HomeMy WebLinkAbout10-12-2020 CITY COUNCIL STUDY SESSION AGENDACity Council Study Session P W C D S FA
October 12, 2020 - 5:30 P M
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I .C A L L TO O R D E R
I I .Virtual Participation L ink
A .Virtual Participation L ink
The Auburn City Council S tudy S ession Meeting scheduled for Monday, October 12,
2020 at 5:30 p.m. will be held virtually and telephonically. To attend the meeting virtually
please click the link or enter the meeting I D into the Z oom app or call into the meeting
at the phone number listed below.
P er the Governor's Emergency P roclamation 20-28, the City of A uburn is prohibited
from holding an in-person meeting at this time.
City of A uburn R esolution No. 5533, designates City of Auburn meeting locations for
all C ouncil, B oard and Commission meetings as virtual. A ll meetings will be held
virtually and telephonically until K ing C ounty enters into P hase 3 of Governor I nslee’s
S afe S tart — Washington’s P hased Reopening plan.
The link to the Virtual Meeting or phone number to listen to the Council Meeting is:
J oin from a P C, Mac, iPad, iP hone or A ndroid device:
P lease click this UR L to join. https://zoom.us/j/91396518858
Or join by phone:
253 215 8782
877 853 5257 (Toll Free)
Webinar I D: 913 9651 8858
B .Roll Call
I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
I V.A G E ND A MO D I F I C AT I O N
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .City Council & Hearing E xaminer J oint Meeting (Tate)(20 Minutes)
I ntroduction of the Hearing Examiner, review of the Hearing Examiner ’s Report
and Hearing Examiner Rules of Procedure for future adoption by Resolution No. 5555
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V I .P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .B uilding Code Overview (Tate)(30 Minutes)
S taff to present an overview of the origin of the I nternational, S tate, and L ocal Building
Codes and associated amendments in preparation for a future discussion of proposed
amendments to coincide with the Triennial Code update
B .Capital P rojects S tatus Report and F eature P roject (Gaub)(10 Minutes)
C.Ordinance No. 6792 (Gaub)(20 Minutes)
A n Ordinance amending Chapter 19.04 Transportation I mpact F ees of the Auburn City
Code
D.Ordinance No. 6795 (Gaub)(10 Minutes)
A n Ordinance amending Chapter 12.60 of the Auburn City Code relating to Right-of-
Way Permits
E .Resolution No. 5554 (Gaub)(10 Minutes)
A Resolution authorizing the Mayor to execute a Memorandum of Understanding with
the Muckleshoot I ndian Tribe to establish a partnership for implementing non-motorized
improvements on and adjacent to S tate Route 164
V I I .O T HE R D I S C US S I O N I T E MS
V I I I .NE W B US I NE S S
I X.A D J O UR NME NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
City Council & Hearing Examiner Joint Meeting (Tate)(20
Minutes)
Date:
October 6, 2020
Department:
Community Development
Attachments:
Res olution No. 5555 Adopting Hearing Examiner
Rules of Procedure
ACC 2.46 Hearing Examiner City Code Section
Draft Hearing Examiner Rules of Procedure
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
At the October 12, 2020 study session, Community Development Dept. staff would like to
provide a briefing on the City’s Hearing Examiner. For background, this document will
discuss the legal basis for the operation of the Hearing Examiner. Then, at the meeting, staff
will introduce the Hearing Examiner, Phil A. Olbrechts, and allow time for him to report on
recent operations/proceedings and then provide time for review and discussion of the
proposed hearing examiner rules of procedure that was jointly developed by the Hearing
Examiner and City Legal and Community Development Depts. staff.
Authority for the Hearing Examiner
Cities and counties in Washington State have statutory authority to establish a hearing
examiner system. Under a hearing examiner system, a city or county hires or contracts with a
hearing examiner to conduct “quasi-judicial” hearings, usually in place of local bodies such as
the planning commission, the board of adjustment, or the city council.
The basic purpose of having a hearing examiner conduct these hearings is to have a
professionally trained individual, typically an attorney, make objective quasi-judicial decisions
that are supported by an adequate record and that are free from political influences. Using a
hearing examiner system allows local legislative and advisory bodies that might otherwise
conduct these hearings to better concentrate on policymaking. It can also potentially reduce
local government legal risk and liability exposure through what should be more consistent and
legally sustainable quasi-judicial decisions.
A quasi-judicial action/decision is an action which the decision maker is sitting “like a
judge”, evaluating a specific case or proposal submitted by an individual party or property
owner. Examples include applications for variances, special use permits, and subdivisions
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(plats). In each case, the decision maker is asked to make a decision that affects an individual
(or family, partnership, or corporation), but not the entire community. Most quasi-judicial
actions are the responsibility of the City’s Hearing Examiner.
By contrast, the Planning Commission’s responsibility is mainly legislative actions. A
legislative action is one which will affect the entire community, not just an individual property
owner or single piece of land. Examples include updating or revising the comprehensive plan
and adopting zoning code text amendment ordinances. In these situations, the rules change
for everyone.
There are two main Washington State statutory authorities that provide for the Hearing
Examiner system and apply to code cities, as follows:
RCW 35A.63.110 – Authorizes hearing examiner system as replacement for board of
adjustment
RCW 35A.63.170 – Authorizes use of a hearing examiner system in code cities for
certain zoning matters
Also, there are other minor state law provisions that authorize the Hearing Examiner to
conduct open record hearings and to act on certain types of decisions such as
subdivisions, appeals, and abatement and removal of junk vehicles from private
property.
A city or county council has considerable discretion in establishing how the hearing
examiner system will operate. The position of hearing examiner (appointment,
qualifications, termination, etc.), the type of issues the hearing examiner is authorized to
consider and decide, and the effect of the hearing examiner's decisions are among the
matters addressed by the local legislative body and set out in the enabling ordinance.
Although counties and cities use hearing examiners primarily for hearing and deciding
land use permit applications and/or administrative appeals of land use decisions,
hearing examiners may also be used to conduct hearings and make recommendations
or decisions on other local matters.
Auburn City Code at Title 2.46 (Attachment) provides for the City’s establishment of the
hearing examiner system. This code section addresses the broad scope of
responsibilities of the position including the types of decisions, the selection process
for the Examiner, independence of decision making, and general steps in processing
matters. In Section 2.46.035, (Powers and areas of jurisdiction) City Council has
delegated certain decision making to the Hearing Examiner. Not only does the Hearing
Examiner consider land use and development related cases for the Community
Development Department, the Hearing examiner considers other local matters on
different subjects for other city departments, such as:
Appeals of a dangerous dog determinations for the Legal Dept. (ACC 6.35.020(D));
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Appeals of a decision by the City Engineer regarding construction permits for the Public
Works Dept. (ACC 12.24.090(C));
Hear and resolve tenant complaints against landlords regarding utility billing practices
(third party utility billing) for the Finance Dept. (ACC 13.52.050) and
Appeals from a decision of the parks director regarding park impact fees. (ACC
19.08.040) for the Parks, Arts, and Recreation Dept.
Also, this Section provides for various levels of decision making. Certain types of
decisions are final as decided by the Hearing Examiner, other decisions are appealable
to the City Council, and other decisions are recommendations to the City Council, who
makes the final decision.
The city’s Hearing Examiner is Phil A. Olbrechts, of Olbrechts & Associates PLLC and
has been the Examiner since September of 2010. In October 18, 2010, the City
Council approved Resolution No. 4651 authorizing agreement for Hearing Examiner
Services with Olbrechts and Associates, PLLC. Prior to that (2007) he was the City’s
Hearing Examiner while at the Legal firm, Ogden Murphy Wallace, PLLC. He serves as
Hearing Examiner for many municipalities and is knowledgeable and well-regarded.
Proposed Hearing Examiner Rules of Procedure
City code section ACC 2.46.130 provides for the due process of a public hearing to be
held by the Examiner. More specifically, in Subsection B, it provides:
“B. The examiner shall have the power to prescribe rules and regulations for the
conduct of hearings under this chapter subject to review by the city council and to
administer oaths and preserve order.”
As the City Council and the Planning Commission have done, the City proposes to adopt
Hearing Examiner Rules of Procedure to provide greater specificity for the steps leading to
and conduct of hearings (Attachment). The City has not previously adopted Hearing
Examiner Rules of Procedure. Having Rules of Procedure would be valuable to all
participants to have a standard set of guidance and procedures to consult. These are most
applicable in the instances of contested cases and not routine land use matters. The draft
Rules of Procedure have been jointly developed by the hearing examiner and City Legal and
Community Development Depts. staff. Staff requests that the Council schedule the adoption
of Resolution No. 5555 for the November 19, 2020 regular city council meeting.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:October 12, 2020 Item Number:
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------------------------------
Resolution No. 5555
September 30, 2020
Page 1 of 2
RESOLUTION NO. 5555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, APPROVING AND
AUTHORIZING USE OF THE CITY OF AUBURN.
HEARING EXAMINER RULES OF PROCEDURE
WHEREAS, pursuant to Chapter 2.46 of the Auburn City Code (ACC), the City
has appointed attorney Phil A. Olbrechts of Olbrechts and Associates, PLLC. as its
Hearing Examiner; and,
WHEREAS, on October 18, 2010, the City Council approved Resolution No.
4651 authorizing agreement for Hearing Examiner Services with Olbrechts and
Associates, PLLC., and,
WHEREAS, section 2.46.130 ACC provides that the Hearing Examiner shall
have the power to prescribe rules and regulations for the conduct of hearings under
this chapter, subject to review by the City Council; and,
WHEREAS, the Hearing Examiner and Legal Department and Community
Development Department staff have worked together to develop proposed Rules of
Procedure for the Hearing Examiner’s use; and,
Whereas, pursuant to section 2.46.130 ACC, it is appropriate that the Rules of
Procedure are reviewed by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Having reviewed the proposed Hearing Examiner Rules of
Procedure, City Council concurs with their use by the City of Auburn Hearing
Examiner.
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------------------------------
Resolution No. 5555
September 30, 2020
Page 2 of 2
Section 2. That the Mayor is 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 _________________, 2020.
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
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2.46.010
2.46.020
2.46.030
2.46.035
2.46.040
2.46.050
2.46.060
2.46.070
2.46.080
2.46.090
2.46.100
2.46.110
2.46.120
2.46.130
2.46.140
2.46.150
2.46.160
2.46.170
2.46.180
2.46.190
Chapter 2.46
HEARING EXAMINER
Sections:
Title.
General objectives.
Creation of the hearing examiner.
Powers and areas of jurisdiction.
Appointment and term.
Removal.
Qualifications.
Examiner pro tempore – Duties.
Hearing examiner – Conflict of interest.
Freedom from improper influence.
Applications and appeals.
Report by department.
Burden of proof.
Public hearing.
Examiner’s decision and recommendations – Findings required.
Request for reconsideration.
Appeal of final decisions.
Hearing examiner’s recommendation.
City council action.
Review of chapter by city council.
2.46.010 Title.
This chapter shall be hereafter known as the “hearing examiner” chapter and may be cited as such and will be
hereinafter referred to as “this chapter.” (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly
18.66.010.)
2.46.020 General objectives.
It is the general objective of this chapter to:
A. Provide a single, efficient, integrated, land use regulatory decision-making process and public hearing system;
Your Selections | Auburn City Code Page 1 of 10
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B. Render land use regulatory decisions and recommendations to the city council;
C. Provide a greater degree of due process in land use regulatory decision-making and public hearings;
D. Separate land use policy formulation from land use policy administration processes;
E. Provide an efficient and effective administrative adjudicatory system for review of contested administrative
determinations. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.020.)
2.46.030 Creation of the hearing examiner.
The office of the hearing examiner, hereinafter referred to as “examiner,” is hereby created. The examiner shall
interpret, review, and implement land use regulations as provided in this title and other ordinances, issues and
matters as assigned, delegated and/or referred to the examiner. The term “examiner” shall likewise include the
examiner pro tem. (Ord. 6442 § 31, 2012; Ord. 6185 § 8, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly
18.66.030.)
2.46.035 Powers and areas of jurisdiction.
The hearing examiner shall have the power to receive and examine available information, conduct public hearings,
prepare a record thereof and enter findings of fact, conclusions based upon those facts and enter decisions as
provided by ordinance. Notwithstanding any other provision in the Auburn City Code, the hearing examiner’s
areas of jurisdiction shall include those matters contained in this chapter.
A. The decision of the hearing examiner on the following matters shall be final:
1. Appeals of assessed civil penalties. (ACC 1.25.065(E))1
2. Appeals regarding the city’s decision on refunds from the construction sales tax exemption. (ACC
3.60.036(F))
3. Appeals from the planning director’s denial of an application for a multifamily tax exemption (MFTE). (ACC
3.94.070(F))
4. Appeals from the planning director’s denial of an extension of a conditional certificate for MFTE. (ACC
3.94.090(B))
5. Appeals of a dangerous dog determination. (ACC 6.35.020(D))
6. Appeals of a decision by the planning director regarding expansion of hours for construction noise. (ACC
8.28.010(B)(8)(d))
7. Appeals of a decision by the city engineer regarding construction permits. (ACC 12.24.090(C))
8. Appeals of a decision by the city engineer regarding undergrounding of utilities. (ACC 13.32A.130(D))
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9. Appeals of decisions by the building official or fire code official regarding building and code violations.
(ACC 15.07.130)1
10. Applications for a shoreline conditional use permit (Shoreline Master Program, Section 6.1.8, Ordinance
No. 6733) (note that, by statutes, the State Department of Ecology has final approval authority).
B. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed
to the city council as provided in this chapter:
1. Appeals from denial, civil penalty suspension or revocation of a business license. (ACC 5.15.070)
2. Appeals from denial of a rental housing business license. (ACC 5.22.070(D))
3. Appeals from revocation or notice of intent to revoke a rental housing business license. (ACC 5.22.090(B))
C. The decision of the hearing examiner on the following matters shall be the final administrative decision of the
city:
1. Appeals from the planning director’s denial of a final certificate for multifamily property tax exemption
(MFTE). (ACC 3.94.100(G))
2. Appeals from the planning director’s cancellation of a tax exemption for MFTE. (ACC 3.94.120(C))
3. Appeals of a decision by the public works director regarding commute trip reductions. (ACC 10.02.120)
4. Appeals from denial of an adult entertainment establishment license, issuance or renewal. (ACC 5.30.070)
5. Appeals of a decision by the public works director regarding required public improvements. (ACC
12.64A.060)
6. Appeals of a decision by the public works director regarding system development charges. (ACC
13.41.070)
7. Hear and resolve tenant complaints against landlords regarding utility billing practices (third party billing).
(ACC 13.52.050)
8. Appeals of a decision by the planning director on a relocation report and plan related to the closure of a
mobile home park. (ACC 14.20.120)
9. Appeals of a decision by the floodplain administrator on floodplain development permits. (ACC 15.68.125)
10. Appeals of a decision by the landmarks and heritage commission on historical designations. (ACC
15.76.040)
11. Appeals of a decision by the SEPA responsible official on threshold determinations (ACC 16.06.250) –
public hearing needed.
12. Appeals from critical area review decisions. (ACC 16.10.140)
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13. Applications for a reasonable use exception due to critical area regulations. (ACC 16.10.150)
14. Applications for a buffer width variance of critical areas regulations which exceeds 10 percent of a
quantifiable standard. (ACC 16.10.160)
15. Applications for a public agency special exception to critical area regulations. (ACC 16.10.170)
16. Appeals from a decision of the planning director regarding boundary line adjustments. (ACC 17.06.030)
17. Applications for a preliminary plat. (ACC 17.10.050)
18. Applications for modification of standards and specifications related to a preliminary plat. (ACC
17.18.010)
19. Applications for alteration of any subdivision. (ACC 17.20.030)
20. Appeals from a decision of the planning director regarding site plan approval of a business park. (ACC
18.36.020(B))
21. Applications for a special home occupation permit. (ACC 18.60.040(A))
22. Applications for a surface mining permit. (ACC 18.62.030)
23. Appeals from a decision of the planning director regarding administrative use permits. (ACC
18.64.020(A))
24. Applications for a conditional use permit. (ACC 18.64.020(B))
25. Applications for a variance. (ACC 18.70.010)
26. Appeals from a decision of the planning director regarding administrative variances. (ACC 18.70.015)
27. Applications for a special exception. (ACC 18.70.020)
28. Applications for a variance in the regulatory floodplain. (ACC 18.70.025)
29. Appeals from any administrative decision under ACC Title 18, Zoning. (ACC 18.70.050)
30. Appeals from a decision of the planning director regarding fire impact fees. (ACC 19.06.080)
31. Appeals from a decision of the parks director regarding park impact fees. (ACC 19.08.040)
D. On the following matters, the hearing examiner shall enter findings of fact, conclusions of law, and
recommendations to the city council:
1. Applications for vacating a subdivision or portion of a subdivision, or any land dedicated for public use,
except rights-of-way associated with public streets. (ACC 17.22.030)
2. Application for a business park (conceptual approval). (ACC 18.36.020(A))
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3. Applications for a rezone (zoning map amendment) initiated by an applicant other than the city. (ACC
18.68.030)
4. Applications for major amendments to the Lakeland Hills PUD. (ACC 18.76.130) (Ord. 6442 § 31, 2012.)
1 The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130.
2.46.040 Appointment and term.
The hearing examiner shall be appointed by the mayor and subject to confirmation by the Auburn city council. In
the event that the appointed examiner is unable to perform the duties of office for whatever reason, or in the
event of a vacancy in office, the mayor shall appoint an examiner pro tem who shall have the authorities herein
provided. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.040.)
2.46.050 Removal.
The examiner or the examiner pro tem may be removed from office at any time by the mayor. (Ord. 6442 § 31,
2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.050.)
2.46.060 Qualifications.
The examiner and the examiner pro tem shall be appointed solely with regard to their qualifications for the duties
of the office, which shall include, but not be limited to, appropriate educational experience such as in urban
planning, land use law and public administration. Wherever feasible, the mayor shall endeavor to appoint qualified
candidates who reside in the Auburn area. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.
Formerly 18.66.060.)
2.46.070 Examiner pro tempore – Duties.
The examiner pro tem shall have the power to perform the duties of the hearing examiner whenever the hearing
examiner is absent, has a conflict of interest, or otherwise so requests. The qualifications for hearing examiner pro
tem are the same as for the hearing examiner. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.
Formerly 18.66.070.)
2.46.080 Hearing examiner – Conflict of interest.
The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or
indirect personal interest which might exert such influence upon the examiner that might interfere with their
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decision-making process. Any actual or potential conflict of interest shall be disclosed by the hearing examiner to
the parties immediately upon discovery of such conflict.
Participants appearing before the hearing examiner have the right, insofar as possible, to have the examiner free
from personal interest or prehearing contacts on land use regulatory matters considered by them. It is recognized
that there is a countervailing public right to free access to public officials on any matter. If such personal interest
or prehearing contact impairs the examiner’s ability to act on the matter, the hearing examiner shall state and
shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties
agree in writing to have the matter heard by said examiner. If all parties do not agree and the hearing examiner
must abstain, the hearing examiner shall assign the matter to a hearing examiner pro tem to sit in the hearing
examiner’s stead. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.080.)
2.46.090 Freedom from improper influence.
No city council member, city official, or any other person shall attempt to interfere with or improperly influence
the examiner or examiner pro tempore in the performance of their designated duties. (Ord. 6442 § 31, 2012; Ord.
4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.090.)
2.46.100 Applications and appeals.
Applications and appeals requiring a determination by the hearing examiner shall be filed with the department
that has responsibility for the ordinance that is the subject of the application or appeal.
A. Applications requiring a hearing examiner decision shall be scheduled for hearing promptly upon notification
by the responsible department that the application is complete and ready for scheduling.
B. Promptly following receipt of a timely appeal, the hearing examiner shall schedule a hearing consistent with
the requirements of the applicable ordinance(s) and these rules. (Ord. 6442 § 31, 2012; Ord. 4229 § 2, 1987.
Formerly 18.66.110.)
2.46.110 Report by department.
When a matter identified in ACC 2.46.035 has been set for public hearing, the responsible department shall
coordinate and assemble the comments and recommendations of other city departments and other
governmental agencies having an interest in the subject application and shall prepare a report summarizing the
issues involved, and the responsible department’s findings and recommendation. This report shall be transmitted
to the examiner at least four calendar days prior to the scheduled hearing. Copies of this report shall be mailed to
the applicant prior to the hearing and shall be made available to the public for the cost of reproduction prior to
the scheduled hearing. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.120.)
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2.46.120 Burden of proof.
Unless otherwise provided for in the Auburn City Code, the burden of proof before the hearing examiner shall be
as follows:
A. Appeal Hearings. The applicant/appellant shall have the burden of proof, by a preponderance of the evidence,
as to material factual issues except where applicable city code provisions or state law provides otherwise.
B. Land Use Application Hearings. For an application to be approved, a preponderance of the evidence presented
at the hearing must support the conclusion that the application meets the legal decision criteria that apply.
C. Code Enforcement Hearings. The city shall have the burden of proving, by a preponderance of the evidence, that
a code violation has occurred and that the proposed corrective action is reasonable. (Ord. 6442 § 31, 2012.)
2.46.130 Public hearing.
A. Before rendering a decision or recommendation on any application for which a public hearing is required, the
examiner shall hold a public hearing thereon. Unless otherwise required by the Auburn City Code, all hearings
conducted by the examiner shall be open record hearings. Notice of the place and time of the public hearing shall
be given as provided in the ordinance governing the application. If none is specifically set forth, the following
notice requirements shall be followed:
1. Be given not less than 10 days prior to the date of the hearing;
2. Set forth the time, place and purpose of such hearing;
3. Be provided in accordance with the requirements of ACC 14.07.040.
B. The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this
chapter subject to review by the city council and to administer oaths and preserve order.
C. At the close of the testimony the examiner may close the public hearing, continue the hearing to a time and
date certain, or close the public hearing pending the submission of additional information on or before a date
certain.
D. Until a final action on the application is taken, the examiner may dismiss the application for failure to
diligently pursue the application after notice is given to all parties of record.
E. If a project consists of different actions which require separate hearings to be held for each action, one
consolidated hearing shall be held as required by ACC Title 14. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord.
4229 § 2, 1987. Formerly 18.66.130.)
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2.46.140 Examiner’s decision and recommendations – Findings required.
A. Unless the time is extended pursuant to this section, within 10 working days of the conclusion of a hearing, or
the date set for submission of additional information pursuant to this chapter, the examiner shall render a written
decision, including findings from the record and conclusions therefrom, and shall transmit a copy of such decision
by regular mail, postage prepaid, to the applicant and other parties of record in the case who have requested
notice of the decision at the public hearing. The person mailing the decision shall prepare an affidavit of mailing, in
standard form, and the affidavit shall become a part of the record of the proceeding. In the case of applications
requiring city council approval, the examiner shall transmit their decision to the city council.
B. In extraordinary cases, the time period for filing of the recommendation or the decision of the examiner may
be extended for not more than 20 working days after the conclusion of the hearing if the examiner finds that the
amount and the nature of the evidence to be considered, or receipt of additional information which cannot be
made available within the normal decision period, require the extension. Notice of the extension, stating the
reasons therefor, shall be sent to all parties of record in the manner set forth in this section for notification of the
examiner’s decision.
C. Conditions. When acting on land use matters, the examiner’s recommendation or decision may be to grant or
deny the application, or the examiner may require of the applicant such conditions, modifications and restrictions
as the examiner finds necessary to make the application compatible with the environment and carry out the goals
and objectives of the comprehensive plan, this title, the land division ordinance, other codes and ordinances of the
city of Auburn, and the approved preliminary plat, if applicable. Conditions, modifications and restrictions which
may be imposed shall be founded in the body of legislation approved by the city council. Performance bonds may
be required to insure compliance with the conditions, modifications and restrictions.
D. Termination of Decision. The city declares that circumstances surrounding land use decisions change rapidly
over a period of time. In order to assure the compatibility of a decision with current needs and concerns, any such
decision shall be limited in duration, unless the action or improvements authorized by the decision are
implemented promptly. Any application, except a rezone, approved pursuant to this chapter shall be implemented
within two years of such approval unless other time limits are prescribed elsewhere. Any application which is not
so implemented shall terminate at the conclusion of that period of time and become null and void. The examiner
may grant one extension of time for a maximum of one year for good cause shown. The burden of justification
shall rest with the applicant. For large-scale or phased projects the examiner may at the time of approval or
recommendation set forth time limits for expiration which exceed those prescribed in this section for such
extended time limits as are justified by the record of the action. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord.
4229 § 2, 1987. Formerly 18.66.140.)
2.46.150 Request for reconsideration.
The responsible director or an interested party affected by the final decision or recommendation of the examiner
who asserts that the hearing examiner based that recommendation or decision on an erroneous procedure,
errors of law or fact, or error in judgment, which could not be reasonably available at the prior hearing, may make
Your Selections | Auburn City Code Page 8 of 10
The Auburn City Code is current through Ordinance 6775, passed May 18, 2020.
Page 16 of 149
a written request for review by the examiner within seven calendar days after the written decision of the examiner
has been rendered. The request for reconsideration shall set forth the specific errors relied upon by such
appellant, and the examiner may, after review of the record, take further action as the examiner deems proper.
The examiner may request further argument which shall be provided within 10 calendar days of the examiner’s
request. The examiner’s written decision on the request for consideration shall be transmitted to all parties of
record within 10 working days of receipt of the request for reconsideration or receipt of the additional argument
requested, whichever is later. The date of the hearing examiner’s final decision for appeal purposes shall be
construed as the date of the hearing examiner’s decision on the reconsideration request. (Ord. 6442 § 31, 2012;
Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.150.)
2.46.160 Appeal of final decisions.
The responsible director or any interested party affected by the examiner’s written final decision may appeal the
decision to superior court of the county in which the project is located. (Ord. 6442 § 31, 2012; Ord. 6185 § 7, 2008;
Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.160.)
2.46.170 Hearing examiner’s recommendation.
A. For actions requiring the hearing examiner’s recommendation as provided by ordinance, the examiner’s
recommendation shall be forwarded to the city council within 10 working days of the examiner’s decision. The
recommendation shall be placed on the next agenda of the city council. The city council upon its review of the
record may:
1. Affirm the recommendation;
2. Remand the recommendation to the hearing examiner;
3. Schedule a closed record public hearing before the city council.
B. Any aggrieved person may request the city council to conduct its own closed record hearing. Upon its own
closed record hearing the city council may affirm, reject, or modify the hearing examiner’s recommendation or
take whatever action it deems appropriate pursuant to law. (Ord. 6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229
§ 2, 1987. Formerly 18.66.170.)
2.46.180 City council action.
Any application requiring action by the city council shall be evidenced by minute entry unless otherwise required
by law. When taking any such final action, the city council shall make and enter findings of fact from the record
and conclusions therefrom which support its action. Unless otherwise specified, the city council shall be presumed
to have adopted the hearing examiner’s findings and conclusions.
Your Selections | Auburn City Code Page 9 of 10
The Auburn City Code is current through Ordinance 6775, passed May 18, 2020.
Page 17 of 149
The Auburn City Code is current through Ordinance 6775, passed May 18, 2020.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city
clerk’s office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.auburnwa.gov
Code Publishing Company
A. All applications requiring city council action shall be placed on the city council’s agenda for consideration.
B. The action of the city council approving, modifying or rejecting the hearing examiner’s decision or
recommendation shall be final and conclusive, subject to any writ of review pursuant to law. (Ord. 6442 § 31, 2012;
Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.180.)
2.46.190 Review of chapter by city council.
The city council may on an annual basis review the content and effect of this chapter on the city of Auburn and its
citizens. The method of review may include a public hearing open to all interested citizens. The city council after
review and consideration shall at that time decide to modify, repeal, or retain all of or part of this chapter. (Ord.
6442 § 31, 2012; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987. Formerly 18.66.190.)
Your Selections | Auburn City Code Page 10 of 10
The Auburn City Code is current through Ordinance 6775, passed May 18, 2020.
Page 18 of 149
CITY OF AUBURN HEARING EXAMINER RULES OF PROCEDURE
Resolution No. 5555, Adopted (date)
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City of Auburn Hearing Examiner Rules of Procedure
1. EXPEDITIOUS PROCEEDINGS
The Hearing Examiner and all parties shall make every reasonable effort to avoid delay
at each stage of every proceeding consistent with fairness to all parties.
2. COMPUTATION OF TIME
(a) In computing any period of time prescribed or allowed by these Rules of
Procedure (“Rules”), the day of the act, event, or default from which the
designated period of time begins to run shall not be included.
(b) The last day of the period so computed shall be included, terminating at 5:00
p.m., unless the last day of the period is a Saturday, Sunday or legal holiday as
defined in RCW 1.16.050, in which event the period shall run until 5:00 p.m.
of the next day which is not a Saturday, Sunday or legal holiday.
(c) When the period of time prescribed or allowed is less than seven (7) days,
intermediate Saturdays, Sundays or legal holidays shall be excluded from the
computation.
(d) “Working” days as referenced in these Rules exclude weekends, legal holidays,
and other days City offices are officially closed.
3. DEFINITIONS
(a) “Code” or “ACC” means the Auburn City Code.
(b) “Council” means the Auburn City Council.
(c) “Examiner” or “Hearing Examiner” means the Auburn Hearing Examiner or
Hearing Examiner Pro Tem (pro tempore).
(d) “Interested Person” means any individual, partnership, corporation, association,
or public or private organization of any character who has standing to
participate in the proceedings before the Hearing Examiner, as standing is
defined herein, or who is authorized to participate in the proceedings by the
ordinance or Code under which the proceeding is brought.
(e) “Intervenor” means an individual who is not already an interested person or a party,
as those terms are defined herein, and who does not have a substantial and direct
interest in the proceedings before the Hearing Examiner, but who has clearly
ascertainable and identifiable interests and/or perspectives essential to
consideration of the proceedings, and who, in light thereof, is granted permission
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by the Hearing Examiner to participate in the proceedings as if a party.
(f) “Party” means:
(1) For an open record hearing in the proceedings before the Hearing
Examiner:
(i) the applicant;
(ii) the City;
(iii) a person who testifies at the hearing or who submits written
testimony for consideration at the hearing which is accepted by
the Hearing Examiner and is recognized as part of the record of
the proceeding; and
(2) For any open record appeal of an administrative decision:
(i) the applicant;
(ii) the appellant, with standing;
(iii) the City; and
(iv) any intervenors allowed by the Hearing Examiner to join as a
party.
(g) “Standing” means the right of the applicant and of the City to participate in the
proceedings before the Hearing Examiner. Standing also means the right of any
other person who has been made a party of record prior to the issuance of a decision
may appeal the decision. In order to appeal, the person or party shall be aggrieved
or affected by the decision pursuant to RCW 36.70C.060.
4. QUALIFICATIONS, DUTIES AND JURISDICTION OF THE HEARING
EXAMINER
(a) Hearing Examiner Qualifications: Hearings shall be presided over by a duly
qualified Hearing Examiner or deputy Hearing Examiner appointed/contracted
by the City Council pursuant to ACC 2.46.040, (Appointment and term).
(b) Hearing Examiner Duties: The Hearing Examiner shall have the duty to
conduct fair and impartial hearings, to take all necessary action to avoid delay
in the disposition of proceedings, and to maintain order. The Hearing Examiner
shall have all powers necessary to that end, including the following:
(1) To administer oaths and affirmations;
(2) To issue subpoenas to compel witnesses to appear at the hearing;
(3) To rule upon offers of proof and to admit evidence;
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(4) To regulate the course of the hearings and the conduct of the
participants;
(5) To consider and rule upon procedural and other motions appropriate to
the proceedings;
(6) To make and file orders, recommendations and decisions; and
(7) To hold prehearing or other conferences.
(c) Hearing Examiner Jurisdiction: The Hearing Examiner shall have the authority
to conduct hearings, prepare a record, enter written findings and conclusions,
and issue decisions or recommendations for any matter or appeal for which the
ACC, other ordinance, or the City Council designates the Hearing Examiner to
be the Hearing Body.
On appeals, the Hearing Examiner shall have the authority to vacate, remand,
affirm or modify the underlying appealed from decision.
(d) Disqualification:
(1) The Examiner on his or her own initiative may enter an order of
disqualification in the event of personal bias or prejudice, or to preserve
the appearance of fairness.
(2) A party may file a declaration (a statement in writing and under penalty
of perjury) stating facts supporting the belief that such party cannot have
a fair and impartial hearing by reason of the personal bias, prejudice, or
appearance of unfairness of the Hearing Examiner.
The declaration shall be filed not less than ten (10) working days before
the hearing unless good cause is shown, and in any case before the
Hearing Examiner makes any discretionary ruling; provided a
declaration seeking disqualification on appearance of fairness grounds
may be filed at any time, but must be filed promptly after the basis for
disqualification is known or should have been known to the party
seeking such disqualification.
The Hearing Examiner shall rule on the declaration prior to making any
other ruling and prior to proceeding with the hearing.
5. EX PARTE COMMUNICATION
(a) For purposes of this rule, "ex parte communication" means a written or oral
communication concerning the pending matter with the Hearing Examiner to
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which all parties are not included outside of a public hearing and not included
in the public record.
(b) Pursuant to Chapter 42.36 RCW, as is currently exists or is hereby amended,
no interested person (nor his/her agent, employee, or representative) shall
communicate ex parte directly or indirectly with the Hearing Examiner
concerning the merits or facts of any matter being heard before the Hearing
Examiner, or any factually related matter. This rule shall not prohibit ex parte
communications about schedules and other procedural topics.
(c) The Hearing Examiner shall not communicate ex parte directly or indirectly
with any interested person (nor his/her agent, employee or representative)
regarding the merits or facts of any matter being heard before the Hearing
Examiner except about procedural topics as identified above.
(d) If a substantial, prohibited ex parte communication is made to or by the Hearing
Examiner, such communication shall be publicly disclosed at the next following
public hearing regarding the pending matter or, if there is no further such hearing,
disclosure shall be made in writing to all parties of record within five (5) working
days of the date of the improper communication. Parties shall have the opportunity
to make objections to the ex parte communication within ten (10) working days of
such disclosure.
6. PREHEARING AND OTHER CONFERENCES
(a) The Examiner may, on his or her own order, or at the request of a party,
hold a conference prior to the hearing to consider:
(1) Identification, clarification, and simplification of the issues;
(2) Disclosure of witnesses to be called and exhibits to be presented;
(3) Motions;
(4) Other matters deemed by the Hearing Examiner appropriate
for the orderly and expeditious disposition of the
proceedings.
(b) Prehearing conferences may be held in person or by telephone conference call
or web conference.
(c) All parties shall be given notice of the date and time of prehearing conferences and
how to participate. Such notice may be limited to the parties to a SEPA appeal for
SEPA appeals that are consolidated with a permit hearing.
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(d) Following the prehearing conference, the Hearing Examiner may issue an order
reciting the actions taken or ruling on motions made at the prehearing conference.
7. APPEALS BEFORE THE HEARING EXAMINER
(a) Filing Requirements for Filing of the Appeal
Appeal filing fee and content requirements are set by Code. Any applicable
Code deadlines for filing an appeal or serving the appeal at specified places
or upon specified persons shall be considered jurisdictional. The failure of a
party to comply with a jurisdictional requirement shall be grounds for
dismissal of the appeal upon motion by a party or sua sponte by the Hearing
Examiner at any time prior to the issuance of a final decision.
(b) Clarification of the Appeal Statement
If the Hearing Examiner determines that the appeal is vague or ambiguous
or does not sufficiently set forth the exceptions and objections with regard to
the appealed matter, the Hearing Examiner may require that the appellant
amend the appeal.
Within ten (10) calendar days of notice to amend, or a shorter time period
as found to be equitable by the Hearing Examiner, the appellant shall file a
written clarification of the appeal as required by the Hearing Examiner. If
the appeal is not amended by 5:00 p.m. of the last day of that time period, it
shall be dismissed by the Hearing Examiner.
(c) Dismissal of Appeals
The Hearing Examiner shall dismiss an appeal without hearing when it is
determined by the Hearing Examiner without merit on its face, frivolous, or
brought merely to secure a delay.
(d) Parties to the Appeal
The parties to the appeal are the City, appellant(s) and the applicant. If
multiple appellants or a group of appellants file an identical appeal, the
Hearing Examiner may request that a representative be appointed to receive
notices and copies of documents. The appointed representative will receive
copies of documents and notices for the group.
(e) Intervention
An interested person may petition the Examiner to intervene as a party. The
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petition shall be filed at least ten (10) working days prior to the appeal
hearing and shall set forth reasons why the petitioner should be allowed to
participate. The petition shall be considered at or before the beginning of the
hearing and intervention shall be allowed only if the Examiner so orders,
and upon such terms and conditions as the Examiner determines to be
appropriate. Copies of the petition to intervene shall be distributed to all
parties.
The parties shall have the opportunity for reply or objection. Any reply or
objection must be filed at least three (3) working days prior to the appeal
hearing.
(f) Withdrawal of the Appeal
The appellant may withdraw an appeal at any time prior to the close of the record.
(g) Format of Appeal Hearing
The format for an appeal hearing will be informal, yet designed in such a way
that the evidence and facts relevant to the proceeding will become readily and
efficiently available to the Hearing Examiner. Any appeal hearing shall include,
but need not be limited to, the following elements:
(1) A brief introductory statement by the Hearing Examiner.
(2) Presentation by the City including any relevant testimony the
City wishes to present.
(3) Presentation by the applicant, if the applicant is not the
appellant.
(4) Cross examination of City witnesses by the appellant, if determined by the
Hearing Examiner to be appropriate.
(5) Presentation by the appellant, including any relevant testimony the appellant
wishes to present.
(6) Cross examination of appellant witnesses by the City, if needed.
(7) Rebuttal by the Applicant.
(8) Rebuttal by the City.
(9) Questions by the Hearing Examiner.
(10) Concluding remarks or summations and rebuttal thereto, as necessary.
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(h) Participation by Non-Party
Appeal hearings are open to the public, but testimony is generally not
allowed from a person who is not a party to an appeal hearing unless called
as a witness by a party. The Hearing Examiner at his or her discretion may
call or allow a non-party witness to testify upon a determination that such
testimony will be relevant and not repetitive.
8. CODE ENFORCEMENT HEARINGS
Code enforcement hearings shall be subject to Sections 7d, e, g, and h.
9. PRE-DECISION HEARING ON APPLICATIONS
(a) Format of Pre-Decision Hearing
The format for a pre-decision hearing will be public and informal, but organized
so that the testimony and evidence can be presented quickly and efficiently. A
pre-decision hearing shall include, but need not be limited to, the following
elements:
(1) A brief introductory statement by the Hearing Examiner.
(2) A presentation by the City, which may include reference to visual aids
such as maps, and a summary of the recommendation of city staff.
(3) Testimony by the Applicant.
(4) Testimony from interested persons.
(5) Rebuttal by the City.
(6) Rebuttal by the Applicant.
(7) Closing remarks, if needed.
(8) The examiner may ask questions at any time of any party prior to close
of the hearing.
(b) Content of the Record
The record of a hearing conducted by the Hearing Examiner shall include, but
need not be limited to, the following:
(1) The application.
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(2) The departmental staff reports.
(3) All other evidence received or considered including all exhibits and
other materials filed.
(4) A recommendation or decision containing findings and conclusions
including a statement of matters officially noticed by the Hearing
Examiner.
(5) Electronic recordings of the proceedings.
(6) An affidavit or certificate of written notice given of the hearing.
10. EVIDENCE
(a) Burden of Proof
(1) Where applicable ordinance(s) so provide, the Hearing Examiner shall
accord deference or other presumption as directed by the applicable
ordinance(s).
(2) Where the applicable ordinance(s) provide that the appellant has the
burden, appellant(s) must show by the applicable standard of proof that
the City’s decision or action is not in compliance with ordinance(s)
authorizing that decision or action.
(3) Where applicable ordinances do not provide that the appellant has the
burden, the City shall make a prima facie showing that its decision or
action is in compliance with the ordinance(s) authorizing that decision
or action.
(4) Unless otherwise provided by applicable ordinance(s), statue, or case law,
the standard of proof is a preponderance of the evidence.
(b) Admissibility
The hearing generally will not be conducted according to technical rules
relating to evidence and procedure. Any evidence that is relevant, material, and
reliable may be admitted if in the Hearing Examiner’s judgment, it possesses
probative value commonly accepted by reasonable and prudent persons in the
conduct of their affairs.
(c) Official Notice
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The Hearing Examiner may take official notice of generally accepted and
recognized facts and law, including but not limited to City ordinances,
resolutions, court decisions, and prior Hearing Examiner decisions. The
Examiner may also take notice of other facts and laws as authorized in courts of
law and technical or scientific facts generally accepted as such within the
relevant scientific or technical community.
11. RECORDING
All proceedings before the Hearing Examiner shall be electronically recorded
including but not limited to prehearing conferences, appeal hearings, and pre-decision
hearings. The recordings of hearings shall be part of the official case record on file
with the City Clerk.
12. OATH OR AFFIRMATION
All testimony shall be taken under oath or affirmation, but failure to administer the
oath shall not be grounds for invalidation of the proceedings unless invalidation is
required by other law.
13. CROSS-EXAMINATION
Cross-examination of expert witnesses and appeal parties and witnesses in hearings
shall be permitted as necessary for full disclosure of the facts and as required by law.
In hearings involving multiple parties, such as pre-decision hearings on land use
applications, the Hearing Examiner may limit cross-examination as necessary to
conduct an efficient and expeditious hearing.
14. LIMIT ON TESTIMONY
The Examiner may impose reasonable limitations on the number of witnesses heard,
and on the nature and length of their testimony, in order to expedite the proceeding and
avoid continuation of the hearing. Notice shall be given as early as practical when time
limitations are to be imposed. If a party is unable to present his or her arguments and
testimony within the allotted time, the record may be kept open and an opportunity
may be granted to submit written materials after the close of the hearing.
15. MOTIONS
Any application to the Hearing Examiner for an order shall be by motion which, unless
made during a public hearing, shall be in writing. The motion shall state explicitly the
reasons for the request, and shall state the specific relief or order sought.
Motions in advance of the hearing shall be received by the Hearing Examiner and all
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parties of record at least five (5) working days before the date of the hearing. Written
responses and replies to such a motion shall be received by the Hearing Examiner and
all parties of record before the time set for the hearing.
The Hearing Examiner may issue an order based on the written motion and any replies,
without oral arguments, or may call for oral arguments before ruling on the motion.
16. CONSOLIDATION OF HEARINGS
When practical and consistent with ordinance requirements, the Hearing Examiner will
consolidate land use matters for hearing. Any party may bring to the attention of the
Hearing Examiner the need for consolidation.
17. SITE VIEW
The Hearing Examiner may view a site before or after a hearing, provided that any
such site visit should be disclosed to the parties. Failure to view a site will not
invalidate the Hearing Examiner’s decision.
18. CONTINUING OR REOPENING HEARING
(a) Prior to a scheduled hearing, the Examiner may continue the hearing for good
cause as determined by the Hearing Examiner. Written notice of the new date,
time, and place of the continued hearing shall be provided to each party and
person(s) entitled to receive notice pursuant to the ACC. The notice of a
rescheduled hearing need not observe the time requirements to which the
original notice was subject.
(b) Prior to the issuance of the subject decision or recommendation, the Examiner
may continue or reopen proceedings for good cause and may permit or require
written briefs or oral argument as consistent with state law. If a matter is
reopened after conclusion of the hearing, written notice of the date, time, and
place of the reopened hearing shall be provided to each party and person(s)
entitled to receive notice pursuant to the ACC. Such notice shall be provided
not less than ten (10) prior to the reopened hearing
(c) If the Examiner determines at hearing that there is good cause to continue such
proceeding and then and there specifies the date, time, and place of the new
hearing, no further notice is required.
19. LEAVING THE RECORD OPEN
(a) The Examiner may leave the record of hearing open at the conclusion of a
hearing in order to receive argument, additional evidence, or for other good
cause. Parties shall be provided notice of the consideration of any evidence
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received after hearing and shall have an opportunity to review such evidence
and to file rebuttal evidence or argument.
(b) Except as otherwise provided in these rules, information submitted after the
close of the record shall not be included in the hearing record or considered by
the Examiner in making the decision or recommendation.
20. RECOMMENDATION OR DECISION
The Hearing Examiner shall issue a written recommendation or decision within ten
(10) working days of the closure of the record, unless the time period is extended as
authorized by Code or a different time period is specified by Code.
Time limits may be extended by mutual agreement of the City, Applicant, and
Appellant, or as otherwise authorized by Code or applicable law.
21. CONTENT OF RECOMMENDATION OR DECISION
The Hearing Examiner's recommendation or decision shall contain findings of fact,
conclusions based thereon, and a recommendation or decision consistent with those
conclusions.
22. CLARIFICATION OF A DECISION OR RECOMMENDATION OF THE
EXAMINER
A party may file a written request for clarification of the decision or recommendation.
Alternatively, the Hearing Examiner may issue a clarification upon his or her own
motion. A clarification may not materially alter the outcome of the decision or
recommendation. A request for clarification does not stop the running of the time for
filing appeals, whether to the City Council or Superior Court.
The written request for clarification must be received by the City Clerk and by all
parties within five (5) working days after the date of issuance of the Hearing
Examiner’s decision or recommendation.
The Hearing Examiner, in his or her discretion, shall determine what further action is
proper, and within five (5) working days after filing of the request shall issue that
determination in writing to all parties of record.
23. RECONSIDERATION
(a) A party may file a written request for reconsideration with the City Clerk
within seven (7) calendar days of the date of the Hearing Examiner’s decision.
The timely filing of a request for reconsideration shall stay the Hearing
Examiner’s decision until such time as the request has been disposed of by the
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Hearing Examiner. No party may file a request to reconsider on a decision
issued after reconsideration.
(b) The grounds for seeking reconsideration shall be limited to the following:
(1) The Hearing Examiner engaged in unlawful procedure or failed to
follow a prescribed process, unless the error was harmless;
(2) The Hearing Examiner’s decision is an erroneous interpretation of the
law;
(3) The Hearing Examiner’s findings, conclusions and/or conditions are not
supported by the record;
(4) The Hearing Examiner’s decision is a clearly erroneous application of
the law to the facts; or
(5) The Hearing Examiner exceeded the Hearing Examiner’s jurisdiction;
(c) The request for reconsideration must:
(1) Contain the name, mailing address and daytime telephone number of the
requesting party, together with the signature of the requesting party;
(2) Identify the specific findings, conclusions, actions and/or conditions for which
reconsideration is requested;
(3) State the specific grounds upon which relief is requested;
(4) Describe the specific relief requested; and
(5) Where applicable, identify the specific nature of any new evidence. Such new
evidence shall be considered only if the additional evidence relates to:
(i) the grounds for disqualification of the Hearing Examiner when such
grounds were unknown by the requesting party at the time the record
was created; or (ii) matters that were improperly excluded from the
record after being offered by a party.
(d) The Hearing Examiner shall issue a decision on the motion as follows:
(1) Deny the motion in writing; or
(2) Issue an amended decision; or
(3) Accept the motion and set the matter for closed record review with no or limited
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new evidence or information allowed to be submitted and only written
reconsideration arguments allowed.
24. TERMINATION OF JURISDICTION
The jurisdiction of the Hearing Examiner in a matter shall terminate upon the issuance
of his or her final action in that matter. The Hearing Examiner's final action is the
issuance of a recommendation or decision unless a request for reconsideration or
clarification is timely filed. If a request for reconsideration or clarification is timely
filed, the final action of the Hearing Examiner is his or her determination on the
reconsideration or clarification request. For Hearing Examiner decisions that are
recommendations, the City Council can reopen the Hearing Examiner’s jurisdiction
upon remand.
25. FILING
(a) Documents shall be deemed filed with the Hearing Examiner, City Clerk and City on
receipt at the City of Auburn City Clerk’s Office, located at 25 West Main Street, Auburn,
WA 98001.
(b) Documents shall be served personally or, unless otherwise provided by applicable
ordinance, by first-class, registered, or certified mail, or by facsimile (fax) transmission.
Service shall be regarded as complete upon deposit in the regular facilities of the U.S.
Mail of a properly stamped and addressed letter or packet, or at the time personally
delivered, or transmitted by fax. On a case by case basis the Hearing Examiner may
authorize service by email to specified email addresses in lieu of fax or mail.
26. INTERPRETATION
(a) The Hearing Examiner shall interpret City regulations in a manner that would preserve
their constitutional validity on judicial appeal, but shall have no authority to invalidate or
disregard City regulations due to any perceived noncompliance with constitutional
requirements.
(b) The Hearing Examiner shall conduct hearings in a manner that is consistent with the
procedural due process rights of the parties.
(c) In cases of ambiguity, the Examiner may rely upon Washington State Superior Court Civil
Rules of Procedure as well as the Washington State Rules of Evidence, provided that the
Examiner shall place a priority on ensuring that City hearings are handled in an
expeditious manner and that participation remains easy and accessible for the general
public.
(d) To the extent consistent with the administrative authority of the hearing examiner, City
regulations and these Rules of Procedure, the hearing examiner shall apply principles
applicable to judicial review under the Land Use Petition Act, Chapter 36.70C RCW, to
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14
ensure that time and resources are not wasted addressing issues at the local level that are
not subject to LUPA or other judicial review.
ADOPTED this XX day of (month) (year).
City of Auburn Hearing Examiner
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Building Code Overview (Tate)(30 Minutes)
Date:
October 6, 2020
Department:
Community Development
Attachments:
Building Code Overview PowerPoint
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
The Washington State Building Code Council has adopted updated 2018 building codes and
related standards and associated State amendments. This is a recurring update that typically
occurs every three (3) years in response to the publication of updated codes and standards
by the International Code Council and associated organizations. The 2018 codes were
scheduled to go into effect on July 1, 2020. Due to COVID 19 the implementation date was
delayed to February 1, 2021.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:October 12, 2020 Item Number:
Page 34 of 149
$8%8519$/8(66(59,&((19,5210(17(&2120<&+$5$&7(56867$,1$%,/,7<:(//1(66&(/(%5$7,21CITY COUNCIL STUDY SESSIONBUILDING CODE OVERVIEWPRESENTED BY DEPARTMENT OF COMMUNITY DEVELOPMENTJASON KRUMOCTOBER 12, 2020Department of Community DevelopmentPlanning zBuilding zDevelopment Engineering zPermit Center zCommunity Services ŏCode EnforcementPage 35 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•Model Building codes in the U.S. developed from three regional groups•BOCA National Building Code (BOCA/NBC)Building Officials Code Administrators (BOCA)•Uniform Building Code (UBC)International Conference of Building Officials (ICBO)•Standard Building Code (SBC)Southern Building Code Congress International (SBCC)LEGACY BUILDING CODESPage 36 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONLEGACY BUILDING CODES1977 U.S. Dept. of Commerce ReportPage 37 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONLEGACY BUILDING CODESPage 38 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•The International Code Council (ICC) formed in 1994•The ICC was incorporated in 2003 by all three regional groups (BOCA, ICO, SBCC)INTERNATIONAL BUILDING CODEPage 39 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONINTERNATIONAL BUILDING CODEPage 40 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•Updated I-Codes are published by ICC every 3 years•Committees hear code change proposals•Open process with public input•ICC Voting Members decideINTERNATIONAL BUILDING CODEPage 41 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•The State Building Code Council (SBCC) was created in 1974•SBCC adopted the 1973 UBC effective January 1, 1975•SBCC adopted the International Codes in 2003WASHINGTON STATE BUILDING CODE COUNCILPage 42 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•2015 International Building Code with statewide amendments•ICC/ANSI A117.1-09, Accessible and Usable Buildings and Facilities, with statewide amendments•2015 International Residential Code with statewide amendments•2015 International Mechanical Code with statewide amendments•2015 International Fuel Gas Code with statewide amendments (part of the IMC adoption)•2014 Liquefied Petroleum Gas Code (NFPA 58)•2015 National Fuel Gas Code (NFPA 54) (for LP Gas installation only)•2015 International Fire Code with statewide amendments•2015 Uniform Plumbing Code with statewide amendments•2015 Washington State Energy Code•2015 International Existing Building Code with statewide amendments found in the IBC•2015 International Swimming Pool and Spa code•National Electrical Code (NFPA 70)STATE BUILDING CODEPage 43 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONWASHINGTON STATE BUILDING CODE COUNCIL•Every 3-years the SBCC adopts the updated codes along with state specific amendments•Technical Advisory Groups review new codes and amendment proposals2018 IBC Published 09/2017IBC TAG Begins meeting 11/2017IBC Code Changes due 05/2018IBC TAG Report 07/20182018 IBC Amendments Published 05/2019SBCC Hearing 07/2019IBC Code Adoption 07/2019IBC Effective Date 07/2020IBC Effective Date 11/2020IBC Effective Date 02/2021Page 44 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•City of Auburn adopts updated codes every 3-years•Add local amendments•Offer local appeals•Establishment of penalties•Prosecution in municipal courtAUBURN CITY CODEPage 45 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•City of Auburn adopts codes and amendments in ACC Title 15 – Buildings and Construction•Community Development & VRFA have been working on proposed Title 15 amendments throughout 2019AUBURN CITY CODEPage 46 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONAUBURN CITY CODE UPDATEMeetingDatePlanning Commission 10/06/2020Planning Commission – Public Hearing 10/20/2020City Council – Study Session 12/14/2020City Council – Ordinance No. 6763 01/04/2021Page 47 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONBUILDING TEAMBACKGROUND AND QUALIFICATIONSBuilding Staff (4):105-yrs of collective experienceICC Building Plans Examiner (2)ICC Residential Plans Examiner (1)ICC Fire Plans Examiner (1)ICC General Building Inspector (3)ICC Fire Inspector I (1)ICC Fire Inspector II (1)ICC Mechanical Inspector (1)ICC Residential Building Inspector (3)ICC Commercial Building Inspector (2)Permit Technicians (3):20-yrs of collective experienceICC Permit Technician (2)Building Official:15-yrs of experienceProfessional EngineerICC Certified Building Official•8 staff with an average of 17+ years of experiencePage 48 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•“Codes” include specific language on work exempt from permits•Exemptions from permit requirements do not authorize work in violation of the codePERMIT PROCESSPage 49 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•Construction documents are required to be prepared by a registered design professional per IBC 107•RCW 18.08.410 specifies project thresholds exempt from requiring a licensed architectPERMIT PROCESS:DESIGN PROFESSIONALPage 50 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•Permit documents are reviewed for:PERMIT PROCESS: REVIEWOccupancy Group SeparationType of Construction Fire Resistive ConstructionAllowable Areas Height Occupant Load Means of EgressFire Protection AccessibilitySpecial Inspections Deferred SubmittalsRoof & Structures Structural DesignSoils & Foundations MechanicalPlumbing VentilationPage 51 of 149
OCCUPANCY CLASSIFICATIONSERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONChapter 3 of the IBC classifies 10 occupancy groups:1. Assembly (Group A)2. Business (Group B)3. Educational (Group E)4. Factory and Industrial (Group F)5. High Hazard (Group H)6. Institutional (Group I)7. Mercantile (Group M)8. Residential (Group R)9. Storage (Group S)10. Utility and Miscellaneous (Group U)Page 52 of 149
OCCUPANCY CLASSIFICATIONSERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONOccupancy Class influences design requirements1. Building height2. Area limitations3. Fire protection4. Occupancy load5. Means of egressPage 53 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•Prior to issuance, contractor registration is verified in accordance with RCW 18.27.110•RCW 18.27.090 includes exemptions allowing a legal owner to perform construction work without a licensePERMIT PROCESS: ISSUANCEPage 54 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•IBC 110 specifies the following required inspections:PERMIT PROCESS: INSPECTIONFooting FoundationConcrete slab Under-floorLowest floor elevation (FHA) FramingGypsum board and gypsum panelFire and smoke resistantpenetrationsLath Energy efficiencyPage 55 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•As applicable, once project is complete, Certificate of Occupancy is issued upon final inspectionPERMIT PROCESS: OCCUPANCYPage 56 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•The City of Auburn has a partnership with the Valley Regional Fire Authority (VRFA)PERMIT PROCESS:VALLEY REGIONAL FIRE AUTHORITY•VRFA provides review and inspection services for construction applications related to fire safety•Fire Marshal vs Fire Code OfficialPage 57 of 149
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATION•When a potential code violation is identified, a code compliance officer will investigate and work toward correction•Violation concerns are raised by citizens, City Staff, VRFA, Police Department, other local agenciesBUILDING CODE VIOLATIONSPage 58 of 149
$8%8519$/8(66(59,&((19,5210(17(&2120<&+$5$&7(56867$,1$%,/,7<:(//1(66&(/(%5$7,21•Thank you for your time•Any Questions?Department of Community DevelopmentPlanning zBuilding zDevelopment Engineering zPermit Center zCommunity Services ŏCode EnforcementPage 59 of 149
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Projects Status Report and Feature Project (Gaub)(10
Minutes)
Date:
October 6, 2020
Department:
Public Works
Attachments:
Presentation
Capital Projects Status Report
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
The purpose of this discussion is to inform the Council and Public of the overall status of the
City’s Capital Project program managed by the Engineering Services Division and to present
the 2020 third quarter feature capital project: the Auburn Way North and 1st St NE Signal
Replacement project (Project No. CP1927). This Project will replace the aging signal at the
Auburn Way North and 1st St NE intersection with a new decorative signal meeting the City’s
Downtown Standards. Construction of this project is dependent upon procurement of the
decorative signal poles, which are a long lead item, however it is anticipated to start in
February 2021 and be complete in December 2021.
The Capital Project Group of Engineering Services is currently managing 36 projects, totaling
approximately $63 million in total project costs.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:October 12, 2020 Item Number:
Page 60 of 149
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S T A I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
ENGINEERING SERVICES
CAPITAL PROJECT STATUS
REPORT & FEATURE PROJECT
RYAN VONDRAK & MATT LARSON
CITY COUNCIL STUDY SESSION
OCTOBER 12, 2020
Public Works Department
Engineering Services Airport Services Maintenance & Operations Services
Page 61 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CAPITAL PROJECTS – CURRENT STATUS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
36 Active Capital Projects (Approximate total proje ct value $63 million)
19 are in Design (Approximate total project value $28.6 million)
17 are in construction (Approximate total project v alue $34.7 million)
Page 62 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CAPITAL PROJECTS – ADVERTISED FOR CONSTRUCTION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
0.0
5.0
10.0
15.0
20.0
25.0
2017 (17) 2018 (13) 2019 (17) 2020 (15)*
21.0
13.0
20.1 20.5
TOTAL VALUE OF PROJECTS IN CONSTRUCTION(MILLIONS)YEAR (# PROJECTS FORMALLY BID)
Page 63 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
UPCOMING CONSTRUCTION PROJECTS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CP1927 Auburn Way North and 1 st St NE Signal Replacement (Page 12 of 19 in CPS
Report)
CP2001 Deduct Meter Replacement, Phase 2 (Page 13 o f 19 in CPS Report)
CP2011 Lakeland Hills Way Preservation (Page 16 of 19 in CPS Report)
Page 64 of 149
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S T A I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
FEATURE CAPITAL PROJECT:
AUBURN WAY NORTH
1 ST STREET NE
TRAFFIC SIGNAL REPLACEMENT
Public Works Department
Engineering Services Airport Services Maintenance & Operations Services
Page 65 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
VICINITY MAP
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 66 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Replace the Aging Traffic
Signal System
Improve Pedestrian and Vehicle
Safety
Upgrade curb ramps and
pedestrian signals to meet ADA
Standards
Construct traffic calming
measures
Improve Vehicle Capacity
Through the Intersection
PROJECT SCOPE/PURPOSE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Auburn Way North at 1st Street NE – Looking North
Page 67 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
EXISTING CONDITION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Northeast Corner Looking Southeast
Page 68 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
BENEFITS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Traffic Calming – Curb Extensions
Downtown Standard
Decorative Signal Pole
Downtown Standard Aesthetics
Page 69 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Estimated Project Cost = $1.34 Million
Arterial Street Fund (Traffic Signal Replacement Pr ogram)
Arterial Street Preservation Fund
Storm Utility Fund
PROJECT BUDGET
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 70 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SCHEDULE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CONSTRUCTION
Mar. - Dec. 2021
Advertise & Award
Jan./Feb. 2021
Design Complete
Dec. 2020
Page 71 of 149
CP1416
F St SE Non-Motorized Improvements QTR 2
(APR-JUN)
20
$4,320,387
(Includes
Federal Grant
Funds)21
QTR 3
(JUL-SEP)
This project will reconstruct F St SE from 4th St SE to
Auburn Way South, including adding new sidewalks,
curb and gutter, street lighting, streetscape elements,
and safety improvements. Some sections of water
and sewer lines will be replaced and overhead
utilities will be relocated underground. Some ROW
acquisition was necessary. The project also includes
bike boulevard and way-finding components between
Auburn Station and Les Gove Community Campus.
Jacobs Sound
Pacific
Construction
Construction of the
new sewer main is
complete.
Construction of the
new watermain,
storm drainage
system and utility
under-grounding
underway.
Seth
Wickstrom
CP1516
Auburn Municipal Airport Runway Enhancements QTR 2
(APR-JUN)
20
$3,886,703
(Includes
Federal & State
Grant Funds)20
QTR 3
(JUL-SEP)
The purpose of the project is to improve safety and
the ability to accommodate the current and forecast
fleet of multi-engine piston aircraft for both takeoff
and accelerate-stop distances at the Auburn
Municipal Airport by extending both ends of Runway
16/34 to a total length of 3,841 feet of runway.
CenturyWest Pivetta
Brothers
Construction
substantially
complete, only
punchlist work
remains.
Seth
Wickstrom
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 1 of 19Page 72 of 149
CP1812
Sewer Pump Station Electrical Improvements QTR 3
(JUL-SEP)
20
$1,280,000
21
QTR 2
(APR-JUN)
The purpose of this project is to update the electrical
systems at sewer pump stations throughout the City
to meet current electrical code, improve safety and
increase the efficiency of maintenance.
Parametrix Source
Electric
Notice to proceed
was issued on
August 28, 2020.
The custom
electrical panels are
being fabricated and
work will be
completed as the
materials for each
site become
available.
Jeffrey
Bender
CP1807
Water Meter Vaults and Lids Replacement QTR 1
(JAN-MAR)
20
$1,260,000
20
QTR 3
(JUL-SEP)
Replace 8 large water meter vaults and 1 large water
meter vault lid.
N/A NW
Cascade
Final payment was
processed on
September 16, 2020.
Project closeout is
underway.
Seth
Wickstrom
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 2 of 19Page 73 of 149
CP1819
A Street SE Preservation QTR 2
(APR-JUN)
19
$3,001,200
(Includes
Federal Grant
Funds)20
QTR 3
(JUL-SEP)
The project will grind, repair, and overlay the
roadway; upgrade non-ADA compliant curb ramps;
replace traffic loops; upgrade pedestrian signal
infrastructure as needed to meet ADA standards; and
replace the water main and applicable appurtenances
along the A St. SE corridor between East Main St.
and 17th St. SE. The project will restore 4.77 lane
miles (0.95 CL Miles) of roadway, upgrade up to 42
curb ramps, and replace approximately 1,000 feet of
water main.
N/A Pivetta
Brothers
Physical Completion
was granted on July
17, 2020. Final
payment is being
processed.
Kim Truong
CP1903
Auburn Way North Preservation Phase 2 QTR 2
(APR-JUN)
20
$1,631,206
(Includes
Federal Grant
Funds)20
QTR 4
(OCT-DEC)
This project will grind and overlay Auburn Way N from
approximately 8th Street NE to 22nd Street NE,
remove unused driveways, and upgrade curb ramps
and pedestrian signals as needed to meet ADA
requirements.
N/A Sound
Pacific
Construction
Contractor is
currently working on
installing
underground utilities
towards the south
end of the project
limits.
This project is
combined with
CP1904 for
construction.
Luis Barba
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 3 of 19Page 74 of 149
CP1904
Auburn Way North Preservation Phase 3 QTR 2
(APR-JUN)
20
$2,465,339
(Includes
Federal Grant
Funds)20
QTR 4
(OCT-DEC)
This project will grind and overlay Auburn N from
approximately 4th Street SE to 8th Street NE, remove
unused driveways, and upgrade all curb ramps and
pedestrian signals to meet ADA requirements.
N/A Sound
Pacific
Construction
Contractor is
currently
constructing
intersection curb
ramps, as well as
installing electrical
improvements at the
intersections. Work
is mainly being done
on the east side of
Auburn Way North
and Auburn Way
South.
This project is
combined with
CP1903 for
construction.
Luis Barba
CP1618
Lake Tapps Parkway ITS Expansion Project QTR 3
(JUL-SEP)
20
$1,130,000
(Includes
Federal Grant
Funds)21
QTR 1
(JAN-MAR)
Construction of new Intelligent Transportation System
(ITS) infrastructure along Lake Tapps Parkway and A
St SE. New infrastructure includes new
communication lines, Variable Message Sign, ITS
PTZ cameras, network upgrades, wireless
connections, an interconnection with Sumner at 8th
St E, & weather stations at Lakeland hills. The project
will also replace some aerial copper communication
lines along A St SE.
Transpo
Group
Mill Plain
Electric
Notice to Procced
was issued on
September 18, 2020.
Contactor is
currently installing
conduit for the
fiberoptic cables
along the backside
of the pedestrian
path. Installation of
conduit will take
approximately one
month to complete.
Jai Carter
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 4 of 19Page 75 of 149
CP1901
AWS - Poplar Curve Safety Improvements QTR 3
(JUL-SEP)
20
$338,200
(Includes
Federal Grant
Funds)20
QTR 4
(OCT-DEC)
This Project will design and construct safety
improvements in the vicinity of the Poplar Street
curve along Auburn Way S. The specific elements of
the project will install LED street lights, a
speed-activated curve ahead warning sign, high
friction surface treatment, guardrail, and reconstruct
curb radii and driveways.
N/A NW
Cascade
The construction
contract has been
suspended awaiting
material delivery.
Construction work is
anticipated to
resume in November
2020.
Jeffrey
Bender
CP1912
15th Street NW Dynamic Message Sign QTR 2
(APR-JUN)
20
$406,820
21
QTR 2
(APR-JUN)
Construct a new dynamic message sign on the
shoulder of eastbound 15th Street NW between C St
NW and SR 167. Connect existing traffic signals at
W Valley Hwy, C St NW, A St NE, and D St NE to
existing City fiber system.
N/A West Coast
Signal
Work to connect the
traffic signals within
the project limits to
the existing City fiber
system is anticipated
in October 2020.
Due to the long lead
time to procure the
materials, installation
of the Dynamic
Message Sign is
anticipated to start in
January 2021.
Seth
Wickstrom
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 5 of 19Page 76 of 149
CP1929
Lea Hill AC Main Replacement Project QTR 3
(JUL-SEP)
20
$3,248,000
20
QTR 4
(OCT-DEC)
The project purpose is to replace approximately
5,685 LF of 4” to 8” existing asbestos cement (AC)
water mains with 8” or 12” ductile iron pipe (DIP)
water mains and associated gate valves, fire
hydrants, water meters, service lines and other
appurtenances in the City’s Lea Hill Service Area.
MurraySmith RodarteWatermain on 112th
Ave SE is complete
and it is anticipated
that the paving on
112th Ave SE will be
completed by the
end of September.
Contractor is
installing water main,
services, and
appurtenances on S
290th St and 111th
Ave SE currently
then will transition to
the 295th Street Site
in early October
2020.
Jai Carter
CP1902
2020 Pedestrian Safety, Sidewalk and ADA
Improvement Project
QTR 3
(JUL-SEP)
20
$851,216
(Includes
Federal Grant
Funds)20
QTR 4
(OCT-DEC)
Improves pedestrian accessibility & safety throughout
the City. Numerous sites throughout the City where
sidewalks are in need of repair or improvement, curb
ramps are missing or need to be improved, and
where pedestrian crosswalk improvements are
desired. Sites were identified based on input from
citizens, M&O, and other City Departments. Priority
was given to sites that serve low-income, elderly, and
disabled populations, school walking routes, and high
volumes of general pedestrian traffic.
N/A R.W. Scott
Construction
The Contractor is
currently working at
13 of the 17 sites
and it is anticipated
that many of the
sites will be
completed in
October 2020.
Jeffrey
Bender
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 6 of 19Page 77 of 149
CP1926
2020 Arterial Street Preservation (15th St NW)QTR 2
(APR-JUN)
20
$1,633,400
21
QTR 2
(APR-JUN)
Replace the pavement and replace and up-size of the
existing 8” cast iron water main to a 16” ductile iron
water main on 15th Street NW from R Street NW to
West Valley Highway.
The project will also grind and overlay of 15th Street
NW from West Valley Highway to SR 167.
N/A Road
Construction
Northwest
(RCNW)
Contractor is
currently installing
the new watermain.
Seth
Wickstrom
CP1826
Mountain View Cemetery Paving QTR 2
(APR-JUN)
20
$355,000
20
QTR 3
(JUL-SEP)
This project will design and construct
roadway/pavement improvements at Mountain View
Cemetery.
N/A Lakeside
Industries
The construction
work is complete.
This construction
contract is combined
with CP1925. See
CP1925 for recent
progress.
Jai Carter
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 7 of 19Page 78 of 149
CP1925
2020 Local Street Reconstruction and
Preservation
QTR 2
(APR-JUN)
20
$2,575,000
20
QTR 4
(OCT-DEC)
The main purpose of this project is to improve the
condition of the City’s local streets. The project will
design and construct the following: full-depth
roadway replacement, grind/overlay, and curb ramp
upgrades. The project construction contract is also
anticipated to include re-application of thermoplastic
markings throughout the City and preservation of
pavement in Mountain View Cemetery (tracked as
project CP1826).
Jacobs Lakeside
Industries
Contractor is working
on final cleanup and
punch list items.
Additional pavement
marking sites were
added throughout
the city using
remaining project
funds. The
contractor is nearly
complete with the
additional pavement
marking sites.
The construction
contract is combined
with CP1826.
Jai Carter
CP2023
2020 Crack Seal QTR 3
(JUL-SEP)
20
$150,000
20
QTR 4
(OCT-DEC)
This project will implement maintenance of various
classified streets by sealing newly formed cracks.
Sealing the cracks will prolong the life of the
pavement by stopping water from draining into the
subbase of the pavement.
N/A C.R.
Contracting
Construction
contract was
awarded to C.R.
Contracting on
September 15, 2020.
Preconstruction
meeting was held on
September 24, 2020.
Construction is
anticipated to begin
on October 5, 2020.
Seth
Wickstrom
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 8 of 19Page 79 of 149
CP2024
Howard Road VFD Replacement QTR 3
(JUL-SEP)
20
$120,000
20
QTR 4
(OCT-DEC)
This project will remove and replace the existing
480V, 200HP variable frequency drives (VFDs) for
Pumps 1 and 2 at the Howard Road Corrosion
Control Facility. The work also will include a new
VFD enclosure and VFD programming for each pump
(2 total). The VFD enclosure will house the new
VFD, 5% line and load reactors, disconnect switch,
cooling fan, and door mounted keypad (One control
panel for each drive, 2 total)
N/A Custom
Electric
Construction
contract was
awarded to Custom
Electric on
September 15, 2020.
Contract documents
are being prepared
and routed for
signatures.
Jeffrey
Bender
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
CONSTRUCTIONProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 9 of 19Page 80 of 149
CP1603
Coal Creek Springs Transmission Main Repair QTR 1
(JAN-MAR)
22
$636,522
22
QTR 4
(OCT-DEC)
The project will construct a second, parallel
transmission pipeline over the White River
suspended from a new pedestrian bridge, inspect the
existing steel transmission main for possible leaks
and repair the leaks, if any.
Jacobs TBDConsultant design
team is currently
working on floodplain
modeling,
environmental
permitting, and 90%
design submittal.
Construction funding
is not yet secured.
The City anticipates
applying for a
Drinking Water State
Revolving Fund
Loan and a Parks
Grant to supplement
City funds to cover
construction costs.
Seth
Wickstrom
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
CP1724
37th St NW Flood Control
TBD
$291,000
TBD
The purpose of the project is to alleviate significant
annual flooding at the 1000 block of 37th St NW of
Auburn, Washington, by upgrading the drainage
system with a box culvert.
N/A TBDCompleting storm
modeling in support
of the design effort.
Coordinating with
Ecology, Army
Corps, MIT, and PSE
regarding
environmental
concerns and
permitting
requirements.
Luis Barba
Generated by eGIS:9/29/2020 Page 10 of 19Page 81 of 149
MS1811
Auburn Airport Runway Extension - Property
Acquisition Phase
$555,600
(Includes
Federal Grant
Funds)
Acquire a portion of the King County Park & Ride as
part of the Auburn Airport Runway Enhancement
Project (Project Number CP1516).
N/A N/APreliminary short plat
application under
review.
Working with King
County on the
purchase and sale
agreement language
for sale of property.
Seth
Wickstrom
CP1916
Academy Pump Station 1 Replacement QTR 1
(JAN-MAR)
21
$4,352,479
22
QTR 1
(JAN-MAR)
Replacement of Pump Station 1, Improvements to
Pump Station 2, Replacement of backup power
systems, replacement/installation of underground
water main.
Carollo TBDThe consultant
design team
completed the 90%
design submittal on
September 4, 2020.
The 90% design
review was
completed on
September 23, 2020.
Jeffrey
Bender
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 11 of 19Page 82 of 149
CP1622
Auburn Way South Improvements - Hemlock to
Poplar
QTR 1
(JAN-MAR)
22
$1,500,000
(Includes
Federal Grant
Funds)23
QTR 4
(OCT-DEC)
Roadway widening to create a five-lane cross section
with two general purpose travel lanes in each
direction, and a two-way center left-turn lane. A new
traffic signal is proposed near the Noble Court
intersection to support access to Chinook Elementary
School. Additionally, curb and gutter, 10 foot
sidewalks, illumination, transit stop improvements,
storm water improvements, water main extension,
and access management (where feasible) with
accommodation for U-turns are proposed.
Parametrix TBDDesign is currently
on hold due to
coordination efforts
with WSDOT and
Auburn School
District related to the
Chinook Elementary
improvements.
Construction funding
has not been
secured. The City
will apply for grants
where available.
Jeffrey
Bender
CP1927
Auburn Way N and 1st Street NE Signal
Replacement
QTR 2
(APR-JUN)
21
$1,156,513
21
QTR 3
(JUL-SEP)
This project will replace the existing traffic signal at
Auburn Way North and 1st Street NE with a new
traffic signal per the City of Auburn standards and the
Downtown standards.
The project also includes adding left turn pocket on
1st Street NE and flashing yellow arrows in all four
directions.
N/A TBD60% design review is
complete. City
design team is
working toward 90%
design submittal
which is anticipated
to be completed in
October 2020.
Matt Larson
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 12 of 19Page 83 of 149
CP2001
Deduct Meter Replacement, Phase 2 QTR 1
(JAN-MAR)
21
$512,500
21
QTR 2
(APR-JUN)
This Project will replace approximately 56 of the 128
remaining deduct meters within the City limits,
including replacing related piping and restoration.
N/A TBDCoordination with
individual property
owners for access is
underway.
City design team is
working toward 90%
design submittal.
Jeffrey
Bender
CP1920
Citywide LED and Streetlight Controls QTR 2
(APR-JUN)
20
$2,700,000
20
QTR 4
(OCT-DEC)
This project will retrofit existing City street lights with
LED fixtures and street light controls for remote
management.
Washington
Department
of Enterprise
Services
McKinstryInstallation of
upgraded LED lights
underway.
Scott Nutter
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 13 of 19Page 84 of 149
CP1922
Lead Service Line Replacement Project QTR 1
(JAN-MAR)
21
$5,415,000
21
QTR 4
(OCT-DEC)
The purpose of this project is to provide
improvements to the City’s water distribution system,
and avoid any potential public health issues
associated with existing lead gooseneck service line
infrastructure. The project will replace approximately
7,100 linear feet of water main, approximately 190
water services, potentially reconstruct 13 street
segments and upgrade associated drainage, curb &
gutter, curb ramps; as well as grind and overlay 4
street segments.
MurraySmith TBD30% design review
was completed on
September 22, 2020.
Consultant design
team is working on
project
environmental
documentation and
geotechnical
exploration is
anticipated to begin
on October 6, 2020.
Consultant design
team working toward
60% design
submittal.
Jai Carter
CP2012
M Street SE Sidewalk Improvements QTR 2
(APR-JUN)
21
$749,542
(Includes State
Grant Funds)
21
QTR 3
(JUL-SEP)
Project will design and construct missing sections of
sidewalk along M Street SE between Auburn Way S
and 8th St SE. The project scope includes installation
of sidewalk, ADA curb ramps and street lighting.
N/A TBDCity design team is
working towards
60% submittal which
is anticipated in
October 2020.
Luis Barba
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 14 of 19Page 85 of 149
CP2003
2nd Street SE Preservation Project QTR 1
(JAN-MAR)
21
$1,163,755
(Includes State
Grant Funds)
21
QTR 4
(OCT-DEC)
This project will reconstruct the pavement on 2nd
Street SE between A Street SE and Auburn Way S.
The project will also replace 450 feet of sewer main,
construct new curb ramps, install new LED Street
lighting, replace curb & gutter as needed, and
upgrade drainage infrastructure as needed.
N/A TBDCity design team is
working toward the
30% design
submittal which is
anticipated to be
completed in early
October 2020.
Private utility and
King County Metro
coordination is also
underway.
Jai Carter
CP2010
2021 Sewer Repair and Replacement Project QTR 1
(JAN-MAR)
21
$2,400,000
21
QTR 4
(OCT-DEC)
This project plans to replace a total of approximately
2585 LF of 8”-10” diameter sewer line at 9 separate
sites and construct 10 spot repairs.
N/A TBDCity design team is
working toward the
30% submittal which
is anticipated to be
completed in early
October 2020.
Jai Carter
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 15 of 19Page 86 of 149
CP2011
Lakeland Hills Way Preservation QTR 1
(JAN-MAR)
21
$1,385,000
21
QTR 4
(OCT-DEC)
Grind, patch, and overlay Lakeland Hills Way from
57th Drive SE to Lake Tapps Dr SE.
N/A TBDCity design team is
working toward 90%
design submittal
which is anticipated
to be completed in
early October 2020.
Seth
Wickstrom
CP2018
S. 330th St and 46th Place S Storm Improvements QTR 2
(APR-JUN)
21
$379,000
21
QTR 3
(JUL-SEP)
Relocate existing storm system located on private
property, into approximately 350 linear feet of new
24-inch storm pipe within the public right-of-way.
Improvements will include replacing existing outfall
structure and connections of private drainage pipes.
N/A TBDThe city design team
is currently working
towards the 90%
design submittal
which is anticipated
to be completed in
October 2020.
Luis Barba
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 16 of 19Page 87 of 149
CP2017
2021 Storm Renewal and Replacement Project QTR 2
(APR-JUN)
21
$1,100,000
21
QTR 3
(JUL-SEP)
The purpose of this project is to repair and replace
storm system infrastructure throughout the City, at six
different locations. Improvements will eliminate
known drainage issues and reduce maintenance
efforts.
N/A TBDCity design team is
working toward the
75% design
submittal which is
anticipated in
November 2020.
Luis Barba
CP2019
2021 Local Street Reconstruction and
Preservation
QTR 1
(JAN-MAR)
21
$5,660,000
21
QTR 3
(JUL-SEP)
This project will design and construct the following
improvements:
Site #1 (G St SE from E Main to 4th St SE) - Full
depth pavement re-build; replace water main incl.
water services; upgrade storm drainage system as
needed; and upgrade curb ramps to meet ADA.
Site #2 (Riverwalk/Forest Ridge) - Grind and overlay
the roadway; replace water main incl. water services;
upgrade storm drainage system on 24th Ave/St. SE;
and upgrade curb ramps to meet ADA.
Jacobs TBDConsultant design
team is working
toward 60% design
submittal which is
anticipated to be
completed in
October 2020.
Kim Truong
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 17 of 19Page 88 of 149
CP2007
Lea Hill Rd Bridge Deck Preservation QTR 2
(APR-JUN)
21
$647,850
(Includes
Federal Grant
Funds)21
QTR 3
(JUL-SEP)
The project will grind and overlay the Lea Hill bridge
deck in an effort to extend the overall service life of
the bridge.
TBD TBDGrant funding for
preliminary
engineering was
authorized on
September 9, 2020.
Anticipate
advertisement for
consultant services
in October.
Kim Truong
CP2006
3rd Street SW Bridge Decks Preservation QTR 2
(APR-JUN)
21
$673,540
(Includes
Federal Grant
Funds)21
QTR 3
(JUL-SEP)
The project will seal and overlay the 3rd Street SW
bridge decks in an effort to extend the overall service
life of the bridges.
TBD TBDGrant funding for
preliminary
engineering was
authorized on
September 2, 2020.
Anticipate
advertisement for
consultant services
in October.
Kim Truong
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 18 of 19Page 89 of 149
CP2009
Rainier Ridge Pump Station QTR 2
(APR-JUN)
22
$3,415,000
22
QTR 4
(OCT-DEC)
This project will replace the Rainier Ridge Sewer
Pump Station and its associated force main
(approximately 725 ft).
TBD TBDConsultant selection
process is underway.
Proposals were
received on
September 3, 2020.
It is anticipated that
design work will
begin in November
2020.
Jai Carter
Project
Number
Capital Project Status Report Public Works Department - Engineering General Services Division
DESIGNProject Status:
Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager
Recent
Progress
Design
Consultant
Contractor
Generated by eGIS:9/29/2020 Page 19 of 19Page 90 of 149
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6792 (Gaub)(20 Minutes)
Date:
October 6, 2020
Department:
Public Works
Attachments:
Draft Ordinance No. 6792
Exhibit A: Revis ed Chapter 19.04
Auburn Downtown Map
Lakelland Hills PUD Map
TIF Comparis on Chart
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
Discussion of proposed Ordinance No. 6792 amending chapter 19.04 of the Auburn City
Code relating to transportation impact fees. The proposed changes in Ordinance No. 6792
will modify the definitions for building permits, the assessment of impact fees, and the
eligibility for an independent fee calculation. In addition, the proposed changes will remove
code provisions which have expired or which require updating based on staff
recommendations.
Staff will also present and discuss the proposed 2021 update to the transportation impact
fees. The proposed fees are based on the funding needs identified in the 2021-2026 TIP
(adopted by City Council on June 15, 2020 by Resolution 5527) and anticipated development
activities during the next 6 year period that necessitate additional transportation capacity. The
proposed fee would be included in the fee schedule for 2021 that will be brought later to the
City council for adoption:
Increase in the base City wide fee of 5% from $4,739 to $4,894 per trip
Reduced fees for downtown remain in place
Fees for Lakeland Hills Planned Unit Development (PUD) increase by 2% based on the
Consumer Price Index for the Seattle area
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:October 12, 2020 Item Number:
Page 91 of 149
Page 92 of 149
--------------------------------
Ordinance No. 6792
October 19, 2020
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6792
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON AMENDING CHAPTER 19.04
TRANSPORTATION IMPACT FEES OF THE AUBURN CITY
CODE.
WHEREAS, the City of Auburn authorizes transportation impact fees under
Chapter 19.04 of the Auburn City Code (“ACC”) for changes in land use that cause
impacts to the City’s transportation network; and,
WHEREAS, City staff recommends the following changes: a) change to the
definitions to include vacant parcels, which can be used as parking lots and therefore,
have an impact on the transportation system, and further recommends modification to the
definitions in ACC 19.04.020; b) update the definitions for gross floor area and gross
leasable area to be identical as the one in the ITE Trip Generation Handbook; c) allowing
the assessment of impact fees where a change in use increases the impact to the
transportation system; d) clarifying that applicants shall conduct an independent study, if
required by the director, and pay for the study in advance of City review; e) adopting the
ITE Trip Generation Handbook; f) further defining applicable exemptions; g) clarifying
processes and making other necessary updates to code language; h) update the section
addressing when impact fees are assessed; and i) remove sections that have expired.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 19.04 of the Auburn City Code
is amended to read as shown in Exhibit A.
Page 93 of 149
--------------------------------
Ordinance No. 6792
October 19, 2020
Page 2 of 2 Rev. 2019
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 94 of 149
ORD 6792
EXHIBIT A
CHAPTER 19.04
TRANSPORTATION IMPACT FEES1
Sections:
19.04.010 Findings and authority.
19.04.020 Definitions.
19.04.030 Reserved.
19.04.040 Assessment of impact fees.
19.04.050 Independent fee calculations.
19.04.060 Credits and adjustments.
19.04.070 Exemptions.
19.04.080 Appeals.
19.04.090 Establishment of an impact fee account for transportation.
19.04.100 Refunds.
19.04.110 Use of funds.
19.04.120 Review and update of impact fees.
19.04.130 Miscellaneous provisions.
1 Code reviser’s note: The fee schedule of the city of Auburn, mentioned throughout this
chapter, is available in the city clerk’s office for public review and examination.
19.04.010 Findings and authority.
The council of the city of Auburn (the “council”) hereby finds and determines that new
growth and development, including but not limited to new residential, commercial, retail,
office, and industrial development, in the city of Auburn will create additiona l demand
and need for transportation facilities in the city of Auburn, and the council finds that new
growth and development should pay a proportionate share of the cost of transportation
facilities needed to serve the new growth and development. The city of Auburn has
conducted extensive studies documenting the procedures for measuring the impact of
new developments on transportation facilities. These studies have contributed to the
rates as established in the fee schedule of the city of Auburn. Therefore, pursuant to
Chapter 82.02 RCW, the council adopts this chapter to assess impact fees for
transportation facilities. The provisions of this chapter shall be liberally construed in
order to carry out the purposes of the council in establishing the transportation impact
fee program. (Ord. 6341 § 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.020 Definitions.
The following words and terms shall have the following meanings for the purposes of
this chapter, unless the context clearly requires otherwise. Terms otherwise not defined
herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary
meaning.
Page 95 of 149
A. “Act” means the Growth Management Act, Chapter 36.70A RCW, as now in
existence or as hereafter amended.
B. “Building permit,” for the purposes of this chapter only, means is defined as: 1) an
official document or certification which is issued by the city that and which authorizes
the construction, alteration, enlargement, conversion, reconstruction, remodeling,
rehabilitation, erection, demolition, moving relocation, or repair of a building or structure;
or 2) a business license issued by the cCity associated with a change in building
occupancy of an existing building or structure;, or (3) a change in land use where no
building permit is required.
. In the case of increased impacts on transportation facilities caused by a change in use
or occupancy of an existing building or structure, and where no building permit is
required, the term “building permit” shall specifically include business registrations.
C. “Capital facilities plan” means the capital facilities plan element of the city’s
comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as
amended.
D. “City” means the city of Auburn.
E. “Council” means the city council of the city of Auburn.
F. “Department” means the department of public works.
G. “Development activity” means 1) any construction or expansion of a building or,
structure;, 2) or use, any change in use occupancy of a building or structure;, or 3) any
change in the use of landland use. that creates additional demand and need for
transportation facilities.
H. “Director” means the director of the department of public works or the director’s
designee.
I. “Downtown plan area” means the study area as identified and adopted in the City of
Auburn Downtown Plan dated May 2001 that is defined by the boundary of the Union
Pacific Railroad on the west and State Route 18 on the south. The eastern boundary is
defined as “F” Street SE from State Route 18 to East Main Street, East Main Street from
“F” Street SE to “E” Street SE, and “E” Street NE from East Main Street to 4th Street
NE. The northern boundary is defined as 2nd Street NW from the Interurban Trail to “D”
Street NW, 3rd Street NW/NE from “D” Street NW to Auburn Avenue, and 4th Street NE
from Auburn Avenue to “E” Street NE. For the purposes of this chapter, the downtown
plan area boundary has been slightly modified to avoid bisecting properties.
J. “Dwelling unit” means a building, or portion thereof, designed for residential
occupancy, consisting of one or more rooms which are arranged, designed or used as
living quarters for one family only.
Page 96 of 149
K. “Encumber” means to reserve, set aside or otherwise earmark the impact fees in
order to pay for commitments, contractual obligations or other liabilities incurred for
public facilities.
L. “Feepayer” is a person, corporation, partnership, an incorporated association, or any
other similar entity, or department or bureau of any governmental entity, commencing a
land development activity or land use change which creates the demand for additional
transportation facilities, and which requires the issuance of a building permit. “Feepayer”
includes an applicant for an impact fee credit.
M. “Gross floor area (GFA)” means the total square footage of any building, structure,
or use, including accessory usesmeans the sum of the area of each floor level of a
building (expressed in square feet), including cellars, basements, mezzanines,
penthouses, corridors, lobbies, stores, and offices, that are within the principal outside
faces of exterior walls, not including architectural setbacks or projections. Included are
all areas that have floor surfaces with clear standing head room (6ft 6in min.) regardless
of use. With the exception of buildings containing enclosed malls or atriums, GFA is
equal to the gross leasable area (GLA) and gross rentable area.
N. “Gross leasable area (GLA)” means the total floor area designed for tenant
occupancy and exclusive use, including any basements, mezzanines, or upper floors,
expressed in square feet. For the purposes of the trip generation calculation, the floor
area of any parking garages within the building shall not be included within the GLA of
the entire building. GLA is the area for which tenants pay rent; it is the area that
produces income for the property owner.
O. “Hearing examiner” means the examiner who acts on behalf of the council in
considering and applying land use regulatory codes as provided under Chapter 2.46
ACC. Where appropriate, “hearing examiner” also refers to the office of the hearing
examiner.
P. “Impact fee” means a a required payment of money imposed by the city of Auburn
on development activity pursuant to this chapter as a condition of issuing a building
permitgranting development approval in order to pay for the transportation facilities
needed to serve new growth and development.
Q. “Impact fee account” or “account” means the account established for the
transportation impact fees collected. The account shall be established pursuant to ACC
19.04.090, and comply with the requirements of RCW 82.02.070.
R. “Independent fee calculation” means the transportation impact calculation prepared
by a feepayer to support the assessment of an impact fee other than by the use of the
current ITE Trip Generation Manual attached schedules.
S. “Interest” means the interest rate earned by local jurisdictions in the State of
Washington Local Government Investment Pool, if not otherwise defined.
Page 97 of 149
T. “Multiple-family dwelling” means a building designed exclusively for occupancy by
three or more families living independently of each other, and containing three or more
dwelling units.
U. “Owner” means the owner of record of real property; provided, that if the real
property is being purchased under a recorded real estate contract, the purchaser shall
be considered the owner of the real property.
V. “PM peak hour” means the hour of the highest transportation demand for the entire
Auburn transportation system which, between noon and midnight, typically occurs
between the hours of 4:00 p.m. and 6:00 p.m.
W. “Single-family dwelling” means a detached building designed exclusively for
occupancy by one family and containing one dwelling unit. A manufactured home may
be considered a one-family dwelling, if sited per Chapter 18.31 ACC.
X. “Square footage” means the square footage of the gross floor area or gross floor
leasable area of the development.
Y. “State” means the state of Washington.
Z. “Transportation project improvements” means site improvements and facilities that
are planned and designed to provide service for a particular development or users of
the project, and are not transportation system improvements. No transportation
improvement or facility included in a capital facilities plan approved by the council shall
be considered a transportation project improvement.
AA. “Transportation system improvements” means transportation facilities that are
included in the city of Auburn’s capital facilities plan and are designed to provide service
to service areas within the community at large, in contrast to transportation project
improvements.
BB. “Grandfathering” means that existing land uses of a property in effect on July 1,
2001, the initial effective date of the impact fees ordinance, are entitled to system
capacity credits determined by the adopted impact fees rate schedule.
CC. “Surplus credits” means credits over and above those calculated as an impact fee.
For example:
1. In grandfathering calculations, if the difference between a proposed use fee
minus existing use credit results in a positive number, the result is the impact fee
due.
2. In grandfathering calculations, if the difference between a proposed use fee
minus existing use credit results in a negative number, the result is the surplus
Page 98 of 149
credit and no impact fee would be due. Current practice is to not pay out in real
dollars the calculated surplus credit.
In off-site system capacity improvements or ROW dedication it is also possible to create
sufficient value that results in a surplus credit.
DD. “Change in use” for the purposes of this chapter means a different use as set forth
in the identification of uses for the various fees for uses in the ITE Trip Generation
Manual or by an independent fee calculation.
EE. “ITE Trip Generation Manual” means the most current edition of the manual
promulgated and published by the Institute of Transportation Engineers.
FF. “Downtown catalyst area” means the areas defined by (1) the boundary of West
Main Street/East Main Street to the north, “A” Street SE to the east, 2nd Street SE/2nd
Street SW to the south, and “A” Street SW to the west; and (2) the boundary of East
Main Street to the south, Auburn Avenue to the east, 1st Street NE to the north, and
North Division Street to the west.
GG. “Downtown catalyst accessory area” means the area defined by the boundary of
1st Street NW to the south, “A” Street NW to the west, 2nd Street NW to the north, and
North Division Street to the east.
HFFH. “Emergency public interest area” means the area defined as King County Tax
Parcel No. 0721059053, located at 901 Auburn Way N., Auburn, WA 98002, described
more particularly as follows:
Lots 1, 2 and 3 of City of Auburn Short Plat No. SPL0009 -98, according to short plat
recorded April 20, 1999, under recording No. 9904202125, in King County, Washington,
and as shown below:
(Ord. 6341 § 3, 2011; Ord. 6199 § 1, 2008; Ord. 6197 § 1, 2008; Ord. 6089 § 1, 2007;
Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.)
Page 99 of 149
19.04.030 Reserved.
(Ord. 6341 § 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.040 Assessment of impact fees.
A. Effective July 1, 2001, tThe city shall collect impact fees, based on its the fee
schedule of the city of Auburn, as a condition of issuing ance for from any applicant
seeking a building permit from the city for any development activity within the city.
B. Effective May 19, 2003, where a change in use increases the trip generation by
more than one whole PM peak hour trip, the director shall calculate a transportation
impact fee based on the increases in the trip generation rate.
BC. The director shall apply a heavy truck adjustment factor to the transportation
impact fees for industrial land uses categorized as industrial in the ITE Trip Generation
Manual, addressing the percentage of vehicle trips for such uses made by trucks of
three or more axles and the street capacity used by such trucks in comparison to other
vehicles.
CD. Except when fees are deferred, Tthe amount of impact fees shall be based on the
lowest rate in effect betweenassessed at the time an applicant submits a complete
application for a building permit and the time ofat the time of building permit issuance, or
pursuant to an independent fee calculation accepted by the director pursuant to ACC
19.04.050, and adjusted for any credits pursuant to ACC 19.04.060. Should the scope
of the development change after permit application and prior to fee payment, the
amount of the impact fees will be adjusted to the fees in effect at the time of payment.
When fees are deferred pursuant to ACC 19.04.040(H, I, or J), the assessment will be
based on the fees in effect at the time payment.
DE. Payment of impact fees shall be made by the feepayer at the time the building
permit is issued, unless fees are deferred pursuant to this chapter. . The amount to be
paid shall not be increased for any applicant that submitted a complete application for
the building permit before the city established the im pact fee rates.
EF. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ACC 19.04.060 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.04.060 setting forth the dollar amount of the credit
awarded. Impact fees, as determined after the application of appropriate credits, shall
be collected from the feepayer at the time the building permit is issued.
G. The department shall not issue a building permit unless and until the impact fees
have been paid or credit(s) awarded.
FH. For complete single-family building permit applications for new development,
redevelopment or a change in use, and at or before prior to or at the time of issuance of
any single-family residential building permit for a dwelling unit that is being construc ted,
Page 100 of 149
the applicant may elect to record a covenant against title to the property on forms
prepared and provided by the city. The forms shall that requires payment of
transportation impact fees due and owing by providing for automatic payment through
escrow of these transportation impact fees due and owing to be paid no later than: a) at
time of closing of the sale of the unit; b) or at final inspection or issuance of certificate
of occupancy; or c) or 18 months from the date of issuance of the original building
permit was issued, whichever comes first. Failure to pay shall result in the following:
1. If the full amount of any fees required by this chapter remain s unpaid 30 days
after the city has sent written notification of the payment obligation to the
responsible party, then written notification of its obligation to pay the charges
established in this chapter the full amount remains unpaid, the responsible party
shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25.065.
Written notification shall be by regular and certified mail and to the responsible
party’s most current mailing address available contact information on file with the
city. For the purposes of applying ACC 1.25.030 and 1.25.065, the responsible party
shall constitute a property owner, the property(ies) for which a permit(s) has been
issued shall constitute the property(ies) on which the violation is occurring, and the
impact fee amount remaining unpaid shall constitute a violation occurring on the
permitted property(ies) under these sections.
2. Any unpaid charges under adopted by this chapter that are outstanding 30 days
after their due from the date the charges are due shall constitute a lien against the
property(ies) for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsecti on (H)(1) of this section, the
city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits previously issued for the
lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section.
GI. For complete multifamily building permit applications for new development,
redevelopment or a change in use, and at or before prior to or at the time of issuance of
any multifamily residential building permit that is being constructed, the applicant may
elect to record a covenant against title to the property on forms prepared and provided
by the city. The forms shall require that requires payment of transportation impact fees
due and owing by providing for automatic payment through escrow of these
transportation impact fees due and owing to be paid no later than: a) closing of the sale
of the unit; b) at final inspection or issuance of certificate of occupancy ; or c) 18
months from the date the original building permit was issued, whichever comes first. at
time of closing of the sale of the unit or at final inspection or issuance of certificate of
occupancy or 18 months from the date of issuance of the original building permit,
whichever comes first. Failure to pay shall result in the following:
Page 101 of 149
1. If the full amount of any fees required by this chapter remainss unpaid 30 days
after the city has sent written notification of the payment obligation to the
responsible party, then written notification of its obligation to pay the charges
established in this chapter the full amount remains unpaid, the responsible party
shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25.065.
Written notification shall be by regular and certified mail and to the responsible
party’s most current mailing address available contact information on file with the
city. For the purposes of applying ACC 1.25.030 and 1.25.065, the responsible party
shall constitute a property owner, the property(ies) for which a permit(s) has been
issued shall constitute the property(ies) on which the violation is occurring, and the
impact fee amount remaining unpaid shall constitute a violation occurring on the
permitted property(ies) under these sections.
2. Any unpaid charges under adopted by this chapter that are outstanding 30 days
after from their due date the charges are due shall constitute a lien against the
property(ies) for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsection (I)(1) of this section, the
city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits previously issued for the
lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section.
HJ. For nonresidential development composed of:
a) new development, or
b) redevelopment or a change in use that includes
(1) and inclusive of commercial office and retail uses, and,
(2) light and heavy manufacturing uses, but exclud esing
(i) warehousing and distribution uses, and
(ii) institutional development (including, but not limited to public and private schools
and colleges and hospitals),
and before prior to the issuance of any permit application and following the execution of
a payment agreement on forms prepared and provided by the city, the applicant may
elect to pay transportation impact fees due and owing, less any credits awarded, no
later than before prior to issuance of certificate of occupancy or 18 months from the
date of issuance of the original building permit, whichever comes first. Failure to pay
shall result in the following:
Page 102 of 149
1. If the full amount of any fees required by this chapter remains unpaid 30 days
after the city has sent written notification of the payment obligation to the
responsible party, then written notification of its obligation to pay the charges
established in this chapter the full amount remains unpaid , the responsible party
shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25.065.
Written notification shall be by regular and certified mail and to the responsible
party’s most current mailing address available contact information on file with the
city. For the purposes of applying ACC 1.25.030 and 1.25.065, the responsible party
shall constitute a property owner, the property(ies) for which a permit(s) has been
issued shall constitute the property(ies) on which the violation is occurring, and the
impact fee amount remaining unpaid shall constitute a violation occurring on the
permitted property(ies) under these sections.
2. Any unpaid charges under adopted by this chapter that are outstanding 30 days
after their due date from the date the charges are due shall constitute a lien against
the property(ies) for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsection (J)(1) of this section, the
city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits pre viously issued for the
lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section. (Ord. 6583 § 1, 2016; Ord. 6455 § 3,
2013; Ord. 6341 § 3, 2011; Ord. 6005 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5506
§ 1, 2001.)
19.04.050 Independent fee calculations.
A. If in the judgment of the director, none of the fee categories set forth in the fee
attached schedule accurately describes or captures the impacts of the new
development, the applicant shall conduct an independent fee calculation and the
director may impose alternative fees on a specific development based on those
calculations, once accepted by the city.
B. Feepayers may opt not to have the impact fees determined according to the
attached schedule. Such feepayers shall prepare and submit to the director an
independent fee calculation for the development activity for which a building permit is
sought.
BC. The documentation submitted and supporting an independent fee calculation shall
clearly show PM peak hour trip generation characteristics of the proposed development
activity based on industry-accepted standards as articulated in the ITE trip generation
manual. The modified fee shall be based on the average cost per trip established in the
fee schedule of the city of Auburn, and shall consider the alternative trip generation
data.
Page 103 of 149
CD. A non-reimbursable administrative fee shall be charged for each independent fee
calculation. Payment of theThe fee is required prior shall be deposited with the city to
pay for Ccity review of the independent fee studycalculation upon submittal of the
documented independent fee study.
DE. After the city completes its review, the actual fees and expenses will be
determined and the cash deposit shall be adjusted to provide for a refund by the city or
additional payment by the feepayer.
EF. While there is a presumption that the calculations set forth in the city’s fee
attached schedule are valid, the director shall consider the documentation submitted by
the feepayer, but is not required to accept such documentation which the director
reasonably deems to be inaccurate or not reliable, and may, in the alternative, require
the feepayer to submit additional or different documentation for consideration. The
director is authorized to adjust the impact fees on a case -by-case basis based on the
independent fee calculation, the specific characteristics of the development, and/or
principles of fairness.
FG. Determinations made by the director pursuant to this section may be a ppealed to
the office of the hearing examiner subject to the procedures set forth in ACC 19.04.080.
(Ord. 6341 § 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.060 Credits and adjustments.
A. A feepayer can request that a credit or credits for transportation impact fees be
awarded to him/her for transportation project improvements provided by the feepayer in
excess of the standard requirements for the feepayer’s development if the land,
improvements, and/or the facility constructed are identified as transportation system
improvements that provide capacity to serve new growth in the capital facilities plan, or
the director, at his/her discretion, makes the finding that such land, improvements,
and/or facilities would serve the transportation goals and objectives of the capital
facilities plan.
B. For each request for a credit or credits, the director shall determine the value of
dedicated land by using available documentation or selecting an appraiser from a list of
independent appraisers maintained by the department to determine the value of the
land being dedicated. The value of the improvements will be determined through
documentation submitted by the feepayer.
C. The feepayer shall pay the cost of the appraisal and shall deposit on account the
estimated cost of the appraisal as determined by the city at the time the feepayer
requests consideration for a credit.
D. After receiving the appraisal, the director shall provide the applicant with a letter or
certificate setting forth the dollar amount of the credit, the reason for the credit, where
applicable, the legal description of the site donated, and the legal description or other
Page 104 of 149
adequate description of the project or development to which the credit may be applied.
The applicant must sign and date a duplicate copy of such letter or certificate indicating
his/her agreement to the terms of the letter or certificate, and return such signed
document to the director before the impact fee credit will be awarded. The failure of the
applicant to sign, date, and return such document within 60 days shall nullify the credit.
E. Any request claim for credit must be made by no later than the time of application
for a building permit, or it . Any claim not so made shall be deemed waived.
F. No credit shall be given for transportation project improvements or right -of-way
dedications for direct access improvements to and/or within the development in
question.
G. Determinations made by the director pursuant to this section shall be subject to the
appeals procedures set forth in ACC 19.04.080.
H. Pursuant to and consistent with the requirements of RCW 82.02.060, the fee rate in
the city’s fee schedule for the city of Auburn has been reasonably adjusted for other
revenue sources which are earmarked for, or proratable to, funding transportation
facilities.
I. In order to grandfather the capacity rights of existing land uses, the director will
utilize the adopted rates to calculate any impact fee credits and to determine any
surplus credits for off-site system improvements made by the property owner. Only in a
situation when a property owner makes off-site system capacity improvements that
qualify in accordance with subsection A of this section will any surplus credits (value
computed during the permit year and not adjusted for inflation) remain with the property
or any subdivision of that property to benefit future development where a traffic impact
fee is determined to be due. (Ord. 6341 § 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1,
2001.)
19.04.070 Exemptions.
A. The following shall be exemptted from the payment of transportation impact fees:
1. Replacement of a structure with a new structure of the same PM peak hour trip
generation and use at the same site or lot when such replacement occurs within 12
months of the demolition or destruction of the prior structure.
2. Alterations, expansion, enlargement, remodeling, or rehabilitation, or conversion
of an existing dwelling unit where no additional dwelling units are created and the
land use category in the ITE Trip Generation Handbookuse is not changed.
3. Alterations of an existing non-residential structure that does not increase the
GFA or GLA.expand the usable space.
Page 105 of 149
4. Miscellaneous improvements, including but not limited to fences, walls,
swimming pools, and signs.
5. A change in use where the increase in PM peak hour trip generation is less than
the threshold stated in ACC 19.04.040(B).
56. Demolition, or moving relocation of a structure out of the cityCity.
7. Any building permit application that has been submitted to the department
before 5:00 p.m. the business day before the first effective date of the transportation
impact fee rate schedule and subsequently determined to be a complete application
by the city.
8. All development activity within the “downtown plan area” as defined in ACC
19.04.020(I); provided, that this exemption shall sunset on June 30, 2007, unless
otherwise extended by the city council.
9. All development activity within the “downtown catalyst area” as defined in ACC
19.04.020(FF); provided, that this exemption shall sunset on December 31, 2017,
unless otherwise extended by the city council.
10. Fifty percent of all development activity within the “downtown catalyst
accessory area” as defined in ACC 19.04.020(GG), to the effect that the exemption
provided hereby shall be for 50 percent of the applicable transportation impact fees;
provided, that this exemption shall sunset on December 31, 2008, unless otherwise
extended by the city council.
11. All development activity within the “emergency public interest area” as defined
in ACC 19.04.020(HH); provided, that this exemption shall sunset on December 31,
2008, unless otherwise extended by the city council.
B. The director shall be authorized to determine whether a particular development
activity falls within an exemption identified in this section. Determinations of the director
shall be subject to the appeals procedures set forth in ACC 19.04.080. (Ord. 6637 § 1,
2017; Ord. 6526 § 1, 2014; Ord. 6412 § 1, 2012; Ord. 6341 § 3, 2011; Ord. 6308 § 1,
2010; Ord. 6199 § 2, 2008; Ord. 6197 § 2, 2008; Ord. 6178 § 1, 2008; Ord. 6089 § 2,
2007; Ord. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1,
2001.)
19.04.080 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest in
order to obtain a building permit. Appeals regarding the impact fees imposed on any
development activity may only be made by the feepayer of the property where such
development activity will occur. No appeal submitted under protest shall be permitted
unless and until the impact fees at issue have been paid. Alternatively, any feepayer
may appeal the impact fees determined by the director without first paying the fees,
Page 106 of 149
providing the applicant is willing to provide a satisfactory security of the appealed fee
amount in accordance with the requirements of ACC 17.14.010(A) prior to issuance of
the building permit. Alternatively, any feepayer may appeal the impact fees determined
by the public works director without first paying the fees, providing the applicant is
willing to postpone issuance of the building permit until after the appeal process when
the revised final fee is known.
B. 1) Appeals of the public works director’s decisions determinations under made
pursuant to this chapter shall be filed with the city’s public works department and shall
be heard by the city’s hearing examiner pursuant to Chapter 2.46 ACC. Determinations
on Aappeals to the hearing examiner shall be based on whether the decision being
appealed was consistent with applicable state law and city codes. 2) The hearing
examiner’s determination shall be final unless appealed to the superior court for of the
county in which the property subject to of the transportation impact fees is located.
Appeals to superior court shall comply with within the city of Auburn in accordance with
the procedures in RCW 34.05.510 through 34.05.598, and shall be with the appeal
being filed with the city clerk within 30 days after issuance of the hearing examiner’s
determination.decision of the hearing examiner. (Ord. 6341 § 3, 2011; Ord. 6182 § 5,
2008; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.090 Establishment of an impact fee account for transportation.
A. Impact fee receipts shall be earmarked specifically and deposited in special
interest-bearing accounts. The fees received shall be prudently invested in a manner
consistent with the investment policies of the city.
AB. There is hereby established a separate transportation impact account impact fee
account for the fees collected pursuant to this chapter. : the transportation impact
account. Impact fee receipts shall be earmarked specifically and deposited in this
account. The fees received shall be prudently invested in a manner consistent with the
investment policies of the city. Funds withdrawn from this account must be used in
accordance with the provisions of ACC 19.04.110. Interest earned on the fees shall be
retained in the account and expended for the purposes for which the impact fees were
collected.
BC. On an annual basis, tThe financial director shall provide an annual report to the
council on the transportation impact account showing the source and amount of all
moneys collected, earned, or received, and the transportation improvements that were
financed in whole or in part by impact fees.
D. Impact fees shall be expended or encumbered within ten (10) six years of receipt,
unless the council identifies in written findings extraordinary and compelling reason or
reasons for the delay.
E. In order to comply with RCW 82.02.060(2), impact fees for development activity in
the downtown plan area shall be paid for with public funds other than from impact fee
Page 107 of 149
accounts during the exemption period set forth in ACC 19.04.070 (A)(8). (Ord. 6341 § 3,
2011; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.)
19.04.100 Refunds.
A. If the city fails to expend or encumber the impact fees paid by a property owner
under this chapter within six ten (10) years of paymentwhen the fees were paid, or
within such other time periods pursuant to ACC 19.04.090 where extraordinary or
compelling reasons exist, such other time periods as established pursuant to ACC
19.04.090, the current owner of the property for on which the impact fees were have
been paid may receive a refund of suctheh fees. In determining whether impact fees
have been expended or encumbered, Iimpact fees shall be considered expended or
encumbered on a first-in, first-out basis, unless ; provided, that any party that voluntarily
elects to use the alternative fee payment method specified in ACC 19.04.040. If
electing the alternative fee payment method, the party shall waive any right to recover
transportation fees not expended or encumbered within the above time frames. sign as
a condition of use of the alternative fee payment method a waiver of right on a form
prepared and provided by the city to recovery of transportation impact fees not spent
within the statutory six-year timeframe.
B. The city shall notify potential refund claimants by first class mail deposited with the
United States Postal Service at the last known address of such claimants. A potential
claimant or claimant must be the owner of the property.
C. Owners seeking a refund of impact fees must submit a written request for a refund
of the fees to the director within one year of the date the right to claim the refund arises
or the date that notice is given, whichever is later.
D. Any impact fees for which no application for a refund has been made within this
one-year period shall be retained by the city and expended on appropriate
transportation system improvements.
E. Refunds of impact fees under this section shall include any interest earned on the
impact fees by the city.
F. If and when the city seeks to terminate any or all components of the transportation
impact fee program, all unexpended or unencumbered funds from any terminated
component or components, including interest earned, shall be refunded pursuant to th is
section. If Upon the finding that any or all fee requirements are to be terminated, the city
shall place notice of such termination and the availability of refunds in a newspaper of
general circulation at least two times and shall notify all potential c laimants by first class
mail to their last known address of the claimants. All funds available for refund shall be
retained for a period of one year. At the end of one year, any remaining funds shall be
retained by the city, but must be expended for appropriate transportation system
improvements. This notice requirement shall not apply if there are no unexpended or
unencumbered balances within an account or accounts being terminated.
Page 108 of 149
G. The city shall also refund to the developer of property for which imp act fees have
been paid all impact fees paid, including interest earned on the impact fees, if the
development activity for which the impact fees were imposed did not occur. (Ord. 6341
§ 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.110 Use of funds.
A. Pursuant to this chapter, transportation impact fees:
1. Shall be used for transportation improvements that will reasonably benefit the
new development; and
2. Shall not be imposed to make up for deficiencies in transportati on facilities
serving existing developments; and
3. Shall not be used for maintenance or operations.
B. As a general guideline, transportation impact fees may be used for any
transportation improvements which could otherwise be funded by a bond issue o f the
city.
C. Transportation impact fees may be spent for transportation improvements, including
but not limited to planning, land acquisition, right -of-way acquisition, site improvements,
necessary off-site improvements including mitigation, construction, engineering,
architectural, permitting, financing, and administrative expenses, applicable impact fees
or mitigation costs, and any other expenses which can be capitalized.
D. Impact fees may be used to recoup transportation improvement costs previou sly
incurred by the city to the extent that new growth and development will be served by the
previously constructed improvements or incurred costs.
E. In the event that bonds or similar debt instruments are or have been issued for the
advanced provision of transportation improvements for which impact fees may be
expended, impact fees may be used to pay debt service on such bonds or similar debt
instruments to the extent that the facilities or improvements provided are consistent with
the requirements of this section and are used to serve the new development. (Ord. 6341
§ 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.120 Review and update of impact fees.
A. The fee rate schedules set forth in the fee schedule of the city of Auburn shall be
reviewed periodically by the council.
B. The fee schedules set forth in the fee schedule of the city of Auburn shall be
reviewed by the council as it may deem necessary and appropriate in conjunction with
the annual update of the capital facilities plan element of the city’s comprehensive plan.
(Ord. 6341 § 3, 2011; Ord. 6050 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
Page 109 of 149
19.04.130 Miscellaneous provisions.
A. Existing Authority Unimpaired. Nothing in this chapter shall preclude the city from
requiring the feepayer or the proponent of a development activity to mitigate adverse
environmental impacts of a specific development pursuant to the State Environmental
Policy Act, Chapter 43.21C RCW, based on the environmental documents
accompanying the underlying development approval process, and/or Chapter 58.17
RCW, governing plats and subdivisions; provided, that the exercise of this authority is
consistent with the provisions of RCW 82.02.050(1)(c).
B. Captions. The chapter and section captions used in this chapter are for
convenience only and shall not control or affect the meaning or construction of any of
the provisions of this chapter.
C. Severability. If any portion of this chapter is found to be invalid or unenforceable for
any reason, such finding shall not affect the validity or enforceability of any other section
of this chapter.
D. Short Title. This chapter shall be known and may be cited as the “The City of
Auburn Transportation Impact Fee Ordinance.” (Ord. 6341 § 3, 2011; Ord. 5763 § 1,
2003; Ord. 5506 § 1, 2001.)
Page 110 of 149
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Printed On 03/05/09
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.
0 140 280 420 560 700
FEETAuburn City Limits
Parcels
Potential Annexation Areas
Water Features
RR Residential District
R1/LHR1 Single-Family Residential District
R2/LHR2 Single-Family Residential District
C1/LHC1 Light Commercial District
P1/LHP1 Public Use District
PUD Planned Unit Development
Lakeland Hills South PUD
TV Terrace View
Map ID: 3240
Page 112 of 149
The proposed 2021 fee per
trip for Auburn is $4,894
2019-2020
Page 113 of 149
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6795 (Gaub)(10 Minutes)
Date:
October 7, 2020
Department:
Public Works
Attachments:
Ordinance No. 6795
Exhibit A
Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
Chapter 12.60 of the Auburn City Code (ACC Chapter 12.60 ACC) establishes the rules and
regulations for controlling and enforcing right-of-way uses of the City Right-of-Way to assure
that proposed uses are consistent with public health, safety, and welfare of the community,
and that any harm or nuisance which may result from a proposed use is prevented. Changes
are being proposed to the City fee schedule and permit structure that promote equity and
economic prosperity while also supporting City cost recovery goals. Revisions are needed to
ACC Chapter 12.60 ACC to support the proposed changes to the fee schedule for 2021 and
permit structure for right-of-way use permits. Additional revisions are needed to ACC Chapter
12.60 ACC to address current permitting practices and to modernize portions of the code.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:October 12, 2020 Item Number:
Page 114 of 149
--------------------------------
Ordinance No. 6795
DATE
Page 1 of 2 Rev. 2020
ORDINANCE NO. 6795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 12.60 OF
THE AUBURN CITY CODE RELATING TO RIGHT-OF-WAY
PERMITS
WHEREAS, Chapter 12.60 of the Auburn City Code (Chapter 12.60 ACC)
establishes the rules and regulations for controlling and enforcing uses of the City Right-
of-Way to assure that proposed uses are consistent with public health, safety, and welfare
of the community, and that any harm or nuisance which may result from a proposed use
is prevented; and
WHERAS, changes are being proposed to the City fee schedule and permit
structure that promote equity and economic prosperity while also supporting City cost
recovery goals; and
WHEREAS, revisions are needed to Chapter 12.60 ACC to support the proposed
changes to the fee schedule for 2021 and permit structure for Right-of-Way permits; and
WHEREAS, additional revisions are needed to Chapter 12.60 ACC to address
current permitting practices and to modernize portions of the code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 12.60 of the Auburn City Code
is amended to read as shown on Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 115 of 149
--------------------------------
Ordinance No. 6795
DATE
Page 2 of 2 Rev. 2020
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force on
January 1st, 2021.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 116 of 149
Ordinance 6795 - Exhibit A Page 1 of 8
Chapter 12.60
RIGHT-OF-WAY PERMITS
12.60.010 Purpose – Permit required.
The purpose of this chapter is to establish minimum rules and regulations for controlling and enforcing right-
of-way uses to assure that proposed uses are consistent with public health, safety, and welfare of the
community, and that any harm or nuisance which may result from a proposed use is prevented.
It shall be unlawful for anyone to make private use of any public right-of-way without a right-of-way use
permit issued by the city, or to use any public right-of-way without complying with all provisions of a permit
issued by the city, unless such private use falls within the designated exceptions set forth in this chapter. (Ord.
6125 § 1, 2007; Ord. 5784 § 1, 2003; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998; Ord. 4767 § 1, 1995; Ord. 3351 § 2,
1978.)
12.60.015 Definitions.
The following words and phrases, wherever used in this chapter, shall have the meanings ascribed to them in
this section except where otherwise defined or unless the context shall clearly indicate to the contrary.
A. “Abutting property” means and includes property bordering upon and contiguous to a right-of-way.
B. “Applicant” means any person, company, corporation, enterprise, or entity applying for the issuance or
renewal of a right-of-way use permit or any person, company, corporation, enterprise, or entity that has been
issued a right-of-way use permit.
C. “Application” means, for the purposes of this chapter, the collection of papers necessary to initiate a right-
of-way use permit request, and shall include an application in the form approved by the city, and other
submittals consistent with the purposes of this chapter.
D. “Banner” means any pliable canvas, cloth, or synthetic sign material or holiday or festival decor such as
garland or similar decor stretched over or across any right-of-way.
E. “Community event or special event” means an event of a public nature sponsored or co-sponsored by the
city of Auburn for the purpose of celebrating a particular holiday, festival, or other traditional commemoration,
and may include carnivals, fairs, festivals, parades, or other similar short-term uses of rights-of-way.
Page 117 of 149
Ordinance 6795 - Exhibit A Page 2 of 8
F. “Co-sponsored by the city of Auburn” means the city is joining – is willing to join – as an applicant;
provided, however, the primary sponsor is still responsible for all right-of-way use permit paperwork, liability,
and fees.
G. “Private use” means use of the public right-of-way for the benefit of a person, partnership, group,
organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or
equestrians.
H. “Right-of-way” means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks,
landscape (parking) strips, squares, triangles, and other rights-of-way open to the use of the public, and the
space above or beneath the surface of same. This definition specifically does not include streets, alleys, ways,
landscape strips, and sidewalks which have not been deeded, dedicated, or otherwise permanently appropriated
to the city for public use.
I. “Sidewalk cafe” means a portion of a public right-of-way sidewalk on which tables and chairs are placed
for the use of patrons while consuming food and/or beverages served by a cafe or restaurant on abutting
property.
J. “Sidewalk display” means a display of goods and wares on a public right-of-waysidewalk for retail sale to
the public by the owner or manager of a business upon abutting property, which products are being offered for
sale inside the business.
K. “Sidewalk vending unit or vending unit” means a movable cart or similar device that is operated from a
fixed location on a public right-of-way from which food, beverages (excluding alcohol), flowers, plants, and/or
merchandise are provided to the public with or without charge. The provisions of this chapter shall not apply to
mobile caterers, generally defined as person(s) engaged in the business of transporting food and beverages in
motor vehicles to residential, business, and industrial establishments pursuant to prearranged schedules, and
dispensing items from the vehicles for retail sale to the personnel of such establishments.
L. “Vending” means the commercial sale of food, beverages (excluding alcohol), flowers, plants, and/or
merchandise only from a sidewalk vending unit upon public right-of-ways of the city of Auburn. “Vending”
does not include alcohol as defined in RCW 66.04.010, tobacco, firearms, munitions, or any article which a
minor is prohibited by law from purchasing, or any materials restricted by the fire code from direct access or
handling by the public. (Ord. 6125 § 1, 2007.)
12.60.020 Right-of-way use permit application process and fee.
A. The city engineer or designee, herein referred to as “the city,” shall establish policies and procedures to
administer the permit program.
Page 118 of 149
Ordinance 6795 - Exhibit A Page 3 of 8
B. Applicants shall submit a complete application form to the city requesting the use of a specific location of
right-of-way for a specific period of time. In addition to the information required in the application, the
applicant may be required to submit , in addition to the application form, any documents the city deems
necessary to perform an accurate evaluation of the right-of-way use permit application.
C. Decisions regarding issuance, renewal, denial, or termination of any such permits shall be subject to
insurance requirements, bond requirements, indemnification and hold harmless agreements, the capacity of the
rights-of-way to accommodate the applicant’s proposed facilities or use, evaluation of competing public
interest, and other administrative details determined and administered by the city.
D. As part of a complete right-of-way use permit application, the applicant shall submit to the city right-of-
way use permit fees, including a non-refundable application fee, as set forth in the city of Auburn fee schedule,
at the time of application. ; provided, however, bona fide governmental agencies of the federal government or
the state of Washington or subdivisions thereof shall be exempt from payment of said fee. Type D hauling
Ppermits maywill require additional fees, depending on the proposed use, to be paid, per the city of Auburn fee
schedule, before the permit can be issued. All fees are non-refundable.
E. If insurance is required as a condition of approval, the insurance guidelines in 12.66 ACCcity policy shall
apply unless otherwise established by the city.
F. Applications that include parking, road, or sidewalk impacts, that, as determined by the City Engineer,
require a parking plan, traffic control plan, or pedestrian detour plan, require an additional application fee per
the city of Auburn fee schedule.
G. If the applicant does not take action in good faith, the application will be considered abandoned after 180
days of non-action.
HF. Conditions of approval will be identified during the city’s review of the application and may include a
certificate of insurance, indemnification and hold harmless agreement, traffic control plan, performance bond,
time and use restrictions, video data, status reports, restoration of disturbed right-of-way features, contract for a
uniformed police officer to provide required traffic control, other city permits such as building permits, or any
other requirements the city deems necessary to protect the right-of-way and public health, safety, and welfare.
(Ord. 6125 § 1, 2007; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998; Ord. 5005 § 2, 1997; Ord. 4767 § 1, 1995; Ord. 4239
§ 1, 1987; Ord. 3351 § 3, 1978.)
12.60.025 Right-of-way use permit types.
There are four types of right-of-way use permits.
A. Type A is a short-term permit for 14 days or less, which allows the applicant to display a banner at a
specific location as described in ACC 12.60.030.
Page 119 of 149
Ordinance 6795 - Exhibit A Page 4 of 8
B. Type B is a short-term permit for uses of less than 30 days as described in ACC 12.60.040.
C. Type C is a long-term permit for uses of 30 days to five years as described in ACC 12.60.050.
D. Type D is used for hauling or moving loads on city rights-of-way, as described in ACC 12.60.060, and can
be short-term, less than 30 days, or long-term, 30 days to five years. (Ord. 6125 § 1, 2007.)
12.60.030 Type A street banner permit.
A. Other than where the city itself places a banner across a right-of-way, only organizations co-sponsoring
community events or special events with the city may be entitled to apply for a right-of-way use permit for a
banner; provided, that the co-sponsor shall meet all of the following criteria:
1. An Auburn-based organization;
2. Nonpolitical in nature;
3. A nonprofit organization (having obtained IRS certification as tax exempt under 26 U.S.C.
501(CC)(3)) or government entity;
4. An organization that does not discriminate in regard to race, ethnicity, religion, color, gender, sexual
orientation, national origin, creed, age, marital status, veteran status, disability status, or any other basis
prohibited by federal, state, or local law.
B. Qualified applicants may display temporary banner signs. These signs shall not advertise or promote the
sale of any product, commodity, or service for which a person pays a fee except a nonprofit community event.
C. In the event that there is a competing interest of qualified applicants for such a right-of-way use permit for
a banner, the city shall give priority to community events. For organizations not advertising a community
event, each qualified applicant may display banners for a maximum of two seven-day periods within any
calendar year. In the event of a schedule conflict between a community event and another application, the
community event shall take precedence.
D. Banners shall conform to the city’s standard detail for banners and shall be erected by the city on city-
approved support standards at a city-designated location. (Ord. 6125 § 1, 2007; Ord. 5784 § 2, 2003; Ord. 5298 § 1,
1999; Ord. 5042 § 1 (Exh. D), 1998; Ord. 4767 § 1, 1995; Ord. 4106 § 1, 1986.)
12.60.040 Type B short-term permit.
A. Type B is a short-term permit for uses of less than 30 days.
Page 120 of 149
Ordinance 6795 - Exhibit A Page 5 of 8
B. Type B permit uses include, but are not limited to, right-of-way closures for sidewalk sales, rallies, block
parties, or other similar events and placement of storage containers or dumpsters in the right-of-way when not
otherwise authorized as part of a permitted construction activity.
C. In the event a Type B permit involves a street, sidewalk, or parking closure, additional fees are required
per the city of Auburn fee schedule.
CD. Issuance of right-of-way use permits that involve downtown, community impacts, full street closures, or
uses with policy implications shall require approval of the city engineer.
DE. Applicant shall be an individual or organization that does not discriminate in regard to race, ethnicity,
religion, color, gender, sexual orientation, national origin, creed, age, marital status, veteran status, disability
status, or any other basis prohibited by federal, state, or local law. (Ord. 6532 § 17, 2014; Ord. 6125 § 1, 2007; Ord.
5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998.)
12.60.050 Type C long-term permit.
A. Type C is a long-term permit for uses of 30 days to five years.
B. Type C permit uses include, but are not limited to, installation of groundwater monitoring wells,
landscaping, fences, awnings, canopies, balconies, underground storage tanks, bus shelters, underground or
overhead facilities such as fiber optic cables or utility vaults except when a franchise or public way agreement
applies, use of the right-of-way to paint or repair a building or to stage for construction unless provided for in a
construction or development permit, sidewalk cafes and other outdoor seating, and sidewalk vending units.
C. In the event a Type C permit involves a street, sidewalk, or parking closure, additional fees are required
per the city of Auburn fee schedule.
CD. Issuance of right-of-way use permits that involve downtown, community impacts, full street closures, or
uses with policy implications shall require approval of the city engineer.
D. For the purpose of determining permit fees, Type C permits are categorized as either surface
encroachments or non-surface encroachments. Surface encroachments are uses occupying any portion of the
right-of-way from ground level to 7-feet 5-inches above ground level, regardless if a portion of the utilized
right-of-way is above or below this range. Non-surface encroachments are uses that do not occupy any portion
of the area defined as a surface encroachment.
E. Applicant shall be an individual or organization that does not discriminate in regard to race, ethnicity,
religion, color, gender, sexual orientation, national origin, creed, age, marital status, veteran status, disability
status, or any other basis prohibited by federal, state, or local law. (Ord. 6532 § 18, 2014; Ord. 6125 § 1, 2007.)
Page 121 of 149
Ordinance 6795 - Exhibit A Page 6 of 8
12.60.060 Type D hauling permit.
A. The city requires any person, company, corporation, enterprise or entity operating a vehicle over the
state’s legal load or size limit on the public rights-of-way to obtain a permit for overweight or oversize hauling.
The permit shall mitigate impacts to said rights-of-way by addressing public safety, environmental, traffic,
noise, unusual wear and tear, or other impacts to the rights-of-way.
B. The city, with respect to rights-of-way within the city’s jurisdiction, may restrict or prohibit the operation
thereon of trucks or any other vehicles, except school buses, public transit and emergency vehicles, or may
impose weight limits, determine haul routes for local trips, or place any other restrictions as may be deemed
necessary, including when the city determines that any right-of-way would be seriously damaged or destroyed
by climatic conditions, deficient structural integrity, or any other conditions if unrestricted use is continued.
In the event the city determines the project, program, or activity for which the person, company, corporation,
enterprise or entity is using said rights-of-way will create unusual wear and tear on the right-of-way, or
significant impacts to public safety, the environment, traffic, and noise, and for all projects that require
mitigation of hauling and related impacts within the city, the person, company, corporation, enterprise or entity
using the right-of-way may request a right-of-way use permit, which identifies the specific restrictions,
prohibitions, and conditions of use. In addition to the potential conditions listed in ACC 12.60.020(F), said
permit may include conditions for mitigation necessitated by the impacts of the project, program, or activity,
which shall include, but not be limited to, any mitigation set out in the contract or bid documents, or other
review documents, or as may be otherwise required for said project, program, or activity.
C. The city shall not, however, prohibit the use of any city street designated a part of the route of any primary
state highway through any such incorporated city or town by vehicles or any class of vehicles or impose any
restrictions or reductions in permissible weights unless such restriction, limitation, or prohibition, or reduction
in permissible weights be first approved in writing by the department of transportation (RCW 46.44.080). (Ord.
6125 § 1, 2007.)
12.60.070 Right-of-way use permit term, extension, renewal and termination.
A. No permit term shall exceed five years unless it has been approved by the full council.
B. The city has authority to grant a single 30-day extension to the applicant upon receipt of a written request,
absent any known reasons for denial. Extensions of right-of-way use permits that involve downtown,
community impacts, full street closures, or uses with policy or broad citywide implications shall require
approval of the city engineer and may require additional fees.
C. Once a permit has expired or been revoked, the permit is not eligible for renewal and the applicant must
apply for a new permit if continued use of the right-of-way is desired. Only Type C permits may be renewed.
Permit renewal requires a new, complete application as determined by the city to be submitted; however, if the
Page 122 of 149
Ordinance 6795 - Exhibit A Page 7 of 8
complete application is submitted to the city prior to the permit expiration, the application fee will be waived.
No permit shall be automatically renewed.
D. All right-of-way use permits are wholly of a temporary nature, and vest no permanent rights whatsoever.
E. Right-of-way use permits are approved for the location and applicant listed on the permit and cannot be
transferred for another location or for another applicant unless first approved by the city.
F. The city shall have the authority to restrict, suspend, or revoke a permit upon 30 days’ notice; provided,
however, the city shall have the authority to immediately suspend or revoke a permit without such notice in
situations that present, in the city’s determination, a health or safety hazard or constitute a public nuisance. The
grounds for restricting, suspending, or revoking a right-of-way use permit shall include, but not be limited to:
1. Any other license or permit that the applicant is required to have for the same use as the right-of-way
use permit is not acquired or is suspended, revoked, or canceled.
2. The applicant has violated or failed to meet any of the provisions of this chapter or is in violation of
any other ordinances or regulations of the city relating to the use by the applicant for which the permit is
applied for or issued.
3. The applicant has failed to meet the conditions of the permit.
4. The use for which the permit was approved has changed.
5. The permit was procured by fraud or misrepresentation of fact or was issued in error or on the basis of
incorrect information supplied to the city.
6. The abutting property owner or legal representative withdraws consent in writing for a sidewalk
vending unit. (Ord. 6532 § 19, 2014; Ord. 6125 § 1, 2007.)
12.60.080 Correction and discontinuance of unsafe, nonconforming, noncompliant or
unauthorized conditions.
A. Whenever the city determines that any condition on any right-of-way is in violation of, or any right-of-way
is being used contrary to, any provision of this code or procedures adopted hereunder or other applicable codes
or standards, or without a right-of-way use permit, the city may order the correction or discontinuance of such
condition or any activity causing such condition.
B. The city is authorized to order correction or discontinuance of any such condition or activities following
the methods specified in procedures adopted pursuant to this code.
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Ordinance 6795 - Exhibit A Page 8 of 8
C. The city shall also have all powers and remedies which may be available under state law, this code, and
procedures adopted hereunder for securing the correction or discontinuance of any condition specified in this
section.
D. The city is authorized to use any or all of the following methods in ordering correction or discontinuance
of any such conditions or activities as the city determines appropriate:
1. Serving of oral or written directives to the permittee or other responsible person requesting immediate
correction or discontinuance of the specified condition;
2. Serving of a written notice of violation, ordering correction or discontinuance of a specific condition
or activity within 10 days of notice, or such other reasonable period as the city may determine;
3. In the event the permittee fails to correct or discontinue the condition or activity within the specified
period of time after receiving notice, the city shall have the authority to remove the structure and the cost
of removal shall become a lien against the private property adjoining the right-of-way where the structure
was removed; provided, that private property is owned by the permittee. The lien so created shall be
subject to foreclosure pursuant to the foreclosure laws of the state;
4. Revocation of previously granted permits where the permittee or other responsible person has failed
or refused to comply with requirements imposed by the city related to such permits;
5. Issuance of an order to immediately stop work until authorization is received from the city to proceed
with such work;
6. Any object or thing which shall occupy any right-of-way without a permit is declared a nuisance. The
city may attach a notice to any such object stating that if it is not removed from the right-of-way within 24
hours of the date and time stated on the notice, the object or thing may be taken into custody and stored at
the owner’s expense. The notice shall provide an address and phone number where additional information
may be obtained. If the object is a hazard to public safety, it may be removed summarily by the city.
Notice of such removal shall be thereafter given to the owner, if known. This section does not apply to
motor vehicles;
7. All expenses incurred by the city in abating the condition or any portion thereof shall constitute a civil
debt owing to the city jointly and severally by such persons who have been given notice or who own the
object or placed it in the right-of-way, which debt shall be collectible in the same manner as any other
civil debt;
8. The city shall also have all powers and remedies which may be available under law, this code and
procedures adopted hereunder for securing the correction or discontinuance of any conditions specified by
the city. (Ord. 6125 § 1, 2007.)
Page 124 of 149
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S TA I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
ENGINEERING SERVICES
ORDINANCE 6795 –
ROW USE PERMITS CODE
UPDATE
JACOB SWEETING, CITY ENGINEER
CITY COUNCIL STUDY SESSION
OCTOBER 12, 2020
Public Works Department
Engineering Services Airport Services Maintenance & Operations Services
Page 125 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Chapter 12.60 of the Auburn City Code (ACC Chapter 12.60 ACC)
establishes the rules and regulations for controlling and enforcing right-of-
way uses of the City Right-of-Way
Changes are being proposed to the City fee schedule and permit structure
Revisions are needed to ACC Chapter 12.60 ACC to support the proposed
changes
Additional revisions are needed to ACC Chapter 12.60 ACC to address and
improve current permitting practices and to modernize portions of the
code.
ORDINANCE 6795 – CODE REVISIONS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 126 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Type A – Banner
ROW USE PERMIT - CURRENT STRUCTURE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Type B – Short Term Type C – Long Term
Type D – Hauling Permit
Full permit fee due with application (no application fee)
Additional fee for street, parking, and sidewalk closures
Page 127 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
ROW USE PERMIT - PROPOSED STRUCTURE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Type C – Long Term
Surface Encroachment Non-Surface Encroachment
•Application fee due with application
•Permit fee due upon approval prior to permit issuance.
•Additional fee for review of street, parking and sidewalk closure plans.
Page 128 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
ROW USE PERMIT – PROPOSED FEES
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2020 Fee Proposed 2021
Application Fee
Proposed 2021
Permit Fee
Type A – Banner (Permit and Application Fee) $56.00 $60.00 Incl. w/App Fee
Type B – Short Term (Permit and Application Fee) $66.00 $60.00 Incl. w/App Fee
Type C – Long Term
(Non-Surface Encroachment)
$275.00 for 1st
year, $110.00
each add. year
$250.00 $60.00 per year
Type C – Long Term
(Surface Encroachment)
$275.00 for 1st
year, $110.00
each add. year
$250.00 $120.00 per year
Type D – Haul Permit $110.00 + Field
Staff Support
Time If Needed
$117.00 Field Staff
Support Time If
Needed
Street, Sidewalk, Parking Closure – Plan Review $66.00 $106.00 N/A
Page 129 of 149
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Proposed Schedule:
Ordinance 6795 at Council – October 19, 2020
Cost Recovery Discussion –October 26, 2020
Fee Schedule Adoption – November 2, 2020
Questions?
NEXT STEPS/QUESTIONS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 130 of 149
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5554 (Gaub)(10 Minutes)
Date:
October 6, 2020
Department:
Public Works
Attachments:
Res olution No. 5554 with Exhibit A
MOU, Auburn Way South City Projects
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
Staff will provide background and discussion regarding Resolution 5554 that authorizes the
Mayor to enter into a partnership with the Muckleshoot Indian Tribe (MIT) for the purposes of
implementing non-motorized improvements on, and along, SR 164. The resolution authorizes
execution of a memorandum of understanding (MOU) with MIT and subsequent funding
agreements with MIT in accordance with the MOU and as authorized by ACC 3.10.010.
The MOU provides the framework for MIT to provide funding and support for City projects on,
and adjacent to, Auburn Way South. The first project anticipated to be pursued under the
MOU is the Riverwalk Drive Sidewalk Project which is Project N-9 in the City’s adopted
transportation improvement plan (TIP). This project would construct sidewalks on the east
side of Riverwalk Drive from Howard Road to Auburn Way South and also install an enhanced
pedestrian crossing at Howard Road. Other City projects that could receive funding and
support include filling the gap in sidewalks on the south side of Auburn Way South from the R
Street Bridge to the Muckleshoot Plaza (TIP Project N-7) and the Auburn Way South widening
project from Hemlock Drive to Poplar Street SE (TIP Project R-6). The MOU also provides
the framework for the City to provide support for projects pursued by MIT, including a trail
project that would construct non-motorized connections on, and along, SR 164 from the MIT
center at SE 392nd to Poplar Street SE. The MIT trail project would likely be implemented in
several phases starting from the Tribal center and then expanding west.
Resolution 5554 is scheduled to be considered at the October 19th City Council meeting.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:October 12, 2020 Item Number:
Page 131 of 149
Page 132 of 149
-----------------------------
Resolution No. 5554
September 29, 2020
Page 1 of 3
RESOLUTION NO. 5554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AUBURN AND THE
MUCKLESHOOT INDIAN TRIBE TO ESTABLISH A
PARTNERSHIP FOR IMPLEMENTING NON-MOTORIZED
IMPROVEMENTS ON AND ADJACENT TO STATE ROUTE-
164
WHEREAS, the City’s 2015 Comprehensive Plan has adopted a policy to improve
the overall quality of life for Auburn residents through the design and construction of n on-
motorized facilities; and
WHEREAS, the Muckleshoot Indian Tribe (“MIT”) also values contributing to the
quality of life of its members, neighbors, and partners in the City; and
WHEREAS, a trails and sidewalk system will provide safe and effective non-
motorized transportation facilities on, along, and adjacent to SR-164, improving the
quality of life and public safety for both MIT and the residents of the City; and
WHEREAS, cooperation and partnership between the MIT and the City on projects
that provide safe and effective non-motorized facilities on, along, and adjacent to SR-164
(Projects) is needed to provide funding for the Projects; and
WHEREAS, cooperation and partnership between the MIT and the City on Projects
will help provide a sidewalk and trail system that meets the needs of MIT and the City;
and
WHEREAS, the MIT and City are willing to commit funding and staff resources to
the Projects as approved through the inclusion of the Projects in the respective MIT and
City budgets; and
Page 133 of 149
-----------------------------
Resolution No. 5554
September 29, 2020
Page 2 of 3
WHEREAS, the MIT and the City are authorized to enter into this MOU and
subsequent agreements under RCW 39.34.030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Memorandum of
Understanding (MOU) with the Muckleshoot Indian Tribe related to forming a partnership
for implementing projects the improve non-motorized transportation on, and adjacent to,
SR-164, which MOU will be in substantial conformity with the MOU attached as Exhibit
A.
Section 2. The Mayor is authorized to execute funding agreements with the
Muckleshoot Indian Tribe in the general form of the agreement included as Exhibit A in
the MOU for projects that support the intent of the MOU and for which the Mayor has the
authority to enter into agreements per ACC 3.10.010.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directions of this Resolution.
//
//
//
Page 134 of 149
-----------------------------
Resolution No. 5554
September 29, 2020
Page 3 of 3
Section 3. This Resolution will take effect and be in full force upon passage and
signatures.
Signed .
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 135 of 149
MIT and City MOU
SR-164 Trails and Sidewalks
Page 1 of 2
MEMORANDUM OF UNDERSTANDING BETWEEN THE MUCKLESHOOT
INDIAN TRIBE AND THE
CITY OF AUBURN ESTABLISHING A PARTNERSHIP FOR MAKING NON-
MOTORIZED IMPROVEMENTS ON AND ALONG SR-164
1. Parties
This memorandum of understanding (“MOU”) is made and entered between the
CITY OF AUBURN, (the "City”) and the MUCKLESHOOT INDIAN TRIBE OF
WASHINGTON (“MIT”) (collectively, the "Parties" and individually, "Party”).
2. Background
On Thursday, December 5th 2019, City and MIT elected officials and staff met to
discuss various topics including the need for non-motorized improvements on,
and along SR-164. The City presented a brief history and summary of accidents
along SR-164 involving pedestrians and bicyclists. The Parties expressed a shared
interest in working together to develop, fund, and construct improvements that
would help make the areas on, and along SR-164 more safe for non-motorized
travel. On December 16th, 2019, City and MIT staff met to discuss needs for
projects to improve non-motorized travel and how these projects could be
developed, prioritized, and funded. The Parties agreed that a Memorandum of
Understanding could be developed to serve as a guideline for how the Parties
would work together to make non-motorized improvements on, and along, SR-
164.
3. Purpose
The goal of the MOU is to establish a working partnership that fosters
collaboration between the Parties to achieve the Parties’ common aim to make
improvements that support non-motorized travel on, and along SR-164 between
M Street SE in Auburn and SE 400th Street in Unincorporated King County.
4. Project Workgroup
This MOU establishes a working group consisting of City and MIT staff that will
meet on at least a quarterly basis to discuss non-motorized needs on , and along
SR-164, potential projects to meet those needs, prioritization of those projects,
potential funding mechanisms and opportunities for the projects, and a plan for
implementing the projects. The workgroup will summarize its discussions to the
City and Tribal Councils at least once per year. The workgroup will prepare
project specific agreements between the Parties as needed to establish project
funding terms and present the agreements to the City and Tribal Councils for
review, discussion, and approval. The Parties anticipate that some projects will be
funded by both Parties and some projects will be funded by only the City or only
MIT. The workgroup will facilitate the preparation and submittal of joint grant
applications on behalf of the Parties for projects. The workgroup will facilitate the
Exhibit A
Page 136 of 149
MIT and City MOU
SR-164 Trails and Sidewalks
Page 2 of 2
preparation of support letters from the Parties as needed to support grant
applications for projects.
5. Funding Agreements
Agreements to provide funding for projects will be in the general form of the
attached Exhibit A.
6. Support Letters
Support letters for project grant applications will be in the general form of the
attached Exhibit B.
IN WITNESS TO THE TERMS OF THIS MOU, the parties have agreed to this MOU:
MUCKLESHOOT INDIAN TRIBE CITY OF AUBURN
___________________________ ___________________________
Chairperson Nancy Backus, Mayor
Muckleshoot Tribal Council
Date: ________________ Date: ________________
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Date: ___________________
Exhibit A
Page 137 of 149
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 1 of 9
EXHIBIT A
INTERLOCAL AGREEMENT BETWEEN THE MUCKLESHOOT INDIAN TRIBE
AND THE
CITY OF AUBURN FOR SIDEWALKS AND TRAILS ON AND ALONG SR-164
This Interlocal Agreement (“Agreement”) is made and entered between the CITY
OF AUBURN, (the "City”) and the MUCKLESHOOT INDIAN TRIBE OF
WASHINGTON (“MIT”) (collectively, the "Parties" and individually, "Party”).
RECITALS
1. The City’s 2015 Comprehensive Plan has adopted a policy to improve the overall
quality of life for Auburn residents through the design and construction of non-motorized
facilities.
2. The MIT values contributing to the quality of life of its citizens and neighbors.
3. A trails and sidewalk system that would provide safe and effective non-motorized
transportation facilities on, along, and adjacent to SR-164, improves the quality of life
and public safety for both MIT and the residents of the City.
4. Cooperation and partnership between the MIT and the City on projects that
provide safe and effective non-motorized facilities on, along, and adjacent to SR-164
(Projects) is needed to provide funding for the Projects.
5. Cooperation and partnership between the MIT and the City on Projects will help
provide a sidewalk and trail system that meets the needs of MIT and the City.
6. The MIT and City are willing to commit funding and staff resources to the
Projects.
7. The MIT and the City are authorized to enter into this Agreement under RCW
39.34.030.
AGREEMENT
In consideration of the mutual covenants, conditions, and promises, contained in
this Agreement, the parties agree as follows:
1. SCOPE OF SERVICES.
The MIT and the City agree to jointly plan, design, and construct of the projects listed on
attached Attachment A to provide non-motorized facilities on, along, and adjacent to SR-
164. Changes or additions to the Projects require amendment to this agreement.
Exhibit A
Page 138 of 149
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 2 of 9
2. ROLES AND RESPONSIBILITIES
Roles and responsibilities for each project are as listed on Attachment A and as defined
below:
2.1 Lead: The lead agency shall be responsible for obtaining all necessary
permits and/or agreements and for accomplishing all aspects of the Scope of
Work set out in paragraph 1 above. The lead agency be the contracting agent
responsible for managing contracts with design and construction
professionals. The lead agency shall remain responsible for the proper design
of the project. The lead agency shall be responsible for the actual construction
of the project, and assuring that construction of the project is complete
pursuant to the contract terms and consistent with the terms of this
Agreement. The lead agency will provide the support agency with the
opportunity to review project plans and to provide comment on the project
design.
2.2 Support: The support agency will attend project meetings to provide input to
the lead agency regarding project design. The support agency shall have the
opportunity, but not the duty, to review project plans prior to the time that
such documents are considered final by the lead agency. The support agency
shall provide its comments, within thirty (30) calendar days of the date that
the documents are submitted to the support agency for review. The support
agency will provide support letter(s) to the lead agency to support the lead
agency’s efforts to secure grants and partnerships.
3 COST REIMBURSEMENT AND FUNDING
3.1. Project Costs and Responsibilities: The responsibility for paying all costs
associated with each Project shall be with the lead agency. Projects Costs
include, but are not limited to, the following: design engineering, right-of-way
acquisition, construction, permitting, inspection, contract administration
services, and other cost items agreed to by the parties. The support agency
agrees to provide funding or other support as specified on attached Attachment
A, provided that, such funding obligation shall be conditioned on the support
agency’s issuance of a final funding commitment letter approving the Project
design, and completion of the Project in substantial conformance with the
approved design.
3.2. Invoicing and Fund Distribution: Upon completion of the Work, the lead agency
shall submit one inclusive first and final itemized invoice to the support agency,
for the lead agency’s actual direct and related indirect costs incurred associated
with performance of the Project, up to the amount specified on Attachment A.
The support agency shall provide payment in full within sixty (60) calendar days
upon receipt of the itemized invoice.
Exhibit A
Page 139 of 149
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 3 of 9
4 INDEMNIFICATION
The Party acting as lead agency (“Lead Agency”) shall indemnify and hold the Party acting
as supporting agency (“Supporting Agency”)and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands,
suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or
nature, brought against the Supporting Agency arising out of, in connection with, or incident
to the Lead Agency’ss actions as the Lead Agency for its Project; provided, however, that if
such claims are caused by or result from the concurrent negligence of the Supporting
Agency, its agents, employees, and/or officers, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Lead Agency; and provided further,
that nothing shall require the Lead Agency to hold harmless or defend the Supporting
Agency, its agents, employees and/or officers from any claims arising from the sole
negligence of the Supporting Agency, its agents, employees, and/or officers. No liability
shall attach to the Parties by reason of entering into this Agreement except as expressly
provided.
Should a court of competent jurisdiction determine that RCW 4.24.115 applies to this
Agreement, then the Parties agree to defend, indemnify and hold each other their officers,
officials, employees and volunteers harmless to the maximum extent permitted
thereunder. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Parties’ waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
5 COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered in this Agreement.
6 ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
7 WAIVER OF SOVEREIGN IMMUNITY
Exhibit A
Page 140 of 149
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 4 of 9
MIT expressly, unequivocally, and irrevocably agrees to a limited waiver of sovereign
immunity. The waiver is limited: (1) to actions brought by the Parties to this Agreement
(City and MIT); (2) for breach, termination, enforcement of contract provisions,
interpretation, validity thereof, including the determination of the scope or applicability of
this Agreement and the performance of any duties or responsibilities performed under this
Agreement; (3) to the extent allowed by law, for actual damages, that is, each Party waives
the right to consequential or punitive damages; (4) to determine applicable laws; and, (5) to
all actions necessary to enforce judgments entered with respect to the enforcement of this
Agreement if not otherwise prohibited by law. This limited waiver is available solely to
claims by City, its employees, and agents, and not by any other entity, entities, or any
individual or third party, not a Party to this Agreement. Notwithstanding any other
provision in this Agreement, this limited waiver of sovereign immunity is limited to the
extent of MIT’s contributions, roles, responsibilities under this Agreement, performance of
duties including the plan, design, and construction of projects listed on Attachment A
whether by MIT, its employees, agents, to the extent of any applicable insurance coverage.
MIT consents to the jurisdiction of the Washington State Superior Court in the event that
either Party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this Agreement; the Parties further agree that any such action or
proceedings shall be brought in the superior court situated in King County, Washington.
MIT agrees that it will not raise sovereign immunity as a defense in any judicial action
brought by the City to enforce this provision or any term under this contract with respect to
claims within the scope of the limited waiver of sovereign immunity provided herein..
8 ATTORNEY’S FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially
prevail in such action, the losing party shall, in addition to all other payments required
therein, pay all of the prevailing party’s reasonable costs in connection with such action,
including such sums as the court or courts may adjudge reasonable as attorney’s fees in
trial court and in appellate courts.
9 OWNERSHIP AND USE OF DOCUMENTS.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
either party as part of its performance of this Agreement shall be owned by and become
the property of that party, and may be used by that party for any purpose.
10 RECORDS INSPECTION AND AUDIT.
Exhibit A
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Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 5 of 9
The MIT shall maintain books, records, documents, correspondence and other evidence
pertaining to the costs and expenses of the City Project (hereinafter referred to
collectively as “the records”), to the extent and in such detail as will properly reflect all
costs, direct and operating, of acquisition of real estate and of labor, materials,
equipment, supplies and services and other costs and expenses of whatever nature for
which reimbursement shall be provided by the City. The books and records required
under this Section shall be maintained in accordance with generally accepted accounting
standards. The MIT shall retain the records and make them available for audit for a
period of six (6) years after final payment is made by the City pertaining to the MIT
Project.
11 NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent
to the following respective addresses:
To the CITY: City of Auburn
Public Works Director
25 West Main Street
Auburn, WA 98001
253-931-3010
To the MIT: Muckleshoot Indian Tribe
39015 172nd Ave. S.E.
Auburn, WA 98092
253-xxx-xxxx
or to such other respective addresses as either party may from time to time designate in
writing. All notices and payments mailed by regular post (including first class) shall be
deemed to have been given on the second business day following the date of mailing, if
properly mailed and addressed. Notices and payments sent by certified or registered mail
shall be deemed to have been given on the day next following the date of mailing, if
properly mailed and addressed. For all types of mail, the postmark affixed by the United
States Postal Service shall be conclusive evidence of the date of mailing.
12 NONDISCRIMINATION
The City for itself, its heirs, personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that it will comply
Exhibit A
Page 142 of 149
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 6 of 9
with pertinent statues, Executive Orders and such rules as are promulgated to assure that
no person shall, on the grounds of race, creed, color, national origin, sexual orientation,
sex, age, or the presence of any sensory, mental or physical handicap be discriminated
against or receive discriminatory treatment.
13 TERMINATION.
Neither the MIT or City may terminate this agreement without the written concurrence of
the other party.
14 MISCELLANEOUS
14.1. All of the covenants, conditions and agreements in this Agreement shall extend
to and bind the legal successors and assigns of the parties.
14.2. This Agreement shall be deemed to be made and construed in accordance with the
laws of the State of Washington. Jurisdiction and venue for any action arising out
of this Agreement shall be in the county of Washington State in which the property
or project is located, and if not site specific, then in King County, Washington.
14.3. The captions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
14.4. The duration of this Agreement shall be for the period of time it reasonably takes
for the performances by the parties as contemplated herein.
14.5. No separate legal entity is created hereby. The identity of the parties hereto is as
set forth hereinabove.
14.6. The performances of the duties of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the
parties.
14.7. Unless a joint oversight and administration board is created as provided herein, the
oversight and administration of the Agreement shall be by the respective named
representatives identified in Paragraph 11 hereof, or their designees.
14.8. No provision of this Agreement shall relieve either party of its obligations and or
responsibilities imposed by law.
14.9. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be held to be invalid or unenforceable by a
final decision of any court having jurisdiction on the matter, the remainder of this
Agreement or the application of such term or provision to persons or circumstances
Exhibit A
Page 143 of 149
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 7 of 9
other than those as to which it is held invalid or unenforceable shall not be affected
thereby and shall continue in full force and effect, unless such court determines that
such invalidity or unenforceability materially interferes with or defeats the
purposes hereof, at which time the City shall have the right to terminate the
Agreement.
14.10. This Agreement constitutes the entire agreement between the parties. There are
no terms, obligations, covenants or conditions other than those contained herein.
No modifications or amendments of this Agreement shall be valid or effective
unless evidenced by an agreement in writing signed by both parties.
14.11. Counterparts: This Agreement may be executed in multiple counterparts, each
of which shall be one and the same Agreement and shall become effective when
one or more counterparts have been signed by each of the parties and delivered
to the other party.
IN WITNESS TO THE TERMS OF THIS AGREEMENT, the parties have executed this
Agreement:
Exhibit A
Page 144 of 149
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 8 of 9
Attachment A – Projects and Responsibilities
Project
Name
Description Lead
Agency
Support
Agency
Support
Agency
Contribution
Riverwalk
Sidewalks –
Auburn
Way South
to Howard
Rd
New 5’ wide sidewalks along the east side of
Riverwalk Drive from Howard Rd to Auburn
Way South and Rectangular Rapid Flashing
Beacon (RRFB) crossing at Howard Rd.
City MIT $500,000.00
and project
review
support not to
exceed 50
staff hours
MIT Trail
Project
MIT To provide description MIT City Project
review
support not to
exceed 50
staff hours
Exhibit A
Page 145 of 149
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 9 of 9
October 20, 2011
Matthew Enders, PE
WSDOT Highways & Local Programs Division
PO Box 47390
310 Maple Park Avenue SE
Olympia, WA 98504-7390
Dear Matthew:
The Muckleshoot Indian Tribal (MIT) Council is pleased to be a supporter and partner in
the City Safety program grant application with the City of Auburn. The Auburn Way
South SR-164 (AWS) Corridor Safety proposal includes vital safety improvements that
complement ongoing construction projects and complete the safety improvement
planning for AWS between Muckleshoot Plaza and Hemlock St SE.
The City of Auburn and the Muckleshoot Indian Tribe have worked cooperatively with
WSDOT over the past couple years to develop a comprehensive corridor improvement
plan that will greatly enhance the safety of this high accident route. Currently, the City
and MIT are partnering in the design and construction of two other segments of this
corridor and we are hopeful that with the award of this grant the final segment of this
planning effort can be realized.
Thank you in advance for your time and consideration.
Sincerely,
Muckleshoot Tribal Chair
Exhibit A
Page 146 of 149
Riverwalk Dr. SE Non-Motorized Improvements
Printed Date:
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.
Map Created by City of Auburn eGIS
3/30/2016
Page 147 of 149
Auburn Way South - Sidewalk Gap and VMS
Printed Date:
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.
Map Created by City of Auburn eGIS
3/30/2016
Page 148 of 149
Auburn Way South - Hemlock to Academy
Printed Date:
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.
Map Created by City of Auburn eGIS
3/30/2016
Page 149 of 149