+ All Categories
Home > Documents > City Council Meeting May 6, 2013 - 7:30 PM Auburn City ...

City Council Meeting May 6, 2013 - 7:30 PM Auburn City ...

Date post: 18-Nov-2021
Category:
Upload: others
View: 1 times
Download: 0 times
Share this document with a friend
132
City Council Meeting May 6, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute B. Roll Call C. Announcements, Appointments, and Presentations 1. John Ansotigue - "More Than We Imagined Award" The Mayor and City Council to honor John Ansotigue for his World Record finish at the 2013 World Stacking Championships. D. Agenda Modifications II. CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A. Public Hearings 1. Public Hearing for Resolution No. 4940 Wagner Dowdy City Council conduct a public hearing to receive public comment, proposals, and suggestions on Resolution No. 4940, which would declare approximately 1.10 acres of City-owned property as no longer needed for sanitary sewer utility purposes and dedication of a portion of the property as right-of-way. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C. Correspondence - (There is no correspondence for Council review.) III. COUNCIL COMMITTEE REPORTS A. Municipal Services 1. April 22, 2013 Minutes Peloza B. Planning & Community Development 1. April 22, 2013 Minutes Backus C. Public Works 1. April 15, 2013 Minutes Wagner Page 1 of 132
Transcript

City Council Meeting May 6, 2013 - 7:30 PM

Auburn City Hall AGENDA

Watch the meeting video Meeting videos are not available until 72

hours after the meeting has concluded.

I. CALL TO ORDER

A. Flag Salute

B. Roll Call

C. Announcements, Appointments, and Presentations

1. John Ansotigue - "More Than We Imagined Award"

The Mayor and City Council to honor John Ansotigue for his World Record finish at the 2013 World Stacking Championships.

D. Agenda Modifications

II. CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE

A. Public Hearings

1. Public Hearing for Resolution No. 4940 Wagner Dowdy

City Council conduct a public hearing to receive public comment, proposals, and suggestions on Resolution No. 4940, which would declare approximately 1.10 acres of City-owned property as no longer needed for sanitary sewer utility purposes and dedication of a portion of the property as right-of-way.

B. Audience Participation

This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided.

C. Correspondence - (There is no correspondence for Council review.)

III. COUNCIL COMMITTEE REPORTS

A. Municipal Services

1. April 22, 2013 Minutes Peloza

B. Planning & Community Development

1. April 22, 2013 Minutes Backus

C. Public Works

1. April 15, 2013 Minutes Wagner

Page 1 of 132

D. Finance

1. April 15, 2013 Minutes Partridge

E. Les Gove Community Campus

F. Council Operations Committee

IV. CONSENT AGENDA

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 15, 2013 regular City Council meeting

B. Claims Vouchers Partridge Coleman

Claims check numbers 421876 through 422299 in the amount of $2,506,470.54 and dated May 6, 2013.

C. Payroll Vouchers Partridge Coleman

Payroll check numbers 533756 through 533787 in the amount of $269,974.76 electronic deposit transmissions in the amount of $1,203,894.37 for a grand total of $1,473,869.13 . For the period covering April 11, 2013 - April 24, 2013.

D. Public Works Consultant Agreement AG-C-431 Wagner Dowdy

City Council grant permission to enter into Consultant Agreement No. AG-C-431 with FCS Group, Inc. for the Water, Sewer, and Stormwater Cost of Service Rate and Charge Study.

E. Public Works Project No. C410A Wagner Dowdy

City Council approve Change Order No. 5 in the amount of $8,042.23 to Contract No. 11-12 for work on Project No. C410A, 277th Wetland Mitigation Monitoring (Annual).

F. Public Works Project No. CP0817 Wagner Dowdy

City Council approve Final Pay Estimate No. 9 to Contract No. 10-17 in the amount of $11,510.04 and accept construction of Project No. CP0817, 2009 Sewer and Storm Station Replacement – Phase C – White River Storm Pump Station.

G. Public Works Project No. CP1304 Wagner Dowdy

City Council grant permission to enter into Consultant Agreement No. AG-C-433 with KPG, Inc. for engineering services for Project No. CP1304, 37th and B Street NW Pre-Signal.

H. Public Works Project No. CP1224 Wagner Dowdy

City Council grant permission to advertise for Project No. CP1224, 2013 Local Street Pavement Reconstruction Project.

V. UNFINISHED BUSINESS - (There is no unfinished business.)

VI. NEW BUSINESS - (There is no new business.)

VII. ORDINANCES

Page 2 of 132

A. Ordinance No. 6461 Backus Tate

An Ordinance of the City Council of the City of Auburn, Washington, amending Section 8.12.060 and 18.31.020 of the Auburn City Code relating to electric fences

VIII. RESOLUTIONS

A. Resolution No. 4938 Wagner Dowdy

A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South Pedestrian Improvements Project, Dogwood Street SE to Fir Street SE (Project CP1118)

B. Resolution No. 4939 Wagner Dowdy

A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South Corridor Improvements Project, Fir Street SE to Hemlock Street SE (Project CP1119)

C. Resolution No. 4940 Wagner Dowdy

A Resolution of the City Council of the City of Auburn, Washington, declaring certain real property as no longer needed for sanitary sewer utility purposes and authorizing the Mayor to execute a dedication deed thereof for City right-of-way purposes for mutual consideration

D. Resolution No. 4941 Wagner Dowdy

A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South and M Street SE Intersection Improvement Project (CP1024)

E. Resolution No. 4946 Wagner Dowdy

A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to grant an easement to Puget Sound Energy for the purpose of installing underground power facilities for the Academy Booster Pump Station Project (CP0909)

IX. REPORTS

At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations.

A. From the Council

B. From the Mayor

X. ADJOURNMENT

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.

*Denotes attachments included in the agenda packet.

Page 3 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Public Hearing for Resolution No. 4940

Date: April 25, 2013

Department: Public Works

Attachments: Staff Report Vicinity Map

Budget Impact: $0

Administrative Recommendation:

City Council to conduct a public hearing to receive public comment, proposals, and

suggestions on Resolution No. 4940.

Background Summary:

Resolution No. 4940 would declare that approximately 1.10 acres of City owned property

is no longer needed for Sanitary Sewer Utility purposes and authorize the Mayor to

execute documents necessary to dedicate a portion of the property located on the east

side of West Valley Highway between West Main Street and the SR 167 / SR 18

interchange as right of way.

Resolution No. 4940 and its supporting documentation are located under the Resolution

section of the meeting agenda.

The required public hearing provides an opportunity for any interested parties to make

comments or suggestions prior to final adoption of Resolution No. 4940.

Reviewed by Council Committees:

Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: PH.1

AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 4 of 132

1 of 2

04/24/2013

CP0916 Staff Report.doc

RIGHT-OF-WAY DEDICATION

STAFF REPORT

Right-of-Way (ROW) Dedication of property for West Valley Highway Improvements

Applicant: City of Auburn Property Location: A portion of the property located on the east side of West Valley Highway between

West Main Street and the SR 167 / SR 18 interchange Description of proposed right-of-way: This proposed ROW consists of all or a portion of real property identified by parcel numbers 142104-9050-05, 142104-9051-04, 142104-9049-09, 142104-9048-00, 142104-9075-06, containing approximately 1.10-acre. As part of Resolution No. 4940, see Exhibit “1” for the legal description of the property and Exhibit “2” for the dedication deed. Proposal: The City declare that the proposed right-of-way dedication area, which is owned by the City’s sanitary sewer utility, is no longer needed for Sanitary Sewer Utility purposes and authorize the Mayor to execute documents necessary to dedicate the property as right-of-way per Resolution No. 4940. Applicable Policies & Regulations:

• RCW’s applicable to this situation – meets requirements of RCW 35.94.040

• MUTCD standards - not affected by this proposal.

• City Code or Ordinances – not affected.

• Comprehensive Plan Policy - not affected.

• City Zoning Code - not affected. Public Benefit:

• The proposed dedication will provide sufficient right-of-way for the West Valley Highway public street and utility purposes.

• The proposed dedication will reduce the maintenance obligation for the City’s sanitary sewer utility.

Discussion: Resolution No. 4940 would declare a portion of property as no longer needed for sanitary sewer utility purposes, and authorize the Mayor to execute a dedication deed for City right-of-way purposes related to the West Valley Highway Improvements, Project No. CP0916. The City completed the West Valley Highway Improvements project, funded through grants and street revenues, that widened West Valley Highway between West Main Street and the SR 18 / SR 167 interchange, requiring additional property on the east side of West Valley Highway. The property east of West Valley Highway between West Main Street and the SR 167 / SR 18 interchange is owned by the City’s sanitary sewer utility. The City’s sanitary sewer utility acquired the property on the east side of West Valley Highway in 1990 as the result of foreclosure on liens in Consolidated Local Improvement District No. 300 and Local Improvement District No. 310. Other than as a financial interest, the property was and is not needed by the utility to provide sewer service within its service area. The 1.10-acre property to be recognized as no longer needed for sanitary sewer utility purposes is encumbered by slopes and street improvements associated with West Valley Highway. The remainder of the parcels on the east side of West Valley Highway have wetland mitigation sites, naturally occurring wetlands, or have been

PH.1 Page 5 of 132

2 of 2

4/25/2013

CP0916 Staff Report

purchased by the Washington Department of Transportation (WSDOT) for a floodplain storage facility for WSDOT’s proposed SR 167 improvements. The property proposed to be dedicated is also burdened by a King County Wetland Construction and Maintenance Easement (KC Maintenance Easement), included as Exhibit “C” of Resolution No. 4940. The KC Maintenance Easement was granted by the City to King County in 2003 in conjunction with the wetland mitigation requirements for King County’s South 277

th Street Reconstruction Project Phase III. The KC Maintenance

Easement expires on October 22, 2016 unless King County requests an extension of the maintenance period, if such extension is necessary to satisfy the requirements of the Corps of Engineers for King County’s wetland mitigation site. As part of the KC Maintenance Easement, the City agreed to incorporate the terms of the easement in any deed affecting the property subject to the easement. Therefore, the right of way dedication deed (Exhibit “2” of Resolution No. 4940) incorporates the KC Maintenance Easement. Value of proposed right-of-way: Properties are required by ACC 12.64A to complete road improvements at the time of development or redevelopment. The value of the street improvements completed by the West Valley Highway Improvements project exceeds the value of the 1.10-acre property proposed to be dedicated as right of way. In addition, in connection with this transfer of property from the Sanitary Sewer Utility to the City for municipal (right-of-way) purposes, there is value to the sanitary sewer utility to be allowed to have its lines placed within the City road rights-of-way should that be necessary in the future, and this is sufficient consideration to the Sanitary Sewer Utility for the property being dedicated. Recommendation: City staff recommends that the City declare that the proposed right-of-way dedication area is no longer needed for Sanitary Sewer Utility purposes and authorize the Mayor to execute documents necessary to dedicate the property as right-of-way subject to the following conditions:

1. Staff recommends that compensation for the value of the property not be required since the value of the street improvements completed by the West Valley Highway Improvements project exceeds the value of the property proposed to be dedicated as right of way. Furthermore, the value to the sanitary sewer utility to be allowed to have its lines placed within the City road rights-of-way, should that be necessary in the future, is sufficient consideration to the Sanitary Sewer Utility for the property being dedicated.

PH.1 Page 6 of 132

PH.1 Page 7 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: April 22, 2013 Minutes

Date: May 2, 2013

Department: Police

Attachments: April 22, 2013 Minutes

Budget Impact: $0

Administrative Recommendation:

Background Summary:

Reviewed by Council Committees:

Municipal Services

Councilmember: Peloza Staff:

Meeting Date: May 6, 2013 Item Number: MS.1

AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 8 of 132

Municipal Services Committee April 22, 2013 - 3:30 PM

City Hall Council Conference Room MINUTES

I. CALL TO ORDER

Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room of City Hall, 25 West Main Street, Auburn, WA.

A. Roll Call

Members present: Chair Bill Peloza, Vice CHair Wayne Osborne, Member John Partridge. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Finance Director Shelley Coleman, Acting Planning and Development Director Jeff Tate, Public Works Director Dennis Dowdy, Parks, Arts and Recreation Director Daryl Faber, Public Affairs and Marketing Manager Glenda Carino, Administrative/Business Services Manager Darcie Hanson and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick and Auburn Reporter representative Robert Whale.

B. Announcements

C. Agenda Modifications

II. CONSENT AGENDA

A. April 8, 2013 Minutes

Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0

III. DISCUSSION ITEMS

A. Ordinance No. 6461 - Electric Fence Code Updates (Tate)

Acting Planning and Development (P&D) Director, Jeff Tate provided the Committee with the background for Ordinance No. 6461. P&D was approached by by CEVA Logistics, located in North Auburn, regarding the electric fence that was installed on their property due to their intricate warehousing and storage of sensitive materials. After an annual inspection by the VRFA they learned that electric fences under

Page 1 of 4

MS.1 Page 9 of 132

Auburn City Code are not allowed. As such, the property owner and staff from the fencing company met with P&D staff to discuss code amendment and rationale behind city ordinance for the dis allowance of electric fences for that type of facility. Staff researched and found that the prohibition of electric fences was enacted in 1957 by the City. A lot has changed since that time in terms of technology management and upon further research, specifically what was allowed by other local jurisdictions shows that they all have some permission that allows for the use of electric fences. This Ordinance removes the designation of electric fences as a public nuisance, establishes locations where this type of security would be allowed, puts standards in the City's plan use code for fencing, and standards for the management of technology. This Ordinance has gone through the Legal department, a public hearing was held, and all necessary environmental studies have been completed. Committee discussion followed.

B. Mountain View Cemetery Update (Faber)

Parks, Arts and Recreation Director Daryl Faber updated the Committee on the Cemetery's finances for first quarter 2013. There has been a $35,000.00 increase in revenue over this same period in 2012. This success can be attributed to changes that have been implemented including a ten percent (10%) adjustment across the board to the Endowed Care, Lot and other sales fees, reduction in office staff by one FTE, and delayed the hiring of seasonal staff by a few weeks. Vice Chair Osborne commended Director Faber on the work that has been done. Member Partridge inquired about signage and Director Faber stated they will take a look at all signage to make sure nothing is too outdated and worn out. Committee discussion followed.

C. Auburn Golf Course Financial Review (Coleman)

Finance Director Shelley Coleman provided the Committee with a financial report on the Auburn Golf Course operations for first quarter of 2013. The GC operations are up by $27,000.00 in revenue versus this same time period last year. The weather has been far better this year and staff also aerated in March as opposed to April. Overall, the total operating expenses are below twenty five percent (25%) of the budget. Chair Peloza inquired about the $50,000.00 payback discussed in a previous MSC meeting and Director Coleman advised that the payment has been made but does not show up on this quarterly report as it was paid in the month of April. Member Partridge stated it would be helpful to view the financial information in a month-to-month (Pro Forma) format as opposed to looking at it in a quarterly format against the annual budget. Director Coleman will provide the new report format at a MSC meeting in May. Committee discussion followed.

Page 2 of 4

MS.1 Page 10 of 132

D. Animal Control Licensing Program (Coleman)

Finance Director Shelley Coleman presented a cost analysis between Auburn Valley Humane Society (AVHS) and King County Animal Control (KCAC) as requested by Council. The comparison was based on a "what-if" scenario sent to the City from KCAC in July 2012 showing 2013 costs for their services. The 2013/2014 City budget was used to determine the AVHS costs. Marketing costs were included in this comparison. No indirect administrative costs are included in this report. The conclusion is that the budget savings to the City in 2013 is $19,700.00 and in 2014 it's $164,000.00. Vice Chair Osborne wanted to know what the exact amount is that is coming out of the General Fund for animal control. Mayor Lewis stated that Finance will provide the Committee a Pro Forma listing all the costs and the income for the first year. Director Coleman will provide this information to Council. Committee discussion followed.

E. SCORE Jail Stats (Coleman)

Finance Director Shelley Coleman distributed SCORE jail statistics and costs to the Committee for informational purposes only. The costs for each member City for SCORE maintenance and operations (based on the Interlocal Agreement) is based on each City's average daily population (ADP). The ADP is a 12-month average per City and the period runs from April 1 through March 31 of the preceding budget year. The significance of this information is the City of Auburn's ADP has decreased from the prior year and the 2014 SCORE budget is now set based on the ADP of 84 instead of 122. This represents a six and one half percent (6-1/2%) reduction or a $1.17 million dollars in savings for the 2014 budget year. The decrease can be attributed to the change in court systems from Auburn Municipal to King County District and the sentencing philosophy. Committee discussion followed. 57:16

F. Redflex Contract (Coleman)

Mayor Lewis advised that based on the request at the previous Municipal Services Committee meeting Finance Director Shelley Coleman has met with Redflex regarding the extension of their current contract. Redflex responded to the request and is willing to extend the contract for one year under the existing terms. The new expiration date would be May 31, 2014. King County District Court will bill the City for court services related to photo enforcement hearings during this time. The Committee's recommendation to do a Request for Proposals (RFP) will begin and will be brought back to the MSC within the next 90-120 days. Committee discussion followed.

G. Red Light Photo Enforcement Update (Lee)

Page 3 of 4

MS.1 Page 11 of 132

Assistant Chief of Police Bill Pierson presented the first quarter 2013 report on the Red Light Photo Enforcement program. The program was launched to assist in traffic safety and enforcement in the City of Auburn on June 30, 2006. Since that time statistics show a consistent reduction of red light violations and associated collisions, along with incidents of speeding in designated school zones. The camera located at M Street SE and Auburn Way South is currently inoperable due to construction and the camera system at this intersection is down while construction continues. It will be put back in operation once construction is completed. Additionally, the camera at Arthur Jacobsen was installed at the school's request and is adjusted based on morning drop off and afternoon pick up times. Committee discussion followed.

H. Project Matrix

The following updates were made to the Project Matrix. Item 10P: Review date changed to 7/22/13. Item 20P: Review date changed to 7/1/13. Item 24P: Status updated. Item 27P: Review date changed to 5/20/13. Status updated. Item 29P: Review date changed to 7/22/13. Item 31P: Review date changed to 7/22/13. Status updated. Item 5I: Review of Cemetery Endowment Care fund was removed. Item 6I: Review date changed to 6/24/13. Item number updated to 5I. New Item of Interest added and assigned Item 6I. Title is SCORE Jail Stats; lead is Director Shelley Coleman; review date is 7/22/13. Status included.

IV. ADJOURNMENT

The meeting was adjourned at 5:21 p.m. The next regular meeting is scheduled for May 13, 2013 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Signed this __________ day of May, 2013. ___________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe

Page 4 of 4

MS.1 Page 12 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: April 22, 2013 Minutes

Date: April 30, 2013

Department: Planning and Development

Attachments: April 22, 2013 Draft Minutes

Budget Impact: $0

Administrative Recommendation:

For information only.

Background Summary:

Reviewed by Council Committees:

Councilmember: Backus Staff:

Meeting Date: May 6, 2013 Item Number: PCD.1

AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 13 of 132

Planning and Community Development

April 22, 2013 - 5:00 PM Annex Conference Room 2

MINUTES

I. CALL TO ORDER

Vice-Chair Holman called the meeting to order at 5:00 p.m. in Annex Conference Room No. 2 located on the second floor of one main Professional Plaza, One East Main Street, Auburn, Washington. Chair Nancy Backus arrived at 5:47 p.m.

A. Roll Call

Chair Nancy Backus, Vice-Chair John Holman, and Member Largo Wales were present. Also present were Mayor Pete Lewis, Planning and Development Interim Director Jeff Tate, Planning Manager Elizabeth Chamberlain, Environmental Protection Manager Chris Andersen, Economic Development Manager Doug Lein, and Planning and Development Secretary/Scribe Tina Kriss. Members of the audience present included: Planning Commissioner Yolanda Trout and Citizen Scot Pondelick.

B. Announcements

There were no announcements.

C. Agenda Modifications

There were no agenda modifications.

II. CONSENT AGENDA

A. April 8, 2013 (Tate)

Member Wales moved and Vice-Chair Holman seconded to approve the April 8, 2013 minutes as written. Motion Carried Unanimously. 2-0

III. ACTION

A. Ordinance No. 6461- Electric Fence Code Updates (Tate) Committee to review and recommend forwarding proposed Ordinance No. 6461 to full City Council for approval.

Page 1 of 5

PCD.1 Page 14 of 132

Planning and Development Interim Director Jeff Tate provided background information on Ordinance No. 6461, proposed amendments to Section 8.12.060 and 18.31.020 of Auburn City Code relating to Electric Fences. On April 2, 2013, the Planning Commission scheduled a public hearing for the proposed code amendments. Following the public hearing, the Planning Commission voted unanimously to recommend to City Council that the proposed amendments to City Code be adopted. Ordinance No. 6461 was presented as a discussion item at today's (April 22, 2013) Municipal Services Committee Meeting. The Committee had no objections and was supportive of moving the ordinance forward to full City Council. Vice-Chair Holman moved and Member Wales seconded to recommend that City Council adopt Ordinance No. 6461. Motion Carried Unanimously. 3-0 Note: This item was delayed until Chair Backus arrived at the meeting.

IV. DISCUSSION ITEMS

A. City of Auburn Floodplain Management (Andersen) Staff will provide an overview of the various floodplain management activities in Auburn and present information regarding the costs and coverage of flood insurance in the City.

Environmental Protection Manager Chris Andersen reviewed the City of Auburn's Floodplain Management program and provided an overview of the recent floodplain updates and anticipated changes ahead. Committee and staff discussed flood insurance costs, the national flood insurance program, and ratings system that the City participates in and proposed future floodplain changes. Staff explained that both local and national-scale development related to floodplain management in the City have a direct effect on land use, economic development, and municipal resource allocations that require policy planning. Staff anticipates providing future briefings to the Committee on the following Floodplain Management topics:

• May 13, 2013 - Focus: Flood insurance in auburn, the National Flood Insurance Program (NFIP), and the Community Rating

Page 2 of 5

PCD.1 Page 15 of 132

System (CRS).

• May 28, 2013 - Focus: Flood risk mapping, flood control, and flood response in Auburn.

• June 10, 2013 - Focus: Flood risk management, land use, and floodplain policy in Auburn.

B. Student and Rental Housing (Tate/Chamberlain) Continue to discuss ideas and issues pertaining to student and rental housing.

Planning Manager Chamberlain reported that in the short term, as it relates to Student Rental Housing, staff will be taking forward a request to the Planning Commission to modify the definition of family to remove the "or group of eight or fewer residents who are not related by blood or marriage customarily living together as a single housekeeping unit and using common cooking facilities". As part of the larger discussion on student rental housing, at its April 8, 2013 meeting the Committee requested staff bring back a matrix of regulations from other jurisdictions for discussion on what might work best for the City of Auburn. Committee and staff reviewed the matrix. To begin addressing issues of student housing near the college campus, Committee provided the following feedback:

• The Committee was supportive of changing the definition of family to remove the “or group of eight or fewer residents who are not related by blood or marriage customarily living together as a single housekeeping unit and using common cooking facilities”.

• The Committee was unsure about distance limitation for student housing and wanted staff to research further.

• The Committee was supportive of having an occupancy standard of 3-4 people per dwelling.

• The Committee would like staff to explore utilizing the City’s existing rental housing license program and expand it to include a local contact, “contract” for the landlord to follow, and identify the current code applicable to property maintenance.

Page 3 of 5

PCD.1 Page 16 of 132

• The Committee emphasized that City Code currently has measures in place to manage rental properties and the City should be cautious in being too prescriptive by creating additional regulations.

• The Committee recommended staff meet with Green River

Community College to present these ideas and recommend the college hold public outreach meetings to introduce these concepts before going before the Planning Commission for discussion.

C. City of Auburn Strategic Plan/Comprehensive Plan Update (Tate/Chamberlain) Continuation of previous PCD and Committee of the Whole discussions on next steps and schedule.

Jeff Tate, Planning and Development Interim Director, explained that pursuant to RCW 36.70A.130(5), the City of Auburn is required to have completed an update to its Comprehensive Plan by June 30, 2015. During the February 28, 2013 Committee of the Whole meeting, City Council reviewed several examples of Strategic Plans enacted by other jurisdictions and expressed an interest in developing such a plan for Auburn. The Comprehensive Plan and Strategic Plan are two stand-alone documents; however, it is necessary that they be consistent and supportive of each other. Staff believes, in order to be consistent and supportive of each other, the two documents need to be updated/created in a parallel process; Committee concurred. In answer to several questions from staff, pertaining to the development strategy for outreach, visioning, target audiences, and other strategies, Committee provided the following feedback:

• A community and neighborhood visioning exercise should be included (staff to provide the framework that includes all necessary state requirements).

• The Committee would like City staff and/or Department Directors included in the process.

• The Committee would like to hold full Council work sessions to obtain guidance on planning the documents.

• The Committee is supportive of holding a late winter of 2014 City Council retreat to finalize the vision and begin working on policy direction.

Page 4 of 5

PCD.1 Page 17 of 132

• The Committee would prefer to provide matrices to highlight

features of the Comprehensive Plan and Strategic Plan.

D. Director's Report (Tate)

Planning and Development Interim Director Jeff Tate provided the following updates to Committee: Landmark Development Group is slated for submittal of application on June 30, 2013; the Pre-Application meeting on the project was held April 17, 2013. Five of the six screens at the Valley 6 Drive-In Theater have been removed as part of the demolition for the Robertson Property Group (RPG) project. Last year at this time, 73 new single family home permits were issued compared to 130 this year. Last year at this time, 66 commercial permits were issued with a construction value of $11,200,000.00; this year 86 permits have been issued with a construction value of $82,500,000.00. Last year at this time, City staff performed 1,888 inspections and this year staff have performed 3,637. This includes approximately 180 inspections performed on behalf of the City of Enumclaw.

E. PCDC Matrix (Tate)

Committee reviewed the matrix and requested no changes or additions.

V. ADJOURNMENT

There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:24 p.m. DATED THIS ______ day of ___________________, 2013. _________________________ _________________________ Nancy Backus - Chair Tina Kriss - Planning Secretary

Page 5 of 5

PCD.1 Page 18 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: April 15, 2013 Minutes

Date: April 29, 2013

Department: Public Works

Attachments: April 15, 2013 Draft Minutes

Budget Impact: $0

Administrative Recommendation:

Background Summary:

Reviewed by Council Committees:

Public Works

Councilmember: Wagner Staff:

Meeting Date: May 6, 2013 Item Number: PW.1

AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 19 of 132

Public Works Committee April 15, 2013 - 3:30 PM

Annex Conference Room 2 MINUTES

I. CALL TO ORDER

Vice-Chair Bill Peloza called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington.

A. Roll Call

Vice-Chair Bill Peloza, acting as Chair, Member Wayne Osborne, and sitting in, Councilmember John Holman were present. Also present during the meeting were: Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Traffic Engineer James Webb, Engineering Aide Amber Mund, Project Engineer Seth Wickstrom, Project Engineer Kim Truong, Financial Planning Manager Martin Chaw, Finance Director Shelley Coleman, Environmental Services Manager Chris Andersen, Interim Planning Director Jeff Tate, and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Scot Pondelick and Claude Dacorsi. Chairman Rich Wagner was excused from the meeting. Vice-Chair Peloza thanked Councilmemeber Holman for sitting in for the absence for Chairman Wagner, who is ill.

B. Announcements

There were no announcements.

C. Agenda Modifications

Director Dowdy stated that Chairman Wagner asked that Discussion Item E be deferred until the next Public Works Committee Meeting, Monday, May 6, 2013. The Committee agreed to modify the agenda, deferring Discussion Item E as requested.

II. CONSENT AGENDA

A. Approval of Minutes

Vice-Chair Peloza requested an amendment to paragraph 3 on page 2 Page 1 of 12

PW.1 Page 20 of 132

of 8, the agreement is between the City for the Farmers’ Market and Sound Transit. On page 4 of 8, Vice-Chair Peloza asked that the phrase, “…until all information is available for review by the Committee.” Vice-Chair asked that it be noted that Chairman Wagner stated the NPDES draft summary was too technical and long, on page 5 of 8. It was moved by Member Osborne, seconded by Vice-Chair Peloza, that the Committee approve the Public Works Committee Meeting minutes for date, April 1, 2013, as amended. Motion carried 2-0. Member Holman abstained.

B. Right-of-Way Use Permit 13-05 (Mund)

Engineering Aide Mund was present. There were no questions from the Committee. It was moved by Member Osborne, seconded by Member Holman, that the Committee approve Right-of-Way Use Permit No 13-05 for the Parks, Arts, and Recreation Department's 2013 Clean Sweep Event. Motion carried 3-0.

C. Public Works Consultant Agreement AG-C-431 (Repp)

Utilities Engineer Repp explained the scope of work for the agreement as presented to staff by the consultant, FCS Group. Staff is recommending that the City use FCS Group to conduct the Cost of Service study. Utilities Engineer Repp stated that the Committee requested to review the full scope of work, which was included in the Committee’s agenda packets and also included is material requested by Chairman Wagner, tables from a previous Cost of Service Study, which has been discussed with the consultant and has been included in the Scope of Work. In response to a question asked by Vice-Chair Peloza regarding customer equity, Utilities Engineer Repp explained that purpose of a cost of service analysis is to determine the cost of utility service to an individual group of customers/service classes allowing Council the data needed to adjust the rate to distribute those costs to the different service classes. The final distribution of cost and supporting rate is decided by the City Council. The distribution of the cost of operating a utility across different classes of customers is the customer equity and the consultant will be reviewing how the cost is distributed equitably. Mayor Lewis provided an example based on the last cost of

Page 2 of 12

PW.1 Page 21 of 132

service study conducted. Utilities Engineer Repp discussed the difference between a utility rate study, developing rates, and a Cost of Service analysis, following a question asked by Vice-Chair Peloza. The rate study defines the costs for operating utilities and meeting revenue requirements and the cost of service analysis takes the rate information and distributes that information across the customer classes. Utilities Engineer Repp defined the term “plant” as it is used in the scope of work, in response to a question asked by Vice-Chair Peloza. The Committee and Utilities Engineer Repp discussed the flexibility that is included in the scope of work in the case a methodology does not meet the City’s current needs and some different option need to be explored. Director Dowdy stated that one of the things being reviewed is how to distribute the cost of purchasing water. Director Dowdy spoke about the cost to maintain the Braunwood system, in response to a question asked by Vice-Chair Peloza. Utilities Engineer Repp discussed the ability to include wholesale customers in the cost of service study, if it is decided by the Committee that they be included. Repp also said that staff will be asking for the Committee’s recommendation regarding which optional tasks to include in the study, in response to a question asked by Member Osborne. Utilities Engineer Repp answered questions asked by Member Osborne regarding what will be included in the analysis and calculations for average usage. Councilmember Holman asked if staff is looking to the Committee for guidance on whether or not to include the optional study tasks in the scope of work. Utilities Engineer Repp answered that ultimately staff will ask for guidance from the Committee. Mayor Lewis asked if the Committee is recommending that the entire scope of work be approved by Council, including the optional tasks. Director Dowdy spoke about the benefit of completing the optional tasks and how they relate to the discussion about System Development Charges (SDCs).

Page 3 of 12

PW.1 Page 22 of 132

Vice-Chair Peloza asked if the City has to complete the study at this time and what the consequences of not conducting the study at this time would be. Utilities Engineer Repp answered that the study does not need to be complete right now and the rate structure will remain unaltered and the utilities will continue to achieve its revenue goals based on the current structure. Repp continued, explaining that the City has not conducted a cost of service study in several years, since 1996, and discussed the benefit of examining the distribution of the cost of service across the customer classes. Utilities Engineer Repp stated that staff does feel that some of the optional tasks would be a definite benefit to the City, such as the examination of the Braunwood system and SDCs. Director Dowdy discussed the system costs related to fire flow. Member Osborne noted the importance of analyzing the cost of purchasing water from Tacoma and determining how the City needs to distribute the cost. Utilities Engineer Repp discussed the benefit of the cost of service study to citizens, in response to a question asked by Vice-Chair Peloza. It was moved by Member Osborne, seconded by Member Holman, that the Committee recommend Consultant Agreement No. AG-C-43 be moved to the Finance Committee for discussion and Council for approval. Motion carried 3-0.

D. Public Works Project No. MS1203 (Para)

Transportation Manager Para stated that all of the repairs of the signal and safety improvements at the intersection of West Valley Highway and 15th Street SW are complete. Vice-Chair Peloza asked if the City received full enumeration of the expenses. Transportation Manager Para answered that the City recuperated the majority of the cost. It was moved by Member Osborne, seconded by Member Holman, that the Committee Approve Final Pay Estimate No. 1 to Small Works Contract No.12-22 in the Amount of $30,108.94 and Accept Construction of Project No. MS1303 15th Street SW & West Valley Signal #128 Repair. Motion carried 3-0.

III. DISCUSSION ITEMS

Page 4 of 12

PW.1 Page 23 of 132

A. February 2013 Financial Report (Coleman)

Finance Director Coleman explained to the Committee why the Sewer fund ended the period with an operating loss, following a question asked by Vice-Chair Peloza. Finance Director Coleman discussed how the Streamlined Sales Tax mitigation payments are included in the Financial Report. Coleman reported that the City will be paying less to SCORE in 2013, in response to questions asked by Vice-Chair Peloza. The SCORE budget will be discussed at the next Municipal Services Committee Meeting. Finance Director Coleman addressed questions asked by Vice-Chair Peloza regarding the Intergovernmental funds and Miscellaneous Revenues by Type table. Coleman stated that water utility bills are usually highest in September and October, in response to questions asked by Vice-Chair Peloza, regarding the Water Revenue graph. Finance Director Coleman stated that she would get more information regarding the Public Safety figures for Member Osborne. Member Osborne noted that the revenue for sewer should start to increase following last year’s rate increases and there should be less of an operating loss in the future. Finance Director Coleman confirmed that to be correct.

B. Utility Amnesty Program (Coleman)

Finance Director Coleman reported that staff is very pleased with the results of the Amnesty Program. Member Osborne asked what happens to the accounts of the holders who did not take advantage of the Amnesty Program. Coleman answered that the accounts have been forwarded to a collection agency that has issued 30-day notices that the balances need to be paid with in 30 days. If the account holders do not pay then the collection agency will begin collection action. Member Holman asked about the collection agency fee. Finance Director Coleman stated the fee is 25%. Member Osborn asked if the collection agencies have an opportunity to collect on foreclosed properties. Mayor Lewis answered that they do. Finance Director Coleman stated that there are liens on all of the

Page 5 of 12

PW.1 Page 24 of 132

properties and in order to be sold, the liens must be paid. Finance Director Coleman confirmed that the City cannot put a lien on property on the Muckleshoot reservation, following a question asked by Member Holman. Coleman said that the Muckleshoot/Riverwalk Area includes accounts are as well as are not tribal accounts. Vice-Chair Peloza asked if the Administration is working with the tribe toward resolution. Mayor Lewis said that they are working on it.

C. 2013 Local Street (SOS) Reconstruction Project Update (Wickstrom)

Project Engineer Wickstrom distributed the project vicinity maps to the Committee. Wickstrom reviewed the scope of the project with the Committee. Park Avenue, Auburn Way N to the Veterans’ Memorial Park Entrance: Project Engineer Wickstrom stated that the pavement and curb and gutter will be rebuilt. Some of the driveways will need to be replaced due to grades and staff is planning to preserve most of the existing sidewalk. Storm system improvements are also included. Vice-Chair Peloza asked for the total value of that section of the project. Project Engineer Wickstrom answered that the estimate is approximately $355,000.00. Mayor Lewis responded to a question asked by Member Osborne regarding how streets are selected for the SOS projects. Mayor Lewis explained that every year the engineering staff reviews the condition of the priority eligible streets, reviews the funds available for projects and funds available for necessary utility improvements and then determines which streets are included in the project for the year. H Street NE, 4th Street NE to 8th Street: All of the pavement will be rebuilt. Some of the curb and gutter will be salvaged on the east side of the street but on the west side all of the curb and gutter will be replaced. Project Engineer Wickstrom stated that there are speed cushions on the roadway that will be replaced with bulb outs. Assistant Director/City Engineer Selle stated that the bulb outs will not only provide for traffic calming but will also shorten the length of the pedestrian crossings. Vice-Chair Peloza asked for the Engineer’s estimate for H Street NE. Wickstrom answered that the estimate is $1.65M for the street, water, storm, and sewer improvements. Director Dowdy explained that there may also be overages because until H Street NE is excavated, staff does not know how much bad soil will need to be removed from under the pavement. Director Dowdy

Page 6 of 12

PW.1 Page 25 of 132

stated that there was also a neighborhood meeting held to inquire whether or not the property owners wanted to finance a Local Improvement District (LID) for sewer. The property owners voted against forming an LID. Wickstrom said that the driveways will also be replaced. The plan is to try and salvage as much sidewalk as possible but the landscape strip is narrow and because the curb and gutter is being replaced, that may not be possible in some locations. There will also be a new storm drainage system included in the scope as well as replacement of a small piece of existing sanitary sewer line. 5th Street NE, H Street NE to East Cul-du-Sac: The road will be rebuilt and curb and gutter replaced. There are large dips in the road that will be repaired. There is a portion of the road that is not in as bad of a condition and that portion will be overlayed. New storm drainage will also be installed. Project Engineer Wickstrom explained that the cost for 5th Street NE is included in the cost for N Street NE, in response to a question asked by Vice-Chair Peloza. Vice-Chair Peloza asked for the cost per square foot. Director Dowdy stated that the cost per square foot has not been calculated and that the cost will vary depending on the street. V Street SE, 3rd Street Court to 4th Street SE: Waterline replacement is included in the project scope. Part of the roadway will be overlayed and the other part of the street will likely be rubbilized and repaved, but Project Engineer Wickstrom said that a final decision on the treatment type has not been made yet. The roadway will be widened from 15ft to 20ft to better accommodate two-way traffic. Vice-Chair Peloza asked for the Engineer’s estimate. Wickstrom answered that the estimate for the waterline work is $125,000.00 and there is no estimate for the street improvements at this time. 23rd Street SE, M Street SE to R Street SE: Project Engineer Wickstrom stated that this portion of the project will be a lot like the work that was completed as part of last year’s project on 22nd Street SE. A section of the pavement will be overlayed and the remainder will be rebuilt. The water lines will be replaced and there will be storm improvements included in the project’s scope. The current Engineer’s estimate for the street and storm is $530,000.00 and the water improvements are $200,000.00.

Page 7 of 12

PW.1 Page 26 of 132

Project Engineer Wickstrom said that the current waterlines on the surrounding streets are usually undersized and old and the new line will be 8-inch, responding to a question asked by Member Osborne.

D. Public Works Project CP1120 Lea Hill Safe Route to School Project Update (Truong)

Project Engineer Truong presented the improvement plans for the Lea Hill Safe Route to School Project which includes safe walking and bicycle routes for three schools in the Lea Hill Area. There are two sites included in the project, one on 116th Street between 312th and 304th Streets. Truong stated that staff is proposing to install approximately a mile of bicycle lane striping and install 8 ADA accessible curb ramps. At the second project site, the intersection of 124th Street and 312th Street, just south of Lea Hill Elementary School, staff is proposing the installation of approximately 600 feet of new sidewalk, curb and gutter, as well as bicycle lane striping, signage, and City telecommunication lines. An upgrade to the signal at the intersection to accommodate ADA pedestrian push-button/audible count down signals is also included in the project design. Member Osborne asked if the bicycle lanes are primarily for adult cyclists or for the school children. Project Engineer Truong answered that they are for the entire community and will provide students an additional route to school. Truong noted that the purpose of the project is to encourage students to use the sidewalks and bicycle lanes to travel to and from school to help reduce traffic congestion in the area, improve air quality, and reduce the amount of students required to be bussed to school. Member Osborne asked if the schools are considered walking or non-walking schools. Transportation Manager Para answered that staff worked with the school district on the grant application and part of what the project will do is help expand the schools designated walking area. The schools currently bus a large portion of areas and following the completion of the improvements, school children will be encouraged to walk and eliminate some bus routes. Mayor Lewis noted that state wide students are being encouraged to walk or bicycle to school.

E. Cascade Water Supply Offer (Dowdy/Repp)

This item was rescheduled for the next Public Works Committee Meeting, May 6, 2013, to be discussed in Executive Session.

F. King County Flood Insurance Outreach Materials (Dowdy/Andersen) Page 8 of 12

PW.1 Page 27 of 132

Environmental Services Manager Andersen and the Committee reviewed a copy of the brochure that King County sent out October of 2012 to the City’s property owners in the special floor hazard risk areas. Vice-Chair Peloza asked if King County advised property owners, with a formal letter, that their property is within the flood plain and that they should consider acquiring flood insurance. Andersen answered that he is not aware of any such notification and that the brochure provided to the Committee for discussion is that only publication that was mailed out in the City of Auburn. Environmental Service Manager Andersen verified that the brochures were mailed to property owners with property in the 100-year Flood Plain, following a question asked by Member Osborne. Vice-Chair Peloza stated that he believes the City should make an inquiry with the County as to whether or not they will provide the property owners with a more official notification. Member Osborne suggested possible asking that the brochure be reworded; notifying recipients that the information contained in the brochure is applicable to them because their property is within the 100-year Flood Plain. Andersen noted that when home loans are federally backed, flood insurance is required by law and other lenders may also require flood insurance. Environmental Services Manager Andersen explained that the Community Ready System (CRS) Program and that program has changed. There is an updated 2013 manual and the types of activities that FEMA is looking for communities to engage in with regard to public information, outreach and flood warning have changed. Andersen said that staff will be reviewing the City’s program against the new requirements. Andersen stated that there will probably be a number of opportunities to refine the City’s public outreach, add to what the City is doing or to partner with others to take advantage of their public outreach programs. This will help to get the word out more directly to property owners as well as maximize the City’s getting credit in the CRS Program, which ultimately affects the premiums of policy holders. Andersen spoke about the possibility of obtaining grants to fund public outreach, in response to a question asked by Member Osborne. Vice-Chair Peloza asked that staff contact King County and relay the Committee’s observation that the current brochure does not alert people to the fact that they are in the flood plain. Vice-Chair Peloza suggested that the he speak to State Councilmember von Reichbauer regarding the issue.

Page 9 of 12

PW.1 Page 28 of 132

Andersen stated that at last count there are 317 structures in the Special Flood Hazard Area and approximately 630 tax parcels. In May 2012 there were 1,509 flood insurance policies in effect in the City. Vice-Chair Peloza asked that the King County Flood Insurance Outreach Materials item remain on the matrix until after staff follows up with King County and him with Councilmember von Reichbauer and the Committee feels more comfortable with the community outreach.

G. 2014 - 2019 Transportation Improvement Program (Webb)

Transportation Manager Para stated that staff is beginning the annual update of the Transportation Improvement Program (TIP), which is required by the State. Transportation Manager Para confirmed that there are four additions to the TIP and so far no projects have been removed. TIP #5 – M Street Underpass (3rd Street SE to 8th Street SE): Vice-Chair Peloza noted that in the Progress Summary, the completion date listed is 2014. Transportation Manager Para verified that the estimated completion date is still July 2013 and the Progress Summary needs to be updated. Transportation Manager Para responded questions asked by Member Osborne regarding the reasons why some projects have been rescheduled out additional years. Transportation Manager Para answered that the estimated budgets for the new projects are still being calculated, following a question asked by Member Osborne. Transportation Manager Para stated that the TIP will be brought back to the Committee for review several times prior to it being taking to the Planning and Community Development Committee for action. There is also a major update to the Comprehensive Transportation Plan scheduled for 2013 and that will generate potential projects and may also change the scope and descriptions of the projects already included in the TIP.

H. Capital Project Status Report (Gaub)

Item 9 – C201A – M Street Underpass: Member Osborne asked if both tracks are completed. Assistant City Engineer Gaub answered that both are not yet completed. The girders for the second bridge are tentatively scheduled to be set on April 22nd. Assistant City Engineer Gaub reported that it will probably be in late

Page 10 of 12

PW.1 Page 29 of 132

June when the roadway will be open and there will be some final clean up and work to complete following reopening of the road. Item 33 – CP1201 – 2012 Local Street Pavement Reconstruction: Assistant City Engineer Gaub confirmed for Vice-Chair Peloza that paving of J Street SE is complete.

I. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub)

The Committee discussed the reason for the creation of the report. There were no questions from the Committee regarding the report.

J. Action Tracking Matrix (Dowdy)

Item M – Pedestrian Visibility Improvements on A Street NW (Northwest Post Office Exit): Transportation Manager Para stated that the sign is not posted yet, but staff is working with the Post Office. The sign is on Post Office property and their staff will be installing improvements to the signage. Item B – Track Completed Projects on the 2013 Active Capital Improvement Projects Map: Assistant City Engineer Gaub reported that the completed projects for the first quarter of 2013 have been included on the map. Member Osborne asked that a copy of the map be posted in the Councilmember offices in City Hall. Item O – King County Flood Insurance Mailers – Quality Check: Vice-Chair Peloza asked that the status be update to reflect the day’s discussion. Assistant Director/City Engineer Selle reported that the temporary sidewalk repairs on A Street NW are completed, in response to a question asked by Vice-Chair Peloza. Transportation Manager Para stated that the repairs were made with cold mix asphalt and that portion of the sidewalk will be included in the current list for repairs. Vice-Chair Peloza requested that Item P be added to the matrix, regarding a request for the City to examine whether or not a streetlight can be installed on a wooden pole on 112th and 295th Streets.

IV. ADJOURNMENT

There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:05 p.m. Approved this 6th day of May, 2013.

Page 11 of 12

PW.1 Page 30 of 132

Page 12 of 12

PW.1 Page 31 of 132

jcusmir
Typewritten Text
_________________________________ ________________________________ Rich Wagner, Chairman Jennifer Cusmir, Public Works Department Secretary
jcusmir_0
Typewritten Text
jcusmir_1
Typewritten Text
jcusmir_2
Typewritten Text
jcusmir_3
Typewritten Text
jcusmir_4
Typewritten Text
jcusmir_5
Typewritten Text

AGENDA BILL APPROVAL FORM

Agenda Subject: April 15, 2013 Minutes

Date: April 30, 2013

Department: Administration

Attachments: April 15, 2013 Finance Committee

Minutes

Budget Impact: $0

Administrative Recommendation:

Background Summary:

Reviewed by Council Committees:

Finance

Councilmember: Partridge Staff:

Meeting Date: May 6, 2013 Item Number: FN.1

AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 32 of 132

Finance Committee April 15, 2013 - 5:30 PM

Annex Conference Room 1 MINUTES

I. CALL TO ORDER

Chair John Partridge called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn.

A. Roll Call

Chair John Partridge, Vice Chair Largo Wales and Member John Holman were present. City officials and staff members present included: Mayor Peter B. Lewis, Finance Director Shelley Coleman, City Attorney Daniel B. Heid, Innovation and Technology Director Ron Tiedeman, Public Works Director Dennis Dowdy, and City Clerk Danielle Daskam. Also present was Scot Pondelick.

B. Announcements

There was no announcement.

C. Agenda Modifications

There was no change to the agenda.

II. CONSENT AGENDA

A. Minutes of the April 1, 2013 Meeting

Member Holman moved and Vice Chair Wales seconded to approve the April 1, 2013 minutes. MOTION CARRIED UNANIMOUSLY. 3-0

B. Claims Vouchers (Coleman) Claims check numbers 421592 through 421875 in the amount of $4,850,174.97 and dated April 15, 2013.

Committee members reviewed the claims and payroll vouchers and briefly discussed claims voucher numbers 421592, 421794 and 421874.

Page 1 of 5

FN.1 Page 33 of 132

Vice Chair Wales moved and Member Holman seconded to approve and forward the claims and payroll vouchers to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0

C. Payroll Vouchers (Coleman) Payroll check numbers 533722 through 533755 in the amount of $852,513.66 and electronic deposit transmissions in the amount of $1,175,116.50 for a grand total of $2,027,630.16 for the period covering March 28, 2013 - April 10, 2013.

See claims vouchers above for action on payroll vouchers.

III. DISCUSSION ITEMS

A. February 2013 Financial Report (Coleman)

Finance Director Coleman presented the February 2013 Financial Report. Committee members reviewed General Fund revenues and expenditures to date and the status of the enterprise funds. Director Coleman noted that General Fund revenues totaled $7.5 million year-to-date, while expenditures totaled $7.8 million. Property tax revenues are expected in April 2013. Director Coleman pointed out that revenues under Public Safety previously included probation fees. King County District Court retains the probation fees for their probation program. The City will no longer be receiving probation revenue, and the budget will be adjusted in the future to reflect the change. Director Coleman cautioned that some of the General Fund revenues are received quarterly and will be reflected in future monthly reports. Director Coleman noted that the City has received increased permit and plan review fees due to the permitting for several large projects, including the Auburn High School Reconstruction and Modernization project. Director Coleman pointed out that the monthly financial report includes a new graph for pet licensing, and the graphs for the Golf Course and Cemetery include a new data point for 2013 operating expenses. Chair Partridge stated that thus far in 2013, 60 percent of those who licensed their pets with King County at this time last year have relicensed their pets with Auburn. Mayor Lewis stated that he expected pet license receipts to be higher. In taking pet licensing over from King County, it is hoped that over a period of time and developing

Page 2 of 5

FN.1 Page 34 of 132

a relationship with the humane society and the veterinarians, that the licensing numbers can be increased. In response to a question from Member Holman, Finance Director Coleman reported that she will be giving a financial analysis related to the City's contract for services with Auburn Valley Humane Society at the next Municipal Services Committee.

B. Resolution No. 4932 (Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract for services with Avidex Industries, LLC for audio visual systems

Innovation and Technology Director Tiedeman presented Resolution No. 4932 approving a contract with Avidex for the upgrade of audiovisual equipment, services and technology in City facilities. Originally the project was funded through budget and franchise fees to upgrade the Council Chambers AV equipment only. However, after reviewing the needs of the City and the cost of upgrading the Council Chambers alone, staff recommends utilizing Avidex expertise to identify a scalable solution to upgrade and enhance technology with the ability to expand City services now and in the future. The project includes the entire City Hall, including Council Chambers, meeting rooms, second floor, digital signage, and golf course, with the ability to extend out to other facilities. The current system is essentially proprietary and over ten years old. The proposed solution creates a framework of engineering and technical standards that will allow IT staff to continue adding services in the future. Mayor Lewis stated that each department pays a portion of their budget to an interfund for innovation and technology maintenance services and replacement. Member Holman expressed concern about expending $50,000 for IT equipment at the golf course. Member Holman suggested that the Council revisit the plans for the IT improvements at the golf course before the funds are expended. Finance Director Coleman reminded that each department, including the Golf Course, pays a portion of their budget for IT interfund services. Additionally, franchise fees paid by Comcast can be used for either General Fund or any enterprise fund IT services. Director Tiedeman explained that the golf course improvements include technology improvements to the banquet room, pro shop, and event displays. The technology improvements are considered for the

Page 3 of 5

FN.1 Page 35 of 132

business side of the enterprise to encourage more tournaments and more use of the banquet facilities. Mayor Lewis reiterated that each department, including the Golf Course, pays a portion of their budget for IT interfund services. The funds are not intended for any other use other than technology improvements. Member Holman stated that he may offer an amendment at the Council meeting this evening to adopt Resolution No. 4932 but require further Council review prior to any expenditure for the golf course equipment.

C. Utility Amnesty Program (Coleman)

Finance Director Coleman reviewed the City's utility amnesty program that was offered recently to utility customers with delinquent accounts. Director Coleman reported that the City has a considerable customer base of accounts without water service, but are served with sewer, storm and refuse service. Annexations over the past several years have brought areas into the city that are serviced by other water purveyors. The City has not been successful in obtaining past due accounts through the legal process, which is costly in time and not efficient. Earlier this year there were 342 delinquent accounts owing $547,193. Rather than sending them to collection, each were offered an opportunity to pay the principal amount, without penalty or interest, within thirty days. Approximately 80 customers took advantage of the amnesty program, which cleared approximately $98,000 in account balances. The remaining accounts have been turned over for pre-collection. For those accounts not paid during pre-collection, the collection agency will add their fee and proceed with collection efforts. Director Coleman advised that in the case of bankruptcies, the accounts are written off. Other uncollectible accounts will be placed as a lien on the property.

D. Advertising Budgets

In response to an earlier inquiry from Chair Partridge, Finance Director Coleman reported the advertising budget for the cemetery was $14,000 in 2012 and $15,900 for 2013. The advertising budget for the golf course was $6,000 in 2012 and $6,000 in 2013.

IV. ADJOURNMENT

There being no further business to come before the Committee, the meeting Page 4 of 5

FN.1 Page 36 of 132

adjourned at 6:50 p.m. APPROVED this 6th day of May, 2013. ____________________________ _____________________________ John Partridge, Chair Danielle Daskam, City Clerk

Page 5 of 5

FN.1 Page 37 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Minutes of the April 15, 2013 regular City Council meeting

Date: April 30, 2013

Department: Administration

Attachments: April 15, 2013 City Council Minutes

Budget Impact: $0

Administrative Recommendation:

Background Summary:

Reviewed by Council Committees:

Councilmember: Staff:

Meeting Date: May 6, 2013 Item Number: CA.A

AUBURN * MORE THAN YOU IMAGINEDCA.A Page 38 of 132

City Council Meeting April 15, 2013 - 7:30 PM

Auburn City Hall MINUTES

Watch the meeting video Meeting videos are not available until 72 hours af ter the meeting has concluded.

I. CALL TO ORDER

A. Flag Salute

Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance.

B. Roll Call

Councilmembers present: Nancy Backus, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne and John Holman. Councilmember Rich Wagner was excused. Department directors and staff members present: City Attorney Daniel B. Heid, Economic Development Manager Doug Lein, Chief of Police Bob Lee, Finance Director Shelley Coleman, Innovation and Technology Director Ron Tiedeman, Interim Planning and Development Director Jeff Tate, Public Works Director Dennis Dowdy, and City Clerk Danielle Daskam.

C. Announcements, Appointments, and Presentations

1. Proclamation - National Day of Prayer

Mayor Lewis read and presented Marjorie Gordon a proclamation declaring May 2, 2013, as National Day of Prayer in the city of Auburn. Mrs. Gordon thanked Mayor Lewis and Councilmembers for their support.

2. Proclamation - Volunteer Week Mayor Lewis to proclaim the week of April 21-27, 2013, as "Volunteer Week" in the city of Auburn.

Mayor Lewis read and presented a proclamation to Auburn Senior Center Supervisor Radine Lozier declaring April 21-27 as National Volunteer Week in the city of Auburn. Ms. Lozier announced the Senior Center will be hosting the annual Community Volunteer Luncheon on April 25th, where the featured speaker will be Cisco Morris.

3. Proclamation - April 24, 2013 as "Arbor Day" Page 1 of 11

CA.A Page 39 of 132

Mayor Lewis to proclaim April 24, 2013, as "Arbor Day" in the city of Auburn.

Mayor Lewis read and presented a proclamation to Urban Tree Board Chair Bryce Landrud declaring Auburn 24, 2013, as Arbor Day in the city of Auburn. Mayor Lewis urged all to celebrate Arbor Day and support efforts to protect trees and woodlands and plant a tree. Mr. Landrud offered the expertise of Urban Tree Board members to the community.

4. Appointment to Planning Commission City Council to confirm the appointment of Jack Smith to the Planning Commission for a three year term expiring December 31, 2015.

Deputy Mayor Backus moved and Councilmember Peloza seconded to confirm the appointment of Jack Smith to the Planning Commission for a three year term expiring December 31, 2015. MOTION CARRIED UNANIMOUSLY. 6-0

D. Agenda Modifications

There was no change to the agenda.

II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE

A. Public Hearings

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.

Jon Lindenauer, 58th Pl S, Auburn, WA Mr. Lindenauer presented his written comments and spoke on behalf of the "No North Auburn Garbage Site" citizens group, which opposes the location of a King County transfer station at 28721 West Valley Highway South. He thanked the City Council for their resolution urging King County to extend the public scoping period for the proposed Algona transfer station replacement site. Mr. Lindenauer spoke in opposition to locating a solid waste transfer station at 28721 West Valley Highway South and urged the City Council to oppose the site selection. Elam Anderson, 23rd Street SE, Auburn, WA Mr. Anderson expressed concern with the open rail cars loaded with coal parked on railroad tracks in the city and traveling through town. He expressed concern that coal dust may be polluting the west Auburn

Page 2 of 11

CA.A Page 40 of 132

area and the area of the Environmental Park. He urged the City to request the railroad to cover the exposed coal. Carri Williams, G Street SE, Auburn Ms. Williams expressed concern with a residence at 15 F Street SE, which she believes is a drug house. She also expressed concern with the number of high school students hanging out in the alley. Scot Pondelick, announced that the South King County Stand Down and Veteran Resource Fair will be held at Green River Community College on June 8th. He encouraged all to support with the effort with donations. Mayor Lewis commented that the City of Auburn has been working with Green River Community College on the Stand Down and Resource Fair and will be supporting all efforts. Mayor Lewis encouraged Ms. Williams to speak to Chief of Police Lee regarding the activities in her neighborhood. In response to Mr. Anderson's comments, Mayor Lewis reported the City has been in contact with Burlington Northern Railroad regarding the coal cars. Burlington Northern Railroad has responded that the railroad has been transporting coal through the state for over 120 years; however, the City will continue conversations with the railroad. Mayor Lewis commented on Mr. Lindenauer's comments and the possible location of a King County solid waste transfer station at 28721 West Valley Highway South. Mayor Lewis stated that development around the property at 28721 West Valley Highway South has impacted the property and the levels of water in the neighborhood has risen over the years due to development on the hillside and the inability of the water to move through the property. The property owners are looking for an opportunity to sell or develop their property. Mayor Lewis reminded that the City Council passed a resolution (Resolution No. 4934) expressing the Council's concern about King County locating a solid waste transfer station at 28721 West Valley Highway.

C. Correspondence

There was no correspondence for Council review.

III. COUNCIL COMMITTEE REPORTS

A. Municipal Services

Chair Peloza reported the Municipal Services Committee met April 8, Page 3 of 11

CA.A Page 41 of 132

2013. The Committee reviewed Resolution No. 4926 regarding the King County Regional Hazard Plan, Resolution No. 4928 authorizing a $300,000.00 Federal Aviation Administration grant to seal coat airport apron areas, Resolution No. 4929 relating to a Federal Aviation Administration grant to prepare an airport wildlife hazard assessment, and Ordinance No. 6460 relating to solid waste disposal. The Committee discussed the RedFlex contract extension, a possible Request for Proposals for photo enforcement, Resolution No. 4932 authorizing a contract for audio visual services and equipment upgrades throughout city facilities, student rental housing, animal control and rescue, a fireworks update, and the Committee's project matrix. The next regular meeting of the Municipal Services Committee is scheduled for Monday, April 22, 2013.

B. Planning & Community Development

Chair Backus reported the Planning and Community Development Committee met on April 8, 2013. The Committee discussed student rental housing, the director's report, which included a report on the high volume of permit activity thus far this year, and Auburn Downtown Association's plans to hold a City birthday party on June 14. The next regular meeting of the Planning and Community Development Committee is scheduled for April 22, 2013 at 5:00 p.m.

C. Public Works

Vice Chair Peloza reported the Public Works Committee met this afternoon at 3:30. The Committee approved a right-of-way use permit for the City's Clean Sweep event, a consulting services agreement with FCS Group, and final payment for Small Works Project No. MS1203, the 15th Street SW and West Valley Highway Signal Repairs. The Committee discussed the February 2013 Financial Report, the utility amnesty program, the 2013 Local Street (SOS) program update, Public Works Project CP1120 the Lea Hill Safe Route to School Project, King County flood insurance outreach materials, the 2014-2019 Transportation Improvement Program, the capital projects status report, and the Committee's project matrix. The next regular meeting of the Public Works Committee is scheduled for May 6, 2013 at 3:30 p.m.

D. Finance

Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed claims vouchers in an amount just under $5 million and payroll vouchers in the amount of approximately $2 million. The Committee discussed the February Financial Report, which included building permit and plan review revenues at 412% of budget and operating expenditures approximately 5.6% below budget at this time. Chair Partridge noted that the City's agreement with the

Page 4 of 11

CA.A Page 42 of 132

Auburn Valley Humane Society (AVHS) guarantees $20,000 a month to AVHS regardless of license collections. Chair Partridge reported that approximately 60 percent of those who licensed their pets with King County last year at this time have relicensed with Auburn. It is hoped that through marketing efforts, the licensing level will increase. The Committee also reviewed the status of the golf course fund and the cemetery fund. The Committee also discussed Resolution No. 4932 relating to an agreement with Avidex for audio visual improvements and the utility amnesty program. The next regular meeting of the Finance Committee is scheduled for May 6, 2013.

E. Les Gove Community Campus

The Les Gove Community Campus Committee has not met since the last Council meeting.

F. Council Operations Committee

The next regular meeting of the Council Operations Committee is scheduled for May 6, 2013 at 5:00 p.m.

IV. CONSENT AGENDA

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. April 1, 2013 Minutes

B. Claims Vouchers (Partridge/Coleman) Claims check numbers 421592 through 421875 in the amount of $4,850,174.97 and dated April 15, 2013.

C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533722 through 533755 in the amount of $852,513.66 and electronic deposit transmissions in the amount of $1,175,116.50 for a grand total of $2,027,630.16 for the period covering March 28, 2013 - April 10, 2013.

D. Public Works Project No. MS1203 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 1 to Small Works Contract No. 12-22 in the amount of $30,108.94 and accept construction of Project No. MS1203, 15th St SW & West Valley Highway Signal #128 Repairs

Deputy Mayor Backus moved and Councilmember Peloza seconded to approve the Consent Agenda. The Consent Agenda includes claims and payroll vouchers and public works projects. MOTION CARRIED UNANIMOUSLY. 6-0

Page 5 of 11

CA.A Page 43 of 132

V. UNFINISHED BUSINESS

There was no unfinished business.

VI. NEW BUSINESS

There was no new business.

VII. ORDINANCES

A. Ordinance No. 6460 (Peloza/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 8.08.070 and 8.08.140 of the Auburn City Code relating to solid waste disposal

Councilmember Peloza moved and Councilmember Osborne seconded to adopt Ordinance No. 6460. MOTION CARRIED UNANIMOUSLY. 6-0

VIII. RESOLUTIONS

A. Resolution No. 4926 (Peloza/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the adoption of the 2009 King County Regional Hazard Plan and the City of Auburn Annex to the Plan

Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4926. Resolution No. 4926 approves the 2009 King County Regional Hazard Mitigation Plan and the City of Auburn Annex to the Plan. Upon adoption, the City becomes eligible for federal hazard mitigation grants. MOTION CARRIED UNANIMOUSLY. 6-0

B. Resolution No. 4928 (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for and, if awarded, to accept grant funds in the amount of $300,000.00 from the Federal Aviation Administration and the Washington State Department of Transportation, Aviation Division, to seal coat airport apron areas, runway and taxiway surfaces for the Auburn Municipal Airport and authorizing the execution of the grant agreement therefor

Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4928. MOTION CARRIED UNANIMOUSLY. 6-0

Page 6 of 11

CA.A Page 44 of 132

C. Resolution No. 4929 (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for, and if awarded, to accept grant funds in the amount of $70,000.00 from the Federal Aviation Administration and the Washington State Department of Transportation, Aviation Division, to prepare an airport wildlife hazard assessment for the Auburn Municipal Airport and authorizing the execution of the grant agreement therefor

Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4929. MOTION CARRIED UNANIMOUSLY. 6-0

D. Resolution No. 4932 (Partridge/Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract between the City of Auburn and Avidex Industries, LLC for audiovisual systems

Councilmember Partridge moved and Councilmember Wales seconded to adopt Resolution No. 4932. Councilmember Partridge reported that the approved budget includes funding from Innovation Technology interfund payments and franchise fees for audio visual upgrades for Council Chambers as well as other facilities throughout the city. The scalable design ensures services and capabilities for now and in the future. The upgrades and enhancements are for the Council Chambers, the Mayor's Office, conference rooms, common areas, and the golf course banquet room. Councilmember Wales spoke in favor of the resolution noting that annually each department is assessed some indirect costs for Innovation and Technology (IT) services for replacement and additions. She spoke in favor of the improvements slated for the golf course, which has been assessed for IT interfund services. Councilmember Wales stated the IT improvements proposed for the golf course will make the golf course more viable and attractive to tournament organizers. Councilmember Holman moved and Councilmember Osborne seconded to amend Resolution No. 4932 by adding a requirement that all costs associated with golf course AV equipment be referred back to the City Council prior to expenditure. Councilmember Holman stated that the amendment will remove authorization for approximately $35,000 from the overall budget impact. With additional Council oversight and approval, the $35,000 could be spent on golf course AV equipment. Councilmember Holman

Page 7 of 11

CA.A Page 45 of 132

stated that he is aware that the golf course pays monthly IT development charges and receives little in return, but presently expenditures at the golf course do not make financial sense. As the economy improves, the AV improvements may well be a good financial decision. At the end of the playing year, improvements to AV equipment may be desirable and financially viable. Councilmember Peloza expressed concern that the amendment would slow progress at the golf course. In response to a question from Councilmember Partridge, Innovation and Technology Director Tiedeman stated that he anticipates the design for the golf course IT and AV improvements would be presented to the Council in August. Councilmember Osborne spoke in favor of the amendment, stating that the Council will be able to review the design of the improvements prior to authorizing the expenditure. Councilmember Osborne stated that he believes the project will not be delayed due to the proposed amendment. Councilmember Peloza spoke against the proposed amendment. In response to a question from Deputy Mayor Backus, Councilmember Holman stated that he believes the improvements to the golf course banquet room facilities are warranted; however, he questions the need for the technology improvements for the golf course. Deputy Mayor Backus spoke in favor of technology improvements to the golf course banquet room facilities to attract additional users of the facility. Councilmember Partridge commented that initially he was not in favor of technology expenditures for the golf course. However, the golf course enterprise fund has already paid for the Innovation and Technology interfund services and those funds were set aside and budgeted for the proposed improvements. MOTION TO AMEND FAILED. 2-4 (Councilmembers Backus, Peloza, Partridge and Wales voted no.) MOTION TO ADOPT RESOLUTION NO. 4932 CARRIED UNANIMOUSLY. 6-0

IX. REPORTS

At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and

Page 8 of 11

CA.A Page 46 of 132

local organizations.

A. From the Council

Deputy Mayor Backus reported on her attendance at a listening session at Auburn Multicare Medical Center, the Washington Women's Employment and Education fund raiser, a meeting with National League of Cities representatives on a program to rehabilitate homes for disabled veterans, the grand opening for the Auburn Burndale Homes new community center, and the Senior Center coffee hour. Councilmember Wales reported on her attendance at the King County Board of Health which is joining a national initiative to reduce sodium/salt in diets, the Regional Access Mobility Partnership transportation forum for Pierce County, and the Pierce County Cities and Towns Association. Councilmember Holman reported he attended the Washington Women's Employment and Education fundraising breakfast, the Law Enforcement Officers and Fire Fighters (LEOFF) Retirement and Disability Board meeting, a fund raiser held at Wesley Homes, a meeting with Senator Joe Fain to discuss transportation budget issues along with other Association of Washington Cities members, a meeting with the chapter president of the Paralyzed Veterans of America, the National League of Cities representative from Washington, D.C., and a local representative of the Veterans Administration relating to a program to obtain foreclosed homes and turning them over to a non-profit so that they can be modified for veterans with disabilities. Councilmember Holman also reported on his attendance at the Puget Sound Regional Council Growth Management Committee, a webinar conducted by the National League of Cities on the federal budget, and a planning session for Auburn's 122nd birthday party. Councilmember Peloza reported he attended the King County Solid Waste Advisory Committee meeting where discussions included the new interlocal agreement for solid waste management, conversion of methane gas, and unsecured loads. Councilmember Peloza also reported on his attendance at the Boys and Girls Club breakfast, an identity theft education session sponsored by King County Councilmember Von Reichbauer, and the grand opening of the new community center at Burndale Homes. Councilmember Peloza reminded the Auburn International Farmers Market will open June 9th. Additionally, he announced Terry Home will open a new facility for traumatic brain injury victims at 727 A Street NE. Four of the units will be dedicated to veterans with traumatic brain injury. Mayor Lewis and Councilmember Peloza reminded of the American Legion's service to dispose of worn United States flags. American Legion Post 78 provides a box a City Hall for the honorable disposal of United States

Page 9 of 11

CA.A Page 47 of 132

flags. Councilmember Osborne reported he attended the Washington Women's Employment and Education fundraising breakfast and the Law Enforcement Officers and Fire Fighters (LEOFF) Retirement and Disability Board meeting. Councilmember Partridge reported on his attendance at the Domestic Abuse Women's Network (DAWN) fundraiser, the Regional Law, Safety, and Justice steering committee meeting, the Auburn Avenue Theater's night of poetry and animation featuring Auburn Poet Laureate Dick Brugger and his daughter, the grand re-opening for Action Tattoo, and a meeting with the new Executive Director of the Auburn Downtown Association, Laura Westergard. On a personal note, Councilmember Partridge reported that his daughter was in the finish line stands at the Boston marathon today. She left the stands fifteen minutes prior to the Boston marathon bombings, and she has arrived home safely.

B. From the Mayor

Mayor Lewis thanked Deputy Mayor Backus and Councilmembers Peloza and Wales for standing in for Mayor Lewis at several events while he was out of the country. Mayor Lewis reported on his visit to the City's sister city of Pyeongchang, South Korea, the site of the 2018 Winter Olympic Games. Mayor Lewis spoke of the cultural and economic benefits of the City's relationship with Pyeongchang. Mayor Lewis also spoke briefly regarding the gateway projects and the need to upgrade and modernize the infrastructure and the Ports of Seattle and Tacoma to accommodate the post-Panamax vessels, recent legislative actions, and the Washington Women's Employment and Education fundraiser. Mayor Lewis commented regarding the tragedy today at the Boston marathon where two bombs were detonated near the finish line of the marathon. He indicated that seven residents of Auburn participated in the marathon.

X. EXECUTIVE SESSION

At 9:35 p.m., Mayor Lewis recessed the meeting for a five minute intermission and then to executive session for approximately five minutes in order to discuss pending/potential litigation. Action may follow the executive session. City Attorney Heid attended the executive session. Mayor Lewis reconvened the meeting at 9:42 p.m. City Attorney Heid read the title of Resolution No. 4935: Resolution No. 4935

Page 10 of 11

CA.A Page 48 of 132

A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a settlement agreement between the City of Auburn and The Stratford Company, LLC Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 4935. MOTION CARRIED UNANIMOUSLY. 6-0

XI. ADJOURNMENT

There being no further business to come before the Council, the meeting adjourned at 9:43 p.m. APPROVED this ___ day of May, 2013. ____________________________ ___________________________ Peter B. Lewis, Mayor Danielle E. Daskam, City Clerk

Page 11 of 11

CA.A Page 49 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Claims Vouchers

Date: April 30, 2013

Department: City Attorney

Attachments: No Attachments Available

Budget Impact: $0

Administrative Recommendation:

City Council approve claims vouchers.

Background Summary:

Claims check numbers 421876 through 422299 in the amount of $2,506,470.54 and

dated May 6, 2013.

Reviewed by Council Committees:

Councilmember: Partridge Staff: Coleman

Meeting Date: May 6, 2013 Item Number: CA.B

AUBURN * MORE THAN YOU IMAGINEDCA.B Page 50 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Payroll Vouchers

Date: April 30, 2013

Department: Administration

Attachments: No Attachments Available

Budget Impact: $0

Administrative Recommendation:

City Council to approve Payroll Vouchers.

Background Summary:

Payroll check numbers 533756 through 533787 in the amount of $269,974.76 electronic

deposit transmissions in the amount of $1,203,894.37 for a grand total of $1,473,869.13.

For the period covering April 11, 2013 - April 24, 2013

Reviewed by Council Committees:

Finance

Councilmember: Partridge Staff: Coleman

Meeting Date: May 6, 2013 Item Number: CA.C

AUBURN * MORE THAN YOU IMAGINEDCA.C Page 51 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Public Works Consultant Agreement AG-C-431

Date: April 15, 2013

Department: Public Works

Attachments: Scope of Work Spreadsheets

Budget Impact: $124,080.00

Administrative Recommendation:

Council grant permission to enter into Consultant Agreement No. AG-C-431 with FCS

Group, Inc. for the Water, Sewer, and Stormwater Cost of Service Rate and Charge

Study.

Background Summary:

Background Summary:

The study includes a cost of service analysis and system development charge (SDC)

review. Cost of Service looks at utility rate structures in relation to customer equity. The

SDC review will evaluate the adequacy of SDC to fund capacity related capital projects.

The following summarizes major work activities performed during the City of Auburn’s

Water, Sewer, and Stormwater Cost of Service Rate and Charge Study. Note that the

following also includes optional tasks that may be performed.

Model Development

Utilizing the cost of service/rate design modules developed for the City during the 2010

rate studies, revenue requirement transition worksheets will be created to incorporate the

pertinent line item detail for each utility from the City’s current combined financial

models.

Retail Cost of Service Analysis

The cost of service analysis provides a defensible basis for assigning “cost shares” and

establishing “equity” for utility customers based on their unique demands placed on the

systems.

Retail Rate Structure Evaluation

Review and analyze the current utility retail rate structures. Recommend rate structure

modifications reflective of cost-of-service findings and policy objectives for rate stability,

customer equity, efficiency of use, and administrative practicality.

AUBURN * MORE THAN YOU IMAGINEDCA.D Page 52 of 132

System Development Charge Update

Conduct the technical analysis necessary to update water, sewer, and stormwater SDCs

using the methodology developed for the 2010 rate and charge study.

Optional Study Tasks

SDC White Paper

Craft and submit a white paper addressing general SDC background, philosophy, and

alternative methodologies commonly used in the industry and in compliance with

Washington State legal precedence.

Wholesale Cost of Service / Rate Analysis

Update wholesale revenue requirements and resulting rates over the study period. The

analysis will be consistent with wholesale service agreements / service requirements,

incorporating existing conditions and City policy direction.

Braunwood Cost of Service / Rate Analysis

We will perform a separate cost of service analysis to determine the actual cost of

servicing this system and establish a separate schedule of rates for this system to be

financially self-supporting, inclusive of the cost of maintaining and replacing its capital

infrastructure.

Project Schedule

SDC Review - Complete Early 3rd Quarter 2013

Cost of Service Analysis - Complete Late 4th Quarter 2013

Project Cost Summary

Base Study: $94,380.00

Optional Tasks: $29,700.00

Total: $124,080.00

Reviewed by Council Committees:

Finance, Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: CA.D

AUBURN * MORE THAN YOU IMAGINEDCA.D Page 53 of 132

Page 1

Exhibit A

Scope of Work

City of Auburn

Water, Sewer, and Stormwater Cost of Service / Rate and SDC Study

The following Scope of Work (SOW) identifies the activities that FCS GROUP will perform for the City of Auburn’s Water, Sewer, and Stormwater Cost of Service Rate and Charge Study. Note that the SOW includes baseline study tasks and optional tasks for the City’s consideration. Note that the baseline study tasks do not include review of wholesale rates. Wholesale revenues would be assumed at existing levels, consistent with utility-wide retail rate adjustments, or adjusted based on a cost escalation factor defined by the City.

A. BASELINE STUDY TASKS

Task A-1: Data Collection / Kick-off Meeting

Attend a kick-off meeting with the City staff to introduce the project team, discuss key issues and objectives, and review readily available information. In particular, any customer equity concerns will be discussed that could result in revisions to cost allocation methodologies and/or revised rate structures. Provide a written data request list to the City in advance of the kick-off meeting. Review, analyze, and validate data as necessary for use in conducting the technical analyses. Follow up with City staff (via telephone / email) for any additional items or explanations as necessary.

Task A-2: Spreadsheet Model Development

Utilizing the cost of service/rate design modules developed for the City during the 2010 rate studies, revenue requirement transition worksheets will be created to incorporate the pertinent line item detail for each utility from the City’s current combined financial models. This will include sections for the detailed line item O&M expenditures and the cashflow “test page” to include other expenditures, non-rate revenues, revenues under existing rates, and rate revenues incorporating proposed rate adjustments. Additional detail and analysis will likely be required from that included in the revenue requirement forecasts or overall rate adjustments proposed in the City’s model in order to separate retail and wholesale revenues, revenue requirements and rate adjustments.

Update the models to reflect current plant, customer, and operational data, as well as current cost of service / rate structure policy goals for each utility. Separate models will be provided for each utility.

Task A-3: Retail Cost of Service Analysis

The cost of service analysis provides a defensible basis for assigning “cost shares” and establishing “equity” for utility customers based on their unique demands placed on the systems. Detailed customer billing analyses and cost allocations will be performed for each utility. Cost allocations for the stormwater utility will be used to evaluate potential revisions to credit policies, if warranted. This task will include the following:

� A Customer Statistics Analysis to evaluate individual customer data including: number of accounts, meter size, equivalent service units and water usage patterns (annual use, winter period use, and summer use). Summarize customer statistics to determine if the current grouping of customers for each utility remains appropriate and for subsequent use in developing rate structures.

CA.D Page 54 of 132

Page 2

� A “Price-Out” of Rate Revenue by Customer Class under Existing Rates to validate the underlying customer data set for use in assessing cost of service shifts and designing rate structures. This is a critical process in a cost of service rate study to provide the baseline for analyzing the current distribution of costs by customer class in comparison to any indicated shifts in the distribution of costs resulting from the cost of service analysis. Apply prevailing rates to the customer statistics and calculate revenues by customer class. These calculated revenues are tested against actual reported revenues by customer class to determine if the underlying data set is valid. Depending on the initial outcome, this could include follow up with City staff to determine potential reasons for any significant discrepancies before moving forward with rate design.

� A Functional Allocation of System Assets and Expenses to provide the baseline for assigning costs to customer classes. Review historical asset records and classify plant investment by major categories. For water, major categories include supply/treatment, storage, transmission/distribution, meters & services, hydrants, customer, and general plant. For sewer, major categories include customer, collection, and general plant. Treatment service is provided by King County Metro. Assign categorized plant investment to functional cost components using system design criteria. For water, functional service components include customer, base demand, peak demand, and fire protection. For sewer, functional service components include customer and flow. Stormwater costs will be allocated to “base” and “use” components. All customers will be assigned the base costs, while “use” costs will define credits.

� A Distribution of Costs to Customer Classes using the results of the customer billing analysis and the functional cost allocation process. For each utility, allocate system costs to customer classes in proportion to use/demand. Derive class of service unit costs for use in designing rate structure components (further discussed in Task 5.

� A Phase-in Strategy to Meet Customer Class Cost of Service should study results indicate significant cost shifts amongst customer classes within each utility. This would involve developing strategies to move customer classes to indicated cost of service over a 3 to 5-year period, while ensuring adequate overall revenue generation for each utility.

Task A-4: Fire Protection Cost Removal from Water Rates

Identify and remove fire protection costs from water rates in compliance with the Washington Supreme Court ruling (Lane v. Seattle). In its ruling the Court defines public fire protection as a general government service that cannot be funded through water rates. The cost of service analysis for the water utility will facilitate compliance with the Lane verdict. Working with the current water system plan, determine the portion of the water system’s operation attributable to the provision of fire protection and remove those costs in the calculation of updated water rates. Work with the City to establish policy objectives and potential strategies for the recovery of fire protection costs through other means. The Court upheld “a solution” that an increase to the utility tax on the water utility to recover those costs is valid and within statutory authority. Alternatively, a direct payment from the General Fund to the water utility could be made.

Task A-5: Retail Rate Structure Evaluation

Review and analyze the current utility retail rate structures. Recommend rate structure modifications reflective of cost-of-service findings and policy objectives for rate stability, customer equity, efficiency of use, and administrative practicality. Evaluate and demonstrate the ability of the resulting rates to generate the projected and required revenues by testing rates against composite system customer demands. Identify revenues to be generated from the fixed and volume-based components of the rate structure to provide for revenue stability. Prepare sample single-family residential (SFR) and non-SFR bills under existing and proposed rates. Conduct a survey of sample

CA.D Page 55 of 132

Page 3

bills for up to five (5) neighboring jurisdiction’s for the the single family residential class. The budget provides for up to 2 rate structure options for each utility, including seasonal rates for water utility non-SFR customers.

Task A-6: System Development Charge Update

Conduct the technical analysis necessary to update water, sewer, and stormwater SDCs using the methodology developed for the 2010 rate and charge study. This methodology incorporates existing plant in service (with allowable adjustments), plus future capital projects to upgrade or expand the systems. Replacements projects are excluded from the calculation. Incorporate current and planned system investment and system capacity and calculate the maximum allowable SDC per customer equivalent. Update the schedule of charges for each utility system. Conduct a survey of up to five (5) neighboring jurisdictions to compare the level of residential (or equivalent customer) SDCs.

If the City chooses to include the optional SDC white paper task (Task B-1) and an alternative methodology is selected, charges will be developed based on the selected methodology.

Task A-7: Meetings & Presentations

Prepare materials and attend the following meetings to review interim findings, obtain policy direction, and present draft and final study results. In addition to kick-off meeting described in Task 1, the following review meetings are anticipated:

� Up to two (2) meetings with City staff to review interim finding and receive policy direction.

� Up to two (2) meetings with the Public Works Committee and/or other committees to review draft results and receive policy direction prior to the Council presentation.

� Up to two (2) meetings with City Council to review draft and final study results.

Task A-8: Documentation

Prepare/submit a study report summarizing major assumptions, findings and study recommendations for each utility. A draft will be provided in electronic format for City staff review and comment. A final report will be delivered in hard copy and electronic format. The supporting spreadsheet analyses for each utility will be included as technical appendices.

Task A-9: Project Administration / Management

Perform miscellaneous project set up activities, work paper documentation, internal scheduling / workload planning, invoicing, ongoing client correspondence, and other miscellaneous administrative / project management activities throughout the study.

B. OPTIONAL STUDY TASKS

Task B-1: SDC White Paper

Craft and submit a white paper addressing general SDC background, philosophy, and alternative methodologies commonly used in the industry and in compliance with Washington State legal precedence. This evaluation will include a discussion of general purpose; delineation of alternatives; allowable costs and adjustments; system capacity/customer base; analytical components; data needs; and applicability. We will also document alternatives related to the structure of charges for the utility systems, such as meter size, sewer flow, impervious surface area, etc. This evaluation will also address administrative and procedural topics related to the SDCs that take into account the City’s current practices, experiences and requirements. We will expand the SDC survey discussed in the baseline study (Task A-6) to include additional research on methodology, structure, and credit policies.

CA.D Page 56 of 132

Page 4

This background material will highlight and structure key issues related to SDC policy and methods to assist the City in selecting the preferred method for calculating updated SDCs for each utility system.

We do not anticipate the need for an additional meeting to review the paper with City staff, but could accommodate discussion via teleconference and/or combine with meetings identified in the baseline study tasks.

Task B-2: Wholesale Cost of Service / Rate Analysis

Update wholesale revenue requirements and resulting rates over the study period. The analysis will be consistent with wholesale service agreements / service requirements, incorporating existing conditions and City policy direction. Review existing wholesale agreements, past wholesale rate studies, and/or other available information relevant to the assignment of infrastructure and utility costs to wholesale customers. Results of the wholesale rate analysis will be incorporated into the retail revenue requirement in the baseline study.

Document study results either in a separate technical memorandum or incorporated into the baseline study report, whichever the City prefers. Attend up to two (2) meetings to review results with City staff and/or wholesale representatives if desired. We do not anticipate the need for a separate presentation of results to City Council, but rather to accommodate this within the Council presentations identified in the baseline study tasks.

Task B-3: Braunwood Cost of Service / Rate Analysis

Braunwood is a small City-owned satellite system located within the City limits but serviced by its own well. Other facilities include a pump station, a small reservoir, and a water treatment/chlorination facility. The system is fully self-contained and is not connected to the City’s main water system. There are approximately 15 connections residing on large lots. The City charges these customers the inside-City rates. We will perform a separate cost of service analysis to determine the actual cost of servicing this system and establish a separate schedule of rates for this system to be financially self-supporting, inclusive of the cost of maintaining and replacing its capital infrastructure. At a minimum this will include review of customer data (meter size, water usage), applicable fixed assets, historical and budgeted operating costs, identified capital needs, and incorporation of financial policies consistent with the City’s main water system (e.g., cash reserve targets, system reinvestment funding, debt coverage, etc.). This will also include discussion with appropriate City staff to estimate the level of effort required to support this system.

Document study results either in a separate technical memorandum or incorporated into the baseline study report, whichever the City prefers. Attend one (1) meeting to review results with City staff. We do not anticipate the need for a separate presentation of results to City Council, but rather to accommodate this within the Council presentations identified in the baseline study tasks.

CA.D Page 57 of 132

Page 5

Exhibit B

Fee Schedule

City of Auburn

Water, Sewer, and Stormwater Cost of Service / Rate Study

The Exhibit below outlines the current hourly rates, estimated labor hours, cost per task and total fee for the project.

Consultant HoursTotal

Principal Tech. Adv. Analyst Admin. Estiamted Expenses (a) Labor

Task Johnson Various Shirley Support Hours Budget

Hourly Billing Rates: $225 $225 $120 $75

A. Baseline Study Tasks

Task 1 - Data Collection / Kick-off Meeting [1 mtg] 16 34 50 7,680$

Task 2 - Spreadsheet Model Development 8 40 48 6,600$

Task 3 - Cost of Service Analysis 20 4 112 136 18,840$

Task 4 - Fire Protection Cost Removal from Water Rates 8 24 32 4,680$

Task 5 - Rate Structure Evaluation 18 4 48 70 10,710$

Task 6 - SDC Update 8 48 56 7,560$

Task 6 - Meetings & Presentations [6 mtgs] 42 54 4 100 16,230$

Task 7 - Documentation 16 2 64 8 90 12,330$

Task 8 - Project Administration / Management 24 8 4 36 6,660$

Subtotal Baseline Study Tasks 160 10 432 16 618 3,090$ 94,380$

B. Optional Study Tasks

Task 1 - SDC White Paper 8 2 48 1 59 295$ 8,380$

Task 2 - Wholesale Rate Update 16 4 60 80 400$ 12,100$

Task 3 - Braunwood Rate Analysis 10 4 48 62 310$ 9,220$

Subtotal Optional Study Tasks 34 10 156 1 201 1,005$ 29,700$

Total Study 194 20 588 17 819 4,095$ 124,080$

(a) $5.00 per labor hour technology charge to cover overhead for IT systems,computers, communication devices and connectivity.

DIRECT EXPENSES

We will waive mileage expense for this study. For any client-requested extraordinary expenses, specific terms will be established prior to expenditure and billing.

CA.D Page 58 of 132

Page 6

Exhibit C

Project Schedule

City of Auburn

Water, Sewer, and Stormwater Cost of Service / Rate and SDC Study

Completion of the Cost of Service / Rate and SDC Study will be as follows:

Early 3rd Quarter: Completion of Tasks A6 (System Development Charge update) and B-1 (System Development Charge white paper).

End of 2013: Completion of remaining project Tasks including presentation of technical findings/conclusions/recommendations to City.

End of 1st Quarter 2014: Delivery of written reports and documentation (Task A7).

CA.D Page 59 of 132

Ubliges(" Water, Sewer, Storm) Costof Service( COS) Suggestions, Rich Wagner. January 21, 20131) Considerwhether the consumptlon rate' breaks' in this 1998 COS study are appropriate.2) Compare recommended rates to current rates as done In this 1998 COS study( per month$ difference and% difference)

C3) Include Wholesale= tamers

City Of Atiburrt Water Utility 4) Consider whether Boeing is the only large customer that needs to be highlighted. Y

TwN

1998 RectimnmrtdedCost Of Senice Rates Cornpared With Existing Rate StrucWm'1987

010 3t* $ to etc 11 to 21 to 31 to 41 to 51 to 7510 101 to 201 to 301 to SOS to 100) to 2M to U mtbcr ofAxon walor oonsur mOm, ccXnaonn, z s g PR so a so 79 too2204 2M w- L 20DO 2w M ]o4 20357 amomers

91e•Fmnily c stonwa 467 1. 431 1 2199 2.819 264 65 11 13 6 0 0 0 0 0 0 2 0.o twith looks not Inemded 8.791Base Vdumo

9dSUM Fadn 5615 $ 9.66 S8A7 430AS $ 11. 37 413.35 $ 19,95 626.55 $ 33.15 53975 55625 4727579980p4On ; 05 $ 9Ia9 $& IS $ 1020 VIM $ 13.65 420.55 $ 27.45 93435 $ 4125 $ 59.90 575,75

St71N>rarKO $ 046 $ 0.15 $ 021 $ 0.30 50.60 $ 0. 90 5120 31. SO 4225 $% DoD1Hemea 0.796 I' M 1. 896 22% 3.0% 3AW 3.6% 3.8% 4.0% 41%-

ttWG•FamDyCoAmnaa 11 _ 4 5 14 155 171 97 43 88 63 79 25 17 7 ABase vowme

Uhtbg Relos$ 12.75 S OSS $ 14, 05 516.00 317.30 $ 1925 1= 75 $ 3225 53615 545.25 661, 50 $ MS 514275 $ 207.75 S331.75 $ 66275 51. 31275 932627519940p5on $ 1275 3 072 $ 14.19 51635 517.79 $ 19. 95 WAS $ 34,35 $ 4155 548.75 $ 88.79 $ 6475 3156.75 3226.75 $ 37275 478275$ 1. 45275 53,612.75

Dwerowe 50.14 50.35 $ OAS $ 0670 81.40 $ 210 $ 2.60 53.50 $ 525 $ 7.00 $ 14.00 $ 21. 00 MOO 570.00 $ 140.00 9350.00Defteeaao 1. 0% 22% 2.e% 3.6% SA% 6596 72% 7.7% & 5% 9.0% 95% 10.1% 10.496 20.9% 10.7% 10.7%

comm= 19 customers

VoWme

113 112 57 06 166 97 39 49 . 32 52 18 10 6 • 2- 1 • 1 510Brio

EK%IWng Robs S 1275 3 074 31423 $ 16A5 $ 17.99 520.15 WM $ 3495 54235 549. 75 S6d75 $ 86.76 5160.75 3234.75 $ 98275 5752.75 61AM75 5$,7127519960paon S 1275 $ O.St $ 1437 $ 16.80 $ 1 3.42 520.65 S289$ $ 37.05 WAS 55325 57350 $ 9375 $ 17476 $ 255.75 3417.75 $ 32275$ 1. 06275 34,062,75

Di=ems 40.14 5035 WAS 50.70 S1AO 5210 5280 53.50 $ 523 47.00 574.00 521. 00 53500 570.00 S1404D $ MACDifloranw 1. 0% 21% 27% 9.5% 5.1% & 096 8.6% 7.0% 7.7% & t% 8.7% 8.9% 9.1% 9.3% 9.4% 9.4%

5brd92etunng6ndusa7ol Customers 5 0 2 1 5 3 3 2 • a 5 2 6 5 Soaing Irg Boeing 43Base Voile w

8dsting Fiatos$ 1223 $ 0.74 04.23 17.63 SMIS 527.65 53435 54235 449.75 seez $ 8& 75 3234.75 536275 575275 53.934.01 $& 10& 85 515,076.93199BOptiem S 1275 S 078 $ 14.21 51821 S20S5 $ 2835 $ 96.15 = SS $ 51. 79 MIS $ 90.75 246.75 $ 40275 $ 79275 94,14397$ 8.565.95$ 15,591. 21

DtfawwoMoe 5028 30.40 $ 0.80 $ 120 81. 60 $ 2.00 $ 3A0 $ 4, 00 57200 $ 20.00 540.OD 321196 S437.6o 3814$ 8

7. 6% 20% 29% 5.496 3.6% 4. 096 4A% 4.6% St% 52% 53% SA% BA% 54%

IRtgauorr cuwarfma

YOWmO32 11 7 12 16 14 4 8 7 6 S 4 2 1 137

13asO

gdsdng Rates 8 625 $ 1.10 $ aAS $ 11.75 $ 13.95 M25 SM25 53925 55025 $ 61. 25 SSVS $ 11625 522624 $ 33626 655615 51. 106.25$ 2.206.25law Option S 6.8 S 1. 15 S& 51 $ 12. 90 $ 14.16 $ 17.55 328.85 $ 40.15 $ 51AS 56275 $ 91. 00 $ 11925 $ 23225 $ 345.25 $ 6712.5 S1. 13M S2,266?5

DNf4roneo $ 048 30.15 $ 021 $ 0.3D $ 0. 60 $ 0.90 $ 120 $ 1. 50 $ 2Z $ 3.0 $ 6.00. 1& 00 $ 15.00 MOO $ 60.00Dlffonnco 0.7% 1. 3% 1S% 1. 7% 21% 23% 2A% 2A9L 25•L 2674 27% 27% 27% 27% 27%

SohodsCaskon 3 1 2 2 3 1 4 6 1 2 2 6 3 3 4 ' 2• aBase YOdlrneEdstftnates $ 1276 $ OSO $ t4.15 $ 1625 $ 17.65 $ 19.75 $ 26M $ 33.75 540.73 $ 47.75 56525 $ 82.75 81SL75 SM75 536275 571275$ 1, 41275

19980pdan $ 1275 $ 078 31421 Ste.65 11821 S20.S5 $ 2635 $ 36.15 $ 43.95 $ 51. 75 $ 7126 $ 90.75 5168.75 3249.75 $ 40275 $ 782.75 57, 57275

S mumeaft $ 0. 16 UAD 5056 $ 0.80 $ 1. 60 SZ40 $ 320 $ 4.DO 5800 MOO $ 19.00 $ 2400 $ 40.00 $ 80. 00 $ 160.0007re1tJrrm 1. 7% 25% 32% 4.17. 8,07. 7.1% 72% BA% 92% 9.7% 10.9% 10.8% 11A% 112% 113Y.

City customersElmo Y0lruno

3 0 3 1 6 2 4 f 7 21

Odsting Rues 3 1275 $ 096 .$ 144T 19A7 52235 STIAS $ 41. 55 Sm. 15 204.75 WM731996 Option $ 1275 $ 1.06 . $ 1427 420.17 $ 7335 $ 33.95 840.55 $ 55.15 22415 51,072.75

S Dwwonce $ 020 0.70 S140 4200 $ 300 •$ 4,00 MOO sl MOODWererm 1AY. 3.696 7-n% 7.8% 94% 102%

I,CA.D Page 60 of 132

UOUeS(' Water, Sewer. Storm) Cost of Service( COS) Suggestions, Rids Wagner, January 21, 20131) Shaw' phase4rf of cost 2110cations and rate d7anges over 3 years as below.

2) Provide detailed basis of' Service Share detem7ination( e.g. number of aceo7mts. consumption peraccount dassifk:5tion, etc.)3) Show Fire Flow cost but do not include in calculations of rates per Supreme Court derision maldng fire flow a general fund expense.

w-, co= ot sorvs<a 4) Provide components of Commodity Cost( e.g. eleclric',ity, malrlt 7ance, salaries& benefits, consumable materials, etc.)cac2 sltxa eY ciu m Claaa 5) For each classification, provide data columns on assessed property value, uti ity capital a0ocation, consumption volufrte, etc.)

COnorn7 eralrgt 4tAdfnkL Urtw Colbctl° n R94 Ftro Flaw Cotttm. CommOd. 5'onSe17Aco Cate Rd9. CO= Flow

I SO=Or=l PtakCotta App pock T0ta7 Total

CUST6r4ER C1J4SSIflCAT1pN45162,478 SMrO S7OS 461 aro 5761.065 Sharo 53265.124 Ss" 57. 0.85799 Spar° 79DAW Sh 56170840

Fam9yRraecntial 6. 170,85582327+ 133, 747 $ 1. 71% 86.935 $ 9,72% 454.481 25.56%7 fOx 535.112 25.527. 275,138 32.19% 254,31e 39. 16 52042727Com:re:

dsrR77, 534 7.25% 7.721 1754% 133.486 17.92% - 585203524% 13,389 453X 9.077 20,36% 154.956

k.0^ 277,195 20. 69% 163,479 18.1 57. 11& St5Muiutactw* VAndry,,;7 0.40.. 6. 7 0,43•x% 458 0.98% 12a5% 4t9S98 20.987: 227.759 1621% 128,082 15.44% 5952$61Sehoati

0.371. 604 0.% 7.490 10,43% 340,501 16. 52% 115,299 10. 30% a1,= & 184% 5545.733CryA4aurts 0,19% 326 0. 197:

458 092% 6991 262% 85.397 294% 31964 4.86% 36306206 OA8%

wf7atcabt734% 2. 1 t. a6% 1206 0.007%

2.

660. 0 7S926 1. 2% : 1, tOc 1. 07% 8,4.48 O. 6r" 537,6O. D47. 72 0.

40%

59 0.

0059.658 298% 32400• 4,98?, 39,344. 218% St35.081Q IS %% 925.728 15X411.

171930 996% 78,685 79. 7• S7S,48Tp7ak 100.00% 162376 200..007. 706.407 100,00x 767, 065 200.0074 3.265.124 1QCAD% 1, 095.799 100.00% ' 790A00 100.00?: 36. 170.965

Gon= 1 Hill ing&Adnun.' Mater CoUactkm Finn : yoF,ow COmrrr_ , CO= W(. tS0rv100 prig. Cot Flow CO= App Cot

Soaronal Pink POak • Total Tots) i2 1. CL7STO44E1i ttA5SIACAT1o245 Sh4ro 155.68.: Shag 102.149 Sh„`° 842. 769 S a

Cost: PF7D Cbstr Cost Curlsha 3.650.051 Sh_„0ro 1. 216.173 Sh-- Sh.. 6.847280

S• ` YRGe° n1ia1 82.327: 128. 135 81. 71% 63.462 59.72% 503.271 25.587% 1A1a77dy''' dO° 7.70% 71, 050 7267. 7,413 1754% 147.816 17.927% S7 2562% 311, 534 32.19% 283,434 32 52243, 4048

824T. 12B27 S.w% 8. 714 20.3. 7. 171, 592 2.85% 654'193 20.00% 243,274 20. 69% 182796 78217% • S1. 245946Sc17oots ' 0.49% 620 O. c3% 469.069 2058% 255.106 16.21% 142.745 15.88: $ 2, 060.054440 0.98% 8.294 1110. 43%OX% 579 OA3y, 10.82% 729, 143 1030% 90.650 • 891" 5609.792

ft4=O0t7C 40 0.92% 7,757 262% 95,466 2.94°'. 3& 802 4,60% 40.463 264% 5780.396124% 080

0. 797. 197 0. 489% 4,055 OA37.whoftale

1. 347. 2050 :. 4px 1, 427 0.00% 015'56$ 1. 02% 12.438 1. 07% 9.415 0.61% 541975O, Oa 59 6.067.

1. 83% 66.682 2.98% 36,290 498% 43.849 220» S1SO,S3957 0.00% 0 28,35•.0 1, 034.871 15.6.2% 152,585 998% 87.694 loll,% 57. 3152'x5Totak 1DOA0% 255, 664 100.009 1OZ149 IOO.UO% 842,769 100.00% 3.659,081 100.00% 7226,173 100.CO% 880449 100. S& W.280

GanwW aCitrtg&Admin. Stator , CallocJon Ar0 Fir& 30w comm

2002 GYfST061E4SWAM CO= Cc= Flab Costs ADD • COats hlMD .

5° 1 Pmk Peak Tofi71 natalCLOSSIFlCATIONS Sh_ ra 332.602 Shh- Caaat PHD Coati Coat218.143 970.757 Sharo <, 760A24 ro

9CalltsS

o

2, 343,326 $ faro7.965.756

Sr4la-FaaByR= 4aL-.w 8232% 273.947 81.71% 178235 59.729% 543,565 2558% Mlai-FaaatYRe. dM«, 17.10% 23.624 725% 75,830 lhu% 159.739 17.929%

7, 084,1.01 2562% ' 344,704 3219» 321, 844 34. 23. 52.726.098007824% 27,424 745.8% 20.00% 268. 07 20.69% 20& 586 17 S1. 420AS4ial

4• 18.609 2026% 189,433 12.859, 534,653 20.98% 281,777 1621% 162,089 75.1 51,209.925Scboc(s0.40% 1•.• 26. Q, a37. 939 D.96% 8963 10.437.0' 3 1237 0' 939 092% 8.365 2fi2%

433,867 to." 142,645 1036% 102,934 8 $ 690,574Cf0' Pttcur O-V%

648 0.19% 108A13 294% 39545 460`.0 45$ 0,6 4. 846p 422 0.48% s392 0.43%

76, 017tA2% 13, 738 ]. 0?X 10,699 950% 547.624

1. 34% 4.448 2. 40.. 3.047 0.00% 0 7. 93% 76. 027 296% 40. 084 458% 49.791 2. 28% 5173.387OAc% 743 O. OBY. 121 0.099% 0 28.357. 1, 179563 15.84% 212719 9957. 99.577 18,E 1. 493. 729T= l: 100.00% 332,602 1DO.00x 218. 143 100.00% 910.751 100.00% 4. 160.424 100. 00% 7343.320 100.00% 999,757 1400% 7.965,197

er7° ml Billing 4Adman Stator C4tloca= Fko Fka Flow Comm. CommOdSarwko Cox

ADD S- seronw Pink Pcok T0p1 Tats)2002 C17STDd1ER C1A551F[CATIONS S tOf X3.673 Sh m

t CUMD COSta. PHD Casa _ CID= Cot148. 987 Share 665.Gda Sham 3, 100, 102 Sham 1, 002,739 hh-, 740,812 Share 5.879,690

S° O'-•"IRC•%SC1'la.' az327% 184. 777 81. 71% 119.646 $ 9.72% 397.573 25.58% Ai•F- YRmide ' 7,70% 7587E 7269, 70,644 t7S4% 776.756 17.92•„

792.905 25.52% 256.861 32.79» 238.483 - 33. 57989.736ommemial 24°» 1& 4?2 8.537. 22,573 20.367. 735.539555.627 20.00% 200.580 20.69» 163,300 17,97% 51. 052,746rnQQ drr;rial 0.40: 891 0.43% 632 Q, 98y. 398391 2095% 210,336 16.21% IM107 75 Se95.315

0.377. 837 0.43% 8,551 70.639% ?. 2'•2, 292 10. 62% 106A79 ; 030% 76,273 8.74 SS14, 7 t6OdrASmuatr 631 092% 5,T 14 262% 8:. 082 2,94% 29.519 4,60% 34. 46 2 5152,223Only

0. 19%

989 0. 79% 284 0.489% 3203 Q, 43w. 13,222 1. 02% 10255 1. 07% 7„922 0. 6C7 53532073496 2.989 1. 40% 2.049 0.009: 0 153» 56.643 298% 29921 4.98'; 36,895 2197 5128.0989,04% 99 OA57. 82 0-00% 0 29.35% 875$ si tS.Bd!% 158,787 8.96% 73,758 7891 S1. 1 11. 694

Tom 700.90.' 223, 673 200.06% 146. 682 200.00% 665,684 100.00=: 3.100.102 100,00% 7, 002.739 100.00: 740,877 1COA07. 55,879. 690

CA.D Page 61 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Public Works Project No. C410A

Date: April 29, 2013

Department: Public Works

Attachments: Budget Status Sheet Vicinity Map

Budget Impact: $0

Administrative Recommendation:

City Council approve Change Order No. 5 in the amount of $8,042.23 to Contract No. 11-12

for work on Project No. C410A, 277th Wetland Mitigation Monitoring (Annual).

Background Summary:

The purpose of this project is to monitor and maintain the wetlands created under the S. 277th

St Reconstruction Project, Project No. PR562, in order to meet permit requirements during the

10 year monitoring period. The project is currently in year 10 of the monitoring period. The City

worked with the Watershed Company to evaluate the performance of the wetlands and

prepare construction and permit documents to address the deficiences in 2011.

In May 2011, Contract No. 11-12 was awarded to Nordic Construction to implement a

supplemental mitigation planting plan for the wetland mitigation sites. Change Order No. 5

includes a one year extension of the Plant Establishment Period. This provides for an

additional year of maintenance of all plant materials installed under this contract, monthly

inspections, replacement of any dead or impaired plants, and additional bark mulch as needed

in order to be in compliance with the performance measures required by the permit. The work

is anticipated to be completed in May, 2014.

A project contingency of $737 remains within the 102 (Arterial Street) Fund.

Reviewed by Council Committees:

Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: CA.E

AUBURN * MORE THAN YOU IMAGINEDCA.E Page 62 of 132

Project No: C410A Title: 277th Wetland Mitigation Monitoring (Annual)

Project Manager: Leah Dunsdon

Project Initiation

Initiation Date: _July 19, 2010___ Permision to Advertise Date: April 16, 2013

Advertisement Date: _April 21, 2011__ Contract Award

Award Date: May 16, 2011_ Change Order

Monitoring Period

Funding Prior Years 2013 Future Years Total

102 Fund - Unrestricted 240,339 50,000 25,000 315,339

**328 Fund 10,004 10,004

Total 250,343 50,000 25,000 325,343

Activity Prior Years 2013 Future Years Total

Design Engineering & Monitoring - City Costs 20,118 2,500 5,000 27,618

Design Eng. & Monitoring - Consultant Costs 96,765 10,870 10,000 117,635

Construction Estimate 33,263 5,000 38,263

Construction Contract Bid 48,815 4,790 53,605

Authorized Contingency 5,423 5,423

Change Order #1 (Mill Creek addition) 9,865 9,865

Change Order #2 294 294

Change Order #3 (Mohawk Plastics Wetland

Mitigation Site maint. & fence repairs)** 10,004 10,004

Change Order #4 (Plantings at Mill Creek Site) 1,038 1,038

BUDGET STATUS SHEET

Funds Budgeted (Funds Available)

Estimated Cost (Funds Needed)

Change Order #4 (Plantings at Mill Creek Site) 1,038 1,038

Change Order #5 (Plant Establishment Period) 8,042 8,042

Other - Invasive Spraying 7,100 7,100

Other - Payment from PSE (3,803) (3,803)

Other - Water Meter Permit Fees 6,464 6,464

Construction Engineering - City Costs 24,465 7,500 3,000 34,965

Construction Engineering - Consultant Costs 4,093 2,000 2,000 8,093

Total 250,343 49,263 25,000 324,606

Prior Years 2013 Future Years Total

102 Funds Budgeted (240,339) (50,000) (25,000) (315,339)

102 Funds Needed 240,339 49,263 25,000 314,602

(102 Fund Project Contingency) 0 (737) 0 (737)

102 Funds Required 0 0 0 0

Prior Years 2013 Future Years Total

**328 Funds Budgeted (10,004) 0 0 (10,004)

**328 Funds Needed 10,004 0 0 10,004

(328 Fund Project Contingency) 0 0 0 0

328 Funds Required 0 0 0 0

**Funds were budgeted and paid for under Project CP0767, Mohawk Plastics Wetland Mitigation Project.

328 CIP Budget Status

102 Arterial Street Budget Status

H:\PROJ\C410A-S277WetlandMitigation\Budget\C410A.BudgetStatusSheet.xls1 of 1

4/16/2013 1:45 PMCA.E Page 63 of 132

CA.E Page 64 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Public Works Project No. CP0817

Date: April 29, 2013

Department: Public Works

Attachments: Budget Status Sheet Spreadsheets Vicinty Map

Budget Impact: $0

Administrative Recommendation:

City Council approve Final Pay Estimate No. 9 to Contract No. 10-17 in the amount of

$11,510.04 and accept construction of Project No. CP0817, 2009 Sewer and Storm

Station Replacement Phase C White River Storm Pump Station.

Background Summary:

This project replaced or retrofitted one storm and two sewer pump stations that were at

the end of their service lives. The project was phased to allow for separate construction

contracts:

Phase A: Dogwood Sewer Station Replacement (Construction 2010 – 2011)

Phase B: Ellingson Sewer Station Replacement (Construction 2010 – 2012)

Phase C: White River Storm Station Retrofit (Construction 2010 – 2013)

This Phase C construction contract included maintenance, repairs, and retrofits to the

existing White River Storm Station to meet current standards. The work included

measures to reduce maintenance costs and improve safety including replacement of the

existing backup generator, pumps, and electrical controls, and re-configuration of the

station to allow maintenance beneath high voltage power lines and to conform to current

fire safety codes.

A project budget contingency of $95,127 remains in the 432 Storm Fund.

Reviewed by Council Committees:

Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: CA.F

AUBURN * MORE THAN YOU IMAGINEDCA.F Page 65 of 132

AUBURN * MORE THAN YOU IMAGINEDCA.F Page 66 of 132

Project No: CP0817 Project Title:

Project Manager: Leah Dunsdon

Consultant Agreement

Initiation Date:12/15/2008 Permision to Advertise Date: April 15, 2013

Advertisement Date: 11/30/2010 Contract Award

Award Date: 1/3/2011 Change Order

Contract Final Acceptance

Funding Prior Years 2013 Future Total

432 Fund (Storm) 120,571 120,571

Bond Proceeds - 432 Fund (Storm) 2,159,384 26,616 2,186,000

Total 2,159,384 147,187 0 2,306,571

Activity Prior Years 2013 Future Total

Design Engineering - City Costs 30,866 30,866

Design Engineering - Consultant Costs 490,787 490,787

Construction Contract Bid 1,506,129 21,578 1,527,707

Change Order #1 - Intrusion/Alarm/Generator 12,061 12,061

Line Item Changes (21,579) (21,579)

2009 Sewer and Storm Replacement Project - Phase

C - White River Storm Station

BUDGET STATUS SHEET

The "Future Years" column indicates the projected amount to be requested in future budgets.

Funds Budgeted (Funds Available)

Estimated Cost (Funds Needed)

Line Item Changes (21,579) (21,579)

Construction Engineering - City Costs 62,854 7,000 69,854

Construction Engineering - Consultant Costs 68,748 3,000 71,748

SCADA Upgrades 30,000 30,000

Total 2,159,384 52,060 0 2,211,444

Prior Years 2013 Future Total

*432 Funds Budgeted ( ) (2,159,384) (147,187) 0 (2,306,571)

432 Funds Needed 2,159,384 52,060 0 2,211,444

* 432 Fund Project Contingency ( ) (0) (95,127) 0 (95,127)

432 Funds Required 0 0 0 0

* ( # ) in the Budget Status Sections indicates Money the City has available.

432 Storm Budget Status

1 of 1H:\PROJ\CP0817 The Sewer and Storm Pump Station Replacement\Budget\CP0817 - Budget Status Sheet.xls

4/12/2013 2:02 PMCA.F Page 67 of 132

CITY OF AUBURN CO. NO. 10- 17CP0817C White River Stone Pump Station i

PAY ESTIMATE# 9& FINAL SCHEDULE A. Utility Improvements

ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT EST.NO, ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE

UNIT COST TOTAL COST PERIOD COSTQTY

I _ Minor Chances 1._ 0.78 E . Adj. 25,000.00 $ 19 491. 16 78%2 lization .......-_ 1 1 LS 71 452.00 71 452.00 $ 1006T.3 Constructim $ L41L1{$) .... ._ 1 1 EA 538.00.$__ 538.00 1006/o4 Clearina and Grubbing 1 1 LS 7,3X00 7 338.0_0 $ 100%

Decommissioning and Partial Demolition Of5 xistiga Storm Sewer Pu Station 1

T

1 LS 19,531. 00 $ 19, 531. 00 $ 100%

and_Reaet_Fe.nce•. ._.__ 100 10o LF _.._-___....... 2o. ts $ 2,016.007 Shohna or Extra Excavation Classes 450 _ SF 12.90 $ 3,225:00- _ 56°To

9 CovetlGeotrextile o So' ili 200 I SY 2.69 $ 538.00 $ 100° 0

SlafB.Cim-Top_.Course 110 94.25 --- TON 1827.$ 1721. 95Storm Sewer Television lnspe o0 50- . _ LF 31. 60 $ 1 106.00 _,__..__..... 0 {

12.$taradby-Diesel_En-gi.ne_ 1 1..-_• •„•._. •., . ,•.-•_.- _ _ 130,075.00 130 075.00 $ 100% {Sound Wall& omplete 1 1 LS 55 960.00 $_....... 55,980.00

13 Submersible Screw Centrifugal Pumps 1 1 LS 424 587.00 424 587.00 $ 100% I14 Let W-e11_ ModificaUons_CoCnp1e 1 1 LS_ _ 156,798.00 3 156 798A0 1000/015 Qgm(;- mplete_._.... _.- 1 1 LS 33A 050.00 -- 334,050.00 .....___. - 100°Io

6 Temporary Storm Sewer Bypass S_VSte.M_- ._. I.....-.....I .. _ 1 LS 128 634.00 128 634.00 $ 17 OuMD-e ieation Device 4 4 .- EA 171. 00 $ 684.00 $ I G01T,0

1$- k1vdLOSeed[Ce0VviffL.B_os0 500 0 Sy _...._..__._.._..3.44 $_... QT19 ater Pp it t1xLLErosioa.Conb-ol_-_ 1 0.52 Eq. Adt. 5 500.00 S 52%

PS P_t= Everareen Huckl21

l e; rry 20 20 EA 45.70 914.00 $ 100 °

22R-51.. E_Ruaosa_Rose 25 25 EA __..

A27.

96 $_....____ 699,00 0 0

pSlpE QLC ILLGIaAe ......................._.,.__ 26 26 EA 2441 45.06 $ 1000/0

3_T_QIbSoil 100 30 .,.._.__._......_..... _CY 21. 50 645.00 $ --- _ 30°°24 d(Nulch__ __•_____._ 10 1 Cy 1 64.501_$....__._..._._645.,0025 Dewaterina Svstern

y

1 0 E . A 5 000.00 0l%

26 tern 1._._.__...__.._.._._. 1 I- S 9783.00 9783.00 $ o

Rollar-d, me 1 2 2 F 1. 742.00 $ 1, 484.00 o !

CO- 1 1 1 S_ 11 094.39- 1 11 014.39 1 $ 11, 014.39 100% 33

SCHEDULE TOTAL $ 11, 014.39 j

r

I

i

Period Dates jBegin: Mar21, 2012 I

End: Apr 15, 2013i

h: lpro•1pe1CP0817C PE-As 1 of 3 4/1212013 at 9:30 AMi

CA.F Page 68 of 132

4

CO. NO. 10-17 CITY OF AUBURN CP0817C, White River Storm Pump StationWhite River Storm Pump Station PROJECT SUMMARY CO. NO. 10- 17

PAY ESTIMATE# 9& FINAL

Original Contract Contract Change

Amount Orders Total Payment This Period PercentJContract

SCHEDULE A: Utility tmprovementsContract 1, 395, 155.70 $ 11, 014.39 $ 1, 386,474.32 $ 11, 014.39 99%

Sales Tax(+ 9.5%) $ 132,539.79 $ 1, 046.37 $ 131, 715.06 $ 1, 046.37

Retainage(- 5%) 69, 323.72) $ 550.72)

SCHEDULE TOTAL $ 1, 527,695.49 $ 12,060.76 $ 1, 448,865.66 $ 11, 510.04

k

I

113

I

j

TOTAL CONTRACT AMOUNT TO DATE ( including Sales Tax) 1, 518, 189.38

TOTAL PAYMENT TO CONTRACTOR 1, 448,865.66 $ 11, 510.04

PAYMENT DUE CONTRACTOR: 11, 510.04

iPer'bd Dates

Begin: Mar 21, 2012

End: Apr 20, 2013

i

h: lp \ pe1CP0817C PE.x(s 2 of 3 41122013 at 9: 30 AM

i

CA.F Page 69 of 132

CITY OF AUBURN CO. NO. 10-17

CP0817C

PAY ESTIMATE# 9& FINAL

CONTRACTOR:

Pease& Sons

PO Box 44100

Tacoma, WA 98778

Phone; 253-531- 7700

iI

The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statementshowing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimateestimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoevernature which I may have, arising out of this contract, which are not set forth in this estimate.

PAYMENT DUE TO CONTRACTOR= $ 11, 510.04

Signatures:

Contractor Date

lInspector Date 0-

Project Manager Date

City Engineer Date

I

ih:lproilpe\CP0817C PE-As 3 of 3 4/ 12/2013 at 9:30 AM

CA.F Page 70 of 132

CA.F Page 71 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Public Works Project No. CP1304

Date: April 29, 2013

Department: Public Works

Attachments: Consultant Scope of Work Summary Budget Status Sheet Vicinity Map

Budget Impact: $0

Administrative Recommendation:

Council grant permission to enter into Consultant Agreement No. AG-C-433 with KPG,

Inc. for engineering services for Project No. CP1304, 37th and B Street NW Pre-Signal.

Background Summary:

The 37th Street and B Street NW Pre-Signal project will construct a new pre-signal,

make modifications to the existing traffic signal, and install advanced railroad pre-

emption for the at-grade Burlington Northern Santa Fe (BNSF) rail crossing intersection

of 37th St NW and B St NW. This work will also mitigate the impacts from the proposed

BNSF third mainline rail anticipated to be constructed in 2014.

City staff has selected KPG, Inc. to provide design services for this project and the

anticipated consultant cost for this agreement is $55,000.00, which is included in the

project budget.

The total project budget is $384,450.00, of which $307,550.00 is from a federal grant and

$76,900.00 is budgeted in the 102 fund.

Reviewed by Council Committees:

Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: CA.G

AUBURN * MORE THAN YOU IMAGINEDCA.G Page 72 of 132

37TH AND B STREET PRE-SIGNAL

CONSULTANT SCOPE OF WORK SUMMARY

PAGE 1 OF 1

P1304 – 37th and B Street NW Pre-Signal Project Summary Scope for Design Services

Project Description The purpose of this project is to install a Pre-Signal on 37th Street NW on the eastbound approach to the intersection with B Street NW. The pre-signal will allow the traffic signal controller to provide a red indication to eastbound vehicles at the stop bar during the railroad preempt clearance interval while providing a green to any vehicles that are queued on the tracks. The pre-signal will be located west of the railroad tracks near the gates. Having the pre-signal installed west of the intersection should prevent vehicles from attempting to cross the tracks during the clearance interval, thus reducing the chances of the gates potentially falling onto vehicles.

Task 1: Project Management

This task will be continuous throughout the project design duration, which is assumed to be 10 months. It will include the work necessary to set up and plan the entire project and establish project-specific procedures, including communication, overall project coordination with the City and project team, and project closeout.

Task 2: Preliminary Design

This task will progress the major design elements to an overall 60% level, and perform specific activities to support this design level. The preliminary design effort will include evaluating, modifying, and advancing the previously developed conceptual design based on City and BNSF input. Documentation of the Preliminary Design task will include the preparation of advance railroad pre-emption calculations, 60% plans and specifications.

Task 3: Pre-Final Design

This task will progress the major design elements to an overall 90% level, and perform specific activities to support this design level. The pre-final design effort will include addressing City comments on the preliminary design documents and addressing BNSF comments on the advance pre-emption calculations. Documentation of the Pre-Final Design task will include the preparation of final advance railroad pre-emption calculations, 90% plans and specifications.

Task 4: Final Design

This task will address any remaining City and BNSF comments and will produce final bid documents that include specifications, plans, and a final estimate.

Task 5: Environmental Permitting Support

The Consultant will support the City’s environmental permitting process by providing relevant calculations and design documentation.

Task 6: BNSF Coordination and Support

The Consultant will support the City’s coordination with BNSF including providing documentation requested by BNSF to support the advance pre-emption and meeting support.

Total Consultant Agreement (not to exceed) = $55,000.00

CA.G Page 73 of 132

\\auburn12\building\PROJ\CP1304-37th & B St NW Pre-Signal\Budget\Budget Status Sheets\37th st & B st BudgetStatusSheet.xls 1 of 1

Project No: CP1304 Project Title: Project Manager: Jacob Sweeting

Project InitiationInitiation Date: 2/19/2013 Permision to AdvertiseAdvertisement Date: ________ Contract AwardAward Date: ___________ Change Order Approval

Contract Final Acceptance

Funding Prior Years 2012 2013 2014 Total

102 Fund - FHWA Grant 307,550 307,550102 Fund - Arterial Safety Improvements 50,000 26,900 76,900

Total 0 0 357,550 26,900 384,450

Activity Prior Years 2012 2013 2014 Total

Design Engineering - City Costs 15,000 15,000

Design Engineering - Consultant Costs 55,000 55,000

Construction Estimate 199,000 199,000

BNSF Improvements 47,500 47,500

ROW/Permits 6,500 6,500

Construction Engineering - Consultant Costs 15,000 15,000

Construction Engineering - City Costs 30,000 30,000

Contingency 16,450 16,450Total 0 0 92,950 291,500 384,450

Prior Years 2012 2013 2014 Total*102 Funds Budgeted ( ) 0 0 (357,550) (26,900) (384,450)102 Funds Needed 0 0 92,950 291,500 384,450

*102 Fund Project Contingency ( ) 0 0 (264,600) 0 0102 Funds Required 0 0 0 264,600 0

* ( # ) in the Budget Status Sections indicates Money the City has available.

BUDGET STATUS SHEET

37th St and B st NW Pre-Signal

Date:4/25/2013

The "Future Years" column indicates the projected amount to be requested in future budgets.

Funds Budgeted (Funds Available)

Estimated Cost (Funds Needed)

102 Arterial Street Budget Status

CA.G Page 74 of 132

CA.G Page 75 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Public Works Project No. CP1224

Date: April 30, 2013

Department: Public Works

Attachments: Budget Status Sheet Vicinity Map

Budget Impact: $0

Administrative Recommendation:

City Council grant permission to advertise for bids for Project No. CP1224, 2013 Local

Street Pavement Reconstruction Project.

Background Summary:

The 2013 Local Street Pavement Reconstruction project will reconstruct 0.7 miles of

local streets (shown on the attached map) as part of the 2013 Save Our Streets (SOS)

program. In addition, storm drainage improvements will also be constructed on the

project streets to address local storm drainage issues. This work is funded by the 103

(Local Street) Fund.

This project will also replace deteriorated and undersized water mains and replace a

sanitary sewer line as shown on the attached map. This work will be funded by the 430

(Water) Fund and 431 (Sewer) Fund respectively.

The 430 fund will also pay for the street restoration improvements on V St SE between

3rd Ct SE and 4th St SE. This section of V St SE is in good condition and not part of the

scope of the 2013 Save Our Streets program.

Construction of this project (CP1224) is anticipated to start in July 2013.

The 2013 SOS program will also overlay 0.1 mile of local streets and chipseal 1.3 miles

of local streets; however, this work will be done under a separate construction contract.

A project budget contingency of $363,968 remains in the 103 (Local Street Pavement

Preservation) Fund.

A project increase of $319,365 within the 430 (Water) Fund will be necessary, however it

will not require a budget adjustment since it is anticipated that this money will be

AUBURN * MORE THAN YOU IMAGINEDCA.H Page 76 of 132

available from the Annual Water Repair & Replacement and Well Inspection &

Replacement Programs.

A project budget contingency of $162,974 remains in the 431 (Sewer) Fund

Reviewed by Council Committees:

Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: CA.H

AUBURN * MORE THAN YOU IMAGINEDCA.H Page 77 of 132

Project No: CP1224 Project Title:

Project Manager: Seth Wickstrom

Initiation/Consultant Agreement

Initiation Date: __October 15, 2012___ Permission to Advertise

Advertisement Date: _____________ Contract Award

Award Date: ___________________ Change Order Approval

Contract Final Acceptance

Funding 2012 2013 Future Years Total

103 Fund - Local Street 2,400,000 2,400,000

430 Fund - Water (Street Utility Improvements) 500,000 500,000

431 Fund - Sanitary Sewer (Street Utility Improvements) 200,000 200,000

Total 0 3,100,000 0 3,100,000

Activity 2012 2013 Future Years Total

Design Engineering - City Costs* 10,000 10,000

Design Engineering - Consultant Costs 255,800 255,800

Funds Budgeted (Funds Available)

Estimated Cost (Funds Needed)

BUDGET STATUS SHEET

2013 Local Street Pavement Reconstruction Proj.

Date: April 25, 2013

The "Future Years" column indicates the projected amount to be requested in future budgets.

Construction Estimate 2,360,111 2,360,111

Construction Contingency (10%) 236,011 236,011

Construction Engineering - City Costs 20,000 20,000

Construction Engineering - Consultant Costs* 10,500 10,500

Total 0 2,892,422 0 2,892,422

*City staff costs for street design and construction are not charged against the project budget and are not shown here.

2012 2013 Future Years Total

**103 Funds Budgeted ( ) 0 (2,400,000) 0 (2,400,000)

103 Funds Needed 0 2,036,032 0 2,036,032

**103 Fund Project Contingency ( ) 0 (363,968) 0 (363,968)

103 Funds Required 0 0 0 0

2012 2013 Future Years Total

**430 Funds Budgeted ( ) 0 (500,000) 0 (500,000)

430 Funds Needed 0 819,365 0 819,365

**430 Fund Project Contingency ( ) 0 0 0 0

430 Funds Required 0 319,365 0 319,365

2012 2013 Future Years Total

**431 Funds Budgeted ( ) 0 (200,000) 0 (200,000)

431 Funds Needed 0 37,026 0 37,026

**431 Fund Project Contingency ( ) 0 (162,974) 0 (162,974)

431 Funds Required 0 0 0 0

** ( # ) in the Budget Status Sections indicates Money the City has available.

431 Sanitary Sewer Budget Status

430 Water Budget Status

103 Local Street Budget Status

1 of 1CA.H Page 78 of 132

CA.H Page 79 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Ordinance No. 6461

Date: April 26, 2013

Department: Planning and Development

Attachments: Ordinance 6461

Budget Impact: $0

Administrative Recommendation:

City Council to adopt Ordinance No. 6461.

Background Summary:

At its February 11, 2013 regular meeting, staff presented the Planning and Community

Development Committee (PCDC) with a request received by the City to reconsider the

regulations that govern the use of electric fences. PCDC directed staff to prepare code

amendments for consideration by the City’s Planning Commission. On March 4, 2013

staff presented a series of draft code amendments to the Planning Commission. The

Planning Commission scheduled a public hearing for April 2, 2013. Following the public

hearing, the Planning Commission deliberated on the matter and voted unanimously to

recommend to City Council that the attached amendments to City Code be adopted.

Ordinance No. 6461 was reviewed by the Planning and Community Development

Committee at their April 22, 2013 meeting and the Committee recommended approval to

the full City Council.

Reviewed by Council Committees:

Municipal Services, Planning And Community Development Other: Legal, Planning

Commission

Councilmember: Backus Staff: Tate

Meeting Date: May 6, 2013 Item Number: ORD.A

AUBURN * MORE THAN YOU IMAGINEDORD.A Page 80 of 132

ORDINANCE NO. 6 4 6 1

AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF AUBURN, WASHINGTON, AMENDING

SECTION 8. 12. 060 AND 18. 31. 020 OF THE

AUBURN CITY CODE RELATING TO ELECTRICFENCES

WHEREAS, under current City codes, electric fences are not provided for;

and

WHEREAS, there are standards by which electric fences could be

incorporated into urban settings that do not present incompatibility with uses

therein, so long as the fences are installed and used in compliance with those

standards; and

WHEREAS, where applicable, and in the zones identified herein, electric

fences may be permitted in accordance with the same standards as apply to

burglar alarms, so long as those fences are in conformity with the standards of

the International Electrotechnical Commission ( IEC).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,

WASHINGTON, DO ORDAIN as follows:

Section 1. Amendment to City Code. That Section 8. 12. 060 of

the Auburn City Code be and the same hereby is amended to read as follows:

8. 12. 060 Structures and buildings as nuisances.

A. It is a public nuisance to have a fence or similar structure with anybarbed wire, razor wire or similar wire located within five feet of any publicsidewalk unless the barbed wire, razor wire or similar wire is located at a heightgreater than eight feet above the ground. It is provided, however, that any fencelegally constructed and installed before April 12, 2003, shall be exempt from theprovisions hereof, so long as any barbed wire, razor wire or similar wire on or

Ordinance No. 6461

April 17, 2013

Page 1 of 6

ORD.A Page 81 of 132

affixed to the fence is located at a height of not less than six feet, and so long asno barbed wire, razor wire or similar wire on the fence projects beyond or

intrudes past the boundary of the property on which the fence or similar structureis located.

UndeFwr*teF LaboFateFie6 ( U. L.) er meets the testing standards of the UndepNriteLabeFateFies. It is farther pFoyideeth•+t

ele fens in GUGh Rc- Y l

r— ru,-n cr-prvv, r ai--erc6 rf6-- r rrvey—T,T

Of n + s thaR 30 n, aFe inches iRs` pelted at least eyeFy 50 foot en Ohoerne

statingthat the fence is nharned wit-

B. It is a public nuisance for any vacant, unused, or unoccupied building orstructure within the city to have any broken, missing, or open doors, windows, orother openings, allows access by unauthorized persons or the general public.

C. A building or structure, whether occupied or not, will also be considereda public nuisance if it has exterior elements that are defective, decayed or will in

any way contribute to the significant degradation of the building, and; if those

exterior elements are not repaired or otherwise abated, the building, within a

relatively short period of time, will become unsafe or make the building orstructure uninhabitable. (Ord. 5747 § 1, 2003; 1957 code § 7. 04.320.)

Section 2. Amendment to City Code. That Section 18. 31. 020 of

the Auburn City Code be and the same hereby is amended to read as follows:

18. 31. 020 Fences.

A. Height Regulations. The minimum or maximum height requirementsas stipulated throughout this chapter shall be considered to be met if the heightof the fence is within six percent of the height required. The height of the fenceshall be determined from the existing, established grade on the property.

1. The following regulations shall apply in the R- 1, R- 5, R-7, R- 10, R-

16, R- 20, R- MHC, RO, RO- H, I, C- N, C- 1, C- 2, and DUC zones:a. Fences may be constructed to a height not to exceed the following

in each of the required setback areas, as regulated per each zone, or as modified

by subsection B of this section:i. Front setback: 42 inches; provided, that fences constructed of chain

link, wrought iron or similar materials that provide visibility may be 72 inches inheight;

ii. Side setback: 72 inches;

iii. Rear setback: 72 inches;

iv. Street side setback: 72 inches.

Ordinance No. 6461

April 17, 2013

Page 2 of 6

ORD.A Page 82 of 132

2. Fences and walls built within the building area of a lot may be ashigh as the maximum building height allowed within the applicable zone. Buildingpermits are required for fences exceeding six feet in height.

B. Special Height Restrictions.

1. There shall not be anything constructed or reconstructed, and noobstruction permitted, within the sight distance triangle area as required by city ofAuburn engineering design standards.

2. In general, no fence, hedge, structure or other obstruction shall act

as a sight hazard to traffic, and the city engineer may order the removal of suchhazard whether or not such object otherwise complies with the provisions of thistitle.

C. Screened Fence.

1. A screened fence shall consist, at a minimum, of a chain link fence

interwoven with slats placed in every row or available space in the fence.2. A 100 percent sight-obscuring fence shall be constructed of solid

wood, metal, concrete or other appropriate material which totally conceals thesubject use from adjoining uses.

D. Fences and Associated Landscaping.1. When landscaping is required along the property line, the fence

shall be set back a minimum of five feet if the fence abuts a street right-of-way,

so as to not obscure such landscaping.2. At other property lines, the landscaping shall be located to serve

the greatest public benefit.E. Obstructions — Generally Prohibited.1. In no case shall any fence and/ or hedge be constructed or grown

such that it deters or hinders the fire authority from gaining access to any fireauthority connection, fire protection control valve, fire hydrant, or fire authorityappliance or device. Minimum clearance requirements for fire hydrants shall be in

accordance with the city design and construction standards.2. In no case shall any fence and/ or hedge obstruct the visibility of any

fire hydrant from a distance of 150 feet, in any direction, of vehicular approach tothe hydrant.

3. In no case shall any fence and/or hedge be constructed or grown ina manner which interferes with access to storm or sanitary sewer manholes andother appurtenances which require access for maintenance purposes.

F. Other than in the P- 1, M- 1 or M- 2 zones, no fence may include theuse of barbed wire; provided, that pasture areas a minimum of one acre in area

may be fenced with barbed wire in any zone. Barbed wire may be attached to thetop of and in addition to the height of a 72- inch fence in the above zones,provided it does not extend more than one additional foot in height.

G. Other than in the RC, R- 1, C- 3, M- 1, M- 2, BP, LF, or I zones,

electrical) recharged fences are not permitted. Electrically charged fences within

the RC R- 1 C- 3 M- 1 M- 2 BP LF, or I zones shall adhere to the following

Ordinance No. 6461

April 17, 2013

Page 3 of 6

ORD.A Page 83 of 132

standards. These standards shall not apply to underground pet fences, invisiblefences and wireless pet collar fences that are used to contain household pets.

1. Within the RC and R- 1 zones the electrical charge of an electric

fence must be noncontinuous and the electric fence controller shall be approved

by the Underwriter Laboratories ( U. L.) or meet the testing standards of theUnderwriter Laboratories. It is further provided that electric fences in the RC and

R- 1 zones that abut any public street or right-of-way shall include signs of notless than 30 square inches in size posted at least every 50 feet on the fence,stating that the fence is charged with electricity.

2. Within the C- 3 M- 1 M- 2 BP, LF, or I zones the construction and

use of electric fences shall be allowed in the City only as provided in this sectionand subject to the following:

a. Electrification:

i. The energy source ( energizer) for electric fences must be providedby a storage battery not to exceed 12 volts DC. The storage battery is charged

primarily by a solar panel. However, the solar panel may be augmented by a

trickle charger.

ii. The electric charge produced by the fence upon contact shall notexceed energizer characteristics set forth in paragraph 22. 108 and depicted inFigure 102 of International Electrotechnical Commission ( IEC) Standard No.

60335-2- 76.

b. Permit fence or wall: No electric fence shall be installed or used

unless it is completely surrounded by a non-electrical fence or wall that is notless than six feet.

C. Location: Electric fences shall be permitted on any non- residential

outdoor storage areas.

d. Height: Electric fences shall not exceed 10 feet in height.

e. Warning Signs: Electric fences shall be clearly identified with

warning signs that read " Warning - Electric Fence" at intervals less than sixty

feet Signs shall also contain imagery or symbols that allows non- Englishspeaking individuals to understand that the fence is electrically charged, e.q.

lightning bolts.f The permitting process for electric fences shall be governed and

regulated in accordance with the regulations for burglar alarms under City Code.H. Any fence located within a front setback that features a locking gate

or similar security device shall provide emergency access in a manner

acceptable to the fire marshal. ( Ord. 6245 § 15, 2009.)

Ordinance No. 6461

April 17, 2013

Page 4 of 6

ORD.A Page 84 of 132

Section 3. Implementation. The Mayor is hereby authorized to

implement such administrative procedures as may be necessary to carry out the

directions of this legislation.

Section 4. Severability. The provisions of this ordinance are

declared to be separate and severable. The invalidity of any clause, sentence,

paragraph, subdivision, section or portion of this ordinance, or the invalidity of the

application thereof to any person or circumstance shall not affect the validity of

the remainder of this ordinance, or the validity of its application to other persons

or circumstances.

Section 5. Effective date. This Ordinance shall take effect and be

in force five days from and after its passage, approval and publication as

provided by law.

INTRODUCED:

PASSED:

APPROVED:

CITY OF AUBURN

PETER B. LEWIS, MAYOR

ATTEST:

Danielle E. Daskam, City Clerk

Ordinance No. 6461

April 17, 2013

Page 5 of 6

ORD.A Page 85 of 132

APPROVED AS TO FORM:

VPD Kel" Ef FTeid,- C3itfy-Attorney

Published:

Ordinance No. 6461

April 17, 2013

Page 6 of 6

ORD.A Page 86 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Resolution No. 4938

Date: April 30, 2013

Department: Public Works

Attachments: Resolution 4938 ROW Map

Budget Impact: $0

Administrative Recommendation:

City Council adopt Resolution No. 4938.

Background Summary:

Resolution No. 4938 authorizes the Mayor to execute documents necessary to acquire

property related to the Auburn Way South Pedestrian Improvements, Dogwood St SE to

Fir St SE.

The property needs for this project include partial acquisitions from one property along

with the necessary temporary construction easements, and permanent easements.

The total estimated project costs are $945,612. The right of way phase is anticipated to

cost $3,000 and will be funded with state grant funds and local matching funds.

Reviewed by Council Committees:

Finance, Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: RES.A

AUBURN * MORE THAN YOU IMAGINEDRES.A Page 87 of 132

RESOLUTION NO. 4 9 3 8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFAUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO

NEGOTIATE AGREEMENTS AND EXECUTE DOCUMENTS

NECESSARY TO ACQUIRE PROPERTY RELATED TO THE CITYPROJECT FOR AUBURN WAY SOUTH PEDESTRIAN

IMPROVEMENTS, DOGWOOD STREET SE TO FIR STREET SEPROJECT CP1118)

WHEREAS, the City is committed to constructing project CP1118 —

Auburn Way South Pedestrian Improvements, Dogwood St SE to Fir St SE; and

WHEREAS, this project requires the acquisition of real property, including

partial acquisitions of one property; and

WHEREAS, this project requires the establishment of permanent

easements for roadway and utilities, and temporary easements for construction;

and

WHEREAS, the City Council has previously reviewed and approved

Resolution No. 4742 that accepted state funds for right of way acquisition for

this project; and

WHEREAS, the City Council has previously reviewed and approved

Resolution No. 4743 that accepted federal funds for this project; and

WHEREAS, the City Council has previously reviewed and approved

Resolution No. 4735 that authorized the Mayor to execute an interlocal

agreement with the Muckleshoot Indian Tribe ( MIT) to design and construct

Resolution No. 4938

May 1, 2013Page 1 of 3

RES.A Page 88 of 132

improvements to the Auburn Way South Corridor, between Fir Street SE and

Hemlock Street SE, adjacent to this project; and

WHEREAS, the MIT agreed to provide at no cost public transportation,

public utilities and private utilities easements, and right of entry and construction

agreements across MIT owned properties as identified in aforementioned

interlocal agreement, dated October 20, 2011, including the partial acquisition

of one property required for this project; and

WHEREAS, real property acquisition costs for this project are included in

the approved City budget; and

WHEREAS, the policies and procedures that will be followed in regard to

negotiation and purchase for these properties is governed by federal legislation

and will be strictly adhered to; and

WHEREAS, negotiation and purchase of these properties in an

expeditious manner is imperative to the success of this project, and delay in the

process would not be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

AUBURN, WASHINGTON, HEREBY RESOLVES as follows:

Section 1. The Mayor is hereby authorized to negotiate agreements and

execute all documents necessary to complete the acquisition of real property

Resolution No. 4938

May 1, 2013Page 2 of 3

RES.A Page 89 of 132

required to complete City project CP1118 — Auburn Way South Pedestrian

Improvements, Dogwood St SE to Fir St SE, consistent with budgeted funds.

Section 2. That the Mayor is hereby authorized to implement such

administrative procedures as may be necessary to carry out the directives of

this legislation.

Section 3. That this Resolution shall take effect and be in full force

upon passage and signatures hereon.

Dated and Signed this day of 2013.

CITY OF AUBURN

PETER B. LEWIS

MAYOR

ATTEST:

Danielle E. Daskam,

City Clerk

APPROVED AS TO FORM:

Daniel B. d,

City Attorney

Resolution No. 4938

May 1, 2013Page 3 of 3

RES.A Page 90 of 132

SEC. 20, T 21 N, R 05 E, W. M... a

y

T

yy

Ci

O ) MUC AUBURN TRIBE

N

2902AVRURN WAYS

yIV

Sf

J

3

w

uS N A

r

x

w A All 9•

xwd

r in

nN

t • ass

jLy

CITY OF_- RIGHT O F WAY MAP

APPROXIMATE EASEMENT AREA NEEDED

CP1118 FROM MUCKLESHOOT INDIAN TRIBE PROPERTIES

WASHINGTONAUBURN WAY SOUTH

PEDESTRIAN IMPROVEMENTS

DOGWOOD ST. SE TO FIR ST. SE CH2MHILL

RES.A Page 91 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Resolution No. 4939

Date: April 30, 2013

Department: Public Works

Attachments: Resolution 4939 ROW Map

Budget Impact: $0

Administrative Recommendation:

City Council adopt Resolution No. 4939.

Background Summary:

Resolution No. 4939 authorizes the Mayor to execute documents necessary to acquire

property related to the Auburn Way South Corridor Improvements, Fir St SE to Hemlock

St SE project.

The property needs for this project include partial acquisitions from ten properties along

with the necessary temporary construction easements, and permanent easements. Six

of the ten properties are acquisitions from the Muckleshoot Indian Tribe (MIT).

The total estimated project costs are $3,033,852. The right of way phase is anticipated to

cost $277,000 and will be funded with Transportation Improvement Board (TIB) grant

funds and local matching funds provided by MIT.

Reviewed by Council Committees:

Finance, Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: RES.B

AUBURN * MORE THAN YOU IMAGINEDRES.B Page 92 of 132

RESOLUTION NO. 4 9 3 9

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFAUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO

NEGOTIATE AGREEMENTS AND EXECUTE DOCUMENTS

NECESSARY TO ACQUIRE PROPERTY RELATED TO THE

AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS, FIR

STREET SE TO HEMLOCK STREET SE ( PROJECT CP1119)

WHEREAS, the City is committed to constructing project CP1119 —

Auburn Way South Corridor Improvements, Fir St SE to Hemlock St SE; and

WHEREAS, this project requires the acquisition of real property, including

partial acquisitions of ten properties; and

WHEREAS, this project requires the establishment of permanent

easements for roadway, utilities, walls, and slopes and temporary easements

for construction; and

WHEREAS, the City Council has previously reviewed and approved

Resolution No. 4736 that accepted state funds for right of way acquisition for

this project; and

WHEREAS, the City Council has previously reviewed and approved

Resolution No. 4735 that authorized the Mayor to execute an interlocal

agreement with the Muckleshoot Indian Tribe ( MIT) to design and construct

improvements to the Auburn Way' South Corridor, between Fir Street SE and

Hemlock Street SE; and

Resolution No. 4939

May 1, 2013Page 1 of 3

RES.B Page 93 of 132

WHEREAS, the MIT agreed to provide at no cost public transportation,

public utilities and private utilities easements, and right of entry and construction

agreements across MIT owned properties as identified in aforementioned

interlocal agreement, dated October 20, 2011; and

WHEREAS, real property acquisition costs for this project are included in

the approved City budget; and

WHEREAS, the policies and procedures that will be followed in regard to

negotiation and purchase for these properties is governed by federal legislation

and will be strictly adhered to; and

WHEREAS, negotiation and purchase of these properties in an

expeditious manner is imperative to the success of this project, and delay in the

process would not be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

AUBURN, WASHINGTON, HEREBY RESOLVES as follows:

Section 1. The Mayor is hereby authorized to negotiate agreements and

execute all documents necessary to complete the acquisition of real property

required to complete City project CP1119 — Auburn Way South Corridor

Improvements, Fir St SE to Hemlock St SE, consistent with budgeted funds.

Resolution No. 4939

May 1, 2013Page 2 of 3

RES.B Page 94 of 132

Section 2. That the Mayor is hereby authorized to implement such

administrative procedures as may be necessary to carry out the directives of

this legislation.

Section 3. That this Resolution shall take effect and be in full force

upon passage and signatures hereon.

Dated and Signed this day of 2013.

CITY OF AUBURN

PETER B. LEWIS

MAYOR

ATTEST:

Danielle E. Daskam,

City Clerk

APPROVED AS TO FORM:

r102 a(D e

City Attorney

Resolution No. 4939

May 1, 2013Page 3 of 3

RES.B Page 95 of 132

1y SEC. 20, T 21 N, R 05 E W. M. SEC. 21, T 21 N, R 05 E. W. M.

y 2D2mseu26 S' zD+ IDSeu6a zD_ m5ecsi zoa, D, yl nz

C OQ

i NFYNFYOF MUTUKLESHO T M K D T MUCNLOESHDOT

W WASHMGTON INDIAN TRIBE INDIAN TRIUE INDIAN TRIRF

p q k L—USURNWAYS 3D1 AUBURN WAYS 3026AU. N WAYS 0 FJRN W S Q' 2915UODUID

oRVlscoNls

10 AUUURN WPY 5

i

wI(SR1164 AU N A S

K

Y,

i 1 UNIT

EtDoo30

3' Dt AIS1RNWAYS

1• - '' L - 6 gg

2121D59066

A,, INDV1N iRIeE

Ida

y Y

k. 1

y

k ..= Y1 _' }

i i may,

RIGHT OF WAY MAP FROM

MIMATEHOOTINTANT NEEDEDFROM MUCKLESHOOT INDIAN TRIBE PROPERTIES

CITY OF _/ CP1119APPROXIMATE EASEMENT ANUIOR

AUBURN WAY SOUTH RIGHT- OF-WAY AREA NEEDED

WASHINGTON CORRIDOR IMPROVEMENTS

FIR ST. SE TO HEMLOCK ST. SE CH2MHILL

RES.B Page 96 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Resolution No. 4940

Date: April 29, 2013

Department: Public Works

Attachments: Res 4940

Budget Impact: $0

Administrative Recommendation:

City Council adopt Resolution No. 4940.

Background Summary:

Resolution No. 4940 declares that approximately 1.10 acres of City owned property is no

longer needed for Sanitary Sewer Utility purposes and authorizes the Mayor to execute

documents necessary to dedicate a portion of the property located on the east side of

West Valley Highway between West Main Street and the SR 167 / SR 18 interchange as

right of way.

A public hearing, as required by RCW 35.94.040, will be held at the May 6, 2013 City

Council Meeting to provide an opportunity for any interested parties to make comments

or suggestions related to Resolution No. 4940. Please refer to the staff report provided

for the public hearing for additional information.

In order to provide sufficient right of way for public street and public utility purposes, staff

recommends dedicating approximately 1.10-acre of the City owned property on the east

side of West Valley Highway as City right of way.

Reviewed by Council Committees:

Finance, Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: RES.C

AUBURN * MORE THAN YOU IMAGINEDRES.C Page 97 of 132

RESOLUTION NO. 4 9 4 0

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF AUBURN, WASHINGTON, DECLARING

CERTAIN REAL PROPERTY AS NO LONGER

NEEDED FOR SANITARY SEWER UTILITY

PURPOSES AND AUTHORIZING THE MAYOR TOEXECUTE A DEDICATION DEED THEREOF FORCITY RIGHT-OF-WAY PURPOSES FOR MUTUALCONSIDERATION

WHEREAS, the City, through its Sanitary Sewer Utility, owns property

located at West Valley Highway and West Main Street; and

WHEREAS, the recent City Project No. CP0916, the West Valley Highway

Improvements project, funded through grants and street revenues, was

constructed that widened West Valley Highway partially into the property; and

WHEREAS, property owners are required to complete certain frontage

improvements, and the West Valley Highway Improvements project has

completed a portion of these improvements exceeding the value of the property

to be dedicated as right of way; and

WHEREAS, in order to provide sufficient right of way for the West Valley

Highway public street and public utility purposes, staff recommends dedicating a

portion of the property as City right of way; and

WHEREAS, the City previously recorded a Wetland Construction and

Maintenance Easement under Recording Number 20050324000883, which

encumbers a portion of the property; and

WHEREAS, as required by RCW 35.94. 040, the City held a public hearing

on the matter of whether the property is no longer required for utility purposes;

and

WHEREAS, the Utility is an Enterprise of the City that is entitled to

segregation of its assets and liabilities as a part of that Enterprise; and

WHEREAS, in connection with this transfer, there is value to the utility to

be allowed to have its lines placed within the City road rights-of-way should that

be necessary in the future, and this is sufficient consideration to the Utility for the

Resolution No. 4940April 22, 2013

Page 1 of 2RES.C Page 98 of 132

property being dedicated.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,

HEREBY RESOLVES as follows:

Section 1. That the portion of the property described in Exhibit 1" is

hereby declared to be no longer needed for Sanitary Sewer Utility Purposes.

Section 2. That the Mayor is hereby authorized to execute a Dedication

Deed in substantially the form at Exhibit "2", which is attached hereto and

incorporated fully herein.

Section 3. That the Mayor is authorized to implement such

administrative procedures as may be necessary to carry out the directives of this

legislation.

Section 4. That this Resolution shall take effect and be in full force

upon passage and signatures hereon.

Dated and Signed this day of 12013.

CITY OF AUBURN

PETER B. LEWIS

MAYOR

ATTEST:

Danielle E. Daskam, City Clerk

APP50VED O FORM:

D el B. Heid, City Attorney

Resolution No. 4940

April 22, 2013

Page 2 of 2RES.C Page 99 of 132

EXHIBIT "' I"

fXHUMT" A"

RIGHT OF WAY LEGAL DESCRIPTION

A portion of the Southeast Quarter of the Southeast Quarter and of the Northeast Quarter of the

Southeast Quarter all in Section 14, Township 21 North, Range 4 East of the Willamette Meridian, in KingCounty, Washington, said portion described as follows:

Commencing at the Southwest corner of Parcel" F" as shown on Record of Survey recorded underRecording Number 20090403900002, Records of King County, Washington;

I

Thence N 160 34' 03" E along the east margin of West Valley Highway a distance of 278.66 feet to theTrue Point of Beginning,

Thence leaving said east margin of West Valley Highway N231 29' 46" E, 227. 32 feet;

Thence N 210 53' 56" E, 150.55 feet;

Thence N 120 55" 06" E, 91. 65 feet;

Thence N 38144' 24" E, 163. 99 feet;

Thence N 21046' 10" E, 74.40 feet;

Thence N 05134' 22" W, 15.49 feet;

Thence N 550 41' 56" W, 18. 83 feet;

Thence N 800 02' 16" W, 41.45 feet;

Thence N 181 17' 06' E, 32. 76 feet;

Thence N 18117' 14" E, 103. 36 feet;

Thence N 16157' 49" E, 65.02 feet;

Thence N 170 49' 04" E, 97.23 feet;

Thence N 190 04' 34" E, 33. 67 feet to the beginning of a non- tangent curve to the right, having a radiusof 76.34 feet from which point the center of said curve bears S 61121' 01" E;

Thence northeasterly along said curve through a central angle of 46106' 21" an arc distance of 61. 43feet to the beginning of a non- tangent curve to the right, having a radius of 284.43 feet from whichpoint the center of said curve bears S 150 14' 39" E;

Thence easterly along said curve through a central angle of 111) 52' 05" an arc distance of 58. 92 feet;

Thence N 86137' 25" E, 6. 51 feet;

RES.C Page 100 of 132

4

EXHIBIT " 1"

Thence N 02120' 41" W, 4.49 feet to the south margin of the 120 foot Right of Way of West Main Street

and the beginning of a Non- tangent curve, concave to the north, having a radius of 2920.0 feet fromwhich point the center of said curve bears N 02° 20' 41" W;

i

Thence westerly along said curve and along said south margin of West Main Street, through a central Iangle of

20 22' 28", an arc distance of 121.00 feet;

Thence N 890 57' 08" W, 25. 87 feet along said south margin of West Main Street to the east margin of

West Valley Highway;

Thence S 120 53' 25" W along said east margin of West Valley Highway, 81.45 Feet to the beginning of atangent curve to the right, having a radius of 2, 892.30 feet; I

Thence southwesterly along said curve and along said east margin of West Valley Highway, through acentral angle of 8134' 29" an arc distance of 432.85 feet;

Thence S 160 34' 03" W, along said east margin of West Valley Highway, 563. 39 feet to the Paint of i

Beginning.

This property description contains 48040 Square feet( 1. 103 acres), more or less.

Basis of bearings is NAD 83/ 91, Washington North Zone, as defined in Record of Survey recorded in

Volume 261 of Surveys at pages 98- 104 under recording number 20090403900002, records of King

County, Washington. i

R. 8U9Top WASyh:

229 4 j

Zo, 1i

I

i

0.\ 5 URVEY\ PROJECTS\ CP0916 West Valley Hwy\ ROW& Survey Control\ Exhibit A.doc 417-2013

i

1RES.C Page 101 of 132

Return Address: EXHIBIT "2"

City of AuburnCity Clerk25 West Main Street

Auburn, WA 98001- 4998

Above this line reserved for recording information

RIGHT OF WAY DEDICATION DEED

Reference#( if applicable): N/A

Grantor/Borrower: City of Auburn' s Sanitary Sewer Utility

Grantee/Assignee/ Beneficiary: City of Auburn

Legal Description/ STR: A portion of the NE' A of the SE 1/ 4 of

Section 14, Township 21 North, Range4 East W. M., King County, Washington

Assessor' s Tax Parcel ID#: 142104- 9050-05, 142104- 9051- 04,

142104-9049-09, 142104- 9048- 00,

142104-9075- 06

The Grantor, City of Auburn' s Sanitary Sewer Utility, for and in consideration of ten dollars,and other good and valuable consideration, in hand paid, dedicate and convey to the Grantee,City of Auburn a municipal corporation of the State of Washington, an easement for right ofway, public street and public utility purposes, to the same effect as if acquired by eminentdomain under the laws of the State of Washington, the following described real property:

A Right-of-Way described as follows:

SEE EXHIBITS " A" AND " B" ATTACHED HERETO AND BY THIS

REFERENCE MADE A PART HEREOF.

Said property is burdened by a Wetland Construction and Maintenance Easement,recorded under Recording Number 20050324000883, and included as EXHIBIT " C"

attached hereto and by this reference made a part hereof.

Right of Way Dedication DeedPage 1 of 2

RES.C Page 102 of 132

City of Auburn

Peter B. Lewis, Mayor

Date:

Attest:

Danielle E. Daskam, City Clerk

Date:

APPROVED AS TO FORM:

By:Daniel B. Heid, City Attorney

Date:

STATE OF WASHINGTON

ss.

County of King

I, the undersigned, a Notary Public, do hereby certify that on this day of20-' personally appeared before me PETER B. LEWIS, to me known to be the individual described in and whoexecuted the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act anddeed of the City, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to executesaid document.

In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first abovewritten.

Notary Public in and for the State of Washington,Residing atMy commission expires

RES.C Page 103 of 132

EXHIBIT" A"

RIGHT OF WAY LEGAL DESCRIPTION

A portion of the Southeast Quarter of the Southeast Quarter and of the Northeast Quarter of theSoutheast Quarter all in Section 14, Township 21 North, Range 4 East of the Willamette Meridian, in KingCounty, Washington, said portion described as follows: j

ICommencing at the Southwest corner of Parcel" F" as shown on Record of Survey recorded underRecording Number 20090403900002, Records of King County, Washington;

Thence N 160 34' 03" E along the east margin of West Valley Highway a distance of 278. 66 feet to theTrue Point of Beginning,

Thence leaving said east margin of West Valley Highway N230 29' 46" E, 227. 32 feet;

Thence N 210 53' 56" E, 150.55 feet;

Thence N 120 55" 06" E, 91. 65 feet;

Thence N 380 44' 24" E, 163. 99 feet;

Thence N 21 046' 10" E, 74.40 feet;

Thence N 05134' 22" W, 15.49 feet; I

i

Thence N 550 41' 56" W, 18. 83 feet;

Thence N 800 02' 16" W, 41.45 feet;

Thence N 180 17' 06' E, 32. 76 feet;

Thence N 18° 17' 14" E, 103. 36 feet;

Thence N 16157' 49" E, 65.02 feet;

Thence N 170 49' 04" E, 97.23 feet;

Thence N 190 04' 34" E, 33.67 feet to the beginning of a non-tangent curve to the right, having a radiusof 76.34 feet from which point the center of said curve bears S 61121' 01" E;

Thence northeasterly along said curve through a central angle of 46106' 21" an arc distance of 61.43feet to the beginning of a non-tangent curve to the right, having a radius of 284.43 feet from whichpoint the center of said curve bears S 150 14' 39" E;

Thence easterly along said curve through a central angle of 110 52' 05" an arc distance of 58.92 feet;

Thence N 86137' 25" E, 6. 51 feet;

RES.C Page 104 of 132

i

Thence N 029 20' 41" W, 4.49 feet to the south margin of the 120 foot Right of Way of West Main Street

and the beginning of a Non- tangent curve, concave to the north, having a radius of 2920.0 feet fromwhich point the center'of said curve bears N 0212041" W;

Thence westerly along said curve and along said south margin of West Main Street, through a centralangle of 2122! 28", an arc distance of 121. 00 feet;

Thence N 89157' 08" W, 25..87 feet along said south margin of West Main Street to the east margin of

West Valley Highway;

Thence S 12153' 25" W along said east margin of West Valley Highway, 81. 45 Feet to the.beginning of,atangent curve to the right, having a radius of 2, 892. 30 feet;

Thence southwesterly along said curve and along said east margin of West Valley Highway, through acentral angle of 80 34' 29" an arc distance of 432.85 feet;

Thence S 160 34' 03" W, along said east margin of West Valley Highway, 563: 39 feet to the Point ofBeginning.

This property description contains 48040 Square feet( 1. 103 acres), more or less.

Basis of bearings is NAD 83/ 91, Washington North Zone, as defined in Record of Survey recorded in

Volume 261 of Surveys°at pages 98- 104 under recording number 20090403900002, records of Kingi

County, Washington.i

2OX*aVJASyjN. 0

H 22954 •

sION LSLANO

SJ

y

O:\ SURVEY\ PROJECTS\ CP0916 West Valley Hwy\ ROW& Survey Control\ Exhibit A. doc 4- 174013

P

RES.C Page 105 of 132

W

W

0)

JZHMO - Ou)

Z0)-)-)-

NMh

hn

LOo

0]

QMO

C7MNOa0Q

d

00d'I-

ONCO

00d;

j

O

Z

rnN

3o

HQ^

w

N

Q

n00

M0L

00riM0`tN00

rn

QavU

c

o

Coou`

a)

Z

ui

w``'

z

z

3z:

3wwwwww33

6i

o

vvi

v

LU

Z

Z -

0).-

Ln

000) C7

N(

fl(

00d

Q1

lL')

U

O

y

OatsO

Eaf

QNONNZcN,

o

dOMNON

R

mm'~

O

W

OU")

Nrd"1 ,,

Md'o

r '

t0K)N

TNa.

O

60,

D

O'4- -

N00

miffU)

OOJ00

COI

CONQ)N

j

O

v

O

u) =

W

m

In

NZ

d .-

00

Cow-

M000V) ...

0

0

0

X

N

i

zzzzzzzzzzzi

RES.C Page 106 of 132

cuuau tf uVUaa, uU7

EXHIBIT "C"

AFTER RECQRDING RET(JRN' I n:

KC Property Services DivisionKC Administration Building, Rm. 500 3 40008

AQADM-ES-0500 A

lit

28asaz. e0

500 Fourth Avenue K= Ty, 01Seattle, WA 98104

EXCISE TAX NOT.REQUIREDKing Co. Records Division

0 V` Deputy

q J,Gp N r%46%DU-AAbove this line reserved for recording information.

GOEDECKE NORTH

WETLAND CONSTRUCTION AND MAINTENA CE.EASEMENT

KC—S. 27701 Street Phase III mitigation of wetlands)

Reference#( if applicable):

Grantor: City of Aubum' s Sanitary Sewer UtilityGrantee/ Assignee/ Beneficiary: King County

Legal Description/ STRr NE 1/4 of the SE 114 of Section 14 T2I R04

Assessor' s Tax Parcel IDS: 142104-9075, 142104-9048, 142104-9049, and

142104- 9051

THIS CONSTRUCTION AND MAINTENANCE EASEMENT (sometimes r ferred tohereinafter as ` Easement") is made and entered into this day of

2003, by and between the City of Aubuin' s Sanitary Sewer Utility,a municipal corporation of King County, Washington, organized. underlitle 35A RCW,hereinafter referred to as' the " CITY", for, the benefit of King- County, a political.subdivision of the State ofWashington, hereinafter referred to as" the COUNTY".

WHEREAS, the CITY owns-property that is partially encumbered:by wetlands; and

WHEREAS, the COUNTY is seeking to mitigate the-disturbance of an existing wetland

area along their'South 277th Street Reconstruction Project Phase III at property owned bythe CITY; and

WHEREAS, it is mutually agreed that preservation of quality wetlands is essential tomaintaining an environment, which supports quality water resources, and the preservationof wildlife thereby creating a benefit of public health, safety, and welfare; and -

WHEREAS, the' preservation and• enhancemet of wetlands is in conformity with theCITY' s Comprehensive Plan; and rsco

d ent(s) were filed forby Pwa Northwest nie as

aammoftononly. It has notbin.Goedecke North-- Wetland Maintenance Easement "' imins d b prgperexeeutloti orPage 1 of 8 to-He atfw mon title.

RES.C Page 107 of 132

LVVVVVA' tWWVOVJ. UVL

WHEREAS, the CITY.has received consideration from the COUNTY for granting this.Basemerit, the consideration has a Iong-term benefit to the CITY and the CITY' S SubjectProperty.,

NOW, THEREFORE, for and in consideration of ten dollars ($ 10.00) and other good and

valuable consideration, the receipt and adequacy of which are hereby acknowledged bythe CITY, the CITY hereby grants and conveys- to the* COUNTY this Easement asfollows:

1. AUTHORITY TO BURDEN SUBJECT PROPERTY.The CITY is-the owner in fee,simple of King County tax parcel, numbers 142104- 9075,142104-9048,. 142104-9049, and 142104- 9051 hereinafter referred to as Subject Property,located' in the City of Auburn, King County, Washington. A portion of the Subject

Property' has been legally described in Attachment ` A' *as Maintenance Easement,attached hereto and incorporated herein by.reference.- This site is to be used by theCOUNTY for wetland mitigation, per this Easement, and shall be hereinafter referred toas the Maintenance Easement. The CITY has full power and authority to burden theSubject Property and consequently the area described as the Maintenance Easement inAttachment A, with-this Easement,

2. PURPOSE.

The CITY' s purpose and intent in entering into this Easement is as follows:1) Satisfy the COUNTY' s' United States Corps of Engineers ( permit # 2002-4-

00714) requirements associated with the COUNTY' s South 277`x'

Street

Reconstruction Project Phase III,

2) Define' the area that the COUNTY is- seeking• to use, develop, maintain and-mitigate as an enhanced wetland, known as the King County Mitigation Tract,legally described ih Attachment ` B', attached hereto and incorporated herein byreference.

3)- Establish a Dedication of Open Space and Wetland Conservation that will run

with the land in perpetuity; upon the Subject Property for the King' CountyMitigation Tract. '

4) Provide the COUNTY with the ability,-if required, to monitor and maintain- theKing County Mitigation Tract as a functioning wetland for a period of thirteen-years, with an option to maintain the site longer if required by the United StatesCorps of Engineers.

3. RIGHT OF ENTRY/ ACCESS.

The CITY hereby provides the COUNTY with Right of Entry and Access across theadjacent CITY property, described in Attachment ' C', for the purpose of establishing andmaintaining the mitigation site. The access location may*be relocated at the CITY' sdiscretion and the COUNTY will be notified when this occurs.

Goedecke North— Wetland Maintenance EasementPage 2 of 9

RES.C Page 108 of 132

iVVVVViYVVVVVV VVJ

By acceptance of this Easement the COUNTY agrees, to the extent predictable, to leavethe Subject" Property adjacent to the Maintenance Easement,, in as good condition asexisted on the day the construction com.meneed., This shall' include the timely removal of.any and all debris, rubbish or combustible materials resulting from construction activities.

The CITY agrees. that this Right,of Entry shall continue in full force and effect from thedate -that the COUNTY gives adequate notice to the CITY for the commencement ofconstruction.until the COUNTY' s permit has been satisfied with the United States ArmyCorps of Engineers and other permit. agencies and the site has been restored to the

existipg conditions.

4,-- EASEMENTS.

The' CIT'Y hereby agrees to record a permanent. non- exclusive Wetland ConservationDedication set forth herein across, under, over and upon the King County MitigationTract, and the CITY covenants that this Wetland Conservation Dedication shall burden

the Subject Property and be a benefit to the public.

This Easement. granted and conveyed herein, grants- to the COUNTY, for a period ofthirteen( 13) years from the effective date of-this Easement, the.right to use the Mitigation

Tract, legally described in Attachment B'; as a wetland mitigation site to satisfy therequirerrtents of the United States Army Corps of Engineers in connection with the South277th Street Reconstruction Project Phase III including, but not limited to, establishing,monitoring, maintaining, preserving, and enhancing the wetland mitigation site andwetland functions- such "as recharge, conveyance' or storage of storm water. At the

COUNTY' s request, the maintenance period shall be' extended by an amendment to thisEasement, if such extension is necessary to satisfy the requirements of the Corps' ofEngineers.

8. . HEIRS, SUCCESSORS, AND ASSIGNS.

The covenants, terms, conditions, and restrictions of this Easement shall be binding upon,and inure to the benefit of, the parties hereto"and their respective personal representatives,heirs; successors, and assigns,-and shall continue as a servitude and easement running inperpetuity with the Subject Property. '

6. COUNTY USE DURING MAINTENANCE PERIOD.

The COUNTY shall design the wetland mitigation site to meet with the approval of theCorps of Engineers. The CITY shall review and approve of the wetland mitigation plans

once the Corps of Engineers have approved. the plans and prior to construction of anyenhancement to the Mitigation Tract.

During" the maintenance period, the COUNTY -may enter upon the MaintenanceEasement at all ti'mes and for all purposes related to-the implementation of the mitigation

requirements identified in the United States Army Corps of-Engineers permit.

By acceptance of this Maintenance -Easement the COUNTY agrees to maintain theMaintenance Easement as may be required by COUNTY and/ or state agencies and asapproved by.the CITY; and the COUNTY shall not otherwise unreasonably interfere with

Goedecke North—Wetland Maintenance EasementPage 3 of 9

RES.C Page 109 of 132

the ownership, possession, or use of the Maintenance Easement when entering to performthe permitted functions.described herein..

7. PROHIBITED USES OF WETLAND PROPERTY.

For the duration of the Maintenance Period, the CITY agrees. as follows:

1) The Mitigation Tract shall be protected as open space/wetland, and no other use

shall be permitted thereon;

2) The CITY shall not in any way impair or interfere with the function and use of theMitigation Tract;

3) The CITY shall take reasonable and necessary steps to prohibit construction ofany -structures or artificial surfaces or alteration of any- vegetation within theMitigation Tract, unless appropriate mitigation approved by the U.S. Army Corpsof Engineers for such disturbance is undertaken;

4) The CITY shall not undertake, nor cause or permit to be undertaken, any activityor use of the King County Mitigation- Tract which is inconsistent with thepurpose, scope, or intentof this Easement, or inconsistent with wetland functionssuch as: recharge, conveyance, or storage of stormwater; mitigation measuresrequired; and vegetative restoration, enhancement and protection.

This covenant exists for the benefit of, and may be enforced as noted herein by, theCOUNTY.

8. RESERVED RIGHTS.

The CITY reserves to itself all rights, title, interest, and obligations incident to ownershipof the Subject Property and King County Mitigation Tract except as otherwise providedin this Easement.

9. ENFORCEMENT.

In the event the CITY determines that the COUNTY Is in violation of the terms of this

Basement, the CITY may, at its option, give the COUNTY written notice thereof, and theCOUNTY shall have sixty( 60) days from receipt of said notice to cure the violation. If alawsuit is initiated to enforce- the terms of this Easement, the prevailing party in suchlawsuit shall be entitled to recover reasonable attorney' s. fees and costs incurred inprosecuting or defending against such lawsuit, in addition to any-other remedy or reliefobtained. The CITY, at its option, may take action' to preserve and protect the,WetlandProperty or its wetland function, after- first giving the .COUNTY the foregoing writtennotice and opportunity to cure, and, in such case, the reasonable expenses incurred by theCITY, to preserve and protect the Wetland Site shall also be recoverable from theCOUNTY if the COUNTY is found to be in violation of this Easement.

In the event the COUNTY determines that the CITY is in violation of the terms of this

Easement, the COUNTY may, at its option, give the CITY written.notice thereof, and theCITY shall have sixty ( 60) days from receipt of said notice to cure the violation. If a

lawsuit is initiated to enforce the terms of this Easement, the prevailing party in suchlawsuit shall be entitled to recover reasonable attorney' s fees and costs incurred inprosecuting or defending against such lawsuit, in addition to any other remedy or reliefobtained. The COUNTY, at its option,. may take action to preserve and protect theOcedecke North—Wetland Maintenance Easement

Page 4.of 8

RES.C Page 110 of 132

rrvvvr-r rr..vvwvv

Wetland Property, or- its wetland function, after first giving the CITY the foregoingwritten notice and opportunity to cure, and, in such case, the reasonable expensesincurred .by the COUNTY to preserve and protect the Wetland SIte shall also berecoverable from the CITY if the CITY is found io be in violation of this Easement.

10. NON.WAIVER OI+'BREACH.No omission or-failuie by the COUNTY to exercise or enforce any of.its rights under thisBasement or to require the CITY to cuire any breach hereof, nor any forbearance grantedby the COUNTY, shall be deemed or construed as a waiver by the COUNTY of suchrlghts or a discharge of liability for any breach by the. CITY of the terms hereof. Norshall any delay by the COUNTY in the exercise or enforcement of its rights and remedieslimit or impair such right or remedy, or be-construed as a waiver of the COUNTY' S rightto pursue its remedies.

11. - COSTS AND LIABILITIES.Except as otherwise provided in this Easement, the CITY retains all responsibilities and

will bear all costs and liabilities of any kind related to or incidental to the ownership ofthe Wetland Site. •The.CITY shall pay all assessments and taxation (if any) against saidWetland Site assessed by any governmental authority as they become due.'.

12. HOLD HARMLESS AND INDEMNIFICATION.Washington. State Law shall govern the respective liability between the parties to thisEasement- for any loss due to property damage or injury to persons arising out of theactivities conducted pursuant to-this Easement.

To the extent allowed by law, the COUNTY shall defend, indemnify and hold harmlessthe CITY, its elected officials,' employees and agents from and against any and all suits,claims, actions, losses, - costs, expenses of litigation, attorney' s fees, penalties, anddamages. of whatsoever kind or nature arising out of, in connection with or incident toany act or omission of the COUNTY, its employees, agents, and ' contractors in theexercise of the rights granted and conveyed to the"COUNTY by this Easement. Thisindemnification obligation shall include, but is not limited to, all claims against the CITY

by an employee or former employee of the COUNTY or its contractors and, as to suchclaims, the COUNTY expressly waives, as respects the CITY only, all immunity andlimitation of liability under Title 51 RCW.

To the extent allowed by law, (he. 0 rY shall defend, indemnify and hold harmless' the .COUNTY, its elected officials, employees.and agents-from and against any and all suits,claims, actions,• losses, costs, expenses of litigation, attorney' s fees, penalties, anddamages of whatsoever kind or nature arising out of, in connection with or incident toany act or omission of the CITY, its employees, agents, and contractors in theperformance of the- CITY'S obligations under this Basement. . This indemnification

obligation shall include, but is not limited to, all claims; against the COUNTY by anemployee or former employee of the CITY or its contractors and, as to*such claims, the

CITY expressly waives, as respects the COUNTY. only, all immunity and limitation of.liability under Title 51 RCW.

Goedecke North—Wetland Maintenance BasementPage 5of8

RES.C Page 111 of 132

cauaVVS4VVUao wYO

13. RECORDATION.' • '

The CITY agrees to incorporate the terms of this Maintenance Easement in any deed, .lease or other Easement, which divests the CITY of any interest in any portion of theSubject Property. The COUNTY shall record this Easement.against the Subject Property,immediately upon, execution by both parties, in the Office of the King CountyDepartment of Records and.Elections.

14. CONSTRUCTION.

This Easement shall be liberally construed to effect the purpose and intent hereof. '

15. SEVERABILITY.'

If any provision of this Easement Is ruled invalid or unenforceable for any reason. by acourt of competent jurisdiction, the remaining provisions hereof shall remain In force andeffect if such remainder would-continue-to serve the purpose and intent of the parties inentering into this Easement.

16. ENTIRE EASEMENT.

This Easement contains ' the' entire, Easement of the parties concerning the matierscontained herein' and any representations or understandings, whether oral or written; notincorporated herein are excluded,

i

17. NO THIRD-PARTY RIGHTS.

Nothing contained herein is intended to, nor shall be construed to, create any rights in anyperson or entity not a signatory to.this•Easement, or to form the basis for any liability onthe- part of the CITY, the COUNTY,• or their officials,. employees, agents or

representatives, to any person or entity not a signatory to this Easement,

IN WITNESS WHEREOF, the CITY has executed this easerri& it, effective as of the datefirst written above.

GRANTOR: GRANTEE:CITY OF AUBURN, KING COUNTY .

Dennis Selle, City Engineer Linda Dougherty, 11t1tltUl/

Road Services Division Director06 On

Z z 0 3645OTARy'Date T ' Res# N

S0* PUBLIC •Attest9

F' R

l/WAS

1

Danielle Daskam, City ClerkGoedecke North—Wetland Maintenance EasementPage 6 of 8

RES.C Page 112 of 132

2005o324U00SS3_007

Approved to:fo Approved as to form:

Dahfkh. Heid eputy Prosecuting Attorney

STATE OF WASHINGTON) ss

COUNTY OF KING

On this day before me; a Notary Public in and for the State of Washington, dulycommissioned and sworn, personally appeared Dennis Selle, to me known to be the CityEngineer of the CITY OF AUBURN, the city that.is described in and executed the .foregoing instrument, and acknowledged the said instrument to be the free and voluntaryact"of said city, for the uses and purposes therein mentioned, and on oath said personstated that said person was authorized to.execattethe said instrument.

Given under my hand and official seal this ZZL4ay of October, 2003.

A.

bQ;. , 6Stpy'• `

Ptt+ NOTARY PUB in and for the State of Washington

Nti 91- M- Printed Name: ( a tic•-ta( 34 r'

y

t :,•.r:

9,pQ . r',Residing at: C

ISMN ,`w.: y commission expires:

Goedecke North— Wetland Maintenance BasementPage 7 of 8

RES.C Page 113 of 132

6WOVJiGFVVVOOJo. YYtf

STATE OF WASHINGTON.-) ss

COUNTY OF KING

On this day before me, a Notary Public in'and for the State of Washington, duly-commissioned and sworn, personally appeared Linda.Dougherty, to me known to be theDirector of the Road Services-Department of KING COUNTY, the county that isdescribed in and executed the foregoing instrument, and acknowledged the saidinstrument tb be the free and voluntary act of said county, for the uses and purposestherein mentioned, and on.oath said person.stated that said person was authorized toexecute the said instrument.'

Given under my hand and official seal-this day of 2003.

bt 'CANOTARY PUBLIC in and for the Slate of Washington

aty ARy` Printed Name: Yl

t, ' o Residing at: rtc Z22My commission expires: a 0c q

Goedecke North— Wetland Maintenance EasementPage 8 of 8.

RES.C Page 114 of 132

L.VVVVV4YVVVVYJ VV.7

Attachment ' A'

Legal Description for.Maintenance.EasementTHAT PORTION OF THE SOUTHEAST QUARTER OF.SECTION 14, TOWNSHIP 21 NORTH,AMOB 4 EAST, W.M., DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER:THENCE NORTHA89°55' 39" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER956.68 FEET TO THE INTERSECTION WITH THE CENTERLINE OF WEST MAIN STREET ATHIGHWAY STATION 0+72.96 P.C., ACCORDING TO THE HIGHWAYPLANS FOR STATE 'ROUTE 167 APPROVED•OCTOBER 23, 1969 AND RECORDED WITH THE KING COUNTYRECORDER' S OFFICE UNDER RECORDING NUMBER 7311280308; THENCE CONTINUINGNORTH 89055' 39" WEST, ALONG SAID CENTERI1NH OF WEST MAIN STREET A DISTANCE'OF 12.47 FEET.TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WEST i

VALLEY HIGHWAY, STATE ROUTE NO 181, ACCORDING TO THE SURVEY FILED UNDERRECORDER' S NUMBER 8101279002; THENCE SOUTH 12° 54' 54" WEST ALONG SAID EASTRIGHT-OF-WAY LINE OF STATE ROUTE NO. 181, A DISTANCE OF 61. 54 FEET TO TJMINTERSECTION WPTH THB SOUTH RIGHT-OF-WAY.LINE OF REALIGNED WESTwAWSTREET AND THE POINT OF BEGINNING OF THIS PARCEL DESCRIPTION; TFMNC13 SOUTH89055' 39" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITHAND LYING 60 FEET RIGHT OF SAID REALIGNED WEST.MAIN STREET, A DISTANCE OF26. 15 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2920.00FEET; THENCE EASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRALANGLE OF 06433' 06", AN ARC DISTANCE OF 333.96 FEET TO A POINT 60 FEET RIGHT OFHIGHWAY STATION 4+00'-REALIGNED WEST MAIN STREET, THENCE SOUTH40°31' 23" EAST A DISTANCE OF 84.03 FEET TO A POINT 130 FEET RIGHT OF HIGHWAYSTATION 4+40, REALIGNED WEST MAIN STREET;.THENCE SOUTH 49° 52' 56" WEST ADISTANCE.OF 9.95 FEET;THENCE NORTH 40°36' 2 " WEST A.DISTANCE OF 37.41 FEET;THENCE SOUTH 31009' 49" WEST A DISTANCE OF 77.64 FEET; THENCE SOUTH 02026' 35"WEST A DISTANCE OF 213. 37 FEET; THENCE SOUTH 24°39' 14" WEST A DISTANCE OF 107. 86FEET TO A POINT ON THE NORTH LINE OF A 20 FOOT WIDE'SANITARY SEWER EASEMENT,AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8109100300; THENCE NORTH85040' 28". WEST ALONG SAID EASEMENTA DISTANCE OF 74.49 FEET; THENCE SOUTH04° 19' 32" WEST A DISTANCE OF 50.98 FEET; THENCE SOUTH 88°41' 26" WEST A DISTANCEOF 148.69 FEET; THENCE NORTH 64° 14' 40" WEST A DISTANCE OF 99.75 FEET; THENCENORTH 14°29 '40" WEST A DISTANCE OF 30.55 FEET TO THE NORTH LINE OF THE

f HEREINBEFOREMENI IONED SANITARY SEWER EASEMENT; THENCE NORTH 85° 40' 56"WEST ALONG SAID EASEMENT A DISTANCE OF 65.25 FEET TO THE EAST RIGHT-OF-WAYLINE OF WEST VALLEY HIGHWAY, BEING A POINT ON A CURVE TO THE LEFT, THECENTER POINT OF WHICH BEARS NORTH 71° 04' 01" WEST A DISTANCE OF 2895.00 FEET;THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A•CENTRAL ANGLEOF 06 001' 05" AN ARC DISTANCE OF 304.08 FEET; THENCE CONTINUING NORTH'12054' 54"EAST ALONG SAID EAST RIGHT-OF-WAYLINE, A DISTANCE OF 81.47 FEET TO TIM POINTOF BEGINNING. 6 VC6.9

CONTAINING 3. 803 ACRES, MORE OR LESS 1A '

Attachment' A'1x288 9'

Goedecke North—Construction/ Maintenance Easement, j• ""'

Page I of 2 OVAL LAp

cxe ttes o'

RES.C Page 115 of 132

SMMEAST 1A SECnmx%.•: m16NSIiIP 21. NORTH. RANGE 4 EAST YI. M.

i g Yvt.$ T MAINSTREET

12 47'ICD

100 {CENJEWHE

0

NORTH UNE SOUTHEAST 1/ 4 14089' 55'39' W / N89a5' 3TWo S'

SECTION i413

956.68'rO 26.15' R- 2920.00 7. Iw

S 89 5.39' E L= 333.90:. sr

Z

en4=6 33' 06'

rev` F

jc Co

S: 49'52'56—W 9.95'

N 40*3625' W 37.41'

MAINTENANCE, EASEMENTAREA 3.803 ACRES M,i

osS

N o wN GRAPHIC !SCALESEPTEMBE. l6 ZOo3

loo o . 50 loo 200

IN FEET.

v

3a'30. N 56' w er

65: NEiS` ip' S. 277TH STREET-- WEST LEG, PH. 228"w o GOEDECKE' NORTH PROPERTYEXIST_ a

2D'SENT,

74.49 yry

loxc WOM PROPERTY SER

fi

REC. NO. 81091 wN 14'29' 40' js g r

N8$ 40'2-8`'W30:55

o

MAINTENANCE EASEMEJTS84' 26"W" 14$ 69 104' 19' 32" W 50.98 I ROAD SMCES DjVIMON, SURVEY& MAPPINGwe couar WT mm" IaCr Moopo ms Aar xae=nro 1 er 1

Attachment` A'P

Goedecke North_ Construction/ Maintenance Easement ccPage 2 of2 ccc

ce

CCCcCC

RES.C Page 116 of 132

LVVi7VJL4VVVOOJeV' 1' 1

Attachment `BI

Legal Description for

King County. Mitigation Tract

GOEDECKE NORTH LEGAL DESCRIPTION

South2771b Street West Leg Phase 2 Mitigation Tract)That portion of the Southeast Quarter ofSection 14, Township 21 North, Range 4 East, W.M.,described as follows:

Commencing at the Northeast corner of said Southeast Quarter; thence North 89055' 39" Westalong the north line of said Southeast. Quarter for a distance of 956.68 feet to the intersectionwith the Centerline ofWest Main Street at Station 0 .72.96 P.C., according to the highway plansfor State Route 167 approved October 23, 1969 and recorded with the King County Recorder' sOffice under recording number 7311280308; thence continuing North 89055139". West alongsaid Centerline of West Main Street a distance of 12.47 feet to the intersection with the East

Right-4-Way line of West Valley Highway, State Route No. 181, according to the survey filedunder recorder' s number 8101279002; thence' South 12154' 54" West along said East Right-of-Way line of State Route No. 181 for a distance of 139.57 feet; thence South 77°05' 06" East for adistance of 147.11 feet to the True Point of Beginning, thence North 00100' 00" East for adistance of 34.34 feet; thence North' 23° 24' 02" East for a distance of 78.06 feet; thence North87°00' 09" East for a distance of 187.71 feet; thence South 40031' 23" East for a distance of31. 09feet; th6riee North 83 141' 25" East for a distance of 22.98 feet; thence South 31 109' 51" West fora distance of883 8. feet; thence South 02°26' 35" West-for a distance of213. 37 feet; thence South24139' 14" West for a distance of 107.86 feet to a point on the north line of a 20 foot widesanitary sewer easement, as recorded under King County Recording Number 81091Q0300;thence North 85040' 28" West along said easement line for a distance of 5.34 feet; thence North66027' 58" West for a distance of 88. 13 feet; thence South 76° 15' 31" West for a distance of

93.49 feet returning to the north line of the hereinbefore described sanitary sewer easement;thence North 85040' 28" West along said easement line for a distance of36. 15 feet; thenceNorth61 007' 081" West for a distance of 69.40 feet; thence North 57°44' 49" West for a distance of35.23 feet; thence North 05125' 14" East for a' distance of 41. 14 feet; thence North 37003' 32",

East for a distance of228. 80 feet to the True Point ofBeginning..

Containing 103,05 square feet, or 2:378 acres Zjh ' •'

NAL LAN9SXP R89S 10

Attachment' B'Qoedecke North— Construction/ Maintenance Easement

Page] of 2

RES.C Page 117 of 132

90E!{ HEg5T. 1/ 4. SEC710Ii M T091SISbflP 2f. RORTff, FAST. W 11,RANG'F. 4EEC... •

47' i 1,C) t

eEt SZti sE. t°: l . ... ts;' 3281H S-cam-- 7_H. ..W. E.S U7H A^'T 1/ 4 .. a•4

SECTM 14 ... .. 956.68'.13

187oN'

4 NS,i'00'09' E ~. Tt 1..

07 pS4t331' 23"E-31. 09--1

to y..-•

yl N8341' 25"E" 22.88 ... Al

f No0'dtocm

tiff KING cou fT1

y2.378 ACRES

N05"W'.14-E 41. 144'-•

44'49"1K 35.23 gro7d8' W d%40

85.40'28"W 36.15 GftAPF ][C.'`SCALEAs*:~.. - •

3 iy 100 . too' 200

st28

003ppFm

Id85'{ U'28"W 5.34 5. 277TH NEST- lEG,•;•PSI::c nEc 1 3Ft mcaTfb i 7RACr

i vssm.09 a uv 1» : 1tz0' + c1• aF f •

r

Attzcent`8' cGoedecke'Nordi- Construction/ Maintenance Basement•.

c

Page 2 of 2

c

cc

RES.C Page 118 of 132

Attachment `C'

Legal ]Description for

Right of Entry and Access

LEGAL DESCRIPTION

S.277THST. West Leg Ph, 2 ACCESS ROAD BASEMENT)THAT PORTION OF THE SOUTHEAST.QUARTER OF SECTION 14, TOWNSHIP 21 NORTH,RANGE 4 EAST, W.M.,DESCRIBED AS FOLLOWS:.COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER;

THENCE NORTH 89055' 39" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER956,68.FEET TO TIM INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WESTVALLEY HIGHWAY, STATE ROUTE NO 181, ACCORDING TO THE SURVEYFILED UNDERRECORDER' SNUMBER 8101279002; THENCE SOUTH 12°54154"• WEST ALONG SAID EASTRIGHT-OF-WAY LINE OF STATE ROUTE NO. 181, A DISTANCE OF 143. 01 FEET TO THEBEGINNING OF A CURVE TO 77M RIGHT HAVINGA RADIUS OF 2895.00 FEET, THENCE

SOUTHERLY ALONG SAID CURVE TO'THE RIGHT THROUGH A CENTRAL ANGLE OF06001105", AN ARC DISTANCE OF 304.08 FBET TO THE INTERSECTION WITH THE NORTHLINE OF A 20FOOT WIDE SANITARY SEWER EASEMENT, AS RECORDED UNDER KINGCOUNTY RECORDING NUMBER 8109100300; THENCE SOUTH 85040' 56" EAST ALONG SAIDNORTH 1ASEMENT LINE ADISTANCE OF 65.25 FEET; THENCE SOUTH 14029' 40" EAST ADISTANCE OF.30:55 FEET; THENCE SOUTH 64014' 40" EAST A DISTANCE OF 6.21 FEET TOTHE POINT OF BEGINNING OF THIS PARCEL DESCRIPTION,THENCE CONTR40ING SOUTH 64014' 40" EASTA DISTANCE OF 32.32 FEET; THENCE SOUTH37002' 58" WEST A DISTANCE OF 5.69 FEET; THENCE SOUTH 12° 03' 29" BAST A DISTANCE OF176.67 FEET; THENCE SOUTH 74°33' 58' WEST A DISTANCE OIL•121. 09 FEET; THENCE SOUTTH64033' 35" WEST A DISTANCE OF 95.91 FEET, THENCE NORTH 73° 55'.04" WEST A DISTANCEOF 34.71 FEET TO THE EASTERLY BOUNDARY OF A TRACT OF LAND CONVEYED TO THECITY OF AUBURN UNDER RECORDING NO. 0303080455; THENCE NORTH 16°39' 06" EASTALONG SAIL} EASTERLY BOUNDARY A DISTANCE OF 40.03 FEET; THENCE SOUTH73° 55' 04" EAST A DISTANCE OF 27.92 FEET; THENCE NORTH 63°42' 05" EAST A DISTANCEOF 131. 93 FEET; THENCE NORTH 19°31' 37" EAST A DISTANCE OF 63.94 FEET;.THENCENORTH 08° 23' 02" WEST DISTANCE OF 80.02 FEET; THENCE'NORTH 16019' 42" EAST A

DISTANCE OF 27.81 FEET TO THE POINT OF BEGINNING.LA

CONTAINING 0.367 ACRES,'MORE OR LESS

L LATIQt tRes rro

Attachment' C'Gwdecke North Construction/ Maintenance EasementPage 1 of 2

I

RES.C Page 119 of 132

Sa111iEAST i/4. SECiIOH i4, TOE Z1 110R1N• RAKGE 42= T. Yom,.WEST. MAIN STREETNORTH UNE- SOUTHEAST 1/ 4 14

c

NStJ S•33' WSECTION. f 4 569.15

f3

N

O

o LINE TABLEo uwE LENGTH sEARiMC

t, w MAINTENANCE EASEMp IT st4

O' AREA 3.803 ACRES Sst7

65 g••r56

56szo. .

r

4. ko• gsos-- 27.8 .

v oNW410

2i' N8540Zg y'y--r3

GRAPHIC . SCALEa 384• E

100 o so' 100 20o

tai 0= 1

S.

ACCESS2

t. ROpsWPH.

t4 s •°•: `• a a co nlrr rleo mr3Q- ROAR oNs' 4w30'

RM NM003OW455' '0.367 AC. rssryos

ROADJ . 3 ROAD SERVICES' Of1A50pl. WRVEY 6e MAPPMI6wio mwrr sm or vrawammm ua asses Mt 216- 77» 1 of

Attachmem` C'Goedwke North—C= U= bon/ Maintenance Eamement cPage 2 of2 0

NA

Clco

WO

A

RES.C Page 120 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Resolution No. 4941

Date: April 29, 2013

Department: Public Works

Attachments: Resolution 4941 Map

Budget Impact: $0

Administrative Recommendation:

City Council adopt Resolution No. 4941.

Background Summary:

Resolution No. 4941 authorizes the Mayor to execute documents necessary to acquire

property related to the Auburn Way South and M Street SE Intersection Improvements

project. This project is partially funded by a State Transportation Improvement Board

(TIB) grant.

The property needs for this project include the partial acquisition of 1305 17th Street SE

(Zion Lutheran Church) and may include a partial acquisition of 1414 M Street SE.

The total estimated project costs are $705,000.00.

The right of way phase is anticipated to cost $120,000.00 and will be funded with

Transportation Improvement Board (TIB) grant funds and local matching funds.

Reviewed by Council Committees:

Finance, Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: RES.D

AUBURN * MORE THAN YOU IMAGINEDRES.D Page 121 of 132

RESOLUTION NO. 4 9 4 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFAUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO

NEGOTIATE AGREEMENTS AND EXECUTE DOCUMENTS

NECESSARY TO ACQUIRE PROPERTY RELATED TO CITYPROJECT CP1024 — AUBURN WAY SOUTH AND M STREET SEINTERSECTION IMPROVEMENT

WHEREAS, the City is committed to constructing project CP1024 —

Auburn Way South and M Street SE Intersection Improvements; and

WHEREAS, this project requires the acquisition of real property, including

partial acquisition of property; and

WHEREAS, this project requires the establishment of permanent

easements for roadway and utilities, and temporary easements for construction;

and

WHEREAS, real property acquisition costs for this project are included in

the approved City budget; and

WHEREAS, negotiation and purchase of these properties in an

expeditious manner is imperative to the success of this project, and delay in the

process would not be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

AUBURN, WASHINGTON, HEREBY RESOLVES as follows:

Resolution No. 4941

May 1, 2013Page 1

RES.D Page 122 of 132

Section 1. The Mayor is hereby authorized to negotiate agreements and

execute all documents necessary to complete the acquisition of real property

required to complete City project CP1024 — Auburn Way South and M Street

SE Intersection Improvements, consistent with budgeted funds.

Section 2. That the Mayor is hereby authorized to implement such

administrative procedures as may be necessary to carry out the directives of

this legislation.

Section 3. That this Resolution shall take effect and be in full force

upon passage and signatures hereon.

Dated and Signed this day of 2013.

CITY OF AUBURN

PETER B. LEWIS

MAYOR

ATTEST:

Danielle E. Daskam,

City Clerk

nbg'niel

E O FO M:

Heid,

City Attorney

Resolution No. 4941

May 1, 2013Page 2

RES.D Page 123 of 132

i

M ST SE

17TH ST SE

17th ST SE

AUBURN WAY SOUTH AND M STREETCITY OF

RN SE INTERSECTION IMPROVEMENTS Property MapAll"BIWASHINGTON

NOT TO SCALE

RES.D Page 124 of 132

AGENDA BILL APPROVAL FORM

Agenda Subject: Resolution No. 4946

Date: May 1, 2013

Department: Public Works

Attachments: Resolution 4946

Budget Impact: $0

Administrative Recommendation:

City Council adopt Resolution No. 4946.

Background Summary:

Resolution No. 4946 authorizes the Mayor to grant an easement to Puget Sound Energy,

Inc. (PSE) for the purpose of installing underground power facilities on a City owned

parcel for the Academy Booster Pump Station Project. The easement is needed for PSE

to install and maintain the underground power facilities needed to serve the project.

The purpose of the Academy Booster Pump Station project is to construct a new water

booster pump station in the Academy Water Service Area in order to meet fire flow

demands and to provide adequate domestic water service, as identified in the 2001

Comprehensive Water Plan and the 2009 Comprehensive Water Plan. The new

Academy Booster Pump Station will provide approximately 300 gpm domestic supply,

2,500 gpm fire flow supply, and will include emergency power. Work also includes the

decommissioning of the existing Janssen’s Addition Pump Station.

Reviewed by Council Committees:

Finance, Public Works

Councilmember: Wagner Staff: Dowdy

Meeting Date: May 6, 2013 Item Number: RES.E

AUBURN * MORE THAN YOU IMAGINEDRES.E Page 125 of 132

RESOLUTION NO. 4 9 4 6

A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF AUBURN, WASHINGTON, , AUTHORIZING THE

MAYOR TO GRANT AN EASEMENT TO PUGET SOUNDENERGY FOR THE PURPOSE OF INSTALLING

UNDERGROUND POWER FACILITIES FOR THE

ACADEMY BOOSTER PUMP STATION PROJECT

CP0909)

WHEREAS, the City is committed to constructing project CP0909-

Academy Booster Pump Station project, hereinafter referred to as the " Project";

and

WHEREAS, the Project is constructing a water pump station in the City' s

Academy service area that will meet projected water demands, satisfy fire flow

requirements for current and project land uses, and to comply with service

policies established by the City; and

WHEREAS, Puget Sound Energy, Inc. requires an easement to construct

and maintain underground power facilities needed to serve the Project; and

WHEREAS, there is a mutual benefit to the City and Puget Sound

Energy, Inc. in establishing the easement as the underground facilities will

provide power to the new water pump station.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,

WASHINGTON, HEREBY RESOLVES as follows:

Section 1. The Mayor is authorized to grant to Puget Sound Energy,

Inc. and record with the offices of the King County Recorder the easement inResolution No. 4946

May 1, 2013Page 1 of 2

RES.E Page 126 of 132

Z10Z96ed

6oZ 'lAeW

9t76t, 'ONuoi;nloseU

Aauao:4yAjio

I,aH '819UW

Wb0=1OlS`d03AO0JddV

w1040wesea '3allaiuea

1S3HV

bJoAvW

SIM31 '8b313d

Minonv -OJlllo

CWZ ` 10AepslgjpaubiSpuepale(]

uoejeqsainleubispueabesseduodn

aojojIln} uleqpuejoagaaejlleysuoljnlosajsiglley1 •guoijoes

u01jelsl6alslgj

10sangoaalpaqj }nokjeoofkessaoauaqAmsesainpeooidani}ea}slulwpe

jayloBonsjuawaldwiofpazljoy}neslaoAelNaqjleyl •Zuoi;oeS

uiajeqpaleaodjooui

pueo}aaaqpayoel}e `yjuawyoej}yulpaquosapsewjolawesaqjAlleiluelsgns

RES.E Page 127 of 132

RETURN ADDRESS:

Puget Sound Energy, Inc.Attn: R/W Department( HMP)

PO Box 90868/ EST-06WBellevue, WA 98009

EASEMENT

REFERENCE#:

GRANTOR: CITY OF AUBURN, a Washington municipal corporation

GRANTEE: PUGET SOUND ENERGY, INC.

SHORT LEGAL: SW27- 21 N- 05E

ASSESSOR' S PROPERTY TAX PARCEL: 272105- 9106

For and in consideration of One Dollar($ 1. 00) and other valuable consideration in hand paid, CITY OF AUBURN, a

Washington municipal corporation (" Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY,INC., a Washington Corporation (" Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual

easement over, under, along, across, and through the following described real property(" Property" herein) in KingCounty, Washington:

THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 27, TOWNSHIP 21 NORTH,RANGE 5 E. W. M., DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF GOVERNMENT LOT 6, SECTION 27,TOWNSHIP 21 NORTH, RANGE 5 E.W.M.; THENCE SOUTH 140.00 FEET; THENCE

SOUTH 57°13' 00" EAST 312.40 FEET; THENCE NORTH 45°43' 00" EAST 352. 119 FEET,MORE OR LESS, TO THE STATE ROAD NO. 5; THENCE NORTH 4414' 00" WEST

ALONG SAID STATE ROAD 90. 00 FEET, MORE OR LESS, TO THE NORTH LINE OFSAID GOVERNMENT LOT; THENCE NORTH 89°44' 52" WEST, ALONG SAID NORTHLINE 460.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

Except as may be otherwise set forth herein Grantee' s rights shall be exercised upon that portion of the PropertyEasement Area" herein) described as follows:

SEE EXHIBITS " A" AND " B" ATTACHED HERETO AND BY THIS REFERENCE MADEA PART HEREOF.

1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair,

replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and saleof electricity. Such systems may include, but are not limited to:

Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity;fiber optic cable and other lines, cables and facilities for communications; semi- buried or ground-

mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilitiesor appurtenances necessary or convenient to any or all of the foregoing.

Following the initial construction of all or a portion of its systems, Grantee may, from time to time, constructsuch additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement

Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensateGrantor for any damage to the Property caused by the exercise of such right of access by Grantee.

2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose ofany and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on acontinuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or othervegetation in the Easement Area.

3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purposenot inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain anybuildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet ofGrantee' s facilities without Grantee' s prior written consent.

4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a resultof Grantee' s negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall requireGrantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or thenegligence of others.

5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the

Easement Area for a period of five ( 5) successive years, in which event, this easement shall terminate and all rights

ACADEMY BOOST PUMP STATION

UG Electric 11/ 1998

WO# 105065489/ RW-083323

Page 1 of 4

RES.E Page 128 of 132

hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the propertyof Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee' s failureto initially install its systems on the Easement Area within any period of time from the date hereof.

6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any orall of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality ofthe foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respectivesuccessors and assigns.

DATED this day of 2013.

GRANTOR:

CITY OF AUBURN, a Washington municipal corporation

BY:

ITS:

STATE OF WASHINGTON )

SS

COUNTY OF

On this day of 2013, before me, the

undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appearedto me known to be the person( s) who signed

as of CITY OF AUBURN, the Washington municipal corporationthat executed the within and foregoing instrument, and acknowledged said instrument to be free and

voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for theuses and purposes therein mentioned; and on oath stated that was authorized to execute the said

instrument on behalf of said a Washington municipal corporation.

IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.

Signature of Notary)

Print or stamp name of Notary)

NOTARY PUBLIC in and for the State of Washington, residingat

My Appointment Expires:

Notary seal, text and all notations must be inside 1° margins

ACADEMY BOOST PUMP STATION

UG Electric 11/ 1998

WO# 105065489/ RW-083323Page 2 of 4

RES.E Page 129 of 132

EXHIBIT" A"

PUGET SOUND POWER EASEMENT

That portion of Government Lot 61n the Southwest quarter of Section 27, Township 21 North, Range 5

East of the Willamette Meridian, Lin King County, Washington, said portion being an-easement 10.0 feetin width lying 5. 0 feet on both sides of the following described centerline:

Commencing:at the Southwest corner of Lot A_(Westerly Portion) of Auburn Boundaryiine Adjustment8LA06-0005 as recorded under recording number' 20070626900013, records of King County, WA, saidsouthwest:corner being identified as the West Quarter corner of Section 27, Township 21 North, Range

5 East of'the Willamette Meridian and marked' by a concrete monument with a2" brassie' with" X"

according to said BLA06-0005;

Thence S 880 42' 13" E, 440.01 feet along the south line.of said; Lot A( Westerly Portion) to'.thesouthwesterly margin of Auburn Way South,. also known as State Highway 164;.

Thence S 450 37' 27" E, 78. 71.feet along the said southwesterly margin of Auburn Way South, also

known-as State Highway no., 164, to the True Point of Beginning;

Thence S 440 55' 29." W, 58.33 feet;

Thence W860 43' 07" W, 15. 11 feet;,

Thence N 730 47' 33" W, 19. 52 feet;

Thence N. 856 03' 11" W, 55. 49 feet;

Thence' N 710 43' 4b" W, 105. 66 feet;

Thence N, 87°. 02' 22" W, 55. 70 feet;

Thence S 780 30' 48" W, 101.35 feet to the terminus of the Easement.

The sidelines of this easementare to be shortened or lengthened so as to intersect in themselves and

terminate at the southwesterly margin of Auburn Way South; State Highway 164.

This easement contains.4129 square feet,( 0.095 Acres) more or less. R gbWAS*"-. i,}

S Nyi

ia

22084

O:\ SU CTRVEY\ P901ES\ CP0909- Lakeland& Academy' Reservolrs\ Academy Booster PS\ Const\ Exhlblt A PSE Ease n o

F`td" 9Fa 9T0A

J

t2Z'203 4'AL L AtS 5

ACADEMY BOOST PUMP STATION

UG Electric 11/ 1998WO# 105065489/ RW-083323

Page 3 of 4

RES.E Page 130 of 132

mHm2XW

zOaU)

M

n

NM00O

aU)O m (

Lo

U(

0

U

501

O

W

O

O

W

Tt

rn

O

Q

ia

RES.E Page 131 of 132

BLA OB0005PORTION) qGb

20070326900013

dBLM Cone. man, W/ 3" brass and " X" SOUTH LINE OF LOT A y

West j Corner, Section 27, Township 21WESTERLY PORTION) S'O

6 North, Range 5 East W. M.OF BIA 06- 0005 h

S 88' 42' 13" E 440.01' rs+

Commencing7

True Point ofs sJ

gPoint Conc. Beginning Centerlineman. W/ 2" NEV FLOWWETER Easement contains of Easement

PUMP 4129 Sq. Feet

West o Corner,

g brass and BUADINa FLe-

1 !0. 095 Acre

J- N 7347' 33" Ww Section 27,

LTownship 21 t- 19.52'

aNorth, Range 5

f

1u! N 87' 02'22' W /`` N 86'5'07" t%/b East W. M. Per5 78' 30' 48" W

55.70'

bo Ros. 101. 35'

aNo.20070826900013

Zandm N 71' 43' 4 " W

J9408019007 705.66 S 44'55' 7,9" W

op n 58. 33

m N 85'03111" W55.49'

W

oo 00

04

ca

p

oosReference Material:-

P4LeLZ

ROS No. 20070626900013ROS No. 9408019007 NORTH F

N.T.S.

C MTHIS DRAWING IS TO ACCOMPANY THE LEGAL DESCRIPTION FOR THE cPSE EASEMENT AND DOES NOT REPRESENT A BOUNDARY SURVEYo

En0'

CITY OF1* EXHIBIT" B" MAP PROJECT NUMBER:CP0909 r'0,CITY OF AUBURN PSE EASEMENT 04122/ 2013 m vPUBLIC WORKS DEPARTMENT CITY OF AUBURN ACADEMY RESERVOIR SITE SCALE: N. T.S. c o wWASHINGTON

King County Tax Parcel 272105-9106 DRAWN BY: BLM w w oQ W`

rntea

RES.E Page 132 of 132


Recommended