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Home My WebLink About08-10-2020 CITY COUNCIL STUDY SESSION AGENDACity Council Study Session P W C D S FA August 10, 2020 - 5:30 P M Virtual A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R I I .Virtual Participation L ink A .Virtual Participation L ink The A uburn City C ouncil S tudy Session Meeting scheduled for Monday, A ugust 10, 2020 at 5:30 p.m. will be held virtually and telephonically. To attend the meeting virtually please click the link or enter the meeting I D into the Z oom app or call into the meeting at the phone number listed below. P er the Governor's Emergency P roclamation 20-28, the City of A uburn is prohibited from holding an in-person meeting at this time. City of A uburn R esolution No. 5533, designates City of Auburn meeting locations for all C ouncil, B oard and Commission meetings as virtual. A ll meetings will be held virtually and telephonically until K ing C ounty enters into P hase 3 of Governor I nslee’s S afe S tart — Washington’s P hased Reopening plan. The link to the Virtual Meeting or phone number to listen to the Council Meeting is: J oin from a P C, Mac, iPad, iP hone or A ndroid device: P lease click this UR L to join. https://zoom.us/j/97332382406 Or join by phone: 253 215 8782 877 853 5257 (Toll Free) Webinar I D: 973 3238 2406 B .Roll Call 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. 6784 (Comeau)(10 Minutes) A n Ordinance repealing Chapter 9.08 of the Auburn City Code (A C C), relating to aggressive begging Page 1 of 126 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 .Capital P rojects S tatus Report and F eature P roject (Gaub)(15 Minutes) B .Discuss Hudson Payback A greements (Ordinances 6770, 6771 and 6772) (Gaub)(15 Minutes) V.O T HE R D I S C US S I O N I T E MS V I .NE W B US I NE S S V I I .A D J O UR NME NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 126 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6784 (Comeau)(10 Minutes) Date: August 5, 2020 Department: City Attorney Attachments: ORD 6784 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: Chapter 9.08 of the A uburn City C ode makes certain conduct associated with aggressive begging (intimidation, deceptive practices and impeding traffic) a misdemeanor. However, the Washington S tate S upreme C ourt recently ruled in City v. Willis, 86 W n.2d 210, 375 P.3d 1056 (2016), that similar provisions in another Western Washington’s municipal code prohibiting begging at freeway ramps and other major intersections were facially overbroad. I n light of the City v. Willis decision, and after reviewing its own code, the City A ttorney’s Office has determined that the police and prosecutor can address more egregious conduct through other codes, and it is appropriate to repeal Chapter 9.08 ACC. Rev iewed by Council Committees: Councilmember:Staff:Comeau Meeting Date:August 10, 2020 Item Number: Page 3 of 126 -------------------------------- Ordinance No. 6784 August 4, 2020 Page 1 of 3 Rev. 2019 ORDINANCE NO. 6784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING CHAPTER 9.08 OF THE AUBURN CITY CODE (ACC), RELATING TO AGGRESSIVE BEGGING. WHEREAS, Auburn City Code (ACC), specifically Chapter 9.08 ACC, contains language making certain conduct associated with aggressive begging – intimidation, deceptive practices and impeding traffic – a misdemeanor and provides for penalties for violations thereof; and WHEREAS, in connection with similar code provisions in another Western Washington city, the State Supreme Court ruled, in City v. Willis, 86 Wn.2d 210, 375 P.3d 1056 (2016), that provisions of that city’s disorderly conduct ordinance - prohibiting begging at freeway ramps and at major intersections - were facially overbroad; and WHEREAS, since City v. Willis, the Auburn Prosecutors and Police have assessed how this court decision could affect conduct falling within the parameters of the City of Auburn, and Auburn Prosecutors and Police believe that notwithstanding the limitations that would stem from the City v. Willis decision, the Prosecutors and Police can address the more egregious conduct that falls within Chapter 9.08 of the City Code through other codes; and WHEREAS, in light of the City v. Willis decision and the strategies able to be employed by City Prosecutors and Police, it is appropriate to repeal the provisions of Chapter 9.08 ACC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Page 4 of 126 -------------------------------- Ordinance No. 6784 August 4, 2020 Page 2 of 3 Rev. 2019 Section 1. Repeal of Chapter in City Code. Chapter 9.08 ACC is repealed. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance 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, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 5 of 126 -------------------------------- Ordinance No. 6784 August 4, 2020 Page 3 of 3 Rev. 2019 CITY CODE TEXT BEING REPEALED Chapter 9.08 AGGRESSIVE BEGGING Sections: 9.08.010 Aggressive begging. 9.08.010 Aggressive begging. A. It is unlawful for any person to engage in aggressive begging in any public place in the city, as those terms are defined by this section. B. As used in this section: 1. “Aggressive begging” shall mean: (a) begging with intent to intimidate another person into giving money or goods; (b) begging with use of false, misleading information; (c) begging with or involving activities that are unsafe or dangerous to any person or property, or begging at locations or in a manner that threatens the safety of persons or property, or that impedes or threatens to impede pedestrian or vehicular traffic; (d) begging in a manner that exploits children; or (e) willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return. 2. “Begging” shall mean asking for money or goods as a charity, whether by words, bodily gestures, signs or other means. 3. “To intimidate” shall mean to coerce or frighten into submission or obedience, or to engage in conduct which would make a reasonable person fearful or feel compelled. 4. “Public place” shall mean: (a) any public road, alley, lane, parking area, sidewalk, or other publicly owned building, facility or structure; (b) any public playground, school ground, recreation ground, park, parkway, park drive, park path or right-of-way open to the use of the public; or (c) any privately owned property adapted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners. 5. “Exploit” shall mean using in an unethical, selfish or abusive manner or in any other manner that gives an unfair advantage. 6. “Impeding or threatening to impede pedestrian or vehicular traffic” includes, but is not limited to: a. Any begging activity that causes or is likely to cause either the person begging or the person being contacted by the person begging to enter a roadway lane of traffic on foot, other than in a marked crosswalk; b. Any begging activity that occurs at an intersection controlled by lighted traffic signals, where that activity is between or involves a person or persons located in a sidewalk or along a public roadway and a person or persons in or on a vehicle traveling on a public roadway; c. Any begging activity that causes or is likely to cause vehicles to stop at locations or times where/when disruptive to or not consistent with the flow of traffic. C. Violation of this section shall be a misdemeanor, punishable by a fine up to $1,000 or by a jail sentence of up to 90 days, or by both such fine and jail time. (Ord. 6200 § 1, 2008; Ord. 5918 § 1, 2005; Ord. 5682 § 1, 2002.) Page 6 of 126 AGENDA BILL APPROVAL FORM Agenda Subject: Capital Projects Status Report and Feature Project (Gaub)(15 Minutes) Date: July 29, 2020 Department: Public Works Attachments: Presentation Capital Project Status Report Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The purpose of this discussion is to inform the Council and Public of the overall status of the City’s Capital Project program managed by the Engineering Services Division of Public Works and to present the 2020 second quarter feature capital project, the Auburn Citywide LED Retrofits and Controls (Project No. CP1920). This Project will install new energy efficient LED streetlights and controls on City owned street lights. Construction of this project is anticipated to start in August 2020 and be complete in November 2020. The Capital Project Group of Engineering Services is currently managing 39 projects, totaling approximately $69 million in total project costs. Rev iewed by Council Committees: Councilmember:Brown Staff:Gaub Meeting Date:August 10, 2020 Item Number: Page 7 of 126 A U B U R N V A L U E S S E R V I C E E N V I R O N M E N T E C O N O M Y C H A R A C T E R S U S T A I N A B I L I T Y W E L L N E S S C E L E B R A T I O N ENGINEERING SERVICES CAPITAL PROJECT STATUS REPORT & FEATURE PROJECT RYAN VONDRAK & SCOTT NUTTER CITY COUNCIL STUDY SESSION AUGUST 10, 2020 Public Works Department Engineering Services Airport Services Maintenance & Operations Services Page 8 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CAPITAL PROJECTS – CURRENT STATUS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 39 Active Capital Projects (Approximate total proje ct value $69 million) 22 are in Design (Approximate total project value $34.5 million) 17 are in construction (Approximate total project v alue $34.5 million) Page 9 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CAPITAL PROJECTS – ADVERTISED FOR CONSTRUCTION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 0 5 10 15 20 25 30 2017 (17) 2018 (13) 2019 (17) 2020 (14)* 26.2 13.2 22.6 26.5 TOTAL VALUE OF PROJECTS IN CONSTRUCTION(MILLIONS)YEAR (# PROJECTS FORMALLY BID) Page 10 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CP2023 – 2020 Crack Seal (Page 14 of 14 in CPS) – September 2020 UPCOMING CONSTRUCTION PROJECTS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 11 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION How do we decide which projects we move forward wit h each year? Needs Identified in Comprehensive Plan Capital Facilities Plan (CFP) identifies projects t hat can be funded in 6-years 2-year Budget Developed Budget Amendments and In-Fund Transfers PROJECT PRIORITIZATION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 12 of 126 A U B U R N V A L U E S S E R V I C E E N V I R O N M E N T E C O N O M Y C H A R A C T E R S U S T A I N A B I L I T Y W E L L N E S S C E L E B R A T I O N FEATURE CAPITAL PROJECT: CITYWIDE STREETLIGHT LED COVERNSION Public Works Department Engineering Services Airport Services Maintenance & Operations Services Page 13 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Convert City owned cobra- head style street lights to LED Add smart lighting controls 2,849 cobra head style lights PROJECT SCOPE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 14 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Not included in scope: PROJECT SCOPE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Downtown Decorative Residential Decorative Non-City Owned Page 15 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Help the Environment Consistent with Greenhouse Gas Reduction Ordinance 4417 Adopted in 2009 Reduced power consumption by 2 million kWh+ per yea r LED lights are free of mercury and other toxic subs tances Fixtures are 100% recyclable. Reduce General Fund Expenditures Reduced electric power bill approx. $150k per year Reduced maintenance costs approx. $40k per year PURPOSE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 16 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Improve Lighting and Service Provide better visibility for drivers and pedestria ns Reduce light pollution and improve efficiency of th e fixtures Controls allow faster replacement and remote adjust ments PURPOSE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 17 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Project Cost = $2.7M $500k grant from Department of Commerce (Energy Efficiency) $350k from Puget Sound Energy rebates. $1.85M from by City funds sourced from real estate excise tax (REET) revenues. PROJECT BUDGET SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Funding Partners Page 18 of 126 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION SCHEDULE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CONSTRUCTION August 2020 – November 2020 DESIGN Complete Spring 2020 INVENTORY Complete Fall 2019 Page 19 of 126 CP1416 Construction of new sewer main underway.F St SE Non-Motorized Improvements QTR 2 (APR-JUN) Seth Wickstrom 20 $4,250,387 (Includes Federal Grant Funds) 21 QTR 3 (JUL-SEP) This project will reconstruct F St SE from 4th St SE to Auburn Way South, including adding new sidewalks, curb and gutter, bike lanes, wayfinding signage, street lighting, streetscape elements, and safety improvements, and will include bike boulevard components. Some ROW acquisition is necessary. Some sections of water and sewer lines will be replaced on F St SE between 4th St SE and Auburn Way S. CP1516 Runway extension work complete on both ends of the runway. Additional striping work remains. Auburn Municipal Airport Runway Enhancements QTR 2 (APR-JUN) Seth Wickstrom 20 $4,225,175 (Includes Federal & State Grant Funds) 20 QTR 3 (JUL-SEP) The purpose of the project is to improve safety and the ability to accommodate the current and forecast fleet of multi-engine piston aircraft for both takeoff and accelerate-stop distances at the Auburn Municipal Airport by extending both ends of Runway 16/34 to a total length of 3,841 feet of runway. CP1726 Final Pay was processed on June 24, 2020. Project closeout is underway. 2019 Local Street Reconstruction QTR 2 (APR-JUN) Kim Truong 19 $4,974,633 20 QTR 2 (APR-JUN) Reconstruct selected streets that are in very poor condition, as well as improve utilities, and rebuild curb ramps to meet ADA standards. The individual improvements at each project site varies, but may include storm drainage and water improvements. Improvements are proposed at the following streets: 4th St NE (R St to 4th Pl NE), 4th Pl NE, M St SE (25th St SE to 28th St SE), 28th St SE (M St SE to R St SE), O St SE, Pike St SE Project Number Capital Project Status Report Public Works Department - Engineering General Services Division CONSTRUCTIONProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 1 of 14Page 20 of 126 CP1812 Bids were opened on July 7, 2020 and the contract was awarded to Source Electric on July 17, 2020. A Pre-construction meeting is scheduled for August 6, 2020. Sewer Pump Station Electrical Improvements QTR 3 (JUL-SEP) Jeffrey Bender 20 $1,280,000 21 QTR 2 (APR-JUN) The purpose of this project is to update the electrical systems at sewer pump stations throughout the City to meet current electrical code, improve safety and increase the efficiency of maintenance. CP1807 Construction work is nearly complete. Only minor punchlist work remains. Water Meter Vaults and Lids Replacement QTR 1 (JAN-MAR) Seth Wickstrom 20 $1,260,000 20 QTR 3 (JUL-SEP) Replace 8 large water meter vaults and 1 large water meter vault lid. CP1819 Substantial Completion was granted on June 19, 2020. WSDOT final inspection is complete. Contractor is completing final punch list items. Anticipate issuing Physical Completion in August 2020. A Street SE Preservation QTR 2 (APR-JUN) Kim Truong 19 $3,001,200 (Includes Federal Grant Funds) 20 QTR 3 (JUL-SEP) The project will grind, repair, and overlay the roadway; upgrade non-ADA compliant curb ramps; replace traffic loops; upgrade pedestrian signal infrastructure as needed to meet ADA standards; and replace the water main and applicable appurtenances along the A St. SE corridor between East Main St. and 17th St. SE. The project will restore 4.77 lane miles (0.95 CL Miles) of roadway, upgrade up to 42 curb ramps, and replace approximately 1,000 feet of water main. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division CONSTRUCTIONProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 2 of 14Page 21 of 126 CP1903 Contractor is currently working on installing underground utilities towards the south end of the project limits. This project is combined with CP1904 for construction. Auburn Way North Preservation Phase 2 QTR 2 (APR-JUN) Luis Barba 20 $1,631,206 (Includes Federal Grant Funds) 20 QTR 4 (OCT-DEC) This project will grind and overlay Auburn Way N from approximately 8th Street NE to 22nd Street NE, remove unused driveways, and upgrade curb ramps and pedestrian signals as needed to meet ADA requirements. CP1904 Contractor is currently working on installing underground utilities towards the south end of the project limits. This project is combined with CP1903 for construction. Auburn Way North Preservation Phase 3 QTR 2 (APR-JUN) Luis Barba 20 $2,465,339 (Includes Federal Grant Funds) 20 QTR 4 (OCT-DEC) This project will grind and overlay Auburn N from approximately 4th Street SE to 8th Street NE, remove unused driveways, and upgrade all curb ramps and pedestrian signals to meet ADA requirements. CP1618 Bids were opened on July 14, 2020. Apparent low bidder was Mill Plain Electric. City staff is performing reference checks and other verification to determine if the apparent low bidder meets the responsible bidding criteria. Lake Tapps Parkway ITS Expansion Project QTR 3 (JUL-SEP) Jai Carter 20 $1,130,000 (Includes Federal Grant Funds) 20 QTR 4 (OCT-DEC) Construction of new Intelligent Transportation System (ITS) infrastructure along Lake Tapps Parkway and A St SE. New infrastructure includes new communication lines, Variable Message Sign, ITS PTZ cameras, network upgrades, wireless connections, an interconnection with Sumner at 8th St E, & weather stations at Lakeland hills. The project will also replace some aerial copper communication lines along A St SE. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division CONSTRUCTIONProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 3 of 14Page 22 of 126 CP1901 The contract was awarded to NW Cascade on July 6, 2020. The pre-construction meeting was held on July 28, 2020. It is anticipated that construction will begin in August 2020. AWS - Poplar Curve Safety Improvements QTR 3 (JUL-SEP) Jeffrey Bender 20 $338,200 (Includes Federal Grant Funds) 20 QTR 4 (OCT-DEC) This Project will design and construct safety improvements in the vicinity of the Poplar Street curve along Auburn Way S. The specific elements of the project will install LED street lights, a speed-activated curve ahead warning sign, high friction surface treatment, guardrail, and reconstruct curb radii and driveways. CP1917 The contractor has completed the installation of the water services at all of the sites and is currently working on final paving and sidewalk restoration. Deduct Meter Replacement, Phase 1 QTR 1 (JAN-MAR) Jeffrey Bender 20 $500,000 20 QTR 3 (JUL-SEP) This Project will replace 57 of the 184 deduct meters within the City limits, including replacing related piping and restoration. CP1912 The contract was awarded to West Coast Signal on July 10, 2020. The Preconstruction meeting was held on July 29, 2020. Work to connect the traffic signals within the project limits to the existing City fiber system is anticipated in August 2020. Installation of the Dynamic Message Sign is anticipated in January 2021. 15th Street NW Dynamic Message Sign QTR 2 (APR-JUN) Seth Wickstrom 20 $406,820 21 QTR 3 (JUL-SEP) Construct a new dynamic message sign on the shoulder of eastbound 15th Street NW between C St NW and SR 167. Connect existing traffic signals at W Valley Hwy, C St NW, A St NE, and D St NE to existing City fiber system. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division CONSTRUCTIONProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 4 of 14Page 23 of 126 CP1929 The contract was awarded to Rodarte Construction on July 6, 2020. The preconstruction meeting was held on July 21, 2020. Construction is anticipated to begin on August 10, 2020. Lea Hill AC Main Replacement Project QTR 3 (JUL-SEP) Jai Carter 20 $3,248,000 20 QTR 4 (OCT-DEC) The project purpose is to replace approximately 5,685 LF of 4” to 8” existing asbestos cement (AC) water mains with 8” or 12” ductile iron pipe (DIP) water mains and associated gate valves, fire hydrants, water meters, service lines and other appurtenances in the City’s Lea Hill Service Area. CP1926 The construction contract has been suspended while waiting for the State Department of Ecology (DoE) to issue the Construction Stormwater Permit. The DoE has informed the City that these types of permits have been taking longer than usual to process due to furloughs and other workload issues. 2020 Arterial Street Preservation (15th St NW)QTR 2 (APR-JUN) Seth Wickstrom 20 $1,783,400 20 QTR 3 (JUL-SEP) Replace the pavement and replace and up-size of the existing 8” cast iron water main to a 16” ductile iron water main on 15th Street NW from R Street NW to West Valley Highway. The project will also grind and overlay of 15th Street NW from West Valley Highway to SR 167. CP1826 Construction of the cemetery access roads has been completed. Concrete work has been completed in Peasley Ridge Development, and pavement repair and overlay work to commence Week of August 3, 2020 The construction contract is combined with CP1925. Mountain View Cemetery Paving QTR 2 (APR-JUN) Jai Carter 20 $355,000 20 QTR 3 (JUL-SEP) This project will design and construct roadway/pavement improvements at Mountain View Cemetery. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division CONSTRUCTIONProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 5 of 14Page 24 of 126 CP1925 Construction of the cemetery access roads has been completed. Concrete work has been completed in Peasley Ridge Development, and pavement repair and overlay work to commence Week of August 3, 2020. The construction contract is combined with CP1826. 2020 Local Street Reconstruction and Preservation QTR 2 (APR-JUN) Jai Carter 20 $2,575,000 20 QTR 3 (JUL-SEP) The main purpose of this project is to improve the condition of the City’s local streets. The project will design and construct the following: full-depth roadway replacement, grind/overlay, and curb ramp upgrades. The project construction contract is also anticipated to include re-application of thermoplastic markings throughout the City and preservation of pavement in Mountain View Cemetery (tracked as project CP1826). CP2014 Construction contract work resumed on July 27, 2020. City Hall Sewer Wet Well Pump Replacement QTR 3 (JUL-SEP) Jeffrey Bender 20 $40,000 20 QTR 4 (OCT-DEC) This project will briefly evaluate the existing pump station to determine the pump sizing requirements and the extent of what needs to be replaced and replace the equipment based on the evaluation and recommendations. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division CONSTRUCTIONProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 6 of 14Page 25 of 126 CP1603 Environmental permitting is underway. City is currently working on floodplain modeling, permitting, and 90% design submittal. Construction funding for the project is not yet secured. The City anticipates applying for a Drinking Water State Revolving Fund Loan and a Parks Grant to supplement City funds to cover the construction costs. Coal Creek Springs Transmission Main Repair QTR 1 (JAN-MAR) Seth Wickstrom 22 $636,522 22 QTR 4 (OCT-DEC) The project will construct a second, parallel transmission pipeline over the White River suspended from a new pedestrian bridge, inspect the existing steel transmission main for possible leaks and repair the leaks, if any. CP1724 Completing storm modeling in support of the design effort. Coordinating with Ecology, Army Corps, MIT, and PSE regarding environmental concerns and permitting requirements. 37th St NW Flood Control Luis Barba TBD $291,000 TBD The purpose of the project is to alleviate significant annual flooding at the 1000 block of 37th St NW of Auburn, Washington, by upgrading the drainage system with a box culvert. MS1811 Working on short plat and purchase and sale agreement for sale of property. Auburn Airport Runway Extension - Property Acquisition Phase Seth Wickstrom $555,600 (Includes Federal Grant Funds) Acquire a portion of the King County Park & Ride as part of the Auburn Airport Runway Enhancement Project (Project Number CP1516). Project Number Capital Project Status Report Public Works Department - Engineering General Services Division DESIGNProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 7 of 14Page 26 of 126 CP1806 The study report has been finialized and published on the City's webpage. For more information about the project and to see the final report, visit www.auburnwa.gov/leahillcorridor Lea Hill Road Corridor Study Kim Truong$230,000 The purpose of the project is to evaluate the Lea Hill Road Corridor from M St. NE to 124th Ave SE to identify potential safety, capacity, and operational improvements. The study may also include analysis of a future roadway connection from 102nd Ave SE to 104th Ave SE and closing off 102nd Ave SE at SE 320th St. to create a cul-de-sac. CP1916 Review of the 60% design submittal was completed on July 16, 2020. The design team is working on the addressing review comments and the 90% design submittal. Academy Pump Station 1 Replacement QTR 4 (OCT-DEC) Jeffrey Bender 20 $4,352,479 22 QTR 1 (JAN-MAR) Replacement of Pump Station 1, Improvements to Pump Station 2, Replacement of backup power systems, replacement/installation of underground water main. CP1622 The consultant design team is working with City Staff to develop the access management design concept. Construction funding has not been secured. The City will apply for grants where available. Auburn Way South Improvements - Hemlock to Poplar QTR 1 (JAN-MAR) Jeffrey Bender 22 $1,500,000 (Includes Federal Grant Funds) 23 QTR 4 (OCT-DEC) Roadway widening to create a five-lane cross section with two general purpose travel lanes in each direction, and a two-way center left-turn lane. A new traffic signal is proposed near the Noble Court intersection to support access to Chinook Elementary School. Additionally, curb and gutter, 10 foot sidewalks, illumination, transit stop improvements, storm water improvements, water main extension, and access management (where feasible) with accommodation for U-turns are proposed. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division DESIGNProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 8 of 14Page 27 of 126 CP1902 City design team finalized the contract documents. The construction contract was advertised for bids on July 9, 2020. Bids were opened on July 23, 2020. Apparent low bidder was RW Scott construction. City staff is performing reference checks and other verification to determine if the apparent low bidder meets the responsible bidding criteria. 2020 Pedestrian Safety, Sidewalk and ADA Improvement Project QTR 3 (JUL-SEP) Jeffrey Bender 20 $851,216 (Includes Federal Grant Funds) 20 QTR 4 (OCT-DEC) Improves pedestrian accessibility & safety throughout the City. Numerous sites throughout the City where sidewalks are in need of repair or improvement, curb ramps are missing or need to be improved, and where pedestrian crosswalk improvements are desired. Sites were identified based on input from citizens, M&O, and other City Departments. Priority was given to sites that serve low-income, elderly, and disabled populations, school walking routes, and high volumes of general pedestrian traffic. CP1927 City design team is working toward 60% design submittal. Auburn Way N and 1st Street NE Signal Replacement QTR 2 (APR-JUN) Matt Larson 21 $1,231,513 21 QTR 3 (JUL-SEP) This project will replace the existing traffic signal at Auburn Way North and 1st Street NE with a new traffic signal per the City of Auburn standards and the Downtown standards. The project also includes adding left turn pocket on 1st Street NE and flashing yellow arrows in all four directions. CP2001 City Survey group is researching easements. The design team is preparing to start working on the design documents. Coordination with individual property owners for access is underway. Deduct Meter Replacement, Phase 2 QTR 1 (JAN-MAR) Jeffrey Bender 21 $512,500 21 QTR 2 (APR-JUN) This Project will replace approximately 57 of the 128 remaining deduct meters within the City limits, including replacing related piping and restoration. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division DESIGNProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 9 of 14Page 28 of 126 CP1920 Grant funding agreement executed. Construction planning is underway. Citywide LED and Streetlight Controls QTR 2 (APR-JUN) Scott Nutter 20 $2,700,000 20 QTR 4 (OCT-DEC) This project will retrofit existing City street lights with LED fixtures and street light controls for remote management. CP1922 The consultant scope and fee negotiations are complete. Notice to Proceed with the design was granted on June 15, 2020 and the design kickoff meeting was held on June 25, 2020. Work towards a 30% design submittal is underway. Lead Service Line Replacement Project QTR 1 (JAN-MAR) Jai Carter 21 $4,855,000 21 QTR 4 (OCT-DEC) The purpose of this project is to provide improvements to the City’s water distribution system, and avoid any potential public health issues associated with existing lead gooseneck service line infrastructure. The project will replace approximately 7,100 linear feet of water main, approximately 190 water services, potentially reconstruct 13 street segments and upgrade associated drainage, curb & gutter, curb ramps; as well as grind and overlay 4 street segments. CP2012 Recently, the Design team had their 30% review meeting. Comments are being addressed and team is working towards 60% submittal. Anticipate 60% submittal September 2020. M Street SE Sidewalk Improvements QTR 2 (APR-JUN) Luis Barba 21 $749,542 (Includes State Grant Funds)21 QTR 3 (JUL-SEP) Project will design and construct missing sections of sidewalk along M Street SE between Auburn Way S and 8th St SE. The project scope includes installation of sidewalk, ADA curb ramps and street lighting. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division DESIGNProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 10 of 14Page 29 of 126 CP2003 City design team is working towards 30% design submittal which is anticipated to be completed in August 2020. Private utility and King County Metro coordination is underway. Geotechnical consultant agreement in process. 2nd Street SE Preservation Project QTR 1 (JAN-MAR) Jai Carter 21 $1,163,755 (Includes State Grant Funds)21 QTR 4 (OCT-DEC) This Project will reconstruct the pavement on 2nd Street SE between A St SE and Auburn Way S. The project will also replace 450 feet of sewer main, construct new curb ramps, install new LED Street lighting, replace curb & gutter as needed, and upgrade drainage infrastructure as needed. CP2010 Design underway for sites 1-19. Right of way acquisition process underway for site 6. Design team working toward 30% design submittal in August. 2021 Sewer Repair and Replacement Project QTR 1 (JAN-MAR) Jai Carter 21 $2,400,000 21 QTR 4 (OCT-DEC) This project plans to replace a total of approximately 2585 LF of 8”-10” diameter sewer line at 9 separate sites, and construct 10 spot repairs. CP2011 City design team is working toward 90% design submittal which is anticipated to be completed in August 2020. Lakeland Hills Way Preservation QTR 1 (JAN-MAR) Seth Wickstrom 21 $1,230,000 21 QTR 4 (OCT-DEC) Grind, patch, and overlay Lakeland Hills Way from 57th Drive SE to Lake Tapps Dr SE. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division DESIGNProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 11 of 14Page 30 of 126 CP2018 Survey has completed the basemap for this project. Design is underway. Anticipate to submit 30% plans for review in September 2020 S. 330th St and 46th Place S Storm Improvements QTR 2 (APR-JUN) Luis Barba 21 $379,000 21 QTR 3 (JUL-SEP) Relocate existing storm system located on private property, into approximately 350 linear feet of new 24-inch storm pipe within the public right-of-way. Improvements will include replacing existing outfall structure and connections of private drainage pipes. CP2017 Design survey is underway.2021 Storm Renewal and Replacement Project QTR 2 (APR-JUN) Luis Barba 21 $1,100,000 21 QTR 3 (JUL-SEP) The purpose of this project is to repair and replace storm system infrastructure throughout the City, at six different locations. Improvements will eliminate known drainage issues and reduce maintenance efforts. CP2019 Consultant design team is preparing 30% design submittal. 2021 Local Street Reconstruction and Preservation QTR 1 (JAN-MAR) Kim Truong 21 $5,660,000 21 QTR 3 (JUL-SEP) This project will design and construct the following improvements: Site #1 (G St SE from E Main to 4th St SE) - Full depth pavement re-build; replace water main incl. water services; upgrade storm drainage system as needed; and upgrade curb ramps to meet ADA. Site #2 (Riverwalk/Forest Ridge) - Grind and overlay the roadway; replace water main incl. water services; upgrade storm drainage system on 24th Ave/St. SE; and upgrade curb ramps to meet ADA. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division DESIGNProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 12 of 14Page 31 of 126 CP2007 The grant funding obligation paperwork has been drafted and is being processed. Lea Hill Rd Bridge Deck Preservation QTR 2 (APR-JUN) Kim Truong 21 $647,850 (Includes Federal Grant Funds) 21 QTR 3 (JUL-SEP) The project will grind and overlay the Lea Hill bridge deck in an effort to extend the overall service life of the bridge. CP2006 The grant funding obligation paperwork has been drafted and is being processed. 3rd Street SW Bridge Decks Preservation QTR 2 (APR-JUN) Kim Truong 21 $673,540 (Includes Federal Grant Funds) 21 QTR 3 (JUL-SEP) The project will seal and overlay the 3rd Street SW bridge decks in an effort to extend the overall service life of the bridges. CP2009 A Request for Proposals (RFP) is being prepared for advertising for consultant services on the project. Rainier Ridge Pump Station QTR 2 (APR-JUN) Jai Carter 22 $3,415,000 22 QTR 4 (OCT-DEC) This project will replace the Rainier Ridge Sewer Pump Station and its associated force main (approximately 725 ft). Project Number Capital Project Status Report Public Works Department - Engineering General Services Division DESIGNProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 13 of 14Page 32 of 126 CP2023 City design team is working toward 90% design submittal. 2020 Crack Seal QTR 3 (JUL-SEP) Seth Wickstrom 20 $150,000 20 QTR 4 (OCT-DEC) This project will implement maintenance of various classified streets by sealing newly formed cracks. Sealing the cracks will prolong the life of the pavement by stopping water from draining into the subbase of the pavement. Project Number Capital Project Status Report Public Works Department - Engineering General Services Division DESIGNProject Status: Project Name & Description Current Budget Construction Start Construction Finish Project Manager Recent Progress Generated by eGIS:7/31/2020 Page 14 of 14Page 33 of 126 AGENDA BILL APPROVAL FORM Agenda Subject: Discuss Hudson Payback Agreements (Ordinances 6770, 6771 and 6772) (Gaub)(15 Minutes) Date: August 3, 2020 Department: Public Works Attachments: Presentation Payback Frequently Asked Questions (FAQ) Ordinance 6770 - Sewer Ordinance 6771 - Water Ordinance 6772 - Street Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: A developer, Hudson DCT, has constructed water, sewer, and traffic improvements with the development of their distribution center in the northwest area of the City. These improvements benefit other properties and are eligible for Payback Agreements. These three Agreements would provide for reimbursement to the developer when those benefited properties connect to, or benefit from, the water, sewer, or traffic improvements. Pursuant to City code section 3.25.080, the City Council set a public hearing for September 8, 2020 to consider public comments on the Agreements. The City notified the benefited property owners by mail, giving property owners an opportunity to provide comments. Staff will explain what a payback agreement is, how the benefited properties are affected, the improvements provided by Hudson DCT, and the terms of each Payback Agreement. Staff will also discuss the next steps for City Council review and approval of the Agreements. Rev iewed by Council Committees: Councilmember:Brown Staff:Gaub Meeting Date:August 10, 2020 Item Number: Page 34 of 126 AUBURN VALUES S E R V I C E ENVIRONMENT E C O N O M Y C H A R A C T E R SUSTAINABILITY W E L L N E S S C E L E B R AT I O N ENGINEERING SERVICES ORDINANCE NOS. 6770, 6771 & 6772 –HUDSON DCT PAYBACK AGREEMENTS SUSAN FENHAUS, BOB ELWELL, CECILE MALIK CITY COUNCIL STUDY SESSION AUGUST 10, 2020 Public Works Department Engineering Services Airport Management Maintenance & Operations Page 35 of 126 Developer constructs public facilities (water, sewe r, storm, and/or streets) Facilities benefit properties besides the developme nt Payback Agreement - between City and Developer City collects pro-rata payments from Benefited Prop erties as they connect or benefit within the payback period (20-year for Water & Sewer, 15-year period for Streets) City forwards payments to Developer WHAT IS A PAYBACK AGREEMENT? SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 36 of 126 WATER PUBLIC FACILITY EXTENSION BENEFITED PROPERTIES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION New 12” Water Main, Valves, & Hydrants Hudson DCT (Developer) Benefited Property Page 37 of 126 SEWER PUBLIC FACILITY EXTENSION BENEFITED PROPERTIES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 38 of 126 STREET PUBLIC FACILITY EXTENSION BENEFITED PROPERTIES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 39 of 126 PAYBACK PROCESS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Developer City Submit payback application Develop payback methodology Complete construction Accept facilities for operation Submit project costs Review costs and determine apportioned costs Prepare agreement and public notice documents Notify benefited properties Hold public hearing Council approve agreement by ordinance Record agreement and incorporate into City permitting and mapping systems Collect payments and forward to Developer September 8 Page 40 of 126 QUESTIONS? SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 41 of 126 1 Frequently Asked Questions about Payback Agreements What is a Payback Agreement? A Payback Agreement is an agreement between a developer and the City of Auburn (Auburn) that may enable a project to recoup a portion of its public street and/or utility infrastructure costs from properties that benefit by connecting to, or being served by, the project infrastructure. What improvements may be included in a Payback Agreement? Water, sewer, or storm utilities may be included in a Utilities Payback Agreement. A separate agreement is used for each utility. Some traffic improvements such as signals or roundabouts may be included in a Street Payback Agreement. How long is the Payback Agreement in effect? The Revised Code of Washington (RCW) 35.72.020 establishes a maximum term of 15 years for public street-related Payback Agreements. RCW 35.91.020 establishes a maximum term of 20 years for utility-related Payback Agreements. There is no guarantee that the developer will recoup any costs during the term of the Payback Agreement. Why is my property included? The developer’s infrastructure benefits your property by being able to provide service to your property. The state law listed above allows any property that benefits from the improvements to be included in the agreement. When do I have to pay? For utilities, you pay your share of the payback agreement when you apply for a permit to connect to the utility system. For public street-related improvements, you pay your share of the payback agreement when new development takes place on your property for a use that adds more vehicle trips, as estimated by using the latest edition of the “Trip Generation Manual” by the Institute of Transportation Engineers (ITE). How do I pay? The City administers the Payback Agreement as part of its permitting process. When a property secures a permit that is subject to the Payback Agreement, the City collects the payback fee from the property owner, then sends the fee to the developer. Is this a lien on my property? A Payback Agreement is a recorded notice on your property of the fees owing if your property connects to the infrastructure. Some entities may regard that as a lien, but it does not automatically mean that the fees must be paid before a property sale. The Payback Agreement will remain in effect on the property until the payback fee is paid or the Payback Agreement expires. Page 42 of 126 2 What happens when the Payback Agreement expires? Once the Payback Agreement expires, the amount listed in the Payback Agreement would no longer be owing. Other City fees and connection charges in effect when a property connects would still be owing. What is the process for approving a Payback Agreement? The City provides a preliminary notice to the benefited property owners when a developer applies for a Payback Agreement. This preliminary notice includes an estimate of what each property will owe if they connect to the utilities, or when new development on each property benefits from street improvements. Once the developer’s project is complete and the final costs are known, the pro rata costs are distributed for each benefited property and the Payback Agreement is submitted to the City Council for their review. The benefited property owners are notified of the date for a public hearing, and the owners may address any questions or concerns to the City Council at the public hearing. Following the public hearing, the City Council will consider whether to adopt, revise, or reject the Payback Agreement. If adopted, the Payback Agreement is recorded against each benefited property. If my septic system fails, do I have to connect to sewer? If your property is located more than 200 feet from the sewer line, you do not have to connect. What type of development or redevelopment on my property would require me to pay the public street payback? When new development takes place on your property for a use that adds more vehicle trips, as estimated by using the latest edition of the “Trip Generation Manual” by the Institute of Transportation Engineers (ITE), you would be required to pay the public street payback. The payback amount is determined on a per vehicle trip basis. The fee per trip is calculated from the cost of the improvement, divided by the highest possible number of trips for each benefitting property. Example 1: You subdivide your residential property into 5 single family lots. The Trip Generation Manual estimates 10 daily vehicle trips per residence. Each new lot would be charged for 10 vehicle trips at the time of building permit. Your existing house would not be charged. Example 2: You develop a vacant lot with an industrial use. If, based on the use and the building size, the Trip Generation Manual estimates 300 daily trips for the building, you would be charged for 300 new daily vehicle trips at the time of building permit. Page 43 of 126 - - - - - - - - - - - - - - - - - Ordinance No. 6770 August 4, 2020 Page 1 of 2 ORDINANCE NO. 6770 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PAYBACK AGREEMENT FOR UTILITIES DEVELOPER’S EXTENSION BETWEEN THE CITY OF AUBURN AND DCT INDUSTRIAL OPERATING, LLC WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes the City Engineer to develop, implement, and administer facility extension agreements for utility improvements; and WHEREAS, Chapter 3.25 of the ACC authorizes the City Engineer to execute payback agreements for public utility improvements after Council approval; and WHEREAS, Chapter 3.25 of the ACC requires that the City Council conduct a public hearing to consider approving the payback agreements; and WHEREAS, DCT Industrial Operating, LLC, has constructed the utility improvements described in the payback agreement, Exhibit A, and has agreed to deed those improvements to the City; and WHEREAS, pursuant to ACC 13.40.030, the City has received and approved plans for those improvements; and WHEREAS, the City Council finds that entry into the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. The Mayor is authorized to execute a Payback Agreement for Developer’s Extension between the City and DCT Industrial Operating, LLC, which Page 44 of 126 - - - - - - - - - - - - - - - - - Ordinance No. 6770 August 4, 2020 Page 2 of 2 agreement will be in substantial conformity with the agreement attached as Exhibit A. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance will take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. INTRODUCED: _________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: __________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: __________________________ Kendra Comeau, City Attorney PUBLISHED: _______________ Page 45 of 126 Page 46 of 126 Page 47 of 126 Page 48 of 126 Page 49 of 126 Page 50 of 126 Page 51 of 126 Page 52 of 126 Page 53 of 126 Page 54 of 126 Page 55 of 126 Page 56 of 126 Page 57 of 126 Page 58 of 126 Page 59 of 126 Page 60 of 126 Page 61 of 126 Page 62 of 126 Page 63 of 126 Page 64 of 126 Page 65 of 126 Page 66 of 126 Page 67 of 126 Page 68 of 126 Page 69 of 126 Page 70 of 126 Page 71 of 126 Page 72 of 126 Page 73 of 126 Page 74 of 126 Page 75 of 126 Page 76 of 126 Page 77 of 126 Page 78 of 126 Page 79 of 126 Page 80 of 126 - - - - - - - - - - - - - - - - - Ordinance No. 6771 August 4, 2020 Page 1 of 2 ORDINANCE NO. 6771 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE A PAYBACK AGREEMENT FOR UTILITIES DEVELOPER’S EXTENSION BETWEEN THE CITY OF AUBURN AND DCT INDUSTRIAL OPERATING, LLC WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes the City Engineer to develop, implement, and administer facility extension agreements for utility improvements; and WHEREAS, Chapter 3.25 of the ACC authorizes the City Engineer to execute payback agreements for public utility improvements after Council approval; and WHEREAS, Chapter 3.25 of the ACC requires that the City Council conduct a public hearing to consider approving the payback agreements; and WHEREAS, DCT Industrial Operating, LLC, has constructed the utility improvements described in the payback agreement, Exhibit A, and has agreed to deed those improvements to the City; and WHEREAS, pursuant to ACC 13.40.030, the City has received and approved plans for those improvements; and WHEREAS, the City Council finds that entry into the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. The Mayor is authorized to execute a Payback Agreement for Developer’s Extension between the City and DCT Industrial Operating, LLC, which Page 81 of 126 - - - - - - - - - - - - - - - - - Ordinance No. 6771 August 4, 2020 Page 2 of 2 agreement will be in substantial conformity with the agreement attached as Exhibit A. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance will take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. INTRODUCED: _________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: __________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: __________________________ Kendra Comeau, City Attorney PUBLISHED: _______________ Page 82 of 126 Page 83 of 126 Page 84 of 126 Page 85 of 126 Page 86 of 126 Page 87 of 126 Page 88 of 126 Page 89 of 126 Page 90 of 126 Page 91 of 126 Page 92 of 126 Page 93 of 126 Page 94 of 126 Page 95 of 126 Page 96 of 126 Page 97 of 126 - - - - - - - - - - - - - - - - - Ordinance No. 6772 08/04/2020 Page 1 of 2 ORDINANCE NO. 6772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE A PAYBACK AGREEMENT FOR TRANSPORTATION IMPROVEMENTS BETWEEN THE CITY OF AUBURN AND DCT INDUSTRIAL OPERATING, LLC WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes the City Engineer to develop, implement, and administer facility extension agreements for transportation improvements; and WHEREAS, Chapter 3.25 of the ACC authorizes the City Engineer to execute payback agreements for public street improvements after Council approval; and WHEREAS, Chapter 3.25 of the ACC requires that the City Council conduct a public hearing to consider approving the payback agreements; and WHEREAS, DCT Industrial Operating, LLC, has constructed the transportation improvements described in the payback agreement, Exhibit A, and has agreed to deed those improvements to the City; and WHEREAS, pursuant to ACC 13.40, the City has received and approved plans for those improvements; and WHEREAS, the City Council finds that entry into the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. The Mayor is authorized to execute a Payback Agreement for Developer’s Extension between the City and DCT Industrial Operating, LLC, which Page 98 of 126 - - - - - - - - - - - - - - - - - Ordinance No. 6772 08/04/2020 Page 2 of 2 agreement will be in substantial conformity with the agreement attached as Exhibit A. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance will take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. INTRODUCED: _________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: __________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: __________________________ Kendra Comeau, City Attorney PUBLISHED: _______________ Page 99 of 126 Page 100 of 126 Page 101 of 126 Page 102 of 126 Page 103 of 126 Page 104 of 126 Page 105 of 126 Page 106 of 126 Page 107 of 126 Page 108 of 126 Page 109 of 126 Page 110 of 126 Page 111 of 126 Page 112 of 126 Page 113 of 126 Page 114 of 126 Page 115 of 126 Page 116 of 126 Page 117 of 126 Page 118 of 126 Page 119 of 126 Page 120 of 126 Page 121 of 126 Page 122 of 126 Page 123 of 126 Page 124 of 126 Page 125 of 126 Page 126 of 126