HomeMy WebLinkAbout03-05-2018 CITY COUNCIL AGENDACity Council Meeting
March 5, 2018 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
I I I .AP P O I NT M E NT S
A .W hite River Valley Museum B oard
City Council to confirm the appointment of L eRoy J ones to the W hite River Valley
Museum B oard for a three year term expiring December 31, 2020.
(RECOM M ENDED ACTION: City Council confirm the appointment to the
White River Valley M useum Board.)
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 on 2018 Stormwater Management
Program P lan (Gaub)
City Council to hold a public hearing to accept comments on the draft 2018
Stormwater Management P rogram Plan.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
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.
Page 1 of 196
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 20, 2018 Regular City Council
Meeting
B .Minutes of the J uly 25, 2016 and August 8, 2016 S tudy
S ession Meetings
C.Claims Vouchers (Coleman)
Claims vouchers 447802 through 447913 in the amount of $421,256.92 and six wire
transfers in the amount of $717,336.70 and dated March 5, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 537793 through 537812 in the amount of $517,556.71 and
electronic deposit transmissions in the amount of $1,960,136.46 for a grand total of
$2,477,693.17 for the period covering F ebruary 15, 2018 to February 28, 2018.
(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. 6670 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, authorizing the
renewal and amendment of Ordinance No. 6452 for Zayo Group, L L C, F ranchise
A greement No. 12-41 for a telecommunications system
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6670.)
B .Ordinance No. 6672 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, amending Chapter
12.12 of the City Code relating to public sidewalks
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6672.)
C.Ordinance No. 6675 (Tate)
A n Ordinance of the City Council of the City of A uburn, Washington, approving the
City-initiated Rezoning of four parcels totaling approximately 1.34 acres located east of
C S t. NW, between W Main Street and 3rd Street NW from D UC, Downtown Urban
Center to M1, L ight I ndustrial, and the City-initiated Rezoning of an approximately 0.98-
acre parcel on the south side of S E 310th S treet, west of 124th Ave. S E from R-20,
Residential Zone 20 units to the acre, to I , I nstitutional to implement
the Comprehensive Plan and amending the City's Z oning Maps
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(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6675.)
D.Ordinance No. 6679 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
S ections 3.10.020, 3.10.025, 3.10.026, 3.12.020, 3.12.030, 3.12.060, 3.12.070 and
3.12.080 of the City Code and creating a new Section 3.10.060 of the City Code
relating to Public Contracting
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6679.)
X I .RE S O L UT IO NS
A .Resolution No. 5346 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, setting a public
hearing to consider a franchise agreement with Olympic Pipe L ine Company, L L C
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5346.)
B .Resolution No. 5349 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an I nteragency Agreement between the City of A uburn and the
A uburn S chool District relating to a project on S outh 316th Avenue between 56th
Avenue South and W Street Northwest
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5349.)
C.Resolution No. 5350 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, approving the
L odging Tax Grant disbursements recommended by the A uburn L odging Tax Advisory
Committee
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5350.)
D.Resolution No. 5351 (Faber)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
acceptance of a grant from King County and authorizing the Mayor and City Clerk to
execute the necessary contracts to accept said funds
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5351.)
E .Resolution No. 5352 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, amending Section
B , E ngineering and Public Works F ees, of the current City of Auburn Master Fee
S chedule, adding a new Subsection 15 - Mitigation and I mpact F ees for Exempt Wells
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5352.)
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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.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on 2018 Stormwater Management Program Plan
(Gaub)
Date:
February 15, 2018
Department:
CD & PW
Attachments:
Draft 2018 Stormwater Management Program
Plan
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council hold a public hearing to accept comments on the draft 2018 Stormwater
Management Program Plan.
Background Summary:
A public hearing is required to be held to accept comments on the draft 2018 Stormwater
Management Program Plan (SWMP) that was presented at the February 12, 2018 City
Council Study Session. Written comments are also being accepted through the close of
business March 5, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 5, 2018 Item Number:PH.1
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Resolution No. 5343
Exhibit “A”
CITY OF AUBURN
2018 STORMWATER MANA GEMENT
PROGRAM PLAN
City of Auburn, WA
March 2018
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Table of Contents City of Auburn 2018 SWMP Plan
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TABLE OF CONTENTS
1. INTRODUCTION........................................................................................................................................................ 1
1.1 Overview .......................................................................................................................................................... 1
1.2 Regulatory Background ................................................................................................................................... 1
1.3 City of Auburn Regulated Area ........................................................................................................................ 2
1.4 SWMP Implementation Responsibilities .......................................................................................................... 2
1.5 Document Organization ................................................................................................................................... 2
2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ........................................................................... 4
2.1 Permit Requirements ....................................................................................................................................... 4
2.2 Planned 2018 Compliance Activities ................................................................................................................ 4
3. PUBLIC EDUCATION AND OUTREACH .................................................................................................................. 5
3.1 Permit Requirements ....................................................................................................................................... 5
3.2 Planned 2018 Compliance Activities ................................................................................................................ 5
4. PUBLIC INVOLVEMENT AND PARTICIPATION ...................................................................................................... 7
4.1 Permit Requirements ....................................................................................................................................... 7
4.2 Planned 2018 Compliance Activities ................................................................................................................ 7
5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ........................................................................................... 8
5.1 Permit Requirements ....................................................................................................................................... 8
5.2 Planned 2018 Compliance Activities ................................................................................................................ 8
6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .. 10
6.1 Permit Requirements ..................................................................................................................................... 10
6.2 Planned 2018 Compliance Activities .............................................................................................................. 11
7. MUNICIPAL OPERATIONS AND MAINTENANCE ................................................................................................. 12
7.1 Permit Requirements ..................................................................................................................................... 12
7.2 Planned 2018 Compliance Activities .............................................................................................................. 13
8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ............................................................ 14
8.1 Planned 2018 Compliance Activities .............................................................................................................. 15
9. MONITORING .......................................................................................................................................................... 16
9.1 Permit Requirements ..................................................................................................................................... 16
9.2 Planned 2018 Compliance Activities .............................................................................................................. 16
APPENDIX A ............................................................................................................................................................... 17
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LIST OF TABLES
Table 2-1. 2018 Stormwater Management Administration Program Work Plan ...................................................... 4
Table 3-1. 2018 Public Education and Outreach Work Plan .................................................................................. 6
Table 4-1. 2018 Public Involvement and Participation Work Plan ........................................................................... 7
Table 5-1. 2018 Illicit Discharge Detection and Elimination Work Plan ................................................................... 8
Table 6-1. 2018 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan....... 11
Table 7-1. 2018 Municipal Operations and Maintenance Work Plan .................................................................... 13
Table 8-1. 2018 Compliance with TMDL Load Requirements Work Plan ............................................................. 15
Table 9-1. 2018 Water Quality Monitoring Work Plan ........................................................................................... 16
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CITY OF AUBURN 2018
STORMWATER MANAGEMEN T PROGRAM PLAN
1. INTRODUCTION
1.1 Overview
This document presents the City of Auburn’s Stormwater Management Program (SWMP). Preparation and
maintenance of this SWMP Plan is required by the Washington State Department of Ecology (Ecology) as a
condition of the Western Washington Phase II Municipal Stormwater Permit (the Phase II Permit). The
Phase II permit covers discharges from regulated small municipal separate storm sewer systems (MS4s). The
SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming year.
The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality,
and meet the requirements of the federal Clean Water Act.
Appendix A includes acronyms and definitions from the Permit to help the reader understand the City’s
Stormwater Management Program.
1.2 Regulatory Background
The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the
federal Clean Water Act, which is intended to protect and restore waters for “fishable, swimmable” uses. The
federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental
agencies, and these agencies can set permit conditions in accordance with and in addition to the minimum
federal requirements. In Washington, the NPDES-delegated permit authority is the Washington State
Department of Ecology (Ecology).
In Washington, municipalities with a population of over 100,000 are designated as Phase I communities and
must comply with Ecology’s Phase I NPDES Municipal Stormwater Permit. Auburn’s population is below
the 100,000 threshold, so the City must comply with the Phase II Municipal Stormwater Permit. About 100
other municipalities in Washington must also comply with the Phase II Permit, as operators of small
municipal separate storm sewer systems (MS4s). Ecology’s Phase II Municipal Stormwater Permit is available
on Ecology’s website at
https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-general-permits/Municipal-
stormwater-general-permits/Western-Washington-Phase-II-Municipal-Stormwat-(1)
The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the
state’s water bodies (e.g., streams, rivers, lakes, wetlands, and aquifers) as long as municipalities implement
programs to protect water quality by reducing the discharge of “non-point source” pollutants to the
“maximum extent practicable” (MEP) through application of Permit-specified “best management practices”
(BMPs). The BMPs specified in the Permit are collectively referred to as the Stormwater Management
Program (SWMP) and grouped under the following Program components:
Public Education and Outreach
Public Involvement and Participation
Illicit Discharge Detection and Elimination
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1: Introduction City of Auburn 2018 SWMP Plan
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Controlling Runoff from New Development, Redevelopment, and Construction Sites
Municipal Operations and Maintenance
In addition to the SWMP components the Permit contains special conditions covering:
Compliance with Total Maximum Daily Load requirements
Monitoring and Assessment
Reporting Requirements
The Permit issued by Ecology became effective on August 1, 2013, was modified January 16, 2014 and
expires on July 31, 2018. Ecology has decided to extend the Permit for one year as they prepare the
new permit conditions. In accordance with WAC 173-226-220(3), the current (2013 – 2018) permit
will remain in effect during the extension. The Permit requires the City to submit an annual report no
later than March 31st of each year on progress in SWMP implementation. The Permit also requires submittal
of a SWMP Plan which describes proposed SWMP activities for the current calendar year. The SWMP Plan
is to be updated annually and be included in the submittal of the previous year’s annual report.
1.3 City of Auburn Regulated Area
The Western Washington Phase II Permit applies to operators of regulated small MS4s that discharge
stormwater to waters of Washington State located west of the crest of the Cascade Range (west of the eastern
boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania counties). For cities, the
Permit requirements extend to those areas of each City that drain to MS4s. Most of Auburn drains to MS4s
that ultimately discharge into the Green River, the White River, or Mill Creek. In addition, some portions of
the City drain to public infiltration facilities where the stormwater soaks into the ground.
1.4 SWMP Implementation Responsibilities
The Utilities Engineering Division in the Community Development and Public Works Department
coordinates the overall administration of efforts to comply with Permit requirements. The work plan tables
in each Chapter provide the lead departments for the associated task. Other major departments/divisions
included in the 2018 SWMP implementation are Maintenance and Operations (M&O), Human Resources
(HR), Development Engineering, Permit Center, Innovation and Technology (IT), and Parks.
1.5 Document Organization
The contents of this document are based upon Permit requirements and Ecology’s “Guidance for City and
County Annual Reports for Western Washington, Phase II Municipal Stormwater General Permits.” The
program components of this SWMP are organized as listed in the Permit:
Section 2.0 addresses administering the City’s Stormwater Management Program.
Section 3.0 addresses public education and outreach.
Section 4.0 addresses public involvement and participation.
Section 5.0 addresses illicit discharge detection and elimination.
Section 6.0 addresses controlling runoff from new development, redevelopment, and construction
sites.
Section 7.0 addresses municipal operations and maintenance.
Section 8.0 addresses compliance with TMDL requirements.
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1: Introduction City of Auburn 2018 SWMP Plan
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Section 9.0 addresses monitoring.
Each section includes a summary of the relevant Permit requirements and a table showing the planned
activities for 2018. This document also includes acronyms and definitions in Appendix A for easy reference.
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CITY OF AUBURN 2018
STORMWATER MANAGEMEN T PROGRAM PLAN
2. STORMWATER MANAGEMEN T PROGRAM ADMINISTRA TION
This section of the SWMP describes Permit requirements related to overall Stormwater Management
Program administration, and planned compliance activities for 2018.
2.1 Permit Requirements
The Permit (Section S5.A) requires the City to fulfill the following actions during the 5-year Permit cycle:
Develop and implement a Stormwater Management Program (SWMP) and prepare written
documentation (SWMP Plan) for submittal to Ecology by March 31 of each year. The purpose of the
SWMP is to reduce the discharge of pollutants from the municipal stormwater system to the maximum
extent practicable and thereby protect water quality. The SWMP Plan is intended to inform the public
of the planned SWMP activities for the upcoming calendar year, including any actions to meet the
requirements of S7 Compliance with Total Maximum Daily Load Requirements, and S8 Monitoring.
Implement a program for gathering, tracking, maintaining, and using information to evaluate SWMP
development, implementation and permit compliance and to set priorities.
Coordinate with other permittees on stormwater related policies programs, and projects within
adjacent or shared areas.
Coordinate between City departments to eliminate barriers to compliance with the terms of the permit.
2.2 Planned 2018 Compliance Activities
Auburn has positioned itself to maintain compliance. Table 2-1 presents the proposed work plan for the 2018
SWMP administration activities.
Table 2-1. 2018 Stormwater Management Administration Program Work Plan
Task ID Task Description Lead Compliance
Timeframe
SWMP-1
Revise and update the City’s Stormwater
Management Program Plan (SWMP Plan) to identify
planned SWMP activities for 2018.
Utilities
Engineering
The SWMP submittal is due
by March 31st of each year.
SWMP-2 Track program element implementation. Utilities
Engineering
Annual Reporting is due by
March 31st of each year.
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CITY OF AUBURN 2018
STORMWATER MANAGEMEN T PROGRAM PLAN
3. PUBLIC EDUCATION AND OUTREACH
This section describes the Permit requirements related to public education and outreach, and planned
compliance activities for 2018.
3.1 Permit Requirements
The Permit (Section S5.C.1) requires the City to fulfill the following actions during the 5-year Permit cycle:
Prioritize and target education and outreach activities to specified audiences, including the general
public, businesses, residents/homeowners, landscapers, property managers, engineers, contractors,
developers, and land use planners to build general awareness and to effect behavior change with the
intent to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater
impacts.
Have an outreach program that is designed to improve the target audience’s understanding of the
problem and what they can do to solve it.
Create and/or partner with existing organizations to encourage residents to participate in stewardship
opportunities.
Measure the understanding and adoption of the targeted behaviors for at least one target audience in at
least one subject area. Use the resulting measurements to direct education and outreach resources
most effectively.
Track and maintain records of public education and outreach activities.
3.2 Planned 2018 Compliance Activities
The City plans to continue the program that has been developed over the permit cycle. The target audiences
include:
The general public
Businesses (including home-based and mobile businesses)
Residents/homeowners
Landscapers
Property managers
Engineers, contractors, developers and land use planners
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Table 3-1 presents the work plan for the 2018 SWMP public education and outreach activities.
Table 3-1. 2018 Public Education and Outreach Work Plan
Task ID Task Description Lead Compliance
Timeframe
EDUC-1
Continue collaboration with other NPDES
municipalities through Stormwater Outreach for
Regional Municipalities (STORM) and Puget Sound
Starts Here efforts to promote regional education and
outreach programs.
Utilities
Engineering
Refinements to existing
public education and
outreach activities are on-
going.
EDUC-2
Refine education and outreach strategy to supplement
existing education activities. An example would be
evaluating the current pet waste cleanup education
strategy to determine whether more frequent outreach
is required.
Utilities
Engineering
EDUC-3
Implement new or modify existing education and
outreach activities. An example would be adding the
new school classroom education program.
Utilities
Engineering
EDUC-4
Staff training related to Surface Water Management
Manual Implementation/Technical Standards:
Permitting
Plan Review
Site Inspections
Maintenance Standards.
Community
Development
and Public
Works
Department
EDUC-4a
Educate select city staff and elected officials to
develop a common level of knowledge related to Low
Impact Development stormwater management
techniques.
Community
Development
and Public
Works
Department
Ongoing
EDUC-4b
Educate the general public and developers to develop
a common level of knowledge related to Low Impact
Development stormwater management principles and
techniques.
Community
Development
and Public
Works
Department
Ongoing
EDUC-5
Inform public employees, businesses and the general
public of the hazards associated with illegal
discharges and improper disposal of waste.
Utilities
Engineering Ongoing
EDUC-6
Provide stewardship opportunities such as planting
native plants and invasive species removal at the
Auburn Environmental park.
Environmental
Services
Ongoing
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CITY OF AUBURN 2018
STORMWATER MANAGEMEN T PROGRAM PLAN
4. PUBLIC INVOLVEMENT AND PARTICIPATION
This section describes the Permit requirements related to public involvement and participation, and planned
compliance activities for 2018.
4.1 Permit Requirements
The Permit (Section S5.C.2) requires the City to fulfill the following actions during the 5-year Permit cycle:
Provide ongoing opportunities for public involvement and participation through advisory boards or
commissions, public hearings, watershed committees, public participation in developing rate structures
and budgets, or other similar activities. The public must be able to participate in the decision-making
processes, including development, implementation, and update of the SWMP.
Make the SWMP Plan and Annual Compliance Report available to the public, by posting on the City’s
website. Make any other documents required to be submitted to Ecology in response to Permit conditions
available to the public.
4.2 Planned 2018 Compliance Activities
The City of Auburn has a history of including the public in decision making. Table 4-1 below presents the
work plan for the 2018 SWMP public involvement and participation activities.
Table 4-1. 2018 Public Involvement and Participation Work Plan
Task ID Task Description Lead Compliance
Timeframe
PI-1 Provide public involvement opportunities for annual
SWMP update.
Utilities
Engineering Public involvement
opportunities will be available
before the March 31, 2018
submittal. PI-2 Make SWMP document Report available to public by
posting on the City website.
Utilities
Engineering
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CITY OF AUBURN 2018
STORMWATER MANAGEMEN T PROGRAM PLAN
5. ILLICIT DISCHARGE DE TECTION AND ELIMINAT ION
This section describes the Permit requirements related to illicit discharge detection and elimination (IDDE),
and planned compliance activities for 2018.
5.1 Permit Requirements
The Permit (Section S5.C.3) requires the City to fulfill the following actions during the 5-year Permit cycle:
Implement an ongoing program to detect and remove illicit discharges, connections, and improper
disposal, including any spills into the municipal separate storm sewers owned or operated by the City.
Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and implement an
ongoing program to detect and address illicit discharges.
Publicly list and publicize a hotline or other local telephone number for public reporting of spills and
other illicit discharges. Track illicit discharge reports and actions taken in response through close-out,
including enforcement actions.
Inform public employees, businesses and the general public of hazards associated with illegal
discharges and improper disposal of waste.
Train staff on proper IDDE response SOPs and train municipal field staff to recognize and report
illicit discharges.
Summarize all illicit discharges and connections reported to the City and response actions taken,
including enforcement actions, in the Annual Compliance Report; identify any updates to the SWMP.
5.2 Planned 2018 Compliance Activities
Table 5-1 presents the work plan for 2018 SWMP illicit discharge detection and elimination activities.
Table 5-1. 2018 Illicit Discharge Detection and Elimination Work Plan
Task ID Task Description Lead Compliance
Timeframe
IDDE-1
Continue to implement City-wide IDDE Program and
develop any necessary supplemental IDDE activities.
Enforce ACC 13.48.210 using education and technical
support as a first action and escalating code
enforcement as needed. Publicize a phone number
for public reporting of spills and illicit discharges.
Utilities
Engineering Ongoing
IDDE-2 Continue to review and update storm system map to
address data gaps and Permit requirements.
Utilities
Engineering/IT Ongoing
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IDDE-3 Provide IDDE training to new hires in Utility
Engineering and Maintenance & Operations.
Utilities
Engineering Ongoing
IDDE-4 Perform IDDE field screening of at least 12% of MS4
annually.
Utilities
Engineering and
M&O
Ongoing
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CITY OF AUBURN 2018
STORMWATER MANAGEMEN T PROGRAM PLAN
6. CONTROLLING RUNOFF F ROM NEW DEVELOPMENT,
REDEVELOPMENT, AND C ONSTRU CTION SITES
This section describes the Permit requirements related to controlling runoff from new development,
redevelopment, and construction sites, and planned compliance activities for 2018.
6.1 Permit Requirements
The Permit (Section S5.C.4) requires the City to fulfill the following actions during the 5-year Permit cycle:
Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to
the municipal separate storm sewer system from new development, redevelopment, and construction
site activities. The program must apply to both private and public projects, including roads, and
address all construction/development-associated pollutant sources.
Have adopted regulations (codes and standards), plan review, inspection, and escalating enforcement
SOPs necessary to implement the program in accordance with Permit conditions, including the
minimum technical requirements in Appendix 1 of the Permit by December 31, 2016.
Review, revise and make effective local development-related codes, rules, standards, or other
enforceable documents to incorporate and require Low Impact Development (LID) principles and
LID best management practices (BMPs) with the intent of making LID the preferred and commonly-
used approach to site development by December 31, 2016.
Participate in watershed-scale stormwater planning under condition S5.C.4.c of the Phase I Municipal
Stormwater General Permit if required.
Have adopted regulations (codes and standards) and processes to verify adequate long-term operations
and maintenance of new post-construction permanent stormwater facilities and BMPs in accordance
with Permit conditions, including an annual inspection frequency and/or approved alternative
inspection frequency and maintenance standards for private drainage systems as protective as those in
Chapter 4 of Volume V of the 2012 Ecology Stormwater Management Manual for Western
Washington by December 31, 2016.
Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives
of the proposed new development and redevelopment.
Provide training to staff on the new codes, standards, and SOPs and create public education and
outreach materials.
Record and maintain records of all inspections and enforcement actions by staff.
Summarize annual activities for the “Controlling Runoff” component of the Annual Compliance
Report; identify any updates to the SWMP.
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and Construction Sites City of Auburn 2018 SWMP Plan
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6.2 Planned 2018 Compliance Activities
The City has a program to help reduce stormwater runoff from new development and construction sites.
Table 6-1 presents the work plan for 2018 SWMP activities related to runoff control for new development,
redevelopment, and construction sites.
Table 6-1. 2018 Controlling Runoff from Development, Redevelopment, and Construction Sites Work
Plan
Task ID Task Description Lead Compliance
Timeframe
CTRL-1
Track and report construction, new development, and
redevelopment permits, inspections and enforcement
actions.
Planning/ Permit
Center On-going
CTRL-1a
Prior to clearing and construction, inspect all permitted
development sites that have a high potential for
sediment transport.
Construction On-going
CTRL-1b Inspect all permitted development sites during
construction. Construction On going
CTRL-1c
Inspect all permitted development sites upon
completion of construction and prior to final approval
or occupancy.
Construction Ongoing
CTRL-1d
Inspect all permanent stormwater treatment and flow
control BMPs/facilities and catch basins in new
residential developments every six months until 90%
of the lots are constructed or construction has stopped
and site is fully stabilized.
Construction Ongoing
CTRL-2
Conduct annual inspection of all treatment and flow
control BMPs/facilities (other than catch basins) – i.e.,
private systems.
Utilities
Engineering On-going
CTRL-6
Provide copies of the “Notice of Intent for Construction
Activity” and copies of the “Notice of Intent for
Industrial Activity” to representatives of proposed new
development and redevelopment.
Permit Center Ongoing
CTRL-7
Enforce local ordinances controlling runoff from sites
that are also covered by stormwater permits issued by
Ecology.
Construction
and Code
Enforcement
Ongoing
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CITY OF AUBURN 2018
STORMWATER MANAGEMEN T PROGRAM PLAN
7. MUNICIPAL OPERATIONS AND MAINTENANCE
This section describes the Permit requirements related to municipal operations and maintenance, and planned
compliance activities for 2018.
7.1 Permit Requirements
The Permit (Section S5.C.5) requires the City to fulfill the following actions during the 5-year Permit cycle:
Implement an O&M program, with the ultimate goal of preventing or reducing pollutant runoff from
municipal separate stormwater system and municipal O&M activities.
Implement maintenance standards for the municipal separate stormwater system that are at least as
protective as those specified in the 2012 Stormwater Management Manual for Western Washington as
amended in 2014.
Conduct annual inspection of all municipally owned or operated permanent stormwater treatment and
flow control BMPs/facilities and perform maintenance as needed to comply with maintenance
standards.
Inspect all catch basins and inlets owned or operated by the City at least once no later than August 1,
2017 and every two years thereafter. Clean the catch basins if inspections indicate cleaning is needed
to comply with maintenance standards.
Check treatment and flow control facilities after major storms and perform repairs as needed in
accordance with adopted maintenance standards.
Have SOPs in place to reduce stormwater impacts associated with runoff from municipal O&M
activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by
the City, and to reduce pollutants in discharges from all lands owned or maintained by the City.
Train staff to implement the SOPs and document the training.
Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or
storage yards identified for year-round facilities or yards, and material storage facilities owned or
operated by the City.
Summarize annual activities for the “Pollution Prevention and Operations and Maintenance for
Municipal Operations” component of the Annual Compliance Report; identify any updates to the
SWMP.
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7.2 Planned 2018 Compliance Activities
Table 7-1 presents the work plan for 2018 SWMP activities related to municipal operations and maintenance.
Table 7-1. 2018 Municipal Operations and Maintenance Work Plan
Task ID Task Description Responsible Schedule Notes
MOM-1
Conduct annual inspection of all treatment and flow
control (other than catch basins) in the public system
and perform maintenance as triggered by the
maintenance standards.
Community
Development and
Public Works
Department
On-going
MOM-2
Continue catch basin inspections at a rate that
ensures all catch basins are inspected every two
years.
M&O On-going
MOM-2a Clean catch basin as needed based on inspection
results. M&O Ongoing
MOM-3
Perform street sweeping to reduce the amount of
street waste that enters the storm drainage
conveyance system.
M&O Ongoing
MOM-4 Implement SWPPPs at M&O, Parks-GSA, Cemetery
M&O
Parks
Cemetery
Ongoing
MOM-5
Implement Low Impact Development maintenance
standards, levels of service and inspection
procedures adopted in 2016.
Community
Development and
Public Works,
and Parks
Departments
Ongoing
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CITY OF AUBURN 2018
STORMWATER MANAGEMENT PROGRAM PLAN
8. COMPLIANCE WITH TOTA L MAXIMUM DAILY LOAD
REQUIREMENTS
The federal Clean Water Act requires that Ecology establish “Total Maximum Daily Loads” (TMDL) for
rivers, streams, lakes, and marine waters that don’t meet water quality standards. A TMDL is a calculation of
the maximum amount of a pollutant that a water body can receive and still meet water quality standards.
After the TMDL has been calculated for a given water body, Ecology determines how much each source
must reduce its discharges of the pollutant in order bring the water body back into compliance with the water
quality standards. TMDL requirements are included in the stormwater NPDES permits for discharges into
affected water bodies.
Stormwater discharges covered under this Permit are required to implement actions necessary to achieve the
pollutant reductions called for in applicable TMDLs. Applicable TMDLs are those approved by the EPA
before the issuance date of the Permit or which have been approved by the EPA prior to the issue date of the
Permit or the date Ecology issues coverage under the Permit, whichever is later. Information on Ecology’s
TMDL program is available on Ecology’s website at https://ecology.wa.gov/Water-Shorelines/Water-
quality/Water-improvement/Total-Maximum-Daily-Load-process .
In accordance with Permit condition S7 Compliance with Total Maximum Daily Load Requirements the City
must comply with the following TMDL.
Name of TMDL Puyallup Watershed Water Quality Improvement Project
Document(s) for
TMDL
Puyallup River Watershed Fecal Coliform Total Maximum Daily Load – Water Quality
Improvement Report and Implementation Plan, June 2011, Ecology Publication No. 11-10-
040. https://fortress.wa.gov/ecy/publications/SummaryPages/1110040.html
Location of
Original 303(d)
Listings
Puyallup River 16712, 7498, White River 16711, 16708, 16709, Clear Creek 7501,
Swan Creek 7514, Boise Creek 16706
Area Where TMDL
Requirements
Apply
Requirements apply in all areas regulated under the Permittee’s municipal
stormwater permit and discharging to water bodies listed within the specific
requirement in this TMDL section.
Parameter Fecal Coliform
EPA Approval
Date
September 2011
MS4 Permittee Phase I Permit: King County, Pierce County
Phase II Permit: Auburn, Edgewood, Enumclaw, Puyallup, Sumner
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Actions required of the City under this TMDL include:
Beginning no later than October 1, 2013, conduct twice monthly wet weather sampling of
stormwater discharges to the White River at Auburn Riverside High School to determine if specific
discharges from Auburn’s MS4 exceed the water quality criteria for fecal coliform bacteria.
o Data shall be collected for one wet season.
o Data shall be collected in accordance with an Ecology-approved QAPP.
o Data collected since EPA TMDL approval can be used to meet this requirement.
These actions have been completed.
For any of the outfalls monitored, showing discharges that exceed water quality criteria for primary
contact recreation: designate those areas discharging via the MS4 of concern as high priority areas for
illicit discharge detection and elimination efforts and implement the schedules and activities identified
in S5.C.3 of the Western Washington Phase II permit for response to any illicit discharges found
beginning no later than August 1, 2014.
This action has been completed.
Install and maintain pet waste education and collection stations at municipal parks and other
Permittee owned and operated lands adjacent to streams. Focus on locations where people
commonly walk their dogs.
8.1 Planned 2018 Compliance Activities
Table 8-1 presents the work plan for 2018 SWMP activities related to TMDL requirement compliance.
Table 8-1. 2018 Compliance with TMDL Load Requirements
Task ID Task Description Responsible Schedule Notes
TMDL - 1
Include summary of activities conducted in TMDL
area to address TMDL parameter (fecal coliform) with
annual report to Ecology.
Utilities
Engineering March 31, 2018
TMDL-2
Maintain pet waste education and collection stations
at municipal parks and other public lands adjacent to
the White River and its tributaries.
Parks
Department On-going
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CITY OF AUBURN 2018
STORMWATER MANAGEMEN T PROGRAM PLAN
9. M ONITORING
This section describes the Permit requirements related to water quality monitoring, and planned compliance
activities for 2018.
9.1 Permit Requirements
The Permit (Section S8) requires the City to either conduct Status and Trends Monitoring, and Effectiveness
Studies, or pay annually into a collective fund to implement monitoring through the Regional Stormwater
Monitoring Program (RSMP). The RSMP was renamed in 2017 and is now called SAM (Stormwater Action
Monitoring), other than a new name the program remains the same. The City committed in 2013 to pay
$45,096.00 annually into the collective RSMP monitoring fund for both Status and Trends Monitoring and
Effectiveness Studies.
All permittees are required to pay into the RSMP to implement the RSMP Source Identification Information
Repository (SIDIR). Auburn’s annual payment will be $2,614.00.
During the one year permit extension these payments will remain the same and are due to the Department of
Ecology by August 15th each year.
The City is required to provide the following monitoring and/or assessment data in each annual report:
A description of any stormwater monitoring or studies conducted by the City during the reporting
period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations
conducted by other entities were reported to the City, a brief description of the type of information
gathered or received shall be included in the annual report.
9.2 Planned 2018 Compliance Activities
Table 9-1 presents the work plan for 2018 SWMP monitoring activities.
Table 9-1. 2018 Water Quality Monitoring Work Plan
Task ID Task Description Lead Compliance
Timeframe
MNTR -1
Pay $47,710.00 annually into the RSMP collective
fund for implementation of Status and Trends
Monitoring, Effectiveness Studies, and the Source
Identification Information Repository.
Utilities
Engineering
Annual payment due by
August 15th.
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APPENDIX A
Acronyms and Definitions
The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here
for the reader’s convenience.
40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and
permanent rules published in the Federal Register by the executive departments and agencies of the
federal government.
AKART means all known, available, and reasonable methods of prevention, control and treatment. See
also State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW.
All known, available and reasonable methods of prevention, control and treatment refers to the State
Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW.
Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance date of
this Permit, or prior to the date that Ecology issues coverage under this Permit, whichever is later.
Beneficial Uses means uses of waters of the state which include but are not limited to use for
domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife
maintenance and enhancement, recreation, generation of electric power and preservation of
environmental and aesthetic values, and all other uses compatible with the enjoyment of the public
waters of the state.
Best Management Practices are the schedules of activities, prohibitions of practices, maintenance
procedures, and structural and/or managerial practices approved by Ecology that, when used singly
or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters
of Washington State.
BMP means Best Management Practice.
Bypass means the diversion of stormwater from any portion of a stormwater treatment facility.
Census defined urban area means Urbanized Area.
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Circuit means a portion of a MS4 discharging to a single point or serving a discrete area
determined by traffic volumes, land use, topography or the configuration of the MS4.
Component or Program Component means an element of the Stormwater Management Program listed
in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater
Management Program for Secondary Permittees , S7 Compliance with Total Maximum Daily Load
Requirements, or S8 Monitoring of this permit.
Conveyance system means that portion of the municipal separate storm sewer system designed or used
for conveying stormwater.
Co-Permittee means an owner or operator of an MS4 which is in a cooperative agreement with at least
one other applicant for coverage under this permit. A Co-Permittee is an owner or operator of a
regulated MS4 located within or in proximity to another regulated MS4. A Co- Permittee is only
responsible for permit conditions relating to discharges from the MS4 the Co- Permittee owns or
operates. See also 40 CFR 122.26(b)(1)
CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal
Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub.
L. 95-576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq).
Director means the Director of the Washington State Department of Ecology, or an authorized
representative.
Discharge Point means the location where a discharge leaves the Permittee’s MS4 through the
Permittee’s MS4 facilities/BMPs designed to infiltrate.
Entity means a governmental body, or a public or private organization.
EPA means the U.S. Environmental Protection Agency.
General Permit means a permit which covers multiple dischargers of a point source category within a
designated geographical area, in lieu of individual permits being issued to each discharger.
Ground water means water in a saturated zone or stratum beneath the surface of the land or below a
surface water body. Refer to chapter 173-200 WAC.
Hazardous substance means any liquid, solid, gas, or sludge, including any material, substance, product,
commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological
properties described in WAC 173-303-090 or WAC 173-303-100.
Heavy equipment main tenance or storage yard means an uncovered area where any heavy equipment,
such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or
maintained, or where at least five pieces of heavy equipment are stored on a long- term basis.
Highway means a main public road connecting towns and cities.
Hydraulically near means runoff from the site discharges to the sensitive feature without significant
natural attenuation of flows that allows for suspended solids removal. See Appendix 7 Determining
Construction Site Sediment Damage Potential for a more detailed definition.
Hyperchlorinated means water that contains more than 10 mg/Liter chlorine.
Illicit connection means any infrastructure connection to the MS4 that is not intended, permitted or used
for collecting and conveying stormwater or non-stormwater discharges allowed as specified in this
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permit (S5.C.3 and S6.D.3). Examples include sanitary sewer connections, floor drains, channels,
pipelines, conduits, inlets, or outlets that are connected directly to the MS4.
Illicit discharge means any discharge to a MS4 that is not composed entirely of stormwater or of non-
stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3).
Impervious surface means a non-vegetated surface area that either prevents or retards the entry of water
into the soil mantle as under natural conditions prior to development. A non- vegetated surface area
which causes water to run off the surface in greater quantities or at an increased rate of flow from the
flow present under natural conditions prior to development. Common impervious surfaces include,
but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas,
concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other
surfaces which similarly impede the natural infiltration of stormwater.
Land disturbing activity means any activity that results in a change in the existing soil cover (both
vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include,
but are not limited to clearing, grading, filling and excavation. Compaction that is associated with
stabilization of structures and road construction shall also be considered land disturbing activity.
Vegetation maintenance practices, including landscape maintenance and gardening, are not
considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing
activity if conducted according to established standards and procedures.
LID means Low Impact Development.
LID BMP means low impact development best management practices.
LID Principles means land use management strategies that emphasize conservation, use of on- site
natural features, and site planning to minimize impervious surfaces, native vegetation loss, and
stormwater runoff.
Low Impact Development means a stormwater and land use management strategy that strives to mimic
pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by
emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater
management practices that are integrated into a project design.
Low impact development best management practices means distributed stormwater management
practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of
infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to,
bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and
depth, vegetated roofs, minimum excavation foundations, and water re-use.
Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular,
etc.) are stored in piles, barrels, tanks, bins, crates, or other means.
Maximum Extent Practicable refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which
reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce
the discharge of pollutants to the maximum extent practicable, including management practices, control
techniques, and s ystem, design, and engineering methods, and other such provisions as the
Administrator or the State determines appropriate for the control of such pollutants.
MEP means Maximum Extent Practicable.
MS4 means municipal separate storm sewer s ystem.
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Municipal Separate Storm Sewer System means a conveyance, or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains):
(i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other
public body (created by or pursuant to state law) having jurisdiction over disposal of wastes,
stormwater, or other wastes, including special districts under State law such as a sewer district,
flood control district or drainage district, or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved management agency under section 208
of the CWA that discharges to waters of Washington State.
(ii) Designed or used for collecting or conveying stormwater.
(iii) Which is not a combined sewer;
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR
122.2.; and
(v) Which is defined as “large” or “medium” or “small” or otherwise designated by
Ecology pursuant to 40 CFR 122.26.
National Pollutant Discharge Elimination System means the national program for issuing, modifying,
revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing
pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for
the discharge of pollutants to surface waters of the state from point sources. These permits are
referred to as NPDES permits and, in Washington State, are administered by the Washington State
Department of Ecology.
Native vegetation means vegetation comprised of plant species, other than noxious weeds, that are
indigenous to the coastal region of the Pacific Northwest and which reasonably could have been
expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock,
western red cedar, alder, big-leaf maple; shrubs such as willow, elderberry, salmonberry, and salal; and
herbaceous plants such as sword fern, foam flower, and fireweed.
New development means land disturbing activities, including Class IV General Forest Practices that are
conversions from timber land to other uses; structural development, including construction or
installation of a building or other structure; creation of hard surfaces; and subdivision, short
subdivision and binding site plans, as defined and applied in chapter 58.17 RCW. Projects meeting the
definition of redevelopment shall not be considered new development. Refer to Appendix 1 for a
definition of hard surfaces.
New Permittee means a city, town, or county that is subject to the Western Washington
Municipal Stormwater General Permit and was not subject to the permit prior to August 1,
2013.
New Secondary Permittee means a Secondary Permittee that is covered under a municipal
stormwater general permit and was not covered by the permit prior to August 1, 2013.
NOI means Notice of Intent.
Notice of Intent means the application for, or a request for coverage under a General Permit
pursuant to WAC 173-226-200.
Notice of Intent for Construction Activity means the application form for coverage under the
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Construction Stormwater General Permit.
Notice of Intent for Industrial Activity means the application form for coverage under the
General Permit for Stormwater Discharges Associated with Industrial Activities.
NPDES means National Pollutant Discharge Elimination System.
Outfall means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the
Permittee’s MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not
include pipes, tunnels, or other conveyances which connect segments of the same stream or other
surface waters and are used to convey primarily surface waters (i.e., culverts).
Permeable pavement means pervious concrete, porous asphalt, permeable pavers or other forms of
pervious or porous paving material intended to allow passage of water through the pavement section.
It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.
Permittee unless otherwise noted, the term “Permittee” includes city, town, or county Permittee, Co-
Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee.
Physically Interconnected means that one MS4 is connected to another storm sewer system in such a way
that it allows for direct discharges to the second s ystem. For example, the roads with drainage systems
and municipal streets of one entity are physically connected directly to a storm sewer system belonging
to another entity.
Project site means that portion of a property, properties, or right-of-ways subject to land disturbing
activities, new hard surfaces, or replaced hard surfaces. Refer to Appendix 1 for a definition of hard
surfaces.
QAPP means Quality Assurance Project Plan.
Qualified Personnel means someone who has had professional training in the aspects of stormwater
management for which they are responsible and are under the functional control of the Permittee.
Qualified Personnel may be staff members, contractors, or volunteers.
Quality Assurance Project Plan means a document that describes the objectives of an
environmental study and the procedures to be followed to achieve those objectives.
RCW means the Revised Code of Washington State.
Receiving waterbody or receiving waters means naturally and/or reconstructed naturally occurring
surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters,
or ground water, to which infiltration MS4 discharges.
Redevelopment means, on a site that is already substantially developed (i.e., has 35% or more of existing
hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint
or addition or replacement of a structure; structural development including construction, installation or
expansion of a building or other structure; replacement of hard surface that is not part of a routine
maintenance activity; and land disturbing activities. Refer to Appendix 1 for a definition of hard
surfaces.
Regional Stormwater Monitoring Program means, for all of western Washington, a stormwater-
focused monitoring and assessment program consisting of these components: status and trends
monitoring in small streams and marine nearshore areas, stormwater management program
effectiveness studies, and a source identification information repository (SIDIR). The priorities and
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scope for the RSMP are set by a formal stakeholder group. For this permit term, RSMP status and
trends monitoring will be conducted in the Puget Sound basin only.
Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm
Sewer System which is automatically designated for inclusion in the Phase II stormwater permitting
program by its location within an Urbanized Area, or by designation by Ecology and is not eligible
for a waiver or exemption under S1.C.
RSMP means Regional Stormwater Monitoring Program.
Runoff is water that travels across the land surface and discharges to water bodies either directly or
through a collection and conveyance s ystem. See also “Stormwater.”
Secondary Permittee is an operator of a regulated small MS4 which is not a city, town or county.
Secondar y Permittees include special purpose districts and other public entities that meet the criteria
in S1.B.
Sediment/Erosion-Sensitive Feature means an area subject to significant degradation due to the effect of
construction runoff, or areas requiring special protection to prevent erosion. See Appendix 7
Determining Construction Site Sediment Transport Potential for a more detailed definition.
Shared water bodies means water bodies, including downstream segments, lakes and estuaries that
receive discharges from more than one Permittee.
SIDIR means Source Identification Information Repository.
Significant contributor means a discharge that contributes a loading of pollutants considered to be
sufficient to cause or exacerbate the deterioration of receiving water quality or instream habitat
conditions.
Small Municipal Separate Storm Sewer System means an MS4 that is not defined as “large” or
“medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 (a)(1)(v).
Source control BMP means a structure or operation that is intended to prevent pollutants from coming
into contact with stormwater through physical separation of areas or careful management of activities
that are sources of pollutants. The SWMMWW separates source control BMPs into two types.
Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are
intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural
practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the
SWMMWW (2012) for details.
Stormwater means runoff during and following precipitation and snowmelt events, including surface
runoff, drainage or interflow.
Stormwater Associated with Industrial and Construction Activity means the discharge from any
conveyance which is used for collecting and conveying stormwater, which is directly related to
manufacturing, processing or raw materials storage areas at an industrial plant, or associated with
clearing, grading and/or excavation, and is required to have an NPDES permit in accordance with 40
CFR 122.26.
Stormwater Management Program means a set of actions and activities designed to reduce the discharge
of pollutants from the MS4 to the MEP and to protect water quality, and comprising the components
listed in S5 (for cities, towns and counties) or S6 (for Secondary Permittees) of this Permit and any
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additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 Compliance
with TMDL Requirements, and S8 Monitoring and Assessment.
Stormwater Treatment and Flow Control BMPs/Facilities means detention facilities, treatment
BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Appendix 1
Minimum Requirements #6 (treatment), #7 (flow control), or both.
SWMMWW or Stormwater Management Manual for Western Washington means Stormwater
Management Manual for Western Washington (as amended in 2014).
SWMP means Stormwater Management Program.
TMDL means Total Maximum Daily Load.
Total Maximum Daily Load means a water cleanup plan. A TMDL is a calculation of the maximum
amount of a pollutant that a water body can receive and still meet water quality standards, and an
allocation of that amount to the pollutant’s sources. A TMDL is the sum of the allowable loads of a
single pollutant from all contributing point and nonpoint sources.
The calculation must include a margin of safety to ensure that the water body can be used for the
purposes the state has designated. The calculation must also account for seasonable variation in water
quality. Water quality standards are set by states, territories, and tribes. They identify the uses for each
water body, for example, drinking water supply, contact recreation (swimming), and aquatic life support
(fishing), and the scientific criteria to support that use. The Clean Water Act, section 303, establishes
the water quality standards and TMDL programs.
Tributary conveyance means pipes, ditches, catch basins, and inlets owned or operated by the Permittee
and designed or used for collecting and conveying stormwater.
UGA means Urban Growth Area.
Urban Growth Area means those areas designated by a county pursuant to RCW 36.70A.110.
Urbanized Area is a federally-designated land area comprising one or more places and the adjacent
densely settled surrounding area that together have a residential population of at least 50,000 and
an overall population density of at least 1,000 people per square mile. Urbanized Areas are
designated by the U.S. Census Bureau based on the most recent decennial census.
Vehicle Maintenance or Storage Facility means an uncovered area where any vehicles are regularly
washed or maintained, or where at least 10 vehicles are stored.
Water Quality Standards means Surface Water Quality Standards, chapter 173-201A WAC, Ground
Water Quality Standards, chapter 173-200 WAC, and Sediment Management Standards, chapter
173-204 WAC.
Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart
122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in
chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters,
salt waters and all other surface waters and water courses within the jurisdiction of the State of
Washington.
Waters of the United States refers to the definition in 40 CFR 122.2.
Page 31 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 20, 2018 Regular City Council Meeting
Date:
March 1, 2018
Department:
Administration
Attachments:
02-20-2018 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:March 5, 2018 Item Number:CA.A
Page 32 of 196
City Council Meeting
February 20, 2018 - 7:00 P M
City Hall Council Chambers
MINUT E S
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hours after the meeting has concluded.
I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet, and led those
in attendance in the Pledge of Allegiance.
B .Roll Call
City C ouncilmembers present: D eputy Mayor B ob B aggett, L arry B rown,
Claude DaC orsi, J ohn Holman, B ill Peloza, Yolanda Trout-Manuel, and
L argo Wales.
Mayor Nancy B ackus was in attendance, and the following department
directors and staff members were present: City Attorney Daniel B . Heid,
P arks, Arts and Recreation Director Daryl F aber, F inance D irector S helley
Coleman, P olice Commander Dan O'Neil, Assistant D irector of
E ngineering Services/C ity Engineer I ngrid Gaub, P lanner A lexandria
Teague, A ssistant Director of C ommunity D evelopment S ervices J eff
Tate, D irector of Administration D ana Hinman, and Deputy C ity Clerk
S hawn Campbell
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
There were no announcements, proclamations or presentations.
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
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:
Page 1 of 9Page 33 of 196
Heidi Harris
Deputy Mayor Baggett moved and Councilmember Holman seconded to
confirm the appointment to the Transportation Advisory B oard.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Councilmember Holman moved and Councilmember Trout-Manual
seconded to confirm the appointment to the Civil S ervice Commission.
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
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
Mayor B ackus opened the public hearing at 7:03 p.m.
Virginia Haugen, 2503 R S T S E , Auburn
Ms. Haugen asked Councilmembers to fully read the contract and
see how it will affect the community monetarily.
W ith no further public comments the Mayor closed the public hearing
at 7:04 p.m.
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.
A manda Tracy, 2025 Ginkgo Street S E , Auburn
Ms. Tracy spoke to Council about ways to promote renewable energy in
A uburn.
A rin Wells, 3611 I Street NE , Auburn
Mr. Wells is a resident of the River Mobile Home Park. He explained that
each mobile home is an individual resident's. T he City has announced that
because they have a master water meter the mobile home park will have to
pay commercial rates. He stated this is wrong because they are a
residential area.
Page 2 of 9Page 34 of 196
Nancy Colson, 1214 O Street NE , Auburn
Ms. Colson requested Council approve the resolution for art work. T he
proposed piece is a large scale piece of art that is eye catching and iconic.
Wayne Osborn, 1806 4th P lace NE , Auburn
Mr. Osborn requested Council approve Resolution No. 5345 for public art.
Virginia Haugen, 2503 R S treet S E, A uburn
Ms. Haugen stated she and her family had fun at the Chamber of
Commerce Healthy Expo event at L es Gove P ark. She stated she is
upset by people who are being charged commercial rates for water at the
mobile home parks and the cost of the Mayor's travel. She requested
Councilmember stop squabbling at Council meetings.
B ob Z immerman, 33029 16th Place South, A uburn
Mr. Z immerman attended a training session for C E RT volunteers. He
requested the rules of the building codes be enforced not just the code. He
stated he spoke with an inspector from Seattle that said without footings a
wall will fall down in an earthquake.
C.Correspondence
There was 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.
Councilmember Holman, Chair of the Finance ad hoc committee that
reviews claims and payroll vouchers, reported he and Councilmember
B rown reviewed the payroll vouchers and electronic deposits in the
approximate amount of $2.1 million and claims vouchers and wire transfers
in the amount of approximately $4.2 million for the periods February 1,
2018 to F ebruary 14, 2018 and dated F ebruary 20, 2018, respectively.
The ad hoc committee recommends approval of the claims and payroll
vouchers as described on the Consent A genda.
Councilmember DaCorsi, chair of the Road Projects ad hoc committee
reported the ad hoc committee has not met at this time.
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.
Page 3 of 9Page 35 of 196
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)
(see below this item was moved to Unfinished B usiness.)
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
(see below this item was moved to Unfinished B usiness.)
Councilmember B aggett moved and Councilmember Holman seconded to
approve the consent agenda.
Councilmember P eloza requested item "D" and "F " be pulled for further
discussion.
MO T I O N TO A P P R O V E T HE C O NS E NT I T E MS< E X E P T I T E MS D
A ND F 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 .L egislative S ervice Contrat with W 2A and T hompon
City Attorney Heid recommended the Council discuss and vote on the two
contracts separately.
Councilmember Holman moved and Councilmember Peloza seconded to
approve the Washington 2 Advocates agreement.
Councilmember Holman stated the City has used Washington 2 A dvocates
for a very long time. They assist the City in Olympia and Washington D C.
Councilmember P eloza thanked Director Hinman for providing the
additional data requested. He stated he still has a concern about how the
advocacy groups help the City. Director Hinman explained the City has year
round access to the advocacy group. T he City uses Washington 2 year
round. They assist in discussions with other jurisdictions along with the
Page 4 of 9Page 36 of 196
S tate and Federal legislators.
Director Hinman explained the Washington Advocates help in bringing
funds to A uburn. T hey help staff make the right connections and schedule
meetings with those that can assist the City best. They provided the
City with support and assisted the City in keeping grant funds that were
in danger.
Councilmember P eloza requested on the next report a small explanation of
what the advocacy group did to help the City.
Councilmember Wales stated she has requested invoices for both
Washington 2 A dvocates and the T hompson Group for the last six
years. S he asked Director Coleman the contracted amount six years ago.
Director Coleman stated the contract was for $15,000.00 a month.
Councilmember Wales stated she is concerned that when the contract
started it was for $15,000.00 a month with the City having a full time
staff person and now there is not a staff person but the cost is $22,000.00
a month. She feels like they advocate for things that tangentially impact
A uburn but not specifically. S he questioned if the City should the narrow
the scope of the contract.
Councilmember Holman stated there are a lot of issues that have a lot of
impact on the residents of the City of Auburn he believes the City gets
good value for the money spent on these contracts.
Councilmember Holman Called for the Question.
MO T I O N FA I L E D 3-4
Deputy Mayor Baggett, Councilmembers Holman and Brown votes yes.
Councilmember B rown stated he would like a more specific action report
provided by the consultants.
Councilmember P eloza stated when they City receives the monthly
invoices the consultants could provide a list of actions for the month.
Councilmember Wales stated she is still concerned with the funds spent. I t
is important if the City is going to hire consultants to do work to help outside
originations the City need to share the assistance provided with the Human
S ervices Committee.
Councilmember Wales asked if a conflict of interest exists for the Mayor to
have a fund raising event sponsored by these contractors. City Attorney
Heid stated he would be hesitant to say there was a conflict of interest.
MO T I O N C A R R I E D. 6-1
Councilmember Wales voted no.
Councilmember P eloza moved and Councilmember DaCorsi seconded to
Page 5 of 9Page 37 of 196
approve the T hompsons Group agreement.
MO T I O N C A R R I E D. 6-1
Councilmember Wales voted no.
B .P ublic Works P oject No. C P 1605
Councilmember P eloza moved and Councilmember Holman seconded
to award the Contract for P ublic Works P roject C P1605.
Councilmember P eloza requested an explanation for the additional funding.
Director F aber stated the City received a grant from King County.
Councilmember P eloza asked if this project will have an effect on the
scheduled opening of the F amers Market. Director Faber stated the
project will not impact the opening.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
I X.NE W B US I NE S S
There was no new business.
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
Councilmember Holman moved and Councilmember Brown seconded to
adopt Ordinance No. 6672.
Councilmember Trout-Manual asked if the Muckleshoot I ndian Tribe is
comfortable with the language. Planner Teague explained the City and
the Muckleshoot I ndian Tribe discussed the concern at a P lanning
Commission meeting. The issue was the zoning and land use on tribal land.
The City explained that the zoning would be applied in the event that the
land is no longer under tribal leadership.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Ordinance No. 6678 (Coleman)
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
Councilmember Holman moved and Deputy Mayor B aggett seconded to
adopt Ordinance No. 6678.
Director Coleman stated this ordinance extends the sales tax credit the
City receives.
Page 6 of 9Page 38 of 196
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. 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
Councilmember B rown moved and Councilmember DaCorsi seconded to
adopt Resolution No. 5340.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
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
Deputy Mayor Baggett moved and Councilmember Holman seconded to
adopt Resolution No. 5345
Councilmember P eloza asked about the source of the funds. Director
Faber stated the funds are R E E T funds that have not been used in
anticipation of this project.
Councilmember Wales stated she is excited to see the City do something
big. S he is disappointed that the A rt Commission and a small sub group
made the decision. She would have preferred the selection be put to a City
wide vote.
Councilmember Trout-Manuel stated she has a concern with the safety of
the art piece.
Councilmember DaCorsi asked if the cost is comparable for the design.
Director F aber state the City has not had a project at this level in the
past. The City has not done a project in the last three years in anticipation
for this large project.
Councilmember DaCorsi stated the City needs to look at the funds
designated to art in a future budget.
MO T I O N C A R R I E D. 4-3
Councilmembers DaCorsi, Wales and Trout Manuel voted no.
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,
Page 7 of 9Page 39 of 196
including a Use Agreement with K ing County for a portion of Brannan P ark, all related
to Brannan P ark
Deputy Mayor Baggett moved and Councilmember Holman seconded to
adopt Resolution No. 5347.
MO T I O N 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 he attended an E mergency Management
A dvisory Committee retreat.
Councilmember P eloza reported he participated in a conference call for
the Safe Energy L eadership Alliance and attended the Metropolitan S olid
Waste Advisory Committee meeting.
Councilmember Trout-Manuel reported she attended the Regional Water
Quality Committee meeting, the Nexus House Valentines breakfast and the
S ound City A ssociation orientation.
Councilmember Wales stated she has no report but urged people to look
at the example of the young people in our community.
Councilmember Holman reported he attended the Puget Sound Regional
Council Growth Management P olicy Board meeting and the S eattle King
County Economic Development Council.
Councilmember B rown reported he attended the Choose Washington New
Market Airplane (NMA ) Council meeting.
Councilmember DaCorsi reported he attended the Regional Transit
Committee meeting.
B .From the M ayor
Mayor Backus reported she attended Officer Don Dotson's retirement, a
meeting with K ing County Department of E lections regarding adding
a second ballet box in Auburn and meetings in Washington D C for
an award ceremony and two days of meeting with legislators discussing
behavioral health and homelessness.
Mayor Backus invited everyone to the State of the City Address, Tuesday
February 27th at the Auburn Avenue T heater.
X I I I .AD J O URNM E NT
There being no further business to come bef ore the Council, the meeting
Page 8 of 9Page 40 of 196
adjourned at 8:48 p.m.
A P P R O V E D T HI S 5T H D AY O F MA R C H, 2018.
___________________________ __________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, Deputy 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 41 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 25, 2016 and August 8, 2016 Study Session
Meetings
Date:
February 27, 2018
Department:
Administration
Attachments:
7-25-2018 Study Session Minutes
8-8-2017 Study Ses s ion 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:March 5, 2018 Item Number:CA.B
Page 42 of 196
City Council Study Session
July 25, 2016 - 5:30 PM
Auburn City Hall
MINUTES
I.CALL TO ORDER
Deputy Mayor Largo Wales c alled the meeting to order at 5:30 p.m. in the Council Chambers at Auburn
City Hall, 25 Wes t Main Street in Auburn.
A.Roll Call
Counc ilmembers present: Deputy Mayor Wales, Bob Baggett, Claude DaCorsi, John Holman, Bill
Peloza and Ric h Wagner. Counc ilmember Yolanda Trout-Manuel was excus ed.
Mayor Nancy Bac kus and the following Department Directors and staff members were pres ent:
City Attorney Daniel B. Heid, Polic e Chief Bob Lee, Direc tor of Community Development and
Public Works Kevin Snyder, As s is tant Direc tor of Engineering Services/City Engineer Ingrid
Gaub, As s is tant Direc tor of Community Development Jeff Tate, Engineering Aide Amber Pric e,
Environmental Servic e Manager Chris Anderson, Environmental Servic es Specialist Jenna
Leonard, Environmental Servic es Specialist Maggie Gips on, Urban Design Planner Lauren
Flemister, Direc tor of Administration Dana Hinman, Innovation and Tec hnology Director Paul
Haugan, Parks , Arts and Recreation Direc tor Daryl Faber, Museum Director Patric ia Cos grove,
Human Res ourc es and Ris k Management Director Rob Ros coe, and Deputy City Clerk Shawn
Campbell.
B.Announcements
C.Agenda Modific ations
II.CONSENT AGENDA
III.DISCUSSION ITEMS
A.Pioneer Cemetery Landmark Status (10 Minute Presentation/5Minute Q&A) (Faber)
Pioneer Cemetery pres entation as it relates to being named a landmark
Direc tor Faber, Mus eum Direc tor Cosgrove, Jenifer Mes ner, King County Landmarks Offic er
pres ented to Council on the Pioneer Cemetery landmark status . The City of Auburn is seeking
des ignation of the Pioneer Cemetery as a City of Auburn Landmark through the King County
Historic Preservation Program.
Museum Director Cos grove presented the his tory of the c emetery as well as its signific anc e to the
Auburn c ommunity.
Direc tor Faber s tated in order to be eligible to be buried in the Pioneer Cemetery a person mus t be
a direc t des cendent of a person who has been buried there.
B.City Code Amendments Relating to the Comprehensive Plan (5 Minute Presentation/5 Minute
Q&A) (Snyder)
Amendments to Chapter 14.22, c orrecting c ity c ode to reference recently adopted Comprehens ive
Plan documents
Assistant Director Tate explained the City Council adopted Ordinance No. 6584 on Dec ember 14,
Page 1 of 4
Page 43 of 196
2015. The ordinance inc luded Core Comprehensive Plan, the Land Us e Element, the Housing
Element, the Capital Facilities Element, the Utilities Element, the Economic Development Element,
the Parks and Rec reation Element, and a series of supporting planning doc uments/appendic es .
Chapter 14.22 of the Auburn City Code is titled “Comprehensive Plan”. Chapter 14.22 is the
s ection of City Code that incorporates the s pecific names of the c hapters and doc uments that
comprise the full Comprehens ive Plan. The purpose of the draft amendments to Chapter 14.22 is
to update the names of the documents so that they are c onsistent with those titles that are used in
Ordinance No. 6584.
Counc ilmember Wagner s tated the Counc il reques ted a c hapter be added on sus tainability.
Assistant Director Tate stated the Core Comprehens ive Plan c alls for a Sustainability Element in
the next three years.
C.Ordinanc e No. 6606 (5 Minute Pres entation/ 5 Minute Q&A) (Snyder)
An Ordinance of the City Counc il of the City of Auburn, Was hington, granting to City of
Enumclaw Natural Gas, a franc hise for gas utility
Engineering Aide Price explained that during review of fac ilities located in City right-of-way the
City determined that City of Enumc law Natural Gas is required to obtain a Franchis e Agreement
per Auburn City Code Chapter 20.06.010. Enumclaw has applied for a Franchis e Agreement for a
term of twenty (20) years to continue to operate within the City’s rights of way natural gas
trans mis s ion and dis tribution fac ilities for sale and s ervic e to c ustomers within the c ity of Auburn.
Enumc law Natural Gas ' exis ting facilities c urrently serve c ustomers loc ated in South Auburn off of
Auburn Way South in the Academy and Lemon Tree Lane neighborhoods and surrounding
area. Enumc law Natural Gas has no plans to expand s ervic es as the rest of Auburn is currently
s erved by PSE. Any c onstruc tion, maintenance, improvements or changes to Enumclaw Natural
Gas fac ilities are managed through the City’s permitting proc es s es that are a requirement of the
Franchis e Agreement. Safety of Enumc law Natural Gas facilities are regulated and inspec ted
through the Washington Utilities and Trans portation Commission.
A Public Hearing to cons ider this application and hear public c omment is s cheduled before the
City Counc il on August 1, 2016.
Counc ilmember Peloza asked how long Enumclaw Natural Gas has been in the area and how many
cus tomers they s erve. Mr. Hawthorn from the City of Enumc law s tated they have approximately
50 c ustomers in the City of Auburn. They have operated in the City s inc e 1957.
D.Ordinanc e No. 6611 (5 Minute Pres entation/5 Minute Q&A) (Snyder)
An Ordinance of the City Counc il of the City of Auburn, Was hington, amending Section
17.14.005 of the Auburn City Code, relating to c ivil plan preparation, s ubmittal and approval
Assistant Director Tate explained Auburn City Code c urrently states that an applicant cannot
s ubmit their civil plans for review and c onsideration until after they have rec eived preliminary plat
approval from the Hearing Examiner. Community Development s taff are proposing that an
applicant be allowed to submit their c ivil plans for review earlier than preliminary plat
approval. This will allow an applic ant to experienc e several weeks to months of time savings for
project reviews. The draft amendments also inc lude language that is intended to declare that an
early s ubmittal does not equate to a vesting right. The vesting right is s till dependent on the Hearing
Examiner’s dec is ion.
Deputy Mayor Wales s tated when the City met with the Master Builders As s ociation the proposed
changes were very well received.
Counc ilmember Peloza stated this proposed change makes good c ommon and economic s ense.
Page 2 of 4
Page 44 of 196
Counc ilmember DaCorsi as ked how the City of Auburn compares to other juris dictions Assistant
Direc tor Tate s tated the City is average compared to other juris dictions.
E.Port of Seattle Economic Development Partners hip Program (5 Minute Pres entation/5 Minute
Q&A (Hinman)
Port of Seattle Economic Development Partners hip Program Grant Applic ation
Direc tor Hinman s tated the Port of Seattle has authorized a new Ec onomic Development
Partnership Program to s upport loc al c ommunity ec onomic development ac tivities. More than
$962,000.00 is available to c ities in King County as matching funds. Based on population, eac h
city would rec eive between $5,000.00 and $65,000.00 for eligible activities . Eac h city will need
to pas s a res olution s upporting their grant application and will have until August 17, 2016 to
provide thes e resolutions in advanc e of the August 23, 2016 Port Commis s ion meeting.
Counc ilmember Holman s tated a portion of the Ports Charter is tocreate jobs . This grant program
will help realize that goal.
F.Main Street Urban Design (20 Minute Pres entation/15 Minute Q&A (Snyder)
Pres entation of final des ign and budget for improvements to Main Street between C Street SW and
F Street SE bas ed on c itizen, s taff, and Council feedback
Direc tor Snyder, As s is tant Direc tor Tate and Urban Des ign Planner Flemis ter pres ented Council
with the Main Street Des ign. The reality of this projec t is looking at Auburn's future, when the City
put the public dollars on the Division Street projec t private investment followed. This is a large
project with a cost of $18 to $24 million for both above and below ground improvements from C
Street to F Street. Staff is looking for funding sources but more than likely the funds will need to
come from the City. Due to costs of the overall projec t, staff sugges ts that the projec t be done
in three phas es .
Counc ilmember Holman s tated the City cannot afford to mis s this opportunity.
Counc ilmember Wagner s tated he does not like the landsc ape along the c urbs. He reques ted a list
of pro/cons for the plantings.
Deputy Mayor Wales as ked for an estimate of the amount of time it would take to operate and
maintain thes e improvements . She also requested direc tional signs be added to the projec t.
Counc ilmember Peloza likes the rain garden c onc ept but he does not like the trees. He
s uggested staff look at a funding c ampaign to us e public and private funds for the project.
Deputy Mayor Wales s tated she wants to ens ure all three phases would be completed if the City
moves forward with the projec t. She expressed a c onc ern with the overall c os t of the project.
Counc ilmember DaCorsi s tated Council needs to look at all the opportunities and ways to fund
thes e projec ts.
G.Community Sustainability (15 Minute Pres entation/10 Minute Q&A (Snyder)
A review of City of Auburn Projects , Programs , and Ac tivities
Manager Anderson, Spec ialis t Leonard, Spec ialis t Jarvis and Specialist Gibson, the Environmental
Services s taff, have developed a brief s eries on sus tainability for Counc il. Tonight's presentation is
the first in a three part series.
Staff explained that s ustainablilty is the ability to c ontinue a defined behavior for an extended
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period of time. The triple bottom line for sus tainability includes soc ial, economic and
environmental. Having a c ommon unders tanding of what community s ustainablilty is is es s ential in
the dec is ion making process. Community sus tainability has a unique approach for each
community.
Counc ilmember DaCorsi as ked how the City takes the costs and shares it with the community. It is
important to unders tand that the return on inves tment is worth the extra c os ts. Specialist Jarvis
s tated staff c an provide an explanation about the benefits of the s ustainability for the community.
Counc ilmember Wagner s tated the City needs to cons ider the employment bas e of the City in
relation to sus tainability. Spec ialis t Leonard stated one of the as pects is human capital as one part
of soc ial sus tainability.
Counc ilmember Holman s tated when he talks to people about s ustainability there are various
levels of understanding. He needs a s imple definition to help explain what it is and the City needs a
public education program. He would like the City to work with other partners to help with funding
for c hanging the c ulverts to not inhibit the s almon.
IV.EXECUTIVE SESSION
At 7:35 p.m., Deputy Mayor Wales rec es s ed the meeting to exec utive s es s ion for approximately fifteen
minutes in order to disc uss pending/potential litigation purs uant to RCW 42.60.10(1) (i). City Attorney
Heid, Human Res ourc es and Ris k Management Director Ros coe, Director of Adminis tration Hinman
and Community Development and Public Works Director Snyder attended the exec utive s es s ion. At 7:47
p.m., the executive session was extended an additional ten minutes .
Deputy Mayor Wales reconvened the meeting at 7:58 p.m. Deputy Mayor Wales added Ordinance No.
6613 - An Ordinanc e of the City Council of the City of Auburn, Washington, creating a new sec tion,
5.20.250, of the Auburn City Code and amending Sections 1.04.060, 1.25.010, 5.20.030, 5.20.050 and
9.22.030 Of the Auburn City Code related to marijuana related bus inesses and activities , and impos ing a
moratorium on marijuana related activities as identified herewith, to the agenda.
City Attorney Heid s tated this ordinance would address the c urrent ban that followed the moratorium on
marijuana bus inesses. This ordinanc e would res olve s ome issues that have caus ed c ontroversy and
litigation. This ordinance would allow the existing marijuana busines s es to c ontinue, provide for the
relocation of the Green Solutions Place, limit the total square feet for marijuana producers and
processers to 90,000 square feet, and ban the butane and hydro carbon solvent type of operations.
Deputy Mayor Wales s tated this item will be on the City Counc il agenda for ac tion on August 1, 2016.
V.ADJOURNMENT
There being no further bus iness to come before the Counc il, the meeting adjourned at 8:00 p.m.
APPROVED THIS _______ DAY OF ____________________, 2018.
________________________________ __________________________
BOB BAGGETT, DEPUTY MAYOR Shawn Campbell, Deputy City Clerk.
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City Council Study Session
Augus t 8, 2016 - 5:30 P M
Annex Conferenc e Room 2
MINUTES
I.CALL TO ORDER
Deputy Mayor Largo Wales c alled the meeting to order at 5:30 p.m. in the Annex Conferenc e Room 2
located at 1 Eas t Main Street in Auburn.
A.Roll Call
City Counc ilmembers present: Deputy Mayor Wales , Bob Baggett, Claude DaCors i, John
Holman, Bill Peloza, Yolanda Trout-Manuel and Ric h Wagner.
City officials and s taff members present inc luded: Mayor Nanc y Backus, Chief of Police Bob
Lee, City Attorney Daniel B. Heid, As s is tant City Attorney Doug Ruth, Community Development
and Public Works Direc tor Kevin Snyder, As s is tant Direc tor of Community Development Services
Jeff Tate, Innovation and Tec hnology Director Paul Haugan, Ec onomic Development Manager
Doug Lein, Planning Services Manager Jeff Dixon, and City Clerk Danielle Daskam.
B.Announcements
C.Agenda Modific ations
II.CONSENT AGENDA
III.DISCUSSION ITEMS
A.Hearing Examiner and City Council Roundtable (15 Minute Presentation/15 Minute Q&A)
(Snyder)
Hearing Examiner to provide a report to City Counc il regarding c ode c hallenges and activity
Hearing Examiner Phil Olbrec hts presented the Hearing Examiners Annual Report and reviewed
cases that were reviewed in 2016 inc luding third party billing dispute, Green Solutions Plac e
Adminis trative Appeal, spec ial home oc cupation, rezone, c ritic al areas variance, varianc e for
reduc tion in minimum density, dangerous dog appeal and a spec ial home oc cupation.
Counc ilmember Wagner questioned if the Comprehensive Plan Map not matc hing the Zoning Map
was a problem. Mr. Olbrechts s tated it does not appear to be a problem, and it is not a defec t in
the proc es s .
B.Ordinanc e No. 6615 (15 Minute Presentation/15 Minute Q&A) (Snyder)
Ordinanc e No. 6615 for amendments to Chapter 1.25, Chapter 8.08, Chapter 8.12, Chapter 8.20,
Chapter 12.36, Chapter 15.06, and Chapter 15.20 pertaining to code enforc ement provis ions that
address property abatement, public nuisances, vegetation violations , and the regulation of vacant
struc tures
As s is tant Direc tor Tate provided Counc il with a pres entation on Ordinanc e No. 6615.
The ordinanc e includes a variety of c ode amendments that address s everal code enforc ement
issues related to abatement ac tions and includes : Simplification of the methods to notify a property
owner of a violation; Es tablishing a higher burden on the City for notifying a property owner of a
potential abatement ac tion; Establis hing that an enforc ement lien plac ed on property s hall be of
equal rank with s tate, county and municipal taxes ; Dec lare that a violation of City Code c onstitutes
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a public nuisance. This will allow abatement authority and proc edures to apply to any violation of
City Code, clarify that it is a violation to allow solid waste to remain unc ontained on private
property, establis h an administrative proc es s for abatement of public nuis anc es and vegetation
violations . The process identifies the authority under whic h abatement action can oc cur, the
method of serving a property owner notice of the City’s intent to abate, an appeal process that
utilizes the exis ting Hearing Examiner process, authority for the City to seek c os t recovery, and the
range of c os ts that may be rec ouped (inc luding administrative c os ts inc urred as a res ult of
ins pections, preparation of notic es , contrac ts for performing the abatement, filing fees, legal fees,
etc.); The abatement process des cribed in the amendments to Chapter 8.12 are then repeated in
Chapter 8.20; Clarification in Chapter 12.36 that it is the res ponsibility of an abutting landowner to
maintain the vegetation that is loc ated in the lands cape s trips that are within the right of way;
Creation of a new chapter in the City building c ode – Chapter 15.20 – whic h elaborates on certain
provis ions of the International Property Maintenance Code (IPMC). The IPMC is already adopted
by the City of Auburn however there are provisions of the Auburn City Code that s hould be used
ins tead of what is s tated in the IPMC. For example, the IPMC establis hes an appeal proc es s that is
different than the City’s appeal proc es s . The draft amendments s eek to clarify that the City
proc edures are to be used instead of the IPMC procedures ; The draft amendments als o seek to
modify the IPMC “boarding” standard which allows the windows and doors on vacant s tructures
to be boarded for up to one year. The draft amendments limit boarding to 30 days when a produc t
such as plywood is used and allows up to one year if a clear produc t is us ed. This is included
bec ause wood pres ents an image of blight and it precludes law enforcement from being able to see
ins ide of a vacant s tructure that is harboring nefarious activity. Clear products mitigate these
problems; The draft amendments include a vac ant property registration program that requires the
owners of vacant property to inform and regis ter their property with the City. The registration
proc es s allows the City to unders tand who is respons ible for addres s ing issues that oc cur at the
property and it es tablishes requirements for how the property is to be managed while it is vac ant.
The regis tration program exempts properties that are rental homes (that have a valid bus iness
lic ense) and res idenc es that are used part time.
Councilmember DaCors i asked what happens to abandoned homes after it has been boarded up
for a year. Assistant Director Tate explained that the time from a default to bank owned is
approximately a three year window.
Councilmember Wagner reques ted more attention be given to overhanging tree maintenanc e issues .
Councilmember Baggett inquired how the HOA works with the City’s enforc ement. Assistant
Director Tate explained the ac tions are coincidental but separate.
Councilmember Trout-Manual inquired regarding vehicles on property that have been parked there
for years. As s is tant Direc tor Tate explained it is a separate c ode sec tion that addresses inoperable
vehic les on private property, and there is a separate proc es s .
C.Council Disc ussion on Retreat Goals (5 Minute Presentation/10 Minute Q&A)
Ec onomic Development Manager Lein provided Counc il with an update on economic
development. He reviewed the numbers of permits issued for Single Family and Commercial
projects , busines s lic enses, real-estate exc is e tax and s ales tax revenue.
Manager Lein s tated the cons ultants have completed all of their res earch and are moving forward
with the final state of c ompleting the 10 year economic plan update. He anticipated a City Counc il
briefing on Oc tober 24th and for the Plan to be brought before the Counc il for action on
November 7, 2016.
Counc ilmember DaCorsi requested a lis t of all who participated in the downtown façade program.
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Counc ilmember Holman s tated the average household income of those who shop in Auburn is
$84,000.
IV.ADJOURNMENT
There being no further bus iness to come before the Counc il, the meeting adjourned at 6:39 p.m.
APPROVED THIS _______ DAY OF ____________________, 2018.
________________________________ __________________________
BOB BAGGETT, DEPUTY MAYOR Dani Das kam, City Clerk.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
February 28, 2018
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council approve Claims Vouchers.
Background Summary:
Claims vouchers 447802 through 447913 in the amount of $421,256.92 and six wire
transfers in the amount of $717,336.70 and dated March 5, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:March 5, 2018 Item Number:CA.C
Page 50 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
February 28, 2018
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537793 through 537812 in the amount of $517,556.71 and electronic
deposit transmissions in the amount of $1,960,136.46 for a grand total of $2,477,693.17 for
the period covering February 15, 2018 to February 28, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:March 5, 2018 Item Number:CA.D
Page 51 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6670 (Gaub)
Date:
December 19, 2017
Department:
CD & PW
Attachments:
Ordinance No. 6670
Ord No. 6452
Budget Impact:
Administrativ e Recommendation:
City Council adopt Ordinance No. 6670.
Background Summary:
Per Auburn City Code Chapter 20.06.130 and Section 3 of existing Franchise Agreement No.
12-41, Ordinance No. 6452, the Grantee may renew this Franchise for an additional five year
period upon submission and approval of the application specified under ACC 20.06.130.
Zayo Group, Inc. has applied for renewal and amendment to their existing Franchise
Agreement to continue to operate within the City’s rights of way a telecommunications system
throughout the City. During review of the existing Franchise Agreement the City determined
that minor amendments to the Agreement were needed to update Zayo’s contact information.
The applicant is currently in compliance with all licensing, bonding and insurance
requirements of the existing Franchise Agreement and Auburn City Code. Any construction,
maintenance, improvements or changes to Zayo’s facilities are managed through the City’s
permitting processes that are a requirement of the existing Franchise Agreement.
Approval of Ordinance No. 6670 would renew Franchise Agreement No. 12-41 for an
additional five years from the effective date of Ordinance No. 6670 and amend Ordinance No.
6452 to update Zayo’s contact address.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 5, 2018 Item Number:ORD.A
Page 52 of 196
ORDINANCE NO. 6 67 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 anii 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 inhabifants 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:
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
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
January 10, 2018
Page 1 of 4
Page 53 of 196
of which is attached hereto, ma ked as Exhibit A, under the conditions set forEh 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; LL-C
Attn. Gene al Counsel
1805 29th Streef, Suite 2050
Boulder. CO 80301
Section 3. Zayo Group, LLCshall, within thi.rty (30) days after the effectiye
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 otherprovisions of Ordinance No. 6452 shall remain unchanged and in fu,ll force
and effect.
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.
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
January 10, 2018
Page 2 of 4
Page 54 of 196
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 oriiinance, or the invalidity of the applica4ion
thereof to any person or circumstance shall not affec.t the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances..
Section 7. Effecfive date. This Ordinance shail 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
ATf EST:
Danielle E. Daskam, City Clerk
APP OVED AS TO FOR
el . 'd, it A o ey
Published:
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
Janyary 10, 2018
Page 3 of 4
Page 55 of 196
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 29t" 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,
pe sonally appeared, of the company that
executed the within and foregoing insfrument, and acknowledged the said
instrumeMto be the free and voluntary act and deed of said company, for the uses
a,nd purposes therein mentioned, and on oath stated that he/§he is authorized to
execute said instrument.
IN WITNE$S WHEREOF, I have hereunto s.et 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:
D aft Ordinance No. 6670
Zayo Franohise Agreemerit Renewal
January 10, 2018
Page 4 of 4
Page 56 of 196
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 57 of 196
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 58 of 196
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 59 of 196
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 60 of 196
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 61 of 196
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 62 of 196
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 63 of 196
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 64 of 196
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 65 of 196
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 66 of 196
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 67 of 196
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 68 of 196
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 69 of 196
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 70 of 196
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 71 of 196
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Grantee Facilities
Underground and overhead fiber optic cable consisting of individual fiber optic strands.
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
Page 73 of 196
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 74 of 196
Zayo Group Proposed Initial Buildout
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Page 75 of 196
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:
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Ordinance No. 6452
Franchise Agreement No: 12-41
DATE 01/29/2013
Page 76 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6672 (Gaub)
Date:
February 27, 2018
Department:
CD & PW
Attachments:
Ordinance No. 6672
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Ordinance No. 6672.
Background Summary:
Ordinance No. 6672 amends Chapter 12.12 of the Auburn City Code relating to Public
Sidewalks. The purpose of these revisions are to bring this code in line with current practices
and options regarding installation and maintenance of sidewalk areas within the public Right-
of-Way since much of this chapter has not been revised since it’s codification in 1957.
Please note that there are a significant number of deletions of code being proposed that
relate to a Local Improvement District (LID) process for sidewalks. Since this code was
create, state law has been modified and addresses the requirements for creation of an LID
and therefore specific City code is no longer required and could create conflicts with state
law.
Other significant revisions include clarification of the definition of a sidewalk, maintenance,
installation and replacement responsibilities of adjacent property owners and the City, and the
allowance for private irrigation systems within the public right-of-way for better maintenance of
landscaped areas.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 5, 2018 Item Number:ORD.B
Page 77 of 196
ORDINANCE NO. 6_6 7 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 12.12 OF
THE CITY CODE RELATING TO PUBLIC SIDEWALKS
WHEREAS, the current provisions of Chapter 12.12 of the City Code provide for
improvement and maintenance responsibilities for sidewalk areas within the City; and
WHEREAS, many of the provisions of this chapter have been unchanged for
decades, and may not be as reflective of current practices and options regarding
installation and maintenance of sidewalks and other appurtenances within the sidewalk
area; and
WHEREAS, 'it is appropriate to update the provisions of Chapter 12.12 of the City
Code to incorporate provisions more consistent with other secfions of the City Code and
contemporary practices.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as foilows:
Section 1.AMENDMENT TO CITY CODE. Chapter 12.12 of the Aubu n City Code
is amended to read as follows:
Chapter 12.12
PUBLIC SIDEWALKS
Sections:
12.12.010 Purposes.
12.12.020 Definitions.
12.12.030 Repealed.
12.12.040 Improvement— Responsibili.ty.
12.12.050 n-' "^+•^Repeated.
12.12.060 4ra;4eaaea# ^'^'., ^^'Repea/ed.
12.12.070 Repea/ed.
12.12.080 Irx ever e t:;.:sRepealed.
12.12.090 Repealed.
For statutory provisions on sidewalks applicable to code cities see RCW 35A.47.020. For provisions
related to sidewalks apqlicable to cities aeneraliv. -thi d-slass-cities see Chapters 35.68, 35.69 and 35.70
RCW as well as RCW Sections 3522,280 35.23.440 and 35.27.370, and RCW 58.17.110-far-previsisr s
Ordinance No. 6672
February 2, 2018
Page 1 Page 78 of 196
12.12.100 Repealed.
12.12.110 °se,ess -^' o.,,,,,,o.,+ .,,«h,,, ,e+a Repealed.
12.12.120 nssess ^' ^"^{^^Repea/ed.
a+-Seastrtfc#ieft
12.12.130 ^.Repealed.
12.12.140 i#isatie sRepealed.
12.12.150 Requirement generally.
12.12.160 Permit— Procedure generally.
12.12.170 Permit— Fees.
12:12.180 ar-Fica esRepea(ed.
12:12.190 Guarantee by contractor.
12.12.200 Monument disturbance during construction:
12.12.210 Confinement with right-of-way lines and easements.
12:12.220 Acceptance prerequisites,
12.12.230 Administration.
12.12.232 Maintenance responsibilitv.
12 12 234 Repair and Replacement responsibility.
12.12.236 Private Irriqation Systems.
12.12.240 Violation — Penalty.
12,12.010 Purposes.
e nrr t n n . nGn hio +ho ..'+.. +.,
e-&+y- .
The purpose of o n +,. ,UUio tia ,.+., gr
this chapter is to provide for
improvements to and the responsibilities for the sidewalk areas within public riphts-of-
wav. (1957 code §§ 8.10.030, 8.10.040.)
12.12.020 Definitions.
I G +ti f+ti._ .+._i t r r n n rhr., „h , , ,m +The followingr...... ... ... .. ._ ,. .__ ._ .
wor"ds and phrases shall have the meanings respectively ascribed to them in this section,
unless expressly indicated otherwise orwhere ased-the context clearly indicates te-tlae
an alternate meaninq:
A. "Abutting property" includes all property having a frontage on + s;a.,-r,','-
ff aa street or public place.
B. "Sidewalk° includes ^• ^' ° '" ^+ c ^ f^r^, ^f +.00+ ..,.,.,,.,o..,o„+
any landscapinq, driveway, drivewav
apron pedestrian pathwav curb ramp and pedestrian curb between 4he edge of
pavement or back of curb alonq any public street and 4h
Ordinance No. 6672
February 2, 2018
Page 2 Page 79 of 196
e-
1 11
1 1
e
ee x•
s
1• • •. - . : 1 1 1
1 1
i - - -
Page 80 of 196
o.
e e -
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Page 81 of 196
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Page 82 of 196
1957 code § 8.10.100.)
12.12.110 Repealed.
f•* ^ ^'. (1957 code § 8.10.110.)
12.12.120 Repealed.
TL 4 I . .+4f' !!nrl'F'e(! 1. 11+e n.. n n'I ch ll ha f'loll uei4h
IIIG
M
vv vvv r v. .v.. ... ....... . ...... J .. ..._.. _
n h e„+ ,. , e... ., .,+4 eai-isc ee...
il 'n 4L v nr! .i 4h 41-0
1Af \AlF.on.+ r Fhe .Jeerl '
a (1957 code § 8.10.120.)
N-er s as ieii
12.12.130 se#ia itiensRepealed.
p n-.n he nerc..n f'rm ... n..rn rM'.n whr. 'c nnnh.inn fr.r
d.rc.....,., ............ ..._ r_.__.. ..... _. __._._._.. ....' '_ _'rr.... ._. _.
Qi
c arv..an_n T
IYts-e
B. " 'rJ -.IL" r! .:II L.e nr.nc'rloroll n .n..#F r.r nL.f ro 4L.e nrim ni
rc"_'_.... ...__.._ _ __ ___._ _ ' ".....,. .. _.._.__a..._._. _.._ _....._. _
Ord. 3926 § 1, 1983.)
12.12..140 p sRepealed.
A 11 'J .IL rl 4. he n nc4n n#erJ n on! Rn #ho 4crmc in 4{i
Ord. 3926 § 2, 1983.)
Ordinance No. 6672
Februa.ry 2, 2018
Page 6 Page 83 of 196
12.12.150 Requirement generally.
Whenever an improvement of a sidewalk aad/er iaeway-is installed, it shall be
installed in accordance with the specifications that are incorqorated_bv reference in ACC
12.04.010 and in conformance with a valid permit issued pursuant to this article, except
as otherwise required under Chapte 12.64 ACC. (Ortl. 3926 § 3, 1983.)
12.12.160 Permit- Procedure generally.
The baal€fieialcitv enqineer shall grant such permits only upon compliance
with the following terms and conditions:
A. The party requesting the permit shall make application therefor in writing,
and will file with the city engineer drawings showing the location and plan of the sidewalk,
as defined in this chapter, to be constructed, together with a full description of the nature
of such work.
B. The city engineer or his/her desiqnee shall review and
approve such application,-aad drawings and plans
p prior to permit issuance.
C. Such permit shall specify the place where such sidewalk is to be
constructed, together with a description of the proposed construction to be done under
such permit, and 4he length of time allowed for the completion thereof. (Ord. 3926 § 4,
1983.)
12.12.170 Permit- Fees.
A. Rermit fees to cover permit processing and inspection shall be applicable
for all sidewalk^ ^^' ^ •^*' ^ ,•" ^^' ~'*• improvements.
B. The fees shall be as shown in the city of Auburn fee schedule as adopted
by Ordinance 5707, and any amendments thereto. (Ord. 5817 § 1, 2004; Ord. 3945 § 1,
1984; Ord. 3926 § 5, 1983.)
12.12.t80 ar+sadesRepealed.
i sta',T-^pefrr;"ee's-c ease, s-4ighFs
pfetes-k e-p bl+s (Ord. 3926 § 6, 1983.)
12.12:190 Guarantee by contractor.
Any sidewalk constructed under a permit aufhorized by 4his a Eisl chapter shall be
vr f u a ,: „a .., e«°a :^ ...:ti ..,.,.,o 4hn414.e „e ,ae,., ,.,. ,.onstructed so
that the sidewalk or any abutting sidewalks, whether public or private, shall not become
undermined, and should the sidewalk settle within a period of one year, it shall be repaired
at the expense of the e fasteFpermittee. (OrcJ. 3926 § 7, 1983.)
Ordinance No. 6672
February 2, 2018
Page 7
Page 84 of 196
12.12.200 Monument disturbance during construction,
The permittee shall not disturb any survey monuments or hulis found within the
boundaries of the sidewalk fo be constructed unless authorized to do so by the city
engineer. In the event that such monuments or hubs are to be removed because of the
sidewalk construction, they must be replaced under the supervision of the city engineer
at the permittee's ., "expense: (Ord.3926 § 8, 1983.)
12.12.210 Confinement with right-of-way lines and easements.
k shall be the permittee's responsibility to confine his or her construction activities
within the street right-of-way lines and limits of easements desc ibed on the permit. Any
damage resulting from trespassing beyond these limits shall be 4he sole responsibility of
the permittee. (Ord. 3926 § 9, 1983.)
12.12.220 Acceptance prerequisites,
No sidewalk improvement constructed pursuant to the ferms of fhis a+isl chapter
will be accepted until the city engineer is satisfied fhat the work has been performed
according fo the requirements of fhis ;ti ..' .. ! 1°^ ^' ^r^' ^_ =`'"'`'''
aa -ataU chapter. (Ord. 3926 § 10, 1983.)
12.12.230 Administration,
The mayor is aufhorized to implement such administrative procedures as may be
necessary to carry out the directions of this legislation. (O d. 3926 § 12, 4983.)
12.12.232 Maintenance responsibilitv.
The maintenance of the area of the sidewalk alonq either side of anv street shall
be the dutv burden and expense of the abuttinq property owner. Maintenance shall
include removal of debris moss snow and ice cleaninq of sidewalks maintenance of
veqetation includinq but not limited to maintenance of veqeta4ion consistent with.siqht
distance and veqetation clearances in accordance with anv other citv code and
maintaininq barriers or fences alonq the sidewalk where the sidewalk is elevated more
than two feet above the abuttinq proqertV.
12 12 234 Repair and Replacement responsibiiity.
The repair and/or replacement of sidewalk as defined by this section shali be the
responsibilitv of the abuttinq propertv owner unless determined otherwise bv the city
enqineer If a propertv owner believes the damaqed sidewalk and/or sidewalk needinq
replacement islare the cities or someone else's responsibility the aroperty owner must
notifv the citv enqineer in writinq with sufficient documentation of the cause of the damage
and iustification of whv the repair andlor replacement shouid not be considered the
responsibilitV of Yhe abuttinq propertV owner.
Damaqe caused to the sidewalk bv veqeta4ion located an private propertv, lack of reaular
maintenance bv the abuttinq propertv ownec or damage that is anv wav caused bv the
abuttinq propertv owner shall be the responsibiiity of the private propertv owner to repair
subject to ACC 12.66.
Drdinance No. 6672
February 2, 2018
Page 8
Page 85 of 196
12.12.236 Private Irriqation Svstems.
Construction of qrivate irriqation svstems within the public riqht-of-wav is required
to be completed bV construction permit per ACC 12 66 or inciuded in a facility extension
permit per ACC 13 40 The Owner shall applv for and obtain a Permit from the Gitv prior
to doinq anv work for installation repairs abandonment or removal performed on the
irriaation facilities in the City's riqht-of-wav.
A All future maintenance reqairs abandonment or removal performed on the
irriqation facilities located in the Cifv's riqhts-of-way shall be performed bv a licensed and
bonded contractor in the State of Washinqfon.
B The appiicant shall be responsible for all qermits maintenance repairs cost
and water usaqe of the irriqation facilities.
C The Owner shall provide the Citv with information specifyinq the location of
the facilities placed under the permit inciudinq as-built d awinqs showinq qeneral
location.
Owner shall relocate their facilities at their cost if the CitY determines theV are in
conflict with public improvements beinq constructed in association with future proiects.
Such relocation work shall be completed within 45 davs of written notification bv the Citv
in accordance with this section. The Citv mav allow the owner additional time to relocate.
the facilities dependinq upon the proiecYs schedulinq needs.
Owner of the private irriqation svstem shall reqister with Washinqton 811 for locate
services for underqround facilities The Owner is responsible for mee4inq the
requirements of RCW 19 122 for Iocatinq and keepinq accurate records of utilitv locations
protectinq and repairinq damape to existinq underqround facilities Ali elements of the
irriqation svstem shall be detectable for locate purposes.
Owner shall be responsibie for anv maintenance repairs or damaqe to public
facilities within the riqht-of-wav that is caused by the private irriqation system includinq
the maintenance of or repairs to the irriqation system Such public facilities shall include
but are not limited to pavement sidewalks curbs qutters underqround utilities such as
water sewer and storm electrical street liqhtinq, fiber conduit landscapinq and
subqrades.
12.12.240 Violation — Penalty.
A. Violation of the provisions of this chapter is an infraction, subject to penalties
in accordance with ACC 1.25.050, and each day in violation shall be considered a
seParate offense.
B. In addition to the penalties provided in subsection A of this section, if the
owner abuttinq owner, or permittee fails to construct a sidewalk in the time and manner
specified in the permit issued pursuant to tlais—a tislethe city code,—Nae-si#se asil;
it shall
constitute a public nuisance as defined in ACC 8.12A20. The city shall utilize the
provisions of AGC 8 12 080 to abate fhe violation bv orderinq the sidewalk to be
constructed under the supervision of the citv enqineer or hisJher desiqnee. The
Ordinance No. 6672
Febru.ary 2, 2018
Page 9
Page 86 of 196
abatement order and all reauirements and arovisions of ACC 8.12.080 shall be directed
to the owner abuttinq owner or permittee. (Ord. 5683 § 33, 2002; Ord.3926§ 11, 1983.)
Section 2. ADMINISTRATIVE PROCEDURES. The Mayor is hereby authorized
to implement such administrafive procedures as may be necessary to carry out the
directio.ns of this legislation.
Section 3. SEYERABILITY. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, parag aph, 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, o
the validity of its application to other persons or circumstances.
Section 4. EFFEGTIVE 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:
ARPROVED:
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
AFP D A TO FOR :
D iel B. Hei , ify Attorne
Published:
Ordinance No. 6672
February 2, 2018
Page 10 Page 87 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6675 (Tate)
Date:
February 27, 2018
Department:
Community Development &
Public Works
Attachments:
Agenda Bill
Ordinance No. 6675
Zoning Map showing the current and propos ed
zoning of buth sites
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Ordinance No. 6675.
Background Summary:
Please see the attached Agenda Bill.
Rev iewed by Council Committees:
Other: Planning and Legal
Councilmember:Staff:Tate
Meeting Date:March 5, 2018 Item Number:ORD.C
Page 88 of 196
AGENDA BILL APPROVAL FORM
Page 1 of 13
Agenda Subject Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
Department: Community
Development & Public Works
Attachments: See Exhibits 1-3
listed at end of report
Budget Impact: N/A
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6675
approving the City-initiated Zoning Map Amendment (Rezone)
APPLICANT: City of Auburn Planning Division
Dept. of Community Development & Public Works
25 West Main ST
Auburn, WA 98001-4998
REQUEST: File No. REZ18-0001
City-initiated rezoning of five parcels in two locations to implement recent
Comprehensive Plan map amendments;
The first group is 4 privately-owned, previously developed parcels changing from
"DUC, Downtown Urban Center" to "M1, Light Industrial" to recognize and be
more compatible with developed status of the properties. The other location is a
0.98-acre city-owned park parcel changing from "R-20, Residential Zone, 20 units
to the acre” to "I, Institutional" in response to recent City ownership as a
developed park.
LOCATION: The four contiguous parcels located on the east of C ST NW between W Main ST
and 3rd ST NW, with the following parcel numbers and addresses:
5401600175/232 C ST NW; 5401600200/(No address); 5401600235/301 2nd ST
NW; 5401600260/(No address) within the NE quarter of Section 13, Township 21
North, Range 4 East, W.M.
The remaining parcel is located south of SE 310th ST, approx. 820 feet west of
124th Ave SE, with the following Parcel No. 0921059073 (no address) within the
NW quarter of Section 9, Township 21 North, Range 5 East, W.M.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & D Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Tate
Meeting Date: March 5, 2018 Item Number:
Page 89 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
EXISTING ZONING: The first group is 4 privately-owned, parcels currently zoned "DUC,
Downtown Urban Center".
The other location is a 0.98-acre city-owned park parcel currently zoned
“R-20, Residential Zone, 20 dwelling units to the acre".
EXISTING COM- The first group is 4 privately-owned, previously developed parcels that
PREHENSIVE have a comprehensive plan designation of “Light Industrial". The other
PLAN DESIG- location is a 0.98-acre city-owned park parcel, which has a
NATION designation of "Institutional". Both locations were recently changed
as part of the City’s Annual Comprehensive Plan amendments adopted by
Ordinance No. 6667 on December 18, 2017.
SEPA STATUS: A Determination of Non-Significance (DNS) was issued under City file
SEP17-0014 on September 19, 2017. The comment period ended
October 3, 2017, and the appeal period ended October 17, 2017. No
comments or appeals were received.
The Comprehensive Plan designation, zoning classification and land uses of the site and
surrounding properties for the first group of 4 parcels are as follows:
Comprehensive
Plan Designation
Zoning Classification
Existing Land Use
On-
Site
"Light Industrial”
DUC, Downtown Urban
Center
Warehouse, bulk propane
tank, storage building,
parking lot.
North
“Heavy Industrial”
M1, Light Industrial,
Single-family residences &
vehicle fueling station
South
“Downtown Urban
Center”
DUC, Downtown Urban
Center
Auto body repair shop
East
"Light Industrial”
DUC, Downtown Urban
Center with M1, Light
Industrial, beyond
Railroad line and vehicle
fuel distribution business
West
“Downtown Urban
Center”
DUC, Downtown Urban
Center
single-family residences
and irrigation contractor
business across C ST NW
Page 90 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
VICINTY MAP
^ North
Page 91 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
The Comprehensive Plan designation, zoning classification and land uses of the site and
surrounding properties for the second location is as follows:
Comprehensive Plan
Designation
Zoning Classification
Existing Land
Use
On-
Site
"Institutional”
R-20, Residential (Twenty
dwelling units per acre)
City-owned park
North
“Single-Family
Residential”
R5, Residential (Five dwelling
units per acre)
Multiple family
apartments
South "Multiple Family
Residential”
R-20, Residential (Twenty
dwelling units per acre)
Multiple family
apartments
East
"Multiple Family
Residential"”
R-20, Residential (Twenty
dwelling units per acre)
Multiple family
apartments
West “Single-Family
Residential”
R5, Residential (Five dwelling
units to the acre)b
Single-family
residences
Page 92 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
VICINTY MAP
^ North
Page 93 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
A. FINDINGS
The City identified the Comprehensive Plan Map Amendment and associated step of rezoning
these parcels as part of the actions for the annual Comprehensive Plan amendments. This
City-initiated proposal consists of changing the zoning classification of the following 5
properties:
Parcel ID
Number/
address
Property
owner
Parcel
Size
Comprehensive
Plan
Designation
Existing
Zoning
Classification
Current Land Use
5401600175/
232 C ST
NW
Ho &
Nancy
Kim
0.7
acres
Downtown Urban
Center
DUC,
Downtown
Urban Center
Former Del’s Farm Supply
consisting of 5,238 sq. ft.
of warehouse & 1,500 sq.
ft. of attached office/store.
Currently unoccupied/
5401600200/
(No address)
Ho &
Nancy
Kim
0.06
acres Downtown
Urban Center
DUC,
Downtown
Urban Center
Former railroad spur line
bisecting parcel -0200
currently vacant
5401600235/
301 2nd ST
NW
CHS Inc. 0.34
acres
Downtown Urban
Center
DUC,
Downtown
Urban Center
Cenex bulk propane
storage tanks
5401600260/
(No address)
Gary &
Karen
Stamps
0.24
acres
Downtown Urban
Center
DUC,
Downtown
Urban Center
Parking lot
/vacant
Parcel ID
Number/
address
Property
owner
Parcel
Size
Comprehensive
Plan
Designation
Existing
Zoning
Classification
Current Land Use
Parcel No.
0921059073
(no address)
City of
Auburn
0.98
acres
Institutional R-20,
Residential
(Twenty
dwelling units
per acre)
Developed city park
1. The first group of parcels border C ST NW, which is classified by the City’s Comprehensive
Transportation Plan as a “Minor Arterial”. The northern most parcel also borders 3rd ST
NW, which is also classified as a “Minor Arterial”. The second location borders SE 310th ST,
which is classified as a “Local Residential” street.
2. All of the properties are developed, or if now vacant, have previously been developed. All
the sites are relatively flat and do not contain environmentally critical areas.
History of Existing Development
3. The first group of parcels were part of the oldest city limits originally incorporated in 1890.
Ordinance No. 6121 annexed the second location to the City as part of Lea Hill annexation
area effective in 2008.
Page 94 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
4. For the first group of parcels, the land use designations and zoning for the subject
properties have not been re-evaluated for many years and therefore have not considered
the continued appropriateness of the land use designations. The boundaries of the DUC,
Downtown Urban Center zoning district were originally adopted in 2007 when the city was
desirous of establishing a downtown center zoning classification over a broad area. While
the justification for the establishment of the boundaries cannot be precisely recreated, it may
have been contemplated that the properties would likely redevelop, but this has not
happened.
The contiguous sites are located at the northern margin of the “Downtown Urban Center"
Comprehensive Plan designation and bordered to the north and the east by properties
with an “Industrial” designation. The sites align in a row north to south and are bordered
by public streets of C ST NW to the west, 3rd ST NW to the north and by the Burlington
Northern railroad to the east. The automobile body shop of A-1 Collision borders the
sites to the south.
The two largest parcels, Parcel No. 5401600175 (0.7 acres) and Parcel No. 5401600235
(0.34 acres) have been developed for more than 25 years with structures and facilities
that are more appropriate characterized as “industrial uses” than suburban downtown
development. The configuration and location of the properties sandwiched between
transportation corridors makes them less suitable for redevelopment as downtown
service or retail type uses geared to leisure shopping and that would be appropriately
subject to strict architectural and site design requirements. Due to the number of recent
zoning inquiries, City staff has increasing become aware of the difficulty of the property
owner in finding tenants that can occupy the former Del’s Farm Supply building and
meet the zoning use regulations of the DUC zoning district. Few uses are capable of
using the building with few physical alterations in order to avoid triggering consistency
with Downtown Design Standards and significant upgrades.
5. Related to the second site, in 1996 the 0.98-acre property was part of a larger 2.23-
acre property ownership by Schneider Homes Inc. that was proposed for development
as the ‘Pasafino Apartments’ while in unincorporated King County prior to annexation to
the City of Auburn. In 1996 a ‘Petition for Annexation Agreement and Declaration of
Covenant’ was executed between the City and Schneider Homes Inc. in order for the
City to provide water and sewer services to the proposed apartment development
located outside the city, but within the city’s established utility service area. An
‘Amended Petition for Annexation Agreement and Declaration of Covenant’ was
executed on April 21, 1997. The Agreements provided that as a condition of the City
providing water and sewer utility services, Schneider Homes Inc. would develop a park,
and after annexation, convey the developed park land to the City of Auburn without
obligation or cost. At the time of transfer, the city parks department would assume
maintenance responsibility. Ordinance No. 6121 annexed the property to the City of
Auburn effective in 2008; however, the transfer of ownership of the park land did not
take place for many more years since the park land was not a separate parcel that could
be deeded separately to the City. Schneider Homes Inc. filed a Boundary Line
Adjustment (BLA) application (File #BLA14-0005) in May of 2014 to establish the park
land as a separate parcel. The processing of the BLA was delayed due to changes in
property ownership interest on the part of Schneider Homes Inc. for refinancing
purposes. The BLA was subsequently approved by the City and recorded on November
2, 2016 (Recording #20161102900004) and the property subsequently conveyed to the
City. The park is depicted as “Village Square Park” on the city website.
Page 95 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
It was previously appropriate to have the Comprehensive Plan land use designation of
“Multiple Family Residential" applicable to the site when it was privately-owned and part
of a larger parcel that is mainly developed with apartments. However, now that Parcel
No. 0921059073 is a separate parcel (as a result of the boundary line adjustment and
deed), owned by the City and developed for park purposes, it is appropriate for it to have
the zoning classification be: “I, Institutional” to implement and correspond with the
“Institutional” land use designation of the Comprehensive Plan. This is the same zoning
classification applied to other City park properties.
Relationship of Comprehensive Plan Annual Amendments and the Rezone Processing
6. At its October 18, 2017 public hearing, the Planning Commission reviewed the related
Comprehensive Plan Map amendment CPM #3 (File No. CPA17-0001, City-initiated Map
amendment) to change Map No. 1.1 and change the Comprehensive Plan designation of
the 4 parcels from "Downtown Urban Center" to "Light Industrial" to recognize and be more
compatible with developed status of the properties.
Also, at this same public hearing, the Planning Commission reviewed the related
Comprehensive Plan Map amendment CPM #2 (File No. CPA17-0001, City-initiated Map
amendment) to change Map No. 1.1 and change the Comprehensive Plan designation of a
0.98-acre city-owned park parcel from "Multiple Family Residential" to "Institutional" in
response to recent City ownership as a developed park.
At the conclusion of the hearing, the Planning Commission forwarded its recommendation
for approval of the comprehensive plan map changes to the City Council.
7. At its November 27, 2017 Study Session, the City Council reviewed the Amendments and
the draft Ordinance No. 6667. On December 18, 2017, the City Council approved
Ordinance No. 6667 approving both sets of Comprehensive Plan Map amendments, among
others.
These proposed rezones implement the corresponding Comprehensive Plan designations of
“Light Industrial” as identified on Page LU-11; and of the “Institutional” designation as found
on Page LU-14, of the Comprehensive Plan.
8. In June 2017 the City Council adopted Ordinance No. 6655 which allows the Planning
Commission and City Council to consider associated map changes (for Comprehensive Plan
and Zoning map amendments), concurrently. This eliminates the need for the rezone
(zoning map amendment) to subsequently be heard and decided by the Planning
Commission or Hearing Examiner through a separately scheduled hearing when it is related
to a Comprehensive Plan map amendment.
While several Comprehensive Plan and Zoning map amendments were concurrently
considered at the Planning Commission at their October 18, 2017 hearing and by the City
Council approval of Ordinance No. 6667, on December 18, 2017. The public noticing step
was not performed for the rezoning associated with these changes and as a result, they are
being considered in sequence, rather than concurrently in order to ensure that the proper
procedures are followed.
Page 96 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
9. On February 6, 2018, the Planning Commission conducted a duly noticed public hearing on
the rezone. There were no public comments submitted and no one testified at the hearing.
10. On February 26, 2018, at a regular study session, the City Council reviewed and discussed
the proposed rezone and implementing ordinance.
11. Pursuant to ACC 18.68.030 ((Zoning Amendments) Public hearing process) provides that
the city may initiate rezone actions.
12. Pursuant to ACC 18.68.030 and ACC 18.68.040, for all rezones initiated by the City, the
Planning Commission shall conduct a public hearing and make a recommendation to the
City Council.
“18.68.030 Public hearing process.
B. Zoning Map Amendments.
.
.
.
2. Areawide Zoning and Rezoning, Initiated by the City. The planning
commission shall conduct a public hearing and make a recommendation to the
city council. If applicable, a comprehensive plan amendment may also be
processed.
C. City Council Decision. The city council may affirm, modify or disaffirm
any recommendation of the planning commission or hearing examiner with
regard to amendments of the text or map of this title. (Ord. 6655 § 1, 2017; Ord.
6442 § 26, 2012; Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2,
1987.)”
13. Pursuant to 18.68.040, ((Zoning Amendments) Public hearing notice requirements) the
following public notice is required.
B. Zoning Map Amendments.
.
.
.
2. Rezones, Including Area wide Zoning, Initiated by the City.
a. Planning Commission. As a minimum, notice of public hearing shall be given
by publication, in a newspaper of general circulation in the area, at least 10 days
prior to the public hearing. Additional mailing or posting of notices may, at the
option of the planning commission, be required.
b. City Council. As a minimum, notice of public hearing shall be given by
publication, in a newspaper of general circulation in the area, prior to the public
hearing. Additional mailing or posting of the notices may, at the option of the city
council, be required. (Ord. 6655 § 2, 2017; Ord. 6198 § 5, 2008; Ord. 6185 § 9,
2008; Ord. 5811 § 8, 2003; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
14. A notice of public hearing was issued and published in the Seattle Times on January 23,
2018 and on the same date mailed to the property owners within 300 feet of the subject site,
and posted at 3 public locations meeting the notification requirements.
15. Per ACC 18.23.020(G), the stated purpose of the “M-1, Light Industrial” zoning district is to:
Page 97 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
“G. M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of
industrial, commercial, and limited residential uses in an industrial park environment, to
preserve land primarily for light industrial and commercial uses, to implement the
economic goals of the comprehensive plan and to provide a greater flexibility within the
zoning regulations for those uses which are non-nuisance in terms of air and water
pollution, noise, vibration, glare or odor. The light industrial/commercial character of this
zone is intended to address the way in which industrial and commercial uses are carried
out rather than the actual types of products made.”
“The character of this zone will limit the type of primary activities which may be
conducted outside of enclosed buildings to outdoor displays and sales. Uses which are
not customarily conducted indoors or involve hazardous materials are considered heavy
industrial uses under this title and are not appropriate for the M-1 zone. An essential
aspect of this zone is the need to maintain a quality of development that attracts rather
than discourages further investment in light industrial and commercial development.
Consequently, site activities which could distract from the visual quality of development
of those areas, such as outdoor storage, should be strictly regulated within this zone.”
16. Per ACC 18.35.020(D), the stated intent of the “I, Institutional” zoning district is to:
“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.”
17. A Determination of Non-Significance (DNS) was issued under City file SEP17-0014 on
September 19, 2017. The comment period ended October 3, 2017, and the appeal period
ended October 17, 2017. No comments or appeals were received.
B. CONCLUSIONS:
Chapter 18.68 ACC ((Zoning Code) Amendments) provides very limited criteria for approval of a
rezone. Following is a Staff analysis of the requested change with the criteria.
1. The rezone must be consistent with the Comprehensive Plan.
Staff analysis: The purpose of the City’s Comprehensive Plan document is to provide a
policy basis for the future zoning changes to ensure that the Comprehensive Plan and
Zoning Ordinance are consistent as required by the following City Code section:
“ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
the Auburn City Code shall be consistent with, and implement the intent of, the
Comprehensive Plan. Capital budget decisions shall be made in conformity with the
Comprehensive Plan. “
On December 18, 2017, the City Council approved Ordinance No. 6667 approving the
change in Comprehensive Plan designation for both locations.
Page 98 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
Related to this first set of property changes, the Comprehensive Plan contains policy
guidance. Specifically, Volume 1, “Land Use”, starting at Page LU-11 provides the following
purpose and description of the ‘Light Industrial’ Comprehensive Plan designation:
“Light Industrial Designation
Description
This category is intended to accommodate a wide range of industrial and commercial
uses. This designation is intended to provide an attractive location for manufacturing,
processing and assembling land use activities that contribute to quality surroundings. A
wide variety of appropriate commercial uses in this designation benefit from the location,
access, physical configuration, and building types of these properties. It is distinguished
from heavier industrial uses by means of performance criteria. All significant activities
shall take place inside buildings, and the processing or storage of hazardous materials
shall be strictly controlled and permitted only as an incidental part of another use”
“Designation Criteria
1. Previously developed light industrial areas; or
2. Located along high-visibility corridors;
3. Provides buffering for heavy industrial areas or is buffered from the single-
family designation by landscaping, environmental features, or the Residential
Transition designation and buffered from all other Residential designations;
and
4. Meets the development parameters of the Light Industrial designation.”
“Implementing Zoning Designations
“M-1, Light Industrial”
Consistent with policy discussion in the Comprehensive Plan, the first set of properties
proposed for rezoning are already developed with industrial uses and the sites are located
along heavily traveled roadway corridors, as evidenced by their “Minor Arterial”
classification.
In addition, the Comprehensive Plan document provides various policies that address light
industrial development in order to meet community goals. The following policy applicable to
light industrial areas is relevant to the rezoning request.
“LU-82 A wide range of commercial activities may be allowed to provide increased
opportunities for sales tax revenue.”
Related to this second location, the Comprehensive Plan contains policy guidance. Volume
1, Land Use, starting at Page LU-14 provides the following purpose and description of the
“Institutional” Comprehensive Plan designation:
“Institutional Designation
Description
This category includes those areas that are re served for public or institutional uses.
These public uses include public schools and institutional uses such as large churches
and schools. It is also intended to include those of a significant impact, and not those
Page 99 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
smaller public uses that are consistent with and may be included in another designation.
For example, public uses of an industrial character are included in the industrial
designation, and small-scale religious institution of a residential character are included in
the residential designation.”
“Designation Criteria
Previously developed institutional uses; or located along major arterial streets;
Properties that are buffered from the single-family designation by landscaping,
environmental features, or the Residential Transition designation and buffered from all
other Residential designations; and meets the development parameters of the
Institutional designation. Properties identified in the Airport Master Plan as “Landing
Field.”
“Implementing Zoning Designations
I, Institutional
LF, Landing Field”
Consistent with policy discussion in the Comprehensive Plan, this second location is proposed
for rezoning to “I, Institutional” and is already developed as a public park. While the site borders
single family uses to the west and multiple family uses to the east and south; the low
development intensity as a public park with passive recreational uses and mature landscaping
serve to make the use compatible with adjacent residential uses.
“LU-103 This designation permits a wide array of uses that tend to be located in the
midst of other dissimilar uses. For this reason, special emphasis should be directed at
the following:
a. The appropriateness of new requests for this designation and the impacts that it
may have on the surrounding community.
b. Site-specific conditions that
should be attached to the
granting of new requests for this
designation that are designed to
mitigate impacts on the
surrounding community.
c. Site-specific conditions that
should be attached to
development proposals that are
designed to mitigate impacts on
the surrounding community.
The proposed “I, Institutional” zoning is different than surrounding zoning classifications. The
site borders single family uses to the west and multiple family uses to the east and south and
the low development intensity as a public park, along with the passive recreational uses with
mature landscaping serve to make the use compatible with adjacent residential uses.
2. The rezone must be initiated by the City in order for the Planning Commission to
provide a recommendation on the request.
Page 100 of 196
Agenda Subject: Ordinance No. 6675, City-initiated Zoning Map
Amendment (Rezone), REZ18-0001
Date: February 27, 2018
Staff Analysis: The rezone application was initiated by the City. The property owners and
nearby property owners received notice of the Comprehensive Plan amendments prior to the
Planning Commission’s hearing in October of 2017 and prior to the rezone hearing in February
6, 2018.
3. Any changes or modifications to a rezone request made by either the Hearing
Examiner or City Council will not result in a more intense zone than the one requested.
Staff Analysis: Further changes or intensification beyond the change in designation as
proposed are not anticipated.
In addition, Washington case law has identified other criteria for rezone applications (See
Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (Conditions must have changed since
the original zoning was established and the proposed rezone must bear a substantial
relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn.
App. 103, 111 (2001) (Proponents of a rezone must establish that conditions have substantially
changed since the original showing and that the rezone must bear a substantial relationship to
the public health, safety, morals or welfare; provided, that a showing of a change of
circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)
a. Conditions in the area must have changed since the original zoning was
established.
Staff Analysis: The rezone proposal implements the Comprehensive Plan land use
designation for the subject properties. As mentioned under the Findings of Fact, a
Comprehensive Plan map amendment was processed at the end of 2017 and approved by
the City Council Ordinance No. 6667, as a changed condition. The proposed rezone would
adjust the zoning of the property to correspond and be consistent with the Comprehensive
Plan designation. Showing that a change of circumstances has occurred is not required if a
rezone implements the Comprehensive Plan.
b. The proposed rezone must bear a substantial relationship to the general welfare
of the community.
Staff Analysis: Rezoning the subject properties from "DUC, Downtown Urban Center" to "M-
1, Light Industrial" and from "R-20, Residential Zone 20 units to the acre" to "I, Institutional"
will align the zoning district to the already changed Comprehensive Plan designation. As
noted above, Volume 1, ‘Land Use’, provides various policies related to meeting community
and growth management goals. The zoning change will assist in implementing these goals
benefitting the community and general welfare.
C. PLANNING COMMISSION RECOMMENDATION
The Planning Commission issued a recommendation of approval on February 6, 2018
without conditions.
D. EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Ordinance No. 6675
Exhibit 3 Zoning Map showing the current and proposed zoning for both sites.
Page 101 of 196
ORDINANCE NO. 6 6 7 5
AN ORDINANCE OF THE GITY GOUNCIL OF THE CITY OF
AUBURN, WASHINGTON APPROVING THE CITY=
INITIATED REZONING OF FOUR PARCELS TOTALING
APPROXIMATELY 1.34 ACRES LOCATED EAST OF G ST
NW, BETWEEN W MAIN ST AND 3RD ST NW FROM DUC,
DOWNTOWN URBAN CENTER TO M1, LIGHT INDUSTRIAL,
AND THE CITY-INITATED REZONING OF AN
APPROXIMATELY 0.98-ACRE PARCEL ON THE SOUTH
SIDE OF SE 310TM ST, WE$T OF 124TH AVE SE FROM R-
20, RE$IDENTIAL ZONE 20 UNITS TO THE ACRE, TO I,
INSTITUTIONAL TO IMPLEMENT THE COMPREHENSIVE
PLAN AND AMENDING THE CITY`S ZONING MAPS
WHEREAS, the City Council of the City of Auburn, Washington, adopted, on
August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map
establishing the location of the Comprehensive Plan Land Use Designations throughout
the City; and
WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted
Comprehensive Plan Amendments by Resolution No. 2635 to comply with 4he
Washington State Growth Management Act; and
WHEREAS, on September 5, 1995, the City of Aubum rea rmed 4hat action
with the adoption of Ordinance No. 4788; and
WHEREAS, on December 14, 2015, the City Council of the City of Auburn
adopted a substantially reVised Comprehensive Plan by Ordinance No. 6584 to comply
with the periodic update required by fhe 1Nashington State Growth Management Act;
and
VIIHEREAS, on February 5, 2018, the City of Auburn reaffrmed that action with
the adoption of Resolution No. 5341; and
Ordinance No. 6675
February 12,2018
Page 1
Page 102 of 196
WHEREAS, the City ini4iated a rezone application (File #REZ18-0001) on
December 18, 2017, for four parcels located east of C ST NW identified by King
County, Washington tax parcel numbers 5401600175, 5401600200, 5401600235, and
5401600260 and for a parcel located south of SE 310t" ST identified by King County,
Washington tax parcel number 0921059073; and
WHEREAS, the environmental impacts of proposed rezone were considered in
accordance with procedures of the State Environmental Policy Act; and
WHEREAS, after proper notice published in the City's offcial newspaper at least
ten (10) days prior to the date of hearing, the City of Aubum Planning Commission on
February 6, 2018 conducted a public hearing on the proposed City-Initiated Rezone;
and
WHEREAS, at 4he public hearing fhe City of Auburn Planning Commission heard
public testimony and took evidence and exhibits into considera4ion; and
WHEREAS, thereafter the City of Aubum Planning Commission made a
recommenda4ion to the City Councii on the proposed City-Initiated Rezone; and
WHEREA$, on, February 26, 2018, the Aubum City Council considered the
proposed City-lnitiated Rezone; as recommended by the City of Aubu n Planning
Commission; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council ("Council") adopts and approves the City=lnitiated
Rezone to change four parcels totaling approximately 1.34 acres located east of C ST
NW from "DUC, Downtown Urban Center", to "M-1, Light Industrial" and to change an
Ordinance No. 6675
February 12, 201 S
Page2
Page 103 of 196
approximately 0.98-acre parcel located south of SE 310"' St from "R-20, Residen4ial
Zone 20 Units to the Acre" to "I, Institutional" and directs that the rezone application and
all related documents be filed along with this Ordinance with the Aubum City Clerk and
be available for public inspection.
ection 2. The,Zoning Map amendment is herewith designated as a basis for
the exercise of substantiye authority under the Washington State Environmental Policy
Act (SEPA) by the City's responsible enVironmental official in accordance with RCW
43.2 TC.060.
Section 3. The Council adopts the Findings of Fact and Conclusions of Law in
the Planning Commission's recommendations, as set forth below:
FINDINGS OF FACT
Rrocedural:
1. Apolicant. The Applicant is the City of Aubum.
2. Hearinp. A public hearing was hel.d by the Planning Commission on the
proposed rezone on February 6, 2018 at 7:00 p.m. at the City Council Chambers at
Aubum Gity Hall.
Substantive:
3. Site/Rroposal Descriqtion. The City as applicant has requested a rezone
of five parcels in two locations; four privately-owned, developed parcels totaling
approximately 1.34 acres changing from "DUC, Downtown Urban Cenfer" to "M1, Light
Industrial''to recognize and be more compatible with develope,d status of the properties.
The other location is an approximately 0.98-acre ciry-owned parcel changing frqm "R-
20, Residential Zone 20 Units to the Acre" to "I, Institutional" in response to recent City
ownership as a developed park. The underlying comprehensive plan land use map
designations of the parcels were amended to. "Light Industrial" and to "Institu#ional'`,
respectively, by City brdinance No. 6667 adopted on December 18, 2017.
4. Characteristics of the Areas. For the first group of parcels, the land use
designations and zoning for the subject properties have not been re-evaluated for many
years antl therefore haVe not considered the con4inued appropriateness of fhe land use
Ordinance No. 6675
February 12, 2018
Page 3
Page 104 of 196
designations. The boundaries of the pUG, Downtown Urban Center zoning district were
originally adopted in 2007 when the city was desirous of establishing a downtown
ceriter zbning classification over a large are.a. While the justification for the
establishment of the boundaries cann,ot be precisely recreated, it may have been
contemplated that the properties would redevelop, but this has not happened.
The configuous sites are located at the n.o.rthern margin of the "Downtown Urban
Center" Comp.rehensive Pla.n designation and bordered to the north and the east tiy
properties with an industrial designation. The.§ites align in a row north to sou4h and are
bordered by public streets of C ST NW to the west, 3rd ST NW to the north and by the
Burlington Northem railroad to the east. The automobile body shop of A-1 Collision
borders the sites to fhe south.
The finro largest parcels, Parcel No. 5401600175 (0.7 acres) and Parcel No.
5401600235 (0.34 acres) have been developed for more than 25 years with structures
and facilities that are more appropriate characterized as "industrial uses" than suburban
downtown development. The configuratio.n and location of the properties sandwiched
behnreen transportation corridors makes them less suitable for redevelopment as
downtown serviee or retail rype uses geared to leisure shopping and that would be
subject to strict architecfural and site design requirements. Also, due to the number of
recent ioning inquiries, the City staff has increasing be.come aware of the difficul.ty of
the property owner in finding tenants that can: occupy the former farm supply building
and meet the zoning use regulations of the DUC zoning district. Also, few uses are
capable of using the building with few physical altera4ions in order to avoid triggering
con§istency wifh Downtown Design Standards and significant upgrades.
Related to the second site, in 1996 the 0.98-acre property was part of a larger
2;23-acre property ownership by Schneider Homes Inc. that was proposed for
development as the 'Pasafino Apartments' while in unincorporated King County prior to
annezation to the Gity of Auburn. In 1996 a 'Pe.tition for Annexation Agreement and
Declaration of CovenanY was executed between the Gity and Schneider Homes Inc: in
order for the Gity to provide water and sewer services to the proposed apartment
developm,ent located outside the city, 6ut within the city's established utility service
area. An 'Amended Petition for Annexation Agreement and Declaration of Cove.nanY
was executed on April 21, 1997. The Agreements proVided that as a condition of the
City providing water and sewer utility services, Schneider Homes Inc. would develop a
park, and after annexation, convey the developed park land to the Gity of Auburn
without obligation or cost. At fhe time of transfer, the city parks department would
assume maintenance responsibili.ty. The property was annexed to the City of Auburn
effective in 2008 by Ordinance No. 6124; however, the transfe of ownership ofithe park
land did not take place for many more years since the park land was not a separate
parcel thaf could be deeded separately to the City. A Boundary Line Adjustment (BLA)
application (File #BLA14-0005) was filed by Schneider Homes Inc. in May of 2014 to
establish the park land as a separate parcel. The processing of the BLA was delayed
due to changes in property ownership inferest on 4he part of Schneider Homes Inc. for
Ordinance No. 6675
February 12, 2018
Page 4
Page 105 of 196
refinancing pu_rpose.s.. The BLA was subsequently approved by the City and recorded
on November 2, 2016 (Recording #20161102900004) and the property subsequently
conveyed fo the City. The park is depicted as "Village $quare Park" on the citywebsite.
It was previously appropriate to have the Comprehensive Plan land use
designation of "Multiple "Family Residen4ial" applicable to the sife when it was privately-
owned and part of a larger parc.el that is ma.iniy deyeloped with apartments. However,
now that Parcel No. 0921D59073 is a separate parcel (as a result of the boundary line
adjustment), owned by the City and developed for park purposes, it is appropriafe for it
to have the zoning classification be "I, Institutional" to implement and correspond with
the '`Institutional" land use designation ofthe Comprehensive Plan.
5, Adverse_Impacts. There are no significant adverse impacts associated
with the proposal: A Determination of Non-Significance (DNS) was issued under City
file SEP17-0014 on September 19, 2017. The comment period ended October 3, 2017,
and the appeal period ended October 17, 2017. No comments or appeals were
received.
CONCLUSIONS OF LAW
Procedural:
1. Authoritv of the Rlanninq Commission. ACC 18.68.030(B)(2) grants the
Planning Commission with the authorify to review and make a recommendation to the
Gity Council on rezone requests ifthe rezone is initiated by the City.
Substantive:
2. Comarehensive Plan Land Use Maa Desi4nation. The Comprehensive
Plan Land Use Map designation for the four the four parcels is "Light Industrial" and the
Land Use I+71ap designation for the other parcel is "Institutional".
3. Case Law Review Criteria.and Application. The Aubum City Gode does
not include any criteria for rezone applications. Washington appellate cGurts have
imposed some rezone criteria, requiring that the proponents of a rezone must establish
fhat condi4ions have substan4ially changed since the original showing and fhat fhe
rezone must bear a substantial relationship to the public health, safety, morals or
welfare. See Aiimann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a
rezone implements the Comprehensive Plan, a showing that a change of circumstances
has occurred is not required. Id. at 112.
The proposed rezone from "DUG, Downtown Urban Center" to "M1, Light
Industrial" and from "R-20, Residential Zone 20 Units to the Acre" to "I, Institutional"
clearly meets the judicial criteria for a rezone. The e is no question that the propbsal is
necessary to implement the comprehensive plan, as the comprehensive plan land use
map designations for the parcels are "Light Industrial" and the Land Use Map
Ordinance No. 6675
February 12, 2018
Page 5
Page 106 of 196
designation for the other parcel is "Institutional", respectively. The proposed zoning
appropriately implements the land use designations.
The rezone bears a substantial relationship to the public health, safety, morals
and welfare because it will not result in any significant adverse impacts as determined
in Finding of Fact No. 5 while at the same time being consistent with 4he developed
status of the properties and uses.
Sec4ion 4. Upon the passage, approval, and publication of this Ordinance as
proyided by law, the City Glerk of the City of Aubum shall cause this O dinance to be
recorded in the office of the King County Recoriier.
Sec4ion 5. If any section, subsection, sentence, clause, phrase or portion of 4his
Ordinance or any of the Zoning Map amendments adopted herein, is for any reason
held invalid or unconstitutional by any Court of competent jurisdiction, such portion shali
be deemed a separate, distinct and independent provision, and such holding s.hall not
affect the validity of the remaining portions thereof.
Section 6. The Mayor is hereby authorized to implement such administrafive
proce.dures as may be neces.s.ary to carry out the directives of this legislation.
Section 7. This Ordinance shall take effect and be in force five days from and
after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, Mayor
Ordinance No. 6675
February 12, 2018
Page 6
Page 107 of 196
ATTEST:
Danielle E. Daskam,
City Clerk
APPR D A FORM:
D iel B. Hei ,
City Attomey
Published:
Ordinance No. 6675
February 12, 2018
Page 7
Page 108 of 196
1 ST ST NE
SDIVISIONST2ND ST NW
ASTSWB ST NW2ND ST NE
1ST ST NW N DIVISION ST3RD ST NW
ESTSW2ND ST NW
FSTSW1ST ST NW
2ND ST NW
1ST ST NE B ST NEF ST NWGSTNWB ST SWDSTSWD ST NWASTNEASTNEAUBURNAVENE3RD ST NE
CSTSWW MAIN ST
ASTSEASTNWE MAIN ST
3RD ST NW ASTNWC ST NWC ST SWInformation 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 ID: 5965
Printed On: 01/23/2018
City –Initiated Rezone REZ18-0001 – C ST NW
0 80 160 240 320 400
FEET
1 S T ST NE
SDIVISIONST2ND ST NW
ASTSWB ST NW2ND ST NE
1ST ST NW N DIVISION ST3RD ST NW
ESTSW2ND ST NW
FSTSW1ST ST NW
2ND ST NW
1ST ST NE B ST NEF ST NWGSTNWB ST SWDSTSWD ST NWASTNEASTNEAUBURNAVENE3RD ST NE
CSTSWW MAIN ST
ASTSEASTNWE MAIN ST
3RD ST NW ASTNWC ST NWC ST SWZoning
C2 Central Business District
C3 Heavy Commercial District
DUC Downtown Urban Center
M1 Light Industrial District
M2 Heavy Industrial District
P1 Public Use District
R20 Residential 20 DU/Acre
RO Residential Office District
RO-H Residential Office District (Hospital)
Existing Zoning
Proposed Zoning
Parcels
EXISTING
PROPOSED
Page 109 of 196
120TH LN SES E 3 1 0 T H S T
SE 308T
H
P
L
SE 311TH ST 123RD LN SE122ND LN SESE 3 1 2 T H L N
SE 310TH ST
121ST PL SE120TH PL SESE 310TH LN
121ST LN SE117TH PL SESE 312TH PL117THPLSE119THAVESE SE 312TH ST 124THAVESE124THAVESEInformation 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 ID: 5966
Printed On: 01/23/2018
City –initiated Rezone REZ18-0001 - SE 310th ST
0 80 160 240 320 400
FEET120TH LN SES E 3 1 0 T H S T
SE 308TH
P
L
SE 311TH ST 123RD LN SE122ND LN SESE 3 1 2 T H L N
SE 310TH ST
121ST PL SE120TH PL SESE 310TH LN
121ST LN SE117TH PL SESE 312TH PL117THPLSE119THAVESE SE 312TH ST 124THAVESE124THAVESEZoning
C1 Light Commercial District
I Institutional Use District
P1 Public Use District
R20 Residential 20 DU/Acre
R5 Residential 5 DU/Acre
R7 Residential 7 DU/Acre
Existing Zoning
Proposed Zoning
Parcels
EXISTING
PROPOSED
Page 110 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6679 (Gaub)
Date:
February 27, 2018
Department:
CD & PW
Attachments:
Ordinance No. 6679
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Ordinance No. 6679.
Background Summary:
Ordinance No. 6679 modifies portions of Sections 3.10 (Purchasing Policy) and 3.12 (Public
Contracts). Updates related to retainage requirements are necessary to remain consistent
with recent changes to Washington State law. Revising certain portions of the purchasing and
contracting code will allow the City to more efficiently and effectively procure and administer
consultant and construction contracts. Updating the dollar amount thresholds so authorization
limits are consistent between the purchasing and contraction sections is needed.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 5, 2018 Item Number:ORD.D
Page 111 of 196
ORDINANCE NO. 6 6 7 9
AN ORDINANCE OF THE CITY COUNCI6 OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 3.10.020,
3.10.025, 3.10.026, 3.12.020, 3.12.030, 3.12.060, 3.12.070
AND 3:12.080 OF THE CITY CODE AND CREATING A NEW
SECTION 3.10.060 OF THE CITY CODE RELATING TO
PUBLIC CONTRACTING
WHEREAS, the current provisions of the Auburn City Code address requirements
for public contracting and purchasing; and
WHEREAS, updates related to retainage requirements are necessary to remain
consistent with recent changes to Washington Sfate law.
WHEREAS, revising certain portions of 4he purchasing and contracting code will
allow the City to more efficiently and effectively procure and administer sonsultant and
construction contracts; and
WHEREAS, updating the dollar thresholds so authorization limits are corisiStent
between the purchasing and contacting se.ctions is needed.
NOW, THEREFORE, THE CITY COUNCIL, THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. AMENDMENT TO CITY CODE. Section 3.10A20 of the Aubum City
Code be, and the same hereby is, amended to read as follows:
3.10.020 Contract authorization limits.
A. The following authorization approval limits shall apply for all city contracts.
For contracts with total dollar amounts up to $10,000.00, authority rests at the department
di ector leyel. All contracts over $10,000.00, up to $50,000.00, and coritracts that have
been individually and separately listed in the city's annual buiiget shall be approved and
signed by the mayor. For all unbudgeted expenditu es not individually and separately
listed in fhe city's annual budget in exce.ss of'$50,0OO.OQ approval shall be obtained fro,m
the mayor and the city council.
B. For purposes of this section, a contract is"individually and separately listed"
if it is:
Ordinance No. 6679
February 16, 2018
Page 1
Page 112 of 196
1. Expressly identified, in writing, defining or describing the expenditure o.r
project as a line-item in the budget;
2.Identified by express reference to the GP-CFP or TIP project, or other
specific project in the budget.
C. If a contract does not provide for cash con.sideration, the responsible
department will estimate the value of the contract as if there was cash consideration:
Authorization authority will be based on that estimated value.
D. If a cont act does not provide for cash consideration, but requires the cityto
indemnify the other party, the responsible department, in consultation with the risk
manager, shall determine the value of the city's possible indemnification risk.
Authorization authority will be based on that estimated dalue.
E. Unless the value is $25,000.00 or less, or unless required for a budqeted
rpoiect, or unless otherwise authorized in fhis code orotherwise expressly authorized by
the city council, all contracts that convey an interest in real estate shall be approved by
the city council. (Ord. 6528 § 2, 2014; Ord. 6147 § 1, 2008; Ord. 5778 § 2, 2003; Ord.
5490 § 1, 2000.)
Section 2. AMENDMENT TO CITY CODE. Se.ction 3.10.025 of the Auburn City
Code be, and the same hereby is, amended to read as follows:
3.10.025 Professional and personal services.
A. Profe.ssional and personal se.rvices are those services involving specialized
skill, education, and special knowledge. These services include, but are not limited to,
architectural, engineering, design services, accounting, art, real estate appraisal,
elocatioci assistance, title absfracts, surveying, soils analysis, and core te.sting.
B. Procurement and administration of such contracts are the responsibility of
the mayor or the department director. The mayor/designees may sign professional or
personal service contracts in conforrriity with ACC 2:03.030 and 3.10.020. Council action
will be required to authorize amendmenfs to contracts that are ei4her not inclutled in 4he
budget or exceed fhe approved budget as follows:
1. When the original eon#ract is under $25,888$50,000.00 and was not
included in the budget and the total of the amendment(s) will increase the total contract
I amount to more than 25,s98$50,000.00.
2. When the original contract is $889$50,000.00 or more and was not
included in the budget and the total of the amendment(s) will increase the total contract
amount by more than 25-;988$50,000.00 and the amendment(s) are also not budgeted.
3. When the original contract was included in the budget and fhe total of fhe
ame.ndment(s) to the contract will increase the total contract amount to more than
888$50,000.00 above the amount included in the budget.
C. Council action is required for the initial authorization of contracts for on-call
services. For contracts solicited for a contract period of up to 5 vears, each on-cail
contract maV be amended by the mavor on an annual basis to extend the contract
duration bv up to 1-vear for a total du[ation not to exceed the oriqinal solicited.contract
period and may be amended bv the mavor to increase the contract amount bV an amount
Ordinance No. 6679
February 16, 2018
Page 2
Page 113 of 196
equal to or less than the oriQinal contract amount authorized bv the citv council. (Ord.
6147 § 1, 2008; O d. 5640 § 1, 2002; Ord..5490 § 1, 2000.)
Section 3. AMENDMENT TO CITY CODE. Section 3.10.026 of the Aubum City
Code be, and the same hereby is, amended to re.ad as follows:
3.10.026 Public work projects —Contract amendment— Conditions.
A. Construction contracts which have been initially authorized by the city
couocil or the mavor or mavor's desipnee may be amended administratively by the
mayoNde.signees by change order, letter of instruction, or other legally appropriate form,
up 4o the total maximum contract amounts set forth belowc
1. Awarded contract amount plus up to 28-twentv percent 2( 0%) for contracts
originally awarded for up to $200,000.00.
2. Awarded contract amount plus up to 5-fifteen percent 1( 5°l0) or$40,000.00,
whichever is greater, for contracts originally awarded for between $200,000.00 and
500,000.00.
3. Awarded contract amount plus up to 8-ten percent 10% or $75,000.00,
whichever is greater, for contracts originally awarded for between $500,000.00 and
1,000,000.00.
4. Awarded contract amount plus up to five percent 5% or $100,000.00,
whichever is greater, for contracts originally awarded for befinreen $1,000,000.00 and
5,000,OOO.Q0.
5. Awarded contract amount plus up to two and one-half percent 2'/z%o or
250,000.00, whichever is greater, for contracts originally awarded for over
5,000,000.00.
B. If available budget contingency remains after the authorized total maximym
contract amount, as defined in subsection A of this section, is reached, additional
authorization to increase the total contract amount shall be obtained from the appfep+ate
city council ^^.
C. No administrative action is au4horized, the result of which would be to
amend a contract to increase #he authorized total maximum contract amount, as defined
in subsection A of this section, beyond funds approved by the city council. (Orcl. 6147 §
1, 2008; O d. 5525 § 1, 2001.)
Section 4. AMENDMENT TO CITY CODE. Section 3.12.020 of the Auburn City
Code be, and the same hereby is, amended to read as follows:
3.42.020 Bid solicitation.
A. Formal Aiivertisement Requi ed. Except as otheruVise authorized in
Chapters 39.04 and 39.28 RCW or RCW 35.23.352, relating to emergency public works,
or other applicable general state law, as now enacted or as hereafter amended, all public
work and improvements shall be done by contract pursuant to public notice and call for
competitive bids whenever the estimated cost of such public work or improvement,
Ordinance No. 6679
February 16, 2018
Page 3
Page 114 of 196
including the cost of materials, supplies, equipment and labor, will excee.d the limits for
competitive bid as stated in RCW 35.23.352 as now enacted or as hereafter amended,
provided the city may use a smalf works roster pursuant to RCW 95.23.352.
Where formal bidding is equired, a call for bids shall be issued in accordance with
the proVisions herein before any contract is let for 4he performance of any publicwork.
B. Formal Advertising Procedures. For projects requiring formal advertisement
per this section, a notice of a call for bids, stating the natu e of the contract to be let and
the time on or before which sealed bids for the same must be filed with the city clerk, shall
be given by posfing no4ice thereof on 4he bulletin board in the lobby of City Hall. The
notice shall also be published in the official newspaper, and a newspaper of general
circu.lation most likely to bring responsive bids, at least 13 days prior to the last date upon
which bids will be received. The notice shall gene"rally state the nature of the work to be
done, where the plans and specifications may be seen or obtained, and a specified hour
and date when such bids shall be opened, and that 4he sealed bids be filed with the city
clerk within the time specified therein. The clock within the city clerk's office shall be the
o cial time used for determining receipt of bids.
C. Council Approval. Issuance of solicitations for bids shall require city council
consent approval unless the solicitation is for a project identified in the city's current
approved budget at the time ofbid solicitation or if the estimated contract amount is within
the budget authority of the mayor as provided in Chapter 3.10 ACC.
D. For the purposes of determinina whether or not biddinq contractors must
declare the names of subcontractors for certain work based on the amount of the
contractor's expected costs per RCW 39.30.060 the exqected costs of the contract shalf
be the enqineer's estimate of the contract work plus the amount of anv work added bv
addenda to the bid documents plus anv applicable sales tax computed at the rate in place
at the time of bid openinq.
E. For p ejests-contracts not require.d to be formally adyertised, the city shall
issu.e an inyitation to bid, request for guote or other form as determined appropriate by
the city engineer Non-formal advertised
cont acts mav conform to the small works roster or Iimited public works qrocess described
in F2CW 39.04.155 or other procurement process as deemed appropriate bv the citv
enqineer. (Ord. 6545 § 1, 2014; Ord, 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 §
2, 1992. Formerly 3.12.011 and 3.12.020.)
Section 5. AMENDMENT TO CITY CODE. Section 3.12.030 of the Aubum City
Code be, and the same hereby is, amended to read as follows:
3.12.030 Bid opening,
A. For FsjeeE contrasts utilizing a formal advertisement process per ACC
3.12.020, bids shall be opened and publicly ead aloud by the city clerk at the time and
location as set forth in the contract advertisement.
B. For e ests-contracts not utilizing a formal advertisement process, the city
engineershall determine whethera public reading of the bid's is required and indicate this
in the new invitation to bidders or request for quote documents. (Ord. 6545 § 1, 2014.)
Ordinance No. 6679
Februa.ry 16, 2018
Page 4
Page 115 of 196
Section 6. AMENDMENT TO CITY CODE. Section 3.12.060 of the Auburn City
Code be, and the same hereby is, amended to read as follows:
3.12.Ofi0 Award.
For sont acts greater than the bid limits as provided in RGW 35.23.352, as now enacted
or as hereafter amended, the city Founcil shall awa.rd the contract to the Iqwest
responsible bidder. For contracts less#e than the bid limits provided in RCW 35.23.325;
as now enacted or as hereafter amended;the ditector or his/her designee shall have 4he
authority to award the contract. (Ord. 6545 § 1, 2014.)
Se.ction 7. AMENDMENT TO CITY CODE. Section 3.12.070 of the Aubum Gity
Code be, and the same hereby is, amended to read as follows:
3.12.070 Contractor's bond.
A. Whenever the city s,hall contract with any person or corporation to do any
work, the city shall require the person or persons with whom such contract 'is maiie to
make, execute, and deliver to the city clerk a sufficient bond, wi4h a surety company as
surefy, condi4ioned 4hat such person or persons shall faithfully perform all the proVisions
ofsuch contract and pay all laborers, mechanics, subcontractors and material suppliers,
and all persons who supply such person or persons, or subcontYactors, with provisions
and supplies for the carrying on of such work. Said security company in accordance with
RCW 39.08.010 shall be bound by the laws of the state of Washingto,n and subject to the
jurisdiction of the state of Washington: The provisions of RCW 39.08.010 thrbugh
39.08.030 shall not apply to any money loaned or advanced to any such contractor,
su6contractor or other person in the perFormance of any such work.
B. For contracts using the limited public works process, the city may waive the
payment and performance bond requirements of Chapter 39.08 RGW and retainage
requirements of Chapter 60.28 RCW, thereby assuming the liability for the conttacto's
nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes
imposed under RCW Title 82 that may be due from the contractor for the limited public
works project; however, the city shall have the right of recovery against the contractor for
any payments made on the confractor's 6ehalf. The city engineer shall have the authority
to waive the payment and performance bond requirements and retainage repuirements
based on his/her evaluation of the Project and determination of risk.
I C. On contracts of 35 989$150,000.00 or less, upon +ataal
ag,request by the contractor, fhe city may, in lieu of the bond, retain ten percent
1( 0%) of the contract amount for a period ofi30 days after#he date offinal acceptance, or
until receipt of all necessary releases from the Department of Reyenue, Employment
Secu.rity Department, and the Department of Labor and Industries receipt of all affidavits
of wages paid for the prime and subcontractors, and settlement of any liens filed under
Chapter 60.28 RCW, whichever is later.
Ordinance No. 6679
February 16, 2018
Page 5
Page 116 of 196
D. For the purposes of-determining the timeframe required for notices ofclaims
aaainst retainape and release of retainaqe the city enqineer shall have the authoritv to
take affirmative action to determine fhat a contract is complete and to accept the contract
work. (Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2,
1992. Formerly 3.12.040.)
Section 8. AMENDMENT TO GITY CODE. Section 3.12.080 of the Ruburn Gity
Code be, and the same hereby is, amended to read as follows:
3.12.080 Contractor evaluation form.
A. After work is performed bya contractor, the
centrasE-ad iRistcat^•'^
on";s city_shall evaluate the confracfor's work performance
as to certain criteria but not limited to the following:
P 1. Progress of the work, including:
a. The ability, capacity and skill of the contractor to perform the work;
b. Whether the contractor perFormed the work promptly and within the time
specified without delay or interFerence;
2. Quality of the work;
G3. Equipment;
4. Administration/managemenUsupervision;
5. Coordination and confrol of subcontractors;
6. Whether the contractor provided a safe working environment for his/her
employees and the general public;
67. Whether the contractor stood behind his/her service or work performed.
B. A copy of the contractor eValuation form will be sent to the contractor +#
eqaes edand any contractor responses will be added to the evaluation. The contractor
evaluation form may be used by the city 4o determine whether or not the contractor is a
responsible bidder who should be considered for further public works projects. The citv
may aiso complete evaluations for subcontractors utilizina the same process desc ibed
herein for contractors and then utilize fhe subcontractor evaluations to determine bidder
responsibilitv and in determininq whether or not to approve a contractor's request to
sublet. (Ord.. 6545 § 1, 2014; Ord. 4924 § 3, 1997. Formerly 3.12.025.)
Section 9. NEW SECTION TO CITY CODE. That a New Section 3.10.060 of the
Aubum Gity Code be, and the same hereby is created to read as follows:
3.10.060 Sole Source Purchas.es of Equipment and Materials —Authorization
The mayor is hereby authorized to waive competitive bidding requirements for
purchases of equipment or material when the purchase is limited to a single source of
supply as determined by the city engineer, pursuant to RCW 39.04.280. A single source
of supply shall be defined as either 1) only one available brand, manufacturing company,
or vendor from which the city may purohasethe needed material or 2) city engineerhas
Ordinance No. 6679
February 16, 2018
Page 6
Page 117 of 196
determined that it is in the public's best interest to purchase only one particular brantl,
type, or model of material for maintenance and/or quality performance reasons.
Section 10. ADMINISTRATIVE PROGEDURES. The Mayor is hereby authorized
to implement such atlministra4ive procedures as may be necessary to carry out the
directions of this legislation.
Section 11. SEVERABILITI''. The provisions of fhis 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 yalidity of its application to other persons or circumstances.
Section 12. EFFECTIVE DATE. This Ordinance shap take effect and be in force
fiye days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APP VED FORM:
niel B. Meid, ityAttorney
Published:.
Ordinance No. 6679
February 16, 2018
Page 7
Page 118 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5346 (Gaub)
Date:
February 26, 2018
Department:
CD & PW
Attachments:
Res olution No. 5346
Draft Ordinance No. 6674
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5346.
Background Summary:
Resolution No. 5346 sets the date of the public hearing for Franchise Agreement No. 17-22
for Olympic Pipe Line Company, LLC. for March 19, 2018 at 7:00 pm.
Olympic Pipe Line Company LLC is currently operating under an agreement with has recently
expired and has applied for a new Franchise Agreement to continue to operate within the
City’s rights of way an interstate pipeline for the transportation of petroleum products. Per
Auburn City Code Chapter 20.06.030 a public hearing shall be held prior to granting or
denying a franchise agreement.
Draft Ordinance No. 6674 is attached as back up documentation for Resolution No. 5346.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 5, 2018 Item Number:RES.A
Page 119 of 196
RESOLUTION NO. 5 3 4 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN,IIVASHINGTON, SETTING A PUBLIC HEARING TO
CONSIDER A FRANCHISE AGREEMENT WITH OLYMPIC
PIPE LINE COMPANY, LLC
WHEREAS, Olympic Pipe Line Company, LLC. ("Grantee") has applied to 4he City
fora non xclusive FranchiseAgreementforthe rightofentry, use, and occupation ofcertain
public rights-of-way within the City bf Auburn, expressly to install, construct, erect, ope[ate,
maintain, repair, relocate and remove its facilities in, on, upon, along and/or across those
right(s)-of-way; and
WHEREAS, The City has reviewed the Grantee's application materials, and the City
Engineer is satisfied that the application is sufficiently complete, so as to warrant holding a
pu6lic hearing before the City Council to consider the franchise application, pursuant to ACC
20.06.030 of the Aubum City Code (ACC):
NOW, THEREFORE, THE CIN COUNCIL OF THE CITY OF AUBURN,
WAS.HINGTON, HEREBY RESOLVES as foliows:
Sectioh 1. That a hearing on the application by the Grantee for a Franchise
Agreement with tlie City of Auburn is here6y set for 7:00 p.m. on 4he 19fh day of March,
2018, with all persons wishing to speak to the application at 4he public hearing being invited
to attend.
Section 2. The Mayor is hereby authorized to implement such administrafive
procedures as may be necessary to carry out the direc4iVes of this legislafion, inciuding
Resolution No. 5346
Franchis.e Agreement No. 17-22
January 17, 2018
Page 1 of 2
Page 120 of 196
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of 2018.
CITY OF AUBURN
Nancy Backus
Mayor
Attest:
Danielle E: Daskam, City Clerk
Appr ed as F
Daniel B. Hei , City Attorn
Resolution No. 5346
Franchise Agreement No. 17-22
January 17, 2018
Page 2 of 2
Page 121 of 196
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 1 of 27
ORDINANCE NO. 6 6 7 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING A
FRANCHISE AGREEMENT FOR A PETROLEUM
PRODUCTS PIPELINE TO OLYMPIC PIPE LINE
COMPANY, LLC
WHEREAS, Olympic Pipe Line Company, LLC (“Grantee”) has applied to
the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to install,
construct, erect, operate, maintain, repair, relocate and remove its facilities in, on,
over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording opportunity
for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest of
the City and its inhabitants that the franchise be granted to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A”, attached hereto and
incorporated by reference (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair, for provision of those services set forth in
Exhibit “B” (“Grantee Services”) pipeline or pipelines, and associated valves,
fittings, location markers and signs, communication systems, utility lines, signage,
protective apparatus, and all other appurtenances, equipment, and facilities,
Page 122 of 196
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 2 of 27
whether above or below grade, useful or incidental to or for the operation or
protection thereof (the “ Grantee Facilities”), and conduct such other activities as
may be convenient in connection therewith as determined by Grantee, for the
transportation of oil, gases, liquids, solids, or any mixtures thereof, and any
product, by-product, and derivatives thereof, on, over, under, across, and through
the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City. This Franchise is intended to convey only a limited right
and interest and is not a warranty of title or interest in the City’s right-of ways. The
Agreement does not convey any right to Grantee to install Grantee Facilities on or
to otherwise impact, city-owned or leased properties, easements, or rights-of way
outside the ones identified in Exhibit A.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes with
Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
Page 123 of 196
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 3 of 27
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. This Franchise is subject to the provisions of Auburn City Code
(“ACC”), including specifically ACC Chapter 20.10, “CONDITIONS OF PUBLIC
WAY AGREEMENTS, FRANCHISES, AND FACILITIES LEASES”, and all
applicable federal and state laws, codes and regulations as currently exist or as
amended. However, if the provisions of city code, as amended or superseded,
conflict with any terms and conditions of this agreement, the provisions of this
agreement shall govern.
Section 2. Notice
A. Whenever this Franchise calls for notice to or notification by any
party, the same (unless otherwise specifically provided) shall be in writing and
directed by certified mail to the recipient at the address set forth in this Section.
If the date for making any payment, notice, or performing any act is a legal holiday,
payment or notice may be made or the act performed on the next succeeding
business day which is not a legal holiday.
City: Engineering Aide,
Community Development and Public Works Department
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee: Olympic Pipe Line Company, LLC.
Right of Way Agent
2319 Lind Ave SW
Renton, WA, 98057
Telephone: (425) 235-7736, Fax (425) 981-2525
Page 124 of 196
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 4 of 27
B. Any changes to the above-stated Grantee information shall be sent
to the City’s Engineering Aide, Community Development and Public Works
Department, with copies to the City Clerk, referencing the title of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall be
staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of 10 (ten) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
an additional ten (10) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth therein (currently between 180 and 240 days prior to expiration
of the then-current term). Any materials submitted by the Grantee for a previous
application may be considered by the City in reviewing a current application, and
the Grantee shall submit those materials that differ from the previous materials or
as deemed necessary by the City to address changes in the Grantee Facilities or
Grantee Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues year to year until renewed or either
party gives written notice at least one hundred and eighty (180) days in advance
of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
Page 125 of 196
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 5 of 27
“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” or “Right-of-Way” means the surface and the space above and
below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks,
easements, rights-of-ways and similar public properties and areas.
“Grantee Facilities” or “Facilities” means, collectively, any and all systems owned
or operated by Grantee located in the City Rights-of-Way, including but not limited
to pipelines, mains, laterals, fixtures, communication systems, and any and all
other equipment appliances, attachments, appurtenances and other items
necessary, convenient, or in any way appertaining to any and all of the foregoing
for the purpose of transmission of petroleum products, whether the same be
located over or under ground.
“Hazardous Substance” shall specifically include, but shall not be limited to,
petroleum and petroleum products and their by-products, residue, and remainder
in whatever form or state.
“Operate” or “Operations” shall mean the operation, use, and maintenance of
Grantee Facilities, pursuant to the terms of this Agreement.
“Party” or “Parties” means collectively the City and Grantee, and individually either
the City or Grantee.
“Public Works Project” means, any City capital improvement or the construction,
relocation, expansion, repair, maintenance, or removal of any part of the Right-of-
Way or City-owned facilities located on or in the Right-of-Way for: parks; streets;
sidewalks; curbs; pedestrian and/or vehicle traffic; sewers, storm water drains;
water facilities, and; City-owned fiber optic cable, conduit or network facilities.
“Third Party” means any person, party, or entity other than the City and Grantee.
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“FERC” means the Federal Energy Regulatory Commission, or such other
successor regulatory agency having jurisdiction over interstate pipeline
companies.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not become
effective for any purpose unless and until Grantee files with the City Clerk (1) the
Statement of Acceptance, attached hereto as Exhibit “C,” and incorporated by
reference, (2) all verifications of insurance coverage specified under Section 17,
(3) the financial guarantees specified in Section 18 and (4) payment of any
outstanding application fees per the City fee schedule. These four items shall
collectively be the “Franchise Acceptance”. The date that such Franchise
Acceptance is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise Agreement, 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
Facilities. Grantee shall comply with all applicable City, State, and Federal codes,
rules, regulations, and orders, as they now exist or as may be hereafter amended
or superseded, 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 Right-of-Way within which Grantee is under taking its
activity. Such efforts shall include, at a minimum, reasonable and diligent efforts to
keep the other party and other utilities within the Right-of-Way informed of its intent
to undertake such construction work.
C. In addition to complying with ACC 20.10.80, as hereafter amended
or superseded, Grantee Facilities shall be located and maintained within the Right-
of-Way so as not to interfere with the reasonable ingress or egress to the properties
abutting the Right-of-Ways as they existed or exist at the time of installation of the
Grantee Facilities. The City expressly reserves the right to prescribe how and
where Grantee Facilities shall be installed within the public right-of-way and may
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from time to time, pursuant to the applicable sections of this Franchise, require, at
no cost to the City, the removal, relocation and/or replacement thereof in the public
interest and safety at the expense of the Grantee.
D. Grantee shall continuously be a member of the State of Washington
One Number Locator service under RCW Chapter 19.122, or an approved
equivalent as determined by the City, and shall comply with all such applicable
rules and regulations. Before commencing any work within the Right-of-Way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, Right-of-Way, and such other places in
the Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
H. Markers demarcating the pipeline's location shall be placed on
the surface consistent with federal requirements to provide clear warning of the
presence of the pipeline but in a manner that does not interfere with trails or other
public uses in that area. Additionally, Grantee shall place continuous underground
markers demarcating the pipeline's location each time Grantee digs to the pipeline
for any reason.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair and
emergency response work as required under the circumstances, provided that the
Grantee shall notify the City telephonically during normal business hours (at
253.931.3010 and during non-business hours at 253-876-1985 as promptly as
possible before such repair or emergency work commences, and in writing as soon
thereafter as possible. Such notification shall include the Grantee’s emergency
contact phone number for the corresponding response activity. For any
emergency or after normal business hour issues involving the Grantee’s facilities
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which requires the Grantee’s immediate response the City shall contact the
Grantee at 888-271-8880 which is operated 24 hours a day, seven days a week.
The City may act, at any time, without prior written notice in the case of emergency,
but shall notify the Grantee in writing as promptly as possible under the
circumstances of the nature of the emergency and the actions taken to address it.
Section 8. Damages to City and Third-Party Property
A. 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 and then to the condition it was in immediately prior to being damaged.
Such repair work shall be performed and completed to the satisfaction of the City
Engineer.
B. If Grantee has failed to perform any work required to be performed
in a timely manner under this Ordinance, or to correct an unsafe condition, the City
may itself perform or have performed such work. Grantee shall pay all reasonable
costs incurred by the City to perform such work upon demand of the City.
C. All survey monuments which are disturbed or displaced by Grantee
in its performance of any work under this Agreement shall be referenced and
restored by Grantee, as per WAC 332-120, as from time to time amended, and all
applicable federal, state, and local standards and specifications.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another private utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or Right-of-Way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
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the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. When constructing new facilities, or replacing or reconstructing
facilities, Grantee shall maintain a minimum underground horizontal separation of
ten (10) feet from City water and five (5) feet from City sanitary sewer and storm
sewer facilities; provided, that for development of new areas, the City, in
consultation with Grantee and shall coordinate with other utility purveyors or
authorized users of the Public Way, will develop and follow the City’s determination
of guidelines and procedures for determining specific utility locations, subject
additionally to this agreement.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City Engineer to coordinate municipal functions with
Grantee’s activities and fulfill any municipal obligations under state law. Said
information shall include, at a minimum, as-built drawings of Grantee Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, compatible with the City’s data base system, as now or
hereinafter existing, including the City’s geographic information Service (GIS) data
base. Grantee shall keep the City Engineer informed of its long-range plans for
coordination with the City’s long-range plans.
B. Upon the City’s reasonable request, in connection with the design of
any Public Works Project, Grantee shall verify the location of Grantee Facilities at
no expense to the City. In the event Grantee performs excavation, the City shall
not require any restoration of the disturbed area in excess of restoration to the
same condition as existed immediately prior to the excavation.
C. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Grantee
shall clearly mark any information that it provides to the City as “Proprietary”
information if Grantee believes that disclosure of that information would be exempt
under the trade secrets exemption in RCW 42.56.270. The City agrees that if it
receives a request for Grantee’s proprietary information, it will initially assert the
exemption under 42.56.270, and will notify Grantee of the request.
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The City shall not initiate legal action to prevent disclosure of Grantee’s
proprietary information. If a requestor files a lawsuit to compel disclosure, Grantee
agrees to defend the action at Grantee’s sole expense.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the City
because of non-disclosures requested by Grantee under Washington’s open
public records act, provided the City has notified Grantee of the pending request
or Grantee is made aware of the request or claim.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to relocate,
remove, or reroute its facilities within one hundred and eighty (180) days of being
ordered by the City Engineer at no expense or liability to the City, except as may
be required by RCW Chapter 35.99. Such alternate location for relocation of
Grantee’s facilities shall be determined and approved jointly by the City and
Grantee at no cost to the City. Pursuant to the provisions of Section 16, Grantee
agrees to protect and save harmless the City from any customer or third-party
claims for service interruption or other losses in connection with any such change,
relocation, abandonment, or vacation of the Public Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City (a “Third Party”), that
party shall pay the Grantee the actual costs thereof. Any contractor doing work
pursuant to contract with the City shall not be considered a Third Party for purposes
of this section.
C. Any condition or requirement imposed by the City upon any Third
Party (including, but not limited to, any condition or requirement imposed pursuant
to any contract or in conjunction with approvals or permits obtained pursuant to
any zoning, land use, construction or other development regulation) which requires
the relocation of Grantee’s Facilities within the Rights-of-Way shall be a condition
or requirement causing relocation of Grantee’s Facilities to occur subject to the
provisions of Subsection B above; provided, however in the event the City
reasonably determines and notifies Grantee that the primary purpose of imposing
such condition or requirement upon such Third party is to cause or facilitate the
construction of a Public Works Project to be undertaken within a segment of the
Right-of-Ways on the City’s behalf and consistent with the City’s Capital Facility
Plan or Transportation Improvement Program, then Grantee shall relocate its
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Facilities within such segment of the Rights-of-Way in accordance with this
Agreement.
D. As to any relocation of Grantee’s Facilities whereby the cost and
expense thereof is to be borne by Grantee in accordance with this Section 11,
Grantee may, after receipt of written notice requesting such relocation, submit in
writing to the City alternatives to relocation of its Facilities. Upon the City’s receipt
from Grantee of such written alternatives, the City shall evaluate such alternatives
and shall advise Grantee in writing if one or more of such alternatives are suitable
to accommodate the work which would otherwise necessitate relocation of
Grantee’s Facilities. In evaluating such alternatives, the City shall give each
alternative proposed by Grantee full and fair consideration with due regard to all
facts and circumstances which bear upon the practicality of relocation and
alternatives to relocation. In the event the City determines that such alternatives
are not appropriate, Grantee shall relocate its Facilities as otherwise provided in
this Agreement.
E. Nothing in this Section 11 shall require Grantee to bear any cost or
expense in connection with the relocation of any facilities under benefit of
easement independent of this Agreement or other rights not arising under this
Agreement, nor shall anything in this Section 11 require the City to bear any such
cost or expense. Nothing in this Section 11 shall be construed to be a waiver of
any right of either Grantee or the City to contest any claim or assertion by the other
of responsibility to pay such cost or expense.
F. Subject to ACC 20.10.160, in the event of an emergency posing a
threat to public safety or welfare requires the relocation of Grantee’s Facilities
within the Rights-of-Way, the City shall give Grantee notice of the emergency as
soon as reasonably practicable. Upon receipt of such notice from the City (and
subject to the issuance of any necessary order(s) of the Federal Energy Regulatory
Commission), Grantee shall endeavor to respond as soon as reasonably
practicable to relocate the affected Facilities.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall
(subject to any necessary approval(s) and/or order(s) to be provided by FERC
concerning abandonment), at the City’s discretion, either abandon in place or
remove the affected facilities. Abandonment or removal shall be at the sole cost
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and expense of Grantee. Any Facilities left in place shall be made inert by
disconnecting and sealing such Facilities, all in compliance with applicable
regulations and industry standards. The City’s consent shall not relieve Grantee
of the obligation and/or costs to subsequently remove or alter such Facilities in the
event the City reasonably determines that such removal or alteration is necessary
or advisable for the health and safety of the public, in which case Grantee shall
perform such work at no cost to the City. The obligations contained in this Section
shall survive the expiration, revocation, or termination of this Agreement.
Section 13. Encroachment Management
Grantee shall manage and inspect encroachments as defined by federal
and applicable state and local laws, rules, regulations and industry standards, as
now enacted or hereinafter amended, and any other future laws or regulations that
are applicable to Grantee, the Facilities, and business operations. Upon
notification to Grantee of planned construction by another within ten (10) feet of
Grantee’s pipeline, Grantee shall flag the precise location of its Facilities before
the construction commences, provide a representative to inspect the construction
when it commences, and periodically inspect thereafter to ensure that Grantee’s
pipeline is not damaged by the construction.
Section 14. Emergency Management, Leaks, Ruptures, and Emergency
Response.
A. Annually, upon the request of the City, Grantee shall meet with the
Valley Regional Fire Authority, the Auburn Police Department, and the City’s
Emergency Management Office to coordinate emergency management operations
and, at least once a year, at the request of the City, Grantee personnel shall
actively participate with the Valley Regional Fire Authority and the City in
emergency preparedness drills or planning sessions.
B. Grantee shall have in place, at all times during the term of this
Agreement, a system for remotely monitoring pressures and flows across the
Right-of-Way.
C. During the term of this Agreement, Grantee shall have a written
emergency response plan and procedure for locating leaks and ruptures and for
shutting down valves as rapidly as possible.
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D. Upon acceptance of this Agreement, Grantee shall provide the City
with a copy of its emergency response plans and procedures, including, but not
limited to, emergency rupture response.
E. Grantee's emergency plans and procedures shall designate
Grantee’s responsible local emergency response officials and a direct twenty four
(24) hour emergency contact number for the control center operator. grantee shall,
after being notified of an emergency, cooperate with the City and make every effort
to respond as soon as possible to protect the public's health, safety and welfare.
F. Grantee shall be solely responsible for all its necessary costs
incurred in responding to any leak, rupture or other release of petroleum products
from Grantee's Facilities, including, but not limited to, detection and removal of any
contaminants from air, earth or water, and all remediation costs.
G. If requested by the City in writing, Grantee shall provide a written
summary concerning any leak or rupture within thirty (30) days of the event,
including, but not limited to, the leak or rupture's date, time, amount, location,
response, remediation and other agencies Grantee has notified.
Section 15. Maintenance, Inspection, and Testing.
Grantee shall remain solely and separately liable for the function, testing,
maintenance, replacement and/or repair of the Facilities or other activities
permitted under this Agreement. Grantee shall operate, maintain, inspect, and test
the Facilities in full compliance with all applicable federal, state, and local laws,
rules, regulations, and industry standards, as now enacted or hereinafter
amended, and any other future laws or regulations that are applicable to Grantee,
the Facilities, and business operations.
Section 16. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the harmless from
any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature
including attorneys’ fees arising out of or in connection with the Grantee’s
performance under this Franchise, except to the extent such costs, claims, injuries,
damages, losses, suits, or liabilities are caused by the sole negligence of the City.
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
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maintenance and/or construction work performed by, or on behalf of, the City within
any other City road, Right-of-Way, or other property, except to the extent any such
damage or loss is directly caused by the sole negligence of the City, or its agent
performing such work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee for the City’s failure
or inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee shall indemnify the City against any and all third-party costs, claims,
injuries, damages, losses, suits, or liabilities based on the City’s failure or inability
to provide such services.
D. Acceptance or inspection by the City of any work performed by the
Grantee shall not be grounds for avoidance of this section.
It is further specifically and expressly understood that the indemnification
provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of
this Agreement.
E. Grantee shall indemnify, defend and hold the City, its appointed and
elective officials, agents, officers, employees, and volunteers harmless from and
against any and all claims, demands, liability, loss, cost, damage or expense of
any nature whatsoever including all costs and attorney’s fees, made against the
City on account of violation of any environmental laws applicable to the Grantee
Facilities, or from any release of or hazardous substances on or from the Grantee
Facilities. This indemnity includes, but is not limited to: (a) liability for a
governmental agency’s costs of removal or remedial action for hazardous
substances; (b) damages to natural resources caused by hazardous substances,
including the reasonable costs of assessing such damages; (c) liability for any
other person’s costs of responding to hazardous substances; and (d) liability for
any costs of investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under any environmental laws.
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Section 17. Insurance
A. The Grantee shall procure and maintain, or cause its contractors to
maintain (in the case of Professional Liability), for the duration of this Franchise,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Grantee, its agents, representatives, or employees in the amounts and types set
forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for bodily
injury and property damage of $2,000,000.00 (two million dollars) 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 $100,000,000.00 (one hundred million dollars) each occurrence,
$100,000,000.00 (one hundred million dollars) general aggregate and a
$100,000,000.00 (one hundred million dollars) products-completed operations
aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, stop gap liability, and personal injury and
advertising injury and liability assumed under an insured contract. There shall be
no endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse, or underground property damage. To the
extent of the liabilities assumed by Grantee, the City shall be named as an
additional insured under the Grantee’s Commercial General Liability insurance
policy with respect to the work performed under this Franchise using ISO
Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional engineers or surveyors contracted by
Grantee to perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
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B. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability (if applicable),
and Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary insurance
as respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Grantee’s insurance and shall not
contribute with it.
2. To the extent of the liabilities assumed by Grantee, the
Grantee’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party except after thirty (30) days’ prior written notice by
certified mail, return receipt requested, has been given to the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements specified
herein before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
Furthermore, Grantee may utilize a combination of primary and excess insurance
policies to satisfy the requirements specified herein.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
G. Pollution Legal Liability, to be in effect throughout the term of this
Franchise, with a limit not less than $50,000,000 per occurrence and in the
aggregate to the extent such coverage is reasonably available in the marketplace.
If the Pollution Legal Liability coverage is purchased on a “claims made” basis,
then the Grantee warrants continuation of coverage, either through policy renewals
or the purchase of an extended discovery period, if such extended coverage is
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available, for not less than three (3) years from the date of termination of this
Franchise and/or conversion from a “claims made” form to an “occurrence”
coverage form.
H. Any deductibles shall be the sole responsibility of the Grantee. The
insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom a claim is made or
suit is brought, except with respect to the aggregate limits of the insurer’s liability.
I. The indemnity and insurance provisions herein under Sections 16
and 17 shall survive the termination of this Franchise and shall continue for as long
as the Grantee’s Facilities shall remain in or on the Franchise Area or until the
parties execute a new Franchise agreement that modifies or terminates these
indemnity or insurance provisions.
Section 18. Performance Security
The Grantee shall provide the City with a financial guarantee in the amount of Fifty
Thousand Dollars ($50,000.00) running for, or which shall annually automatically
renew over, the term of this Franchise, in a form and substance acceptable to the
City. In the event Grantee shall fail to substantially comply with any one or more
of the provisions of this Franchise, then there shall be recovered jointly and
severally from the principal and any surety of such financial guarantee any
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties,
and the cost of removal or abandonment of facilities hereinabove described.
Grantee specifically agrees that its failure to comply with the terms of Section 22
(Enforcement & Remedies) shall constitute damage to the City in the monetary
amount set forth therein. Such a financial guarantee shall not be construed to limit
the Grantee’s liability to the guarantee amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 19. Relationship of the Parties
A. Nothing in this Agreement shall be construed to create or confer any
right or remedy upon any person(s) other than the City and Grantee. No action
may be commenced or prosecuted against any Party by any Third Party claiming
as a Third Party beneficiary of this Agreement. This Agreement shall not release
or discharge any obligation or liability of any Third Party to either Party.
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B. Nothing contained in this Agreement shall be construed to create an
association, trust, partnership, agency relationship, or joint venture or to impose a
trust, partnership, or agency duty, obligation or liability on or with regard to any
party. Each party shall be individually and severally liable for its own duties,
obligations, and liabilities under this Agreement.
C. Grantee accepts any privileges granted by the City in an "as is"
condition. Grantee agrees that the City has never made any representations,
implied or express warranties or guarantees as to the suitability, security or safety
of Grantee's location of facilities or the facilities themselves in public property or
rights of way or possible hazards or dangers arising from other uses of the public
rights of way or other public property by the City or the general public. Grantee
shall remain solely and separately liable for the function, testing, maintenance,
replacement and repair of the pipeline or other activities permitted under this
Agreement.
D. Except as specifically provided herein, this Agreement shall not
create any duty of the City or any of its officials, employees or agents and no
liability shall arise from any action or failure to act by the City or any of its officials,
employees or agents in the exercise of powers reserved to the City. Further, this
Agreement is not intended to acknowledge, create, imply or expand any duty or
liability of the City with respect to any function in the exercise of its police power or
for any other purpose. Any duty that may be deemed to be created in the City shall
be deemed a duty to the general public and not to any specific party, group or
entity.
Section 20. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
Page 139 of 196
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Franchise No. 17-22
February 20, 2018
Page 19 of 27
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to insist on full compliance thereafter.
Section 21. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
then the City and the Grantee hereby agree that the matter shall be referred to
mediation. The City and the Grantee shall mutually agree upon a mediator to
assist them in resolving their differences, and any expense incidental to mediation
shall be borne equally by the parties.
C. If either the City or the Grantee are dissatisfied with the outcome of
the mediation, that party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be exclusively in King County, Washington. The
prevailing party in any such action shall be entitled to its attorneys’ fees and costs
of suit, which shall be fixed by the judge hearing the case, and such fees shall be
included in the judgment.
Page 140 of 196
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D. Subject to state and federal regulation, the Grantee shall be
permitted to continuously operate its Facilities during dispute resolution.
Section 22. Enforcement and Remedies
A. If the Grantee shall willfully violate, or materially breaches any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the breach cannot be
cured within thirty days, the Parties shall agree upon a reasonable period of time
for cure, and condition the extension of time on Grantee’s submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not comply
with the specified conditions, the City may, at its discretion, either (1) revoke the
Franchise with no further notification, or (2) claim damages as provided in ACC
20.10.340per day against the financial guarantee set forth in Section 18 for every
day after the expiration of the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the City
shall initiate dispute resolution as set forth in Section 21, above. Should Grantee
fail to participate in dispute resolution in accordance with Section 21, above, or
should Grantee fail to comply with any order by a court addressing the dispute, the
City reserves the right to cancel this Franchise upon thirty days (30) written notice
to Grantee and require the Grantee to apply for, obtain, and comply with all
applicable City permits, franchises, or other City permissions for such actions, and
if the Grantee’s actions are not allowed under applicable federal and state or City
laws, to compel Grantee to cease such actions.
Section 23. Compliance with Laws and Regulations
A. In carrying out any authorized activities under the privileges granted
herein, Grantee shall meet accepted industry standards and comply with all
applicable laws, rules, and regulations, of any governmental entity with jurisdiction
over the pipeline and its operation (specifically including, but not limited to, all
applicable requirements, rules, regulations, and orders of FERC). This shall
include all applicable laws, rules and regulations existing at the Effective Date of
this Franchise or that may be subsequently enacted by any governmental entity
Page 141 of 196
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with jurisdiction over Grantee or the pipeline(s) and the Facilities. Furthermore,
notwithstanding any other terms of this agreement appearing to the contrary, the
Grantee shall be subject to the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general
public in relation to the rights granted in the Franchise Area.
B. Unless pre-empted by or in conflict with the provisions of any Federal or
State statute or regulation, the City reserves the right at any time to amend this
Franchise to conform to any hereafter enacted, amended, or adopted federal or
state statute or regulation relating to the public health, safety, and welfare, or
relating to roadway regulation, or a City Ordinance enacted pursuant to such
federal or state statute or regulation upon providing Grantee with thirty (30) days
written notice of its action setting forth the full text of the amendment and identifying
the statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to the
terms of the amendment within thirty (30) days of the call for negotiations, the City
may enact the proposed amendment, by incorporating the Grantee’s concerns to
the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 24. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax, or
charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and occupancy
of the Franchise Area.
Section 25. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Page 142 of 196
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Draft Ordinance No. 6674
Franchise No. 17-22
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Page 22 of 27
Section 26. Force Majeure
In the event that either Party is prevented or delayed in the performance of
any of its obligations under this Agreement by reason beyond its reasonable
control (a “Force Majeure Event”), then that Party’s performance shall be excused
during the Force Majeure Event. Force Majeure Events shall include, without
limitation, war; civil disturbance; flood, earthquake or other Act of God; laws,
regulations, rules or orders of any governmental agency; sabotage; strikes or
similar labor disputes involving personnel of a party, its contractors or a Third party;
or any failure or delay in the performance by the other party, or a Third Party who
is not an employee, agent or contractor of the Party claiming a Force Majeure
Event, in connection with this Agreement. Upon removal or termination of the
Force Majeure Event, the Party claiming a Force Majeure Event shall promptly
perform the affected obligations in an orderly and expedited manner under this
Agreement. The Parties shall use all commercially reasonable efforts to eliminate
or minimize any delay caused by a Force Majeure Event. The occurrence of a
Force Majeure Event shall not alter or impair any of the provisions concerning
liability and/or insurance as provided in this Agreement.
Section 27. Severability & Survival
In the event that a court or agency of competent jurisdiction declares a
material provision of this Franchise to be invalid, illegal or unenforceable, the
parties shall negotiate in good faith and agree, to the maximum extent practicable
in light of such determination, to such amendments or modifications as are
appropriate actions so as to give effect to the intentions of the parties as reflected
herein. If severance from this Franchise of the particular provision(s) determined
to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either party may apply to a court of competent jurisdiction to reform or
reconstitute the Franchise so as to recapture the original intent of said particular
provision(s). All other provisions of the Franchise shall remain in effect at all times
during which negotiations or a judicial action remains pending.
All provisions, conditions and requirements of this Franchise that may be
reasonably construed to survive the termination or expiration of this Agreement
shall survive the termination or expiration of the Agreement. The Parties’
respective rights and interests under this Agreement shall inure to the benefit of
their respective successors and assigns.
Page 143 of 196
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Franchise No. 17-22
February 20, 2018
Page 23 of 27
Section 28. Titles
The section titles used herein are for reference only and should not be used
for the purpose of interpreting this Franchise.
Section 29. Implementation.
The parties each represent and warrant that they have full authority to enter
into and to perform this Franchise, that they are not in default or violation of any
permit, license, or similar requirement necessary to carry out the terms hereof, and
that no further approval, permit, license, certification, or action by a governmental
authority is required to execute and perform this Franchise, except such as may
be routinely required and obtained in the ordinary course of business.
Whenever this Franchise sets forth a time for any act to be performed, such
time shall be deemed to be of the essence, and any failure to perform within the
allotted time may be considered a material violation of this Franchise.
Section 30. Entire Agreement
This Franchise, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous agreements between the parties pertaining to GRANTEE's operation of
its pipeline(s) and/or Facilities are hereby superseded.
Section 31. 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 144 of 196
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Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 24 of 27
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
Page 145 of 196
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CityofAuburnmakesno w arrantyasto itsaccurac y.
Exhibit A
Ordinance No. 6674
Franchise No. 17-22
January 17, 2018
Page 25 of 27
Page 146 of 196
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Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 26 of 27
Exhibit “B”
Grantee Facilities and Grantee Services
A 14 inch diameter pipeline for the interstate transportation of petroleum
products.
No local service is provided.
Page 147 of 196
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Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 27 of 27
EXHIBIT “C”
STATEMENT OF ACCEPTANCE
________________________________, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporated herein by this
reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 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 148 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5349 (Gaub)
Date:
February 27, 2018
Department:
CD & PW
Attachments:
Res olution No. 5349 with exhibit
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5349.
Background Summary:
Resolution No. 5349 authorizes the Mayor to execute an interagency agreement between the
City and the Auburn School District (District) relating to a project on South 316th Avenue
between 56th Avenue South and W Street Northwest.
This resolution would allow the City to enter into an agreement with the District to include re-
grading of South 316th Street between 56th Avenue South and W Street Northwest (Project)
in the District’s project to construct improvements to Evergreen Heights Elementary School.
These improvements would be paid for by the City. Including the improvements with the
District construction contract will reduce the overall construction impacts to the travelling
public and is more cost effective then the City producing a separate construction contract for
the City improvements.
The roadway improvements to South 316th Avenue are the first phase of City Project No.
CP1810 (Evergreen Safe Routes to School) which is listed in the City’s Transportation
Improvement Plan. The estimated cost for the improvements is $247,030.00 and is within the
project budget. Additionally, the agreement authorizes up to 10% in construction contingency
in case there are unexpected conditions or changes.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 5, 2018 Item Number:RES.B
Page 149 of 196
RESOLUTION NO. 5 3 4 9
A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTNORIZING THE MAYOR TO
EXECUTE AN INTERAGENCY AGREEMENT BETWEEN
THE C17Y OF AUBURN AND THE AUBURN SCHOOL
DISTRICT RELATING TO A PROJECT ON SOUTH 316TH
AVENUE BETWEEN 56TH AVENU6 SOUTH AND W STREET
NORTHWEST
WHEREAS, 4he re-grading ofSouth 316th Street between 56th Avenue South and
W Street Northwest, hereinafter referred to as the "City Project", is necessary in order to
improve public safety; and,
WHEREAS, the City Project is the first phase of City Project No. CP1810
Evergreen Safe Routes to Scho.ol) which is listed in the City's Transportation
Improvement Plan; and,
WFiEREAS, the Auburn School District, hereinafter referred to as the "DistricY', is
constructing improvements to Evergreen Heights Elementary, hereinafter referred to as
the "District RrojecY' which lies adjacent to the City Project; and,
WHEREAS, constructing the City Project and District Project improvements
concu rently will minimize impacts to the public; and,
WHEREAS, the District is willing to include the design and construction of the City
Project with the District Project; and,
WHEREAS, the City is willing to compensate the Disf ict for the DistricYs costs to
design and construct the City Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
1NASNINGTON, HEREBY RESOLVES as follows:
Resolution No. 5349
February 15, 2018
Page 1
Page 150 of 196
Section 1. The Mayor is hereby authorized to execute an Interagency Agreement
with the District for the purpose of the District constructing fhe City Project (re-grading of
South 316th Street between 56th Avenue South and W Street Northwest), in substantial
conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated
herein by this reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions 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
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP O D FOR c
iel B. Hei , City ttom
Resolution No 5349
February 15, 2018
Page 2
Page 151 of 196
INTERLOCAL AGREEMENT BETWEEN
CITY OF AUBURN AND AUBURN SCHOOL DISTRICT
FOR CITY PROJECT NO.CP1810 - EVERGREEN SAFE
ROUTES TO SCHOOL PROJECT (PHASE 1)
THIS INTERLOCAL AGREEMENT (Agreement) made and entered into on this
day of 2018, by and between the Gity of Aubum, a municipal corporation of
the State of Washington, hereinafter referred to as "City" and, the Aubum School District,
hereinafter referred to as the"DistricY'
WITNESSETH:
WHEREAS,the City has concluded that the re-grading of South 316` Street behveen 56`
Avenue South and W Street Northwest, hereinafrer referred to as the "City ProjecY', is necessary
in order to improve public safety; and,
WHEREAS, the City Project is the first phase of City Project No. CP1810 (E4ergreen
Safe Routes to School) which is listed in the City's Transportation Improvement Plan; and,
WHEREAS, the District is construc.ting improvements to Evergreen Heights Elementary,
hereinafrer referred to as the "District Project"which lies adjacent to the City Project; and,
WHEREAS, constructing the City Project and District Project improvements concurrently
will minimize impacts to the public; and,
WHEREAS, the District is willing to include the design and construction of the City
Project with the District Project; and,
WHEREAS,the City is willing to compensate the District for the DistricYs costs to design
and construct the City Project; and
WHEBEAS,the City and the District are authorized to enter into this Agreement tiy RCW
3934.030.
NOW TIIEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. General
The City shall reimburse the District a maxnnum amount of two hundred forty seven
thousand and thirty dollars and no cents ($247,030.00) for direct and related ind'uect costs
to complete the City Project in accordance with the estimate shown in Attachment A. The
District agrees to design and construct the City Project improvements, which include the
re-grading ofapprozimately 250 feet South 316` Street between 56`Avenue South.
Paga 1 of 5
RESOLUTION 5349,EXHIBIT A
Page 152 of 196
The District will design the City Proje.ct with review and input from the City and will
include the City Project in the plans, specifications, and estimate for the District Project.
The District will provide the City with a separate engineer's estimate for the City Project
portion of the construction contract.
The District will procure and administer contracts associated with completing the City
Project in accordance with the applicalile requirements of local, state, and fedeial laws,
including, but not limited to requirements of: prevailing wages, competitive bidding, Title
VI non-discrimination, contractor bonding and payment retainage, and in accordance with
the City of Aubum Design and Construction Standards. The City funding does not include
Federal monies and therefore, Buy America and Davis Bacon Wage requirements do not
apply to the City Project.
2. Compensation and Pavment.
The City agiees to reimburse the District actual direct and related indirect costs associated
with performance of the City Project work in an amount not to exceed the amount listed in
Section 1 of this Agreement. The cost estimate breakdown of the Work is attached as
Attachment A. The District shall be solely responsible for all costs that exceed this amount,
unless the Parties implement Section 4.
Upon completion of the Work, the Disuict shall submit one inclusive first and final
itemized invoice to the City's representative, Jacob Sweeting, 25 West Main Street,
Auburn, WA 98092, for the DistricYs actual dicect and related indirect costs incurred
associated with performance of the City Project. The City shall provide payment in full
within sixty(60) calendar days upon receipt of the itemized invoice. ff the City objects to
all or any portion of the invoice,the City shall notify the District within twenty(20)calendar
days after receipt of the District in4oice. If only a portion of the invoice is disputed,the City
agrees to pay the undisputed portion of the invoice. The Parties shall 'vnmediately make every
effort to settle the disputed portion of the invoice.
3: Time for Performance and Term of Agreement.
The Term of this Agreement shall commence on the date liereof or on the day
of 2018, and shall terminate upon completion of the performance
of the City Project by the District.
4. Cost Increase.
The total Agreement amount includes contingency to address changes and unexpected
conditions that may be reasonably ezpected for the City Project. WitNin 10 calendaz days
of the District becoming awaze that the City Project costs may exceed the total agreement
amount, it shall notify the City in writing and reqnest an amendment to this Agreemeut.
5. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
either party as part of its performance of this Agreement shall be owned by and become
the property of th"at party, and may b;e ased by tliat p"arty for any purpose.
Page 2 of 5
RESOLUTION 5349, EXHIBIT A
Page 153 of 196
6. Records Inspection and Audit.
a) The District shall maintain books, records, documents, correspondence and
other evidencepertaining to the costs and expenses of the City Project(hereinafter referred
to collectively as "the records"),to the extent and in such detail as will propedy reflect all
costs, direct and operating, of acquisition of real estate and of labor, materials, equipment,
supplies and services and other costs and expenses of whatever nature for which
reimbursement shall be provided by the City. The books and records required under tfiis
Section sHall be maintained in accordance with generally accepted accounting standards.
b) The District shall retain the records and make them available for andit for a
period of six (6)years after final payment is made by the City.
7. Continuation of Performance.
In the event that any dispute oi conflict arises between the parties while this Contract is in
effect, the parties agrees that, notwithstanding such dispute or conflict, the partias shall
contiriue to make a good faith effort to cooperate and continue work towazd successful
completion of assigned duties and responsibilities.
B. Administration.of Aereement.
This Agreement shall be administered by the Aubum School District Capital Ptojects
Depamnerit on behalf of the District, aqd 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:
Citv of Auburn Aubum School District
Anbnrn City Hall Contact Name: Bob Kenworthy
25 West Main Title: Assistant Director of.Capital Projects
ATTN: Jacob Sweeting Address: 915 Fourth Street NE
Aubum, WA 98001-4998 Auburn, WA 98002
253) 804-3118 Email: bkenworttiy@auburn.wednet.edu
Phone: 253-931-4826
9. Notices.
All notices or commnnications permitted or required to be givep 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,4o the address for the party
set forth above, or if to a person not a party to this Agreement, to the address desigriated
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 pursu.ant to the procedure set forth in this section of
the Agreement.
Page 3 of 5
RESOLUTION 5349,EXHIBIT A
Page 154 of 196
10. Insurance.
Each party shall maintain insurance in accordance with its policies. The District shall
require the contractor it hires to complete tfie City Project to list the City as an additional
insured party.
11. Indemnification.
Each party shall indemnify, defend and hold harmless the other party 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, including aftorney fees, by any
reason of or arising odt of the act or omission of that party, its officers, agents, employees,
or any of them relating to or arising out of the performance of this Agreement except for
injuries and damages caused by the sole negligence of the indemnifying party. If a final
jndgment is rendered against th;e indemnifed party, its officers, agen(s, employees and/or
any of them, or jointly against the indemnifying party and the indemnified party and their
respective officers, agents and employees, or any of them, the indemnifying party shall
satis.fy the same to the extent that such judgment was due to the indemnifying party's
negligent acts or omissions.
12. Amendment, Modificarion or Waiver:.
1Vo amen8ment, 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 aiithorized 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 azising from any subsequent default.
13. Eiitire Aereement.
This Agreement contains the entire understanding of the parties hereto in respect to the
Vansactions contemplated hereby and supe"rsedes all prior agreeinents and understandings
between the parties with respect to such subject matter.
14. Countemarts.
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.
15. Termination.
Neither the District oi City may terminate this agreement without the written concurrence
of the other party.
Page 4 of5
RESOLUTION 5349,EXHIBIT A.
Page 155 of 196
IN WITNESS WHEREOF, the parties hereto have caused this Agreemerit to be executed
effective the day and year first set fo.rth above..
CITY OF AUBURN AUBURN SCHOOL DISTRICT
Nancy Backus Alan Spicciati
Superintendent
Attest:
Danielle E. Daskam City Cleik
App ved as tb
Daniel B. e d, ' tt e
Page 5 of 5
RESOLUTION 5349;EXHIBIT A
Page 156 of 196
Aubum School District-.City of Auburn
Interagency Agreement for E4ergreen Heights Safe Routes to School
Attactiment A
COUGHLINPORTERLUNDEEN The Auburn School District
Struc(ural& Eivil Engineenng Consultants NAC Architecture
Date: 1120/2018 Auburn, WA
Prepared by: CPS Evergreen Heights Elementary School
JobNumber C170030-04 Lower Road;Off-ske/mpacts
SecGon Description Unit Price Unit Quantity Total
Demolition
Remove Curb, Off-site Disposal 2.00 LF 0
AC Removal &Disposal 125 SF 10,455 13,069
Concrete Sidewalk Removal& Disposal 1.50 SF 0
Structural Concrete Slab Removal 4:10 SF 0
Remove Ezisting Fence 1.70 LF 0
Add'I Temporary Construction Traffia Control 40.00 HR 320 12;800
Asphalt Sawcutting 2" Depth 1.00 LF 150 150
2"AC Grind 1.00 SF 0
Remove Existing Light Poles 500.00 EA 0
Remove Exisiting Rockery 15.00 LF 0
Remove Existing Trees 100.00 EA 0
Misc. Utility Removal 15,000.00 LS 0
Sub-total 26;019
Site Preparation 8 Erosion Control
Add'I Check Dams 300 EA 4 1,200
Straw Wattles 4.00 LF 540 2,160
Silt Fence 5.50 LF 540 2,970
Rock Construction Entrance 2,500.00 EA 0
TrucklNash 3,500.00 EA 0
Catch Basin Protection 80.00 EA 0
Sediment Control Tanks 5,000.00 MO 0
Interceptor Ditches 3.00 LF 0
Temp Const. Fence 3:25 LF 0
Turbidity fvlanitoring 1,500.00 MO 0
Sub-total 6;336
Excavation 8 Earthwork
Rough Grading (Road Cut) o25 SF 8,000 2,000
Fine Grading (Road Cut) 0.35 SF 5,000 1,750
Rockery Wall 35.00 SF 0
Ditch Excavation (Pedestrian Barrier) 23.00 CY 0
Rockery Excavation 23.Ob CY 0
Stripping (Road Cu4) 23.00 CY 400 9,200
Ezcavate and haul off existing fill 23.00 CY 433 9,959
Excavation (to be reused on-site) 8.00 CY 0
Impor(Structural Fill 28.00 CY 0
Move ezisting fill on site for structural fill 7,00 CY 0
Bldg Overex Structural Backfill(assumes reuse) 4.00 CY 0
Rough Grading (landscape) 0.25 SF 0
Fine Grading (building and paving areas) 0.35 SF 23,734 8,307
Rockery Wall 10.00 SF 0_
Sub-total 31,216
RESOLUTION.5349,EXHIBIT A Paga 1 of 4
Page 157 of 196
Aubum School District-Giry of Aubum
Interagenoy Agreement for E4ergreen Heights Safe Routes lo School
Attaclimerit A
Misc. Utilities
Reset existing Power Poles 50,000 EA 0
3"ATB Paving 18.00 SY 0
4" HMA over 4"ATB 27.00 SY 0
Detention 12.00 CF 0
Lower 4"Gas Service 40.00 LF 0
0
Concrete
Curb and Gutter 18.00 LF 0
Sub-total 0
Asphalt Concrete
4" Rock Path 12.50 SY 0
3"ATB Paving 18.00 SY 0
4" HMA over4"ATB 27.00 SY 0
2" HMA over 4"CSBC 22.00 SY 0
HMA Tons 0
4" HMA over 6"CSBC 45.00 SY 1,167 52,515
2" Overlay 20.00 SY 0
Crushed Surtacing Base Course 0
Porous Pavers(Ecoloc over 12!'-,1 Y:') 11.00 SF 0
Porous ACP(4"ACP, over 2"-5/8", over 12"-1Y,") 6.00 SF 0
Porous Gona (6"conc. over 12"-1'%<") 10.50 SF 0
Porous Conc. (8"conc. aver 12"-1Y<") 12.00 SF 0
Petromat 1.10 SF 0
Tran'sition Overlay 20.00 SY 350 7,000
Thickened Edge 4.70 LF 0
Sub-total 59;515
Add'I Total ROW Work to Accommodate ROW Regrading 123,080
RESOLUTION 5349,EXHIBIT A Page 2 of 4
Page 158 of 196
Aubum Sctiool District-City of Auburn
Interagency qgreemeM for EJergreen Heights Safe Routes to School
Attachment A
COUGHLINRORTERLUNDEEN The Aubum Sehool District
truc;ural& Ciyil Engineering Consultants NACArchltecture
Date: 2/20/2018 Auburn, WA
Prepaied by:. MJN Evergreen Heights Elementary Schoo/
Job Number C1 Z0030-04 Lower Road; On-site Impacts
Section Description Unit Price Unit Quantity Tota/
Excavation 8 Earthwork
Rough Grading 025 SF 6000 1,500
Earthwork Activities 23.00 CY 600 13,800
Sub-total 15,300
Misc. Utilitles
Reloaate existing Power Vault 25,000.00 EA 1 25;000
25,000
Total Add'I On$ite Work to Accommodate ROW Grading 40,300
RESOLUTION 5349,EXHIBIT A Page 3 of 4.
Page 159 of 196
Autium Sohool DisUict-6ity of Autiurn
Interagency Agreement for Evergreen Helghts Safe Routes to Sctiool
Altachment A
EVE tGREEN HEIGHTS SITE INtPROVEMENTS'
tQAd REl/FSION`IMP'14Ci C05T ESTIMATES '
ROIN WORK TO IOWER S. 316TH ST. 2'
Const. Cost Estimate:5ubtotal 123,080
Generel Contractor OH&P @ 8%9,846
TOTAL CONSTRUCTION C.OST 132,926
Soft Costs at 409 0 53;170
TOTAL PROJECT COST 186,096
ON SITE WQRK TO LOWERS. 316TH 5T..2'
Cons#. Cost Estimate Subtotal 40,300
General Contractor OH&P @ 8% $3,224
TOTAL CONSTRUCTION COST 43;524
Soft Costs at 40% 17,41U
TOTAL PROJECT CQST 60,934
RESOLUTION 5349,EXHIBIT A Page 4 of 4
Page 160 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5350 (Hinman)
Date:
February 28, 2018
Department:
Administration
Attachments:
Res olution No. 5350 with exhibit
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5350.
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:March 5, 2018 Item Number:RES.C
Page 161 of 196
RESOLUTION NO. 5 3 5 0
A RESOLUTION OF THE. CITY GOUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE LODGING
TAX GRANT DISBURSEMENTS RECOMMENDED BY THE
AUBURN LODGING TAX ADVISORY GOMMITTEE
WHEREAS, the City of Auburn has businesses within its corporate limits 4hat
collects lodging tax dollars in accordance with Chapter 67,28 of the Revised Code of
Washington (RCW); and
WHEREAS, the City of Aubum has a lodging tax advisory committee, the Auburn
Lodging Tax Advisory Committee, established pursuant to Chapter 277 of the Auburn
City Code (ACC), in accordance wi4h RCW 67.28.1817; and
WHEREAS, pursuant to ACC 2.77.060, the Lodging Tax Advisory Committee
makes recommendations to the City Council on tourism promotion and tourism related
issues; and
WHEREAS, also pursuant to ACC 2.77.060 , the Tourism Board shall assist the
City Cou.ncil in formulating strategies for tourism related activities and programs geared
to promote the city of Aubum as a tou ist des4ination, antl shall make recommendations
to the City Council on tourism promotion and tourism related issues; and
WHEREAS, on February 6, 2018, the Auburn Lodging Tax Advisory Committee
me# to consider proposals for expending lodging tax dollars (taxes collected in
accordance with Chapter 67.28 RCW), and consider proposals from various different
potential recipients in terms of expanding lodging tax dollars in a way to promofe the
City of Aubum as a tou ist destination; and
Resolution No 5350
Fetiruary 15, 2018
Page 1 of 3
Page 162 of 196
WHEREAS, after the February 6, 2018 meeting, the Lodging Tax Advisory
Committee voted on the proposals and requesfs they received for expenditure of
lodging tax dollars; and
WHEREAS, the Lodging Tax Advisory Committee have submitted their
recommendations fo.r expenditure of lodging tax dollars to the City Council for
consideration and approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Aaqroval of Recommendations. The City Council hereby approves
and endorses the expenditure of lodging tax dollars in accordance with the lodging tax
disliursements recommended by the Aubum Lodging Tax Advisory Committee as
shown on the lodging tax grants/recommended disbursements list, a copy of which is
attached hereto, marked as exhibit "A" and Incorporated herein by this reference.
Section 2. Implementation: The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out 4he directives of this
legislation.
Section 3. Effective Date. This Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
Resolution No. 5350
February 15, 2018
Page 2 of 3
Page 163 of 196
ATTEST:
Danielle E. Daskam, City Clerk
AFPRO tED AS TO FORM:
ie B. Heid, City Attomey
Resolution No. 5350
February 15, 2018
Page 9 of 3
Page 164 of 196
RESOLUTION NO. 8350 EXHIBIT A
2018 Lodging Tax Grants
Morion: Committee Member Faltenburgex moved to recommend giving a $7,500.00 gxant to the
Tough Mudder, Inc., $3,500.00 to the Ciry of Aubum Pazks, Arts and Recxeation for the City of
Aubum Petpalooza,$2,000.00 to the Seatde Pa ot Expo,and $3,500.00 to the Ciry of Auburn Paxks,
Arts and Recreation for the 2018 City of Auburn Veterans Parade and Observance. Committee
Membex Soh;al seconded the modon. Modon passed urianiinously.
Event: Veterans Day Parade Approved Amount
Amount Requested: $3,500.00
53,500.00
Funds for digital maxkeung on social media throughout the state focusing on Vetetans;
supportexs of Vetetans, active military, the military base cities outside of a 50+ mile xadius.
Event to be held November 10,2018.
Previous parades wich 25,000 people in attendance and 6,000 pazade participants.
Puts heads in beds with from parade participants and band competition.
Event• Pet aloo2a
Approved Amount
Amount Requested: $5,000.00
3;500.00
e 2017 Attendance: 9,000 attendance
Event is on May 19, 2018.
Funds are fox advertising event
This beloved Auburn annual event puts Heads in beds.
Event: Tough Mudder approyed amount
Amount Requested: $7,500.00 7,500.00
Two Day Event,it is a team oziented obstacle codrse challenge
2017 Attendance 9,172
Event is on September 22&23,2018
55%of out of market attendees stayed in hotels for the event at 1.G average length of stay.
Will use funds for Digital Advertising for nadonal promodonal advertising on Facebook,
Google AdWords and Bing advexrising, and Google Display Network digital advertising and
video pxomotional campaigns.
Event: Seatde Parrot Expo Approved Amount
Amount Requested: $2,000.00 2,000.00
e Fxee to the Public, three day evept on October 12, 13, 14,2018
0 2b17 Attendance 1,200 during the tuvo day event
e The event is organized to open communicauon about parrots in the wild, as pets via a 25 bird
aviary; educadonal games, childcen's-story dme, and free-flying parrots.
a Will use funds for event promorion,direcuonal signage;and ad in the Aubum Reporter.
2018 Total Grants Recotninended liy the LTAC: $16,500.00
Page 165 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5351 (Faber)
Date:
February 15, 2018
Department:
Parks/Art and Recreation
Attachments:
Res olution No. 5351
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5351.
Background Summary:
The City applied for and received a $40,000 grant from the King County Youth & Amateur
Sports Grant Program. These funds will be used to purchase mountain bikes and a trailer to
expand our outdoor recreation program. No match is required for these funds. By owning our
own equipment we will be able to offer outdoor activities at a more affordable price for the
youth in our community.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 5, 2018 Item Number:RES.D
Page 166 of 196
RESOLUTION NO. 5 3 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON,AUTHORIZING THE ACCEPTANCE OF A GRANT FROM
KING COUNTY AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTETHE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS
WHEREAS, the City of Aubum Parks, Arts & Recreation, on behalf of 4he City of
Aubum, submitted an application to the King Gounty Youth & Amateur Sports Grant
Program fora Rec Riders — Mountain Bike Program; and
WHEREAS, the City has been advised that it hasbeen approved to receive a grant
from said program in the amount of Forty Thousand and No/100s Dollars ($40,000.00);
and
WHEREAS, there will be no additional funds used by the City of Auburn purchase
of mountain 6ikes, trailer and misc. equipment for outdoor recreation programs.
WHEREAS, acceptance of the grant will benefit the citizens of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN; WASHIN6TON,
HEREBY RESOLYES as follows:
Section 1. Acceptance of Grant and Authorization of Contract: The Gity
Council hereby accepts the King County Youth &Amateur Sports Grant, in 4he amount of
Forty Thousand and No/100s Dollars ($40,000.00), and authorizes the Mayor and City
Clerk to execute the Contract with King County in substantial conformity with the Contract
marked as Exhibit "A" attached hereto and incorporated herein by this reference.
SecEion 2. Implementation. The Mayoris further authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
Resolution No. 5351
March 5, 2018
Page 1 Page 167 of 196
legislation, including assuring that the grant fund appropriation is included in the
appropriate budget documents of the City.
Section 3. Effective Date. That this Resolution shall take effect and be in full
force upon passage and signafures hereon.
SIGNED and DATED this day of 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATf EST:
Danielle E Daskam, Gity Clerk
ARP VED A FOR :
Daniel B. Hei ;City ttorne
Resolution No. 5351
March 5, 2018
Page 2 Page 168 of 196
ICing County
Youth and Amateur Snorts Grant A¢reement
DepartmenilDivision: Natural Resources and Parks / Parks and Recreallon Division_
Agency: Citv of Auburn
Program: REC Riders- Mountain Bike
Amount: 4Q000.00 Project#: Contract#:
Term Period: January 1,2018 To December 31,2019
THIS CONTRACT is entered into by KING COiJNTY (the "County"), and City of Au6urn (the
Agency"),whose address is, 910 9th Street SE , Auburn, WA 98002
WHEREAS,the Agency is either a public agency or a non-profit organization that provides youth or
amateur spoRs programs;
WHEREAS, King County has selected the identified Agency to receive a Youth and Amateui Sports
Fund ("YASF") Grant award to assist in programs that provide increased athletic opportunities for
the citizens of King County, Washington;
WHEREAS,the Agency shall utilize the award to address an athletic need in King County; and
WHEREAS, King County is authorized to admipister the YASF grant program and enter into
agreements for the use of King County funds by public agencies or not-for-profit organizations to
provide a service to the public under King County Ordinance 18409;
NOW THEREFORE, in consideration of payments, covenants, and agreemerits hereinaf[er
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows:
I. The Agency shall provide services and comply with the requirements set foRh hereinafterand
in the followipg attached exhibits, which are incorporated herein by reFerence:
Sco e of Services Attached hereto as Exhibit I
Bud et Attached hereto as Exhibit II
Outcomes and Milestones Attached hereto as Exhibit III
2. TERM OF CONTRACT
This Agreement shall commence on January 1. 2018, apd shall expire on the December 31.
2019, unless extended or earlier terminated, pursuant to the terms and conditions of this
Agreement.
Page 169 of 196
3. PREMISES
This grant program is located at:Auburn Parks,ARs & Recreation, The REC Teen Center
910 9th Street SE,Auburn, WA,WA.98002
4. PARTIES
All c.ommunication, notic.es,coordination, and other tenets of this Agreement shaD be managed
by:
On behalf of Counri:
Butch Lovelace, YSFG Program Manager
King County Pazks and Recreation Division
201 Soutts Jackson Street, Suite 700
Seaftle, WA 98104-3855
Email: 6utch.lovelace@kingcounty.gov
Phone: 206.477.4577
On behalf of Agency:
Jim Westhusing,
Ciry of Auburn
Email:jwasthusing@auburriwa.gov
Phone:
5. COMPENSATION AND METHOD OF PAYNIENT
A. The County shall reimburse the Agency for satisfactory completion of the services and
equirements specified in this Agreemgpt after the Agency submits an imoice and all
accompanying reports as specified in the attached exhibits. The County will initiate
autliorization for paymerit after appcoVal of corrected invoices and repoRs. The County
shall make payment to the Agency not more than thirty (30) days after a complete and
accurate invoice is received and approved.
B. The Agency shall submit its final invoice and all outstanding reports within fifteen(15)days
of the date this Agreement expires oris terminated. If the Agency's firial invoice and reports
are not submitted by the day specified in this subsection, the County will be relieved of all
liability for payment to the Agency of the amounts set forth in said invoice or any subsequent
invoice.
6. OPERATING BUDGET
When a budget is attached hereto as Eshibit II;the Agency shall apply the funds received from
the County under this Agreement in accordance with said budget. If, at any time during the
Term of this Agreement,the Agency expects that the cumulative amount of transfe s among the
budget categories may exceed ten percent (20%) of the Agreement amount;then the Agency
shall notify County to request approvaL SuppoRing documents necessary to explain fully the
Page 170 of 196
nature and purpose of the change.(s) and an amendgd budget may be required for each request
for such approval. County approval of any such amendmentshall not be unreasonably withheld.
7. COMMUNICATION
The Agency shall recognize County as a fiscal sponsor for the grant Program in the following
manne:
A. Events: The Agency shall invite and recognize "King County Parks" at key events
promoting the Program.
B. Community Relations: The Agency shall recognize "King County Parks"as a Program
benefactor in all social media,welisites, brochures, banners,posters,press releases, and
other promotional material related to the Program, and include in the same the County's
logo,which the County will provide.
8. PRIORITY OF USE;PUBLIC ACCESS; SCHEDULING
These funds are p ovided for the purpose of deyeloping and/or programming sports activities
primarily, but not exclusively;forpersons under 24 years of age, and low and moderate income
communities within King County. Fees for the Program shall be no greater than those g"enerally
charged by public operators or program providers in King County.
9. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accodnting piinciples, and governmental
acoounting and finanoial reporting standards in accordance with Revised Code of Washington
RCW) Chapter 40.14.
10. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Agreement funds and compliance with this
Agreement.
B. These reeords shall be maintained for a period of six(6)years after the expiration or earlier
termination of this Agreemant unless pecmission to destroy them is granted by the Office of
the Archivist in accordance with RCW Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the Agency
address listed on page one of this Agreement, of the aforesaid books, records, documents,
and other evidence and shall notify the County in writing of any changes in location within
ten (10) working days of any such relocation.
11. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Agency with regazd
to this Agreement, and, at its sole disoietion,to inspect or audit the Agency's iecords regarding
this Agreement and the Program uponreasonable notice during normal business hours.
Page 171 of 196
12. COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Agency, in cooperation and agreement with the owners of the Premises;shall comply with
all applicable laws, ordinances and regulations in using funds provided by the Codnty,
including, without limitation, thos.e relating to providing a safe working environment to
employees and, specifically, the requirements of the Washington Industrial Safety and Health
Act (WISHA); and, to the extent applicable, those related to "p.ublic works," payment of
prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to
comply and pay all costs associated with achieving such compliance without notice from King
County; acid further agrees that King County, does not waive this Section by giving notice of
demand for compliance in any instance. The Agency shall indemnify and defend the County
should it be sued or made the subject of an administrative investigation or hearing for a violation
of such laws related to this Agreement.
13. CORRECTIVE ACTION
A. If the County determines that a breach of contract has occurred or does not approve of the
Agency's perforrtiance, it will give the Agency written notification of unacceptable
performance. The Agency will then take corrective action within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to
the Agency.
B. The County may withhold any payment owed the Agency until the County is satisfied tliat
conective action has been taken or completed.
14. TERMINATION
A, The County may terminate this Agreement in whole or in parE,with cause,at any time dwing
the Term of this Agreement, by providing the Agency ten(10) days advance written notice
of the termination.
B. If the termination results fromacts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Agency shall return to the County immediately any funds, misappropriated or unexpended,
which ha4e been paid to the Agency liy the Cobnty.
C. Any King County obligations under this Agreement beyond the current appropriation yeaz
are conditioned upon the County Council's appropriation of sufficient funds to support such
obligations. If the Council does not approve such appropriation, then this Agreemenj will
terminateautomatically at the close of the current appropriation yeaz.
15. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services c.optracted for herein and assumes
no obligation for future support of the activity contracted for herein except as expressly set forth
in this Agreement. The Agency understands, acknowledges, and agrees that tlie Coupty shall
not be liable to pay for or to provide any utilities or services in connection with the Program
contemplated herein.
16. HOLD HARMLESS AND INDEMNIFICATION
The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless King County, its appointed and elected officials, and employees from and against
Page 172 of 196
liability for all claims, demands, suits, and udgments, including costs of defense thereof for
injuty to persons, death, or property damage which is caused by, azises out of, or is incidental
to any participation in or occurrence of the Program that is the subject of this Agreement, or the
Agenoy's exercise of rights and privileges granted by this Agreement, except to the extent of
the County's sole negligence. The Agency's o6ligations upder this Sectiop shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at the
Agency's own expense;
B. Indemnification of claims made by the Agency's employees or agents; and
C. Waiver of the Agency's immunity pnder the industrial insurance provisions of Title 51
RC W, but only to the extent necessary to indemnify King County, which waiver has tieen
mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses orother costs
to enforce the provisions of this Seclion, all such fees, expenses and costs shall be recoverable
from the Agency.
In the event it is determined that RCW 4.24115 applies to this Agreement, the Agency agrees
to protect, defend, indemnify and save the County, its officers, officials, employees and agerits
from any and all claims, demands, suits, penalties, losses damages judgments; or costs ofany
kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"),
azising out of or in any way resulting froiii the Agency's officers, employees, agents and/or
subcontractors of all tiers; acts or omissions;performance of failure to perform the rights and
privileges granted under this Agreement,to the maximum extent perinitted by law or as defined
by RCW 4.24.115, as now enaoted or h.ereafter amended.
A hold harmless provision to protect King Counry similar to this provisiop shall be included in.
all Agreements or spbcontractor Agreements entered into by Agency in conjunction with this
Agreement. The Agency's duties under this Section will survive the expiration or earlier
termination of this Agreement.
17. INSURANCE
A. Liabilitv Insurance Requirements. Notwithstanding any other provision within this
Agreement,the Agency and it subcontractors shall procure and maintain coverage and limits
for no less than the following:
1. Commercial General Liabilitv. Insu ance Service "occurrence" form CG 00 O1 (c.uri ent
editiop), to include Products-Completed Operations, insurance against claims for
injuries to persons or damages to properiy that inay arise from or in connection with
activities under this Agreement. The insurance coverage ahall be no less than One
Million Dollars ($1,000,000) cocnbined single limit per occurrence, and Two Million
Dollars($2,000,000) in the aggregate,
2. Automobile Liabilitv. If activities require vehicle usage. Insurance Services form
number CA 00 O1 (current edition),covering BUSINESS AUTO COVERAGE, Symbol
1 "any auto". If the grant includes the use of automobiles,the Limit of Liability shall be
no less than One Million Dollars ($T;000,000) per occunence.
Page 173 of 196
3. Workers Compensation/Stop Gan. If the recipie.nt or its contractor(s) has/have
employees. Statutory WorkersCompensation coverageand Stop Gap Liability for a limit
no less than One Million Dollars ($i,000;000)per occurrence.
4. Professional Liabilitv.If the grant includes the use ofProfessional Services.Professional
Liability coverage shall be no less than One Million Dollars ($1,000,000)per claim and
in the aggregate.
B. If the grant involves the construction of a capital project or involves the puichase of
equipment greater than FiVe Thousapd ($5,000) in value, the Agency shall provide "All
Risk" Builders Risk or Property coverage for the full replacement value of the
projeoUproperEy liuilt/pdreHased. ICing County sh;all be listed as an additional Loss payee
as our interests may appear.
C. King County and its officers, officials, employees and agents shall be;covered asadditional
insuced on Agency's and its contractor(s') commercial general liability insurance and, if
applicable, commercial auto liability insurance, with respect to liability arising out of
activities performed by the Agency and its contractors. Additional Insured status shall
include Products-Completed Operations:
D. To the extent of the Agency's or its conVactor's negligence, their insuiance respectively
shall be prirriary insurance with re"spect to the County, its offcers, employees and agents:
Any insurance or self-insurance maintained by the County, and its officers, officials,
employees or agents shall not tie subjecte.d to contribution in favor of the Agency or its
contractors insurance, and shall not benefit either imany way.
The Agency's and iu contractors' insurance shall apply separately to each insured against
whom a claim is made or a lawsuit is b;ought, subject to the limits of the insurer's liability.
E. Coverage shal] not be suspended, voided, canceled, reduced in coverage or in limits ezcept
bythe reduction of the applicable aggregate limit by claims paid, until afrer thirty(30)days'
priorwritten notice has been given to and change in coverage accepted by King County.
F. The insurance provider must be liceused to do business in the State of Washington and
maintain a BesYs rating of no less than A-VIII. Within five (5) business days of County's
request, Agency must provide a Certificate of Insurance and Additional Insived
Endorsement(s) (CG 20 10 I I/85 or its equivalent) to the County. The Agency shall be
responsible forthe maintenance of their contractors' insurance documentation.
G. If the Agency is a municipal corporation or ap agency of the $tate of Washington and is
self-insured for any of the above insurance requirements, a certification of self-insurance
shall be attached hereto and 6e incorporated by reference and shall constitute compliance
with this Section.
H. The Agency's duties under this Section shall sdrvive the expiration or earlier
termination of this Agreement. The Agency understands; acknowledges and agrees that
for the relevant period of public use set forth in Section 8, tkie Ageqcy shall maintain
insurance and naine the County as an additional insured, all of which shall be consistent
with the requirements of this Section.
18. ANTI-DISCRIMINATION
King County Code chapters 12.16; 12.17 through 12.18 apply to this Agreement and are
incorporated by this reference as if fully set forfh herein. In all hiring or employment made
Page 174 of 196
possible or resulting from this Agreement,tliere shall be no discrimination against any employee
or applicant for employment because of sex, age, race;color, creed, religion, national origin,
sexual orientauon, gender identity or eicpressiori,marital status or the presence of any sensory,
mental, or physical disability unless based upon a bonafide occupational qualification, or age
except by minimum age and retirement provisions, and this requirement shall apply to but not
be limited to the following: employment, adveRising, lay-off, or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. No pecson
shall be denied or subjected to discrimination in receipt ofthe benefit of any services oractivities
made possible by or resulting from this Agreement on the grounds of sex, race, color, cread,
national origin,religion,sezual orientation,gender identity or expression,age(except minimum
age and retirement provisions),mazital status,or the.presence ofanysensory,mental,orphysieal
handicap. Any violation of this provision shall be considered a yiolation of a .material proyision
of tliis Agreement and shall be grounds for cancellation;termination or suspension in whole or
in paR of this Agreement by King County and may result in ineligibility for furthec King Codnty
agreements. [Coinmunity Partner Name] sliall also comply with all applicable anti-
discrimination Iaws or requirements of a y and all jurisdictions having autharity.
19. CONFLICT OF INTEREST
KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fnlly set forth
hence,and the Agency agrees to abide by all conditiogs of said chapter. Failure by the Agency
to comply with any requirement of said KCC Chapter shall be a material breach of contract.
20. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly oi indirectly under this
Agreement shall be used foi any paRisan political activity or to further the election ordefeat of
any candidate forpublic office.
2i. PROGRAM MAINTENANCE; EOUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and the Agency, the Agency shall be responsible to operate and
maintain the Program at its own sole expense and risk. The Agency shall cnaintain Program
related equipment and prop:erty in good workigg condition consistent with applicable
standards and guidelines. The Agency understands, acknowledges, and agrees that the
County is not responsible to op:erate or to maintain Agency or Program equipment or
property in any way.
B. The Agency shall be responsible fo all property pucohased p,ursuant to this Agreemept,
including the proper caze and maintenance of any equipment.
C. The Agency shall establish and enairitain iiiventory records and transaotion doquments
purchase requisitions, p,acking slips; invoices, receipts) of equipment and materials
purchased with Agreement funds. The Agency's duties under this Section shall s.urvive
the expiration of this Agreement.
22. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another,such notice
shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any
Page 175 of 196
such notic0 shall be deemed to IiaVe been giyen on.the date of delivery, if mailed, on the third
3rd) business day following the date of mailing; or; if sent by fax, on the first (lst) business
day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed
to have been given on the date of transmission.Either party may ohange its address,faz numliec,
email address, or the name of the persoii indicated as the recipient by notice to the other in the
manner aforesaid.
23. ASSIGNMENT
The Agency shall not assign any portion of righfs and obligations under this Agreement or
transfer or assign any claim azising pursuant to this Agreement without the written consent of
the County. The Agency must seek such consent in writing not less than fifteen(15)daysprior
to the date of any p oposed assignment.
24. CONTRACT AMENDMENTS
This Agiaeme.nt together with the at[ached exhibits expressly incorporated herein by reference
and attached hereto shall constitutethe whole Agreementbetween the PaRies. Either partymay
request cfianges to this Agreement. No modifications or amendment of this Agreement shall.be
valid or effective unless evidenced by an Agreement in writing signed by the Parties.
25. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
bceach of any provision of the Agceement shall not be deemed to be a waiver of any other or
subseguentbreach and shall not be conshued to be a modification of the terms of the Agreement
unless stated to be such through written approval by the CounTy, which shall be attached to the
original Agreement.
26. TAXES
The Agency agrees to pay on a current basis all ta ces or assessments levied on its activities and
property, including, without limitation, any leasehold excise ta e due under RCW Chapter
82.29A; PROVIDED, however, that nothing contained herein will modify the right of tkie
Agency to contest any such tax, and the Agepcy will not be deemed to be in default as long as
it will,in good faith, be contesting tkSe validity or amount of any such taxes.
27. Vl!ASHINGTON LAW CONTROLLING: WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of Washington,
which will be controlling in any dispute that arises hereunder. Actions pertaining to this
Agreement will be brought in King County Superior Court,King County, Washington.
28. PARAGRAPH HEADINGS
The pacagraph headings contained hecein are only for convenience and reference and are not
intended to be a part of this Agreement or in any manner to define, limit;or describe the scope
or intent ofYhis Agreement or the partioulaz paragraphs to which they refer.
29. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for insp.ection and
copying by the public.
Page 176 of 196
30. LEGAL RELATIONS
Nothing contained herein will make,or be deemed to make,the County and the Agency a partner
of one ano,thgr, and this Agreement will not be construed as creating a paxhiership or joint
venture. Nothing in this Agreement will create, or be deemed to create, any right, dury or
obligation in any pecson or entity not a party to it.
31. SINGULARANDPLURAL
Whereverthe context will so require,the singular will include the plural and plural will include
the singalar.
32. PERMITS AND LICENSES
The Agency shall design;develop and implement the Program in accordance will all applicable
laws and regulatory requirements including environmental considerations, perinitting
deterniinations, and other legal requirements. All activities and improvements shall be
perfo;med by Agency at its sole expense and liability. The Agency shall, at its sole cost and
expense, apply foc, obtain and comply with all necessary permits, licenses and approvals
requieed for the Program.
33. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regazding the interpretation of ang County rule or regulation,the County
decision will govern and will be binding upon the Agency.
34. POLICE POWERS OF THE COUNTY
Nothing contained in this Agreement will diminish,or be deemed to diminish,the governmental
or police powers of the County.
35. ENTIRE AGREEMENT
This Agreement, including its attacliments, constitutes the entire Agreement between the
County and the Agency. It supersedes all other agreements and understandings between them,
whether written,oral or otherwise.
KING COUNTY AGENCY:
FOR
King County Executive Signature
Date NAME (Please type or print), Title
Date
Page 177 of 196
Exhibit I
Youth and Amateur Sports Grant
Scope of Services
The REC Riders program is an after-school program serving 128 youth from low-income families in the
Auburn community. The REC Riders program provide3 6ikes for youth to use during the program,on
weekends and during the summer. The REC Riders program will teach the fundamentals of biking
safety,fitness, nutrition and leadership one:day per week. Paiticipants inwill engage in a one week-end
per month trail ride and a one weekend per month stewardship/trail project. Grant funds will 6e used
to purchase one enclosed bicycle trailer,.30 bikes and 30 helmets, maintenance equipment and tools,
nutritional food and snacks and to pay a cycling coach a stipend for the grant cycle year.
Page 178 of 196
Ciry of Aubum-REC Riders-Mauntain Bike-Eahihit I I(Adjurted Budgeq
Eipense Coat
Y"G Crent Other.ComiuNted DeccripNon of E:penu for YASG•Request YASG IniBel Findl- Gnnt
uest Fundin Include UnitCost Awerd . Pa out Pa out Belenee
ADMINISTRATION
RecreationCoordiretor- 4 AdministrativeOversightand Pmpam
Iradershi
PoliceBiccyleOfficerLiaison 53,500 Bicycle_InstructionandOversigh[
Amerimrps Nutritian Specialist 53;750 Nutritional Snack&Well eeing Oversight
Au6urn Youth Countll 1,500 Youth Recruitment and Program leadenhip
DIRECPSERVICE PERSONNEL
Facilira or 54,500 54,500 E6.750 10 hrs z IS.perweek n 50 weeks
EQUIPMENT
Moumain eicycles EI5,500 SI5,500 30 mowtain biccyles Q 5600 each
BicycleTailer E9,000 59,000 Tmilalostoreandtrnnsport
Bicycleiools E7,500 57,500 mounuandtools
Helmels,Pads,Gloves 52,500 2,500 50 Per set
FACILITY FEES
TRAINING
Uike Main ena e Taining
SCHOWRSNIPS' df
AflerSchooPPro am Sclalarships E3;645 3.moMhs Q SIS/monih x 27 panicipants x 3
sessions
NUTRITION
Food/Snacks SIy000 SI;000 HryphySnacksCoroutings
TRANSPORTATION
TOTAL
Totals: 40,000 40,000 25,145
Page 179 of 196
i
ity of Aubum-REC Riders-Mountain Bike-Echibit III
AnNc q[edPio"ress!Mileatones' j
Baseline Current Sta[us Mid-Point End oT Grant,
5-Mar-18 5-Se 18.Mnr-/9
OUTCOME 1
More youth imolved irtmore Increased heal h and decreased
Increase opportunities for physical activity and rigourous ouWoor activi6es obesity levels at The REC
outdoor pursuits for abrisk youth
Outpu[1.1
i
Create four monthly opportwtities for 27 '
pT Recreation Program Leade Aubum Police Staff,1 FT and I 3 S[aff and27 youth imolved in
youth to engage immountain bike riding
s curren[ly idenfified P[Program staff and volunteers weekly bicyle activitiesaFdlls,life skills,mentoring,volun[eerism i
I
I .
Output 1.2
Reauit 27 new participants for The REC Curtrntly serving approx.700 128 you[h have participated in
Riders Program per session you[h from which to rwrui[
32 Youth imolved in REC Riders
C Ride s
External:Challenges or Factore
Numerous indooq low cos[
Con[inuing Recruitmen[and ''Springtime and summer bring outRecruitingparticpantsmayprovedifficultactivitiesavailableatTheREC
reten[ion dif£culties based on he riders
on a daily:basis
OUTCOME2 .
Retention of program participants
Beginning of program,retention 75%retrntion ttirough the end of 90%retention llvough the ihird
rate not yet known the pilo[session. program session.
Output.2:t__.
Ma[ch participanu with staff and volunteer All participanLs are matched
Regular mentodparticipan[ Careful assessment and con[inued
mentors for accountsbility. wi[h a men[or.
nteractions lead to increased adjustmenLs when necessary[o
sustainability. ensure marzimum sustainability.
Output 28
Careful planning of beginning Survey and group discussions ro Con[inued access W releven[gues[speakers, session[o.ensure[hat variety of Identify a participan[focus group
worksho s;rides;and volunteer o rtunities [o ics and o ortunities are
den[ify high demand topics and
on -ran e lan fuNre offerin P PP P PP
programs for.conUnued iuteresC. 8 B P Ss
being provided.
External Challenges:or @actors i
Recrui[men[conducted with Outreach ro regional Mountain Utilization of graduating progrflm
Cack of sui[able men ors: area service clubs;schools,and Biking community for.additional participants[o serve as addifional
you[h serving agencies. men[ors. men[ors.
Page 180 of 196
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5352 (Gaub)
Date:
February 26, 2018
Department:
CD & PW
Attachments:
Res olution No. 5352
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5352.
Background Summary:
Resolution No. 5352 authorizes the addition of a $500 fee to the current City of Auburn Fee
Schedule for each new permit-exempt well that is constructed on or after January 19, 2018
within the Auburn city limits. Collection of the fee is required by a new state law (Engrossed
Substitute Senate Bill [ESSB] 6091) to help provide mitigation for potential impacts of new
permit-exempt wells to closed water bodies or impairment to instream flows or senior water
rights holders.
Background
Until 2016, property owners were allowed to drill a groundwater well (called an “exempt well”)
to serve their property without having to secure a water rights certificate, as long as their
withdrawal of groundwater did not exceed 5,000 gallons per day (gpd). In 2016, the
Washington State Supreme Court issued a decision on the Whatcom County vs. Hirst,
Futurewise, et al lawsuit (“Hirst decision”) that required counties to verify that the exempt wells
would not impact senior water rights holders or instream flows. This essentially stopped
permitting of new houses that would rely on exempt wells.
On January 18, 2018, the Washington State legislature passed ESSB 6091 to amend state
law to allow new permit-exempt wells to be constructed, but with certain requirements:
1) each property using a permit-exempt well must pay a $500 fee to the agency that issues
the building permit for the property
2) each property using a permit-exempt well is restricted to using 950 gpd (annual average) or
350 gpd during a declared drought
3) each property using a permit-exempt well must manage stormwater onsite if practicable
4) annually, the building permit agency must report the number of permit-exempt wells that are
constructed in its jurisdiction to the Department of Ecology (Ecology)
5) annually, the building permit agency must send $350 of each $500 fee to Ecology to use
for watershed enhancement and restoration; the agency may retain $150 of each $500 fee
for the agency’s administrative costs
Page 181 of 196
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 5, 2018 Item Number:RES.E
Page 182 of 196
RESOLUTION NO. 53 52.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, 1NASHINGTON; AMENDING SECTION B,
ENGINEERING AND PUBLIC WORKS FEES, OF THE
CURRENT CITY OF AUBURN MASTER FEE SCHEDULE,
ADDING A NEW SUBSECTION 15 - MITIGATION AND
IMPACT FEES FOR EXEMPT WELLS
WHEREAS, the City of Autiurn has a Master Fee Schedule adopted via resolution
by the City Council forpermits, licenses, publications and actions; and
WHEREAS, Section B of the Master Fee Schedule specifies fees for the
Engineering and Public Works Fe.es; and
WHEREAS, in the 2018 Legislative Session, the Washington State Legislature
passed Engrossed Substitute Senate Bill (ESSB) 6091, relating to ensuring that water is
available to support development; and
WHEREAS, among the provisions of ESSB 6091 that may impact some
development within the City of Auburn corporate limits are the following:
The bill establishes that properties that propose to use new permit-exempt
groundwater wells that are constructed on or after January 19, 2018, will be
authorized through compliance with Section 203 of ESSB 6091, even though
there may be potential impact to closed water bodies or impairment of instream
flows.
The bill requires the Department of Ecology (Ecology) to develop a watershed
restoration and enhancement plan process for in the Water Resource
Inventory Areas (WRIA) for the Duwamish-Green (WRIA 9) and Puyallup-
White (WRIA 10) basins.
The bill estabiishes a fee of $500, which fee may be periodically updated by
the watershed restoration and enhancement plan process, for each new
Resolution No. 5352
February 23, 2018
Page 1
Page 183 of 196
permit-exempt withdrawal for a do.me.s.tic pu.rpose in the WRIAs for which a
watershed restoration and enhancement plan process will be established.
The bill e5tablishes a maximum daily withdrawal of 950 gallons per day per
connection, as calculated on an average annual basis, for new permit-exempt
withdrawals for a domestic purpose in the WRIAs for which a watershed
restoration and enhancement plan process will be established; except that in
case of a drought emergency order, the maximum withdrawal shall be reduced
to 350 gallons per day for indoor use only.
The bill establishes that the property shall manage stormwater onsite to the
extent practicable by maximizing infiltration, including using low impact
development techniques.
The bill establishes that the city issuing a building permit for a property using a
permit-exempt well shall record the water supply restrictions on the property,
report annually to the Department of Ecology (Ecology) the number of such
building permits issued, and transmit annually to Ecology $350 of each fee
collected.
WHEREAS, it is appropriate that the city of Auburn fee schedule be amended
to provide for the collection of a $500.00 fee for properties that will be served by a
new permit-exempt wells drilled on or after January 19, 2018, in accordance virith the
provisions of ESSB 6091.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Secfion 1. Section B of the fee schedule of the Ciry of Auburn is amended as
provided in Exhibit "A", attached hereto.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
Resolution No. 5352
February 23, 2018
Page 2
Page 184 of 196
for procedure for the collection of a $500.00 fee for properties that will be served by a
new exempt wells drilled on or after January 19, 2018, in accordance with the provisions
of ESSB 6091, with $350.00 of which to be sent to the Washington State Department of
ecology for mitigation and enhancements in the drainage basin, and the remaining
150.00 being retained by the City.
Section 3. That this Resolution shail take effect and be in full force upon passage
and signatures hereon.
DATED and SIGNED this _day of 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, Ciry Clerk
APPROVED AS TO FORM:
D iel B. Hei , i ttomey
Resolution No. 5352
February 23, 2018
Page 9
Page 185 of 196
EXHIBIT "A"
B. ENGINEERING AND PUBLIC WORKS FEES
1,. 'fraospo tation Impact Fee Rate Schedule: (Per qrdlnance No. 5763 as amended by'
Reso/ution No: 3953, Ordinance No:,6005, Re§olution No: 4103;Resolution No. 4424, Res.olution
4964 Reso/ution .No. 5.114; Resolution No. 5.1.8:1,Resolution.No. 5255,and.Reso/ution No:5319. .
ITE
Land
Use Independent Trip Non-Downtown Downtown Fee
Land Use Code Variatile Rate Fee Rate Ra4e
lndustrial
Gen'eral Light
110 sf/gfa 0.97 $8.02
industrial
Gene al Heavy 20 sf/gfa 0.68 $6.30Industrial
Intlustrial Park 130 sf/ fa 0.85 $7.03
Manufacturin 140 sf/ fa 0.73 $3.62
Warehousin 150 sf/ fa 0:32 $3.70
Mini- 151 sf/gfa 0.26 $1.98VVarehouse/Stora e
Residenfial
Sirigle-Family 210 du 1.00 $4,537.89 3,675.69
detached
Multi-Famil 220-233 du 0.62 $2,974.26 2,409.15
Mobile Home 240 du 0.59 $2,141.88
Senior Housin 251, 252 du 0.27 $980.18 793.95
Lod in
Hotef 310 room 0.60 $3,111.69 2,520:47
Motel 320 room 0.47 $2,43Z.49
Recreationa/
Movie Theater 444, 445 seat 0.08 $202.78 150.06
Health Club 492 493 sf/ fa 3.53 $10.64 7.88
ITE
Land
Use Independent Trip Non-Uowntown Downtown Fee
Land Use Code Variable Rate Fee Rate Rate
Institutional
Elementa Schbol 520 student 0.15 $264.49 195:73
Middle SchooUJr.
522 student 0:16 $448.08 331.58
Hi h
Hi h School 530 student 0.13 $498.91 369:19
Church 560 sf/ fa 0.55 $2.64 1.95
Da Care Center 565 Sf/ fa 12.34 $24.00 17J6.
Libra 590 sf/ fa 7:30 $12.07 8.93
Resolution No. 5352
Fetiruary 23, 2018
Page 4
Page 186 of 196
Medical
Nos ifal 610 sf/ fa 0.93 $4.82 3.91
Asst: Living, Nursing p54, 620 bed 0:22 $798.67
Home
O ce.
General Office sf/ fa 1.49 $8.87 6.03
715, 750 9
Medical Office 720 sf/ fa 3.57 $16.66 11,33 __ _
PostOffice 732 sf/"fa 11.22 $18.55 12.61
Retail
Free Standing 813 sf/gla 4.35 $8.53 6.31
Discount Su rstore
Free Standirig g 5 sf/gla 4.98 $11.26 8.33
Discount Store
Hardware/Paint Sfo[e 816 sf/ la 4.84 $7.90 5.84
Sho in Center 820 sf/ la 3.71 $6.67 4.93
Car Sales - New 841 sf/ la 2.59 $12.36 9.14
GarSales- Used N/A s ace 0.28 $1,355.95 988.61
Automobile Parts
g43 sf/gla 5.98 $7.51 5.56Sales
Ti[e Store 848 sf( la 4.15 $8.52 6.31
Su ermarket 850 sf/ la 9.48 $16.52 12:22
Convenience Market 851 sf/ la 52.41 $34.45 25.49
Mome lmprovement
g62 sf/gla 2.33 $3.30 2.44
Store .
Drugsfore w/o Drive-0 sf/gla 8.40 $8.70 6:44
Throu h
Drugstore w/ Drive- 881 sf%gla 9.91 $11.14 8.24Throuh
Fumiture Store 890 sf/ la 0.45 $0.47 0.35
ITE
Land
Use Independent Trip Non-Downtown Downtown Fee
Land Use Code Variable Rate Fee Rate Rate
Services
Drive-in.Bank 912 sf/ fa 24.30 $25.05 18.54
Qualit Restaurant 931 sf/ fa 7.49 $18.49 13.68
High Turnover
g32 sf/gfa 9.85 $16.74 12.39RestauYant
Fast Food Restaurant g33 sf%gfa 26.15 $34:58 25.59w%o Drive-Th ou h
Fast Food Restaurant g34 sf/gfa 32.65 $43:18 31.95
w/Drive-Tfirou h
Resolution No. 5352
February23, 2018
Page 5
Page 187 of 196
Espresso Stand w/ g38 sf/gfa 75.00 $33.06 24.47
Drive-Throu h
Auto Care Center 942 sf/ fa 3.11 $6.21 4.60
Service Station 944 vf 13.87 17,731.23 13,121.11
Service Station w/ g45 vfp 13.51 13,102.15 9,695.59
Mini-Mart
Lakeland PUD (Per Ordinance No. 4867 as amended by Resolution No. 2955, Ordinance
No. 6176 and Resolution No. 5181.
Defached Single-
Family Residential N/A du n/a 1,307.06
Unit
Attached Single-
Family/Multi-Family N/A du n/a 848.37
Uriit
Senior-Famil Unit N/A du n/a 291.53
Commercial/Retail N/A sf/gfa n/a 3.39
Units
Administrative Fee forinde ndent Fee Calculation 200.00
Notes:
A. Basictrip rates are based on the ITE Trip Generation Manual, 9th Edition.
B. Impact fee rate calculation is based upon the following methodology:
Basic Trip Rate = PM Peak Hour Trip Generation (pe unit of ineasu e)
Basic Trip Rate x Perce.nt of New Tripsx Trip Length Adjustment x Per Trip Fee/(divide
by) 1,000 for rate per square foot (whe e applicable) = Impact Fee Rate (per unit of ineasure)
C. For land uses not spec cally identified here, trip generation retes could be derived from ITE
or a special study kiy the applicant.
D. sf/GFA= Square feet Gross Floor Area; sf/GLA= Square Feet Gross Leasable Area;
VFP=Vehicle Fueling Posifion.
E. Projects eligible for the Downtown Fee Rate are tho.se located entirely within the bounda.ry
identified on Fi ure 1.
Resolution No. 5352
February 23, 2018
Page 6
Page 188 of 196
2. Truck-Dependant Land Use Supplementary Transportation Impact Fee Rate Schedule:
Per Resolution_No.41:22 Reso/uti.on No. 4424 Resolution No. 5181, and Resotution Na 5319.
ITE Land Independent Truck Impacf Fee Rate
Land Use Use Code Variable Tri Rate er s
Industrial
Light Industry/Manufacturing 110, 130,
sf/gfa 0.06 0.12140
Heav Indust 120 sf/ fa 0.04 0.07
Retai/
Shopping Center 82 0.01
sf/ la 02
CarSales 841 sf! fa 0.09 0.14
Su ermarket 850 sf/ fa 0:33 0.62
Free-Standing Discount Store 813, 815,
861, 863, sf/gfa 0.10 0.19
864
Home Im rovement Store 862 sf/ fa 0.37 0.70
ITE. Land Independent Truck Impact Fee Rate
Land Use Use Code Variable Tri Rate ers
Services
Restaurant 931, 932 sf/ fa 0.63 1.18
Fast Food Restaurant 933, 934 sf/ fa 2.87 5.41
Notes:
A. ITE Land Use Code bas.ed on ITE Trip Generation, 9th Edition
B. Impact fee rate calculation is based upon the following methodology:
Truck Trip Rate = Daily Truck Trip Generation (per unit of ineasure)
Truck Trip Rate x Fer Trip Fee = Impact Fee Rate (per unit of ineesure)
C. For land uses not specifically identified in the table, trip generation rates could be derived
from a special study by the applicant.
D. sf/ fa=s uare feet of ross floor area
y 5,97•7, Re 9,tiari " 3 I'mpact Fees B Land Use Revenue Credit"- 20./o Per Ordinance No
3953 and Resolution No. 4022
Land Use Total Fire & EMS Adjusfinent Fi e and EMS
Cost per Unit of (Revenue Credit) Impact Fee per
Development at 20% Unit of
Develo ment
Resfdential-All calcu/ations below are er dwell/n un/t- Total x Number of Units
Single Family, Duplex, Mobile 362.66 72.53 290.13
Home
Multi-Famit 383.09 76.62 306.47
Non-Residendal-All ca/cu/aGons below are er s uare foot - Tota/x S uare Feet
Hotel/Motel 0.53 0.11 0.42
Hos ital/Clinic 1.05 0.21 0.&4
Grou Livin 2.63 0.53 2:10
Office 0:29 0.06 0.23
Retail 0.62 0.12 0.50
RestauranUBaNLoun e 1.62 0.32 1.30
Resoiution No. 5352
February 23, 2018
Page 7
Page 189 of 196
IndustriaUManufacturin 0.1:1 0.02 0.09
Leisure/Outdoors 1.08 0.22 0.86
A riculture 0.71 0.14 0.57
CHurch 0.38 0.08 0.30
Schools/Colle es 1.07 0:21 0.86
GovernmenUPublic Buildin s 1.81 0.36 0.86
Casino 3.78 077 3.01
Jails 21.99 4.40 17.59
4. Faciliry Extension Fees; (Per Ordinance No. 5791 and ainended by. Ordinance.No.. 581,9;
Reso/ution No. 3953, Re"solution Na 4272, Reso/ution No: 4424, Reso/utron No:'5114,' arid
Resolution No:.5319.
TFie Facility Extension Application Fee is $569..00, plus $172.00 for each Facility (V1/ater, Sanitary
Sewer, Storm Drainage, Street, private street and private storm systems within private streets).
Facility Extension Fees are the summation of the following categories (a+b+c+d), or $1,710.00,
whichever is greater.
a. For the combined linear footage of water, sewer, storm drainage and private storm drainage
within private streets:
The first 0 lineal feet (LF) to 1000 LF is charged at $5.70 per LF plus,
The ne 1001 LF to 2500 LF is charged at $2.90 per LF plus,
Any addi4ional over 2500 LF is c.harged at$1,70 per LF.
b. For the linear footage of streets ancl private streets:
The first 0 LF to 500 LF will be charged at $7.10 per LF plus,
The next 501 LF to 1000 LF will be charged at $4.20 per LF plus,
Any additional over 1000 LF will be charged at $1.10 per LF.
c. For non-linear extensions such as pump stations or traffic signals, the extension fee will be
determined by the City Engineer based on an estimate of the City's labor Cost associated with
the plan review, inspection, and administration of the application.
d. For that portion of tHe water or sewer facility lo"cated outside City Limits, but within existing
County (King or Pierce) right-of-way, an additional fee of$457.00 plus $5.10 per LF of the
combined water and sewer extension located in the existing County right-of-way applies.
Facility Exten§ion Fees will be paid as follows:
a. Forty percent (40%) at the time of execution of the facility extension agreement.
b: Si y percent (60%) upon the City's approval of the construction drawings and prio to the sfart
of construction.
Additional Review:
Each additional plan revfew beyond a 3"' review prior to plan approval will re:quire an
additional fee of$527.00 be paid at the time of the additional review submittal. If the
reView requires more than 8 hours of staff time to complete an additfonal fee of$66.00
per hour will be charged and must be paid prior to plan approval.
Resolution No. 5352
February 23, 2018
Page 8
Page 190 of 196
Additional plan review required by changes, addiUons or revisions to plans during
construction will require an additional fee of$264,00 be paid,at the time the additional
reView is submitted and prior to any review being completed. If the review requires more
than 4 hours of staff time to complete an additional fee of$66.00 per hour will be charged
and must be aid rior to lan a roval:
5:Rigfit-of Way Use Perm t Feess (Per Ordinance No. 6125,`Resolution'No."5255; and Resolufion
No. 5319. ; m_. __ __ . . __•--: - _--
T -e A- Banner 52.00
T e B—Short Term 62.00
Type C —Long Term 258.00 for the 1 g' year (or any term longer
than 30 days and less than 1 year)/$103:00
for each additional year (or portion thereof)
u fo 5 ears
Type D—Hauling 103.00+estimated staff time @$52.00 per
hour
Street Closure—T e B or C 93.00
Sidewalk Closure—T e 8 or C 62.00
Parkin Closure—T B or C 62.00
6: Fiarichise Ag eements:(RerO diiianoe No. 6546; Re"soltition No.-5114; Resolution No. 5255; -
antl Resolotion No. 531.9.
Application/Renewal/Amendment Application Fee 5,150.00 Nonrefundable Initial Fee +plus
ACC 13.36.040, ACC 20.06.120, AGC 20.06.130)the City's actual costs incurred in excess of
5,150.00. Initial Fee is due at time of
application any additional costs beyond the
initial fee is due prior to fhe effec4ive date of
the a reement.
Annual Administration Fee ACC 20.04.170 Actual Cit Costs
Annual CATV Franchise Fee (ACC 13.36.230) 5%0 of Gross Revenue for the prio tFi ee
months.
Other Annual F anchise Fee (ACC 20.06.100) Statutorily Permissible Percent of Gross
Revenue
7. Public Way Agreements; (PerOrdinance No.6546, Resotution No.5114, and Reso/ution No.
5319.
Application/Renewal Applicatio.n Fee (ACC 5,150.00 nonrefundable Initial Fee + plus
20.04.020, ACC 20.04.120)the City's actual costs incu red in excess of
5,150.00. Initial Fee is due at time of
application any additional costs beyond the
initial fee is due prior to the effective date of
the a reement.
Ahnual Fee ACC 20.04.170 Actual Ci Costs
8: Right=of:Vflay Vacation§: (Per Resolution No. 4143, Resolution No'5"114, and Resolution No. I
5319:
A Iication Fee 1,545.00
Land Value Com ensation Per ACC 12.48.085
9. Utilify System Development Fees: (Per Ordinance No: 5899 and amended by Resoiution No. ;
3797, Resolution No. 3953, Reso/ution No. 4272 Resolution No. 4424, Resolution No. 5114,
Resolution No. 5i34;Resolution No: 5181, Besolution No: 5255j:andResolution No. 5319.) For
all utilities, a charge in lieu of assessme:nt or payback ctiarges may be applicable for the
ro ortional.`share of the_utili line bein connected,to._,._ _
Resolution No. 5352
February 23, 2018
Page 9
Page 191 of 196
a. Water Utility: Connection fees are comprised of a Permit Fee and the System Development
Char e as follows:
Meter Water Service Installation Permit Fee System
Size Existing Water WaterService & Meter Box Installed b Cit z Development
In Service & Meter Paved Street Unpaved Street Charge SDC)
Inches) Box'
or less 375.00 S3 700.00 3> 2,150.00 6,630.00
1 430.00 3 750.00 3> 2 200.00 6,630.00
1-]/2 1 010.00 5 300.00 3 800:00 22 077:00
2 1,080.00 5,750.00 4,200.00 35 336.00
3 Actual Cost B .A licant B licant 70,738.00
4 Actual Cost B A licant B licant 1-10,516.00
6 Actual Cost B A licant B A licant 220',968:00
8 Actual Cost B licant B A licant 353,562:00
10 Actual Cost B A licant B A Iicant 508,298:00
Installation of a water meter done by the City and the service eitheralready exists or has been
installed by the Applicant.
2>Installation of the entire water service is done bythe City.
3 If ineter installation or retrofit involves installation of a fire s rinkler line, fee is Actual Cost.
b. Sanita_ry Sewer Utility: Connection fees are comprised of a Permit Fee and the System
Develo ment Char e as follows:
Type Permit Fee System Development
Charge (SDC)*
New Connection 4 190.00 2,460.00 PerRCE S>
Grinder Pump (New 265.00 2460.00 per RCE S
Connecfion 4>
Tenant Improvement 4> 60.00 2,460.00 Per net
increase in RbE's s
4 All construction is the responsibility of the Applicant. If a new connection or repair requires work
within City right-of-way, a Construction Permit (EXC - see Sec4ion 11) is required in addition to 4he
Sewer Permit.
6 RCE, Residential Customer Equivalent -An RCE shall be as defined 6y the King County
Department of Natural Resources.
NOTE: In addition to City sanitary sewer connection fees, King County will impose a sanita_ry
sewer connection fee (King County Capacity Charge)for improvements in King County's regional
sewe.r system, in accordance with King County Code 28.84.050. King County will bill,customers
directl for this char e once the sewer work is com lefe. This char e is not to be aid to the Cit .
Resolution No. 5352
February 23, 2018
Page 10
Page 192 of 196
c. Storm Drainage Utility: (Per Resolution No. 4566 and amended by Resolution No. 5181,
Resolution No. 5255, and Resolution No. 5319.)
Connection fees are comprised of a Permit Fee and the System Development Charge as follows:
Type Permit Fee g System
DeVelopment
Char e SDC _.
Single Famiry Le4el 1 215.00 1,229.00 per
Residence& LeJel 2 415.00 ESU e"
Duplexes(on
Iniiividual
Parcelsp
Level 3' Base Fee=$1,485.00 for up to 10,000 SF of disturbed area
Cumulative Additional Fee#1= Base Fee+$415.00 for 10,001
SF up to 43,560 SF(1 Acre)of disturbed area
Cumulative Additional Fee#2=Curriulative Additional Fee#1 +
105.00 er whole or artial Acre disturbed over 1 Acre
OtherParcels Levell 215.00 1,229.00,p@r
ESU e"
Level 2 415.00
Level 3 Base Fee=$1,485.00 for up ta 10,000 SF of disturbed area
Cumulative Additional Fee#1 =Base Fee+$415.00 for 10,001
SF up to 43,560 SF(1 Acre)of disturbed a ea
Cumulative Additional Fee#2=CumulativeAdditional Fee#1 +
105.00 er whole or artiai Acre disturbed over 1 Acre
6>PermiTlevels are determined as follows:
Level 1 permits are for all projects that are not located in a Critical Area and add or replace less than 2,000
square feet of hard surtace area; and/or disturb less than 7,OOOsquare feet of land.
Note: Single-family residential projects disturbing 500 square feet or less may not require a permit.
Level2 permits are for all projects that add or replace 2,000 to 4,999 square feet of hard surface area; or
distuYb 7,000 square feet or more of land.
Level 3 permits are for all projects that add 5,000 square feet or more of hard surface area, or convert'/,
acres or more of na4ive vegetation to lawn/landscaped area, or convert 2.5 acres or more of native
vegetation to pasture, or the new plus replaced hard surtace area is 5,000 square feet or more and the
value of improvements exceeds 50% of the assessed value of existing improvements.
Level 3 permit is calculated as the Base Fee plus the Cumulative Additional Fees described herein.
e ESU, Equivalent Service Unit-A configuration of development of hard surfaces (which include impervious
surtaces, permeable pavements, and vegetated roofs)estimated to contribute an amount of unoff to the
City's storm drainage system which is approximately equal to that created by the ave age single family
residential parcel. Although grevel surfaces are considered a hard surtace under ACC 13.48.010, ezisting
gravel surfaces are not included in the calculation of the SDCs. One ESU is considered equal to 2,600 square
feet of parcel coverage by hard surfaces. Per ACC 13.48.010.
Reviser's Note: The verbiage from this box was inadvertently omitted from the fee schedule included inthe
CounciPs published agenda packet.
Resolution No. 5352
February 23, 2018
Page 11
Page 193 of 196
When calculating the 4otal SDC, a credit will be applied for the existing fiarii surface area except ezisting
gravel surfaces (e.g., new total SDC minus calculated SDC for existing hard surface area using the definition
of hard surface as given in ACC 13.48.010).
10:OtherUtilifyfeesi (Per;Ordinance.No. 5879, Oidinarice No: 5944, Re"so(ution No. 379T,
Reso/ution No.. 3953, Reso/ution No. 4424, Reso/ution No: 5114; Resolution No. 5934,
ReSblution.No:_5255,antl ResoYution No. 5319: _
Fireline Connection Permit 140.00
H drant Permit and Iris ction Fee 245.00
H drant Meter Monthl Rate 48.0.4
Fire H drant Meter Wrench— Refunda6le De osit'40.00
H drant Meter with RPBA, Valve, and Wrench— Refundable De osit'>2> 2,045.00
H drant Meter Water Use Char e if e ui ment not refumed for final readin 700.00
Water Meter Test Fee, 2" or less 225.00
Water Meter Test Fee, reater than 2" At Actual Cost
Water Meter Removal Fee 3/4"to 1" — service line remains 310.00
Water Meter Removal Fee 1-1/2"to 2" — service line remains 925.00
Water Meter Removal Fee 3" and lar er — service line remains At Actuai Cost
Water Service Abandonment Permft(City abandons at main, removes meter 2,890.00
and boz
Water Meter Relocation Permit by City Same as Water
Service Installation
Permit Fee, see
9.a.
Meter Damage/Tamper Repair Permit 500.00 plus
Meter Cost, if
a licable
VHater:Service AlterationlRe air Permit on Private Pro ert b A licant 80.00
Backflow Permit for Premises Isolation internal or external 80.00
Re-Locate Fee if<45 da s from initiaLlocates 200.00
Side Sewer Re air Permit on Private Pro ert 80.Q0
Side Sewer Re air Permit in Ri ht-of-Wa 3 160.00
Demolition Ca Permit ca side sewerbefore buildin demolition 80:00
Side Sewer Relocation/Re Iacement.Permit 130.00
Oil/Water Se arator Permit 205.00
Grease lnterce tor Permit 3>205.00
Storm Draina e Re air Permit— Existin Private S stem on P ivate Pro rt' 80.00
Stortn Drainage Repair Permit— Existing System in Public Right-of- 160.00
Wa /Easement 3
Payback Administration Fees: (per Ordinance No. 5954)
Application Fee 515.00
Processing Fee 1,030.00
Area of Special Benefit Analysis 515.00
TransactioNCollection Fee 310.00
Recording Fee 84.00
Outside Professional Services Time & Materials
Convenience shut off 25.00
Delin "uent sh"ut off 25.00
Resolution No. 5352
February 23, 2018
Page 12
Page 194 of 196
Late charge 1% Per montb of
outstanding bill
or $15:00
minimum,
whichever is
reater
Unauthorized turn on/off 60:00
Delin uent meter ull 65.00
Unauthorized fi e line or water hook up 100.00 a tlay
fine from date
of discove
Retumed checks each 20.00
Refusal of access er da 30.00
Closin final read 30.00
New account setu 25.00
Bill tenant 25.00
After-hours water turn on/off 30.00
Escrow estimates 25.00
If the equipment is not retumed or is returned in a damaged condition,the deposit amount shall be forfeited.
Z Each year,the hydrant meter with RPBA,Val4e, and Wrench must be retumed to City no later than December 1 for
maintenance and final annual meter reading. The deposit amourit shall be forfeited if the equipment is not returned to the
City by the deadline.
3 If repair or new construdion requires work within City right-of-way, including a new connedion to the City's system,a
Construction Permit(EXC-see Section 11)is required in addition to the permit.
11..Constjuction Pertnits: (PerOrdinance No:5817, Resofutian No..395, f"esotution IVo 427'2,= ' ;
Resblution;No. 4424:antl:Resolution_No. 5319. _ _ _ _ _
Basic Fee BF 154.50 .
Flourly Inspection Rate (HIR):
Normal Business Hours 54.00
AfterHours (includes weeknights, weekends, and holidays and will be $83.00
char ed at.the after hours HIR x the duration of the work
ForExcavation Type Work:
Length of Excavation (feet) Additional Fee (AF)
31 — 100 feet of excavation length 54.00
101 —250 f.eet of excavation leng4h 16q.00
251 —500 feet of excavation length 267.00
501 - 750 feet of excavation length 373.00
751 — 1000 feet of excavation len th 480.00
Fee Calculation:
Permit Fee = BF +AF (for the appropriate length of excavation)
If the excavation exceeds 1,000 linear feet
Permit Fee = BF + $480.00 + (HIR x pength of excavation — 1000/100)
For Non-Excavation Type Work: This work includes any work in the public right-of-way that is not
covered by any other permits and includes such things as overhead utility work, geotechnical
bo ings, horizontal directional drilling and vault installation.
Re§oiution No. 5352
Fetiruary 23, 2018
Page 13
Page 195 of 196
Permit Fee = BF + (HIR x Permit Duration in Days)
In Lieu of Fee: In lieu of the above standard rates, the city engineer or his/her designee may
calculate the fee based upon current labor rates for administrative and inspection staff after
deyeloping an estimate of staff effort involved. For projects that are expected to involve significantly
more than 1,000 feet of street excavafion or when the scope or duration cannot.be accurately
estimated, the city engineer may establish a deposit account to manage permitee deposits in
advance of permit issuance for reimbursing actual labor costs of administering the permit, Such
deposit accounts will not be interest bearing and will be closed at fhe end of the permitted work
when a final accounting of the permit administration sost shall be calculated and a final bill or credit
issued to 4he permitee.
I R Memo iai"i n P"ragram: (Per'=Qrdinanee: . : 7 rdina aceNa GY;,and R on t "`
531=9 , . ._ ` n. , , . . ,- f > . `
b _ . :.
Memorial Si n 155.00
3:S pq a„Re mits '.(P,er OrdrnB ce /a ri: 5817 and amendea' by Re"solut ori N_d,-3953, Resolut on'
Wo.,4 D2„R(ution.No_4424_.ait h otutir n:No: b31.9: ' .
Permit T e Base Fee Additional Per Linear Foot
Sidewalk 56.00 1.107foot fo each foof over 25
linear feet
Residential Driveway 56.00 1.70/foot fo eacFi foot ove 20
linear fee4*
Commercial Driveway 110.00 2.207foot for each foot ove 48
linear feet*
Drivewa widths are.based on the width of the.d ivewa a ron in the ri ht-of-wa ..
14:Str t, , ackAgreem;r ts;, (FerOirlfrr iiCe;No:6319,R`f,d!; „,: iiHRe sd'le±tion ';
IV , 9:r. __ . _ u
A lication Fee 515.00
Processin Fee 1030.00
Assessment Reimbursement Area Anal sis 1,030.00
Transaction/Collection Fee 310.00
Recordin Fee 84.00
Outside Professional Se[vices when needed Time and Mate ials
ifi.`Miti ationa"# m'` t-Fees:for'Exem t_Wells e utian:No 5352r2 ..E S6:603.1.
Mitiqation and Impact fees for properties thaf will be served bv new 500.00
ezem t wells drilled on or after Janua 19 2018.`
350.00 of the $500.00 fee shall be sent to the Washinqton State Deqartment of Ecolopv for
mifiqation.enhancements.in 4he well's drainaqe basin, with the remaininq $150.00 to be retained bv
the Cit to cover its administrative costs.
Resolution No. 5352
February 23, 2018
Page 14
Page 196 of 196