HomeMy WebLinkAbout06-02-2014 CITY COUNCIL AGENDA
City Council Meeting
June 2, 2014 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
No public hearing is scheduled for this evening.
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
B.Planning & Community Development
1. May 27, 2014 Minutes* (Holman)
C.Public Works
1. May 19, 2014 Minutes* (Osborne)
D.Finance
1. May 18, 2014 Minutes* (Wales)
E.Les Gove Community Campus
F.Council Operations Committee
1. May 30, 2014 Agenda* (Wagner)
Page 1 of 72
IV.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. May 18, 2014 Regular Meeting Minutes*
B. Claims Vouchers (Wales/Coleman)
Claims check numbers 428728 through 428912 in the amount of $1,446,429.92
and 4 wire transfers in the amount of $156,288.21 and dated June 2, 2014.
C. Payroll Vouchers (Wales/Coleman)
Payroll check numbers 534715 through 534754 in the amount of $266,370.65,
electronic deposit transmissions in the amount of $1,293,778.04 for a grand total
of $1,560,148.69 for the period May 15, 2014 to May 28, 2014.
D. Public Works Project No. CP1323* (Osborne/Snyder)
City Council to grant permission to advertise for bids for Project No. CP1323, 2014
Local Street Pavement Reconstruction Project
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.ORDINANCES
A. Ordinance No. 6506* (Osborne/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, granting to tw
telecom of washington llc, A Delaware Limited Liability Company, a Franchise for
Telecommunications
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance No.
6506.)
VIII.RESOLUTIONS
A. Resolution No. 5065* (Osborne/Snyder)
A Resolution of the City Council of the City Of Auburn, Washington, setting a
Public Hearing to consider the vacation of un-opened Right-of-Way of South 324th
Street between 46th Place South and 51st Avenue South, South of South 321st
Street, within the City of Auburn, Washington
(RECOMMENDED ACTION: City Council adopt Resolution No. 5065.)
B. Resolution No. 5074* (Osborne/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, setting the time
and date for a public hearing before the City Council on the 2015-2020
Transportation Improvement Plan
Page 2 of 72
(RECOMMENDED ACTION: City Council adopt Resolution No. 5074.)
IX. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
X.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
May 27, 2014 Minutes
Date:
May 28, 2014
Department:
Planning and Development
Attachments:
May 27, 2014 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Holman Staff:
Meeting Date:June 2, 2014 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 4 of 72
Planning and Community
Development
May 27, 2014 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair John Holman called the meeting to order at 5:00 p.m. in Annex
Conference Room 2 located on the 2nd floor of One Main Professional
Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair John Holman, Vice-Chair Largo Wales and Member Yolanda
Trout were present. Also present were Mayor Nancy Backus, City
Attorney Dan Heid, Director of Community Development and Public
Works Kevin Snyder, Director of Administration Michael Hursh,
Assistant Director of Community Development Services Jeff Tate,
Assistant Director of Engineering Services/City Engineer Ingrid Gaub,
Planning Services Manager Elizabeth Chamberlain, Transportation
Manager Pablo Para, Emergency Preparedness Manager Sarah
Miller, Veterans/Human Services Coordinator Erica Sullivan,
Engineering Aide Amber Mund, and Community Development
Secretary Tina Kriss.
Members of the Audience present: Councilmember Osborne, Jim
Honan, Kim Lorenz, Drew Zaborowski, Casey Sheehan, Eric Little,
Brent Carson, and Robert Whale of the Auburn Reporter.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. Minutes - May 12, 2014 (Tate)
Vice Chair Wales moved and Member Trout seconded to approve the
May 12, 2014 minutes as written.
Motion carried unanimously. 3-0
III. ACTION
A. Resolution No. 5074 (Para)
Transportation Manager Pablo Para presented the staff report on
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PCD.1 Page 5 of 72
Resolution No. 5074, to set the time and date for a public hearing to
amend the six year 2015-2020 Transportation Improvement Plan.
Vice-Chair Wales moved and Member Trout seconded to recommend
City Council adopt Resolution No. 5074.
Motion carried unanimously. 3-0
B. Resolution No. 5069 (Miller)
Emergency Preparedness Manager Sarah Miller provided background
information on Resolution No. 5069, authorizing the acceptance of a
grant from the Washington Service Corps to provide a full-time
disaster services member to the City of Auburn, and authorizing the
Mayor and City Clerk to execute the necessary agreements to accept
said member.
The Committee discussed the history of the position and was
supportive of the Resolution.
Vice-Chair Wales moved and Member Trout seconded to request City
Council adopt Resolution No. 5069.
Motion unanimously moved. 3-0
C. Resolution No. 5070 (Miller)
Emergency Preparedness Manager Sarah Miller introduced the City's
Veterans/Human Services Coordinator Erica Sullivan to the
Committee and provided background information on Resolution No.
5070, a Resolution of the City Council of the City of Auburn,
Washington, authorizing the acceptance of a grant from the
Washington Service Corps to provide a full-time veterans services
member to the City of Auburn, and authorizing the Mayor and City
Clerk to execute the necessary agreements to accept said member. A
discussion was held regarding the position history and previous grant
funding; the Committee was supportive of the Resolution.
Vice-Chair Wales moved and Member Trout seconded to request City
Council adopt Resolution No. 5070.
Motion unanimously approved. 3-0
IV. DISCUSSION ITEMS
A. Resolution No. 5065 (Mund)
Engineering Aide Amber Mund reviewed Resolution No. 5065. If
approved, the Resolution would set the date of the public hearing for
Vacation No. V2-14, vacation of the un-opened right-of-way of South
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PCD.1 Page 6 of 72
324th Street located between 46th Place South and 51st Avenue
South, south of South 321st Street by PNW Home for July 7, 2014.
The Committee was supportive of this right-of-way vacation.
B. ZOA14-0002 - Amendment to Zoning Code Section 18.23. Related to
Warehouse and Distribution Uses (Tate)
Principal Planner Dixon briefed the Committee on Ordinance No. 6508
and explained that at the May 6, 2014 Public Hearing the Planning
Commission recommended approval of Ordinance No. 6508
amending Auburn City Code Chapter Section 18.23.030 with Footnote
1, as amended. A memorandum, map and letter regarding ZOA14-
0002 were provided to the Committee.
The Committee and staff discussed the EP zone uses, the intent of
the Council in creating the EP zoning designation, and conforming
and non-conforming uses. A discussion was held regarding the
requests made by Mr. Carson in his letter to the Committee dated May
23, 2014. The Committee asked to hear from the owners of the
properties impacted by ZOA14-0002.
Brent Carson, Van Ness Feldman, LLP, 719 2nd Ave., Ste. 1150,
Seattle
Mr. Carson stated that the owners of the property are looking for
certainty, if warehouse and distribution was a permitted “P” use in the
EP zone, clarity and certainty would be provided to owners, lenders,
and buyers. After reviewing his request in a letter dated May 23,
2014, Mr. Carson emphasized that their position today remains
consistent to ask that the Committee recommend to full Council an
outright permitted “P” use for warehouse and distribution in the EP
zoning district identical to the M1 and M2 zoning districts. This would
provide the owners in the EP zone the same rights and uses as the
owners in the M1 and M2 zoning district.
Kim Lorenz, owner of Sound Tire, LLC, 59 Skagit Key, Bellevue
Mr. Lorenz reviewed the history of his building located in the EP
zone. He explained that there has been no additional development in
the EP zone as compared to the $150,000,000.00 in investments in
other zones. Mr. Lorenz stated that the when owners invested in their
properties multiple uses were allowed. The owners would like to
continue to invest in those properties and Mr. Lorenz feels they should
have the right, and deserve to invest in those properties. Removing
that option substantially reduces the marketability and value of the
buildings. When he lost the sale of his building, the purchaser
emphasized, if the building can not be used for warehouse,
distribution, and manufacturing, the value of the building is
zero. Green businesses coming into this zone will have assembly,
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PCD.1 Page 7 of 72
receiving, shipping, and warehouse products. Limiting the use will limit
green activity and technology. Allowing warehouse and distribution as
permitted “P” uses in the EP zone would only be fair to the owners.
The Committee and staff discussed the lack of development in the EP
zone compared to the M1 and M2 zones and providing relief to the
owners of the buildings. After discussing the proposals before the
Committee, the Committee concurred to amend the Environmental
Park (EP) zone, allowing warehouse and distribution as a permitted
“P” use identical to the M1, M2 zoning district. The Committee also
requested that the EP zone be reviewed by the Council and
Community with the Comprehensive Plan updates in order to refine
any necessary changes or updates.
The Committee would like to add the EP zone discussion to the matrix
and asked staff to return with a draft Ordinance. Staff indicated that
they will be on target to go forward to full Council with a proposed
Ordinance in June.
C. AARP Report "Is This a Good Place to Live?/Measuring Community
Quality of Life for All Ages (Tate)
Assistant Director Tate, the Committee. and staff discussed the
summary and lessons learned measuring livability within a community.
Staff will continue to provide the Committee with various articles and
information to assist with future community dialogue and
the comprehensive plan updates.
D. Auburn City Code Chapter 1.25 - Civil Penalties and Code
Enforcement Procedures (Tate)
Assistant Director Tate explained the gaps, inefficiencies, and
inconsistencies within Chapter 1.25 of Auburn City Code as it relates
to Civil Penalties and Code Enforcement. A discussion was held
regarding the types of cases code enforcement manages and how
Chapter 1.25 impacts those cases. The Committee and staff
discussed Exhibit B, the draft ACC Chapter 1.25 Outline and additions
that would be added to the proposed amendment (Exhibit B).
The Committee and staff discussed options to inform the public of the
City’s code enforcement processes and procedures, the Committee
was encouraged with staff's amendment proposal.
E. Director's Report (Tate)
Assistant Director Tate reported that two Conditional Use Permits will
be going before the May 28, 2014 Hearing Examiner. This is a quasi
judicial process, the decision will be rendered within 10 business days
of the closing date of the hearing. If there are any questions, please
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PCD.1 Page 8 of 72
feel free to direct questions to staff.
Staff has been meeting with VRFA, the Police, Utility Billing,
and Information Technology Departments in coordination with
the Auburn Adventist Academy representatives to discuss campus
addressing. There are a number of private roads, buildings, and
academic buildings within the campus which have caused some
confusion with Police and Fire. This has been a collaborative process
between the Academy and the City. Ultimately the change of address
request will be drafted in a Resolution and go through the City’s
process, being reviewed by this Committee before going forward to
City Council.
The City currently has 16 sub-divisions in process with a total of 778
new lots. Some of these applications were new and some were
reactivated.
F. PCDC Status Matrix (Tate)
The Committee and staff reviewed the Matrix, there were no changes
requested by the Committee.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:38
p.m.
Approved this _________________ day of ________________, 2014.
_____________________________________
John Holman - Chair
______________________________________
Tina Kriss - Community Development Secretary
_________________________________________
JOHN HOLMAN - CHAIR
__________________________________________
Page 5 of 5
PCD.1 Page 9 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 19, 2014 Minutes
Date:
May 27, 2014
Department:
Public Works
Attachments:
Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:
Meeting Date:June 2, 2014 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 10 of 72
Public Works Committee
May 19, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Vice-Chair Bill Peloza 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
Committee members present were: Vice-Chair Bill Peloza, acting as
Chair, Member Claude DaCorsi, acting as Vice-Chair and
Councilmember John Holman, substituting for Chairman Wayne
Osborne, whose absence was excused. Also present during the
meeting were: Mayor Nancy Backus, Director of Community
Development and Public Works Kevin Snyder, Assistant Director of
Engineering/City Engineer Ingrid Gaub, Assistant Director of Public
Works Operations Randy Bailey, Finance Accounting Manager
Rhonda Ewing, Assistant City Engineer Jacob Sweeting, Economic
Development Manager Doug Lein, Acting Utilities Engineer Susan
Fenhaus, Transportation Manager Pablo Para, Project Engineer Matt
Larson, Engineering Aide Amber Mund, and Public Works Secretary
Molly Hoisington. Members of the public in attendance included: Tom
Brosius.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was one modification, adding Discussion Item F, Resolution No.
5072 to the agenda.
II. CONSENT AGENDA
A. Approval of Minutes
Public Works Committee to approve the minutes of the May 5, 2014
Public Works Committee meeting
Member DaCorsi noted a Scrivener’s error on page 6 of 7.
It was moved by Member DaCorsi, seconded by Councilmember
Holman, that the Committee approve the Public Works Committee
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PW.1 Page 11 of 72
Meeting minutes for date, May 5, 2014, as amended.
Motion carried 3-0.
III. ACTION
A. Right-of-Way Use Permit No. 14-13 (Mund)
Approve Right-of-Way Use Permit No. 14-13 for the City’s 123nd
Birthday Celebration
Engineering Aide Mund advised Committee that Right-of-Way Use
Permit No. 14-13 is for the City’s 123rd Birthday Celebration. The
applicant has requested to close and use West Main Street between A
Street NW/SW and Division Street N/S from 3:00pm to 9:00pm to
allow for the event set up and clean up.
It was moved by Member DaCorsi, seconded by Councilmember
Holman, that the Committee approve Right-of-Way Use Permit No.
14-13 for the Citys 123rd Birthday Celebration.
Motion carried 3-0.
B. Public Works Project No. C410A (Larson)
Approve Final Pay Estimate No.9 to Contract No. 11-12 in the amount
of $5,780.94 and accept construction of Project No. C410A South
277th St. Reconstruction-Wetland Mitigation Improvements
Project Engineer Larson provided a brief background summary of the
project.
Assistant Director of Engineering Gaub and Project Engineer Larson
responded to a question asked by Member DaCorsi regarding the pay
estimate.
It was moved by Member DaCorsi, seconded by Councilmember
Holman, that the Committee approve Final Pay Estimate No. 9 to
Contract No. 11-12 in the amount of $5,780.94 and accept
construction of Project No. C410A South 277th Street Reconstruction-
Wetland Mitigation Improvements.
Motion carried 3-0.
IV. DISCUSSION ITEMS
A. Quarter 1 - 2014 Financial Report (Coleman)
Finance Accounting Manager Ewing advised this is the financial report
for the first quarter of 2014, which encompasses January through
March.
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PW.1 Page 12 of 72
General Fund highlights include:
• General Fund revenues totaled $11.4 million and exceeded year-to-
date budget of $9.9 million due primarily to increased revenues from
sales tax collections, property tax collections and building permit
revenues.
• General Fund expenditures were $12.8 million and compares to
$12.5 million for the same period last year. Part of this increase is due
to the Golf Course fund being reported under the General Fund as of
January 1, 2014.
• Payments to SCORE decreased by $675,000.00.
• Overall departmental spending is $872,000.00 under budget for the
first quarter.
Enterprise Fund highlights include:
• Water Fund has an operating income of $148,000.00 compared to
$8,000.00 the previous year for the same time period.
• Sewer Fund has $58,000.00 operating loss compared to
$305,000.00 the previous year.
• Sewer-Metro Utility Fund has an operating loss of $58,000.00
compared to $180,000.00 the previous year.
• Stormwater Utility Fund has an operation income of $370,000.00
compared to $330,000.00 the previous year.
• The Cemetery ended the first quarter with operating income of
$42,000.00 compared to $31,000.00 the previous year.
Councilmember Holman complimented the Finance team on their
budgeting abilities.
Finance Accounting Manager Ewing replied to a question asked by
Member DaCorsi regarding the pet licensing chart on page 37.
B. Draft 2015-2020 Transportation Improvement Program (TIP) (Webb)
Answering a question asked by Vice-Chair Peloza, Transportation
Manager Para explained the Transportation Improvement Program
deletions.
Transportation Manager Para and Assistant Director of
Engineering/City Engineer Gaub responded to a question asked by
Vice-Chair Peloza regarding the budget funds on TIP #5.
Transportation Manager Para explained the bicycle boulevard in TIP
#10, following a question asked by Member DaCorsi.
In response to a question asked by Member DaCorsi, Transportation
Manager Para explained the progress summary and the associated
budget on TIP #19.
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PW.1 Page 13 of 72
Transportation Manager Para responded to a question asked by
Member DaCorsi regarding the annual maintenance cost on TIP #23,
which appears to be a typo.
Responding to a question asked by Vice-Chair Peloza, Transportation
Manager Para explained the progress summary on TIP #26. Mayor
Backus commented on this as well.
Transportation Manager Para clarified the description on TIP #32,
following a question asked by Vice-Chair Peloza.
Transportation Manager Para responded to a question asked by
Member DaCorsi regarding the Interurban Trail on TIP #45.
Councilmember Holman also commented on this.
Assistant Director of Engineering/City Engineer Gaub and
Transportation Manager Para responded to a question regarding TIP
#69, in response to a question asked by Vice-Chair Peloza.
C. Capital Project Status Report (Sweeting)
Item 31 – C229A – BNSF/EVH Pedestrian Undercrossing:
In response to a question asked by Member DaCorsi, Assistant
Director of Engineering/City Engineer Gaub provided additional details
regarding the project scope and budget.
D. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
There were no questions from the Committee.
E. Action Tracking Matrix (Gaub)
Vice-Chair Peloza requested a status update on the sidewalk outside
of City Hall, which was discussed at the last Committee meeting.
Assistant Director of Public Works Operations Bailey responded
advising a work order was entered and that a temporary repair has
been made. Transportation Manager Para further explained that a few
panels on that sidewalk are scheduled to be replaced this year.
Item F – Amberview Apartments Sewer Odor:
Director of Public Works Operations Bailey provided background
information regarding this item as requested by Councilmember
Holman.
Item G – Lea Hill Road Repair:
Assistant City Engineer Sweeting provided a status update on the Lea
Hill Road Repair following the request made by Councilmember
Holman.
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PW.1 Page 14 of 72
Vice-Chair Peloza mentioned the possibility of retrofitting existing fire
hydrants so that all hydrants have Storz adapters to better serve the
Valley Regional Fire Authority (VRFA). Staff explained the high cost
associated with this and advised it is not currently financially feasible
within the water enterprise fund to replace all existing hydrants;
however, all new or replaced hydrants include the Storz adapter
preferred by VRFA. Additionally, VRFA has not indicated that the
existing hydrants are a problem at this time.
F. Resolution No. 5072 (Lein)
This Resolution was an Agenda Modification, and for the purpose of
these minutes was discussed after Discussion Item A.
Economic Development Manager Lein introduced himself and General
Manager for Orion Industries, Tom Brosius.
Economic Development Manager Lein explained this is a Resolution
for support and approval which has been requested by the
Washington Economic Development Finance Authority (WEDFA)
which is an independent agency within the executive branch of state
government. WEDFA was created by the legislature to act as a
financial conduit to businesses through the issuance of nonrecourse
revenue bonds.
Orion Industries recently built a new facility on 15th Street NE.
Included in the Resolution, Exhibit A, Section 3 (f) states "…the Issuer
shall have received evidence that the county, city, or town within
whose planning jurisdiction the Project lies has approved the Project
and the Bonds or such other evidence satisfactory to the Issuer that
the Project will be welcomed by the community in which the Project
will be located" which is asking to make sure the community wants the
project here and that it is found to be a positive economic
development move and job creator for the community.
General Manager for Orion Industries, Tom Brosius, thanked the City
of Auburn for welcoming Orion Industries to the community and all the
work the Economic Development Team provided to encourage
making Auburn their new home. Mr. Brosius stated it has been a very
positive experience and that they now have 250 people employed in
the new facility.
The Committee voiced their satisfaction with Orion Industries
choosing Auburn for their new facility.
Vice-Chair Peloza requested to have ".00" added to page 2 of
Resolution No. 5072.
V. ADJOURNMENT
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PW.1 Page 15 of 72
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:16 p.m.
Approved this 2nd day of June, 2014.
________________________ _________________________
Wayne Osborne Molly Hoisington
Chairman Public Works Department Secretary
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PW.1 Page 16 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 18, 2014 Minutes
Date:
May 27, 2014
Department:
Administration
Attachments:
5-19-2014 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Wales Staff:
Meeting Date:June 2, 2014 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 17 of 72
Finance Committee
May 19, 2014 - 5:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair Largo Wales called the meeting to order at 5:00 p.m. in Annex
Conference Room 1 located on the second floor of the City Hall Annex
located at 1 East Main Street in Auburn.
A. Roll Call
Chair Wales and Member Yolanda Trout were present. Vice Chair
Holman arrived at 5:10 p.m. and after discussion of Resolution No.
5071.
Officials and staff members present included: Mayor Nancy Backus,
Community Development and Public Works Director Kevin Snyder,
City Attorney Daniel B. Heid, Finance Accounting Manager Rhonda
Ewing, Economic Development Manager Doug Lein, and City Clerk
Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. May 5, 2014 Minutes
Member Trout moved to approve the May 5, 2014 minutes as
distributed. Chair Wales concurred.
MOTION CARRIED UNANIMOUSLY. 2-0
B. Claims Vouchers (Coleman)
Claims voucher number 428546 through 428727 in the amount of
$3,744,492.90 and 3 wire transfers in the amount of $250,413.97 and
dated May 19, 2014.
Committee members reviewed claims and payroll vouchers.
Member Trout moved to approve claims and payroll vouchers. Chair
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FN.1 Page 18 of 72
Wales concurred.
MOTION CARRIED UNANIMOUSLY. 2-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 534680 through 534714 in the amount of
$825,469.81, electronic deposit transmissions in the amount of
$1,268,009.95 for a grand total of $2,093,479.76 for the period
covering May 1, 2014 to May 14, 2014.
See claims vouchers above for approval of payroll vouchers.
III. RESOLUTIONS
A. Resolution No. 5072 (Lein)
A Resolution of the City Council of the City of Auburn, Washington,
approving the action of the Washington Economic Development
Finance Authority in issuing non-recourse revenue bonds to finance
an economic development facility for use by Orion Industries, and
providing for other matters properly relating thereto
Economic Development Manager Lein presented Resolution No. 5072
approving the action of the Washington State Economic Development
Finance Authority (WEDFA) in issuing $9.5 million in non-recourse
revenue bonds to Orion Industries. The proceeds of the bonds will be
loaned to Orion Industries to finance the cost of constructing,
acquiring and equipping their facility at 1590 A Street NE in Auburn.
It is a requirement of the WEDFA that the local jurisdiction in which
the facility is located approve the project and the issuance of the
bonds. There is no impact to the City or the State of Washington.
Member Trout moved to approve and forward Resolution No. 5072 to
the full Council for consideration. Chair Wales concurred.
MOTION CARRIED UNANIMOUSLY. 2-0
IV. DISCUSSION ITEMS
A. Resolution No. 5071 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute second amendment
to agreement between the City of Auburn and Redflex Traffic
Systems, Inc.
City Attorney Heid presented Resolution No. 5071. Resolution No.
5071 will authorize the extension of the current contract with Redflex
Traffic Systems up to November 30, 2014. City Attorney Heid
reported the City recently issued a Request for Proposals for photo
enforcement, and three responses were received. The City is
currently negotiating a contract with the selected photo enforcement
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FN.1 Page 19 of 72
contractor. An additional extension of the current contract with
Redflex will ensure there is no gap in service.
Resolution No. 5071 was reviewed and recommended for approval by
the Municipal Services Committee.
B. Quarter 1 - 2014 Financial Report (Coleman)
Finance Accounting Manager Ewing reviewed the first quarter
financial report. Manager Ewing noted the General Fund revenues
totaled $11.4 million and exceeded year-to-date budget of $9.9 million
due primarily to increased revenues from sales tax, property tax and
building permit revenues. General Fund expenditures totaled $12.8
million and compares to $12.5 million for the same period last year.
Also of note is the accounting change whereas the Golf Course is now
reported under the General Fund and payments to SCORE have
decreased by $675,000.00.
At the end of the first quarter, the Water Fund's net operating income
increased to $148,000.00 compared to $8,000.00 the previous year;
the Sewer Fund ended with $58,000.00 operating loss compared to a
loss of $305,000.00 last year; the Sewer-Metro Utility ended with an
operating loss of $58,000.00 compared to a loss of $180,000 the
previous year; and the Stormwater Utility ended the quarter with an
operating income of $370,000.00 compared to an operating income of
$330,000.00 the previous year. The Cemetery ended the first quarter
of 2014 with net operating income of $42,000.00 compared to an
operating income of $31,000.00 the previous year.
V. ADJOURNMENT
There being no further business to come before the Committee, the
meeting adjourned at 5:18 p.m.
APPROVED this _____ day of __________________, 2014.
_____________________________ _________________________
LARGO WALES, CHAIR Danielle Daskam, City Clerk
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FN.1 Page 20 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 30, 2014 Agenda
Date:
May 29, 2014
Department:
Administration
Attachments:
5-30-2014 Agenda
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Wagner Staff:
Meeting Date:June 2, 2014 Item Number:COC.1
AUBURN * MORE THAN YOU IMAGINEDCOC.1 Page 21 of 72
Council Operations Committee
May 30, 2014 - 1:00 PM
City Hall Council Conference Room
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. April 28, 2014 Minutes*
III.DISCUSSION ITEMS
A. Council Committee Format*
IV.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 1 of 9COC.1 Page 22 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 18, 2014 Regular Meeting Minutes
Date:
May 27, 2014
Department:
Administration
Attachments:
5-19-2014 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 2, 2014 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 23 of 72
City Council Meeting
May 19, 2014 - 7:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Flag Salute
Mayor Nancy Backus called the meeting to order at 7:30 p.m. and led
those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Rich Wagner, Bill Peloza,
Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi, and
Yolanda Trout.
Department Directors and staff members present: City Attorney Daniel
B. Heid, Community Development and Public Works Director Kevin
Snyder, Assistant Police Chief Bill Pierson, Engineering Aide Amber
Mund, Finance Accounting Manager Rhonda Ewing, Economic
Development Manager Doug Lein, Director of Administration Michael
Hursh, Public Affairs and Marketing Liaison Dana Hinman, Assistant
Director of Engineering Services/City Engineer Ingrid Gaub, and City
Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Washington State Department of Transportation (WSDOT)
Presentation on SR 167 Hot Lanes
Patty Rubstello, Toll Operations Director for WSDOT, will provide an
update to the Mayor and City Council on the SR 167 Hot Lanes
Project.
Using a PowerPoint presentation, Washington State Department of
Transportation Toll Operations Director Patty Rubstello presented
an overview of the SR 167 HOT (high occupancy toll) lanes,
including current features, goals, statistics, and plans for improving
SR 167 HOT lanes access.
The SR 167 HOT lanes opened in 2008 as a demonstration
project. SR 167 had been a highly congested route with
underutilized HOV lanes. Prior to the HOT lanes, SR 167 had two
general purpose lanes and one HOV lane. The HOV lanes were
converted to single HOT lanes in each direction. The HOT lanes
are free to buses, carpools and motorcycles. Single drivers pay a
single toll to travel any distance on the 10-mile route. A Good to Go
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CA.A Page 24 of 72
pass is required for solo drivers. HOT lane tolls are adjusted
automatically to keep HOT lane traffic flowing at 45 mph or faster.
In 2013, there were 1 million toll transactions with $1.1 million in
gross toll revenue. There were 4,200 tolled trips per weekday.
Since the implementation of the HOT lanes, the general purpose
lanes have experienced a 20 percent average speed increase and a
five percent volume decrease.
There is limited access (10 access points) to the HOT lane, which is
separated from general purpose lanes by double white lines. It is
illegal to cross the double white lines. From a study conducted by
the University of Washington in 2011, it was found: drivers cross
the double white lines to get into the HOT lane; drivers wait for a
safe gap to change lanes; there may not be a safe gap while driving
the length of the legal access points and the access point may not
be conveniently located to reach an exit.
In response to drivers' responses and concerns, the WSDOT
will make improvements to the SR 167 HOT lane access this
summer. The HOT lane corridors will be restriped to allow easier
access. A single white line will allow drivers to enter and exit nearly
anywhere. The double white line will be maintained in key areas for
safety purposes.
2. Valley Regional Fire Authority (VRFA) Presentation to
Councilmember Peloza
Fire Fighter Jesse Mitchell to present award to Councilmember Bill
Peloza on completing the Fire Ops 101 training.
Fire Fighter Jesse Mitchell spoke regarding a program called Fire
Operations 101, which provides local leaders, elected officials,
administrators, and members of the press an opportunity to
experience the demands and resources required of a fire fighter.
The exercise is held over a two day period. This year
Councilmember Bill Peloza participated in Fire Ops 101, which
included scenarios for search and rescue, live burn, extrication,
cardiac arrest, and ladder climb. Fire Fighter Mitchell displayed a
photo slide show of Councilmember Peloza in action and
presented Councilmember Peloza with a fire fighter's helmet and
International Association of Fire Fighters Local 1352 patch to
commemorate his participation.
3. National Public Works Week
Mayor Backus to proclaim May 18-24, 2014 as National Public
Works week in the City of Auburn.
Mayor Backus read and presented a proclamation declaring May
18-24, 2014, as National Public Works Week in the city of Auburn to
Community Development and Public Works Director Snyder.
Director Snyder accepted the proclamation of behalf of the
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CA.A Page 25 of 72
dedicated and loyal Public Works staff comprised of engineers,
maintenance and operation technicians, and administrative staff
that work on behalf of the citizens of Auburn to deliver the water,
sewer, storm utility, and street services to residents.
4. Mt. Baker Middle School Presentation
Mt. Baker Middle School teacher, Susan Winter, and students to
provide an update on current activities with the organization End
Zone Academy.
Susan Winter, sixth grade teacher at Mt. Baker Middle School, and
Isabel Kim, Rayna Ojas, Sophia Randall, Jaquelyn Wellentin, and
Kathleen Moore, members of the End Zone Academy presented
information on the activities of the End Zone Academy. The End
Zone Academy is a service-oriented club at Mt. Baker Middle
School and has provided volunteer support for the Auburn Food
Bank, the Auburn Valley Humane Society and Terry Home. The
club has also participated in We Day in Seattle. The club's
current campaign is to raise funds to build a school in South
America in conjunction with the Free the Children organization.
Members of the Academy encouraged all to contribute to their
philanthropic effort and meet their goal of raising $10,000 to build
one school in South America.
D. Agenda Modifications
A request for permission to advertise for bids for Project CP1324
Asphalt Rehabilitation and Seal Coat at the Auburn Municipal
Airport was added to the Consent Agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing for Franchise Agreement No. 14-06
(Osborne/Mund)
City Council to hold a public hearing on the application of tw
telecom of washington llc, for a non-exclusive franchise for the right
of entry, use and occupation of certain public right(s)-of way within
the city, expressly to install, construct, erect, operate, maintain,
repair, relocate and remove it in, on, upon, along and/or across
those right(s)-of-way. The purpose of the public hearing is to
determine public benefit and impact, applicant compliance, public
right-of-way capacity to accommodate the telecommunication
system, potential disruption of public right-of way, and present and
future use of the public right-of-way
Engineering Aide Amber Mund presented the staff report on the
hearing on the application from tw telecom of washington, llc, for a
franchise agreement with the City.
tw telecom of washington, llc, has applied for a franchise agreement
Page 3 of 9
CA.A Page 26 of 72
to be able to operate and build a telecommunications network within
the City's rights-of-way. tw telecom will offer integrated data
services, dedicated internet access and provide local and long
distance voice services to commercial customers. The proposed
franchise area is all rights-of-way in the city, as tw telecom will lease
facilities from CenturyLink and other telecom companies throughout
the city to provide service. The applicant is requesting the entire
city as the proposed franchise area so that future installation of their
facilities may be accommodated without having to amend the
agreement for each installation. Exact locations, plans, engineering
and construction schedules would be reviewed, approved and
managed through the City's permitting processes that are a
requirement of the franchise agreement.
Mayor Backus opened the public hearing at 8:06 p.m.
Greg Diamond, Vice President of Government Affairs for tw telecom
of washington, spoke in favor of the application for franchise
agreement. Mr. Diamond commended Public Works staff for their
assistance throughout the application process.
There being no further comment, the hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
Bonnie Tiangsing, 29609 57th Place South, Auburn
Ms. Tiangsing expressed opposition to the location of a King County
transfer station in Auburn.
Elam Anderson, 301 23rd Street SE, Auburn
Mr. Anderson expressed opposition to war.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met May 12,
2014. The Committee reviewed Resolution No. 5071 authorizing an
extension of a contract with Redflex Traffic Systems and Public Works
Project No. CP1324 relating to the airport pavement rehabilitation. The
Committee also discussed the 2013 Police Workload Analysis which is
used by Police administrative staff to identify trends and provide
guidance for the planning of future police services. The next regular
meeting of the Municipal Services Committee is scheduled for June 9,
Page 4 of 9
CA.A Page 27 of 72
2014.
B. Planning & Community Development
Chair Holman reported the Planning and Community Development
Committee met May 12, 2014. The Committee discussed the 2015
Transportation Improvement Plan, short plat thresholds, and the
American Planning Association's report on "Investing in Place." The
Committee discussed the importance of walkability, connectivity, and
providing amenities desirable to the community. The next regular
meeting of the Planning and Community Development Committee is
scheduled for May 27, 2014.
C. Public Works
Vice Chair Peloza reported the Public Works Committee met this
afternoon at 3:30. The Committee reviewed the 2015 Transportation
Improvement Program, a Right-of-way Use Permit for the City's 123rd
Birthday Celebration scheduled for June 6th, Public Works Project No.
C410A Final Pay Estimate for South 277th Street Wetland Mitigation
Improvements, and the first quarter financial report. The next regular
meeting of the Public Works Committee is scheduled for June 2, 2014.
D. Finance
Chair Wales reported the Finance Committee met this evening at 5:00.
The Committee reviewed claims vouchers in the approximate amount of
$3.7 million and payroll vouchers in the approximate amount of $2
million. The Committee also reviewed and approved Resolution No.
5072 approving the Washington Economic Development Finance
Authority's issuance of $9.5 million in industrial revenue bonds for Orion
Industries. The Committee also discussed Resolution No. 5071
authorizing an extension of the current contract with Redflex Traffic
Systems for photo enforcement and the first quarter financial report.
The next regular meeting of the Finance Committee is scheduled for
June 2, 2014.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus
Committee is scheduled for May 28, 2014, at 5:00 p.m.
F. Council Operations Committee
The next regular meeting of the Council Operations Committee is
scheduled for May 30, 2014, at 1:00 p.m.
G. Junior City Council
Deputy Mayor Wagner reported the Junior City Council met this
evening. The Junior City Council reviewed the legal ramifications of a
Junior City Council web page with Assistant City Attorney Ruth. The
Junior City Council also discussed youth transportation options,
Page 5 of 9
CA.A Page 28 of 72
undeveloped park properties, and anti-bullying activities. The next
regular meeting of the Junior City Council is scheduled for June 16,
2014 at 5:00 p.m.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council
to be routine and will be enacted by one motion in the form listed.
A. May 5, 2014 Regular Meeting Minutes
B. Claims vouchers (Wales/Coleman)
Claims voucher number 428546 through 428727 in the amount of
$3,744,492.90 and 3 wire transfers in the amount of $250,413.97 and
dated May 19, 2014.
C. Payroll Vouchers (Wales/Coleman)
Payroll check numbers 534680 through 534714 in the amount of
$825,469.81, electronic deposit transmissions in the amount of
$1,268,009.95 for a grand total of $2,093,479.76 for the period
covering May 1, 2014 to May 14, 2014.
D. Public Works Project No. C410A (Osborne/Snyder)
City Council to approve Final Pay Estimate No. 9 to Contract No. 11-12
in the amount of $5,780.94 and accept construction of Project No.
C410A South 277th St. Reconstruction-Wetland Mitigation
Improvements
E. Public Works Project No. CP1324
City Council grant permission to advertise for bids for Project No.
CP1324 Asphalt Rehabilitation and Seal Coat
Deputy Mayor Wagner moved and Councilmember Peloza seconded
to approve the Consent Agenda as modified.
The Consent Agenda includes minutes, claims and payroll vouchers,
and public works contract administration items.
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. RESOLUTIONS
A. Resolution No. 5071 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute second amendment to
agreement between the City of Auburn and Redflex Traffic Systems, Inc.
Page 6 of 9
CA.A Page 29 of 72
Councilmember Peloza moved and Councilmember DaCorsi seconded
to adopt Resolution No. 5071.
Councilmember Osborne expressed opposition to a contract extension
with Redflex Traffic Systems. He stated the cost of the program is in
excess of the revenue generated.
Councilmember Holman expressed opposition to extending the contract
with Redflex Traffic Systems for photo enforcement. Councilmember
Holman stated he believes the photo enforcement program has not met
its goal to reduce intersection and school zone accidents.
Councilmember Holman stated he feels photo enforcement is an
intrusion and a waste of public funds. Councilmember Holman also
referred to a U.S. Department of Justice investigation of alleged
improprieties by Redflex Traffic Systems personnel.
Councilmember Peloza spoke in favor of Resolution No. 5071 and
extension of the contract with Redflex. Councilmember Peloza stated
photo enforcement is a public safety feature.
Councilmember Wagner spoke in favor of continuing the contract with
Redflex for up to six months in order to avoid a gap in photo
enforcement service pending a contract with a new vendor.
Councilmember DaCorsi spoke in favor of Resolution No. 5071. He
noted the contract extension was originally presented for six months.
The Municipal Services Committee recommended a four month
extension with up to two one-month extensions. Councilmember
DaCorsi expressed concern with a disruption of service in photo
enforcement.
MOTION FAILED. 3-4 Councilmembers Holman, Osborne, Trout and
Wales voted no.
B. Resolution No. 5072 (Wales/Lein)
A Resolution of the City Council of the City of Auburn, Washington,
approving the action of the Washington Economic Development Finance
Authority in issuing non-recourse revenue bonds to finance an economic
development facility for use by Orion Industries, and providing for other
matters properly relating thereto
Councilmember Wales moved and Councilmember Holman seconded to
approve Resolution No. 5072.
Resolution No. 5072 approves the Washington Economic Development
Finance Authority's (WEDFA) issuance of industrial revenue bonds for
Orion Industries. The resolution does not obligate the City in any way.
The resolution satisfies the WEDFA requirement that the local
jurisdiction in which the facility is located approves of the project and the
issuance of the bonds.
Page 7 of 9
CA.A Page 30 of 72
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and local
organizations.
A. From the Council
Deputy Mayor Wagner reported on his attendance at the Senior Center
coffee hour where much of the discussion involved services for the
homeless. Deputy Mayor Wagner also reported on his attendance at
the National Nursing Home Week celebration at Canterbury House and
the Pierce County Regional Council meeting.
Councilmember Trout reported on her participation in the Downtown Art
Walk and Petpalooza.
Councilmember Osborne reported on his attendance at the monthly Law
Enforcement and Fire Fighters Disability Retirement Board meeting, a
Regional Water Quality Committee meeting, the Valley Regional Fire
Authority Board of Governance meeting, and the King County Flood
Control District meeting.
Councilmember Peloza reported on his attendance at the Regional
Access Mobility Partnership meeting where he was guest speaker on
behalf of the South County Area Transportation Board (SCATBd), the
Water Resource Inventory Area (WRIA) 9 Ecosystem Forum at Auburn
City Hall, the King County Solid Waste Management Advisory
Committee meeting, and the King County Regional Policy Committee
meeting.
Councilmember Wales commended Councilmember Peloza for
his presentation at the Regional Access Mobility Partnership meeting.
Councilmember Wales also reported on activities of the King County
Board of Health, including facilitating enrollment in the Affordable Health
Care Act and securing a medicine return policy.
Councilmember DaCorsi reported on his attendance at the Senior
Center coffee hour and Petpalooza.
B. From the Mayor
Mayor Backus reported on her attendance at the Junior Reserve Officer
Training Corps (Junior ROTC) annual banquet, an Eagle Scout
ceremony for T. J. Snyder, a meeting with the Executive Director of the
Puget Sound Clean Air Agency, a Sound Cities Association meeting, a
meeting with Cascade Middle School students Jordan Norris and Iliana
Mundon regarding their efforts on anti-bullying and providing
Page 8 of 9
CA.A Page 31 of 72
extracurricular activities for those less fortunate, Relay for Life events,
and Petpalooza.
IX. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 9:12 p.m.
APPROVED this _____ day of _________________, 2014.
____________________________ ____________________________
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
Page 9 of 9
CA.A Page 32 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
May 28, 2014
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Approve Claims Vouchers
Background Summary:
Claims check numbers 428728 through 428912 in the amount of $1,446,429.92 and 4
wire transfers in the amount of $156,288.21 and dated June 2, 2014.
Reviewed by Council Committees:
Councilmember:Wales Staff:Coleman
Meeting Date:June 2, 2014 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 33 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
May 28, 2014
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
approve payroll vouchers
Background Summary:
Payroll check numbers 534715 through 534754 in the amount of $266,370.65, electronic
deposit transmissions in the amount of $1,293,778.04 for a grand total of $1,560,148.69
for the period May 15, 2014 to May 28, 2014.
Reviewed by Council Committees:
Councilmember:Wales Staff:Coleman
Meeting Date:June 2, 2014 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 34 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1323
Date:
May 28, 2014
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP1323, 2014 Local
Street Pavement Reconstruction Project
Background Summary:
The 2014 Local Street Pavement Reconstruction project will reconstruct 0.74 miles of
local streets (shown on the attached map) as part of the 2014 Save Our Streets (SOS)
program. In addition, storm drainage improvements will also be constructed on the
project streets to address local storm drainage issues. This work is funded by the 103
(Local Street) Fund.
This project will also replace deteriorated and undersized water mains and install a
sanitary sewer main as shown on the attached map. This work will be funded by the 430
(Water) Fund and 431 (Sewer) Fund respectively.
Construction of this project is anticipated to start in July 2014.
The 2014 SOS program will also overlay 0.44 miles of local streets; however, this work
will be done under a separate construction contract.
A project budget contingency of $22,379.00 remains in the 103 (Local Street Pavement
Preservation) Fund.
A project budget increase of $74,104.00 within the 430 (Water) Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that this money will
be available from the Annual Water Repair & Replacement and Well Inspection &
Replacement Programs.
A project budget contingency of $32,544.00 remains in the 431 (Sewer) Fund.
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 35 of 72
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Snyder
Meeting Date:June 2, 2014 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 36 of 72
Project No: CP1323Project Title:
Project Manager: Jai Carter
95% Design Update
Initiation Date: _September 16, 2013_ 2014 Budget Carry Forward Date:5/2/14
Advertisement Date: _June 12, 2014_______ Permission to Advertise
Award Date: ___________________ Contract Award
Contract Final Acceptance
Funding Prior Years 2014Future YearsTotal
103 Fund - Local Street1,929,2451,929,245
430 Fund - Water (Street Utility Improvements)500,000500,000
431 Fund - Sanitary Sewer (Street Utility Improvements)200,000200,000
Total02,629,245 0 2,629,245
Activity Prior Years 2014Future YearsTotal
Design Engineering - City Costs*10,00010,000
Design Engineering - Consultant Costs285,000285,000
Construction Estimate2,103,1142,103,114
Project Contingency (10%)210,311210,311
Construction Engineering - City Costs*20,00020,000
BUDGET STATUS SHEET
2014 Local Street Pavement Reconstruction Project
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Engineering - Consultant Costs20,00020,000
Total02,648,42502,648,425
*City staff costs for street design and construction are not charged against the project budget and are not shown here.
Prior Years 2014Future YearsTotal
**103 Funds Budgeted ( )0(1,929,245)0(1,929,245)
103 Funds Needed01,906,86601,906,866
**103 Fund Project Contingency ( )0(22,379)0(22,379)
103 Funds Required 0000
Prior Years 2014Future YearsTotal
**430 Funds Budgeted ( )0(500,000)0(500,000)
430 Funds Needed0574,1040574,104
**430 Fund Project Contingency ( )0000
430 Funds Required 074,104074,104
Prior Years 2014Future YearsTotal
**431 Funds Budgeted ( )0(200,000)0(200,000)
431 Funds Needed0167,4560167,456
**431 Fund Project Contingency ( )0(32,544)0(32,544)
431 Funds Required 0000
** ( # ) in the Budget Status Sections indicates Money the City has available.
103 Local Street Budget Status
430 Water Budget Status
431 Sanitary Sewer Budget Status
1 of 1CA.D Page 37 of 72
CA.D Page 38 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6506
Date:
April 30, 2014
Department:
Public Works
Attachments:
Ordinance 6506
Budget Impact:
$0
Administrative Recommendation:
City Council introduces and adopts Ordinance No. 6506 for Franchise Agreement No.
14-06 for tw telecom of washington llc.
Background Summary:
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.
tw telecom of washington llc has applied for a Franchise Agreement to be able to
operate and build within the City’s rights of way a telecommunications network. The
applicant will offer integrated data services, dedicated internet access and provide local
and long distance voice services to commercial customers. The proposed franchise area
is all rights of way in the City, as tw telecom will lease facilities from CenturyLink and
other telecom companies throughout the City to provide service. The applicant is
requesting the entire City as the proposed franchise area so that future installation of
their facilities may be accommodated without having to amend the agreement for each
installation. Exact locations, plans, engineering and construction schedules would be
reviewed, approved and managed through the City’s permitting processes that are a
requirement of the Franchise Agreement.
Ordinance No. 6506, if adopted by City Council, approves Franchise Agreement No. 14-
06 subject to terms and conditions outlined in the Ordinance.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Snyder
Meeting Date:June 2, 2014 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 39 of 72
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 40 of 72
ORDINANCE NO. 6 5 0 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
TW TELECOM OF WASHINGTON LLC, A
DELAWARE LIMITED LIABILITY COMPANY, A
FRANCHISE FOR TELECOMMUNICATIONS
WHEREAS, tw telecom of washington Ile ("Grantee") has applied to the
City of Auburn ("City") for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee's request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows-
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit "A," attached hereto and
incorporated by reference (the "Franchise Area").
B The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
B," attached hereto and incorporated by reference, and all necessary
appurtenances thereto, ("Grantee Facilities") for provision of those services set
forth in Exhibit "C" ("Grantee Services") in, along, under and across the
Franchise Area.
C This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 1 of 19
ORD.A Page 41 of 72
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee's right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights-of-way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right-of-way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3
G The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public's need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party
City: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
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 2 of 19
ORD.A Page 42 of 72
Telephone. 253-931-3039
Grantee Greg Diamond
Vice President, Regulatory
tw telecom of washington Ilc
10475 Park Meadow Drive
Littleton, CO 80124
Telephone- 206-676-8052
with a copy to-
Tina Davis
Senior VP & General Counsel
tw telecom of washington llc
10475 Park Meadow Drive
Littleton, CO 80124
Telephone: 303-566-1279
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 Grantee voice telephone numbers shall be
staffed at least during normal business hours, for their respective time zones.
The City may contact Grantee at the following number for emergency or other
needs outside of normal business hours of the Grantee: Network Operations
Center 1-800-829-0420
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5
B Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20 06 130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then-current term). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise — Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 3 of 19
ORD.A Page 43 of 72
extension thereof, the Franchise automatically continues month to month until
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise
Section 4. Definitions
For the purpose of this agreement:
ACC" means the Auburn City Code.
Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
Maintenance" or "Maintain" shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
Relocation" means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
Rights-of-Way' means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit "D," and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
collectively, "Franchise Acceptance") The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise
B Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within 30 days after the effective date of the ordinance approving the
Franchise, the City's grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 4 of 19
ORD.A Page 44 of 72
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 at
the expense of the Grantee.
D Before commencing any work within the public right-of-way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City in writing as promptly as possible, before
such repair or emergency work commences, or as soon thereafter as possible, if
advance notice is not practical. The City may act, at any time, without prior
written notice in the case of emergency, but shall notify the Grantee in writing as
promptly as possible under the circumstances
Section 8. Damages to City and Third-Party Property
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 5 of 19
ORD.A Page 45 of 72
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-
party, Grantee will restore, at its own cost and expense, said property to a safe
condition Such repair work shall be performed and completed to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee's, which was installed, constructed, completed or in
place prior in time to Grantee's application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility's
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right-of-way A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water facilities and ten (10) feet from above-
ground City water facilities, provided, that for development of new areas, the City,
in consultation with Grantee and other utility purveyors or authorized users of the
Public Way, will develop guidelines and procedures for determining specific utility
locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested of the City to coordinate municipal functions with Grantee's
activities and fulfill any municipal obligations under state law Said information
shall include, at a minimum, as-built drawings of Grantee Facilities, installation
inventory, and maps and plans showing the location of existing or planned
facilities within the City Said information may be requested either in hard copy
or electronic format, compatible with the City's data base system, as now or
hereinafter existing, including the City's geographic information Service (GIS)
data base Grantee shall keep the City informed of its long-range plans for
coordination with the City's long-range plans.
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 6 of 19
ORD.A Page 46 of 72
B The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City's release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including reasonable attorney's 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 City acts in accordance with the provisions of Washington's open
public records act.
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 at no expense or
liability to the City, except as may be required by RCW Chapter 35 99 Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other
losses in connection with any such change, relocation, abandonment, or vacation
of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee's permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City's discretion, either abandon in place or remove the affected
facilities
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
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.
Ordinance No 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 7 of 19
ORD.A Page 47 of 72
B Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99 Where other utilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys' fees arising out of or in connection with the Grantee's performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence of the City. 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 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 arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and/or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right-of-way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City's failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City's failure or inability to provide such services.
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 8 of 19
ORD.A Page 48 of 72
D Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1 Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
2,000,000 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 or a substitute form providing
equivalent liability coverage and shall cover liability arising from premises,
operations, independent contractors, products-completed operations, stop gap
liability, and personal injury and advertising injury and liability assumed under an
insured contract. The Commercial General Liability insurance shall be endorsed
to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or a
substitute form providing equivalent liability coverage. 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.
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 9 of 19
ORD.A Page 49 of 72
3.Professional Liability insurance with limits no less than
1,000,000 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5 Grantee may utilize primary and umbrella liability insurance
policies to satisfy the insurance policy limits required in this section.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1 The Grantee's insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee's insurance
and shall not contribute with it.
2. The Grantee's insurance shall be endorsed to state that
coverage shall not be cancelled by either party except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the
City
C Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than ANIL
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
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 10 of 19
ORD.A Page 50 of 72
The Grantee shall provide the City with a bond in the amount of Fifty Thousand
Dollars ($50,000) running for, or renewable for, the term of this Franchise, in a
form and substance acceptable to the City. In the event Grantee shall fail to
substantially comply with any one or more of the provisions of this Franchise,
then there shall be recovered jointly and severally from the principal and any
surety of such bond any damages suffered by City as a result thereof up to the
amount of Fifty Thousand Dollars ($50,000), and from the principal only any
damages suffered by the City in excess of the bond amount, 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 The amount of the bond shall not be
construed to limit the Grantee's liability to the City for any damages suffered by
City as a result Grantee's noncompliance, 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 and assigns of the Grantee, and
all rights and privileges, as well as all obligations and liabilities of the Grantee
shall inure to its successors and assignees 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, which consent shall
not be unreasonably withheld, conditioned or delayed Notwithstanding the
foregoing, no consent of the City or fee shall be required for Franchisee to assign
this Franchise to any entity under common control with, controlled by, or
controlling Grantee, or to any entity that acquires Grantee by merger, sale,
consolidation or otherwise, provided Grantee promptly notifies City of such
assignment, provides information regarding the nature of the relationship
between Grantee and the assignee, and provides a written agreement to the City
that the assignee is unconditionally assuming all of the terms of the Franchise
upon the effective date of the assignment.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer- (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 11 of 19
ORD.A Page 51 of 72
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 pursuant to paragraph B, 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.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any mediation, suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys' fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee's submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 12 of 19
ORD.A Page 52 of 72
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250 00) per day against the bond 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 require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee's actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee's
concerns to the maximum extent the City deems possible, in which event
Grantee may pursue any available remedies at equity or in law and/or Grantee
may terminate this Franchise within twenty (20) days of written notice to City.
Section 21. License, Tax and Other Charges
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 13 of 19
ORD.A Page 53 of 72
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 applicable state or federal law for revenue or as reimbursement for use
and occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law
INTRODUCED-
PASSED-
APPROVED-
Nancy Backus, MAYOR
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 14 of 19
ORD.A Page 54 of 72
ATTEST.
Danielle E. Daskam, City Clerk
APP OV T F RM:
ganiel B. Heid-City Attorney
Published
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 15 of 19
ORD.A Page 55 of 72
Franchise Agreement No 14-06 tw telecom
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Exhibit "A"
Franchise Area City Limits W.r nr dw rN,w.s-rl. I
A.ar.-..rus.pr
Ordinance No 6506
Franchise Agreement No 14-06
April 10, 2014
Page 16 of 19
ORD.A Page 56 of 72
Exhibit B
Grantee Facilities
o Lakeland Noith 7i
It
Lakeland South
Fiber facilities in yellow are owned by Zayo re: Franchise Agreement No 12-41, Ord No
6452 and are being leased by tw telecom. tw telecom may obtain certain other facilities
from Centuryl-ink and others from time to time to provide service in the City of Auburn.
tw telecom may also install its own facilities in accordance with the terms and conditions
of this Ordinance.
Ordinance No 6506
Franchise Agreement No, 14-06
April 10, 2014
Page 17 of 19
ORD.A Page 57 of 72
Exhibit C
Grantee Services
tw telecom offers integrated data services, dedicated internet access and
provides local and long distance voice services to commercial businesses.
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 18 of 19
ORD.A Page 58 of 72
EXHIBIT "D"
STATEMENT OF ACCEPTANCE
tw telecom of washington Ilc, 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
tw telecom of washington Ilc
by- tw telecom holdings inc.,
its sole member
By- Date.
Name
Title:
ACKNOWLEDGEMENT
STATE OF COLORADO
ss.
COUNTY OF DOUGLAS
I,a Notary Public in and for the State of Colorado, do hereby
certify that of tw telecom holdings inc.,the sole
member of tw telecom of washington Ilc,did personally appear before me affixing his/her signature on the
attached document.
Sworn and Subscribed this day of 2014
Notary Public
My commission expires
SEAL]
Ordinance No 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 19 of 19
ORD.A Page 59 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5065
Date:
May 27, 2014
Department:
Public Works
Attachments:
Res 5065
Exhibit A
Exhibit B
Staff Report
Vicinity Map
Draft Preliminary Plat
Budget Impact:
$0
Administrative Recommendation:
City Council introduces and adopts Resolution No. 5065.
Background Summary:
PNW Home Builders North, LLC has applied to the City for vacation of the un-opened right-of-
way of South 324th Street located between 46th Place South and 51st Avenue South, south
of South 321st Street shown on Exhibit “B”. The Applicant is in the process of developing the
adjacent parcels and is proposing to include the right-of-way in their development.
The application has been reviewed by City staff and utility purveyors who have an interest in
this right-of-way. Through this review City staff has determined that the right of way is no
longer necessary to meet the needs of the City and that a public hearing should be set to
determine if said right-of-way may be vacated.
Resolution No. 5065, if adopted by City Council, sets the date of the public hearing for
Vacation No. V2-14 for July 7, 2014.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Snyder
Meeting Date:June 2, 2014 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 60 of 72
RESOLUTION NO. 5 0 6 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER THE VACATION OF UN-OPENED RIGHT-
OF-WAY OF SOUTH 324th STREET BETWEEN 46TH PLACE
SOUTH AND 51sT AVENUE SOUTH, SOUTH OF SOUTH
321sT STREET, WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, the City of Auburn, Washington, has received a petition signed by
owners of at least two-thirds (2/3) of the property abutting un-opened right-of-way at the
location of South 324th Street between 46th Place South and 51St Avenue South, south of
South 32151 Street and adjacent to Parcel Nos. 1521049128, 1521049001, 1521049020,
9262800271, 9262800194 and 9262800201, within the City of Auburn, Washington,
requesting that the same be vacated; and,
WHEREAS, pursuant to Section 35.79 010 of the Revised Code of Washington, a
hearing on such vacation shall be set by Resolution, with the date of such hearing being
not more than sixty (60) days nor less than twenty (20) days after the date of passage of
such Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1 That a hearing on the vacation of un-opened right-of-way of South
324th Street between 46th Place South and 5151 Avenue South, south of South 32151 Street,
located within the City of Auburn, Washington, legally described as follows.
Resolution No 5065
ROW Vacation V2-14
April 21, 2014
Page 1
RES.A Page 61 of 72
The north 30 00 feet of the southeast quarter of the northeast
quarter of Section 15, Township 21 North, Range 4 East,
W.M., lying easterly of the east margin of 46`h Place South;
EXCEPT the east 30 00 feet thereof;
TOGETHER WITH that portion of the southeast quarter of the
northeast quarter of Section 15, Township 21 North, Range 4
East,W.M., described as follows.
COMMENCING at the northeast corner of said southeast
quarter; thence N89006'27'W, along the north line of said
southeast quarter, a distance of 30.00 feet to the west line of
the east 30.00 feet of said southeast quarter; thence
S01°17'02'W, along said west line, 30 00 feet to the south line
of the north 30 00 feet of said southeast quarter and the
POINT OF BEGINNING of the herein described tract of land;
thence continuing S01°17'02'W 25.17 feet to a point of cusp
with a 25.00-foot radius curve to the Left, the center of which
bears N88042'58'W; thence northwesterly, along said curve,
through a central angle of 90°23'29", a distance of 39.44 feet
to a point of tangency with the south line of the north 30 00
feet of said southeast quarter; thence S89 006'27"E, along said
south line, a distance of 25.17 feet to the POINT OF
BEBINNING;
Contains 33,264± Square Feet (0 7636± Acres)
and as shown on the document attached hereto, marked as Exhibit "B" and incorporated
herein by this reference, is hereby set for 7:30 p.m on the 7 t day of July, 2014, at the City
Council Chambers at 25 West Main Street, Auburn, Washington, 98001, with all persons
wishing to speak to the vacation at the public hearing being invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
Resolution No 5065
ROW Vacation V2-14
April 21, 2014
Page 2
RES.A Page 62 of 72
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 12014.
CITY OF AUBURN
NANCY BACKUS
Mayor
Attest:
Danielle E. Daskam, City Clerk
Approved as to Form.
z
Daniel B City Attorne
Resolution No. 5065
ROW Vacation V2-14
April 21, 2014
Page 3
RES.A Page 63 of 72
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5/20/2014
V2-14 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V2-14
Applicant: PNW Home Builders North, LLC
Property Location: Un-opened Right-of-Way of South 324th Street located between 46th Place South
and 51st Avenue South, south of South 321st Street.
Description of right-of-way:
This ROW proposed for vacation is un-opened ROW of South 324th Street located between 46th Place South and
51st Avenue South, south of 321st St South. The ROW is adjacent to Parcels 1521049128, 1521049001 and
1521049020 on the north side and Parcels 9262800271, 9262800194 and 9262800201on the south side. The
proposed area of ROW for vacation is 33,264(+/-) square feet.
The ROW was dedicated for street purposes to the public in 1907 by FM Jordan and Ada M Jordan under the plat
of West Auburn Five Acre Tracts recorded in Volume 15 of plats, Page 12, in the records of King County. This
area was under King County jurisdiction in 1907 and was annexed into the City of Auburn in 2008.
See Exhibits “A” and “B” for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way so that they can include the area in
development of the adjoining parcels under the plat know as Auburn Assemblage shown on the draft preliminary
plat map.
Applicable Policies & Regulations:
• RCW’s applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code - not affected.
Public Benefit:
• The vacated area may be subject to property taxes.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, Lakehaven Utility
District and City staff .
1. PSE – PSE has no existing electric and gas facilities in the proposed vacation area.
2. Comcast – Comcast does not have any plan or easements in the ROW that is being vacated. We do not
oppose the vacation.
3. CenturyLink – CenturyLink had the area located and does not have any existing facilities in the proposed
vacation area.
4. Lakehaven Utility District – All facilities are currently located outside of the proposed area for vacation so
an easement will not be required. The applicant will provide any necessary easements for new services
associated with the development of their project.
5. Water – There are currently no City of Auburn water facilities in the ROW proposed for vacation. This is
in the Lakehaven Utility District and they may have existing facilities.
RES.A Page 66 of 72
2 of 2
5/20/2014
V2-14 Staff Report
6. Sewer – The area is within Lakehaven Utility District’s sewer service area. The City has no sewer
facilities in this area and an easement is not needed.
7. Storm –There are no existing storm facilities in the proposed vacation area. An easement is not needed.
8. Transportation – The alignment of Road E, within the proposed plat by the applicant, may change slightly
based on design comments provided to the applicant on 04/01/14. This will not impact the ROW vacation
but may impact the ROW dedication through the platting process for the realigned roadway. Otherwise,
no comments.
9. Planning – Proposed Road E must align with the centerline of the existing S 324th Street ROW to the east
of 51st Avenue South. The plat exhibit provided does not show the appropriate reverse curve and tie in as
specified to the Applicant. Other than that planning has no further issue with the request and will default
to the expertise of the Traffic Engineer.
10. Fire – No comments
11. Police – No comments
12. Streets – No comments
13. Construction – No comments
14. Innovation and Technology – No comments
15. General Review – While the current alignment of S 324th St un-opened ROW is not necessarily needed
and could be vacated, a general network connection in the area between 46th Place South and 51st
Avenue South may still be needed in the future. The ROW could be vacated as long as the applicant
dedicates ROW providing a network connection parallel and equivalent to the vacated corridor with the
proposed plat development that is faciltiating this ROW vacation. A temporary construction easement
over the area to be vacated should be approved to assist the applicant in achieving final plat prior to the
vacation taking effect.
Assessed Value:
ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city’s expense.” Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way was originally acquired through dedication of a
Plat and subsequent annexation at no cost to the City.
RCW 35.79.030 states the vacation “shall not become effective until the owners of property abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not
exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated
public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at
public expense, the city or town may require the owners of the property abutting the street or alley to compensate
the city or town in an amount that does not exceed the full appraised value of the area vacated.”
The right-of-way was acquired through dedication of a Plat on March 28, 1907 under the jurisdiction of King
County at no cost and was annexed to the City of Auburn in 2008.
Recommendation:
1. Staff recommends that the street vacation be granted with the condition that the effective date of the
vacation be upon approval and recordation of the Final Plat associated with Preliminary Plat No. PLT13-
0006 (Auburn Assemblage) in accordance with ACC Title 17, as long as the final plat contains a
dedication of right-of-way providing a network connection parallel and equivalent to the vacated corridor.
2. Staff recommends that a temporary construction easement over the area to be vacated be granted to
assist the applicant in achieving final plat prior to the vacation taking effect.
RES.A Page 67 of 72
PNW Home Builders North LLC - Auburn Assemblage - S 324th St between 46th Pl S and 51st Ave S Legend
Printed On:2/28/2014
Created by City of Auburn eGIS
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.
Addresses*
Street Centerlines*
Private Streets
Public Streets
Parcels*
Power Vault*
Utility Poles*
Junction Boxes*
Street Lights*
COA
Other
PSE
Electrical Service*
Gas Lines*
Commercial Fiber*
COA Fiber*
COA Fiber
INET Fiber
ITS Fiber
Traffic Signals
Fire Station Signal
Pedestrian Signal
Traffic Signal
Traffic Flashers
Pedestrian Flasher
School Zone Flasher
Railroad Signals
Traffic Signal Cabinets*
Power Service Cabinets*
Traffic Signal Heads*
Traffic Signal Mast Arms*
Street Painted Lines*
Airport
Bike Lane
Bike Lane Symbol
Crosswalk
Dashed Dividng Line
Directional Symbols
Fog Line
Parking
HOV Lane
HOV Symbol
On Street Parking
Painted Road Line
Railroad Crossing
Solid Dividing Line
Stop Line
Copper Innerconnects
Conduit
Illumination Conduit
Communication Conduit
Traffic Conduit
Spare Conduit
Storm Drainage Caps*
COA Storm Caps
Other Storm Caps
Storm Drainage Catch Basins*
COA Storm Catch Basins
Other Storm Catch Basins
Storm Drainage Cleanouts*
COA Storm Cleanouts
Other Storm Cleanouts
Storm Drainage Pump Stations*
Storm Drainage Separators
COA Storm Separator
Other Storm Separator
Storm Drainage Infalls
COA Storm Infalls
Other Storm Infalls
Storm Drainage Manholes*
COA Storm Manholes
Other Storm Manholes
Storm Drainage Outfalls
COA Storm Outfalls
Other Storm Outfalls
Storm Drainage Channels*
COA Storm Channels
Other Storm Channels
Storm Drainage Culverts*
COA Storm Culverts
Other Storm Culverts
Storm Drainage Pipes*
COA Storm Gravity Mains
Other Storm Gravity Mains
Storm Drainage Detention Sites
Basic Biofiltration Swale
CP Oil Water Separator
Detention
Detention and Wet Pond
Detention Pond
Detention Tank
Detention Vault
Flood Storage
Infiltration
Infiltration and Swale
Infiltration Pond
Oil Separator
Pond
Pond and Swale
Stormfilter
Stormfilter Vault
Swale
UIC
Vault
Vault and Swale
Vortechnic
Wet Biofiltration Swale
Wet Pond
Wet Vault
Water Blowoffs*
COA Blowoffs
Other Blowoffs
Water Caps*
COA Water Caps
Other Water Caps
Water Interties
COA Water Interties
Other Water Interties
Water Pump Stations*
COA Water Pumps
Other Water Pumps
Water Springs
Water Wells
Water Reservoirs
COA Water Reservoirs
Other Water Reservoirs
Water Hydrants*
COA Water Hydrants
Other Water Hydrants
Water Meters*
COA Water Meters
Other Water Meters
Large Water Meters*
Water PRVs*
COA Water PRVs
Other Water PRVs
Water Valves*
COA Water Valves
Other Water Valves
Water Laterals*
COA Water Laterals
Other Water Laterals
Water Lines*
COA Water Lines
Other Water Lines
Sanitary Sewer Caps*
Sanitary Sewer Cleanouts*
Sanitary Sewer Pump Stations*
Sanitary Sewer Separators
Sanitary Sewer Siphons
Sanitary Sewer Wet Well
Sanitary Sewer Manholes*
Sanitary Sewer Blood Borne Manholes
Sanitary Sewer Manholes
Sanitary Sewer Laterals*
Sanitary Sewer Mains*
2012 Aerial North
Red: Band_1
Green: Band_2
Blue: Band_3
2012 Aerial South
Red: Band_1
Green: Band_2
Blue: Band_3
RES.A Page 68 of 72
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Road B
Road C
Road D
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RES.APage 69 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5074
Date:
May 27, 2014
Department:
Public Works
Attachments:
Res 5074
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 5074.
Background Summary:
The purpose of this Resolution is for the City Council to set a time and date for a public
hearing to amend the Six Year Transportation Improvement Plan.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Snyder
Meeting Date:June 2, 2014 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 70 of 72
RESOLUTION NO. 5 0 7 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING THE TIME AND DATE
FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL
ON THE 2015-2020 TRANSPORTATION IMPROVEMENT
PLAN
WHEREAS, RCW 35 77 010 requires that the City of Auburn annually prepare
and adopt a comprehensive transportation improvement program for each ensuing six
calendar years to ensure that the City will have available advance plans as a guide in
carrying out a coordinated street construction program; and
WHEREAS, ROW 35.77 010 requires the City Council to annually conduct a
public hearing to review the work accomplished under each six-year Transportation
Improvement Program, and to adopt a revised and extended comprehensive
transportation improvement program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1 PURPOSE. The purpose of this Resolution is for the City Council to
set a time and date for a public hearing on the 2015-2020 Transportation Improvement
Plan, to review the work accomplished under the program, and to identify capital
transportation system improvement projects, and relevant transportation studies.
Section 2. NOTICE OF HEARING The Council hereby directs that a notice
specifying the time and place of the public hearing shall be published one time in a
newspaper of general circulation and the notice shall also be posted in three public
places. Such public notice shall precede the public hearing by at least 10 days.
Resolution No. 5074
May 29, 2014
Page 1 of 2
RES.B Page 71 of 72
Section 3 DATE OF HEARING Pursuant to the requirements of State law, a
public hearing on said 201 5-2020 Transportation Improvement Program will be held on
the 16th day of June, 2014, at 7 30 p.m., or as soon thereafter as reasonably possible,
in the Council Chambers of the Auburn City Hall at 25 West Main Street in Auburn,
Washington, before the City Council. All persons interested in said 2015-2020
Transportation Improvement Program may attend and testify at said hearing.
Section 4. AUTHORITY. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 5 EFFECTIVE DATE. This resolution shall be in full force and effect
upon passage and signatures hereon.
DATED and SIGNED this day of June, 2014
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
AP O&
iid,SCTitov
FOR
aniel Attorn
Resolution No 5074
May 29, 2014
Page 1 of 2
RES.B Page 72 of 72