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HomeMy WebLinkAbout01-21-2014 PWC Agenda Packet 01.21.14 Public Works Committee January 21, 2014 - 3:30 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. Approval of Minutes* B. Right-of-Way Use Permit No. 13-39* (Mund) Approve Right-of-Way Use Permit No. 13-39 for The Auburn Downtown Association Wellness Fair C. Right-of-Way Use Permit No. 13-41* (Mund) Approve Right-of-Way Use Permit No. 13-41 for Auburn Adventist Academy D. Public Works Project No. CP1322* (Larson) Permission to Initiate Project No. CP1322 Annual Traffic Signal Improvements E. Public Works Project No. CP1120* (Truong) Approve Change Order No. 02 in the Amount of $35,769.77 to Contract No. 13-07 for Work on Project No. CP1120 Lea Hill Safe Routes to School III.RESOLUTIONS A. Resolution No. 5013* (Mund) A Resolution of the City Council of the City of Auburn, Washington, Setting a Public Hearing to Consider a Franchise Agreement with T-Mobile West LLC B. Resolution No. 5018* (Mund) A Resolution of the City Council of the Auburn, Washington, Authorizing the Renewal of Public Way Agreement 08-03 and Amending the Terms to the Agreement with MCI Communications C. Resolution No. 5027* (Elwell) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute an Amendment to the Sewer Franchise Agreement Between the City of Auburn and King County to Operate, Maintain and Construct Sewer Mains, Service Lines and Appurtenances In, Over, Along, and Under County Roads D. Resolution No. 5038* (Para) A Resolution of the City Council of the City of Auburn, Washington, Repealing Resolution No. 4826 Regarding Reduction of Speeds on Arterial Street Routes in Page 1 of 302 the City IV.DISCUSSION ITEMS A. November 2013 Financial Report* (Coleman) B. Resolution No. 5032* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the City of Auburn to Impose a Sales and Use Tax as Authorized by RCW 82.14.415 as a Credit Against State Sales and Use Tax Relating to Annexations C. Ordinance No. 6494* (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, Establishing the Local Sales and Use Tax Rate for Local Revitalization Financing for 2014 D. Planning Project No. CP0746* (Andersen) Permission to Enter into Consultant Agreement No. AG-C-449 with Maul Foster & Alongi, Inc. for Environmental and Real Estate Services for Project No. CP0746, Mill Creek Wetland 5K Restoration E. Resolution No. 5029* (Chamberlain) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute a Purchase and Sale Agreement Between the City of Auburn and John Rice F. Resolution No. 5030* (Chamberlain) A Resolution of the City Council of the City of Auburn, Washington, Approving and Authorizing Execution of an Interlocal Agreement with Pierce County, Thereby Amending the Pierce County Countywide Planning Policies for Centers of Local Importance G. Resolution No. 5031* (Chamberlain/Yao) A Resolution of the City Council of the City of Auburn, Washington, Adoption the Comprehensive Downtown Parking Management Plan (CDPMP) for Parking Policy Development and Implementation H. Utility System Development Charges (SDC) Analysis Report (Repp) I. Capital Project Status Report* (Sweeting) J. Significant Infrastructure Projects by Others - Public Works Status Report* (Gaub) K. Action Tracking Matrix* (Gaub) V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 2 of 302 Page 3 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Approval of Minutes Date: January 13, 2014 Department: Public Works Attachments: Draft Minutes Budget Impact: $0 Administrative Recommendation: Public Works Committee to approve the minutes of the January 6, 2014 Public Works Committee meeting. Background Summary: See attached draft minutes. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff: Meeting Date:January 21, 2014 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 302 Public Works Committee January 6, 2014 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Wayne Osborne 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 Wayne Osborne, Vice-Chair Bill Peloza, and Member Claude DaCorsi were present. Also present during the meeting were: Mayor Nancy Backus, Interim Assistant Director of Public Works/City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Engineering Aide Amber Mund, Assistant Project Engineer Luis Barba, Traffic Engineer James Webb, Street Systems Engineer Jai Carter, Senior Project Engineer Ryan Vondrak, Project Engineer Matt Larson, Project Engineer Seth Wickstrom, Project Engineer Robert Lee, Project Engineer Kim Truong, Senior Project Engineer Jacob Sweeting, Maintenance and Operations Manager Randy Bailey, Senior Construction Coordinator Mike Kamenzind, Construction Manager Larry Dahl, Economic Development Manager Doug Lien and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Brett Jacobson from Plan A Development. B. Announcements Chairman Osborne introduced the new Public Works Committee and recognized that, for the first time in over 20 years, the Committee has a new chair. Chairman Osborne welcomed the Committee’s new member, Councilmember Claude DaCorsi. C. Agenda Modifications There was one agenda modification, removing Discussion Item A, Ordinance No. 6492, from the agenda. II. CONSENT AGENDA A. Approval of Minutes Page 1 of 14 CA.A Page 5 of 302 It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Public Works Committee Meeting minutes for date, December 16, 2013. Motion carried 3-0. III. DISCUSSION ITEMS A. Ordinance No. 6492 (Hursh) An Ordinance of the City Council of the City of Auburn, Washington, Amending Sections 2.03.040 and 2.03.090 of the Auburn City Code Related to the Organization of City Administrative Government Discussion Item A was removed from the agenda. B. Hinshaw Motorcycle Traffic Impact Fees (Para) Transportation Manager Para provided background information, to the Committee, regarding the development application submitted by Hinshaw Motorcycle. Following initial evaluation and based on the City’s Traffic Impact Fee system, staff calculated an impact fee for the proposed development, acknowledging the fee was not the most accurate fit for the developer’s use. Transportation Manager Para stated that staff encouraged the developer to submit an alternative fee analysis, which they did. Staff has been working with the developer on the re-submittal of their application and an analysis that the City can accept. Transportation Manager Para noted that the developer’s traffic impact fee will be a fraction of the original estimate. Transportation Manager Para explained that developments normally fit into the City’s defined land uses. Transportation Manager Para stated that not all of the projects in the Transportation Improvement Program (TIP) are factored into the Traffic Impact Fee Program, only the projects that are capacity related can be considered for the impact fee system. The capacity related projects are processed into the City’s impact fee analysis. Para noted that the City also has a Truck Impact Fee for developments with higher truck usage. Traffic Engineer Webb distributed a list of the capacity related projects identified in the 2013-2018 TIP and 2009 Comprehensive Plan. Webb also distributed a comparison of 2013 traffic impact fee base rates for 60 cities and 5 counties in Western Washington, for the Committee to review. Transportation Manager Para noted that based on the comparison of impact fees alone, the City’s base rate for traffic impact fees are below those of the Cities of Fife, Puyallup, Kent, and a number of other cities Page 2 of 14 CA.A Page 6 of 302 in the Puget Sound area. Traffic Engineer Webb explained how the traffic impact fees are calculated. Webb answered questions asked by Chairman Osborne regarding comparisons of developments in surrounding jurisdictions to those in the City of Auburn. The Committee and staff reviewed the TIP project list. Transportation Manager Para explained how the project costs are considered when calculating traffic impact fees for developments. Interim City Engineer Gaub explained how the total project costs, for the capacity related projects, is used to calculate that traffic impact fee base rate, in response to questions asked by Chairman Osborne. The Committee and staff continued to discuss how traffic impact fees are calculated. Traffic Engineer Webb answered questions asked by Member DaCorsi regarding the estimation of the traffic impact fees for the Hinshaw Motorcycle development. Vice-Chair Peloza requested staff prepare step-by-step examples of how traffic impact fees are calculated for the Committee to review. Chairman Osborne spoke about possibly reviewing the list of capacity related projects that are used to calculate the base traffic impact fee. Transportation Manager Para explained how the traffic impact fee system is the City’s way of meeting the concurrency requirements of the Growth Management Act and spoke about the importance of including the full costs of the capacity related transportation projects, in response to questions asked by Chairman Osborne about phasing the project costs in the TIP. Traffic Engineer Webb pointed out that the funds generated from traffic impact fees are also used to leverage the City’s grant applications for the local match amounts. If the amount of the traffic impact fees decreases the City may have difficulty funding match money and making applications for grants. Webb noted the M Street Underpass project will be removed from the list during the 2014 update of the TIP, possibly decreasing the base traffic impact fee. Interim City Engineer Gaub pointed out that A Street NW Phase 1 will also be removed from the project list. Transportation Manager Para answered questions asked by Chairman Page 3 of 14 CA.A Page 7 of 302 Osborne regarding the Lea Hill Road corridor projects. Interim City Engineer Gaub explained that the total project costs creates the overall amount that is used to calculate the base rate for the traffic impact fees, in response to a question asked by Vice-Chair Peloza. Gaub stated that the City collects the traffic impact fees and as the City moves forward with the capacity project, a portion of the traffic impact fees is allocated to the project. Mayor Backus suggested that staff create a visual presentation of how the traffic impact fees are calculated and then how fees are allocated to City projects, using the M Street Underpass Project as an example for the Committee to review. Member DaCorsi suggested using a flow- chart format and Vice-Chair Peloza agreed that would be beneficial. Transportation Manager Para stated that the traffic impact fees and project list will need to be reviewed in the next few months as part of the annual update to the TIP. Chairman Osborne asked that the traffic impact fee flow-chart/graphics be presented at the same time. C. Ordinance No. 6484 (Mund) An Ordinance of the City Council of the City of Auburn, Washington, Vacating Right-of-Way of the Alley Between South Division Street and A Street SE, South of East Main Street, Within the City of Auburn, Washington Engineering Aide Mund explained that Ordinance No. 6484 is for the vacation of the alley at the location noted on the accompanying vicinity map. The Public-Hearing will be held at the January 6th City Council Meeting. Engineering Aide Mund asked if the Committee had any questions prior to the hearing. Vice-Chair Peloza asked how the vacation will benefit the developer, Plan A Development. Mund answered that the developer did apply for the vacation and it will provide flexibility to the design of their building relating to access for vehicles and service vehicles. Chairman Osborne asked that Brett Jacobson, from Landmark Development Group/Plan A Development, come to the table and speak. Mr. Jacobson explained that the purpose of the vacation is to create a contiguous development and ownership structure. Mr. Jacobson also noted that some parking will occur across the alleyway and the developer plans on building a walkway across the alley to the building. Member DaCorsi asked how the owners of the adjacent property were notified of the vacation application and hearing. Engineering Aide Mund answered that the property owners received notice of the public Page 4 of 14 CA.A Page 8 of 302 hearing and that she has been in communication with the property owner regarding the project as well. Chairman Osborne noted that all of the easements will be maintained. The Committee had no further questions. D. 2014 Arterial/Collector Preservation Project - Street Selection (Carter) Street Systems Engineer Carter confirmed that the portions of E Main Street scheduled for patching are different than the areas that were patched a few years ago, following a question asked by Chairman Osborne. Member DaCorsi asked which portion of A Street will be overlaid. Interim City Engineer explained that A Street has been patched in the past and now staff is recommending that the roadway be treated with an overlay. Street Systems Engineer Carter spoke about different pavement treatments. Interim City Engineer Gaub clarified that the City did not purchase equipment to test the Pavement Condition Index (PCI) of the City’s streets. The City has a contract with a vendor that is evaluating the streets. Carter noted that the City did purchase the pavement management software. The vendor has completed their work and should be reporting their results to staff by January 17th. Vice-Chair Peloza asked if any of the work on the proposed roadways could be postponed so that patching of Green River Road can be included in the 2014 project. Street Systems Engineer Carter explained that the reason the proposed roadways were selected was because there is a lot more traffic traveling on the proposed roads than Green River Road. Vice-Chair Peloza asked staff for traffic count data on Green River Road and on the roads selected for the project. Following a question asked by Chairman Osborne, Street Systems Engineer Carter said that the Auburn High School project is scheduled to be completed in 2015 and once the civil work on the site is completed, the overlays on E Main Street will begin. Carter stated that the City’s patching and overlay of that section of E Main Street will be scheduled at the same time as the overlay being done by the school district. Interim City Engineer Gaub stated that there is a portion of 4th Street and Main Street that the school district will be completing improvements to. Page 5 of 14 CA.A Page 9 of 302 E. City Speed Cushion Standard Practices (Para) Transportation Manager Para stated that there is a Traffic Calming Program in the City included in the program, as a measure of last resort is the installation of speed cushions. Speed cushions were engineered by City staff and have been used for quite some time and have been received very well. The speed cushions were designed in coordination with the Valley Regional Fire Authority, so an not to impede their response vehicles. The Committee and staff reviewed the current speed cushion design standards. Chairman Osborne explained that his primary concern regarding the speed cushion design is that there is a 3” lift over 12” and recommended in the ITE manual is a 3” lift over 4’. The concern is that the lift of the speed cushion is too high. Chairman Osborn asked when the speed cushion design was developed. Para answered, approximately ten or more years ago. Transportation Manager Para said that other designs do have a slightly larger approach ramp. Chairman Osborn asked that staff review the current design, using the ITE manual as a guide. The Committee and staff discussed the possible reduction in effectiveness if the approach ramp was made larger. Interim City Engineer Gaub spoke about the coordination with the emergency services during the development of the speed cushions initial design standards. Vice-Chair Peloza stated that he supports a review of the design standards. Staff will review the current design standards for speed cushions and proposals for a possible redesign and return to the Committee for review at the February 3, 2014 meeting. F. Capital Project Status Report (Vondrak) Senior Project Engineer Vondrak stated that each of the Project Engineers will be introducing themselves to the Committee and providing brief description and status report on each of their projects included on the report. Senior Project Engineer Vondrak Page 6 of 14 CA.A Page 10 of 302 Item 3 – C201A – M Street Underpass: M Street was lowered and improved M Street from 3rd Street SE to 8th Street SE, created a grade separated crossing for the BNSF railroad. The project is substantially complete and the contractor is currently working on punchlist items. The punchlist is anticipated to be complete at the end of January. Item 8 – CP0909 – Academy Booster Pump Station Project: This project will construct a new booster pump station in the Academy water service area in order to meet fire flow demands and provide adequate domestic service. This project was identified in both the 2001 and 2009 Comprehensive Water Plan. The project is in construction and startup and testing for the station will begin late January, possibly early February. Item 14 – CP1107 – Fulmer Wellfield Improvements: This project evaluates and constructs improvements to Wells 2, 6, and 7 as well as the corrosion control treatment facility at Fulmer Field. The staff recommendations that were brought to the Committee in October are proceeding. Those recommendations were to chemically clean Well 6, put the temporary pump in the well back into production, and conduct some long term well testing. Well 7 will also be chemically cleaned, treated for manganese and a new pump and column will be constructed and a corrosion control system will be included. In the future a new column and corrosion control system will also be added to Well 6. Item 27 – C222A – 277th Auburn Way North to Green River Bridge: The scope of the project includes intersection improvements and major road widening of 277th, from Auburn Way North to L Street NE. This project received a federal grant of just over $1M to help finance the design, environmental permitting, and property acquisition phases of the project. The City also received a Transportation Improvement Board (TIB) grant for $4M to assist with project construction. The City has also entered into a participation agreement with the Robertson Properties Group (RPG) to assist financing construction as well. The project is now fully funded and is currently in design. Environmental compliance documentation has starting and staff is working toward 30% design. Vice-Chair Peloza asked that the status for the project be updated to note the agreement with RPG. Item 31 – C229A- BNSF/EVH Pedestrian Undercrossing: A grant was received to construct a pedestrian undercrossing by the White River Bridge. There are some complications due to the potential third BNSF rail. The City is reprogramming the grant monies with the State for preliminary design improvements to A Street, between the White River Page 7 of 14 CA.A Page 11 of 302 Bridge and 41st Street, including a signalized pedestrian crossing and access management. Item A – CP1115 – City Hall NW Plaza Improvements: The project enhances the NW entrance to City Hall and incorporates similar features as were constructed as part of the City Hall Plaza Project. The project is in design but is currently on hold, pending discussion with the Planning and Community Development Committee. Item B – CP1016 – Fenster Levee Project: This project completes levee improvements on the Fenster Levee consisting of moving the levee back to accommodate flows and adding a pedestrian trail. The work is being completed through an agreement with King County. The project is currently in design. Project Engineer Larson Item 1 – EM1302 – Hidden Valley Vista Emergency Storm Repair: This project replaced an outfall to the Green River in the Hidden Valley Vista neighborhood. The project is complete and should be removed from the report prior to the next meeting. Item 2 – CP0912 – Citywide Guardrail Improvements: This project completes guardrail along Kersey Way, Green River Road, and Mountain View Drive. Construction is mostly complete and the contractor is working on a punchlist. Item 5 – C410A – S 277th Wetland Mitigation Monitoring: This is an ongoing project to complete the required monitoring and maintenance of the wetland mitigation for the S 277th Grade Separation Project. There were three mitigation sites. One site has been released from regulatory agencies and the City has requested release for a second site in December 2013. The City has requested a one-year extension for the third site because it has not yet met its performance goals. Chairman Osborne asked if the City will be required to perform wetland mitigation monitoring as part of the new S 277th project. Interim City Engineer Gaub stated that there are potential wetland impacts and if the wetlands are impacted, the City may have to do some mitigation. The City of Kent has agreed that any mitigation credits they have remaining from their S 277th improvements can be transferred to the City of Auburn. It is not known how many credits that may be at this time. Item 26 – CP1104 – 104th Street & 8th Street NE Intersection Improvements: This project improves the pedestrian signal, adds a Page 8 of 14 CA.A Page 12 of 302 flashing yellow turn signal, and the project is currently in design. Vice-Chair Peloza asked if this project adds flashing yellow arrows to all of the City signals. Project Engineer Larson answered that the only signal included in this project is the 104th Street/8th Street NE signal. Item 30 – CP0765 – Lakeland Hill Reservoir Improvements: This project improves the existing Lakeland Hills Reservoir No. 5 and includes an internal and external coating system, improved tank mixing for water quality purposes and seismic and safety upgrades. The project is currently in design. Project Engineer Wickstrom Item 4 – CP1302 – 2013 Pavement Patching, Chipseal, and Overlay Project: The project included several chipseal treatments, some patching and an overlay on B Street NW. This project will be complete following the installation of some signs by the contractor. Item 6 – CP1225 – West Valley Highway Preservation – 15th Street NW to 37th Street NW: This project scope included an overlay of West Valley Highway. The contractor needs to complete some signal modifications at 15th Street NW and then the project will be complete. Vice-Chair Peloza asked about the maintenance of the median on West Valley High Way. Interim City Engineer noted that the median is a bioswale and there are some restrictions on how the weeds can be treated. Maintenance and Operations Manager Bailey stated that the Parks Department is hiring a contractor to provide maintenance services. Vice-Chair Peloza stated that he will discuss the matter with the Municipal Services Committee. Item 11 – CP1307 – Control Structure Installation Program: This project installs piping on manholes to help control the flow into and out of storm ponds. The contractor is fabricating the control structures and installation should begin in a few weeks. Item 29 - C512A – Well 4 Improvements: This project installs a new emergency generator and upgrades the chlorination at the well site. The project is in design and staff is working to advertise the project for bids in March 2014 in order for the improvements to be constructed in the summer of 2014. Item 33 – CP1224 – 2013 Local Street Reconstruction: This project rebuilt four streets as part of the Save Our Streets Program. Major construction is complete and the contractor is in the process of Page 9 of 14 CA.A Page 13 of 302 completing the punchlist items. Project Engineer Wickstrom responded to questions asked by Vice- Chair Peloza regarding the replacement of the waterline on B Street SE. Project Engineer Lee Project Engineer Lee distributed vicinity maps for the project that include multiple site locations. Item 7 – C524A – SCADA System Improvements: This project replaces the remote controls at the utility stations and the project is approximately 93% complete. There are four sites waiting to be converted which were added to the scope of the project via Change Order. Chairman Osborne asked if staff was experiencing the result from the new system that they anticipated. Project Engineer Lee stated that the system is working very well with only minor bugs that have been worked through. Item 12 – CP1222 – Citywide Traffic Signal Improvements: This project will construct safety improvements at multiple traffic signals, adding the flashing yellow arrow signals and updating video detection at some signals. The contractor is waiting for signal materials that have been ordered. Project Engineer Lee answered questions asked by the Committee regarding the improvements being made to the signal at 4th Street SE/Cross Street and Auburn Way North. Item 18 – CP0915 – Well 1 Improvements – Well Replacement: The entire well house at Well 1 will be replaced. The project design is 90% complete and the initial plans have been submitted to Department of Health. Item 21 – CP1308 – BNSF Utility Crossings Project: This project will make improvements to eight utility crossings, in anticipation of the BNSF third rail project. The project is 70% complete and the crossings will be complete prior to BNSF beginning construction on the third rail, which has been delayed to 2015. Item 22 – CP1109 – 2011 Storm Pipeline Repair and Replacement Project – Phase 2: This project design is at 60%. The City is negotiating an agreement with the Lakehaven Water Utility District, which has a waterline in conflict with the storm drainage improvements and requires relocation. Page 10 of 14 CA.A Page 14 of 302 Item 25 – CP1202 – AWS Flooding Phase 2: This project scope has expanded to include sewer and water facility improvements on 17th Street SE, from A Street SE to K Street SE. Item 32 – CP0906 – 2009 Gateway Project: This project is on hold due to lack of funding. The easement has been secured for the sign on Lake Tapps Parkway. Project Engineer Truong Item 9 – CP1120 – Lea Hill Safe Routes to School Improvements: This project includes various improvements to the safe walking routes to three schools in the Lea Hill Area. The project is close to completion. The contractor is waiting for utility poles to be relocated. The poles should be relocated by mid-February. The sidewalk work is complete, ramps installed and pedestrian signals are functioning. Item 10 – CP1207 – D Street NE Utility Improvements: This project will decommission a sewer pump station and install sanitary sewer, storm and water improvements. The project is currently in construction. Item 15 – CP1122 – 30th Street NE Storm Improvements: The existing 30” storm line is being replaced with a 42” storm line along 30th Street NE, between the Auburn Municipal Airport and the Brannan Park Pump Station. Project design is 95% complete. Project Engineer Truong explained that the construction across Auburn Way will be completed at night to reduce traffic impact, in response to a question asked by Chairman Osborne. Interim City Engineer Gaub noted that there are too many conflicting utilities to bore under the roadway and so the new pipe will need to be trenched across Auburn Way North. Item 19 – CP1208 – Sewer Pump Station Improvements Repair and Replacement Program: There will be improvements made to 11 different pump stations throughout the City. The improvements will include improving access to some of the wet wells, providing security features, installing generators, and corrosion protections. Staff is currently working on obtaining an easement around the R Street Pump Station. Item 24 – CP1219 – Valley AC Watermain Replacement: This project replaces asbestos cement waterlines along Auburn Way North, 49th Street, 85th Street and a small portion of B Street NW. Design is 30% complete and environmental permitting has started. Page 11 of 14 CA.A Page 15 of 302 Street Systems Engineer Carter Item 13 – CP1301 – 2013 Sidewalk Repair Project: This project design has been finalized and bids will be opened for the project on January 21, 2014. The emphasis of the project is to remove and repair trip hazards. Item 34 – CP1323 – 2014 Local Street Reconstruction Project: The consultant is completing survey work. If the bids come under the engineer’s estimate 3rd Street may also be included in the project. Interim City Engineer Gaub confirmed that there will be some funds carried over from last year’s budget to the current project budget, following a question asked by Vice-Chair Peloza. Senior Project Engineer Sweeting Item 16 – CP1118 – Auburn Way South Pedestrian Improvements – Dogwood to Fir Street & Item 17 – CP1119 – Fir to Hemlock Street: The City is working with the Muckleshoot Indian Tribe (MIT) to expand the corridor, improve pedestrian safety and reduce congestion. The main focus of Project No. CP1118 is to construct a pedestrian crossing. The current design is for a crossing at Elm Street but staff is currently working with the State and MIT to look at other locations for the crossing, which may include a new signal at Fir Street SE. Vice-Chair Peloza asked if staff was receiving full support from the MIT. Senior Project Engineer Sweeting answered that the MIT staff has been very helpful and has scheduled a meeting for the City to meet with the Tribal Council and the State Transportation Secretary later in the week. Project No. CP1119 will widen the street to five lanes with sidewalks and will also construct a signal at Hemlock Street SE. The current plan is to construction CP1118 and CP1119 concurrently. Staff is working on getting approval from the State and MIT on the final design. Chairman Osborne asked if both projects are fully funded. Sweeting answered that they are. Item 20 – CP1024 – AWS and M Street SE Intersection Improvements: This project will add a right turn lane west bound on Auburn Way S toward M Street SE. Also included are other safety improvements. The design is 70-90% complete and staff’s main focus Page 12 of 14 CA.A Page 16 of 302 has recently been on property acquisition. The project should go into construction in 2014. Item 23 – CP1304 – 37th St & B St NW BNSF Pre-Signal: A pre- signal will be constructed that will stop vehicles prior to the tracks to prevent them from becoming stranded on the tracks as the crossing arms come down. This will prevent damage to the crossing arms. Staff is working with BNSF on adjustment to advanced preemption of trains. Item 28 – CP1218 – Auburn Way S & Riverwalk Intersection Improvements: This project will widen the road to provide a second left turn lane into the MIT casino when heading east bound on Auburn Way S. There will also be another turn lane added to Riverwalk. The sidewalks will be widened and other safety improvements will be made as well. Senior Project Engineer Sweeting answered questions asked by Chairman Osborne regarding the project’s funding. Interim City Engineer Gaub answered questions asked by Member DaCorsi regarding the project start dates and possibility of including them on the Capital Project Status Report. Interim City Engineer Gaub responded to questions asked by Member DaCorsi about the process used to ensure contractors complete projects on schedule. Member DaCorsi asked if the consultant and contractor can be identified on the report. Interim City Engineer Gaub stated that information can be included but the format of the report may be affected. G. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Construction Manager Dahl stated that there have been no complaints regarding King County’s work on 17th Street, following an inquiry made by Chairman Osborne. H. Action Tracking Matrix (Gaub) Item G – Transportation Impact Fee Structure Analyses: Chairman Osborne asked when review of the fee structure will return to the Committee. Interim City Engineer Gaub recommended the initial review of the traffic impact fee process be scheduled for March 2014. Item I – Amberview Apartment Odor Complaint: Maintenance and Page 13 of 14 CA.A Page 17 of 302 Operations Manager Bailey reported that the system has been video assessed and no issues have been identified. Utilities Engineer Repp stated that, following the direction of the Committee, staff in preparing to replace the manhole. The manhole installation will be incorporated with the City’s regular repair and replacement program. The Committee determined the item can be removed from the matrix. IV. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:15 p.m. Approved this 21st day of January, 2014. Page 14 of 14 CA.A Page 18 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Right-of-Way Use Permit No. 13-39 Date: January 13, 2014 Department: Public Works Attachments: Special Conditions Vicinity Map Budget Impact: $0 Administrative Recommendation: Public Works Committee approve Right-of-Way Use Permit No. 13-39 for The Auburn Downtown Association Wellness Fair. Background Summary: Right-of-Way Use permit 13-39 would allow The Auburn Downtown Association to use B Street NE between Main Street and 1st Street NE and the adjacent parking lots on Saturday, June 28, 2014, from 10:00 am to 6:00 pm, for a Wellness Fair. Please see the attached map and conditions for additional information. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Mund Meeting Date:January 21, 2014 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 19 of 302 Right-of-Way Use Permit Special Conditions for ROW Use Permit 13-39 Staff recommends approval of the permit, subject to the following conditions: 1. Applicant’s failure to comply with any provisions/conditions of this permit shall be terms for immediate termination. 2. Applicant shall maintain current insurance throughout the life of the permit and provide the City with proof that they are insured. 3. Applicant shall provide a signed and notarized Hold Harmless agreement. 4. Applicant shall comply with the City’s nuisance code under ACC 8.12. 5. Applicant shall keep the public ROW free of litter and drink or food waste. 6. The City reserves the right to adjust the terms and conditions or revoke this Right-of-Way Use Permit pending the following considerations: a. Public complaints involving perceived issues impacting public use of the ROW affected by the permit. b. Public comment or other community interest concerns. c. Any emerging issue or change in use of the ROW that may impact the public interest, as follows: i. The remaining capacity of the rights-of-way to accommodate other uses if the applicant’s proposed use is granted. ii. The effect, if any, on public health, safety, and welfare if the authorization is granted. iii. Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest. 7. Applicant shall return the right-of-way to the same condition they found it, and shall remove any garbage or equipment they bring in. 8. Road Closure of B St NE between Main Street and 1st Street NE and adjacent parking lots on Saturday, June 28, 2014 from 10:00 am to 6:00 pm. a. City of Auburn Streets Division will provide, set up and take down street closure signs and barricades to open and close the road for the event. b. City of Auburn Streets Division will provide and set up advanced notification of “No Parking” signage for all parking on B St NE and adjacent parking lots. No parking will be in effect all day Saturday June 28, 2014. CA.B Page 20 of 302 ROW Use Permit #13-39 for Auburn Downtown Association 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 12/23/2013 CA.B Page 21 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Right-of-Way Use Permit No. 13-41 Date: January 6, 2014 Department: Public Works Attachments: Special Conditions Vicinity Map Budget Impact: $0 Administrative Recommendation: Public Works Committee approve Right-of-Way Use Permit No. 13-41 for Auburn Adventist Academy. Background Summary: Auburn Adventist Academy has requested a Right-of-Way Use Permit for a half-marathon fundraising event to support education on Sunday, April 13, 2014 from 6 am to 12 pm. The route for the half-marathon course (13 mi) starts on 32nd Street SE and heads east to Academy Drive SE, south to east at Lemon Tree Lane SE to 35th Way SE to Orchard Street SE to 37th Street SE to 148th Ave SE and out into King County where there is a turn-around for the course and it comes back into the City the way it went out. The runners are to move with the direction of traffic and stay inside the coned area on either side of the street. The applicant will provide for and set up all traffic control, “no parking” notification and Police and/or certified flaggers are to control intersections during the event. The race course is to be cleared of all runners prior to removal of any traffic control or Police and/or certified flaggers. The applicant is also required to notify the surrounding neighborhoods and residents of the event including parking restrictions, road closures and controlled intersection prior to the event. Please see attached conditions and course map for additional requirements and event details. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Mund Meeting Date:January 21, 2014 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 22 of 302 Right-of-Way Use Permit Special Conditions for ROW Use Permit #13-41 Staff recommends approval of the permit, subject to the following conditions: 1. Applicant’s failure to comply with any provisions/conditions of this permit shall be terms for immediate termination. 2. Applicant shall comply with the City’s nuisance code under ACC 8.12 3. Applicant shall keep the public ROW free of litter and drink or food waste. 4. Applicant shall maintain current insurance throughout the life of the permit and provide the City with proof that they are insured. 5. The City reserves the right to adjust the terms and conditions or revoke this Right-of-Way Use Permit pending the following considerations: a. Public complaints involving perceived issues impacting public use of the ROW affected by the permit. b. Public comment or other community interest concerns. c. Any emerging issue or change in use of the ROW that may impact the public interest, as follows: i. The remaining capacity of the rights-of-way to accommodate other uses if the applicant’s proposed use is granted. ii. The effect, if any, on public health, safety, and welfare if the authorization is granted. iii. Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest. d. Failure by the applicant to comply with these permit conditions. 6. Applicant will send notification to neighborhood prior to event to acknowledge the run and event. The notification is to include information regarding the street closures, no parking restrictions and Police or Flagger controlled intersections. Notification to neighborhood shall be mailed via the US Postal Service a minimum of 30 days prior to the event. 7. Applicant will provide set up and removal of traffic control for the event. 8. Applicant is to assure the right-of-way area will be open for emergency response if needed. 9. Applicant will coordinate and provide for City of Auburn off-duty Police personnel or Certified Flaggers to control marked intersections during CA.C Page 23 of 302 the entire event. Applicant shall submit a copy of executed contract for City of Auburn off-duty Police or copies of Certified Flagger cards for applicants staff who will be providing traffic control per the approved traffic control plan a minimum of two business days prior to the event. 10. Applicant shall set up no parking notification signs two days prior to the event for the event that state the event date and time, applicant contact information and Right of Way Use Permit Number. 11. Applicant shall cone off race course on both sides of the street, 6 feet from the curb and/or shoulder, maintaining a minimum of 20 feet of travel lane along the roadway. Race course shall follow the direction of traffic flow. 12. Participants are to remain within marked course route, either on sidewalk or within closed roadway areas. 13. Race course is to be cleared of all participants prior to removal of any traffic control devices or off-duty Police or Certified Flaggers. 14. Access to and from those parcels that are owned by private parties in the area of the street closures shall be maintained. 15. Cones and traffic control devices on Academy Dr SE and in the Lemon Tree Neighborhood shall be placed so as to not block adjacent driveway access or side streets. CA.C Page 24 of 302 CA.C Pa g e 2 5 o f 3 0 2 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1322 Date: January 10, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: Public Works Committee grant permission to initiate Project No. CP1322 Annual Traffic Signal Improvements Background Summary: The purpose of this project is to construct traffic signal system improvements including upgrades and repairs to vehicle detection systems, installation of accessible pedestrian pushbuttons and upgrading traffic signal systems at various locations throughout the City. See attached Vicinity Map for details regarding specific improvements and locations. This project includes a procurement phase during which equipment that requires long lead times, or items that will be installed by City forces, will be purchased by the City. Items not installed by City forces will be installed by a Contractor during the construction phase of the project. Funding for this project is from the Capital Signal Equipment and Improvement Funds (328 Funds). Currently the estimated project cost is equivalent to the budgeted amount. See the attached Budget Status Sheet for additional details Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Larson Meeting Date:January 21, 2014 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 26 of 302 Project No: CP1322Project Title: Project Manager: _Matthew Larson_ Project Initiation Initiation Date: _________ Permision to Advertise Advertisement Date: _________ Contract Award Award Date: _________ Change Order Approval Contract Final Acceptance Funding Prior Years 20132014 Future Years Total 328 Fund - Capital Signal Equipment Funds (64) 45,00075,000 120,000 328 Fund - Capital Signal Improvement Funds (65) 25,000100,000 125,000 Total070,000175,000 245,000 Activity Prior Years 20132014 Future Years Total Design Engineering - City Costs* 00 0 Equipment Procurement 0152,000 152,000 Construction Estimate 085,000 85,000 Project Contingency (Approx. 10% of Construction Est.)08,000 8,000 Construction Engineering - City Costs*000 Total00245,0000245,000 *Engineering costs are charged to the Engineering Budget. 328 Capital Improvement Budget Status BUDGET STATUS SHEET Annual Traffic Signal Improvements Date: January 9, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Prior Years 20132014 Future Years Total *328 Funds Budgeted ( )0(70,000)(175,000) (245,000) 328 Funds Needed00245,0000245,000 *328 Fund Project Contingency ( )0 (70,000)0 0 328 Funds Required 0070,000 0 pp g H:\PROJ\CP1322-Annual Traffic Signal Improv\3.00 Project Management\3.20 Budget\CP1322_BudgetStatusSheet.xls1 of 1CA.D Page 27 of 302 CA.D Page 28 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1120 Date: January 15, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $35,769.77 Administrative Recommendation: Public Works Committee recommend City Council approve Change Order No. 02 in the amount of $35,769.77 to Contract No. 13-07 for work on Project No. CP1120 Lea Hill Safe Routes to School. Background Summary: This project includes the construction of the following improvements: 1.Construction of bike lanes, sidewalks, curb and gutter and ADA accessible ramp improvements to complete the remaining pedestrian gap on the south side of SE 312th St starting at 124th Ave SE and extending approximately 600 feet east. 2.Installation of ADA pedestrian push buttons and audible countdown pedestrian signal heads at the existing signalized intersection of SE 312th St and 124th Ave SE, including upgraded ADA accessible ramps. 3.Construction of upgraded ADA accessible ramps on 116th Ave SE at the two marked school crosswalks in front of Rainier Middle School and at the intersection of 116th Ave SE and SE 304th St. 4.Bike lane striping, signage and pavement symbols on 116th Ave SE between SE 312th St and SE 304th St. Change Order No. 02 covers the cost to replace the existing traffic loops at the intersection of SE 312th St and 124th Ave SE that were impacted during construction activities. Change Order No. 02 also covers the costs for the Contractor to install the asphalt concrete along SE 312th St by hand due to there not being enough room for the Contractor to install the new pavement with a paving machine and for additional restoration work that is necessary to complete the improvements. A budget adjustment of $35,769.77 from the 102 Arterial Street Fund (City) will be required this year to fund the project. AUBURN * MORE THAN YOU IMAGINEDCA.E Page 29 of 302 Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Truong Meeting Date:January 21, 2014 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 30 of 302 Project No: CP1120 Project Title: Project Manager: Kim Truong Project Initiation Initiation Date: __7/18/11___ Permision to Advertise Date:1/14/14 Advertisement Date: _6/3/13_ Contract Award Award Date: ___7/16/13________ Change Order Approval Contract Final Acceptance Carry Forward to 2014 Funding Prior Years Prior Years 2013 2014 Total 102 Fund - Federal Grant 26,415 371,308 398,500 102 Arterial Street Fund 34,000 34,000 Total 0 26,415 405,308 0 432,500 Activity Prior Years Prior Years 2013 2014 Total Design Engineering - City Costs 26,415 42,361 69,553 Design Engineering - Consultant Costs 1,924 1,924 Construction Contract 255,369 255,369 Change Order #1 (473)(473) Change Order #2 35,770 35,770 BUDGET STATUS SHEET Lea Hill Safe Routes to School Improvements Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Change Order #2 35,770 35,770 Authorized Contingency 6,427 4,999 11,426 Other - School District (Education)75,700 75,700 Other - Police Dept. (Enforcement)1,502 1,502 Construction Engineering - City Costs 15,000 2,500 17,500 Total 0 26,415 322,109 118,969 468,270 Prior Years Prior Years 2013 2014 Total *102 Funds Budgeted ( )0 (26,415)(405,308)0 (432,500) 102 Funds Needed 0 26,415 322,109 118,969 468,270 *102 Fund Project Contingency ( )0 0 (83,199)0 0 102 Funds Required 0 0 0 118,969 35,770 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Budget Status H:\PROJ\CP1120-Lea Hill School Ped Imp\Budget\CP1120-BudgetStatusSheet.xls 1 of 1CA.E Page 31 of 302 CA.E Page 32 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5013 Date: December 30, 2013 Department: Public Works Attachments: Resolution No. 5013 Ordinance No. 6491 Exhibit A Exhibit B Exhibit C Exhibit D Budget Impact: $0 Administrative Recommendation: Public Works Committee to recommend City Council adopt Resolution No. 5013. Background Summary: Resolution No. 5013 sets the date of the public hearing for Franchise Agreement No. 13-37 for T-Mobile West LLC for February 3, 2014 at 7:30 pm in the Council Chambers. Franchise Agreement No. 13-37, Draft Ordinance No. 6491 is attached as back up documentation for Resolution No. 5013. 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. T-Mobile West LLC has applied for a Franchise Agreement for wireless telecommunications facilities that are currently in the City’s rights of way on the west hill. These facilities were originally installed under a Right of Way Use Agreement with King County prior to the area being annexed into the City. This agreement will bring T- Mobile into compliance with City Code and allow them to obtain construction permits so that they can make repairs, upgrades and improvements to existing facilities. All construction permits would be reviewed, approved and managed through the City’s permitting processes that are a requirement of the Franchise Agreement. At this time T- Mobile does not intend to install any new facility sites in Auburn. Any new sites would require a review through City processes and an amendment to the franchise agreement. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDRES.A Page 33 of 302 Planning And Community Development, Public Works Councilmember:Osborne Staff:Mund Meeting Date:January 21, 2014 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 34 of 302 ---------------------------- Resolution No. 5013 Franchise Agreement No. 13-37 November 13, 2013 Page 1 of 2 RESOLUTION NO. 5013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER A FRANCHISE AGREEMENT WITH T- MOBILE WEST LLC WHEREAS, T-Mobile West LLC 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 T-Mobile West’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 T-Mobile West LLC for a Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 3rd day of February, 2014, 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 invited to attend. RES.A Page 35 of 302 ---------------------------- Resolution No. 5013 Franchise Agreement No. 13-37 November 13, 2013 Page 2 of 2 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, 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 , 2014. CITY OF AUBURN ______________________________________ Nancy Backus Mayor Attest: ___________________________________ Danielle E. Daskam, City Clerk Approved as to Form: _____________________________ Daniel B. Heid, City Attorney RES.A Page 36 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 1 of 15 ORDINANCE NO. 6491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO T-MOBILE WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR TELECOMMUNICATIONS WHEREAS, T-Mobile West LLC, a Delaware limited liability company(“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, modify, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way (“Franchise”); and WHEREAS, with respect to some of these facilities, they were previously installed the public rights of ways with the permission of King County, which managed those right(s)-of-way prior to the annexation of those rights of way into the City of Auburn; 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, with respect to those facilities previously installed by authorization of King County, this agreement supersedes and replaces all agreements between Grantee and King County; and WHEREAS, based upon the foregoing recital clauses, and from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council in compliance with RCW 35.99 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, pursuant to RCW 35.99 the City grants to the Grantee general permission to enter, use, and occupy the public right(s)-of-way of the City. However, Grantee shall not extend its occupation of the public rights of way beyond the two facilities that presently RES.A Page 37 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 2 of 15 occupy the rights of way as specified in Exhibit “A”, attached hereto and incorporated by reference (the “Franchise Area”), without having first obtained an amendment to this agreement and site specific permits from the City authorizing Grantee to install telecommunications equipment at such other locations than specified in Exhibit “A”. B. This Franchise does not authorize the use of the public rights of ways for any facilities or services other than for wireless telecommunications facilities. C. 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 rights set forth herein. D. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respect to City rights-of- way. This Franchise shall be subject to the power of eminent domain, and in any proceeding under eminent domain. Grantee acknowledges that the City has the power of eminent domain and that Grantee’s remedies in the event of the exercise of such power are set forth in RCW 35.99 and other applicable law. E. The City reserves the right to change, regrade, relocate, abandon, or vacate any public right-of-way. If, at any time during the term of this Franchise, the City vacates any portion of the rights of way 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. F. The Grantee agrees that its use of the 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. Except as defined in the respective filing and emergency work provisions of Sections 5 and 7 herein, all notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. City or Grantee may from time to time RES.A Page 38 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 3 of 15 designate any other address for this purpose by providing written notice to the other party effective thirty (30) days after the provision thereof. City: City of Auburn Engineering Aide, Transportation 25 West Main Street Auburn, WA 98001-4998 Telephone: (253) 931-3010; Fax: (253) 931-3048 with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 Grantee: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attention: Lease Compliance/ City of Auburn Franchise B. Any changes to the above-stated Grantee information shall be sent to the City, referencing the title of this agreement. C. The above-stated 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), which approval shall not be unreasonably withheld, conditioned or delayed. 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 reasonably 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. RES.A Page 39 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 4 of 15 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 until either party gives written notice at least one hundred eighty (180) days in advance of the intent not to renew the Franchise. 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, modifying and/or 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, and easements, owned or controlled by the City. 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 thirty (30) days after the effective date of the ordinance approving the Franchise, the City’s grant of the Franchise will be null and void. RES.A Page 40 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 5 of 15 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 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 undertaking 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 in compliance with applicable law. D. Before commencing any work involving excavation 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 an additional and separate approval from the City. Section 7. Access, 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 telephonically during normal business hours (at 253-931-3010 and during non-business hours at 253-876-1985) as promptly as possible, before such repair or emergency work commences, and in writing as soon thereafter as possible. Such notification shall include the Grantee’s emergency contact phone number for the corresponding response activity. For RES.A Page 41 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 6 of 15 any emergency or after normal business hour issues involving the Grantee’s facilities which requires the Grantee’s immediate response the City shall contact the Grantee at their network operations center telephonically at 888-662-4662, which is operated 24 hours a day, seven days a week. The City may commence emergency response work, at any time, without prior written notice to the Grantee, but shall notify the Grantee in writing as promptly as possible under the circumstances of the nature of the emergency and the actions taken to address it. Section 8. Damages to City and Third-Party Property 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 pursuant to City Code.. Section 9. Location Preference and Interference 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 such 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 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 by the City to coordinate municipal functions with RES.A Page 42 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 7 of 15 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 Rights-of-Way. 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 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. C. 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 records act, provided the City has notified Grantee of the pending request and has given Grantee ten working days to obtain an injunction to prohibit the City’s release of records. 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 in the event the Franchise Area is required for use by the City in performance of its municipal services. In such event, City will give Grantee prior written notice of the need for such relocation of the Franchise Area. Notwithstanding the foregoing however, and 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 similar losses in connection with any such change, relocation, abandonment, or vacation of the right-of-way(s). 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, remove the affected facilities, or, with the City’s RES.A Page 43 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 8 of 15 written permission, abandon in place such facilities whereupon they will transfer to the City in their AS IS and WHERE IS condition without need of execution of any further documentation formalizing the transfer, and without representation or warranty of any kind or nature provided the Grantee shall provide to the City drawings, maps or other documentation about said facilities to the reasonable satisfaction of the City. Following such transfer, Grantee shall no longer be responsible for any liability, maintenance, repair or removal obligations related to or arising from the transferred facilities. B. The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise. Section 13. Undergrounding 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 that can be installed underground. B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Grantee shall underground those portions of Grantee Facilities that can be installed underground 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 or other applicable law. 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 it utilizes, 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 and the use thereof by all applicable parties 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 to the extent caused by 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, its agents, contractors, employees or invitees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the RES.A Page 44 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 9 of 15 City, its officers, officials, employees, and volunteers, the Grantee’s liability hereunder shall be only to the extent of the Grantee's negligence. B. The Grantee shall hold the City harmless from any liability for 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 or intentional misconduct of the City, its agents, contractors, employees or invitees performing such work. C. The Grantee acknowledges that neither the City nor any other public agency with responsibility for firefighting, 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. 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 with respect to acts or events occurring prior thereto. 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 RES.A Page 45 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 10 of 15 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 $1,000,000 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 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 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 carried by all licensed professionals employed or retained by 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 with respect to claims alleging Grantee’s negligence. 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. RES.A Page 46 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 11 of 15 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 The Grantee shall provide the City with a bond, or other financial guarantee in a form and substance reasonably acceptable to the City, in the amount of Fifty Thousand Dollars ($50,000) running for, or renewable for, the term of this Franchise. In the event Grantee shall fail to substantially comply with any one or more of the provisions of this agreement within the applicable cure or grace period, 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 direct 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. The foregoing RES.A Page 47 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 12 of 15 notwithstanding, Grantee may assign this Franchise in whole or in part without the need for the City’s consent to any entity that controls, is controlled by, or is under common control with Grantee, or to any entity resulting from any merger or consolidation with Grantee, or to any partner of Grantee or to any partnership in which Grantee is a general partner, or to any person or entity that acquires all of the assets of Tenant as a going concern. C. For any assignment requiring City consent, Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than sixty (60) days after the proposed date of transfer: (a) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer (redacted for any financial terms); (b) All information reasonably 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 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. E. Upon assignment, Grantee shall be relieved of all liabilities and obligations hereunder accruing thereafter and City shall look solely to the assignee for performance under this agreement and all such obligations accruing thereafter hereunder provided such assignee accepts all such obligations in writing within thirty (30) days of the date of assignment and is of substantially similar financial strength or credit worthiness as Grantee. 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 RES.A Page 48 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 13 of 15 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 (30) 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. 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/or 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. RES.A Page 49 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 14 of 15 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, if required by such statute or regulation, 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, or Grantee may terminate this agreement without further liability or penalty subject to its prompt removal of the Grantee Facilities in compliance with applicable terms herein. 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 within such thirty (30) day period. 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 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 provided the provision deemed invalid is not a material term to this agreement. Section 24. Titles RES.A Page 50 of 302 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 15 of 15 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. Termination. Grantee shall have the right to terminate this agreement with respect to an individual Franchise Area authorized hereunder, without penalty, upon one hundred twenty (120) days prior written notice. In such event, all applicable fees and/or costs set forth herein shall be equitably adjusted as of the effective date of termination Section 27. 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: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ RES.A Page 51 of 302 L A K ELAKETAPPSTAPPS S 277TH ST J O V I T A BLVD E PACIFIC AVE S M I L I T A R Y R D S ELLINGSON RD SW 8TH ST E WEST VALLEY HWY S 124TH AVE SE 132ND AVE SE 38TH AVE S STEWART RD SW A ST SE WEST VAL LEY H WY S 12TH ST E 182ND AVE E A U B U R N-BLACK DIAMOND RD SE S 288TH ST 9TH ST E 16 TH S T E A U B U R N-E N U M C LA W RD S M I L I T A R Y R D S 2 1 0 T H A V E E M I L I T A R Y R D S MILITARY RD S 18 18 164 167 A ST SE B ST NW AUBURN WAY S C ST SW I ST NE M ST SE AUBURN WAY N R ST SE 124TH AVE SE WEST VALLEY HWY N 132ND AVE SE S 277TH ST C ST NW 15TH ST SW W MAIN ST 15TH ST NW SE 304TH ST E MAIN ST LA KE TA P PS PK W Y S E 41ST ST SE 29TH ST SE SE 312TH ST 51ST AVE S K E R S EY WAY SE 8TH ST NE 37TH ST NW L A K E L A N D H I L L S W A Y S E ORAVETZ RD SE M ST NE D ST NW A ST NE 4TH ST SE 104TH AVE SE A ST NW SE 320TH ST WEST VALLEY HWY S LEA HILL RD SE EMERALD DOWNS DR NW 37TH ST NE S 316TH ST 321ST ST S AUBURN-BLACK DIAMOND RD SE D ST NE 112TH AVE SE RIVERWA L K D R SE P E A S L E Y C A N Y O N R D S EAST VALLEY HWY E HAR VEY R D NE SE 304TH WAY TERRACE DR N W SE 281ST ST SUMNER-TAPPS HW Y E 17TH ST SE 3RD ST SW 132 N D W AY SE16TH ST NW INDUSTRY DR SW 124TH AVE SE 112TH AVE SE 112TH AVE SE R ST SE A ST SE S E 3 0 4 T H S T SE 320TH ST M U C K L E S H O O TMUCKLESHOOTCASINOCASINO T H E T H E O U T L E T O U T L E T C O L L E C T I O N C O L L E C T I O N K I N GKINGCOUN T YCOUNTY K E N TKENT P A C I F I CPACIFIC P I E R C EPIERCECOUNTYCOUNTY A L G O N AALGONA S U M N E RSUMNER E D G E W O O DEDGEWOOD 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. Exhibit "A" - T-Mobile Franchise Area T Mobile Facilities SE4042A SE04028B Hydrology Streams Lakes and Rivers Political Boundaries City of Auburn Surrounding Cities King and Pierce Counties Transportation Arterials Highways Locals Printed On: 11/7/2013 Map ID: 4317 SE4042A SE04028B RES.A Page 52 of 302 EXHIBIT “B” GRANTEE FACILITIES EXISTING T-MOBILE FACILITIES IN CITY OF AUBURN ROW Site ID: SE4042A, “Peasley Canyon” Location: 33043 46th Place South Auburn, WA 98001 Description: Telecommunications Facility consisting of above ground radio equipment cabinets located in a 12’x17’ cedar wood fence enclosure in the Right-of- Way (ROW), with antennas collocated on an existing 88’ above-ground wooden utility pole in the ROW with connecting underground conduit. Site ID: SE04028B, Mountain View Cemetery/PR Location: 5605 S 324th Place Auburn WA 98001 Description: Telecommunication Facility consisting of antennas located on an existing 75’ above-groundround wood utility pole in the Right of Way with connecting underground conduit to the radio equipment cabinets located on adjacent private property. RES.A Page 53 of 302 Ordinance No. 6491 Franchise Agreement No. 13-37 DATE 09/24/2013 Page 1 of 1 EXHIBIT “C” GRANTEE SERVICES SERVICES PROVIDED BY T-MOBILE WITHIN THE CITY OF AUBURN: Telecommunications Services authorized by the Federal Communications Commission; including but not limited to the following: THE TRANSMISSION, AMPLIFICATION AND RECEPTION OF RADIO COMMUNICATION SIGNALS, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO: · VOICE, · DATA, · IMAGES AND VIDEO · E-911/EMERGENCY ACCESS · 3-G AND 4-G RES.A Page 54 of 302 Ordinance No. 6491 Franchise Agreement No. 13-37 DATE 09/24/2013 Page 1 of 1 EXHIBIT “D” STATEMENT OF ACCEPTANCE T-Mobile West LLC, A Delaware limited liability company, , 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. T-Mobile West LLC By: Date: Name: Title: Acting Regional Director, Engineering & Operations STATE OF _______________) )ss. COUNTY OF _____________ ) On this ____ day of _______________, 2014, 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 55 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5018 Date: January 6, 2014 Department: Public Works Attachments: Resolution No. 5018 Exhibit A Exhibit B Budget Impact: $0 Administrative Recommendation: Public Works Committee to recommend City Council adopt Resolution No. 5018. Background Summary: MCI Communications, Services, Inc. (MCI), has applied for a renewal of term for Public Way Agreement No 08-03 which was authorized by Resolution No. 4338 and amended by Resolution No. 4797 (please see attached documents) for facilities currently in the City’s right-of-way which has recently expired. The Public Way Agreement (PWA) was reviewed by City staff and the applicant and it was determined that the agreement still meets the needs of the City and the applicant with only a minor amendment to update the term of the agreement for one additional five year term. Resolution No. 5018 amends the current agreement, PWA 08-03, to reflect these changes and authorizes MCI’s fiber optic conduit to remain in the right-of-way per the conditions set forth in Amendment No. 2 (PWA 08-03A2) upon filing with the City Clerk a Statement of Acceptance which is marked “Exhibit A”. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Osborne Staff:Mund Meeting Date:January 21, 2014 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 56 of 302 Resolution No. 5018 Public Way Agreement No. 08-03 Amendment No. 2 January 6, 2014 Page 1 of 3 RESOLUTION NO. 5 0 1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL OF PUBLIC WAY AGREEMENT 08-03 AND AMENDING THE TERMS OF THE AGREEMENT WHEREAS, MCI Communications Services, Inc. has applied to the City for renewal of Public Way Agreement 08-03, which was authorized by Resolution No. 4338 and amended by Resolution No 4797, and WHEREAS, the City has reviewed the Grantee’s renewal application and determined that renewal of the Public Way Agreement authorized by Resolution No. 4338, amended by Resolution No. 4797 is in the best interest of the City and the citizens of Auburn, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The City approves Grantee’s application for renewal for one five-year period as provided for in Section 3B of Public Way Agreement 08-03, as amended, under the conditions set forth in this Resolution, and in substantial conformity with the previous Agreement a copy of which is attached hereto, marked as Exhibit “A.” Section 2. Acceptance of Amendments A. This Amendment and any rights granted hereunder shall not become effective for any purpose unless and until Grantee files with the City RES.B Page 57 of 302 Resolution No. 5018 Public Way Agreement No. 08-03 Amendment No. 2 January 6, 2014 Page 2 of 3 Clerk the Statement of Acceptance, attached hereto as Exhibit “B”, and incorporated by reference. The date that such Statement of Acceptance is filed with the City Clerk shall be the effective date of the renewal, which the City has assigned Amendment No. 2. B. Should the Grantee fail to file the Statement of Acceptance with the City Clerk within 30 days after the effective date of the Resolution approving the Amendatory Renewal, said renewal and corresponding agreement will automatically terminate and shall be null and void. Section 4. Implementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including negotiating and executing the Amendatory Renewal Agreement described herein (Amendment No. 2). Section 5. Severability The provisions of this resolution are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this resolution, or the validity of its application to other persons or circumstances. Section 6. Effective Date This Resolution shall be in full force and effect upon passage and signatures hereon. RES.B Page 58 of 302 Resolution No. 5018 Public Way Agreement No. 08-03 Amendment No. 2 January 6, 2014 Page 3 of 3 Dated and Signed this _____ day of ____________, 2014. CITY OF AUBURN _________________________ Nancy Backus Mayor ATTEST: _______________________________ Danielle Daskam APPROVED AS TO FORM: _______________________________ Daniel B. Heid City Attorney RES.B Page 59 of 302 RESOLUTION NO. 4797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFAUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE PUBLIC WAY AGREEMENT NO. 08-03 BETWEEN THE CITY OF AUBURN AND MCI COMMUNICATIONS SERVICES, INC. WHEREAS, the City and MCI CommunicationsServices, Inc. ("MCI") entered into PublicWay Agreements in 1996 (PWA 96-07) and 2008 (PWA 08- 03); and WHEREAS, the 1996 Agreement has a rolling five-year renewal period, which period expired December 16, 2011 and WHEREAS, it is in the public interest for the parties toenter into an amendment to PWA 08-03 to combine all of MCI's equipment and facilities into one Public Way Agreement. NOW THEREFORE, THE CITYCOUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and theAuburnCityClerk are hereby authorized to execute an amendment to PWA 08-03 between the City of Auburn and MCI Communications Services, Inc. which amendment shall be in substantialconformitywiththe agreement hereto, marked as Amendment No. 1 and incorporatedherein by thisreference. Resolution No.4797 May 17 2012 Page 1 of 2 RES.B Page 60 of 302 Section 2. The Mayor is hereby authorized to implement such administrativeprocedures as maybe necessary to carry out thedirectives of thislegislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. y PA Dated and Signed this day of - 2012. CI OF A PETER E NIS, MAYOR ATTEST L":: 4fzA--d Dan" Ile E. Daskam, City-Clerk APP D A RM: 2 Daniel B. Heid, I ttomey Resolution No.4797 May 17 2012 Page 2 of 2 RES.B Page 61 of 302 AMENDMENT NO. 1 ADDENDUM TO PWA 08-03 AGREEMENT BETWEEN MCI COMMUNICATIONS SERVICES, INC.AND THE CITY OF AUBURN RELATING TO PUBLIC WAY AGREEMENT THIS AMENDMENT ismade and entered into this d-6 day of 2012,by and between MCI Communications,Services,Inc.,a Delaware corpo on(,, Cr')and the CITY OF AUBURN, a municipal corporation of the State of Washington ("CITY',), as an amendment to the Agreement ("2008 Agreement") betweenthe parties for public way access executed on the 28th day of April, 2008 (PWA 08-03). RECITALS. 1. MCI's predecessor in interest,WorldCom Network Services,Inc.,and the City executed a public right of way agreement ("1996 Agreement") onDecember 17, 1996 (PWA 96-07), which agreement allowed MCI toconstruct, replace, maintain, and use equipment and facilities for an underground fiber optics trunkline within the City The 1996 Agreement contained a rolling five- yearrenewal period, the most recent of which expired on December 16, 2011. 2. The parties agree that combining the 1996 Agreement and the2008 Agreement would make it easier for them to administer the equipment and facilities within the City. NOW THEREFORE in consideration of their mutual covenants,conditions and promises,the PARTIES HERETO HEREBY AGREE as follows: 1 Exhibit"A"to PWA 08-03 is amended to include the facilities set forth on Exhibit A to this Amendment. 2. This Amendment, and any rights granted hereunder, shall not become effective for any purpose unless and until MCI files with the City Clerk the Statement of Acceptance within 30 days after the effective date of the resolutionapproving this Amendment,attachedhereto as Exhibit"B" and incorporated herein by reference. The date that the Statement of Acceptance is filed with the City Clerk shall be the effective date of this Amendment. 3 That all other provisions of PWA 08-03 shall remain unchanged, and in full force and effect. PWA 08-03A1 Page 1 of 2 RES.B Page 62 of 302 IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day and year first above written. MCI COMMUNICATIONS SERVICES, INC.C OF A By By- Its: Don Hirschenhof , Manaser Peter B. Lewes, Mayor Witness: Attest: By By L C_ Je az 'ewicz uriici al Af rs Danielle Daskam. City Clerk Approved as to form: Ap o fo Att ey for MCI Daniel B. Heid, City Attorney PWA 08-03A1 Page 2 of 2 RES.B Page 63 of 302 MCI Fiber 111X1 w 111'11 IT Ii, 4 SO I IM I I IIIIIII,k lJ mcm st 0 IOTH STIR 11WNP.S 101( l MAIN I I IAIII IT LILLI 1A1`o I, Cvi) Ii III til tir. Will", AUCK SHDOT arNn 7, 41 HSTE A. 0 1 100 2.200 1300 4400 5,500 City Hall City of Auburn FEET 11+ MCI Fiber(PWA 08-03) Parks Exhibit A M.pW 381n Infoml MCI Fiber (PWA 96-07) Water Features I,and .e..,fly m., ,w CI dAib..II. I.,:l,..IL' RES.B Page 64 of 302 EXHIBIT "B" STATEMENT OF ACCEPTANCE MCI Communications Services, Inc , for itself, its successors and assigns, hereby accepts and agrees to be boundby all terms, conditions and provisions of Amendment No 1 to PWA 08-03 attached hereto and incorporated herein by thisreference Grantee] By LAI Date Z o Z Name Don Hirschenh er Title Manager Right-of-Way & Municipal Affairs STATE OF A 5 ss COUNTYOF hAkkAS On this l I day of ,j\.2012, before me theundersigned, a Notary Public in and for the tat e of iP- duly commissioned and sworn, personally appeared, oV. of A Commk, , fhe companythat executed thewithin 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 WITNESSWHEREOF, I have hereunto setmy hand and affixed my official seal on n eherein bove set forth Sign u Sew., M NOTARY Pl-lFkl IC in and for the State of I eKwS residing at g40o SWfASo}w ,. Ih2 ton X -7J S(, MY COMMISSION EXPIRES Resolution No 4797 Page 1 of 1 011:100 Y- 0-1 x-20 RES.B Page 65 of 302 RESOLUTION NO. 4 338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYORAND CITY CLERK TO EXECUTE A PUBLIC WAY AGREEMENT BETWEEN THE CITY OF AUBURNAND MCI COMMUNICATIONS SERVICES, INC WHEREAS, MCI Communications Services Inchas applied to the City for a non-exclusivePublic Way Agreement for the right of entry, use, and occupation ofcertain 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 rights)-of-way, and WHEREAS, the City has reviewed MCI Communications Services' application and determined that the location of MCI Communications Services' facilities within the requested rights-of-way is in the bestinterest of the City and thecitizens of Auburn, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are herebyauthorized to execute a PublicWay Agreement between the City of Auburn and MCI Communications Services, Inc , which agreement shall be in Resolution No 4338 March 31 2008 Page 1 of 2 RES.B Page 66 of 302 substantialconformity with the Agreement a copy of which is attached hereto, marked as Exhibit "1" and incorporated herein by this reference Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carryout the directives of this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon ST Dated and Signed this j day of 12008 P TER B LEWIS MAYOR ATTEST Dani le E Daskam, City Clerk VE FOR a iel B o, City----------------------------- Resolution No 4338 March 31, 2008 Page 2 of 2 RES.B Page 67 of 302 CITY OF AUBURN PUBLIC WAY AGREEMENT WITH MCI COMMUNICATIONS SERVICES, INC This Public Way Agreement is entered into by andbetween the City of Auburn, Washington, a municipalcorporation ("City") and MCI Communications Services, Inc., a Delawarecorporation ("Grantee") WHEREAS, Grantee has appliedto the City for a non-exclusive Public WayAgreement for the rightof entry, use, and occupationof certainpublic right(s)-of-waywithin the City ofAuburn, expressly to Install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, upon, along and/or acrossthose rights)-of-way, and WHEREAS, the City has reviewed the Grantee's application and determined that the location of Grantee's facilitieswithin the requested right(s)- of-way is in the best interestof the City and the citizens of Auburn, NOW, THEREFORE, in considerationof the mutual benefits and conditions setforth below, the parties hereto agree as follows Section 1 Notice A Written notices to the parties shall be sent by certified mailto the followingaddresses, unless a different address shall be designated in writing and delivered to the other party City- Right-of-Way Manager City of Auburn 25 West Main Street Auburn, WA 98001-4998 Telephone (253) 931-3010, Fax. (253) 931-3048 with a copy to CityClerk City ofAuburn 25 West Main Street AuburnWA 98001-4998 Grantee MCI Communications Services, Inc AttnManager, Municipal Affairs 2400 N Glenville Dr Richardson, TX75082 Resolution No 4338 Exhibit 1 April 15, 2008 Pagel RES.B Page 68 of 302 I With a copy to Verizon Business, LegalandExternal Affairs Attn Associate General Counsel 205 North Michigan Ave Sixth Floor Chicago, IL 60601 B. Any changes to the above-statedGrantee Information shall be sent to the City's Right-of-Way Manager, 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 of 8 AM to 5 PM Pacific Standard time Section 2 Grant of Right to Use Public Way A Subject to the terms and conditions stated herein, the City grants to the Grantee general permission to enter, use, and occupy the right(s)-of-way specified in Exhibit "A," attached heretoand incorporated by reference (the Public Way") The Grantee shall place GranteeFacilities within the City Conduit Route setforth in Exhibit A, unless the Grantee determinesthat the route is impracticable for such use, in which case the Grantee shall place Grantee Facilities within the Qwest Conduit Routesetforth in Exhibit A Should the Grantee and the City agree that neither of theseroutes are practicable, the Grantee shall place GranteeFacilities along an alternate route within the Public Way, which may consist of the New Conduit Route set forth in ExhibitA or a mutually agreeable route including a portion of theNew Conduit Route and portions of theCity and Qwest Conduit Routes, the use of which shall be on terms mutually agreeable between the conduit owner and the Grantee The routes shall be subject to the following additional terms 1 City Conduit Route Should the Grantee choose tomake use of existing City conduit, the City shall then make one (1) conduit of one and one quarter inches (1 1/4") in size available to Grantee along that route at a rate of Thirty-Five Cents ($0 35) per lineal footof conduit per year The Grantee shall place for the City a mutually agreed upon amount of twenty-four (24) strand optical cable into City conduit alongthe route For thoseportions of the City Conduit Route in which the Grantee will construct new conduit, the Grantee shall construct for the City, and connect to existing City conduits, one (1) three Inch 3") conduit alongwithrelated structuresnecessary to access the conduit ("New City Conduit") that shall be in addition to any conduits to be owned or used by Grantee TheNew City Conduit is provided as consideration for leasing existing City conduit, and is not subject to the provisions of RCW 35 99 070 The parties Resoiution No 4338 Exhibit"I" April 15 2008 Page 2 RES.B Page 69 of 302 agree to negotiate in good faith an agreement encompassing the termsof this subsection and any othermutuallyagreeable terms 2 Qwest Conduit Route Shouldthe Grantee choose tomake use of Qwest's existing conduit, and should the Grantee be constructing new conduit along any portion ofthat route, the City mayrequirethe Grantee to install for the City, one (1) three inch (3") conduit, along with related structures necessary to access the conduit TheGrantee shall charge its incrementalcosts in Installing said conduit to the City Conduit provided pursuant to this subsection Is subject to the provisions of RCW 35 99 070, and the parties agree that they shall negotiate In goodfaith an agreement meeting the requirements of RCW 8036 150 that establishes the incremental costs of providing the new City conduits, the specific equipment required by the City, andany other terms mutually agreeable to the parties or required under RCW 35 99.070 3 New Conduit Route Should the Granteechoose to construct new conduit along the New Conduit Route, theGrantee shallinstall for the City, one (1) three inch (3") conduit, along with related structures necessary to access the conduit The Grantee shall charge its incremental costs in installing said conduit to the City Conduit provided pursuant to thissubsection is subject to the provisions of RCW 35 99 070, and the partiesagree that they shall negotiate In good faith an agreement meeting the requirements of RCW 8036 150 that establishes the incremental costs of providing the new City conduits, the specific equipment required by the City, and any other terms mutuallyagreeable to the parties or required under RCW 3599 070 4 Alternate Route Shouldthe Grantee and the Cityagree to an alternate route using portions of the City Conduit Route, the Qwest Conduit Route, and/or the New Conduit Route, the terms of the New Conduit Route shall apply to all newly constructedconduit along the alternate route, and the Grantee shall provideoptical cable to the City along the alternate route per the provisions ofthe City Conduit Route B The Grantee Is authorized to install, remove, construct, erect, operate, maintain, relocate and repair the facilities specified in Exhibit "B," attached hereto and incorporated by reference, and all necessary appurtenances thereto, ("GranteeFacilities") for provisionof lawful communications, including, without limitation, long distance voice and data communications and other lawful communications as disclosed to the City from time to time ("Grantee Services") in, along, under and across the Public Way, for the sole purpose of providing commercial utility or telecommunications services to persons or areas outside the City C ThisPublic Way Agreement does not authorize the use of the Public Way for any facilities orservices other than Grantee Facilities and Resolution No.4338 Exhibit 1 April 15 2008 Page 3 RES.B Page 70 of 302 Grantee Services, and it extends no rights orprivilege relative to any facilities or services of any type, including Grantee Facilities and Grantee Services, elsewhere within the City D ThisPublic Way Agreement is non-exclusive and does not prohibit the City from entering into otheragreements, includingPublic Way Agreements, impacting thePublic Way, 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 Public WayAgreement does not waiveany rights that theCity has or may hereafter acquire with respect to the Public Way or any other City roads, rights-of-way, propertyoranyportions thereof This PublicWay Agreement shall be subject to the powerof eminent domain, and in any proceeding undereminent domain, the Grantee acknowledges its use of the Public Way shall have no value F The City reserves the rightto change, regrade, relocate, abandon, or vacate thePublic Way If, at any timeduringthe termof thisPublic Way Agreement, the City vacates anyportion of the Public Way, the City shall reserve an easement for public utilities within thatvacated portion, pursuant to RCW 35.79 030, within which the Grantee may continue to operatethe Grantee Facilities under the terms of this Public Way Agreement for the remaining period set forth under Section 3 G The Grantee agrees that its use of Public Way shall at all times be subordinated to and subject to the City and the public's need for municipal infrastructure, travel, and access to the Public Way, except as may be otherwise required by law H Should the Grantee seek to use the Public Way to provide services, includingGrantee Services, to City residents or businesses, the Grantee shall apply for, obtain, and comply with the terms of a City franchise agreement for such use Section 3. Term of Agreement A This Public Way Agreement shall run for a period of five (5) years, from the date of executionspecified in Section 5 B RenewalOption of Term The Grantee may renew this Public Way Agreement for an additional five (5) year period upon submission and approval ofthe applicationspecified under ACC 20 04120, as it now exists or is amended, within the timeframe setforth therein (currently 180 to 120 days prior to expiration of the then-current term) Any materialssubmitted by the Grantee for a previousapplication may be considered by the City in reviewing a current Resolution No. 4338 Exhibit"1 April 15,2008 Page 4 RES.B Page 71 of 302 application, and the Grantee shall only submit those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect specific reporting periods mandated by the ACC Section 4 Definitions For the purpose of this agreement ACC" means the Auburn City Code Emergency" means a condition of imminentdanger to the health, safetyand welfare of Persons or property locatedwithinthe City including, without limitation, damage to Persons or property fromnatural consequences such as storms, earthquakes, riots, acts of terrorism or wars Maintenance or Maintain" shall mean examining, testing, inspecting, repairing, maintaining and replacing the existingGrantee Facilities or any part thereof as required and necessary for safe operation Relocation" means permanent movement of Grantee facilities required by the City for City purposes, and not temporary or incidental movement ofsuch facilities, or other revisions Grantee would accomplish and charge to thirdparties without regard to municipal request Rights-of-Way' means the surface and thespace above and belowstreets, roadways, highways, avenues, courts, lanes, alleys sidewalks, easements, rights-of-ways and similar public properties and areas Section S. Acceptance of Public Way Agreement A ThisPublic Way Agreement, andany rights granted hereunder, shallnot become effectivefor anypurpose unlessand until Grantee files with the City Clerk (1) the StatementofAcceptance attached hereto as Exhibit "C," and incorporated by reference, (2) all verifications of insurance coveragespecified under Section 15, and (3) the financial guarantees specified in Section 16 collectively, "Public Way Acceptance") Thedate that such Public Way Acceptance is filed with the City Clerk shall be the effective date of this Public Way Agreement B Should the Grantee failtofile the Public Way Acceptance with the City Clerk within thirty (30) days after the effective date of the resolution approving the PublicWay Agreement, said agreement will automatically terminate and shall be null andvoid Resolution No 4338 Exhibit"1" April 15 2008 Page 5 RES.B Page 72 of 302 Section 6 Construction and Maintenance A The Grantee shallapply for, obtain, and complywith the terms of all permitsrequired under ACC Chapter 12.24 forany work done upon Grantee Facilities Grantee shall comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work, whichshall be done in a thorough and proficient manner B Granteeagrees to coordinate its activities with the City and all other utilitieslocated within the Public Way C The City expressly reserves the right to prescribe howand where Grantee Facilities shall be installedwithin the Public Way and may from time to time, pursuant to the applicablesections of this Public Way Agreement, 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 Way, the Grantee shall comply with theOne Number Locatorprovisions of RCWChapter 19.122 to identifyexisting utility infrastructure Section 7 Repairand 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 Right-of-Way Manager in writing as promptly as possible, before such repair or emergencywork commences, or as soon thereafter as possible, if advance notice is not practicable The City may act, at any time, without prior written notice in the case ofemergency, but shall notify the Grantee in writing as promptly as possibleunder the circumstances Section 8. Damages to City and Third-Party Property Grantee agrees that should any of its actions underthisPublic Way Agreement impairs or damages any City property, survey monument, or property owned by a third-party, Grantee will restore, at itsown 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 propertyof a privately-owned utility, other than the Grantee's, which was installed, constructed, completed or in place prior in time to Grantee's application for a permitto construct Resolution No 4338 Exhibit"1 April 15, 2008 Page 6 RES.B Page 73 of 302 or repair Grantee Facilities under this Public WayAgreement shall have preference as to positioning and location with respect to theGrantee Facilities. However, to the extent that the Grantee Facilities are completed and installed prior to new or additional structures, equipment, appurtenances or tangible property of an earlier privately-owned utility being installed orcompleted, thenthe Grantee Facilities shall have priority. These rules governingpreference shall continue in the event of the necessity of relocating orchanging thegrade of any such 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 shallnot apply to any City facilities or utilities that may in the future require therelocation of Grantee Facilities Such relocations shall be governed by Section 11 B Grantee shall maintain a minimum underground horizontal separation of five (5) feetfrom City waterfacilities and ten (10) feet from above- ground City water facilities; provided, that for development ofnewareas, the City, together with Grantee and other utility purveyors or authorized users of the Pubic Way, will develop and follow the Public WorksDirector's determination of a consensus for guidelines and procedures for determiningspecific utility locations, subjectadditionally to this agreement and to a Franchise agreement, shouldone becomenecessary Section 10. Grantee Information A Grantee agreesto supply, at no cost to the City, suchinformation as the Director of Public Works, or Right-of-WayManager, find necessary to coordinate municipal functions with Grantee's activities and to fulfill any municipal obligations understate lawSaid information shall include, at a minimum, quarterly statements due on the first day of January, April, July, and October of each year detailing any changes in the informationsubmitted as part of Grantee's Public Way Agreement application as set forth in Exhibit "D," attachedhereto and incorporated by reference; as-built drawings of GranteeFacilities, installationinventory, and maps and plans showing the location ofexisting or plannedfacilities within the City Said information may be requested either in hard copy and/or electronic format, compatible with the City's databasesystem, as now or hereinafter existing, Includingthe City's geographicinformation Service (GIS) database. Grantee shall keep the Right-of-WayManager informed of its long-range plans for coordination with the City's long-range plans B The partiesunderstand that Washington law limits theability of the City to shield frompublic disclosure any information given to theCity Accordingly, the partiesagree to work together to avoid disclosures of Information which would result in economic loss or damage to Grantee because of mandatory disclosure requirements tothirdpersons. In the event the partiescannot agree, the dispute shall be submittedto the City Hearing Examiner, subject tothe record before the Resolution No.4338 Exhibit 1 April 15, 2008 Page 7 RES.B Page 74 of 302 Hearings Examiner Notwithstandingthis option, Grantee shall indemnify andhold harmless the City for any lossor liability for costsforattorneys fees because of non-disclosures requested by Grantee underWashington's open public records law, providedreasonable notice and opportunity to defend was given toGrantee or Grantee is made aware of the pending of a request orclaim Section 11 Relocation, of Grantee Facilities A Except as otherwise so required by law, Grantee agrees to relocate, remove, or reroute its facilities at its sole expense and liability and at no expense or liabilityto the City, except as may be required by RCWChapter 3599, as ordered by the City Engineer for City purposes, and upon sixty (60) days written notice from the City Pursuant to the provisions of Section 14, Granteeagrees to protect andsave harmless the City from any customer or third-party claimsfor service interruption or other losses in connection with any such change, relocation, abandonment, or vacation of the Public Way B In the eventthat the Public Way shall become a PrimaryState Highway as provided by law, the State Department of Transportation may order the Grantee to perform or undertake, at its sole expense, changes to the location of Grantee Facilities so that the same shall notinterfere with such statehighway and so that such facilities shall conform to such new grades or routes as may be established C If a readjustment or relocation of the GranteeFacilities is necessitated by a requestfrom 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 Withinone hundred and eighty (180) days of Grantee's permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City's discretion, eitherabandon in place or remove the affected facilities B The parties expressly agreethat this Section shall survive the expiration, revocation or termination of thisPublic Way Agreement Section 13. Undergrounding A The parties agree that thisPublic Way Agreement does not limit the City's authority under federal law, state law, or theACC, to require the undergrounding of utilities. B Whenever the City requires the undergrounding of aerial utilities in the PublicWay, the Grantee shall underground the GranteeFacilities in the Resolution No 4338 Exhibit"1" April 15, 2008 Page 8 RES.B Page 75 of 302 manner specified by the City Engineer, and where other utilities are present and Involved in the undergroundingproject, 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 GranteeFacilities Common costsshall include necessarycosts for commontrenching andutility 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 harmlessfromany and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature includingattorneys' feesarisingout of or in connection with the Grantee's performanceunder this Public Way Agreement, except tothe extent such costs claims, injuries, damages, losses, suits, orliabilities are caused by the negligence ofthe City B The Grantee shall hold the City harmless from any liability arisingout of or in connectionwith any damage orloss to the Grantee Facilitiescaused by maintenance and/or construction workperformed by, or on behalfof, the City withinthePublic Way orany other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligenceof the City, or its agentperforming suchwork C The Grantee acknowledges that neither the City nor any other publicagency with responsibility for fire fighting, emergency rescue, public safety or similar duties within the City has the capability to providetrench, close trench or confined space rescue The Grantee, and its agents, assigns, successors, or contractors, shall make such arrangements as Granteedeems fit for the provision of such services The Grantee shall hold the City harmless fromany liability arisingout of or in connection with any damage or loss to the Grantee for the City's failure orinability to provide such services, and, pursuant to the terms of Section 14(A), theGrantee shall indemnify the City against anyand all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City's failure or inability to provide such services D Should a court ofcompetent jurisdictiondetermine that this Agreement is subject to RCW 424 115, then, in theeventof liability for damages arising out of bodily injuryto persons or damages to propertycaused by or resulting from the concurrent negligence of the Grantee and the City, its officers, officials, employees, and volunteers, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence It is further specifically and expresslyunderstood that the Indemnification provided herein constitutes the Resolution No 4338 Exhibit"1 April 15, 2008 Page 9 RES.B Page 76 of 302 City's and Grantee's waivers of immunityunder Industrial Insurance, Title 51 RCW, solelyforthepurposes of the indemnifications setforth in this Section 14 This waiver has been mutuallynegotiated by the parties The provisions of this sectionshallsurvivethe expiration or termination of this Agreement E Acceptance by theCity of any workperformed by the Grantee shall not be grounds for avoidance of this section Section 15 Insurance A The Grantee shall procure and maintain for the duration of the Agreement, insurance against claims for injuriesto personsor damage to property whichmay arisefrom or in connection with activities or operations performed by or on the Grantee's behalf with the issuance of this Agreement. Grantee shall obtain insurance of the type described below 1 Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and propertydamage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form or a substitute form providing equivalent liability coverage 2 CommercialGeneral Liability insurance with combined single limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operation aggregate limit. Coverage shallbe written on ISO occurrence form or equivalent and shall cover liabilityarisingfrom premises, operations, independentcontractors, products- completed operations, and personal injury and advertising injuryand contractual liability Limits can be satisfied by a combination of commercial general liability and Excess Liability There shall be no endorsement or modification of the Commercial General Liability insurance forliability arising from explosion, collapse, or underground property damage The City shall be named as an additional insured as their interest may appear under the Grantees Commercial General Liability insurance policy with respect to the workperformed under this Public WayAgreement 3 Professional Liability insurance with limits no lessthan 1 000 000 per claim and aggregate 4 Workers' Compensation coverageas required by the Industrial Insurance laws of the Stateof Washington Employer's Liability 1,000,000 each accident/disease/policylimit (Stop Gap Liabilityincluded in Employer's Liability.) Resolution No.4338 Exhibit"1" April 15, 2008 Page 10 RES.B Page 77 of 302 B The insurance policies are to contain, or be endorsed tocontain, the following provisionsfor Automobile Liability, and Commercial General Liability insurance 1 The Grantee's insurancecoverage shall be primary insurance as respects the City Anyinsurance, self-insurance, or insurance.pool coveragemaintained by the City shallbe in excess of the Grantee's insurance and shall not contribute with it C Acceptabilityof Insurers Insurance is to be placed with insurers with a current AM Best rating ofnot less than A VII D Verification of Coverage Grantee shall furnish the City with original certificates and a copy of the mandatoryendorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee before commencement of the work The certificates shall contain a provision stating thatthe insurer or its authorized representative shall endeavor to provide thirty (30) days prior written notice by certified mail, return receipt requested, has been given by the City E Grantee shall have theright to self-insure any or all of the above- required insurance F Grantee's maintenance of insurance as required by this Agreement shall not be construed tolimit theliability 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 atlaw or in equity Section 16. Performance Security Pursuant to ACCChapter 20 10, the Grantee shall provide the City with a financial guarantee as specified in ACC Section 2010.250, in a form and substance acceptable to the City, securing the Grantee's faithfulcompliance with the terms of this Public Way Agreement. Such guarantee shall be in the amount of Fifty Thousand dollars ($50,000 00) 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 rightsand privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors, assignees and Resolution No 4338 Exhibit"1" April 15 2008 Page 11 RES.B Page 78 of 302 contractors equally as if theywere specifically mentioned herein wherever the Grantee is mentioned B This public way agreement shall not be leased, assigned or otherwise alienated without the express consentof the City by resolution, which approval shall not be unreasonably withheld C Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than onehundred twenty (120) days priorto theproposed date of transfer (a) Completeinformation setting forth the nature, term and conditions of theproposed assignment or transfer, (b) All information required by the City of an applicant for a Public Way Agreement with respect to the proposed assignee or transferee, and, (c) An application fee which shall be set by the City, plus any other costs actually and reasonablyincurred by theCity in processing, and investigating the proposed assignment or transfer Section 18. Dispute Resolution A In the event of a dispute between the City and the Grantee arising by reason of this Agreement, the dispute shall first be referredto the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this Agreement The officers or representatives shall meet within fifteen (15) calendar days of either party's requestfor a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute B If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies This Public WayAgreement shall be governed by and construed in accordance with thelaws of theState ofWashington In the event any suit, arbitration, or other proceeding is instituted to enforce anyterm of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington The prevailing party in any suchaction 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 andRemedies A If the Grantee shall willfully violate, or fail to comply with anyof the provisions of this Public Way Agreement through willful Intent or gross negligence, or should it fail to heed or comply with any notice given to Grantee under the provisions of this agreement the Citymay, 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 withinthirty Resolution No 4338 Exhibit 1" April 15, 2008 Page 12 RES.B Page 79 of 302 days, the Citymay 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 theoriginal thirty day cure period, and diligentprosecution of the work to completion If the breach is not cured within the specified time, or the Grantee doesnot comply with the specified conditions, the Grantee, and its successors or assignees, shall forfeit all rights conferred hereunder, and the Public Way Agreement may be revoked or annulled by theCity with no further notification B Should the City determine that Grantee is acting beyond the scope of permissiongranted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Public Way Agreement upon thirty days (30) written noticeto Grantee and requirethe Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissionsfor such actions, and if the Grantee's actions are not allowedunder the Auburn City Code, to compel Grantee to ceasesuch actions Section 20 Compliance with Laws and Regulations A ThisPublic Way Agreement is subject toand the Grantee shall comply with all applicable federal andstate or Citylaws, regulations and policies including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this PublicWay Agreement Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Granteeshall be subject to the police power of the City to adopt and enforce generalordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Public Way B The City reserves theright at any time to amend this Public Way Agreement to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City Ordinanceenactedpursuant to such federal or state statute or regulation upon providing Grantee with thirty (30) days writtennotice of its actionsetting forththe full text ofthe amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration ofthe notice period unless, before expiration of that period, the Granteemakes a written call for negotiations over the terms of the amendment If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the initial notice, the City may enact the proposed amendment, by incorporating the Grantee's concernsto the maximum extent the City deems possible Resolution No 4338 Exhibit"1" April 15 2008 Page 13 RES.B Page 80 of 302 C The City may terminate this PublicWay Agreement upon thirty (30) days written noticeto the Grantee, if the Granteefails to comply with such amendment or modification Section 21. License, Tax and Other Charges This Public Way Agreement shallnot exempttheGrantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of public ways Section 22. Consequential Damages Limitation Notwithstanding any other provision of this Agreement, In no event shall either party be liablefor anyspecial, incidental, Indirect, punitive, reliance, consequential or similar damages Section 23. Severability If anyportion of thisPublic WayAgreement 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 thepurpose of interpreting this Public WayAgreement. DATED and SIGNED this ,2l r day of ` I 200 ' CI F AU RN PETER B. LEWIS MAYOR Resolution No 4338 Exhibit"1" April 15, 2008 Page 14 RES.B Page 81 of 302 ATTEST bariielle E. Daskam, CityClerk APP VEDAS TO FORM niel B Hei , City Attorney Resolution No 4338 Exhibit"1" April 15,2008 Page 15 RES.B Page 82 of 302 IIIIMMCI New Conduit Route Resolution Conduit•, Route Exhibit "A" p I E 111t 7 1 Y i 1 11 . 1 1 111 1 1 1 1 1 1 t 1 E RES.B Page 83 of 302 C N 0 d 9 Z L 0 0V O Q ORA IM IL aF a 1% W Vtj/! f/!///// ff!/ J Bl/!// f// N!//////// f f/! I/ N/! fJ/ Nflf ldl dl i/ Jiff fJ iflJ/ iJlJflffJJJNJIil. F?+\<\«<\ 1 1<!<\<\«<\<\< 1y, W iii eee[ J II y/// e ei 9lllla JII JJAI tal V.( iJJJi fli Ili i i yr PA AWN MM NX N!/ II/ f/ I// I N// AV, !/ I// Jll Nff/ I/!/ f/!/ JJ/ I!// N/ I/ N/ II// lINNHN// I// N/// fJSJ' W M ' oil, V, kL iy RES.B Page 84 of 302 Exhibit"B" Resolution No. 4338 Grantee Facilities & Services MCI Communications Services, Inc. ("MCI") is a registered telecommunication companyauthorized toprovide long distance services in the State of Washington by the WashingtonUtilities and TransportationCommittee Theproposed project will expand MCI's telecommunication network from the BurlingtonNorthern and Santa Fe Railroad right-of-way to the existing QwestCentralOffice located at 10 SecondStreet SE The long distance network will not access any customers in the City of Auburn and will merely replace an existing leasedthird party network fromthe existing MCI network on the railroad right-of-way to theQwest Central Office Construction will be managed by the City through the utilization of a construction permit RES.B Page 85 of 302 EXHIBIT"D" Resolution No 4338 APPLICANT INFORMATION Identity of Applicant(Including all affiliates) MCI Communications Services, Inc.(A subsidiary of Verizon) Primary contact Name Jeff Markiewicz, Municipal Affairs Address 2400 N Glenville Drive, Richardson Texas 75082 phone number 972-729 7575 fax number 972-729-6700 email address jeff.markiewiczQave6zonbusiness.com Marketing contact Name www,verizonbusiness.com Address 1-877-297 7816 phone number fax number email address Customers using the Applicant's Facility Facilities do not provide customernetwork access points Primarycontact Name Address phone number fax number emailaddress Other parties owning lines within the facility No other parties own lines within the MCI facilities Primary contact Name Address phone number fax number email address Version Date 03/19/2008 PUBLIC WAY AGREEMENT Pagel RES.B Page 86 of 302 EXHIBIT "D" (Continued) Resolution No 4338 Marketing contact Name Address phone number fax number email address System Information Location and route of the facility, Various City streets(Exhibit A) Location of interconnection with other telecommunication providers. Owest Central Office located at 10 Second Street SE Location of handholds manholesand other potential access points for local customers within 5 miles ofcity limits. MCI's long distance network does not provideaccess pointsdirectly to local customers within 5 miles of theCity limits Description of the type of line used to provide the service (Fiber Cable etc.): 24 fiber optic cable Description of the facility(conduits,ducts,size,configuration). A single 4-inchHDPE conduit occupied by(3) 1.25-inch subducts 1 occupiedby the cable Number of lines in the facility 1 subductoccupied(2 spare) Capacity of thelines* 24 fibers Excess capacity-number of unusedconduits and unused"dark"fiber(2) 1.25-inch subducts spare For existingfacilities. excesscapacity after Installation ofapplicant's facilities. NA Information about theService Description of the type of telecommunications services that are or will be provided(voice video,data etc.). Long distancetelecommunications services as authorized by the Washington Utilities and Transportation Utilities Committee Version Date 03119/2008 PUBLIC WAYAGREEMENT Page 2 RES.B Page 87 of 302 EXHIBIT "C STATEMENT OF ACCEPTANCE MCI Communications Services, Inc., foritself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of thePublicWay Agreement attached hereto and incorporated herein by this reference MCI Communicati s Services, Inc By Date 4-aG-ob Name: Robert H. Bohne Title: Director STATE OF 7C)a5 ss COUNTY OF-PA-{-M6 ) On this /-t77%IIay of {4024L 200 before me the undersigned, a Notary Public in and for a Stat c duly commissioned and sworn, personally appeared, of MCI Communications Services, Inc., the company thatexecutedthe within and foregoinginstrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, andon oath stated that he/she is authorized to execute said instrument IN WITNESSWHEREOF, I have hereunto set my hand and affixed my official seal on the date /h e- rJ eii/nnaabb(oove spet forth r V V/S/• '', CEUA H.PoOIF i, MY COMMISSIONEXPIRES g Apx taON E Signature w,__.,. NOTARYPUBLIC in and for the Tpvt residing at MY COMMISSION EXPIRES' I/ iq I l:3 W1 Version Date: 04/15/2008 PUBLIC WAY AGREEMENT Page 15 RES.B Page 88 of 302 Performance Bond(Rights-of-Way) Amount. $50.000.00 Bond No 6547679 KNOW ALL MEN BY THESE PRESENTS. Thatwe, MCI Communications Services, Inc., 2400 North Glenville Drive, Richardson, TX 75082 as Principal, and Safeco Insurance Company of America, Safeco Plaza, Seattle WA 98185 as Surety,are held and firmly bound City of Auburn, Washington as Obligee, in the sum of(Fifty Thousand )and 00/100 Dollars( $50,000.00 for the payment of which we bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, by these presents. WHEREAS,the Principal is required by the City of Aubum.WA code ACC Section 20.10.250, in effect at the effective date of this bond, to post this bond regarding the Public Way Agreementgranted to MCI Communications Services. Inc. to install, construct,erect,operate,maintain, repair, relocate and remove its facilities in,on, upon, along and/or across those right(s)-of-way within the ( City of Auburn,WA affected by the installation of fiber optic telecommunications. Facilities shall include,butnot be limited to,roadways,curbs, sidewalks, sewer lines,culverts, inlet, drainage facilities, signs, landscaping, and the like, as a condition for granting agreement between (City of Auburn,WA ) and (MCI Communications Services, Inc. WHEREAS,the Obligee has agreed to accept this bond as security for performance of Principals obligations under said agreement: NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall faithfully perform its obligations under said agreement, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and conditions: 1 In the event of default by the Principal, Obligee shall deliver to Surety a written statement of the details of such default within 30 days after the Obligee shall learn of the same,such notice to be deliveredby certified mail to address of said Surety as stated herein. 2. This bond may be terminated or canceled by surety by giving not less than sixty (60) days written notice to the Obligee, stating therein the effective date of such termination or cancellation. Such notice shall not limit or terminate any obligations resulting from default by the Principal that may have accrued under this bond prior to the effective date of such termination. RES.B Page 89 of 302 3 Neither cancellation nor termination of this bond by Surety,nor inability of Principal to file a replacement bond or replacement security for its obligations, shall constitute a loss to the Obligee recoverable under this bond. 4 No right of action shall accrue on this bond for the use of any person, corporationor entity other than the Obligee named herein or the heirs,executors,administrators or successors of the Obligee 5 The aggregate liability of the surety is limited to the penalsum stated herein regardless of the number of years this bond remains in force or the amount ornumber of claims brought against this bond. This bond shall not bind the Suretyunless it is accepted by the Obligee by signing below. IN WITNESS WHEREOF, the above bounded Principal andSurety have hereunto signed and sealed this bond effective this 17th day of March , 20.0 MCI Communications Services, Inc.Safeco Insurance Company of America By- By: J " K e l Hartnett Menuel Jones,Attomey -Fact Assistant Treasurer for insurance p es onl i AcceptedbyObligee- Signature&date above-Print Name,Title below) RES.B Page 90 of 302 SafecoInsuranceCompany of America POWER Safew Plaza eransurance Comveny of America OF ATTORNEY Seethe,WA 90185 KNOW ALL BYTHESE PRESENTS: No. 13030 That SAFECOINSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a WashingtonCorporation,doeseach hereby appoint PATRICK BANNON;RACHEL COLE;MENUELJONES;ERIN M.MARGELIS;MYRNA L SMITH;BRIAN ST.CLAIR; Washington,D,C..»..................................... Itstrueand lawful attorney(s)-in-fact,with fullauthority to execute onIts behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of Its business,and to bind the respective company thereby. IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 14th day of September 2007 u STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of SAFECOINSURANCE COMPANY OF AMERICA and of GENERAL INSURANCECOMPANY OF AMERICA: Article V.Section 13.-FIDELITYAND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointedfor that purpose by the officer In charge of surety operations,shall each have authority to appointIndividuals as attorneys-In-fact or under otherappropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company In the course of Its business...On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument Conferring such authority or on any bond or undertaking of the company the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such Instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 28,1970. On an certificate executed by the Secretary or an assistant secretary or the Company setting out,yI) Theprovisions of Article V,Section 13 of the By-Laws,and ii) A copy of thepowervof-aflomey appointment,executed pursuantthereto,and Iii) Certifying that said power-of-attorney appointment Is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may bea facsimlle thereof.' I,Slephenle Daley-Watson ,Secretary of SAFECO INSURANCECOMPANY OF AMERICA and of GENERALINSURANCE COMPANY OF AMERICA,dohereby certify that the foregoingextractsof the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney Issued pursuant therein,aretrue and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation IthisI -1-l' day of gv09r(j.ECPd1p9 13' G°pPO Tt CORPORATE SEAL w SEAL C U rkJ16vef a 7953 102 f-Orr WASNk'' o eIC « s STEPHANIE DALEY-WATSON,SECRETARY mwv 9afeco®an0 Ne 5arvco logo ere ngistaratl eatlamuks ol9afeco Carporaaon. S-0974105 4/05 WEB POF RES.B Page 91 of 302 ACORD,. CERTIFICATE OF LIABILITY INSURANCE D^TE03/11//YYYY)03/11/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYADDRiskServicesNortheastInc fka Aon Risk Services, Inc. of New York ANDCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 199 water Street CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE New York NY 10038-3551 USA COVERAGE AFFORDED BY THE POLICIESBELOW PIONS- 866283-7122 FAX- 847 953-5390 INSURERS AFFORDING COVERAGE NAICB INSURED INSURER A, American Home Assurance Co. 19380 MCI Communications services, Inc INSURER B: C 140 west Street New York NY 10007 USA INSURER f. INSURER D. 9_ INSURER E. ICOVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMEDABOVE FOR ME POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANYCONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUEDOR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEDHEREIN IS SUBLECTIO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUL-11 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADV POLICY BPYECTIY POLN'Y EXPRATTON LW KtR TYPE OF INSURANCE POLICY NUMBER DATEIMSADDIYYI BATC(NINI\DDIYT LIMITS A eMLLIABII.T 1595312 06/30/07 06/30/08 CACTI OCCURRENCE 51,000000 General Liability (cXCOAIMERCIALGF.NFRALLIAMLITY DAMAGE TO RENTED 51,000,000 CLAIMSMADE [:] OCCUR PREMISLq IEo meurerc[I MIMEXP(AwwNOmxrap PCRSONALAADVINIURY 11,000,000 p AA GENERAL AGGREGATE 52,000,000 q p GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPOI'AG(1 2,000,000 Pnl POLICY IEC( La CIn A AIITOMORMLE LIABILITY 1606848 06/30/07 06/30/08 IYIMIDNED SINGLE LIMIT ANY AUTO Auto Liability verizon 4 IPa anYkwl 51 000 000 A 1606849 06/30/07 06/30/08 a.ALL OWNED AUTM Auto Liability- verizon BOBBY INJURY A SCIIEDULEDAUTOS CA1606847 06/30/07 06/30/08 (pm p(wnl c Auto Liability- verizon HIRED AUTOS BODILY MIURY t NONOWNEDAUTOS IPn saueml V PROPERTY DAMAGE Pn.c ') GARAGE LIABILIT AUTOONLY BAACCIDENi ANY AUTO OTHER TITAN EA AfC AUTO ONLY: AO(1 r,-,T"T,.. LIABILITY' EACH OCCURRENCE CUCLAIMS MADE AGGREGATE CTIDLf: x I IRKERq COMPENSATION AND wC STA T'IY -11 0.SIY F.MPLOVERS'LIABILITY R.L.EACH ACCIDENT AYY PRINRICTOR/PARTNER I EXECUTIVE OFFICER/MEMBER EXCLUDEM F..L.DISEAg'.-EA P,MPLOYFr Wpm.JwN.,WH,SPECIAL PROVISIONS rt L.DISEASE-POLIO'LIMIT b Wr OITIER DEB RIMON OF OPERATIONSM1 ATONSNEHICLESC CLUSIONS ADDED BY ENOORBFMENr15PECIAI PROVISIONS 25 Re. Right of way use permit The City of Auburn is included as Additional insured as required by written contract. This coverage is primary and non-contributory as required by written contract CERTIFICATE.HOLDER I ANCELLATION City of Auburn, WA SHOULD ANY OF TI IE ABOVE ULSCRIDED POLIC'I ES DE CANCELLED BEFORE THE EXPIRATION L_ ATtn Amber Mund DATE.THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 25 west Main street lO DAYS WRITTEN NOTICE TO TRIG CERTIFICATE HOLDER NAMED TO THE LEFT Auburn WA 98001 USA BUT FAILURU TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ON AGFN7S OR REPRESENTATIVES, Bhr AUTHORIZED REPRESENTATIVE ACORD 1542001/08) Sew ACORD CORPORATION/' RES.B Page 92 of 302 POLICY NUMBER: GL 159-53-12 COMMERCIAL GENERAL LIABILITY VERIZON COMMUNICATIONS INC. CG 20 10 07 04 THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERALLIABILITY COVERAGEPART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply, with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" ordamage" or "personal and advertising injury' property damage"occurring after caused, in whole or in part,by: 1. All work, including materials, parts or equip-1 Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performanceof your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- coveredoperations has been completed or nated above 2. That portion of "your work" out of which the injury or damagearises has been put to Itsin- tended useby any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the sameproject. CG 20 10 07 04 C ISO Properties, Inc. 2004 Page 1 of 1 INSURED'S COPY RES.B Page 93 of 302 ------------------------------ Resolution No. 5018 Public Way Agreement No. 08-03 Amendment No. 2 January 6, 2014 Page 1 of 1 EXHIBIT “B” STATEMENT OF ACCEPTANCE MCI Communications Services, Inc., for itself, its successors and assigns, hereby accepts and agrees to be bound by all terms, conditions and provisions of Amendment No. 2 to PWA 08-03 attached hereto and incorporated herein by this reference. [Grantee] By: Date: Name: Title: STATE OF _______________________) )ss. COUNTY OF ______________________) On this ____ day of _______________, 2014, before me the undersigned, a Notary Public in and for the State of _____________________, duly commissioned and sworn, personally appeared, ______________________ of ________________________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: RES.B Page 94 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5027 Date: January 8, 2014 Department: Public Works Attachments: Resolution No. 5027 Attachment 1: Franchise Amendment Agreement 2002 King County Franchise Agreement (for reference only) Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend that City Council adopt Resolution No. 5027. Background Summary: Resolution No. 5027 authorizes the Mayor to execute an amendment to the sewer franchise agreement between the City of Auburn and King County to operate, maintain, and construct sewer mains, service lines, and appurtenances in, over, along and under County roads. Several areas within the City of Auburn’s sewer service area lie within unincorporated King County. In order to own and maintain sewer lines in the County roads serving those areas, the City must have a franchise agreement with King County. The existing agreement was signed in 2002, and reflected the then current status of the City’s sewer service area and the unincorporated areas contained therein. As part of the 2009 Comprehensive Sewer Plan, the City of Auburn added an additional area, which lies in unincorporated King County, to its sewer service area. Following the approval of the Comprehensive Sewer Plan, the City sought to amend the existing franchise agreement to include that area. As part of that process, the City also updated the legal description of the remaining unincorporated areas to reflect annexations that had occurred since the previous agreement. Additional maps will be provided as read ahead for clarity. This amendment only updates the boundaries within which the agreement is affected. All the other terms of the agreement remain the same as they were. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDRES.C Page 95 of 302 Finance, Public Works Councilmember:Osborne Staff:Elwell Meeting Date:January 21, 2014 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 96 of 302 ---------------------------- Resolution No. 5027 January 3, 2014 Page 1 of 2 RESOLUTION NO. 5027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE SEWER FRANCHISE AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY TO OPERATE, MAINTAIN AND CONSTRUCT SEWER MAINS, SERVICE LINES AND APPURTENANCES IN, OVER, ALONG, AND UNDER COUNTY ROADS. WHEREAS, In 2002, King County granted the City of Auburn a twenty-five year franchise (King County Franchise No. 14458) to operate, maintain and construct sewer mains, service lines and appurtenances in, over, along, and under county roads; and WHEREAS, In September 2010, Auburn submitted a Comprehensive Sewer System Plan update providing for the addition of certain areas to the Auburn service area, and King County Council approved the updated Plan; and WHEREAS, Auburn applied to the King County Council on January 3, 2011 to amend the legal description of its franchise with the county to replace the described franchise service area to be consistent with the new Plan service area; and WHEREAS, The King County Council approved the amendment on December 13, 2013; and WHEREAS, The County’s approval is contingent upon Auburn’s approval of the amendment within 45 days of the County’s execution of the amendment, or by January 27, 2014. WHEREAS, it is in the public interest for the parties to amend the 2002 sewer franchise agreement. RES.C Page 97 of 302 ---------------------------- Resolution No. 5027 January 3, 2014 Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and King County to amend the 2002 sewer franchise between the parties, which amendment shall be in substantial conformity with the amendment attached hereto as Attachment 1 and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Passed this _____ day of _________________, 2014. CITY OF AUBURN _________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney RES.C Page 98 of 302 RE S . C Pa g e 9 9 o f 3 0 2 RE S . C Pa g e 1 0 0 o f 3 0 2 RE S . C Pa g e 1 0 1 o f 3 0 2 RE S . C Pa g e 1 0 2 o f 3 0 2 RE S . C Pa g e 1 0 3 o f 3 0 2 RE S . C Pa g e 1 0 4 o f 3 0 2 RE S . C Pa g e 1 0 5 o f 3 0 2 RE S . C Pa g e 1 0 6 o f 3 0 2 RE S . C Pa g e 1 0 7 o f 3 0 2 RE S . C Pa g e 1 0 8 o f 3 0 2 RES.C Page 109 of 302 RES.C Page 110 of 302 RES.C Page 111 of 302 RES.C Page 112 of 302 RES.C Page 113 of 302 RES.C Page 114 of 302 RES.C Page 115 of 302 RES.C Page 116 of 302 RES.C Page 117 of 302 RES.C Page 118 of 302 RES.C Page 119 of 302 RES.C Page 120 of 302 RES.C Page 121 of 302 RES.C Page 122 of 302 RES.C Page 123 of 302 RES.C Page 124 of 302 RES.C Page 125 of 302 RES.C Page 126 of 302 RES.C Page 127 of 302 RES.C Page 128 of 302 RES.C Page 129 of 302 RES.C Page 130 of 302 RES.C Page 131 of 302 RES.C Page 132 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5038 Date: January 15, 2014 Department: Public Works Attachments: Resolution No. 5038 Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend that City Council adopts Resolution No. 5038. Background Summary: Resolution No. 5038 repeals Resolution No. 4826. In 2012, the City Council passed Resolution No. 4826 for the purpose of reducing speed limits on certain arterial routes within the City in an effort to preserve City streets and provide for traffic safety. Staff recommends repealing Resolution No. 4826 as the reduction in speed limits did not accomplish the level of street preservation desired or significantly add to traffic safety and the Council goals can be better met through alternatives including conventional engineering strategies. Reviewed by Council Committees: Finance, Public Works Councilmember:Osborne Staff:Para Meeting Date:January 21, 2014 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 133 of 302 ---------------------------- Resolution No. 5038 January 14, 2013 Page 1 of 2 RESOLUTION NO. 5 0 3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING RESOLUTION NO. 4826 REGARDING REDUCTION OF SPEEDS ON ARTERIAL STREET ROUTES IN THE CITY WHEREAS, the City of Auburn has been involved in numerous efforts to preserve its streets and provide for safe travel along them; and WHEREAS, among the factors that impact street surfaces and contribute to the safe use of streets are speed limits; and WHEREAS, the City Council endeavored to employ a program of reducing speed limits on certain arterial street routes within the City, in an effort to preserve City streets and provide for traffic safety, and did so through Resolution No. 4826, passed by the City Council on June 4, 2012; and WHEREAS, the City Council recognizes that the effect of reducing speed limits along certain arterial streets within the City did not accomplish the level of street preservation desired, nor did it significantly add to traffic safety; and WHEREAS, it is therefore appropriate to endeavor to reach these goals through other alternatives including conventional engineering strategies. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That Resolution No. 4826, adopted on June 4, 2012, is hereby repealed. RES.D Page 134 of 302 ---------------------------- Resolution No. 5038 January 14, 2013 Page 2 of 2 Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2014. CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney RES.D Page 135 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: November 2013 Financial Report Date: January 13, 2014 Department: Finance Attachments: November 2013 Financial Report Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: The purpose of the monthly financial report is to summarize for the City Council the general state of Citywide financial affairs and to highlight significant items or trends that the City Council should be aware of. The following provides a high level summary of the City’s financial performance. Further detail can be found within the attached financial report. The November status report is based on financial data available as of December 17, 2013 for the period ending November 30, 2013. Sales tax information represents business activity that occurred in September 2013. General Fund: The General Fund is the City’s largest fund and is used to account for the majority of City resources and services except those required by statute or to be accounted for in another fund. Through November 2013, General Fund revenues totaled $50.9 million and were sufficient to support total General Fund expenditures of $48.3 million. Overall, General Fund revenues exceed budget by $2.1 million, and exceeded collections for the same period last year by $1.2 million. The increase in revenues is due to several factors, primarily changes to the property tax revenue distribution noted as follows: 1) 100% of the property tax revenue is receipting into the General Fund which provides a $2 M increase in this revenue to this fund; and 2) The City was limited in the 2013 levy and levied $500k less than the previous year. The net is an approximate increase of $1.5 M to the General Fund. Per the 2013-2014 budget, Local Street Fund street repairs are funded from sales taxes on construction; previously these repairs were AUBURN * MORE THAN YOU IMAGINEDDI.A Page 136 of 302 funded with property taxes. Other significant factors contributing to the improvement in General Fund revenues over the previous year include City utility taxes (up $503,000) and building permit revenues (up $427,000). Total building permit revenues collected through November totals $2.0 million and compares to budget of $1.8 million. Year to date building permits issued through November totaled 839, and compares to 840 during the same period last year. In the downtown core, ground-breaking started in December for the Trek building located across the street from the City Hall Annex building. This will be a six story mixed use building with retail shopping and residential living. General Fund expenditures totaled $48.3 million and compares to $48.0 million for the same period last year, and year to date budget of $51.3 million. During the month of November, 368 pet licenses were sold (as compared to 603 in 2012) resulting in $10,425 in revenue. Year-to-date, 4,696 licenses have been sold (compared to 6,267 in 2012) bringing in a total of $143,275. Enterprise Funds: The City’s eight enterprise funds account for operations with revenues primarily provided from user fees, charges or contracts for services. At the end of November, the Water fund’s net operating income decreased to $716,600 (as compared to income of $1,105,100 in the previous year) reflecting purchased water payments to Tacoma Public Utilities. The Sewer fund ended with a $544,500 operating loss (compared to an operating loss of $1,024,700 the previous year, excluding Metro); the Sewer-Metro Utility ended the period with operating income of $166,100; and the Stormwater Utility ended with operating income of $925,300 (as compared to an operating loss of $393,000 the previous year). The Golf Course ended the period with an operating loss of $216,300 compared to an operating loss of $271,700 for the same period last year and reflects an improvement in the year-to-date rounds played at the Golf Course (46,461 compared to 44,832 for the same period last year). The number of rounds played in November improved as a result of drier weather conditions (3.8 inches of rain as compared to 8.28 inches the previous year). The Cemetery ended November with net operating income of $50,700 compared to an operating loss of $125,100 for the previous year, reflecting an increase in operating revenue and a decrease in salaries/benefits expenditures. Internal Service Funds: Internal Service Funds provide services to other City departments and include functions such as Insurance, Facilities, Innovation and Technology, and Equipment Rental. All AUBURN * MORE THAN YOU IMAGINEDDI.A Page 137 of 302 funds have sufficient revenues to cover year-to-date expenditures. Investment Portfolio: The City’s total cash and investments at the end of November was $111.3 million and are comparable to the month prior. Reviewed by Council Committees: Finance, Public Works Councilmember:Wales Staff:Coleman Meeting Date:January 21, 2014 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 138 of 302 Monthly Financial Report November 2013 General Fund 2012 Summary of Sources and Uses Annual BudgetYTD BudgetYTD ActualYTD ActualAmount Operating Revenues Property Tax 14,299,41714,195,11714,336,60112,810,965 141,4841.0 % Sales Tax 11,695,30910,646,50911,411,46411,842,788764,9557.2 % Sales Tax - Annexation Credit 1,397,6021,273,7001,547,8031,398,456274,10321.5 % Criminal Justice Sales Tax 1,225,0591,123,6591,386,9931,281,874263,33423.4 % Brokered Natural Gas Tax 301,500 281,700 253,115 283,452(28,585)(10.1)% City Utilities Tax 2,991,9332,716,7003,054,7312,551,985338,03112.4 % Admissions Tax 363,609 362,500 324,862 343,736(37,638)(10.4)% Electric Tax 3,340,5003,340,5003,297,9763,151,923(42,524)(1.3)% Natural Gas Tax 1,201,9001,201,9001,037,3151,113,400(164,585)(13.7)% Cable TV Franchise Fee 808,000 808,000 854,447 812,228 46,4475.7 % Cable TV Franchise Fee - Capital 62,000 62,000 62,701 62,871 7011.1 % Telephone Tax 2,032,5741,860,7001,655,5901,786,503(205,110)(11.0)% Garbage Tax (external)151,504 142,900 92,247 103,946(50,653)(35.4)% Leasehold Excise Tax 50,501 33,300 27,942 28,792 (5,358)(16.1)% Gambling Excise Tax 247,965 245,600 255,310 257,902 9,710 4.0 % Taxes sub-total 40,169,37338,294,78539,599,09637,830,8231,304,3113.4 % Business License Fees 202,005 122,500 137,489 139,631 14,98912.2 % Building Permits 1,899,9661,760,4001,986,9721,560,010226,57212.9 % Other Licenses & Permits 454,413 415,313 643,793 374,993228,48055.0 % Intergovernmental (Grants, etc.) - (1)4,661,7844,285,4464,363,9975,252,011 78,5511.8 % Charges for Services: General Government Services 94,467 82,900 100,660 104,087 17,76021.4 % Public Safety 17,300 16,500 20,667 205,378 4,16725.3 % Development Services Fees 963,458 918,6001,063,1901,202,763144,59015.7 % Culture and Recreation 809,717 760,400 826,665 822,299 66,2658.7 % Fines and Forfeits 1,556,500 1,421,100 1,303,417 1,405,019 (117,683)(8.3)% Fees/Charges/Fines sub-total 10,659,6109,783,15910,446,85111,066,191663,6926.8 % Interests and Other Earnings 64,900 57,000 42,693 73,162 (14,307)(25.1)% Rents, Leases and Concessions 308,000 251,800 272,967 272,284 21,1678.4 % Contributions and Donations 41,000 37,100 57,881 47,264 20,78156.0 % Other Miscellaneous 92,200 83,900 80,626 111,716 (3,274)(3.9)% Transfers In 267,000 267,000 193,548 17,000(73,452)(27.5)% Insurance Recoveries - Capital & Operating 25,000 21,618 161,796 235,095 140,178 648.4 % Other Revenues sub-total 798,100718,418809,510756,52191,09212.7 % Total Operating Revenues 51,627,08348,796,36250,855,45749,653,5352,059,0954.2 % Operating Expenditures Council & Mayor 1,020,763 935,699 927,660 815,315 8,0400.9 % Municipal Court & Probation 682,424 650,690 565,1012,977,402 85,58913.2 % Human Resources 1,608,8001,449,7001,279,009 774,031 170,69111.8 % Finance 1,315,3441,191,7441,047,8561,029,264143,88812.1 % City Attorney 1,836,3461,675,9461,685,5861,484,753 (9,640)(0.6)% Planning 4,007,2153,673,2803,489,4213,404,752183,8605.0 % Community & Human Services 1,272,5801,179,880 834,301 872,283345,57929.3 % Jail - SCORE 7,046,4196,620,3826,623,0833,019,159 (2,701)(0.0)% Police 20,136,99718,294,29717,612,21516,617,637682,0823.7 % Engineering 2,836,4402,560,0402,476,7172,286,305 83,3233.3 % Parks and Recreation 8,138,5647,496,5007,524,0646,744,736(27,564)(0.4)% Streets 3,273,3532,837,9002,566,3782,573,564271,5229.6 % Non-Departmental 2,962,7682,735,8711,706,7285,408,8941,029,14337.6 % Total Operating Expenditures 56,138,01451,301,92948,338,11948,008,0932,963,8105.8 % 2013 2013 YTD Budget vs. Actual Favorable (Unfavorable) Percentage (1) Streamlined Sales Tax mitigation payments represent intergovernmental revenues from the State of Washington and are presented above in the Intergovernmental Revenue category. For the first eleven months of 2013, $1,785,508 in Streamlined Sales Tax mitigation payments is included and is based upon the actual and anticipated 2013 Streamlined Sales Tax mitigation payments of $2,000,000. This is reconciled at the end of each quarter and is based upon actual distributions from the State. 1DI.A Page 139 of 302 Monthly Financial Report November 2013 Overview This financial overview reflects the City’s overall financial position for the fiscal period ending November 30, 2013 and represents financial data available as of December 17, 2013. The budgeted year to date revenues and operating expenditures are primarily based on collection/disbursement average for the same period of the two years prior. General Fund revenues totals $50.9 million as of the end of November 2013 and compares to previous year to date collections of $49.7 million and budget of $48.8 million. Year to date improvement in General Fund revenue performance is primarily due to continued strength in sales tax revenues, increased City utility tax revenues, and increased revenues from development activity. General Fund expenditures totals $48.3 million as of the end of November 2013 and compares to previous year to date expenditures of $48.0 million and budget of $51.3 million. Department spending is within budget and expectations, with the majority of under-expenditures due to timing of expenditures and salary savings from current and earlier vacancies. $0.0 $10.0 $20.0 $30.0 $40.0 $50.0 $60.0 Revenues Expenditures Mi l l i o n s General Fund Revenues vs. Expenditures 2013 Actual 2013 Budget 2DI.A Page 140 of 302 Monthly Financial Report November 2013 Revenues The combined total of property tax, sales/use tax, utility tax, gambling, and admissions tax provide approximately 80% of all resources supporting general governmental activities. The following section provides additional information on these sources. Property Tax collections to date totals $14.3 million and compares to collections of $14.8 million for the same period the previous year, after adjusting for transfers to the Local Street Fund (SOS) program 1 . The majority of property tax revenues are collected during the months of April and October, coinciding with the due date for the County property tax billings. $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 JanFebMarAprMayJunJulAugSepOctNovDec Mi l l i o n s Property Taxes 2013 budget 2013 actual to date 2012 actual * Per 2013-2014 budget, Local Street Fund (Fund 103) street repairs are funded from sales taxes on construction. 1 In 2012, property taxes for the same period totaled $14,810,965. Of this amount, $12,810,965 was distributed to the General Fund and $2,000,000 was distributed to the Local Street Fund (Fund 103). 3DI.A Page 141 of 302 Monthly Financial Report November 2013 Sales tax distributions Citywide totaled $13.1 million of which $11.4 million was distributed to the General Fund and $1.7 million to the Local Street Fund (SOS) program.* $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 JanFebMarAprMayJunJulAugSepOctNovDec Mi l l i o n s Sales & Use Tax (Net of Revenue from Construction) 2013 budget 2013 actual to date 2012 actual * Per 2013-2014 budget, Local Street Fund (Fund 103) street repairs are funded from sales taxes on construction. Total transferred year to date through November: $1,719,312. The graphic above presents sales taxes under the current policy. The following table breaks out the City’s base sales tax, excluding Criminal Justice, Annexation Credit and Streamlined Sales Tax Mitigation by major business sectors. Note: 2012 actuals for the Manufacturing sector include an adjustment of -$74,000 by the State Department of Revenue as a result of an audit. 20122013 Component GroupActualActualAmount Construction 1,062,0161,719,312657,29661.9 % Manufacturing 364,442574,442210,00057.6 % Transportation & Warehousing54,70642,264(12,442)(22.7)% Wholesale Trade 1,196,4861,178,715(17,771)(1.5)% Automotive 2,777,3262,907,391130,0654.7 % Retail Trade 3,613,9493,848,484234,5366.5 % Services 2,719,4232,793,22473,8012.7 % Miscellaneous 57,33560,0702,7354.8 % YTD Total 11,845,68213,123,9021,278,22010.8 % Change from 2012 November-2013 Comparison of Sales Tax Collections by SIC Group Percentage 4DI.A Page 142 of 302 Monthly Financial Report November 2013 As shown on the prior page, the areas showing the largest amount of increase in revenues compared to 2012 are in the construction trade and the retail trade categories. These changes reflect the increased level of construction activity within the City as well as improvement in general economic conditions and consumer spending. In general, consumer spending accounts for approximately two-thirds of economic activity. Year to date sales tax revenue on construction, which is transferred to the Local Street Fund (Fund 103) for local street repair and maintenance, totals $1,719,000 and exceeds budget by $404,000, reflecting increased commercial and residential construction activity throughout the City. $0.0 $0.2 $0.4 $0.6 $0.8 $1.0 $1.2 $1.4 $1.6 $1.8 $2.0 JanFebMarAprMayJunJulAugSepOctNovDec Mi l l i o n s Sales Tax on Construction Transfer 2013 budget 2013 actual to date 5DI.A Page 143 of 302 Monthly Financial Report November 2013 Utility Taxes consists of City interfund utility taxes (Water, Sewer, Storm and Solid Waste) and external utility taxes (Electric, Natural Gas, Telephone and Solid Waste). Utility tax collections through November were $9.1 million and compares to $8.7 million collected the same period last year. $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 JanFebMarAprMayJunJulAugSepOctNovDec Mi l l i o n s Utility Tax 2013 budget 2013 actual to date 2012 actual As shown in the table below, increased collections from City interfund utilities partially offset lower than expected collections from private utility providers. A mild winter has reduced consumer heating demands and resulted in a decline in electric and natural gas revenue collections. Earlier this year, the Washington Utilities and Transportation Commission approved a rate decrease for natural gas - which reduced the residential rates by approximately 7% and commercial rates by approximately 10%. This rate decrease was a result of an abundant domestic supply of natural gas. Telephone utility tax revenues are under budget by $205,000 year to date, reflecting the rapid change in this industry as more individuals move from traditional land lines to cellular and internet-based phone services. 201220132013 Month ActualBudgetActualAmount Amount City Interfund Utility Taxes2,551,9852,716,7003,054,731502,746 19.7 %338,031 12.4 % Electric 3,151,9233,340,5003,297,976146,053 4.6 %(42,524)(1.3)% Natural Gas 1,113,4001,201,9001,037,315(76,085)(6.8)%(164,585)(13.7)% Telephone 1,786,5031,860,7001,655,590(130,913)(7.3)%(205,110)(11.0)% Solid Waste (external)103,946142,90092,247(11,698)(11.3)%(50,653)(35.4)% YTD Total 8,707,7579,262,7009,137,859430,102 4.9 %(124,841)(1.3)% November-2013 Utility Tax by Type 2013 vs. 2012 Actual2013 vs. Budget P ercentage Percentage 6DI.A Page 144 of 302 Monthly Financial Report November 2013 Cable TV Franchise Fees, which are collected quarterly, totals $855,000 and exceeds budget by $46,000 or 5.7%. $0 $100 $200 $300 $400 $500 $600 $700 $800 $900 1st Quarter2nd Quarter3rd Quarter4th Quarter Th o u s a n d s Cable TV Franchise Fee 2013 budget 2013 actual to date 2012 actual Licenses and Permits include business licenses, building permits, plumbing, electric and other licenses and permit fees. Building permit fees and business licenses make up 80% of the annual budgeted revenue in this category. Total building permit revenues collected through November totals $2.0 million and compares to budget of $1.8 million. Year to date building permits issued through November totals 839, and compares to 840 during the same period last year. Major projects contributing to revenues this year include the Auburn High School Modernization project, the remodel of The Outlet Collection – Seattle, various projects at Boeing, the Franciscan Medical Pavilion, the Walter E. Nelson Building (janitorial supply distributor) as well as several housing developments including The Ridge at Bowman Creek, Auburn 40 PUD, Lakeland East, and Kendall Ridge. 7DI.A Page 145 of 302 Monthly Financial Report November 2013 $0.0 $0.2 $0.4 $0.6 $0.8 $1.0 $1.2 $1.4 $1.6 $1.8 $2.0 $2.2 JanFebMarAprMayJunJulAugSepOctNovDec Mi l l i o n s Building Permits 2013 budget 2013 actual to date 2012 actual Business License revenues collected to date totals $137,000 and is on target with budget. The graphic below reflects the timing of payments by business owners, where the majority of business license payments are collected during the first two months of the year and the last month of the year. $0 $20 $40 $60 $80 $100 $120 $140 $160 $180 $200 $220 $240 JanFebMarAprMayJunJulAugSepOctNovDec Th o u s a n d s Business Licenses 2013 budget 2013 actual to date 2012 actual 8DI.A Page 146 of 302 Monthly Financial Report November 2013 Intergovernmental includes Grants (Direct & Indirect Federal, State and Local), state shared revenues and compact revenue from the Muckleshoot Indian Tribe (MIT). Collections to date total $4.4 million and are on target with year to date expectations State shared revenue includes actual and anticipated Streamlined Sales Tax mitigation payments in the amount of $1,785,508 through November. 201220132013 Revenue ActualBudgetActualAmount Amount Federal Grants 607,50239,60083,124(524,377)(86.3)%43,524 109.9% State Grants 124,457136,200145,17420,716 16.6 %8,974 6.6% Interlocal Grants 15,04930,40075,48660,437 401.6 %45,086 148.3% State Shared Revenue3,774,5293,506,2463,465,086(309,444)(8.2)%(41,160)(1.2)% Muckleshoot Casino Emerg.711,063565,000564,895(146,168)(20.6)%(105)(0.0)% Intergovernmental Service19,4118,00030,23210,822 55.8 %22,232 277.9% YTD Total 5,252,0114,285,4464,363,997(888,014)(16.9)%78,551 1.8% November-2013 Intergovernmental 2013 vs. 2012 Actual2013 vs. Budget % Change % Change Charges for Services consists of general governmental services, public safety, development service fees and cultural & recreation fees. Development service fees and culture and recreation fees make up over 85% of the revenue within this category. Development service fee collections through November, which primarily consist of plan check fees, exceed budget by $145,000 to date. Plan check fees collected in November totaled $78,000 and included projects at Boeing, permits for the Kendall Ridge and Edgeview subdivisions, as well as numerous other projects. The year over year decline in development service fees reflect plan check fees for the Auburn High School Modernization and the Boeing re-roofing projects both of which were received in 2012. Culture and recreation revenues are $66,000 higher than budget; reflecting increased activity from recreational classes and City special events. The year over year decline in Public Safety charges reflect the elimination of Adult Probation revenue (these revenues are retained by King County under the City-King County District Court contract). 201220132013 Revenue ActualBudgetActualAmount Amount General Government104,08782,900100,660(3,427)(3.3)%17,76021.4 % Public Safety 205,37816,50020,667(184,710)(89.9)%4,16725.3 % Development Services1,202,763918,6001,063,190(139,573)(11.6)%144,59015.7 % Culture & Recreation822,299760,400826,6654,366 0.5 %66,2658.7 % YTD Total 2,334,5271,778,4002,011,183(323,345)(13.9)%232,78313.1 % November-2013 Charges for Services by Type 2013 vs. 2012 Actual2013 vs. Budget Percentage Percentage 9DI.A Page 147 of 302 Monthly Financial Report November 2013 Note: August 2012 collections include plan check fees related to the Boeing re-roofing project as well as fees paid by the Auburn School District for the Auburn High School modernization and reconstruction project. [Source: August 2012 monthly financial report] $0.0 $0.2 $0.4 $0.6 $0.8 $1.0 $1.2 $1.4 JanFebMarAprMayJunJulAugSepOctNovDec Mi l l i o n s Development Service Fees 2013 budget 2013 actual to date 2012 actual $0 $100 $200 $300 $400 $500 $600 $700 $800 $900 $1,000 JanFebMarAprMayJunJulAugSepOctNovDec Th o u s a n d s Culture & Recreation 2013 budget 2013 actual to date 2012 actual 10DI.A Page 148 of 302 Monthly Financial Report November 2013 Fines & Penalties include traffic and parking infraction penalties, Redflex photo enforcement violations, criminal fines (including criminal traffic, criminal non traffic and criminal costs) as well as non court fines such as false alarm and shopping cart fines. Total revenue to date is $1.3 million and compares to budget of $1.4 million. Civil Infraction Penalties include traffic infractions and other non-parking infractions. The majority of the revenues collected in this category relate to traffic infractions. Year to date through November, a total of $410,000 has been collected for traffic infractions, compared to $514,000 for the same period last year. 201220132013 Month ActualBudgetActualAmount Amount Civil Penalties 14,31712,60017,4383,121 21.8 %4,838 38.4 % Civil Infraction Penalties 518,897588,100414,786(104,110)(20.1)%(173,314)(29.5)% Redflex Photo Enforcement546,254460,700541,504(4,750)(0.9)%80,804 17.5 % Parking Infractions 96,478155,900109,86413,387 13.9 %(46,036)(29.5)% Criminal Traffic Misdemeanor79,69475,10052,788(26,906)(33.8)%(22,312)(29.7)% Criminal Non-Traffic Fines 75,91482,00054,462(21,451)(28.3)%(27,538)(33.6)% Criminal Costs 14,17812,10027,83113,653 96.3 %15,731 130.0 % Non-Court Fines & Penalties 59,28834,60084,74425,456 42.9 %50,144 144.9 % YTD Total 1,405,0191,421,1001,303,417(101,602)(7.2)%(117,683)(8.3)% November-2013 Fines & Forfeits by Type 2013 vs. 2012 Actual2013 vs. Budget Percentage Percentage $0.0 $0.2 $0.4 $0.6 $0.8 $1.0 $1.2 $1.4 $1.6 $1.8 JanFebMarAprMayJunJulAugSepOctNovDec Mi l l i o n s Fines & Penalties 2013 budget 2013 actual to date 2012 actual 11DI.A Page 149 of 302 Monthly Financial Report November 2013 aneous income. otal revenue collected to date is $454,000 compared to budget of $430,000. .0 cre Sonata Hill as well as other commercial properties and numerous single family omes. Miscellaneous revenues primarily consist of income from facility rentals; other sources within this category include investment earnings, contributions & donations and other miscell $0 $100 $200 $300 $400 $500 $600 $700 JanFebMarAprMayJunJulAugSepOctNovDec Th o u s a n d s Redflex Photo Enforcement 2013 budget 2013 actual to date 2012 actual T 201220132013 Month ActualBudgetActualAmount Amount Interest & Investments 73,16257,00042,693(30,469)(41.6)%(14,307)(25.1)% Rents & Leases 272,284251,800272,9676820.3 %21,1678.4 % Contributions & Donations47,26437,10057,88110,61722.5 %20,78156.0 % Other Miscellaneous Revenue111,71683,90080,626(31,090)(27.8)%(3,274)(3.9)% YTD Total 504,426429,800454,166(50,260)(10.0)%24,3665.7 % Miscellaneous Revenues by Type November-2013 2013 vs. 20122013 vs. Budget Percentage Percentage Real Estate Excise Tax (REET) revenue is receipted into the Capital Improvement Projects Fund and is used for governmental capital projects. Total revenue at the end of November was $2 million and exceeds budget and prior year actuals by $743,000 and $438,000 respectively, reflecting a robust local and regional real estate market. As shown in the table below, REET revenues collected in November totals $288,000 and includes revenues from several large property sales including the sale of the HSCA Laundry Facility on M street, the sale of a 10 a property on h 12DI.A Page 150 of 302 Monthly Financial Report November 2013 c above was due in part to the sale of e Auburn Regional Medical Center to Multicare. 201220132013 MonthActualBudgetActualAmount Amount Jan 61,44271,106113,61552,17284.9%42,50959.8% Feb 155,94885,002107,485(48,464)(31.1)%22,48326.5% Mar 136,790159,420143,1986,4084.7%(16,222)(10.2)% Apr 73,07872,572124,44551,36770.3%51,87371.5% May 92,568124,286162,75070,18375.8%38,46430.9% Jun 96,29299,944177,38081,08784.2%77,43577.5% Jul 152,249177,428267,976115,72876.0%90,54851.0% Aug 119,92490,202200,62780,70267.3%110,425122.4% Sep 112,40775,348183,50771,10063.3%108,158143.5% Oct 482,981219,270261,388(221,593)(45.9)%42,11819.2% Nov 108,095112,080287,776179,680166.2%175,695156.8% Dec 174,868113,340 0.0 0.0 YTD Total1,591,7741,286,6602,030,146438,37227.5%743,48657.8% Real Estate Excise Tax Revenues November-2013 Percentage Percentage 2013 vs. 20122013 vs. Budget $0.0 $0.2 $0.4 $0.6 $0.8 $1.0 $1.2 $1.4 $1.6 $1.8 $2.0 $2.2 $2.4 JanFebMarAprMayJunJulAugSepOctNovDec Mi l l i o n s Real Estate Excise Tax 2013 budget 2013 actual to date 2012 actual Note: October 2012 revenue increase reflected in the graphi th 13DI.A Page 151 of 302 Monthly Financial Report November 2013 Year-to-date revenues total $143,275, surpassing the 2013 budget goal of $96,000. During the same month in 2012, 603 licenses were sold, resulting in $16,890 in revenue to King County. Year-to-Date Licenses 2013 (through November) = 4,696 Year-to-Date Licenses 2012 (through November) = 6,267 as reported by King County Pet Licensing During the month of November, 368 pet licenses were sold resulting in $10,425 in revenue. 0 100 200 300 400 500 600 700 800 900 1000 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Nu m b e r o f L i c e n s e s S o l d Month Pet License Sales By Month 2013 vs 2012 2013 Licenses Sold 2012 Licenses Sold 2013 Budget Goal: $ 96,000 or more 2014 Budget Goal: $240,000 or more Year-to-Date Revenue 2013 (through November) = $143,275 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Li c e n s e R e v e n u e Month Pet Licensing Revenue By Month 2013 2013 License Revenue 14DI.A Page 152 of 302 Monthly Financial Report November 2013 Enterprise Funds nterprise and Internal Service funds can be found in the Appendix at the end of this Report. arily reflecting the effects of the cost of purchased water through Tacoma Public tilities. tro fund). he Sewer-Metro Utility ended November with net operating income of $166,100. 0 2,000 4,000 6,000 8,000 10,000 12,000 $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Nu m b e r o f L i c e n s e s S o l d Li c e n s e R e v e n u e Month Cumulative Pet Licensing Revenue & Sales 2013 vs 2012 2013 License Revenue (L) 2013 License Revenue (Budget Goal: $96,000) 2013 Licenses Sold (R) 2012 Licenses Sold (R) The detailed Working Capital and Fund Balance statements for E The Water Utility’s net operating income decreased from $1,105,100 in 2012 to $716,600 in 2013, prim U The Sewer Utility ended the period with a $544,500 net operating loss and compares to a $1,024,700 net loss for the same period in 2012 (excluding Metro wastewater treatment revenues and expenditures, which are now being tracked separately in the Sewer-Me $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 JanFebMarAprMayJunJulAugSepOctNovDec Th o u s a n d s Water Revenues vs Water Sold 2013 vs 2012 2012 Water Sales ($) 2013 Water Sales ($) 2012 Water Sold (ccf) 2013 Water Sold (ccf) T 15DI.A Page 153 of 302 Monthly Financial Report November 2013 The Stormwater Utility ended the period with $925,300 in net operating income which compares to an operating loss of $393,000 for the same period last year. net operating loss of $216,300 compared to a loss of $271,700 for the same period last year. The number of rounds played at the Auburn Golf Course (AGC) in November totaled 1,921 as compared to 1,546 for the same period last year, reflecting a much dryer month than in 2012, and helped to improve year-to-date rounds to 46,461 versus 44,832 rounds in 2012. The AGC ended November with a $0 $50 $100 $150 $200 $250 $300 JanFebMarAprMayJunJulAugSepOctNovDec Th o u s a n d s Golf Course Operating Revenues & Expenditures By Month 2013 vs 2012 2013 Bud. Revenue 2013 Act. Revenue 2012 Act. Revenue 2013 Act. Expenses $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 JanFebMarAprMayJunJulAugSepOctNovDec Th o u s a n d s Cumulative Golf Course Revenues & Expenditures 2013 vs 2012 2013 Bud. Revenue 2013 Act. Revenue 2012 Act. Revenue 2013 Act. Expenses 16DI.A Page 154 of 302 Monthly Financial Report November 2013 ompares to 27 (13 burials, 4 cremations) for the same period last year. Year-to-date interments total 204 (97 burials, 107 cremations) compared to 235 (103 burials, 132 cremations) in 2012. The Cemetery Fund ended November with operating income of $50,700 compared to a $125,100 net operating loss for the same period last year which reflects a decline in Cemetery operating expenditures and an increase in operating revenue. In November, the number of interments at the Cemetery totaled 15 (9 burials, 6 cremations) which c 1 $0 $20 $40 $60 $80 $100 $120 $140 JanFebMarAprMayJunJulAugSepOctNovDec Th o u s a n d s Cemetery Operating Revenues & Expenditures By Month 2013 vs 2012 2013 Bud. Revenue 2013 Act. Revenue 2012 Act. Revenue 2013 Act. Expenses $0 $100 $200 $300 $400 $500 $600 $700 $800 $900 $1,000 JanFebMarAprMayJunJulAugSepOctNovDec Th o u s a n d s Cumulative Cemetery Revenues & Expenditures 2013 vs 2012 2013 Bud. Revenue 2013 Act. Revenue 2012 Act. Revenue 2013 Act. Expenses 17DI.A Page 155 of 302 Monthly Financial Report November 2013 Internal Service Funds Operating expenditures within the Insurance Fund represents the premium cost-pool that will be allocated monthly to other City funds over the course of 2013. As a result, this balance will gradually diminish each month throughout the year. No significant variances are reported in the Facilities, Innovation & Technology, or Equipment Rental Funds. All funds have sufficient revenues to cover year-to-date expenditures. Contact Information This report is prepared by the Finance Department. Additional financial information can also be viewed at our website: http://www.auburnwa.gov/. For any questions about the report please contact us at mchaw@auburnwa.gov or scoleman@auburnwa.gov. 18DI.A Page 156 of 302 Investment Purchase Purchase Maturity Yield to Type Date Price Date Maturity State Investment Pool Various 97,381,629$ Various 0.12% KeyBank Money Market Various 9,670,029 Various 0.15% US Treasury 05/04/1990 57,750 05/15/2016 5.72% FFCB 4/11/2013 3,000,000 4/11/2016 0.43% FNMA 9/6/2013 1,000,000 9/6/2016 1.00% LAKUTL 9/25/2013 235,919 11/1/2017 1.90% Total Cash & Investments 111,345,327$ 0.142% Investment Mix % of Total State Investment Pool 87.5%Current 6-month treasury rate 0.10% KeyBank Money Market 8.7%Current State Pool rate 0.12% US Treasury 0.1%KeyBank Money Market 0.15% FFCB 2.7%Blended Auburn rate 0.14% FHLMC 0.0% FNMA 0.9% LAKUTL 0.2% 100.0% City of Auburn Investment Portfolio Summary November 30, 2013 Summary 19DI.A Page 157 of 302 SALES TAX SUMMARY NOVEMBER 2013 SALES TAX DISTRIBUTIONS (FOR SEPTEMBER 2013 RETAIL ACTIVITY) 2012 Annual Total 2012 YTD 2013 YTD YTD 2012 Annual Total 2012 YTD 2013 YTD YTD NAICS CONSTRUCTION (Nov '11-Oct '12)(Nov '11 - Sep '12)(Nov '12 - Sep '13)% Diff NAICS AUTOMOTIVE (Nov '11-Oct '12)(Nov '11 - Sep '12)(Nov '12 - Sep '13)% Diff 236 Construction of Buildings 483,409 412,439 848,954 105.8%441 Motor Vehicle and Parts Dealer 2,795,164 2,571,637 2,690,321 4.6% 237 Heavy and Civil Construction 114,823 102,863 124,554 21.1%447 Gasoline Stations 223,463 205,688 217,070 5.5% 238 Specialty Trade Contractors 622,980 546,713 745,805 36.4%TOTAL AUTOMOTIVE 3,018,627 2,777,326 2,907,391 4.7% TOTAL CONSTRUCTION 1,221,212 1,062,016 1,719,312 61.9%Overall Change from Previous Year 130,065 Overall Change from Previous Year 657,296 2012 Annual Total 2012 YTD 2013 YTD YTD 2012 Annual Total 2012 YTD 2013 YTD YTD NAICS RETAIL TRADE (Nov '11-Oct '12)(Nov '11 - Sep '12)(Nov '12 - Sep '13)% Diff NAICS MANUFACTURING (Nov '11-Oct '12)(Nov '11 - Sep '12)(Nov '12 - Sep '13)% Diff 442 Furniture and Home Furnishings 226,309 206,024 215,823 4.8% 311 Food Manufacturing 2,932 2,849 1,718 -39.7%443 Electronics and Appliances 145,391 135,722 150,056 10.6% 312 Beverage and Tobacco Products 5,855 5,300 6,973 31.6%444 Building Material and Garden 425,494 393,428 415,713 5.7% 313 Textile Mills 570 99 234 135.7%445 Food and Beverage Stores 341,379 311,666 304,582 -2.3% 314 Textile Product Mills 4,457 4,270 3,401 -20.3%446 Health and Personal Care Store 148,812 138,000 159,727 15.7% 315 Apparel Manufacturing 218 214 278 29.9%448 Clothing and Accessories 772,153 710,605 806,098 13.4% 316 Leather and Allied Products 59 59 10 -83.6%451 Sporting Goods, Hobby, Books 120,507 112,882 109,812 -2.7% 321 Wood Product Manufacturing 31,417 27,125 67,452 148.7%452 General Merchandise Stores 967,039 896,185 896,451 0.0% 322 Paper Manufacturing 3,944 3,556 3,206 -9.8%453 Miscellaneous Store Retailers 508,326 462,778 502,812 8.7% 323 Printing and Related Support 28,275 25,904 23,334 -9.9%454 Nonstore Retailers 268,503 246,658 287,412 16.5% 324 Petroleum and Coal Products 10,532 9,431 8,910 -5.5%TOTAL RETAIL TRADE 3,923,913 3,613,949 3,848,484 6.5% 325 Chemical Manufacturing 8,089 7,126 8,345 17.1%Overall Change from Previous Year 234,536 326 Plastics and Rubber Products 9,469 8,674 8,650 -0.3% 327 Nonmetallic Mineral Products 17,324 15,818 18,878 19.3% 331 Primary Metal Manufacturing 1,766 1,766 717 -59.4%2012 Annual Total 2012 YTD 2013 YTD YTD 332 Fabricated Metal Product Manuf 24,965 21,718 11,058 d -49.1%NAICS SERVICES (Nov '11-Oct '12)(Nov '11 - Sep '12)(Nov '12 - Sep '13)% Diff 333 Machinery Manufacturing 12,890 11,859 23,951 102.0%51*Information 396,353 360,237 404,011 12.2% 334 Computer and Electronic Produc 10,260 8,569 12,664 47.8%52*Finance and Insurance 53,291 47,067 b 84,379 79.3% 335 Electric Equipment, Appliances 426 358 1,164 224.9%53*Real Estate, Rental, Leasing 326,259 280,971 254,613 -9.4% 336 Transportation Equipment Man 187,175 169,255 a 323,529 91.1%541 Professional, Scientific, Tech 173,274 158,654 168,992 6.5% 337 Furniture and Related Products 18,721 17,310 22,698 31.1%551 Company Management 16 16 76 381.6% 339 Miscellaneous Manufacturing 25,368 23,182 27,272 17.6%56*Admin. Supp., Remed Svcs 334,354 314,662 307,511 -2.3% TOTAL MANUFACTURING 404,712 364,442 574,442 57.6%611 Educational Services 53,672 50,501 47,328 -6.3% Overall Change from Previous Year 210,000 62*Health Care Social Assistance 114,833 28,238 31,395 11.2% 71*Arts and Entertainment 153,417 147,906 142,973 -3.3% 72*Accomodation and Food Svcs 920,556 841,986 892,334 6.0% 2012 Annual Total 2012 YTD 2013 YTD YTD 81*Other Services 388,279 358,095 359,525 0.4% NAICS TRANSPORTATION AND WAREHOUSING (Nov '11-Oct '12)(Nov '11 - Sep '12)(Nov '12 - Sep '13)% Diff 92*Public Administration 142,188 131,090 100,087 -23.7% 481 Air Transportation 0 0 0 N/A TOTAL SERVICES 3,056,492 2,719,423 2,793,224 2.7% 482 Rail Transportation 19,182 18,873 9,115 -51.7%Overall Change from Previous Year 73,801 484 Truck Transportation 10,245 12,288 (3,794)c -130.9% 485 Transit and Ground Passengers 268 268 93 -65.3% 488 Transportation Support 18,841 17,247 25,569 48.3%2012 Annual Total 2012 YTD 2013 YTD YTD 491 Postal Service 470 401 795 98.2%NAICS MISCELLANEOUS (Nov '11-Oct '12)(Nov '11 - Sep '12)(Nov '12 - Sep '13)% Diff 492 Couriers and Messengers 568 568 1,272 123.8%000 Unknown 1 1 0 -100.0% 493 Warehousing and Storage 5,376 5,060 9,214 82.1%111-115 Agriculture, Forestry, Fishing 2,868 2,761 4,278 55.0% TOTAL TRANSPORTATION 54,952 54,706 42,264 -22.7%211-221 Mining & Utilities 30,229 28,865 21,407 -25.8% Overall Change from Previous Year (12,442)999 Unclassifiable Establishments 27,601 25,709 34,386 33.8% TOTAL SERVICES 60,699 57,335 60,070 4.8% Overall Change from Previous Year 2,735 2012 Annual Total 2012 YTD 2013 YTD YTD NAICS WHOLESALE TRADE (Nov '11-Oct '12)(Nov '11 - Sep '12)(Nov '12 - Sep '13)% Diff 423 Wholesale Trade, Durable Goods 1,137,932 1,052,070 1,024,683 -2.6%GRAND TOTAL 13,037,326 11,845,682 13,123,902 424 Wholesale Trade, Nondurable 153,721 139,610 149,766 7.3%Overall Change from Previous Year 1,278,220 10.8% 425 Wholesale Electronic Markets 5,065 4,806 4,266 -11.2% TOTAL WHOLESALE 1,296,718 1,196,486 1,178,715 -1.5% Overall Change from Previous Year (17,771) a. Wa. State Dept of Revenue audit adjustment to sales tax returns for period Nov 2011 (adjustment: -$73,971). b. Wa. State Dept of Revenue audit adjustment to sales tax returns for period Dec 2011 (adjustment: -$20,014). c. Wa. State Dept of Revenue audit adjustment to sales tax returns for period Jan 2013 (adjustment: -$11,382). d. Wa. State Dept of Revenue audit adjustment to sales tax returns for period May 2013 (adjustment - $30,493). 11/25/13 file:Monthly Sales Tax Report.xls Prepared by Auburn Finance Department 20DI.A Page 158 of 302 INNOVATION EQUIPMENT & TECHNOLOGY RENTAL OPERATING REVENUES Charges For Service 10,739,938 6,205,405 - 7,465,875 11,823,537 14,181 870,292 1,018,957 - - - - Interfund Charges For Service - - - - - - - - - 3,216,651 4,382,245 2,697,954 Sewer Metro Service Revenue - - 13,430,733 - - - - - - - - - Rents, Leases, Concessions, & Other - - - - - 564,670 - 406,203 - 120,096 73,837 - TOTAL OPERATING REVENUES 10,739,938 6,205,405 13,430,733 7,465,875 11,823,537 578,852 870,292 1,425,160 - 3,336,747 4,456,082 2,697,954 OPERATING EXPENSES Salaries & Wages 2,114,273 1,391,322 - 1,857,644 356,130 18,921 354,804 541,872 - 571,427 1,262,423 431,703 Benefits 958,348 614,452 - 812,994 164,271 6,161 176,521 266,316 - 254,381 525,013 192,374 Supplies 152,970 56,002 - 70,903 42,086 286 128,962 245,789 - 99,226 162,694 738,392 Other Service Charges 3,676,242 2,062,382 - 1,200,420 988,415 451,350 54,962 157,318 291,560 1,275,744 1,366,461 417,643 Intergovernmental Services - 2,482 - 12,622 309,752 - - - - - - - Waste Management Payments - - - - 8,480,886 - - - - - - - Sewer Metro Services - - 13,264,588 - - - - - - - - - Interfund Operating Rentals & Supplies 1,023,026 895,200 - 1,183,519 165,825 - 51,513 150,788 - 109,274 276,562 226,943 Other Expenses - - - - - - - - - - - - Depreciation & Amortization 2,098,475 1,728,017 - 1,402,493 17,251 369,589 52,876 279,359 - - 422,737 639,018 TOTAL OPERATING EXPENSES 10,023,335 6,749,857 13,264,588 6,540,596 10,524,615 846,306 819,638 1,641,442 291,560 2,310,052 4,015,890 2,646,074 OPERATING INCOME (LOSS)716,603 (544,452) 166,146 925,279 1,298,922 (267,455) 50,654 (216,282) (291,560) 1,026,695 440,192 51,880 NON-OPERATING REVENUES & EXPENSES Interest Revenue 22,983 18,877 65 22,406 1,221 1,441 368 636 2,004 2,576 4,660 8,239 Contributions - - - 69,770 27,735 - 55 - - 56,270 - - Other Non-Operating Revenue 197,282 180,381 - 63,563 1,930 2,100 577 - - - 23,581 42,086 Gain (Loss) On Sale Of Fixed Assets - - - - - - - - - - - (10,859) Debt Service Interest (242,693) (19,100) - (157,208) - (46,275) (22,267) - - - - - Other Non-Operating Expense - - - - - - - - - - - - TOTAL NON-OPERATING REVENUES & EXPENSES (22,428) 180,159 65 (1,469) 30,886 (42,734) (21,267) 636 2,004 58,846 28,241 39,466 PLUS ITEMS NOT EFFECTING WORKING CAPITAL Depreciation 2,098,475 1,728,017 - 1,402,493 17,251 369,589 52,876 279,359 - - 422,737 639,018 NET WORKING CAPITAL FROM OPERATIONS 2,792,651 1,363,723 166,211 2,326,304 1,347,059 59,401 82,264 63,713 (289,556) 1,085,540 891,171 730,364 Increase In Contributions - System Development 1 573,640 2,367,712 - 623,662 - - - - - - - - Increase In Contributions - Area Assessments 224 3,243 - - - - - - - - - - Increase In Contributions - Other Governments - - - - - 108,745 - - - - - - Increase In Contributions - Other Funds - - - - - - - - - - - - Increase In Contributions - FAA - - - - - - - - - - - - Proceeds of Debt Activity 8,651,429 - - 5,235,686 - - - - - - - - Operating Transfers In - - - - - - - 50,948 - - - - Increase In Restricted Net Assets 11,124 21,651 - - - 4,214 - - - - - - Decrease In Long-Term Receivables - 112,500 - - - - - - - - - - Increase In Deferred Credits - - - - - 5,009 - - - - - - TOTAL RESOURCES OTHER THAN OPERATIONS 9,236,417 2,505,105 - 5,859,348 - 117,968 - 50,948 - - - - Net Change In Restricted Net Assets 1,699,965 1,885,603 (1,460,182) 796,196 - (110,220) - (26,695) - - - (31,005) Increase In Fixed Assets - Salaries 208,113 60,712 - 145,574 - - - - - - - - Increase In Fixed Assets - Benefits 81,950 25,815 - 60,673 - - - - - - - - Increase In Fixed Assets - Site Improvements 35,334 - - 11,782 - - - - - - - 8,471 Increase In Fixed Assets - Equipment - - - 17,960 - - - - - - 365,805 224,355 Increase In Fixed Assets - Construction 4,936,405 297,833 - 1,167,099 - 134,960 - - - - - 36,105 Operating Transfers Out 50,000 50,000 - 124,000 - - - - - 736,685 - 7,000 Debt Service Principal 629,868 288,262 - 140,700 - 115,000 - - - - - - TOTAL USES OTHER THAN OPERATIONS 7,641,635 2,608,225 (1,460,182) 2,463,984 - 139,740 - (26,695) - 736,685 365,805 244,926 NET CHANGE IN WORKING CAPITAL 4,387,433 1,260,603 1,626,393 5,721,668 1,347,059 37,629 82,264 141,357 (289,556) 348,855 525,366 485,438 BEGINNING WORKING CAPITAL - January 1, 2013 10,196,281 12,072,579 - 10,218,848 1,018,487 818,912 182,098 90,692 2,028,681 1,473,041 2,885,527 5,559,565 ENDING WORKING CAPITAL - November 30, 2013 14,583,714 13,333,182 1,626,393 15,940,516 2,365,546 856,541 264,362 232,048 1,739,125 1,821,896 3,410,893 6,045,002 NET CHANGE IN WORKING CAPITAL 4,387,433 1,260,603 1,626,393 5,721,668 1,347,059 37,629 82,264 141,357 (289,556) 348,855 525,366 485,438 ENTERPRISE FUNDS INTERNAL SERVICE FUNDSWORKING CAPITAL The following table presents the Working Capital Statement for each of the City's Enterprise and Internal Service funds. Working Capital is generally defined as the difference between current assets and current liabilities. CEMETERY GOLF INSURANCE FACILITIESWATERSEWERSEWER METRO STORM SOLID WASTE AIRPORT 21DI.A Page 159 of 302 INNOVATION EQUIPMENT & TECHNOLOGY RENTAL OPERATING REVENUES Charges For Service 10,739,938 6,205,405 - 7,465,875 11,823,537 14,181 870,292 1,018,957 - - - - Interfund Charges For Service - - - - - - - - - 3,216,651 4,382,245 2,697,954 Sewer Metro Service Revenue - - 13,430,733 - - - - - - - - - Rents, Leases, Concessions, & Other - - - - - 564,670 - 406,203 - 120,096 73,837 - TOTAL OPERATING REVENUES 10,739,938 6,205,405 13,430,733 7,465,875 11,823,537 578,852 870,292 1,425,160 - 3,336,747 4,456,082 2,697,954 OPERATING EXPENSES Administration 2,649,072 1,918,648 - 2,558,118 663,601 462,100 215,768 211,236 291,560 - - 803,184 Operations & Maintenance 5,275,787 3,103,192 - 2,579,984 1,362,878 14,617 550,994 1,150,846 - 2,310,052 3,593,153 1,203,872 Waste Management Payments - - - - 8,480,886 - - - - - - - Sewer Metro Services - - 13,264,588 - - - - - - - - - Depreciation & Amortization 2,098,475 1,728,017 - 1,402,493 17,251 369,589 52,876 279,359 - - 422,737 639,018 TOTAL OPERATING EXPENSES 10,023,335 6,749,857 13,264,588 6,540,596 10,524,615 846,306 819,638 1,641,442 291,560 2,310,052 4,015,890 2,646,074 OPERATING INCOME (LOSS)716,603 (544,452) 166,146 925,279 1,298,922 (267,455) 50,654 (216,282) (291,560) 1,026,695 440,192 51,880 NON-OPERATING REVENUES & EXPENSES Interest Revenue 22,983 18,877 65 22,406 1,221 1,441 368 636 2,004 2,576 4,660 8,239 Other Non-Operating Revenue 197,282 180,381 - 133,333 29,665 2,100 632 - - 56,270 23,581 42,086 Gain (Loss) On Sale Of Fixed Assets - - - - - - - - - - - (10,859) Other Non-Operating Expense (242,693) (19,100) - (157,208) - (46,275) (22,267) - - - - - TOTAL NON-OPERATING REVENUES & EXPENSES (22,428) 180,159 65 (1,469) 30,886 (42,734) (21,267) 636 2,004 58,846 28,241 39,466 694,175 (364,293) 166,211 923,811 1,329,808 (310,188) 29,387 (215,646) (289,556) 1,085,540 468,434 91,346 Contributions 1 573,864 2,370,955 - 623,662 - 108,745 - - - - - - Transfers In - - - - - - - 50,948 - - - - Transfers Out (50,000) (50,000) - (124,000) - - - - - (736,685) - (7,000) TOTAL CONTRIBUTIONS & TRANSFERS 523,864 2,320,955 - 499,662 - 108,745 - 50,948 - (736,685) - (7,000) CHANGE IN FUND BALANCE 1,218,039 1,956,662 166,211 1,423,472 1,329,808 (201,444) 29,387 (164,698) (289,556) 348,855 468,434 84,346 BEGINNING FUND BALANCE - January 1, 2013 67,719,034 73,319,311 1,460,182 49,964,488 1,128,442 9,439,263 872,103 8,578,904 2,028,681 1,415,971 4,069,294 10,502,921 ENDING FUND BALANCE - November 30, 2013 68,937,073 75,275,973 1,626,393 51,387,960 2,458,250 9,237,819 901,490 8,414,206 1,739,125 1,764,826 4,537,728 10,587,267 1 Sewer contributions reflect System Development Charges resulting from the Goedecke land swap agreement with the WA Department of Transportation. FUND BALANCE ENTERPRISE FUNDS INTERNAL SERVICE FUNDS The following table provides an analysis of each of the City's Enterprise and Internal Service funds - showing 2013 revenues and expenditures by fund. INCOME (LOSS) BEFORE CONTRIBUTIONS & TRANSFERS CEMETERY GOLF INSURANCE FACILITIESWATERSEWERSEWER METRO STORM SOLID WASTE AIRPORT 22DI.A Page 160 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5032 Date: January 15, 2014 Department: Finance Attachments: Resolution No. 5032 Budget Impact: $0 Administrative Recommendation: City Council to approve Resolution No. 5032 Background Summary: Resolution No. 5032 levies the .1% sales tax credit against the state sales tax for annexation of the Lea Hill Area. Washington State Senate Bill 6686 authorizing the tax credit was passed by the state legislature during the 2006 regular session. The intent of the legislation was to provide financial assistance to Cities with Planned Annexation Area (PAA's) that did not produce revenues sufficient to cover the costs of urban levels of services. The tax credit will provide sufficient funding, along with the other revenues of the area, to provide those services. The City moved forward with the annexation of Lea Hill based upon the availability of this tax credit. Cities wishing to take advantage of this tax credit incentive had to commence annexation prior to January 1, 2010. The tax credit is available to the city for up to 10 years and is limited to the maximum of .1% credit against the State tax or the difference between the City's cost to provide, maintain, and operate municipal services for the annexation areas and the general revenues that the City receives from the annexation area during a given year. 2013 will be the seventh year that the City of Auburn has asked the State for the sales tax credit. The last year of this tax credit will be 2016. Reviewed by Council Committees: Finance, Public Works Councilmember:Wales Staff:Coleman Meeting Date:January 21, 2014 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 161 of 302 ------------------------ Resolution No. 5032 January 14, 2014 Page 1 of 3 RESOLUTION NO. 5 0 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY OF AUBURN TO IMPOSE A SALES AND USE TAX AS AUTHORIZED BY RCW 82.14.415 AS A CREDIT AGAINST STATE SALES AND USE TAX, RELATING TO ANNEXATIONS WHEREAS, this is not a new tax but a reallocation of the sales tax already collected by the state which will then be remitted to the City to assist with funding the costs of the newly annexed area; and WHEREAS, in accordance with Chapter 35A.14 RCW, on the 16th day of January, 2007 and on the 16th day of April, 2007, the City Council of the City of Auburn, Washington, passed its Resolution Numbers 4138 and 4176 respectively, calling for special elections to be held in connection with the primary election on August 21, 2007, at which election the question of annexation was presented to the voters of the Lea Hill Annexation Area; and WHEREAS, the notice of intention to annex was filed with the King County Boundary Review Board and subsequently approved; and WHEREAS, in accordance with Chapter 35A.14 RCW the annexation was put to a vote of the people in the annexation area on August 21, 2007; and WHEREAS, the King County Records, Elections and Licensing Services Division, on September 5, 2007, certified that the referendum had been approved by the voters; and WHEREAS, following a favorable vote on the annexation proposition, the City Council of the City of Auburn, Washington, adopted its Ordinance No. DI.B Page 162 of 302 ------------------------ Resolution No. 5032 January 14, 2014 Page 2 of 3 6121, on September 17, 2007, annexing said Lea Hill Annexation Area, an annexation area that has a population of at least ten thousand people; and WHEREAS, the City Council of the City of Auburn, Washington, finds and determines that the projected cost of at least $5,763,960 to provide municipal services to the annexation area exceeds the projected general revenue estimated to be $5,275,633 that the City would otherwise receive from the annexation area on an annual basis; and WHEREAS, pursuant to RCW 82.14.415, the City is authorized, under the circumstances of this annexation, to impose a sales and use tax as authorized with that tax being a credit against the state tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Auburn City Council does hereby authorize the City’s Finance Director to set the threshold for imposing the sales and use tax credit at two million and seventy one thousand dollars ($2,071,000) for the Lea Hill annexation area. Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this Resolution. DI.B Page 163 of 302 ------------------------ Resolution No. 5032 January 14, 2014 Page 3 of 3 Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS ______ DAY OF ______________, 2014. CITY OF AUBURN ___________________________ ATTEST: NANCY BACKUS, MAYOR ____________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ____________________________ Daniel B. Heid, City Attorney DI.B Page 164 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6494 Date: January 15, 2014 Department: Finance Attachments: Ordinance No. 6494 Budget Impact: $250,000 a yr for 25 yrs. Administrative Recommendation: City Council to adopt Ordinance No. 6494 Background Summary: Ordinance No. 6494 levies the .022% sales tax credit against the state sales tax for local revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature during the 2009 regular session. The intent of the legislation was to provide financial assistance to Cities to assist with financing public improvements in an identified revitalization area to promote community and economic development. The City first applied for the use of local revitalization financing on August 11, 2009 and the Department of Revenue approved the City’s application on September 16, 2009, authorizing up to $250,000.00/yr for the local revitalization program (Promenade capital improvements). In 2010, the City issued $7.24 million in 2010 C/D Bonds for the purpose of funding capital improvements for the Promenade. Annual debt service payments for these bonds continue through the year 2035. Funds from the sales tax credit, combined with REET2 funds are used to pay for the annual debt service costs of the local revitalization project. As of the end of 2013, the remaining principal balance is $6.36 million. The tax credit is available to the City for up to 25 years. 2014 will be the fifth year that the City has asked the State for the tax credit. As provided by the state, in order for the City to continue receiving the tax credit, the City must request this each year by Ordinance. Based upon historical taxable retail sales, the above rate of .022% is estimated to generate $250,000 for local revitalization funding during the State’s fiscal year July 1, 2014 – June 30, 2015. AUBURN * MORE THAN YOU IMAGINEDDI.C Page 165 of 302 Reviewed by Council Committees: Finance, Public Works Councilmember:Wales Staff:Coleman Meeting Date:January 21, 2014 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 166 of 302 ------------------------------ Ordinance No. 6494 January 14, 2014 Page 1 of 2 ORDINANCE NO. 6 4 9 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING THE LOCAL SALES AND USE TAX RATE FOR LOCAL REVITALIZATION FINANCING FOR 2014 WHEREAS, The City of Auburn (“City”) enacted Ordinance 6301 on April 19, 2010, which established a local sales and use tax as provided for in Section 39.14.510 of the Revised Code of Washington (“RCW”); and, WHEREAS, this tax is imposed in order to pay the debt service on Local Revitalization Financing bonds in accordance with Chapter 39.14 RCW; and, WHEREAS, Chapter 39.14 RCW provides that the City shall, from time to time, adjust the tax rate so that it is set at the rate reasonably necessary to receive the state contribution over 10 months, in accordance with RCW 82.14.510(3); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The sales and use tax rate established in Section 3.2 of Ordinance 6301 is hereby amended to .022% beginning July 1, 2014. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. DI.C Page 167 of 302 ------------------------------ Ordinance No. 6494 January 14, 2014 Page 2 of 2 Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ DI.C Page 168 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Planning Project No. CP0746 Date: January 14, 2014 Department: Planning and Development Attachments: Memorandum Consultant Agreement No. AG-C-449 Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: Staff is requesting Council authorization to enter into professional services Agreement No. AG-C-449 with environmental consultant Maul Foster Alongi (MFA) to provide environmental and real estate services to assist the City with project design and real estate requirements for the Mill Creek Wetland 5K ERP project. See attached summary memorandum for additional information. The anticipated cost for this agreement is $91,250.00. Funding for these activities has been budgeted in 2014 under City project CP0746 - Mill Creek Wetland 5K Reach Restoration. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Holman Staff:Andersen Meeting Date:January 21, 2014 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 169 of 302 Memorandum DATE: January 14, 2014 TO: Auburn City Council Public Works Committee: Councilmember Wayne Osborne, Chair Councilmember Bill Peloza, Vice Chair Councilmember Claude DeCorsi FROM: Chris Andersen, CFM, Environmental Services Manager CC: Nancy Backus, Mayor Jeff Tate, Interim Planning and Development Director Ingrid Gaub, Interim Assistant Public Works Director/City Engineer SUBJECT: Project No. CP0746 Mill Creek Wetland 5K Restoration, Professional Services Agreement AG-C-449 Enclosure: Professional Services Agreement AG-C-449 Background The City of Auburn is working with the Army Corps of Engineers (Corps) to design and construct the Mill Creek Wetland 5K Reach stream restoration project, which is included in the City of Auburn 2014-2019 Capital Facilities Plan as Project No. CP0746. The project, which constructs stream restoration and habitat improvements on Mill Creek between Main Street and SR-167, is one of 45 projects in the Green River drainage basin identified and authorized by Congress for federal funding under the Green/Duwamish Ecosystem Restoration Program (ERP) as part of the federal Water Resources Development Act of 2000. For ERP projects, federal and non-federal roles and responsibilities are detailed in two agreements, one for design and one for construction. The City entered into a project Design Agreement with the Corps in 2010. The Design agreement establishes a federal/non-federal cost share for design of 75-percent federal, 25-percent non federal (City). A construction agreement, referred to by the Corps as a Project Partnership Agreement (PPA), is scheduled to be presented to the City Council for consideration in April 2014 upon the completion of 95- percent Design plans for the project. Under the PPA, the federal cost share for completion of the project is 65-percent, and the non-federal (City) cost share is 35-percent. Under the terms of the Design Agreement, the City’s responsibilities include design team participation and design plan technical review. Under the terms of the prospective Project Partnership Agreement, City responsibilities include the acquisition of necessary real estate interests and meeting the requirements of the Corps’ real estate certification process. That DI.D Page 170 of 302 2 process, referred to as LERRD certification by the Corps (LERRD refers to Land, Easements, Right-of-Way, Relocation, and Disposal sites), has a number of substantive and procedural requirements that dictate a specific process and methodology that must be followed by the City to secure and assure the real estate interests that are required for an ERP project. Most City costs associated with LERRD certification can be credited to the City’s cost share for the project. Agreement AG-C-449 Purpose of the Agreement Staff is requesting Council authorization to enter into professional services Agreement No. AG- C-449 with environmental consultant Maul Foster Alongi (MFA) to provide environmental and real estate services to assist the City with project design and real estate requirements for the Mill Creek Wetland 5K ERP project. A copy of AG-C-449 is enclosed. Scope of Work The scope of work includes the following tasks: · Project real estate interest acquisition and LERRD certification activities; · Preparation of a funding strategy, and assistance with identifying and securing supplemental grant funding for the project; and · Technical review of the project design plans. In addition, the agreement includes an optional task for other technical assistance needs that may be identified by the City as the project moves proceeds. Specific written authorization from the City would be required before any work on this task could be performed. Financial Information Primary consultant services: $81,250.00 Optional consultant services: $10,000.00 Total consultant services: $91,250.00 It is estimated that $52,805.00 of the cost associated with the contract would be eligible for crediting by the Corps against the City’s 35-percent share of the total project cost (LERRD credit). The remaining $38,445.00 would be expenses that are not expected to be eligible for LERRD credit. DI.D Page 171 of 302 DI . D Pa g e 1 7 2 o f 3 0 2 DI . D Pa g e 1 7 3 o f 3 0 2 DI . D Pa g e 1 7 4 o f 3 0 2 DI . D Pa g e 1 7 5 o f 3 0 2 DI . D Pa g e 1 7 6 o f 3 0 2 DI . D Pa g e 1 7 7 o f 3 0 2 DI . D Pa g e 1 7 8 o f 3 0 2 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5029 Date: January 14, 2014 Department: Planning and Development Attachments: Resolution No. 5029 Exhibit A Map Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: The City is interested in acquiring certain vacant property for the Fenster Levy Setback project known as the Rice Property. Staff has met with the sellers to review the appraisals, one conducted by the City and one conducted by the sellers and discuss purchase price. The City’s appraisal appraised the property at $39,000.00 and the sellers appraisal at $45,000.00. The City offered $45,000.00 and the seller accepted that purchase price. Budget for this acquisition was included in Budget Amendment #6. Half, or $22,500.00 is being paid from Parks Conservation Futures’ funds and the balance from Planning and Development Department budget. Budget Amendment #6 allocated the funds into Fund 321, Municipal Parks Construction Fund. The subject property is a vacant property adjacent to the Fenster Nature Park project located on 2nd Street SE east of V Street SE, and upon City acquisition the property will become part of the Nature Park. Initially, the property will be used as a material staging and fill stockpiling area for construction of the Fenster Levy Setback project. Long-term, the City plans to utilize the property for vehicular and pedestrian access to the park, and to access the new revetment maintenance road that will constructed as part of the levy setback project. Summary of the Purchase and Sale Agreement (PSA): *Purchase Price - $45,000.00 *Closing no later than February 28, 2014; the seller is interested in moving quickly and is the City. AUBURN * MORE THAN YOU IMAGINEDDI.E Page 179 of 302 Planning and Community Development Committee reviewed Resolution No. 5029 at their January 13, 2013 meeting. The Committee decided to move the item to action and recommended approval of Resolution No. 5029 to the full City Council. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Holman Staff:Chamberlain Meeting Date:January 21, 2014 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 180 of 302 -------------------------------------- Resolution No. 4955 May 10, 2013 Page 1 of 2 RESOLUTION NO. 5 0 2 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF AUBURN AND JOHN RICE WHEREAS, the John Rice owns real property located in the City of Auburn, Washington; and WHEREAS, the City desires to purchase the property and John Rice desires to sell this property at price that is acceptable to the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Purchase and Sale Agreement between the City of Auburn and John Rice for real property, which agreement shall be in substantial conformity with the Agreement attached hereto as Exhibit “A” and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to take such administrative and/or procedural action as may be necessary and/or appropriate to carry out the directives of this legislation and to accommodate the decision to purchase the John Rice property. DI.E Page 181 of 302 -------------------------------------- Resolution No. 4955 May 10, 2013 Page 2 of 2 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2014. CITY OF AUBURN _____________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney DI.E Page 182 of 302 Rice Property Acquisition 12.5.13 Page 1 of 12 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of the _____ day of ________, 2014, by and between the CITY OF AUBURN, a Washington municipal corporation, as Seller (hereinafter the “City” or “Buyer”), and JOHN RICE (hereinafter the “Seller”). RECITALS A. The Bueyr is the owner of certain real property and all improvements thereon (“Property”) located in the City of Auburn, County of King, Washington, commonly known as the Rice property, which is legally described as follows: THE NORTH 140 FEET LESS THE WEST 126 FEET OF LOT 4 IN BLOCK 4 OF EAST AUBURN GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 18 OF PLATS, PAGE 98, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. B. Seller desires to sell the Property to City, on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Buyer and Seller hereby agree as follows: 1. Certain Defined Terms. For purposes of this Agreement, the terms set forth below shall have the meaning assigned to them: 1.1 “Closing” or “Close of Escrow” means the recordation of the Deed in the Official Records and Seller’s receipt of the Purchase Price. 1.2 “Closing Date” means any mutually agreeable date on or before February 28, 2014. 1.3 “Escrow” means the escrow opened with Escrow Agent for the consummation of the transaction described in this Agreement. 1.4 “Escrow Agent” means Natalie Evans of Stewart Title Company (206.770.8821) whose address is 1420 5th Avenue, Suite 500, Seattle, WA 98101. 1.5 “Official Records” means the official real property records of King County, Washington. DI.E Page 183 of 302 Rice Property Acquisition 12.5.13 Page 2 of 12 1.6 “Opening of Escrow” means the date a fully executed copy of this Agreement is deposited with Escrow Agent. 1.7 “Permitted Exceptions” has the meaning as set forth in Section 6.3 below. 1.8 “Purchase Price” has the meaning as set forth in Section 3. 1.9 “Title Company” means Stewart Title Company. 1.10 “Title Policy” means an ALTA (1970 Form B) extended coverage owner’s policy of title insurance issued by the Title Company to Buyer with coverage in the amount of purchase price, showing title to the Property vested in Buyer subject only to the Permitted Exceptions. 2. Purchase and Sale. The Seller agrees to sell to City, and City agrees to purchase from Seller, the Property upon the terms and conditions set forth in this Agreement. 3. Purchase Price; Cash Payment. The total cash purchase price for the Property (the “Purchase Price”) shall be Forty-five Thousand Dollars and no cents ($45,000.00). The Purchase Price shall be paid to Seller via a wire transfer or check at Closing. 4. Earnest Money Deposit. On execution of this Agreement, Buyer shall deposit with Escrow Agent One Thousand Dollars and no cents ($1,000.00) in cash (the “Deposit”), which shall be held by Escrow Agent as an earnest money deposit hereunder. The Deposit shall be held in Escrow and applied or disposed of by Escrow Agent as provided herein. Escrow Agent shall place the Deposit in an interest-bearing account approved by City and Buyer and all interest earned thereon shall be added to and become a part of the Deposit. 5. Due Diligence. 5.1 Due Diligence Period. Buyer shall have the right for a period of thirty (30) days from the date of this Agreement (the “Due Diligence Period”) to conduct Buyer’s due diligence review, examination and inspection of all matters pertaining to its acquisition of the Property, including such inspections, tests, and surveys as Buyer deems appropriate to determine the suitability of the Property for Buyer’s intended use. Seller shall provide the City and City’s agents and consultants with reasonable access to the Property and, to the extent such information is in the possession or control of Seller, shall provide reasonable access to appropriate information respecting the Property, subject to the terms and conditions of this Agreement. City’s obligation to purchase the Property shall be contingent upon its approval of such property after conducting its due diligence review. If, based upon City’s review, examination and inspection, City shall determine in its sole discretion that it intends to acquire the Property, then City shall promptly notify Seller of such determination in writing prior to the expiration of the Due Diligence Period, DI.E Page 184 of 302 Rice Property Acquisition 12.5.13 Page 3 of 12 whereupon City’s due diligence contingency shall be deemed satisfied and waived, the Deposit shall become nonrefundable (except as otherwise provided herein), and City shall proceed to Closing. In the event that City shall fail to have delivered such notice to Seller on or before the expiration of the Due Diligence Period, City shall have been deemed to be satisfied with the results of its aforesaid review, and shall be deemed to have waived its right to terminate this Agreement pursuant to this subsection. If City shall have timely and affirmatively advised the Seller in writing of its dissatisfaction with the aforesaid matters based on its review, then this Agreement shall automatically terminate, the Deposit shall be returned to the City, and the parties’ rights under this Agreement shall be of no further force or effect. 5.2 Title Commitment. Promptly after mutual execution of this Agreement, Seller shall obtain an extended preliminary title insurance commitment covering the Property from the Title Company (the “Commitment”) as is consistent with Section 9 together with copies of all recorded documents listed as special exceptions therein. Approval by Buyer of the exceptions to title set forth in the Commitment (other than as hereinafter set forth) shall be a condition precedent to Buyer’s obligation to purchase the Property. Unless Buyer gives written notice that it disapproves the exceptions to title shown on the Commitment (other than the exceptions to title approved by Buyer and described in Section 6.3 below), stating the exceptions so disapproved, within thirty (30) days after the date of this Agreement, Buyer shall be deemed to have approved such exceptions. If Buyer disapproves any title exceptions, Seller shall have a ten (10) day period after its receipt of Buyer’s written notice of disapproval of the same within which to provide written notice to Buyer as to which of such disapproved title exceptions the Seller will remove (or cause to be removed) from title; provided, however, that Seller shall not be required to actually remove such exception(s) until Closing. If, for any reason, Seller’s notice given pursuant to the immediately preceding sentence does not covenant to remove all of Buyer’s disapproved title exceptions at or prior to Closing, Buyer shall have the right to terminate this Agreement by written notice to Seller and Escrow Agent given within ten (10) days after the earlier of the expiration of such ten (10) day period or the date Seller informs Buyer that it does not intend to remove the disapproved items (the “Termination Notice”). Buyer’s failure to deliver the Termination Notice within such ten (10) day period shall be deemed Buyer’s approval of any such previously disapproved title exception. If Buyer delivers the Termination Notice within such ten (10) day period, the obligation of Seller to sell, and Buyer to buy, the Property as herein provided shall terminate and the Deposit shall be returned to Buyer. Buyer shall have the option to waive the condition precedent set forth in this Section 6.2 by written notice to Seller. In the event of such waiver, such condition precedent shall be deemed satisfied. 5.3 Permitted Exceptions. In addition to such other exceptions to title as may be approved by Buyer pursuant to the provisions of Section 6.2 above, Buyer shall accept title to the Property subject to the following (collectively, the “Permitted Exceptions”): DI.E Page 185 of 302 Rice Property Acquisition 12.5.13 Page 4 of 12 5.3.1 The printed exceptions which appear in the ALTA (Form 1970B) form extended coverage owner’s policy of title insurance issued by Title Company in the State of Washington; and items created by, or on behalf of, Buyer. 5.4 No New Leases or Contracts. Prior to Closing, Seller shall not enter into any new leases, contracts or agreements affecting the Property without the prior written consent of Buyer, except the Seller may enter into interim contracts or agreements in connection with the management, maintenance, repair or preservation of the Property in the normal course of business if each such contract or agreement expires or is terminated at or prior to Closing. 6. Buyer’s Right of Entry. Buyer, and its agents and consultants, at Buyer’s sole expense and risk, may enter the Property during the term of this Agreement at reasonable times scheduled in advance with Seller for the purpose of Buyer’s due diligence study of the Property. Buyer shall (a) exercise care at all times on or about the Property, and (b) take precautions for the prevention of injury to persons or damage to property on or about the Property. Buyer shall keep the Property free from all mechanics’, materialmen’s and other liens, and all claims thereof, arising from any work or labor done, services performed, or materials and supplies furnished in with Buyer’s actions in the exercise of its right of entry on the Property, and Buyer shall indemnify and defend Seller against and hold Seller harmless from all such liens and claims. 7. Closing. 7.1 Time for Closing. This purchase and sale shall be closed in the office of Escrow Agent on the Closing Date. Buyer and Seller shall deposit in Escrow with Escrow Agent all instruments, documents and monies necessary to complete the sale in accordance with this Agreement. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Seller. 7.2 Closing Costs. 7.2.1 Seller’s Costs. Seller shall pay the Seller’s share of prorations, if any, and excise real estate taxes. 7.2.2 Buyer’s Costs. Buyer shall pay (a) all escrow fees and costs, (b) the recording fees for the Deed, (c) Buyer’s share of prorations, if any and, (d) all premiums charged. for basic and extended coverage for the Title Policy and any additional endorsements or coverage Buyer may require, including applicable sales tax. 7.2.3 Other Costs. Buyer and Seller shall each pay its own legal fees and fees of its own consultants. All other costs and expenses shall be allocated between Buyer and City in accordance with the customary practice of King County, Washington. DI.E Page 186 of 302 Rice Property Acquisition 12.5.13 Page 5 of 12 7.3 Real Property Taxation. City shall be responsible for all real property taxes due 7and owing prior to the Closing. 7.4 Closing Documents. 7.4.1 Seller’s Documents. At Closing, Seller shall deliver to Escrow Agent the following instruments and documents: 7.4.1.1 The executed and acknowledged Deed in the form attached hereto as Exhibit “A,” conveying the Property to Buyer; 7.4.1.2 The executed real estate excise tax affidavit to accompany the Deed; and 7.4.1.3 An executed nonforeign person affidavit in the form required under Section 1445 of the Internal Revenue Code. 7.4.2 Buyer’s Documents. At Closing, Buyer shall deliver to Escrow Agent the following funds, instruments and documents: 7.4.2.1 The balance of the Purchase Price in accordance with Section 3; 7.4.2.2 The executed real estate excise tax affidavit referenced in Section 8.4.1.2 above. 7.5. Possession. Buyer shall be entitled to possession of the Property upon Closing. 9. Title Insurance. As soon as available after Closing, Seller shall provide to Buyer the Title Policy, dated as of the Closing Date, subject only to the Permitted Exceptions. 10. Representations and Warranties. 10.1 Seller’s Representations and Warranties. In addition to any other representations or warranties of City elsewhere in this Agreement, Seller represents and warrants to Bueyr now, and as of the Date of Closing, that: 10.1.1 Authority. That the Seller has full power and authority to execute this Agreement and perform Seller’s obligations hereunder, and all necessary action to authorize this transaction has been taken, except as specifically provided herein. 10.1.2 Hazardous Substances. Seller has not received notification of any kind from any governmental agency suggesting that the Property is or may be targeted for a Hazardous Substances cleanup; to the best of Seller’s knowledge the Property has not been used (a) for the storage, disposal or discharge of oil, solvents, fuel, chemicals or any type of toxic, dangerous, hazardous or biological waste or substance (collectively, “Hazardous Substances”), or (b) as a landfill or waste disposal site; to the best of Seller’s knowledge DI.E Page 187 of 302 Rice Property Acquisition 12.5.13 Page 6 of 12 the Property has not been contaminated with any Hazardous Substances; and to the best of Seller’s knowledge, there are no underground storage tanks on the Property. 10.2 Buyer’s Representations and Warranties. In addition to any other representations and warranties of Buyer elsewhere in this Agreement, Buyer represents and warrants to Seller now, and as of the Date of Closing, that (a) Buyer has full power to execute, deliver and carry out the terms and provisions of this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement; and (b) the individual executing this Agreement on behalf of Buyer has the authority to bind Buyer to the terms and conditions of this Agreement. 10.3 “AS IS” CONDITION OF PROPERTY. THE PURCHASE PRICE REFLECTS THAT THE PROPERTY IS BEING PURCHASED BY BUYER ON AN “AS IS” “WHERE IS” AND “WITH ALL FAULTS” BASIS, EXCEPT TO THE EXTENT OF REPRESENTATIONS AND WARRANTIES SPECIFICALLY MADE BY SELLER HEREIN OR IN THE DEED OR OTHER DOCUMENTS TO BE DELIVERED BY SELLER AT CLOSING. BUYER HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT TO, ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE DEEMED TO HAVE BEEN MADE OR GIVEN, BY SELLER OR ITS REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO ANY BROKER, EXCEPT FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY SELLER AT CLOSING. EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY SELLER AT CLOSING, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, AND SELLER EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND SHALL HAVE NO LIABILITY FOR: (I) THE CONDITION OF THE PROPERTY OR ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS LOCATED THEREON OR THE SUITABILITY THEREOF FOR HABITATION, OCCUPANCY OR FOR BUYER’S INTENDED USE OR FOR ANY USE WHATSOEVER; (II) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR REGULATIONS OR WITH RESPECT TO COMPLIANCE THEREWITH OR WITH RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS, IF ANY, OF ANY GOVERNMENTAL AGENCY; (III) THE AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY RIGHTS THERETO, OR ANY WATER, SEWER OR UTILITY DISTRICTS; (IV) ACCESS TO ANY PUBLIC OR PRIVATE SANITARY SEWER SYSTEM; (V) THE FACT THAT ALL OR A PORTION OF THE PROPERTY MAY BE LOCATED ON OR NEAR AN EARTHQUAKE FAULT LINE; OR (VI) EXCEPT AS SPECIFICALLY SET FORTH ABOVE, THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN DI.E Page 188 of 302 Rice Property Acquisition 12.5.13 Page 7 of 12 ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT LIMITATION ASBESTOS OR FORMALDEHYDE, OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING, CITY SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO THE CONDITION OF THE PROPERTY UNDER COMMON LAW, OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 AS AMENDED, 42 U.S.C.A. SECTIONS 9601 ET SEQ., AND THE WASHINGTON MODEL TOXICS CONTROL ACT (“MTCA”), RCW 70.105D. BUYER HEREBY RELEASES AND WAIVES ANY AND ALL CLAIMS WHICH THE BUYER HAS OR MAY HAVE AGAINST CITY UNDER ANY OF THE FOREGOING LAWS OR WITH RESPECT TO THE CONDITION OF THE PROPERTY, EXCEPT TO THE EXTENT OF ANY CLAIMS BUYER MAY HAVE ARISING FROM ANY EXPRESS REPRESENTATIONS, WARRANTIES OR COVENANTS OF CITY UNDER THIS AGREEMENT OR ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING. BUYER ACKNOWLEDGES TO CITY THAT BUYER IS GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY INSPECT THE PROPERTY AND BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS, INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION, SUBJECT TO THE EXCEPTION OF RIGHTS EXPRESSLY SET FORTH ABOVE. BUYER: _______________ SELLER: ________________ 11. Maintenance of Property; Risk of Loss, Condemnation. 11.1 Maintenance of Property. From the date of this Agreement until the Closing Date (or any earlier termination of this Agreement), Seller agrees to maintain the Property in substantially the same condition existing as of the date hereof, ordinary wear and tear, damage by casualty excepted. 11.2 Risk of Loss; Condemnation. Risk of loss of or damage to the improvements on the Property shall be borne by Seller at all times and no event of casualty or damage shall affect the parties’ obligations hereunder or the Purchase Price, however, Buyer shall have the right to receive any insurance proceeds due Seller in connection with any casualty or damage and Seller hereby covenants to maintain commercially reasonable casualty insurance in place with respect to the Property at all times prior to Closing. City shall promptly notify Buyer of any condemnation or eminent domain proceeding which affects the Property, and City covenants and agrees not to commence or pursue any such action. DI.E Page 189 of 302 Rice Property Acquisition 12.5.13 Page 8 of 12 In the event of any condemnation or eminent domain proceeding by any entity other than City, or a deed in lieu or under threat thereof, which affects a material portion of the Property, Buyer may elect either to terminate this Agreement, or to purchase the Property in the condition existing on the Closing Date without adjustment of the Purchase Price. If Buyer elects to terminate this Agreement, the Deposit shall be returned to Buyer. If Buyer elects to purchase the Property, City shall not be liable to restore same, and Buyer shall be entitled to any condemnation award or payment in lieu thereof payable to City in its capacity as the owner thereof. 12. Default. 12.1 Time of Essence. Time is of the essence of this Agreement. 12.2 Seller’s Remedies for Buyer’s Default or Failure to Close. If Buyer fails, without legal excuse, to complete the purchase of the Property in accordance with this Agreement, Seller’s sole and exclusive remedies shall be to retain the Deposit as liquidated damages. Buyer expressly agrees that the retention of the Deposit by Seller represents a reasonable estimation of the damages in the event of Buyer’s default and failure to close hereunder, that actual damages may be difficult to ascertain and that this provision does not constitute a penalty. In this respect, Buyer and Seller acknowledge that these damages have been specifically negotiated between Buyer and Seller and are, inter alia, to compensate Seller for delaying the eventual sale of the Property and to compensate Seller or its costs and expenses associated with this Agreement. Buyer hereby waives the rights and benefits of any law, rule, regulation or order now or hereafter existing that would allow Buyer to claim a refund of the Deposit as unearned earnest money, a penalty or for any other reason except default by Seller. 12.3 Buyer’s Remedies for Seller’s Default. If Seller fails to complete the sale of the Property in accordance with this Agreement, Buyer shall have and may enforce the following exclusive remedies: (a) seek specific performance; (b) terminate this Agreement, receive a refund of the Deposit and recover from Seller all of Buyer’s actual third-party costs and expenses incurred by it in connection with the transaction and the Project; or (c) seek rescission of this Agreement and receive a refund of the Deposit. 13. Notices. All notices, demands and other communications required or permitted to be given hereunder shall be in writing, and shall be sent by personal delivery (including by means of professional messenger or courier service) or registered or certified mail, postage-prepaid, return-receipt requested, or by email at the addresses provided herein. Notice shall be deemed to have been given if personally delivered or sent by email, upon receipt, if sent by mail, two (2) days after duly deposited in the U.S. Mail to all of the addresses designated for such party. The parties’ respective addresses for notices are as follows: DI.E Page 190 of 302 Rice Property Acquisition 12.5.13 Page 9 of 12 If to City: City of Auburn Planning & Development Department 25 West Main Street Auburn, WA 98001-4998 Attn: Elizabeth Chamberlain, Planning Services Manager Email: echamberlain@auburnwa.gov With copies to: City Attorney’s Office City of Auburn 25 West Main Street Auburn, WA 98001-4998 Attn: City Attorney Email: sgross@auburnwa.gov; dheid@auburnwa.gov If to Seller: Mr. John Rice 104 L Street NE Auburn, WA 98002 Email: bertkeene@hotmail.com Notice of change of address shall be given by written notice in the manner detailed in this Section 13. 14. General. 14.1. Entire Agreement. This is the entire agreement of Buyer and Seller with respect to the matters covered hereby and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers hereunder must be in writing. No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement shall be governed by the laws of the State of Washington. Venue for disputes under this agreement shall lie with the Superior Court of King County, Washington. 14.2 No Third Party Beneficiaries/Severability. This Agreement is for the benefit only of the parties hereto and shall inure to the benefit of and bind the heirs, personal representatives, successors and permitted assigns of the parties hereto. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 15. Attorneys’ Fees. In the event suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party therein shall be entitled to recover from the DI.E Page 191 of 302 Rice Property Acquisition 12.5.13 Page 10 of 12 other party such sum as the Court may adjudge reasonable as attorneys’ fees, including fees incurred at trial, on any appeal and in any petition for review. 16. Exclusivity. During the term of this Agreement Seller shall not market nor list the Property for sale, nor accept any offers from third parties with respect to sale of the Property. 17. Reservation of Police Power. Notwithstanding anything to the contrary set forth herein, Seller understands and acknowledges that the City’s authority to exercise its police (regulatory) powers in accordance with applicable law shall not be deemed limited by the provisions of this Agreement. 18. City Council Approval. The Seller acknowledges that this Agreement does not bind the City of Auburn until the City Council approves the Purchase Agreement and the Mayor executes the Agreement. 19. Exhibits. Exhibit A attached hereto is incorporated herein as if fully set forth. SIGNED in duplicate original as of the date first above written. CITY OF AUBURN SELLER ________________________________ By _____________________________ Peter B. Lewis, Mayor John Rice, Property Owner Attest: ________________________________ Danielle Daskam, City Clerk Approved as to form: ________________________________ Daniel B. Heid, Auburn City Attorney EXHIBITS Exhibit A, Warranty Deed DI.E Page 192 of 302 Rice Property Acquisition 12.5.13 Page 11 of 12 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. WARRANTY DEED Reference # (if applicable): N/A Grantor/Borrower: John Rice Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: THE NORTH 140 FEET LESS THE WEST 126 FEET OF LOT 4 IN BLOCK 4 OF EAST AUBURN GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 18 OF PLATS, PAGE 98, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Assessor’s Tax Parcel ID#: 2154000120 For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor, John J. Rice, hereby conveys and warrants to the City of Auburn, a municipal corporation of the State of Washington, Grantee herein, its successors and assigns, the property legally described and depicted in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Property”). IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its proper officer(s) this _____ day of ______________, 2013. Grantor: John J. Rice By: ______________________________ Date Signed: __________________________ DI.E Page 193 of 302 Rice Property Acquisition 12.5.13 Page 12 of 12 STATE OF _______________ ) )ss. County of ________________ ) STATE OF WASHINGTON ) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Auburn, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated _______________________ _________________________________________ _________________________________________ Notary Public in and for the State of ___________ residing at My appointment expires DI.E Page 194 of 302 Rice Property Proposed Acquisition 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 1/8/2014 DI.E Page 195 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5030 Date: January 14, 2014 Department: Planning and Development Attachments: Resolution No. 5030 Pierce County Regional Council Cover Letter Pierce County Ordinance No. 2013-53s Exhibit A Pierce County Regional Council Letter from Chair Pierce County Centers - Map Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: In February 2012, the Pierce County Regional Council (PCRC) sought applications from jurisdictions to designate Centers of Local Importance for the 2012 transportation funding cycle. Auburn submitted an application requesting that the Pierce County portion of the City be designated a local center. Subsequent to the transportation funding cycle, the Growth Management Coordinating Committee (staff committee that supports the Pierce County Regional Council) was charged with developing criteria for designating Center of Local Importance with the result being recommended amendments to the Pierce County Countywide Planning Policies (CPPs). At the March 21, 2013 PCRC meeting, the PCRC recommended approval of the amended CPPs to the full County Council. The County Council held a public hearing on September 10, 2013 and approved the amended CPPs on September 24, 2013. Once the County Council takes approval action, the amended CPPs are sent to the cities and towns in Pierce County for ratification. The amendments to the CPPs become effective when 60 percent of the jurisdictions in Pierce County representing 75 percent of the total population adopt the amendments. There is an 180-day approval process for amendments to the CPPs. Jurisdictions may take action to approve or disapprove the interlocal agreement, or the absence of a legislative action to disapprove the proposed amendment by March 23, 2014 then AUBURN * MORE THAN YOU IMAGINEDDI.F Page 196 of 302 amendments are automatically in effect. Planning and Community Development Committee reviewed Resolution No. 5030 at their January 13, 2013 meeting. The Committee decided to move the item to action and recommended approval of Resolution No. 5030 to the full City Council. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Holman Staff:Chamberlain Meeting Date:January 21, 2014 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 197 of 302 _______________________ Resolution No. 5030 January 8, 2014 Page 1 of 3 RESOLUTION NO. 5 0 3 0 A RESOLUTION OF THE CITY COUNIL THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY, THEREBY AMENDING THE PIERCE COUNTY COUNTYWIDE PLANNING POLICIES FOR CENTERS OF LOCAL IMPORTANCE WHEREAS, on July 1, 1990, the Growth Management Act (the GMA) became effective (Chapter 36.70A Revised Code of Washington); and WHEREAS, the Growth Management Act requires Counties, Cities, and Towns to plan for housing affordable to all economic segments of the population; and WHEREAS, on January 31, 1995, the Pierce County Council passed Resolution R95-17 affirming the commitment of the County to continue discussions with other local jurisdictions to resolve implementation of the Growth Management Act; and WHEREAS, the Pierce County Countywide Planning Policies are written policy statements which are to be used solely for establishing a countywide framework from which the County and Municipal comprehensive plans are developed and adopted; and WHEREAS, the City participated in the amendment process and helped develop the proposed Pierce County Countywide Planning Policies through participation in Pierce County’s Growth Management Coordinating Committee (GMCC), a staff level committee that reviews amendments to the Pierce County Countywide Planning Policies and makes recommendations to the Pierce County Regional Council (PCRC); and DI.F Page 198 of 302 _______________________ Resolution No. 5030 January 8, 2014 Page 2 of 3 WHEREAS, the Pierce County Regional Council recommended adoption of the proposed amendments to the Pierce County Countywide Planning Policies on March 21, 2013; and WHEREAS, the Pierce County Council adopted Ordinance No. 2013-53s on September 24, 2013; and WHEREAS, amendments to the Pierce County Countywide Planning Policies must be adopted through amendment of the original interlocal agreement or by a new interlocal agreement ratified by 60 percent of member jurisdictions in Pierce County representing 75 percent of the total population; and WHEREAS, an interlocal agreement titled “Amendments to the Pierce County Countywide Planning Policies” was developed for the purpose of implementing the recommended amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN HEREBY RESOLVES as follows: Section 1. The amendments to the Pierce County Countywide Planning Policies are attached as Exhibit A to this Resolution. Section 2. The Mayor is authorized to execute the interlocal agreement for the purpose of amending the Pierce County Countywide Planning Policies in accordance with the requirements of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. Section 3. That a copy of the resolution and signed interlocal agreement authorizing approval shall be provided to Pierce County. Section 4. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DI.F Page 199 of 302 _______________________ Resolution No. 5030 January 8, 2014 Page 3 of 3 Section 5. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and signed this _____ day of _________________, 2014. CITY OF AUBURN _________________________ NANCY BACKUS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney DI.F Page 200 of 302 DI.F Page 201 of 302 DI.F Page 202 of 302 DI.F Page 203 of 302 DI.F Page 204 of 302 DI.F Page 205 of 302 DI.F Page 206 of 302 DI.F Page 207 of 302 DI.F Page 208 of 302 DI.F Page 209 of 302 DI.F Page 210 of 302 DI.F Page 211 of 302 Pierce County Regional Council 2401 South 35th Street, Room 228 Tacoma, Washington 98409 (253) 798-7156 February 2, 2012 To: Mayor, Staff and PCRC Representatives RE: Centers of Particular Local Interest At the meeting of the Pierce County Regional Council (PCRC) on January 26, 2012, a discussion occurred specific to “Centers of Particular Interest” as it relates to VISION 2040’s (V2040) language referring to “town centers and activity nodes” and the allocation of transportation funding. This discussion was initiated through a request by the Pierce County Transportation Coordinating Committee (TCC) with consultation with the Pierce County Growth Management Coordinating Committee (GMCC). As you are aware, we are on the verge of beginning another cycle of competition for federal funds managed by PSRC. Historically, for the Countywide share of the funds (not the Regional share), the policy has been that transportation projects in or serving local centers as well as Regional Centers were eligible to receive federal funding; however, since there was no definition or identification of these areas the TCC Scoring Committee has had to take a more subjective approach to determine if a project was really associated with a local center. Consequently, each member of the Scoring Committee has been left to determine individually which projects adequately support V2040’s “town centers and activity nodes” language. The PCRC is being asked to remove this subjectivity from this year’s Countywide funding scoring process. This may be achieved through the identification/ compilation of “Local Centers” as submitted by the County and cities and towns and agreed to by the PCRC. At this time PCRC is formally requesting a list and supporting documentation from each jurisdiction specifying its “local centers” and “activity nodes.” Supporting documentation could include any past legislative action, a completed study, a master plan or anything else a jurisdiction believes makes its case for the local significance of a particular area. The submitted local centers will be compiled on a map and presented to the GMCC along with the associated documentation. Please note that this process is completely separate from the CPPs formal process for jurisdictions to nominate new Regional Growth Centers and Manufacturing Centers. Again, it has not yet been determined by PCRC if this list will be used in the current round of Countywide competitive federal transportation funding through PSRC. If agreed to, we would use the list solely to aid in scoring application for the current (2012) funding competition. Our intention is to have the GMCC review the submitted proposals and forward a recommendation to the PCRC for consideration at its March meeting. Because of the tight timeline associated with the transportation funding process, it is vital that the GMCC be able to start reviewing any Local Centers to be considered at its next meeting on February 23. Please submit your list and supporting documentation to Toni Fairbanks, PCRC Clerk, at tfairba@co.pierce.wa.us. If you have any technical questions, please direct them through your GMCC representative to Ian Munce, imunce@ci.tacoma.wa.us. Only proposals submitted by 4:30 p.m. on February 17, 2012, will be considered. Thank you, Glenn Hull PCRC Chair. DI.F Page 212 of 302 §¨¦705 §¨¦5 UV167 UV16 UV410 UV509 UV512 UV7 UV507 UV509 UV162 UV302 UV16 UV162 UV302 UV702 UV99 UV161 §¨¦5 §¨¦5 UV7 UV7 UV161 UV7 UV410 UV165 UV165 UV509 UV161 UV161 UV410 UV167 UV512 UV161 UV7 UV162 UV16 UV167 UV161 UV7 UV16 UV99 §¨¦5 UV161 §¨¦5 Auburn Local Center Fife Center Phase 2 Community Center Fife Center Phase 1 Fife Center Phase 3 Sumner Town Center Neighborhood Center Edgewood Meridian Centers Steilacoom Town Center Milton West Activity Node Milton East Activity Node Cirque - Orchard Activity Node Downtown Business District Orting Plaza Town Center Plaza New Gate East Gate Main Gate Milton Mixed-Use Town Center South Gate 41st St Gate Liberty Gate I Street Gate Rainier Gate Dupont Gate D Street Gate Madigan Gate Center Dr Gate Scout's Out Gate Commercial Gate Logistics Center Gate Transmission Line Gate Military Family Housing Gate Sprinker Activity Node South Hill Urban Village North 112th/Canyon Road Activity Node Garfield Street / PLU Activity Node South Hill Urban Village South Graham Activity Node 176th/Pacific Ave. Activity Node Key Center Activity Node Midland Activity Node Neighborhood Center Neighborhood Center Neighborhood Center Community Center Community Center Community Center Community Center Community Center Community Center Neighborhood Center Neighborhood Center Camp Murray Gate Gig Harbor Westside Gig Harbor North Roy Gate Nisqually Rd Gate Chambers Creek Properties Activity Node Proposed Regional Growth Center Sumner / Pacific MIC Nalley Valley Candidate Center Puyallup Downtown South Hill Frederickson Lakewood Tacoma Mall Downtown Tacoma Port of Tacoma Tacoma Lakewood Puyallup Fife Sumner Dupont Edgewood Bonney Lake Gig Harbor University Place Orting Milton Auburn Fircrest Eatonville Steilacoom Roy Pacific Buckley Wilkeson Carbonado Ruston South Prairie 8T H A V E 6TH AV CA N Y O N R D E 176TH ST E 112TH ST E 288TH ST S S 19TH ST 224TH ST E 40 T H A V S 72ND ST E 264TH ST E 288TH ST E WE B S T E R R D E S J S T 352ND ST E 8T H A V S HAR T S L A K E R D S S M S T 160TH ST E S 38TH ST N 21ST ST 336TH ST S 112TH ST S 152ND ST E E L S T BR I D G E P O R T W Y W SO U T H T A C O M A W A Y S 74TH ST E P O R T L A N D A V S 56TH ST VAL L E Y A V E S U N I O N A V RU S T O N W Y P A C I F I C A V E 11T H S T STEILACOOM BLVD SW S M E R I D I A N N 26TH ST W PIONEER AL L E N R D S S A L A S K A S T S O R C H A R D S T SP A N A W A Y L O O P R D S BR I D G E P O R T W Y S W N I ST SUMNER-BUCKLEY HWY E S 25TH ST D O C K S T S 72ND ST S T A C O M A W Y 260TH ST E S 9TH ST 54 T H A V E 144TH ST NW CRA M E R R D K N 15 8 T H A V K S TA C O M A M A L L B L V D N P R O C T O R S T KI N S M A N R D E KEY P E N I N S U L A H W Y N CIRQUE DR W JOVITA BLVD E S S H E R I D A N A V LINC O L N A V BRO O K D A L E R D E GR A V E L L Y L A K E D R S W NISQUAL L Y R D S W S G S T S H O S M E R S T ST E E L E S T S 100TH ST SW PO R T O F T A C O M A R D MILITARY R D S N O R C H A R D S T 23 4 T H A V E S 64TH ST 86 T H A V N W WOLL O C H E T D R N W ECK E N S T A M J O H N S O N R D A I E 48TH ST SEHMEL DR N W PUYALLUP AV 56TH ST NW 11 8 T H A V N W EMERSON ST N TAC O M A A V V A L L E Y A V N W S I S T N V A S S A U L T S T LA K E W O O D D R W N U N I O N A V EATONVILLE HWY E 336TH ST E N SC H U S T E R P K W Y WILEY A V S C S T 45 T H A V N E RICE K A N D L E R D S 174TH ST S YOMAN R D A I S P R O C T O R S T EELLS ST 29TH ST NEN 37TH ST WASHINGTON BLVD SW STEILACOOM BLVD N 51ST ST E 72ND ST E FAIRBANKS ST N 15TH ST NOR P O I N T W Y N E 39TH AV SW E 34TH ST 2 N D S T N E CUS T E R R D S W S 36TH ST 70 T H A V E S 28TH ST STEWART RD S 34TH ST 116TH ST S 65 T H A V N E M A I N S T 96TH ST NW 24TH ST NW 288TH ST E E 11T H S T S S H E R I D A N A V S O R C H A R D S T N 37TH ST NO R P O I N T W Y N E OR V I L L E R D E 8T H A V S WA L L E R R D E 128TH ST E 304TH ST E 112TH ST E B S T E 22 N D A V E 104TH ST E C S T S 84TH ST E VI C K E R Y A V E S 12TH ST 20TH ST E 21 4 T H A V E 208TH ST E S T Y L E R S T 48 T H A V S 224TH ST E E MAIN N 30TH ST O R T I N G K A P O W S I N H W Y E 80TH ST E 144TH ST E SH A W R D CENTER ST PI O N E E R W Y E 67 T H A V W 86 T H A V E 94 T H A V E 96TH ST S 70 T H A V E 11 0 T H A V E GO L D E N G I V E N R D E 260TH ST E 200TH ST E WO O D L A N D A V E MC K I N L E Y A V 24TH ST E ALDE R C U T O F F R D E SOUTH PRAI R I E R D E PT F O S D I C K D R N W PA R K A V S 44 T H A V E TA Y L O R W Y S 15TH ST 21 8 T H A V E 15 8 T H A V E W E S T V A L L E Y H W Y E E 64TH STS 66TH ST BI N G H A M A V E 40TH ST NW PE A C O C K H I L L A V N W GR A N D V I E W D R W 72 N D A V S S 48TH ST KAPOWSIN HWY E A S T 23RD AV SE RA Y N A S H D R N W E A T O N V I L L E C U T O F F R D E MY E R S R D E CR E S C E N T V A L L E Y D R N W 99TH ST E PO R T L A N D A V E E A S T V A L L E Y H W Y E HUNT ST NW 416TH ST E E D S T T A C O M A A V S S 56TH ST STEI L A C O O M - D U P O N T R D S W S 84TH ST VALLEY A V E 62 N D A V E PACIF I C H W Y S W 8TH ST E 38 T H A V N W FR E E M A N R D E 280TH ST S 14 2 N D A V E 240TH ST E 320TH ST E 121ST ST E ONYX DR SW 168TH ST E AL A M E D A A V S P I N E S T E A L E X A N D E R A V Y A K I M A A V 152ND ST E REI D D R N W 12 2 N D A V E JENSEN RD E STRINGTOWN RD E W STEWAR T 23 4 T H A V E 27TH ST W 108TH ST S S O U T H T A P P S D R E TI S C H R D S 36TH ST E AN G E L I N E R D E 16 T H A V S 50 T H A V E 340TH ST E 14 T H A V N W 32ND ST E 48TH ST E ZIRCON DR S W 31ST AV SW 23 0 T H A V E NO R T H L E V E E R D E 9TH ST E SUNRISE BLVD E PATTERSON RD E 138TH ST S WE S T T A P P S D R E S 11TH ST 116TH ST S 102ND ST S VA L L E Y A V 8T H A V E 14 6 T H A V E 304TH ST S 9T H A V F I CIRQUE DR W A P T U B B S R D E MU N D Y L O S S R D E 320TH ST S 172ND ST E UN I O N A V 150TH ST SW SU N S E T D R W MCC U T C H E O N R D E B R O W N S P O I N T B L V D E A S T B A Y D R N W JOHNS RD E ROSEDALE ST NW 11 4 T H A V E SC H U D Y R D S BROO K D A L E R D E 66 T H A V E 34 T H A V E 56 T H A V S 46 T H A V E 90TH ST E RIVERSIDE D R E 84TH ST S 9T H S T S W 39TH AV SE ROSEDALE ST E PIONEER 52ND ST E S 19TH ST 274TH ST E 336TH ST S EDWARDS RD E 120TH ST E GO O D R I C H D R N W N 46TH ST 10 8 T H A V E 97TH ST E 192ND ST E FOX DR FI 40TH ST E 18 2 N D A V E N LEVEE RD FA R W E S T D R S W TU L E L A K E R D S 24TH ST KS 94 T H A V N W H A L L S T R O M D R N W 180TH ST E PR A I R I E R I D G E D R E SO U N D V I E W D R CREVI S T O N D R N W 96TH ST E104TH ST SW VETERANS DR SW STONE DR NW MATHIAS RD E STEWART A V E 70 T H A V N W WARRE N D R N W 11 8 T H A V N W HI P K I N S R D S W 38 T H A V E 16 6 T H A V E BORGEN BLVD 58 T H A V E 78 T H A V E 36TH ST NW 46 T H A V N W HA R B O R V I E W D R 112TH ST SW MO L L E R D R N W LO C U S T A V E 138TH ST E 16TH ST E KOPA C H U C K D R N W CO U N T R Y D R E UNION A V S W SH A W R D E 145TH ST E S 47TH ST N A S S A U A V N E P H I L L I P S R D S W LO C K E D R S BU C K L E Y - T A P P S H W Y E 62 N D A V N E FR U I T L A N D A V E B U R N H A M D R N W 1 3 4 T H A V E W O L L O C H E T D R N W 62 N D A V N W S S T E V E N S S T CHURCH LAKE RD E 78 T H A V N W FR Y A R A V 12 6 T H A V K N KAMUS DR FI MARSHALL AV 2 1 0 T H A V E LOVASS R D A I MC K I N L E Y A V E S 8TH ST VA L E N T I N E A V S E 49 T H A V N E THO M A S R D K N 144TH ST NW CAMUS RD AI G E M H E I G H T S D R E ISLA N D B L V D F I 32ND ST NW L Y O N S D R S N NA R R O W S D R MAIN ST E FORD DR NW 75TH ST W 24 T H A V E 48 T H A V E 51ST ST NE BONNEY LAKE BLVD E 50 T H A V N W ME A D O W R D S W ST PAUL A V CENTER S T E TAYLOR ST E 11 T H A V F I CHRISTENSEN M U C K R D E 3R D A V F I 24 T H A V S 280TH ST E MIL W A U K E E A V E 136TH ST E 296TH ST S 133RD ST E 12 6 T H A V E 11 8 T H A V E 54 T H A V E 7 6 T H A V E 212TH ST E 122ND ST E 26 T H A V N W P I O N E E R W Y 59 T H A V S W EUS T I S H U N T R D E 6T H A V F I 15 0 T H A V E 87 T H A V S W 25TH ST E31ST ST W 66 T H A V N W 14 2 N D A V K S 12 2 N D A V K N N 26TH ST M A R K E T S T 43RD AV SE 37TH AV S E 64TH ST E 12TH ST E 11 5 T H A V N W RESE R V O I R R D E 128TH ST NW 160TH ST E 54TH ST W KNOBL E R D E 131ST ST E MILITARY RD E 11 1 T H A V E DU R A N G O S T S W MCCHORD DR S W ARTONDAL E D R N W 34 T H A V N W LA K E J O S E P H I N E A V A I 58 T H A V N E WESTGATE BLVD 71ST ST E DANA DR NW DANFORTH ST NW 54 T H A V N W 23 3 R D A V E KELLY LAKE RD E 91 S T A V S W 200 T H A V C T E YA K I M A A V S 92 N D A V E 10TH ST E 74 T H A V E 19 8 T H A V E 11 4 T H A V C T E 10 T H A V F I GRIGGS RD E 160TH ST S 22 N D A V N W 13 T H A V C T E 78TH ST E 336TH ST S 80TH ST E A S T FR U I T L A N D A V E 24TH ST E 122ND ST E 96TH ST E 11 4 T H A V E 64TH ST E 38 T H A V E 240TH ST E 12 2 N D A V E 152ND ST E 96TH ST E 192ND ST E 78 T H A V E 86 T H A V E A S T 38 T H A V E 120TH ST E 12 6 T H A V E 78 T H A V N W JOHNS R D E 62 N D A V N W 96TH ST E 54 T H A V E 70 T H A V E 112TH ST SW 14 T H A V N W YA K I M A A V 200TH ST E MA I N S T E 32ND ST E 78 T H A V E WO O D L A N D A V E 21 4 T H A V E 16TH ST E 12 2 N D A V E 48TH ST E 144TH ST E PIONEER WY E PA R K A V S µ Regional CentersCandidate Centers&Proposed Local Centersfor 2012 STP / CMAQFunding Competition March 2012 00.751.52.253Miles The map features are approximate and are intended only to provide an indication of said feature. Additional areas that have not beenmapped may be present. This is not a survey. Orthophotos and other data may not align. The County assumes no liability forvariations ascertained by actual survey. ALL DATA IS EXPRESSLY PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’. The County makesno warranty of fitness for a particular purpose. Legend Pier c e County Centers Local Centers Regional MFG / IND Centers Regional Candidate Centers Regional Growth Centers !JBLM Gates Cities in Pierce County Federal / State Land DI.F Page 213 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5031 Date: January 15, 2014 Department: Planning and Community Development Attachments: Resolution No. 5031 Exhibit A - Comprehensive Downtown Parking Management Plan (CDPMP) CDPMP - Appendices A Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: Resolution No. 5031 proposes to adopt the Comprehensive Downtown Parking Management Plan, (CDPMP), which will guide parking policy development and implementation within downtown Auburn within the following framework: l To manage existing parking assists, assess current parking demand, forecast future parking needs, and develop a first-rate downtown paring system as an additional amenity that keeps up with existing businesses, projects underway, and future development; and l To balance business, residential, visitor, and commuter parking needs in light of redevelopment and increased transit service. Work on the CDPMP commenced in August 2011, following adoption of the Draft Work Plan by the Planning and Community Development Committee in July 2011. The draft Downtown Urban Center (DUC) On-Street and Off-Street Parking Supply and Demand Analysis (Task 1) was presented to the Planning and Community Development Committee in October 2011 and revised in December 2011. Staff subsequently revised the analysis in December 2011, inclusive of feedback received from the Planning and Community Development Committee and updated data for several City-owned off-street parking lots in downtown Auburn. The draft Downtown Parking Survey Report (Task 2) was presented to the Planning and Community Development Committee in July 2012. The report summarizes responses from Auburn Citizens at-large, downtown Auburn business and property owners, and a AUBURN * MORE THAN YOU IMAGINEDDI.G Page 214 of 302 diverse cross-section of stakeholders to the Downtown Parking Survey conducted in May 2012, which gauged perception of existing parking and the preferred methods of moving forward in meeting future parking needs in downtown Auburn. The draft CDPMP table of contents was presented to the Planning and Community Development Committee in October 2012; the draft CDMPM (Tasks 3 and 4), which incorporated and refined the findings of the existing DUC On-Street and Off-Street Parking Supply and Demand Analysis and Downtown Parking Survey, was presented to the Planning and Community Development Committee in August. The Planning and Community Development Committee did not express any feedback that necessitated revision of the draft CDPMP presented. The Auburn Transit Center parking portion of the CDPMP was further discussed with the Planning and Community Development Committee in November 2013 and refined per the feed back received. Adoption of the CDPMP (Task 5) culminates the Draft Work Plan. The CDPMP was recommended for approval by the Planning and Community Development Committee on January 13, 2014, as the lead action committee. The second committee review is the Public Works Committee. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Holman Staff:Chamberlain/Yao Meeting Date:January 21, 2014 Item Number:DI.G AUBURN * MORE THAN YOU IMAGINEDDI.G Page 215 of 302 ---------------------------------- Resolution No. 5031 February 3, 2014 Page 1 of 5 RESOLUTION NO. 5031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE COMPREHENSIVE DOWNTOWN PARKING MANAGEMENT PLAN (CDPMP) FOR PARKING POLICY DEVELOPMENT AND IMPLEMENTATION IN DOWNTOWN AUBURN WHEREAS, the City of Auburn on May 21, 2001 adopted the Auburn Downtown Plan as a subarea plan of the City of Auburn’s Comprehensive Plan; and WHEREAS, the Auburn Downtown Plan enumerates a vision of continuous revitalization of downtown Auburn as the physical and cultural heart of the Auburn community and development of a mixed-use district; and WHEREAS, parking is an essential component in facilitating the Auburn Downtown Plan’s vision; and WHEREAS, the City of Auburn identified an increasing need to balance competing parking user demands, anticipated redevelopment of the Auburn Junction blocks and other redevelopment activity in downtown Auburn, and anticipated expansion of Sounder commuter train services; and WHEREAS, the previous comprehensive parking plan entitled the Downtown Parking Plan was adopted by the City of Auburn in 1996 by Resolution 2826; and WHEREAS, the Planning and Community Development Committee of City Council adopted the Draft Work Plan for the Comprehensive Downtown Parking Management Plan (‘CDPMP’) on July 11, 2011 to develop and adopt a new comprehensive parking plan to supersede the 1996 Downtown Parking Plan; and DI.G Page 216 of 302 ---------------------------------- Resolution No. 5031 February 3, 2014 Page 2 of 5 WHEREAS, City of Auburn staff commenced work on the CDPMP in August 2011; and WHEREAS, the draft Downtown Urban Center (DUC) On-Street and Off-Street Parking Supply and Demand Analysis was presented to and discussed by the Planning and Community Development Committee of City Council on October 24, 2011; and WHEREAS, the draft Downtown Urban Center (DUC) On-Street and Off-Street Parking Supply and Demand Analysis was revised in December 2011; and WHEREAS, public participation in the development of the CDPMP was solicited from Auburn citizens at-large, downtown Auburn business and property owners, and a diverse cross-section of stakeholders through the Downtown Parking Survey conducted in May 2012; and WHEREAS, the Downtown Parking Survey Report was presented to and discussed by the Planning and Community Development Committee of City Council on July 9, 2012; and WHEREAS, the scope of the CDPMP was presented to and discussed by the Planning and Community Development Committee of City Council on October 8, 2012; and WHEREAS, the draft CDPMP was presented to and discussed by the Planning and Community Development Committee of City Council on August 26, 2013 and further discussed by Planning and Community Development Committee of City Council on November 25, 2013; and DI.G Page 217 of 302 ---------------------------------- Resolution No. 5031 February 3, 2014 Page 3 of 5 WHEREAS, the Planning and Community Development Committee of City Council recommended approval of the draft CDPMP to the full Auburn City Council on January 13, 2014; and WHEREAS, the Public Works Committee of City Council concurred with the recommendation of Planning and Community Development Committee on January 21, 2014; and WHEREAS, upon the recommendation of staff, City Council determines that adoption of the CDPMP will facilitate the Auburn Downtown Plan’s vision and is therefore in the best interest of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN, AS FOLLOWS: Section 1. Adoption. The Comprehensive Downtown Parking Management Plan (‘CDPMP’), comprised of the following documents: (1) “Comprehensive Downtown Parking Management Plan (CDPMP)” dated January 7, 2014 and (2) “Comprehensive Downtown Parking Management Plan (CDPMP) – Appendices” dated January 7, 2014, all of which are marked as “Exhibit A” with the original resolution and on file with the Auburn City Clerk, is hereby adopted and approved by reference as if fully set forth herein as a guidance document for parking policy development and implementation in downtown Auburn. It is herewith directed that all of the documents listed which comprise the CDPMP be available at the City Clerk’s Office for public inspection. Section 2. The Downtown Parking Plan, adopted by the City of Auburn by Resolution 2826 is hereby supplanted by the CDPMP. In the event of any conflict, the CDPMP shall control. DI.G Page 218 of 302 ---------------------------------- Resolution No. 5031 February 3, 2014 Page 4 of 5 Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this resolution are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. DI.G Page 219 of 302 ---------------------------------- Resolution No. 5031 February 3, 2014 Page 5 of 5 Section 5. Effective date. This resolution, adopting the Comprehensive Downtown Parking Management Plan (‘CDPMP’), shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ NANCY BACKUS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ DI.G Page 220 of 302 Comprehensive Downtown Parking Management Plan (CDPMP) January 2014 DI.G Page 221 of 302 DI.G Page 222 of 302 Mayor Nancy Backus City Councilmembers Rich Wagner, Deputy Mayor Claude DaCorsi John Holman Wayne Osborne Bill Peloza Yolanda Trout Largo Wales Prepared by: Planning and Community Development Department Jeff Tate, Interim Planning Director Elizabeth Chamberlain, Planning Services Manager Gary Yao, Planner DI.G Page 223 of 302 DI.G Page 224 of 302 Executive Summary 1. Introduction 1.1 - Purpose and Approach1.2 - Plan Components1.3 - Plan Area and Applicability1.4 - 7 Simple Rules of Planning for Parking 2. The Parking System 2.1 - Existing Parking Infrastructure, Resources, and Usage2.2 - Future Parking Infrastructure, Resources, and Usage2.3 - Parking Organization, Management, Planning, and Investment2.4 - Parking Operations, Maintenance, and Marketing and Communications 3. Parking Case Studies 3.1 - Parking Organization, Management, Planning, and Investment3.2 - Parking Operations, Maintenance, and Marketing and Communications 4. The Parking Best Practices Toolbox 4.1 - How to Use the Toolbox Figure 4.1.1 - The Toolbox 5. The Parking Action Plan 5.1 - Near-Term Recommendations5.2 - Short-Term Recommendations (1-5 Years)5.3 - Long-Term Recommendations (6-10 Years) Appendix A 1 3 3457 8 8143235 38 3843 51 51 52 54 545661 DI.G Page 225 of 302 DI.G Page 226 of 302 Executive Summary The Comprehensive Downtown Parking Management Plan (CDPMP), which primarily addresses parking policy within the Downtown Urban Center (DUC) zoning district, begins with an overview of the plan’s purpose and approach: • To manage existing parking assets, assess current parking demand, forecast future parking needs, and develop a first-rate downtown parking system as an additional amenity that keeps up with existing businesses, projects underway, and future development; and • To balance business, residential, visitor, and commuter parking needs in light of redevelopment and increased transit service. The CDPMP is also guided by the 7 Simple Rules of Planning for parking: • Pinpoint the Parking• Strike a Balance• Crown the Customer King• Provide “Free” Parking• Reduce the “Last Mile”• Clarify the Code• Change It Up The plan then moves into an overview of the City’s parking system, including existing and future parking infrastructure and resources available and existing and future usage: • Of the approximately 4,879 parking spaces available inventoried as of December 2011, parking areas that experience particularly vexing problems of high occupancy are limited to Wayland Arms (King County Housing Authority) block and Multicare Auburn Medical Center blocks for on-street parking and (on weekdays) the Auburn Transit Center garage and surface parking lot blocks for off-street parking. • In the short term (5 years) there is an anticipated increase in parking demand of approximately 1,483 spaces and increase in parking supply of approximately 806 spaces. At peak hour, considering existing public on- and off-street parking spaces available in the entire DUC, a 243-space deficit is anticipated. • In the long term (10 years) there is an anticipated cumulative increase in parking demand of approximately 1,873 spaces and cumulative increase in parking supply of approximately 806 spaces. At peak hour, considering existing public on- and off-street parking spaces available in the entire DUC, a 633-space deficit is anticipated. Other components of the City’s parking system are the existing organizational and management structure, planning efforts, investment strategies, operations, and maintenance. Opportunities for improvement highlighted include: • Increase in coordination between City departments and divisions with regards to the parking system’s various components (on-street, off-street, citations, marketing, etc.);• Increase in regularity of planning for parking;• Increase in planning for parking impacts on special event days;• Continued coordination with police and potentially increase parking enforcement; and• Refinement of marketing and communications for the parking system. 1DI.G Page 227 of 302 Case studies follow the review of these parking system components. Parking best practices, including those from the aforementioned case studies, are then summarized and collected into the Best Practices Toolbox (table), based on feedback from the parking surveys received from Downtown businesses and citizens and staff’s research and experience related to parking. Not all best practices are applicable to Downtown Auburn at this time. As such, the recommended actions for each best practice are identified as follows: continuation, modification, implementation, or no action. See Chapter 4 of the CDPMP for the entirety of the best practices toolbox. The CDPMP closes with a detailed action plan of existing best practices that the City can draw from for modification or implementation. The action plan includes proposed near-term recommendations (up to 1 year), short-term recommendations (1-5 years), and long-term recommendations (6-10 years), as follows: Near-Term (up to 1 year) • Revise timed parking limits to 3 hours throughout the DUC• Clarify existing code and implement a parking inventory database• Update the City’s website to make more useful for parking seekers• Design and install updated signs for on-street parking identifying availability and rules Short-Term (1-5 Years) • Expand and modify the residential parking zone beyond D ST NW per demand• Plan for spillover areas on the fringe of downtown• Designate one department or division that is the single point of contact for all parking-related matters, despite whatever organizational structure exists behind-the-scenes• Regularly readjust current parking practices at least every 5th year• Regularly reevaluate peak parking supply and demand every year• Evaluate funding options and implement a multi-faceted plan to finance additional public parking for anticipated parking deficits• Establish a parking ambassador program• Require organizers to better plan for special events• Develop and implement a 3-strikes parking enforcement policy• Design and install easy-to-read off-street parking signs• Create alerts for parking availability-impacting maintenance and construction activity• Design and install trailblazer signs to direct drivers to available off-street public parking Long-Term (6-10 Years) • Increase transit access, citywide/regionally• Revise timed parking limits, as needed• Continue to plan for spillover areas on the fringe of downtown• Increase transit access, around downtown 2 DI.G Page 228 of 302 1. Introduction 1.1 – Purpose and Approach The Comprehensive Downtown Parking Management Plan (CDPMP) serves the same vision enumerated for downtown in the City’s Auburn Downtown Plan and Comprehensive Plan: to support the continuous revitalization of downtown Auburn as the physical and cultural heart of the Auburn community and development of a mixed-use district. To facilitate that vision, the CDPMP is a concerted effort to manage existing parking assets, assess current parking demand, forecast future parking needs, and develop a first-rate downtown parking system as an additional amenity that keeps up with existing businesses, projects underway, and future development. Initiative for developing the CDPMP emerged in a downtown Auburn at the crossroads of: • Balancing business, residential, visitor, and commuter parking needs in downtown; • Evolving parking demands in downtown, including a new sushi restaurant and gym on E Main ST and additional anticipated redevelopment in the Auburn Junction blocks south of City Hall, the fruits of various downtown public art programs and multi-million dollar investments in streetscape and infrastructure improvements; and • Expansion of Sounder commuter train services. The first step towards the CDPMP were taken with the approval of the Draft Work Plan by the Planning and Community Development Committee in July 2011. It has since progressed as follows: • October 2011 – Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis was completed. The analysis inventoried all of the parking spaces available within downtown, whether public or privately owned, and their occupancies throughout the day. • December 2011 – Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis was revised to reflect changes to the user-type for City-owned and/or –operated surface parking lots. • July 2012 – Citizens Survey/Business and Property Owners Survey/Stakeholder Interviews gauged people’s perceptions of parking in downtown, the anecdotal statistics of the parking experience. • August 2013 – Comprehensive Downtown Parking Management Plan (CDPMP) draft is completed. The CDPMP combines the previously gathered numerical and anecdotal statistics of parking in downtown with professional staff insight and experiences of other jurisdictions. • January 2014 – CDPMP is presented to the Planning and Community Development Committee for finalization and adoption of an administrative framework for staff to implement a first-rate parking system in downtown. • Future date – Public open houses will be conducted for further refinement of the CDPMP in future iterations. 3DI.G Page 229 of 302 1.2 – Plan Components The CDPMP is organized into four components: the Parking System (Chapter 2), Parking Case Studies (Chapter 3), Parking Best Practices Toolbox (Chapter 4), and Parking Action Plan (Chapter 4). Chapter 2 examines the existing parking system, with a focus on City-owned and City-run parking in terms of physical parking resources, administration and planning, operations, and marketing. The chapter is divided into the following sections: Existing and Future Infrastructure, Resources, and Usage • How many and where are parking spaces located?• Where are the most vexing parking issues?• What are occupancy trends in downtown overall?• How will parking demand change over time?• How many parking spaces are expected to be added? Organization, Management, Planning, and Investment • Who in the City is responsible for what?• How has the City planned for parking in the past?• How does the City plan for parking in the future?• How and when does the City invest in additional parking spaces? Maintenance and Operations • How does the City’s parking operate on a daily basis?• How are parking regulations enforced?• How are permit fees and violation fines paid?• How are the City’s parking resources maintained? Marketing and Communications • How does the City get word out about parking options for businesses, residents, visitors, and commuters?• How does the City show where parking is located? Chapter 3 presents case studies of how the above-referenced parking system components are operated in other jurisdictions and institutions. Some policies and practices presented are intended to be best practices (whose applicability to the City is analyzed in Chapter 4) while others serve as cautions. Chapter 4, following review of the City’s existing parking system and case studies, presents the various best practices employed in the provision of parking, parking demand management, and operations of a parking system. Not all policies and practices listed in the toolbox are intended to be applicable for the City in this iteration of the CDPMP; instead, it is a collection of tools that should be considered whenever the City is looking to fine-tune its parking system. Chapter 5, the final part of the CDPMP, assembles a recommended action plan of near-term (up to 1 year implementation), short-term (1-5 year implementation), and long-term (6-10 year implementation) changes to the City’s parking system. 4 DI.G Page 230 of 302 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) SR-18 1.3 – Plan Area and Applicability The CDPMP, in terms of geographic implementation, primarily addresses parking policy within the Downtown Urban Center (DUC) zoning district, which includes the Auburn Junction blocks where development activity of significant scale is expected (Figure 1.3.1). 5 Figure 1.3.1 - Map of Downtown Urban Center (DUC) and Auburn Junction The physical effects of parking policies applicable to the DUC, however, may not be necessarily quarantined within the politically defined boundaries of the DUC. In response to that potential, staff have identified DI.G Page 231 of 302 Potential Parking Spillover Areas (PPSAs) (Appendix A) where impacts of DUC parking policies may warrant extension of DUC parking policies into those areas (or at the very least, consideration of toolbox best practices in Chapter 4) to diffuse the impacts. PPSAs were identified based on the following criteria: • Areas within ¼-mile from the DUC and Downtown Business Improvement Area (BIA), whose boundaries include areas not otherwise included within the DUC; and • Where availability of on-street public parking is potentially impacted by spillover parking demand generated from the DUC and BIA and/or large businesses, institutions, public gathering places, and other high parking demand uses within the PPSAs themselves. Operationally speaking, the CDPMP’s recommended action plan in Chapter 5 primarily focuses on City- owned and City-run parking resources. Many best practices identified in the toolbox in Chapter 4, especially those applicable to parking in private development, have already been adopted as part of the development regulations applicable to the DUC contained in Auburn City Code (ACC) Chapter 18.29 or in the Downtown Urban Center Design Standards. 6 DI.G Page 232 of 302 1.4 – 7 Simple Rules of Planning for Parking The 7 Simple Rules of Planning for Parking serve as guiding principles for development of Auburn-specific parking policy in this iteration of the CDPMP. They derive from the parking supply and demand realities observed in downtown Auburn, the feedback about downtown parking received1, and staff analysis of parking approaches taken in other jurisdictions. 1. PINPOINT THE PARKING Direct people effectively and efficiently to available parking. There is not a parking supply problem everywhere, all the time. 2. STRIKE A BALANCE Address the needs of overlapping and/or competing parking interests. In downtown Auburn, these needs are broadly identified as those of residents, businesses, visitors, and commuters. 3. CROWN THE CUSTOMER KING Prioritize visitor parking. Make visitor parking as easy as possible in prime locations. 4. PROVIDE “FREE” PARKING Avoid paid parking, whenever possible. While parking is never truly without costs, visitors, residents, businesses, and commuters should shoulder part of those costs only as a last resort. 5. REDUCE THE “LAST MILE” Shorten the distance, perception-wise, between parking space and destination. The vibrantly urban, compact, and walkable mixed-use character that downtown Auburn continues to grow into is inherently incompatible with the provision of plentiful home-, office-, store-, and restaurant- front parking. 6. CLARIFY THE CODE Write code that streamlines the process of parking system organization, management, planning, maintenance, and operations. 7. CHANGE IT UP Reassess each component of the CDPMP to meet current needs, as parking system conditions change and new parking best practices emerge. The CDPMP is not intended to be static; it merely establishes the framework for fine-tuning the parking system at any given time. 7 1 Besides specific problematic parking areas, responses from the Downtown Parking Survey conducted in July 2012 also identified the following parking concerns: the distance between parking space and destination, non-residents parking on residential streets, confusing and/or lack of parking signage, and the poor design of parking spaces. DI.G Page 233 of 302 2. The Parking System 2.1 – Existing Parking Infrastructure, Resources, and Usage EXISTING INFRASTRUCTURE AND RESOURCES According to the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which cross- referenced code-specified parking and available Public Works data with physical observations for on- street parking and cross-referenced the City’s and Google Maps’ aerial imagery and previous studies and reports with physical counts for off-street stalls, there were a total of 4,8792 parking spaces in the DUC as of December 2011. The different types of parking available, along with the general locations of each type (Figures 2.1.1 and 2.1.2), are as follows: • On-street public parking (unlimited time, time-limited, permit only, and loading zones) Locations: almost all blocks in the DUC • Off-street public parking (time-limited) Locations: within one to two blocks from E/W Main ST,between the Auburn Justice Center and the Burlington Northern-Santa Fe (BNSF) railroad tracks • Off-street permit parking3 (unlimited time) Locations: within one to two blocks from E/W Main ST,between the Auburn Justice Center and the BNSF railroad tracks • Off-street private parking Locations: almost all blocks in the DUC All on-street and off-street public and permit parking spaces in the DUC are located within an approximately 1/4-mile walking distance4 from Auburn Transit Center, Auburn Junction, and Multicare Auburn Medical Center blocks, where demand is currently and anticipated to be the highest (see ‘EXISTING USAGE’ under Chapter 2.1 and ‘FUTURE USAGE’ under Chapter 2.2). This includes parking spaces located across C ST NW/SW and the BNSF railroad tracks to the west for Auburn Transit Center and Auburn Junction blocks and parking spaces located across Auburn Ave N/A ST SE and Auburn Way N/S to the east for Auburn Junction and Multicare Auburn Medical Center blocks (Figure 2.1.3). That being said, there is opportunity for improvement in east-west connections to parking spaces. 8 2 Excluding on- and off-street public and private parking spaces inaccessible due to S Division ST Promenade construction, other off-street private parking spaces in lots inaccessible for data collection, and single-family off-street private garage and driveway parking; this underestimates the number of parking spaces as of January 2014. See ‘Chapter 3 – Methodology’ in the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis for how parking supply in the DUC was specifically measured. 3 Including City employee and non-police fleet parking. 4 The widely adopted walking distance that a transit user will tolerate between point of origin and transit station. DI.G Page 234 of 302 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) On-Street PermitParking On-Street PublicParking SR-18 9 Figure 2.1.1 - Location of On-Street Parking Approximately 1/5 of parking spaces in the DUC are City-owned and/or City-run; the remainder are provided by the private sector. Neither the City nor the private sector currently provide hourly or daily paid parking. Paid parking in the City is limited to monthly permit parking provided by the City and parking provided as part of commercial and residential unit sales and leases in the private sector. EXISTING USAGE According to the occupancies observed in the Downtown Urban Center On- and Off-Street Parking Supply and Demand DI.G Page 235 of 302 WestAuburnSr HS AuburnTransitCtr CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Private Off-Street Parking Permit Off-Street Parking Public Off-StreetParking No Off-StreetParking SR-18 AuburnJunction 10 Analysis, the DUC as a whole skews toward higher parking occupancy during the first half of the day and specifically experiences peak parking occupancy during lunchtime (11am-2pm)5 on weekdays. While not an exact daily occupancy for all days in the DUC, it was observed for the Analysis that during this time 2,666 Figure 2.1.2 - Location of Off-Street Parking 5 Morning (9-11am), lunchtime (11am-2pm), afternoon (2-5pm), and evening (5-7pm) time segments per the Downtown Urban Center On-and Off-Street Parking Supply and Demand Analysis. DI.G Page 236 of 302 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) .25mi Radius ofMulticare AuburnMedical Ctr Blocks .25mi Radius ofAuburn TransitCtr Blocks .25mi Radius ofAuburn Junction SR-18 11 parking spaces are occupied (56%) and 2,213 parking spaces are available (44%). On the weekend, the DUC experiences peak parking occupancy during daytime Saturday6, with 1,721 (35%) parking spaces occupied and 3,158 (65%) spaces available. 6 Due to limited resources, data collected on weekends for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis was limited to daytime and nighttime only, rather than specific time segments. For the same reason, off-street parking occupancies are extrapolated, as off-street parking observed does not include all off-street parking spaces in the DUC. Figure 2.1.3 - Parking Within Walking Distance (1/4 Mile) DI.G Page 237 of 302 Block-by-block, peak parking occupancy also occurs during lunchtime on weekdays, with the average block 43% occupied. Few blocks, even when considering on- and off-street parking separately, ever exceed 85% occupied, the widely adopted threshold for optimal parking occupancy espoused by Donald Shoup, parking professor, researcher, economist, and author of The High Cost of Free Parking. For those blocks that do, very few exceed 85% occupancy for more than one time segment per day. There are 2 types of blocks with on- or off-street parking that exceed 85% occupancy throughout the day (Figure 2.1.4). The less problematic are blocks with available parking spaces nearby when exceeding 85% occupancy (blocks of moderate concern). For example, >85% occupancy in on-street parking on one block is potentially negated with <85% occupancy in off-street parking on the same block and/or <85% occupancy in on- or off-street parking within a 2-block radius. Blocks that fall into this category include the Auburn Avenue Theater, Truitt Building, and Agrishop blocks for on-street parking and the Truitt Building and (on the weekend) Multicare Auburn Medical Center blocks for off-street parking. The more vexing blocks are those without available parking spaces nearby when exceeding 85% occupancy (blocks of heavy concern). These include the Wayland Arms (King County Housing Authority) block and Multicare Auburn Medical Center blocks for on-street parking and (on weekdays) the Auburn Transit Center garage and surface parking lot blocks. 12 DI.G Page 238 of 302 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) Blocks of ModerateConcern Blocks of HeavyConcern SR-18 13 Figure 2.1.4 - Blocks of Parking Concern (Existing) DI.G Page 239 of 302 14 2.2 – Future Parking Infrastructure, Resources, and Usage FUTURE INFRASTRUCTURE AND RESOURCES Prior to the Comprehensive Downtown Parking Management Plan (CDPMP), there has been no recent consideration by the City to expand on- and off-street parking resources in the DUC. Per the Comprehensive Transportation Plan, only one future roadway capacity improvement project identified (F ST SE between 4th ST SE and Auburn Way S) includes the addition of on-street parking and is located outside of the DUC. Additionally, neither land acquisitions for off-street parking nor improvement of existing municipal properties for off-street parking have been identified in the 2013-2018 Capital Facilities Plan. The Auburn Transit Center garage and surface parking lots (Figure 2.2.1), which are already at capacity, are not operated by the City, but by Sound Transit. While Sound Transit committed to a second Auburn Transit Center parking garage as part of the Sound Transit 2 package of improvements approved by voters in 2008, and the Comprehensive Transportation Plan recommends that Sound Transit immediately work with the City to create the additional parking, the facility has been put on hold as funding has not been identified. Funding of $1.3 million to $1.5 million, however, does exist from Metro for an Auburn Transit Center- adjacent parking facility that serves commuters during weekdays and other users at all other times, though no specific site has been selected and acquired. The funding originates from the sale agreement for the existing Metro park and ride near 15th ST NE and A ST NE, but no construction date has been forecasted. While the City is open to discussing interim Sound Transit and Metro parking solutions, the planned permanent Sound Transit- and Metro-funded parking spaces are therefore not included as available future supply7. Instead, any physical expansion of overall parking supply in the foreseeable future is anticipated to be code-required off-street parking constructed for private development in the DUC only. As of the report’s writing, only plans for one project has emerged that will noticeably increase parking supply in the DUC. The project occupies half of the northeastern block of Auburn Junction, where Figure 2.2.1 - The Auburn Transit Center garage (above) and surface parking lots (bottom) are already at capacity. 7 Though not anticipated, Scenario 1b in the ‘FUTURE USAGE’ subsection includes as available future supply the number of Sound Transit- and Metro-funded parking spaces matching the anticipated increase in transit demand, solely as basis for analysis of existing public parking resources’ ability to accommodate non-transit demand. DI.G Page 240 of 302 development activity of significant scale is expected to occur8 in downtown Auburn. Per the plans received by the Planning and Development Department, the project will be a 5-story, 126- unit, commercial/residential mixed use building (Figure 2.2.2) providing a net increase of 1109 parking spaces to the parking supply identified in the Downtown Urban Center On-and Off-Street Parking Supply and Demand Analysis. Three (3) additional blocks of mixed use buildings totaling about 693 units are expected to be constructed in Auburn Junction10 and about 693 parking spaces will be added to the DUC’s parking supply11. Other potential private development and redevelopment activity in the DUC is unlikely to result in increases to the DUC’s overall parking supply. The Market Analysis prepared for the City by Gardner Economics in 2011 noted that structured and underground parking is the biggest barrier to development in the Auburn Junction blocks. In addition, the Auburn Junction Design Guidelines allow for exemption from providing on-site parking for non-residential uses if “adequate parking in public rights-of-way and offsite public facilities” can be demonstrated. For the rest of the DUC, ACC Section 18.29.060(H) also specifies that changes of use in existing buildings, expansions of not more than 25% in floor area, and new retail and restaurant developments of less than 3,000SF are exempt from providing any additional parking spaces at all. While any development or redevelopment activity in the DUC outside of those exemptions are required to contribute to contribute a fee in lieu of providing required parking spaces, the date of construction for a City parking structure, if any, is indeterminate. As such, about 803 parking spaces are anticipated to be added to the DUC overall in the foreseeable future. FUTURE USAGE Parking demand forecasting performed for the DUC derives from known projects in the pipeline, the Market Analysis, Sound Transit’s June 2013 CEO Report, and Sound Transit’s 2012 Station Access Analysis. The three (3) documents identify the primary demand- impacting trends and activities, as follows: 15 Figure 2.2.2 - Rendering of the proposed 5-story, 126-unit, commercial/residential mixed use building in the northeastern block of Auburn Junction. 8 Plans have been received for the northeastern block. The mostly City-owned southeastern and southwestern blocks sold October 2013. See ‘FUTURE USAGE’ subsection for detailed demand modeling. 9 The project will provide 54 parking spaces and repurpose the existing Cavanaugh parking structure, whose 56-space second floor was not included in the parking supply in the Downtown Urban Center On-and Off-Street Parking Supply and Demand Analysis, to provide the remainder of its code-required parking. 10 See ‘FUTURE USAGE’ subsection for detailed demand modeling. 11 Per the Auburn Junction Design Standards, all residential uses in Auburn Junction are required to provide parking spaces on-site per the one (1) parking space per dwelling unit ratio specified in ACC Section 18.29.060(H). DI.G Page 241 of 302 Market Analysis (Gardner Economics) • Demand for retail space in Auburn Junction will arrive after residential development has commenced. • Smaller scale apartment projects are viable with phased development of commercial space. CEO Report (Sound Transit) • Three (3) Seattle-bound and one (1) Tacoma/Lakewood-bound Sounder commuter rail roundtrips will be added in the next 4 years (2013-2017), if plans do not otherwise change. Station Access Analysis (Sound Transit) • Auburn Transit Center arrivals by car (park and ride) will decrease over time with shift to arrivals by public transportation, bicycling, and walking. Since anticipated development and redevelopment for the DUC is unclear relative to anticipated development in Auburn Junction and the Sound Transit’s projections only extends to 2017, demand forecasting in the current CDPMP will be limited in scope to the subsequent 10 years. Specifically, parking demand in the DUC can be forecasted with reasonable accuracy in the short term (2014-2018, 1-5 years) and vaguer accuracy in the long term (2019-2023, 6-10 years). SHORT TERM (1-5 YEARS) Residential Parking Demand: The project at the northeastern Auburn Junction block will add 126 studio, 1-bedroom, and 2-bedroom apartment units per application materials received by the Planning and Development Department. As previously identified, the remaining Auburn Junction blocks are likely to collectively add 693 apartment units12. Over the next 5 years, construction of 819 apartment units can be assumed with reasonable confidence. Per the parking ratios specified in ACC Section 18.29.060(H), the total new short-term residential parking demand is 819 spaces. Commercial Parking Demand: The project at the northeastern Auburn Junction block will add 5,195SF of commercial space per application materials received by the Planning and Development Department. While no project has come forward for the other blocks, ground floor spaces in Auburn Junction that front E/W Main Street and S Division Street are required to be retail, restaurant, or personal service 16 12 The 126-unit building proposed in half of the northeastern Auburn Junction block is reasonably consistent with the Market Analysis. It is consequently realistic to assume that the other Auburn Junction blocks will be developed with no more than 126 units each per half block. Excluding the parcels that contain the Sunbreak Café, a successful restaurant entity that is unlikely to be developed, there are 2.75 blocks available for residential development. DI.G Page 242 of 302 uses per the Auburn Junction Design Guidelines. Given the ratio of commercial space to parcel size in the proposed project in the northeastern block of Auburn Junction, it is assumed that the same ratio for ground floors in the remaining blocks will be developed as commercial space. Under that scenario, approximately 29,075SF of commercial space in total will become available as a result of short-term development activity, of which 22,389SF will be occupied in the short-term. This is based on the total SF of the remaining Auburn Junction parcels plus vacated alleyways, less the following: • The Plaza Park and Sunbreak Café parcels at the northwest Auburn Junction block; the former, a permanent public amenity and the latter, a successful restaurant entity; and • 6,686SF in the northwest Auburn Junction block, whose commercial spaces will likely be occupied in the long-term, assuming that this block will be the last to develop (since it has not sold and is not owned by the City, unlike most of the properties in the southeast and southwest blocks) The Market Analysis identified this commercial demand as retail or restaurant in nature. More specifically, it predicted positive localized effects of a residential base at Auburn Junction on demand for food (restaurants/groceries), apparel, healthcare, entertainment (public venues/retail), personal care (services/ retail), and books and magazines. As demand for groceries is already served by the existing Safeway just east of Auburn Junction, across A ST SE, it is unlikely that an additional grocery store will locate in Auburn Junction. Since groundfloor spaces in Auburn Junction are required to be retail, restaurant, or personal service uses, it is also unlikely that medical offices will locate in Auburn Junction. Should the occupancy of the commercial space at Auburn Junction be a scenario where it is divided evenly between the localized short-term commercial demand generated by the projected residential base, the following SF of occupancy and associated parking demand per ACC Section 18.29.060(H) is expected: • Food (restaurants) – 4,478SF at 0.5/4 seats13 = 26 parking spaces• Apparel – 4,478SF at 2/1,000SF = 9 parking spaces• Entertainment (public venues) – 2,239SF at 5/1,000SF14 = 11 parking spaces• Entertainment (retail) – 2,239SF at 2/1,000SF = 4parking spaces• Personal care (services) – 2,239SF at 2/1,000SF15 = 4 parking spaces• Personal care (retail) – 2,239SF at 2/1,000SF = 4 parking spaces• Books and magazines – 4,478SF at 2/1,000SF = 9 parking spaces There is also about 12,254SF of commercial vacancy in the DUC overall, of which 3,200SF is expected to be occupied in the short-term by a business that provides spa-like services. Since personal care (services) require 2/1,000SF, the parking demand for this business is 6 parking spaces. The total new short-term commercial parking demand is therefore 73 spaces. 17 13 Each seat is 15SF of floor area (excluding kitchens) on average per Design and Equipment for Restaurants and Food Service: A Management View, “A Business Link” (Government of Alberta website), and Chuck Gohn Restaurant Associates NW; 30% of floor area is for kitchens per “The Average Cost of Opening a Restaurant”, based on an Ohio State University Survey. 14 Per ACC Section 18.29.060(H) footnote (1), a parking study may be required to parking demand for uses not listed; in lieu of doing so for the CDPMP, parking demand for entertainment venues in Auburn Junction were calculated at 5/1,000SF, the ratio for commercial recreation (indoor) uses per ACC Section 18.52.020. DI.G Page 243 of 302 18 Auburn Transit Center Demand Per the June 2013 CEO Report, Sound Transit intends to add one (1) Seattle-bound Sounder commuter rail roundtrip in 2013, 2016, and 2017, and one (1) Tacoma/Lakewood-bound roundtrip in 2016, for a total of 3 additional morning trips to Seattle and 1 additional morning trip to Tacoma in the short-term (thru 2018). Per the 2013 Service Implementation Plan (SIP), there were 963 daily boardings across seven (7) Seattle-bound trains and 21 daily boardings across two (2) Tacoma-bound trains at Auburn Transit Center. Assuming proportional growth between service and ridership, Sounder commuter rail service expansion in the short-term could potentially bring 425 new riders to Auburn Transit Center. Based on previous and October 2013 Public Works staff observations, 80% of arrivals at Auburn Transit Center are by car (park and ride)16. No statistically significant decrease in percentage of car (park and ride) arrivals is expected in the short term (thru 2018)17. Therefore, the new total short-term parking demand for 425 riders is 340 spaces. Displaced Parking Demand Existing off-street private, permit, and public parking lots in the Auburn Junction blocks will become permanently displaced as part of development in the short term. During lunchtime on weekdays, when the DUC experiences peak parking occupancy, the existing off-street parking lots in the Auburn Junction parcels to be developed are occupied by 251 cars; during the day on Saturday, when the DUC experiences peak parking occupancy on the weekend, the same are occupied by 39 cars18. The displaced total short-term parking demand is 251 spaces on weekdays and 39 spaces on weekends. 15 Per ACC Section 18.29.060(H) footnote (1), a parking study may be required to parking demand for uses not listed; in lieu of doing so for the CDPMP, parking demand for personal care services in Auburn Junction were calculated at 2/1,000SF, the ratio for retail uses in the DUC per ACC Section 18.29.060(H); retail uses below 15,000SF generate the same parking demand as personal service shops per ACC Section 18.52.020. 16 The 2012 Station Access Analysis noted 65% of arrivals by car (park and ride), and the 2011 State of the Stations noted 62% of riders surveyed arrived by car (park and ride). This is contrary to multiple observations made by the Public Works Department and therefore disregarded. 17 While the 2012 Station Access Analysis projects that arrivals by car (park and ride) by 2030 will decrease to 47% with land use projections or 33% with land use projections and Auburn Transit Center-adjacent improvement projects, this is not anticipated to occur based on previous trends observed by Public Works Division staff, demographic information on Sounder commuter rail riders, and anticipated decreases in existing transit services to and from Auburn Transit Center. 18 Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which does not include data for all off-street parking spaces due to limited resources. DI.G Page 244 of 302 19 This page intentionally left blank. DI.G Page 245 of 302 20 Total New Short-Term Parking Demand - At a Glance (Figure 2.2.3) Parking Demand Generator No. of Parking Spaces Residential 819 Commercial 73 Residential + Commercial 892 Auburn Transit Center 340 Displaced Parking Demand (Weekday)251 Displaced Parking Demand (Weekend)39 DI.G Page 246 of 302 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) Residential Total Demand - 819Total Supply - 803 Commercial Total Demand - 73Total Supply - 0 Transit Total Demand - 340Total Supply - 0 Displaced Total Demand - 251Total Supply - 0 SR-18 21 Figure 2.2.3 - Total New Short-Term Parking Supply and Demand - By Location DI.G Page 247 of 302 22 19 City-owned and/or run unlimited time, time-limited, and loading zones on-street public parking and time-limited off-street parking open to non-permit holders. Total New Short-Term Parking Scenarios Parking Scenario 1a: Weekday Peak (11am - 2pm) New Sound Transit- and Metro-Funded Parking Garages NOT Constructed Supply Demand Result 803 new dedicated off- street parking spaces 1,483 parking spaces 680 deficit in dedicated off- street parking spaces 2,125* existing unoccupied parking spaces at weekday peak in the DUC 680 parking spaces not provided by dedicated off-street parking spaces 1,445 surplus in total available parking spaces in the DUC 437* existing public19 parking spaces 680 parking spaces not provided by dedicated off-street parking spaces 243 deficit in total available public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street parking is not anticipated to be adequately supplied. Though the new parking demand can be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking spaces, it cannot be adequately absorbed by only the total available public parking resources, even when considering commuters parking in on- and off-street public parking throughout the entire DUC. Parking Scenario 1b: Weekday Peak (11am - 2pm) New Sound Transit- and Metro-Funded Parking Garages ARE Constructed Supply Demand Result 1,143 new dedicated off- street parking spaces 1,483 parking spaces 340 deficit in dedicated off-street parking spaces 2,125* existing unoccupied parking spaces at weekday peak in the DUC 340 parking spaces not provided by dedicated off-street parking spaces 1,785 surplus in total available parking spaces in the DUC 437* existing public parking spaces 340 parking spaces not provided by dedicated off-street parking spaces 93 surplus in total available public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are constructed, dedicated off-street parking is still not anticipated to be adequately supplied. Though not only can the new parking demand be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking spaces, it can also be adequately absorbed by only the total available public parking resources in the entire DUC. Most of these available public parking resources are located within an approximately 1/4-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to the east. DI.G Page 248 of 302 Parking Scenario 1c: Weekend Peak (Daytime Saturday) New Sound Transit- and Metro-Funded Parking Garages NOT Constructed Supply Demand Result 803 new dedicated off-street parking spaces 92121 parking spaces 128 deficit in dedicated off- street parking spaces 3,158** existing unoccupied parking spaces at weekend peak in the DUC 128 parking spaces not provided by dedicated off-street parking spaces 3,130 surplus in total available parking spaces in the DUC 429*** existing on-street public parking spaces 128 parking spaces not provided by dedicated off-street parking spaces 301 surplus in total available on-street public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street parking is still not anticipated to be adequately supplied even with no Sounder commuter rail service on weekends. That being said, the new parking demand can be adequately absorbed by the total available public parking resources in the DUC, even without accounting for off-street public parking resources. Most of these available public parking resources are located within an approximately 1/4-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to the east. * Adjusted for existing off-street private, permit, and public parking spaces in Auburn Junction blocks that will become permanently displaced as part of development in the short term. ** Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which does not include data for all off-street parking spaces due to limited resources. *** Off-street public parking unable to be extrapolated from the off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis. 23 20 Sounder commuter rail service does not currently run on weekends. Per the 2013 SIP, weekend Sounder commuter rail service is not anticipated. DI.G Page 249 of 302 LONG TERM (6-10 YEARS) Residential Parking Demand Outside of the apartments developed in Auburn Junction over the short-term, the number of apartments developed in the DUC overall over the long-term is unknown. No City document projects the expected apartment units in the DUC overall over the next 10 years with reasonable confidence. Assuming residential market saturation for the DUC and absent any anticipated new significant residential development in the long-term, the total new long-term residential parking demand is hence 0 spaces. Commercial Parking Demand The final 6,686SF of commercial space developed in the Auburn Junction blocks will likely be occupied in the long term, to account for the lag between development of residences and occupancy of associated commercial space. Should the occupancy of the commercial space at Auburn Junction be divided evenly between the long-term localized commercial demand generated by the projected residential base, the following SF of occupancy and associated parking demand per ACC Section 18.29.060(H) is expected21: • Food (restaurants) – 1,337SF at 0.5/4 seats = 8 parking spaces• Apparel – 1,337SF at 2/1,000SF = 3 parking spaces• Entertainment (public venues) – 669SF at 5/1,000SF = 3 parking spaces• Entertainment (retail) – 669SF at 2/1,000SF = 1 parking spaces• Personal care (services) – 669SF at 2/1,000SF = 1 parking spaces• Personal care (retail) – 669SF at 2/1,000SF = 1 parking spaces• Books and magazines – 1,337SF at 2/1,000SF = 3 parking spaces In addition, assuming the remaining 9,054SF2223 of vacant commercial space in the DUC is occupied in the long-term as a result of the anticipated demand generated by Auburn Junction, and occupancy is divided evenly between the long-term localized commercial demand generated by the projected residential base, the following SF of occupancy and associated parking demand per ACC Section 18.29.060(H) is expected: • Food (restaurants) – 1,811SF at 0.5/4 seats = 11 parking spaces• Apparel – 1,811SF at 2/1,000SF = 4 parking spaces• Entertainment (public venues) – 905SF at 5/1,000SF = 5 parking spaces• Entertainment (retail) – 905SF at 2/1,000SF = 2 parking spaces• Personal care (services) – 905SF at 2/1,000SF = 2 parking spaces 24 21 See ‘Commercial Parking Demand’ under ‘FUTURE USAGE – SHORT-TERM (1-5 YEARS)’ for detailed calculation methodology. 22 Based on an October 2013 physical survey of vacant commercial spaces in the DUC, excluding vacancies with off-street private parking. With 1,000+ off-street private parking spaces available at the weekday peak of lunchtime (11am-2pm), it is not anticipated that occupancy of vacant commercial spaces with off-street private parking will generate any on-street parking impacts, nor is it anticipated that the same occupancy will be statistically significant regarding the overall reduction of parking supply in the DUC. 23 Excludes any potential vacancies in the long-term, in the DUC. DI.G Page 250 of 302 • Personal care (retail) – 905SF at 2/1,000SF = 2 parking spaces• Books and magazines – 1,811SF at 2/1,000SF = 4 parking spaces The total new long-term commercial parking demand is therefore 50 spaces. Auburn Transit Center Demand While the June 2013 CEO Report and 2013 SIP identify Sounder commuter rail service expansion for the short term, no document projects service levels beyond the short term (thru 2018). For the purposes of estimating parking demand in the CDPMP and absent any projection or promise by Sound Transit, it is assumed that Sound Transit will mirror Sounder commuter rail service expansion in the short-term, and thus parking demand for 3 additional Seattle-bound roundtrips and 1 additional Tacoma/Lakewood- bound roundtrip in the long-term (thru 2023) is anticipated. Using the same assumption of proportional growth between service and ridership24, Sounder commuter rail service expansion in the long-term could potentially bring 425 new riders to Auburn Transit Center. Based on previous and October 2013 Public Works staff observations, 80% of arrivals at Auburn Transit Center are by car (park and ride)25. No statistically significant decrease in percentage of car (park and ride) arrivals is expected in the long term (thru 2023)26. Due to the anticipated mode shift in arrivals to Auburn Transit Center, the new total long-term parking demand for 425 riders is 340 spaces. Displaced Parking Demand Existing off-street private, permit, and public parking lots in the Auburn Junction blocks will already have become permanently displaced as part of development in the short term. The displaced total long-term parking demand is therefore 0 spaces on weekdays and weekends. 25 24 See ‘Auburn Transit Center Demand’ under ‘FUTURE USAGE – SHORT-TERM (1-5 YEARS)’ for detailed calculation methodology. 25 The 2012 Station Access Analysis noted 65% of arrivals by car (park and ride), and the 2011 State of the Stations noted 62% of riders surveyed arrived by car (park and ride). This is contrary to multiple observations made by the Public Works Division and therefore disregarded. 26 While the 2012 Station Access Analysis projects that arrivals by car (park and ride) by 2030 will decrease to 47% with land use projections or 33% with land use projections and Auburn Transit Center-adjacent improvement projects, this is not anticipated to occur based on previous trends observed by Public Works Department staff, demographic information on Sounder commuter rail riders, and anticipated decreases in existing transit services to and from Auburn Transit Center. DI.G Page 251 of 302 Total New Long-Term Parking Demand - At a Glance (Figure 2.2.4) Parking Demand Generator No. of Parking Spaces Residential 0 Commercial 50 Residential + Commercial 50 Auburn Transit Center 340 Displaced Parking Demand (Weekday)0 Displaced Parking Demand (Weekend)0 26 DI.G Page 252 of 302 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) Residential Total Demand - 0Total Supply - 0 Commercial Total Demand - 50Total Supply - 0 Transit Total Demand - 340Total Supply - 0 Displaced Total Demand - 0Total Supply - 0 SR-18 27 Figure 2.2.4 - Total New Long-Term Parking Supply and Demand - By Location DI.G Page 253 of 302 Total New Long- and Short-Term Combined Parking Demand - At a Glance (Figure 2.2.5) Parking Demand Generator No. of Parking Spaces Residential 0 Commercial 50 Residential + Commercial 50 Auburn Transit Center 340 Displaced Parking Demand (Weekday)0 Displaced Parking Demand (Weekend)0 28 DI.G Page 254 of 302 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) Residential Total Demand - 819Total Supply - 803 Commercial Total Demand - 123Total Supply - 0 Transit Total Demand - 680Total Supply - 0 Displaced Total Demand - 251Total Supply - 0 SR-18 29 Figure 2.2.5 - Total New Long- and Short-Term Combined Parking Supply and Demand - By Location DI.G Page 255 of 302 Total New Long- and Short-Term Combined Parking Scenarios Parking Scenario 1a: Weekday Peak (11am - 2pm) New Sound Transit- and Metro-Funded Parking Garages NOT Constructed Supply Demand Result 803 new dedicated off- street parking spaces 1,873 parking spaces 1,070 deficit in dedicated off- street parking spaces 2,125* existing unoccupied parking spaces at weekday peak in the DUC 1,070 parking spaces not provided by dedicated off-street parking spaces 1,055 surplus in total available parking spaces in the DUC 437* existing public27 parking spaces 1,070 parking spaces not provided by dedicated off-street parking spaces 633 deficit in total available public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street parking is not anticipated to be adequately supplied. Though the new parking demand can be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking spaces, it cannot be adequately absorbed by only the total available public parking resources in the DUC, even when considering commuters parking in on- and off-street public parking throughout the entire DUC. Parking Scenario 1b: Weekday Peak (11am - 2pm) New Sound Transit- and Metro-Funded Parking Garages ARE Constructed Supply Demand Result 1,483 new dedicated off- street parking spaces 1,873 parking spaces 390 deficit in dedicated off-street parking spaces 2,125* existing unoccupied parking spaces at weekday peak in the DUC 390 parking spaces not provided by dedicated off-street parking spaces 1,735 surplus in total available parking spaces in the DUC 437* existing public parking spaces 390 parking spaces not provided by dedicated off-street parking spaces 47 surplus in total available public parking spaces in the DUC If Sound Transit does construct a second Auburn Transit Center garage, dedicated off-street parking is still not anticipated to be adequately supplied. Though not only can the new parking demand be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking spaces, it can also be adequately absorbed by only the total available public parking resources in the DUC. Most of these available public parking resources are located within an approximately ¼-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to the east. 30 27 City-owned and/or run unlimited time, time-limited, and loading zones on-street public parking and time-limited off-street parking open to non-permit holders. DI.G Page 256 of 302 Parking Scenario 1c: Weekend Peak (Daytime Saturday) New Sound Transit- and Metro-Funded Parking Garages NOT Constructed Supply Demand Result 803 new dedicated off-street parking spaces 98128 parking spaces 178 deficit in dedicated off- street parking spaces 3,158** existing unoccupied parking spaces at weekend peak in the DUC 178 parking spaces not provided by dedicated off-street parking spaces 2,980 surplus in total available parking spaces in the DUC 429*** existing on-street public parking spaces 178 parking spaces not provided by dedicated off-street parking spaces 251 surplus in total available on-street public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street parking is still not anticipated to be adequately supplied even with no Sounder commuter rail service on weekends. That being said, the new parking demand can be adequately absorbed by the total available public parking resources in the DUC, even without accounting for off-street public parking resources. Most of these available public parking resources are located within an approximately ¼-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to the east. * Adjusted for existing off-street private, permit, and public parking spaces in Auburn Junction blocks that will become permanently displaced as part of development in the short term. ** Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which does not include data for all off-street parking spaces due to limited resources. *** Off-street public parking unable to be extrapolated from the off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis. 31 28 Sounder commuter rail service does not currently run on weekends. Per the 2013 SIP, weekend Sounder commuter rail service is not anticipated. DI.G Page 257 of 302 2.3 – Parking Organization, Management, Planning, and Investment ORGANIZATION AND MANAGEMENT The DUC parking system, which includes privately and municipally owned and/or operated parking spaces, falls under the authority of various private property owners and at least 6 departments and divisions within the City. These City departments and divisions include Planning, Public Works, Maintenance and Operations, Facilities, Police, and the Court Clerk. Some components of the parking system are mainly managed by one department or division while responsibility for others are shared by multiple departments and divisions. Responsibilities are not clearly identified in the ACC. For instance, while signage in the City’s off-street parking lots is collaboratively executed between the Facilities Department and Planning Division, the Public Works Division is identified as the responsible entity for “marking” off-street permit parking spaces for the City’s vehicles per the ACC. As such, there is opportunity for both increased coordination and clarity of roles. Examples of these opportunities include wayfinding signs (Figure 2.3.1) interspersed throughout the City (managed by the Public Works Division) that currently directs drivers towards landmarks only, but not to off-street no-permit parking in the DUC (managed by the Planning Division) and clarity of roles so that Planning and Public Works staff at the Permit Center can either directly provide information on how to pay or contest a parking citation (processed by the Court Clerk) or direct customers to the appropriate City contact with the information. PLANNING The City has not undertaken comprehensive planning for parking in the DUC with regularity, nor has it adopted any framework for future parking planning efforts. Downtown Parking Plan (1996) In fact, the last comprehensive parking plan (the Downtown Parking Plan) adopted for the DUC dates from 1996. The impetus for developing the Downtown Parking Plan was threefold: • Passage of the Commute Trip Reduction law in Washington State, which mandated employers of a certain size to undertake measures to reduce single-occupancy vehicle commutes; the Downtown Parking Plan examined 32 Figure 2.3.1 - Typical wayfinding sign, which does not currently direct drivers to off- street parking DI.G Page 258 of 302 parking supply and demand management strategies as part of that mandate; • Recurring parking concerns expressed by the downtown business community; and • Anticipation of parking demand generated by a future transit hub (Auburn Transit Center). The scope of the Downtown Parking Plan included the following: • Extensive parking supply and demand analysis, including turnover rates, between the hours of 7am and 6pm for all areas of downtown Auburn29; • Future demand forecasting, incorporating projections from the City’s Comprehensive Plan tempered with observations of development trends in downtown Auburn; • Identification of significant downtown Auburn parking issues ; and • Parking policies to address identified parking issues. The parking policies fell under the umbrella strategy of reducing demand for parking, utilizing existing public parking resources more efficiently, increasing usage of underutilized private parking through lease and shared parking arrangements, and providing guidance for future purchase and establishment of public off-street parking lots in a manner that is phased, cost effective, and affordable for the City and downtown business and property owners. Some specific parking policies directly affecting the City’s physical parking resources have been adopted, such as the conversion of on-street parking spaces along the west side of Auburn Way S, between E Main ST and 2nd ST SE, to unlimited time, no-permit on-street parking, as it exists today (Figure 2.3.2). Most specific parking policies that more indirectly affect the City’s parking system have been adopted in the ACC. Policies such as maximum off-street parking requirements for development, shared parking and other required off-street parking reduction incentives, and employer incentives for non- single occupancy vehicle commutes have been adopted in ACC Chapter 18.52 – Off-Street Parking and Loading, ACC Chapter 33 Figure 2.3.2 - Looking south from E Main ST at on-street parking on the west side of Auburn Way S, implemented as a result of the 1996 Downtown Parking Plan. 29 “Downtown” did not include all blocks of DUC and was generally smaller in geographic area. DI.G Page 259 of 302 18.29 – DUC Downtown Urban Center District, and ACC Chapter 10.02 – Commute Trip Reduction. Other parking policies have not been adopted and are no longer applicable currently. For example, the proposed policy of encouraging employees to park in the residential neighborhoods east of Auburn Way N/S conflicts with concerns raised about non-residents parking on residential streets in the Downtown Parking Survey. On the other hand, some parking policies were not adopted, but are still applicable, such as better use of signage to direct drivers to available City off-street parking. Comprehensive Downtown Parking Management Plan (CDPMP) (2013) The current CDPMP comes seventeen (17) years subsequent the last concerted comprehensive planning effort. It contains much of the same elements as the Downtown Parking Plan as the level of assessment performed is either equivalent or in excess of that in other cities’ plans. Unlike the previous parking plan however, which was prepared by consultants, the current CDPMP is a product of City staff. The CDPMP also adds the toolbox, which presents the various best practices employed in the provision of parking, parking demand management, and operations of a parking system. It is a collection of tools intended to be updated periodically and should be considered at a glance whenever the City is looking to fine-tune its parking system. In its current iteration it includes best practices for provision of special event parking and real-time parking information, parking topics not addressed by the previous plan. With the toolbox and as a whole, the CDPMP sets the framework for parking planning at a specific point in time and allows for flexibility to update its contents to suit future parking needs. INVESTMENT The City’s current investment in the provision of off-street parking in the future is based on a two-pronged fee-in-lieu-of strategy. All Auburn Junction development, per the Auburn Junction Design Guidelines, must provide required residential parking spaces on-site, though the same does not apply to non-residential uses. Although required non- residential parking spaces do not need to be provided on-site, a fee-in-lieu-of payment30 is required to be made towards a fund for a future parking structure in the DUC if the non-residential demand cannot be adequately fulfilled by existing on- and off-street public parking resources31. DUC development at large also have the option for fee-in-lieu-of payments per ACC Section 18.29.060(H) as an alternative to provision of required spaces on-site32. Unlike the fee-in-lieu-of payments for Auburn Junction development, however, neither the Downtown Urban Center Design Standards nor the ACC direct these payments toward funding a future parking structure in the DUC. 34 30 No per space fee-in-lieu-of payment is defined. Assessed on a case-by-case basis. 31 The radius from an Auburn Junction development within which existing on- and off-street public parking resources may be considered “supply” is not defined. 32 The maximum number of required on-site parking spaces allowed via fee-in-lieu-of payments is not defined. DI.G Page 260 of 302 2.4 – Parking Operations, Maintenance, and Marketing and Communications OPERATIONS Operation of the DUC parking system falls to the City for on- street parking spaces and off-street public and permit parking lots and private property owners for off-street parking lots located on their own property. Activities associated with parking operations are minimal. None of the City’s on-street parking spaces are metered, so operation is no more than ingress and egress from these spaces. Additionally, no off-street parking lot operated by the City or privately owned ever “opens” or “closes” in the DUC by way of gates or personnel. The only operational activity for parking is undertaken by Multicare Auburn Medical Center, which contracts out to a private company for operation of its complimentary valet service (Figure 2.4.1). OPERATIONS – SPECIAL EVENTS Several seasonal events (Figure 2.4.2) currently draw big crowds to downtown Auburn and introduce additional demand into the existing parking system, while sometimes simultaneously reducing available parking supply. Activities associated with the operation of the parking system on event days, like non-event days, is similarly minimal. No personnel direct drivers to parking for the Auburn International Farmers Market, which takes place weekly in the Auburn Transit Center plaza during summer months. Nor do any personnel direct drivers to parking for the Auburn Good Ol’ Days festival, which takes place annually in the vicinity of E/W Main Street and closes several streets. Maps of parking locations on event days are not available online for either event and are generally not required for permit approval of special events. OPERATIONS – RATES, FEES, ENFORCEMENT, AND FINES RATES No rates for hourly or daily parking have been established for the City. The City’s on- and off-street parking spaces are available to drivers who park for the short-term or for the evening at no cost. Likewise, privately owned and operated off-street parking lots in the City do not charge for customer and visitor parking. 35 Figure 2.4.1 - Complimentary valet parking is advertised at the entrance to Multicare Auburn Medical Center on N Division ST. Figure 2.4.2 - Dancers at the Auburn International Festival (above) and cars along E Main ST for the Auburn Good Ol’ Days festival (below), both events that draw big crowds to downtown Auburn. DI.G Page 261 of 302 FEES The City charges a $10 per month permit parking fee for parking in its off-street permit parking lots. Permit parking is available for business owners, employees, downtown residents, commuters who are residents of Auburn (until 2014), and Green River Community College students. Parking permits are acquired at the City’s Permit Center. Fees for permit parking are established administratively by the Planning Division. Privately owned and operated off-street parking lots may assess monthly parking fees for its tenants as well. Data for how many private property owners assess such a fee and how much they charge is unavailable. ENFORCEMENT For City owned and/or operated on- and off-street parking spaces, 2 parking enforcement officers in the Police Department enforce maximum time limits, amongst other parking regulations, and impound abandoned vehicles. Enforcement in off-street parking lots owned and operated by private parties varies; typically, private property owners contract out for towing services on larger off-street parking lots. FINES The City issued 3,383 parking citations in 2011 and levies a variety of fines for parking violations cited. These fines include $25 for parking in excess of the maximum allowed time for on- or off-street parking ($35 if not paid within 15 days of the parking citation’s issuance) and $30 for violations of loading zone restrictions. Other parking violations with no fines defined include parking in a no-parking zone and parking too far away from the curb. Fines for parking citations are paid and processed at the Court Clerk. Many parking citations can be waived by participation in community service for non-profits at a rate of $10 waived per hour volunteered. Fines for improper parking in privately owned and operated off-street parking lots are established by private property owners. Towing fees are set by the companies that private property owners contract towing services to. MAINTENANCE Maintenance of the City’s on-street parking, such as striping of spaces and signage, clearly falls to the Maintenance and Operations Division. Maintenance of the City’s off-street parking lots, on the other hand, is not as clearly designated in code or in practice. While the Facilities Department currently maintains off-street parking lot signs, the Planning Division designates off-street public and permit parking spaces, processes parking permit fees, and otherwise manages the City’s off-street parking resources. Both on- or off-street parking owned and/or operated by the City is swept and restriped on a more or less regular basis, but no formal maintenance schedule or plan exists. Likewise, private off-street parking is required to be consistent with the applicable parking code at construction, but is not explicitly mandated by 36 DI.G Page 262 of 302 any City code section to perform specific maintenance per a formal schedule. MARKETING AND COMMUNICATIONS The City’s parking philosophy and parking policies require further refinement through the CDPMP as neither are currently clearly defined. Regarding the former, the existing Downtown Parking Plan does offer overall direction for the downtown parking. The Downtown Parking Plan, however, dates from 1996 and is not an actively referenced document for downtown parking policymaking. The City’s parking policies and fines themselves are contained in Auburn City Code, rather than at a centralized location on the City’s website, and occasionally contradict with what is signed. There are also opportunities for improvement in promoting City’s off-street permit parking program, administered by the Planning Division at the Permit Center, on the City’s website and on off- street permit parking lot signage. Avenues of promotion beyond the City are currently limited to the passing of information from the Auburn Downtown Association (ADA) and Auburn Area Chamber of Commerce to its members. The question of how to obtain a parking permit and where off- street permit parking exists for the general public is typically answered at the Permit Center, where a map of off-street parking available in the City is available. There is no map, however, that identifies the on--street parking spaces available to the general public. At on-street parking spaces , the City has installed signs that identify time limits, although these signs’ designs are not uniform On the other hand, signs with ‘FREE PARKING’ (Figure 2.4.3) in a large-sized font proclaim available public parking at each City owned and/or operated off-street parking lot. Due to permit parking spaces interspersed amongst public parking spaces (Figure 2.4.4), while signed and marked appropriately, drivers have expressed confusion deciphering whether a parking space was designated for public or permit parking. 37 Figure 2.4.3 - ‘FREE PARKING’ sign in large font at the entrance to the off-stree public and permit parking lots between E Main ST and 1st ST NE at B ST NE. Figure 2.4.4 - Off-street permit parking space (foreground) located adjacent to off-street parking spaces (background), in an area also connected to the Safeway parking lot. DI.G Page 263 of 302 3. Parking Case Studies 3.1 – Parking Organization, Management, Planning, and Investment ORGANIZATION AND MANAGEMENT Location(s): City of San Diego Approach: One point of contact for all parking, multiple departments with collaborative authority over the parking system. Key Points: • The primary point of contact for the public is the ‘Parking Administration’, which processes residential parking permits, payment of parking citations, and provides general parking information from the City. • Behind the scenes, however, one department or division is clearly defined as the ultimate authority for a certain component of the parking system Location(s): City of Vancouver, B.C. Approach: One point of contact for on-street parking, one point of contact for off-street parking, authority over the parking system split along the same lines. Key Points: • The primary on-street parking point of contact for the public is Engineering Services, which processes residential and commercial on-street parking permits, payment of on-street parking citations, requests for on-street parking meters, and all other on-street parking related matters. • The primary off-street parking point of contact for the public is Easypark (Figure 3.1.1), a non-profit corporation owned by the City, which processes off-street parking permits, payment of off-street parking citations, and all other matters related to off-street parking. Location(s): City of Champaign, IL, City of Lynchburg, VA, City of Monterey, CA Approach: One point of contact for all parking, one department or parking authority with control over 38 Figure 3.1.1 - The City of Vancouver’s EasyPark website features parking lot finder, citation payment system, and citation appeal system for off- street parking - all located front and center on its homepage. DI.G Page 264 of 302 the parking system. Key Points: • The one department or parking authority usually does not have control over parking standards for private development and enforcement of parking regulations. PLANNING As mentioned previously, the CDPMP matches or exceeds the level of assessment performed in other cities’ parking plans. Where they differ is when cities choose to undertake an effort to produce or procure a parking plan. Location(s): City of Bellingham Approach: Financial shortfalls in the budget. Location(s): City of Pasadena, CA Approach: Struggling downtown and the desire to spur new development (Figure 3.1.2). Location(s): City of Redwood City, CA Approach: Anticipation of new development and visitors who will mostly arrive by car. Location(s): City of Ventura, CA Approach: Simultaneous with update of Downtown Specific Plan. INVESTMENT Of the other cities’ parking plans surveyed, the Downtown Redmond Parking Study from 2008 examines the various options available for financing downtown parking infrastructure most comprehensively. The options below33, however, are not exhaustive nor meant to be mutually exclusive (use of multiple funding sources is the rule rather than exception for public financing). Options Affecting Customers Approach: Event surcharges Key Points: • Ticketing fees that are authorized by a public 39 33 Updated to include current financing options available and not identified in the study. Figure 3.1.2 - A dilapidated building in Old Pasadena in the 1980s (above) and the same building now (below). DI.G Page 265 of 302 facilities district, such as the one established for the ShoWare Center in the City of Kent. Approach: On-street parking fees Key Points: • Parking meters and/or permits. Approach: Parking fine revenues Key Points: • N/A Options Affecting Businesses Approach: Business improvement area (BIA) Key Points: • Assessment on business owners based on square footage, assessed land value, and/or business and operation (B&O) taxes • Useful for funding parking operations and marketing Options Affecting Property Owners Approach: Local improvement district (LID) Key Points: • Assessment on property owners to repay bonds sold to finance improvement • Benefit to the land must be more intense than to the rest of the city and must be actual, physical, and material, and not merely speculative or conjectural • Useful for funding capital development (ex. parking structure) • Useful as one component of revenue bond without the need for general obligation bond backing (and drawing down the available debt capacity of the city) Options Affecting Developers Approach: Fee-in-lieu-of parking Key Points: N/A Approach: Options affecting developers – public/private development partnerships Key Points: • Ex. public acquisition of land and sale or lease of land/air rights not needed for parking • Ex. private development of mixed-use development with sale or lease back of the public parking portion upon completion, a turnkey project Options Affecting the General Public Approach: General obligation bonds Key Points: • Bonds issued to finance parking improvements underwritten by the general fund when 40 DI.G Page 266 of 302 repayment of debt is unable to be serviced by parking revenues alone • Bonds can be issued by public vote or council decree • Legal limit for all voter-approved debt in a city is 7.5% of assessed property values; non- voted debt is 1.5% of assessed property values Approach: Refinancing general obligation bonds Key Points: • Refinancing existing debt and shifting savings from the general fund to debt coverage for parking improvements Approach: Revenue bonds Key Points: • Bonds issued to finance parking improvements underwritten by parking and other specific revenues rather than by the general fund; however, unless utilization and revenue projections (such as LID revenues) are strong and predictable enough to cover debt and operations and provide a coverage cushion, general obligation bonds may still be required • Legal limit for debt is not affected, unless general obligation bond backing is required Approach: 63-20 financing Key Points: • Bonds (tax-exempt) issued by a non-profit corporation on behalf of the city • Financed assets must be “capital” and must be turned over free and clear to the government by the time that bonded indebtedness is retired Approach: Public facilities districts (PFD) Key Points: • An independent taxing authority and district under Washington State statue that may charge fees for the use of its facilities, levy an admissions tax not exceeding 5%, and impose a vehicle parking tax not exceeding 10% • State law also allows PFDs to impose two different types of sales and use taxes: local sales and use taxes of up to 0.033% to finance regional centers and local sales and use taxes up to 0.2% to finance, design, construct, remodel, maintain, or operate public facilities (if approved by voters) Approach: Downtown and neighborhood commercial districts Key Points: • Uses incremental increases in local sales and use tax revenue subsequent establishment of the district to finance community revitalization projects, such as “publicly owned or lease facilities” Approach: Community revitalization financing Key Points: • Uses incremental increases in property taxes to finance parking improvements • Tax “increment area” must be established with approval from local governments imposing at least 75% of the regular property taxes 41DI.G Page 267 of 302 • Tax increment is calculate at 75% of any increase in assessed property value Approach: Local revitalization financing Key Points: • Uses incremental increases in local sales and use tax revenues and property tax revenues within the “revitalization area”, additional funds from other local public sources, and a state contribution to finance parking improvements • Tax increment is calculate at 75% of any increase in assessed property value • State contribution applications are currently closed Approach: State and federal grants Key Points: • No current grants for downtown parking structures have been found Approach: Parking fund Key Points: • Establishes parking commissions and funding mechanisms for parking improvements and maintenance and operations Approach: General fund contribution Key Points: • For a one-time capital improvement or on-going contributions to maintenance and operations of a downtown parking system 42 DI.G Page 268 of 302 3.2 – Parking Operations, Maintenance, and Marketing and Communications OPERATIONS Location(s): Various Approach: Parking meters and/or pay stations as a tool to promote parking turnover; act as a means of distributing limited amount of on-street spaces in commercial areas where demand exceeds supply; provide short-term parking spaces for shopping or personal errands; improve traffic circulation and economic viability of downtown commercial areas by maximizing the number of patron visits; and to generate revenue for the city. Key Points: • Individual conventional meters that accept coins and credit cards (City of Salem) (Figure 3.2.1) • Individual “smart” meters that accept coins, credit cards, and pay-by-phone, with different prices at different times of the day; has resulted in higher revenues and fewer parking citations, but may result in less turnover (City of San Francisco) (Figure 3.2.2) • Individual “smart” meters that accept coins and credit cards, resets any remaining parking time available to zero when a car leaves, and prohibits drivers from paying for more time when the car has already parked for the maximum time limit applicable to the parking space (City of Santa Monica) • Conventional pay-and-display pay stations that accept coins and credit cards (City of Boulder) (Figure 3.2.3) Location(s): City of Tacoma Approach: Parking operations and maintenance contracted out to Republic Parking Key Points: • Since 1987, Republic Parking has provided daily operational oversight for 2,500 parking spaces located within the city’s lots and garages • The city’s budget for 2011-2012 allocated $1,214,800 for operations and maintenance of 43 Figure 3.2.1/3.2.2/3.2.3 - Meters from Salem, San Francisco, and Boulder, respectively (top to bottom). DI.G Page 269 of 302 its parking facilities; this includes $20,000 for Republic Parking’s management fee of 1.5% of net parking revenues and the remainder for ‘out of pocket’ expenses to operate and maintain its parking facilities Location(s): Research Drive Parking Garage, Duke University (Figure 3.2.4) Approach: Environmental and parking operation efficiency best practices Key Points: • Received 2012 International Parking Institute Award of Excellence • Environmentally sensitive design that incorporates vegetated canopies on the roof, vegetated walls, and rainwater-collecting cisterns • Real-time space availability display boards (spaces available on each level) • Automated entries and exits and an express ramp for frequent users using vehicle identification technology • Pay stations for payment prior to leaving rather than payment at exits Location(s): 123 Baxter Street Garage, New York (Figure 3.2.5) Approach: Land use and parking operation efficiency through use of an automatic mechanical parking system (a la a vending machine) Key Points: • Entire process for parking or retrieval of a car takes around 2 minutes • Occupies less space than conventional garages, which makes it especially practical for high- density locations • One attendant “operates” the entire garage • Potential inefficient ingress and egress during periods of overwhelming demand, such as morning and evening rush hour • High initial investment 44 Figure 3.2.4 - The Duke University Research Drive Parking Garage features (top to bottom) vegetated rooftop canopies, space availability display boards, and pay stations prior to exiting. DI.G Page 270 of 302 • Potential fire code limitations • Potential for mechanical failure, as some systems have experienced, trapping vehicles inside the garage OPERATIONS – SPECIAL EVENTS Location(s): River Days, Renton Approach: Shuttles from off-site parking facilities and extensive information provided Key Points: • Complimentary shuttles move people between off-site parking facilities and the festival • Information provided online include directions to parking lots and garages, the free shuttle to non-downtown parking, and location and timing of street closures (Figure 3.2.6) Source(s): “Special Event Parking Basics”, Campus Safety Magazine Approach: Parking operation efficiency and safety best practices Key Points: • Changing cashier locations accommodates queues and promote faster entrances and exits • Payment upon entry prevents bottlenecks at exits • Limiting cash transactions reduces delay • Make multiple entrances and exits available • Designated pedestrian walkways quickly and safely move visitors to and from garage OPERATIONS – RATES, FEES, ENFORCEMENT, AND FINES RATES Location(s): City of Tacoma Approach: Reinstatement of paid parking, removed during downtown’s decline in the 1970s, as on-street parking became increasingly 45 Figure 3.2.5 - New York City’s first automatic parking garage, located at 123 Baxter Street. Figure 3.2.6 - The Renton River Days website provides clear parking information. DI.G Page 271 of 302 congested again Key Points: • During the first 6 months of operation (January – June 2011), revenue exceeded projections by around $60,000 ($364,782.41 vs. $303,510.69) • Bus pass sales doubled and off-street parking lot occupancy increased to near-capacity for University of Washington (UW) – Tacoma FEES Location(s): City of Kent, City of Olympia, City of Puyallup, City of Renton, City of Tacoma Approach: Charging for monthly off-street parking Key Points: • Data includes monthly off-street parking lots and garages owned and/or operated by the cities and by private parking operators as of February 2013 • The lowest monthly rate for a parking lot was $15, operated by Diamond Parking, and located next to the marine and Heritage Park Fountain, though several blocks away from downtown Olympia • The highest monthly rate for a parking lot was $148, operated by Republic Parking on behalf of the City of Tacoma, and located next to many businesses, attractions, and a Sound Transit LINK light rail station • The unweighted average monthly rate for a parking lot was $56 • The lowest monthly rate for a parking garage was $35, operated by Diamond Parking, at the downtown Renton transit center • The highest monthly rate for a parking garage was $164, operated by Republic Parking on behalf of the City of Tacoma, and located next to several businesses, the Convention Center, Tacoma Art Museum, UW – Tacoma, and a Sound Transit LINK light rail station • The unweighted average monthly rate for a parking garage was $74 ENFORCEMENT Location(s): City of Chattanooga, TN Approach: Parking enforcement officers doubling as downtown customer service representatives (“parking ambassadors”) Key Points: • Parking ambassador service provided by Republic Parking • In addition to parking enforcement, parking ambassadors assist people with parking correctly, give courtesy garage passes to drivers who have experienced difficulty with parking, provide maps and directions, provide informal security in coordination with police, and pick up litter (Figure 3.2.7) 46 DI.G Page 272 of 302 • Newspapers report that parking spaces on the busiest commercial streets have freed up considerably since parking ambassador program implementation FINES Location(s): City of Somerville, MA Approach: Superior customer service for parking permit and citation processing Key Points: • Customer service representatives at the Office of the Parking Clerk consistently praised for efficiency and pleasantness, despite only an average rating of 2 out of 5 stars on Yelp MAINTENANCE Location(s): City of Chicago, IL Approach: On-street parking is operated and maintained by Chicago Parking Meters LLC through a 75-year concession, which includes price-setting rights Key Points: • $1.2 billion lump sum paid to the city, but long- term budget shortfall • Rapid rise in parking rates • Increase in inoperable meters Location(s): City of Tacoma Approach: Parking operations and maintenance contracted out to Republic Parking Key Points: • Republic Parking operates and maintains all of the city’s 2,500+ off-street parking spaces; maintenance costs incurred are reimbursed to Republic Parking as part of the contract Location(s): City of Vancouver Approach: • Maintenance of signs, meters, off-street parking lots and garages is performed by the Parking Services Division in the Community and Economic Development Department 47 Figure 3.2.7 - Parking ambassador in Chattanooga provides assistance to visitors as well as enforcing parking regulations. DI.G Page 273 of 302 Key Points: N/A Location(s): City of West Hollywood, CA Approach: Off-street parking lots and garages are operated and maintained by the Parking Services Division in the Public Works Department Key Points: • N/A Location(s): Plymouth State University, Plymouth, NH Approach: Maintenance of off-street parking lots regularly scheduled Key Points: • Text and email reminders to move cars for subscribers • Signs at off-street parking lots the day of closure for maintenance MARKETING AND COMMUNICATIONS Location(s): City of Ventura, CA Approach: Radius map of destinations from main parking garage Key Points: • Demonstrates the concept of “park-once” and visiting multiple destinations Location(s): City of Denver, CO Approach: Public Works Department “parking angels” reward legally parked cars with $5 parking cards during the holiday season Key Points: • Caught the attention of multiple news sources (TV stations, newspapers, online sources) • Simultaneous with a social media campaign Location(s): City of Denver, CO Approach: Parking homepage with street sweeping reminders and all components of the parking system front and center Key Points: • Divided into four user-friendly links: ‘Report a Problem’ for broken meters, lights, potholes/ 48 Figure 3.2.8 - The Denver parking website features easy- to-find links for reporting a problem, purchasing parking permits, finding public parking, and paying for citations. Figure 3.2.9 - New York City on-street parking signs pre- (left) and post-redesign (right). DI.G Page 274 of 302 MERJE | ENVIRONMENTS & EXPERIENCES 3.3 City of Novato, CA - Wayfinding & Signage Program I WAYFINDING ANALYSIS DESIGN OPTION 4A SIGNAGE SYSTEM City Hall / Multiple Shapes / Novato Red This option reflects the comments received by the public. Design details include: UÊ“>}iʜvÊ ˆÌÞÊ> UÊՏ̈«iÊ«>˜iÊÅ>«ià UÊ œÛ>̜Ê,i`Ê>ÃÊ>VVi˜Ì UʘVœÀ«œÀ>ÌiÃʜÀ}>˜ˆVÊÅ>«iÊ­“ˆ˜œÀ® UÊ*i`iÃÌÀˆ>˜ÊÈ}˜Ê­œÀˆ}ˆ˜>® UÊ œœÀÊL>>˜ViÊ­œÀˆ}ˆ˜>® *i`iÃÌÀˆ>˜ÊˆœÃŽ*i`iÃÌÀˆ>˜Ê˜ÌiÀ«ÀïÛi ÎÊ*>˜iÊ6>Àˆ>̈œ˜ÃÊvœÀÊ-ÞÃÌi“ Vehicular Parking Pedestrian *i`iÃÌÀˆ>˜Ê ˆÀiV̈œ˜> NovatoHistory Museum Downtown Police SMARTAtherton Station Downtown Redwood Blvd. Youth Center Library Golden GateTransit Post Office *>ÀŽˆ˜}Ê-«>Viˆ“ˆÌʘvœÀ“>̈œ˜ PARKINGHOUR 9A.M.–6P.M. EXCEPT SUNDAY 2 Seasonal Sign܈̅ÊV…>˜}i>LiÊ«œÃÌiÀ ­->˜`܈V…Ê œ>À`® NOVATO’S T4TH OF JULYPARADE FIREWORKSAND U hh NOVATO *>ÀŽˆ˜}Ê/À>ˆL>âiÀ *>ÀŽˆ˜}Ê`i˜ÌˆvˆV>̈œ˜ Front Side P NOVATO Reichert Ave Lot No Parking 2am–6am Cars will be towed at owner’s expense PublicParking City-wi d e M a p Downtown Map B u l l e t i n B o a r d Downtown Novato /À>ˆL>âiÀ OptionalPost Application Side View Back of Sign6i…ˆVՏ>ÀÊ ˆÀiV̈œ˜> Youth Center Downtown Novato ˆÀiV̈œ˜>Ê/À>ˆL>âiÀ with Mileage 2 miles College of Marin Downtown Novato SHOPS DINING ARTS ˆÃÌÀˆVÌʜÀÊ iˆ}…LœÀ…œœ` `i˜ÌˆvˆV>̈œ˜ Historic Downtown District NOVATO sinkholes, and illegally parked cars, ‘Parking Permits’ for residential and handicap parking permits, ‘Public Parking’ for where and how to park, and ‘Tickets and Towing’ for paying citations, removing boots, and locating a towed vehicle (Figure 3.2.8) Location(s): City of New York, NY Approach: Redesigned parking signs for readability Key Points: • Fewer signs, less text, and more “white space” (Figure 3.2.9) • Former signs were called “a cross between an Excel spreadsheet and a totem pole” by Janette Sadik-Khan, Transportation Commissioner Location(s): City of Novato, CA Approach: Thematically tied-together signs (Figure 3.2.10) Key Points: • Parking signage is thematically tie to general car and pedestrian wayfinding signage • “Trailblazer” signs directing drivers to parking are thematically tied to parking facility signage • On-location parking signage identify the location and/or name of the lot and basic rules – and not much else Location(s): City of Seattle Approach: • e-Park, a real-time live feed of available parking spaces in participating parking garages throughout downtown (Figure 3.2.11) Key Points: N/A Location(s): City of Los Angeles, City of San Carlos, City of San Francisco, CA Approach: Parker app provides real-time parking availability information for both on-street parking spaces and off-street parking spaces in City and privately owned and/or operated parking lots and garages Key Points: • Availability is based on information transmitted from networked wireless sensors at each parking space 49 Figure 3.2.10 - The proposed Novato sign program features parking signs that are thematically tied to general wayfinding and other signs in the city. Figure 3.2.11 - Seattle’s e-Park sign boards show available parking spaces in participating downtown parking garages. DI.G Page 275 of 302 50 • Each wireless sensor is self-powered, requires 4-6 minutes to install, and costs $300/installation and $120/year in software licensing fees (per USA Today in a 2011 article) • App provides a map of parking locations, rates, and types (time limits) (Figure 3.2.12); allows for adding inventory to its map database, even without paying for and installing sensors • App can search for parking in proximity by destination and also direct drivers via voice navigation to the nearest space Figure 3.2.12 - The Parker app displays locations and rates of on- and off-street parking and real-time availability for parking spaces equipped with a networked wireless sensor. DI.G Page 276 of 302 4. The Parking Best Practices Toolbox 4.1 – How to Use the Toolbox The Parking Best Practices Toolbox is a collection of general best practices employed in the provision of parking, parking demand management, and operations of a parking system. Experiences of other jurisdictions examined and guiding principles from planning and parking literature drove what best practices ended up in the toolbox. The best practices contained herein, however, are not meant to be static; some may be removed and other may be added to the framework of the toolbox as parking patterns and results from parking research continue to evolve. In addition, what is a parking best practice generally is not necessarily a parking best practice specifically applicable to the DUC. As such, the Parking Best Practices Toolbox has been structured as such: • Description of the best practice; • Whether or not the best practice is currently implemented; • The action proposed for the best practice (continuation, modification, implementation, or no action); and • Where to find additional information, if available. In short, the toolbox embodies an at-a-glance evaluation of best practices applicable generally and specifically, in the CDPMP’s current iteration. Please turn to the next page for the Parking Best Practices Toolbox (Figure 4.1.1). 51DI.G Page 277 of 302 Best Practice (BP)Now Action More Information Commute trip reduction Yes Continue ACC10.02.070 Frequent transit access, citywide/regional Yes Modify Long-term rec Comprehensive Transportation Plan Off-street permit parking Yes Continue On-street paid parking, conventional meters No No action1 Case study On-street paid parking, "smart" meters No No action1 Case study On-street permit parking No Implement Short-term rec Roadway pricing No No action1 Timed parking Yes Modify Near-term rec Long-term rec Unbundled parking No No action2 Commute Trip Reduction Plan Elimination of parking minimums No No action3 Establishment of parking maximum Yes Continue ACC18.29.060(H) Parking lot lighting Yes Continue DUC Design Standards Parking lot pedestrian connections Yes Continue DUC Design Standards Parking lot screening Yes Continue DUC Design Standards Parking over, under, behind, or side of buildings Yes Continue DUC Design Standards Parking structure screening Yes Continue DUC Design Standards Parking structure w/ active street frontage Yes Continue DUC Design Standards Parking structures w/ environmentally-sensitive design Yes Continue DUC Design Standards Reductions for shared parking Yes Continue ACC18.29.060(H)(3) Smart growth Yes Continue ACC18.29.010 Parking spillover area planning, downtown-adjacent No Implement Short-term rec Long-term rec Single contact for all City parking matters No Implement Short-term rec Regular readjustment of current parking practices No Implement Short-term rec Regular reevaluation of current parking conditions No Implement Short-term rec Planning for investment in public parking, per supply deficit No Implement Short-term rec Case study Bikeshare No No action5 Carshare No No action5 Downtown valet No No action5 Frequent transit access, around downtown No Implement Long-term rec Parking ambassadors No Implement Short-term rec Case study Parking policy transparency No Implement Near-term rec Case study Parking shuttle No No action5 Parking structures w/ automated entry/exit and express ramps No No action4 Case study Parking structures w/ pay-before-leaving pay stations No No action4 Case study Parking structures w/ real-time space availability displays No No action4 Case study Planning for special events No Implement Short-term rec Case study Soft enforcement No Implement Short-term rec Existing Parking Infrastructure - Demand Management Future Parking Infrastructure - Development Regulations and Design Organization and Management Operations Planning Investment 52 DI.G Page 278 of 302 Best Practice (BP)Now Action More Information Clarity of maintenance roles No No action5 Centralized City parking webpage No Implement Near-term rec Case study Easy-to-read off-street parking signs No Implement Short-term rec Case Study Easy-to-read on-street parking signs No Implement Near-term rec Case study Parker smartphone app No No action6 Case study Parking alerts, for construction/maintenance No Implement Short-term rec Positive publicity for parking system No Implement Short-term rec Case study Real-time availability displays, for off-street parking No No action5 Case study Trailblazer signs No Implement Short-term rec Case study Marketing and Communications Maintenance 1 Current demand does not warrant best practice; current parking supply is sufficient; citizens not interested in best practice 2 Current transit service levels and development patterns not feasible to expect interest in completely car-free lifestyle 3 Current deisre to address parking impacts of anticipated development; parking minimums are already more generous in the DUC than in the rest of the City 4 Currently no parking structures are planned 5 Current demand does not warrant best practice; unknown when sufficient demand is anticipated 6 Currently too expensive; not intuitive to use when parking remains available, as in the DUC overall 53 Figure 4.1.1 - The Parking Best Practices Toolbox. DI.G Page 279 of 302 54 5. The Parking Action Plan 5.1 – Near-Term Recommendations Best Practice 5.1.1 Timed parking Action: Modify Description: Revise parking time limits for the City’s on- and off-street public parking spaces to 3 hours throughout the DUC Pros: • Allows visitors to patronize multiple businesses at a leisurely pace, no matter where they park • Reduces the confusion of brought upon by a myriad of time limits and signs, of which some currently conflict with each other, even on the same street Cons: • Lacks the nuance of area-specific time limits that would address the various needs for different types of parking in the DUC • Additional costs will be incurred to replace signs if redevelopment and increased demand necessitate area-specific time limits again • May be more difficult for parking enforcement officers to discern cars parked all day (cars of commuters and downtown employees, for example) Best Practice 5.1.2 Parking policy transparency Action: Implement Description: Remove all code referencing the City’s on- and off-street parking, create a new parking database maintained by staff, and insert new code specifying available parking that adopts the parking database by reference Pros: • Eliminates code that currently conflicts with on-street parking as-signed/as-marked or is outdated • Parking database can be updated administratively • Parking database can serve double-duty as public information on where to park in the DUC Cons: • Parking database would require time to develop Best Practice 5.1.3 Centralized City parking webpage Action: Implement DI.G Page 280 of 302 Description: Update website to include easy-to-locate map and information for on- and off-street public and permit parking available in the City (including potentially a ‘Where to Park If This Area is Full’ feature for areas and lots that experience peak parking occupancy in excess of 85%), pictures of all signs and explanations of what they mean, and better marketing for the City’s off-street permit parking program Pros: • Centralizes information for DUC parking • Provides information for alternative parking options when the desired parking lot or street is full • Provides information to help discern whether a parking space is public or permit, addressing the difficulty of doing so raised in the Downtown Parking Survey • Relatively easy and inexpensive to implement Cons: • In itself, may not be the most intuitive tool for finding parking spaces, especially for those that do not plan ahead or use smartphones Best Practice 5.1.4 Easy-to-read on-street parking signs Action: Implement Description: Design and install easy-to-read signs that identify availability and rules of on-street public parking Pros: • Relatively easy and inexpensive to implement Cons: • Additional costs will be incurred to replace signs if redevelopment and increased demand necessitate area-specific time limits again 55DI.G Page 281 of 302 56 5.2 – Short-Term Recommendations (1-5 Years) Best Practice 5.2.1 On-street permit parking Action: Modify Description: Expand and modify residential parking zone beyond D ST NW per demand; begin by providing 2 free parking permits per single-family residence, duplex unit, or townhouse unit with less than 2 off-street parking spaces (garage or paved), 1 free parking permit per single-family residence, duplex, unit, or townhouse unit with 2 or more off-street parking spaces (garage or paved), and 1 free parking permit per multifamily unit with less than 1 off-street parking space (garage or paved) per unit; charge nominal fee for additional permit and raise fees as demand necessitates; tailor to each residential parking zone by inventory of on-street parking supply Pros: • Provides long-term parking for residents and prevents other cars from parking all day in spaces convenient and valuable to residents, thereby encouraging downtown employees and commuters to obtain off-street parking permits • Free permits to a certain extent is more or less in line with the overwhelming Downtown Parking Survey response of not having to pay for parking • Reinforces a “customer-first” ethic amongst downtown employees who choose to park on- street all day by providing impetus to purchase an off-street parking permit Cons: • Past opposition has stalled implementation of residential parking zones in areas just beyond the DUC Best Practice 5.2.2 Parking spillover area planning, downtown adjacent Action: Implement Description: Consider areas expected to experience impacts from DUC parking, even if not technically located within the DUC Pros: • Addresses potential parking spillover impacts from the DUC so that parking problems are not simply shifted away from the DUC into surrounding areas Cons: • Past opposition has stalled implementation of residential parking zones in areas just beyond the DUC Best Practice 5.2.3 Single contact for all City parking matters Action: Implement Description: Designate one department or division that is the single contact for all parking-related matters in the City, despite whatever the organizational structure is behind-the-scenes DI.G Page 282 of 302 57 Pros: • Reduces confusion of who is in charge of parking in the City and increases transparency, as perceived by the public; is a more user-friendly approach to interactions with the public Cons: • N/A Best Practice 5.2.4 Regular readjustment of current parking practices Action: Implement Description: Adjust permit rates, time limits, residential permit zones, etc. to respond to current parking conditions in the DUC at least every 5th year in the parking planning cycle Pros: • Responds to current parking conditions in the DUC, implements current parking best practices for the City, and modifies or eliminates failing parking policies Cons: • Additional costs will be incurred if additional consultation and staffing from private parking consultants are required for implementation rather than City staff alone Best Practice 5.2.5 Regular reevaluation of current parking conditions Action: Implement Description: Evaluate supply and demand of parking in the DUC at peak weekday hours (11am-2pm) every year, comprehensively every 4th year in the parking planning cycle Pros: • Evaluates current parking conditions in the DUC to guide implementation of current parking best practices for the City and modification or elimination of failing parking policies Cons: • Additional costs will be incurred if additional consultation and staffing from private parking consultants are required for implementation rather than City staff alone Best Practice 5.2.6 Planning for investment in public parking, per supply deficit Action: Implement Description: Evaluate funding options, existing and potential overflow from Auburn Transit Center, and implement a multi-faceted plan to finance additional public parking, per supply deficit observed Pros: • Addresses potential public parking supply deficit identified by the CDPMP • Reduces risk with diversity of funding options utilized Cons: • Does not consider measures to reduce parking demand and congestion in problem areas of downtown without expanding the physical infrastructure of public parking DI.G Page 283 of 302 58 Best Practice 5.2.7 Parking ambassadors Action: Implement Description: Assign parking ambassador responsibilities to existing parking enforcement and downtown patrol officers, including provision of information (and informal safety by parking enforcement officers) Pros: • Generates goodwill • Reinforces a “customer-first” ethic by pointing people in the right direction in terms of destinations and parking in the DUC, including alternative parking options when the desired parking lot or street is full • Decentralizes the delivery of information centralized at the City’s Permit Center and website • Provides additional transparency to parking policies • Diversifies the role of existing parking enforcement officers Cons: • Requires coordination between multiple departments and divisions and relies on one representative to convey each department or division’s respective parking policies • Additional costs will be incurred if additional consultation and staffing from private parking operators are required for implementation Best Practice 5.2.8 Planning for special events Action: Implement Description: Require organizers to designate event parking, distribute information for event parking, make multiple exits available, and establish pedestrian paths Pros: • Addresses difficulties experienced during event parking, as expressed in responses from the Downtown Parking Survey • Addresses potential parking spillover impacts from the DUC so that parking problems from special events are not simply shifted away from the DUC into surrounding areas • Generates goodwill with efficient organization of special events Cons: • N/A Best Practice 5.2.9 Soft enforcement Action: Implement DI.G Page 284 of 302 59 Description: Develop and implement 3-strikes parking enforcement policy wherein the first 2 strikes consist of dismissible tickets and education on where to park Pros: • Generates good will • Allows those genuinely unfamiliar with downtown parking an opportunity to park “correctly” • Reinforces a “customer-first” ethic amongst downtown employees who choose to park on- street all day by providing impetus to purchase an off-street parking permit Cons: • Off-street permit parking demand already exceeds supply • May shift cars to unlimited time on-street parking on residential streets beyond the DUC Best Practice 5.2.10 Easy-to-read off-street parking signs Action: Modify Description: Design and install easy-to-read signs that identify availability of off-street public parking, identifier/location of off-street parking lot, and alternative parking options Pros: • Relatively easy and inexpensive to implement • Reduces perceived last mile when off-street parking lot is easy to identify and remember • Reduces parking demand and congestion in problem areas of downtown without expanding physical infrastructure of parking by shifting demand to underutilized off-street parking lots Cons: • May work too well, shifting parking supply problems to formerly underutilized off-street parking lots Best Practice 5.2.11 Parking alerts, for construction/maintenance Action: Implement Description: Alert interested parties and drivers through the City’s website, emails, text alerts, and pre- closure on-location signage so that they are not caught off-guard when regularly available parking becomes unavailable Pros: • Provides additional transparency to parking availability • Allows people to plan for alternative parking and/or transportation options • Decentralizes the delivery of information centralized at the City’s Permit Center and website (through text alerts and on-location signage) • Utilizes existing City communication channels (website and construction notices) DI.G Page 285 of 302 60 Cons: • Additional costs will be incurred if additional technological resources are required (text alerts) • May become unwanted information overload if implemented incorrectly Best Practice 5.2.12 Trailblazer signs Action: Implement Description: Direct drivers to available off-street parking Pros: • Decentralizes the delivery of information centralized at the City’s Permit Center and website • Relatively easy and inexpensive to implement Cons: • May work too well, shifting parking supply problems exclusively to off-street parking lots • Additional costs will be incurred to replace signs if comprehensive downtown signage program is implemented in the future DI.G Page 286 of 302 61 5.3 – Long-Term Recommendations (6-10 Years) Best Practice 5.3.1 Frequent transit access, citywide/regional Action: Modify Description: Evaluate demand and petition for demand-appropriate reductions to current 30-minute headways and expansion of evening service Pros: • Reduces parking demand and congestion by making trips to and from downtown more enticing and feasible, without expanding physical infrastructure of parking • Expands the customer base for the DUC • Responds to anticipated growth in demand required to support increase from current levels of transit access Cons: • May be difficult for buy-in from cash-strapped transit agencies Best Practice 5.3.2 Timed parking Action: Modify Description: Revise parking time limits for the City’s on- and off-street public parking spaces to area- specific time limits as-needed Pros: • Provides nuanced time limits that address various needs for different types of parking in the DUC, especially areas with high peak occupancy • Increases the ultimate number of visitors to the DUC by increasing turnover Cons: • May increase confusion brought upon by a myriad of time limits and signs • Additional costs will be incurred to replace existing 3-hour time-limit signs Best Practice 5.3.3 Parking spillover area planning, downtown adjacent Action: Implement Description: Continue to consider areas expected to experience impacts from DUC parking, even if not technically located within the DUC Pros: • Addresses potential parking spillover impacts from the DUC so that parking problems are not simply shifted away from the DUC into surrounding areas • May be easier to implement in the long-term as potential parking spillover impacts from the DUC become more identifiable DI.G Page 287 of 302 62 Cons: • Past opposition has stalled implementation of residential parking zones in areas just beyond the DUC Best Practice 5.3.4 Frequent transit access, around downtown Action: Implement Description: Evaluate demand and petition for demand-appropriate reductions to current 30-minute and 1-hour headways, expansion of service area by rerouting, and expansion of evening service Pros: • Reduces parking demand and congestion in problem areas of downtown by reducing the last mile between parking space and destination, without expanding physical infrastructure of parking • Responds to anticipated growth in demand required to support increase from current levels of transit access Cons: • May be difficult for buy-in from cash-strapped transit agencies • Additional costs will be incurred if additional consultation and staffing from private paratransit operators for implementation is required DI.G Page 288 of 302 Potential Parking Spillover Areas (PPSA's) 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 7/9/2012*Potential Parking Spillover Areas (PPSA’s) are areas within .25 miles from the edges of the Downtown Urban Center (DUC) and Business Improvement Area (BIA), whose boundaries delineate downtown Auburn. Availability of on-street public parking in PPSA’s is potentially impacted by spillover parking demand generated from downtown Auburn and/or large businesses, institutions, public gathering places, and other parking-generating uses within the PPSA itself. Downtown Urban Center (DUC) & Business Improvement Area (BIA) Potential Parking Spillover Area* (PPSA) Appendix ADI.G Page 289 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Capital Project Status Report Date: January 13, 2014 Department: Public Works Attachments: Capital Project Status Report Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Sweeting Meeting Date:January 21, 2014 Item Number:DI.I AUBURN * MORE THAN YOU IMAGINEDDI.I Page 290 of 302 Date: January 15, 2014 A 1 CP 0 9 1 2 Citywide Guardrail Improvements: This project will complete guardrail improvements along Kersey Way, Green River Road, and Mountain View Drive. - 50,000 (Street) 502,275 (Federal) 552,275 483,319 100%Jul-13 99%Dec-13 Larson Working on punchlist items.N/A Peterson Brothers 2 C2 0 1 A M Street Underpass (Grade Separation): The purpose of this project is to grade separate ‘M’ Street SE from the Burlington Northern Santa Fe Stampede Pass Rail line in Phase 1 and completion of the Auburn Black Diamond Road Bypass connection is a future phase. - 5,166,560 (Street) 150,000 (Water) 872,372 (Fed Grant) 5,990,000 (FMSIB) 2,630,509 (TIB) 1,106,592 (King County) 1,542,800 (Ports) 478,000 (BNSF) 1,140,000 (REET2) 3,397,174 (PWTF) 22,474,007 22,474,007 100%Dec-11 99%Jan-14 Vondrak Punchlist work is all that remains to be completed and is weather dependent, which will carry into January 2014. CH2MHill Scarsella Brothers 3 CP 1 3 0 2 2013 Pavement Patching, Chipseal and Overlay Project: This project will complete pavement patching, chip seal treatments and overlay work on both arterial/collector and local roadways for the purpose of preservation throughout the City. - 1,878,000 (Street) 1,878,000 1,848,000 100%Jun-13 100%Jan-14 Wickstrom Final payment is in process.N/A Miles Resources 4 C4 1 0 A S. 277th Wetland Mitigation Monitoring: This project is an on-going project to complete the required monitoring and maintenance of the wetland mitigation sites for the S. 277th Grade Separation Project. Sites are located on the North property and at the corner of 44th St NW and Frontage Road. Permits require the City to monitor the sites for 10 years. - 325,343 (Street) 325,343 324,606 100%Apr-11 98%May-14 Larson Construction Work is complete, however, the project is in the 2-year plant establishment period and the finish date reflects this. Budget and Costs shown are for years 2006 thru 2013 of this 10 year process. Budget for 2013 only is $50,000. Watershed Company / Redeye Nordic Construction De s i g n Co n s u l t a n t Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Priority Group (1-3) Other Total Budget % Co m p l e t e Adv. Date Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r Page 1 of 8 DI.I Page 291 of 302 Date: January 15, 2014 A De s i g n Co n s u l t a n t Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Priority Group (1-3) Other Total Budget % Co m p l e t e Adv. Date Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r 5 CP 1 2 2 5 West Valley Highway Preservation - 15th NW to 37th NW: This project will complete an overlay of WVH for the purpose of pavement preservation. - 560,000 (Street) 560,000 (Federal) 560,000 (Federal) 1,120,000 1,093,525 100%Jul-13 99%Jan-14 Wickstrom Signal modification work is all that remains to be completed. Schedule slip due to material procurement. (on-call)?Icon 6 C5 2 4 A SCADA System Improvement: This project will upgrade the City's SCADA system to meet Public Works goals. - 3,096,767 (Water) 1,908,148 (Sewer) 857,820 (Storm) 5,862,735 5,862,735 100%Nov-09 94%May-14 Lee Implementation Contract executed. Preliminary Design and Final Design are Complete. Installation of the Controls at M&O is complete and conversion of all 3 test sites are complete. The remaining site conversions are underway with 35 sites of 38 completed. The finish date has been changed from April 2014 to May 2014 to reflect the sites added by change order. TSI TSI 7 CP 0 9 0 9 Academy Booster Pump Station: This project will update/replace the existing pump station in the Academy water service area in order to meet fire flow demands. - 3,096,767 (Water) 1,908,148 (Sewer) 857,820 (Storm) 3,526,255 3,168,295 100%Sep-12 92%Apr-14 Vondrak Work is underway.Carollo Engineers Rodarte 8 CP 1 1 2 0 Lea Hill Safe Routes to Schools Improvements: This project will complete improvements for safe walking routes to Hazelwood Elem., Lea Hill elem., and Rainer Middle School along 116th Ave. SE and SE 312 St. - 34,000 (Street) 398,500 (Federal) 21,597 (Police & ASD In Kind Services) 454,097 447,600 100%Jun-13 92%Feb-14 Truong Final contract work is awaiting private utility pole relocation and connections, which will carry in to early 2014. Parametrix (signal only)Anchor 9 CP 1 2 0 7 D Street NE Utility Improvements: This project will complete storm, sewer, water and street improvements related to the Port of Seattle mitigation agreement on D Street NE. - 296,186 (Water) 367,377 (Sewer) 72,796 (Storm) 42,200 (430 Port) 162,203 (431 Port) 597,204 (432 Port) 1,537,966 1,528,801 100%Aug-13 17%Apr-14 Truong Work is underway. N/A Jennings Northwest 10 CP 1 3 0 7 Control Structure Installation Project: This project will install control structures on existing storm systems as needed to comply with NPDES permit requirements. - 50,000 (Storm) 50,000 47,055 100%Oct-13 100%Jan-14 Wickstrom Final payment is in process.N/A RW Scott Page 2 of 8 DI.I Page 292 of 302 Date: January 15, 2014 A De s i g n Co n s u l t a n t Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Priority Group (1-3) Other Total Budget % Co m p l e t e Adv. Date Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r 11 CP 1 2 2 2 Citywide Traffic Signal Improvements: This project will construct safety improvements at a number of signals throughout the City. - 81,916 (Street) 400,000 (Federal) 481,916 472,889 100%Oct-13 0%Mar-14 Lee Notice to proceed issued to the Contractor for January 13, 2014.Parametrix Valley Electric of Mount Vernon 12 CP 1 3 0 1 2013 Sidewalk Repair Project: This project will complete repair and replacement of existing sidewalks at various locations around Downtown and Auburn High School. 1 260,000 (328 Fund) 260,000 250,700 100%Jan-14 Feb-14 Carter Contract documents being finalized. The Contract is anticipated to advertise on January 7, 2014 with bids opening January 21, 2014. N/A 13 CP 1 1 0 7 Fulmer Wellfield Improvements: This project will be done in phases. The first phase 1A will complete investigation of the Fulmer Wellfield area to determine the required analysis and drilling program needed to utilize the full water rights. Phase 1B will complete a drilling and testing program as well as an alternatives analysis. Phase 2 will complete the physical improvements. 1 2,200,000 (Water) 2,200,000 497,364 80%N/A Mar-14 Repp The estimated costs are for the Phase 1A only and will be revised when this phase is completed. Consultant work is underway. Technical findings from Phase 1A were discussed at the 10/21 PWC meeting. Golder Associates 14 CP 1 1 2 2 30th Street NE Storm Improvements: This project will replace the 30-inch storm drainage line along 30th Street NE from the north end of the Airport to the Brannon Park Storm Pump Station to address localized flooding issues. 1 2,974,699 (Storm) 2,974,699 2,822,299 95%Feb-14 Aug-14 Truong Consultant design work is nearing completion.Otak 15 CP 1 1 1 8 Auburn Way South Pedestrian Improvements - Dogwood to Fir Street: This project will construct a new street lighting system, landscaped median island, a designated mid-0block crosswalk, relocation of existing utility poles, and modifications to the existing signal at Dogwood St. This project also includes a public education element for pedestrian safety. 1 219,782 (Street) 130,039 (Water) 740,830 (State) 100,000 (Federal) 330,000 (MIT) 1,520,651 1,418,011 92%Apr-14 Mar-15 Sweeting Working with MIT and WSDOT on potentially re-scoping the project to provide a signal at Fir Street in place of the pedestrian crossing at Elm Street. Start date changed from February 2014 to April 2014 to allow for additional coordination time with MIT. CH2MHill Page 3 of 8 DI.I Page 293 of 302 Date: January 15, 2014 A De s i g n Co n s u l t a n t Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Priority Group (1-3) Other Total Budget % Co m p l e t e Adv. Date Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r 16 CP 1 1 1 9 Auburn Way South Corridor Improvements - Fir St. SE to Hemlock St. SE: This project will widen AWS between Fir and Hemlock Streets from 3 lanes to 5 lanes and includes new sidewalks, street lighting, transit improvements and install a new signal at Hemlock St. 1 200,849 (Street) 13,853 (Water) 40,300 (Sewer) 2,425,402 (TIB) 836,601 (MIT) 3,517,005 3,484,703 92%Apr-14 Mar-15 Sweeting The current plan is to construct CP1118 and CP1119 under the same construction contract. Working with MIT and WSDOT on project design issues. ROW acquisition process has begun. Start date changed from February 2014 to April 2014 to allow for additional coordination time with MIT. CH2MHill 17 CP 0 9 1 5 Well 1 Improvements - Well Replacement: This project will rehabilitate or replace Well 1 so that it can function at full capacity and complete modifications to the Howard Road Corrosion Control Facility. 1 2,476,568 (Water) 2,476,568 2,400,000 90%Feb-14 Dec-14 Lee Consultant design is underway. Advertisement is also dependant on DOH approval which is in process. Golder Associates 18 CP 1 2 0 8 Sewer Pump Station Improvements (Repair & Replacement Program): This project will repair and modify existing sanitary sewer pump station facilities located at: F St SE, R St NE, 22nd St NE, Rainer Ridge, Valley Meadows, 8th St NE, Area 19, North taps, Peasley Ridge, Riverside, and Terrace View to address access, corrosion resistance, site security and new generators where needed. 1 955,000 (Sewer) 955,000 955,000 90%Jan-14 Jun-14 Truong Design is underway. Jacobs/C? 19 CP 1 0 2 4 AWS and M Street SE Intersection Improvements: This project will complete improvements at the intersection per Option 2 selected by the Public Works Committee to address capacity and safety concerns. 1 250,000 (Street) 450,000 (TIB) 700,000 705,000 90%Apr-14 Sep-14 Sweeting AWS/M St. SE - Installed protected left turn for east/west bound traffic on AWS turning onto M St. SE (Completed) 17th/M St. SE - restrict left turn movements from 17th to M. (Completed) AWS/M St. SE Intersection - Option 2 was selected by the Committee, June 2012. Design work is underway. Working with WSDOT on channelization approvals. Property acquisition is underway. Parametrix (signal only) Page 4 of 8 DI.I Page 294 of 302 Date: January 15, 2014 A De s i g n Co n s u l t a n t Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Priority Group (1-3) Other Total Budget % Co m p l e t e Adv. Date Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r 20 CP 1 3 0 8 BNSF Utility Crossings Project: This project will address utility crossings of the BNSF right-of-way that will be affected by the 3rd rail line that BNSF/Sound Transit plan to building in March 2014. 1 780,000 (Water) 320,000 (Sewer) 500,000 (Storm) 1,600,000 1,600,000 70%Feb-14 Aug-14 Lee Consultant design work is underway. Coordination with BNSF for required permits is underway. Parametrix 21 CP 1 1 0 9 2011 Storm Pipeline Repair and Replacement, Phase 2: This project will construct storm drainage improvements on Hi-Crest Drive NW. 1 377,740 (Storm) 377,740 411,195 60%Mar-14 Oct-14 Lee Design work underway. Lakehaven has requested that the City complete the relocation of their waterline at Lakehaven's costs as part of the project. This work is needed in order to construct the new storm line and execution of an agreement with Lakehaven is in progress. N/A 22 CP 1 3 0 4 37th St & B St NW BNSF Pre-Signal: This project will complete improvements to the rail crossing at 37th Street NW and B Street NW to address safety concerns. 1 76,900 (Street) 307,550 (Federal) 384,450 384,450 50%May-14 Dec-14 Sweeting Consultant design work is on hold awaiting confirmation from BNSF on the signal pre-emption required. Coordination with private utilities for relocation work is also underway. KPG 23 CP 1 2 1 9 Valley AC Watermain Replacement: This project will repair or replace asbestos cement water lines along AWN, 49th and B St NW and at the M&O/Parks Maintenance area. 1 1,233,574 (Water) 1,233,574 1,208,722 32%Mar-14 Oct-14 Truong Design is underway.N/A 24 CP 1 2 0 2 AWS Flooding Phase 2: This project will construct conveyance improvements on 17th Street SE from A Street SE to K Street SE and increase the capacity of the existing detention pond located on A Street SE. 1 1,638,000 (Storm) 1,638,000 1,638,000 35%Jun-14 Dec-14 Lee Consultant design work is underway.KPG 25 CP 1 1 0 4 104th Street & 8th Street NE Intersection Improvements: This project will provide safety improvements at the intersection of 8th Street SE and 104th Avenue SE, including signal modifications and sight distance improvements. 1 326,000 (Street) 100,000 (Fed. Grant) 426,000 250,000 25%Apr-14 Oct-14 Larson Design is underway.N/A Page 5 of 8 DI.I Page 295 of 302 Date: January 15, 2014 A De s i g n Co n s u l t a n t Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Priority Group (1-3) Other Total Budget % Co m p l e t e Adv. Date Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r 26 C2 2 2 A 277th - Auburn Way North to Green River Bridge: This project will complete the widening of S 277th from the intersection of Auburn Way North to L Street NE, including the construction of a pedestrian trail and relocation of the floodway along S 277th. 1 989,185 (Street) 1,020,700 (Federal) 2,300,000 (Developer) 4,000,000 (TIB) 8,309,885 8,309,885 19%Nov-14 Sep-15 Vondrak Consultant design and environmental permitting work is underway. Developer agreement is in place with RPG. Parametrix 27 CP 1 2 1 8 Auburn Way South & Riverwalk Intersection Improvements: This project will construct improvements to the intersection of AWS and Riverwalk Drive and complete minor widening and add additional capacity from the MIT Plaza signal to the Dogwood signal. 1 2,333,108 (Federal) 2,333,108 2,333,108 17%Jul-14 Nov-15 Sweeting Consultant design work is underway. Coordination with MIT is in process.CH2MHill 28 C5 1 2 A Well 4 Improvements: This project will construct a new building to house a standby generator and disinfection equipment. 2 1,306,288 (Water) 1,306,288 1,296,820 95%Mar-14 Oct-14 Wickstrom Consultant design work is underway. Comments from DOH are being addressed. RH2 29 CP 0 7 6 5 Lakeland Hills Reservoir Improvement: This project will provide various improvements at the reservoir, including painting, seismic upgrades, and facility modifications. 2 400,000 (Water) 400,000 400,000 75%Sep-14 Aug-15 Larson Consultant work underway for completion of design to accommodate recent improvements at the site. Gray & Osborne 30 C2 2 9 A BNSF/EVH Pedestrian Undercrossing: This project will construct a pedestrian undercrossing of both East Valley Highway (A St SE) and the BNSF rail tracks just north of the White River. 3 385,000 (State) 385,000 9,000,000 60%Hold Hold Vondrak Final design on hold pending BNSF issues. Additional funds will be required to complete design, environmental permitting, and construction. N/A CPS TOTAL 35,829,945 35,530,617 71,360,562 77,216,089 Page 6 of 8 DI.I Page 296 of 302 Date: January 15, 2014 No. Proj. No.Location/Description Priority Group (1-3) Local Street Funds (103) Utilities Other Total Budget % Co m p l e t e Adv. Date % Co m p l e t e Finish Date Project Manager Status31 31 CP 1 2 2 4 2013 Local Street Reconstruction: This project will complete the reconstruction of the following local roadways: 23rd St SE - M to R St SE H St NE - 4th to 8th 5th St NE - H to Cul-de-sac Park Ave - AWN to Park Also included in this project is the replacement of waterline on V St SE, from 2nd to 4th St SE. - 2,322,250 650,000 (Water) 200,000 (Sewer) 3,172,250 2,454,969 100%May-13 99%Jan-14 Wickstrom Work is underway with only punchlist work remaining on all streets. Weather and the holidays have pushed the finish date into January 2014. Jacobs Rodarte Other SOS Projects: CP1302, 2013 Pavement Patching, Chip Seals, and Overlays. N/A 413,920 413,920 212,000 Wickstrom For Status see CP1302 2,322,250 850,000 - 3,172,250 2,454,969 32 CP 1 3 2 3 2014 Local Street Reconstruction Project: This project will complete the reconstruction of the following local roadways: K St NE - East Main to 4th St NE H St SE & 19th St SE - 21ST St SE to 17th St SE 24th St SE - M St SE to R St SE - 1,548,162 250,000 (Water) 500,000 (Sewer) 2,298,162 2,869,950 1%Jun-14 Dec-14 Carter Design is underway. Budget carry forward of unspent 2013 funds in the amount of $505,000 is anticipated as well as additional water funds to complete the work. Jacobs TBD Other SOS Projects: 2014 Pavement Patching and Overlays.N/A 176,083 176,083 176,083 Carter Local Street's have been selected and reviewed by PWC, awaiting Arterial street selection to begin design. 1,724,245 750,000 - 2,474,245 3,046,033 3,096,767 2013 & 2014 TOTAL SOS PROGRAM 4,046,495 1,600,000 - 5,646,495 5,501,002 2014 SOS Program Totals SOS PROGRAM STATUS REPORT Project Budget ($) Total Estimated Costs Design Construction 2013 SOS Program Totals De s i g n Co n s u l t a n t Co n t r a c t o r Page 7 of 8DI.I Page 297 of 302 Date: January 15, 2014 No. Proj. No.Location/Description % C o m p l e t e Adv. Date % C o m p l e t e Finish Date Staff Manager Action Committee Status A CP 1 1 1 5 City Hall NW Plaza Improvements: This project will renovate the NW entrance to City Hall similar to the recent improvements on the south side of City Hall. Work will include new pavement, updated lighting, ADA Ramp upgrades and new City Hall signage. 475,977 458,570 99%TBD TBD Chamberlain PCDC Consultant work is on hold pending scope discussion with committee on LRF bond funds likely to occur in early 2014. KPG B CP 1 0 1 6 Fenster Levee Project: This project will complete new levee improvements on the Fenster Levee along the Green River. 1,266,100 1,265,000 65%Jun-14 Dec-14 Andersen PCDC Work will be completed by King County. Secured funding is from 4 Grants and matching storm funds. The additional 327k in SRFB funding was awarded. Pre-Design work is complete. The Design by King County is underway with the review of comments from SRFB. Funding agency must approve design and schedule has been updated to reflect this. Environmental approvals are also in process. King County King County TOTAL OTHER PROJECTS 1,742,077 1,723,570 Total Budget OTHER PROJECTS - ACTION BY OTHER COMMITTEE Total Estimated Costs Design Construction De s i g n C o n s u l t a n t Co n t r a c t o r Page 8 of 8DI.I Page 298 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Significant Infrastructure Projects by Others - Public Works Status Report Date: January 13, 2014 Department: Public Works Attachments: Significant Infrastructure Projects by Others Report Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Gaub Meeting Date:January 21, 2014 Item Number:DI.J AUBURN * MORE THAN YOU IMAGINEDDI.J Page 299 of 302 Date: January 14, 2014 No. Sponsor/ Applicant Location/Description Length Permit(s) Issued Anticipated Completion Date Per Applicant Status 1 Green River Community College 320th Street Improvements: This project will widen 320th Street along the frontage of Green River Community College from 124th Ave Se to the west College Boundary. 1325 Feet Yes Jan-14 Construction work is nearly complete and we are awaiting completion of the crosswalk flasher. 2 King County Wastewater 17th Street SE, K St SE to C St SW - Trunk Sewer Main Installation: This project will install a 42-inch sewer trunk line along 17th Street SE from K Street SE to C Street SW including crossing the BNSF rail yard. 3050 Feet Yes Feb-14 Project is under construction. The roadway is paved and channelization work is in progress but is weather dependant. Landscape restoration and survey monuments are yet to be completed. 3 Puget Sound Energy 17th Street SE, K St SE to F St SE - Gas Main Replacement: This project will replace the existing 2-inch gas main along 17th Street SE from K Street SE to F Street SE. 1345 Feet Yes Jan-14 Construction has begun along the north side of 17th Street (opposite side from the County's work). Some sidewalks are being removed and replaced to complete this work. 4 King County Flood Control District Reddington Levee: This project will replace the Reddington Levee from approximately 26th St NE to 43rd Street NE. 0.9 Miles Yes Summer 2014 Facility Extension permit and Construction permits have been issued. Contractor work will be on-going through 2013. Paving of the levee roadway is complete. 5 Auburn School District Auburn High School Replacement: This project will include roadway and utility improvements to support the new Auburn High School. Improvements include modifications to Storm, Water and Sanitary Sewer mainlines and roadway improvements on Main Street and 4th Street NE. N/A - Multiple Block Development Yes Summer 2015 Work on the Phase 1 portion of the project has begun and is anticipated to be completed in 2015. Phase 2 plans have been approved. Utility work is on schedule and their main focus is the building construction at this time. 6 Puget Sound Energy 2nd Street NE Gas Main Replacement: This project will replace the 6-inch gas main on 2nd Street NE from Auburn Avenue to D Street SE, including a crossing of Auburn Way North, then continue south on D Street NE to Main Street. 1215 Feet Yes Jan-14 Work is under construction and is anticipated to be completed in late January. Due to the inability to bore across AWN, PSE is open cutting the roadway and will complete appropriate patching and overlay work once finished. 7 Yarrow Bay Development 124th Ave SE Half Street Road Improvements: This project will complete half street roadway improvements on 124th Ave SE from SE 304th St. north to approximately SE 290th St. for the 3rd phase of the Verdana (Bridges) Plat development that is in Kent. 3,800 Feet Yes Early 2014 Work is underway. Contractor has completed the roadway widening and utility work. Remaining work includes sidewalks, landscaping and street lighting and some are weather dependant. SIGNIFICANT INFRASTRUCTURE PROJECTS BY OTHERS - PUBLIC WORKS STATUS REPORT NOTE: Projects included on this list are those that have a broad public interest, significant impact to the public, involve interlocal agreements, and/or may include the installation of key infrastructure by others (such as pump stations etc.) 1 of 1 DI.J Page 300 of 302 AGENDA BILL APPROVAL FORM Agenda Subject: Action Tracking Matrix Date: January 13, 2014 Department: Public Works Attachments: Matrix Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:January 21, 2014 Item Number:DI.K AUBURN * MORE THAN YOU IMAGINEDDI.K Page 301 of 302 Updated: 1/15/2014 12:48 PM No.Item Description Staff Lead Next PWC Review Date Estimated Completion Date Status A Track completed project on the Current Year Active Capital Improvement Projects Map Gaub 1/21/2014 N/A Ongoing - Quarterly updates B System Development Charges Repp 1/21/2014 2/3/2014 Consultant to complete analysis C Cost of Service Analysis Repp 2/18/2014 3/3/2014 Consultant to complete analysis D LED Lighting Standards Para 2/3/2014 TBD Staff is preparing a detailed matrix for City Council members to review and provide feedback regarding existing LED street lighting installations. E Speed Cushion Design Standards Para 2/3/2014 2/3/2014 Review possible design revisions. F Green River Watershed/Levee Presentation 2/3/2014 2/3/2014 Review the Levee System within the City of Auburn and how planned work on the levee's effect the City and the City's finances. G Transportation Impact Fee Structure Analyses Webb 3/17/2014 TBD Detailed process and regulatory review of Traffic Impact Fee system. An initial review of the fee determination process with Committee will be done in the March time frame. H Riverwalk Sidewalk Project Para 5/19/2014 TBD Chair Wagner asked staff to develop scope for future sidewalk improvement project on Riverwalk for committee review. I Auburn Way South SR-164 Corridor Plan Review Para 6/2/2014 6/2/2014 Review SR-164 Corridor Plan. J Regulatory Sign Visibility Para 3/3/2014 3/3/2014 Chair Wagner requested staff review whether the brightness of new LED signal lamps was obscuring the visibility of adjacent regulatory signage. Public Works Committee - Action Tracking Matrix DI.K Page 302 of 302