HomeMy WebLinkAbout05-06-2019 CITY COUNCIL AGENDACity Council Meeting
May 6, 2019 - 7:00 P M
City Hall Council Chambers
AGE ND A
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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 IO NS
A.P ublic Works Week P roclamation
Mayor B ackus to proclaim May 19-25, 2019 as Public Works Week in the city of
A uburn.
B.A ffordable Housing Week P roclamation
Mayor B ackus to proclaim May 13-17, 2019 as "A f f ordable Housing Week" in the city
of A uburn.
I I I .AP P O INT M E NT S
A.S alary C ommission
C ity C ouncil to conf irm the appointment of K ristin S mall to the S alary Commission for a
four-year term to expire December 31, 2022.
(Recommended Action: M ove to approve the appointment to the Salary
C ommission.)
I V.AG E ND A M O D I F IC AT I O NS
V.C I T I ZE N INP 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 P articipation
Thi s i s the place on the agenda where the public is invited to speak to the City
Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form
provi ded.
C .C orrespondence - (T here is no correspondence for Council review.)
V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S
C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council
Page 1 of 80
C ommittees' progress on assigned tasks and may give their recommendation to the
C ity Council, if any.
1.F inance A d Hoc Committee (Chair Wales)
V I I .C O NS E NT AG E ND A
All matters l isted on the Consent Agenda are considered by the City Council to be
routine and wi ll be enacted by one moti on in the form listed.
A.Minutes of the March 25, 2019, A pril 8, 2019 and April 22,
2019 S tudy S essions
B.Minutes of the A ugust 16, 2016 and A pril 15, 2019 Special C ity
C ouncil Meetings
C .Minutes of the A pril 15, 2019 Regular Council Meeting
D .C laims Vouchers (C oleman)
C laims voucher list dated May 6, 2019 which includes voucher numbers 453359
through 453597 in the amount of $1,471,748.49 and six wire transf ers in the amount of
$789,310.71.
E.P ayroll Vouchers (Coleman)
P ayroll check numbers 538422 through 538442 in the amount of $578,111.75,
electronic deposit transmissions in the amount of $2,153,537.51 f or a grand total of
$2,731,649.26 for the period covering A pril 11, 2019 to May 1, 2019.
F.S etting P ublic Hearing Date f or F ranchise A greement #19-09
(Gaub)
C ity C ouncil to set a public hearing f or F ranchise A greement No. 19-09, granting
Fatbeam, L L C , a Washington L imited L iability C ompany, a f ranchise f or
telecommunications and related services
G.P ublic Works Project No. C P 1719 (Gaub)
C ity C ouncil to award Contract No. 19-08, to S ource Electric, L L C on their low bid of
$273,000.00 plus Washington S tate sales tax of $27,300.00 f or a total contract price
of $300,300.00 for Project No. C P 1719, S ewer P ump S tation Telemetry
I mprovements
H.P ublic Works Project No. C P 1829 (Gaub)
C ity C ouncil to award Contract No. 19-07, to C P M Development Corporation D B A
I C O N Materials on their low bid of $838,078.30 for Project No. C P 1829, 2019
C itywide P atch and Overlay P roject
(RE C O M M E ND E D AC T IO N: M ove to approve the C onsent Agenda.)
V I I I .UNF I NI S HE D B US I NE S S
I X.NE W B US INE S S
X .RE S O L UT IO NS
Page 2 of 80
A.R esolution No. 5418 (Gaub)
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to accept and expend F ederal Grant F unds to be administered through a L ocal
A gency A greement with the Washington S tate Department of Transportation f or the
A uburn Way S (S R 164) Curve S af ety I mprovements P oplar S treet S E (MP 2.97)
Vicinity
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5418.)
B.R esolution No. 5423 (Hinman)
A R esolution of the City Council of the C ity of A uburn, Washington, approving the
L odging Tax Grant disbursements recommended by the A uburn L odging Tax A dvisory
C ommittee
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5423.)
C .R esolution No. 5421 (Gaub)
A R esolution of the City Council of the C ity of A uburn, Washington, setting a public
hearing to consider the vacation of right-of -way of a portion of B Street S E , south of
2nd S treet S E, within the City of A uburn, Washington
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5421.)
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 ti me the Mayor and City Council may report on significant i tems associated with
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
B.Fr om 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 revi ew
at the City Clerk's Office.
Page 3 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the March 25, 2019, April 8, 2019 and April 22,
2019 Study Sessions
Date:
April 18, 2019
Department:
Administration
Attachments:
03-25-2019 Minutes
04-08-2019 Minutes
04-22-2019 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 6, 2019 Item Numb er:CA.A
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City Council Study Session Muni
Serv ices S FA
March 25, 2019 - 5:30 P M
City Hall Council Chambers
A GE NDA
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I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:31 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, Claude
DaCorsi, J ohn Holman, Yolanda Trout-Manuel and L argo Wales.
Councilmember L arry B rown was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: Assistant City Attorney Kendra Comeau, Director
of P ublic Works I ngrid Gaub, Director of Finance Shelley Coleman,
Director of Parks and Recreation Daryl Faber, Assistant Director of
E ngineering J acob Sweeting, Human Resources and Risk Management
Candis Martinson, Director of I nnovation & Technology David Travis,
Director of Community Development J eff Tate, Director of
A dministration Dana Hinman, Capital and Construction Engineering
Manager Ryan Vondrak, Assistant Director of Public Works Services
Randy B ailey, Project Engineer J effrey B ender, P roject E ngineer K im
Troung, Fleet and General S ervices Manager Tyler Thompson, P olice
Chief Bill P ierson, P olice Commander S teve Stocker and Deputy City
Clerk Teresa Mattingly.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There was no announcement, report or presentation.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No.6712 B A #1 (Coleman)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
Ordinance No. 6693, the 2019-2020 B iennial Operating Budget ordinance, authorizing
amendment to the City of A uburn 2019-2020 budget as set forth in schedule “A ” and
schedule “B”
Director Coleman reviewed B udget A mendment No. 1 for the 2019-2020
budget and discussed funds carried over from 2018, new grant revenues,
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new funding requests and projects that are from the General F und.
Council discussed when projects would start and funding distribution.
Director Gaub advised Council the funding will be distributed as projects
move forward, they are currently under design and intend to go to
construction soon. Council also discussed the potential budget deficient,
new funding requests, projects that come out of the General Fund, the
cost of having the A uburn magazine published with an outside vendor,
potential areas for staffing and project cuts and the option of delaying
projects.
Chief Pierson explained the benefits of implementing the Electronic
Ticketing System, and it was funded inpart with revenue accrued from
Traffic School. Mayor B ackus advised Council the A uburn magazine is
designed in house, Council needs to determine their budget priorities
and she stated there is a potential of a budget short fall if the City does not
increase revenue based on the City's growth.
B .4th Quarter 2018 F inancial Report (Coleman)
Director Coleman reviewed the 4th Quarter 2018 Financial Report,
expenditure increases and decreases, General Fund revenues, P-Card
statistics and the investment portfolio.
Council discussed non-departmental funding, how P -Cards are monitored
and the cost of replacing batteries for golf carts versus replacing golf carts.
Councilmember Wales requested S C O R E fees, and the amount being
spent on homelessness and wellness.
Director F aber advised Council that the cost of a golf cart is $4500,
batteries are $900, the average use of a golf cart is six years with an
average revenue of $150,000.
C.E lectric Vehicle Update (Gaub)
Deputy Mayor Peloza called for a 10 minute recess at 7:12 p.m. the
meeting reconvened at 7:21 p.m.
A ssistant Director B ailey and F leet Manager T hompson discussed
replacing the A dministration's Prius cars with the Chevy Volt, charging
stations, their locations, the key management system, vehicle
reservations, and the key box location.
Council discussed how the charging stations work and they can only be
used by City vehicles.
D.P arks L evy (P eloza)
Discussion of County E xecutive Constantine's proposed Parks L evy
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Deputy Mayor Peloza moved I tem "D" P arks L evy before I tem
"C" E lectric Vehicle Update.
Deputy Mayor Peloza introduced King County Councilmember Claudia
B alducci, Bob B urns with K ing County Department of Natural Resources
and P arks, and Heidi K andathil with K ing County Parks and provided a
summary of the proposed P arks L evy renewal.
Councilmember B alducci reviewed the proposed Parks L evy Renewal for
2020-2025 Ordinance 2019-0084, which would place a proposition on the
A ugust 6, 2019 ballot authorizing a six year, $738 million property tax levy
to support parks and to acquire and maintain open spaces. She also
discussed planned funding, investments, projects, grants and the current
levy Ordinance 17-0568. Mr. B urns explained how trails will be funded for
improvements.
Council discussed how millage rates are calculated, grants, competing
interests, projected investments, and how much the City of A uburn
receives from the current levy.
Director F aber advised Council the City receives approximately $160,000
per year from the current P arks L evy and stated the changes made with
K ing County in the last month will be beneficial to the City, but stated
his concerns about the decrease for open space acquisition from $35
million to $25 million.
I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .P lastic B ag B an (Tate)
Councilmember DaCorsi presided over the Public Works and Community
Development section of the meeting.
Director Tate discussed the single use plastic bag ban, the status of the
Washington State L egislature's review of the law, types of bags that can
and cannot be allowed, exemptions, the law would go into effect on J uly 1,
2019, enforcement is complaint based with potential fines of $250, and the
$0.08 fee requirement on recycled content paper carryout bags which
covers the grocery stores cost of the bags.
B .Capital P rojects S tatus Report (Gaub)
Manager Vondrack and E ngineer Troung presented Council with the
Capital P roject S tatus Report. Manager Vondrack reviewed the status of
the 39 active Capital P rojects and upcoming Capital P rojects. Engineer
Troung provided an update on the A S treet S E Corridor and discussed the
importance of the preservation program.
Councilmember Wales thanked the Parks Department for the work they
have done on the A Street corridor hedge and Councilmember DaCorsi
asked about the status of the A irport project, which Manger Vondrak stated
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construction is projected to start summer of 2019 and would increase the
runway to 3841 feet.
C.Utility Undergrounding Code Revisions - Ordinance No. 6713 (Gaub)
A ssistant Director S weeting discussed the Utility Undergrounding Code
revisions, requirements, exemptions and conversions of existing aerial
systems, the benefits of doing the conversion by the City, aerial service
exclusions and financial responsibilities.
Council discussed the cost to residents with the code revision and the
option of having all lines on the right away underground. Director Gaub
advised Council that some of the lines are transmission lines and cannot
be underground.
V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A .2018 I nspectional Services Reports (Pierson)
P olice Commendations, I nquiries and I nvestigations, and Use of Force Analysis
Chief Pierson and Commander Stocker reviewed the 2018 I nspectional
S ervices Reports, C I A Summary, commendations, internal investigations,
supervisory inquiries, allegations, collisions, corrective action for collisions,
combined discipline, use of force comparison, force types, effective
versus non effective force types, force used resulting in injury, force
incidents, time of day, reason for use of force, and biased based policing
analysis.
Council discussed the possible causes for the increase in the number of
incidents in 2018.
Councilmember Wales requested data on repeat offenders and types of
crimes they are committing.
Chief Pierson said they would look at that data and get back to Council.
B .P arks and Recreation Update (F aber)
Director F aber provided Council with a Parks and Recreation update and
reviewed the organizational structure, the number of full time employees,
community events, benefits of the parks, services and funding structure,
general fund expenditures, recreation programs, facility rentals, and parks
maintenance. He also discussed the City of E verett's parks maintenance
study, what A uburn has done to maintain costs, potential sites and funding
for the Peter B. L ewis P ark, 104th S treet/Green River P ark, J acobsen
Tree F arm Park, and the A rts and Culture Center including: A uburn
A lleyway Project and the Auburn Avenue T heater.
Council asked how many special need residents use City services and
how Earth Day can be used for potential projects. Director Faber advised
Council he did not have an exact number of special need residents using
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City services, he will provide Council the data when it is available.
V I .O T HE R D I S C US S I O N I T E MS
There was no other discussion items.
V I I .NE W B US I NE S S
There was no new business.
V I I I .MAT R I X
A .Matrix
Council discussed the matrix and requested item number 9 be updated to
ongoing and added E mergency Management Training with the date to be
determined.
I X.A D J O UR NME NT
There being no further discussion, the meeting adjourned at 8:49 p.m.
A P P R O V E D this 6th day of May, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 9 of 80
City Council Study Session Community
Wellness Special F ocus Area
April 8, 2019 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
A .Roll Call
Councilmembers present: Deputy Mayor Peloza, B ob Baggett, L arry
B rown, Claude DaCorsi, J ohn Holman, Yolanda Trout-Manuel and L argo
Wales.
Mayor Nancy Backus and the following directors and staff were in
attendance: Director of P ublic Works I ngrid Gaub, A irport Manager Tim
Mensonides, Director of I nnovation and Technology David Travis,
A ssistant City A ttorney Doug Ruth, Chief Prosecutor Harry B oesche,
P olice Commander Dave Colglazier, Detective Charlene Hoch, Director of
Finance Shelley Coleman, Director Community Development J eff Tate,
Community Services Manager J oy S cott, Economic Development
Manager Doug L ein, E conomic Development Coordinator Tonya Carter
and City Clerk S hawn Campbell.
I I .A NNO UNC E ME NT S R E P O RT S A ND P R E S E NTAT I O NS
There were no announcements, reports of presentations.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .A irport Advisory B oard 2019 Work P lan and General Update (Gaub) (15 Minutes)
(5:35 p.m.)
Director Gaub, Chair of the A irport B oard Deana Clark and A irport
Manager Tim Mensonides presented Council with the 2019 Airport Board
Work and an update on the A irport.
Manager Mensonides updated Council on the transition of bringing the
A irport in-house from the outside vendor. He also shared information about
A irport Appreciation Day and invited Council to attend.
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Ms. Clark presented Council with the A irport B oard work plan. S he
explained the composition review, the economic development update, the
A irport marketing plan, proposed A irport zoning updates, long term capital
and financial assessment and the Airport Board strategic plan.
Council asked about capital projects in progress and upcoming, the zoning
update and the runway extension.
B .E conomic Development S trategic Plan Update (Hinman) (60 Minutes) (5:50 p.m.)
Manager L ein introduced J eff Marcell from T I P S trategies, L anzi L i from
Hartland and A aron Farmer from Retail Coach.
Mr. Marcell provided Council a brief history of their work with the City.
He stated the City is two years into the ten year E conomic Development
P lan. He reviewed the components of the plan, the R F P and the
schedule for creating the 10 Year Economic Development Plan.
Mr. F armer presented Council with the 2019 Retail Market A nalysis and
the Retail Gap A nalysis.
Council discussed the need to replace businesses like Rottels and
Nelsons J ewelry, the reasons for large department stores downsizing or
closing, the convenience of online shopping, the best place to focus future
retail business and ideas to improve the Auburn Way S outh corridor.
Ms. L i reviewed the market and development assessment update and the
market capacity analysis.
Mr. Marcell provided Council with the progress on the 10 Year Economic
Development Plan, highlights and a scorecard for the 10 Year Economic
Development Plan and the A uburn E conomic Dashboard.
Deputy Mayor Peloza called a 10 minute recess at 6:58
p.m. The Meeting reconvened at 7:10 p.m.
I V.C O MMUNI T Y W E L L NE S S D I S C US S I O N I T E MS
A .S undown and Ray of Hope Update (Hinman) (20 Minutes) (6:50 p.m.)
A n update from Debbie Christian of the Auburn F ood B ank on the homeless sheltering
and response.
Councilmember Trout-Manuel presided over the Community Wellness
section of the meeting.
Debbie Christenson, E xecutive Director of the Auburn F ood B ank,
presented Council with an update for the Ray of Hope shelter.
Council asked about participants cleaning up around the City, the One
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Night Count, the clients from Ray of Hope, the A uburn food bank, the
S undown Overnight Shelter, participants with medical needs, treatment
facilities, assistance with housing deposits and assistance for veterans.
B .C D B G Consolidated Plan Overview (Tate) (30 Minutes) (7:10 p.m.)
Director Tate introduced Community S ervices Manager J oy Scott and
Valarie K endall and I saac Horwith from King County Department of
Community and Human S ervices.
Manager Scott presented Council an update on the Community
Development Block Grant (C D B G) Consolidated P lan. The City of
A uburn's plan is linked with K ing County, the City of Federal Way, the City
of K ent and the City of B ellevue. S he reviewed the Consolidated P lan
timeline and next steps to complete the plan. She also reviewed how the
City is required to develop the 2020-2024 Consolidated P lan.
Ms. K endall explained what the Consolidated Plan entails, who the grant
funds benefit, the HUD funding and K ing County Consortium grants.
Council discussed the allocations for 2019, permitting required for
projects, entitlement program and where the content of the P lan comes
from.
Mr. Horwith reviewed the analysis of impediments to fair housing choices.
C.Domestic Violence Update (Pierson/Gross) (10 Minutes) (7:40 p.m.)
Chief Prosecutor B oesche and Detective Hoch presented Council with a
Domestic Violence update.
Detective Hoch shared with Council what is considered domestic violence
and a couple of sample cases.
Chief Prosecutor B oesche provided Council with a typical sequence of
events for the prosecutors office on a domestic violence case.
Council discussed the difference between a felony, a gross misdemeanor
and a misdemeanor, the City's conviction rate, possible reasons for a
J udge to deviate from the prosecutors recommendations, King County
prosecutors prosecution rate and if the time of year shows an increase in
assaults.
V.O T HE R D I S C US S I O N I T E MS
There were no other discussion items.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
Page 3 of 4Page 12 of 80
A .Matrix
Council discussed the Matrix and no items were added.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting was adjourned at 8:42 p.m.
A P P R O V E D this 6th day of May, 2019.
____________________________ ___________________________
B I L L P E L O Z A , D E P UT Y MAYO R S hawn Campbell, 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 4 of 4Page 13 of 80
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
April 22, 2019 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi, J ohn Holman, Yolanda Trout-Manuel and L argo
Wales.
Mayor Nancy Backus and the following department directors and staff
members were present: Assistant City Attorney Kendra Comeau, Director
of Administration Dana Hinman, Director of Human Resources & Risk
Management Candis Martinson, Director of Public Works I ngrid Gaub,
Director of Parks & Recreation Daryl Faber, Director of I nnovation &
Technology David Travis, Director of Community Development J eff Tate,
A ssistant Director of E ngineering J acob Sweeting, Right-of-Way
S pecialist Amber P rice, Senior Transportation P lanner Cecile Malik, Real
P roperty Analyst J osh A rndt, S enior Traffic E ngineer J ames Webb,
P lanning S ervices Manager J eff Dixon, Police Commander Daniel O'Neil,
and Deputy City Clerk Teresa Mattingly.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .Racial E quity P resentation (Martinson)
Director Martinson introduced B ernardo Ruiz with Racing to E quity. Mr
Ruiz reviewed the Racial Equity and Social J ustice Program proposal
previously presented to Council. Director Martinson discussed revisions to
the work plan including: education, creating an E quity Team, and the
timeline for implementing training with the Management Team and Council.
Mr. Ruiz discussed the importance of developing trust with the L eadership
Team to advance racial equity and the benefits of the program including:
increasing education level, increasing jobs, increased revenue, reducing
liability risks and reducing inequities that have been produced by city
Page 1 of 5Page 14 of 80
governments.
Council discussed their excitement around implementing the Racial Equity
and S ocial J ustice P rogram in the City of A uburn and the importance of
moving forward with the program. Council wants to ensure the program
will be all-inclusive for residents with disabilities, gay and lesbian groups,
veterans and the elderly. T hey also discussed the City's budget, the cost
of the program for the City and staff, add campaigns and the contract term.
Director Martinson advised Council that with the revisions on the initial
proposals for 2019 the cost has been decreased from $150,000 to
$98,000 and in year two of the plan the cost has been decreased from
$199,000 to $179,000.
Mayor Backus discussed Councils decision to call Auburn a Welcoming
City, the importance of spending money to ensure everyone feels
comfortable calling Auburn home and the potential return on the
investment.
Councilmember Wales requested a statement of work to show what is
planned for the 2021 and 2022 budget, what percentage of the curriculum
is spent on gender, ethnicity, veterans, and people with disabilities, she
also requested a copy of the curriculum be provided to Council, asked how
much staff time will be required over the next four years and what models
have been looked at in relationship to this type of service.
Director Martinson advised Council that the investment for 2021 will be
$130,000, with the proposed focus on working with the community. The
cost for 2020 is still unknown, the intent is to use a consultant for the first
year to develop the program and then have a full time employee to
administer the program after that.
Mr. Ruiz advised Council that the curriculum has been developed using
National Best P ractices and will be provided to the Mayor and Council by
next Monday. The intent is to enhance staff skills and knowledge, not to
take people away from their work, first year would include 48 hours of
training over six days for the Mayor's cabinet and directors.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .R P G P roperties - I ntroduction of I nland Construction (Tate)
I nland Construction to inform Council of potential acquisition of R P G property
Director Tate introduced J ohn Fisher and Scott Morris from I nland
Construction and reviewed I nland's interest in purchasing the former Valley
6 Drive I n property from Robertson P roperties Group (R P G), their request
to amend City Code and the existing Development Agreement adopted
under Resolution No. 4756, the benefits and challenges of amending the
Code, the agreement, and the anticipated change in the regulatory
floodplain maps in 2020 by F E MA.
Page 2 of 5Page 15 of 80
Mr. Morris thanked Director Tate, Manager Dixon and City A ttorney Gross
for meeting with them and discussed their current developments,
amending the current Development A greement and the obstacles of
developing under the current agreement. Mr. F isher discussed their vision
to develop the property including: 500 units of housing, the creation of
development ready commercial and retail pads, public infrastructure
improvements which include extending I Street. T hey plan to focus on
indoor amenities including: a business center, theater, indoor playground,
fitness center, sport courts, pool, outdoor amenities including: a trail
system, community gardens, and a venue for a possible farmers market or
food trucks. Mr. Morris also discussed their need to close on a contract
agreement and be in construction by the end of 2019 and they are asking
for Councils interest to proceed with this project.
Councilmember Holman left the study session at 6:37 p.m.
Council discussed the potential residential development, if the 500
residential units will be a mix of rentals and privately owned units, the
impact on local schools, the option of having an area for pets, the
cost difference between horizontal mixed use construction versus vertical
mixed use construction, the impact to the F E MA F lood P lan Z one and
potential commercial properties.
Mr. F isher advised Council that the cost is 40 to 50 percent more
for vertical mix use construction then it is for horizontal mixed use
construction and that the first 500 residential units will be rentals. Director
Tate stated that I nland Construction is currently working with F E MA to do a
map adjustment on the F E MA flood plan zone.
B .Discuss Draft Ordinance No. 6714 for R O W Vacation #V 2-18 (Gaub)
S pecialist P rice presented Council with an update on draft Ordinance No.
6714 for R O W Vacation #V2-18, discussed the application, and advised
Council the City staff has determined that the right-of-way is not necessary
to meet the needs of the City and could be vacated. T he next step is the
P ublic Hearing scheduled for May 20, 2019.
C.2020-2025 Transportation I mprovement Program Annual Update (Gaub)
E ngineer Webb provided Council with an update on the 2020-2025
Transportation I mprovement P rogram (T I P) and discussed current and
projected projects, projected funding and next steps.
Deputy Mayor Peloza asked if there is going to be a roundabout at 104th
S treet.
E ngineer Webb said they are working on the corridor study which includes
that intersection, staff does not know at this time if a roundabout will be
included.
Page 3 of 5Page 16 of 80
D.Tenant P rotection L aws and P rograms (Tate)
Director Tate combined the presentation for the Tenant Protection L aw
and P rograms and the Multifamily Property Programs with Council
approval.
Director Tate discussed the L andlord Tenant Act, the Manufactured Mobile
Home L andlord Tenant A ct, City of A uburn protection laws, the
I nternational P roperty Maintenance Code, public nuisance regulations,
mobile home closure regulations, tenant and landlord responsibilities, and
what other cities are doing including: mandatory proactive inspection
programs, longer notification periods for rent increases, adopting "just
cause eviction" regulations, longer notification period for landlords to notify
a tenant to vacate, just cause ordinances designed to protect tenants from
retaliatory decisions of landlords to evict a tenant, developing a "tenant
relocation assistance" program, and possible adoption of a Healthy
Housing Standards.
Director Tate also reviewed the Multifamily P roperty P rograms and
I nspections and advised Council there are approximately 460 properties
with approximately 12,000 dwelling units that qualify as Multifamily
properties and 552 single family homes that currently hold a rental housing
license. He discussed the laws and programs that regulate multifamily
properties in the City of A uburn including: the rental housing license
requirements, the Auburn Police Department Community Response Team
(C RT ), the Safe A uburn For Every Residence (S A F E R) program, and
reviewed what other cities are doing regarding multifamily inspection
programs.
Council discussed if there are any areas in the City that are unsafe, if the
S A F E R program is available to manufactured/mobile home communities,
the inspection requirements and if they are mandatory, enforcement
regarding discrimination, if landlords are required to go through the training
prior to being issued a business license, and if the City can enforce rental
leases. Council also discussed having another presentation to go over the
pros and cons of the inspection process.
Director Tate advised Council that there are 10 or 12 properties that they
visit more often due to ongoing safety issues, the S A F E R program is not
required for manufactured/mobile home communities but it is available to
them, there is enforcement and resources available regarding tenant
discrimination, training is not required prior to obtaining a rental business
license but it is a condition of retaining the license, and that lease
agreements are between the tenant and the landlord and cannot be
enforced by the City. He also advised Council that the City does not
do mandatory inspections, but every 5th year an inspection must be done
to stay in the S A F E R program.
Page 4 of 5Page 17 of 80
E .Multifamily Property Programs (Tate)
S ee I tem "D" above.
I V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
V.O T HE R D I S C US S I O N I T E MS
There was no other discussion.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Council discussed the Matrix and requested an update from Animal
Control and information on Mandatory Housing I nspection P rotocol.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting was adjourned at 8:04p.m.
A P P R O V E D this 6th day of May, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 18 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 16, 2016 and April 15, 2019 Special City
Council Meetings
Date:
April 23, 2019
Department:
City Council
Attachments:
08-16-2016 Minutes
04-15-2019 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 6, 2019 Item Numb er:CA.B
Page 19 of 80
Special City Council Meeting
August 16, 2016 - 2:30 PM
Annex Conference Room 2
MINUTES
I.CALL TO ORDER
Mayor Nancy Backus called the special meeting to order at 2:37 p.m. in the
Annex Conference Room No. 2 at 1 East Main Street in Auburn. The
purpose of the meeting was to discuss the 2017-2018 General Fund and
2017-2018 All Other Funds (Non General Fund).
II.DISCUSSION ITEMS
A.2017-2018 General Fund
Director Coleman provided an update on the Council Budget Review
Process, the projected budget for 2017-2018, General Fund Revenues,
General Fund Expenditures, financial goals, reserve policies, and the
organizational chart. Director Coleman also reviewed the budget for the
Finance department and discussed the GFOA and WFOA awards, a new
vendor for utility bill printing and the new format for utility bills, a new cash
receipting program, non-departmental funds including: REET funds for
various capital projects, bridge railing repair, park enhancements, City Hall
roof and exterior repairs, traffic calming improvements, public arts,
implementing a new solid waste contract in 2018, street sweeping costs
have been moved to storm drainage and King County announced tipping
fees will increase in 2017.
Director Hinman presented the budget for the Mayor, City Council, Junior
City Council, Emergency Management, Communications, Economic
Development, Facilities, Human Services, Multimedia and Community
Services.
Mayor Backus called for a 5 minute recess at 3:50 p.m. the meeting
reconvened at 3:55 p.m.
Director Roscoe presented Council with the budget for the Human
Resource department and discussed their accomplishment, the Halogen
system, the Well City Award and reviewed WCIA assessment, Labor and
Industries claims, costs for public defenders, King County Court
professional charges and electronic home monitoring.
City Attorney Heid reviewed the Legal department’s budget and is
requesting one additional prosecutor. Director Haugen provided an update
on organizational changes, taking one system administrative assistant and
Page 1 of 2Page 20 of 80
moving them to the Police Department, internal promotions including
Ashley Riggs to Assistant Director of IT, and restructured network
engineering under one manager.
Director Haugen also discussed City wide security awareness training, IT
highlights and goals including: new drone program, Socrata open
government program, cyber security support, broadband expansion,
customer relationship management system, and centralized cash receipting
software.
Council discussed the budget for the Sister Cities program, total budget
costs for all departments, additional funding for the Leadership Institute,
Human Services contracts, the option of establishing a Veteran's court,
tuition reimbursement, pet licensing fees and the contract with Pet Data.
B.2017-2018 All Other Funds (Non General Fund)
See item "A" above.
III.ADJOURNMENT
There being no further discussion, the meeting adjourned at 5:40 p.m.
APPROVED this 6th day of May, 2019.
_____________________________ ____________________________
NANCY BACKUS, MAYOR Shawn Campbell, 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 2 of 2Page 21 of 80
Special City Council Meeting
April 15, 2019 - 6:00 P M
City Hall Council Chambers
MINUT E S
I .C AL L T O O RD E R
Mayor B ackus called the meeting to order at 6:00 p.m. in the C ouncil
C hambers of A uburn City Hall, 25 West Main Street in A uburn.
A.Roll Call
C ouncilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, C laude D aCorsi, and J ohn Holman. C ouncilmembers Yolanda
Trout-Manuel and L argo Wales were excused.
D epartment directors and staff members present included: C ity A ttorney
S teve G ross, D irector of Finance S helley Coleman, Director of Public
Works I ngrid Gaub, Director of P arks, A rts and Recreation D aryl F aber,
D irector of Administration Dana Hinman, D irector of Human Resources
and R isk Management Candis Martinson, A ssistant F inance D irector K evin
Fuhrer, I T Customer Support Manager Reba S towe, Development
S ervices Manager J ason Krum, A ssistant Police Chief Mark Caillier, C hief
of P olice B ill Pearson, and Deputy City Clerk Teresa Mattingly.
I I .D I S C US S IO N IT E M S
A.C ouncil P riorities f or B udgeting
C ouncil discussed their budget priorities including the police department,
creating an annual contingency budget to fund capital projects, such
as: construction of a new J ustice C enter, P ublic S afety B uilding and
replacing C ity Hall, the importance of services to protect the public,
addressing homelessness, emergency services, community and human
services, housing, government operations, street maintenance, basic park
maintenance, how grant funds should be spent, disbanding the blue ribbon
committee, maintaining the current level of f ull time employees through
2024, limiting new staf f , and reducing the administrative staf f in the Mayor's
of f ice. C ouncil also discussed options on how to increase revenue, such
as: a voter approval L evy L id L ift, a warehouse/manufacturing and mini-
storage B usiness and Occupancy (B &O) square foot tax, a gambling tax
modification, an increase in utility taxes and reduce the annual budget by
$.660 million per year with an estimated yield of $3.3 million.
Mayor B ackus advised Council that she and the directors will review
C ouncil's priorities and meet again in one to two months. T hey will also
Page 1 of 2Page 22 of 80
present the revenue projections that Director C oleman provided to
the Chambers of Commerce G overnment Affairs Committee and will reach
out to the community and businesses prior to making any decisions.
C ouncilmember D aCorsi requested for the inf ormation compiled by
D irector Coleman on reduction in revenue needs to be made available to
the public.
I I I .AD J O URNM E NT
There being no further business to come bef ore the Council, the
meeting adjourned at 6:41 p.m.
A P P R O V E D this 6th day of May, 2019.
_______________________ ____________________________
NA NC Y B A C K US , MAYO R Teresa Mattingly, D eputy 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 revi ew
at the City Clerk's Office.
Page 2 of 2Page 23 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 15, 2019 Regular Council Meeting
Date:
April 23, 2019
Department:
City Council
Attachments:
04-15-2019 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 6, 2019 Item Numb er:CA.C
Page 24 of 80
City Council Meeting
April 15, 2019 - 7:00 P M
City Hall Council Chambers
MINUT E S
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hours after the meeting has concluded.
I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn
and led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi, and J ohn Holman. Councilmembers Yolanda
Trout-Manuel and L argo Wales were excused.
Department directors and staff members present included: City Attorney
S teve Gross, Director of F inance S helley Coleman, Director of Human
Resources and Risk Management Candis Martinson, Director of Public
Works I ngrid Gaub, Director of Administration Dana Hinman, Assistant
Finance Director K evin F uhrer, Development Services Manager J ason
K rum, Real Property A nalyst J osh Arndt, A ssistant Police Chief Mark
Caillier, and Deputy City Clerk Teresa Mattingly.
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
Mayor Backus read and proclaimed A pril 14-20, 2019 as "National P ublic
S afety Telecommunicators' Week" in the City of A uburn.
Colin Mills, Com Room S upervisor thanked the Mayor and Council for
recognizing the Valley Communication Center.
I I I .AP P O I NT M E NT S
There were no appointments.
I V.AG E ND A M O D I F IC AT I O NS
A n updated agenda bill for Resolution No. 5414 was provided to Council
prior to the meeting.
Page 1 of 4Page 25 of 80
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.
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman discussed having a mitigation fee on new developments, a
reasonable fire code, a campaign to prevent forest fires and expressed his
frustration with the City budget.
C.Correspondence
There was no correspondence for Council to review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
Councilmember DaCorsi, vice chair of the Finance ad hoc committee,
reported he and Councilmember Wales have reviewed the claims and
payroll vouchers described on the Consent Agenda this evening and
recommended their approval.
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 April 1, 2019 Special City Council Meeting
B .Minutes of the April 1, 2019 Regular Council Meeting
C.Claim Vouchers (Coleman)
Claim vouchers 453171 through voucher 453358 in the amount of $5,849,849.27 and
one wire transfer in the amount of $486,068.58 dated A pril 15, 2019.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 538399 through 538421 in the amount of $252,854.44,
electronic deposit transmissions in the amount of $1,978,383.44 for a grand total of
$2,231,237.88 for the period covering March 28, 2019 to April 10, 2019.
E .P ublic Works P roject No. C P 1725
A pprove Change Order No. 1 in the amount not to exceed $165,878.00 to Contract
Page 2 of 4Page 26 of 80
No. 18-09 for work on P roject No. C P 1725, 2018 Citywide P atch and Overlay P roject
F.P ublic Works P roject No. C P 1802
Award Contract No. 19-01, to McClure and S ons, I nc. on their low bid of $832,159.00
plus Washington State sales tax of $83,215.90 for a total contract price of
$915,374.90 for P roject No. C P 1802, Green River Pump Station Emergency P ower
P roject
Deputy Mayor Peloza moved and Councilmember B aggett seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
X .RE S O L UT IO NS
A .Resolution No. 5414
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an intergovernmental land transfer agreement between the City of
A uburn and K ing County for the transfer of drainage facilities, properties, and
easements and to accept the land transfer
Councilmember DaCorsi moved and Councilmember Brown seconded to
approve Resolution No. 5414.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
B .Resolution No. 5417
A Resolution of the City Council of the City of A uburn, Washington, setting a public
hearing to consider the vacation of right-of-way north of 10th Street NE and east of
A uburn Way North, within the City of A uburn, Washington
Councilmember DaCorsi moved and Councilmember Holman seconded to
approve Resolution No. 5417.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
C.Resolution No. 5420
A Resolution of the City Council of the City of A uburn, Washington, authorizing the City
to apply for and, if awarded, to accept grant funds in the amount of up to $150,000.00
from the Washington S tate Department of Transportation, Aviation Division, to perform
the construction of the A uburn Municipal Airport Runway Enhancement Project for the
A uburn Municipal Airport and authorizing the execution of the grant agreement
therefore
Page 3 of 4Page 27 of 80
Councilmember Holman moved and Councilmember Brown seconded to
approve Resolution No. 5420.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
D.Resolution No. 5422
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to negotiate, execute, and administer the Auburn School District S chool
Resource Officer A greement
Councilmember B rown moved and Councilmember B aggett seconded to
approve Resolution No. 5422.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
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
Deputy Mayor Peloza provided Council with a report on the Howard
Hanson Dam.
Councilmember Holman reported he attended the Puget Sound Regional
Council Growth Management P olicy Board meeting.
B .From the M ayor
Mayor Backus reported she attended a meeting at the Museum of Flight
with Brad Smith from Microsoft and F ormer Governor Chris Gregoire, the
monthly Coffee Hour at Merrill Gardens and Wesley Homes, the
Mayor's J ob I nitiative, threw out the first pitch for the Auburn L ittle L eague
game, met with the Muckleshoot L eadership Team along with Deputy
Mayor Peloza and Councilmember DaCorsi, met with the Executive Board
for S outh King Housing and Homelessness Partnership (S K HHP) and
attended a Management Retreat.
X I I .AD J O URNM E NT
There being no further business to come before the Council, the
meeting adjourned at 7:27 p.m.
A P P R O V E D this 6th day of May, 2019.
_______________________ ___________________________
NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 28 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
May 2, 2019
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claims Vouchers.
Background Summary:
Claims voucher list dated May 6, 2019 which includes voucher numbers 453359 through
453597 in the amount of $1,471,748.49 and six wire transfers in the amount of $789,310.71.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 6, 2019 Item Numb er:CA.D
Page 29 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
May 2, 2019
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 538422 through 538442 in the amount of $578,111.75, electronic
deposit transmissions in the amount of $2,153,537.51 f or a grand total of $2,731,649.26 for
the period covering April 11, 2019 to May 1, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 6, 2019 Item Numb er:CA.E
Page 30 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting Public Hearing Date for Franchise Agreement #19-09
(Gaub)
Date:
April 29, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6715
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Staf f recommends that the City Council set the date of the Public Hearing f or Franchise
Agreement No. 19-09 for Fatbeam, LLC as May 20, 2019, at 7:00.
Background Summary:
Section 20.06.030 of the Auburn City Code Chapter requires the City to hold a public hearing
bef ore granting or denying a f ranchise agreement. Staf f requests that the City Council set the
date of the public hearing f or Franchise Agreement No. 19-09 for Fatbeam, LLC f or May 20,
2019 at 7:00 pm in Council Chambers.
Franchise Agreement No. 19-09, (Draft Ordinance No. 6715) is attached as back-up
documentation. Section 20.06.010 of the Auburn City Code requires a franchise for any
commercial utility or telecommunications operator or carrier or other person who wants to use
public ways of the City and to provide telecommunications or commercial utility services to
any person or area in the City.
Fatbeam, LLC has applied for a Franchise Agreement to be able to construct within the City’s
rights of way a f iber optic telecommunications network. Fatbeam, LLC wants to provide
telecommunications, telephone service, internet access and wide area network connectivity
to education, government, hospitals and other enterprise level customers. They do not
provide residential services.
The initial proposed build-out includes overhead installations on existing utility poles wherever
possible with underground installation being utilized if necessary. The applicant is requesting
the entire City as the proposed franchise area so that they can connect all of their current
customer’s facilities together. Exact locations, plans, engineering and construction
schedules would be reviewed, approved and managed through the City’s permitting
processes that are a requirement of the Franchise Agreement.
Rev iewed by Council Committees:
Page 31 of 80
Councilmember:Staff:Gaub
Meeting Date:May 6, 2019 Item Numb er:CA.F
Page 32 of 80
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 1 of 15
ORDINANCE NO. 6715
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
FATBEAM, LLC, A WASHINGTON LIMITED
LIABILITY COMPANY, A FRANCHISE FOR
TELECOMMUNICATIONS AND RELATED
SERVICES
WHEREAS, Fatbeam, LLC, a Washington limited liability company
(“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive Franchise
for the right of entry, use, and occupation of certain public right(s)-of-way within
the City, to install, construct, erect, operate, maintain, repair, relocate and remove
its facilities in, on, over, under, along or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise; and
WHEREAS, based on the information presented at the public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City and its inhabitants to grant the franchise to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use; Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise
Area, located within the incorporated area of the City. Grantee may locate the
Grantee’s Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Grantee’s
Facilities to provide Grantee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee’s Facilities and Grantee’s Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Grantee’s Facilities and Grantee’s Services, on public or private property
elsewhere within the City.
Page 33 of 80
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 2 of 15
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, rights-of-way, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Grantee acknowledges its use of the Franchise Area will have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee’s Facilities, the City will reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee’s Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area will at all times be
subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties will be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Page 34 of 80
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 3 of 15
Grantee: Fatbeam, LLC
2065 W Riverstone Drive, Suite 105
Coeur d’Alene, ID 83814
Phone: 509-344-1008
E-Mail: regulatory@Fatbeam.com
B. Any changes to the contact information will be sent to the City’s
Right-of-Way Specialist, Public Works Department – Transportation Division, with
copies to the City Clerk, referencing the title of this Agreement.
C. The above-stated Grantee voice and fax telephone numbers will be
staffed at least during normal business hours, Pacific time zone. The City may
contact Grantee at the following number for emergency or other needs outside of
normal business hours of the Grantees: (855) 979-8844
Section 3. Term of Agreement
A. This Franchise will run for a period of five (5) years, from the date of
execution.
B. Renewal Option of Term: The Grantee may renew this Franchise for
an additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-
current term). Any materials submitted by the Grantee for a previous application
may be considered by the City in reviewing a current application, and the Grantee
will only submit those materials deemed necessary by the City to address changes
in the Grantee’s Facilities or Grantee’s Services, or to reflect specific reporting
periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this Agreement:
A. “ACC” means the Auburn City Code.
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 4 of 15
B. "Emergency" means a condition of imminent danger to the health,
safety and welfare of persons or property located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots, acts of terrorism or wars.
C. “Franchise Area” means all present and future Rights -of-Way as
defined in Section 4.H., within the City Limits as they currently exist or as amended
in the future.
D. “Grantee’s Facilities” means Grantee’s fiber optic and broadband
communications services constructed and operated within the City’s Rights-of-
Way, and shall include all cables, wires, conduits, ducts, pedestals and any
associated converter, equipment or other facilities within the City’s Rights-of-Way,
designed and constructed for the purpose of providing Telecommunications
Service and other lawful services not prohibited by this Ordinance.
E. “Grantee’s Services” means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Grantee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable. Grantee’s Services shall also include non -switched,
dedicated and private line, high capacity fiber optic transmission services to firms,
businesses or institutions within the City and other lawful services not prohibited
by this Ordinance. However, Grantee’s Services shall not include the provision of
“cable services”, as defined by 47 U.S.C. §522, as amended, for which a separate
franchise would be required.
F. “Maintenance” or “Maintain” means examining, testing, inspecting,
repairing, maintaining, restoring, and replacing the existing Grantee’s Facilities or
any part thereof as required and necessary for safe operation.
G. “Relocation” means permanent movement of Grantee facilities
required by the City, and not temporary or incidental movement of such facilities,
or other revisions Grantee would accomplish and charge to third parties without
regard to municipal request. Relocation shall conform to the meanings and
requirements of Chapter 35.99 RCW.
H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks,
easements, rights-of-ways and similar public properties and areas.
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March 5, 2019
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Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Grantee files with the
City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarantees
specified in Section 16, and (4) payment of any outstanding application fees
required in the City Fee Schedule. These four items will collectively be the
“Franchise Acceptance”. The date that such Franchise Acceptance is filed with
the City Clerk will be the effective date of this Franchise.
B. If the Grantee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee will apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done within the City.
Grantee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee’s Facilities will be installed within the public right-of-way and may require
the removal, relocation or replacement thereof in the public interest and safety at
the expense of the Grantee as provided for in Chapter 35.99 RCW
D. Before beginning any work within the public right-of-way, the Grantee
will comply with the One Number Locator provisions of Chapter 19.122 RCW to
identify existing utility infrastructure.
E. Tree Trimming. Grantee will have the authority to reasonably trim
vegetation on and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in physical
contact with the Grantee’s Facilities. Grantee must get written approval from the
City before trimming vegetation in or over the ROW. Grantee will be responsible
for debris removal from trimming activities. If debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove the debris and charge Grantee for the cost of removal. This section does
not grant automatic authority to clear vegetation for purposes of providing a clear
path for radio signals. Any general vegetation clearing will require a permit.
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March 5, 2019
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Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence repair and
emergency response work as required under the circumstances . The Grantee will
notify the City telephonically during normal business hours (at 253-931-3010) and
during non-business hours (at 253-876-1985) as promptly as possible, before such
repair or emergency work commences, and in writing as soon thereafter as
possible. The City may commence emergency response work, at any time,
without prior written notice to the Grantee, but will notify the Grantee in writing as
promptly as possible under the circumstances. Grantee will reimburse the City for
the City’s actual cost of performing emergency response work.
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third -party,
Grantee will restore, at its own cost and expense, the property to a safe condition.
All repair work will be performed and completed to the satisfaction of the City
Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee’s Facilities under this Franchise will have preference as to positioning and
location with respect to the Grantee’s Facilities. However, to the extent that the
Grantee’s Facilities are completed and installed before another utility’s submittal
of a permit for new or additional structures, equipment, appurtenances or tangible
property, then the Grantee’s Facilities will have priority. These rules governing
preference will continue when relocating or changing the grade of any City road or
right-of-way. A relocating utility will not cause the relocation of another utility that
otherwise would not require relocation. This Section will not apply to any City
facilities or utilities that may in the future require the relocation of Grantee’s
Facilities. Such relocations will be governed by Section 11 and Chapter 35.99
RCW .
B. Grantee will maintain a minimum underground horizontal separation
of five (5) feet from City water, sanitary sewer and storm sewer facilities and ten
(10) feet from above-ground City water facilities; provided, that for development of
new areas, the City, in consultation with Grantee and other utility purveyors or
authorized users of the Public Way, will develop guidelines and procedures for
determining specific utility locations.
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
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Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. This information will
include, at a minimum, as-built drawings of Grantee’s Facilities, installation
inventory, and maps and plans showing the location of existing or planned facilities
within the City. This information may be requested either in hard copy or electronic
format, compatible with the City’s data base system, including the City’s
Geographic Information System (GIS) data base. Grantee will keep the City
Engineering Aide informed of its long-range plans for coordination with the City’s
long-range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Accordingly,
the City agrees to notify the Grantee of requests for public records related to the
Grantee, and to give the Grantee ten (10) business days to obtain an injunction to
prohibit the City’s release of records.
Grantee will indemnify and hold harmless the City for any loss or liability for
fines, penalties, and costs (including attorney’s fees) imposed by an administrative
or judicial authority on the City because of non-disclosures requested by Grantee
under Washington’s public records act, provided the City has notified Grantee of
the pending request.
Section 11. Relocation of Grantee’s Facilities
A. Except as otherwise so required by law, Grantee agrees to relocate,
remove, or reroute its facilities as ordered by the City Engineer at no expense or
liability to the City, except as may be required by Chapter 35.99 RCW . Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other losses
in connection with any such change, relocation, abandonment, or vacation of the
Pubic Way.
B. If a readjustment or relocation of the Grantee’s Facilities is
necessitated by a request from a party other than the City, that party will pay the
Grantee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Grantee’s Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of any portion of the Grantee’s Facilities, the Grantee will, at the
City’s discretion, either abandon in place or remove the affected facilities.
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B. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee will underground the Grantee’s Facilities in the
manner specified by the City Engineer at no expense or liability to the City, except
as may be required by RCW Chapter 35.99. W here other utilities are present and
involved in the undergrounding project, Grantee will only be required to pay its fair
share of common costs borne by all utilities, in addition to the costs specifically
attributable to the undergrounding of Grantee’s Facilities. Common costs will
include necessary costs for common trenching and utility vau lts. Fair share will be
determined in comparison to the total number and size of all other utility facilities
being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee will defend, indemnify, and hold the City and its officers,
officials, agents, employees, and volunteers harmless from any and all costs,
claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent those costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence or willful misconduct
of the City. Should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Grantee and the City, its officers, officials, employees,
and volunteers, the Grantee’s liability hereunder shall be only to the extent of the
Grantee’s negligence.
B. The Grantee will hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee’s Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence or willful
misconduct of the City, or its agent performing such work.
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C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provi de trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, will make such arrangements as Grantee deems fit for the provision
of such services. The Grantee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee for the City’s failure
or inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee will indemnify the City against any and all third -party costs, claims,
injuries, damages, losses, suits, or liabilities based on the City’s failure or inability
to provide such services.
D. Acceptance by the City of any work performed by the Grantee will
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW , solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section will survive the expiration or termination of this Agreement.
Section 15. Insurance
A. The Grantee will procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its agents, representatives, or employees in the following amounts
and types:
1. Automobile Liability insurance covering all owned, non -
owned, hired, and leased vehicles with a minimum combined single limit for bodily
injury and property damage of $1,000,000.00 per accident. Coverage will be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy will be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $2,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products-completed operations aggregate limit. Coverage will be
written on ISO occurrence form CG 00 01 and will cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury and advertising injury and liability assumed
under an insured contract. The Commercial General Liability ins urance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
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11 85. There will be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse, or underground
property damage. The City will be named as an additional insured under the
Grantee’s Commercial General Liability insurance policy with respect to the work
performed under this Franchise using ISO Additional Insured Endorsement CG 20
10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37
10 01 or substitute endorsements providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability, and Commercial
General Liability insurance:
1. The Grantee’s insurance coverage will be primary insurance
as respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City will be in excess of the Grantee’s insurance and will not
contribute with it.
2. The Grantee’s insurance will be endorsed to state that
coverage will not be cancelled by either party except after thirty (30) days’ prior
written notice by certified mail, return receipt requested, has been given to the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee will furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee will have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
will not be construed to limit the liability of Grantee to the coverage provided by
that insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
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March 5, 2019
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Section 16. Performance Security
The Grantee will provide the City with a financial guarantee in the amount of Fifty
Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. If Grantee fails to
substantially comply with any one or more of the provisions of this Franchise, the
City may recover jointly and severally from the principal and any surety of that
financial guarantee any damages suffered by City as a result of Grantee’s failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Grantee specifically agrees that its failure to comply
with the terms of Section 19 will constitute damage to the City in the monetary
amount set forth in that section. Any financial guarantee will not be construed to
limit the Grantee’s liability to the guarantee amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Grantee, and all rights and privileges, as well as all
obligations and liabilities of the Grantee will inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance, which such consent will
not be unreasonably withheld.
C. Grantee and any proposed assignee or transferee will provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which will be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Before the City’s consideration of a request by Grantee to consent to
a Franchise assignment or transfer, the proposed Assignee or Transferee will file
with the City a written promise to unconditionally accept all terms of the Franchise,
effective upon transfer or assignment of the Franchise. The City is under no
obligation to undertake any investigation of the transferor’s state of compliance
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and failure of the City to insist on full compliance before transfer does not waive
any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Franchise, the dispute will first be referred to the operational officers
or representatives designated by Grantor and Grantee to have oversight over the
administration of this Franchise. The officers or representatives will meet within
thirty (30) calendar days of either party's request for a meeting, whichever request
is first, and the parties will make a good faith effort to achieve a resolution of the
dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any availab le judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically und erstand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any action
will be entitled to its attorneys’ fees and costs.
Section 19. Enforcement and Remedies
A. If the Grantee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Grantee under the provisions of this agreement,
the City may, at its discretion, provide Grantee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Grantee’s submittal of a plan to cure the b reach
within the specified period, commencement of work within the original thirty day
cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Grantee does not comply with the specified
conditions, the City may, at its discretion, either (1) revoke the Franchise with no
further notification, or (2) impose liquidated damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 16 for every
day after the expiration of the cure period that the breach is not cured .
B. If the City determines that Grantee is acting beyond the scope of
permission granted in this Franchise for Grantee’s Facilities and Grantee’s
Services, the City reserves the right to cancel this Franchise and require the
Grantee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Grantee’s actions
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Franchise Agreement No. 19-09
March 5, 2019
Page 13 of 15
are not allowed under applicable federal and state or City laws, to compel Grantee
to cease those actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee will comply with, all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Grantee
will be subject to the police power of the City to adopt and enforce g eneral
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Grantee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Grantee makes a written call for
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Grantee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise on thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise will not exempt the Grantee from any future license, tax, or
charge which the City may adopt under authority granted to it under state or federal
law for revenue or as reimbursement for use and occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event will
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
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Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 24. Titles
The section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance will take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _______________
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Page 15 of 15
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Fatbeam, LLC, for itself, its successors and assigns, hereby accepts and agrees
to be bound by all lawful terms, conditions and provisions of the Franchise attached
hereto and incorporated herein by this reference.
Fatbeam, LLC
2065 W Riverstone Drive, Suite 105
Coeur d’Alene, ID 83814
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2019, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
Page 47 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1719 (Gaub)
Date:
April 30, 2019
Department:
Public Works
Attachments:
Budget S tatus S heet
Bid Tab Summary
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No. 19-08, to Source Electric, LLC on their low bid of
$273,000.00 plus W ashington State sales tax of $27,300.00 for a total contract price of
$300,300.00 for Project No. CP1719, Sewer Pump Station Telemetry I mprovements.
Background Summary:
The City received one responsive bid and the low bid was approximately 2.33% below the
engineer’s estimate. Staff has performed reference checks and other verification to
determine that Source Electric, LLC meets the responsible bidding criteria and recommends
award.
The purpose of the project is to add telemetry and S C A D A capabilities to the 22nd S treet NE
and R Street NE Sewer Pump Stations.
Construction is expected to begin in May 2019 and be completed by August 2019.
A project budget contingency of $5,810.00 remains in the 461 Sewer Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 6, 2019 Item Numb er:CA.G
Page 48 of 80
Project No: CP1719 Project Title:
Project Manager: Luis Barba
Project Initiation (PMP) Date: : 8/28/2017
Advertisement Date: 4/11/2019 Project Update
Award Date: Permission to Advertise
Contract Award
Change Order Approval
Contract Final Acceptance
Funding Prior Years 2017 (Actual) 2018 (Actual) 2019
Future Years Total
461 Fund - Sewer 3,156 100,199 487,601 590,956
Total 0 3,156 100,199 487,601 0 590,956
Activity Prior Years 2017 (Actual) 2018 (Actual) 2019
Future Years Total
Design Engineering - City Costs 3,156 14,265 7,579 25,000
Design Engineering - Consultant Costs 85,934 64,707 150,641
Construction Contract Bid 0 300,300 300,300
Authorized Construction Contingency (15%)0 45,045 45,045
Construction Engineering - City Costs 0 20,000 20,000
Construction Engineering - Consultant Costs 0 44,160 44,160
Total 0 3,156 100,199 481,791 0 585,146
Prior Years 2017 (Actual) 2018 (Actual) 2019
Future Years Total
*461 Funds Budgeted ( )0 (3,156) (100,199) (487,601) 0 (590,956)
461 Funds Needed 0 3,156 100,199 481,791 0 585,146
*461 Fund Project Contingency ( )0 0 (0) (5,810) 0 (5,810)
**461 Funds Required 0 0 0 0 0 0
** Budget shortfall will be addressed with an in-fund transfer using funds from CP1812.
461 Sewer Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Sewer Pump Sta Telemetry Improv (22nd St NE and R St NE)
Apr 29, 2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1719-Sewer Pump Station Telemetry Improvements (22nd St NE and R St NE)\3.00 Project
Management\3.20 Budget\CP1719_BudgetStatusSheet.xls 1 of 1Page 49 of 80
B asic B I D Am ount Tot al B ID Am ount Tot al B ID S pre ad $Tot al B ID S pre ad %
LOW B ID D ER :S ourc e Ele c tric , LLC $2 7 3,0 00.00 $30 0 ,3 0 0.0 0 -$7,150 .00 -2.3 3%
B asic B ID
(Tax not inc lude d)
Tot al B ID
(Inc luding t ax )
1.Sou rc e Elec tric , L L C $273,000.00 $300,300.00
NO TE: A n ev aluation of w hether a bidder is responsible or n on-respon sible w as on ly m ade f or the low bidder. T his does n ot ind ic ate, on e w ay or th e oth er, how oth er bidders w ould be c onsidered if th ey w ere th e low bidder.
Bid Tabulation - Bid Totals Summary
P rojec t: C P1719, Sew er P u m p Station T elem etry Im prov em en ts , 19-08
P rep ared By : C ity of A u bu rn
B id Date: April 25, 2019
W /O Tax Inc. Tax
ENG INEER 'S ES TIMATE:$2 7 9,5 00.00 $3 07,450 .00
A VERA GE BID A M OUN T :$273,000.00 $300,300.00
(not including t ax )
4/29/2019 Page 3/3
Page 50 of 80
CP1719 - Sewer Pump Station Telemetry (SCADA) Improvements
(22nd St NE and R St NE)
Vicinity Map
22nd Street
Pump Station
R Street Pump
Station
Page 51 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1829 (Gaub)
Date:
April 30, 2019
Department:
Public Works
Attachments:
Budget S tatus S heet
Bid Tab Summary
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No. 19-07, to CPM Development Corporation DBA I CON
Materials on their low bid of $838,078.30 for Project No. CP1829, 2019 Citywide Patch and
Overlay Project.
Background Summary:
The City received six responsive bids and the low bid was approximately 7.79% below the
engineer’s estimate. Staff has performed reference checks and other verificationto
determine that CPM Development Corporation DBA ICON Materials meets the responsible
bidding criteria and recommends award.
The major items of work include grind and overlay of:1) Peasley Canyon Road f rom City limits
to West Valley Highway and 2) Ellingson Road from C Street SE to A Street SE. Patching of
1) A Street SE f rom 37th Street SE to the City limits at the White River Bridge and 2) West
Valley Highway f rom 15th Street SW to the south City limits with the City of Algona. The
project will also install traffic signal detection equipment and upgrade curb ramps to meet ADA
requirements.
Construction of this project is anticipated to start in early June 2019 and be complete in
October 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 6, 2019 Item Numb er:CA.H
Page 52 of 80
Project No: CP1829 Project Title:
Project Manager: Jai Carter
Permision to Award
Project Charter Date: January 2, 2019 Permision to Advertise
Advertisement Date: _April 2, 2019_______ Contract Award
Award Date: __May 6, 2019_________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
105 Fund Arterial Street Preservation 0 0 1,040,000 0 1,040,000
Total 0 0 1,040,000 0 1,040,000
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 52,743 0 52,743
Construction Contract Bid 0 0 838,078 0 838,078
Authorized Construction Contingency 0 0 100,000 0 100,000
Materials Testing 0 0 6,000 0 6,000
Construction Engineering - City Costs 0 0 43,179 0 43,179
Total 0 0 1,040,000 0 1,040,000
2017 2018 2019
Future Years Total
*105 Funds Budgeted ( )0 0 (1,040,000) 0 (1,040,000)
105 Funds Needed 0 0 1,040,000 0 1,040,000
*105 Fund Project Contingency ( )0 0 (0) 0 (0)
105 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
105 Arterial Street Budget Status
BUDGET STATUS SHEET
2019 Citywide Patch & Overlay Project
Updated: April 24, 2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1829 - 2019 Citywide Patch & Overlay Project\3.00 PMP\3.40 Cost Mgmt\CP1829 Budget Status
Sheet.xlsx 1 of 1Page 53 of 80
B asic B ID Am ount T otal B ID Am ount T otal B ID Spre ad $Tot al B ID S pre ad %
LOW B ID D ER :CPM D e v e lopm e nt Corpor at ion D B A ICON Mat e r ials $83 8 ,0 7 8.3 0 $83 8,0 78.30 -$7 0 ,7 7 5.6 8 -7.7 9%
Sec ond Bidder:Pu get Pavin g & C on struc tion $839,077.01 $839,077.01 -$69,776.97 -7.68%
B asic B ID
(Tax not include d)
Total B I D
(Including t ax )
1.C P M Developm ent C o rporation DBA IC O N M aterials $838,078.30 $838,078.30
2.Pu get Pav in g & C o n struc tion $839,077.01 $839,077.01
3.M iles Resou rc es, L L C $874,590.93 $874,590.93
4.L ak eside Indu stries $899,925.00 $899,925.00
5.L ak eridge P avin g C o, LL C $921,876.00 $921,876.00
6.T u c c i & Son s, In c $996,905.55 $996,905.55
NO TE: A n ev aluation of w hether a bidder is responsible or n on-respon sible w as on ly m ade f or the low bidder. T his does n ot ind ic ate, on e w ay or th e oth er, how oth er bidders w ould be c onsidered if th ey w ere th e low bidder.
Bid Tabulation - Bid Totals Summary
P rojec t: C P1829, 2019 A rterial P atc h an d Ov erlay , 19-07
P rep ared By : C ity of A u bu rn
B id Date: April 23, 2019
W /O Tax Inc. Tax
ENG INEER 'S ES TIMATE:$9 0 8,8 53.98 $9 08,853 .98
A VERA GE BID A M OUN T :$895,075.46 $895,075.46
(not including t ax )
4/23/2019 Page 8/8
Page 54 of 80
Page 55 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5418 (Gaub)
Date:
April 30, 2019
Department:
Public Works
Attachments:
Res olution No. 5418
Local Agency Agreement Form (Exhibit A)
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5418.
Background Summary:
Resolution No. 5418 authorizes the Mayor to accept and expend f ederal grant funds to be
administered through a Local Agency Agreement with the Washington State Department of
Transportation in the amount of $262,700.00 to f inance the design, environmental permitting,
and construction phases of the Auburn Way S (SR 164) Curve Saf ety I mprovements Poplar
Street SE (MP 2.97) Vicinity Project. This grant requires a 10% local funding match.
This project will upgrade existing light standards to LED luminaries and install additional light
standards with LED luminaries, and a "curve ahead" warning sign. Additionally high f riction
surf ace treatments will be applied to the westbound lane, install guardrail, and make
adjustments to the shoulder radii at the two driveways f or the apartment facility.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 6, 2019 Item Number:RES.A
Page 56 of 80
-----------------------------
Resolution No. 5418
May 6, 2019
Page 1
RESOLUTION NO. 5418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT AND EXPEND FEDERAL GRANT FUNDS TO BE
ADMINISTERED THROUGH A LOCAL AGENCY AGREEMENT
WITH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE AUBURN WAY S (SR 164)
CURVE SAFETY IMPROVEMENTS POPLAR STREET SE (MP
2.97) VICINITY
WHEREAS, the City desires to improve safety, capacity, and efficiency of the City’s
street network throughout Auburn; and
WHEREAS, the need for the Auburn Way S (SR 164) Curve Safety Improvements
Poplar Street SE (MP 2.97) Vicinity Project is recognized in Auburn’s adopted
Transportation Improvement Program; and
WHEREAS, completing this project will improve safety, capacity, and efficiency of
the City’s street network; and
WHEREAS, the City applied for and was awarded the following federal grant to be
administered by the Washington State Department of Transportation (WSDOT) with
required local funding match percentage as indicated:
• $262,700.00 to finance the design, environmental permitting, and construction
phases of the Auburn Way S (SR 164) Curve Safety Improvements Poplar
Street SE (MP 2.97) Vicinity Project (10% local funding match required); and
WHEREAS, funding has been made available in the approved City budget to meet
the local funding match requirements for the grant; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the City’s transportation system.
Page 57 of 80
-----------------------------
Resolution No. 5418
May 6, 2019
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. That the Mayor is authorized to accept the federal grant for
$262,700.00 for the Auburn Way S (SR 164) Curve Safety Improvements Poplar Street
SE (MP 2.97) Vicinity Project. The Mayor is further authorized to negotiate, finalize and
execute the Local Agency Agreement between the City and the Washington State
Department of Transportation (WSDOT), in conformity with the WSDOT grant and in
substantial conformity with the grant agreement template attached, marked as Exhibit A
and incorporated by this reference. The Mayor is also authorized to negotiate, finalize
and execute any further supplemental agreements consistent with project and grant
requirements as may be necessary for any and all future phases of the Project, expending
up to the total amount of the grant.
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.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of ______________, 2019.
CITY OF AUBURN
ATTEST: ________
NANCY BACKUS, MAYOR
___________________________
Shawn Campbell, City Clerk
Page 58 of 80
-----------------------------
Resolution No. 5418
May 6, 2019
Page 3
APPROVED AS TO FORM:
___________________________
Steve Gross, City Attorney
Page 59 of 80
DOT Form 140-039 Page 1
Revised 05/2015
Local Agency Agreement
Agency CFDA No. 20.205
(Catalog or Federal Domestic Assistance)
Address Project No.
Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code
Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) the policies and procedures promulgated by the
Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal
Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Length
Termini
Description of Work
Project Agreement End Date Claiming Indirect Cost Rate
Yes NoProposed Advertisement Date
Type of Work
Estimate of Funding(1)
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated Federal
FundsPE
%a. Agency
b. Other Federal Aid
Participation
Ratio for PE
c. Other
d. State
e. Total PE Cost Estimate (a+b+c+d)Right of Way
%f. Agency
g. Other Federal Aid
Participation
Ratio for RW
h. Other
i. State
j. Total R/W Cost Estimate (f+g+h+i)Construction
%k. Contract
l. Other
m. Other Federal Aid
Participation
Ratio for CN
n. Other
o. Agency
p. State
q. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j+q)
Agency Official Washington State Department of Transportation
By By
Title Director, Local Programs
Date Executed
Page 60 of 80
DOT Form 140-039 Page 2
Revised 05/2015
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of
$ at $ per month for months.
Local Force or Local Ad and Award
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of hte federal funds obligated, it accepts and will comply with the applicable provisions
set forth below. Adopted by official action on
, , Resolution/Ordinance No.
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set
forth in detail in the “Project Description” and “Type of Work.”
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On
Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification. The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
funds paid to the Agency under the terms of this agreement (see Section IX). Page 61 of 80
DOT Form 140-039 Page 3
Revised 05/2015
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the
amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will
present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the
Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible
federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and
FHWA; and 2 CFR Part 200.501 - Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State.
Page 62 of 80
DOT Form 140-039 Page 4
Revised 05/2015
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X. Traffic Control, Signing, Marking, and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
Page 63 of 80
DOT Form 140-039 Page 5
Revised 05/2015
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
part, whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
XVII. Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
Page 64 of 80
376.2
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet376.2188.10
1:2,257
Auburn Way South - Poplar Curve Safety Improvements
1in =188 ft
3/26/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 65 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5423 (Hinman)
Date:
April 22, 2019
Department:
Administration
Attachments:
Res olution No. 5423
Res olution 5423 Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
RECOMMENDED ACTI ON: Move to adopt Resolution No. 5423
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:May 6, 2019 Item Number:RES.B
Page 66 of 80
------------------------------
Resolution No. 5423
April 17, 2019
Page 1 of 2
RESOLUTION NO. 5423
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE LODGING TAX GRANT DISBURSEMENTS
RECOMMENDED BY THE AUBURN LODGING TAX
ADVISORY COMMITTEE
WHEREAS, the City of Auburn ( “City”) has businesses within its corporate
limits that collect lodging tax dollars in accordance with Chapter 67.28 of the
Revised Code of Washington (RCW); and
WHEREAS, the City has established a Lodging Tax Advisory Committee
(LTAC) in accordance with RCW 67.28.1817, and codified in Chapter 2.77 of the
Auburn City Code (ACC); and
WHEREAS, the LTAC is obligated by ACC 2.77.060 to make
recommendations to the City Council on tourism promotion and tourism related
issues; and
WHEREAS, at its February 26th and April 10th, 2019 meeting, the LTAC
considered proposals for the expenditure of taxes collected pursuant to Chapter
67.28 RCW; and
WHEREAS, the LTAC has recommended the award of lodging tax dollars
as grant funds to certain businesses; and
WHEREAS, the City Council finds that the LTAC’s recommendation will
enhance the economic development of the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 67 of 80
------------------------------
Resolution No. 5423
April 17, 2019
Page 2 of 2
Section 1. Adoption of Recommendations. The City Council
adopts the expenditure of lodging tax dollars to the following entities:
a) Flight Club Foundation for the Seattle Parrot Expo, $2,000;
b) City of Auburn Parks and Recreation Department for the Valley Cities
Geocaching/Adventure GeoTour, $1,100;
c) Korean Amateur Sports Association for the 20th Korean-American National
Sports Festival, $2,500;
d) White River Valley Museum for the Hops & Crops Festival, $3,000
as further described in the LTAC’s recommendation as shown on the LTAC’s
resolution, attached as Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement
those administrative procedures as may be necessary to carry out the directions
of this legislation.
Section 3. Effective date. This Resolution will take effect and be in
force upon passage and signatures.
CITY OF AUBURN
______________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
_________________________
Steven L. Gross, City Attorney
Page 68 of 80
RESOLUTION NO. 5423 EXHIBIT A
2019 Lodging Tax Grants Second Application Period
2/26/19
Motion: Committee Member Faltenberger motioned to recommend to City Council to approve the
funding the $2,000 request for the Seattle Parrot Expo. Committee Member Matto seconded the
motion. Motion passes unanimously.
4/10/19
Motion: Committee Member Fraser motioned to approve $3,000 to Hops N Crops, Committee
Member Roberts seconded the motion. Motion passes unanimously.
Committee Member Fraser motioned to approve $1,100 to Valley Cities Geocache, Committee
Member Roberts seconded the motion. Motion passes unanimously.
Committee Member Cho motioned to approve $2,500 to Korean American Sports Festival.
Committee Member Roberts seconded the motion. Motion passes unanimously.
Event: Seattle Parrot Expo ____________________________
Amount Requested: $2,000.00
• Free to the Public, three day event to be held on September 28 – 29, 2019.
• 2018 Attendance 1,200 during the two day event
• The event is organized to open communication about parrots in the wild, as pets via a 25
bird aviary; educational games, children’s story time, and free-flying parrots.
• Will use funds for ads in Seattle Times, ParentMap Magazine, Seattle’s Child Magazine,
BirdTalk Magazine, and to pay for any needed city permits to raise banners and signs to
announce the coming of the Expo a month in advance.
Event: Valley Cities Geocaching Adventure/GeoTour_____________________
Amount Requested: $2,750.00
• Anticipated 2019 Attendance: 200 – 300. The Geo Tour includes Kent and Auburn.
• Event is on May 17 -19, 2019.
• Funds will be used for costs of materials for the event, and food for the launch of the event.
• Niche event in which geocachers tend to travel to collect coins.
Event: 20th Korean American National Sports Festival
Amount Requested: $15,000.00
• Anticipated 2019 Attendance: 3,000. Event rotates in various U.S. cities annually.
• Sporting event competitions to take place in SeaTac, Federal Way, and Auburn the weekend
of June 21- 23, 2019.
• Funds will be used towards venues, transportation, food, officials, etc.
Approved Amount
$1,100.00
Approved Amount
$2,000.00
Approved Amount
$2,500.00
Page 69 of 80
Event: Hops & Crops Music & Beer Festival
Amount Requested: $6,000.00
• 2018 Attendance: 900 attendance
• This event which is in its tenth year will be held on September 14, 2019.
• Funds will be used towards marketing to potential overnight guests via Facebook ads.
• This Auburn annual event has a loyal following and attendance has increased 50% in the last
three years.
Total 2019 Budget Allocated to Community Grants: $20,000.00
Second Round of 2019 Total Grants Recommended by the LTAC: $8,600.00
First Round of 2019 Total Grants Recommended by the LTAC: $8,500.00
Potential Total Amount to be allocated in 2019: $17,100.00
Approved Amount
$3,000.00
Page 70 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5421 (Gaub)
Date:
April 30, 2019
Department:
Public Works
Attachments:
Res olution No. 5421
Exhibits A & B
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopts Resolution No. 5421.
Background Summary:
Pacific Realty Associates, LP has applied to the City f or vacation of the right-of-way of a
portion of B Street SE, south of 2nd Street SE, described in Exhibit “A” and shown on Exhibit
“B”. The applicant currently owns adjacent parcels #0019000056 and is proposing to
incorporate the right-of-way into adjacent property which will clean up the parcel and right-of -
way lines.
The application has been reviewed by City staf f and utility purveyors who have an interest in
this right-of -way. Through this review City staf f has determined that the right of way is no
longer necessary to meet the needs of the City and could be vacated.
Resolution No. 5421, if adopted by City Council, sets the date of the public hearing f or
Vacation No. V3-18 f or June 3, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 6, 2019 Item Number:RES.C
Page 71 of 80
----------------------------
Resolution No. 5421
ROW Vacation V3-18
April 10, 2019
Page 1
RESOLUTION NO. 5421
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO
CONSIDER THE VACATION OF RIGHT-OF-WAY OF A
PORTION OF B STREET SE, SOUTH OF 2ND STREET SE,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, the City of Auburn, Washington, has received a petition signed by
owners of at least two-thirds (2/3) of the property abutting right-of-way at the location of a
portion of B Street SE, south of 2nd Street SE, within the City of Auburn, Washington,
requesting that the same be vacated; and,
WHEREAS, pursuant to Section 35.79.010 of the Revised Code of Washington, a
hearing on such vacation shall be set by Resolution, with the date of such hearing being not
more than sixty (60) days nor less than twenty (20) days after the date of passage of such
Resolution.
WHEREAS, this Resolution is consistent with Auburn City Code 12.48.070 and calls
for a public hearing to consider the proposed vacation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the vacation of right-of-way at the location of a
portion of B Street SE, south 2nd Street SE, within the City of Auburn, Washington, legally
described as follows:
That portion of “B” Street Southeast as dedicated for street
Page 72 of 80
----------------------------
Resolution No. 5421
ROW Vacation V3-18
April 10, 2019
Page 2
purposes per Quit Claim Deed recorded under Recording
Number 5764366 and as depicted on Record of Survey
recorded under Recording Number 20131104900005 in King
County, Washington, described as follows:
The east 7 feet of the north 20 feet of lot 3, block 2, of Abraham’s
Park Addition to the City of Auburn, recorded in Volume 27 of
Plats, Page 26, in King County, Washington.
Containing 140 square feet, more or less.
Situate in the City of Auburn, King County, Washington.
[Also identified as Exhibit “A”.]
and as shown on the document attached, marked as Exhibit “B”, is set for 7:00 p.m. on the
3rd day of June, 2019, at the City Council Chambers at 25 West Main Street, Auburn,
Washington, 98001, with all persons wishing to speak to the vacation at the public hearing
being invited to attend.
Section 2. The Mayor is hereby authorized to implement administrative
procedures necessary to carry out the directives of this legislation, including posting
notice of the public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures.
DATED and SIGNED this day of , 2019.
CITY OF AUBURN
______________________________________
NANCY BACKUS, MAYOR
Page 73 of 80
----------------------------
Resolution No. 5421
ROW Vacation V3-18
April 10, 2019
Page 3
ATTEST:
__________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Page 74 of 80
Page 75 of 80
Page 76 of 80
1 of 3
4/30/2019
V3-18 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V3-18
Applicant: Pacific Realty Associates, LP
Property Location: Right-of-Way located at B Street SE, south of 2nd Street SE.
Description of right-of-way:
This ROW proposed for vacation consists of portions of the ROW of B Street SE, south
of 2nd Street SE where the ROW lines jog. The proposed ROW is adjacent to Parcel
No. 0019000056, Parcel No. 0019000025, and City right-of-way. Parcel No.
0019000056 is owned by the applicant and Parcel No. 0019000025 is owned by a
private citizen. The total proposed area of ROW for vacation is approximately 140±
square feet.
The ROW proposed for vacation was Quit Claim Deeded to the City of Auburn for street
purposes on July 9, 1964.
See Exhibits “A” and “B” for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way to
eliminate the jogs in the parcel and right-of-way lines.
Applicable Policies & Regulations:
• RCW’s applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code - not affected.
Public Benefit:
• The vacated area may be subject to property taxes.
• The street vacation decreases the Right-of-Way maintenance obligation of the
City.
Page 77 of 80
2 of 3
4/30/2019
V3-18 Staff Report
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast,
CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE has no facilities located within the area and
therefore has no objection to the vacation and no need for any easement
reservation.
2. Comcast – Comcast will not be affected by this vacation and does not oppose it.
3. CenturyLink – CenturyLink has reviewed the request for the subject vacation and
had determined that it has no objections with respect to the areas proposed for
vacation.
4. Water – There are no City water facilities in the area of right-of-way.
5. Sewer – No comments on Auburn Sewer.
6. Storm –No comments.
7. Transportation – No comments.
8. Planning – No comments.
9. Fire – No comments
10. Police – No comments.
11. Streets – No comments.
12. Construction –No comments.
13. Innovation and Technology – No comments
Assessed Value:
ACC 12.48 states “The city council may require as a condition of the ordinance that the
city be compensated for the vacated right-of-way in an amount which does not exceed
one-half the value of the right-of-way so vacated, except in the event the subject
property or portions thereof were acquired at public expense or have been part of a
dedicated public right-of-way for 25 years or more, compensation may be required in an
amount equal to the full value of the right-of-way being vacated. The city engineer shall
estimate the value of the right-of-way to be vacated based on the assessed values of
comparable properties in the vicinity. If the value of the right-of-way is determined by
the city engineer to be greater than $2,000, the applicant will be required to provide the
city with an appraisal by an MAI appraiser approved by the city engineer, at the
expense of the applicant. The city reserves the right to have a second appraisal
performed at the city’s expense.”
RCW 35.79.030 states the vacation “shall not become effective until the owners of
property abutting upon the street or alley, or part thereof so vacated, shall compensate
such city or town in an amount which does not exceed one-half the appraised value of
the area so vacated. If the street or alley has been part of a dedicated public right-of-
way for twenty-five years or more, or if the subject property or portions thereof were
acquired at public expense, the city or town may require the owners of the property
Page 78 of 80
3 of 3
4/30/2019
V3-18 Staff Report
abutting the street or alley to compensate the city or town in an amount that does not
exceed the full appraised value of the area vacated.”
The value of the right-of-way was determined to be $1,972.00 based on adjacent land
values so an appraisal was not required.
Recommendation:
Staff recommends that the street vacation be granted with no conditions and that
compensation not be required as the right-of-way was acquired through Quit Claim
Deed at no cost to the City.
Page 79 of 80
166.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet166.783.30
1:1,000
ROW Vacation #V3-18 B Street SE
1in =83 ft
4/9/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 80 of 80