HomeMy WebLinkAbout06-04-2018 CITY COUNCIL AGENDACity Council Meeting
J une 4, 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
A .L egislative Update: 31st District Representative Drew
S tokesbary
I I I .AP P O I NT M E NT S
A .A uburn Airport A dvisory Board
City Council to confirm the following appointments to serve on the A uburn Airport
A dvisory Board for three year terms, expiring December 31, 2021.
Danielle Butsick
Wayne Osborne
S ean M orrow
(RECOM M ENDED ACTION: City Council confirm the appointments to the
Auburn Airport Advisory Board).
B .A uburn Tourism Board
City Council to confirm the following appointments to serve on the A uburn Tourism
B oard:
Karrie Schofie ld – (Best We stern Hote l) – to fill the unexpired term of Tonia Jones to
expire December 31, 2020.
Malia Dale – (Red Lion Hotel) to fill the unexpired term of Ting Phonsanam to expire
December 31, 2019.
Chantelle Herburger (Gosanko Chocolate) – to fill the unexpired term of Carina
S aucedo to expire December 31, 2020.
(RECOM M ENDED ACTION: City Council confirm the appointments to the
Auburn Tourism Board).
Page 1 of 70
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 - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the May 21, 2018 City Council Meeting
B .Claims Vouchers (Coleman)
Claims vouchers 448921 through 449076 in the amount of $1,312,993.97 and five wire
transfers in the amount of $711,291.29 and dated J une 4, 2018.
C.P ayroll Vouchers (Coleman)
P ayroll check numbers 537922 through 537945 in the amount of $511,488.68 and
electronic deposit transmissions in the amount of $1,934,215.07 for a grand total of
$2,445,703.75 for the period covering May 17, 2018 to May 30, 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 .RE S O L UT IO NS
A .Resolution No. 5354 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, setting the time and
date for a public hearing before the City Council on the 2019-2024 Transportation
I mprovement P lan
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5354.)
Page 2 of 70
B .Resolution 5370 (Tate)
A Resolution of the City Council of the City of A uburn, Washington, expressing support
for enrollment of parcels 3421059044 and 3421059061 into the K ing County Public
Rating S ystem
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5370.)
C.Resolution No. 5371 (Heid)
A Resolution of the City Council of the City of A uburn, Washington, approving and
authorizing the Mayor to execute the agreement between the cities of Auburn and
S umner for adjustment of the boundary between the cities of Auburn and Sumner with
the movement of city boundary to the other side of the roadway of a portion of right-of-
way of Stewart Road/L ake Tapps Parkway East currently within the city of Auburn,
pursuant to R C W 35.13.310
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5371.)
D.Resolution No. 5372 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute a Memorandum of Understanding with the Washington S tate
Department of Transportation for the purpose of defining the local funding and phasing
of the Puget Sound Gateway Program
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5372.)
E .Resolution No. 5373 (B ailey)
A Resolution of the City Council of the City of A uburn, Washington, approving and
authorizing the Mayor to execute an agreement with S mall & Sons Oil Distribution
Company for fuel services
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5373.)
X 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 .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 21, 2018 City Council Meeting
Date:
May 23, 2018
Department:
Adminis tration
Attachments:
Minutes
Budget Impact:
Current Budget: $0
Proposed Revis ion: $0
Revis ed Budget: $0
Adminis trative Rec ommendation:
Background Summary:
Reviewed by Counc il Committees :
Counc ilmember:Staff:
Meeting Date:June 4, 2018 Item Number:CA.A
Page 4 of 70
City Council Meeting
May 21, 2018 - 7:00 P M
City Hall Council Chambers
MINUT E S
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I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy B ackus called the meeting to order at 7:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main S treet in A uburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: D eputy Mayor Bob B aggett, L arry B rown,
Claude DaC orsi, J ohn Holman, B ill Peloza, Yolanda Trout-Manuel, and
L argo Wales.
Mayor Backus and the following department directors and staf f members
were present: F inance Director Shelley Coleman, P olice Commander Dan
O'Neil, City Attorney D aniel B . Heid, D irector of Administration Dana
Hinman, I nnovation and Technology Director P aul Haugan, Human
Resources and R isk Management Director R ob Roscoe, Assistant
Director of Engineering Services/City Engineer I ngrid Gaub, Parks, A rts
and R ecreation D irector Daryl F aber, Economic Development Manager
Doug L ein, and City Clerk Danielle Daskam.
I I .AG E ND A M O D I F IC AT I O NS
A .Human Resources and Risk Management Director Rob
Roscoe
Mayor B ackus announced Human Resources and R isk Management
Director R ob Roscoe will be leaving the C ity J une 1st to take the position
of Deputy Director with the Washington Cities I nsurance A uthority. Mayor
B ackus read several testimonials regarding Mr. R oscoe and his career at
the C ity and poked a little fun as well. Mayor Backus expressed regret at
Director Roscoe's departure and thanked him for his service to the City.
I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
Page 1 of 6Page 5 of 70
No public hearing was scheduled for this evening.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
B ob Darrigan, 104 S 325th Place, Federal Way
On behalf of L ions Club Z one C 3, Mr. Darrigan thanked Mayor Backus, the
Council, and P arks Department staff for their ef f orts and f acilitation of the
annual special needs fishing derby at Mill P ond Park. S pecial needs
children with their families and their friends participated in the event. Mr.
Darrigan thanked the businesses and organizations that helped organize
the event, and Mr. Darrigan thanked the City for its continued support.
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman spoke regarding seismic saf ety, job saf ety, and code
enforcement.
C.Correspondence
There was no correspondence for City Council review.
I V.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 Brown, chair of the Finance ad hoc committee, reported
he and C ouncilmember Holman reviewed claims voucher numbers 448715
through 448920 and wire transf ers totaling approximately $5,195,000.00
and payroll check numbers 537895 through 537921 and electronic deposit
transmissions totaling approximately $2.2 million. C ouncilmember Brown
reported all items were in order, and the ad hoc committee recommends
approval.
Councilmember DaCorsi, chair of the Roads Projects ad hoc committee,
reported the committee, consisting of Deputy Mayor Baggett and
Councilmember Trout-Manuel and himself, met May 14, 2018, with
A ssistant Director of E ngineering Services/City E ngineer Gaub and Traffic
E ngineer J ames Webb to review Transportation I mprovement
P lan projects. The ad hoc committee plans to meet again next week.
V.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 May 7, 2018 Regular City Council Meeting
B .Claims Vouchers (Coleman)
Page 2 of 6Page 6 of 70
Claims vouchers 448715 through 448920 in the amount of $4,611,953.69 and two wire
transfers in the amount of $583,828.14 and dated May 21, 2018.
C.P ayroll Vouchers (Coleman)
P ayroll check numbers 537895 through 537921 in the amount of $228,912.24 and
electronic deposit transmissions in the amount of $2,001,636.22 for a grand total of
$2,230,548.46 for the period covering May 3, 2018 to May 16, 2018.
Deputy Mayor Baggett moved and C ouncilmember Trout-Manuel
seconded to approve the Consent A genda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I .UNF INIS HE D B US I NE S S
There was no unfinished business.
V I I .NE W B US I NE S S
There was no new business.
V I I I .O RD INANC E S
A .Ordinance No. 6683 (Heid)
A n Ordinance of the City Council of the City of A uburn, Washington, repealing S ection
2.30.040 of the Auburn City Code relating to the limitation on serving on more than one
board or commission
Deputy Mayor B aggett moved and Councilmember Holman seconded to
adopt Ordinance No. 6683.
Councilmember Wales spoke against the ordinance. S he spoke in favor of
limiting the ability to appoint any individual to more than one board or
commission. Councilmember Wales stated limiting the membership on
multiple boards or commissions will provide opportunity to other members
of the community to serve.
Councilmember Holman agreed with Councilmember Wales' comments
about providing opportunity for members of the community to serve.
Councilmember Holman spoke in favor of the proposed ordinance stating it
will allow more f lexibility f or appointments to boards and commissions,
particularly when insufficient volunteers are available..
Councilmember Trout-Manuel agreed with Councilmember Wales
comments and spoke against the ordinance.
Councilmember DaCorsi spoke against the proposed ordinance.
Councilmember P eloza spoke in f avor of the ordinance and recalled prior
to being elected to the C ity C ouncil he served on the W hite River Valley
Historical Society B oard while also serving on the A irport Advisory B oard.
Page 3 of 6Page 7 of 70
MO T I O N C A R R I E D. 4-3 Councilmembers DaCorsi, Trout-Manuel, and
Wales voted no.
I X.RE S O L UT IO NS
A .Resolution No. 5365 (Roscoe)
A Resolution of the City Council of the City of A uburn, Washington, confirming the
appointment of Steven L . Gross as City A ttorney for the City of A uburn, Washington
Councilmember Holman moved and Councilmember B rown seconded to
adopt Resolution No. 5365.
Councilmember Holman spoke in favor of appointing Steve Gross as the
City's new City Attorney citing Mr. Gross's past service with the City as
A ssistant City A ttorney, his previous municipal law experience, and his
experience with the United S tates A rmy. Mr. Gross lef t the City of A uburn
to become City A ttorney for the C ity of Port Townsend approximately four
years ago.
Councilmember P eloza spoke in favor of the appointment of Steve Gross
as the City's new City A ttorney.
Councilmember Wales stated that, while City Attorney Heid is
irreplaceable, she was happy to learn S teve Gross would be returning to
the City of A uburn as City A ttorney.
Mayor Backus thanked Human Resources and Risk Management Director
Roscoe and City A ttorney Heid f or their ef f orts in recruiting S teve Gross to
return to the City of A uburn.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5368 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an I nterlocal Agreement between the City of A uburn and Green River
College for the purpose of providing small-business education and training
Councilmember B rown moved and Deputy Mayor Baggett seconded to
adopt Resolution No. 5368.
Councilmember B rown spoke in favor of the resolution and the benefits of
the City's business incubator.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C.Resolution No. 5369 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to accept federal grant funds to be administered through the Washington State
Department of Transportation for the A Street S E Preservation Project
Page 4 of 6Page 8 of 70
Councilmember DaCorsi moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5369.
Councilmember D aCorsi explained R esolution No. 5369 authorizes the
acceptance of a f ederal grant in the amount of $881,800.00 to f inance the
design, environmental permitting, and construction phases of the A Street
S E Preservation P roject. T he grant requires a fifty percent local funding
match, which is included in proposed budget amendment number 6. T he
project will grind and overlay A Street S E f rom East Main to 17th Street
S E .
I n response to questions f rom Council, A ssistant D irector of Engineering
S ervices/City E ngineer Gaub explained the project is already included in
the Capital Facilities Plan for 2019 and 2020, but Washington S tate
Department of Transportation had grant f unds available this year. The total
project cost is approximately $1.7 million.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor Baggett reported on his attendance at the annual State L aw
E nforcement Officers and F ire Fighters (L E O F F) Education A ssociation's
conference for L E O F F B oard members, where he attended education
sessions on community para medicine, Medicare and veterans benefits,
and stem cell therapy. Deputy Mayor B aggett also reported on his
attendance at the ribbon cutting ceremony for Mc Donald's at 1531 A uburn
Way North and the Medic 1/E MS L evy Task Force Finance Subcommittee
meeting.
Councilmember Peloza reported on his attendance at the Metropolitan
S olid Waste Management A dvisory C ommittee meeting where the
committee discussed tipping fees, implications of C hina S word and
plastics recycling markets, the Cedar Hills L andfill, and the Green Schools
recycling program.
Councilmember Trout-Manuel reported on her attendance at the Senior
Center Coffee Hour along with Councilmember P eloza.
Councilmember Wales reported on her attendance at the A uburn A rt Walk.
S he thanked the P arks Department staff f or their assistance during the
event.
Councilmember Holman reported on his attendance at the Washington
S tate F orensic I nvestigations C ouncil meeting and noted several
Page 5 of 6Page 9 of 70
employment opportunities at the Washington State Crime L ab.
Councilmember B rown thanked C ouncilmember Peloza for his work on the
S olid Waste A dvisory Committee. C ouncilmember B rown reported he has
visited a landf ill near Goldendale, the Roosevelt f acility, which processes
all solid waste from S nohomish C ounty and produces electricity from the
waste.
Councilmember DaCorsi reported he attended the State Affordable
Housing A dvisory B oard meeting where Board members discussed
Opportunity Z one designation and opportunities for development of
affordable housing and a report from the Department of Ecology updating
the B oard on Engrossed Substitute S enate Bill 6095 which provides a
toxic cleanup program similar to the B rownfields Program. Councilmember
DaCorsi also reported on his attendance at the Regional Transit
Committee meeting.
B .From the M ayor
Mayor Backus reported she was in Washington, D.C. May 7-9, 2018 with
the Tacoma-P ierce C ounty Chamber of Commerce as part of the
Washington to Washington annual conference. A t the conference, Mayor
B ackus participated on a panel for 2018 federal health care with special
focus on mental health. Other panels at the conference related to J oint
B ase L ewis-Mc Chord; transportation and infrastructure; commerce, cultural
and maritime ties that bind Washington and A laska; and small business in
Tacoma and Pierce County. Mayor Backus also reported on her
attendance at the L ions Z one C 3 Fishing Derby, the Skills I nc. Run for
A bilities held at Roegner Park, Petpalooza, and the Master Builders
A ssociation ramp-a-thon. Mayor Backus announced an upcoming Mental
Health Town Hall on T hursday, May 31st at 5:30 p.m. at the A uburn
Community and E vents Center, where a panel of experts will be on hand to
provide information on mental health services available in the area.
X I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
adjourned 8:09 p.m.
A P P R O V E D this 4th day of J une, 2018.
_________________________ ____________________________
NA NC Y B A C K US, MAYO R Danielle Daskam, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 6 of 6Page 10 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
May 30, 2018
Department:
Financ e
Attachments:
No Attachments Available
Budget Impact:
Adminis trative Rec ommendation:
City Counc il approve c laims vouc hers.
Background Summary:
Claims vouchers 448921 through 449076 in the amount of $1,312,993.97 and five wire transfers in the
amount of $711,291.29 and dated June 4, 2018.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Coleman
Meeting Date:June 4, 2018 Item Number:CA.B
Page 11 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouc hers (Coleman)
Date:
May 30, 2018
Department:
Financ e
Attachments:
No Attachments Available
Budget Impact:
Adminis trative Rec ommendation:
City Counc il approve payroll vouc hers.
Background Summary:
Payroll c hec k numbers 537922 through 537945 in the amount of $511,488.68 and elec tronic depos it
trans mis s ions in the amount of $1,934,215.07 for a grand total of $2,445,703.75 for the period covering
May 17, 2018 to May 30, 2018.
Reviewed by Counc il Committees :
Financ e
Counc ilmember:Staff:Coleman
Meeting Date:June 4, 2018 Item Number:CA.C
Page 12 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5354 (Gaub)
Date:
May 24, 2018
Department:
CD & PW
Attachments:
Res olution No. 5354
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5354.
Background Summary:
Resolution No. 5354 is for the City Council to set a time and date for a public hearing to
amend the Six Year Transportation Improvement Program. The public hearing is proposed to
be held on June 18th, 2018 during the City Council Meeting.
A summary of the proposed changes was presented at City Council study session on May
29th.
The Six-Year Transportation Improvement Program (TIP) is required to be amended annually
as required by RCW 35.77.010. The primary importance of the TIP is that, in most instances,
projects must be included on the TIP to be eligible for state and federal grant programs. The
TIP identifies secured or reasonably expected revenues and expenditures for each of the
projects included in the TIP. Typically, projects listed in the first three years of the document
are shown as having secured funding while projects in years 4, 5, and 6 can be partially or
completely un-funded.
The T I P is a multiyear planning tool and document for the development of transportation
facilities within the C ity and does not represent a financial commitment by the City. Once the
T I P is approved, projects are budgeted and funded through the City’s biennial budget. T he
T I P sets priorities for the acquisition of project f unding and is a prerequisite of most grant
programs. Staf f also uses the T I P to coordinate f uture transportation projects with needed
utility improvements.
SUMM ARY OF PROPOSED AM ENDMENT S T O T HE 2019-2024 T IP
Deletions: The following projects are proposed to be removed:
T I P 2: A S t Traffic S ignal I mprovements ($1.20M) – T his project was combined with
T I P 19 (A uburn Way N/1st St NE Signal I mprovements) to become I -1 (Signal
Page 13 of 70
Replacement P rogram) to address the ongoing need to replace signal infrastructure as
it reaches the end of its service life.
T I P 12: Grade Separated C rossing of the B NS F R ailyard ($32.1M) – T his project was
removed from the T I P as it is not anticipated to be started within the next six years. The
project remains in the Comprehensive Transportation Plan.
T I P 14: A S treet S E S ignal S af ety and Traf f ic Operations ($0.46M) – W ill be completed
in 2018.
T I P 15: 8th Street NE W idening (Pike St NE to R S t NE ($1.45M) – T he scope of this
project was combined with R-20 (Lea Hill Rd Segment 1).
T I P 19: A uburn Way N/1st St NE Signal I mprovements ($0.60M) - This project was
combined with T I P 2 (A St Traf f ic S ignal I mprovements) to become I -1 (Signal
Replacement P rogram) to address the ongoing need to replace signal infrastructure as
it reaches the end of its service life.
T I P 21: W Main St & C S t NW Traffic S ignal Upgrade ($0.49M) - W ill be completed in
2018.
T I P 24: A cademy Drive Multi-Use Trail ($0.85 M) - T his project was removed from the
T I P as it is not anticipated to be started within the next six years. T he project remains in
the Comprehensive Transportation Plan.
T I P 53: A uburn Way S & 12th S t S E I ntersection I mprovements ($0.20M) – W ill be
completed in 2018.
TIP 55: Auburn Way S Sidewalk Improvements ($0.67M) - Will be completed in 2018.
T I P 71: 15th S t NE /NW P reservation (S R-167 to 8th St NE) ($1.64M) - W ill be
completed in 2018.
Additions: The following projects are proposed to be added:
T I P I -1: Signal R eplacement Program ($1.20M) – this project replaces T I P 2 (A Street
S E Traf f ic Signal I mprovements) and T I P 19 (A uburn Way N and 1st S treet NE S ignal
I mprovements). T his will be an ongoing program to replace existing signal infrastructure
as it reaches its end of life.
T I P I -7: S E 320th St/116th Ave S E Roundabout ($1.73 M) – the project will construct a
new roundabout along S E 320th S treet at the intersection with 116th Avenue S E . T he
intersection is currently stop controlled on the 116th Avenue S E approaches. T his was
previously included as part of the scope f or T I P #42 (S E 320th S treet Corridor
Improvements).
T I P I -11: A uburn Way S /6th Street S E ($1.20M) – T he project will construct a new
southbound right-turn lane on Auburn Way S at the intersection with 6th Street SE.
T I P N-7: A uburn Way S Sidewalk – S outhside (17th Street S E to MI T P laza south side)
($0.71M) – T he project will construct a new sidewalk along the south side of A uburn
Way S between Howard Road to the west of the Muckleshoot P laza signal. T he City has
received f unding f rom T I B for similar improvements along the north side of Auburn Way
S in this vicinity.
T I P N-11: L ea Hill S afe R outes to School ($1.83M) – the project will construct safe
routes to schools improvements in the vicinity of Hazelwood Elementary School, L ea
Page 14 of 70
Hill Elementary School, and Rainier Middle School.
T I P P -10: A Street S E Preservation (37th S treet S E to K ing/P ierce C ounty L ine)
(S1.71M) – the project will preserve the pavement and construct ADA improvements.
T I P P-11: C S treet S W Preservation (W Main S treet to G S A S ignal) ($2.31 M) - the
project will preserve the pavement and construct ADA improvements.
T I P P-12: L akeland Hills Way P reservation (57th Drive S E to L ake Tapps P kwy)
($1.20M) - the project will preserve the pavement and construct ADA improvements.
T I P R-15: A uburn Way S at P oplar S treet S afety I mprovements ($0.27M) – the project
will install improvements to improve saf ety along Auburn Way S in the vicinity of the
curve adjacent to Poplar Street.
Other M odifications: T he following projects are highlighted to point out significant changes
in scope, cost, or funding status:
The development of a new numbering system f or the projects has been implemented as part
of this year’s annual update. T he T I P number f or each project now identifies the project type,
making individual projects easier to f ind, making future updates easier, and making the
document more user friendly. The new numbering convention is as follows:
I-X: Intersection, Signal and ITS projects
N-X: Non-Motorized and Transit projects
P-X: Preservation projects
R-X: Roadway projects
S-X: Study and Monitoring projects
Other changes proposed to be made as part of the annual update are to revise certain project
descriptions, cost estimates, and anticipated funding sources to be more representative of
project scopes and available funding sources.
NEXT ST EPS:
S taff will continue to develop the 2019-2024 T I P update in coordination with the C ity C F P
planning process and budget development. C ouncil and administration comments will be
addressed and incorporated into the final draf t. A second study session review is scheduled
for J une 11th, and a second review with the Transportation Advisory B oard is scheduled for
J une 12th. The public hearing and final adoption are scheduled for the J une 18th Council
meeting.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Page 15 of 70
Meeting Date:June 4, 2018 Item Number:RES.A
Page 16 of 70
RESOLUTION NO. 5 3 5 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBqRN, WASHINGTON, SETTING THE TIME AND DATE
FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL ON
THE 2019-2024 TRANSPORTATION IMPROVEMENl' PLAN
WHEREAS, Section 35.77.010 of the Revised Code of Washington (RCW)
requires that the City of Auburn annually prepare and adopt a comprehensive
transportation improvement program for each ensuing six calendar years to ensure that
the City wiil have available advance plans as a guide in carrying out a coordinated
street construction program; and
WHEREAS, RGW 35.77.010 requires the City Council to annually conduct a
public hearing to review the work accomplished under each six-year Transportation
Improvement Program, and to adopt a revised and exte.nded comprehensiVe
transportation improvement program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. PURPOSE. The purpose of this Resolution is forthe City Council to
set a time and date for a public hearing on the 2019-2024 Transportation Improvement
Plan, to reView the work accomplished under the program, and to identify capital
transportation system improvement projects, and relevant transportation studies.
Section 2. NOTICE OF HEARING. The Council hereby directs that a notice
specifying the time and place of the public hearing shall be published one time in a
newspaper of general circulation and the notice shall also be posted in three public
places. Such public notice shall precede the public hearing by at least 10 days.
Resolution No. 5354
May 30, 2018
Page 1
Page 17 of 70
Section 3. DATE OF HEARING. Pursuant 40 4he requirements of State law, a
public hearing on said 2019-2024 Transportation Improvement Program will be held on
fhe 18th day of June, 2018, at7:00 p.m., or as soon thereafter as reasonably possible,
in the Council Chambers of the Auburn City Hall at 25 West Main Street in Aubum,
Washington, before the City Counc'il, at which hea ing all persons interested in said
2019-2024 Transporta4ion Improvement Program are encouraged to attend and testify.
Section 4. AUTHORITY. The Mayor is hereby authorized to implement such
administ ative procedures as may be necessary to carry out the direc4ives of this
legislation.
Section 5. EFFECTIVE DATE. This resolution shall be in full force and effect
upon passage and signatures hereon.
DATED and SIGNED this day of June, 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP ED A O FORM;
Darnel B. Heid, ity Attorney
Etesolufion No. 5354
May 30, 2018
Page 2
Page 18 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution 5370 (Tate)
Date:
May 30, 2018
Department:
Community Development and
Public Works
Attachments:
Agenda Bill
Attachment 1
Attachment 2
Res olution No. 5370
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt the Resolution 5370.
Background Summary:
Please see the attached Agenda Bill.
Rev iewed by Council Committees:
Other: Planning
Councilmember:Staff:Tate
Meeting Date:June 4, 2018 Item Number:RES.B
Page 19 of 70
Memorandum
To: City Council Members
From: Jeff Tate, Assistant Director of Community Development
CC: Mayor Nancy Backus
Date: May 16, 2018
Re: Massena PBRS Application – Parcels 3421059044 & 3421059061 – Resolution 5370
PUBLIC BENEFIT RATING SYSTEM (PBRS) OVERVIEW
The Public Benefit Rating System (PBRS) is an open space property tax program allowed under
RCW 84.34 and administered by the County. In King County, administration is carried out by
the Department of Natural Resources and Parks. The intent of the program is to encourage
preservation of open space lands, agricultural lands and forested lands that are in private
ownership by offering property tax reductions for land owners who are willing to preserve their
land above and beyond the minimum requirements established within adopted land use
regulations.
Private property owners may submit a PBRS application request to the County who then
reviews the request against adopted King County code provisions in order to determine
eligibility in the program. The program establishes a number of different open space resources
that a property owner can seek to preserve (e.g. agricultural land, surface water quality buffer,
forest stewardship, public access). Each resource is assigned a point value or range of point
values. The more points that a property earns the more property tax reduction that may be
awarded.
Property tax reductions that are awarded to an owner carry land management obligations that
are recorded against the property. A reduction in property tax revenue from a single property
results in a shift whereby all other property tax payers within the County share in making up the
lost revenue. Removal of a property from the PBRS open space program (whether intentional
or unintentional) causes the payment of back taxes, penalties, and interest.
MASSENA APPLICATION
The Massena property consists of 2 separate parcels that total 10.08 acres. The owner is
seeking enrollment in the PBRS program under the farm and agricultural conservation land
category. The Massena’s utilize the property as farmland for the purpose of raising sheep.
King County is recommending that 8.35 acres of the total property be enrolled in the program
subject to preparation and submittal of a Farm Management Plan in consultation with the King
Conservation District by October 31, 2018. County staff has recommended awarding a total of
5 points which would result in a 50% reduction in the taxable value for the portion of the land
enrolled in the program.
PROCESS AND ACTION:
While the PBRS program is administered by the King County Department of Natural Resources
and Parks, the granting authority for PBRS requests that are located within incorporated areas
is both the County and the City. RCW 84.34.037(1) includes the following passage:
Page 20 of 70
“Application for classification of land in an incorporated area must be acted upon by: (a) A
granting authority composed of three members of the county legislative body and three
members of the city legislative body in which the land is located in a meeting where
members may be physically absent but participating through telephonic connection; or (b)
separate affirmative acts by both the county and city legislative bodies where both
bodies affirm the entirety of an application without modification or both bodies affirm
an application with identical modifications.”
The above passage requires that both the City of Auburn City Council and the Metropolitan King
County Council approve the application request. Subsection (b) that is in bold is the provision
that pertains to this request. Resolution 5370 is tentatively scheduled to come before the
Auburn City Council for action on June 4, 2018. A similar action is tentatively scheduled to
come before the Metropolitan King County Council’s Planning, Rural Service and Environment
Committee for public hearing on June 5, 2018.
The King County Department of Natural Resources and Parks has prepared a staff report
(Attachment 1) that includes detailed information about the property, the County policies that the
request is evaluated against, the findings pertaining to this request, conditions of approval, and
a recommendation for acceptance into the program.
Page 21 of 70
KING COUNTY
DEPARTMENT OF NATURAL RESOURCES AND PARKS
WATER AND LAND RESOURCES DIVISION
Report to the City of Auburn for Property
Enrollment in the Public Benefit Rating System (PBRS)
May 15, 2018
APPLICANTS: William and Sharon Massena File No. E17CT021A
A. GENERAL INFORMATION:
1. Owners: William and Sharon Massena
5502 Jordan Avenue SE
Auburn, WA 98092
2. Property location: same as above
3. Zoning: RC
4. STR: SW-34-21-05
5. PBRS category requested by applicants and recommended by program staff:
Open space resource
Farm and agricultural conservation land
6. Parcel: 342105-9044 342105-9061
Total acreage: 6.08 4.00
Requested PBRS: 6.08 4.00
Home site/excluded area: 1.05 0.68
Recommended PBRS: 5.03* 3.32*
NOTE: The attached map (2017 aerial photo) outlines in yellow the parcel boundaries
and in blue the areas proposed to be excluded from PBRS. The portion
recommended for enrollment in PBRS (8.35 acres) is the entire property (10.08
acres) less the excluded areas as measured (1.73 acres). In the event the
Assessor’s official parcel size is revised, PBRS acreage should be
administratively adjusted to reflect that change.
*Recommended PBRS acreage is dependent upon the property’s
qualification for the farm and agricultural conservation land category,
which requires the enrolled acreage be farmed according to an approved
Page 22 of 70
E17CT021A Massena report 2
farm management plan. Without award of this category, the property is
not eligible to participate in PBRS.
B. FACTS:
1. Zoning in the vicinity: Properties in the vicinity are zoned RC, RA5 and RA10.
2. Development of the subject property and resource characteristics of open space area: The
property contains a single family residence on each parcel, each with a septic system,
well, barn, access driveway, landscaping and additional personal use areas. The open
space portion of the property consists mostly of maintained pasture areas and associated
farm related structures used for sheep farming.
3. Site use: The property is used as single family residences and a sheep farm.
4. Access: The property is accessed from 55th Street SE.
5. Appraised value for 2017 (based on Assessor’s information dated 5/14/2018):
Parcel #342105-9044 Land Improvements Total
Assessed value $166,000.00 $449,000.00 $615,000.00
Tax applied $2,436.98 $6,591.56 $9,028.54
Parcel #342105-9061 Land Improvements Total
Assessed value $137,000.00 $121,000.00 $258,000.00
Tax applied $2,011.23 $1,776.35 $3,787.58
NOTE: Participation in PBRS reduces the appraised land value for the portion of the
property enrolled resulting in a lower taxable value.
C. REQUIREMENTS SPECIFIED BY KING COUNTY CODE (KCC):
KCC 20.36.010 Purpose and intent.
It is in the best interest of the county to maintain, preserve, conserve and otherwise
continue in existence adequate open space lands for the production of food, fiber and forest
crops, and to assure the use and enjoyment of natural resources and scenic beauty for the
economic and social well-being of the county and its citizens.
It is the intent of this chapter to implement RCW Chapter 84.34, as amended, by
establishing procedures, rules and fees for the consideration of applications for public benefit
rating system assessed valuation on "open space land" and for current use assessment on
"farm and agricultural land" and "timber land" as those lands are defined in RCW 84.34.020.
Page 23 of 70
E17CT021A Massena report 3
The provisions of RCW chapter 84.34, and the regulations adopted thereunder shall govern
the matters not expressly covered in this chapter.
KCC 20.36.100 Public benefit rating system for open space land – definitions and eligibility.
A. To be eligible for open space classification under the public benefit rating system,
property must contain one or more qualifying open space resources and have at least five
points as determined under this section. The department will review each application and
recommend award of credit for current use of property that is the subject of the
application. In making such recommendation, the department will utilize the point
system described in section B. and C. below.
B. The following open space resources are each eligible for the points indicated:
1. Public recreation area – five points
2. Aquifer protection area – five points
3. Buffer to public or current use classified land – three points
4. Equestrian-pedestrian-bicycle trail linkage – thirty-five points
5. Active trail linkage – fifteen or twenty-five points
6. Farm and agricultural conservation land – five points
7. Forest stewardship land – five points
8. Historic landmark or archaeological site: buffer to a designated site – three points
9. Historic landmark or archaeological site: designated site – five points
10. Historic landmark or archaeological site: eligible site – three points
11. Rural open space – five points
12. Rural stewardship land – five points
13. Scenic resource, viewpoint, or view corridor – five points
14. Significant plant or ecological site –five points
15. Significant wildlife or salmonid habitat – five points
16. Special animal site – three points
17. Surface water quality buffer – five points
18. Urban open space – five points
19. Watershed protection area – five points
C. Property qualifying for an open space category in subsection B. of this section may
receive credit for additional points as follows:
1. Resource restoration - five points
2. Additional surface water quality buffer - three or five points
3. Contiguous parcels under separate ownership - two points
4. Conservation easement of historic easement – fifteen points
5. Public access - points dependent on level of access
a. Unlimited public access - five points
b. Limited public access - sensitive areas - five points
c. Environmental education access – three points
d. Seasonal limited public access - three points
e. None or members only – zero points
Page 24 of 70
E17CT021A Massena report 4
6. Easement and access – thirty-five points
D. 2016 COMPREHENSIVE PLAN POLICIES AND TEXT:
E-101 In addition to its regulatory authority, King County should use incentives to
protect and restore the natural environment whenever practicable. Incentives
shall be monitored and periodically reviewed to determine their effectiveness in
terms of protecting natural resources.
NOTE: Monitoring of participating lands is the responsibility of both department PBRS
staff and the landowner. This issue is addressed in the Resource Information
document (page 4) and detailed below in Recommendation #B10.
E-112a The protection of lands where development would pose hazards to health,
property, important ecological functions or environmental quality shall be
achieved through acquisition, enhancement, incentive programs and appropriate
regulations. The following critical areas are particularly susceptible and shall be
protected in King County:
a. Floodways of 100-year floodplains;
b. Slopes with a grade of 40% or more or landslide hazards that cannot be
mitigated;
c. Wetlands and their protective buffers;
d. Aquatic areas, including streams, lakes, marine shorelines and their
protective buffers;
e. Channel migration hazard areas;
f. Critical Aquifer Recharge Areas;
g. Fish and Wildlife Habitat Conservation Areas; and
h. Volcanic hazard areas.
E-421 Terrestrial and aquatic habitats should be conserved and enhanced to protect and
improve conditions for fish and wildlife.
NOTE: PBRS is an incentive program provided to encourage voluntary protection of open
space resources and maintain high quality resource lands.
E-429 King County should provide incentives for private landowners who are seeking
to remove invasive plants and noxious weeds and replace them with native
plants, such as providing technical assistance or access to appropriate native
plants.
NOTE: Participation in PBRS requires landowners address invasive plant and noxious weed
control and removal within enrolled portions of a property. Replacement with
native vegetation is also encouraged via the implementation of approved forest
stewardship, rural stewardship or resource restoration plans.
Page 25 of 70
E17CT021A Massena report 5
E-443 King County should promote voluntary wildlife habitat enhancement projects by
private individuals and businesses through educational, active stewardship, and
incentive programs.
E-476 King County should identify upland areas of native vegetation that connect wetlands
to upland habitats and that connect upland habitats to each other. The county should
seek protection of these areas through acquisition, stewardship plans, and incentive
programs such as the Public Benefit Rating System and the Transfer of Development
Rights Program.
E-504 King County should protect native plant communities by encouraging management
and control of nonnative invasive plants, including aquatic plants. Environmentally
sound methods of vegetation control should be used to control noxious weeds.
NOTE: Lands participating in PBRS provide valuable resource protection and promote the
preservation or enhancement of native vegetation. Addressing nonnative vegetation
(invasive plant species), through control and eradication is a PBRS requirement.
E-449 King County shall promote retention of forest cover and significant trees using a mix
of regulations, incentives, and technical assistance.
R-605 Forestry and agriculture best management practices are encouraged because of
their multiple benefits, including natural resource preservation and protection.
NOTE: The implementation of an approved forest stewardship, farm management or rural
stewardship plan benefits natural resources, such as wildlife habitat, stream buffers
and groundwater protection, as well as fosters the preservation of sustainable
resources.
E. PBRS CATEGORIES REQUESTED and DEPARTMENT RECOMMENDATIONS:
Open space resource
Farm and agricultural conservation land
More than eight acres of the property consists of farmland actively managed for raising
sheep. In order for the property to qualify for this category and enroll in PBRS, an
approved farm management plan must be implemented. The owners are working with
the King Conservation District to develop a farm management plan. Credit for this
category is recommended dependent upon this plan being received by the department
on or before October 31, 2018.
NOTE: It is important to note that enrollment in the PBRS program requires the control and
removal of invasive plant species. This issue is addressed in the Resource
Information document (page 3) and below in Recommendation #B7.
Page 26 of 70
E17CT021A Massena report 6
CONCLUSIONS AND RECOMMENDATIONS
A. CONCLUSIONS:
1. Approval of the subject request would be consistent with the specific purpose and intent
of KCC 20.36.010.
2. Approval of the subject request would be consistent with policy E-101 of the King
County Comprehensive Plan.
3. Of the points recommended, the subject request meets the mandatory criteria of KCC
20.36.100 as indicated:
Open space resource
Farm and agricultural conservation land 5*
TOTAL 5 points
NOTE: *Without award of this category, the property would not be eligible to participate
in PBRS.
B. RECOMMENDATION:
APPROVE the request for current use taxation "Open space" classification with a Public
Benefit Rating of 5 points, subject to the following requirements:
Requirements for Property Enrolled in the
Public Benefit Rating System Current Use Taxation Program
1. Compliance with these requirements is necessary to continue to receive the tax benefits
from the King County Public Benefit Rating System (PBRS) current use taxation
program for the property enrolled in the program (Property). Failure to abide by these
requirements can result in removal of current use designation and subject the property
owner (Owner) to the penalty, tax, and interest provisions of RCW 84.34 and assessment
at true and fair value. The County Assessor and the King County Rural and Regional
Services Section or its successor may re-evaluate the Property to determine whether
removal of the open space designation is appropriate. Removal shall follow the process
in RCW 84.34.108.
2. Revisions to these requirements may only occur upon mutual written approval of the
Owner and granting authority. These conditions shall apply so long as the Property
retains its open space designation. If a conservation easement acceptable to and approved
PUBLIC BENEFIT RATING
For the purpose of taxation, 5 points result in 50% of market value and a 50% reduction in
taxable value for the portion of land enrolled.
Page 27 of 70
E17CT021A Massena report 7
by the City of Auburn and King County is granted by the Owner or the Owner’s
successors in interest to the Department of Natural Resources and Parks, King County or
a grantee approved by King County, these requirements may be superseded by the terms
of such easement, upon written approval by King County.
3. The open space classification for this Property will continue so long as it meets the open
space purposes for which it was initially approved. Classification as open space will be
removed upon a determination by King County that the Property no longer meets the
open space purposes for which it was initially approved. A change in circumstances
which diminishes the extent of public benefit from that approved by the City of Auburn
and King County Council in the open space taxation agreement will be cause for removal
of the current use assessment classification. It is the Owner's responsibility to notify the
Assessor and the King County Rural and Regional Services Section or its successor of a
change in circumstance with regard to the Property.
4. When a portion of the open space Property is withdrawn or removed from the program,
the King County Rural and Regional Services Section or its successor and the Assessor
shall re-evaluate the remaining Property to determine whether it may continue to qualify
under the program. If the remaining portion meets the criteria for priority resources, it
may continue under current use taxation.
5. Except as provided for in sections 6, 7 and 9 below, no alteration of the open space land or
resources shall occur without prior approval by the City of Auburn and the King County
Rural and Regional Services Section or its successor. Any unapproved alteration may
constitute a departure from an approved open space use and be deemed a change of
use, and subject the Property to the additional tax, interest, and penalty provisions of
RCW 84.34.080. "Alteration" means any human-induced action that adversely impacts
the existing condition of the open space Property or resources including but not limited to
the following: (Walking, horseback riding, passive recreation or actions taken in
conjunction with a resource restoration plan, or other similar approved activities are
permitted.)
a. erecting structures;
b. grading;
c. filling;
d. dredging;
e. channelizing;
f. modifying land or hydrology for surface water management purposes;
g. cutting, pruning, limbing or topping, clearing, planting, introducing, relocating or
removing vegetation, however, selective cutting may be permitted for firewood;
h. applying herbicides or pesticides or any hazardous or toxic substance;
i. discharging pollutants excepting stormwater;
j. paving, construction, application of gravel;
k. storing of equipment, household supplies, play equipment, or compost;
l. engaging in any other activity that adversely impacts the existing vegetation,
hydrology, wildlife, wildlife habitat, or other open space resources.
Page 28 of 70
E17CT021A Massena report 8
6. Notwithstanding the provisions of Section 5 trees posing a hazard to structures or major
roads may be removed. Any trees removed must be replaced.
7. If an area of the Property becomes or has become infested with noxious weeds, the
Owner may be required to submit a control and enhancement plan to the City of
Auburn and the King County Rural and Regional Services Section or its successor in
order to remove such weeds. If an area of the Property becomes or has become
invaded by non-native species, the Owner may be required to submit, or may
voluntarily submit, an enhancement plan to the King County Rural and Regional
Services Section or its successor, in order to replace such species with native species
or other appropriate vegetation.
8. There shall be no motorized vehicle driving or parking allowed on the open space
Property, except for the purpose of farm and agriculture and in areas of the Property
being used as farm and agricultural conservation land.
9. For land designated as farm and agricultural conservation land, activities that are
consistent with farm or agriculture uses and that are consistent with the approved farm
management plan shall be permitted as long as those activities do not cause a significant
adverse impact to the resource values of other awarded categories.
10. An owner of property receiving credit for farm and agricultural conservation land, forest
stewardship land, or rural stewardship land, all of which require a stewardship or
management plan, must annually provide a monitoring report that describes progress of
implementing the plan. The owner must submit this report, which must include a brief
description of activities taken to implement the plan and photographs from established
points on the property, to the department by email or by other mutually agreed upon
method. An environmental consultant need not prepare this report.
11. Enrollment in PBRS does not exempt the Owner from obtaining any required permit or
approval for activity or use on the Property.
TRANSMITTED to the parties listed hereafter:
William and Sharon Massena, applicants
Jeff Tate, Community Development Services Assistant Director, City of Auburn
Debra Clark, King County Department of Assessments
Emily Webster, King Conservation District
Page 29 of 70
Page 30 of 70
RESOLUTION NO. 5 3 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, EXPRESSING
SUPPORT FOR ENF20LLMEN'f OF PARCELS
3421059044 AND 3421U59061 INTO THE KING
COUNTY PUBLIC RATING SYSTEM
WHEREAS, RCW 84.34 authorizes counties in Washington State to
establish a Public Benefit Rating System (PBRS) that enables property owners to
be awarded with property tax reductions when they are able to demonstrate
adherence to adopted King County criteria and standards; and
WHEREAS, William and Sharon Massena are the owners of record of
parcels 3421059044 and 3421059061 where they actively utilize a portion of their
land for raising sheep; and
WHEREAS, the Massena's two properties have a combined size of 10.08
acres of which 8.35 acres are utilized as part of their agricultural operation; and
WHEREAS, the Massena's sutimitted an application to King County
requesting enrollment in the PBRS program and the County has reviewed and
recommended approval of enrollment subject to adherence to a number of
conditions, including removal and control of invasive plants, and deVelopment of
and adherence to a Farm Management Plan prepared in conjunction with King
Conservation District; and
WHEREAS, RCW 84.34.037 requires that applications for classifcation of
land in an incorporated area shall be acted upon by a granting author ty
composed of three members of the county legislative body and three member of
the city legislative body; and
Resolution No. 5370
May 15, 2018
Page 1 of 3 Page 31 of 70
WHEREAS, the King County Department of Natural Resources and Parks
has recommended that the City of Auburn and the Metropolitan King County
CounciPs Planning, Rural Service and Environment Committee approve
enroliment of the subject parcels into the PBRS program.
NOW, THEREFORE, THE GITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Approval of Recommendations. The Aubum City Council
hereby approves and endorses King Counry File No E17CT021A, which would
enroll King County tax parcels 3421059044 and 3421059061 — consisting of 8.35
acres of land located wifhin the City of Auburn, owned by William and Sharon
Massena — into the Public Benefit Rating System.
Section 2. Imalementa4ion. The Mayor is hereby authorized to
impiement such administrative procedures as necessary to notify the King
County Department of Natural Resources and Parks, and the Metropolitan King
County Council's Planning, Rural Service and Environment Committee of such
endorsement.
Section 3. Effective Date. This Resolution shall take effect and be in full
force upon passage and signatures.
Dated and Signed this day of 2018.
CITY OF AUBURN
NANCIf BACKUS, Mayor
Resolution No 5370
May 15, 2018
Page 2 of 3 Page 32 of 70
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
a "el B. He d,.ity Attome
Resolution No. 5370
May 15, 2018
Page 3 of 3 Page 33 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5371 (Heid)
Date:
May 30, 2018
Department:
City Attorney
Attachments:
Res olution No. 5371
Exhibit A - Map
Exhibit A - Map 1
Legal Des cription
Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5371.
Background Summary:
S umner is planning a redevelopment of their former golf course site. P art of this plan includes
proposed changes to the access at S tewart Road/L ake Tapps P arkway East to improve the
circulation and saf ety f or their site. Staf f has been coordinating with S umner staff to review
their proposal and make recommendations f or a saf e and efficient corridor. T his includes
changes to the jurisdictional boundary between A uburn and S umner west of the L ake Tapps
Parkway bridge over East Valley Highway. Benefits of this include:
Creating a clear delineation of maintenance responsibility between agencies.
A uburn would not be responsible (or liable) f or any of the roadway infrastructure west of
the L ake Tapps Parkway bridge or for the potential new traffic signal proposed to serve
Sumner’s development.
S umner would be required to provide access easements and an improved materials
storage site to Auburn for Lake Tapps Parkway snow/ice response.
Rev iewed by Council Committees:
Councilmember:Staff:Heid
Meeting Date:June 4, 2018 Item Number:RES.C
Page 34 of 70
RESOLUTION NO. 5 3 7 1
A RESOLUTION OF THE CITY COUNCiL OF THE CJTY
OF AUBURN, W,ASHINGTON, APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT BETWEEN THE CITIES OF AUBURN
AND SUMNER FOR ADJUSTMENT OF THE
BOUNDARY BETWEEN THE CITIES OF AUBURN AND
SUMNER WITH THE MOVEMENT OF CITY
BOUNDARY TO THE OTHER SIDE OF THE ROADWAY
OF A POF2TION OF RIGFiT-OF-WAY OF STEWART
ROAD/ LAIEE TAPPS PARKWAY EAST CURRENTLY
WITHIN THE CITY OF AUBURN, PURSUANT TO RCW
35.13.310
WHEREAS, RCW 35.13.310 authorizes the legislative bodies of cities or
towns to agree to adjust the boundaries between citie.s or towns that share a
common boundary within a right-of-way of a public street, road or highway by moving
the boundary between them to the other edge of the right-of-way; and
WHEREAS, the City of Sumner is involved in a development with associated
public works projects along Stewart Road/Lake Tapps Parkway East, which
development and projects would beneft from such en adjustment of the boundary
between the City of Aubum and the City of Sumner, moving the boundary between
the two cities to the other side of Stewart. Road/Lake Tapps Parkway East; and
WHEREAS, on January 20, 2015, the Aubum City Council adopted
Resolution No. 5113 authorizing the jurisdictional boundary modification as described
herein subject to 4he sale of Sumner's golP course closing by July 31, 2015; and
WHEREAS, on July 20, 2015, pursuant to Resolution No. 5161, the Auburn
City Counc'il, extended said deadline for the closing on the sale of Sumner's golf
course to July 31, 2016; and
WHEREAS, due to conditions outside the control of Sumner the sale of the
golf course remains pending and has not closed, therefore, the terms of Res.olution
Nos. 5113 and 5161 are now null and void; and
Resolution No. 5371
May 24, 2018
Page 1 Page 35 of 70
WHEREAS, the cities still desire to adjust the jurisdictional boundaries under
the same terms and conditions as initially set forth in Resolution No. 5113; and
WHEREAS, 4he respective cities desire that the terms and conditions for the
jurisdietional boundary modification shall remain in effect until December 31, 2021
unless administra4ively extended by e.ach city's respective Mayor; and
WHEREAS, the adjustment of the boundary between such cities pursuant to
RCW 35.13.310 is not subject to review by the Washington State Boundary Reyiew
Board for Pierce County.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is authorized to execute an
Agreeme t between the cities of Auburn and Sumner for adjustment of the boundary
between Auburn and Sumner along the portion of Stewart Road/LaKe Tapps Pa Kway
East, moving the boundary between the two cities to the o4her side of the roadway
of Stewart Road/Lake Tapps Parkway East, in substantial conformity with the
Interlocal Agreement attached hereto, marked as Exhibit "A" incorporated herein.
Section 2. The effect of 4he boundary adjustment provided for herein is to
remove the below-described right-of-way territory from within the City of Auburn and
include it'into the City of Sumner:
LEGAL DESGRIPTION
That portion of the City of Auburn in the Southwest quarter and the
Southeast quarter of the Northeast quarter of Section 1, Township 20
North, Range 4 East, Willamette Meridian, more parficularly described
as follows:
COMMENCING at the interse.ction of the South line of said Northeast
quarter and the West line of Burlington Northern Santa Fe Railroad
right-of-way, b.eing a point on the city limit line between City of Auburn
and City of Sumner;
TMENCE North 00°54'30" West, 70.03 feet along said line;
THENCE South 82°26'07"West,137.30feetalong said IinetotheTRUE
POINTOF BEGINNING
Resolution No. 5371
May 24, 2018
Page 2 Page 36 of 70
THENCE CONTINUING South 82°26'07" West, 10.75 feet along said
common line; THENCE North 89'48'.08" West, 474.24 feet along said
line;
THENCE North 88°25'14" West, 477.67 feet along said line; THENCE
North 07°41'58" West, 155.36 fe.et along said line; THENCE North
82°05'39" East, 987:52 feet;
THENCE South 00°57'23" East, 303.22 feet to the TRUE POINT OF
BEGINNING.
Containing 226,046 Square feet, more or less. SITUATE INPIERCE
COUNTY, WASHINGTON.
Section 3. The Mayor is hereby authorized to implement such administrative
proc.edures as may be necessary to carry out the directives of this legislation,
including transmitting a copy of this Resolution to the City Clerk of Sumner.
Section 4. This Resolution shall be in full force and affect upon passage and
signafures heron. It is provided, howeVer, that the provisions setforth herein and the
terms and conditions set forth in the attached agreement are subject to and
conditioned upon the sale of the golf course property in Sumner that is prompting
the jurisdictional boundary change. Should the sale of the golf course properfy not
close by December 31, 2021, thenthis Resolution and the attached Agreement
shall immediately become null and void; unless otherwise administratively
extended by the resp.ectiye Mayors of Auburn and Sumner.
DATED this - day of 2018.
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APP ED AS TO FORM:
aniel B. id, City A orne
Resolution No. 5371
May 24, 2018
Page 3 Page 37 of 70
EXHIBIT "A"
AGREEMENT REGARDING ADJUSTMENT OF MUNICIPAL BOUNDARIES
BETWEEN THE CITIES OF AUBURN AND SUMNER
RELATED TO LAKE TAPPS PARKWAY
I'HIS AGREEMENT is entered into this day of 20_,
between the City of Sumner, a Washington Municipal Corporation, located and doing business at
1104 Maple St, Sumner, Washington 98390 ("Siixnner") and the City of Auliuin, a Washington
Municipal Corporation, located and doing business at 25 West Main Street, Auburn, Washington
98001 ("Auburn").
RECITALS
WHEREAS, both cities desire to work together for the mutual and overall benefit of their
sh eet systems in the vicinity ofLake Tapps Parkway; and
WHEREAS, it is advantageous for a certain portion of Lake Tapps Pazkway to be
included within the city limits of the City of Sumner rather than its present position, located
within the City of Auburn; and
WHEREAS, such an adjustment of the boundaries b.etween the two cities would make it
also necessary for City of Auburn gravel and materials storage facilities to be relocated to a
different position along Lake Tapps Parkway; and
WHEREAS, Lake Tapps Pazkway and certain areas in the vicinity currently utilize a
common storm drainage system and stormwater pond; and
WHEREAS, tkie cities have discussed these issues and have reached an agreement with
respect to the adjustment of the boundaries between the two cities to provide for a portion of
Lake Tapps Pazkway currenUy located witliin the City of Auburn to be located witliin the City of
Sumner, adjusting the boundary between the two cities accordingly, and relocation of the City of
Auburn gravel and material storage azeas.
NOW, THEREFORE, Auburn and Sumner hereby agree as follows:
A. AUBURN AND SUMNER MUNICIPAL BOUNDARIES REVISION
1. Sumner shall maintain two westbo.und continuous flow travel lanes bypassing the new
signalized intersection as proposed by Sumner and Auburn and attached as E ibit A.
and known as the "Annexation Area".
2; All existing public infrastructure facilities within the Annexation Area will become
Sumner's property and maintenance responsibility; except that when Auburn is sanding
1
Page 38 of 70
or treating roads in the vicinity, it will continue to sand or apply treatment to the
annexation azea.
3. Existing Aubum Street lighting facilities within the Annexation Area shall be re-wired
by Sumner to be served by a Sumner-owned power service and sepazated from Auburn's
facilities.
4. Roadway storm drainage from the Annexation Area is the responsibility of Sumner and
will be entering Auburn's Stormwater Pond Facilities known as "Trillium Stormwater
Pond".
5. Stormwater from Lake Tapps Parkway drains to the Trillium Stormwater Pond through a
drainage pipe system, Sumner and Auburn wish to set forth their agreements regacding
the Trillium Stormwater Pond and related matters as follows.
a. Trillium Stormwater Pond.
Auburn will maintain the Trilliuin Stormwater Pond in compliance with City of
Aubnrn Design and Construction Standards to meet the requirements of the calculated
100 yeaz design storm"pursuant to the approved Pierce County plans.
Sumner agrees to allow ongoing access to Auburn for the maintenance of the Trillium
Stormwater Pond and secure any necessary property rights to allow access from the
proposed pedestrian trail.
Sumner agrees to provide a driveway cut on Lake Tapps Pazkway in a location that is
mutually acceptable to the Parties and consistent with the intent of this Agreement.
b. Maintenance of Stormwater ConnectioaFacilities.
Suinner will inspect, maintain and remove accumulated sediments annually for the
stormwater pipes connecting Sumner's storm system to Aubum's Trillium
Stormwater Pond.
Sumner agrees to continue to allow and provide for the existing drainage from
Aubuin's jurisdiction through the stormwater pipes as they are currently configured
within the Annexation Area.
c. C1ean-Un.
In the event of a spill of Hazardous Substances from Lake Tapps Parkway into the
Auburn Trillium Stormwater Pond, Sumner will undertake immediate response as
required by law, including, but not limited to, reporting to appropriate agencies, and
pursue enforcement of all required remediation and cleanup efforts until they aze
completed and the cleanup and/or ramediation has been approved by appropriate
govemmental agencies.
d. Hazardous Substances Defined.
As used herein, the term "Hazardous Substanc.es" means any hazardous, toxic;
chemical, or dangerous substance, pollutant, contaminant, waste or material,
including petroleum, which is regulated under any federal, state, or local statute,
2
Page 39 of 70
ordinance, rule, regulation, or common law relating to chemical management,
environmental protection, contamination, or cleanup including, without limitation, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
as amended,the Resource Conservation and Repover Act as amended.
B. RELOCATION OF AUBURN GRAVEL AND MATERIAL STORAGE
FACILITIES
1.Sumner shall provide for the relocation of the existing Aubum Gravel and
Material Storage Facilities and the construction of a Covered Dual Chamber
Material Storage Facility including paved access to the facility for City of Auburn
Maintenance & Operations use on the south side of Stewart Road at a location
agreed to by both parties..
2.Sumner shall provide all riecessary public access easements to Auburn for the
Material Storage Facility and Non-Ivlotorized Trail. Within 120 calendar days of
the completion of the final design for ingress and egress from the golf course
property is wmpleted, the Parties will work cooperatively to complete a final
legal description and necessary Exkiibits for Auburn's access to the material
Storage Faoility arid Non-motorize.d Trail. Sumner agrees to execute any and all
easements and any other necessary documents to effectuate the intent of tfiis
section.
C: PERPETUAL EASEMENT TO AUBURN GRAVEL AND MATERIAL STORAGE
FACILITIES
1.Within 120 Calendar days of the completion of the fmal design for ingress and
egress from the golf couTse property is completed, the Parties will work
cooperatively to cbmplete a final legal description and necessary Eachibits for
Auburn's access to the material Storage Facility and Non-motorized Trail.
Sumner agrees to execute any and all easements and any other necessary
documents to effectuate the intent of this section.
D. MISCELLANEOUS
L Termination. Should the sale of the golf course property not close by Dece.mber
31, 2021, then this Agreeinent shall immediately become null and void; unless
otherwise administratiqely extended by the respective Mayors of Auburn and
Sumner. Altematively, this agreement shall terminate only npon agreement of
both parties.
2. GoverninQ Law. This agreement shall be governed and construed in accordapce
with the laws of the State of Washirigt6n. If any dispute arises between the cities
dnder any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the King Counry
Superior Court, King County, Washington.
3. Modification. No waiver, alteration, or modification of any of the provisions of
3
Page 40 of 70
this agreement shall be binding unless in writing and signed by a duly authorized
representative of each city.
4.Severabilitv. If any one or more sections, subsections or sentences of this
agreement aze held to be unconstitutional or invalid, that decision shall not affect
the validity of the remaining portions of this agreement and the remainder shall
remain in full force and effect.
5.Entire Aereement. Written provisions and terms of this ageement, together with
any attached exhibits, supersede all prior verbal statements by any representative
of either city, and tliose statements shall not be construed as fornung a part of or
altering in any manner this agreement. This agreement and any attached exhibits
contain the entire agreement between the parties. Should any language in any
eachibit to this agreement conflict with any lariguage contained in this agreement,
the terms of this agreement shall prevail,
THE CITY OF AUBURN THE CITY OF SUMNER
NANCY BACKUS, MAYOR BILL PUGH, MAYOR
APPROVED BY AUBURN CITY COUNCIL MOTION ON 2_•
APPROVED BY SUMNER CITY COUNCIL MOTION ON 2_•
ATTEST; ATTEST:
SEAL) SEAL)
DANIELLE E. DASKAM MICHELLE CONVERSE
AUBURN CITY CLERK SUMNER CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
DANIEL B. HEID ANDREA MARQUEZ
AUBURN CITY ATTORNEY INTERIM SiJMNER CITY ATTORNEY
4
Page 41 of 70
Page 42 of 70
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Page 43 of 70
Project Name: Sumner Meadows
November 19, 2014
Page 1 of 1
BDG
16408L.001.doc
Exhibit: 16408EXH04-ANNEX.dwg
LEGAL DESCRIPTION
CITY OF SUMNER ANNEXATION AREA
That portion of the City of Auburn in the Southwest quarter and the Southeast quarter of the
Northeast quarter of Section 1, Township 20 North, Range 4 East, Willamette Meridian, more
particularly described as follows:
COMMENCING at the intersection of the South line of said Northeast quarter and the West line of
Burlington Northern Santa Fe Railroad right-of-way, being a point on the city limit line between City
of Auburn and City of Sumner;
THENCE North 00°54'30" West, 70.03 feet along said line;
THENCE South 82°26'07" West, 137.30 feet along said line to the TRUE POINT OF BEGINNING;
THENCE CONTINUING South 82°26'07" West, 10.75 feet along said common line;
THENCE North 89°48'08" West, 474.24 feet along said line;
THENCE North 88°25'14" West, 477.67 feet along said line;
THENCE North 07°41'58" West, 155.36 feet along said line;
THENCE North 82°05'39" East, 987.52 feet;
THENCE South 00°57'23" East, 303.22 feet to the TRUE POINT OF BEGINNING.
Containing 226,046 Square feet, more or less.
Page 44 of 70
Page 45 of 70
Page 46 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5372 (Gaub)
Date:
May 30, 2018
Department:
CD & PW
Attachments:
Res olution No. 5372 with Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5372.
Background Summary:
Resolution No. 5372 authorizes the Mayor to execute the Memorandum of Understanding
regarding the Local Funding and Phasing of the Puget Sound Gateway Program, SR167 and
SR509 Completion Projects.
Background:
In July 2015, the Washington State Legislature and Governor Inslee acted to fund the SR167
and SR509 Gateway Program through the Connecting Washington revenue package. The
Gateway Program is comprised of two projects: the State Route 167 Completion Project
which connects the current SR167 to the Port of Tacoma and the State Route 509
Completion Project which connects SeaTac Airport/SR509 to the I-5 Corridor.
WSDOT is the lead project sponsor and is responsible for the planning, design and
construction of the Gateway Program, as well as for its overall financial management.
Funding for the Puget Sound Gateway Program has been approved to come from the state
gas tax, tolls, potential federal and state grants, and has a legislative mandate to secure local
funding contributions. Since the approval of the Program, WSDOT has been working with
several local agencies to create a plan to meet the local funding requirement. The
Legislature requires that a Memorandum of Understanding (MOU) with the local agencies
involved be completed by July 1, 2018.
Agency contributions have been determined based upon the benefits that the various
agencies may receive from the Gateway Program. The City of Auburn is considered a Tier 3
City and as such our involvement includes supporting the local funding strategy as identified
in the MOU and participating in the Executive and Steering Committees for the project.
Auburn is not being asked to provide any direct funding to the Program.
WSDOT provided a briefing of the Gateway Program and the funding proposal that has been
developed in coordination with the 18 local agencies to meet the local funding requirement
set by the Legislature at the May 29, 2018 Study Session.
Page 47 of 70
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 4, 2018 Item Number:RES.D
Page 48 of 70
RESOLUTION NO. 5372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE PURPOSE OF DEFINING
THE LOCAL FUNDING AND PHASING OF THE PUGET
SOUND GATEWAY PROGRAM
WHEREAS, in July 2015, the Washington State Legislature and Governor
Inslee acted to fund the Gateway Program through the Connecting Washington
revenue package; and
WHEREAS, the Gateway Program is comprised of two projects: the State
Route 167 Compietion Project and the State Route 509 Completion Project; and
WHEREAS, these projects provide essential connections to the ports of
Tacoma and Seattle and will help ensure that people and goods move more
refiably through the Puget Sound region; and
WHEREAS, funding for the Gateway Program has been approved by the
Legislature to come from the state gas tax, tolls, local contribu4ions, and potential
federal and state grants. Total funding for the Gateway Program, from the 2015
Connecfing Washington transporta4ion funding package, is $1.875 billion, which
includes local contributions of$130 million; and
WHEREAB, the program has been funded over a 16-year timeline; and
WHEREAS, the legislatipe funding plan includes major construction for a
fir5t stage that would occur from 2019 through 2025, and a second stage from
Resolution No. 5372
May 30, 2018
Page 1
Page 49 of 70
2026 through 2030. Local contributions will be needed to construct both stage
one and stage two projects; and
WHEREAS, in the 2017 Legisla4ive session new language was enacted
Engrossed Senate Bill 5096 § 306(20)(b)) requiring development of a
Memorandum of Understanding (MOU) between the Local Agency Partners and
Washington State Department of Transportation (WSDOT) that must be
corimpleted by July 1, 2018; and
WHEREAS, representatives qf the 18 local agencies and WSDOT worked
cooperatively to develop the required Memorandum of Understanding to
summarize the planned future commitments and the planned timing of those
commitments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a Memorandum of
Understanding with the Washington State Department of Transportation, in
substantial coriformity with the document attached hereto, marked as Exhibit ''A"
and incorporated herein by thjs reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of this
legislation.
Resolution No. 5372
May 30, 2018
Page 2
Page 50 of 70
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signecl this day of 2018.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B: Heid,
City Attorney
Resolution No. 5372
May 30, 2018
Page 3
Page 51 of 70
EXHIBIT A
Puget Sound Gateway Program
SR 167 and SR 509 Completion Projects
Local Funding and Phasing
Memoran.du.m of Understanding
1. Participating Partie3
In addition to the Washington State Department of Transportation (WSDOT),the following Local
Agency Partners constitute those parties currently participating in this Memorendum of
Understanding pertaining to the local contribution requiremenf for the Puget Sound Gateway
P ogram (Gateway Program):
Port of Seattle City of Des Moines e City of Pacific
Port of Tacoma City of Edgewood o City of Puyallup
King County City of Federal Way City;of SeaTac
Pierce Gounty City of Fife City of Sumner
City of Algona City of Kent a City of Tawma
City of Auburn City of Milton
2. Background and Purpose of MOU
In luly 2015,the Washington State Legislature and Governor Inslee acted to fund the Gateway
Program tfirough the Connecting Washington redenue package.The Gateway Program is
comprised of two projects:the State Route 167 Completion Project and the State Route 509
Completion Project.These projects provide essential connectionsxo the ports ofTacoma:and
Seattle and will help ensure that people and goods move more reliably through the Puget Sound
region.
WSDOT is the lead project sponsor anil is responsible for the planning, design and construction
of the Gateway Program,as well as for its oyerall financial management. The progrem has been
guided from its beginning tiy a Joint SR 167/SR 509 Executiye Committee(Executive Committee),
cbmprised of elected and appointeii representatives of local jurisdictions served by the Gateway
Prog am (Algona,Aubum, Burien, Des Moings, Edgewood, Federal Way, Fife, Kent, Milton,
Pacific, Puyallup,SeaTac, Sumner,Tacoma, King County, Pierce County, Port of Seattle,and Port
of Tacoma)as well as Federal Highway Administration;Vilashington State Transportation
Commission, Washington State Department of Transportation, Puget Sound Regional Council,
Sound Trensit, Pierce Trensit, and the Freight Mobility$trategic Investment Board.
Funding for the Gateway Program has been approved to come from the state gas tax,tolls, local
contributio.ns,and potential federal and state grants.Total funding for the Gateway Program,
from the 2015 Gonnecting Washington transportation funding package, is$1.875 billion, which
includes local contributions of$130 million.The program has been funded o4er a 16-year
Exhibit A
Auburn Resolution No. 5372 1 5/17/2018Page 52 of 70
D(HI81T A
timeline. Based on the legislative funding plan, major construction for a first stage would occur
from 2019 through 2025,and a second stage from 2026 through 2030. Local contributions will
be needed to construct both stage one and stage two projects.
In the 2017 Legislative session new language w.as ena.cted (Engrossed Senate Bill 5096§
306(20)(b)) requiring development of a Memorendum of Understanding(MOU) between the
Local Agency Partners and WSDOT. The legislature directed ttiat:
The secretary of transportation must develop a memorandum of undentanding with
local project stakeholders that identifies o schedule forstakeholders to provide local
matching funds/or the Puget Sound Gateway project. Criteria for eligibility of local
match includes matching funds and equivolent in-kind contributions induding, but not
limited to, la.nd donotions. The memorandum of understonding must be finalized byluly
1,2018. The depaKment must submit a copy of the memorandum of understanding to
tlie t ansportatio.n committees of the legislature and report regularly on the status.
To this end,the Executiye Gommittee of the Gateway Progrem convened a Funding and Phasing
Subcommittee (Subcommittee)to develop a MOU that summarizes their planned future
commitments and planned timing of those commitments to contribute to the SR 167 and SR 509
projects.
Th'e SObcommittee goals include:
Support efforts to build the Gateway projects on or ahead of schedule
Create successful local partnerships
Obtain su cient local funding to build the Puget Sound Gateway projects
Time g ant-funding projects to support the project deliyery schedule
The construct of lo.cal funding participation,when authorized by the legislatiye bodies of the
relevant agencies through a series of forthcoming interiocal agreements,is based on the
following projections:
a F5R i67,'x.,,. , , SR;509 rTOTAI'. '.i
Port contributions 30 million 30 million 60 million
Federal INFRA grant 10 million 10 million 20 million
Local agenty partner 10 million S10 million 20 million
match
Other Grants(PSRC, 20 million 510 million 30 million
FMSIB,TIB)
Tofal 70 million 60 million 130 million
3. Local Funding Stretegy
A key element of the local funding strategy is to identify projects within the Gateway Program
that provide clear and measurable benefits to local jurisdictions. In the Gateway Progrem,these
are called "Local Nexus Projects;'designed to:
Exhibit A
Auburn Resolution No.5372 2 5/17/2018
Page 53 of 70
EXHIBIT A
Create a positive business case for Local Agen.cy Partners by focusing on the parts of the
program tliat are most relevant and important to local jurisdictions
leverage the potential to access signifcant grant funding to support local funding
assumptions
In support of the local funding stretegy,Local Agency ParEners shall:
Participate,co-fund match,and submit grant applications with support from
Subcommittee staff,as identified in Section 6 of this MOU
Combine local monetary and in-kind wntributio.ns and project funds to ensure fully-
funded applications,as identified in Section 6 of this IvIOU
Support the grant effort and avoid competition with the local projects in the year of
application
The following Local Nexus Projects have been identified within the north(SR 509)and south (SR
167)segments of the Gateway Program:
Gateway NorEh(SR 509) Gateway South(SR 167)
188th South Ramps Meridian West Ramps
SeaTac Access,with Ramps to 28`^/24th 54th Avenue East Ramps
Avenue South
Veterans Drive Extension Interurban Trail .
Lake to Sound Trail Valley Avenue West Ramps
Port of Tacoma Access/SR.509 Spur
70th Averiue E Bridge Relocation
If Local Nexus, INFRA, and any other pending grant projeds become fully funded,these projects
will contribute substa tially toward the Legislative requirement for local match. Funding
commitments will be achieved via an interlocal agreement from each sighing party up Yo the
amounts presented in this MOU. Local Agency Partner signatories to this MOU understand that
once the local contribution requirements set forth in E58 5096($130 million) is achieved,th"at
Local Agenty Partners will not be required to commit to additionai funds beyond what is
outlined in this MOU. If additional grant funding oradditional funds from other sources are
obtained that fulfiil the.$130 million Iocai confribution requirement,the Secretary of
Transportation and the Exewtive Committee will review and determine to either reduce local
agency partner match payments,or recommend ezpanding scope of the Gateway Program, and
amend each signing partys interlocal agreement accordingly.
4. Local Participation Policy
The Joint Executive Committee has agreed to a funding and phasing policy that structures local
agency partner match requirements to be commensurate with the benefits accrued from the
project at a local level. This policy states that:
Exh'ibit A
Auburn Resolution No.5372 3 5/17/2018Page 54 of 70
EXHIBIT A
All loca!agency partners qccrue some bene t from the Puget Sound Gatewoy Progrom.
Partners receiving fewer benefits,however, are not expected to contribute as much os
partners who receive more benejits. Direct benefits ore those that mosi quantifrable, but
there are other components of value thaf include indirect,strategic and policy/social
benefits: Both direct and indirect benefits will be assessed as port of fhe consideration of
local contributions, because they qre more easily quantifiable than strategic and
policy/social benefiis.
All Loca.I,Agency Partner signatories of this MOU expect to seek approval of interlocal
agreements to contribute a match to be applied to Local Nexus Projects at a level that reflects
their respe.ctive anticipated level of benefit,asidentified in Section 6 of this MOU.
5. Bene£t As;essment Methodology
The proposed financial participation by each partner is based on a general,qualitative
assessment of thenet b:enefits expe.ded to be received by full completion of the Gateway
Program,The assessment includes;he following metrics, based on available project dataand
transportation modeling outputs:
Direct transportation linkages.Tfie location of direct access points for new limited
access highways or other transportation infrastructure that benefits tFie community.
e Effects on iocal sales tazes.The impacts of the projects to sales tax receipts,tioth in
terms of one-time construction sales taxes for the project,and ongoing sales taxesfrom
impacts to commercial uses.
Travel time savings.Overall trevel time savings for local car and truck traffic associated
with the projects.
Treffic diversion from local streets.The diyersion of,or increase in,tra,ffic onJocal
arterials due to the project,with associated pbsitive impacts to traffic safety and local
road maintenance.
Effects on local employment The potential effecfs of impro4ed accessibility are
reviewed, particularly in the.contettt of access to new or potential erriployment use"s.
o Effects on developabie resideMial lands.The potential impacts of changes in tra c
flow and accessibility on residential land developmerit,with a focus on areas within the
jurisdiction that are available for redevelopment.
e Effects on developable employment lands.The potential impacts of changes in traffic
flowand accessibility on the development or redevelopment of commercial and
industrial lands.
a Achievement of local policy goals.The alignment of the WSDOT Gateway Program with
local plans and policies.
e Environmental and social benefts. Environmental and social benefits specifically linked
to these projects, including upgrades to pedegrian and cycling infrastructure,and
wetlands and riparian restoration,
The approach and findings of the benefits assessments have been provided to the Local Agency
Partners.
Exhibit A
Auburn Resolution No. 5372 4 5/17/2018
Page 55 of 70
EXHIBIT A
6. Local Jurisdiction Anticipated Confributions to the Program
Based on resultsfrom the benefit assessment described in Section 5, contributions for each of
the Local Agency Partners were determined by projecYstage in the tables below. Following
execution of this MOU, interlocal agreements will be drafted for subsequent approval.
Anticipated contributions only become binding c.ommitments when embedded in interlocal
agreements,and the conditions thereirrare approded by the proposed funding entity. Interlocal
agreements between WSDOT and the respective Local Agency Par[ner must be in place fora
project prior to issuance of the Request for Proposals(RfP)for any proposed construction
contract.TheJnterlocal agreementswip become binding commitments,within the statutory
authority of the local Agency Partner,and will define the schedule of local match payments
expected over the duration of each cbnstruction project stage.
WSDOT will exercise due diligence to develop and construct each project on schedule wi4hin 4he
Gateway Program to the best of its abilities. Local Agency Partners will participate in project
development reviews and projecY meetings in support of the Gateway Program.
If grant pursuits identified in the Stage i and Stage 2 tables below are not achieved sufficient to
meet-the$130 million local contrib'ution,additional grants will be pursued from the funding
programs listed or from other funding programs tliat may become ayailable over the life of the
Gateway Progrem. If Local Nexus Projectrgo to construction without planned grants,fhe Local
Agency Partner match funds will still be provided by agreement with WSDOT.: If it is determined
that a Local Nexus Project cannot be fully funded,WSDOT will review options w'ith the Executive
Committee. Ifan o cial decision is defermined by the Executive Committee and the 5ecretary
of Trensportation that the Local Nexu's Project is not to be included in a construction project,the.
Local Agency Partner match may be withdrawn.
Stage 1 GranbPursuits for Local Nexus Projects
Pra ect; Eskimated ;F[e t ing ;,r it'ar:get i"0 rget,pue Ar ti4 Pated; LaCal gepc t haRne`Nexus!
Constructton :Progra t; > AmnarhE Ma/X ed, Coc l'Ct7pn Fa y er `
OSY. ... .;_
u ..<<., ls:
m . .,,t...... ____...__rP@1]6t[[Ke:. ., .;.M tCh .'.... ... .: . ..... _ .'";
70'h-Avenue 32,245;600 FN1518 5,000,000 Mar 2018 2019 2021 800,000 Fife
E/Interurban 5500,000 Tacoma
Treil 3,000,000 Port of Tacoma
TIB 5,000,000_ Aug2018 2019-2021
State 1,400,000 Mar 2018 2019-2021 Fife
Capital &
Trenspor
tation
Veferans 33,800,000 PSRC 4,500,000 Apr 2018 2021-2025 1,000,000 Kent
Drive/SR516
Interchange TIB 5,000,000 Aug 2020 2b21-2025 1,Ob0,Ob0 ICent
SeaTacAccess 5176,883,500 PSRC 4,500,000 Apr2018 2021-2025 2,000,000 SeaTac(ROLV
in lieu)
500,000 Des Moines
Ezhibit A
Auburn Resolution No. 5372 5 5/17/2018
Page 56 of 70
IXHIBIT A
Port of Tacoma 5323,042,000 PSRC 4,500,000 Apr 2018 2021-2025 1,500,000 Tacoma
Access/509 3,000,000 Port of Tacoma
Spur 5800,OOQ Fife
FMSIB 5;000,000 Mar2020 2021-2025
AllGateway INFRA 520,000,000• Nov2017 2019-2021
Program
SR 167 Stage 1 Port of Jan 2021 20212025 9,000,000 Port of Tacoma
Tacoma
SR 509 Stage 1 Port of Jan 2021 2021-2025 $15,000,000 Port of Seattle
Seattle expected in
2023-2025)
Total 5tage,l ' - , :, .. 54:90U;000 ' 538;100,000 f,`$93,000,000
Stage 2 Future Grant Pursuits for Local Nexus Projects
Tr
Pro gcF EsHmatad ,funding; 6ranYTarget Target Due Antidpated!. Lawl Agency Partner Nexus:
a v r
Coristrud on ;Progrem, . Ainount Mo/Year. 'k Gonstrudlonj `Partner ` ';' ,.. "
3 . Cost. ,. ._._ t . , u.. . .., F ipeodlturer ,, ,.Match
Meridlan TBD 3,000,000 2022 2026-2030 2,000,000 Puyallup
Avenue
Interchange
Valley Avenue TBD 3,000,000 2022 2026-2030 2,000,000 Pierce County
Interchange
188`"Street TBD TBD 2023 2026-2030 TBD
Interchange
improvements
SR 167 Stage3 TBD 54,000,000 2022 2026-2030 5500,000 Edgewood
ROW in lieu)
500,000 Sumner
Port of Jan 2026 2026-2030 $15,000,000 Port of Tacoma
Tacoma
SR 509 Stage 2 7BD 54,000,000 2024 2026-2030
Port of Jah 2026 2026-2030 $15,000,000 Part of Seatfle
Seattle
t 7V' i ' s I r #a ia l nr i f , , 3 t iii, a'vt G u;nfs e ......1'4td1$L@ 2-2,r. f F d.,.x.+xr. .*?.I.FGI!rit t`4514 000>000 .. lAs. .....Ii.:uue9{t.i Iw# S`3$sSE0 1r1 k`,r"$sOQ4y.0 0;.:
i i
If no INFRA;apply forFHWA BUILD grant for Port:of Tacoma Access(SR 509 Spur)
TBD-grant funding progrem pursuit to be determined in future
7. Terms and Terxnination
7.1. Amendmentt
This WIOU shall be periodically reyiewed and evaluated regarding the need for modifications or
amendments by mutual determination of WSDOT and Local Agenty Partners. Amendments to the
MOU shall be required if program funding assumptions need to be adjusted that affect;he atiility to
construct the identified Local Nexus Projects or the ab'ility to achieve the$130 million local
contribution, $uch amendments shall only be binding if they are in writing and signed by authorized
personnel from all of the Local Agency Partners. Except as set forth in an amendment,the MOU will be.
unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict
Exhibit A
Auburn Resolution No.5372 6 5/17/2018Page 57 of 70
IXHIBIT A
between an amendment and the MOU or any earlier amendment,the terms of the most recent
amendment will prevail.
If there is a conflict between sub3equent Interlocal Agree.ments and the MOU or any earlier
amendment;,the terms of the Interlocal Agreemenfs will prevail.
Changes that do not affect the ability to construct the identifed Local Nexus Project or achieve the
130 million local contribution shall be addressed through the Interlocal Agreement between WSDOT
and the relevant Local Agency Partner.
7.2. Dispute Resolution
Should any signatory to this MOU object at any time to any actions proposed or the manner in
which tHe term"s of;his MOU are implemented,the Executive Committee shall hear the dispute
firSt and if tlie disputant(s)is/are not satisfied with.the Committee's proposed decision,the
Coriimittee will send to the Secretary of Trensportation its proposed solufion and all
documentation relevant to the dispute.The Secreta.ry of Transportation shall provide the
Ezecutive Committee with his/her advic.e on how to resolve the dispute within thirty(30)
calendar days of receiying adequate d.ocumentation. Prior to reaching a final decision on the
dispufe,the Executiye Committee stiall prepare a written response that considers any timely
advice or comments regarding the dispute from the Secretary ofTrensportation,signatories
a'nd other interested parties, and provide them with.a copy of this written response.WSDOT
will then proceed according to this final decision.
7,3 Conditionsfor Termination of Participation
Subject to legislative appropriation and all applicable laws,each signatory shall ensure that the
Gateway Program is carried out in accordance with the termsaf the MOU andsubsequent
Interlocal Agreements.A signatorymay terminate its participation in this MOU if its terms
cannot be met and by providing written notice to the Secretary of Transportation and the
Executive Committee a minimum of 180 calendar days before a projed issues an RFP that relies
on that local agency partner funding:Prior to providing wriften notice terminating
participation, however,the signatories shall consult with WSDOT to determine whether an
amendment to the MOU might be feasible. If a signatory terminates its participation,WSDOT
will then consult with the Execu4ive Committee to determine if project scope elements need to
be removed if contributions are not realized in accordance with this understanding.
8. Period of Agreement.
This MOU will commence on (Julv 1,2018 pr000sed date)and will dissolve when the$130
miilion of lowl contribution have been secured,or when the Local Nexus Prbjects ha48 been
constructed and are complete.
Ezhibit A
Auburn Resolution No. 5372 7 5/17/2018
Page 58 of 70
IXHIBiT A
9. Signatories
Stephen P:,Mefruck Oate
Executive Director
Port of Seattle
Dick Marzano Date
Commissioner
Port of Tacoma
Dow Constantine Date
County Executive
King County
Bruce Dammeier Date
County Executive
Pierce County
Daviii E. Hill Date
Mayor
City of Algona
Nancy Backus Date
Mayor
City of Auburn
Michael Matthias Date
City Manager
City of Des Moines
Exhibit A
Auburn Resolution No. 5372 8 5/17/2018Page 59 of 70
EXHIBIT A
Daryl Eidinger Date
Nlayor
City of Edgewood
Jim Ferrell Date
Maybr
City of Federal Way
Pat Hulcey Date
Councilmember
Citq of Fife
Dana Ralph Date
Mayor
City of Kent
Stianna S.tyron-Sherrell Date
Mayor
City of Milton
Leanne Guier Date
Mayor
City of Pacific
Kevin Yamamoto Date
City Manager
City of Puyallup
Joseph Scorcio Date
City Manager
City ofSeaTac
Exhibit A
Auburn Resolution No. 5372 9 5/17/2018
Page 60 of 70
EXHIBIT A
William L. Pugh Date
Mayor
Cify ofSumner
Elizabeth A. Pauli Date
City Manager
City of Tacoma
Roger Millar Date
Secretary of Transportation
Washington State Department of Transportation
Exhibit A
Auburn Resolution No.5372 10 5/17/2018
Page 61 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5373 (Bailey)
Date:
May 30, 2018
Department:
M&O
Attachments:
Res olution No. 5373
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5373.
Background Summary:
One Year Contract between Small & Son's Oil and City of Auburn for the supply of gasoline &
diesel.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 4, 2018 Item Number:RES.E
Page 62 of 70
Resolution No. 5 3 7 3
A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AND AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH SMALL
SONS OIL DISTRIBUTION COMPANY FOR FUEL
SERVICES
WHEREAS, the City of Aubum is in need of regular sources of fuel for its municipal
operations; and
WHEREAS, the City sought proposals from qualified fuel service providers; and
WHEREAS, it is to the City's advantage to contract with Small & Sons Oil
Distr'ibution Company, a local supplier of fuel for such services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
1NASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is authorized to negotiate and execute a final
agreement with Small & Sons Oil Distribution Company for fuel services in substantial
conformiry with the Agreement attached hereto, marKed as Exhibit "A" and Incorporated
herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signe.d this day of 2018.
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
Resolution No. 5373
May 30, 2018
Page 1 Page 63 of 70
APP VED S TO FORM:
rnel . i City A o e
Resolution No. 5373
May 30, 2018
Page 2 Page 64 of 70
EXHIBIT "A" [to Resolution No. 5373]
CITY OF AUBURN AGREEMENT
FOR GASOLINE & DIESEL UEL SERVICES
TI-IIS AGREEMENT made and entered into on this day of 20_,by
and between the City of Aubum, a municipal corporation of the State of Washington, hereinafter
referi ed to as "City" and, Small & Sons Oil Distribution Company hereinafter referred to as the
Service Provider."
WITNESSETH :
WHEREAS, the City is engaged in activities which call for the use of gasoline and diesel
fuel; and
WHEREAS, it is advantageous fbt tlie city to enter into a contract for the provision of
such fuel; and
WHEREAS, the City desires to retain the Service Provider to provide fuel services in
connection with the City's work needs; and
WHEREAS, the Service Provider is qualified and able to provide consulting services in
connection with the City's needs for the above-described work/project, and is willing and
agreeable to provide such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1.Scope of Services.
The Service Provider agrees to supply the City with fuel in a good and professional
manner consistent with the tasks described on Exhibit "A" attached hereto and
incorporated herein by this reference. T'he Service Provider shall perform the services as
an independent contractor and sha11 not be deemed, by viriue of this AgrBement and the
performance thereof, to have eritered into any partnership,joint venture, employment or
other relarionship with the City.
2. Cit s Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Service Provider:
a.Pay the Service Provider for the fuel supplied in accordance with City service
payment procedures.
b. Designate in writing a person to act as the Cify's representative with respec,t to the
services. The City's designee shall Have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
c.Arrange for access to the property orfacilities as required for the Service Provider
to perform the services provided for herein.
Page 1 of 6 Page 65 of 70
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepazed by the 3ervice Provider and render decisions regazding such
documents in a timely manner to preverit delay of the services.
3. Acceptable Standards.
1'he Service Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work product and services of a quality and professional
standard acceptable to tHe City.
4. Records Insnection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been imprbperly invoiced, and all records and liooks of
accounts pertaining to any work perfomied under this AgreBment shall be subject to
inspection and audit by the City for a period of up to three (3) years from tlie final
payment for work performed under this Agreement.
5.Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Service Provider agrees that, notwithstanding such dispute or conflict, the
Service Provider sha11 continue to make a good faith effort to cooperate and continue
work toward successful completion of assigned duties and responsibilities.
6. Administration of A?reement.
This Agreement shall be administered by on behalf of the
Service Provider, and by the Mayor of the CiTy, or designee, on behalf of the City. Any
written notices required by the terrris of this Agreeinent sha11 be served on or mailed to
the following addresses:
Citv of Aubum Service Provider
Auburn City Hall Sma11 & Sons Oil
25 West Main Distribution Company
Auburn, WA 98001-4998 Address: 112 3rd St NW
Phone: (253) 931-3000 Auburn, WA 98001
FAX; 253 931-3053 Phone: 2-53 924-0610
7. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and sha11 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 AgrBement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
sectiori of the Agreement.
Page 2 of 6 Page 66 of 70
8.Insurance.
The Service Provider sHall be responsible for maintaining, during the term of tlus
Agreement and at its sole cost and expense, the Types of insurance coverages arid in the
amounts described below. The Service Provider shall fiirnish evidence, satisfactory to
the City, of all such policies. During the term he;eof, the Service Provider shall take out
and maintain in full force and effect the following insurance policies:
a. Commercial General Liabiliry insurance, insuring tlie City and the Service Provider
against loss or damages arisirig from premises, operations, independent contractors
and personal injury and advertising injury. The City shall be named as an insdred
under the Service Provider's Commercial General Liability insurauce policy with
respect to the work performed for the City, with minimuxn liability limits of
1,OOQ000.00 combined single limit for personal injury, death or property damage in
any one occurrence.
b. Such workmen's compensation and other similar insurance as may be reqaired by
law.
c. Professional liability insurance with minimum liability limits of$1,000,000.
d. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coyerage shall be written on Insurance Services Office (ISO) form CA 00
O1 or a substitqte form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
9. Indemnification.
The Service Provider shall indemnify, defend and hold hazmless the Ciry 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 attomey fees, by
any reason of ar arising out of the act or omission of the Service Provider, 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 ofthe City. If
a final judgment is rendered against the City, its officers, agents, employees and/or any of
them, or jointly against the City and the Service Provider and their respective of icers;
agenfs and exriployees, or any of them, the Service Provider shall satisfy the same to the
extent that such judgment was due to the Service Provider's negligent acts or omissions.
10. Assignment•
Neither pacty to this Agreement shall assigm any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto. No assignfnent or
iransfer of any interest under this Agreement shall be deemed to release the assigrior from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
11. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term o.f this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representa6ve(s) and
specifying with particularity flie nature and extent of such amendment, modification or
waiver. Any waiyer by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
Page 3 of 6
Page 67 of 70
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
12. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this Agreement
th=ough no fault of the party terminating the Agreement.
T'he City may terminate this Agreement upon not less than seven (7) days written notice
to the Service Provider if the services provided for herein are no longer needed from the
Service Provider.
13. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided fot
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this AgreBment. T'his Agreement is for the exclusive
benefit of the parties hereto and it doe.s not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
14. Costs to Prevailing Partv.
In the event of such litigation or cjther legal action, to enforce any riglits, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled to rec.eive its
reasonable costs and attomey's fees. Any such litigation or action shall be govemed by
the interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in King County, Wasl ington.
I5. Entire A reement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
IN WI1'NESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN SERVICE PROVIDER
Nancy Backus, Mayor Name:
Title:
Attest:
Danielle E. Daskam City Clerk
Page 4 of 6 Page 68 of 70
Appmved as to form:
Daniel B. Heid, City Attorney
Page 5 of 6 Page 69 of 70
EXHIBIT "A"
GASOLINE 8 DIESEL FUEL SUPPLY SERVICES
Small & Son's Oil shall supply th:e City of Aubum with gasoline and diesel fuel for the period of 1 yea.
Starting May 1, 2018 and ending Aprii 30, 2019. The agreement may be extended for additional years
upon mutual agreement of both parties.
Small &Son's Oil will furnish top quality gasoline and diesel manufactured from major oil companies .
Pricing will be firm and fixed for the duration of the agreement. Fuel Prices change on a daily basis but
tFie fixed margin will remain the same. The pricing will be based on Phillips 66 Renton Unbranded Rack
price plus margin that includes deliyery fees. We will attach a rack cost sheet for each delivery fo show
the proper margin was applied for audit purposes.
The margin for truck and trailer deliyeries (8000 gallons Gasoline, 6500 gallons Diesel-or more)will be
four and a half cents perlgallon (.045).
The margin for generation sites will depend on the amount of gallons delivered:
Gallons Delivered Price for Fuel
Daily Cost+ Margin
0 to 150 Rack Price+$1.50
151-250 Rack Price+$1.25
251-400 RackPrice+$.50
401- 550 Rack Price+$.40
551-750 Rack Price+$.35
751-950 Rack Price +$.z5
951-1150 RackPrice+$.22
1151-1450 RackPrice +$.20
Page 6 of 6 Page 70 of 70