Les Gove Community Center Committee is scheduled for March 27, 2013. F. Council Operations Committee The Council Operations Committee has not met since the last Council meeting. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. February 4, 2013 Meeting Minutes B. Claims Vouchers (Partridge/Coleman) Claims check numbers 420355 through 420664 in the amount of $4,309,850.92 and dated February 19, 2013. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533602 through 533631 in the amount of $843,431.35 and electronic deposit transmissions in the amount of $1,190,039.16 for a grand total of $2,033,470.51. D. Bad Debt Write Off - Parks, Arts & Recreation (Partridge/Faber) City Council approve the write off of outstanding Parks, Arts & Recreation accounts in the amount of $3,641.00. Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda consists of claims and payroll vouchers and bad debt write-off. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6428 (Peloza/Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 2.75.040 and 2.75.060 of the Auburn City Code relating to the Director of Emergency Management Page 5 of 12 CA.A Page 34 of 111 Councilmember Peloza moved and Councilmember Osborne seconded to adopt Ordinance No. 6428. Ordinance No. 6428 changes the Director of Emergency Management from the Chief of Police to another Mayoral appointee. MOTION CARRIED UNANIMOUSLY. 7-0 B. Ordinance No. 6451 (Partridge/Coleman) An Ordinance of the City of Auburn, Washington, relating to the combined utility systems of the City; providing for the issuance of one or more series of utility system revenue bonds of the City in the aggregate principal amount of not to exceed $13,000,000.00 (1) to pay a portion of the cost of certain improvements described herein, (2) to make a deposit to the debt service reserve account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters Councilmember Partridge moved and Councilmember Wales seconded to adopt Ordinance No. 6451. Ordinance No. 6451 provides for the issuance of utility revenue bonds to fund water system improvements and storm drainage improvements. MOTION CARRIED UNANIMOUSLY. 7-0 C. Ordinance No. 6453 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of HCA Management LLC for rezoning of the northern 5.95 acres of a parcel from P1, Public Use to MHC, residential Mobile Home Community to implement the Comprehensive Plan and amending the City's zoning maps Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Ordinance No. 6453. Ordinance No. 6453 is required to accommodate the Reddington Levee Setback Project. MOTION CARRIED UNANIMOUSLY. 7-0 D. Ordinance No. 6454 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of the Auburn School District for rezoning of two parcels totaling approximately 0.63 acres located SE of the Auburn High School from RO, Residential Office to I, Institutional and to change twelve parcels totaling approximately 1.74 acres located NW of the high school from R-20, Residential to I, Institutional to implement the Page 6 of 12 CA.A Page 35 of 111 Comprehensive Plan and amending the City's zoning maps Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Ordinance No. 6454. Ordinance No. 6454 approves a rezone related to the Auburn High School redevelopment and reconstruction project. MOTION CARRIED UNANIMOUSLY. 7-0 E. Ordinance No. 6455 (Backus/Snyder) An Ordinance of the City Council amending Sections 13.41.040, 19.02.070, 19.04.040, 19.06.040 and 19.08.030 of the Auburn City Code related to deferral of payment of impact fees and system development charges Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Ordinance No. 6455. Ordinance No. 6455 provides for the deferral of utility system development charges and impact fees to the time of closing or certificate of occupancy, but not later than 18 months after issuance of a permit. The deferral of fees was originally implemented under Ordinance No. 6341 as a two-year pilot program. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 4900 (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, declaring certain real property as no longer needed for utility purposes, declaring a portion of that property as surplus, and authorizing its disposal Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 4900. A public hearing was held earlier this evening on Resolution No. 4900. The Resolution declares stormwater utility-owned property as surplus. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 4901 (Backus/Snyder) A Resolution of the City Council authorizing the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn and River Mobile Estate for real property Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 4901. Page 7 of 12 CA.A Page 36 of 111 Resolution No. 4901 authorizes a Purchase and Sale Agreement with River Mobile Estates for the purchase of city property. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 4905 (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Auburn, King County, and the King County Flood Control Zone District for easements associated with the Reddington Levee Extension and Setback Project Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 4905. Resolution No. 4905 authorizes an Interlocal Agreement between King County, King County Flood Control District and the City of Auburn related to the District's Reddington Levee Setback and Extension Project. MOTION CARRIED UNANIMOUSLY. 7-0 D. Resolution No. 4906 (Partridge/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal Councilmember Partridge moved and Councilmember Wales seconded to adopt Resolution No. 4906. Resolution No. 4906 approves the surplus of five vehicles that have met their useful life. MOTION CARRIED UNANIMOUSLY. 7-0 E. Resolution No. 4907 (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amended and restated interlocal agreement between the City of Auburn and King County for solid waste management Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4907. Resolution No. 4907 approves an amended and restated Solid Waste Interlocal Agreement with King County for solid waste transfer and disposal services. The agreement also updates liability language to protect the City. The interlocal is extended to 2040 to allow King County to finance the construction of new transfer stations with long-term bonds. Page 8 of 12 CA.A Page 37 of 111 MOTION CARRIED UNANIMOUSLY. 7-0 F. Resolution No. 4909 (Backus/Heid) A Resolution of the City Council of the City of Auburn, Washington, amending the City Council Rules of Procedure as adopted by Ordinance No. 5802 and amended by Resolution Nos. 4282, 4429, 4467, 4615, 4686, 4740 and 4813 Deputy Mayor Backus moved and Councilmember Wagner seconded to adopt Resolution No. 4909. Resolution No. 4909 amends the City Council rules as it relates to Council communication, internally and externally, related to outside consultants and Council liaison appointments. MOTION CARRIED UNANIMOUSLY. 7-0 G. Resolution No. 4910 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the 37th Street and B Street NW Pre-Signal Project Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4910. Resolution No. 4910 authorizes the acceptance of a grant in the amount of $307,550.00 to finance the design and construction of the 37th Street and B Street NW Pre-signal Project. MOTION CARRIED UNANIMOUSLY. 7-0 H. Resolution No. 4912 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the West Valley Highway System Preservation Project Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4912. Resolution No. 4912 authorizes the acceptance of a $560,000.00 preservation grant for resurfacing of West Valley Highway from 15th Street to 37th Street NW. MOTION CARRIED UNANIMOUSLY. 7-0 I. Resolution No. 4914 (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the dedication of a portion of City-owned property as City Page 9 of 12 CA.A Page 38 of 111 Right-of-Way Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 4914. Resolution No. 4914 dedicates a portion of property located at 810 NE 30th Street NE between Auburn Way North and I Street NE as City right-of-way. MOTION CARRIED UNANIMOUSLY. 7-0 J. Resolution No. 4915 (Backus/Snyder) A Resolution of the City of Auburn, Washington, ratifying the amendments to the King County Countywide Planning Policies for consistency with Vision 2040 Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 4915. Resolution No. 4915 approves the King County Countywide planning policies that address growth management issues in King County. MOTION CARRIED UNANIMOUSLY. 7-0 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported on her attendance at the Association of Washington Cities Legislative Conference in Olympia where she met with state legislators and reviewed the Association of Washington Cities legislative agenda. Councilmember Wagner reported on his attendance at the Regional Access Mobility Partnership (RAMP) where members discussed the proposed extension of State Route 167 from the Port of Tacoma to Puyallup. Councilmember Wagner also attended the Pierce County Regional Council meeting, the Auburn Youth Resources breakfast, the Valley Regional Fire Authority Board of Governors and Finance meetings, the Thoroughbred Association Awards Banquet, and the Association of Washington Cities Legislative Conference where Auburn Councilmembers discussed possible funding sources for the Community Center with legislators. Councilmember Holman reported on his attendance at the Puget Sound Regional Council Growth Management Board meeting, the Association Page 10 of 12 CA.A Page 39 of 111 of Washington Cities Legislative Conference where Councilmembers met with Senators Pam Roach and Joe Fain and Representative Roger Freeman to discuss issues affecting the City of Auburn. Additionally, Councilmember Holman reported that he was a guest speaker at Green River Community College's Criminal Justice class where he spoke on the American civil rights movement. Councilmember Peloza reported on his attendance at the Regional Water Quality Committee meeting, the Water Resource Inventory Area (WRIA) 9 Watershed Ecosystem Forum, the Daughters of the American Revolution Lakota Chapter awards and recognition ceremony, the King Conservation District meeting, the Association of Washington Cities Legislative Conference, the Sister Cities meeting, the Port of Seattle Board meeting held at Auburn City Hall, the National League of Cities Energy, Environment and Natural Resources Committee planning session, and the Auburn Youth Resources breakfast. Councilmember Peloza announced the Auburn Veterans of Foreign Wars will be sponsoring a free showing of the film, High Ground, at Auburn Avenue Theater. Councilmember Osborne reported he attended, as a member of the Regional Transit Committee, a meeting with staff on current transit and future transit needs. Councilmember Osborne also reported on his attendance at the Pierce County Regional Council meeting, the Auburn Youth Resources breakfast, the Association of Washington Legislative Conference, and the transportation forum with the Port of Seattle. Councilmember Partridge reported on his attendance at the Regional Law, Safety and Justice Steering Committee meeting and the Auburn Youth Resources breakfast. B. From the Mayor Mayor Lewis spoke briefly regarding the Valley Cities' Alive and Free Program operated through the Auburn YMCA to eliminate gang activity, Valley Communications and other 911 systems, the State of the City address, the EMD 3 on 3 hoop fest event that will be held at Emerald Downs this summer, the sale of the Cavanaugh block where a six story mixed-use building will be constructed, the Association of Washington Cities Legislative Conference, and the Port of Seattle roundtable meeting on transportation that was held last week at Auburn City Hall. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:31 p.m. APPROVED this ______ day of March, 2013. Page 11 of 12 CA.A Page 40 of 111 ____________________________ _____________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 12 of 12 CA.A Page 41 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: February 25, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: Claims check numbers 420665 through 420951 in the amount of $957,217.61 and dated March 4, 2013. Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:March 4, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 42 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: February 25, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the payroll vouchers. Background Summary: Payroll check numbers 533632 through 533661 in the amount of $268,032.73 and electronic deposit transmissions in the amount of $1,207,092.55 for a grand total of $1,475,125.28. Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:March 4, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 43 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0921 Date: February 26, 2013 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate # 5 Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate No. 5 to Contract No. 10-02 in the amount of $ 25,741.42 and accept construction of Project No. CP0921, Bi-Annual Sanitary Sewer Repair and Replacement. Background Summary: This project constructed sanitary sewer conveyance improvements to repair damaged lines and/or replace problem lines as shown on the attached map and as follows: 1.Auburn Way South (at 7th St SE) - internal spot repair; 2.D Street SW (3rd St SW) - 300 linear feet each of 8-inch sewer main and 4-inch water main replaced; 3.H Street SE (in sewer easement between H Street SE and Alley east of H Street SE) - 8-inch main replaced; 4.3rd Street SE (north of 3rd St SE, in easement west of R Street SE) - 200 linear feet of 8-inch main replaced; 5.Main Street (south of Main St, in easement west of R Street SE) - 100 linear feet of 8-inch sewer main replaced; 6.51st Street NE (north of 1st St NE, in easement east of K Street SE) - 275 linear feet of sewer main replaced; 7.L Street SE (at 120 L St SE) - internal spot repair, and; 8.SE 320th St (at 10815 SE 320th St) - side sewer replaced in right of way. Improvements included replacement of 1,000 feet of 8-inch diameter sewer main and, 300 feet of 4 inch diameter water main and 300 linear feet of internal slip-lining on a sewer main. Additionally 1,000 square yards of asphalt pavement was repaired as part of the trench restoration work. A project budget contingency of $ 270,615.00 remains in the 431 Sanitary Sewer Fund. AUBURN * MORE THAN YOU IMAGINEDCA.D Page 44 of 111 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:March 4, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 45 of 111 Project No: CP0921Project Title: Project Manager: Robert Lee Project Initiation Initiation Date: _11/21/2011__ Permision to Advertise Advertisement Date: _3/19/2012__ Contract Award Award Date: _6/4/2012_ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 2013 Total 431 Fund - Sewer 50,533023,102073,635 431 Fund - Sewer (Bond Funds)046,752715,2480762,000 432 Fund - Storm R&R program004,42404,424 430 Fund - Water 0078,104078,104 328 Fund - Sidewalk 0013,389013,389 Total50,53346,752834,2670931,552 Activity Prior Years201120122013 Total Design Engineering - City Costs50,53346,75235,0000132,285 Construction Contract Bid 00543,0840543,084 Change Order #1 00 (10,456)0 (10,456) Change Order #2 0016,562016,562 Change Order #3 0012,708012,708 Line Item Changes 00 (68,246)0 (68,246) Construction Engineering - City Costs0035,000035,000 Total50,53346,752563,6510660,936 Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET Bi-Annual Sewer Repair/Replacement Date: February 25, 2103 The "Future Years" column indicates the projected amount to be requested in future budgets. Total 50,533 46,752 563,651 0 660,936 Prior Years201120122013Total *328 Funds Budgeted ( )00(13,389)0(13,389) 328 Funds Needed 0013,389013,389 *328 Fund Project Contingency ( )00(0)0(0) 328 Funds Required 00000 Prior Years201120122013Total *431 Funds Budgeted ( )(50,533)(46,752)(738,350)0(835,635) 431 Funds Needed 50,53346,752467,7350565,020 *431 Fund Project Contingency ( )0 (0)(270,615)0(270,615) 431 Funds Required 00000 Prior Years201120122013 Total *432 Funds Budgeted ( )00(4,424)0(4,424) 432 Funds Needed 004,42404,424 *432 Fund Project Contingency ( )00(0)0(0) 432 Funds Required 00000 Prior Years201120122013 Total *430 Funds Budgeted ( )00(78,104)0(78,104) 430 Funds Needed 0078,104078,104 *430 Fund Project Contingency ( )00000 430 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 430 Water Budget Status 328 Sidewalk Budget Status 431 Sewer Budget Status 432 Storm Budget Status H:\PROJ\CP0921 Bi-Annual Sewer Repair & Replacement\Budget\CP0921 BudgetStatusSheet.xls1 of 1CA.D Page 46 of 111 CITY OF AUBURN CO. NO. 10-02 CP0921 BI-Annual Sewer Repair& Replacement PAY ESTIMATE#5 SCHEDULE A. Sanitary Sewer Utility Improvements ITEM ESTIMATE TOTAL PERIOD UNIT I PERCENT NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE UNIT COST TOTAL COST I PERIOD COST EST.QTY. 1 _Minor Changes 1 0.1721 0.172 Eq.Adj. 15000.00 $_2,582.68 $ 2,582.68 17% 2 SPCC Plan 1 1 LS 500.00 $ _ 500.00 $ 100% 3 Utility Potholing 10 101 EA 350.00 $ 3,500.00 $ 100% 4 Mobilization 1 1 LS 3.3500.00 $33,500.00 $ 100% 5 Construction Site Sign(s) _ 2 6 EA 300.00 $ 0% 6 Traffic Control Labor (Min. Bi_d_$_3.4_.00_per hour) 260 62 HR 34.00 $ 2,108.00 $ 24% 7 Traffic Control Supervisor 1 1 LS 156CO6_$__ 1,500.00 $ 100% 8 Sequential Arrow Sign 6 0 DAY 30.00 _$ 0% 9 Clearing and Grubbing 1 1 LS 1000.00 $ 1,600.00 $ 100% 10 Removal of Structures and Obstructions _ 1 1 LS 3500.00 $ 3,500.00 $ 100% 11 Remove and Reset Fence 500 422 LF 8.00 $ 3,376.00 $ 84% 12 Removal of Cement Concrete Flat Work _ 95 104.6 SY 00 8 36.80__ 836.80 $ 110% 13 Roadway Excavation Including Haul _ 225 226 CY 32.00 $ _ 7,2.32.00_ $ __ 100% 14 Unsuitable Foundation Excavation 25 _ 0 CY 35.00 $ 0% 15 Gravel Borrow Including Haul 40 0 TON 22.00 $ 0%__ __ 0% 16 Subgrade Preparation 665 665 SY 5.00 $ 3,325.00 $ 100% 17 Shoring or Extra Excavation Class B 8840 _ 4199 SF 0.10 $ 419.90 $ _______ __ _ 48% 18 Crushed Surfacing Top Course _ 45 124.3 TON 42.00 $ 5,220.60 $ 276% 19 Crushed Surfacing Base Course 130 TON 32.00 $10,207.04 $ 245% 20 HMA CI.1/2-Inch PG 64.22(Class 8) __ 130 221.25 2 TON 150.00 $33,187.50 $ 300.00 170% 21 Asphalt Cold Patch ____ 25 30 TON 125.00 $ __3_,_7_50.00_ $120% 22 Commercial HMA 30 0 TON 150.00 $ 0% 23 Manhole Type 1,48-Inch Diam 6 __6 EA 2800.00 $16,800.00 $ 10_0% 24 Manhole Type 1,60-Inch Diam 0 0 EA 8500.00 $ 25 Connect to Existing Manhole 4 5 EA 1500.00 $ 7,500.00 $ 125% 26 Pipe Foundation Material 220 0 _ TON 18.00 $ 0% 27 Select Pipe Trench Backfill 370 197.79 TON 25.00 $ 4,944.75 $ 53% 28 Imported Pipe Trench Backfill 500 1228.05 TON _ __ 12.00 $14,736.60 $ 246% 9.229_Imported Pipe Bedding 300 431 TON 25.00 $10,980.25 $ 146% 30 Controlled Density Fill(CDF)for Trench Backfill 10 0 I CY 150.00 $ _ 0% 31 Controlled_Density Fill(CDF)for Filling Pipe 15 3.5 CY 300.00 $_ _ 1,050.00 $ 23% Solid Wall Polyvinyl Chloride(PVC)Sewer Pipe,SDR-35,8 32 inch Diam. 770 782 LF 78.00 $60,996.00 $ 102% 33 Sewer Television Inspection 1303 1025 LF_ 3.06 $ 3,075.00 $ 79% 34 6 inch Diam.PVC Side Sewer with 6 inch Diam. PVC Cleanout 520 517 LF 48.00 $24,816.00 $ 99% 35 Pre-Installation Cleaning and Inspection 290 290 290-LF 3.00 $ 870.00 $ 870.00 100% Furnish and Install 10-inch Diameter CIPP at 6.Omm liner 36 thickness 290 290 290 LF 50.00 $14,500.00 $ 14,500.00 100% 37 _Internal Reinstatement of Side Sewer 1 1 1 EA 525.00 $ 525.00 100% 38 Temporary Water Pollution/Erosion Control 1 0 Eq.Adj. 20000.00 $ 0% 39 _Top Sol Type A 0 71.25 CY 60.00 $ 4,275.00 $ 238% 40 Lawn Sod 250 882.4 SY 10.00 $ 8,824.00 $ 353% SCHEDULE SUBTOTAL $ 18,777.68 Period Dates Begin:Dec.21,2012 End: Jan.20,2013 h:lprojVe\CP0921 PE.xls 1 of 6 1/28/2013 at 10:57 AMCA.D Page 47 of 111 CITY OF AUBURN CO. NO. 10-02 CP0921 Bi-Annual Sewer Repair& Replacement PAY ESTIMATE#5 SCHEDULE A. Sanitary Sewer Utility Improvements ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT NO. ITEM DESCRIPTION UANTITY QUANTITY QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST EST. TY. 41 _ Bark Mulch 12 3 CY 45.00 $ 135.00 $ 25% 42 _Landscape Restoration 1 0.234 _ 0.234 Eq.Adj. 25000.00 $ 5_,855.26 $ 5,855.26 23% PSIPE Cryptomeria Japoninca'Elgans'(Plume Japanses j 43 Cedar)5-ft Height,18-inch Min.Rootball Diam.i SIPE 4 4 EA 325.00 _$ 1,300.00 $__ 100% P Juniperus Chinensls'Columnaris'(Chinese Juniper)5-ft 44 height,18-inch Min.Rootball Diam. 6 5 EA 200.00 $ 1,00.0.00_ $ 83% PSIPE Comus Florida'Cornaceae'(Flowering Dogwood),5-ft 45 Height, 18-inch Min.Rootball Diam. 6 _ 7 EA 425.00 $ 2_,975.00 $ 117% PSIPE Buxus Sempervirens'Buxaceae'(Common Boxwood), 46 3-Ft Height, 12-inch Min.Rootball Diam. _ 8 8 EA_ 1.00.00 $ 800.00 $ 100% 47 Cement Concrete Traffic Curb and Gutter 600 810 LF _ 28.00 $17,080.00 $ 102% 46 Dewalering System 160 0 UF 75.00 $ 0% 49 Residential Driveway 70 43.9 SY 75.00 $ 3,292.50 $ 63% 50 Industrial and Commercial Driveway 35 20 SY___ 80.00 $ 1,600.00 $ 57% 51 Temporary Chain Link Fence 500 422 LF 4.00 $ 1,_688.00 $ 84`Y° 52 Monument Type B(Modified) 1 _ 0 _ EA 325.00 $ 0% 53 Cement Concrete Sidewalk 36 51.3 SY 65.00 _$_3,334.50 $ 143% 54_ Wood Fence,6 ft.Tall 40 _ 0 LF 45.00—$— _ 0% 55 Wood Gate,6 ft.Tall 1 0 EA 500.00 $ 0% CO-2 Grind and Overlay L Street NE Site Repair 1 1 LS 15125 $15,12.5.00 $ 100% CO-1 Quantify C_hange for Bt#'s 24,25,32 Solid wall Polyvinyl Chloride(PVC)Sewer Pipe,SDR-35,8 In. GO-1-1 Diam.Site5 243 243 LF 65.00 $15,795.00 $ 100% CO-1-2 Modify/Rechannel/Connect to Existing Manhole 1 1 EA 3610,00 $ 3,610.00 _$ 100% SCHEDULE TOTAL $ 24,632.94 Period Dates Begin: Dec.21 2012 End: Jan.20,2013 h:\proj\pe\CP0921 PEAS 2 of 6 1/28/2013 at 10:57 AMCA.D Page 48 of 111 CITY OF AUBURN CO. NO. 10.02 CP0921 Bi-Annual Sewer Repair&Replacement PAY ESTIMATE#5 SCHEDULE B: Water Utility Improvements ITEM I QUANTITY QUANTITY QUANTTIITTY TYPE I UNIT COST TOTAL COST PERIOD COST PERC TY EST NO. ITEM DESCRIPTION 56 Shoring or Extra Excavation Class B 50 0 SF 0.10 $ 0% 57 Crushed Surfacing Top Course 20 _ 31.78 TON 60.00 $ 1,906.80 $ 159% 58 Crushed Surfacing Base Course 60 76.04 TON 60.00 $ 4,562.40 $ 127% 59 HMA Cl.1/2-inch PG 64-22(Class B) 45 0 TON 150.00 $ 0% 60 Pipe Foundation Material ___ 65 0 TON 20.00 $ 0% 61 Select Pipe Trench Backfill 150 0 TON 20.00 $ 0% 62 Imported Pipe Bedding 85 _ 80.48 TON 20.001 $ 1,609.60 $ 95%95% 63 Controlled Density Fill(CDF)for Trench Backfll 5 0 _ CY 145.00 $ 0% 64 Controlled Density FMII for Filling Pipe 2 _ 0 CY 1000.00 $ 0% 65 Connect to Existing Water Main 1 1 EA 3000.00 $ 3,000.00 $ 1.00°% Special Class 52 Ductile Iron Pipe for Water Main,8 Inch 66 Diameter 300_ 327 LF 60.00 $19,620.00 $ 109% 67 Gate Valve,81nch Diameter 1 1 EA 1200.00 $ 1,200.00 $ 100% 68 Tapping sleeve and Valve Assembly(12 x 8 x 12 Inches) _ 1 2 EA 6800.00 $13,600.00 $ __ - 200% 69 Hydrant Assembly 1 1 EA 4200_.00 _$ _ _4,200.00 $ 100% Water Service Connection''Y..inch Meter with 1 inch Diam. 70 Service Line and Private Valve 13 14 EA 1300.00 _$_ _ 18,200.00 $ 108% 71 Top Soil Type A 5 0 CY 70.00 $ 0% 72 Lawn Sod 45 45 SY 15.00 $ 675.00 $ 100% 73_ Bark Mulch 5 0 CY 75.00 $ 0% 74 Landscape Restoration 1 __ 0 Eq Adj. 10000.00 $ 0% 75 Cement Concrete Traffic Curb and Gutter 60 0 LF 70.00 $ 0% 76 Cement Concrete Sidewalk 36 32 4 Sy 85.00 $ 2,754.00 $ 90% SCHEDULETOTAL $ Period Dates Begin: Dec.21 2012 End: Jan.20,2013 h:lgro8De1CP0921 PE.xls 3 of 6 lnsn013 er 10-67 AM CA.D Page 49 of 111 CITY OF AUBURN CO. NO. 10-02 CP0921 Eli-Annual Sewer Repair&Replacement PAY ESTIMATE#5 SCHEDULE C: Storm Utility Improvements ITEM ESTIMATE TOTAL PERIOD UNIT i PERCENT EST N0. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE UNIT COST I TOTAL COST PERIOD COST CITY. 77 1 Shoring or Extra Excavation Class 8 160 0 SF 0.10 $ 0% 78 Polyvinyl Chloride(PVC)Storm Pipe,SDR-21, 12 inch Dlam. 16 __ 16 LF _ 90.00 $ 1,440.00 $ 100°k 79 Storm Sewer Television Inspection 16 _ 0 LF 12.00 $ 0% 80 Catch Basin Type I 1 _ 2 EA 1300.00 $ 2,600.00 $ 81 Pipe Foundation Material 4 0 _ TON 23.00 $ 0% 82 Imported Pipe Bedding 5 0 TON 25.00 $ 0% 83 Select Pipe Trench Backfill 1 10 1 01 1 TON 1 25.00 $ 0% SCHEDULETOTAL $ CITY OF AUBURN CO. NO. 10-02 CP0921 Bi-Annual Sewer Repair& Replacement PAY ESTIMATE#5 SCHEDULE D: Roadway Restoration work ITEM ESTIMATE TOTAL PERIOD I UNIT PERCENT EST N0. ITEM DESCRIPTION UANTITY UANTITY I QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST QTY CO3-1 Remove and Replace Sidewalk 1 125 131-71 1 SY 101.66 $13,388.62 $ SCHEDULETOTAL Period Dates Begin: Dec.21,2012 End:Jan 20,2013 hAprolpe1CP0921 PEAS 4 of 6 1/28=13 at 10:52 AMCA.D Page 50 of 111 CO. NO. 10-02 CITY OF AUBURN CP0921, Bi•Annual Sewer Repair& Replacement Bi-Annual Sewer Repair&Replacement PROJECT SUMMARY CO NO. 10-02 PAY ESTIMATE#5 Original Contract Contract Change Amount Orders Total Payment This Period Percent/Contract SCHEDULE A: Sanitary Sewer Utility Improvements Contract 403,512.00 $ 5,576.00 $ 363,228.38 $24,632.94 89% Sales Tax(+9.5%) $ 38,333.64 $ 529.72 $ 34,506.70 $ 2,340.13 Retainage(-5%) 18,161.42) $1,231.65) SCHEDULE TOTAL $ 441,845.64 $ 6,105.72 $ 379,573.66 $ 25,741 42 SCHEDULE B: Water Utility Improvements Contract 89,040.00 $ 71,327.80 $ 80% Sales Tax(+9.5%) $ 8,458.80 $ 6,776.14 $ Retainage(-5%) 3,566.39) $ SCHEDULE TOTAL $ 97,498.80 $ 74,537.55 $ SCHEDULE C: Storm Utility Improvements Contract 3,415.00 $ 4,040.00 $ 118% Sales Tax(+9,5%) $ 324.43 $ 383.80 $ Retainage(-5%) 202.00) $ SCHEDULETOTAL $ 3,739.43 $ 4,221.80 $ SCHEDULED: Roadway Restoration work Contract 12,707.50 $ 13,388.62 $ 105% No Tax Applicable Retainage(-5%) 669.43) $ SCHEDULE TOTAL $ 12,707.50 $ 12,719.19 $ TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax) 493,651 44 TOTAL PAYMENT TO CONTRACTOR 471,052.20 $ 25,741 42 PAYMENT DUE CONTRACTOR: 25,741 42 Period Dates Begin: Dec.21.2012 End: Jan.20,2013 h:%proiMe\CP0921 PE.xls 5 of 6 2/14/2013 at 9:20 AMCA.D Page 51 of 111 CITY OF AUBURN CO NO 10-02 CP0921 PAY ESTIMATE#5 & FINAL CONTRACTOR: Rodarte Construction PO Box 1875 Auburn, WA 98071 Phone: 253-939-0532 The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever nature which I may have, arising out of this contract, which are not set forth in this estimate. PAYMENT DUE TO CONTRACTOR= 25,741 42 Signatures: Contractor Date Inspector Date /2-9—/ Z 11z l3 Project Manager Date City Engineer Date hAoroi\oe\CP0921 PE.As 6 of 6 119819013 nt 1106 AMCA.D Page 52 of 111 CA.D Page 53 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6456 Date: February 22, 2013 Department: Finance Attachments: Memo Ord 6456 Schedule A Schedule B Budget Impact: $18,475,875.16 Administrative Recommendation: City Council to adopt Ordinance No. 6456. Background Summary: Ordinance No. 6456 (Budget Amendment #1) amends the 2013-2014 Adopted Budget as presented in the attached transmittal memorandum and supporting attachments. Reviewed by Council Committees: Finance, Planning And Community Development, Public Works Councilmember:Partridge Staff:Coleman Meeting Date:March 4, 2013 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 54 of 111 Interoffice Memorandum To: City Council From: Shelley Coleman, Finance Director CC: Pete Lewis, Mayor Date: February 12, 2013 Re: Ordinance #6456 – 2013-2014 Budget Amendment #1 This amendment is the first budget amendment for the 2013-2014 biennium. Proposed amendments to the 2013 budget are as follows: Carryforward of unspent capital project spending authority from 2012. This amendment enables the completion of various capital projects in 2013 by carrying forward unspent project resources at the end of 2012. Significant projects requested to be carried forward include: - General Fund: Human Services and Community Service projects - Arterial Street Fund: M Street Underpass; Citywide Guardrail Improvements; Auburn Way South Fir to Hemlock roadway improvements - Local Street Fund: Citywide local street pavement reconstruction projects - Arterial Street Preservation Fund: Citywide pavement patching and chip sealing - Municipal Park Construction Fund: Lea Hill Park Improvements; Fenster Levee Setback - General Capital Construction Fund: City Hall Remodel and HVAC Upgrade - Local Revitalization Fund: City Hall Plaza and Downtown Pedestrian Lighting and Kiosks - Water Utility: Well 1 Improvements, Auburn Way S. Dogwood to Fir - Sewer Utility: Sewer Pump Station Improvements, SCADA Improvements - Stormwater Utility: Auburn Way South Flooding - Innovation and Technology Fund: Citywide technology system maintenance and upgrades Salary and Benefit Adjustments – Nonaffiliated employees. This amendment allocates funds to reflect revised salaries and benefits consistent with Council approved adjustments. These include termination of the 40-hour furlough policy and 2013 cost-of-living adjustments. The cost of this amendment is approximately $400,000 in the General Fund and $200,000 in all other funds. Funding will be from available ending 2012 fund resources. Establish Sewer Metro Wastewater Fund This amendment moves $14.0 million in budgeted Metro wastewater revenues and expenses from the Sewer Fund to the Sewer Metro Wastewater Fund. By separately accounting for Metro wastewater revenues and expenses, it will provide greater visibility and accountability to the management of payments to King County. ORD.A Page 55 of 111 Staffing and Contract Labor Increases. This amendment also includes the following requested adjustments to FTEs: - Economic Development Planner: Authorizes a new 1.0FTE Economic Development Planner to support citywide economic development efforts. The function of this position has historically been provided under contract. Funding for this request ($118,600) will be from the General Fund. - Emergency Management: Increases Office Assistant from .6FTE to 1.0FTE to support emergency management workload. The cost of this position ($51,000) will be fund 30% by the General Fund with the remaining 70% funded by the water, sewer, and stormwater funds. Future grant funding may be available to offset the cost of this position. - Museum Contract Labor: Authorizes funding for continued contract funding of a Museum Curator of Collections to provide educational outreach and public program support. Funding for this request ($48,000) will be from the General Fund. Revenue Adjustments. - Sales Taxes: This amendment adjusts 2013 estimated sales taxes upward to $13,169,556 (vs budget of $12,755,116) recognizing the higher than expected 2012 collections of $13,039,174. Local and regional sales tax activity continues to improve with the regional/national economies. - Probation: Under the City’s court contract with King County District Court, probation revenues are received and retained by the County. This amendment eliminates $202,005 in budgeted probation revenues consistent with the court contract. The following table summarizes the current and revised budget as a result of this amendment. Table 1: 2013 Budget as Amended 2013 Approved Budget $ 226,354,994.00 Budget Amendment #1 (Ord #6456) 18,475,875.16 Budget as Amended $ 244,830,869.16 Attachments: 1. Proposed Ordinance #6456 (budget adjustment #1) 2. Summary of proposed 2013 budget adjustments by fund and department (Schedule A) 3. Summary of approved changes to adopted 2013 budget by fund (Schedule B) ORD.A Page 56 of 111 Z1 a6ed LOZ 'Z6tienjgad 99b9ON90ueu1pJ0 ayj 'p!Ienwaqofplaysiaoue;swnonojouosiedAueof ;oajagjuo!leo!ldde ayjJoaoueu!pJOs!yJ ;ouo!s!nadAue ;I /4II!geJanag •Zu01138g uo!joadsuio!Igndjo; algel!enepueNJ910X3!0eqjy;!nnal!; uos! „g„ alnpayoS pue „y„ alnpayoSp!es ;oAdooy „g„ alnpayoSpue „y„ alnpayoSp!esuoumogs s;unoweaan;!puedxapueanuanaJazllgno; pezuoglneAgajaqs! uol6ulgseM uangny }oAj!0eqj ;ojoAeWeql -aouejejejAqu!aiaqpalejodjoouipueojejaq pagoe}}e „y„ alnpagoSuounnogssesajn}!puedxepuesanuanaJayJ10911aa04 'M02i 17£'t/9Eja;dey0o4juensindpapuawesiuangny;o41!0eqjjo1a6pngle!uua!g1760Z E60Zaql196pngle!uua!g460Z-£60Zay; ;o ;uewpuawv •6uo!;aag SM01103S`dNIVMIO00NOlJNIHSVM N2jnev30lllO31-ll30110Nf100Am3H1 '321033N31-l1MON 0oZ,b6,y8£ M02i43!nnaouepi000ewsuosjadl!ounooIlejoA4uofew alluegjajowauoAqpanoiddeueeqseyaoueu!pJOSM 'SV3213HM pue 6#b'8) eoueu!pi0s!43wpau!l;nose ;a6pnq £60Zaqjjospun; snouenaqjo} spun} leuo!;!ppea}epdoiddeoftiessaoau3! sweepuangny ;oAj!0eqj 'Sb'32i3HM pue :1a6pnqle!uua!g 460Z-£60Zwngny ;o41!0aqjpaldopego!4nnZ6179ONaoueuipi0paidope `Z60Z jagwaoa0jo6uileawjeln6eisj! ;eI!ouno0X3!0wngnyaqj 'SV3213HM 8„ 31f103HOS 0N`d „t/„ 31f103HOSNIHi2IOJ13SSV13J0f184602-um N2ifonv30AiI031-11OllN3WdNEIMJNIZWOH-mv 30NVN142i013oano -1VINN3I8460Z-E60Z31-l1 'ZE49 ON30NVN10a0ONION3114b' 'NOIJNIHS`dM 'Nbfonv 30J,1103Hl30110Nf100All031-113030NVNI(RIONV 99b9ON30N`dNldaO ORD.A Page 57 of 111 remainder of such code, ordinance or regulation or the application thereof to other person or circumstance shall not be affected. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law INTRODUCED- PASSED- APPROVED- PETER B LEWIS, MAYOR ATTEST Danielle E. Daskam City Clerk APPROVED AS TO FORM: 0 -agk Daniel B Heid City Attorney PUBLISHED- Ordinance No. 6456 February 12, 2013 Page 2 of 2ORD.A Page 58 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund General Fund (#001) Beg Fund Balance Revenues 2013 Expenditures Balance General Fund 2013 Adopted Bud et 12,108,801 00 50,570,748 00 64,368,538.00 8,311,010.00 BA#1 (Proposed Ordinance 86456 Revenues Adjust sales tax 2013 forecast 000 414,440 00 coo 414,44000 Eliminate Probation Revenues 000 202,00500 000 202,00500 Planning New 1 OFTE Economic Dev. Planner(formerly contract labor 000 0 00 118,550 00 118,55000 Carryforward Human and Community Services contracts 58,651 00 0 00 58,651 00 000 Parks Continue Contract Labor Museum Curator of Collections 0 00 000 47,750 00 47,75000 Centennial Viewpoint Park art replacement 000 000 22,000 00 22,00000 insurance settlement Ca Huard Parks and Open Space Master Plan 15 000 00 0 00 15,000.00 _ 000 Zi line for 2013 4th of July celebration,funded from pnor year 0.00 000 4,000 00 4,00000 NW Parks Foundation donation Police Target Zero state DUI grant 0.00 13,000 00 13,000.00 000 Public Works-Emergency Management Increase Office Assistant from 6FTE to 1 OFTE 30%G 000 000 15,225 00 15,22500 Public Works Carryforward W Valley Hwy and 15th St SW signal 60,00000 000 60,000 00 000 repairs MS1203 Non-Affiliated Furlough and COLA Adjustment Planning 000 000 96,600.67 96,60067 Public Works 000 000 78,597 48 78,59748 Parks 000 000 74,032.41 74,032.41 Legal 000 000 41,188 19 41,18819 Human Resources 000 000 31,673.48 31,67348 Finance 000 000 28,11178 28,11178 Police 000 000 20,829 22 20,829.22 Mayor 000 000 19,232.96 19,23296ORD.A Page 59 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 Streets 000 000 5,65935 5,65935 BA#1 Total 133,651 00 225,435 00 750,101.54 391,015.54 2013 Revised Budget 12,242,452.00 50,796,183.00 5,118,640.54 7,919,994.46 Total Resources/ Expenditures 63,038,635.00 63,038,635.00 2013 Ending Fund Arterial Street Fund 41102 Beg.Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 1,300,518.00 13,120,070 00 13,564,224 00 856,364.00 BA#1 (Proposed Ordinance#6456 Ci de Guardrail Improvements CP0912,New Grants 0.00 502,275 00 502,275 00 000 Ca forward projects AWS Fir to Hemlock CP1119 ,funded by state grant and MIT 000 499,442 00 499,442 00 000 AWS&M St SE CP1024 ,partly funded by state grants 61,186.00 134,043 00 195,229 00 000 A St NW Phase 1 C207a0 ,partly funded by federal grants 57,51400 132,71300 190,227 00 0.00 96 and Multicare contribubon($36 8th St& 104th U-Turn(CPI 104,funded by REET2 000 180,959 67 180,959.87 000 transfer from Fund#328($44K), Federal Grant $1 o0K and impact fee revenues $37K 49th St NE Culvert(CP1217) 134,71700 000 134,71700 000 S 272nd/277th St Comdor Improvements C222a0 92,22500 0 00 92,225 00 0.00 AWS Dogwood to Fir CP1118 ,partly funded by State grant 54,876 00 18,600 00 73,476 00 000 S 277th St Wetland Mitigation C4100 25,000 00 0.00 25,000 00 000 Citywide Traffic Signal Safe CP1222 ,funded by REET2 0 00 25,000 00 25,000 00 000 transfer from Fund#328 W Valley Hwy Improvements(CP0916) 11,00000 000 11,000.00 000 Lea Hill Safe Routes to School CP1120 ,federal grant 000 936200 9,362.00 000 AWS Muckleshoot Plaza to Dogwood CP1218 , reduce 000 000 2,73800 2,73800 budget by actual anticipated revenue M St Underpass C201a0 , net reduction to reflect reduction 330,716 00 798,92400 468,20800 0.00 in grant funding and increase in PWTF loan BA#1 Total 767,234.00 703,470 87 1,467,966.87 2,738.00 2013 Revised Budget 2,067,752.00 13,823,540.87 15,032,190.87 859,102.00 Total Resources/Expenditures 15,891,292 87 15,891,292.87 2ORD.A Page 60 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Local Street Fund #109 Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 1,117,320.00 1,627,600 00 2,474,250 00 270,670 00 BA#1 (Proposed Ordinance#6456 Ca forward. 2012 Local Street Pavement Reconstruction(CP1201)for 390,000 00 000 390,000 00 000 continued pavement reconstruction in 2013(CP1224) BA#1 Total 390,000 00 000 390,000.00 0.00 2013 Revised Budget 1,507,320.00 1,627,600.00 2,864,250.00 270,670.00 Total Resources/Expenditures 3,134,920 00 3,134,920.00 2013 Ending Fund Arterial Street Preservation Fund(#105) Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 1,654,369 00 _ 2,561,488.00 2,630,920_.00 1,584,937.00 SAM (Proposed Ordinance#6456 Ca forward projects* Pavement Patching 8 Chi seal(CP1206) 60,000 00 000 60,000 00 000 BA#1 Total 60,000.00 0.00 60,000 00 000 2013 Revised Budget 1,714,369.00 2,561,488.00 2,690,920 00 1,584,937 00 Total Resources I Expenditures 4,275,857 00 4,275,857 00 3ORD.A Page 61 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Municipal Park Construction Fund 0321) Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 613,497.00 1,216,770.00 1,505,000 00 325,267 00 BA#1 Proposed Ordinance#6456 Car forward projects: Lea Hill Park Improvements(CP1003) 626 025.00 000 626,025 00 000 Fenster Levee Setback CP1016 ,funded from grants 000 449,000 00 449,000 00 000 Community Center Planning transf in from F328 000 28,29650 28,296 50 000 BA#1Total 626,02500 477,29650 1,103,32150 0.00 2013 Revised Budget 1,239,522.00 1,694,066.50 2,608,321.50 325,267.00 Total Resources/ Expenditures 2,933,588.50 2,933,588.50 2013 Ending Fund Capital Improvements Fund #328) Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 5,268,537 00 1,551,487 00 2,053,720.00 4,766,304.00 BA#1 (Proposed Ordinance#6456 Ca forward projects City Hall Remodel(CP1009) 438,428 00 0 00 438,428 00 000 Cdy Hall HVAC equipment transfer in from F505 0.00 109,734 00 109,734.00 000 City Hall HVAC capital CP0716 80,819.00 0.00 80,81900 000 Sidewalk Repair CP1301 60,000 00 000 60,000 00 000 8th St NE&C St NW ITS Improvements(CP1226) 50,000 00 000 50,000 00 000 Lea Hill Park(CP1214) 10,000 00 000 10,000 00 000 Traffic Signal Battery Backup&Generator(CP1220) 8,00000 0.00 8,000.00 000 Transfers from Fund 328 to following projects 8th St& 104th U Turn CP1104 in Fund 102,REET2 funds 0 00 000 44,000 00 44,00000 Citywide Traffic Signal Safe CP1222)in Fund 102, REET2 000 0 00 25,000 00 25,00000 Carryforward Comm Center Planning transfer to Fund 321) 26,296 50 000 28,29650 0.00 BA#1 Total 675,543 50 109,734.00 854,277.50 469,000.00 2013 Revised Fu—dgk 5,944,080.60 1,661,221.00 2,907,997.50 4,697,304.00 Total Resources/Expenditures 7,605,301.50 7,605,301.50 4ORD.A Page 62 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Local Revitalization Fund(#330) Beg Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 000 000 000 000 BA#1 (Proposed Ordinance#6456 Ca forward projects, Uy Hall Plaza CP1115 460,090 00 000 460,090 00 000 S Division Street Promenade CP1005 94,330 00 000 94,330 DO 000 Downtown Pedestrian Kjosks CP0616 48,627 00 61,000 00 109,627 00 000 Downtown Pedestrian Lighting CP1116) 3,92889 000 3,92889 000 BA#1 Total 606,975.89 61,000.00 667,975 89 000 2013 Revised Budget 606,975.89 61,000.00 667,975.89 0.00 Total Resources/Expenditures 667,975 89 667,975 89 2013 Ending Fund Water Fund(#430) Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 2,983,426.00 23,051,704 00 19,416,148 00 6,618,982.0.0_ BA#1 (Proposed Ordinance#6456 Increase Emergency Management Office Assistant 000 000 20,300 00 20,30000 From 0 6 FTE to 10 FTE 40%Water) Non-Affiliated Furlough and COLA Adjustment 000 000 63,127 07 63,12707 Ca forward prajects, Academy Booster Pump Station CP0909 2,852,970 00 000 2,852,970 00 000 Well 1 Improvements CP0915 1,075,180 00 000 1,075,180 00 000 Fulmer Well Field Improvements CP110 703,803 00 0 DO 703,803 00 000 SCADA System Improvements C524a0 526,406 00 000 526,406 00 000 Lakeland Hills Reservoir 6 CP1006) 302,814.00 0 DO 302,814 00 000 132nd Ave SE Tacoma Pi ehne Interhe CP1103 282,407 00 000 282,407 00 000 Lakeland Hills Booster Pump Station CP0909 269,033.00 000 269,033 00 000 Hydraulic modeling O&M expense) 165,859.72 0 DO 165,859 72 000 Local Street Pavement Reconstruction CP1121 162,716 00 000 162,716 00 0001 5ORD.A Page 63 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 Street Utility Improvements bud430 100,000 00 000 100,000 00 0 00 Valley AC Main Replacement(CP1219)87,762.00 000 87,762 00 000 Meter and Utlity Billing Improvements O&M expense) 44,34968 000 44,349.68 000 A Street NW Corridor C207a0 41,123 00 000 41,123 00 000 D Str Utility Improvements(CP1207) 32,826 00 000 32,826.00 0.00 Reservoir 4A and 4B cleaning O&M Expense) 18,400 00 000 18,400 00 000 Water Comp Plan Update(CP0704) 3,827.00 0 00 3,82700 000 Well 4 Power and Chlorination C512a0 2,691 00 000 2,69100 000 BA#1 Total 6,672,167A0 000 6,755,594A7 83,42707 2013 Revised Budget 9,655,593.40 23,051,704.00 26,171,742.47 6,535,554.93 Total Resources I Expenditures 32,707,297 40 32,707,297.40 2013 Ending Fund Sewer Fund (#431) Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 8,899,265.00 20,903,571 00 22,226,119 00 7,576,717 00 BA#1 (Proposed Ordinance#6456 Increase Emergency Management Office Assistant 0.00 000 7.61250 7,61250 From 0 6 FTE to 1 0 FTE 15%Sewer Non-Affiliated Furlough and COLA Adjustment 000 000 47,970 85 47,97085 Move Metro Wastewater Revenues and Payments to 0.00 -14,000,000 00 14,000,000 00 000 Fund#433,To track Metro Wastewater Revenues and Payments to King County Ca forward projects Sewer Pump Station Improvements(CP1208)525,982 00 000 525,982 00 000 SCADA System Improvements C524a0 376,075 00 000 376,075 00 000 D St.Util Improvements(CP1207) 337,19000 000 337,19000 0.00 Sewer Pump Station Repair(Ellingson&Dogwood(CP0817) 100,000.00 000 100,000.00 000 Sewer Repair and Replacements(CP0921) 40,000.00 0.00 40,000.00 000 BA#1 Total 1,379,247.00 44,000,000.00 12,665,169.65 55,583.35 2013 Revised Budget 10,278,512.00 6,903,571 00 9,668,561 85 7,513,521 15 Total Resources I Expenditures 17,182,083.00 17,162,083 00 6ORD.A Page 64 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Storm Drainage Fund (#432) Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 6,057,392 00 13,564,424.00 13,322,702.00 6,299,114.00 BA#1 (Proposed Ordinance#6456 Increase Emergency Management Office Assistant 000 000 7,612.50 7,612.50 From 0 6 FTE to 1.0 FTE(Funding 15%Storm Non-Affiliated Furlough and COLA Adjustment 000 000 59,062.44 59,062.44 Ca forward projects Well 1 Improvements CP0915 830,005 00 0 DO 830,005 00 000 Mill Creek Wetland 5K Restoration CP0746 750,000.00 000 750,00000 000 D St UOlities Improvement CP120 582,986 00 000 582,986 00 000 2011 Ci 'de Storm Pond Cleaning CP1108 323,511 00 000 323,511 00 000 2011 Storm Repair and Replacement CP1109 271,390 DO 000 271,390.00 000 30th Street NE Area Flooding, Phase 1 (CPI 122) 242,588 00 000 242,588 00 000 2011 Local Street Pavement Reconstructon(CPI 121) 210,455 00 000 210,455 00 000 Pipeline Repair and Replacement re 32 161,870 DO _ 000 161,870 00 000 White River Storm Pump Station Re I CP0817) 147,18700 000 147,187 00 0.00 SCADA System Improvements C524a0 137,020 00 000 137,020.00 000 Street Utility Improvements bud432 106,500 00 000 108,500 00 000 Flood Control Barrier Removal EM0902 100,000 00 000 100,000 00 000 A St NW Extension(C207a0) 12,50000 000 12,500 00 0.00 2010 Local St Pavement Preservation CP1002 11,79000 _ 000 11,790.00 000 2012 Local street Pavement Reconstruction CP1201) 3,67300 0.00 3,67300 000 BA#1 Total _ 3,893,475 00 000 3,960,149 94 66,674.94 2013 Revised Budget 9,950,867.00 13,564,424.00 17,282,851.94 6,232,439.06 Total Resources I Expenditures 23,515,291 00 23,515,291.00 7ORD.A Page 65 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Sewer Metro Fund #433) Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 000 000 000 000 BA#1 (Proposed Ordinance#6456 Establish budget for Sewer Metro Fund#433 0.00 14,000,000 00 14,000,000 00 000 To track Metro Wastewater Revenues and Payments to Kin County, budget moved from City Sewer Fund 9431 BA#1 Total 000 14,000,000 00 14,000,000 00 0.00 2013 Revised Budget 000 14,000,000 00 14,000,000.00 0.00 Total Resources/ Expenditures 14,000,000 00 14,000,000.00 2013 Ending Fund Solid Waste Fund(#434) Beg Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 725,294.00 11,954,270 00 12,083,202 00 596,362.00 BA#1 (Proposed Ordinance#6456 Non-Affiliated Furlough and COLA Adjustment 0.00 000 13,701 54 13.70154 Adjust Solid Waste revenues and expenses 000 825,000 00 235,200 00 589,800 00 Adjust budgeted revenues and expenses for King County tipping fee increase from$109 00 to$120 00 and revised Solid Waste rates per Ord 6438 BA#1 Total 000 825,000.00 248,901.54 576,096.46 2013 Revised Budget 725,294.00 12,779,270.00 12,332,103.54 1,172,460.46 Total Resources/Expenditures 13,504,564.00 13,504,564.00 8ORD.A Page 66 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Airport Fund #436 Beg.Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 727,073 00 724,880.00 907,601.00 544,152.00 BA#1 (Proposed Ordinance#6456 Non-Affiliated Furlough and COLA Adjustment 000 000 894.54 894.54 Ca forward projects Taxway Realignment and Runway Lighting(g(CP0720) 86,346.00 000 86,346 00 000 Asphalt Repair/Sealing,Storm Catch basin repairs, 59,500 00 000 59,500 00 000 Hangar repairs/maintenance BA#1 Total 145,846 00 0 00 145,846.00 0.00 2013 Revised Budget 872,919.00 724,880.00 1,054,541.54 543,257.46 Total Resources / Expenditures 1,597,799.00 1,597,799 00 2013 Ending Fund Cemetery Fund #436) Beg.Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 13,406 00 1,049,010 00 1,003,564.00 58,852.00 BA#1 (Proposed Ordinance#6456 Increase Cemetery Revenues 000 30,000 00 000 30 000 00 Additional revenue associated with revising Endowed Care fund contribution from 15%to 10% Ord 6447 and Res 4886 Non-Affiliated Furlough and COLA Adjustment 000 000 7,945 92 7,94592 BA#1 Total 000 30,000 00 7,945.92 22,054.08 2013 Revised Budget 13,406.00 1,079,010 00 1,011,509.92 80,906.08 Total Resources / Expenditures 1,092,416 00 1,092,416 00 9ORD.A Page 67 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Goff Course Fund #437 Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 105,984.00 1,505,680.00 1,520,530 00 91,134.00 BA#1 (Proposed Ordinance#6456 Non-Affiliated Furlough and COLA Adjustment 000 000 5,42688 5.42688 BA#1 Total 000 0.00 5,426.88 5,426.88 2013 Revised Budget 105,984.00 1,505,680.00 1,525,956.88 65,707.12 Total Resources/Expenditures 1,611,664.00 1,611,664.00 2013 Ending Fund Facilities Fund (#505) Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 973,149 00 3,590,100.00 3,591,246.00 972,003.00_ 13A#11 (Proposed Ordinance#6456 Non-Affiliated Furlough and COLA Adjustment 0 00 000 12,092 28 12,092.28 Ca forward projects: City Hall HVAC equipment transfer to F328 109,734.00 000 109,734 00 000 City Hall HVAC upgrades 08M expense)8,200 00 000 8,200 00 0 00 Justice Center HVAC upgrades 08M expense) 2,74000 000 2,74000 0 00 Technical adj:Stratford lot parking costs 000 000 12,000 00 12,00000 Technical adj Sound Transit garage security 000 000 10,000 00 10,000 00 BA#1 Total 120,674.00 000 154,766 28 44,092.28 2013 Revised Budget 1,093,823.00 3,590,100.00 3,746,012.28 937,910.72 Total Resources/ Expenditures 4,663,923 00 4,663,923 00 10ORD.A Page 68 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Innovation and Technology Fund(#518) Beg.Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 2,038,367.00 5,199,614.00 5,316,411.00 1,921,570.00 BA#1 (Proposed Ordinance#6456) Non-Affiliated Furlough and COLA Adjustment 0 00 000 61,358 66 41.35866 Ca forward projects, City Hall Councilchembers AudioNisual 240,000.00 000 240,000 00 000 Electronic Plan Review Program 80,000 00 000 80,000 00 000 Spnngbrook Upgrade to v7 65,000 00 0 00 65,00000 000 Spillman Su performs 50,000 00 000 50,000.00 0.00 Irrigation Central Computer 38,000 00 0.00 38,000 00 000 Records Management 34,00000 000 34,000 00 000 CRWupgrade 30,000 00 000 30,000 00 000 Infrastructure Installs 30,000 00 000 30,000 00 000 Telestaff S base to Microsoft SQL 12,800 00 000 12,800.00 0.00 Carte ra h Software Enhancements 000 7,50000 000 Online TimekeepingrrOPS 1,80000 000 1,80000 000 SAM Total 589,100 00 000 650,458.66 61,358.66 2013 Revised Budget 2,627,467.00 5,199,614.00 5,966,869.66 1,860,211.34 Total Resources/ Expenditures 7,627,081 00 7,827,081.00 2013 Ending Fund Equipment Rental Fund #650 Beg Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 4,511,304.00 3,113,450 00 4,389,664.00 3,235,090 00 BA#1 (Proposed Ordinance#6456 Non-Affiliated Furlough and COLA Adjustment 0.00 000 9,37566 9,37566 BA#1 Total 0.00 000 9,375.66 9,37566 2013 Revised Budget 4,511,304.00 3,113,450.00 4,399,039.66 3,225,714.34 Total Resources/Expenditures 7,624,754 00 7,624,754.00 ORD.A Page 69 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Fire Pension Fund #611 Beg Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 2,590,285 00 73,000 00 180,499 00 2,482,766 00 BA#1 (Proposed Ordinance#6456) Non-Aiflliated Furiou h and COLA Aci)ustm—ent 0.00 000 38575 38575 BA#1 Total 000 000 38575 38575 2013 Revised Budget 2,590,285.00 73,000.00 180,884.75 2,482,400.25 Total Resources I Expenditures 2,663,285 00 2,663,285.00 2013 Ending Fund Cemetery Endowment Fund (#701) Beg Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 1,499,220 00 137,251 00 1,547,220 00 89,251 00 BA#1 (Proposed Ordinance#6456) Endowed Care Fund contribution adjustment Adjust Endowment Care contribution from 150/o to 000 16,00000 _ _0 00 16,00000 10%consistent with Ord 6447 and Res 4886 BA#1 Total 0.00 16,000.00 0.00 16,00000 2013 Revised Budget 1,499,220.00 121,251.00 1,547,220.00 73,251 00 Total Resources Expenditures 1,620,471 00 1,620,471 00 12ORD.A Page 70 of 111 Schedule A Summary of 2013 Budget Adjustments by Fund Budget Amendment#1 Ordinance 6456 2013 Ending Fund Grand Total-All Funds Beg. Fund Balance Revenues 2013 Expenditures Balance 2013 Adopted Budget 65,991,226 00 160,363,768.00 168,557,536.00 57,797,458.00 BA#1 (Proposed Ordinance#6456 16,059,938.79 2,415,936.37 18,667,324 75 191,449 59 2013 Revised Budget 82,051,164.79 162,779,704.37 187,224,860.75 57,606,008.41 Total Resources I Expenditures 244,830,869 16 244,830,869.16 February 12,2013 Prepared by City of Auburn Financial Planning Department F\Budget Dimctoryt2013 Budget\Amendments\BA#1\Budget Adjustments Summary 13ORD.A Page 71 of 111 Schedule B 2013 Appropriations by Fund 2013 Appropriation Authority by Fund 2013 Adopted BA#1 Total 2013 Revised Fund Budget Ord 6456)Amendments Budget General Fund(#001) 62,679,549.00 359,086.00 359,086.00 63,038,635.00 Arterial Street Fund #102)14,420,588.00 1,470,704.87 1,470,704.87 15,891,292.87 Local Street Fund #103 2.744,920.00 390,000.00 390,000.00 313492000 Hotel Motel Fund(#104 171 181.00 171 181 00 Arterial Street Preservation Fund #105 4,215,857 00 60,000.00 60,000.00 4,275,857 00 Drug Forfeiture Fund #117 1 200 390 00 1,200,390.00 Housing and Community Development Grant Fund #119 505,64700 505,647 00 Recreation Trails Fund #120 29,571 00 29 571 00 Business Improvement Area Fund #121 76,680.00 76,680.00 Cumulative Reserve Fund(#122) 7 316,905.00 7,316 905.00 Mitigation Fees Fund #124 3,248,612.00 3,248,612.00 1998 Library Fund #229 326,654.00 326654.00 2010 Annex A&B Bond Debt Fund #230 1696,678.00 1696,678.00 2010 C&D Local Revitalization Debt Fund #231 594,570.00 594,570.00 LID Guarantee Fund #249) 44,588.00 44,588.00 LID#250 #250 56,741 00 56741.00 LID#350 #275 7245.00 7,245.00 Municipal Perk Construction Fund(#321) 1830,26700 11D3,32150 1103,32150 2,933,588.50 Capital Improvements Fund(#328) 6,820,024.00 785,27750 785,27750 7,605,301.50 Local Revitalization Fund 0330) 667,975.89 667,975.89 667,975.89 Goff Course Debt Service Fund #417 390,429.00 390 429.00 Water Fund #430) 26,035 130 00 6,672167 40 6,672167 40 32 707 297 40 Sewer Fund 9431 29,802,836.00 12,620 753.00 12,620,753.00 17 182,083.00 Storm Drainage Fund #432) 19,621,816.00 3,893,475.00 3,893,475.00 23,515,291 00 Sewer Metro Fund #433 14,000 000.00 14000,000.00 14,000 000.00 Solid Waste Fund(#434) 12,679 564.00 825,000.00 825,000.00 13,504,564.00 Airport Fund #435 1 451 953.00 145,846 00 145 846.00 1,597,799 00 Cemetery Fund(#436) 1062,416.00 30,000.00 30,000.00 1,092,416.00 Goff Course Fund 143 1,611,664.00 1,611,664.00 Insurance Fund #501 1,988,779.00 1,986 779.00 Facilities Fund #505 4,583,249.00 120,874.00 120,674.00 4,683,923.00 Innovation and Technology Fund #518 7,237 981.00 589,100.00 589 100.00 7,827 081 00 Equipment Rental Fund #550 7,624 754.00 7,624,754.00 Fire Pension Fund(#611) 2,663,285.00 2,663,285.00 Cemetery Endowment Fund #701) 1,636,471 00 16,000.00) 16,000.00 1,620,471 00 Total 226,354,994.00 18,475,87516 18,475,875.16 244,830,869.16 ORD.A Page 72 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4904 Date: February 14, 2013 Department: Public Works Attachments: Res 4904 Draft Ordinance No. 6452 Exhibit A Exhibit B Exhibit C Exhibit D Ititial Build Out Map1 Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4904. Background Summary: Resolution No. 4904 sets the date of the public hearing for Franchise Agreement No. 12- 41 for Zayo Group L.L.C. for March 18, 2013 at 7:30 pm in Council Chambers. Franchise Agreement No. 12-41, Draft Ordinance No. 6452 is attached as back up documentation for Resolution No. 4904. Per Auburn City Code Chapter 20.06.010, a franchise shall be required of any commercial utility or telecommunications operator or carrier or other person who desires to occupy public ways of the city and to provide telecommunications or commercial utility services to any person or area in the city. Zayo Group L.L.C. has applied for a Franchise Agreement to be able to construct within the City's rights of way a fiber optic telecommunications network. These facilities would be part of a larger network of infrastructure that Zayo is building throughout the Puget Sound region The company's primary customers are other telecommunications companies, large enterprise class companies, government agencies and other large to mid-size organizations who require communications and data services. Zayo does not provide direct, retail services to end user consumers, but instead provides wholesale services to existing retail telephone companies that enable them to offer end user services. The initial proposed build-out includes underground installations by directional boring and overhead installations on existing utility poles. The proposed franchise area is all AUBURN * MORE THAN YOU IMAGINEDRES.A Page 73 of 111 rights of way in the City, with the initial build-out to be located in portions of the right of way of S 277th Street, D Street NE, Auburn Way North, 37th Street NE/NW and I Street NW. The applicant is requesting the entire City as the proposed franchise area so that future expansion of their facilities may be accommodated without having to amend the agreement for each installation. Future installation of facilities is done on a demand basis when there is specific order from their customers that desire to connect to their network under long term service contracts. By installing on a demand basis rather than a speculative basis they avoid unnecessary installations, disruptions, permits and cost for anticipated future use that may not materialize. Exact locations, plans, engineering and construction schedules would be reviewed, approved and managed through the City's permitting processes that are a requirement of the Franchise Agreement. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Wagner Staff:Dowdy Meeting Date:March 4, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 74 of 111 RESOLUTION NO. 4 9 0 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER A FRANCHISE AGREEMENT WITH ZAYO GROUP L.L.0 WHEREAS, Zayo Group L.L.0 has applied to the City for a non-exclusive Franchise Agreement for the right of entry, use, and occupation of certain public rights-of- way within the City of Auburn, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of- way; and WHEREAS, the Public Works Committee of the Auburn City Council has reviewed Zayo Goup's application materials, and, pursuant to ACC 20.06.040, the Public Works Committee has recommended to the City Council that it schedule a public hearing on the application, and WHEREAS, the City Council agrees with the recommendation of the Public Works Committee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1 That a hearing on the application by Zayo Group L.L.0 for a Franchise Agreement with the City of Auburn is hereby set for 7 30 p.m. on the 18th day of March, 2013, at the City Council Chambers at 25 West Main Street, Auburn, Washington, 98001, with all persons wishing to speak to the application at the public hearing being Resolution No 4904 Franchise Agreement No. 12-41 January 29, 2013 Page 1 of 2 RES.A Page 75 of 111 invited to attend. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including posting notice of such public hearing as required by State law and City Ordinance. Section 3. This Resolution shall be in full force in effect upon passage and signatures hereon. DATED and SIGNED this day of 2013. CITY OF AUBURN PETER B. LEWIS Mayor Attest: Danielle E. Daskam, City Clerk Approved as to Form: Darnel B Heid, Attorney Resolution No 4904 Franchise Agreement No. 12-41 January 29, 2013 Page 2 of 2 RES.A Page 76 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 1 of 15 ORDINANCE NO. 6452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO ZAYO GROUP, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR A TELECOMMUNICATIONS SYSTEM. WHEREAS, Zayo Group, LLC, (“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of certain public right(s)-of-way within the City, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way; and WHEREAS, following proper notice, the City Council held a public hearing on Grantee’s request for a Franchise, at which time representatives of Grantee and interested citizens were heard in a full public proceeding affording opportunity for comment by any and all persons desiring to be heard; and WHEREAS, from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City and its inhabitants that the franchise be granted to Grantee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN as follows: Section 1. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated herein, the City grants to the Grantee general permission to enter, use, and occupy the right(s)-of-way and/or other public property specified in Exhibit “A,” attached hereto and incorporated by reference (the “Franchise Area”). B. The Grantee is authorized to install, remove, construct, erect, operate, maintain, relocate and repair the types of facilities specified in Exhibit “B,” attached hereto and incorporated by reference, and all necessary appurtenances thereto, (“Grantee Facilities”) for provision of those services set forth in Exhibit “C” (“Grantee Services”) in, along, under and across the Franchise Area. RES.A Page 77 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 2 of 15 C. This Franchise does not authorize the use of the Franchise Area for any facilities or services other than Grantee Facilities and Grantee Services, and it extends no rights or privilege relative to any facilities or services of any type, including Grantee Facilities and Grantee Services, on public or private property elsewhere within the City. D. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, unless the City determines that entering into such agreements interferes with Grantee’s right set forth herein. E. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respect to the Franchise Area or any other City roads, rights-of-way, property, or any portions thereof. This Franchise shall be subject to the power of eminent domain, and in any proceeding under eminent domain, the Grantee acknowledges its use of the Franchise Area shall have no value. F. The City reserves the right to change, regrade, relocate, abandon, or vacate any right-of-way within the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Grantee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. G. The Grantee agrees that its use of Franchise Area shall at all times be subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 2. 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: Engineering Aide, Public Works Department - Transportation City of Auburn 25 West Main Street Auburn, WA 98001-4998 Telephone: (253) 931-3010; Fax: (253) 931-3048 RES.A Page 78 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 3 of 15 with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 Grantee: Zayo Group, LLC Attn. General Counsel, ZFTI 400 Centennial Parkway, Suite 200 Louisville, CO 80027 B. Any changes to the above-stated Grantee information shall be sent to the City’s Engineering Aide, with copies to the City Clerk, referencing the title of this agreement. C. The above-stated Grantee voice and fax telephone numbers shall be staffed at least during normal business hours, Pacific time zone. Section 3. Term of Agreement A. This Franchise 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 Franchise for an additional five (5) year period upon submission and approval of the application specified under ACC 20.06.130, as it now exists or is amended, within the timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-current term). Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current 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. C. Failure to Renew Franchise – Automatic Extension. If the Parties fail to formally renew this Franchise prior to the expiration of its term or any extension thereof, the Franchise automatically continues month to month until renewed or either party gives written notice at least one hundred and eighty (180) days in advance of intent not to renew the Franchise. RES.A Page 79 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 4 of 15 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, 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. “Rights-of-Way” means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-ways and similar public properties and areas. Section 5. Acceptance of Franchise A. This Franchise, 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 “D,” and incorporated by reference, (2) all verifications of insurance coverage specified under Section 15, and (3) the financial guarantees specified in Section 16 (collectively, “Franchise Acceptance”). The date that such Franchise Acceptance is filed with the City Clerk shall be the effective date of this Franchise. B. Should the Grantee fail to file the Franchise Acceptance with the City Clerk within 30 days after the effective date of the ordinance approving the Franchise, the City’s grant of the Franchise will be null and void. Section 6. Construction and Maintenance A. The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done upon Grantee RES.A Page 80 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 5 of 15 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 right-of-way within which Grantee is under taking its activity. C. The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the public right-of-way and may from time to time, pursuant to the applicable sections of this Franchise, require the removal, relocation and/or replacement thereof in the public interest and safety at the expense of the Grantee. D. Before commencing any work within the public right-of-way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to identify existing utility infrastructure. E. Tree Trimming. Upon prior written approval of the City and in accordance with City ordinances, Grantee shall have the authority to reasonably trim trees upon and overhanging streets, public rights-of-way, and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Grantee Facilities. Grantee shall be responsible for debris removal from such activities. If such debris is not removed within twenty- four (24) hours of completion of the trimming, the City may, at its sole discretion, remove such debris and charge Grantee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require a land clearing permit. 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 Construction 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 practical. 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 Third-Party Property RES.A Page 81 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 6 of 15 Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third- party, 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 utility, other than the Grantee’s, which was installed, constructed, completed or in place prior in time to Grantee’s application for a permit to construct or repair Grantee Facilities under this Franchise 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 another utility’s submittal of a permit for new or additional structures, equipment, appurtenances or tangible property, 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 City road or right-of-way. 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, sanitary sewer and storm sewer facilities and ten (10) feet from above-ground City water facilities; provided, that for development of new areas, the City, in consultation with Grantee and other utility purveyors or authorized users of the Public Way, will develop guidelines and procedures for determining specific utility locations. Section 10. Grantee Information A. Grantee agrees to supply, at no cost to the City, any information reasonably requested of the City Engineering Aide to coordinate municipal functions with Grantee’s activities and fulfill any municipal obligations under state law. Said information shall include, at a minimum, as-built 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 or electronic format, compatible with the City’s data base system, as now or hereinafter existing, including the City’s geographic information Service (GIS) data base. Grantee shall keep the City Right-of-Way RES.A Page 82 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 7 of 15 Manager informed of its long-range plans for coordination with the City’s long- range 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 City agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee a reasonable amount of time to obtain an injunction to prohibit the City’s release of records. Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including attorneys fees) imposed on the CIty because of non-disclosures requested by Grantee under Washington’s open public recordsact, provided the City has notified Grantee of the pending request. Section 11. Relocation of Grantee Facilities A. Except as otherwise so required by law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to protect and save harmless the City from any customer or third-party claims for service interruption or other losses in connection with any such change, relocation, abandonment, or vacation of the Pubic Way. B. 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 days (180) of Grantee’s permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City’s 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 Franchise. Section 13. Undergrounding RES.A Page 83 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 8 of 15 A. The parties agree that this Franchise does not limit the City’s authority under federal law, state law, or local ordinance, to require the undergrounding of utilities. B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Grantee shall underground the Grantee Facilities in the manner specified by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99. 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 Grantee’s performance under this Franchise, 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 and/or construction work performed by, or on behalf of, the City within the Franchise Area or any other City road, right-of-way, 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 City’s failure or inability to provide such services, and, pursuant to the terms of Section 14(A), the Grantee shall indemnify the City against any and all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s failure or inability to provide such services. RES.A Page 84 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 9 of 15 D. Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section. E. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee’s waiver of immunity under Industrial Insurance, Title 51 RCW , solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Section 15. Insurance A. The Grantee shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Grantee, its agents, representatives, or employees in the amounts and types set forth 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 $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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 under the Grantee’s Commercial General Liability insurance policy with respect to the work performed under this Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations RES.A Page 85 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 10 of 15 endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000 per claim for all professional employed or retained Grantee to perform services under this Franchise. 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The Grantee’s insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee’s insurance and shall not contribute with it. 2. The Grantee’s insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Grantee shall furnish the City with documentation of insurer’s A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. E. Grantee shall have the right to self-insure any or all of the above- required insurance. Any such self insurance is subject to approval by the City. F. Grantee’s maintenance of insurance as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 16. Performance Security RES.A Page 86 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 11 of 15 The Grantee shall provide the City with a financial guarantee in the amount of Fifty Thousand Dollars ($50,000) running for, or renewable for, the term of this Franchise, in a form and substance acceptable to the City. In the event Grantee shall fail to substantially comply with any one or more of the provisions of this Franchise, then there shall be recovered jointly and severally from the principal and any surety of such financial guarantee any damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Grantee specifically agrees that its failure to comply with the terms of Section 19 shall constitute damage to the City in the monetary amount set forth therein. Such a financial guarantee shall not be construed to limit the Grantee’s liability to the guarantee amount, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. 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 contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned. B. This Franchise shall not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance; Provided, that prior consent for an assignment to Grantee’s affiliates may be granted administratively. C. Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than sixty (60) 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 Franchise 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. D. Prior to the City’s consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee shall file with the City a written promise to unconditionally accept all terms of the RES.A Page 87 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 12 of 15 Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obligation to undertake any investigation of the transferor’s state of compliance and failure of the City to insist on full compliance prior to transfer does not waive any right to insist on full compliance thereafter. 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 thirty (30) calendar days of either party's 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 Franchise 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 Franchise through willful or unreasonable 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 days, the City may specify a longer cure period, and condition the extension of time on Grantee’s 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 City may, at its discretion, either (1) revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured. RES.A Page 88 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 13 of 15 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 Franchise 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 Grantee’s actions are not allowed under applicable federal and state or City laws, to compel Grantee to cease such actions. Section 20. Compliance with Laws and Regulations A. This Franchise 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 City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. 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 Franchise Area. B. The City reserves the right at any time to amend this Franchise 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 call for negotiations, the City may enact the proposed amendment, by incorporating the Grantee’s concerns to the maximum extent the City deems possible. C. The City may terminate this Franchise 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 Franchise shall not exempt the Grantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it RES.A Page 89 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 14 of 15 under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. 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 Franchise 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 Franchise. Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 26. 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: _____________________ ________________________________ PETER B. LEWIS, MAYOR ATTEST: RES.A Page 90 of 111 ------------------------------ Ordinance No. 6452 DATE 01/29/2013 Page 15 of 15 ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ RES.A Page 91 of 111 Franchise Agreement No 12-41 Zayo Group LLC Printed Date: 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 Created by City of Auburn eGIS 1/29/2013 RES.A Page 92 of 111 Ordinance No. 6452 Franchise Agreement No. 12-41 DATE 01/29/2013 Exhibit “B” Grantee Facilities Underground and overhead fiber optic cable consisting of individual fiber optic strands. RES.A Page 93 of 111 Ordinance No. 6452 Franchise Agreement No. 12-41 DATE 01/29/2013 Exhibit “C” Grantee Services Zayo is a provider of bandwidth infrastructure solutions, offering traditional lit telecommunications services (including private lines and wavelengths, Internet access and co-location) to wholesale and enterprise customers over a fiber-optic network in metropolitan markets from coast-to-coast. Wholesale carrier customers include telecom, wireless, cable, LEC and Internet service providers. Enterprise customers include web-centric and technology businesses, government entities, educational institutions, financial services companies, healthcare providers and smaller firms needing to connect multiple facilities. Zayo does not provide any residential, voice, cable or video service. RES.A Page 94 of 111 Ordinance No. 6452 Franchise Agreement No. 12-41 DATE 01/29/2013 EXHIBIT “D” STATEMENT OF ACCEPTANCE Zayo Group, LLC, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. [Grantee] By: Date: Name: Title: STATE OF _______________) )ss. COUNTY OF _____________ ) On this ____ day of _______________, 2013, 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 95 of 111 Za y o G r o u p P r o p o s e d I n i t i a l B u i l d o u t Pr i n t e d D a t e : In f o r m a t i o n s h o w n i s f o r g e n e r a l r e f e r e n c e pu r p o s e s o n l y a n d d o e s n o t n e c e s s a r i l y re p r e s e n t e x a c t g e o g r a p h i c o r c a r t o g r a p h i c da t a a s m a p p e d . T h e C i t y o f A u b u r n m a k e s n o wa r r a n t y a s t o i t s a c c u r a c y . Ma p C r e a t e d b y C i t y o f A u b u r n e G I S 1/ 2 9 / 2 0 1 3 Pr o p o s e d i n i t i a l b u i l d o u t a l i g n m e n t . F i n a l al i g n m e n t a n d l o c a t i o n t o b e d e t e r m i n e d du r i n g e n g i n e e r i n g r e v i e w o f r e q u i r e d co n s t r u c t i o n p e r m i t s . RES.A Page 96 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4917 Date: February 26, 2013 Department: Public Works Attachments: Memo RES 4917 Modified TIP #25 maps Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4917. Background Summary: The purpose of this Resolution is for the City Council to set a time and date for a public hearing to amend the 2013-2018 Transportation Improvement Program, to add a new project for which the City has received grant funding. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Backus Staff:Dowdy Meeting Date:March 4, 2013 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 97 of 111 Page 1 of 1 Memorandum TO: Public Works Committee, Mayor Lewis FROM: James Webb, Traffic Engineer RE: Proposed Modification to the Auburn 2013-2018 Transportation Improvement Program DATE: February 25, 2013 CC: Kevin Snyder, Dennis Dowdy, Dennis Selle, Ingrid Gaub, Pablo Para Background The City of Auburn was recently awarded a grant from the Washington State Department of Transportation (WSDOT) for $502,275 with no match requirement to install guardrail along several City streets. This grant was awarded through the 2013 Quick Response Safety Program. As part of the award, Auburn is required to add the project to the city’s 2013-2018 Transportation Improvement Program (TIP) and the State Transportation Improvement Program (STIP) in order to be eligible to obligate the awarded funds. Since this project is not on the current TIP, staff propose the addition of a new project to satisfy the WSDOT requirement. Pursuant to RCW 35.77.010 the legislative body of each city is required to prepare and adopt a comprehensive transportation program for the ensuing six years. The program may at any time be revised by a majority of the legislative body of a city, but only after conducting a public hearing. Schedule: PCDC Action: February 25, 2013 PWC/Council Action on Public Hearing Resolution: March 4, 2013 Public Hearing and Council Action on Adoption Resolution: March 18, 2013 Attached for review are: Resolution No. 4917 TIP Mod Project Sheet TIP #25 Project Maps RES.B Page 98 of 111 RESOLUTION NO. 4 9 1 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A HEARING DATE IN RELATION TO AMENDING THE 2013-2018 TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN PURSUANT TO R.0 W CHAPTER 35 77 WHEREAS, on February 1, 2013, the City of Auburn was provided notification by the Washington State Department of Transportation about a grant award in the amount of $502,275 00 in funds based on an application that the City submitted on December 26, 2012 for Citywide Guardrail Improvements, and WHEREAS, as part of the award, the City is required to add the project to the 2013-2018 Transportation Improvement Program (TIP) and the Washington State Transportation Improvement Program (STIP) in order to be eligible to obligate the awarded funds; and WHEREAS, RCW 35 77 010 requires that the legislative body of each City is required to prepare and adopt a Comprehensive Transportation Improvement Program (TIP) for the ensuing six years. The program may at any time be revised by a majority of the legislative body of a City, but only after conducting a public hearing. Resolution No. 4917 February 19, 2013 Page 1 of 3 RES.B Page 99 of 111 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. PURPOSE. The purpose of this Resolution is for the City Council to set a time and date for a public hearing to amend the 2013-2018 Transportation Improvement Program, to add a new project for which the City has received grant funding. Section 2. NOTICE OF HEARING. The Council hereby directs that a notice specifying the time and place of the public hearing shall be published one time in a newspaper of general circulation and the notice shall also be posted in three public places. Such public notice shall precede the public hearing by at least 10 days. Section 3. DATE OF HEARING. Pursuant to the requirements of State law, a public hearing on said 2013-2018 Transportation Improvement Program will be held on the 18th of March, 2013, at 7 30 p.m., or as soon thereafter as reasonably possible, in the Council Chambers of the Auburn City Hall at 25 West Main Street in Auburn, Washington, before the City Council. All persons interested in said 2013-2018 Transportation Improvement Program may attend and testify at said hearing. Resolution No 4917 February 19, 2013 Page 2 of 3 RES.B Page 100 of 111 Section 4. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. EFFECTIVE DATE. This resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of March, 2013 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM: iel B Heid, City Attorney Resolution No 4917 February 19, 2013 Page 3 of 3 RES.B Page 101 of 111 ARTERIAL STREET FUND (102)Capital Facilities Plan Six Year Capital Facilities Plan, 2013-2018 Special Revenue Fund Project Title: Citywide Guardrail Improvements TIP # 25 Project No:cp0912 Project Type:Safety (Non-Capacity) Project Manager:Jacob Sweeting LOS Corridor ID# 36 Budget: 2012YTD Actual20132012 Budget BudgetExpendituresBudgetBalance - - - - - - - - - - - - Activity: (Previous Yrs)2012 YE 2013 Year EndTotal Project Funding Sources:Prior to 2012Estimate2013 Budget2014 BudgetProject TotalCost Unrestricted Street Revenue - - 50,000 - 50,000 50,000 Grants (Fed,State,Local)- - 502,275 - 502,275 502,275 REET - - - - - - Traffic Impact Fees - - - - - - Other Sources - - - - - - - - 552,275 - 552,275 552,275 Capital Expenditures: Design - - 50,000 - 50,000 50,000 Right of Way - - - - - - Construction - - 502,275 - 502,275 502,275 - - 552,275 - 552,275 552,275 TotalExpenditures 20152016201720182013-2018Beyond 2018 Funding Sources: Unrestricted Street Revenue - - - - 50,000 - Grants (Fed,State,Local)- - - - 502,275 - REET - - - - - - Traffic Impact Fees - - - - - - Other Sources - - - - - - - - - - 552,275 - Capital Expenditures: Design - - - - 50,000 - Right of Way - - - - - - Construction - - - - 502,275 - - - - - 552,275 - Grants / Other Sources: Total Expenditures: Budget Amendments Adjusted Budget Total Funding Sources: Total Expenditures: Forecasted Project Cost: Total Funding Sources: Description: The project will install guardrail along the Green River Road SE, R Street SE/Kersey Way SE, and Mountainview Drive SW corridors. Progress Summary: Grant funding for construction was awarded February 1st with no local match requirement. The project will be designed and constructed during 2013. Future Impact on Operating Budget: This project will have no impact on the operating budget for street maintenance. Adopted Budget RES.B Page 102 of 111 rQ MO IEW, / i CEMETERY/ J `/J MOUNTAIN VIEW DRIVE VICINITY MAP 1 of 4 mulun PROPOSED GUARDRAIL 0 150ft 300a EXISTING GUARDRAIL (TO REMAIN) SCALE: 1 inch=300 feet CONTOUR LINE (10 FT INCREMENTS) RES.B Page 103 of 111 lid/ir*j/ I!fihl'f i " mot a f ml!t V i ti 'f •' FF FwoQ*'P*iii i Y • Mammal 1 e i rr L gmTYTfi r r r w Q tr N r y r iF ` 9M+ydyPp amP mP'm 1 i 4r Mt•' 4 Y` M f i i d ti 4 r'ti d " 1r OW jl NORES.B Page 104 of 111 n SE 2001, KERSEY WAY VICINITY MAP 3 of 4 PROPOSED GUARDRAIL REPLACE EXISTING GUARDRAIL CONTOUR LINE (10 FT INCREMENTS) o z oon aooh SCALE. finch =400 feet ICON-MATERIALS AGGREGATES ANDF%\\ 7 i 0, 1 CONTINUED ONi 2 VICINITY MAP 4RES.B Page 105 of 111 A jilt( CONTINUEDON VICINITY MAP 3 6P KERSEY WAY I x R\RS.FYGE VICINITY MAP 4 of 4 uuuun PROPOSED GUARDRAIL REPLACE EXISTING GUARDRAIL EXISTING GUARDRAIL TO REMAIN) CONTOUR LINE (10 FT INCREMENTS)1 0 200ft 400ft SCALE: finch=400 feet AUBURN CITY LIMITS n xnaao,x mx rra mes.rev4nw uim.ww..e Gn rye xo xxx..o-y RES.B Page 106 of 111 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4919 Date: February 22, 2013 Department: Innovation & Technology Attachments: Res 4919 Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4919. Background Summary: The purchase agreement will allow each agency to purchase off respective agency contract to speed up and capitalize on each agency's completed contract negotiations saving staff time, and resources. Each agency utilizes and requires similar services, technology and products requiring RFP, bid lists, and associated research taking up to 6 months in some cases. The cooperative purchasing agreement allows us to leverage larger purchasing discounts, and resources through sharing. Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Tiedeman Meeting Date:March 4, 2013 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 107 of 111 RESOLUTION NO 4 9 1 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE PURCHASING AGREEMENT WITH THE UNIVERSITY OF WASHINGTON FOR THE PURPOSE OF PURCHASING GENERAL SUPPLIES AND EQUIPMENT WHEREAS, The City of Auburn ("City") has an ongoing need to purchase goods and equipment; and WHEREAS, RCW 39 34 020 allows the City to enter into agreements with other public agencies, including those from other states, to cooperatively purchase supplies and equipment; and, WHEREAS, The State of Washington, through the University of Washington, has offered to allow the City to access of the University's competitively-selected contracts. This access does not obligate the City to make any purchases, and does not cost the City anything to participate NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to enter into an Interlocal Cooperative Purchasing Agreement in substantial conformity with the terms attached hereto as Exhibit A and incorporated herein, for the purpose of utilizing the University of Washington's contracts with various vendors. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4919 February 26, 2013 Page 1 of 2RES.C Page 108 of 111 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2013 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM: rvzj Daniel B Heid, City A orney Resolution No. 4919 February 26, 2013 Page 2 of 2RES.C Page 109 of 111 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 of the Revised Code of Washington and to other applicable laws, the City of Auburn, Washington ("City") and the University of Washington, Seattle, Washington, hereby agree to cooperative governmental purchasing upon the following terms and conditions. 1) This Agreement pertains to bids and contracts for supplies, material, equipment or services that may be required from time to time by both the City and the University of Washington. 2) Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment, and services. Each of the parties hereby agrees to extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor, supplier, or service provider 3) Each of the parties shall comply with all applicable laws and regulations governing its own purchases. 4) Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party will indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. 5) Any purchase made pursuant to this Agreement is not a purchase from either of the parties. This Agreement shall create no obligation to either of the parties to purchase any particular good or service, nor create to either of the parties any assurance, warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. 6) No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor Cooperative Purchasing Form 6/17/09-cc r RES.C Page 110 of 111 7) The Mayor of Auburn, or the Mayor's Designee, and the Purchasing Director of the University of Washington shall be representatives of the entities for carrying out the terms of this Agreement. 8) This Agreement shall continue in force until canceled by either party, which cancellation may be effected upon receipt by one of the parties of the written notice of cancellation of the other party APPROVED this day of APPROVED this day of 2013 2013 Agency) University of Washington By By. Cooperative Purchasing Form 6/17/09-ccRES.C Page 111 of 111