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HomeMy WebLinkAbout09-16-2024 Agenda City Council Meeting 401.--1r September 16, 2024 - 7:00 PM CITY OF * City Hall Council Chambers AUBURICI AGENDA Watch the meeting LIVE! WAS H I NGTO N Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER I I. LAND ACKNOWLEDGMENT We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral keepers of the land we are gathered on today. We thank them for their immense contributions to our state and local history, culture, economy, and identity as Washingtonians. III. PUBLIC PARTICIPATION 1. Public Participation The Auburn City Council Meeting scheduled for Monday September 16, 2024 at 7:00 p.m. will be held in person and virtually. Virtual Participation Link: To view the meeting virtually please click the below link, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To listen to the meeting by phone or Zoom, please call the below number or click the link: Telephone: 253 205 0468 Toll Free: 888 475 4499 Zoom: https://us06web.zoom.us/j/83015969299 A. Pledge of Allegiance IV. Roll Call V. ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS,AND PRESENTATIONS A. Hispanic Heritage Month Mayor Backus to proclaim September 2024 as "Hispanic Heritage Month" in the City of Auburn Page 1 of 88 VI. APPOINTMENTS A. Junior City Council City Council to approve the appointments of Phia So Chea, Erica Rios, and Joey Rush to Auburn Junior City Council for a two-year term expiring August 31, 2026 (RECOMMENDED ACTION: Move to approve the appointments of Phia So Chea, Erica Rios, and Joey Rush to Auburn Junior City Council, for a two-year term to expire August 31, 2026.) VI I. AGENDA MODIFICATIONS VI I I. CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. 1. The public can participate in-person or submit written comments in advance. Participants can submit written comments via mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350 words or less. Please mail written comments to: City of Auburn Attn: Shawn Campbell, City Clerk 25 W Main St Auburn, WA 98001 Please fax written comments to: Attn: Shawn Campbell, City Clerk Fax number: 253-804-3116 Email written comments to: publiccomment@auburnwa.gov If an individual requires an accommodation to allow for remote oral comment because of a difficulty attending a meeting of the governing body, the City requests notice of the need for accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can request an accommodation to be able to provide remote oral comment by contacting the City Clerk's Office in person, by phone (253) 931-3039, or email to publiccomment@auburnwa.gov B. Correspondence - (There is no correspondence for Council review.) IX. COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. Page 2 of 88 1. Finance Ad Hoc Committee (Chair Baldwin) X. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the August 19, 2024, City Council Meeting B. Minutes of the August 26, 2024, Special City Council Meeting C. Minutes of the August 26, 2024, Study Session Meeting D. Setting the date a for Public Hearing for T-Mobile West LLC Franchise Agreement (Gaub) City Council to set the date for a Public Hearing for Franchise Agreement No. FRN23- 0002 for T-Mobile West LLC E. Claims Vouchers (Thomas) Claims voucher list dated August 28, 2024 which includes voucher numbers 477222 through voucher 477372, in the amount of $2,659,823.75, eight electronic fund transfers in the amount of$2,451.34 and three wire transfers in the amount of $742,381.55 Claims voucher list dated September 11, 2024 which includes voucher numbers 477373 through voucher 477521, in the amount of$8,316,973.11, six electronic fund transfers in the amount of$1,312.21 and four wire transfers in the amount of $1,038,575.97 F. Payroll Voucher(Thomas) Payroll check numbers 539607 through 539607 in the amount of$607,116.74, electronic deposit transmissions in the amount of $2,733,068.75, for a grand total of $3,340,185.49 for the period covering August 15, 2024 to August 28, 2024 Payroll check numbers 539609 through 539611 in the amount of $80,805.08, electronic deposit transmissions in the amount of $2,833,609.19, for a grand total of $2,914,414.27 for the period covering August 29, 2024 to September 11, 2024 (RECOMMENDED ACTION: Move to approve the Consent Agenda.) Xl. UNFINISHED BUSINESS XI I. NEW BUSINESS XIII. ORDINANCES A. Ordinance No. 6949 (Krum) An Ordinance for a Site Specific Rezone of a portion of one parcel from R-10, Residential Zone - Ten Dwelling Units per Acre to R-20, Twenty Dwelling Units per Acre (RECOMMENDED ACTION: Move to approve Ordinance No. 6949.) Page 3 of 88 B. Ordinance No. 6950 (Hay) An Ordinance relating to Camping on City Property, amending Sections 2.22.210 and 9.50.030 of the Auburn City Code, and providing for severability and an effective date (RECOMMENDED ACTION: Move to approve Ordinance No. 6950.) C. Ordinance No. 6952 (Gaub) An Ordinance relating to Water Main Extensions and Requirements for Private Fire Hydrant Installations and Maintenance Responsibilities, and amending Chapters 13.06 Water System Responsibility, 13.08 Water Main Extensions and Payment, and 13.16 Fire Hydrants of the Auburn City Code (RECOMMENDED ACTION: Move to approve Ordinance No. 6952.) D. Ordinance No. 6953 (Gaub) An Ordinance amending conditions of Ordinance No. 6839 associated with Vacating Right-of-Way of a portion of West Main Street, East of Lund Road SW, within the City of Auburn, Washington (RECOMMENDED ACTION: Move to approve Ordinance No. 6953.) XIV. MAYOR AND COUNCILMEMBER REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor XV. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 4 of 88 CITY OF J A iii AGENDA BILL APPROVAL FORM rim WASHINGTON Agenda Subject: Date: Minutes of the August 19, 2024, City Council Meeting September 9, 2024 Department: Attachments: Budget Impact: City Council August 19.2024 Meeting Minutes Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Background for Motion: Background Summary: Reviewed by Council Committees: Councilmember: Staff: Meeting Date: September 16, 2024 Item Number: CA.A Page 5 of 88 City Council Meeting '1c August 19, 2024 - 7:00 PM CITY OF �k * City Hall Council Chambers . MINUTES 1 URN Watch the meeting LIVE! rill WAS H I NGTO N Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER Mayor Backus called the meeting to order at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street. II. LAND ACKNOWLEDGMENT III. PUBLIC PARTICIPATION 1. Public Participation The City Council Meeting was held in person and virtually. A. Pledge of Allegiance Mayor Backus led those in attendance in the Pledge of Allegiance. IV. Roll Call Councilmembers present: Hanan Amer, Kate Baldwin, Cheryl Rakes, Clinton Taylor, and Acting Deputy Mayor Yolanda Trout-Manuel. Deputy Mayor Larry Brown and Councilmember Tracy Taylor were excused. Mayor Nancy Backus and the following staff members present included: Deputy City Attorney Paul Byrne, Chief of Police Mark Caillier, Director of Public Works Ingrid Gaub, Director of Parks,Arts, and Recreation Daryl Faber, Director of Finance Jamie Thomas, Director of Community Development Jason Krum, Director of Human Services Kent Hay, Business Systems Analyst Jonathan Barbano, and Deputy City Clerk Hannah Scholl. V. ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS A. Constitution Week Mayor Backus proclaimed August 18, 2024, through August 24, 2024, as "Constitution Week" in the City of Auburn. Hilda Meryhew, member of the Daughters of the American Revolution, accepted the proclamation, thanked Mayor, and spoke about women's Page 6 of 68 voting rights. B. International Overdose Awareness Day Mayor Backus proclaimed August 31, 2024, as "International Overdose Awareness Day" in the City of Auburn. Business Director Harry Franqui and Clinic Director Suzanne Laurel with HealthPoint, Clinical Supervisor Kalena Towle with We Care Daily Clinics, Mark Hampton Owner of Alcoholics &Addicts Helping Alcoholics & Addicts (AAHAA) Supportive Housing, and Michael Preston Owner of A Walk to Freedom Counseling accepted the proclamation. They all thanked Mayor, Councilmembers, and staff for their support. Mayor expressed her appreciation for all the work they do. VI. AGENDA MODIFICATIONS There were no modifications to the agenda. VI I. CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A. Public Hearings 1. Public Hearing for New Cingular Wireless PCS, LLC Franchise Agreement No. FRN24-0002 (Gaub) City Council to conduct Public Hearing to consider Franchise Agreement No. FRN24-0002 for New Cingular Wireless PCS, LLC Mayor Backus opened the Public Hearing at 7:12 p.m. No one came forward to speak. Mayor Backus closed the Public Hearing at 7:12 p.m. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. 1. The public can participate in-person or submit written comments in advance. Written Comment: Mark Celich Auburn, WA Mark provided comment regarding budgeting for more Police Officers. Page 2 of 68 In-Person Comments: Cheryl Olson Auburn, WA Cheryl expressed concerns regarding crime in the City of Auburn and budgeting for more Police Officers. Diana Johnson Auburn, WA Diana expressed concerns regarding gun violence in the City of Auburn and budgeting for more Police Officers. Jim Brass Auburn, WA Jim expressed concerns regarding gun violence in the City of Auburn and budgeting for more Police Officers. Amanda Knott Auburn, WA Amanda expressed concerns regarding youth gun violence and early childhood development. Derek Bodine Auburn, WA Derek expressed the need for budgeting for more Police Officers. Betty Brown Auburn, WA Betty expressed concerns regarding crime in the City of Auburn, safety of children, and budgeting for more Police Officers. Virginia Haugen Auburn, WA Virginia expressed gratitude to Hilda Meryhew, member of the Daughters of the American Revolution. Mayor Backus thanked everyone for their comments and informed everyone the City is in the process of reviewing the Budget. C. Correspondence There was no correspondence for Council to review. VII I. COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. 1. Finance Ad Hoc Committee (Chair Baldwin) Councilmember Baldwin, Chair of the Finance Ad Hoc Committee, reported she and Councilmember Amer reviewed the claims and payroll vouchers described on the agenda this evening and recommended their approval. Page 8 of 68 IX. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the August 5, 2024, City Council Meeting B. Minutes of the August 12, 2024, Study Session Meeting C. Claims Vouchers (Thomas) Claims voucher list dated August 14, 2024 which includes voucher numbers 477023 through voucher 477217 and voucher numbers 477219 through voucher 477221, in the amount of $6,594,142.90, ten electronic fund transfers in the amount of$1,454.07 and five wire transfers in the amount of$944,937.55 D. Claims Voucher(Thomas) Claims voucher list dated August 14, 2024 which includes voucher number 477218, in the amount of$2,500.00 E. Payroll Voucher(Thomas) Payroll check numbers 539604 through 539606 in the amount of$81,651.54, electronic deposit transmissions in the amount of $2,928,720.01, for a grand total of $3,010,371.55 for the period covering August 1, 2024 to August 14, 2024 Acting Deputy Mayor Trout-Manuel moved and Councilmember Rakes seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 5-0 X. UNFINISHED BUSINESS There was no unfinished business. Xl. NEW BUSINESS There was no new business. XII. ORDINANCES A. Ordinance No. 6945 (Thomas) An Ordinance amending the City's 2023-2024 Biennial Operating and Capital Budgets Councilmember Baldwin moved and Councilmember Amer seconded to approve Ordinance No. 6945. MOTION CARRIED UNANIMOUSLY. 5-0 XII I. RESOLUTIONS A. Resolution No. 5780 (Krum) Page 14 of 68 A Resolution accepting the Planning Commission's recommendation on the Comprehensive Plan Land Use Element, Housing Element, Economic Development Element, Historic Preservation Element, and Climate Action Element for the purpose of providing support to draft Development Regulations that implement these Elements Acting Deputy Mayor Trout-Manuel moved and Councilmember Amer seconded to adopt Resolution No. 5780. MOTION CARRIED UNANIMOUSLY. 5-0 B. Resolution No. 5781 (Hinman) A Resolution authorizing the Mayor to enter into an I nterlocal Agreement with Region 8 Education Service Center for membership in "The I nterlocal Purchasing System ("TIPS")for the purpose of Cooperative Purchasing Councilmember Rakes moved and Councilmember C. Taylor seconded to adopt Resolution No. 5781. MOTION CARRIED UNANIMOUSLY. 5-0 XIV. MAYOR AND COUNCILMEMBER REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Councilmember Baldwin reported she toured the Veterans Village in the City of Orting. Councilmember C. Taylor reported he attended the Muckleshoot Tribe Council Meeting and the Ribbon Cutting event at Cedar Lanes Bike Park. Acting Deputy Mayor Trout-Manuel reported she attended the Sound Cities Association (SCA) Regional Water Quality Committee meeting, Ribbon Cutting event at Cedar Lanes Bike Park, SCA Domestic Violence Task Force meeting, National League of Cities Hispanic Elected Local Officials (HELO) Board Meeting, Muckleshoot Tribe Council Meeting, and the Welcome Back to School event at Auburn High School. B. From the Mayor Mayor Backus reported she attended the Ribbon Cutting event at the Cedar Lanes Bike Pump Track, hosted Auburn's Sister City Japanese Exchange Students, Healthy Bite event, Celebration of Life for Former Algona Mayor Dave Hill, US Conference of Mayors Membership Group on Homelessness meeting to discuss the Martin v. Boise Decision, met with US Representative Kim Schrierto discuss Juvenile crime and budgeting for additional Police Officers, Muckleshoot Indian Tribe Council meeting, India Day Celebration event at Bellevue City Hall,Auburn High School's Class of 1974 50th Reunion, and a tour of the potential Recovery International (RI) Receiving Center in Federal Way. Page 50)b688 XV. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:55 p.m. APPROVED this 16th day of September 2024. NANCY BACKUS, MAYOR Hannah Scholl, Deputy City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 61bb688 CITY OF J A iii AGENDA BILL APPROVAL FORM rim WASHINGTON Agenda Subject: Date: Minutes of the August 26, 2024, Special City Council Meeting September 9, 2024 Department: Attachments: Budget Impact: City Council August 26.2024 Sn ecial Meetiinn Nfinutes Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Background for Motion: Background Summary: Reviewed by Council Committees: Councilmember: Staff: Meeting Date: September 16, 2024 Item Number: CA.B Page 12 of 88 CITY OF * Special City Council Meeting 5: August 26, 2024 - 5:00 PM City Hall Council Chambers * --- WASHINGTON MINUTES I. CALL TO ORDER Mayor Backus called the meeting to order at 5:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street. II. LAND ACKNOWLEDGEMENT III. PUBLIC PARTICIPATION 1. Public Participation The City Council Meeting was held in person and virtually. A. Pledge of Allegiance Mayor Backus led those in attendance in the Pledge of Allegiance. IV. ROLL CALL Councilmembers present: Acting Deputy Mayor Yolonda Trout-Manuel, Hanan Amer, Kate Baldwin, Cheryl Rakes, Clinton Taylor, and Tracy Taylor. Deputy Mayor Larry Brown was excused. Mayor Nancy Backus and the following staff members present included: Deputy City Attorney Paul Byrne, Assistant Chief of Police Samuel Betz, Director of Public Works Ingrid Gaub, Right-of-Way Specialist Amber Olds, Business Systems Analyst Chrissy Malave, and City Clerk Shawn Campbell. V. CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. 1. The public can participate in-person or submit written comments in advance. No one came forward to speak. Page 116288 VI. ORDINANCES A. Ordinance No. 6946 (Gaub) An Ordinance granting to New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, a Franchise for Small Wireless Facilities Telecommunications Councilmember T. Taylor moved and Councilmember C. Taylor seconded to approve Ordinance No. 6946. MOTION CARRIED UNANIMOUSLY. 6-0 VII. RESOLUTIONS A. Resolution No. 5783 (Whalen) A Resolution authorizing the Mayor to sign a fourth amendment to an agreement between the City of Auburn and Totem Logistics, INC. related to Garbage/Waste Cleanup Services Councilmember Amer moved and Councilmember Rakes seconded to adopt Resolution No. 5783. MOTION CARRIED UNANIMOUSLY. 6-0 VII I. EXECUTIVE SESSION Mayor Backus adjourned into executive session at 5:04 p.m. per RCW 42.30.110(1)(i)(ii) and (iii) to discuss with legal counsel potential litigation that may be commenced against the City, and the legal risks of a proposed action when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency for 15 minutes. Mayor Backus, Councilmembers, Deputy City Attorney Byrne, Director of Public Works Gaub, and Specialist Olds were required to attend. She reconvened the meeting at 5:20 p.m. IX. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 5:20 p.m. APPROVED this 16th day of September 2024. NANCY BACKUS, MAYOR Shawn Campbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 244b288 CITY OF J A iii AGENDA BILL APPROVAL FORM rim WASHINGTON Agenda Subject: Date: Minutes of the August 26, 2024, Study Session Meeting September 9, 2024 Department: Attachments: Budget Impact: City Council August 26.2024 Meeting Minutes Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Background for Motion: Background Summary: Reviewed by Council Committees: Councilmember: Staff: Meeting Date: September 16, 2024 Item Number: CA.0 Page 15 of 88 City Council Study Session Community Wellness Special Focus Area CITY OF * August 26, 2024 - 5:30 PM City Hall Council Chambers AU I Illtw ® MINUTES Watch the meeting LIVE! * --4- WASHINGTON Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER Acting Deputy Mayor Trout-Manuel called the meeting to order at 5:30 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street in Auburn. II. PUBLIC PARTICIPATION A. Public Participation The City Council Meeting was held in person and virtually. B. Roll Call Councilmembers present: Acting Deputy Mayor Yolonda Trout-Manuel, Hanan Amer, Kate Baldwin, Cheryl Rakes, Clinton Taylor, and Tracy Taylor. Deputy Mayor Larry Brown was excused. Mayor Nancy Backus and the following staff members present included: Deputy City Attorney Paul Byrne, Assistant Chief of Police Samuel Betz, Senior City Staff Attorney Taryn Jones, Director of Public Works Ingrid Gaub, Director of Finance Jamie Thomas, Director of Community Development Jason Krum, Director of Human Services Kent Hay, Storm Drainage Utility Engineer Tim Carlaw, Associate Storm Drainage Engineer Michael Murray, Senior Planner Dinah Reed, Utilities Engineering Manager Ryan Vondrak, Right-of-Way Specialist Amber Olds, Business Systems Analyst Chrissy Malave, and City Clerk Shawn Campbell. III. AGENDA MODIFICATIONS There were no modifications to the agenda. IV. ANNOUNCEMENTS REPORTS AND PRESENTATIONS There were no announcements, reports, or presentations. V. AGENDA ITEMS FOR COUNCIL DISCUSSION A. Comprehensive Storm Drainage Plan (Gaub) (60 Minutes) Engineer Carlaw and Engineer Murray provided Council with an overview Page 1606888 of the 2024 Comprehensive Storm Drainage Plan including an explanation of the Comprehensive Plan progress and milestones, the ecology regulation requirements for the Storm Drainage Plan, Storm Drainage Utility Service area and infrastructure, updated Chapters in the 2024 Storm Drainage Comprehensive Plan, and the future steps for approval. Council discussed updates to the reference materials, critical drainage reviews, additional requirements for increased population numbers, and the rate stabilization policy. B. Ordinance No. 6949 (Krum) (10 Minutes) An Ordinance for a Site Specific Rezone of a portion of one parcel from R-10, Residential Zone - Ten Dwelling Units per acre to R-20, Twenty Dwelling Units per acre Planner Reed provided Council with an overview of Ordinance No. 6949 including the site of the proposed Rezone, the zoning around the proposed site, Rezone approval criteria, Hearing Examiner recommendations, and future Council action. C. Ordinance No. 6952 (Gaub) (20 Minutes) An Ordinance relating to Water Main Extensions and Requirements for Private Fire Hydrant Installations and Maintenance Responsibilities, and amending Chapters 13.06 Water System Responsibility, 13.08 Water Main Extensions and Payment, and 13.16 Fire Hydrants of the Auburn City Code Manager Vondrak provided Council with an overview of Ordinance No. 6952 including the proposed timeline for the Code update, review of the need for water main upsizing, pipe velocities, private fire hydrants, and updated language in the Auburn City Code. Council discussed private fire hydrants, and the frequency of updates to the Code. D. Ordinance No. 6953 (Gaub) (10 Minutes) An Ordinance amending Conditions of Ordinance No. 6839 associated with vacating Right-of-Way of a portion of West Main Street, East of Lund Road SW, within the City of Auburn, Washington Specialist Olds provided Council with an overview of Ordinance No. 6953 including the location of the Right-of-Way vacation, requirements for the vacation, and a history of the vacation requirement extensions. Acting Deputy Mayor Trout-Manuel recessed for 10 minutes at 7:14 pm. She reconvened the meeting at 7:24 pm. E. Resolution No. 5782 (Council) (60 Minutes) A Resolution amending the City Council Rules of Procedure City Clerk Campbell led the Council through the Council Rules of Procedure Section by Section. Page 2 bbfi88 Council discussed proposed amendments to Sections 1 through 11. Council agreed to bring the Council Rules of Procedure back to the September 23, 2024, Study Session Meeting and if necessary the September 30, 2024, Study Session Meeting. VI. COMMUNITY WELLNESS DISCUSSION ITEMS A. Ordinance No. 6950 (Hay) (15 Minutes) An Ordinance relating to camping on City property, amending Sections 2.22.210 and 9.50.030 of the Auburn City Code, and providing for severability and an effective date This item was moved to Council Items for Discussion Item A. Councilmember C. Taylor Chaired this portion of the meeting. Director Hay provided Council with an overview of Ordinance No. 6950 including an update on the 9th Circuit Court of Appeals decision on the Martin v. Boise ruling, the City's current camping on public property Ordinance, substantial changes in the proposed Ordinance, and public safety and environmental concerns with camping on public lands. Council discussed available shelters, penalties and fines, people refusing housing, number of people impacted by the changes, costs to the City for the changes, and homeless encampment cleanup costs. VII. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:08 p.m. APPROVED this 16th day of September 2024. LARRY BROWN, DEPUTY MAYOR Shawn Campbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http✓/www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 3806888 �* CITY OF J * AU I x C AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Setting the date a for Public Hearing for T-Mobile West LLC August 16, 2024 Franchise Agreement (Gaub) Department: Attachments: Budget Impact: Public Works No Attachments Available Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council set the date of the Public Hearing for Franchise Agreement No. FRN23-0002 for T-Mobile West LLC for a Wireless Telecommunication Franchise as October 7, 2024, at 7:00 pm. Background for Motion: Background Summary: Section 20.04.040 of the Auburn City Code requires the City to hold a Public Hearing before granting or denying a Franchise Agreement. Staff requests that the City Council set the date of the Public Hearing for Franchise Agreement No. FRN23-0002 for T-Mobile West LLC for a Wireless Telecommunication Franchise as October 7, 2024, at 7:00 pm. Section 20.02.040 of the Auburn City Code requires a franchise for any utility or telecommunications carrier or operator to use public ways of the City and to provide service to persons or areas inside or outside of the City. T-Mobile West LLC has applied for a new Franchise Agreement to continue to operate their existing wireless telecommunications facilities in the public ways within the City limits as their previous Franchise Agreement has recently expired. T-Mobile provides telecommunications services that includes but is not limited to wireless and data communications services. The proposed agreement is consistent with the City's standard Franchise Agreement language. Reviewed by Council Committees: Councilmember: Tracy Taylor Staff: Ingrid Gaub Meeting Date: September 16, 2024 Item Number: CA.D Page 19 of 88 Page 20 of 88 CITY OF J A ma AGENDA BILL APPROVAL FORM rim WASHINGTON Agenda Subject: Date: Claims Vouchers (Thomas) September 10, 2024 Department: Attachments: Budget Impact: Finance No Attachments Available Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Approve Claim Vouchers. Background for Motion: Background Summary: Claims voucher list dated August 28, 2024 which includes voucher numbers 477222 through voucher 477372, in the amount of $2,659,823.75, eight electronic fund transfers in the amount of $2,451.34 and three wire transfers in the amount of$742,381.55. Claims voucher list dated September 11, 2024 which includes voucher numbers 477373 through voucher 477521, in the amount of $8,316,973.11, six electronic fund transfers in the amount of $1,312.21 and four wire transfers in the amount of$1,038,575.97. Reviewed by Council Committees: Councilmember: Kate Baldwin Staff: Jamie Thomas Meeting Date: September 16, 2024 Item Number: CA.E Page 21 of 88 CITY OF J * A mai AGENDA BILL APPROVAL FORM rim WASHINGTON Agenda Subject: Date: Payroll Voucher(Thomas) September 10, 2024 Department: Attachments: Budget Impact: Finance No Attachments Available Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Approve Payroll Vouchers. Background for Motion: Background Summary: Payroll check numbers 539607 through 539607 in the amount of $607,116.74, electronic deposit transmissions in the amount of$2,733,068.75, for a grand total of $3,340,185.49 for the period covering August 15, 2024 to August 28, 2024. Payroll check numbers 539609 through 539611 in the amount of$80,805.08, electronic deposit transmissions in the amount of$2,833,609.19, for a grand total of$2,914,414.27 for the period covering August 29, 2024 to September 11, 2024. Reviewed by Council Committees: Councilmember: Kate Baldwin Staff: Jamie Thomas Meeting Date: September 16, 2024 Item Number: CA.F Page 22 of 88 CITY OF J * TT . - AGENDA BILL APPROVAL FORM --00`" WASHINGTON Agenda Subject: Date: Ordinance No. 6949 (Krum) August 29, 2024 Department: Attachments: Budget Impact: Community Development Ordinance No.6949 Current Budget: $0 Exhibit A-Hearing ExaminerRecommendation Proposed Revision: $0 for Stonecreek Apartments Site-snecific Rezone Revised Budget: $0 Vicinity Man—Existing Zone/Proposed Rezone Administrative Recommendation: City Council to approve Ordinance No. 6949. Background for Motion: Ordinance No. 6949 changes the zoning map designation of a portion of King County Parcel No. 3339900507 from R-10 Residential —Ten Dwelling Units per Acre to R-20 Residential, Twenty Dwelling Units per Acre, in response to an application from the property owner. Background Summary: Staff presented Ordinance No. 6949 to City Council at the Study Session on August 26, 2024. City Council allowed the matter to move forward for Council Action. Zoning map change (Rezone) of approximately 7,098 square foot (sf) of a split-zoned parcel totaling 21,090 sf from "R-10, Residential Zone —Ten Dwelling Units per Acre" to the "R-20, Residential Zone —Twenty Dwelling Units per Acre" owned by Balvir Singh and Jaspreet Kaur. On July 17, 2024, the Hearing Examiner held a Public Hearing, and on August 1, 2024, issued a written recommendation to City Council that the Stonecreek Apartments site-specific rezone be adopted. Reviewed by Council Committees: Councilmember: Tracy Taylor Staff: Jason Krum Meeting Date: September 16, 2024 Item Number: ORD.A Page 23 of 88 ORDINANCE NO. 6949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, FOR A SITE SPECIFIC REZONE OF A PORTION OF ONE PARCEL FROM R-10, RESIDENTIAL ZONE - TEN DWELLING UNITS PER ACRE TO R-20, TWENTY DWELLING UNITS PER ACRE WHEREAS, a Boundary Line Adjustment (City File No. BLA21-0006) was applied for to combine the northern 90 feet of parcel no. 3339900495 with parcel no. 333990507, recorded on November 5, 2021 and resulting in a split-zoned single lot; and WHEREAS, the split-zoned single lot had a portion zoned R-20, Twenty Dwelling Units per Acre and a portion R-10, Ten Dwelling Units per Acre; and WHEREAS, Balvir Singh, Applicant and Property Owner, submitted a site-specific rezone application on July 11, 2023 for King County Parcel No. 3339900507; and WHEREAS, the rezone will ensure that the zoning of the entire lot fully matches the intent of the Comprehensive Plan by eliminating the split zoning and expanding the R-20 zone to include the whole parcel; and WHEREAS, the project is exempt from SEPA review in accordance with WAC 197- 11-800(6)(c); and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of public hearing, the City of Auburn Hearing Examiner conducted a public hearing, heard public testimony, and took evidence and exhibits into consideration; and WHEREAS, on August 1, 2024 the City of Auburn Hearing Examiner recommended approval of the site-specific rezone application, and made and entered Findings of Fact and Conclusions of Law based thereon in support of that Ordinance No. 6949 August 26, 2024 Page 1 of 3 Page 24 of 88 recommendation, as set forth in the Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner attached hereto, marked as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City Council concurs with the Findings of Fact and Conclusions of Law of the Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Adoption of the Hearing Examiner's Findings of Fact and Conclusions of Law. The City Council adopts the Findings of Fact and Conclusions of Law based thereon, made and entered by the Hearing Examiner in support of the recommendation to the City Council, as set forth in the "Findings of Fact, Conclusions of Law and Recommendation for the Stonecreek Apartments, City File Number REZ23- 0005, dated August 1, 2024", attached hereto, marked as Exhibit "A". Section 2. Approval. The City Council adopts and approves the request to change the zoning of a portion of King County Parcel No. 3339900507 from R-10, Residential — Ten Dwelling Units per Acre to R-20, Twenty Dwelling Units per Acre. Section 3. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or Ordinance No. 6949 August 26, 2024 Page 2 of 3 Page 25 of 88 unconstitutional. Section 5. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor's Division. Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 6949 August 26, 2024 Page 3 of 3 Page 26 of 88 1 2 3 4 5 6 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN 7 Phil Olbrechts, Hearing Examiner 8 RE: Stonecreek Apartments 9 FINDINGS OF FACT, CONCLUSIONS Rezone OF LAW AND RECOMMENDATION. 10 REZ23-0005 ll INTRODUCTION 12 13 Balvir Singh requests an upzone of a portion of his property located at 703 8th St. NE. from R-10 to R-20. It is recommended that the City Council approve the rezone. 14 The requested upzone is arguably legally mandated since the current R-10 zoning is 15 inconsistent with the comprehensive plan use map designation of "multi-family." That map designation requires densities of 20-24 units per acre. The R-20 zoning 16 classification meets this requirement,the current zoning R-10 does not. 17 Mr. Sing's property is currently split zoned with R-10 on one portion and R-20 on the 18 other. The square footage of the entire parcel is 21,090 square feet. The proposal would rezone 7,098 square feet that is currently R-10 to R-20 so that the entirety of 19 the parcel is R-20. If the rezone is approved, the applicant intends to construct a 10- unit apartment building on the site. Absent approval of the rezone, the current zoning 20 would allow for an 8-unit building. 21 TESTIMONY 22 Ms. Diana Reed, Auburn City Planner, summarized the staff report. There was no 23 other testimony. 24 25 EXHIBITS Stonecreek Apartments Rezone p. 1 Findings, Conclusions and Recommendation Page77of88 Exhibits 1-7 listed at page 6 of the July 11, 2024 staff report were admitted into the 1 record during the July 17, 2024 public hearing. 2 FINDINGS OF FACT 3 Procedural: 4 5 1. Applicant. The applicant is Mr. Balvir Singh, 24827 16th Ave. S, Des Moines, WA 98198. The property owners are Mr. Singh and Jaspreet Kaur. 6 2. Hearing. The Hearing Examiner conducted a virtual and telephonic 7 hearing on the application at 5:30 p.m. on July 17, 2024. 8 Substantive: 9 3. Site/Proposal Description. The applicant proposes a site-specific rezone 10 located at 703 8th St. NE for a portion of King County Parcel No. 3339900507 which is split-zoned between R-20 Residential Zone - 20 Dwelling Units per acre (R-20) 11 and R-10 Residential Zone - 10 Dwelling Units per acre (R-10). The square footage 12 of the entire parcel is 21,090 square feet. The proposal will rezone 7,098 square feet that is currently R-10 to R-20 so that the entirety of the parcel is R-20. 13 The subject property is irregular in shape, with the western rectangular portion of the 14 lot measuring at about 14,245 square feet and eastern rectangular portion of the lot at approximately 7,065 square feet. It is flat and has no critical areas. Both ingress, 15 egress and utilities easements are available across the lot to the south (parcel no. 16 3339900495) to 8th St. NE, recorded under AFNS: 781205072, 881212073, 20010220000902 & 20030929002021 as shown on the Boundary Line Adjustment 17 (BLA21-0006) (Exhibit 5). A Boundary Line Adjustment (File No. BLA21-0006) was applied for to combine the northern 90 feet of parcel no. 3339900495 with parcel 18 no. 3339900507, recorded on 11/5/2021 and resulting in a split-zoned single lot. Although split-zoned after the BLA, the entirety of the property was previously 19 designated Multi-Family in the Comprehensive Plan. 20 4. Characteristics of the Area. The subject property is situated in an area 21 surrounded by both Multi-Family Residential and Single-Family Residential in the immediate vicinity. 22 5. Adverse Impacts. No adverse impacts are anticipated from the proposal. 23 The proposal was reviewed by the City's Building, Traffic, Utilities Division, and the 24 Valley Regional Fire Authority who did not express any concerns regarding the rezoning of the subject property. The proposal is exempt from SEPA environmental 25 review in accordance with WAC 197-11-800(6)(c). Pertinent impacts are addressed as follows: Stonecreek Apartments Rezone p. 2 Findings, Conclusions and Recommendation, A. Traffic. The proposal will not generate adverse traffic impacts. Two comment 1 letters were received from community members regarding traffic issues 2 (Exhibit 6). Both letters expressed concern about the proposed effect that 10 new units would have on increased traffic on a portion of 8th St. NE that they 3 assert already has numerous functional road and sidewalk related issues. Specifically, these concerns include observed high vehicle speeds and 4 blockage of sidewalks by parked vehicles. These comments were reviewed and responded to on-point by City staff (Exhibit 6). Concerns regarding 5 vehicle speeds are an enforcement issue and links for members of the public 6 to initiate a complaint were provided by City staff Common walkways blocked by vehicles were identified as a civil matter. In regard to increased 7 traffic, staff has indicated in their report (Exhibit 1) that the City's traffic engineer reviewed the proposal and that the potential addition of 10 dwelling 8 units at this location did not require the preparation of a Transportation Impact Assessment (TIA). Projects that do not require a TIA are considered to not 9 generate adverse traffic impacts. l0 11 CONCLUSIONS OF LAW 12 13 Procedural: 14 1. Authority of Hearing Examiner. ACC 18.68.030(A)(1) grants the Hearing Examiner with the authority to review and make a recommendation on rezone 15 requests to the City Council. 16 Substantive: 17 2. Zoning Designation. The property is currently split zoned with 13,992 18 square feet located within a R-20 zoning district and the balance of the site (7,098 19 square feet) located with a R-10 zoning district. 20 3. Review Criteria. ACC 18.68.040 governs the criteria for review. Applicable criteria are quoted below in italics and applied through corresponding 21 conclusions of law. 22 ACC 18.68.040: There is no presumption of validity for a rezone (zoning map amendment) and the applicant has the burden of proof in establishing compliance 23 with all of the following criteria: 24 A. The rezone implements the policies of the comprehensive plan; or 25 B. The rezone is necessary due to substantial change in circumstances since the current zoning; and Stonecreek Apartments Rezone p. 3 Findings, Conclusions and Recommendation Page .e9 of 88 4. Criterion Met. The criterion is met. The rezone implements the policies 1 of the comprehensive plan by making the zoning of the property consistent with the 2 comprehensive land use map designation. Changing the designation to R-20 would fully implement the Comprehensive Plan intent for the entire site and this criterion is 3 met. No change of circumstance is required for approval of the rezone because the rezone implements the Comprehensive Plan. 4 The entirety of the parcel has a Comprehensive Plan designation of"Multi-Family". 5 The Comprehensive Plan establishes density ranges for lands designated as Multi- 6 Family as follows (emphasis added in bold text): 7 "This category shall be applied to those areas that are either now developed or are reserved for multiple family dwellings. Densities may 8 range from 20 to 24 units per acre. These communities are served by transit, have nonmotorized connections to surrounding amenities and 9 services, or have access to on-site amenities. " 10 The rezone will ensure that the zoning of the entire site fully matches the intent of the l l Comprehensive Plan by eliminating the split zoning and expanding the R-20 zone to include the whole parcel. R-10 zoning (10 units per acre) is not an appropriate 12 implementing zone for this site as it is below the Comprehensive Plan's specified density of 20-24 units per acre. 13 14 In addition to providing for required consistency with the City's comprehensive plan land use map, the proposal is also consistent with the following comprehensive plan 15 policies: 16 The City of Auburn Comprehensive Plan Land Use Element"Multiple-family 17 Designation" general policies include: 18 • LU-27: Provide a variety of housing typologies to suit the needs of various potential residents. 19 The City of Auburn Comprehensive Plan Housing Element general policies 20 include: 21 • H-10: Provide a land use plan and zoning that offers opportunities to 22 achieve a variety of housing styles and densities for private and nonprofit housing providers. 23 • H-15: Use innovative zoning provisions to encourage infill development of 24 underutilized parcels in zones that have been identified in the Comprehensive 25 Plan as areas where infill residential development should be encouraged. Certain development requirements for infill development may be relaxed, while requiring adherence to specific design requirements to ensure compatibility with the character of nearby existing residential Stonecreek Apartments Rezone p. 4 Findings, Conclusions and Recommendation Page30of88 structures. 1 2 The proposal is consistent with the policies quoted above because it provides for multi- family apartment housing. 3 C. The rezone bears a substantial relationship to the public health, safety, or 4 welfare. 5 5. Criterion Met. The criterion is met. As determined in Finding of Fact No. 6 5, the proposal will not create any significant adverse impacts. As determined in Conclusion of Law No. 4, the proposal is necessary to implement the Comprehensive 7 Plan. For these reasons, the proposal is found to furthers public health, safety and welfare. 8 RECOMMENDATION 9 l 0 The Hearing Examiner recommends approval of REZ23-0005 11 12 Dated this 1st day of August, 2024. 13 14 15 Phil Olbrechts, City of Auburn Hearing Examiner 16 17 18 19 20 21 22 23 24 25 Stonecreek Apartments Rezone p. 5 Findings, Conclusions and Recommendation Page31 of88 Vicinity Map I r. I I Mr rm w� V a�i �r � - gy , 4 MI Esc .= ■■■■-1.IamEImentary=41�z b m North [erner DI Ns nap Emu 1= 02 tapping I; ur r r sF■ gto 111■ a i1 ■tcan .: 1 jinni misi rol..ASP•:" Ir PI1�1111g��'p al 111YY �i mpre111 io 'JII 1 — iN._. , ■ - 1. " a 11��pia 111■1 1 C' I ra1i1 . r k� I'lil 11■1■ `a. I .all ' iiiiik lifintlErrisijimIlAer....m,• ni . rp Vita I WI 1 a.��1 =1'11l11 €'i s `' III Blips a 'i a ii;s oi 11•S ii4;+II: Schvvl E.ra„ory rlr-�1■6■1 i1 �l� r, � 'F43,P Existing Zoning Map Proposed Rezone Map im R-10 R-20 IT TH ST NF Page 32 of 88 * CITY OF J * Au . - AGENDA BILL APPROVAL FORM * --.00`' WASHINGTON Agenda Subject: Date: Ordinance No. 6950 (Hay) September 6, 2024 Department: Attachments: Budget Impact: Human Services Ordinance 6950 Current Budget: $0 02 Promised Ordinance Amendment Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to approve Ordinance No. 6950. Background for Motion: City-owned properties and facilities are designed and maintained to serve specific purposes that benefit the community as a whole. Parks, recreational areas, and public buildings are intended for recreation, leisure, community events, and civic engagement. Preserving these spaces for their intended use ensures they remain accessible, safe, and enjoyable for all residents. The amendments in Ordinance No. 6950 are intended to reinforce these principles. Background Summary: This is a proposed amendment to the City's existing camping regulations in Sections 2.22.210 and 9.50.030 of the Auburn City Code. Ordinance No. 6950 restricts camping on City-owned property and facilities. This amendment is focused on protection of public health and safety and maintaining the intended use and integrity of the City's public spaces, ensuring they remain safe, clean, and accessible for all residents. Unauthorized camping poses significant public health risks due to inadequate sanitation and can lead to environmental degradation, safety concerns, and a decline in the quality of life for the community. By more consistently implementing its camping regulations, the City can better protect its parks and facilities, promote equitable access for all citizens, and foster a more vibrant, welcoming community. This amendment also aligns with the City's commitment to addressing homelessness through targeted support services rather than permitting encampments in public spaces. City Council is urged to consider this amendment to uphold the safety, cleanliness, and intended use of our City-owned properties. Reviewed by Council Committees: Councilmember: Yolanda Trout-Manuel Staff: Kent Hay Meeting Date: September 16, 2024 Item Number: ORD.B Page 33 of 88 Page 34 of 88 ORDINANCE NO. 6950 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO CAMPING ON CITY PROPERTY, AMENDING SECTIONS 2.22.210 AND 9.50.030 OF THE AUBURN CITY CODE, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, homelessness is a significant problem in the City of Auburn, other cities in King County, and throughout the United States; WHEREAS, the City of Auburn has established camping restrictions and requirements in Auburn City Code Sections 2.22.210 and 9.50.030; and WHEREAS, fentanyl use is a public health crisis that led to more than 1,100 deaths in 2023 in King County alone; and WHEREAS, the City of Auburn invests significant resources in parks and public spaces; and WHEREAS, the City of Auburn has also worked to address issues related to homelessness in a variety of ways including, but not limited to, the following: • Participating in the South King Housing and Homelessness Partners coalition, which coordinates servicers to the homeless in South King County and seeks funding for affordable housing projects; • Funding the City's Department of Anti-Homelessness, which provides three outreach workers and one peer specialist and other important public services, and which refers approximately 160 people annually to temporary shelter; • Partnering with the Auburn Food Bank to run a Day and Night Shelter for people living outside; • Partnering with the King County District Court for operation of a Community Ordinance No. 6950 September 16, 2024 Page 1 of 5 Page 35 of 88 Court for quality-of-life crimes to reduce recidivism; • Partnering with King County Homelessness Management Information System for housing people living outside; • Providing and Clean and Sober Housing Program for individuals in treatment; • Supporting Health through Housing Permanent Supportive Housing in Auburn; • Funding the Auburn Community Resource Center at 2814 Auburn Way North, which is available to help anyone in the community in need of assistance with a wide variety of challenges; and • Providing other services, including: ID assistance, health care, pre-paid ORCA public transportation cards, and mental health and chemical dependency treatment; WHEREAS, the City of Auburn provides grant funding to non-profit organizations throughout the region to provide services and recourses; and WHEREAS, despite expanding shelter capacity and providing the public services enumerated above, unsheltered populations in Auburn continue to grow; and WHEREAS, based on the experience of cities throughout Washington State, encampments on publicly-owned property present significant public health and safety risks, and often result in garbage, human waste, drug paraphernalia, illegal drug sales and use, drug overdoses (including deaths), assaults, fires, and other crimes; WHEREAS, over the last several years in the City of Auburn there have been dozens of scenarios where unauthorized camping has interfered with the intended use of Ordinance No. 6950 September 16, 2024 Page 2 of 5 Page 36 of 88 and/or resulted in damage to city-owned property; and WHEREAS, City employees have experienced difficulty in removing unauthorized camping in a manner that protects the City-owned property for use by park users who have paid for or reserved a City facility; and WHEREAS, City employees have experienced difficultly in removing unauthorized camping prior to damage occurring to city facilities and environmentally sensitive areas; and WHEREAS, regulating and enforcing limits on public camping is an important and necessary public health and safety measure; and WHEREAS, the United States and Washington State Supreme Courts have recognized the struggle of cities in this area and recently ruled that the United States and Washington Constitutions allow cities to protect publicly-owned spaces for their residents; and WHEREAS, the City of Auburn has the authority to adopt laws to protect public safety to the extent such laws are not in conflict with State or Federal law; and WHEREAS, the amendments to Auburn City Code Sections 2.22.210 and 9.50.030 as set forth in the attached Exhibit A are necessary for the protection of public health and safety, the protection of city-owned property, and to help ensure that city- owned properties and facilities are available and used for their intended purpose. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO HEREBY ORDAIN as follows: Section 1. Incorporation of Recitals. The recitals set forth above are hereby adopted and incorporated herein as if set forth in full. Ordinance No. 6950 September 16, 2024 Page 3 of 5 Page 37 of 88 Section 2. Amendment to Section 2.22.210 and Chapter 9.50 of the Auburn City Code: Section 2.22.210 and Chapter 9.50 of the Auburn City Code are hereby amended as set forth in Exhibit A, which is incorporated by this reference. Section 3. Implementation of Ordinance. The Mayor and her designee(s) are authorized to take such further actions and implement those administrative procedures necessary to implement and/or carry out the directives of this Ordinance. Section 4. Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. Section 5. Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this ordinance, including the correction of clerical errors in the body of this ordinance or exhibit(s) thereto; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. Ordinance No. 6950 September 16, 2024 Page 4 of 5 Page 38 of 88 Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days following its passage and publication, as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 6950 September 16, 2024 Page 5 of 5 Page 39 of 88 2.22.210 Tents and shelters No person shall erect, maintain, use or occupy a tent or shelter in any city of Auburn park except as permitted under ACC Section 9.50.030(C) unless there is an unobstructed view thrc.igh sLch tent or shelter from at least two sides. Violation of this section is a civil infraction punishable by a $250.00 fine. 9.50.030 Camping. A. Camping Prohibited. It is unlawful for any person to camp, occupy camp facilities or use camp paraphernalia on city property, except as set forth in subsection C of this section. B. Storage of Camping Facilities and Paraphernalia Items Prohibited. It is unlawful for any person to store camp facilities and camp paraphernalia on city property, except as otherwise provided by ordinance. C. Exceptions. The prohibitions contained in subsections A and B of this section shall not apply if: 1-. The person is engaged in activity prohibited by subsections A and B of this section because they are experiencing homelessness, and there is no overnight shelter available on the date that the prohibited activity occurs, provided that any tent or shelter shall provide a minimum one foot by one foot opening on at least one side of the tent or shelter that provides transplrency into the tent or shelter; or 21. The person is camping or using camp paraphernalia or camp facilities at a Game Farm Park Campground site after paying the required fees; or 32. The person is camping or using camp paraphernalia or camp facilities as permitted under this subsection: a. The director of the parks, arts, and recreation department may but shall not be required to permit persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property in parks property as defined in Chapter 2.22 ACC and as Page 40 of 88 listed in the park inventory portion of the parks, recreation and open space plan, within the city's comprehensive plan. b. The director of the parks, arts, and recreation department may approve a permit for camping on city park property if the director finds, based upon a permit application and information otherwise obtained, that: i. Adequate sanitary facilities are provided and accessible at or near the camp site; ii. Adequate trash receptacles and trash collection will be provided; iii. The camping activity will not unreasonably disturb or interfere with the peace, comfort and repose of park users or adjacent or nearby private property owners; iv. The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance; a-4 v. Anv tent or shelter being used will provide an unobstructed view through such tent or shelter from at least two sides: and vi. Allowing Tthe camping is in the public interest. c. The director of the parks, arts, and recreation department is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter. d. Seven days is the maximum period of time a permit may authorize camping on city property. e. Any person denied a permit may appeal the denial to the hearing examiner in the manner described in Chapter 2.46 ACC and ACC 15.07.130 with the director of the parks, arts, and recreation department serving the role of the building or fire official in that code; or 4. The person is camping or trccFQccing on any city utility property identified in ACC Title 13, which chill h4 regulated by that title; or Page 41 of 88 5. The person is s roping or trespassing on IVJas rn �^ ^ cipal o r^^rt ^rope ties ^r areas identified in Chapter 18.04 ACC, which shall be regulated psrs..Jant to ACC 9.96.900 and/or Chapter 9A.52 RCW. D. Definitions. For this section, the following shall apply: 1. "Available overnight shelter" means: a. A public or private shelter located within the city of Auburn that offers overnight shelter to persons experiencing homeles nos; and confirms to a city employee that it has an available overnight space at no cost for that person; or b. If no shelter described in ✓bsection (D)(1)(a)of this section h s available space, a shelter located within King or Pierce County that offers overnight shelter to persons experiencing homelessness and confirms to a city employee: i. That it has an available overnight space at no cost for that person; and ii. That it is accessible to the person by public transportation or vehicle for hiro at— no cost for that porron. c. An overnight shelter is available if an individual is prevented from uvng�n otherwise a‘u�lablo shelter space because of their past or present voluntary actions sch a: unlawful drug use or posso✓✓ran, cr,imina at(s;, wnnrw.qy behavior or willful violation of shelter rules or restrictions pertaining to such activity. d. An overnight shelter is unavailable if: i. An individual or family cannot use the shelter' v ail ble spire because ^f shelter-imposed restrictions on its use (other than any restrictions the shelter has imposed pi.\rsiuwit to subsection (D)(1)(c) of this section); or ii. A city employee, an individual or family attempts to secure a space at the shelter for the day and is denied due to lack of available space. 21. "City property"as used in this section means all improved and unimproved real property owned or leased by the city of Auburn, and all city of Auburn easements, including but not limited to all portions of city parks, as defined in Chapter 2.22 ACC, city buildings, Page 42 of 88 rights-of-way, city parking lots, and city environmentally sensitive areas as defined in ACC 16.06.065. City property shall not include: a. Religious organization property subject to RCW 35A.21.360; b. City utilities or utility property identified in ACC Title 13; or c. Airport property or areas identified in Chapter 18.04 ACC. Camping or trespassing on any city utility property identified in ACC Title 13 shall be regulated by that title. Camping or trespassing on Auburn Municipal Airport properties or areas identified in Chapter 18.04 ACC shall be regulated pursuant to ACC 9.96.900 and/or Chapter 9A.52 RCW, as applicable. 32. "Camp" or"camping" means to pitch, create, use, or occupy camp facilities for the purposes of habitation, living accommodation, or dwelling, as evidenced by the storage of personal belongings in "camp facilities"or the use of"camp paraphernalia." 43. "Camp facilities" include, but are not limited to, tents,tarps configured for shelter, huts, and temporary shelters. "Camp facilities"does not include shelters when used temporarily in a park for recreation or play, consistent with Chapter 2.22 ACC, during hours when the park is open to the public. 54. "Camp paraphernalia" includes, but is not limited to,tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city-designated cooking facilities and similar equipment. €5. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. E. Penalties and Enforcement. 1. A violation of this section is a misdemeanor punishable by 90 days in jail and/or a $1,000 fine. 2. When any police officer or city official has probable cause to believe that any person has violated this section, the officer or official may: Page 43 of 88 a. Order such person to immediately leave the property where the violation is occurring. Subject to subsection (C)(1) of this section, any person refusing to comply with such an order or returning to the property on the same calendar day as such an order is subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW and/or ACC 9.96.900; and b. Issue the person a written admonishment excluding them from the property where the violation is occurring for a period up to one year from the issue date. Subject to subsection (C)(1) of this section, persons who return to the property within the admonishment period are subject to prosecution for criminal trespass pursuant to RCW 9A.52 and/or ACC 9.96.900. 3. Admonishments issued under this section: a. Are valid and effective whether or not the excluded person is charged, tried or convicted of any crime or infraction; b. Are valid and effective even if the admonished person refuses a copy of the admonishment; provided, that the issuing city official reasonably notifies the admonished person of the admonishment period, place(s) of exclusion and appeal process under this section; c. Are valid and effective for the admonishment period unless and until shortened or rescinded by an official ruling after appeal in this section; d. May be based upon observations by city officials and/or police officers, or upon civilian reports that an official or officer could reasonably rely on in determining probable cause; and e. Shall include a statement of the appeal rights in this section and a form for appealing the admonishment as provided by this section. 4. Persons receiving admonishments under this section may appeal the admonishment. Any such appeal must: a. Be in writing, either on the form referenced in this section or in a writing including at least the person's name, the involved property location and the approximate admonishment date to enable processing of the appeal; Page 44 of 88 b. Be received by the city clerk or postmarked within 14 calendar days of the person's receiving the admonishment; and c. Be under oath and include all facts that the excluded person believes supports a shortening or rescinding of the admonishment. 5. Admonishment appeals under this section involving city parks shall be processed according to ACC 2.22.240. Otherwise, the director of community development or designee shall review the appeal and issue a ruling upholding, rescinding or shortening the admonishment within 14 calendar days of receiving the appeal. The director or designee may consider the admonishment and any other relevant and trustworthy submitted written materials in deciding the appeal. The admonishment shall be upheld if supported by a preponderance of evidence. The ruling may be transmitted to the excluded person by mail, in person, electronically, or by any other method specified by the person or reasonably likely under the circumstances to give notice. 6. The appeal process in this section cannot be used to appeal any criminal penalties imposed by a court under this section or any other law. Page 45 of 88 �* CITY OF J * AU I x C AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance No. 6952 (Gaub) August 19, 2024 Department: Attachments: Budget Impact: Public Works Ordinance No.6952 Current Budget: $0 ExhibitA Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to approve Ordinance No. 6952. Background for Motion: The Engineering Design Standards included revisions to water main extensions and provide a Section pertaining to requirements for private fire hydrants and the water mains serving those fire hydrants. Ordinance No. 6952 amends portions of Chapters 13.06, 13.08, and 13.16 of Auburn City Code to be consistent with the published Engineering Design Standards and to clean up references in City Code to old standards no longer in use. Background Summary: Ordinance No. 6952 amends City Code related to water main extensions and private fire hydrants and the water mains serving the fire hydrants to be consistent with the Engineering Design Standards (EDS) as noted during the Council Study Session on January 22, 2024. The current EDS require amendments to portions of Chapters 13.06, 13.08, and 13.16 of Auburn City Code to remove details that are provided in the EDS and to provide for clean up of references in City Code to old standards no longer in use. The Ordinance clarifies ownership and maintenance responsibilities of both public and private water main extensions, clarifies under what conditions the City may pay for oversizing water main extensions, clarifies fire hydrant installation and testing and inspection requirements, adds specific requirements, responsibilities, and restrictions for private fire hydrants, and includes additional provisions for violations of the fire hydrant regulations. Reviewed by Council Committees: Councilmember: Tracy Taylor Staff: Ingrid Gaub Meeting Date: September 16, 2024 Item Number: ORD.0 Page 46 of 88 Page 47 of 88 ORDINANCE NO. 6952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO WATER MAIN EXTENSIONS AND REQUIREMENTS FOR PRIVATE FIRE HYDRANT INSTALLATIONS AND MAINTENANCE RESPONSIBILITIES, AND AMENDING CHAPTERS 13.06 WATER SYSTEM RESPONSIBILITY, 13.08 WATER MAIN EXTENSIONS AND PAYMENT, AND 13.16 FIRE HYDRANTS OF THE AUBURN CITY CODE WHEREAS, Title 13 of the Auburn City Code (ACC) establishes rules and regulations for the Water, Sewers, and Public Utilities, consistent with public health, safety, and welfare of the community; and WHEREAS, revisions are needed to Chapter 13.06 of the ACC to be consistent with the City Engineering Design Standards to address maintenance requirements of both public and private water systems; and WHEREAS, revisions are needed to Chapter 13.08 of the ACC to be consistent with the City Engineering Design Standards to address ownership and maintenance responsibilities of water main extensions; and WHEREAS, revisions are needed to Chapter 13.16 of the ACC to be consistent with the City Engineering Design Standards to address ownership and maintenance responsibilities of both public and private fire hydrant installations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapters 13.06, 13.08, and 13.16 of the Auburn City Code are amended to read as shown in Exhibit A. Ordinance No. 6952 August 26, 2024 Page 1 of 2 ev.04/ 4 Page48 of 88 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: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 6952 August 26, 2024 Page 2 of 2 ev.04/ 4 Page49 of 88 ACC 13.06.027,Water system responsibility Page 1 of 1 13.06.027 Water system responsibility. The city is responsible for maintenance of the public water system within public rights-of-way and easements up to and including water service meters unless otherwise provided by agreement, by auburn city code. or by state law. Owners of private water systems, including but not limited to fire protection and landscaping irrigation systems, are solely responsible for maintenance and operation of such private systems. Private water system owners must comply with the requirements of the Auburn Design and Construction standards as adopted in ACC 12.04 for operation, maintenance, and testing of private water distribution and fire systems. The city shall be responsible for the maintenance and operation of the public water system within public rights-of-way and easements up to and including water service meters.The responsibility for the maintenance and operation of the non-public water supply system within private property shall be the property owner's. (Ord.5849§ 1,2004.) Page 50 of 88 Chapter 13.08 ACC,Water Main Extensions and Payment Page 1 of 4 Chapter 13.08 WATER MAIN EXTENSIONS AND PAYMENT Sections: 13.08.010 Chapter purpose.Repealed. 13.08.015 Definitions. 13.08.020 Supervision and extent. 13.08.030 Main installation - Cost liability- Specifications. 13.08.040 Oversizing. 13.08.050 RepealedFire- ydrrr-antsa - Required. 13.08.060 Repealed. 13.08.065 Fire hydrants - Installation on existing mains or relocation. 13.08.070 Repealed. 13.08.080 Repealed. 13.08.090 Repealed. For statutory provisions on contracts for water facilities between cities and property owners,see Ch.35.91 RCW;for provisions making Ch.35.91 RCW applicable to code cities,see RCW 35A.80.010. 13.08.010 Chapter purpose. Repealed by Ord. 6952. This chapter regulating the extension of and payment for water mains is for the purpose of uniformity in establi kiing extreme limits of water mains, and is to mains are located and to avoid public laar-m-o reation of nuisance sits iafinnc (Ord 5850 s 1, 20011;Ord-11-21-2•i:-1-(Gah +), 1999; Ord./1776§ 1, 1995; 1957 code§ 10.10.010.) 13.08.015 Definitions. As used in this Chapter.—"City of Auburn design and construction standards" means the requirements adopted under Chapter 12.04 ACC for storm drainage, sanitary sewer, street, and water design and construction. Page 51 of 88 Chapter 13.08 ACC,Water Main Extensions and Payment Page 2 of 4 B. "Local improvement district" means a method of assessing benefiting properties in financing needed capital improvements through formation of special assessment districts.(Ord. 5850§ 1,200'1.) 13.08.020 Supervision and extent. All extensions of persons or local impro ement d strirtc rlocirina tp extend city water mains in the city's identified water service area boundary area must extend the same under the supervision of the city engineer. All extensions Jaall extend to and across the full width of the property served with water. No property shall be served with city water unless the water main is— be extended in accordance with the City of Auburn design and construction standards.to— the property (Ord.5850§ 1,2004;Ord.5212§ 1 (Exh. H), 1999; 1957 code§ 10.10.020.) 13.08.030 Main installation - Cost liability - Specifications. In III r�coc nihoro When a property owner is are required to extend a water mains, the property owner to be served shall pay for the installation cost of the water mains. All water mains to be installed within the city's water service area shall be sized in accordance with the requirements of citys comnrehonsivo wester plan and the City of Auburn design and construction standards. When required by the City Engineer, a private property owner shall own and be responsible to maintain any water main and hydrants that are installed on the owner's property solely to provide it with fire protection. (Ord. 5850§ 1,2004;Ord.5212§ 1 (Exh. H), 1999; 1957 code§ 10.10.030.) 13.08.040 Oversizing. When the city deems it necessary to require a water main extension that is greater in size than that required by the City of Auburn design and construction standardsit is de€m.e ne€ess ry proporties for domestic inc istrial or fire nroteftinn pLirposes,the city_may_ , p6,ircwnt to a Page 52 of 88 Chapter 13.08 ACC,Water Main Extensions and Payment Page 3 of 4 written agreement between the city and the developer negotiated in advance to any work, compensate the developer for the difference in cost of the oversizing;f a)the citv's purpose for requiring an oversized water main is to provide domestic, industrial, or fire protection water service to properties other than those being developed by the developer; and b)the developer has executed a written payment agreement with the city prior to commencing any work; and c) in the citv's judgment the extension is economically feasible for the city. The City Engineer shall determine the size of the oversized water —main to serve the abutting p-ro-p€rty kiall be determiner! by the cit„engineer by taking into consideration the length of line, potential land uses and fire flow requirements. (Ord.5850§ 1,2004; Ord. 5212§ 1 (Exh. H), 1999; 1957 code§ 10.10.040.) 13.08.050 Fire hydrants - Required. Repealed by Ord 6952.All new wat2•r—mai•n ^ he installer) within the ritys water cery lire area shall inrI-idle fire h clrantc fnr arJeni late fire nrntertinn I-Iyrlrantc all Ike instilled in arrnrdance with the riff,^f auburn design and construction standards. (Ord. 5850§ 1,20011;Ord. G111 E 1 (Gxh. H), 1999; 1957 code§ 10.10.050.) 13.08.060 Fire hydrants - Installation on existing mains. Repealed by Ord. 5850. 13.08.065 Fire hydrants - Installation or relocation. Ai-re hydr When the city requires the relocation, installation, or extension of a water main, it shall include Page 53 of 88 Chapter 13.08 ACC,Water Main Extensions and Payment Page 4 of 4 installation of fire hydrants according to the provisions of ACC 13.16 and the City of Auburn design and construction standards.Hydrants shall be installed or relocated in accordance with thef-:�Jau-n design and construction standards.A written permit is required to install or relocate a hydrant.A permit application and inspection fee shall be charged in accordance with the city ofAubuc n fee schedule. (Ord. 5944§ 1,2005.) 13.08.070 Payback agreement. Repealed by Ord. 6512. 13.08.080 Connections on unassessed property - Charge - Generally. Repealed by Ord. 5850. 13.08.090 Connections on unassessed property - Charge - Payments - Nonpayment action. Page 54 of 88 Chapter 13.16 ACC, Fire Hydrants Page 1 of 11 Chapter 13.16 FIRE HYDRANTS Sections: 13.16.010 Repealedrhaptor title. 13.16.020 Definitions. 13.16.030 Required-:Fire hydrant installation, inspection requirements. 13.16.050 Flush-type hydrants prnhibitedRepealed. 13.16.060 Repealed.lnstallatienrequirements. 13.16.070 SSpecial requirements enealerl Special requirements. responsibilities, and restrictions. 13.16.080 Acce sibilityRepealed. 13.16.090 near)-end mains nrohibitedRepealed. 13.16.100 Fire flow requirements. 13.16.122 Spacing between hydrants - Buildings more than 150 feet from right- P T. .7 V G P I P .�V C C���V��� G yRepealed. 13.16.124 Rye ealedSpaci-ng-between hydrants- Commercial or industrial bu-i l dings. 13.16.126 R&e ealedSpacing-between hydrants- Apartment buildings. 13.16.130 Penalty. Prior legislation: Ords. 2882 and 2862. 13.16.010 Chapter title. Repealed by Ord. 6952. This chapter shall be known and may be cited as the"Auburn fire hydrant/access ordinance." (Ord. 30G'1 § 1, 1976.) Page 55 of 88 Chapter 13.16 ACC, Fire Hydrants Page 2 of 11 13.16.020 Definitions. As used in this chapter:For the purpose of this chapter, the following words, terms, phrases— and their derivations J-iall have the meaning given in this section, unless the context otherwise indicates.When not inconsistent with the context, words used in the present tense include the future; words in the p)rzal number include the singuar number and words in the singular number include the plural number.The word "ski:A" is .ways mandatory. A. "APWA" means the American Public Works Association. B. "AWWA" means the American Water Works Association. C. "Fire chief" means the city fire chief or the fire marsh 1. D. "Fire department" means the city fire department. A.E. "Fire flow" means the measure of th-e-sustained available water flow of available water required for firefighting at of a specific building or structure within a specific area at 20 pounds per square inch residual pressure,anc shall be corrected to the lowest gallonage available haled on p ac_noried demanels and seasonal clomandc B. "Public Fire hydrant"means a fire hydrant owned by the city or its designee. situated in public right-of-way or easement. and situated and maintained to provide water for firefighting .purposes. Public fire hydrants are without restriction as to use for that purpose. The location of a public fire hydrant is such that it is accessible for immediate use of the fire authority at all times. Fire hydrants connected to public water mains are considered Public Fire Hydrants. F. "FI r.k1-type hydrant" moans a hydrant installed entirely below grade. CG. "Private Fire Hydrant" means a private fire hydrant situated and maintained to provide water for firefighting purposes. Private fire hydrants are with restrictions as to use for that .purpose and the property owner retains ownership of the fire hydrant-. The location of private hydrants aremay be set entirely on private property and are accessible for immediate use of Page 56 of 88 Chapter 13.16 ACC, Fire Hydrants Page 3 of 11 the fire authority at all times.. back from the right of way further than for osdolic hydrants, Fire hydrants connected to a private water main are"Private Fire Hydrants." certain private property. D. "Fire hydrant" means both private hydrants and public hydrants. H. "Rslalic hydrant" means a fire hydrant situated and maintained to provide water for firefighting purposes without restriction as to use for that purpose.The location is skich that it is accessible for immediate use of the fire authority at all times. _lnifc+rm itwild-in_g CedQe- LIuding amen e-ntsa deptec by th J. "L'l" moans the Underwritcrc' I aboratories, Inc. K. "Water authority" means the city water division of the department of public works or any other municipal or qua A-municipal entity distributing water to fire hydrants within the city. (Ord. 4567§2(Exh.A), 1992; Ord.4377§2, 1990; Ord.3064§ 1, 1976.) 13.16.030 dFire hydrant installation, inspection requirements. A. The city engineer may require, according to the Auburn engineering design and construction standards, the installation of fire hydrants when a new main is installed. All new B. All fire hydrants installed or relocated in the city's identified water service boundary area shall be subject to testing and inspection by the city or its designee.All fire hydrants shall be installed in accordance with City of Auburn design and construction standards and applicable permits. Unless otherwise provided by agreement, installation of a hydrant requires payment of an application and inspection fee in the amount set by the City of Auburn fee schedule. All buildings constructed within the city, except as noted beloveti shall be served by fire hydrants installed in accordance with the requirements of this chapter. In addition, presently existing fire Page 57 of 88 Chapter 13.16 ACC, Fire Hydrants Page 4 of 11 hydrants which do not conform with the regi irements and standards of thig chapter, when replaced shall be replaced with hydrants which do conform to the standards and requirements of this chapter.All fire hydrant shall be served by .?. municirpal or quasi municipal water system, nr s otherwise pproyed h„+he fire chief 4ll h ydr�n shall be subject to testing, inspection, and approval by the fire department. EXCEPTIONS: A. New dwellings: Detached single family dwelling :constructed after the effective date of the ordinance codified in this section shall be exempt from the requirements for fire hydrants if all of the following conditions are met: 1. The dwelling is located on a lot zoned R R f ural Residenti l); end _. The lot size is four acres ^r larger nr lc an existing platted lot as of the effective date of the ordinance codified in this section; and 3. The detached accessory buildings that are greater than 1,000 square feet in ground area must be separated from the family dwelling by 50 feet or more; and /1. The dwelling is protected by a residential sprinkler, smoke and heat detection system in accordance with city fire department administrative guidelines.The department may reference nationally recognized codes may be necessary to carry out the directions and intent of this legislation; 5. No dwelling a`ithorized under this exception shall Iec within 50 feet of another dwelling unit. B. Accessory buildings: Accessory buildings to a single family dwelling shall be exempt if one of the following conditions is present: Tho �ccessor„ h i�ding lc more than 50 feet from any dwelling; or 2. The accessory building is less than 1,000 square feet in size. However, the fire chief may apply additional requirements or deny approval if they finds that unacceptable hazards may exist from the siting or construction of any such accessory building. Existing buildings: Page 58 of 88 Chapter 13.16 ACC, Fire Hydrants Page 5 of 11 1. Additions, alterations or repairs:Additions, alterations or repairs may be made to any detached single-family dwelling regulated by this section which existed prior to the effective date of the ordinance codified in this section without requiring the dwelling to comply with the fire hydrant or✓prinlcler system provisions of this section, provided: nffortiio rl�to of the nrrlin�nr-o rnrlifiorl in Chic cortinn 2. Moved and replaced buildings: a. Detached single-family dwellings moved onto locations regulated by this section, shall comply with the provisions of this section. as determined by the building and fire official, &hall comply with the provisions of this section. c. The chief may modify the zoning and acreage requirements as noted in subdivisions 1 and 2 of subsection A of this section, upon application in writing by the owner or their duly authorized representative if the proposed detached single family dwelling to be constructed is to replace an existing more hazardous single family dwelling. D Temporary b likings:Temporary buildings such as construction sheds and on-site living temporary use &luring pc iods of construction of permanent buildings may be located or sprinkler system regi iirements if• 1. A temporary on-site permit is granted by the building and fire officials in accordance with the Akthurn Code,Title 18, Zoning or ACC 15.14.020, Uniform Administration Code. 2. Temporary buildings are removed, vacated or modified to comply with the provisions of 6E1, 1P1,Z; Ord./1057 E 1, 1 Hi.) Page 59 of 88 Chapter 13.16 ACC, Fire Hydrants Page 6 of 11 13.16.050 Flush-type hydrants prohibited. Repealed by Ord. 6952. The installation of flush-type hydrants is prohib;ted unless approved by the fire chief.(Ord.30611 § 1, 1976.) 13.16.060 Installation requirements. Repealed by Ord. 6952.AI1 fire hvdrantE s.h l be installed The installation of all fire hydrants shall be in accordance with the rCi1 'of Ml'iivrn 2 1 2e 1n esiVn'wrnstrrarnd req-u-i-r-€m-en}tc shall apply-tc all bwilding construction projects: A Two cnniec of detaile plan& ors__a___arawings acc irately indicating the location of all v l es and fire hydrantc to be installed than ht.' &�r muted to the fire chief prior to the commencement of any construction. installation. C. All construction of the fire hydrant installation and its attendant water system connection chill rnnfnrm to the dJocirrn stand ardc end cnerifirationc nrc IRo ted by the appropriate wester authority. O D. Fire hydrant installaticnc &hall he adequately protected against vehicular damage, in accordance with standards and specifications promulgated by the appropriate water authority. E-An :xi/ciliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. Page 60 of 88 Chapter 13.16 ACC, Fire Hydrants Page 7 of 11 F. All hydrants shall stud plumb, be set to the finished grade with the lowest outlet of the hydrant no less than 1 E in: ies abveth-e- de end have nn less than 36 inches in diameter of clear area about the hydrant for the clearance of hydrant wrenches on both outlets and the control valve. G. The pumper port shall face the street.Where the street cannot be clearly defined or w iiie pumping, all s determined by the fire chief ��rl from the service mein to the hydrant shall he no less than eilc in hes In diameter Any h ydrant leads over 50 feet in length from water main to hydrant&hall he no less than eight inches in diameter. I. All hydrants newly installed in single-family residential areas s 1all be supplied by not less than eight-inth mains and ckiall be capable of delivering 1,000 gallons per minute fire flow over and abo„e average maxim�`'-n demands at the furthest point of installation. Dead-end mains over 50 feet in length which ✓apply hydrants hall be at--1-east eight inches in size. J. All hydrants newly installed in commercial, industrial, m�`tifamily residential areas and other �milar area shall be ch., licd by not less than eight inch mains` K 411 hyclrantc shall a eat least fide_inch minimum Valve openln`T���� ring Item seal two department specifications and a cii: Ind merh�nirel inint shoe connection In addition III hydrants shall me c+r puhlic h drantc and chill he installeri accnrrling to the specifications of the city fire department L. All pipe,-hall meet relevant AWWA standards. M. The maxima-n distance between fire hydrants in ✓ngle family use district zones skiall be 600 feet mead fired ac the fire vehicle Iwc its hose Page 61 of 88 Chapter 13.16 ACC, Fire Hydrants Page 8 of 11 N. The maurmum distance between fire hydrants in cQmmerrial, industrial, and apartment (including duplex) use district zones shall b !! -- , •• sured as the fire vehicle lays its hose. O. Lateral spacing of fire hydrants shall beapproved by the fire chief and predicated on h elrantc heincs terl at street intercectinnc P. The owner shall he responsible fer notify ng the pprnnriate wester authority end the fire department in writing of the date the fire hydrant installation and its attendant water connection system will be available for use. Q. All hydrants on private property shall be installed the same and meet all of the requirements as established for public hydrants. (Ord. 30ti1 5 1, 107-6,) 13.16.070 Special requirements, responsibilities, and restrictions. A. When required by the city engineer, the owner of private property shall own and be responsible to maintain any private fire hydrant or water main installed on that private property solely to provide it with fire protection. B. Anv such private fire hydrant and water main shall be installed in accordance with City of Auburn engineering design and construction standards, and a backflow device meeting the engineering design and construction standards shall be installed on any privately installed water mains for protection of the public water system. C. The water supplied by private fire hydrants may only be used for fire hydrant maintenance activities or for fire protection. Any other private fire hydrant water use is prohibited, except as ACC 13.06.415 permits. A. Buildings having required fire flows of less than 2,500 gallons per minute may have fire r � n one side of the b iilding only Page 62 of 88 Chapter 13.16 ACC, Fire Hydrants Page 9 of 11 B. When the required fire flow is over 2,500 gallons per minute, the fire hydrants shall be- served by a man which loops around the building or complex of buildings and reconnects back to a distribution oupply main. C. The number of fire hydrant Khali he determinert rn an ave snaring- of 30-0 fee+ in of utility, topography, and building location. Hydrants shall bQ a minimum of 50 feet „^,may from the him Ir�Jingc r n ct_a`_�a�ire minor_de-y ng may- he granted hyi fire rlenartment annrnval of written requests. D. Approved foam-type fire-extinguicihing o,;st-ems, or equivalent, shall be regt aired in arlrlition to fire hydrants in spec) ha3ardous installations sk. s oil refineries, chemisal plant and- similar operations. Systems installed J-ull comply with NFPA No. 16 or the appropriate standard for the type of system. (Ord. 30k I 1, 1P7-6,) 13.16.080 Accessibility. Repealed by Ord. 6952. Hydrants ha l not be obstructed by any structure or vegetation, or have visibility impaired within a distance of 150 feet in any direction „fvnhic liar approach to the hydrant. (Ord.30611 § 1, 1976.) 13.16.090 Dead-end mains prohibited. Repealed by Ord. 6952. Provisions shall be matte wherever appropriate in an„ pr„iect for looping a-I-I-dead end or temporarily dead enc mains` Construction plank mwct be appro„erl h„the appropriate wmeter Page 63 of 88 Chapter 13.16 ACC, Fire Hydrants Page 10 of 11 authority prior to the commencement of construction. Where it is not feasible at the time of approval ands installation to lroo a water system in the opinion of the fire department, the loop requirement may be relaxed if the intent of the code is met and a stub is provided on the main for future expansion.(Ord. 30c'I 5 1, 1P7-6,) 13.16.100 Fire flow requirements. The fire flow requirements of a building, structure, storage pile or area of new development, redevelopment, or change in land use shall be the minimums established in the City of Auburn Engineering Design Standards. For purposes of this chapter, redevelopment shall be as defined in ACC 13.48.010. Building construction, alteration, addition, repair, or change of use may require additional fire flow whenever fire sprinkler systems are required based on building size, occupancy, and use in accordance with Chapter 15.36A ACC. The fire flow requirements of a building, structure, storage pile or area hall be based on criteria established in Appendix III-A of the Uniform Fire Code, 1991 Edition, as amended ate adopted in Chapter 15.36 ACC which is adopted by reference. (Ord. /1567§3(ExY-x 1), 1P92; Ord.4377 § 3, 1990; Ord.30ti1 § 1, 1P7-64 13.16.122 Spacing between hydrants - Buildings more than 150 feet from right-of-way. Repealed by Ord. 6952. right-of way may be modified in accordance with the provvons below provided that the buildings which are required by the Uniform iil`1ing Cod e to he wrinkled chall no* he allowed) h ydJrant snadindr increase except nihon that nnrtinn of huilding is required to be wrinkled— and) that nortinn is minor and inci-El-ental-to-t-h-€ primary occupancy which does not otherwise req-u-i-r'G' wrinlder`__s,hydJrant spacing magi he increaser) from 1 50 feet to 2M feet if the total building is sprinkled.(Ord. 3174§ 1(A), 1977.) Page 64 of 88 Chapter 13.16 ACC, Fire Hydrants Page 11 of 11 13.16.124 Spacing between hydrants - Commercial or industrial buildings. Repealed by Ord. 6952. Hydrants required to serve any commercial or industrial r`iilding or nnrtinn thoroof whirh is more than 150 feet from a p...)alic right-of-way shall be increased to 300 feet; provided, that the building is fullyvprinkled with an approved sprinkler system as wecified in National Fire Protection Association Pamphlet No. 13. . 3171 § 1(B), 1977.) 13.16.126 Spacing between hydrants - Apartment buildings. Repealed by Ord. 6952. Hydrants required to serve any apartment buildings or portions thereof which are more than 150 feet from a public right-of-way shall be increased to 300 feet; provided, that the building is fully -prinkled with an approved sprinkling system as _specified in National Fire Protection Association fkxnphlet No. 13 and equipped with an approved automatic fire detection system as specified in National Fire Protection Association Ramph!et No. 72.(Ord.3174§ 1(C), 1977.) 13.16.130 Penalty. Any violation of this chapter shafImay be enforced pursuant to the provisions of Chapter 1.25 ACC. The provisions of that chapter are not the exclusive remedy and enforcement actions pursuant to the chapter shall not bar or otherwise limit the right of the city to seek all other remedies allowed under applicable law. or to seek and obtain judicial enforcement by means of specific performance, injunctive relief, mandate, or any other remedy at law or in equity. (Ord. 4502§ 10, 1991; Ord.3064§ 1, 1976.) Page 65 of 88 * CITY OF J * Au . - AGENDA BILL APPROVAL FORM * --.00-- WASHINGTON Agenda Subject: Date: Ordinance No. 6953 (Gaub) August 22, 2024 Department: Attachments: Budget Impact: Public Works Ordinance No.6953 Current Budget: $0 FxhibitA Proposed Revision: $0 vtctnitvMan Revised Budget: $0 Administrative Recommendation: City Council to approve Ordinance No. 6953. Background for Motion: This Ordinance amends Ordinance No. 6916, 6893, and 6839 modifying certain conditions associated with vacating Right-of-Way of a portion of West Main Street, east of Lund Road SW within the City of Auburn. Background Summary: The applicant, Ralph Pozzi has indicated to the City that they will be unable to complete conditions associated with Right-of-Way Vacation No. VAC21-0002 previously approved by City Council on December 20, 2021 under Ordinance No. 6839. The Vacation is for a portion of West Main Street, east of Lund Road SW. Vacation Ordinance No. 6839 initially required the applicant to complete conditions associated with the vacation by December 20, 2022. The applicant was unable to complete all conditions by that time and requested an extension to September 20, 2023 which was approved by City Council under Ordinance No. 6893. The applicant was again unable to complete all conditions by September 20, 2023, and requested another extension to September 30, 2024, which was approved by City Council under Ordinance No. 6916. The applicant contacted the City on August 2, 2024, and once again indicated that they would not be able to complete all conditions of the Vacation by the deadline of September 30, 2024. City Staff have reviewed the Right-of-Way and determined that it is still no longer necessary to meet the needs of the City and that the conditions of the Vacation which the applicant is unable to complete could be modified so that the Vacation can take effect. The applicant has agreed that they will be responsible for completing the conditions as modified to be completed after the Vacation takes effect. These conditions include obtaining permits, modifying storm infrastructure and constructing appropriate site improvements within the vacated Right-of-Way that becomes the applicants property including storm drainage, parking, lighting, and landscaping to meet City standards. If adopted, Ordinance No. 6953 amends Ordinance No. 6916, 6893, and 6839 modifying the requirement for the applicant to complete certain conditions associated with Right-of-Way Page 66 of 88 Vacation No. VAC21-0002. A depiction of the vacation area is included with Ordinance No. 6916, Exhibit A and the Vicinity Map, in the packet. Reviewed by Council Committees: Councilmember: Tracy Taylor Staff: Ingrid Gaub Meeting Date: September 16, 2024 Item Number: ORD.D Page 67 of 88 ORDINANCE NO. 6953 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, AMENDING CONDITIONS OF ORDINANCE NO. 6839 ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A PORTION OF WEST MAIN STREET, EAST OF LUND ROAD SW, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington ("City"), approved Ordinance No. 6839 on December 20, 2021, vacating right-of-way located within a portion of West Main Street, east of Lund Road SW, within the City, subject to conditions outlined in that Ordinance; and, WHEREAS, Section 1, Paragraph I of Ordinance No. 6839 required that all conditions of the vacation be completed by December 20, 2022 or the vacation and Ordinance would be null and void; and, WHEREAS, pursuant to Auburn City Code (ACC) 12.48.090 and before the December 20, 2022 deadline in Ordinance No. 6839, the applicant requested additional time to complete the required conditions of Ordinance No. 6839. The City Council granted the request by passing Ordinance No. 6893, which amended Ordinance No. 6839 to extend its vacation condition deadline to September 20, 2023; and, WHEREAS, by letter dated July 10, 2023, the applicant indicated they were not able to complete the vacation conditions in Section 1, paragraphs F and G of Ordinance No. 6839 by the amended September 20, 2023 deadline set by Ordinance No. 6893 and requested additional time to complete the conditions. The City Council granted the request by passing Ordinance No. 6916, which amended Ordinance No. 6839 and 6893 and provided a second extension of time to complete the vacation conditions in Section 1, paragraphs F and G of Ordinance No. 6953 August 21, 2024 Page 1 of 4 Page 68 of 88 Ordinance No. 6839 to September 30, 2024. A copy of Ordinance No. 6919 is attached as Exhibit A; and, WHEREAS, by written correspondence dated August 2, 2024, the applicant has indicated that they will not be able to complete vacation conditions in Section 1, paragraphs F and G of Ordinance No. 6839 by the amended September 30, 2024 deadline set by Ordinance No. 6916; and, WHEREAS, the applicant has agreed that they will be responsible for completing the conditions as stated in Section 1, paragraphs F and G of Ordinance No. 6839 after the right- of-way vacation takes effect if those conditions are modified in the vacation and the applicant has agreed to pursue completion of those conditions after the vacation takes effect to bring the vacated right-of-way that becomes that applicant's property into compliance with City codes and standards; and, WHEREAS, the City has determined that it is in the public interest to amend the conditions of the vacation to modify the requirement to complete the vacation conditions in Section 1, paragraphs F and G of Ordinance No. 6839 and that the vacation of right-of-way of a portion of West Main Street, east of Lund Road SW as described in Ordinance No. 6839 become effective. WHEREAS, the City Council has considered matters concerning the proposed vacation and approves the amendment to modify the requirement for the applicant to complete the requirements in Section 1, paragraphs F and G of Ordinance No. 6839 as conditions of the vacation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, Ordinance No. 6953 August 21, 2024 Page 2 of 4 Page 69 of 88 WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Amendment of City Ordinance. Section 1, Paragraphs F and G of Ordinance No. 6839 are modified to be required following the vacation becoming effective and Paragraph I is amended to read as follows: This vacation shall be effective upon completion of the provisions in paragraph F, G, and H, above. The above described provisions of paragraph H must be completed by December 20, 2022, and the above provisions of paragraphs F and-G must bo completed by Scptcmber 30, 2024, or the vacation and this Ordinance will be null and void, and the provisions of paragraphs F and G must be completed by the vacation applicant following the vacation becoming effective. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Ordinance No. 6953 August 21, 2024 Page 3 of 4 Page 70 of 88 Section 5. Recordation. The City Clerk is directed to record this Ordinance together with Ordinance No. 6916, Ordinance No. 6893, and Ordinance No. 6839 with the office of the King County Auditor only upon completion of those conditions set forth in Ordinance No. 6839, at which time the vacation pursuant to Ordinance No. 6839 shall be effective under Auburn City Code 12.48.080. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 6953 August 21, 2024 Page 4 of 4 Page 71 of 88 Exhibit "A" ORDINANCE NO. 6916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, AMENDING ORD. NO. 6839 AND EXTENDING THE DEADLINE TO COMPLETE CONDITIONS ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A PORTION OF WEST MAIN STREET, EAST OF LUND ROAD SW, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington ("City"), approved Ordinance No. 6839 on December 20, 2021, vacating right-of-way located within a portion of West Main Street, east of Lund Road SW, within the City, subject to conditions outlined in that Ordinance; and, WHEREAS, Section 1, Paragraph I of Ordinance No. 6839 required that all conditions of the vacation be completed by December 20, 2022 or the vacation and Ordinance would be null and void; and, WHEREAS, pursuant to Auburn City Code (ACC) 12.48.090 and before the December 20, 2022 deadline in Ordinance No. 6839,the applicant requested additional time to complete the required conditions of Ordinance No. 6839. The City Council granted the request by passing Ordinance No. 6893, which amended Ordinance No. 6839 to extend its vacation condition deadline to September 20, 2023. A copy of Ordinance,no. 6893 is attached as Exhibit A to this Ordinance; and, WHEREAS, by letter dated July 10, 2023, the applicant has indicated that due to unresolved permitting issues, they will not be able to complete the vacation conditions in Section 1, paragraphs F and G of Ordinance No. 6839 by the amended September 20, 2023 deadline set by Ordinance No. 6893. The applicant again requests additional time to Ordinance No. 6916 ROW Vacation VAC21-0002 August 1, 2023 Page 1 of 3 Page 72 of 88 complete the conditions, and estimates completion by September 30, 2024; and, WHEREAS, the City has determined that the applicant's request to have a second extension of time until September 30, 2024 to complete the conditions in Section 1, Paragraphs F and G of Ordinance No. 6839, is reasonable in light of the unresolved permitting issues, and that it is in the public interest to continue the deadline; and, WHEREAS, the City Council has considered and approves the applicant's request for extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Amendment of City Ordinance. Section 1, Paragraph I of Ordinance No. 6839 is amended to read as follows: This vacation shall be effective upon completion of the provisions in paragraph F, G, and H, above. The above described provisions of paragraph H must be completed by December 20, 2022. and the above Provisions of paragraphs F and G must be completed by September 30, 2024, or the vacation and this Ordinance will be null and void. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid,the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force Ordinance No. 6916 ROW Vacation VAC21-0002 August 1, 2023 Page 2 of 3 Page 73 of 88 five (5) days from and after passage, approval, and publication as provided by law. • • Section 5. Recordation. The City Clerk is directed to record this Ordinance together with Ordinance No. 6893 and Ordinance No. 6839 with the office of the King County Auditor only upon completion of those conditions set forth in Ordinance No. 6839, at which time the vacation pursuant to Ordinance No. 6839 shall be effective under Auburn City Code 12.48.080. INTRODUCED: AUG 2 1 2023 PASSED: AUG 2 1 2023 APPROVED: AUG 2 1 2023 NA 1 :ACKUS, AYOR ATTEST: APPROVED AS— % Shawn Campbell, MMC, ity Cleric Harry Boesche, Ac ing City Attorney PUBLISHED: _NO- 'lL , Tag) 1Y\Vt SJaiikt TOW Ordinance No. 6916 ROW Vacation VAC21-0002 August 1, 2023 Page 3 of 3 Page 74 of 88 • Exhibit A • ORDINANCE NO. 6893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, AMENDING DEADLINE TO COMPLETE CONDITIONS ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A PORTION OF WEST MAIN STREET, EAST OF LUND ROAD SW, WITHIN THE CITY OF AUBURN, WASHINGTON . WHEREAS, the City of Auburn, Washington .("City"), approved Ordinance No. 6839 on December 20, 2021, a copy of which is attached as Exhibit A, vacating right-of-way located within a portion of West Main Street, east of Lund Road SW, within the City, subject to conditions outlined in Ordinance No. 6839; and, WHEREAS, Section 1, Paragraph I of Ordinance No. 6839 required that all conditions of the vacation be completed by December 20, 2022 or the vacation and Ordinance will be null and void; and, WHEREAS, the applicant has requested additional time to complete the conditions set forth in Section 1, Paragraphs F and G of Ordinance No. 6839; and, WHEREAS, the City has determined that the applicant's request to have one extension of time until September 20, 2023 to complete the conditions in Section 1, Paragraphs F and G of Ordinance No. 6839, is reasonable in light of unforeseeable circumstances, and that it is in the public interest to continue the deadline; and, WHEREAS, the City has determined that the deadline to complete all other conditions in Section 1 of Ordinance No. 6839 shall remain December 20, 2022; and, WHERAS, the City Council has considered the request for extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, Ordinance No. 6893 ROW Vacation VAC21-0002 November 7, 2022 Page 1 of 3 Page 75 of 88 WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Extension. The deadline for completing the right of way vacation conditions in Section 1, Paragraphs F and G of Ordinance'No. 6839 is continued in a one- time extension to September 20, 2023. The applicant's deadline to complete all other conditions of the right of way vacation in Ordinance No. 6839 shall remain December 20, 2022. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Ordinance No. 6893 ROW Vacation VAC21-0002 November 7, 2022 Page 2 of 3 Page 76 of 88 Section 5. Recordation. The City Clerk is directed to record this Ordinance together with Ordinance No. 6839 with the office of the King County Auditor only upon completion of those conditions set forth in Ordinance No. 6839, at which..time the vacation pursuant to Ordinance No. 6839 shall be effective under Auburn City Code 12.48.080. INTRODUCED: DEC 0 5 2022 PASSED: DEC 0 5 2022 APPROVED: DEC 0 5 2022 NAN '`k CKUS, MAYOR ATTEST: APPROVED AS TO FORM: , 11�'•l.Y'.Gl- aifYliaAA Vor:Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney PUBLISHED: Ordinance No. 6893 ROW Vacation VAC21-0002 November 7, 2022 Page 3 of 3 Page 77 of 88 Exhibit"A" ORDINANCE NO. 6839 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING'RIGHT-OF-WAY OF A PORTION OF WEST MAIN STREET, EAST OF LUND ROAD SW, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn, Washington ("City'), has received a petition signed by at least two-thirds (2/3) of the owners of property abutting right-of-way located within a portion of West Main Street, east of Lund Road SW, within the City of Auburn, requesting vacation of the right-of-way; and, WHEREAS,as required by Chapter 12.48 of the Auburn City Code, a public hearing was held in connection with the possible vacation, with notice having been provided pursuant to statute; and, WHEREAS, the City Council has considered all matters presented at the public hearing on the proposed vacation, held on the 20th day of December, 2021, at the Auburn City Council Chambers in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Vacation. That the right of way located at a portion of West Main Street, east of Lund Road SW, located within the City of Auburn, Washington, legally described as follows: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF CITY OF. AUBURN SHORT PLAT NUMBER SP-11-85, RECORDED JANUARY 08, 1986 UNDER RECORDING NUMBER 8601080790, IN KING COUNTY, WASHINGTON; THENCE NORTH 86°14'47" WEST ALONG THE NORTH Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 1 of 7 Page 78 of 88 LINE OF SAID LOT 1 A DISTANCE OF 65.87 FEET; THENCE SOUTH 03°45'13" WEST 3.00 FEET TO THE BEGINNING; THENCE CONTINUING SOUTH 03°45'13"WEST 27.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT THE RADUIS POINT OF WHICH BEARS NORTH 03°45'13" EAST DISTANT 2260.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°35'30"AN ARC LENGTH OF 338.89 FEET; THENCE NORTH 77°39'17"WEST 31.05 FEET; THENCE NORTH 86°14'47" WEST 30.07 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS SOUTH 80°54'28" EAST DISTANT 30.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94°02'01° AN ARC LENGTH OF 49.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HABING A RADUIS OF 2233.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°22'20"AN ARC LENGTH OF 365.27 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 10,620 SQUARE FEET, MORE OR LESS. and as shown on the survey,a copy of which is attached, marked Exhibit"A"is vacated and the property lying in the right-of-way described, shall inure and belong to those persons entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the following: A. Reservation in favor of the City of a perpetual Nonexclusive Easement under, over, through and across the vacated right-of-way as described above for the purpose of laying, maintaining, and installing future and existing water, sanitary sewer and storm water facilities and including a reservation in favor of the City of the right to grant easements for utilities over, under and on all portions of the vacated right-of-way as Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 2 of 7 Page 79 of 88 described above. The City shall have the absolute right, at times as may be necessary for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability. The City shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the City. The owners of the adjacent properties agree and shall not in any way block, restrict or impede access and egress to or from said Easement Area, and /or in any way block, restrict or impede full use of the real property within the Easement Area by the City.for the above described purposes. No building, wall, rockery, fence, trees, or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said Easement Area, without the express written consent of the City. Except as required or approved by the City, no excavation shall be made within three feet of said facilities. The surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing except areas that were previously graded and must be re-graded to satisfy conditions of this right-of-way vacation as set forth in paragraphs F and G. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties. Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 3 of 7 Page 80 of 88 B. Under the terms of the reservation set out in Paragraph A above and in accordance with RCW 35.79.030, the City grants a private utility easement to Puget Sound Energy over, under, and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of electric and gas distribution facilities. The owners of the adjacent property shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties. C. In accordance with RCW 35.79.030, the City grants a private utility easement to CenturyLink over, under and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of wireline telecommunications facilities. The owners of the adjacent properties shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all •parties. Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 4 of 7 Page 81 of 88 D. In accordance with RCW 35.79.030, the City grants a private utility easement to Comcast over, under and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of cable facilities. The owners of the adjacent properties shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties. E. It is provided, however that such reserved or granted utility and access easements as set out in Paragraphs A, B, C and D above may be modified to accommodate a removal, relocation and sitting of the affected utility lines if the Utility and the property owners on whose property the utility lines are located agree to the removal relocations and sitting being paid by said property owners and with the removal relocation and sitting being done in conformity with applicable standards. F, The applicant shall move the existing fence to the current property line ( as it exists prior to vacation) and obtain a Grading Permit to remove gravel and construct proper site improvements for storm drainage to storm inlet structures, parking, lighting and landscaping per City requirements and Engineering Design and Construction Standards. Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 5 of 7 Page 82 of 88 G. The applicant shall obtain required permits and replace the domed storm inlet structures with a standard grate and shall install concrete aprons around all storm inlet structures per the City's Standard Details. H. In accordance with RCW 35.79.0360 and ACC 12.48.085, compensation to the City of Auburn, shall be made by the owner or owners of property adjacent thereto in the total amount of Forty-five Thousand ($45,000.00) Dollars for the full appraised value of the right-of-way,which has been right-of-way for more than twenty-five(25)years and for which public funds were expended. I. This vacation shall be effective upon completion of the provisions in paragraph F, G, and H, above. The above described provisions must be completed by December 20, 2022 or the vacation and this Ordinance will be null and void. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid,the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force five(5)days from and after passage, approval, and publication as provided by law. Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 • Page 6 of 7 Page 83 of 88 Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor only upon completion of those provisions set forth in Section 1, Paragraphs F, G, and H, above, at which time the vacation pursuant to this Ordinance shall be effective under Auburn City Code 12.48.080. INTRODUCED: DEC 2 0 2021 PASSED: GEC 2 0 2021 APPROVED: DEC 2 0 2021 J44 .►.. ��. . ANCY NUS, MAYOR ATTEST: APPROVED AS TO FORM: SZ\m„ C r-br UAA Comowtn Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney PUBLISHED: Ordinance No. 6839 • ROW Vacation VAC21-0002 November 3, 2021 Page 7 of 7 • Page 84 of 88 EXHIBIT A PAGE 1 RIGHT OF WAY VACATION LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF CITY OF AUBURN SHORT PLAT NUMBER SP-11-85, RECORDED JANUARY 08, 1986 UNDER RECORDING NUMBER 8601080790, IN KING COUNTY, WASHINGTON; THENCE NORTH 8614'47" WEST ALONG THE NORTH UNE OF SAID LOT 1 A DISTANCE OF 65.87 FEET; THENCE SOUTH 03'45'13" WEST 3.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 03'45'13" WEST 27.00 FEET TO THE BEGINNING OF A NON—TANGENT CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS NORTH 03'45'13" EAST DISTANT 2260.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8'35'30" AN ARC LENGTH OF 338.89 FEET; THENCE NORTH 77'39'17" WEST 31.05 FEET; THENCE NORTH 8614'47" WEST 30.07 FEET TO THE BEGINNING OF A NON—TANGENT CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS SOUTH 80'54'28" EAST DISTANT 30.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94'02'01" AN ARC LENGTH OF 49.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2233.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9'22'20" AN ARC LENGTH OF 365.27 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 10,620 SQUARE FEET, MORE OR LESS. A PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 13, T21 N, R4E, W.M. 441 : f informed land survey • ',I; POBox5137• �.• of S Tacoma, WA 98415-11137 ���e 411 . Phone:253.627-2070 admin'ti/andsu vey.com • • ssf, • www.1-IandSUNev.com '�: . crstE�``O J LAND SURVEYING•MAPPING•CONSTRUCTION LAYOUT • 1. 0,5/2), Page 85 of 88 EXHIBIT A PAGE 2 RIGHT OF WAY VACATION DEPICTION I I2 IA • ...IQ?'3��171V 0.0' BPOINT OF Vir,r2 EGINNING I G _A��2`_ _ WMAIN sr I ti I ' 33.0'� _... 1 , _ 63 , 6(RAD) n1 • CZ ,3 L1 POINT OF C) COMMENCEMENT LOT 1 10,620 SQ. FT. I`i CITY OF AUBURN SHORT PLAT TO BE VACATED SP-11-85 IRECORDING NO. 8601080790 CURVE ARC LE:NgTH RADIUS DELTA fANCLE Cl 338.89 2260.00' 8'35 30 C2 49.24' 30.00' 94 02'01' C3 365.27' 2233.00' 9'22'20" UN R L1 N86'14 47 5.87 12 SO3'45'13 3.00' L3 SO3'45'13 27.00' VN7T39'17 31.05' N86'14'47 30.07' S80'54'28"E 30.00' .. 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