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HomeMy WebLinkAbout03-16-2020 CITY COUNCIL AGENDACity Council Meeting March 16, 2020 - 7:00 P M Virtual and City Hall Council Chambers A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R A .Virtual Participation Link 1.Virtual P articipation L ink T he City Council Meeting will be held virtually and in person at Council Chambers. T he public is highly encouraged to attend the meeting by clicking on the link or calling into the meeting at the phone number which will be provided below by 5 p.m. F riday. B .P ledge of Allegiance C.Roll Call I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS I I I .AP P O I NT M E NT S A .Transportation Advisory B oard City Council to appoint Waylon Menzia to the Transportation Advisory B oard, serving as the high school student representative, for a three year term to expire December 31, 2022 (RE C O M M E ND E D AC T I O N: M ove to approve the Transportation Advisory Board Appointment.) I V.AG E ND A M O D I F IC AT I O NS V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A .P ublic Hearings 1.Public Hearing for Right-of-Way Vacation V 1-19 (Gaub) 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. Page 1 of 36 1.Virtual P articipation I f you are attending the meeting virtually (use the link or number which will be provided above by 5 p.m. Friday) please sign in and the Chair will call on the participant to speak at the appropriate time. Participants can alternatively submit written comments to scampbell@auburnwa.gov. A ll written comments must be received prior to 7:00 p.m. on the day of the scheduled meeting and must be 350 words or less. C.Correspondence - (T here is no correspondence for Council review.) V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. 1.F inance Ad Hoc Committee (Chair B aggett) V I I .C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .Minutes of the March 2, 2020 Special City Council Meeting B .Minutes of the March 2, 2020 Regular City Council Meeting C.Claim Vouchers (Thomas) Claim vouchers list dated March 16, 2020 which includes voucher numbers 457607 through 457801 in the amount of $4,648,835.35 and one wire transfer in the amount of $440,993.81 D.P ayroll Vouchers (T homas) P ayroll check numbers 538871 through 538886 in the amount of $238,554.63 and electronic deposit transmissions in the amount of $2,111,889.01 for a grand total of $2,350,443.64 for the period covering F ebruary 25, 2020 to March 11, 2020 (RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.) V I I I .UNF INIS HE D B US I NE S S I X.NE W B US I NE S S X .O RD INANC E S A .Ordinance No. 6759 (Gaub) A n Ordinance vacating right-of-way of a portion of the alley north of 3rd S treet NE between B S treet NE and Auburn Avenue (RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6759.) Page 2 of 36 X I .RE S O L UT IO NS A .Resolution No. 5502 (Hinman) A Resolution approving the L odging Tax Grant disbursements recommended by the A uburn L odging Tax Advisory Committee (RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5502.) X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A .From the Council B .From the M ayor X I I I .AD J O URNM E NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 3 of 36 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for Right-of-Way Vacation V1-19 (Gaub) Date: February 4, 2020 Department: Public Works Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to hold a Public Hearing in consideration of Right-of-Way Vacation V1-19. For further action on this item see Ordinance No. 6759. Background Summary: Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the proposed right-of-way vacation for V1-19 for the right-of-way of a portion of the Alley north of 3rd Street NE between B Street NE and Auburn Avenue. The date of the public hearing was set by Resolution No. 5490 on February 3, 2020. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:March 16, 2020 Item Number:PH.1 Page 4 of 36 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the March 2, 2020 Special City Council Meeting Date: March 10, 2020 Department: City Council Attachments: 03-02-2020 Special Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:March 16, 2020 Item Number:CA.A Page 5 of 36 Special City Council Meeting March 2, 2020 - 6:00 P M City Hall Council Chambers MINUT E S I .C AL L T O O RD E R Mayor Nancy Backus called the meeting to order at 6:00 p.m. in the Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn. A .Roll Call Councilmembers present: Deputy Mayor Claude DaCorsi, B ob Baggett, J ames J eyaraj and Chris Stearns. Councilmember Robyn Mulenga and Yolanda Trout-Manuel were excused and Councilmember L arry Brown was unexcused. Mayor Nancy Backus and the following department directors and staff members were present: City Attorney Kendra Comeau, Chief City P rosecutor Harry Boesche, Director of A dministration Dana Hinman, Director of Public Works I ngrid Gaub, Director of Human Resources and Risk Management Candis Martinson, Development S ervices Manager J ason Krum, Economic Development Manager Doug L ein, Chief of P olice Dan O’Neil and Deputy City Clerk Teresa Mattingly. I I .D IS C US S I O N IT E M S A .City Organizational Overview - L egal Department (Comeau) City Attorney Comeau and Chief P rosecutor Boesche provided Council with an overview of the L egal Department and discussed the Civil, Criminal P rosecution and City Clerks divisions, what each division is responsible for, the department's organizational structure and the 2020 budget. Council discussed how the L egal Department and the City Clerk's office manages their workload, the average timeframe to complete a trial, if the prosecutor's office maintains records by race and what steps if any that A uburn takes to combat human trafficking. B .City Organizational Overview - Administration Department (Hinman) Director Hinman provided Council with an overview of the Department of A dministration and discussed the four divisions in the department; E conomic Development, Emergency Management, Facilities and Multimedia/Communications. Director Hinman reviewed the department's Page 1 of 2Page 6 of 36 current staffing and what each division is responsible for. S he also discussed the homeless initiatives, Government Relations and overseeing contracts for the legislative services, Healthy Auburn I nitiative and the A uburn Consolidated Resource Center. Council discussed what the facilities department is doing about cleaning the buildings and educating the staff and the public about the coronavirus. I I I .AD J O URNM E NT There being no further business to come before the Council, the meeting was adjourned at 6:43 p.m. A P P R O V E D this 16th day of March, 2020. _______________________ ____________________________ NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 2Page 7 of 36 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the March 2, 2020 Regular City Council Meeting Date: March 10, 2020 Department: City Council Attachments: 03-02-2020 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:March 16, 2020 Item Number:CA.B Page 8 of 36 City Council Meeting March 2, 2020 - 7:00 P M City Hall Council Chambers MINUT E S Watch the meeting L IV E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R A.P ledge of Allegiance Mayor Nancy B ackus called the meeting to order at 7:00 p.m. in the C ouncil Chambers of Auburn City Hall, 25 West Main S treet in A uburn and led those in attendance in the P ledge of A llegiance. B.Roll Call C ouncilmembers present: Deputy Mayor C laude D aCorsi, B ob B aggett, L arry B rown, J ames J eyaraj and C hris Stearns. C ouncilmember Robyn Mulenga and Yolanda Trout-Manuel were excused. Mayor Nancy B ackus and the f ollowing department directors and staff members were present: City A ttorney Kendra Comeau, Director of Public Works I ngrid Gaub, Director of Human R esources and R isk Management C andis Martinson, Director of I nformation and Technology D avid Travis, D irector of F inance J amie Thomas, Economic Development Manager D oug L ein, Real Property A nalyst J osh A rndt, Development S ervices Manager J ason Krum, C hief of P olice Dan O’Neil and D eputy C ity C lerk Teresa Mattingly. I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS A.P olice Chief Presentation C ommander S amuel B etz presented the L ife Saving Medal to Officer K enny Lyman, B rian A nderson and Matthew Mc Nabb for saving the lif e of a woman during a Valley Swat Team hostage incident. B.Gambling Awareness Month Mayor B ackus to proclaim March 2020 as "Problem Gambling Awareness Month" in the City of Auburn Mayor B ackus read and presented the proclamation to P roblem and Gambling B oard Member Eva J ames. Page 1 of 5Page 9 of 36 Ms. J ames thanked the Mayor and Council for bringing awareness to problem gambling and supporting access to treatment services. I I I .AP P O INT M E NT S A.Human S ervices Committee A ppointments C ity C ouncil to appoint Carmen G oers and J aneane L a C asse to the Human Service C ommittee f or a three year term to expire December 31, 2022 D eputy Mayor DaC orsi moved and Councilmember B aggett seconded to appoint Carmen Goers and J aneane L a Casse to the Human Services C ommittee f or a three-year term to expire D ecember 31, 2022. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 I V.AG E ND A M O D I F IC AT I O NS A n updated version of Ordinance No. 6762 has been provided to Council. V.C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A.P ublic Hearings - (No public hearing is scheduled for this evening.) B.Audience P articipation Thi s i s the place on the agenda where the public is invited to speak to the City Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form provi ded. L inda R edman, 2704 18th S T S E , A uburn Ms. R edman discussed the option of the C ity of A uburn buying land and putting tiny homes on it to help with homelessness and her concerns with laws being conf using. Virginia Haugen 2503 R S T S E , A uburn Ms. Haugen discussed her concerns with homelessness and the option of using C ity buildings as homeless shelters. C .C orrespondence There was no correspondence f or Council to review. V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council C ommittees' progress on assigned tasks and may give their recommendation to the C ity Council, if any. 1.F inance A d Hoc Committee (B aggett) C ouncilmember Baggett, C hair of the F inance ad hoc committee, reported he and Councilmember Stearns have reviewed the claims and payroll vouchers described on the C onsent Agenda this evening Page 2 of 5Page 10 of 36 and recommended their approval. V I I .C O NS E NT AG E ND A All matters l isted on the Consent Agenda are considered by the City Council to be routine and wi ll be enacted by one moti on in the form listed. A.Minutes of the F ebruary 10, 2020 and F ebruary 24, 2020 S tudy S ession B.Minutes of the F ebruary 18, 2020 S pecial C ity C ouncil Meeting C .Minutes of the F ebruary 18, 2020 Regular Council Meeting D .C laim Vouchers (T homas) C laim voucher list dated March 2, 2020 which includes voucher numbers 457482 through 457606 in the amount of $1,842,500.84 and five wire transf ers in the amount of $732,181.48 E.P ayroll Vouchers (Thomas) P ayroll check numbers 538860 through 538870 in the amount of $545,911.77 and electronic deposit transmissions in the amount of $2,098,174.87 f or a grand total of $2,644,086.64 for the period covering F ebruary 12, 2020 to F ebruary 24, 2020 D eputy Mayor DaC orsi moved and Councilmember B rown seconded to approve the consent agenda. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 V I I I .UNF I NI S HE D B US I NE S S There was no unfinished business. I X.NE W B US INE S S There was no new business. X .O RD I NANC E S A.Ordinance No. 6735 (Gaub) A n O rdinance granting a franchise for water facilities to the C ity of Tacoma C ouncilmember Brown moved and Councilmember J eyaraj seconded to adopt O rdinance No. 6735. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 B.Ordinance No. 6762 (Comeau/O'Neil) A n O rdinance relating to the regulation of fireworks, and amending S ections 8.24.030 and 8.24.050 and repealing S ection 2.22.190 of the Auburn City Code Page 3 of 5Page 11 of 36 C ouncilmember Stearns moved and Councilmember B aggett seconded to adopt O rdinance No. 6762. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 X I .RE S O L UT IO NS A.R esolution No. 5500 (Hinman) A R esolution authorizing an application to the Port of S eattle f or E conomic D evelopment P artnership P rogram grant funds and to accept and expend funds if awarded D eputy Mayor DaC orsi moved and Councilmember B rown seconded to adopt Resolution No. 5500. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 B.R esolution No. 5503 (Gaub) A R esolution ratif ying the Mayor ’s Emergency P roclamation C ouncilmember Brown moved and Councilmember J eyaraj seconded to adopt Resolution No. 5503. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S At this ti me the Mayor and City Council may report on significant i tems associated with their appoi nted positions on federal, state, regional and local organi zations. A.Fr om the Council C ouncilmember Stearns reported he attended the Washington Resource I nventory Area (W R I A) meeting and took a tour at the P ort of S eattle. C ouncilmember Baggett reported he attended the South C ounty Area Transportation Board meeting. C ouncilmember J eraraj reported he took a tour at the Maintenance and Operations Department, the A uburn Police Department and did a police ride-along with Officer A ndrew B ryant. B.Fr om the M ayor Mayor B ackus reported she testified on HB 2948 f ormerly known as HB 2907 and also discussed the Coronavirsus and the steps the City is taking to ensure public safety. Page 4 of 5Page 12 of 36 X I I I .AD J O URNM E NT There being no further business to come bef ore the Council, the meeting was adjourned at 7:54 p.m. A P P R O V E D this 16th day of March, 2020. _______________________ ____________________________ NA NC Y B A C K US , MAYO R Teresa Mattingly, Deputy C ity C lerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew at the City Clerk's Office. Page 5 of 5Page 13 of 36 AGENDA BILL APPROVAL FORM Agenda Subject: Claim Vouchers (Thomas) Date: February 24, 2020 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Approve Claim Vouchers Background Summary: Claim vouchers list dated March 16, 2020 which includes voucher numbers 457607 through 457801 in the amount of $4,648,835.35 and one wire transfer in the amount of $440,993.81. Rev iewed by Council Committees: Councilmember:Staff:Thomas Meeting Date:March 16, 2020 Item Number:CA.C Page 14 of 36 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers (Thomas) Date: February 24, 2020 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Approve Payroll Vouchers Background Summary: Payroll check numbers 538871 through 538886 in the amount of $238,554.63 and electronic deposit transmissions in the amount of $2,111,889.01 for a grand total of $2,350,443.64 for the period covering February 25, 2020 to March 11, 2020. Rev iewed by Council Committees: Councilmember:Staff:Thomas Meeting Date:March 16, 2020 Item Number:CA.D Page 15 of 36 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6759 (Gaub) Date: February 4, 2020 Department: Public Works Attachments: Ordinance No. 6759 Exhibits A & B Staff Report Site Plan Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council introduces and adopts Ordinance No. 6759 for Right-of-Way Vacation No. V1- 19. Background Summary: Davis Development Services has applied to the City for vacation of the right-of-way of a portion of the Alley north of 3rd Street NE, between B Street NE and Auburn Avenue. The applicant currently owns adjacent parcels #5405100015 and #5405100025 to the west and parcels #0492000481, #0492000480 and #0492000482 to the east and is proposing to incorporate the right-of-way into development of the adjacent property to provide additional parking for the medical office building located on parcel #5405100025. The right-of-way was originally dedicated to the City for street purposes with the plat of Meadow Addition to Auburn on December 20, 1909 at no cost to the City. The application has been reviewed by City staff and utility purveyors who have an interest in this right-of-way. Through this review City staff has determined that the right of way is no longer necessary to meet the needs of the City and could be vacated. Ordinance No. 6759, if adopted by City Council, approves Vacation No. V1-19 and vacates the right-of-way subject to conditions outlined in the Ordinance. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:March 16, 2020 Item Number:ORD.A Page 16 of 36 Page 17 of 36 - - - - - - - - - - - - - - - - - Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 1 of 6 ORDINANCE NO. 6759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF A PORTION OF THE ALLEY NORTH OF 3RD STREET NE BETWEEN B STREET NE AND AUBURN AVENUE WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington (“City”), has received a petition signed by at least two-thirds (2/3) of the owners of property abutting to right-of-way located within a portion of the alley north of 3rd Street NE, between B Street NE and Auburn Avenue, within the City, requesting vacation of the right-of-way; and, WHEREAS, as required by Chapter 12.48 of the Auburn City Code, a public hearing was held in connection with the possible vacation, with notice having been provided pursuant to statute; and, WHEREAS, the City Council has considered all matters presented at the public hearing on the proposed vacation, held on the 16th day of March, 2020, at the Auburn City Council Chambers in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Vacation. That the right of way located at a portion of the Alley north of 3rd Street NE, between B Street NE and Auburn Avenue located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE ALLEY, BEING 10 FEET IN WIDTH, ADJACENT TO AND COINCIDENT WITH THE EAST LINE OF LOTS 3 THROUGH 6, BLOCK 2 OF THE PLAN OF MEADOW ADDITION TO AUBURN, ACCORDING TO THE PLAT Page 18 of 36 - - - - - - - - - - - - - - - - - Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 2 of 6 THEREOF RECORDED IN VOLUME 18 OF PLATS, PAGE 68, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID BLOCK 2 OF SAID PLAT; THENCE SOUTH 89°17’20” EAST, 57.00 FEET ALONG THE SOUTH LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170275; THENCE NORTH 76°21’00” EAST, 44.37 FEET ALONG THE NORTH LINE, TO THE NORTHEAST CORNER OF SAID PORTION CONVEYED TO THE CITY OF AUBURN, BEING THE WEST MARGIN OF SAID ALLEY AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°38’08” EAST, 169.00 FEET ALONG SAID WEST MARGIN TO THE NORTHEAST CORNER OF LOT 3 OF SAID PLAN OF MEADOW ADDITION TO AUBURN; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID LOT 3, SOUTH 89°17’30” EAST, 10.00 FEET TO THE EAST MARGIN OF SAID ALLEY; THENCE SOUTH 00°38’08” WEST, 165.00 FEET ALONG SAID EAST MARGIN TO THE MOST WESTERLY NORTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170274; THENCE SOUTH 68°53’49” WEST, 10.77 FEET TO SAID NORTHEAST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170275 AND THE WEST MARGIN OF SAID ALLEY AND THE POINT OF BEGINNING. CONTAINS 1,670 SQUARE FEET, MORE OR LESS. (0.038 ACRES +/-) [Also identified as Exhibit “A”.] and as shown on the survey, a copy of which is attached, marked Exhibit "B" is vacated and the property lying in the right-of-way described, shall inure and belong to those persons Page 19 of 36 - - - - - - - - - - - - - - - - - Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 3 of 6 entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the following: A. Reservation in favor of the City of a perpetual Nonexclusive Easement under, over, through and across the vacated right-of-way as described above for the purpose of laying, maintaining, and installing future and existing sanitary sewer facilities and including a reservation in favor of the City of the right to grant easements for utilities over, under and on all portions of the vacated right-of-way as described above. The City shall have the absolute right, at times as may be necessary for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability. The City shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the City. The owners of the adjacent properties agree and shall not in any way block, restrict or impede access and egress to or from said Easement Area, and /or in any way block, restrict or impede full use of the real property within the Easement Area by the City for the above described purposes. No building, wall, rockery, fence, trees, or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said Easement Area, without the express written consent of the City. No excavation shall be made within three feet of said facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently Page 20 of 36 - - - - - - - - - - - - - - - - - Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 4 of 6 existing. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties. B. Under the terms of the reservation set out in Paragraph A above and in accordance with RCW 35.79.030, the City grants a private utility easement to Puget Sound Energy over, under, and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of electric distribution facilities. The owners of the adjacent property shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantees’ rights. C. Under the terms of the reservation set out in Paragraph A above and in accordance with RCW 35.79.030, the City grants a private utility easement to CenturyLink over, under and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of wireline telecommunications facilities. The owners of the adjacent properties shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantees’ rights. D. It is provided, however that such reserved or granted utility and access easements as set out in Paragraphs A, B and C above may be modified to accommodate a removal, relocation and sitting of the affected utility lines if the City and the property Page 21 of 36 - - - - - - - - - - - - - - - - - Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 5 of 6 owners on whose property the utility lines are located agree to the removal relocations and sitting being paid by said property owners and with the removal relocation and sitting being done in conformity with applicable standards. E. The property owners of Parcel Nos. 5405100015 and 5405100025 shall reserve and grant a public access easement across those parcels from the southern terminus of the existing public alley (following vacation) to B Street NE and shall construct such public access easement to City standards for the purposes of allowing vehicular, pedestrian and emergency access to and from the southern terminus of the existing public alley (following vacation) to and from B Street NE. F. Direct access from the vacation area to 3rd Street NE and from Parcel No. 0492000480 to Auburn Avenue shall be permanently closed. The Developer will be required to remove curb cuts and driveways and replace with sidewalks in accordance with City Standards upon reservation and construction of such access easement in paragraph E, above. G. This vacation shall be effective upon completion of the provisions in paragraph E and F, above. The above described provisions must be completed by September 16, 2021 or the vacation and Ordinance will be null and void. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The mayor is authorized to implement such Page 22 of 36 - - - - - - - - - - - - - - - - - Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 6 of 6 administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor only upon completion of those provisions set forth in Section 1, Paragraphs E, F, and G, above, at which time the vacation pursuant to this Ordinance shall be effective under Auburn City Code 12.48.080. INTRODUCED: _________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: __________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: __________________________ Kendra Comeau, City Attorney PUBLISHED: _______________ Page 23 of 36 Page 24 of 36 Page 25 of 36 1 of 4 January 6, 2020 V1-19 Staff Report RIGHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number V1-19 Applicant: Davis Development Services Property Location: Right-of-Way located at a portion of the Alley north of 3rd St NE, between B St NE and Auburn Ave. Description of right-of-way: This ROW proposed for vacation consists of a portion of the alley north of 3rd Street NE between B Street NE and Auburn Avenue. The proposed ROW is adjacent to Parcel No. 0492000482, 0492000480, and 049200048 on the east and Parcel No. 5405100015 and 5405100025 on the west, and City right-of-way to the north and south. The total proposed area of ROW for vacation is approximately 1,670± square feet. The proposed ROW vacation area was originally dedicated to the City of Auburn for street purposes with the plat of Meadow Addition to Auburn on December 20, 1909. See Exhibits “A” and “B” for legal description and survey. Proposal: Parcel No. 5405100025 currently has a medical office building that the applicant is proposing to construct additional parking for as they indicate that the number of stalls currently available is not adequate for the building and it’s uses. The Applicant proposes that the City vacate the above described right-of-way so that they can include the area into the construction of additional parking on the adjoining parcels. The applicant would also close access points from the existing parcels to Auburn Avenue and 3rd Street NE that currently conflict with the City’s future plans for access improvements in the area associated with Transportation Improvement Project #R-16. See the attached Site Plan for access points to be closed associated with the proposed vacation. Applicable Policies & Regulations: • RCW’s applicable to this situation - meets requirements of RCW 35.79. • MUTCD standards - not affected by this proposal. • City Code or Ordinances - meets requirements of ACC 12.48. Page 26 of 36 2 of 4 January 6, 2020 V1-19 Staff Report • Comprehensive Plan Policy - not affected. • City Zoning Code - not affected. Public Benefit: • The vacated area may be subject to property taxes. • The street vacation decreases the Right-of-Way maintenance obligation of the City. • Vacation of the alley and closure of associated parcel access points onto Auburn Avenue and 3rd Street NE supports the City’s Transportation Improvement Project (TIP# R-16) for Regional Growth Center Access Improvements. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff. 1. Puget Sound Energy (PSE) – PSE has overhead and underground electrical facilities and will require an easement be retained across the proposed vacation area. 2. Comcast – No comments from Comcast were received. 3. CenturyLink – Comments from CenturyLink were received requesting an easement be reserved for facilities currently located in the right-of-way. 4. Engineering – All existing access points onto Auburn Avenue and 3rd Street NE to the parcels benefiting from the vacation will need to be closed, including removing curb cuts and replacing with sidewalk, and an access point to the parcels would need to be established from B Street NE. This would need to be completed within 18 months if the proposed vacation is approved or the vacation should be null and void. 5. Transportation – A condition of approval is the requirement to create an access easement and construct a new alley connection between the southern terminus of the existing public alley (following the vacation) and B Street NE. 6. Water – No comments. An easement is not needed as there are no water facilities. 7. Sewer – An easement will need to be retained across the proposed vacation area for the existing sewer line. 8. Storm –No comments. An easement is not needed as there are no storm facilities. 9. Planning – No comments. 10. Fire – No comments as the alley is not considered part of fire access. 11. Police – No comments. 12. Streets – No comments. 13. Construction –No comments. 14. Innovation and Technology – No comments Page 27 of 36 3 of 4 January 6, 2020 V1-19 Staff Report Assessed Value: ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portions thereof were acquired at public expense or have been part of a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city’s expense.” RCW 35.79.030 states the vacation “shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of- way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated.” An appraisal by an MAI appraiser of the subject right-of-way was required to be submitted by the applicant. The appraisal was reviewed and found to be acceptable. The appraisal values the right-of-way in a “SALES APPROACH VALUE” at $55,000.00. The right-of-way has been right-of-way for more than 25 years and was acquired through dedication for street purposes with the plat of Meadow Addition to Auburn on December 20, 1909. Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. An easement shall be reserved for City of Auburn sanitary sewer facilities. 2. An easement shall be reserved for Puget Sound Energy electric facilities. 3. An easement shall be reserved for CenturyLink telecommunications facilities. 4. A public access easement from the southern terminus of the existing public alley (following vacation) to B Street NE shall be reserved and constructed to City standards for the purposes of allowing vehicular, pedestrian, and emergency access, to individual parcels north of the vacation area and adjacent to the vacation area. Page 28 of 36 4 of 4 January 6, 2020 V1-19 Staff Report 5. After completion of Condition No. 4, all existing access points onto Auburn Avenue and 3rd St NE to Parcel Nos. 5405100015, 5405100025, 0492000481, and 0492000480 shall be closed by removing curb cuts and replacing with sidewalk. 6. Completion of Condition Nos. 4 and 5 above shall be accomplished within 18 months of the approval of the vacation or the vacation shall be null and void. 7. Staff recommends that compensation for the value of the right-of-way not be required as it was acquired through dedication of a plat at no cost to the City. Page 29 of 36 Page 30 of 36 262.7 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet262.7131.40 1:1,576 ROW Vacation #V1-19 Alley north of 3rd St NE between B St NE & Auburn Ave 1in =131 ft 12/13/2019Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Page 31 of 36 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5502 (Hinman) Date: March 10, 2020 Department: Administration Attachments: Res olution 5502 - 2020 LTAC Recommendations Res olution 5502 Exhibit A - 2020 LTAC Recommendation Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Staff recommends adoption of Resolution 5502. Background Summary: The LTAC has recommended the award of lodging tax dollars as grant funds to certain businesses to enhance the economic development of the City of Auburn. Rev iewed by Council Committees: Councilmember:Staff:Hinman Meeting Date:March 16, 2020 Item Number:RES.A Page 32 of 36 -------------------------------- Resolution No. 5502 February 25, 2020 Page 1 of 2 Rev. 2020 RESOLUTION NO. 5502 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE LODGING TAX GRANT DISBURSEMENTS RECOMMENDED BY THE AUBURN LODGING TAX ADVISORY COMMITTEE WHEREAS, the City of Auburn ( “City”) has businesses within its corporate limits that collect lodging tax dollars in accordance with Chapter 67.28 of the Revised Code of Washington (RCW); and WHEREAS, the City has established a Lodging Tax Advisory Committee (“LTAC”) in accordance with RCW 67.28.1817, and codified in Chapter 2.77 of the Auburn City Code (ACC); and WHEREAS, the LTAC is obligated by ACC 2.77.060 to make recommendations to the City Council on tourism promotion and tourism related issues; and WHEREAS, at its February 26th and April 10th, 2019 meeting, the LTAC considered proposals for the expenditure of taxes collected pursuant to Chapter 67.28 RCW; and WHEREAS, the LTAC has recommended the award of lodging tax dollars as grant funds to certain businesses; and WHEREAS, the City Council finds that the LTAC’s recommendation will enhance the economic development of the City of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Page 33 of 36 -------------------------------- Resolution No. 5502 February 25, 2020 Page 2 of 2 Rev. 2020 Section 1. Adoption of Recommendations. The City Council adopts the expenditure of lodging tax dollars in accordance with the LTAC’s recommendations as shown on the LTAC’s resolution, attached as Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Effective date. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 34 of 36 RESOLUTION NO. 5502 EXHIBIT A 2020 Lodging Tax Grants 2/20/2020 Motion number 1 of 2: Committee Member Faltenberger motioned to recommend to City Council to approve the listed funding requests. Committee Member Fraser seconded the motion. Motion passes unanimously. Event: Veterans Day Parade ____________________________ Amount Requested: $5,000.00  Funds for digital marketing on social media throughout the state focusing on Veterans, supporters of Veterans, active military, the military base cities outside of a 50+ mile radius.  Event to be held November 7, 2020.  Previous parades with 25,000 people in attendance and 6,000 parade participants.  Puts heads in beds from parade participants and band competition. Event: Petpalooza ___________________ Amount Requested: $6,000.00  Anticipated attendance 16,500  Event is on May 16, 2020.  Funds are for advertising event via social media and pet related publications.  This beloved Auburn annual event puts heads in beds. Event: Valley Cities Geocaching Adventure/GeoTour _____________ Amount Requested: $1,000.00  Anticipated attendance is 600. The GeoTour includes Kent and Auburn.  Event is on May 22 -30 2020.  Funds will be used for costs of materials for the event and food for the launch of the event.  Niche event in which geocachers tend to travel to collect coins. Event: Hops & Crops Music & Beer Festival _____________ Amount Requested: $3,000.00  Anticipated attendance: 700-900  This event, which is in its eleventh year, will be held on September 12, 2020.  Funds will be used towards marketing to potential overnight guests via Facebook ads.  This Auburn annual event has a loyal following, and attendance has increased 50% in the last four years. Approved Amount $6,000.00 Approved Amount $5,000.00 Approved Amount $1,000.00 Approved Amount $3,000.00 Page 35 of 36 2/20/2020 Motion number 2 of 2: Committee Member Fraser motioned to recommend to City Council to approve the listed funding requests. Committee Member Faltenberger seconded the motion. Motion passes unanimously. Event: 2020 Auburn Symphony Orchestra Season _____________ Amount Requested: $5,000.00  Anticipated 2020/2021 attendance is 3,000  ASO plans to expand to 13 events in 20/21  Funds will be used to expand the digital marketing to outside of 50 miles  The goal is to expand the number of hotel nights sold in Auburn  ExploreAuburn.com will be added to promote all local hotels Event: Barkfest & Rover Romp _____________ Amount Requested: $2,500.00  Anticipated attendance: 500  Funds will be used to expand the digital marketing to outside of 50 miles  ExploreAuburn.com will be added to all print posters and ads 2020 Total Grants Recommended by the LTAC: $20,000.00 2020 Budget Allocated to Community Grants: $20,000.00 Approved Amount $1,500.00 Approved Amount $3,500.00 Page 36 of 36