HomeMy WebLinkAbout02-20-2018 CITY COUNCIL AGENDA PACKETCity Council Meeting
February 20, 2018 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
I I I .AP P O I NT M E NT S
A .B oard and Commission Reappointments
Transportation Advisory Board
City Council to confirm the following reappointment to the Transportation Advisory
B oard for a three year term expiring December 31, 2020:
P amela Gunderson
(Recommended Action: City Council to confirm the appointment to the
Transportation Advisory Board.)
Civil S ervice Commission
City Council to confirm the following reappointment to the Civil Service Commission for
a six year term to expire December 31, 2022:
Heidi Harris
(Recommended Action: City Council to confirm the appointment to the Civil
S ervice Commission.)
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Franchise A greement No. 12-41
(Gaub)
City Council to conduct a public hearing to receive public comments and
suggestions with regard to the proposed F ranchise Agreement No. 12-41
B .Audience Participation
Page 1 of 122
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 - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the February 5, 2018 Regular Council Meeting
B .Claims Vouchers (Coleman)
Voucher Numbers 447607 through 447801 in the amount of $3,867,330.10 and one
wire transfer in the amount of $404,640.95 and dated February 20, 2018.
C.P ayroll Vouchers (Coleman)
Check numbers 537769 through 537792 in the amount of $221,260.67, electronic
deposit transmissions in the amount of $1,929,057.83 for a grand total of
$2,150,318.50 for the period covering F ebruary 1, 2018 to F ebruary 14, 2018
D.L egislative S ervices Contracts with W 2A and T hompson
Consulting Group (Hinman)
E .P ublic Works P roject No. C P 1507 (Gaub)
City Council approve F inal Pay Estimate No. 7 to Contract No. 17-02 in the amount of
$48,445.92 and accept construction of P roject No. C P 1507, Auburn Way North
P reservation.
F.P ublic Works P roject No. C P 1605 (F aber)
City Council to award of Contract No. 18-04, to the lowest responsible bidder for
P roject No. C P 1605 – L es Gove Park Crescent P roject
(RECOM M ENDED ACTION: City Council approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .O RD INANC E S
A .Ordinance No. 6677 (Tate)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
S ections 18.02,070, 18.35.020, 18.35.030, 18.35.040, of the A uburn City Code and
the City Z oning Map, creating a New Open Space Zoning District
(RE C O M M E ND E D AC T I O N: City Council adopt Ordinance No. 6677.)
B .Ordinance No. 6678 (Coleman)
Page 2 of 122
A n Ordinance of the City Council of the City of A uburn, Washington, establishing the
L ocal S ales and Use Tax rate for L ocal Revitalization Financing for 2018
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6678.)
X I .RE S O L UT IO NS
A .Resolution No. 5340 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, setting a public
hearing to consider the vacation of real property intended for right-of-way purposes
located at 1412 3rd Street S E , within the City of Auburn, Washington
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5340.)
B .Resolution No. 5345 (Faber)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to negotiate and execute a contract with P eter Reiquam to design, fabricate,
and install a public art piece into the design of L es Gove P ark in conformity with the
iconic P ublic Artwork for L es Gove P ark art process
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5345.)
C.Resolution No. 5347 (Faber)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an agreement for relinquishment and quitclaim of easement rights,
including a Use Agreement with K ing County for a portion of Brannan P ark, all related
to Brannan P ark
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5347.)
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
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 M ayor
X I I I .AD J O URNM E NT
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.
Page 3 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Board and Commission Reappointments
Date:
February 13, 2018
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
Background Summary:
During a recent audit of all boards and commissions, it was discovered that a reappointment
to the Civil Service Commission was missed for a member still actively serving and this is
being processed for the records to be accurate.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:February 20, 2018 Item Number:
Page 4 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Franchise Agreement No. 12-41 (Gaub)
Date:
January 24, 2018
Department:
CD & PW
Attachments:
Draft Ordinance No. 6670
Ordinance No, 6452
Budget Impact:
Administrativ e Recommendation:
Administrative Recommendation: City Council to hold a public hearing in consideration of
renewal of Franchise Agreement No. 12-41.
Background Summary:
Per Auburn City Code Chapter 20.06.140 a public hearing shall be held to consider the
renewal and amendment of Franchise Agreement No. 12-41 for Zayo Group, Inc. to continue
to operate within the City’s rights-of-way a telecommunications system. The date of the public
hearing was set by Resolution No. 5339 on January 16, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:February 20, 2018 Item Number:PH.1
Page 5 of 122
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 1 of 5
ORDINANCE NO. 6 6 7 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL
AND AMENDMENT OF ORDINANCE NO. 6452 FOR ZAYO
GROUP, LLC, FRANCHISE AGREEMENT NO. 12-41 FOR A
TELECOMMUNICATIONS SYSTEM
WHEREAS, on April 1, 2012, the City Council adopted Ordinance No. 6452,
granting a telecommunications franchise to Zayo Group, LLC; and,
WHEREAS, Zayo Group LLC wishes to renew said Franchise Agreement
for an additional five year term; and
WHEREAS, following proper notice, the City Council held a public hearing
on Zayo Group, LLC’s request for renewal of Ordinance No. 6452, at which time
representatives of Zayo Group, LLC 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, based upon the foregoing recital clauses and from information
presented at such public hearing and from facts and circumstances developed or
discovered through independent study and investigation, the City Council now
deems it appropriate and in the best interest of the City and its inhabitants that the
renewal of Ordinance No. 6452 be granted to Zayo Group, LLC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Page 6 of 122
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 2 of 5
Section 1. The City approves Zayo Group, LLC’s application for renewal
for one five-year period as provided for in Section 3 of Ordinance No. 6452, a copy
of which is attached hereto, marked as Exhibit A, under the conditions set forth in
this Ordinance. Such five-year renewal period shall commence on the effective
date of this Ordinance.
Section 2. Section 2, Paragraph A. of Ordinance No. 6452 regarding
Grantee contact information is hereby amended as follows;
Grantee:
Zayo Group, LLC
Attn. General Counsel, ZFTI
400 Centennial Parkway, Suite 200
1805 29th Street, Suite 2050
Louisville, CO 80027
Boulder, CO 80301
Section 3. Zayo Group, LLC shall, within thirty (30) days after the effective
date of this Ordinance, file with the City, a fully executed Statement of Acceptance
of this Ordinance, which written acceptance shall be Exhibit B, attached hereto
and incorporated herein by this this reference.
Section 4. This Ordinance shall supersede Ordinance No. 6452 to the
extent that it contains terms and conditions that change, modify, delete, add to,
supplement or otherwise amend the terms and conditions of Ordinance No. 6452.
All other provisions of Ordinance No. 6452 shall remain unchanged and in full force
and effect.
Page 7 of 122
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 3 of 5
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 6. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances.
Section 7. 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
Page 8 of 122
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 4 of 5
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
Page 9 of 122
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 5 of 5
EXHIBIT “B”
STATEMENT OF ACCEPTANCE
Zayo Group, LLC., for itself, its successors and assigns, hereby accepts and
agrees to be bound by all lawful terms, conditions and provisions of the Franchise
Agreement, Ordinance No. 6452, attached hereto and incorporated herein by this
reference as amended by Ordinance No. 6670.
Zayo Group LLC
1805 29th St SE, Suite 250
Boulder, CO 80301
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2018, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
Page 10 of 122
ORDINANCE NO. 6 4 5 2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ZAYO GROUP, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, A FRANCHISE FOR A
TELECOMMUNICATIONS SYSTEM
WHEREAS, Zayo Group, LLC, ("Grantee") has applied to the City of
Aubum ("Cit') for a non-exclusive Franchise fo 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 March 18, 2013, on Grantee's request for a Franchise, at which time
representatives of Grantee and interested citizens virere heard in a full public
proceeding affording opportunity for commenf byany 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
WASFiINGTON, 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 eMer, use, and occupy the right(s)-of-way
and/or other public property specfied in Exhibit "A," attached hereto and
incorporated by reference (the °Franchise Area").
B. The Grantee is authorized t_o install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities spec ed in Exhibit
B," attacheii hereto and incorporated by reference, and all necessary
appurtenances thereto, ("Gran4ee Facilities") for provision of those services set
forth in Exhibit "C" ("Grantee Services") in, along, under and across the
Franchise Area.
Ordinance No. 6452
January 29, 2013
Page 1 of 15
Page 11 of 122
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere w hin 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 4he
Franchise Area shall have no value.
F. The Ciry reserves the right to change, regrade, relocate, abandon,
orvacate any right-of-way wRhin 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 Gity and the public's need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2 Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City:Engineering Aide, Public Wo lcs Department-Transportation
City of Aubum
25 West Main Street
Aubum, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
Ordinance No. 6452
January 29, 2013
Page 2 of 15
Page 12 of 122
with a copy to: City Clerk
City of Auburn
25 West Main Street
Aubum, WA 98001-4998
Grarrtee:
Zayo Group, LLC
Attn. General Counsel, ZFTI
400 Centennial Parkway, Suite 200
Louisville, CO 80027
B. Any changes to the above-stated Grantee ir formation shall be sent
to the City's Engineering Aide, with copies to the City Clerk, referencing the title
ofthis agreement.
G The a6ove-stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Sectio 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specfied 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 spec ed under ACC 20.06.130, as it now exists oP is amended,
wrthin the timeframe set forth 4herein (curren4ly 240 to 180 days prior to
e iration of the then-current term). Any materials submiited by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submiY those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Serv'ices, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise— Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
renewed or efther party give.s written notice at least one hundred and eighty (180)
days in advance of iMent not to renew the Franchise.
Ordinance No. 6452
January 29, 2013
Page 3 of 15
Page 13 of 122
Section 4. Definitions
For the purpose of this agreement:
ACC" means the Aubum City Code.
Emergency' means a condition of imminent danger to the health, safety and
welfare of persons or property Iocatedwithin 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 similarpublic 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 Aoceptance, attached hereto as Exhibit "D," and
incarporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guaraMees spec ed in Section 16
collectively, "Francfiise 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 effectiye date of the ordinance approving the
Franchise, the City's grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
Ordinance No. 6452
January 29, 2013
Page 4 of 15
Page 14 of 122
Facilities. Grantee shall comply with all applicable City, State, and Federal
codes, rules, regulations, and orders in undertaking such work, which shall be
done in a thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is under taking
its activit r.
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
6me 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 ideMify exisfing 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 ovefianging streets, public rights-of-way, and places in the
Franchise Area so as to preverrt 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 ofthe fimming, 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, pro4ided
that the Grantee shall notify the City Construction Manager in writing as prompUy
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, vvithout prior written notice in the case of emergency, but shall notify
the Grantee in writing as promp4ly as possible under the circumstances.
Section 8. Damages to City and Third-Party Property
Ordinance No. 6452
January 29, 2013
Pageb of 15
Page 15 of 122
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 repairwork 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 applica4io 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 oradditional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
goveming preference shall continue in fhe 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 reloc tion of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
thefuture require the relocation of Grantee Facilities. Such relocations shall be
govemed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer
facilities and ten (10) feet from above-ground City water facilities; provided, that
for development of new areas, the City, 'in consultation with Grantee and other
utility purveyors or authorized users of 4he Public Way, will develop guidelines
and procedures for determining spec c utility locations.
Section 10. Grantee Infortnation
A. Grantee agrees to supply, at. no cost to the City, any information
reasonably requested of the City Engineering Aide to coordinate municipal
functions with Grantee's activities and ftilfill 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 loca4ion of
existing or planned facilities within the City. Said information may be requested
either in hard copy or electronic format, compatible with the Ciry's data base
system, as now or hereinafter existing, including the City's geographic
information Service (GIS) data base. Grantee shall keep the City Right-of-NVay
Ordinance No. 6452
January 29, 2013
Page 6 of 15
Page 16 of 122
Manager informed of its long-range plans for coordination with the Citys long-
range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the Ciry.
Accordingly, the Ciry 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 attomeys fees) imposed on the Clty
because of non-disclosures requested by Grarrtee under Washington's open
public recordsact, provided the City has not ed Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as othervvise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be reguired by RCW Chapter
35.99. Pursuant to the provisions of Section 14, Grantee agrees to p oted and
save harmless the City from any customer or third-party claims for serVice
interruption or other losses in connection with any such change, reloca#ion,
abandonment, or vacation of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request ftom a party other than the City, that party shall pay
4he Grantee the actual costs thereof.
Section 72. 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, ei4her 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.
Sectlon 13. Undergrounding
Ordinance No. 6452
January 29, 2013
Page7 of 15
Page 17 of 122
A. The parties agree that this Franchise does not limit the Ciry's
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aeriai 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 o4her vtilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs bome 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
vaufts. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 74. Indemnification and Hold Harmless
A. The Grantee shall defend, indemniiy, and hold the City and its
officers, officials, agents, employees, and Volunteers harmless from any and all
costs; claims, injuries, damages, losses, su'its, orliabilities of any nature including
attorneys' fees arising out of or in connecfion with the Grantee's perFormance
under this Franchise, except to the exterrt such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the negligence of the City.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and/or construction work performed by, or on behalf of; the City
within the Franchise Area or any other City road, right-of-way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent perForming such work.
C. The Grantee acknowledges thaY neither the City nor any other
pu6lic agency with responsibility for fire fighting, emergency rescue, public safery
or similar duties within the City has 4he 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 providesuch services, and, pursuanYto theterms
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. 6452
January 29, 2013
Page 8 of 15
Page 18 of 122
D. Acceptance by the Ciiy of any work Perfom ed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further spec cally and expressly understood that the
indemn cation provided herein constitutes the Grantee's waiver of immunity
under Industrial Insurance. Title 51 - RCW, solely for the purposes of this
indemn cation. This waiver has 6een 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 connedion with the performance of the worlc
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 $1,0OO,OU0.00 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 $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
2;000,000.00 products-completed operations aggregate limit. Coverage shall
be written on ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury and advertising injury and liability assumed
undeian insured contract. The Commercial General Liability insurance shall be
endorsed to providethe Aggregate Per Project Endorsement ISO form CG 25 03
11 85. There shall be no endorsement or modification of the Commercial
General Liability insurance for liability arising from explosion, collapse, or
underground properry 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 Addfional Insured
Endorsemerrt CG 20 10 10 01 and Additional Insured-Completed Operations
Ordinance No. 6452
January 29, 2013
Page 9 of 15
Page 19 of 122
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
3. Professional Liability insurance with limits no less than
1,000,000.00 per claim for all professional employed or retained Grantee to
pe form services under this Franchise.
4. Wo icers' CompensaUon coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liabil'ity, 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 Grarrtee'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 eitherparty excepYafter thirty (30) days` prior
written notice by cerfified mail, retum receipt requested, has been given to the
City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall fumish the City with
documentation of insurer's A.M. BesY rating and with original cert cates and a
copy of'amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requiremerrts of the
Consultant before commencement of tlie work.
E. Grantee shall have the right to self-insure any or all of the aboye-
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 proyided by
such insurance, or othervvise 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. 6452
January 29, 2013
Page 10 of 15
Page 20 of 122
The Grantee shall provide the City with a financial guarantee in the amount of
Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to 4he City. In the event Grantee
shall fail to substantially compiy with any one or more of the provisions of this
Franchise, then there shall be recovered jointly and severally from the principal
and any surety of such financial gua,rantee any_damages suffered by Ciry as a
result thereof, including but noY limited to staff time, material and equipment
costs, compensa4ion or indemn cation of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grarrtee specificalty agrees
thaY its failure to comply with the terms of Section 19 shall constitute damage to
the City in the monetary amount set forth therein. Such a financial guarantee
shall not be construed to limit the Grantee's liability to the guarantee amount, or
otherwise limit the City's recourse to any remedy to which the Ciiy is otherwise
entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grarrtee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shatl inure to its successors, assignees and
contractors equally as if they were spec cally mentioned herein wherever the
Grantee is mentioned.
B, This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance; Provided, that prior
consent for an assignment to Grantee's affiliates may be granted
administrafively.
C. Grarrtee 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 praposed 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 incuRed by the City in processing, and
investigating the proposed assignment or transfer.
D. Prior to the City's consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Asgignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Ordinance No. 6452
January 29, 2013
Page 11 of 15
Page 21 of 122
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obiigation to undertake any investigation of the transferoPs state of
compliance and failure of the Ciry to insist on full compliance prior to transfer
does not waive any right to insist on full compliance thereafter.
Section 78. Dispute Resolution
A. In the event of a dispute between the Ciry 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 P qreement. 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 govemed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties spec cally
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attomeys' 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. Ifithe GraMee shall willfuly 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 ofi
this agreement, the City may, at its discretion, provide Grantee with written no4ice
to cure fhe breach within thirty (30) days of not cation. If the City determines the
breach cannot be cured within thirty days, the City may speciy 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
originaf:thirty day cure period, and diligenf prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
compty with the speafied conditions, the City may, at its discretion, either (1)
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth
in Section 16 for every day after the expiration of the cure period that the breach
is not cured.
Ordinance No. 6452
January 29, 2013
Page 12 of 15
Page 22 of 122
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 ff 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#o, and the Grantee shall comply with all
applicable federal and state ar City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federaf laws and regulations, affecting performance under this Franchise.
furthermore, notwithstanding any otherterms of this agreement appearing to the
contrary, the Grarrtee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare ofi 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
co orm to any hereafter enacted, amended, or adopted federal or state statute
or regulafion relating to the public health, safety, and weffare, or relating to
roadway regulation, or a City Ordinance enacted pursuarrt to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full te ct of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amencJment
shall 6ecome automatically effecfiVe upon expiration of the notice period unless,
before e iration of that period, the Grantee makes a written call fornegotiations
over the terms of the amendment. If the parties do not reach agreemeM as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enacY the proposed amendment, by incorporating the Grarrtee's
concems to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
mod cation.
Section.21. License, Tax and Other Charges
This Franchise shall not exempt 4he Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
Ordinance No. 6452
January 29, 2013
Page 13 of 15
Page 23 of 122
under state ar 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, punitiye; reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder pofions
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.
Seetion 26. Effective date.
This Ordinance shall take effect and be in force froe days from and after its
passage, approval and publication as provided by law.
INTRODUCED:
APR - 1 2013
PASSED:
APPROVED: T 2013
PETE . EWIS, MAYOR
Ordinance No. 6452
January 29, 2013
Page 14 of 15
Page 24 of 122
ATTEST:
Ql
Dani Ile E: Daskam, City Clerk
APPROVED AS TO FORM:
a e ,` 'ty tt ne
Published: a13.----`
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Ordinance No. 6452
January 29, 2013
Page 15 of 15
Page 25 of 122
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Grantee Facilities
Underground and overhead fiber optic cable consisting of individual fiber optic strands.
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
Page 27 of 122
Exhibit "C"
Grantee Services
Zayo is a provider of bandwidth infrastructure solutions, offering traditional lit
telecommunications services (including private]ines and wavelengths, Intemet access
and co-location) to wholesale and enterprise oustomers over a fiber-optic network in
metropolitan markets from coast-to-coast. Wholesale carrier customers include
telecom, wireless, cable, LEC and Intemet serV'ice providers. Enterprise customers
include web-centric and technology businesses, governmerit entities, educational
institutions, financial services companies, healthcare providers and smaller firms
needing to connect mumple facilities. Zayo does not provide any residential, voice,
cable or video senrice.
Ordinance No. 6452
Franchise AgreementNo. 12-41
DATE 01/29/2013
Page 28 of 122
Zayo Group Proposed Initial Buildout
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Page 29 of 122
EXHIBIT"D"
STATEMENT OF ACCEPTANCE
Zayo Group, LLC, for itself, its successors and assigns, hereby accepts and agrees to
be bound by all lawful terms, conditions and provisions of the Franchise attached hereto
and incorporated herein by this reference.
Grantee]
By: J-, ti Date: i i I i J
Name: 6;. Fr;cdM..
Title: CFU'ZFT J Zo, (,,,,,P, LL
STATE OF J „ra r o )
ss.
COUNTY OF 'o, ,I I:c_r )
i
On this I day of I 2013, before me the undersigned, a Nota_ry
Public in and for 4he State of C r o , duly commissioned and sworri, personally
appeared, f rl s,n._ of 4he company that executed the within
and foregoing ' strument, and ackno he said instrumerrt to be the free and
voluntary.act and deed of said company, for the uses and purposes therein mer tioned,
and on oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official.seaf on
the date hereinabove set forth.
h . C ll h /_
Sigriature
NOTARY PUBLIC in and for the State of
1 «c o , residing at P o.lr oa o:,n
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Ordinance No. 6452
Franchise Agreement No: 12-41
DATE 01/29/2013
Page 30 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 5, 2018 Regular Council Meeting
Date:
February 14, 2018
Department:
Administration
Attachments:
Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:February 20, 2018 Item Number:CA.A
Page 31 of 122
City Council Meeting
February 5, 2018 - 7:00 PM City
Hall Council Chambers MINUTES
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72 hours after the meeting has
concluded.
I.CALL TO ORDER
A.Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street and led those
in attendance in the Pledge of Allegiance.
B.Roll Call
City Councilmembers present: Deputy Mayor Bob Baggett, Larry Brown,
Claude DaCorsi (via telephone), John Holman, Bill Peloza, Yolanda Trout-
Manuel, and Largo Wales. (Councilmember DaCorsi left the Council
meeting at 8:48 p.m. and immediately prior to Council Reports.)
Mayor Nancy Backus was in attendance, and the following department
directors and staff members were present: City Attorney Daniel B. Heid,
Parks, Arts and Recreation Director Daryl Faber, Finance Director Shelley
Coleman, Police Commander Dan O'Neil, Assistant Director of
Engineering Services/City Engineer Ingrid Gaub, Assistant Director of
Community Development Services Jeff Tate, Director of Administration
Dana Hinman, and City Clerk Danielle Daskam.
II.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A.Goodwill Ambassador Proclamation
Mayor Backus to proclaim the designation of Whitney Van Vleet, Miss Auburn 2018,
and Olivia Thomas, Miss Auburn's Outstanding Teen 2018, as "Goodwill Ambassadors
for the City of Auburn".
Mayor Backus read and presented a proclamation designating Miss Auburn
2018 Whitney Van Vleet and Miss Auburn's 2018 Outstanding Teen Olivia
Thomas as Goodwill Ambassadors for the City of Auburn. Both young
women spoke about their platforms and thanked their sponsors for their
support. They also thanked Mayor Backus and the City Council for their
support.
III.APPOINTMENTS
A.Auburn Arts Commission
Page 1 of 9Page 32 of 122
City Council to confirm the appointments of the following to the Auburn A rts
Commission for a new three year term to expire December 31, 2020:
A nne B aunach
E ydie L eighty
S irichanh Sisavatdy
Deputy Mayor B aggett moved and Councilmember Holman seconded to
confirm the appointment of A nne B aunach, E ydie L eighty, and Sirichanh
S isavatdy to the A rts Commission.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Tourism Board
City Council to confirm the appointment of Carina S aucedo to the Auburn Tourism
B oard for a new three year term to expire December 31, 2020.
Councilmember Brown moved and Councilmember P eloza seconded to
confirm the appointment of Carina S aucedo to the Tourism Board.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
I V.AG E ND A M O D I F IC AT I O NS
There was no change to the agenda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
No public hearing was 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.
B ill Boyer, 1032 U St NW, Auburn
Mr. Boyer lives in the J ornada neighborhood situated above the A uburn
P olice firing range. He expressed concern about the amount of noise
from the range. Mr. B oyer stated that residents of the neighborhood
expressed their concerns about the amount of noise from the firing range at
a neighborhood meeting. Mr. Boyer urged the Council to approve a budget
proposal for noise mitigation at the firing range.
J ason Berry, 1620 Perimeter Road S W, A uburn
Mr. B erry spoke on behalf of the Auburn Human S ervices Committee. He
acknowledged several members of the C ommittee in the audience this
evening. He spoke in support of R esolution No. 5348. He thanked Mayor
B ackus and the C ity Council f or the opportunity to serve the City on the
Human Services Committee.
Page 2 of 9Page 33 of 122
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman shared his concerns regarding a concrete wall on his
neighbor's property. Mr. Zimmerman contends the wall was built without
footing or foundation and is unsafe. Mr. Z immerman stated the wall does
not meet minimum seismic standards.
Rollyn K idd, 210 13th S treet S E, A uburn
Mr. Kidd expressed concern with perpetual yard sales in the city. He urged
the C ouncil to limit the number of yard sales and control signage f or the
yard sales.
C.Correspondence
1.Correspondence from Mike Carr received J anuary 15,
2018
Mayor Backus acknowledged correspondence received from Mike Carr on
J anuary 15, 2018.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
Councilmember B rown reported on behalf of the F inance ad hoc
committee. Councilmember B rown reported he and Councilmember
Ho l man reviewed claims vouchers in the approximate amount of $1.6
million and seven wire transfers in the amount of approximately
$760,000.00 and payroll checks in the approximate amount of
$517,000.00 and electronic deposits in the approximate amount of $1.9
million. Councilmember Brown reported all payments were in order, and
the committee recommends approval of claims and payroll vouchers.
Councilmember D aCorsi reported the S treet Projects ad hoc committee
will meet on February 14th.
Deputy Mayor B aggett reported the ad hoc committee to determine the
seating of the Council at the dais attempted to meet.
Deputy Mayor Baggett moved to suspend the C ouncil rules f or requiring an
ad hoc committee to determine the C ouncil seating at the dais and allow
the C ouncil as a whole determine the seating. C ouncilmember Holman
seconded.
Deputy Mayor B aggett advised the ad hoc committee discovered that
dialogue had occurred with other members of the Council that could have
created a violation of the Open Public Meetings Act.
City Attorney Heid spoke regarding a "serial" meeting. A serial meeting is
conducted through a series of communications by individual members or
Page 3 of 9Page 34 of 122
less-than-a-quorum groups, ultimately involving a majority of the
Councilmembers.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J anuary 16, 2018 Regular Council Meeting
B .Claims Vouchers
Voucher 447410 through 447606 in the amount of $1,580,798.00 and 7 wire transfers
in the amount of $760,560.58 dated February 5th, 2018.
C.P ayroll Vouchers
P ayroll check numbers 537748 through 537768 in the amount of $516,608.44,
electronic deposit transmissions in the amount of $1,928,306.84 for a grand total of
$2,444,915.28 for the period covering J anuary 11, 2018 to J anuary 31, 2018.
D.P ublic Works P roject No. C P 1710
City Council approve F inal Pay Estimate No. 5 to Contract No. 17-17 in the amount of
$7,622.23 and accept construction of Project No. C P1710 Citywide Sidewalk Repair
and I mprovement
Councilmember Peloza moved and Councilmember Holman seconded to
approve the Consent Agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I I .UNF INIS HE D B US I NE S S
A .Council Seating at Dais
Councilmember Holman moved to accept the current seating
arrangement. Deputy Mayor B aggett seconded,
Councilmember Wales objected to the motion and asked to be seated
near the Deputy Mayor.
Councilmember Trout-Manuel spoke in f avor of C ouncilmember Wales'
request.
Councilmember Peloza suggested the seating arrangement right af ter the
election of Deputy Mayor.
MO T I O N TO A C C E P T T HE C UR R E NT S E AT I NG A R R A NG E ME NT
FA I L E D. 3-4 Councilmembers DaC orsi, P eloza, Trout-Manuel and
Wales voted no.
Page 4 of 9Page 35 of 122
Councilmember Wales moved and Councilmember P eloza seconded to
return to the previous seating arrangement following election of the current
Deputy Mayor.
Councilmember Holman requested clarification of the motion.
Councilmember Wales described the seating arrangements f rom right to
left as viewed from the audience: Councilmember Peloza, Councilmember
Trout-Manuel, Councilmember Wales, Deputy Mayor Baggett,
Councilmember Holman, Councilmember B rown, and Councilmember
DaCorsi.
MO T I O N C A R R I E D. 5-2 D eputy Mayor Baggett and Councilmember
Holman voted no.
I X.NE W B US I NE S S
There was no new business.
X .O RD INANC E S
A .Ordinance No. 6673
A n Ordinance of the City Council of the City of A uburn, Washington, rezoning one
parcel, 7500 square feet in size, from R-7 Residential to D UC Downtown Urban
Center, to implement the Comprehensive P lan and amending the City's
Comprehensive Zoning Map
Councilmember Holman moved and Councilmember Peloza seconded to
adopt Ordinance No. 6673.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Ordinance No. 6676
A n Ordinance of the City Council of the City of A uburn, Washington, amending Section
2.36.030 of the City Code relating to number of members for the Auburn Human
S ervices Committee
Councilmember Trout-Manuel moved and Councilmember Holman
seconded to adopt Ordinance 6676.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I .RE S O L UT IO NS
A .Resolution No. 5341
A Resolution of the City Council of the City of A uburn, Washington, acknowledging
clarifying revisions and reformatting of the 2015 Comprehensive Plan and reaffirming
the previous adoption of that plan as revised
Page 5 of 9Page 36 of 122
Deputy Mayor B aggett moved and C ouncilmember Peloza seconded to
adopt Resolution No. 5341.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5348
A Resolution of the City Council of the City of A uburn, Washington, accepting and
approving the funding priority recommendations from the Human S ervices Committee
Councilmember Wales moved and C ouncilmember Holman seconded to
adopt Resolution No. 5348.
Human S ervices Manager J oy S cott provided a staff presentation with the
use of a PowerP oint.
On J anuary 22, 2018, staff presented information on the current funding
priorities for human services General F und f unding and future funding
priorities. Manager Scott stated the f unction of the f unds is to build a
system of support that meets a range of community needs and support a
variety of programs to serve the needs of Auburn residents. T he J anuary
22, 2018, Council study session and Human Services Special F ocus area
was the beginning of discussion to develop a set of revised recommended
priorities. T he five priorities in R esolution No. 5348 represent a process
that included input from the C ouncil study session on J anuary 22nd, from
City of A uburn staf f , and from the Human S ervices C ommittee members.
The five priorities include:
1. S ervices that address basic and emergency needs, including food,
shelter health and dental care.
2. Programs that prevent homelessness and support housing stability
3. J ob training and educational programs that provide economic
opportunity for Auburn residents
4. P rograms that promote the well-being and safety of individuals and
families in the community
5. P rograms that support positive relationships with families,
neighborhoods, and communities
Manager S cott recommended any large funding shifts should be data
driven to ensure ef f ective outcomes rather than assumptions about what
the community needs. Manager S cott stated staff recommends adoption
of Resolution No. 5348 as presented in the agenda packet, which includes
the funding priorities recommended by the Human Services Committee.
Manager S cott explained the proposed revised resolution would make the
Page 6 of 9Page 37 of 122
following programs ineligible for human services funding: early childhood
education, family support for survivors of sexual assault, job training, and
other education programs.
Councilmember Wales moved to amend Resolution No. 5348 per the
revised resolution distributed prior to the meeting and dated F ebruary 1,
2018. Councilmember Trout-Manuel seconded.
Councilmember Wales stated she served on the Human S ervices
Committee in 1998 and the Committee worked f rom the same priorities.
S ince that time, services are available through the veterans levy, the
A ffordable C are A ct f or medical services, mandated special education
services from birth to 22 years of age, the McC leary decision, summer
lunch programs, summer school for free, the Auburn F oundation, A uburn
Communities and S chools, P TA's, and B est Starts f or K ids.
Councilmember Wales stated the C ity needs to get away from duplication
of services. Councilmember Wales stated the Health and Human S ervices
S pecial F ocus A rea proposed areas where no care is provided:
homelessness prevention and housing stability, f ood access, and
healthcare.
Mayor Backus explained the Council sets the policy/priorities. The Human
S ervices Committee reviews all applications for funding and identifies
those agencies eligible for f unding based on the established priorities.
The Human S ervices Committee f orwards its recommendations for
funding to the City Council for final approval.
Councilmember Trout-Manuel stated the three priorities outlined in the
revised resolution were submitted to the previous human services
manager and more recently to Human Services Manager S cott.
I n response to a question f rom Councilmember Holman, Human S ervices
Manager S cott stated the staff recommendation is to adopt the original
version of the resolution, which is included in the agenda packet. Manager
S cott expressed concern about gaps in services that could exist if the
priorities are narrowed to the focus areas outlined in the revised version of
the resolution.
I n response to a question f rom C ouncilmember Wales, Human S ervices
Manager Scott stated duplication of services is always a valid concern.
Manager S cott stated part of what the f unding does for the community is to
ensure programs, such as early childhood education, family support
programs, programs for survivors of sexual assault, job training programs,
education programs for adults and youth in the community, counseling and
support groups, are available to A uburn residents. S he stated that while
such programs exist generally in the county, they may not be available or
easily accessible to Auburn residents without A uburn funding.
I n response to a question from C ouncilmember Trout-Manuel regarding
duplication of services f rom the Human S ervices Committee's priorities 4
Page 7 of 9Page 38 of 122
and 5, Human Services Manager S cott stated the school system may
provide similar services to those families with school age children but those
without school age children would not be eligible for services except
through the City's human services programs.
Councilmember Holman suggested adopting the Human S ervices
Committee recommendation for funding priorities.
Councilmember Wales stated the priorities established tonight will be used
for funding priorities for the next two years.
Councilmember D aCorsi stated f unding priorities must be measurable.
Human S ervices Manager S cott stated the majority of cities in the county
use broader language that speaks to categories of programs. I n their
funding application, the service provider outlines projected outcomes and
metrics they are responsible for reporting on. T he Human S ervices
Committee reviews the applications to ensure the applicant's proposed
outcomes are measurable and realistic.
Councilmember Brown stated he served on the S eattle-K ing County
Workforce Development Board where he reviewed grant requests.
Councilmember Brown asked if the application process provides
measurables and quantif ies outcomes. Human S ervices Manager S cott
responded in the affirmative. Additionally, staff monitor agencies on a
regular basis to ensure they are meeting the outcomes included in their
applications.
Councilmember Peloza suggested combining the provisions of the two
resolutions.
Councilmember Peloza moved to amend the Resolution to add Section 1
from the J anuary 31, 2018 resolution and the three bullet points in the
revised Resolution as a new S ection 2 with a lead in statement of "T he City
Council further identifies the following to clarify the funding priorities in
S ection 1, above:" Councilmember Holman seconded.
MO T I O N TO A ME ND C A R R I E D UNA NI MO US LY. 7-0
MO T I O N TO A ME ND C A R R I E D UNA NI MO US LY. 7-0
MO T I O N A S A ME ND E D C A R R I E D UNA NI MO US LY. 7-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
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 Baggett reported on his attendance at the fifth anniversary
celebration for the Auburn Valley Humane Society. A s a member of Medic
Page 8 of 9Page 39 of 122
One Emergency Medical S ervice L evy Task Force for King County,
Deputy Mayor Baggett attended their first finance subcommittee meeting to
plan strategies and rate structures for the 2020 levy.
Councilmember B rown reported on his attendance at the Association of
Washington Cities' Cities Day in Olympia along with Deputy Mayor
B aggett and Councilmember Peloza. Councilmember B rown also
reported on his attendance at the Sound C ities A ssociation newly-elected
Councilmembers orientation workshop.
Councilmember P eloza reported on his attendance at the K ing County
Water P ollution A batement Advisory Committee meeting. Councilmember
P eloza also reported on his attendance at the Water R esource I nventory
A rea (W R I A ) 9 Management Committee meeting. Councilmember P eloza
reminded the Council and the audience the A uburn I nternational F armers
Market will temporarily move to L es Gove P ark this summer.
Councilmember P eloza also reminded of the availability of the National
L eague of Cities prescription discount program, which began in 2009 and
has saved A uburn citizens more than $184,000.00 over the last eight years.
B .From the M ayor
Mayor B ackus reported on the following meetings, activities and events: a
tour of the Boeing J ob Readiness Center along with Deputy Mayor
B aggett and Councilmembers Brown and P eloza; the funeral service for
P ierce C ounty D eputy Mc C artney where the A uburn Police Department
Honor Guard participated and A uburn P olice Department motorcycle
officers provided escort; the Miss A uburn S cholarship Program; a meeting
of One Table with K ing County E xecutive Dow Constantine and Seattle
Mayor J enny Durkin; a meeting with K ing County Prosecutor Satterberg to
discuss the L aw E nf orcement A ssisted Diversion (L E A D ) Program; the
quarterly meeting with the Master Builders A ssociation; a Regional
Transportation S ystem I nitiative meeting; a ribbon cutting ceremony f or L A
Fitness, and the River Mobile Home Park "P J " Party.
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
adjourned at 9:08 p.m.
A P P R O V E D this _____ day of _____________________, 2018.
___________________________ __________________________
NA NC Y B A C K US, MAYO R Danielle Daskam, City Clerk
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.
Page 9 of 9Page 40 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
February 13, 2018
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claims Vouchers
Background Summary:
Voucher Numbers 447607 through 447801 in the amount of $3,867,330.10 and one wire
transfer in the amount of $404,640.95 and dated February 20, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:February 20, 2018 Item Number:CA.B
Page 41 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
February 13, 2018
Department: Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
approve payroll vouchers
Background Summary:
Check numbers 537769 through 537792 in the amount of $221,260.67, electronic deposit
transmissions in the amount of $1,929,057.83 for a grand total of $2,150,318.50 for the
period covering February 1, 2018 to February 14, 2018
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:February 20, 2018 Item Number:CA.C
Page 42 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Legislative Services Contracts with W2A and Thompson
Consulting Group (Hinman)
Date:
February 14, 2018
Department:
Administration
Attachments:
2017 Annual Report
2018 Thompson Consulting Group
2018 W2A Contract
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:February 20, 2018 Item Number:CA.D
Page 43 of 122
MEMORANDUM
TO: Mayor Nancy Backus
FR: W2A & Thompson Consulting Group
DT: January 25, 2018 (updated February 5, 2018)
RE: 2017 Annual Report
Below is a review of the activities of your external affairs team on behalf of the City of Auburn in 2017. Each
firm, W2A and the Thompson Consulting Group, brings a unique set of skills, background and relationships that
together help to advance the goals of the City of Auburn with local and regional stakeholders and at the state
and federal levels.
In Olympia and in Washington, DC, the external affairs team has been heavily involved in advocating for
Auburn’s priorities. We value our partnership with the City and look forward to continuing our work with you.
Agenda Development & Advocacy
In partnership with City leadership and staff, the external affairs team developed and worked to advance the
City’s priorities as laid out in the state and federal agendas. Our team tracked, provided analysis, and advocated
for policy and funding actions to support the work of the City. This included advocating for investments in
important community development, homelessness, veterans and public safety programs; support for revenue
stability; and funding for critical local and regional infrastructure projects.
In Olympia, the 2017 session extended through July. The Capital Budget was not completed until early this year
but brought substantial amounts of funding to projects such as the YMCA and for Nexus Youth and Families. The
City of Auburn should also expect funding for the critical modular home project. As in years past, the team
continues to steadfastly work on Streamlined Sales Tax Mitigation to ensure the State of Washington properly
makes up the monetary loss associated with the switch to the new taxing program. The team will continue to
work to protect revenue sharing to ensure that Auburn receives its fair share of tax revenues to continue to
provide vital services to every citizen.
In Washington, DC, work on both FY17 and FY18 spending was characterized by multiple continuing resolutions
(CR) in the absence of the normal appropriations process. Congress passed an FY17 omnibus spending bill in
April 2017 that largely held funding level at FY16 levels. Final spending levels for FY18 are still under negotiation.
The FY17 omnibus and the subsequent FY18 CRs have held funding for many important programs level. Congress
will need to reach a deal to raise the Budget Control Act’s spending caps before passing FY18 spending. We will
continue to monitor funding levels through the CR and omnibus processes for City priorities.
Page 44 of 122
State/Federal Engagement & Coordination
On behalf of the City, the external affairs team conducted ongoing outreach to both state legislators and the
federal delegation. Your team is in ongoing contact with legislators and the federal delegation to share updates
on the City and its priorities. The external team also coordinated meetings for City elected officials and staff in
both Olympia and Washington, DC. Our work included the development of briefing materials, outreach to
congressional and state staff in advance of the meetings, scheduling arrangements, assistance during the trips,
and all necessary follow up.
On Call Issues Management/Strategic & Policy Advice
The external affairs team was on call to provide analysis, advice and advocacy as state and federal issues arose
over the course of the year. The W2A-Thompson team also provided strategic counsel on regional issues,
including Sound Transit, behavioral health, homelessness, affordable housing, the opioid crisis, veteran’s affairs,
and economic development amongst others. We will continue to provide strategic advice, counsel, and outreach
as needed to help move the City’s objectives forward.
Some of the major advocacy issues and their impacts are listed below:
State Advocacy
Issue Impact
Public Records* Legislature passed HB 1595 which amends the PRA to allow cities to
charge a small fee for providing copies of electronic records, creates
the ability to deny overwhelming computer generated “bot” requests,
prohibits overly-broad requests for all records, and creates a way to
apply a service charge to exceptionally complex requests.
Fire Insurance Premium Tax veto $75,000
Streamlined Sales Tax Mitigation* EHB 2163 phases out Streamlined Sales Tax (SST) mitigation for cities
and counties by October 1, 2019. Potential negative impact in millions
of tax dollars after 2019. Currently advocating for alternative funding
mitigation.
2017 Capital Budget Advocacy
Auburn Valley YMCA $763,000
Nexus Youth And Families* $500,000
Valley Cities Modular Home Project* $1.5M
White River Valley Museum* $497,308
Drinking Water State Revolving fund
loan
$1,353,400
*Auburn 2017 priority
Federal Advocacy
Community Development Block Grants
(CDBG)*
$500,000
Community Oriented Policing Services
(COPS) Hiring Grants
$750,000
Protection of Municipal Bonds* Results in large cost savings when funding infrastructure projects.
Local governments save an average of twenty five to thirty percent
on interest costs with tax-exempt municipal bonds as compared to
taxable bonds.
*Auburn 2017 priority
Page 45 of 122
CITY OF AUBURN AGREEMENT
FOR PROFESSIONAUCONSULTING SERVICES
THIS AGREEMENT made and entered into on this day of
2018, by and between the City of Auburn, a municipal
corporation of the State of Washington, hereinafter referred to as "City" and
Thompson Consulting Group, hereinafter referred to as the "Consultant."
WITNESSETH:
WHEREAS, the City is engaged in or readying itself to be engaged in
various municipal functions, tasks and projects; and,
WHEREAS, it is in the City's best interests to have available the services of
qualified consultants who will be able to assist the City on projects related to federal
appropriations; and,
WHEREAS, the City desires to retain the Consultant to provide such
services; and,
WHEREAS, the Consultant is qualified and able to provide such consulting
services in connection with the City's needs,and is willing and agreeable to provide
such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services.
The Consultant agrees to perform in a good and professional manner tasks
related to efforts involving the City of Auburn, State of Washington, in
addition to any other local, state, or federal entities as deemed necessary
by the City of Auburn, including:
a. Engaging in communication with appropriate representatives of various
agencies and entities who would be involved in such efforts, and
b. Providing legislative analysis and advocacy, and
c. Advising and consulting with the City regarding approaches and
strategies on how to promote opportunities advantageous to the City,
and
d. Engaging in such other related tasks as are assigned by the City.
Page 1 of 7
Page 46 of 122
2. Independent Contractor.
The Consultant shall perform the services as an independent contractor and
shall not be deemed, by virtue of this Agreement and the performance
thereof, to have entered into any partnership, joint venture, employment or
other relationship with the City.
3. Performance of.Additional Services Prior to Execution of an Addendum. The
parties hereby agree that situations may arise in which services other than
those described in Section 1 above are desired by the City and the time
period for the completion of such services makes the execution of
addendum impractical prior to the commencement of the Consultant's
performance of the requested services. The Consultant hereby agrees that
it shall perform such services upon the oral request of an authorized
representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith. The invoice
procedure for any such additional services shall be as described in Section
7 of this Agreement.
4. Consultant's Representations.
The Consultant hereby represents and warrants that he has all necessary
licenses and certifications to perform the services provided for herein, and
is qualified to perform such services.
5. City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the
services of the Consultant:
a. Designate in writing a person to act as the City's representative with
respect to the services. In advance of any such designation, the Mayor
of the City of Auburn shall serve in such designated capacity. The
City's designee shall have complete authority to transmit instructions,
receive information, interpret and define the City's policies and
decisions with respect to the services.
b. Examine and evaluate any and all studies, reports, memoranda, plans,
and other documents prepared by the Consultant in furtherance of the
scope of services hereof, and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6. Acceptable_Standards.
The Consultant shall be responsible to provide, in connection with the
services contemplated in this Agreement, work product and services of a
quality and professional standard acceptable to the City.
Page 2 of 7
Page 47 of 122
7. Compensation.
As compensation for the Consultant's performance of the services provided
for herein, the City shall pay the Consultant a monthly fee of Eleven
Thousand Dollars ($11,000.00) during the term hereof. The City shall also
pay the Consultant's reasonable travel expenses incurred in connection
with work done in furtherance of the scope of services hereof. The
Consultant shall submit to the City a monthly invoice or billing statement,
and the City shall process the invoice or statement in the next billing/claim
cycle following receipt of the invoice or statement, and shall remit payment
to the Consultant thereafter in the normal course.
8. Term of Agreement.
The Term of this Agreement shall commence on the date hereof or on the
1st day of January, 2018, and shall terminate on the 31st day of December,
2018, unless otherwise agreed to in writing by the parties.
9. Ownership and Use of Documents.
All documents, reports, memoranda, and any other materials created or
otherwise prepared by the Consultant as part of his performance of this
Agreement (the "Work Products") shall be owned by and become the
property of the City, and may be used by the City for any purpose beneficial
to the City.
10. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any
amounts found upon audit or otherwise to have been improperly invoiced,
and all records and books of accounts pertaining to any work performed
under this Agreement shall be subject to inspection and audit by the City for
a period of up to three (3) years from the final payment for work performed
under this Agreement.
11. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, the Consultant agrees that, notwithstanding such
dispute or conflict, the Consultant shall continue to make a good faith effort
to cooperate and continue work toward successful completion of assigned
duties and responsibilities.
12. Administration of Agreement.
This Agreement shall be administered by Kate Babbo, on behalf of the
Consultant, and by the Mayor of the City, or designee, on behalf of the City.
Any written notices required by the terms of this Agreement shall be served
on or mailed to the following addresses:
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Page 48 of 122
City of Auburn Consultant
Auburn City Hall Thompson Consulting Group
25 West Main Street P.O. Box 2192
Auburn, WA 98001-4998 Tacoma, WA 98401
253) 931-3000 253) 879-1250
Fax (253) 288-3132 Fax (253) 879-1251
mhursh@auburnwa.gov Kateb@thompsoncg.com
13. Notices.
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above, or if to a person not a
party to this Agreement, to the address designated by a party to this Agreement
in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his,
her or its new address, to any other party, all pursuant to the procedure set forth
in this section of the Agreement.
14. Insurance.
The Consultant shall be responsible for maintaining, during the term of this
Agreement and at its sole cost and expense, the types of insurance coverages and
in the amounts described below. The Consultant shall furnish evidence,
satisfactory to the City, of all such policies. During the term hereof, the Consultant
shall take out and maintain in full force and effect the following insurance policies:
a. Comprehensive public liability insurance, including automobile and property
damage, insuring the City and the Consultant against loss or liability for
damages for personal injury, death or property damage arising out of or in
connection with the performance by the Consultant of its obligations
hereunder, with minimum liability limits of $1,000,000.00 combined single
limit for personal injury, death or property damage in anyone occurrence.
b. Such workmen's compensation and other similar insurance as may be
required by law.
c. Professional liability insurance with minimum liability limits of$1,000,000.
15. Indemnification.
The Consultant shall indemnify and hold harmless the City and its officers, agents
and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, by any
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Page 49 of 122
reason of or arising out of the negligent act or omission of the Consultant, its
officers, agents, employees, or any of them relating to or arising out of the
performance of this Agreement. If a final judgment is rendered against the City, its
officers, agents, employees and/or any of them, or jointly against the City and the
Consultant and their respective officers, agents and employees, or any of them,
the Consultant shall satisfy the same to the extent that such judgment was due to
the Consultant's negligent acts or omissions.
16. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to
cause any such liability or obligation to be reduced to a secondary liability or
obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of the
other party shall not effect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if
the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written
notice to the Consultant if the services provided for herein are no longer needed
from the Consultant.
If this Agreement is terminated through no fault of the Consultant, the Consultant
shall be compensated for services performed prior to termination in accordance
with the rate of compensation provided herein.
19. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind,the parties hereto and their respective successors
and assigns, provided that this section shall not be deemed to permit
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Page 50 of 122
any transfer or assignment otherwise prohibited by this Agreement. This
Agreement is for the exclusive benefit of the parties hereto and it does not create
a contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties.
20. Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial
completion by the Consultant of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections
to which they apply. As used herein, where appropriate, the singular shall include
the plural and vice versa and masculine, feminine and neuter expressions shall be
interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision
hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
24. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other
party.
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Page 51 of 122
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CITY OF AUBURN Thompson Consulting Group
By: Nancy Backus, Mayor By: Kate Babbo, Consultant
Attest:
Danielle E. Daskam City Clerk
Approved as to form:
P
R'niel B. He's, City •ttorne,
Page 7 of 7
Page 52 of 122
CITY OF AUBURN AGREEMENT
FOR PROFESSIONAL/CONSULTING SERVICES
THIS AGREEMENT made and entered into on this day of
2018, by and between the City of Auburn, a municipal
corporation of the State of Washington, hereinafter referred to as "City' and
Washington2 Advocates, LLC, hereinafter referred to as the "Consultant."
WITNESSETH:
WHEREAS, the City is engaged in or readying itself to be engaged in
various municipal functions, tasks and projects; and,
WHEREAS, it is in the City's best interests to have available the services of
qualified consultants who will be able to assist the City on projects related to federal
appropriations; and,
WHEREAS, the City desires to retain the Consultant to provide such
services; and,
WHEREAS, the Consultant is qualified and able to provide such consulting
services in connection with the City's needs, and is willing and agreeable to provide
such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services.
The Consultant agrees to perform in a good and professional manner tasks
related to projects involving the City of Auburn also involving federal
funding, including:
a. Engaging in communication with appropriate representatives of various
agencies and entities who would be involved in such projects, and
b. Advising and consulting with the City regarding approaches and
strategies on how to promote projects advantageous to the City, and
c. Engaging in such other related tasks as are assigned by the City.
2. Independent Contractor.
The Consultant shall perform the services as an independent contractor and
shall not be deemed, by virtue of this Agreement and the performance
thereof, to have entered into any partnership, joint venture, employment or
other relationship with the City.
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Page 53 of 122
3. Performance of Additional Services Prior to Execution of an Addendum. The
parties hereby agree that situations may arise in which services other than
those described in Section 1 above are desired by the City and the time
period for the completion of such services makes the execution of
addendum impractical prior to the commencement of the Consultant's
performance of the requested services. The Consultant hereby agrees that
it shall perform such services upon the oral request of an authorized
representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith. The invoice
procedure for any such additional services shall be as described in Section
7 of this Agreement.
4. Consultant's Representations.
The Consultant hereby represents and warrants that he has all necessary
licenses and certifications to perform the services provided for herein, and
is qualified to perform such services.
5. City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the
services of the Consultant:
a. Designate in writing a person to act as the City's representative with
respect to the services. In advance of any such designation, the Mayor
of the City of Auburn shall serve in such designated capacity. The
City's designee shall have complete authority to transmit instructions,
receive information, interpret and define the City's policies and
decisions with respect to the services.
b. Examine and evaluate any and all studies, reports, memoranda, plans,
and other documents prepared by the Consultant in furtherance of the
scope of services hereof, and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6. Acceptable Standards.
The Consultant shall be responsible to provide, in connection with the
services contemplated in this Agreement, work product and services of a
quality and professional standard acceptable to the City.
7. Compensation.
As compensation for the Consultant's performance of the services provided
for herein, the City shall pay the Consultant a monthly fee of Eleven
Thousand Dollars ($11,000.00) during the term hereof. The City shall also
pay the Consultant's reasonable travel expenses incurred in connection
with work done in furtherance of the scope of services hereof. The
Consultant shall submit to the City a monthly invoice or billing statement,
and the City shall process the invoice or statement in the next
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Page 54 of 122
billing/claim cycle following receipt of the invoice or statement, and shall
remit payment to the Consultant thereafter in the normal course.
8. Term of Agreement.
The Term of this Agreement shall commence on the date hereof or on the
1st day of January, 2018, and shall terminate on the 31st day of December,
2018, unless otherwise agreed to in writing by the parties.
9. Ownership and Use of Documents.
All documents, reports, memoranda, and any other materials created or
otherwise prepared by the Consultant as part of his performance of this
Agreement (the 'Work Products") shall be owned by and become the
property of the City, and may be used by the City for any purpose beneficial
to the City.
10. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any
amounts found upon audit or otherwise to have been improperly invoiced,
and all records and books of accounts pertaining to any work performed
under this Agreement shall be subject to inspection and audit by the City for
a period of up to three (3) years from the final payment for work performed
under this Agreement.
11. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, the Consultant agrees that, notwithstanding such
dispute or conflict, the Consultant shall continue to make a good faith effort
to cooperate and continue work toward successful completion of assigned
duties and responsibilities.
12. Administration of Agreement.
This Agreement shall be administered by Nina Collier, on behalf of the
Consultant, and by the Mayor of the City, or designee, on behalf of the City.
Any written notices required by the terms of this Agreement shall be served
on or mailed to the following addresses:
City of Auburn. Consultant
Auburn City Hall Washington2 Advocates, LLC
25 West Main Street P. O. Box 1462.
Auburn, WA 98001-4998 Bellevue, WA 98004
253) 931-3000, 425) 467-6900,
Fax (253) 288-3132 Fax (425) 467-1037
mhursh@auburnwa.gov nina.collier@Washington2advocates.com
Page 3 of 7
Page 55 of 122
13. Notices.
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above, or if to a person not a
party to this Agreement, to the address designated by a party to this Agreement
in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his,
her or its new address, to any other party, all pursuant to the procedure set forth
in this section of the Agreement.
14. Insurance.
The Consultant shall be responsible for maintaining, during the term of this
Agreement and at its sole cost and expense, the types of insurance coverages and
in the amounts described below. The Consultant shall furnish evidence,
satisfactory to the City, of all such policies. During the term hereof, the Consultant
shall take out and maintain in full force and effect the following insurance policies:
a. Comprehensive public liability insurance, including automobile and property
damage, insuring the City and the Consultant against loss or liability for
damages for personal injury, death or property damage arising out of or in
connection with the performance by the Consultant of its obligations
hereunder, with minimum liability limits of $1,000,000.00 combined single
limit for personal injury, death or property damage in anyone occurrence.
b. Such workmen's compensation and other similar insurance as may be
required by law.
c. Professional liability insurance with minimum liability limits of$1,000,000.
15. Indemnification.
The Consultant shall indemnify and hold harmless the City and its officers, agents
and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, by any reason of or
arising out of the negligent act or omission of the Consultant, its officers, agents,
employees, or any of them relating to or arising out of the performance of this
Agreement. If a final judgment is rendered against the City, its officers, agents,
employees and/or any of them, or jointly against the City and the Consultant and
their respective officers, agents and employees, or any of them, the Consultant
shall satisfy the same to the extent that such judgment was due to the Consultant's
negligent acts or omissions.
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Page 56 of 122
16. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to
cause any such liability or obligation to be reduced to a secondary liability or
obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of the
other party shall not effect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
18. Termination and__Suspension.
Either party may terminate this Agreement upon written notice to the other party if
the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written
notice to the Consultant if the services provided for herein are no longer needed
from the Consultant.
If this Agreement is terminated through no fault of the Consultant, the Consultant
shall be compensated for services performed prior to termination in accordance
with the rate of compensation provided herein.
19. Parties in.Interest.
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind,the parties hereto and their respective successors
and assigns, provided that this section shall not be deemed to permit any transfer
or assignment otherwise prohibited by this Agreement. This Agreement is for the
exclusive benefit of the parties hereto and it does not create a contractual
relationship with or exist for the benefit of any third party, including contractors,
sub-contractors and their sureties.
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Page 57 of 122
20. Cos ts_to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial
completion by the Consultant of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections
to which they apply. As used herein, where appropriate, the singular shall include
the plural and vice versa and masculine, feminine and neuter expressions shall be
interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision
hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
24. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other
party.
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Page 58 of 122
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CITY OF AUBURN WASHINGTON2 ADVOCATES, LLC
By: Nancy Backus, Mayor By: Nina Collier, Partner
Attest:
Danielle E. Daskam City Clerk
Approved as to form:
410
Daniel B. Heid, ity At rney
Page 7 of 7
Page 59 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1507 (Gaub)
Date:
February 12, 2018
Department:
CD & PW
Attachments:
CP1507 Final Payment
CP1507 Budget Status Sheet
Vicinity Map
Budget Impact:
Administrativ e Recommendation:
City Council approve Final Pay Estimate No. 7 to Contract No. 17-02 in the amount of
$48,445.92 and accept construction of Project No. CP1507, Auburn Way North Preservation.
Background Summary:
The Auburn Way North Preservation Project (22nd Street NE to 45th Street NE) included
grinding and overlaying the asphalt pavement, replacement of curb/gutter and concrete
flatwork, construction of storm drain pipe and structures, removal and replacement of fire
hydrant assemblies, installation of a new traffic signal at 37th Street NE, modifications to
existing traffic and pedestrian signals, channelization, installation of induction loops, traffic
control, right-of-way restoration, and signage.
A project budget contingency of $6,237.00 remains in the 462 Storm Fund.
A project budget contingency of $3,505.00 remains in the 460 Water Fund.
A project budget contingency of $4,575.00 remains in the 461 Sewer Fund.
A project budget contingency of $112,638.00 remains in the 105 Traffic Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:February 20, 2018 Item Number:CA.E
Page 60 of 122
f0,-----)t..„,„0.„,/,
A
Construction Contract Final Payment
No. 17-02/#7
r: 0aTHAN.YOU ImAGINtO
Project Name: Auburn Way North Grind And Overlay Project Number: CP1507'
Project
Date: 1/19/18 Contract#17-02
Status: Approved
To Contractor:. Pay Period: 12.21.2017 01.20.2018
Tucci &Sons, Inc. Retainage Option: Federal No Retainage
Cost Summary
Original Contract Value(A): 1,589,151.16
Contract Change Orders(B): 137,460.20
Liquidated Damages: 2,952.47)
Current Contract Value(A+B): 1,723,658.89
Amount Earned to Date(C): 1,669,806.82
Amount Previously Invoiced Including.Retainage(D): 1,621,360.89
Amount Earned this Period Including Retainage(C-D): 48,445.92
Previous Retainage Amount Held (E):0.00
Current Period Retainage Amount(F): 0.00
Total Retainage Held (E+F): 0.00
Progress Payment Amount Less Retainage(C-D-F)48,445.92
Total Contract Amount Spent Percentage 96.84%
By signing below,the Contractor agrees and affirms to the following:"I have reviewed and approved this final pay
estimate. I agree that it is a true and correct statement showing all monies due me from the City of Auburn under this
contract;that I have carefully examined the final pay estimate and understand it and that I hereby release the City of
Auburn from any and all claims of whatsoever nature which I may have, arising out of this contract,which are not set
forth in this estimate."
Contractor: Inspector: Project Manager: City Engineer:
By: (/, . t.'^By:44- ;C,,. C/e;t5 BY: ! eOrri—rh Onesi .)) BY: _..
Signed: i- - --^"-' Si+riature• s Si.nat /ff/ Signature:
grf
Date: Z//Lr/ 9 Date: , 73 2:0/ Ti Date: " /./ //t4 Date:
1 of 6
i
Page 61 of 122
City Of Auburn 17-02
CP1507 Auburn Way North Grind And Overlay Project
17-02/#7
ITEM
CONTRACT THIS PERIOD VALUE OF TOTAL
NO. SCHEDULE ITEM DESCRIPTION UNITS MATERIALS EST.
UNIT COST QUANTITY QUANTITY COST STORED TOTAL TOTAL QTY.
QUANTITY COST
001 A Record Drawing(Minimum bid LS $1,500.00 1.00 0.0000 0.00 0.00 1.0000 $1,500.00 100
1,500.00)
002 A SPCC Plan LS ' $:250.00 1.00 0:0000 0.00 0.00 1.0000 $250.00 100
003 A Utility Potholing EA $150.00 18.00 0:0000 $ 0.00 0.00 1.0000 $150.00 5.56
004 A Mobilization LS $80,000.00 1.00 0.0000 0.00 0.00 1.0000 $80,000.00 100
005 A Construction Site Signs) EA $300.00 2.00 0.0000 0.00 0.00 2.0000 $600.00 100
006 A Traffic Control Supervisor LS $65,800.00 1.00 0.0000 $ 0.00 0.00 1.0000 $65,800.00 100
007 A Traffic Control Labor-Flagging HR 51.25 3,325.00 0.0000 0.00 0.00 3231.5000 $165;614.39 97.19
Min.Bid$38.00 per hour)
008 A Construction:Signs Class A SF 20.00 100.00 0.0000 $ 0.00 0.00 0.0000 0.00 0
009 A , Sequential Arrow Sign Day $ 27.00 75.00 0.0000 $ 0.00 0.00 100.0000 $2,700.00 133.33
010 A Portable Changeable:Message Day $ 89.00 105:00 0.0000 0.00 0.00 110.0000 $9,790.00 104.76
Sign
011 A Outside Agency Uniformed Police EST $ 1.00 29,500.00 0.0000 0.00 0.00 42246.7199 $42;246.72 143.21
Flagging Labor
012 A Clearing and Grubbing LS $2,800:00 1:00 0.0000 0.00 0.00 1.0000 $2,800.00 100
013 A Roadside Cleanup LS $3,100.00 1.00 0.0000 $ 0.00 0.00 1.0000 $3,100.00 100
014 A Removal of Structures and LS $16,600.00 1.00 0.0000 0.00 0.00 1.0000 $16,600.00 100
Obstructions
015 A • Removal of'Concrete•or Asphalt SY $116:00 20.00 0.0000 0.00 0.00 79.7000 $9;245.20 398.50
Pavement
016 A Removal of Cement Concrete Flat SY 20.50 792.00 0.0000 0.00 0.00 755.3956 $15,485.61 95.38
Work
017 A Removal of Industrial or SY 19.50 238.00 0.0000 0.00 0.00 215.6000 $4,204.20 90.59
Commercial Driveway
018 A Removal of Curb and Gutter LF 8.70 1,605.00 0.0000 0.00 0.00 1434.5000 $12,480.15 89.38
019 A Remove Raised Pavement LS 550.00 1.00 0.0000 0.00 0.00 1.0000 $550.00 100
Markings
020 A Shoring and Extra Excavation SF 0.50 200.00 • 0.0000 0.00 0.00 0.0000 0.00 0
Class B
021 A Crushed Surfacing Top Course TON $ 91.00. 85.00 0.0000 0.00 0.00 130:7900 $11,901.89 153.87
022 A Crushed Surfacing Base Course TON $ 91.00 18.00 0.0000. $ 0.00 0.00 14.4800 $1,317.68 80.44
023 A HMA Cl.1/2-inch PG 64-22 TON $ 68.30 6,214.00 0.0000 $ 0.00 0.00 57393200 $392,022.88 92.37
Class B)
024 A HMA Cl.1-inch PG 64-22(Class TON $125:00 30.00 0.0000 0.00 0.00 0.0000 0.00 0
E)
025 A Asphalt Cold Patch TON $187:00 30.00 0.0000 0.00 0.00 43:8200 $8;194.34 146.07
026 A Commercial HMA TON $156.00 20.00 0.0000 0.00 0.00 0.0000 0.00 0
Period Dates
Begin: 12.21.2017
End: 01.20.2018
2 of 6
Page 62 of 122
City Of.Auburn 17-02
CP1507 Auburn Way North Grind And Overlay Project
17-02/#7
ITEM
CONTRACT THIS PERIOD VALUE OF TOTAL
o
SCHEDULE ITEM DESCRIPTION UNITSNO.
7°ESLMATERIALS
UNIT COST QUANTITY QUANTITY COST STORED TOTAL TOTAL QTY.
QUANTITY COST
027 A Planing Bituminous Pavement SY 3.30 50,294.00 0.0000 0.00 0:00 49442.0000 $163,158.60 98.31
028 A Reinforced Concrete Storm Sewer LF 100.00 12.00 0.0000 0.00 0:00 5.0000 $500.00 41.67
Pipe,Cl.IV 12 inch Diam.
029 A Storm Sewer Television LF 20.00 12.00 0.0000 0.00 0.00 0.0000 0.00 0
Inspection
030 A Catch Basin Type 1 EA $2,200.00 3.00 0.0000 0.00 0.00 3.0000 $6,600.00 100
031 A Catch Basin Type 2,48-inch EA $5,000.00 1.00 0.0000 0.00 0.00 0.0000 0.00 0
Diam.
032 A Adjust Manhole EA $655.00 9.00 0.0000 0.00 0.00 0.0000 0.00 0
033 A Adjust Catch.Basin EA $150.00 31.00 0.0000 0.00 0.00 0.0000 0.00 0
034 A Pipe Foundation Material TON $ 52.00 2.00 0.0000 0.00 0.00 0.0000 0.00 0
035 A Select Pipe Trench Backfill TON $ 42.00 10.00 0.0000 0.00 0.00 15.2400 $640.08 152.40
036 A Adjust Existing Valve Box EA $:530.00 56.00 0:0000 0.00'0.00 66.0000 $34,980.00 117.86
037 A Temporary Water EST $ 1.00 5,000:00 0:0000 0.00 0.00 0.0000 0.00 0
Pollution/Erosion Control
038 A TESC Plan LS 250.00 1.00 0.0000 0.00 0.00 1.0000 $250.00' 100
039 A Inlet Protection EA 65.00 72.00 0:0000 0.00 0.00 64.0000 $4,160.00 88.89
040 A Miscellaneous Roadside EST $ 1.00 7,000:00 13454.1900 $13;454:19 $ 0.00 38089.4100 $38,089.41 544.13
Restoration
041 A Cement Concrete Traffic Curb LF 29.00 1,581.00 0!0000 $ 0.00 0.00 1504.5000 $43,630.50 95.16
and Gutter
042 A Raised Pavement Marker Type 2 EA 3.75 792.00 0:0000 0.00 0.00 466.0000 $1,747.50 58.84
043 A Cement Concrete Sidewalk SY _ $ 86.35 387.00 0.0000 0.00 0.00 428.0678 $36;963.66 110.61
044 A Cement Concrete Curb Ramp EA $1,795:00 23.00 0.0000 0.00 0.00 23.0000 $41,285.00 100
Type Parallel A
045 A Cement Concrete Curb Ramp EA $1,795:00 3.00 0:0000 $ 0.00 0.00 3.0000 $5,385.00 100
Type Perpendicular A
046 A _ Detectable Warning Surface SF 60.00 20.00 0:0000 $ 0.00 0.00 20.0000 $1,200.00 100
047 A Induction Loop Vehicle Detector EA $700:00 104:00 0:0000 0.00 0.00 104.0000 $72;800.00 100
048 A Pedestrian PBB System, LS $10,000.00 1.00 0:0000 0.00 0.00 1.0000 $10,000.00 100
Complete(37th St NE)
049 A Permanent Sign LS 500.00 1.00 0.0000 0.00 0.00 1.0000 $500.00 100
050 A Relocate Permanent Traffic Sign EA $250:00 2:00 0.0000 0.00 0.00 0.0000 0.00 0
and Post
051 A Paint Line LF 0.30 23,791.00 0.0000 0.00 0.00 25315.0000 $7,594.50 106.41
052 A Wide Paint Line LF 0.35 982.00 0.0000 $ 0.00 0.00 990.0000 $346.50 100.81
053 A Plastic Crosswalk Stripeand Stop IF 6.75 1,790.00 0.0000 0.00 0.00 1463.9000 $9,881.33 81.78
Bar(24 inch wide)
Period Dates
Begin: 12.21.2017
End: 01.20.2018
3 of 6
Page 63 of 122
City Of Auburn 17-02
CP1507 Auburn Way North Grind And Overlay Project
17-021#7
ITEM
CONTRACT THIS PERIOD VALUE OF TOTAL
NO: SCHEDULE ITEM DESCRIPTION UNITS MATERIALST'
UNIT COST QUANTITY QUANTITY COST STORED TOTAL TOTAL QTY.
QUANTITY COST
054 A Plastic Traffic Arrow EA 50.00 49.00 0.0000 0.00 0.00 57.0000 $2,850.00 116.33
055 A Temporary Pavement Markings LF 0.43 67,528.00 0:0000 0-00 0.00 65127.0000 $28,004.61 96.44
056 B One Year Warranty Bond(Not LS 250.00 1.00 0:0000 0.00 0.00 1.0000 $250.00 100
FHWA eligible)
057 B Utility Potholing EA $150.00 ZOO 0.0000 0.00 0.00 0.0000 0.00 0
058 B Mobilization LS 500.00 1.00 0:0000 0.00 0.00 1.0000 $500.00 100
059 B Trafic Control Supervisor LS $8;300:00 1.00 0.0000 0.00 0.00 1.0000 $8,300.00 100
060 B Traffic Control Labor-Flagging HR 51.25 52.00 0.0000 0.00 0.00 0.0000 0.00 0
Min.Bid$38:00 per hour)
061 B Traffic Signal and Illumination LS $88,000.00 1:00 0.0000 $ 0.00 0.00 1.0000 $88,000.00 100
System,Complete(37th Street
NE)
062 B Traffic Signal System,Complete LS $60,000.00 1.00 0:2500 $15,000:00 $ 0.00 1.0000 $60,000.00 100
22nd Street NE)
063 B Pedestrian Crossing Signal LS $6,500.00 1.00
i
1:0000 $6;500.00 $ 0.00 1.0000 $6,500.00 100
System,Complete(Ped Crossing)
064 C Mobilization LS 500:00 1.00 0:0000 0.00 0.00 1.0000 $500.00 100
065 _ C Trafic Control Supervisor LS $5,400.00 1.00 0:0000 0.00 0.00 1.0000 $5,400.00 100
066 C Traffic Control Labor-Flagging HR 51.25 95.00 0.0000 0.00 0.00 0.0000 0.00 0
Min.Bid$38:00 per hour)
067 C Manhole Ring and Solid Cover EA $905.00 29.00 0.0000 0.00 0.00 _ 31.0000 $28,055:00 106.90
068 C Catch Basin Frame and Grate EA $'350.00 31.00 0.0000 0.00 0.00 0.0000 0.00 0
069 D Utility Potholing EA $150.00 2.00 0.0000 0.00 0.00 3.0000 $450.00 150.0
070 D Mobilization LS 500.00 1.00 0.0000 0.00 0.00 1.0000 $500.00 100
071 D Trafic Control Supervisor LS $2,250:00 1.00 0.0000 0.00 0.00 1.0000 $2,250:00 100
072 D Traffic Control Labor-Flagging HR 51.25 32.00 0.0000 0.00 0.00 32.0000 $1,640.00 100
Min.Bid$38:00 per hour)
073 D Clearing and Grubbing LS 25.00 1.00 0.0000 0.00 0.00 1.0000 25.00 100
074 D Removal of Structures:and LS 100:00 1.00 0.0000 0.00 0.00 1.0000 $100.00 100
Obstructions
075 D Removal of Concrete or Asphalt SY $116:00 10.00 0.0000 0.00 0.00 0.0000 0.00 0
Pavement
076 D Shoring and.Extra Excavation SF 0.50 360.00 0.0000 0.00 0.00 0.0000 0.00 0
Class B
077 D Pipe Foundation Material TON $ 52.00 8.00 0.0000 0.00 0.00 0.0000 0.00 0
078 D Select Pipe Trench Backfill. TON $ 42.00 32.00 0.0000 0.00 0.00 89.8600 $3,774.12 280.81
079 D Hydrant Assembly EA $9,940:00 2.00 1.0000 $9,940:00 $ 0.00 2.0000 $19,880.00 100
080 D Temporary Water EST $ 1.00 500.00 0.0000 0.00 0.00 0.0000 0.00 0
Period Dates
Begin: 12.21.2017
End: 01.20.2018
4 of 6
Page 64 of 122
City Of Auburn 17-02
CP1507 Auburn Way North Grind And Overlay Project
17-02/#7
ITEM
CONTRACT THIS PERIOD VALUE OF TOTAL
o
NO. SCHEDULE ITEM DESCRIPTION UNITS o EST.Mi4TERIACS
UNIT COST QUANTITY QUANTITY 1 COST STORED TOTAL TOTAL QTY.
QUANTITY COST
Pollution/Erosion Control
081 E Utility Potholing. EA $150.00 2.00 0.0000 0.00 0.00 3.0000 $450.00 150.0
082 E Mobilization LS $2,800:00 1.00 0.0000 0.00 0.00 1.0000 $2,800:00 100
083 E Trafic Control Supervisor LS $7,200:00 1.00 0.0000 0.00 0.00 1.0000 $7,200:00 100
084 E Traffic Control Labor-Flagging HR, $ 51.25 115.00 0.0000 0:00 0.00 115:0000 $5,893:75 100
Min.Bid$38.00 per hour)
085 E Sequential Arrow Sign, DAY $ 27.00 5.00 0.0000 0.00 0.00 0.0000 0.00 0
086 E Portable Changeable Message DAY $ 89.00 5.00 0.0000 0:00 0.00 0.0000 0.00 0
Sign
087 E Removal of Concrete or Asphalt SY $116.00 40.00 0.0000 0.00 0.00 0.0000 0.00 0
Pavement
088 E Removal of Cement Concrete Flat SY 20.50 30.00 0.0000 0.00 0.00 0.0000 0.00 0
Work
089 E Remove Cement Concrete Curb LF 8.70 44.00 0.0000 0.00 0.00 0.0000 0.00 0
090. E Shoring and Extra Excavation SF 0.50 , 760.00 0.0000 0.00 0.00 0.0000 0.00 0
Class B
091 E HMA Cl.1-inch PG 64-22(Class TON $125:00 15.00 0.0000 0:00 0.00 0.0000 ' $ 0.00 0
E)
092 E Ductilie Iron Storm Pipe,Special LF 65.50 94:00 0.0000 0:00 0.00 76.3000 $4,997:65 81.17
Class 52,12
093 E Storm Sewer Television LF 20.00 94:00 0.0000 0.00 0.00 0:0000 0.00 0
Inspection
094 E Catch Basin Type 1 EA $2,050.00 2.00 0.0000 0.00 0.00 2.0000 $4,100.00 100
095 E Manhole Ring and:Solid Cover EA $905.00 5.00 0.0000 0.00 0.00 10:0000 $9,050.00 200
096 E Catch Basin Frame and Grate EA $350.00 34:00 0.0000 0.00 0.00 0:0000 0:00 0
097 E Connect to Existing.Catch Basin EA $100:00 1.00 0.0000 0.00 0.00 2.0000 $200.00 200
098 E Pipe Foundation Material TON $ 52.00 16.00 0.0000 000 0.00 0:0000 0:00 0
099 E Select Pipe Trench Backfill TON $ 42.00 55.00 0.0000 0:00 0.00 106.2800 $4,463.76 193.24
100 E Temporary'Water EST $ 1.00 750.00 0.0000 0,00 0.00 0.0000 0:00 0
Pollution/Erosion Control
101 E Cement Concrete Traffic Curb LF 29.00 44:00 0.0000 0.00 0.00 0.0000 0:00 0
and Gutter
102 E , Cement Concrete Sidewalk SY 86.35 30:00 0.0000 0.00 0.00 28.7111 $2,479.20 95.70
5001 ' A Schedule A Sales Tax LS 0.00 1.00 0.0000 0.00 0.00 0.0000 0.00 0
5002 B Schedule B Sales Tax LS 0.00 1.00 0.0000 0.00 0.00 0.0000 0.00 0
5003 C Schedule C Sales Tax LS $4,786.38 1.00 0.0000 0.00 0.00 0.0000 $3,395.50 70.94
5004 D Schedule D Sales Tax LS $2,829.50 1.00 0.0000 $994.00 $ 0.00 0.0000 $2,861.91 101.15
5005 E Schedule E'Sales Tax LS $6,108.71 1.00 0.0000 0:00 0.00 0:0000 $4,163:44 68.16
Period Dates
Begin: 12.21.2017
End: 01.20.2018
5of6
Page 65 of 122
City Of Auburn 17-02
CP1507 Auburn Way North Grind And Overlay Project
17-02/#7
ITEM
CONTRACT THIS PERIOD VALUE OF TOTAL
NO. SCHEDULE ITEM DESCRIPTION UNITS MATERIALS EST.
UNIT COST QUANTITY QUANTITY COST STORED TOTAL TOTAL QTY.
QUANTITY COST
A ROW LEFT INTENTIONALLY
BLANK
B ROW LEFT INTENTIONALLY
BLANK
C ROW LEFT INTENTIONALLY
BLANK
C01-1 A 37th Street NE Reconstruction Est. $31,950.00 1.00 0.0000 0.00 0.00 1.0000 $31;950.00 100
CO3-1 A 37th Street New Conductor Wire LS $5,510.20 1.00 1.0000 $5,51020 $ 0.00 1.0000 $5,510.20 100
D ROW LEFT INTENTIONALLY
BLANK
E ROW LEFT INTENTIONALLY
BLANK
Liquid B Liquidated Damages LS $2,952.47 1.00 1.0000 -$2;952.47 $ 0.00 1.0000 -$2,952.47 100
ated
Dama
ges
Period Dates
Begin: 12.212017
End: 01.20.2018
6 of 6
Page 66 of 122
City Of Auburn 17-02
CP1507 Auburn.Way North Grind And Overlay Project
17-021#7
Final Payment Fund Split Summary - INTERNAL USE ONLY
Total Completed
Fund
Amount previouslyAndStoredTo Current Due Current Payment Retainage HeldInvoicedDate
W/Retainage)WI Retainage) Due as Certified This Period
w/Retainage)
WA 31481.0320 2054703 10,934.00 10,934.00 , 000
SE 37350.5000 37,350.50 0.00 0.00 0.00
SD 45797.7960 45,797 80 0 00 0.00 0 00
SP 1555177 4807 1,517,665 56 3751192 3751192 0.00
TOTAL 1,669,806.81 1,621,360.89 48,445.92 48,445.92 0.00
Retainage Option: Federal-No Retainage
94---y66 vti•is L-I ta 12-
Page 67 of 122
Project No: CP1507 Project Title:
Project Manager: Kevin Thompson
Date: Feb. 12, 2018
Initiation Date: __2/25/15_______ Permision to Advertise
Advertisement Date: __2/7/17______ Contract Award
Award Date: __3/20/17_________ Change Order 3
Contract Final Acceptance
Funding Prior Years 2017 2018 Total
105 Fund - Unrestricted 149,001 908,427 15,022 1,072,450
105 Fund - Federal Grant 80,117 849,383 38,000 967,500
461 Fund - Sewer 3,105 60,821 0 60,000
462 Fund - Storm 14,873 73,127 0 88,000
460 Fund - Water 0 25,021 10,934 35,955
Total 247,096 1,916,779 63,956 2,223,905
Activity Prior Years 2017 2018 Total
Design Engineering - City Costs 247,313 0 247,313
Construction Contract 1,589,151 1,589,151
Change Order No. 1 31,950 0 31,950
**Change Order No. 2 100,000 0 100,000
Change Order No. 3 0 5,510 5,510
Contractor Liquidated Damages 0 (2,952)(2,952)
Line item Changes 0 (53,852)(53,852)
Construction Engineering - City Costs 116,276 10,000 126,276
Construction Engineering - Materials Testing 9,332 0 9,332
Construction Engineering - WSDOT 161 0 161
Total 247,313 1,846,870 17,152 2,055,841
** Change Order No. 2 approved by Council on December 18, 2017
Prior Years 2017 2018 Total
*105 Funds Budgeted ( )(229,118)(1,757,810)(53,022)(2,039,950)
105 Funds Needed 229,118 1,645,172 53,022 1,927,312
*105 Fund Project Contingency ( )0 (112,638)0 (112,638)
105 Funds Required 0 0 0 0
Prior Years 2017 2018 Total
*461 Funds Budgeted ( )(3,105)(60,821)0 (63,926)
461 Funds Needed 3,105 56,246 0 59,351
*461 Fund Project Contingency ( )0 (4,575)0 (4,575)
461 Funds Required 0 0 0 0
Prior Years 2017 2018 Total
*462 Funds Budgeted ( )(14,873)(73,127)0 (88,000)
462 Funds Needed 14,873 66,890 0 81,763
*462 Fund Project Contingency ( )0 (6,237)0 (6,237)
462 Funds Required 0 0 0 0
Prior Years 2017 2018 Total
*460 Funds Budgeted ( )0 (25,021)(10,934)(35,955)
460 Funds Needed 0 21,516 10,934 32,450
*460 Fund Project Contingency ( )0 (3,505)0 (3,505)
460 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
461 Sewer Budget Status
462 Storm Budget Status
460 Water Budget Status
105 Arterial Street Budget Status
BUDGET STATUS SHEET
Auburn Way North Preservation Project
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1507-AWN Preservation Project\4.00 City Council-Committee\Final PE\CP1507 BudgetStatusSheet Final Pay.xls 1 of 1Page 68 of 122
Auburn Way North Preservation
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/6/2014
Auburn Way North
Preservation Project
Page 69 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1605 (Faber)
Date:
February 14, 2018
Department:
Parks/Art and Recreation
Attachments:
Budget Status Sheet
map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
The Les Gove Park Crescent Project will include removal of existing pavement (Deals Way),
installation of new concrete plaza, trails, landscaping, underground detention, lighting, and
other associated site improvements.
This work will be funded by the 321 (Municipal Parks Construction Fund). Construction of this
project is anticipated to start in late March 2018, and close out by May 2018.
Because the bid opening will be held on February 15, 2018. There will not adequate time for
staff to compile the bid tabulation. A revised agenda bill specifying the contractor and
contract amount will be distributed to the City Council at their meeting scheduled for February
20, 2018.
Updated information regarding the budget status will be presented with the revised agenda
bill.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:February 20, 2018 Item Number:CA.F
Page 70 of 122
C:\Users\scampbe\Desktop\for A\CP1605 Budgetstatusheet.xlsx 1 of 1
Project No: CP1605 Project Title:
Project Manager: Name
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ X Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019 Future Years Total
321 Fund - Unrestricted 255,560 100,000 0 0 355,560
Grant - Secured 176,346 0 0 0 176,346
328 Fund 79,636 0 0 0 79,636
Park Impact Fees 50,000 0 0 0 50,000
Total 561,542 100,000 0 0 661,542
Activity 2017 2018 2019 Future Years Total
Design Engineering - Consultant Costs 55,616 28,753 0 0 84,369
Permitting 0 4,221 0 0 4,221
Construction Estimate 0 460,000 0 0 460,000
Construction Contract Contingency (5%)0 23,000 0 0 23,000
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 8,791 0 0 8,791
Total 55,616 524,765 0 0 580,381
BUDGET STATUS SHEET
Project Name
Updated: February 14, 2018
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Page 71 of 122
Page 72 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6677 (Tate)
Date:
February 13, 2018
Department:
Community Development &
Public Works
Attachments:
Agenda Bill
Ordinance No. 6677
Exhibit 1 to Ordinance No. 6677
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6677
Background Summary:
Please see the attached Agenda Bill.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:February 20, 2018 Item Number:ORD.A
Page 73 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6677 - Zoning Code Text Amendments
to Chapter 18.02 (General Provisions), Chapter 18.35 (Special Purpose
Zones), and Map amendment to the Zoning Map to establish an Open
Space zoning district that will implement the “Open Space” land use
designation, as provided in the City of Auburn's Comprehensive Plan and
Comprehensive Land Use Map
Date: January 25, 2018
Department:
Community Development &
Public Works Dept.
Attachments:
Item 1 - Ordinance No. 6677
Item 2 - Ordinance No. 6677 – Exhibit
1 Area-Wide Rezone Map
Budget Impact:
(none)
Administrative Recommendation:
City Council to approve the Planning Commission’s Recommendation and adopt Ordinance No. 6677.
Summary:
By Ordinance No. 6584, the City of Auburn adopted a new Comprehensive Plan at the end of 2015 that
includes a new land use map designation of “Open Space”. Under the existing comprehensive plan
document structure, each Comprehensive Plan land use designation is implemented by at least one
zoning district (zone) that addresses the allowed uses and the zoning development standards. Currently,
there is no implementing Open Space zone in the Auburn City Code.
To establish an implementing Open Space zone, on December 6, 2016 staff presented the proposed
open space text amendments and zoning map amendment to the Planning Commission. The Planning
Commission held subsequent public meetings on January 4, 2017, March 7, 2017, and April 4, 2017.
During these public meetings, Planning Commissioners reviewed the proposed text and map
amendments, directed questions to staff, and requested additional information, particularly pertaining to
the effect on the proposed open space zoning district to private property owners.
On July 5, 2017, the Planning Commission held a public hearing regarding the creation of the Open
Space zone. During this public hearing, staff addressed comments received from the City of Auburn Parks
Department, City of Auburn Economic Development Department, and Nancy Bainbridge Rogers,
representing Mark Segale, a private property owner, and presented a revised staff recommendation. The
Planning Commission continued the public hearing to August 8, 2017, requesting that staff conduct
additional noticing to and/or coordination efforts with Andrew and Elena Cherny, private property owners,
and the Muckleshoot Indian Tribe (MIT). Following the July 5, 2017, staff conducted additional noticing
efforts as requested and coordinated review of the proposed zoning map amendment with the MIT.
At the August 8, 2017 continued public hearing, the Planning Commission deliberated and in making their
recommendation modified the staff recommendation that City of Auburn staff would continue to coordinate
with the MIT.
Background:
1. The purpose and effect of the proposed open space text amendments and zoning map
amendment were included in the Planning Commission’s review and subsequent
recommendation; of particular note are the following items:
• The Open Space zone is generally meant to apply to parcels that are largely undeveloped in
character and feature “natural” and “urban conservancy” shoreline areas, significant wildlife
habitats, large stormwater detention ponds or floodplain ponds, utility corridors with public
access, watersheds or areas with significant development restrictions.
• The majority of the parcels are owned by the City of Auburn (COA). The COA-owned parcels
generally feature either a critical area, such as a wetland or geologic hazard area, utility
infrastructure, or are within the shoreline jurisdiction and subject to the COA Shoreline Master
Page 74 of 122
Agenda Subject: Ordinance No. 6677
Date: January 25, 2018
Page 2 of 3
Program (SMP).
• The majority of the non-City owned parcels are governmentally owned or utility-owned parcels,
which are encumbered by utility infrastructure, such as a transmission line.
• The remaining non-City owned parcels, are privately owned and either:
o Contain a critical area, such as a wetland or geologic hazard area (regulated by Chapter
16.10 Auburn City Code (ACC));
o Feature a split-land use designation due to the shoreline of the White River and are
subject to the City of Auburn (COA) Shoreline Master Program (SMP)); or
o Were originally set aside as open space per previous plat requirement.
2. The adoption of Ordinance No. 6667 on December 18, 2017 (which adopted the 2017 annual
Comprehensive Plan annual amendments) changed the land use designation of numerous
parcels that were previously included in the “Open Space” and thus originally proposed for this
zoning map amendment (to make the Comprehensive Plan designation and zoning agree). The
parcels modified under Ordinance No. 6667, were originally incorrectly designated during the
2015 Comprehensive Plan mapping update. Throughout the open space zoning amendment,
staff recognized that there were some inconsistencies and refinements needed as a result of this
mapping process, and intended to make refinements during the subsequent annual
comprehensive plan amendment process. The annual comprehensive plan amendment process
is the avenue by which staff may make changes to the Comprehensive Plan Map. Thus, since the
parcels changed per Ordinance No. 6667 are no longer designated “Open Space”, they been
removed from this proposed open space zoning map am endment. Ordinance No. 6677 Exhibit 1
– Area-Wide Rezone Map has been updated to that effect.
3. Planning Commission’s recommendation recognizes that the proposed zoning code language and
zoning map amendment does not affect “Indian Lands” and is not intended to, usurp or exercise
land use control over such lands. The intent of the text and map amendment is to identify what
zoning or land-use provisions would apply to such lands were they not under Indian jurisdiction, or
were the land to change in ownership or jurisdictional character. This recognition is consistent
with the language contained in ACC 18.01.050 (adopted under Ordinance No. 6667) which
addresses how city zoning and land use regulations relate to Indian Lands.
4. The City Council discussed Ordinance No. 6677 and the proposed establishment of the “OS,
Open Space zoning district” and the text and map changes at their Study Session on February
12, 2018.
Request:
Schedule Ordinance No. 6677 for action by City Council at the regular Council meeting on February 20,
2018.
Attached to this agenda bill are the following:
• Item 1 - Ordinance No. 6677
• Item 2 - Ordinance No. 6677 Exhibit 1 – Area-Wide Rezone Map
Action:
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Reviewed by Departments & Divisions:
Building M&O
Cemetery Mayor
Finance Parks
Fire Planning
Legal Police
Public Works Human Resources
Page 75 of 122
Agenda Subject: Ordinance No. 6677
Date: January 25, 2018
Page 3 of 3
Information Services Surveying
Staff: Tate
Meeting Date: February 20, 2018
Page 76 of 122
ORDINANCE NO. 6 6 7 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 18.02.070,
18.35.020, 18.35.030, 18.35.040, OF THE AUBURN CITY CODE
AND THE CITY ZONING MAP, CREATING A NEW OPEN SPACE
ZONING DISTRICT
WHEREAS, by Ordinance No. 6584, on December 14, 2015 the City of Auburn
adopted a new Comprehensive Plan that establishes a new land use map designation of
Open Space" by map and text; and
WHEREAS, under the existing comprehensive plan document structure, each
Comprehensive Plan land use designation is implemented by at least one zoning district
zone) that addresses the allowed uses and the zoning development standards.
Currently, there is no implementing Open Space zoning district in the Auburn City Code;
and
WHEREAS, the purpose of this amendment to the City zoning code and zoning
map is to create a zoning district that implements the Open Space Land Use Designation
of the Comprehensive Plan Map; and
WHEREAS, pursuant to RCW 36.70A the proposed code language was
transmitted to the Washington State Department of Commerce on April 20, 2017. The
transmittal initiated the 60-day state agency review period. The 60-day state agency
comment period expired on June 19, 2017. The City did not receive any state agency
comments.
WHEREAS, the code amendment was subject to environmental review process
under the Washington State Environmental Policy Act (SEPA). A Determination of Non-
Ordinance No. 6677
January 26, 2018
Page 1
Page 77 of 122
Significance (DNS) was issued June 13, 2017 and the City observed a fifteen-day public
comment period; and
WHEREAS, the Planning Commission reviewed the code and map amendment
and duly deliberated the effect of the text and map amendment on public and private
property owners at its December 6, 2016, January 4, 2017, March 7, 2017, and April 4,
2017 Planning Commission meetings; and
WHEREAS, the City received three public comment letters in response to notice
of the public hearing, and one additional notice prior to the Planning Commission public
hearing; and
WHEREAS, the Planning Commission held a public hearing on the proposed
amendments at the July 5, 2017 Planning Commission meeting, and requested that staff
conduct additional noticing efforts to Andrew and Elena Cherny and coordination with the
Muckleshoot Indian Tribe (MIT); and
WHEREAS, at the continued public hearing on August 8, 2017, after the close the
public hearing the Planning Commission forwarded a recommendation for approval to the
City Council; and
WHEREAS, Ordinance No. 6667, pertaining to the 2017 annual Comprehensive
Plan amendments, modified the land use designation of numerous parcels that were
included in the proposed "open space zoning district map amendment. Thus, prompting
their removal from the proposed open space zoning map amendment; and
WHEREAS, per Auburn City Code Section 18.01.050, adopted under Ordinance
No. 6667 (on December 18, 2017) the City of Auburn recognizes and acknowledges that
Ordinance No. 6677
January 26, 2018
Page 2
Page 78 of 122
the Muckleshoot Indian Tribe has jurisdiction and land use control over "Indian Lands".
The designation of city zoning and land use regulations that might appear to affect any
Indian Lands does not, and is not intended to, usurp or exercise land use control over
such lands. Any such city regulations are intended to identify what zoning or land-use
provisions would apply to such lands were they not under Indian jurisdiction, or were the
land to change in ownership or jurisdictional character. Until those circumstances change
for such lands, the city regulations shall be for informational purposes only; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 18.02.070 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.02.070 Establishment of zones.
A. The city is divided into the following classes of zones:
1. RC, residential conservancy zone (one dwelling unit per four acres);
2. R-1, residential zone (one dwelling unit per acre);
3. R-5, residential zone (five dwelling units per acre);
4. R-7, residential zone (seven dwelling units per acre);
5. R-10, residential zone (10 dwelling units per acre);
6. R-16, residential zone (16 dwelling units per acre);
7. R-20, residential zone (20 dwelling units per acre);
8. RMHC, manufactured/mobile home community zone;
9. RO, residential office zone and RO-H, residential office-hospital zone;
10. C-N, neighborhood shopping zone;
11. C-1, light commercial zone;
12. C-2, central business zone;
13. C-3, heavy commercial zone;
14. M-1, light industrial zone;
15. M-2, heavy industrial zone;
16. BP, business park zone;
17. LF, airport landing field zone;
18. P-1, public use zone;
19. UNC, unclassified use zone;
Ordinance No. 6677
January 26, 2018
Page 3
Page 79 of 122
20. I, institutional use zone;
21. EP, environmental park zone;
22. DUC, downtown urban center zone;
23. OS, open space zone.
B. The zones set out in Subsection A of this Section are established as the
designations, locations, and boundaries thereof as set forth and indicated on the zoning
map.
C. The intent statement for each zone set forth in this title shall be used to
guide the application of the zones to all lands in the City of Auburn. The intent
statements shall guide interpretation and application of land use regulations within
the zones, and any change to the range of allowed uses within each zone through
amendment to this title. (Ord. 6245 § 2, 2009.)
Section 2. Amendment to City Code. That Section 18.35.020 of the Auburn
City Code is amended to read as follows:
18.35.020 Intent of special purpose zones.
A. General. This section describes the intent for each of the city's special purpose
zones. These intent statements may be used to guide the interpretation of the regulations
associated with each zone.
B. RO and RO-H Residential Office and Residential Office-Hospital Zone. The
RO and RO-H is intended primarily to accommodate small-scale business and
professional offices, medical and dental clinics, and banks and similar financial institutions
at locations where they are compatible with residential uses. Some retail and personal
services may be permitted if supplemental to the other uses allowed in the zone. This
zone is intended for those areas that are in transition from residential to commercial uses
along arterials or near the hospital. Conversion of residential uses to commercial uses is
geared towards encouraging adaptive re-use of existing single-family structures that
continue to appear in accord with the single-family residential character. The ROTH
designation is to be used exclusively for the hospital area, located in the vicinity of 2nd
Street NE and Auburn Avenue, and is intended to be used for medical and related uses
and those uses compatible with the medical community
C. P-1 Public Use Zone. The P-1 zone is intended to provide for the
appropriate location and development of public uses that serve the cultural, educational,
recreational, and public service needs of the community.
D. I Institutional Zone. The I zone is intended to provide an area wherein
educational, governmental, theological, recreational, cultural and other public and quasi-
public uses may be allowed to develop. It is further intended these areas be significant in
scope which will allow a combination of uses which may not be permitted outright within
other zones. This district is not intended to include those smaller or singular public
uses which are consistent with and permitted in other zones.
E. OS Open Space Zone. The OS zone is intended to provide for land uses
that tend to be managed_in a largely undeveloped character, including passive parks,
Ordinance No. 6677
January 26, 2018
Page 4
Page 80 of 122
watersheds, natural and urban conservancy shoreline areas, significant wildlife habitats,
large stormwater detention ponds or floodplain ponds, utility corridors with public access,
and areas with significant development restrictions. Park lands included in the Open
Space zone tends to be predominately passive in character and with relatively fewer
developed facilities than parks included in the Institutional zone. Private sites containing
critical areas or shorelines may be included. (Ord. 6434 § 1, 2012.)
Section 3. Amendment to_City Code. That Section 18.35.030 of the Auburn City
Code be and the same hereby is amended to read as follows:
18.35.030 Uses.
Table 18.35.030 Permitted,Administrative,Conditional and Prohibited Uses by Zone
P—Permitted
Permitted,Administrative,Conditional and Prohibited Uses by Zone C—Conditional
A—Administrative
X—Prohibited
Zoning Designations Standards for
LAND USE
Specific Land Uses
RO RO-H P-1 I OS
PUBLIC
I Animal shelter, public X X P X X
I Government facilities, this excludes A A P P C
offices and related uses that are
permitted outright
I Municipal parks and playgrounds P P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds X X X P P
parks, private
I Recreational vehicle parks, private X X X P X
I Cemetery, public X X P A X
I Cemetery, private X X X A X
Ordinance No. 6677
January 26, 2018
Page 5
Page 81 of 122
Table 18.35.030 Permitted,Administrative,Conditional and Prohibited Uses by Zone
P—Permitted
Permitted,Administrative,Conditional and Prohibited Uses by Zone C—Conditional
A—Administrative
X—Prohibited
Zoning Designations Standards for
LAND USE
Specific Land Uses
RO RO-H P-1 I OS
College, university, public X X A A X
Commercial recreation facility—Indoor X X X P X
Commercial recreation facility— X X X A C ACC 18.57.025(A)
Outdoor
Conference/convention facility X X X A X
Library, museum X X P P A
Meeting facility, public or private A A P P A
Private school—specialized P P X P X
education/training (for profit)
Public schools(K-12)and related X X P P X
facilities
Religious institutions, lot size less than A P X P X
one acre
Religious institutions, lot size more than C A X P X
one acre
Studio—Art, dance, martial arts, music, P X X X X
etc.
RESIDENTIAL
I Duplex P (1) X X A X
I Home occupation P P X P P Chapter 18.60 ACC
Ordinance No. 6677
January 26, 2018.
Page 6
Page 82 of 122
Table 18.35.030 Permitted,Administrative,Conditional and Prohibited Uses by Zone
P—Permitted
Permitted,Administrative,Conditional and Prohibited Uses by Zone C—Conditional
A—Administrative
X—Prohibited
Zoning Designations Standards for
LAND USE
Specific Land Uses
RO RO-H P-1 I OS
Live/work,work/live unit A P X A X
Multiple-family dwellings, stand-alone P (2) A(3) X A X
One detached single-family dwelling P X X X P (5)
Nursing home, assisted living facility A A X P X
Senior housing A A X A X
RETAIL
I Restaurant, cafe, coffee shop, A A P A X
excluding drive-through facilities
SERVICES
Banking and related financial P P X X X
institutions, excluding drive-through
facilities (4)
Daycare, including mini A P X P A
daycare, daycare
center, preschools or nursery schools
Home-based daycare P P X P P
Medical services—Clinic or urgent care P P X X X
4)
Mortuary, funeral home, crematorium X P X X X
Professional offices P P X A A
Ordinance No. 6677
January 26, 2018
Page 7
Page 83 of 122
Table 18.35.030 Permitted,Administrative, Conditional and Prohibited Uses by Zone
P—Permitted
Permitted,Administrative,Conditional and Prohibited Uses by Zone C—Conditional
A—Administrative
X—Prohibited
Zoning Designations Standards for
LAND USE
Specific Land Uses
RO RO-H P-1 I OS
Personal service shops P P X X X
Pharmacies X P X X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Utility facilities, substations, utility X X X X A See ACC
transmission or distribution line 18.02.040(E)
OTHER USES THAT ARE NOT LISTED
Other uses may be permitted by the P P P P P
planning director or designee if the use
is determined to be consistent with the
intent of the zone and is of the same
general character of the uses permitted.
Notes:
1. Duplexes, 3,600 square feet of lot area per dwelling unit is required.
2. Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit.
3. Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit.
4. Permitted within a public college or university as an amenity or service provided to students. A stand-
alone bank or medical services/clinic is not permitted.
5. One single-family detached dwelling unit per existing legal lot. No_residential subdivisions permitted
in the open space zone.
Ord. 6642§ 11, 2017; Ord. 6434 § 1, 2012.)
Ordinance No. 6677
January 26, 2018
Page 8
Page 84 of 122
Section 4. Amendment to City Code. That Section 18.35.040 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.35.040 Development standards.
Table 18.35.040 RO, RO-H, P-1, I Zone Development Standards
Development Feature Requirement by Zones
RO RO-H P-1 OS
I
Residentia Residential Public Open Space
Institutional
I Office Office-Hospital Use
7,200 sf None None 6,000 sf None
Minimum lot area
50 ft, 80 ft None None 60 ft, 80 ft None
Minimum lot width,depth
55 percent None None 35 percent 5 percent
Maximum lot coverage 1)
NA NA NA NA 20 percent(7)
Maximum impervious area
Minimum setbacks required for primary structures. See ACC 18.31.070 for
Setbacks exceptions to these requirements.
20ft(2) 10ft 20 ft 20ft 20 ft
Front
5ft None 5f (4) 5ft 5f
Side—Interior
10ft 10ft 10ft 10ft 10 ft
Side—Corner
25 ft(3) None 25 ft 25 ft 25 ft
Rear
See note NA NA See note(5)
Accessory structure(s) 5) below below
Maximum allowable height of structures. See ACC 18.31.030(Height
Height limit limitations—Exceptions)for height limit exceptions.
35ft 65 ft 45 ft 45 ft(6) 35 ft
Maximum height
See Chapter 18.31 ACC
Fences and hedges
Ordinance No. 6677
January 26, 2018
Page 9
Page 85 of 122
Table 18.35.040 RO, RO-H, P-1,I Zone Development Standards
Development Feature Requirement by Zones
RO RO-H P-1 OS
Residentia Residential Public Open Space
Institutional
I Office Office-Hospital Use
Landscaping
See Chapter 18.50 ACC
See Chapter 18.52 ACC
Parking
See Chapter 18.56 ACC
Signs
See Chapter 18.55 ACC
Lighting
See Chapter 18.54 ACC
Nonconforming structures,
land and uses
Notes:
1. New single-family residential or conversions of single-family residences to commercial uses with
additions greater than a total or cumulative area of 200 square feet on the property since the adoption of
Ordinance No. 6231, then the maximum lot coverage is 35 percent.
2. New single-family residential or conversions of single-family residences to commercial uses with
additions of 200 square feet or less,then the front yard setback is 10 feet.
3. New single-family residential or conversions of single-family residences to commercial uses with
additions of 200 square feet or less, then the rear yard setback is 15 feet.
4.A 25-foot setback is required when adjacent to a residential zone.
5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear
yard setback may be reduced to five feet; provided, that any structure with a vehicle entrance from a
street(public or private)or public alley shall be set back a minimum of 20 feet.
6. Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings:
16 feet.
7. Maximum_impervious area includes all hard surfaces per Auburn City Code 13.48.010(J).
Ord. 6434 § 1, 2012.)
Section 5. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 6677
January 26, 2018
Page 10
Page 86 of 122
Section 6. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 7. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
Introduced:
Passed:
Approved:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APIVEDA TO FORM:
LAD
irP-
e=. ei•, -"yAt •rney
PUBLISHED:
Ordinance No. 6677
January 26, 2018
Page 11
Page 87 of 122
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Page 88 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6678 (Coleman)
Date:
February 14, 2018
Department:
Finance
Attachments:
Ord 6678
Budget Impact:
Administrativ e Recommendation:
City Council to introduce and adopt Ordinance No. 6678.
Background Summary:
Ordinance No. 6678 levies a .0203% sales tax credit against the state sales tax for local
revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature
during the 2009 regular session. The intent of the legislation was to provide financial
assistance to Cities to assist with financing public improvements in an identified revitalization
area to promote community and economic development.
The City first applied for the use of local revitalization financing on August 11, 2009 and the
Department of Revenue approved the City’s application on September 16, 2009, authorizing
up to $250,000 per year for the local revitalization program (Promenade capital
improvements).
In 2010, the City issued $7.24 million in 2010 C/D Bonds for the purpose of funding capital
improvements for the Promenade. Annual debt service payments for these bonds continue
through the year 2034. Funds from EDA grants, combined with REET2 funds and interest
earnings, are used to pay for the annual debt service costs of the local revitalization project.
As of the end of 2017, the remaining principal balance was $5.6 million.
The tax credit is available to the City for up to 25 years. 2018 will be the ninth year that the
City has asked the State for the tax credit. As provided by the state, in order for the City to
continue receiving the tax credit, the City must request this each year by Ordinance.
Based upon historical taxable retail sales, the above rate of .0203% is estimated to generate
$250,000 for local revitalization funding during the State’s fiscal year, July 1, 2018 to June 30,
2019.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:February 20, 2018 Item Number:ORD.B
Page 89 of 122
Page 90 of 122
ORDINANCE NO. 6 7 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ESTABLISHING
THE LOCAL SALES AND USE TAX RATE FOR
LOCAL REVITALIZATION FINANCING FOR 2018
WHEREAS, The City of Auburn ("City") enacted Ordinance No. 6301 on
April 19, 2010, which established a local sales and use tax as provided for in
Section 39.14.510 of the Revised Code of Washington ("RCW"); and,
WHEREAS, this tax is imposed in order to pay the debt service on Local
Revitalization Financing bonds in accordance with Chapter 39.104 RCW; and,
WHEREAS, Chapter 39.104 RCW provides that the City shall, from time to
time, adjust the tax rate so that it is set at the rate reasonably necessary to receive
the state contribution over 10 months, in accordance with RCW 82.14.510(3); and
WHEREAS, the Local Sales and Use Tax Rate is set at a rate to generate
approximately$250,000.00 between July 1, 2018 through June 30, 2019, for Local
Revitalization Financing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The sales and use tax rate initially established in Section 3.2
of Ordinance No. 6301, and most recently amended by Ordinance No. 6636, is
hereby amended to .0203%, effective July 1, 2018.
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of
this legislation.
Ordinance No. 6678
February 7, 2018
Page 1 of 2
Page 91 of 122
Section 3. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPRO D AS TO FORM:
Da "-l B. Heid, ity Attorney
Published:
Ordinance No. 6678
February 7, 2018
Page 2 of 2 Page 92 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5340 (Gaub)
Date:
February 14, 2018
Department:
CD & PW
Attachments:
Res 5340
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5340.
Background Summary:
The City of Auburn has determined that a 50 foot by 60 foot piece of real estate quit claim
deeded to the City in the vicinity of 1412 3rd Street SE was intended for right-of-way
purposes but was never opened as a street or used as such by the City and is no longer
required to meet the needs of the City. Therefore, a public hearing should be set to
determine if said right of way may be vacated.
The right-of-way was quit claim deeded to the City on June 14, 1956. City staff and utility
providers who have an interest in this right-of-way have reviewed the proposed right-of-way
vacation. Through this review, City staff has determined that the right of way is no longer
necessary to meet the needs of the City and could be vacated.
Resolution No. 5340, if adopted by City Council, sets the date of the public hearing for
Vacation No. V1-17 for March 19, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:February 20, 2018 Item Number:RES.A
Page 93 of 122
RESOLUTION NO. 5 4 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER THE VACATION OF REAL PROPERTY
INTENDED FOR RIGHT-OF-WAY PURPOSES LOCATED
AT 1412 3RD STREET SE, WITHIN THE CITY OF AUBURN,
WASHINGTON
WHEREAS, in 1956, the City of Auburn received, through a quit claim deed, a
portion of property located within the corporate boundaries of the City at 1412 3rd Street
SE, for which the property was intended to couple up with other adjacent portions of
property to provide for an East-West roadway south of 3rd Street SE and north of the
Burlington Northern Railroad railway between M Street SE and R Street SE, within the
City of Auburn; and
WHEREAS, the right-of-way was never developed, necessary adjacent parcels
were never acquired and King County did not segregate the portion of property the City
acquired through the 1956 quit claim deed from the adjacent parcels; and
WHEREAS, the City has no desire or interest in developing and acquiring the
additional property needed for right-of-way south of 3rd Street SE between M Street SE
and R Street SE, within the City of Auburn; and
WHEREAS, in connection with possible vacation of the portion of property the City
acquired through the 1956 quit claim deed, pursuant to Section 35.79.010 of the Revised
Code of Washington, a hearing on such proposed 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 passage of the resolution.
NOW, THEREFORE, THE CITY COUNCIL, THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 5340
February 6, 2018
Page 1
Page 94 of 122
Section 1. A hearing on the vacation of right-of-way at the location of 1412 3rd
Street SE, located within the city of Auburn, Washington, legally described as follows:
The south 50 feet of the north 331.07 feet of the west 60 feet
of Lot 33 East Auburn Acres addition to Auburn, according to
the plat thereof recorded in Volume 14 of Plats, Page 41,
records of King County, Washington.
A portion of King County tax parcel number(s) 2149800305,
is hereby set for 7:00 PM on the 19th day of March, 2018, at the City Council Chambers,
25 W. Main Street, Auburn, WA, 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
posting notice of such public hearing as required by state law and City Ordinance.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP: : ED AS TO FORM:
Ad
t' B. Hei•, ity Attorney
Resolution No. 5340
February 6,2018
Page 2
Page 95 of 122
1 of 2
2/14/2018
V2-16 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V1-17
Applicant: City Initiated
Property Location: Right-of-Way located in the vicinity of 1412 3rd Street SE. Specifically the south 50
feet of the north 331.07 feet of the west 60 feet of Lot 33 East Auburn Acres
addition to Auburn.
Description of right-of-way:
This ROW proposed for vacation consists of a 50 foot by 60 foot portion of real property acquired for the intended
purpose of right-of-way that was Quit Claim Deeded to the City in 1956 under Recording Number 4702460,
Volume 3583, Page 617 of deeds records of King County on June 14, 1956. The City has determined that the
intent of the City’s acquisition was for right-of-way purposes based on the alignment with other similar pieces of
right-of-way that were dedicated for street purposes. These similar pieces of right-of-way were subsequently
vacated years later when City long range transportation plans determined that a road alignment extending 4th
Street SE between M Street SE and R Street SE was not needed and that unopened and partial alignments
should be considered for vacation back to adjacent property owners.
The ROW is located south of 3rd Street SE and north of the Burlington Northern Railroad and consists of a 50 foot
by 60 foot area. The total area of ROW proposed for vacation is 3,000 (+/-) square feet. The ROW is adjacent to
Parcel No. 2149800305 on the north side, Parcel No. 2149800302 on the south side, Parcel No. 2149800284 on
the west side and Parcel No. 2149800306 on the east side.
See the attached map.
Proposal:
The City proposes to vacate the above described right-of-way as it is not needed for public road purposes.
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 street vacation decreases potential right-of-way maintenance obligation and liability of the City.
The vacated area will be subject to property taxes.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE received the City’s request for comments regarding the proposed
street right-of-way vacation. PSE was unable to determine if they have existing facilities in the proposed
vacation area and stated that they would pursue their own easements if needed in the future.
2. Comcast – Comcast has no objection to the proposed vacation and does not require an easement.
3. CenturyLink – CenturyLink has not facilities on or in the area being requested for vacation and does not
required an easement.
4. Water – The City does not require an easement be reserved for water facilities.
Page 96 of 122
2 of 2
2/14/2018
V1-17 Staff Report
5. Sewer – The City does not require an easement be reserved for sewer facilities.
6. Storm – The City does not require an easement be reserved for storm facilities.
7. Transportation – No comments.
8. Planning – No comments.
9. Fire – The area proposed for vacation that is currently being used as a road and access to Parcel No.
2149800302 on the south side of the ROW will need to be maintained as such after vacation. The current
access to this parcel does not meet current code for fire apparatus access turnaround requirements. As
such the area currently being used as a road and access may not become any smaller than it currently is.
10. Police – No comments.
11. Streets – No comments.
12. Construction –No comments.
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.”
The City Engineer has not required an appraisal for the value of this right-of-way since the right-of-way vacation is
being initiated by the City. Additionally the right-of-way was dedicated to the City at no cost and the City has
never maintained or opened the right-of-way for public use.
Recommendation:
Staff recommends that the street vacation be granted with no conditions.
Page 97 of 122
192.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet192.396.20
1:1,154
ROW Vacation #V1-17 1412 3rd Street SE
1in =96 ft
2/6/2018Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
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. Page 98 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5345 (Faber)
Date:
February 14, 2018
Department:
Parks/Art and Recreation
Attachments:
Res 5345
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Arts Commission Recommendation
Background Summary:
In the spring of 2017, the City of Auburn started the process of selecting and commissioning
an artist to create an “Iconic Public Artwork” for the new park area of Les Gove Park that
fronts Auburn Way South. The budget for this public art project is $125,000 and is part of the
CIP budget, inclusive of design, fabrication, installation, travel and WA sales tax.
An Iconic Public Art Sub-Committee was convened that included individuals from the Arts
Commission and Park Board, as well as the White River Valley Museum Director and a
member of the landscape architect firm, The Berger Partnership. Staff from the Parks, Arts &
Recreation Department and the Community Development & Public Works Department
provided guidance to the sub-committee. The sub-committee determined the goals and
required qualifications to include in the call to artists and the outlined the initial selection
process. The call to artists was created and promoted in partnership with 4Culture, seeking
applications from artists in Washington and Oregon with a submission deadline of May 24,
2017. There were 34 artist or artist group applications received from the call. After thorough
review and evaluation by the sub-committee, two finalists were selected to write proposals
and present to the sub-committee on June 29, 2017.
Of the two artists, Peter Reiquam was selected by the Iconic Public Art Sub-Committee and
after a second presentation of three concept designs on July 27, the sub-committee
approved a design and forward their recommendation onto the Arts Commission for
consideration. The Arts Commission reviewed the design on August 8, 2017 and voted to
move the design forward. However, after receiving feedback from the Arts Commission
following their August meeting, the design was discussed further at the Arts Commission
meeting in September. Due to mixed feelings on the design, the Arts Commission voted
again to bring the design back to the sub-committee, and recommended further concept
sketches from the artist that might suit the site of Les Gove Park better. On November 8,
Reiquam presented another round of eight rough concept sketches to the sub-committee.
The Iconic Public Art Sub-Committee voted to forward their recommendation of Reiquam’s
“Crow With Fries” design on to the Arts Commission for review at the December 2017 Arts
Page 99 of 122
Commission meeting. The Arts Commission voted to approve the design at their December
2017 meeting and asked for the design to be forwarded on to the Auburn City Council for final
consideration.
Rev iewed by Council Committees:
Councilmember:Staff:Faber
Meeting Date:February 20, 2018 Item Number:RES.B
Page 100 of 122
RESOLUTION NO. 5 3 4 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
NEGOTIATE AND EXECUTE A CONTRACT WITH PETER
REIQUAM TO DESIGN, FABRICATE, AND INSTALL A PUBLIC
ART PIECE INTO THE DESIGN OF LES GOVE PARK IN
CONFORMITY WITH THE ICONIC PUBLIC ARTWORK FOR LES
GOVE PARK ART PROCESS
WHEREAS, the City of Auburn is working on amenities for Les Gove Park; and
WHEREAS, in connection therewith, working with members of City boards and
commissions and other professionals, the City has developed an ICONIC PUBLIC
ARTWORK for Les Gove Park project, detailing goals, priorities, review and approval
processes; and
WHEREAS, as a part of the ICONIC PUBLIC ARTWORK for Les Gove Park
project, the City has selected and desires to contract with Artist Peter Reiquam to design,
build and install artwork for this site; and
WHEREAS, also as a part of the ICONIC PUBLIC ARTWORK for Les Gove Park
project, the art work is to be a design component of Les Gove Park, requiring coordination
between the Artist and the City's Landscape Architects.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to negotiate and
enter into a professional service agreement up to but not exceeding $125,000 with Peter
Reiquam to design, fabricate, and install public art work in Les Gove Park, pursuant to and
in conformity with the ICONIC PUBLIC ARTWORK for Les Gove Park project.
Resolution No. 5345
February 1, 2018
Page 1
Page 101 of 122
Section 2. The Mayor is further authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
SIGNED and DATED this day of 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
AP"O E D : O FORM:
4ifi
iel B. Heid, ity'Attorney
Resolution No. 5345
February 1, 2018
Page 2
Page 102 of 122
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5347 (Faber)
Date:
February 14, 2018
Department:
Parks/Art and Recreation
Attachments:
Res 5347 and Easement Relinquis hment
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Resolution to Execute Use Agreement
Background Summary:
In February 2013, the City adopted Resolution No. 4905 which authorized the City to enter
into an Interlocal Agreement with King County and the King County Flood Control District for
easements associated with the Reddington Levee Extension and Setback Project. Pursuant
to the Interlocal Agreement, the City granted a Flood Protection Easement to King County,
which granted King County perpetual easement for flood protection purposes. A portion of
the easement area is located on a portion of Brannan Park, which was purchased by the City
in 1971 with grant funds from The Washington Recreation and Conservation Office (RCO).
The RCO has determined that the granting of real property interest in the form of a Flood
Control Easement triggers a land conversion requirement, while a Use Agreement does not
amount to granting of real property interest running with the land in perpetuity. Therefore, a
Use Agreement to provide King County access to the area in perpetuity for the purposes of
maintaining the flood control structure would not trigger a land conversion requirement.
Park staff has determined that prior to the Reddington Levee Setback Project, the area of
land at Brannan Park that was subject to the “take” to accommodate the levee setback project
was comprised of Open Space along the Green River. Since the levee was setback from the
Green River, the area of “take” remains as Open Space, which still provides access to the
river. An element of the Reddington Levee Setback Project was a 1.7 mile paved trail along
the top of the levee, which resulted in a substantial improvement to the recreational value of
the area.
Rev iewed by Council Committees:
Councilmember:Staff:Faber
Meeting Date:February 20, 2018 Item Number:RES.C
Page 103 of 122
Page 104 of 122
RESOLUTION NO. 5 3 4 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT FOR RELINQUISHMENT AND
QUITCLAIM OF EASEMENT RIGHTS, INCLUDING A USE
AGREEMENT WITH KING COUNTY FOR A PORTION OF
BRANNAN PARK, ALL RELATED TO BRANNAN PARK
WHEREAS, on February 19, 2013, the City adopted Resolution No. 4905 which
authorized the City to enter into an Interlocal Agreement with King County and the King
County Flood Control Zone District for easements associated with the Reddington Levee
Extension and Setback Project; and
WHEREAS, pursuant to the Interlocal Agreement, the City, on April 24, 2013,
granted a Flood Protection Easement to King County which granted King County a
perpetual easement for flood protection purposes; and
WHEREAS, a portion of the Flood Protection Easement area is located on a
portion of Brannan Park, a municipal park purchased by the City in 1971 with funds from
the predecessor in interest to the State of Washington Recreation and Conservation
Office (RCO); and
WHEREAS, the City is responsible for complying with the terms and conditions of
the 1971 RCO project agreement and grant program requirements; and
WHEREAS, RCO has determined that the grant of a real property interest in the
form of Flood Control Easement has triggered a conversion requirement; and
WHEREAS, RCO has also determined that a Use Agreement that does not amount
to grant of a real property interest running with the land in perpetuity would not trigger
such a conversion requirement; and
Resolution No. 5347
January 23, 2018
Page 1 of 3 Page 105 of 122
WHEREAS, to resolve the issue and to carry out the intent of the 2013 Flood
Control Zone District Interlocal Agreement, King County agrees to relinquish and
quitclaim its rights under the Easement back to the City in return for the City agreeing to
enter into a Use Agreement with King County for flood protection purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute documents reflecting
agreement between the City and King County providing for easement, use and flood
protection purposes for and related to Brannan Park, including Relinquishment and
Quitclaim of Easement Rights, as well as a Use Agreement with King County for a portion
of Brannan Park, which agreement documents shall be in substantial conformity with the
documents attached hereto, collectively marked as Attachment "I" and incorporated
herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2018.
CITY OF AUBURN
ATTEST: NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
Resolution No. 5347
January 23, 2018
Page 2 of 3 Page 106 of 122
APP : D O FORM:
LLi ;, 1
D-Wel B. Heid, ity Attorney
Resolution No. 5347
January 23, 2018
Page 3 of 3 Page 107 of 122
AFTER RECORDING RETURN TO:
King County Real Estate Services Section
500 Fourth Avenue, Suite 830
Seattle, WA 98104
Reference No: 20140425000455,
Relinquishor of Easement Rights: KING COUNTY, a political subdivision of the State
of Washington
Property Owner: City of Auburn, a Washington Municipal Corporation
Tax ID No: 000100-0081
RELINQUISHMENT AND QUITCLAIM OF EASEMENT RIGHTS
This Relinquishment and Quitclaim of Easement Rights is made by King County, a
political subdivision of the State of Washington ("King County" or "Relinquishor") in
favor of the City of Auburn, a Washington municipal corporation, ("City") (collectively
referred to herein as the "Parties").
RECITALS
A. King County, the Relinquishor herein, is the Grantee of a Flood Protection
Easement adjacent to the Green River in the City of Auburn, in King County,
Washington, recorded under Auditors File number 20140425000455 (the "Easement")
and granted by the City of Auburn ("Grantor"). The property that is subject to the
Easement is identified in Exhibit A to the Easement, the Easement area is described in
Exhibit B to the Easement, and the Easement area is depicted in Exhibit C to the
Easement ("Easement Area"). Each of these Exhibits is attached hereto and incorporated
herein by this reference.
B. The City of Auburn is the owner of the underlying fee interest of the Property described
in Exhibit A and is the Grantor of the Easement. The Property functions as a City of Auburn
municipal park called "Brannan Park", and the park was purchased by the City in 1971 with
funds from the predecessor in interest to the State of Washington Recreation and Conservation
Office ("RCO"). The City is responsible for complying with the terms and conditions of the
RCO project agreement and grant program requirements.
C. The Easement granted King County a perpetual easement for the purposes of(1)
accessing and constructing, inspecting, monitoring, reconstructing, maintaining and
repairing river bank protection, levees and/or other flood related works, including
installing, inspecting and maintaining all vegetation and any other appurtenances thereto,
2) constructing, reconstructing, repairing, maintaining, locating and relocating utilities
and stormwater facilities or improvements, and (3) constructing, reconstructing,
1
Page 108 of 122
repairing, maintaining, locating and relocating trail improvements across, in, under, on,
over and upon the Easement Area.
D. RCO has determined that the grant of the real property interest in the form of the
Easement has triggered a conversion requirement with respect to the Easement Area, but
that a use agreement that does not amount to a grant of a real property interest running
with the land in perpetuity would not trigger such conversion requirement.
E.King County is agreeable to relinquishing and quitclaiming its rights under the
Easement back to the City of Auburn, in exchange for the City agreeing to enter into a
use agreement with King County for access to anduse of the Easement Area for flood.
protection purposes. The City of Auburn is agreeable to accepting the relinquishment
and quitclaim of easement rights and to entering into a use agreement for the Easement
Area, substantially in the form of the Use Agreement attached hereto as Exhibit D.
NOW, THEREFORE, in consideration of the mutual benefits described herein, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, King County hereby agrees that right, title and interest in the Easement is
to be relinquished and quitclaimed to the City of Auburn and terminated under the
following terms and conditions.
1. The Recitals above are hereby incorporated herein and made a part hereof.
2. King County hereby relinquishes and quitclaims all right, title and interest in
the Easement recorded under Auditor's File Numbers 20140425000455 to the
City of Auburn, upon execution by both Parties of the Use Agreement,
substantially in the form of that attached hereto as Exhibit D.
3. The City of Auburn, as the fee owner of the Easement Area, hereby accepts
and approves the relinquishment and quitclaim by King County of all King
County's right, title and interest in the Easement to the City of Auburn, and
hereby consents to the termination of any and all obligations and rights of the City
of Auburn, and any and all obligations and rights of King County, under the terms
of the Easement, upon execution of the Use Agreement, substantially in the form
of that attached hereto as Exhibit D.
4. The City of Auburn (the City herein) shall, on or before date],
sign a Use Agreement, substantially in the form of that attached hereto as Exhibit
D, for the area owned by the City that is necessary for King County to meet its
flood protection purposes.
5. The Parties agree that this Relinquishment and Quitclaim of Easement Rights
shall not be recorded until the Use Agreement, as referred to in Paragraphs 2, 3,
and 4 above, is fully executed.
2
Page 109 of 122
This Relinquishment and Quitclaim of Easement Rights shall inure to the benefit of and
be binding upon the heirs, executors, administrators, and successors in interest and
assigns of King County and the City of Auburn.
DATED this day of 201_
KING COUNTY,WASHINGTON APPROVED AS TO FORM:
name) Senior Deputy Prosecuting Attorney
Real Estate Services Division
DATED: DATED:
CITY OF AUBURN APPR• / t • S Tata' :
irdi
DATED:DATED: a
STATE OF WASHINGTON )
SS
COUNTY OF KING
I certify that signed this instrument, and on oath stated that
was authorized by the King County Executive to execute the instrument, and
acknowledged it as the Manager of the Real Estate Services Section of the Facilities Management
Division of the Department of Executive Services of King County, Washington to be the free and
voluntary act of said County for the uses and purposes mentioned in the instrument.
Dated this day of 201_
NOTARY PUBLIC in and for the State of Washington,
residing at:
My appointment expires:
3
Page 110 of 122
STATE OF WASHINGTON )
SS
COUNTY OF KING
I certify that of the City of Auburn, a Washington municipal
corporation, executed the within and foregoing instrument, and acknowledge said instrument to be
the free and voluntary act and deed of said entity for the uses and purposes therein mentioned; and
on oath stated that he was qualified and acting on behalf of the City of Auburn and was authorized
to execute said instrument on behalf of the City of Auburn.
Dated this day of 201_
NOTARY PUBLIC in and for the State of Washington,
residing at:
My appointment expires:
EXHIBIT A
4
Page 111 of 122
PROPERTY SUBJECT TO THE EASEMENT
LEGAL DESCRIPTION
That portion of the William H. Brannan Donation Land Claim No. 37, in Section 6,
Township 21 North, Range 5 East, W.M., in King County, Washington, described as
follows:
Beginning at a point South 0°59'00" East 157.60 feet from the Northwest corner of
said donation claim;
Thence North 89°19'00" East 1,117.00 feet to the true point of beginning;
Thence North 89°19'00" East 1083.10 feet to the West bank of the Green River
formerly "White River");
Thence along said West bank South 17°24'00" West 59.50 feet;
Thence South 6°48'00" West 242.70 feet;
Thence South 1°25'00" West 184.50 feet;
Thence South 17° 53'00" East 153.10 feet;
Thence South 6°28'00" East 260.00 feet;
Thence South 1.2°25'00" East 298.90 feet;
Thence South 89°19'00" West 1,148.30 feet, more or less, to a point from which the
true pint of beginning bears North 0°59'00" West;
Thence North 0°59' 00" West 1,183.69 feet, more or less, to the true point of
beginning;
Except those portions thereof conveyed to King County for John Reddington Co.
Road by deeds recorded under Auditor's file numbers 2776025 and 2776026;
And, except portion, if any, lying within 26th Street Northeast (Also known as South
303rd Street);
And except that portion described as follows:
Commencing at the Northwest coiner of said Donation Claim No. 37;
Thence North 89°19' East along the North line thereof, 1,117 feet;
Thence South 0°59' East, parallel to the West line thereof, 728.6 feet to the point of
beginning;
Thence South 0°59' East 612.27 feet;
Thence North 89°17'14" East 505 feet;
Thence Westerly along a curve to the right, the radius of which is equal to 538.42
feet through a central angle of 10°42'23", a distance of 100.61 feet;
Thence South 89°19' West 220 feet;
Thence westerly along a curve to the left, the radius of which is equal to 336.345 feet
through a central angle of 13°33'51" a distance of 79.63 feet;
Thence South 75°45'09" West 9.505 feet;
Thence westerly along a curve to the right, the radius of which is equal to 336.345 feet
through a central angle of 13°33'51" a distance of 79.63 feet;
5
Page 112 of 122
Thence South 89°19' West 10.00 feet to the point of beginning. (Being known as Great
Western Addition Division No. I)
And being the same as described in Warranty Deed recorded under Recording Number
7111010246,records of King County.
6
Page 113 of 122
EXHIBIT B
EASEMENT AREA
All that portion of the above described Exhibit "A", located in the Southeast Quarter
of Section 6, Township 21 North, Range 5 East, Willamette Meridian, King County,
Washington, lying easterly of the following described line:
Commencing at engineers station 0+00.00 point on the Levee Alignment Survey
recorded under Recording Number 20121017900001, Records of King County;
Thence N 11°03'14"W a distance of 13.24 feet to the beginning of a curve concave to
the southwest the radius point of which bears S78°56'46"W, 37.90 feet distant;
Thence along said curve through a delta angle of 48°56'36" a distance of 32.38 feet
to a point on the easterly boundary line of the property described in Exhibit "A," at
engineers station 0+45.62 on said Levee Alignment Survey and the TRUE POINT
OF BEGINNING;
Thence continuing along said curve through a delta angle of09°05'35" a distance of
6.01 feet;
Thence N69°05'25"W a distance of 97.06 feet to the beginning of a curve concave to
the northeast the radius point of which bears N20°54'35"E, 112.50 feet distant;
thence along said curve through a delta angle of 69°56'48" a distance of 137.34 feet;
Thence NO2°53'41"E a distance of 186.69 feet to the beginning of a curve concave to
the west the radius point of which bears S89°36'42"W, 659.86 feet distant;
Thence along said curve through a delta angle of 08°50'56" a distance of 101.91 feet;
Thence N 12°31'14"W a distance of 256.63 feet to the beginning of a curve concave
to the east the radius
point of which bears N 78°23'02" E, 315.34 feet distant;
Thence along said curve through a delta angle of 20°21'52" a distance of 112.08 feet;
Thence N07°49'02"E a distance of 239.99 feet to the beginning of a curve concave to
the east the radius point of which bears S 84°10'18" E, 117.61 feet distant;
Thence along said curve through a delta angle of 14°19'40" a distance of 29.41 feet;
Thence N16°58'24"E a distance of 66.40 feet;
Thence N 17°52'31"E a distance of 15.99 feet to a point on the north line of the
property described in Exhibit "A," opposite engineers station 12+95.42 on said
Levee Alignment Survey and 0.93 feet easterly measured at right angles therefrom,
and the TERMINUS OF THIS LINE.
Containing 130,031 square feet (2.99 acres).
Note: Basis of bearings for this Exhibit B description is Record of Survey filed under
Recording Number 20121017900001.
7
Page 114 of 122
EXHIBIT C
EASEMENT DIAGRAM
KING COUNTY
REDDINGTON
BRANNAN PARK
TAX LOT # 000100-0081 (TAX EXEMPT)
LEVEE AREA = 130,031 SO. FT. (2.99 ACRES)
12+95.42, 0:93R
PROPOSED LEVEE
ALIGNMENT PER RO.
20121017900001) L8)
L7)
L9)L6)
C6)
I 0 200 400
L I I
I(L10)' SCALE IN FEET
L5)
TOP OF : BASIS OF BEARINGS:
I LEFT BARK RECORD OF SURVEY AFN 20121017900001
c5)
1.00(
L11k I LINE AND CURVE TABLE (MEASURED)
L1: N 11'03'14" W 13:24'
Cl. R=37.90', DELTA=48'56'36" L=32.38'
C2t- R=37,90', DELTA=09'05'35" L=6.01'
L12) C : L2: N 69'05'25" W 97;06'
1 mi i C3: R=. 112.50', DELTA=69`56`48" L=137.34'
L4)
Z .c. L3: N 02'53 41" E 186.69'
ASSESSOR'S Il w C4: R=659.86', DELTA=08'50'56 L=161.91'
PARCEL NO.: L4: N 12'31'14" E 256.63'
000100-0081 i, C5: R=315.34', DELTA=20'21'52" L=112:08'
C4) L13) i
ros
L5: N 0749'02" E 239.99'
I
C6: R=117.61', DELTA=14'19'40" L=29:41'
oii01
fj' L6: N 1658'24" E 66.40'
L7: N 17'52'31" E 15.99'
L8: S 89'02'26" E 11 5.02'
L3) L9: S 19'02'34" W 59.50'
L10: S 08'26'34" W 242.70'
L11: S 03'03'34" W 184.50'
011.:\....
L1L12: S 16'14'26" E 153.10'
Li3: S 04'49'26" E 260.00'
C3)
400
L14: S 10'46'26" E 254.88'
1.(
C1)
L2 4 / .(Lt)
C2)'',
0+45.63 0+00.00
PROPOSED LEVEE ALIGNMENT PROPOSED LEVEE
PER ROS 20121017900001) ALIGNMENT)
1%cEXHIBIT "C" EASEMENT DIAGRAM PAGE 1
et ASSESSOR'S PARCEL NO. 000100-0081 (TAX EXEMPT)
ENGINEERS INC, SE 1A SECTION 6, i'OWNSHIP 21N., RANGE 5E., W.M. OF 1
8
Page 115 of 122
EXHIBIT D
USE AGREEMENT
USE AGREEMENT FOR PORTION OF BRANNAN PARK
The City of Auburn, a municipal corporation of the State of Washington ("City"), as
owner of the property legally described in Exhibit 1, attached hereto and incorporated
herein by this reference ("Property"), hereby enters into this Use Agreement for Portion
of Brannan Park ("Use Agreement") with King County, a political subdivision of the
State of Washington, whereby King County is granted the right to use of a portion of the
Property, as described in Exhibit 2 and depicted in Exhibit 3, attached hereto and
incorporated herein by this reference ("Use Area"), for river protection purposes, as more
fully specified herein.
Recitals:
A. Brannan Park, a municipal park owned and operated by the City for park
recreation purposes, is adjacent to the Green River and has been threatened by
flooding when the river reaches flood stages.
B. King County, as service provider to the King County Flood Control District
District") has constructed through District funding a flood protection facility
along a portion of the Green River, called the Reddington Setback Levee Project
Project").
C. A portion of the Project has been built in the Use Area, and provides enhanced
flood protection to Brannan Park and other portions of the City.
D. In order to operate, maintain and repair the Project, King County needs access to
the Use Area to engage in the activities described in Paragraph 2 below.
E. Upon the completion of construction of the Project, grass and landscaping in the
Use Area were installed, such that a compatible use with other Brannan Park
grassed and landscaped areas has been achieved.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the City as the owner of the
Property and King County as the entity responsible for the Project, hereby agree
as follows:
1. The Recitals above are hereby incorporated herein and made a part hereof.
2. The City grants King County the right to use the Use Area for the purposes of(a)
accessing and constructing, inspecting, monitoring, reconstructing, maintaining
and repairing river bank protection, levees and/or other flood related works,
including installing, inspecting and maintaining all vegetation and any other
appurtenances thereto, (b) constructing, reconstructing, repairing, maintaining,
locating and relocating utilities and stormwater facilities or improvements, and (c)
9
Page 116 of 122
constructing, reconstructing, repairing, maintaining, locating and relocating trail
improvements across, in, under, on, over and upon the Use Area.
3. Upon undertaking any of the actions provided for in Paragraph 2 above, the
County shall return the area impacted by such activities to the prior grassed and
landscaped condition, provided that such restorative measures can be reasonably
undertaken without compromising the flood protection features of the Project.
4. King County shall have reasonable ingress and egress upon the Property to access
the Use Area.
5. King County shall have the right at such time as may be necessary and in the
exercise of its reasonable discretion, to enter upon the Property and to have
unimpeded access to, in and through the Use Area for the purposes of undertaking
the activities described in Paragraphs 2,3, and 4 above.
6. The City agrees not to plant non-native vegetation within the Use Area and not to
remove or otherwise alter any improvements installed by the County, including
any native vegetation that maybe planted and any flood protection works that may
be constructed, within the Use Area, without obtaining the prior approval of the
County.
7. For the purposes of this Use Agreement, the term "native vegetation" shall mean
vegetation comprised of plant species, other than noxious weeds (as identified on
the State of Washington noxious weed list found at Washington Administrative
Code Chapter 16-750, as amended from time to time), which are indigenous to the
coastal region of the Pacific Northwest and which reasonably could have been
expected to naturally occur at the site.
8. Neither the City nor the County under the terms of this Use Agreement are
obligated to future maintenance, repair or other action related to the Project. This
Use Agreement and/or any flood related works constructed or to be constructed
within the Use Area shall not be construed as granting any rights to any third
person or entity, or as a guarantee of any protection from flooding or flood
damage, and nothing contained herein shall be construed as waiving any
immunity to liability granted to the City and the County by any state statute,
including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as
otherwise granted or provided for by law.
9. This Use Agreement is of indefinite duration, and may only be terminated by the
City upon written notice being delivered to the County at least sixty (60) days
prior the termination date on the basis that the County has breached the terms of
this Use Agreement. If the breach is curable, the County may cure the breach
within the 60 day period and provide notice of such cure within the 60 day period.
10
Page 117 of 122
The Parties agree to engage in arbitration before undertaking any litigation with
regard to the terms of this Use Agreement or its breach.
10. The rights, conditions, and provisions of this Use Agreement shall inure to the
benefit of and be binding upon the successors in interest and assigns of the City
and the County.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the
day of 201_
KING COUNTY,WASHINGTON APPROVED AS TO FORM:
DATED: DATED:
CITY OF AUBURN APP• e ' D :; e ORM:
t_1.S
DATED: DATED: 2//,hg
11
Page 118 of 122
EXHIBIT 1
PROPERTY SUBJECT TO THE USE AGREEMENT
LEGAL DESCRIPTION
That portion of the William H. Brannan Donation Land Claim No. 37, in Section 6,
Township 21 North, Range 5 East, W.M., in King County, Washington, described as
follows:
Beginning at a point South 0°59'00" East 157.60 feet from the Northwest comer of
said donation claim;
Thence North 89°19'00" East 1,117.00 feet to the true point of beginning;
Thence North 89°19'00" East 1083.10 feet to the West bank of the Green River
formerly "White River");
Thence along said West bank South 17°24'00" West 59.50 feet;
Thence South 6°48'00" West 242.70 feet;
Thence South 1°25'00" West 184.50 feet;
Thence South 17° 53'00" East 153.10 feet;
Thence South 6°28'00" East 260.00 feet;
Thence South 12°25'00" East 298.90 feet;
Thence South 89°19'00" West 1,148.30 feet, more or less, to a point from which the
true pint of beginning bears North 0°59'00" West;
Thence North 0°59' 00" West 1,183.69 feet, more or less, to the true point of
beginning;
Except those portions thereof conveyed to King County for John Reddington Co.
Road by deeds recorded under Auditor's file numbers 2776025 and 2776026;
And, except portion, if any, lying within 26th Street Northeast (Also known as South
303rd Street);
And except that portion described as follows:
Commencing at the Northwest comer of said Donation Claim No. 37;
Thence North 89°19' East along the North line thereof, 1,117 feet;
Thence South 0°59' East, parallel to the West line thereof, 728.6 feet to the point of
beginning;
Thence South 0°59' East 612.27 feet;
Thence North 89°17'14" East 505 feet;
Thence Westerly along a curve to the right, the radius of which is equal to 538.42
feet through a central angle of 10°42'23", a distance of 100.61 feet;
Thence South 89°19' West 220 feet;
Thence westerly along a curve to the left, the radius of which is equal to 336.345 feet
through a central angle of 13°33'51" a distance of 79.63 feet;
Thence South 75°45'09" West 9.505 feet;
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Thence westerly along a curve to the right, the radius of which is equal to 336.345 feet
through a central angle of 13°33'51" a distance of 79.63 feet;
Thence South 89°19' West 10.00 feet to the point of beginning. (Being known as Great
Western Addition Division No. I)
And being the same as described in Warranty Deed recorded under Recording Number
7111010246, records of King County.
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EXHIBIT 2
RIGHT TO USE AREA
All that portion of the above described Exhibit "1", located in the Southeast Quarter
of Section 6, Township 21 North, Range 5 East, Willamette Meridian, King County,
Washington, lying easterly of the following described line:
Commencing at engineers station 0+00.00 point on the Levee Alignment Survey
recorded under Recording Number 20121017900001, Records of King County;
Thence N 11°03'14"W a distance of 13.24 feet to the beginning of a curve concave to
the southwest the radius point of which bears S78°56'46"W, 37.90 feet distant;
Thence along said curve through a delta angle of 48°56'36" a distance of 32.38 feet
to a point on the easterly boundary line of the property described in Exhibit "1," at
engineers station 0+45.62 on said Levee Alignment Survey and the TRUE POINT
OF BEGINNING;
Thence continuing along said curve through a delta angle of09°05'35" a distance of
6.01 feet;
Thence N69°05'25"W a distance of 97.06 feet to the beginning of a curve concave to
the northeast the radius point of which bears N20°54'35"E, 112.50 feet distant;
thence along said curve through a delta angle of 69°56'48" a distance of 137.34 feet;
Thence NO2°53'41"E a distance of 186.69 feet to the beginning of a curve concave to
the west the radius point of which bears S89°36'42"W, 659.86 feet distant;
Thence along said curve through a delta angle of 08°50'56" a distance of 101.91 feet;
Thence N 12°31'14"W a distance of 256.63 feet to the beginning of a curve concave
to the east the radius
point of which bears N 78°23'02" E, 315.34 feet distant;
Thence along said curve through a delta angle of 20°21'52" a distance of 112.08 feet;
Thence N07°49'02"E a distance of 239.99 feet to the beginning of a curve concave to
the east the radius point of which bears S 84°10'18" E, 117.61 feet distant;
Thence along said curve through a delta angle of 14°19'40" a distance of 29.41 feet;
Thence N16°58'24"E a distance of 66.40 feet;
Thence N 17°52'31"E a distance of 15.99 feet to a point on the north line of the
property described in Exhibit "1," opposite engineers station 12+95.42 on said Levee
Alignment Survey and 0.93 feet easterly measured at right angles therefrom, and the
TERMINUS OF THIS LINE.
Containing 130,031 square feet (2.99 acres).
Note: Basis of bearings for this Exhibit 2 description is Record of Survey filed under
Recording Number 20121017900001.
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EXHIBIT 3
DIAGRAM OF RIGHT TO USE AREA
KING COUNTY
REDDINGTON
BRANNAN PARK
TAX LOT # 000100-008.1 (TAX EXEMPT)
LEVEE AREA = 130,031 S0. FT. (2.99 ACRES)
12+95.42, 0.93R
PROPOSED LEVEE
ALIGNMENT PER RO
2Q121017900001) L8)
L7)
L9jL6)
C6) I 0 200 400
L - -
L10) SCALE IN FEET
L5) i
TOP OF BASIS OF BEARINGS:
LEFT BAtjK RECORD OF SURVEY AFN 20121017900001
Lt tc5) LINE AND CURVE TABLE (MEASURED)00 \' I L1: N 11'03'14" W 13.24'
1 • C1: R=37.90', DELTA=48'56'36. L=32.38'
C2: R=37.90', DELTA=09'05`35" L=6.01'
L12) . c) L2: N 69'05'25" W 97.06'
m C3: R=112.50', DELTA=69'56`48" L=137.34'
L4) 7 • L3: N 02'53'41" E 186.69'
ASSESSOR'S1 vo ' C4: R=659.86', DELTA=08'50'56" L=101.91'
PARCEL NO.: r .' L4: N 12'31'I4" E 256.63'
III,
000100-0081 I C5: R=315.34', DELTA=20'21'52" L=112.08'
C4) L13' L5: N 07'49'02" E 239.99'
C6: R=117.61', DELTA=14'19'40" L=29.41'
Ad (
L6: N 16'58'24" E 66.40'
L7: N 17'52'31" E 15.99'
L8: S 89'02'26" E 115.02'
L3) 0L9: S 19'02'34" W 59.50'
1 L10: S 08'26'34" W 242.70'
L11: S 03'03'34 W 184,50'
L14
L12: S 16'14'26" E 153.10'4 „L13; S 04'49'26" E 260:00'
C3)
L14: S 10'46'26" E 254,88'
L2} q ,(L1)
0+45:63 0+00.00
PROPOSED LEVEE ALIGNMENT PROPOSED LEVEE
PER ROS 20121017900001) ALIGNMENT)
EXHIBIT "C" EASEMENT DIAGRAM PAGE 11%C., ASSESSOR'S PARCEL NO. 000100-0081 (TAX EXEMPT)
ENGINEERS INC. SE 'A SECTION 6, TOWNSHIP 21N., RANGE 5E., W.M. OF 1
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