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HomeMy WebLinkAbout02-20-2018 CITY COUNCIL AGENDA PACKETCity Council Meeting February 20, 2018 - 7:00 P M City Hall Council Chambers A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. 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.----` r1d'" Ordinance No. 6452 January 29, 2013 Page 15 of 15 Page 25 of 122 c r -! ! i u I ? i . i ! ' r t'" ' i 1/ E 11 1 1 : + ' r h _/ t+ n I .,'_ . a . t '_ - , .. " _.'. __ : . ln .. i.-; I' rr'. a0.. -- - " ' — i_ . _ \ r1 ii .' t•_, O .' i 1 l"-. t . y f p f _ I tt' m v X 1 yaa 7 aN D i "- Sj- T- 515T- AVEeS N i-- w^ 5nr Es ssir+ av r U. P RAtLROAD ' U. P RAILROAD SRlI6j: SIp( T, I y AI SRitb7- NORTH-+- I.,., IQ pqEIFlC- AVE- S IU. P. RAILAOAD yUPRq ILROAD p p G BN S. F. RAII. ROAD h Y_ N BIN'. 5-. F. RAILROAD r a S. T- S C- STSW NW - B• 5T- NW— 3 o I 1 I V' 4 i x x Y ! eVRN. WAY. T1C S T 1NE/` f I .'_`\'?; N I ST.' N' E , i i . 444 L cl', E i f Q- i ? '•.' m yT• SE[ m - y Z I 1 I i. S t f I.." 1; lJ: j! \ c • L 7 d fJ ' N i - y 1 ' i. rzn+ v` ! n m A ESE hiL , i . a y- s 1 I i I A A l r m QQ 6 I . ._ o BNy- F. T247H' pVE SE . SU i 1 _ i. ,{; i f_ J o i ya O a i . - i -; i i 1 i i' i i O 9_° _ l. n r/" cc q r .- , . .__`' f ' . I I _ _" I 1 1 F i t : I r : l u.: t ` " i: '/ i f t... i i . 1 C i b y i f::' Page 26 of 122 C`I` upn C][I I V 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 I s-z-rH•sr1 w z 3 N E w z 9G J r— 6G,p 49jNS NE W Im Q I i 5'7 IoSE-2g 5. 5.( F I 5E-282ND 5T a I 44iH 5 T- NWI— pS o I w 3 zJ w 5E-284TH 5T—wIa rc— Y287TH-ST z a- ,qzND- S7_NEU SEd85TH3TSE286TH-ST il „, SE28I7H-ST SE 286TH-PL QB-0L-NW j sEz an i I r i J 5E-290TH S7 5Z92ND;ST a SZ92ND'ST o_____ I J i W o Q N I sFl9s Q 5-296TH-ST i n rh" Nj a w - N s o Z I I -3.'tiP-:T-Nc-J. l> w r N i a 5-300TH 54 O c 30TH3T-NE-30TH-S T NE N— s f a rI29TH-ST-IJW I Q— I w_ N L n 28TH-SFHE L- Q _ +. a 26TH-57-NW 3 I S a = a' lJ Y—Z Y J rP'- y 2 z 3E-304TH PL_ o o -='Q SE 3 H ST n 9L h i I f v m i L'Is 22ND 5T-Nw Prinred Date:t R9ROt 3 Pro osed initial buildout ali nment. FinalPg Map[reareE by City of aubum eGiS alignment and location to be determined ePnf=•=,=,Ce re,ra da e,r v, during engineering review of required P"""`e<`g s'°ah"°`°a"° g"°;° tla[a az mapped.T e City W pubum maYes no arra ry as m its accuacy.construction permits. 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 MY COMMISSION EXPIRES: wc ewn aaar uc eu o caauoo po un mrmmasro w oair sac tm. 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 Watch the meeting LIVE! Watch the meeting video Meeting videos are not available until 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: Page 3 of 7 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 Page 4 of 7 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 Page 5 of 7 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. Page 6 of 7 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. Page 1 of 7 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 Page 2 of 7 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. Page 4 of 7 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. Page 5 of 7 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. Page6of7 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 L A K ELAKETAPP STAPPS TS18 TS18 S 277TH ST SE 2 74 T H S T PACIFIC AVE SELLINGSON RD SW JOVITABLVDE 8TH ST E 132ND AVE SE124TH AVE SE136TH AVE EWESTVALLEYHWYS140TH AVE E108TH AVE SEWEST VALLEY HWY NWSTEWART RD SW VALENTINE AVE SEWESTVALLEYHWYSTEWART RD SE A ST SEWEST V A L L EYHWYSS 27 7 T H S T WESTVALLEYHWYS12TH ST E182ND AVE EMILITARY RD S9THST E AUBURN-BLACKDIAMONDRDSE16 TH S T E S 288TH ST S2 7 2NDWAY MILITARYRDSTS167 TS167 A ST SEB ST NWI ST NEAUBURN WAY S C ST SWM ST SEAUBURN WAY NR ST SE124TH AVE SEWEST VALLEY HWY N132ND AVE SES 277TH ST C ST NW15TH ST SW W MAIN ST 15TH ST NW SE 304TH ST E M AIN S T LAK E T A P PSPKW YSE 29TH ST SE SE 312TH ST 51ST AVE SKE R S E YWAYSE 8T H S T N E 37TH ST NW LA K E L A NDHI LLSWAYSEORAVETZRDSESE 320TH STDSTNW104THAVESE WESTVALLEYHWYSS 316TH ST PEASLEY CANYON R D S AUBURN-BLACKDIAMOND RD SE112TH AVE SEEAST VALLEY HWY ESE304THWAYAUBURNAVENESE 281ST ST 17TH ST SE 6TH ST SE 16TH ST NW 112TH AVE SE112TH AVE SEA ST SESE30 4 T H ST R ST SEC ST NE2ND ST E STUCK RIV ER DR SE 53RD ST SE 37TH ST SE M ST NESE 284TH ST 4 1 S T ST SE 22ND ST NE SE 288TH ST 17TH ST SE S 296TH ST 25TH ST SE 12TH ST SE R ST NEPERIMETERRDSWD ST SE4 6 T H P L S 55TH AVE SEAST BLVD56TH AVE S110TH AVE SEISTNWPACIFIC AVE S51ST AVE SM ST SE118TH AVE SEGR E E N RIVERRDSE N ST NEO ST NE69THSTSEW ST NWS 287TH ST SCENIC D R S E 62NDST S E S30 0 T H P L 44THST NW 127TH PL SE49TH ST NE K ST SE58TH AVE S4TH ST NE I ST SEEV ER G R E E N W AY SED ST NEF ST SEACADEMYDRSEDOGWOOD ST SEMONTEVISTADRSEPIKESTNEBRIDGET AVE SEH ST SEG ST SE57THPLSFRONTAGERDB ST SEFOSTER AVE SEJOHNREDDINGTONRDNE1 0 5 THPLSE140TH AVE SEMILLPONDDRSE52ND AVE S47TH ST SE 56TH ST SE S 305TH ST RIVERDRSEUSTNW54TH AVE S28TH ST NE 130TH AVE SE30TH ST NE 51S T S T N E 26TH ST SE S 3 0 0 T H S T 6 1 S T A V E S S E 2 8 7TH ST 3 2 N D S T SE 36T H STSEO L I V EAVESES E 3 1 8 T H W A Y 29TH ST NW ASTE S297THPL 24TH ST SE HEMLOCK ST SEFOREST R ID G EDR S E 23RD ST SE 22ND ST SE85TH AVE SS 288TH ST O ST SEHI G H L A NDDRSE SE 282ND ST 64TH AVE S2 7 T H S T S E 111THPLSE20 TH ST SESE326THPLSE 286TH ST HICREST DRNW1 0 4 T H P L S E 7 2 N D S T SE 16TH ST SE49TH AVE S42N D S T NE 7 3 R D S T S E 3 7 T H W A YSET ST NW57T H S T SES292NDST SE 285TH ST ELM ST SESE312T H W A Y52ND PL S6 7 THLN SE 61ST STSE GINKGO ST SE15TH ST SE45THSTNE S 303RD PL 6 3 R D S T SE 35TH W A Y SE19TH S T S E S 302ND PL 21ST ST SE 30TH ST NW HEATHER AVE SE33RD ST SE SE 30 7TH ST 55TH ST SE RANDALL AVE SEWARD AVE SE107TH PL SE42ND PL NE OLYMPIC ST SE55THWAYSE SE 286TH PL 43RD ST NE 63RD PL S59TH AVE SFIR ST SEJASMINE AVE SE66TH AVE S56TH PL SS 328TH ST C PL SES 3 29 TH PL S 321ST ST 11TH ST SE 65TH ST SE 33RD ST SEG ST SE30TH ST NE H ST SES 292ND ST SE 282ND ST R ST NE57TH ST SE SE282 NDST EVERGREENWAYSE56TH AVE SK ST SE59TH AVE S118TH AVE SE17 T H S T S E 16TH ST SE B ST SE4 9 T H S T N E S 328TH ST 11TH ST SE N ST NEM U C K L E S H O O TMUCKLESHOOTCASINOCASINO T H E T H E O U T L E T O U T L E T C O L L E C T I O N C O L L E C T I O N K E N TKENT P A C I F I CPACIFIC K I N GKINGCOUN T YCOUNTY P I E R C EPIERCECOUNTYCOUNTYSUMNERSUMNER A L G O N AALGONA E D G E W O O DEDGEWOOD P r o p o s e d O p e n S p a c e Z o n i n g A m e n d m e n t I n f o r m a t i o n s h o w n i s f o r g e n e r a l r e f e r e n c e p u r p o s e s o n l y a n d d o e s n o t n e c e s s a r i l y r e p r e s e n t e x a c t g e o g r a p h i c o r c a r t o g r a p h i c d a t a a s m a p p e d . T h e C i t y o f A u b u r n m a k e s n o w a r r a n t y a s t o i t s a c c u r a c y . P r i n t e d O n : 2 /2 /2 0 1 8Map I D : 5 9 5 7 P r o p o s e d Z o n i n g D i s t r i c t . 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; 12 Page 119 of 122 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. 13 Page 120 of 122 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. 14 Page 121 of 122 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 15 Page 122 of 122