HomeMy WebLinkAbout09-14-2015 9-14-2015 CITY COUNCIL STUDY SESSION AGENDAAlityrB
URN
WASHINGTON
City Council Study Session
September 14, 2015 - 5:30 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Roll Call
11. ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
111. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Main Street Urban Design Project - Initial Design Concepts Presentation
(30 Minute Presentation /10 Minute Q &A)* (Snyder)
B. System Development Charges (SDCs) - Annual Review(10 Minute
Presentation /5 Minute Q &A )* (Snyder)
C. Transit Service Partnership Renewal (Route 910) (5 Minute Presentation /5
Minute Q &A)* (Snyder)
D. Right of Way Standards (20 Minute Presentation /30 Minute Q &A)* (Snyder)
E. Right of Way Vacation Policy (10 Minute Presentation /15 Minute Q &A)*
(Snyder)
IV. OTHER DISCUSSION ITEMS
V. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 1 of 101
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AuBuRN ITY Cdr •
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Main Street Urban Design Project - Initial Design Concepts September 9, 2015
Presentation (30 Minute Presentation /10 Minute Q &A)
Department: Attachments: Budget Impact:
Community Development & Main street Urban Design Project SVR $0
Public Works Presentation
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Other: Community Development
Councilmember: Staff: Snyder
Meeting Date: September 14, 2015 Item Number: DI.A
AUBURN * MORE THAN YOU IMAGINED Page 2 of 101
Septemberl4, 2015
SvR Design Company
VIA Architecture + Urban Design
Process
1. Research
2. Test alternatives
3. Craft preferred vision
DI.A Page 4 of 101
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The goals of the Main Street Urban Design Study are to foster:
• vitality by continuing Auburn's investment in creating an amazing downtown;
• empowerment by providing ways for everyone to make improvements that will
improve downtown;
• coherency by developing a cohesive vision for Main Street;
• legitimacy by providing realistic costs and implementation pathways;
• flexibility - by accommodating multiple programming opportunities along the
corridor;
• resilience by embedding sustainability strategies as part of Main Street's
identity and character, and
• support and excitement for the plan amongst all members of the Auburn
community.
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one question
DI.A
Page 7 of 101
AUBURN CLEAN SWEEP
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Page 8 of 101
BACK TO TRT FUTURE
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Page 10 of 101
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George...
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where he can age in place
comfortably,
The
who live in Lakelanc Hills,
anc who are looking for a
place nearby to meet friencs
that woulc also be fun for their
kics.
Page 12 of 101
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Page 18 of 101
MAINTENANCE
CREATING VALUE
OVER TIME
INFRASTRUCTURE
SOCIAL SERVICES
PROGRAMMING
DESIGN ALTERNATIVES
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Page 24 of 101
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Page 30 of 101
2'
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SOUTH
R/W
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NORTH
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8'
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Page 31 of 101
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Page 33 of 101
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Page 34 of 101
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Page 37 of 101
ACTIVITY CENTERS
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Page 38 of 101
PLAZA PARK: LIGHT INTERVENTIONS
PLAZA PARK: PROGRAMMING
OUTDPt MOVIE
FARVER'S VAR
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COMMUNITY CONT of 1000MMUNITY DINNERS
B STREET PLAZA AS PLACE
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QUESTIONS?
Page 47 of 101
Septemberl4, 2015
Suit Design Company
VIA Architecture + Urban Design
DI.B
AUBURN
WASH I NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
System Development Charges (SDCs) - Annual Review(10 September 3, 2015
Minute Presentation /5 Minute Q &A )
Department:
CD & PW
Attachments:
Attachment A
Administrative Recommendation:
Budget Impact:
$0
For discussion only.
Background Summary:
Resolution No. 5134 adopted the 2015 System Development Charges (SDCs) as a
part of the funding available for Auburn's water, sanitary sewer and storm drainage
utility systems. Each new connection pays SDCs to buy into the use of the existing
utility systems infrastructure and to provide a portion of the revenue needed for
expansions and upgrades necessary to serve new connections.
In accordance with Auburn Municipal Code ACC 13.41.030, the SDCs will be
reviewed annually. The City Council has indicated a desire that future annual changes
will, at a minimum, reflect changes in the Engineering News Record Construction Cost
Index (ENR CCI) for Seattle, WA, but not be less than 0 %.
Background
The ENR -CCI for Seattle takes into account local variations in labor and material
rates. These material and labor rates are reflected in public works bids that the City of
Auburn receives for its public works projects. The SDCs from new customers provide
a portion of the revenue used to pay for these public works projects.
The ENR -CCI indicates an average annual increase of 2.4% for the period January
2015 through July 2015. The proposed changes to the City's existing Fee Schedule
for water, sewer, and storm SDCs that would result from applying this increase are
shown in Attachment A.
These proposed changes, together with any other Fee Schedule revisions, would be
presented to the City Council for consideration at a December 2015 Council meeting
and, if adopted, would go into effect on January 1, 2016.
AUBURN * MORE THAN YOU IMAGINED Page 49 of 101
DI.B
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 14, 2015
Staff: Snyder
Item Number: DI.B
AUBURN * MORE THAN YOU IMAGINED Page 50 of 101
Attachment A
Proposed 2016 Water, Sewer, and Storm
System Development Charges
SDC
2015 2016
$6,272.00
Sewer(2)
$2,327.00 $2,383.00*
Storm(3)
$1,162.00 $1,190.00*
(')For a 3/" and 1" meter (1 Equivalent Residential Unit or ERU)
(2 )For 1 Residential Customer Equivalent (RCE)
(3)For 1 Equivalent Service Unit (ESU)
*Based on Seattle Construction Cost Index (CCI) annual increase of 2.4 %.
DI.B Page 5'
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C=ITY or
AUBURN
WASH I NCTO
AGENDA BILL APPROVAL FORM
Agenda Subject:
Transit Service Partnership Renewal (Route 910) (5
Minute Presentation /5 Minute Q &A)
Department:
CD & PW
Attachments:
Resolution No. 5167
Transit Service Agreement Amendment #2
Map Routes 910 090815
Maps
Administrative Recommendation:
Date:
September 8, 2015
Budget Impact:
$0
For discussion only.
Background Summary:
On December 22, 2008, the City of Auburn and King County entered into a Transit
Service Direct Financial Partnership Agreement for additional transit service within
Auburn. Section 4.1 of the Agreement provided that service specified in Attachment A
would expire five years after the start of the service unless extended. This proposed
Amendment 2 is specific to the extension of Metro Route 910 which was started in
October 2010. Initially the Route 910 was included in the list of cuts proposed by
Metro in 2014. Metro and the City now desire to extend the Agreement to provide the
enhanced transit service for Route 910 for an additional five -year period.
The costs for this service were not originally included in the 2016 City budget due to
the proposed Metro cuts. However, in light of this cut not taking place, the costs for
the City's participation was included in the recent Transportation Improvement Plan
update approved by Council in June 2015 and will be included in Budget Adjustment
No. 4 that is anticipated to be before the Council for consideration in November 2015.
Funding for this will be from the 102 Arterial Street Fund.
Due to the expiration of the current service in October of 2015, the proposed
Resolution will be before the Council for action at the September 21st City Council
meeting.
Reviewed by Council Committees:
Councilmember:
Staff: Snyder
AUBURN * MORE THAN YOU IMAGINED Page 52 of 101
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Meeting Date:
September 14, 2015 Item Number: DI.0
AUBURN * MORE THAN YOU IMAGINED Page 53 of 101
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RESOLUTION NO. 5 1 6 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A SECOND
ADDENDUM TO THE TRANSIT SERVICE DIRECT
FINANCIAL PARTNERSHIP AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING
COUNTY
WHEREAS, On December 22, 2008, the City of Auburn and King County
(the Parties) entered into a Transit Service Direct Financial Partnership
Agreement (the "Agreement "); and
WHEREAS, Section 4.1 of the Agreement provided each service
specified in Attachment A would expire five years after the start of the service
unless extended; and
WHEREAS, the transit service enhancements provided for in Part II of
Attachment A (i.e. Route 910) to the Agreement were implemented on or about
October 2, 2010; and
WHEREAS, the Parties now desire to extend the Agreement to provide
the enhanced transit service described in Part II of Attachment A for an
additional five -year period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a 2nd
Addendum to the Transit Service Direct Financial Partnership Agreement
Resolution No. 5167
August 21, 2015
Page 1 of 2
Page 54 of 101
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between the City of Auburn and King County, which Addendum shall be in
substantial conformity with the Addendum attached hereto as Exhibit "A ".
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of , 2015.
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 5167
August 21, 2015
Page 2of2
CITY OF AUBURN
NANCY BACKUS, MAYOR
Page 55 of 101
DRAFT
AMENDMENT No. 2
to the
TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT
between
KING COUNTY
and
THE CITY OF AUBURN, WASHINGTON
This Amendment No. 2 to the Transit Service Direct Financial Partnership Agreement
( "Amendment No. 2" or the "Second Amendment ") is made by and between King County, a
home rule charter county of the State of Washington, by and through its Department of
Transportation, Metro Transit Division (hereinafter the "County" or "Metro Transit ") and the
City of Auburn (the "City), a Washington municipal corporation (referred to as "Service
Partner"), both of which entities may be referred to hereinafter individually as "Party" or
collectively as the "Parties."
WHEREAS, on December 22, 2008 the Parties entered into a Transit Service Direct Financial
Partnership Agreement (the "Agreement "); and
WHEREAS, Section 4.1 of the Agreement provides that each service specified in Attachment
A to the Agreement will expire five (5) years after the start of service , unless extended
pursuant to the terms of the Agreement; and
WHEREAS, Section 4.1 of the Agreement further provides that if, after five (5) years the
enhanced transit service described in PART II of Attachment A to the Agreement is deemed
viable by the County pursuant to the performance indicators set forth in Section 2.2 of the
Agreement and the additional performance benchmarks specified in Attachment A of the
Agreement, and the Service Partner desires to have Metro continue to provide the enhanced
transit service beyond the initial period, the Agreement may be extended by the Transit
General Manager; and
WHEREAS, the transit service enhancements provided for in Part II of Attachment A in the
Agreement were implemented on or about October 2, 2010; and
WHEREAS, on January 7, 2015 the Parties extended the Agreement to provide the enhanced
transit service described in Part I of Attachment A (i.e., Lakeland Hills- Auburn Sounder
Station route) for an additional thirteen -month period, during which the Parties agreed to
evaluate whether or not to extend the Agreement again consistent with the provisions of
Section 4.1 of the Agreement; and
AMENDMENT NO. 2 to the Transit Service Direct Financial Partnership Agreement
between King County and the city of Auburn, Washington
Page 1 of 2
DLC
Page 56 of 101
WHEREAS, the County and the City of Auburn now desire to extend the Agreement to
provide the enhanced transit service described in Part II of Attachment A (i.e., Route 910) for
an additional five -year period; and
WHEREAS, Section 8 of the Agreement provides that the Agreement may be amended or
modified by written agreement of the Parties, and further provides that such amendments and
modifications may be made for the County by Metro's General Manager when such
amendments are consistent with the intent and purpose of the Agreement; and
WHEREAS, no other changes are contemplated except as included in Amendment No. 1.
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth
herein, the Parties agree to amend the Agreement as follows:
1. Extension of Term of Agreement
As provided for in Section 4.1, the enhanced transit service described in Part II of
Attachment A (Route 910) in the Agreement is extended until September 30, 2020.
2. No Other Modifications.
Except as specifically provided for in this Amendment No. 2, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
3. Effective Date.
This Amendment No. 2 shall be effective upon execution by the Parties.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives
to execute this Amendment No. 2 to the Agreement as of the date set forth below their
signatures.
KING COUNTY SERVICE PARTNER
City of Auburn
By: By:
Kevin Desmond Name
General Manager, Metro Transit Division Its: Mayor
Department of Transportation
Date: Date:
AMENDMENT NO. 2 to the Transit Service Direct Financial Partnership Agreement
between King County and the city of Auburn, Washington
Page 2 of 2
DLC
Page 57 of 101
TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT
BY AND BETWEEN
KING COUNTY
AND
THE CITY OF AUBURN, WASHINGTON
AND
PIERCE TRANSIT
THIS TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT (the
"Agreement ") is made by and between King County, a political subdivision of the State of Washington and
home rule charter county with broad powers to provide public transportation within the County's
geographic boundaries, by and through the King County Department of Transportation, Metro Transit
Division (the "County" or "Metro Transit "), the City of Auburn and the Pierce County Public
Transportation Benefit Authority (or "Pierce Transit ") ( both Washington municipal corporations )
(Referred to collectively as "Service Partner," whether one entity or multiple entities), all of which entities
may be referred to hereinafter individually as "City of Auburn" or "Pierce Transit" or collectively as the
"Parties."
WHEREAS, in September 2006 the King County Council adopted Ordinance 15582, the Transit
Now ordinance, directing the submission of a proposition to King County voters to fix and impose
an additional sales and use tax of one -tenth of one percent to fund expansion of the King County
Metro public transportation system and a variety of transit service improvements; and
WHEREAS, the Transit Now ordinance identified a number of transit service measures to be
implemented using the one -tenth of one percent sales and use tax collected through Transit Now
that focus on capital, operating, and maintenance improvements that are expected to expand and
improve bus service on local streets and arterials within King County; and
WHEREAS, mutually beneficial contractual arrangements with other public and private entities
( "service partnerships ") that leverage public and private funds to provide both new and better bus
service to cities and major employers is one of four key strategies (the "Service Partnership
Program ") identified in the Transit Now proposition approved by King County voters in the
general election on November 7, 2006; and
WHEREAS, the Service Partnership Program is also designed and intended to support the service
development objectives and financial strategies of the Metro Transit's Ten -Year Strategic Plan for
Public Transportation 2007 -2016; and
WHEREAS, the Service Partnership Program will provide commute alternatives for Pierce
County residents who work in King County; and
WHEREAS, the Ten -Year Strategic Plan for Public Transportation 2007 — 2016 adopted by the
King County Council November 13, 2007 Strategy IM -3 exempts service partnerships, schedule
maintenance, contracted services or partnership agreements from subarea allocation and reduction
requirements; and
WHEREAS, Service Partner has submitted an application for a direct financial partnership for
transit service and has met the criteria established by the County for awarding such partnerships;
and
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page 1 of 16
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Page 58 of 101
WHEREAS, the proposal submitted by Service Partner has been deemed to show a potential gain
in ridership; and
WHEREAS, the proposal submitted by Service Partner has been approved by the King County
Council,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND
AGREEMENTS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED BY THE PARTIES, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to enter into a mutually beneficial contractual relationship for
enhanced transit services consistent with the goals and directives of the Transit Now ordinance
and initiative as authorized by King County Council Ordinance 15582 (approved in September
2006) and passed by the voters of King County as Transit Now in the general election on
November 7, 2006 to leverage sustainable local resources for transit service and to increase transit
ridership.
This Agreement establishes the responsibilities of the Parties in relation to the transit service
partnership, including methods for financing, implementing, monitoring, improving and
terminating the partnership.
2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide transit service enhancements in accordance with the service
specifications set forth in Section II.0 of Attachment A, which is incorporated herein and made a
part of this Agreement by this reference, pursuant to which the County and City of Auburn will
share the fully allocated cost of the increased service hours at a rate of not more than two - thirds
from County funds to not less than one -third from City of Auburn funds (actual contribution
specified in Attachment A). Fully allocated costs include the cost of fuel, maintenance, driver
wages, service supervision, infrastructure maintenance, revenue collection, scheduling, rider
information, data analysis; and administrative and management costs. The County's cost
allocation model will be used to determine the City of Auburn's contribution for service described
in Section II of Attachment A The County will manage the service in accordance with its regular
procedures and as may be further specified in this Agreement. The Parties understand and agree
that, notwithstanding Service Partner's financial contribution, the transit service referenced herein
will be open to the general public.
2.2 The County will include the new transit service enhancements provided for under this Agreement
in its annual route performance monitoring. Enhanced transit service provided for via service
partnerships will be expected to perform at or above the Metro Transit subarea average for its
particular type of service in at least three of the four standard indicators monitored in Metro's
annual Route Performance Report:
a) Rides per revenue hour;
b) The ratio of fare revenue to operating expense;
c) Passenger miles per revenue hour; and
d) Passenger miles divided by platform miles.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 9I9
Page 2 of 16
DI.0 Page 59 of 101
2.3 More specific benchmarks applicable to the enhanced transit service provided for herein are set
forth in Attachment A. Three (3) years after implementation of the enhanced transit service
provided for herein and annually thereafter, the County will make a determination as to the
productivity and viability of the service. The County will notify Service Partner of its assessment
of the service's productivity, performance, and ongoing viability. If the County deems that
changes can be made to improve the service, the County and Service Partner will discuss possible
modifications and may agree on any decisions to modify the service enhancements provided for
herein, provided, however, that any such modifications shall be consistent with the requirements
set forth in KCC 28.94.020(B)(2). After consultation with Service Partner, if the County
determines that the enhanced service provided for herein is not viable based upon performance,
and proposed changes are insufficient to boost productivity beyond a minimum threshold as may
be established and the Parties cannot agree on a substitute investment on a different route or a
different corridor, the County will notify Service Partner of its intention to terminate the
Agreement. Throughout, the County recognizes that statutory responsibility for making
significant changes to, or eliminating, services described in Section I of Attachment A rests with
Pierce Transit.
2.4 Monetary Contributions. The County will contribute, via payment of billings from Pierce
Transit twice per year, as specified in Section 5.2 of this Agreement, no more than two thirds of
the cost of the enhanced service described in Section I of Attachment A. The amount of the
County's actual yearly monetary contributions are to be determined by application of the cost
allocation calculation specified in Section I of Attachment A, which is attached hereto and
incorporated herein by this reference. If application of that cost allocation formula yields a higher
dollar amount, the County shall pay the larger amount.
3. SERVICE PARTNER'S RESPONSIBILITIES
3.1 Monetary Contributions. Service Partner will contribute at least one -third of the cost of the
enhanced service described in Attachment A, in an amount not less than US$100,000 per year for
at least five (5) years to add to existing transit service or a minimum of US$200,000 per year for at
least five (5) years to implement new transit service. The foregoing dollar amounts represent the
minimum monetary contributions that Service Partner will be responsible for pursuant to this
Agreement. The amount of Service Partner's actual yearly monetary contributions, over and above
the minimum yearly contributions specified in this Subsection 3.1, are to be determined by
application of the cost allocation calculations specified in Attachment A, which is attached hereto
and incorporated herein by this reference. If application of those cost allocation formulae yields a
higher dollar amount, Service Partner shall pay the larger amount.
3.2 Transit Service Enhancements. In addition to the financial contributions referenced in
Subsection 3.1, the City of Auburn will undertake a number of additional actions that are expected
to increase ridership on the enhanced bus services provided for herein, including, but not limited
to implementation of transportation demand management programs, parking management, service
promotions, and communication infrastructure and transit signal priority improvements. The
transit service enhancements to be undertaken by the City of Auburn pursuant to this Agreement
are set forth more fully in Attachment A, which is attached hereto and incorporated herein by this
reference, The Parties acknowledge and agree that the goal of this Agreement is to increase
ridership. Toward that end, the Parties agree to work together in good faith to refine the details of
the required transit service enhancements in order to assure effective and timely implementation.
3.3 Pierce Transit will establish and operate transit service enhancements in accordance with the
service specifications set forth in Section I.0 of Attachment A, which is incorporated herein and
made a part of this Agreement by this reference, pursuant to which the County and Service Partner
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page 3 of 16
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will share the cost of the increased service hours at a rate of not more than two - thirds from County
funds to not less than one -third from Partner funds (actual contribution specified in Attachment
A). While Pierce Transit will hold authority and responsibility for conducting public participation
processes in advance of any significant service modification, as defined by Pierce Transit's
adopted service modification procedures, Pierce Transit will work together with the County and
City of Auburn in the design and implementation of such changes. Pierce Transit's cost allocation
model will be used to determine the County and Service Partner contributions for service
described in Section I of Attachment A. Pierce Transit will provide performance data using its
standard ridership and service monitoring practices. The Parties understand and agree that,
notwithstanding the Parties' financial contributions, the transit service referenced herein will be
open to the general public.
4. TERM OF AGREEMENT
4.1 This Agreement shall commence upon signing by the Parties and, for each service specified in
Attachment A, expire five (5) years after the start of that service, unless extended or earlier
terminated pursuant to the terms of this Agreement. If after five (5) years the enhanced transit
service described in Section U of Attachment A is deemed viable by the County pursuant to the
performance indicators set forth in Section 2.2 of this Agreement and the additional performance
benchmarks specified in Attachment A, and the City of Auburn desires to have Metro Transit
continue to provide the enhanced transit service beyond the initial five year period, this Agreement
may be extended by the Transit General Manager for an additional five years without additional
approval by the King County Council. If after five (5) years the enhanced transit service described
in Section I of Attachment A is deemed viable by the County pursuant to the performance
indicators set forth in Section 2.2 of this Agreement and the additional performance benchmarks
specified in Attachment A, and the Parties desire to have Pierce Transit continue to provide the
enhanced transit service beyond the initial five year period, this Agreement may be extended by
the Parties for an additional five years without additional approval by the King County Council or
Pierce Transit Board of Commissioners.
4.2 This Agreement is subject to review and approval by the King County Council and, if necessary,
the governing bodies of any other governmental entities that are a Party to this Agreement.
5. INVOICES/PAYMENT PROCEDURES
5.1 The County will invoice the City of Auburn twice each year for its contribution, as specified in
Section 3.1 of this Agreement, to the transit service described in Section II of Attachment A. The
City of Auburn will receive two (2) billings each calendar year for the actual costs incurred by the
County to operate or manage the service.
5.2 Pierce Transit will invoice the County and the City of Auburn twice each year, as specified in
Section 2.4 of this Agreement, for the transit service described in Section I of Attachment A. The
County and City of Auburn will receive two (2) billings each calendar year for the actual costs
incurred by Pierce Transit to operate the service.
5.3 Estimates of the total service costs based on scheduled service hours are shown in Attachment A.
These estimates will be adjusted in January each year, based on the per mile and per hour rates for
that year. King County will provide these adjustments to the City of Auburn for service described
in Section II of Attachment A. Pierce Transit will provide adjustments to King County and the
City of Auburn for service described in Section I of Attachment A.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
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5.4 The City of Auburn shall make payment to the County within forty -five (45) days after receipt of
an invoice. Should the City of Auburn fail to pay the County the amount due within forty -five
(45), days of receipt of a billing invoice from the County, a late payment assessment shall be
applied to any outstanding balance due for that invoice. The late payment assessment shall be
fixed at the maximum rate allowable under Washington state law.
5.5 The County and City of Auburn shall make payment to Pierce Transit within forty -five (45) days
after receipt of an invoice. Should either the County or City of Auburn fail to pay Pierce Transit
the amount due within forty -five (45) days of receipt of a billing invoice from the Pierce Transit, a
late payment assessment shall be applied to any outstanding balance due for that invoice. The late
payment assessment shall be fixed at the maximum rate allowable under Washington state law.
6. INDEMNIFICATION AND LEGAL RELATIONS
6.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives
no right to any other person or entity. No joint venture or partnership is formed as a result of this
Agreement. No employees or agents of one Party or its contractors or subcontractors shall be deemed,
or represent themselves to be, employees, agents, contractors or subcontractors of the other Party.
6.2 Each Party shall comply, and shall ensure that its contractors and subcontractors, if any, comply with
all federal, state and local laws, regulations, and ordinances applicable to the work and services to be
performed under this Agreement.
6.3 Each Party shall protect, defend, indemnify and save harmless the other Party, its elected officials,
officers, officials, employees and agents while acting within the scope of their employment as such,
from any and alI costs, claims, judgments, and /or awards of damages, arising out of or in any way
resulting from each Party's own negligent acts or omissions. Each Party agrees that it is fully
responsible for the acts and omissions of its own subcontractors, their employees and agents, acting
within the scope of their employment as such, as it is for the acts and omissions of its own employees
and agents. Each Party agrees that its obligations under this provision extend to any claim, demand,
and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under
Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the
extent necessary to provide the indemnified Party with a full and complete indemnity of claims made
by the indemnitor's employees. The Parties acknowledge that these provisions were specifically
negotiated and agreed upon by them.
6.4 Each Party's rights and remedies in this Agreement are in addition to any other rights and remedies
provided by law.
6.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The
Superior Court of King County, Washington, located in Seattle, Washington, shall have exclusive
jurisdiction and venue over any legal action arising under this Agreement.
6.6 The provisions of this section shall survive any termination of this Agreement.
7. INSURANCE REQUIREMENTS
Each party shall self - insure or procure and maintain for the duration of the Agreement, insurance or self -
insurance against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of this agreement by the Parties.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
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Page 62 of 101
8. CHANGES AND MODIFICATIONS
This Agreement may be amended or modified only by prior written agreement signed by the
Parties hereto. Such amendments and modifications may be executed by the General Manager of
the County's Transit Division without additional Council approval, so long as any such
amendments are consistent with the intent and purpose of this Agreement.
9. TERMINATION OF AGREEMENT
9.1 Either Party may terminate this Agreement, in whole or in part, in writing if the other Party
substantially fails to fulfill any or all of its obligations under this Agreement through no fault of
the other; provided, however, that, insofar as practicable, the Party terminating the Agreement will
give not less than 135 calendar days prior to the County's February, June or September service
change, by written notice delivered by certified mail, return receipt requested, of intent to
terminate.
9.2 In addition to termination under Paragraph 8.1 of this Section, the County or Pierce Transit may
terminate this Agreement pursuant to the provisions of Section 2.3 of this Agreement, in whole or
in part, provided, that the other parties to this agreement will be given not less than 135 calendar
days prior to the County's February, June or September service change, by written notice
delivered by certified mail, return receipt requested, of intent to terminate.
9.3 If any Party terminates, the other Parties will pay the County and/or Pierce Transit a pro -rated
amount for services performed in accordance with the Agreement to the date of termination.
10. FORCE MAJEURE
All Parties shall be excused from performing their obligations under this Agreement during the
time and to the extent that it is prevented from performing by a cause beyond its control,
including, but not limited to: any incidence of fire, flood, earthquake or acts of nature; strikes or
labor actions; commandeering material, products, or facilities by the federal, state or local
government; and/or national fuel shortage; when satisfactory evidence of such cause is presented
to the other Party, and provided further that such non - performance is beyond the control and is not
due to the fault or negligence of the Party not performing. In no event, however, shall this
provision eliminate the obligation to make payment to the County for work performed in
accordance with this Agreement.
11. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of
breach of any provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of this Agreement
unless stated to be such in writing, signed by authorized Parties and attached to the original
Agreement.
12. ASSIGNMENT
This Agreement shall be binding upon the Parties, their successors, and assigns; provided,
however, that no Party shall assign or transfer in any manner any interest, obligation or benefit of
this Agreement without the others' prior written consent.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
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Page 63 of 101
13. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer on any person or entity other
than the Parties hereto and their respective successors and assigns any rights or remedies under or
by virtue of this Agreement.
14. MUTUAL NEGOTIATION AND CONSTRUCTION
This Agreement and each of the terms and provisions hereof shall be deemed to have been
explicitly negotiated between, and mutually drafted by, the Parties, and the language in all parts of
this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or
against either Party.
15. ALL TERMS AND CONDITIONS
This Agreement merges and supersedes all prior negotiations, representations and agreements
between the Parties related to the subject matter hereof and constitutes the entire agreement
between the Parties. This Agreement may be amended only by written agreement of the Parties.
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the Parties hereto.
16. CONTACT PERSONS
The County and Service Partner shall designate a contact person for purposes of sending inquiries
and notices regarding the execution and fulfillment of this Agreement.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page7ofl6
DI.0 Page 64of101
Service Partner .
Contact Name
Joe Welsh
Kelly Hayden
Organization
City of Auburn Public Works
Pierce Transit
Title
Transportation Planner
Director of Service Planning
Address
25 W. Main Street
P.O. Box 99070
Fax
Auburn, WA 98001
Lakewood, WA 98499
matt.hansen @kingcountv.gov
Telephone
253 - 804 -5050
253- 984 -8217
Fax
253- 931 -3053
253 -589 -6364
E -Mail
jwelsh @auburnwa.gov
khayden @piercetransit.org
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page7ofl6
DI.0 Page 64of101
King County
Contact Name
Matt Hansen
Title
Supervisor, Market Development, Metro Transit Division
Address
YES -TR -0600
400 Yesler Way
Seattle, WA 98104
Telephone
206- 263 -3598
Fax
206- 684 -2058
E -Mail
matt.hansen @kingcountv.gov
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page7ofl6
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17. Each Party warrants and represents that its execution of this Agreement has been authorized by its
governing body, via King County Ordinance No. 16041 dated March 24, 2008, and via City of
Auburn Resolution No. 4418, dated November 17, 2008, and via Pierce Transit Resolution No.
08 -035 dated October 13, 2008.
18. Effective Date. This Agreement shall take effect when it is signed by all the Parties hereto.
IN WUNESS WHEREOF the Parties hereto have executed this Agreement on the . 2 "day of
, 2008.
PIERCE TRA . IT
By ��.
�✓ ;AP
Title:
CITY OF A
By: t,� n
Title: /�l 4'/ el L-
Date: NOV 172008
Date:
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page 8 of 16
DI.0 Page 65 of 101
ATTACHMENT A
Direct Financial Partnership Scope of Work
City of Auburn
Pierce Transit
For the purpose of defining the responsibilities of the three partners, this attachment is divided
into two parts:
Part I. Lakeland Hills (Partners are King County, Pierce Transit and the City of Auburn).
Part II. Routes 910 and 919 (Partners are City of Auburn and King County).
The table in the appendix to this attachment depicts the overall cost estimates as a combined
partnership.
I. Lakeland Hills Partnership
A. Service Description
The Lakeland Hills- Auburn Sounder Station route will be a commuter service to be
established and operated by Pierce Transit through a funding partnership with the
County and City of Auburn. The Lakeland Hills feeder will operate between Lake
Tapps Parkway and Auburn Station, with one -way service to the station in the a.m.
peak and from the station to Lakeland Hills in the p.m. peak. The intent of the new
service on the Lakeland Hills feeder is to provide peak service to connect residential
areas to Aubum Station to facilitate transfers to Sounder commuter rail, Sound
Transit express bus service, and Metro bus service. The service implemented will be
generally consistent in scope and service levels and may vary from this description
should County and Service Partners mutually agree to implement alternative service
of similar scope following any required public outreach and any necessary King
County Council authorization. King County, Pierce Transit and the City of Auburn
agree to share in the cost and responsibilities of new Lakeland Hills service.
1. Start Date for Service
Service on the route(s) described above shall commence with Pierce Transit's service
change of February 9, 2010.
B. Monetary Contributions
1. Monetary and In -Kind Contributions to be Made by Service Partners
Pierce Transit agrees to.provide three 25 -foot transit "Bus Plus" vehicles (two
active vehicles, one spare vehicle) for the service as described in this attachment.
In addition, Pierce Transit agrees to operate the service and dispatch and
maintain the vehicles.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page 9 of 16
DI.0 Page 66 of 101
The City of Auburn and Pierce Transit agree to contribute a combined total of
approximately $175,307 per year for five years of service on a new Lakeland
Hills commuter route as defined in Service Description of this Attachment A,
Part 1. The actual annual cost the Service Partners agree to pay on an annual basis
shall be determined in accordance with Section 5.3 of this Agreement. Rates for
per -hour cost will be based on Pierce Transit's fully allocated rate for "blended"
(both directly operated and contracted) SHUTTLE service.
2. Monetary Contributions to be Made by County
The County agrees to contribute approximately $116,871 per year for five years
of service on a new Lakeland Hills commuter route as defined in Service
Description of this Attachment A, Part I. The actual annual cost the County
agrees to pay on an annual basis shall be determined in accordance with Section
5.3 of this Agreement. Rates for per -hour and per -mile cost will be based on
Pierce Transit's fully allocated rate for "blended" (both directly operated and
contracted) SHUTTLE service.
C. Transit Service Enhancements
1. Service Partners agree to implement additional actions that are likely to increase
ridership on the new services, including all those listed below or similar
activities, if authorized in advance by the King County Metro Transit General
Manager and the Chief Executive Officer of Pierce Transit. Such additional
actions shall be implemented no later than two (2) years from the effective date
of this Agreement. At least six months prior to the start of the new services,
Service Partners will contact King County Metro's Market Development group
and Pierce Transit's Policy, Planning and Public Affairs Department to refine the
details of these actions to help assure effective and timely implementation.
Service Partners remain responsible for the cost and implementation of the
following actions or similar activities as mutually agreed by the parties to this
agreement:
City of Auburn
a. Promotion
Provide promotional materials about shuttles to the Lakeland community.
This would be accomplished through:
• Quarterly neighborhood direct mailings.
• Press releases in local newspapers.
• Advertising on local TV 21.
• Bus maps, timetables, and bike maps.
• Assistance in commute planning provided on the City of Auburn Web
site.
b. Parking Management
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page 10 of 16
DI.0 Page 67 of 101
Assist King County Metro and Pierce Transit in securing additional park -
and -ride stalls/locations to support the Lakeland Hills feeder service.
Pierce Transit
a. Promotion
Pierce Transit will advertise the new service via its normal marketing
channels, and will include the service information in Pierce Transit
timetables and on Pierce Transit's Web site.
2. The County agrees to undertake the following supporting actions:
a. Additional Promotion of Service
Work with Service Partners to promote transit use on the affected routes.
D. Service Cost Estimate
The estimated cost is a planning -level estimate based on the hours and miles
identified on the spreadsheet attached hereto as Exhibit 1 entitled "Preliminary Cost
Estimate," which is incorporated into and made a part of this Agreement by this
reference. The actual hours and miles needed to operate the service is determined
during the scheduling of the service prior to implementation: The actual fully
allocated cost may be higher or lower than the estimate provided in Exhibit 1.
Pierce Transit will provide three 25 -foot transit "Bus Plus" vehicles. These vehicles
will be considered a part of Pierce Transit's financial contribution, resulting in a
reduction in Pierce Transit's share of service costs. The cost of the vehicles will be
calculated at $58,436 per year for each of the five years of this agreement.
Approximate total annual hours: 3,848
Estimated fully allocated annual cost (County's + Service Partners' cost): $292,179
City of Auburn's estimated annual share of fully allocated annual cost:
Forty percent ($116,871 based on 2008 fully allocated annual cost)
Pierce Transit's estimated annual share of fully allocated cost:
Twenty percent ($58,436 based on 2008 fully allocated annual cost)
County's estimated annual share of fully allocated cost:
Forty percent ($116,871 based on 2008 fully allocated annual cost)
The cost of service will be determined by Pierce Transit's fully allocated rate for
"blended" (both directly operated and contracted) SHUTTLE services.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
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E. Benchmarks for Evaluating Route Performance
Both Metro and Pierce Transit have consistent, formal route - performance evaluation
processes to identify individual routes that may require modification, expansion or
termination. The Lakeland Hills service will be evaluated by both agencies, each using its
own adopted standards.
Metro routes are grouped by subarea and time period for similarity in operating
conditions. Each partnership route will be compared by time period to other
routes in its subarea to ascertain performance level. Data for a particular year is
typically available by the middle of the following year. The comparison will be
made at the time the data is available.
The 2006 benchmarks for the service additions applicable to this Agreement are as
follows:
DART Peak (Applies to Lakeland Hills service)
Rides per revenue hour: Average — 22.6
Fare revenue /operating expense: n/a
Passenger miles /revenue hour: Average -- 54
Passenger miles /platform miles: Average — 3.32
Metro's initial performance review for this Lakeland Hills service will use
benchmarks determined using 2009 data.
Pierce Transit routes are grouped according the characteristics of the
neighborhoods being served. The Lakeland Hills service will be expected to
meet the standards established by Pierce Transit's Board of Commissioners for
Suburban Routes. In 2008 this standard is set at a minimum level of fifteen
boarding passengers per revenue vehicle hour.
II. Routes 910 and 919
A. Monetary Contributions
1. Monetary Contributions to be Made by Service Partner
The City of Auburn agrees to contribute approximately $100,000 per year for
five years of service on Route 910 and Route 919 as defined in the Service
Description in Section C of this Attachment A, Part II. The actual annual cost
the Service Partner agrees to pay on an annual basis shall be determined in
accordance with Section 5.3 of this Agreement.
2. Monetary Contributions to be Made by County
The County agrees to operate the service as defined in Service Description, in
Section C of this Attachment A and Section 2.1 of this Agreement.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
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B. Transit Service Enhancements
1. The City of Auburn agrees to implement additional actions that are likely to
increase ridership on the new services, including all those listed below or similar
activities, if authorized in advance by the King County Metro Transit General
Manager. Such additional actions shall be implemented no later than two (2)
years from the effective date of this Agreement. At least six months prior to the
start of the new services, City of Auburn will contact King County Metro's
Market Development group to refine the details of these actions to help assure
effective and timely implementation. City of Auburn remains responsible for the
cost and implementation of the following actions or similar activities as agreed
with Market Development staff:
City of Auburn
a. Promotion
Provide promotional materials about shuttles to the senior community. This
would be accomplished through:
• Direct advertising to seniors via the Auburn Senior Center.
• Press releases in local newspapers.
• Advertising on local TV 21.
• Provide bus maps, timetables, and bike maps.
• Assistance in commute planning provided on the City of Auburn Web
site.
b. Other Incentives
• Provide a $50 /month subsidy transit pass for city employees for use of
bus, vanpool, and rail.
• Provide covered bicycle lockers for city employees.
• Provide showers and lockers for employees who bicycle, walk, or
motorcycle.
• Provide a Guaranteed Ride Home program to city employees.
• Provide five HOV stalls for city employee parking.
2. The County agrees to undertake the following supporting actions:
a. Additional Promotion of Service
• Work with City of Auburn to promote transit use on the affected routes.
C. Service Description
Routes 910 and 919 will be created through splitting the existing Route 919 and
expanding service into two separate components. Route 919 will be modified into a
community shuttle connecting 40th Street NE and I Street NE to the YMCA and
Supermall area via Auburn Station. Route 910 will assume the southern portion of the
existing Route 919 and will connect the Dogwood neighborhood, Auburn Senior Center,
and Auburn Station via Auburn Way S. The intent of the enhanced service on Route 919
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page 13 of 16
DI.0 Page 70of101
is to provide service to connect residential areas to major trip generators via Auburn
Station. The service implemented will be generally consistent in scope and service levels
and may vary from this description should County and City of Auburn mutually agree to
implement alternative service of similar scope following any required public outreach
and any necessary King County Council authorization.
1. Start Date for Service
Service on the route(s) described above shall commence with Metro service
change of , 2010.
D. Service Cost Estimate
The estimated cost is a planning -level estimate based on the hours and miles identified on
the spreadsheet attached hereto as Exhibit 1 entitled "Preliminary Cost Estimate," which
is incorporated into and made a part of this Agreement by this reference. The actual hours
and miles needed to operate the service is determined by the County during the
scheduling of the service prior to implementation. The actual fully allocated cost may be
higher or lower than the estimate provided in Exhibit 1.
Total annual hours: 2,763
Estimated fully allocated annual cost (County's + Service Partner's cost): $218,055.96
City of Auburn's estimated annual share of fully allocated annual cost:
Forty-five percent ($100,000 based on 2008 fully allocated annual cost)
E. Benchmarks for Evaluating Route Performance
Metro has a consistent, formal route - performance evaluation process to identify
individual routes that may require modification, expansion or termination. Routes are
grouped by subarea and time period for similarity in operating conditions. Each
partnership route will be compared by time period to other routes in its subarea to
ascertain performance level. Data for a particular year is typically available by the middle
of the following year. The comparison will be made at the time the data is available.
The 2006 benchmarks for the service additions applicable to this Agreement are as
follows:
DART Off-Peak
Rides per revenue hour: Average — 17.4
Fare revenue /operating expense: n/a
Passenger miles /revenue hour: Average - 53
Passenger miles /platform miles: Average — 3.46
Initial performance review for Routes 910 and 919 will use benchmarks determined using
2010 data.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
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Page 71 of 101
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
Page 15 of 16
DI.0 Page 72of101
Preliminary Cost Estimate
EXHIBIT 1.
ection Time C 10
LH M-F south
5:00 a.m. — Lakeland Hills to
8:00 a.m. Auburn Station
4:00 p.m. — Auburn Station
6:30 p.m. to Lakeland Hills
.01*
7
7
King County Metro Transit contribution
City of Auburn contribution
Pierce Transit contribution
OtTi‘ 1, 1056 ,.141P&P.
4.61:11.$11044, ,
3,848
$292,178.64
919
' - 6:00 a.m. to YMCA to 40th St
north
Sa 4:30 p.m. NE
M-
6:30 a.m. to 40th St NE to
919
Sa 4:30 .m. YMCA
south
• -
• '
msgalIPAPROMPro
9
2,763
$218,055.96
$292,178.64
1.” '
$116,8-71A6
$116,871.46
$58,435/3
Irol"
$218,055.96
9
2763 ' 218b&56 2i8,Q55
$118,055.96
$100,000.00
_woroxiata
$234,927.42
$216,871.46
$58,435.73
King County Metro Transit contribution
Ci of Auburn contribution
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- • 111'' .1
91"ng ik:4:1-,.-nRit1411411 Raj
King County Metro Transit contribution
City of Auburn contribution
Pierce Transit contribution
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT
LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919
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Page 74 of 10
1
DI.D
AUBURN
rry of
wASHINu
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Right of Way Standards (20 Minute Presentation /30 Minute September 8, 2015
Q &A)
Department: Attachments: Budget Impact:
CD & PW ACC 12.04.010 $0
Table 10 -18
Standard Detail (Roadway Sections)
Example of LI D
Administrative Recommendation:
For discussion only.
Background Summary:
In 1998 the Former Public Works Committee of the City Council recommended
approval of revisions to the City Code related to the adoption of the City's Standards
used in the design and construction of public improvements that are completed both
by City capital projects and by private development. Since 1998, there have been
modifications to the code to incorporate the requirements of the first NPDES Phase 2
permit and to revise the authority to approve modifications of the actual
standards. These design and construction standards are adopted by reference within
City Code Chapter 12.04.010 (see attached). Part of the roadway standards that were
initially adopted by the Council in 1998 included the identification of a multitude of
roadway classifications and the improvements required within each
classification. Over the years these standards have received minor modifications that
have resulted in the standards we use today.
Many capital projects completed by the City are within existing roadway corridors that
may already have many of the elements identified within the standards for a particular
roadway classification. Depending on the funding available for the project and the
purpose of the project (preservation, utility improvement, roadway capacity
improvement, safety improvement, etc.) the City may chose to modify the cross
section of the existing roadway to conform to these standards or, as in the case of
preservation work, may just repair the existing improvements as they are.
As it relates to Development projects, these standards are used to insure consistency
in the requirements being set by the City on the variety of developments that may
AUBURN * MORE THAN YOU IMAGINED Page 75 of 101
DI.D
occur. The City in applying requirements for development must consider
"Nexus ". Nexus is how we determine that the work required of the development is
proportionate to the impact that the development has on its surroundings. In applying
these requirements, the City also cannot be seen as being arbitrary or capricious in
setting the requirements and must be fair to all developments. Standards are one way
that helps us insure that we meet these development constraints and avoid lawsuits
with developers over their required improvements.
Because of this, staff must evaluate developments based on the required Right —of-
Way (ROW) for the roadway classifications within our standards. If we evaluated
developments using an unknown and unpublished set of standards for the ROW
widths this could be considered to be an arbitrary and capricious decision that could
generate legal challenges by developers. So in applying our standards there are times
that we are requesting additional ROW beyond the existing width to meet our
standards. However, in the situation where more ROW exists then required by the
Standard staff do not automatically vacate these areas unless there is a compelling
reason identified by city staff to begin a City- Initiated Vacation action or a property
owner(s) makes a request for the City to consider a Vacation. In evaluating that
Vacation, again, staff use the standards to determine if there is a need to retain the
ROW or not.
As we continue to work on the implementation of the new NPDES Phase 2 permit we
will be looking at our standards over the next year to determine how we can
implement Low Impact Development within them. This means looking at the widths of
impervious surfaces we are requiring and determining if these are appropriate or
not. This could mean that we look at narrowing some of our current roadway
requirements for certain classifications or all of them, including the ROW width
required. This is an on -going process that is anticipated to be completed by the end of
2016 to comply with our permit requirements and no decisions or recommendations
have been identified yet. The Design Standards have not been significantly modified
since 2004 with the exception of the NPDES Storm Standards and we are anticipating
changes with the new Low Impact Development regulations to come forward in 2016.
The current City code places the authority to modify the design standards with the City
Engineer with the stipulation that it will be "...in consultation with the city council on
policy issues or broad citywide implications...".
Attached you will find the Engineering Design Standards Table 10 -18 that provides the
various width requirements and design elements for all the City's current roadway
classifications along with the current roadway classification map from the
Transportation Comprehensive Plan. We have also attached the Standard Details that
correspond to these requirements that provide a cross sectional depiction of these
width requirements.
AUBURN * MORE THAN YOU IMAGINED Page 76 of 101
DI.D
At the September 14th Council Study Session we will be discussing the Design
Standards for Right -of -Way related to our roadway classifications.
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 14, 2015
Staff: Snyder
Item Number: DI.D
AUBURN * MORE THAN YOU IMAGINED Page 77 of 101
Excerpt from Auburn City Code
12.04.010 Adoption of engineering construction standards and engineering design standards.
A. Adopted — Engineering Construction Standards. The engineering construction standards include the following
documents and manuals which are herein referred to as the "engineering construction standards" and are adopted by
reference:
1. The Standard Plans (M21 -01) for Road, Bridge, and Municipal Construction prepared by the
Washington State Department of Transportation, the latest publication and amendments thereto, as
determined appropriate for city infrastructure by the city engineer and for conformance with adopted
city engineering design standards.
2. The Standard Specifications for Road, Bridge and Municipal Construction, the latest (English) edition
publication and amendments thereto as issued by the Washington State Department of Transportation
as supplemented and amended through special provisions by the city engineer for specific construction
applications and for conformance with adopted city engineering design standards.
3. The City of Auburn Engineering Standard Details, a manual of specific plans or drawings developed
and adopted by the city of Auburn department of public works which show frequently recurring
components of work that have been standardized for repetitive use, as supplemented and amended by
the city engineer for specific construction applications and for conformance with adopted city
engineering design standards.
B. Adopted — Engineering Design Standards. The engineering design standards as approved, supplemented and
amended by the city engineer for specific design applications and in consultation with the city council on policy issues
or broad citywide implications shall include the following documents and manuals which are herein referred to as the
"engineering design standards" and are adopted by reference:
1. A manual of specific design requirements which shows frequently recurring public transportation and
utility infrastructure standards.
2. The City of Auburn Surface Water Management Manual (SWMM) which is the 2008 City of Tacoma
Surface Water Management Manual as amended for use in the city of Auburn. The SWMM is a manual
of specific requirements related to storm drainage management.
C. Adopted — Highway Access Management. Chapter 468 -52 WAC, Highway Access Management — Access Control
Classification System and Standards, and amendments thereto, with the exception of WAC 468 -52 -060 and 468 -52-
070, is adopted by reference with the following amendments:
1. All references to the "Department" shall be changed to "city of Auburn."
2. All references to Chapter 468 -51 WAC or sections thereof shall be changed to "City of Auburn
Engineering Design Standards." (Ord. 6532 § 14, 2014; Ord. 6283 § 1, 2009; Ord. 6258 § 1, 2009;
Ord. 6157 § 1, 2008; Ord. 5042 § 1 (Exh. B), 1998.)
ACC 12.04.010 Page 1 of 1
DI.D Page 78of101
10.18 Table 10 -1 Summary Matrix of Minimum Street Design Requirements
CLASSIFICATION
SECTION
PRINCIPAL
ARTERIAL
MINOR
ARTERIAL
RESIDENTIAL COLLECTOR
NON - RESIDENTIAL
COLLECTOR
RURAL
COLLECTOR
LOCAL
RESIDENTIAL
LOCAL
NON - RESIDENTIAL
RURAL
RESIDENTIAL
Roadway Section Standard Detail No.
TRAFFIC -27
TRAFFIC -28
TRAFFIC -29
TRAFFIC -30
TRAFFIC -31
TRAFFIC -32
TRAFFIC -33
TRAFFIC -34
Average Daily Traffic (ADT)
10.01
Over 15,000
10,000 —
15,000
2,500 — 10,000
2,500 — 5,000
1,000 — 5,000
Up to 1,200
Up to 1,200
Up to 1,000
RIGHT-OF-WAY
Width (ft)
10.02.9
876
71/826
556
65
60
50
55
50
Intersection Radii- Min. (ft)
10.02.9
39.5
29.5
19.5
24.5
17
9
24.5
7
TRAVELWAY
Roadway Width (ft)
10.02.9
616
50/616
346
44
28
28
34
24
Curb /Gutter
10.02.9.4
Y
Y
Y
Y
N
Y
Y
N
Number Of Lanes
10.01
5
4/5*
2/3*
3
2
2
2
2
Inside Through Lane Width (ft)
10.02.9.1
11
11
N/A
N/A
N/A
10
N/A
N/A
Curb Lane Width (ft)
10.02.9.1
14
14
11.5
16
14
10
17
12
Center Turn Lane Width (ft)
10.02.9.2
11
11
11
12
N/A
N/A
N/A
N/A
Bikeway Class/Width (ft) 5
10.06
Cl. 1 / 10
Cl. 1 / 10
01.2/6
N/A
Cl. 3
N/A
N/A
N/A
Intersection Curb Radii (ft)'
10.02.9.6
50
40
30
35
30
20
35
20
Parking Allowed
10.02.9.5
N
N
N
N
N
Y, one -side
N
Y/ two- sides4
ROADSIDE
Shoulder Width (ft)
10.02.9.4
N/A
N/A
N/A
N/A
8
N/A
N/A
3
Sidewalk Width (ft)
10.05.1
10
10
5
10
0
5
10
0
Street Trees with Grates
10.08
Y
Y
N/A
Y
N/A
N/A
Y
N/A
Landscape Strip Width (ft)
10.08.1
5 w/ Cl. 1 trails
5 w/ Cl. 1 trail 5
5
N/A
N/A
5.5
N/A
N/A
Illumination
10.10
Y
Y
Y
Y
Only at
Intersections
Y
Y
Only at Intersections
INTERSECTION
Min /Max Horizontal Approach Angle
10.04.1.2
90° ± 5°
90° ± 5°
90° ± 5°
90° ± 5°
90° ± 5°
90° ± 5°
90° ± 5°
90° ± 5°
Minimum Landing Approach Length (ft)
10.04.1.5
30
30
20
20
20
20
20
20
Maximum Landing Approach Grade ( %)
10.04.1.5
3
3
5
5
5
5
5
5
GEOMETRIC DESIGN CRITERIA
Posted Speed (mph) `
10.02.7
45
40
35
35
30
30
30
40
35
30
25
30
25
Design Speed (mph) 2
10.02.7
55
50
45
45
40
35
35
45
40
35
30
35
30
Min. Horizontal Curve Radius (ft)`' 3
(For Standard Cross Section)
10.02.1
9720
8150
4930
1121
821
544
544
1125
821
544
333
510
333
Min. Tangent Between Reverse Curves (ft) 2
10.02.2
150
150
150
150
150
100
150
100
Maximum Rate of Superelevation, e( %)
10.02.3
8
8
0
0
8
0
0
0
Max. Vertical Grade ( %)2' 3'7
10.02.4
6
6
8
8
8
8
8
8
Cross Slope ( %)
10.02.6
3
3
3
3
3
2
2
2
DRAINAGE
Closed System
6.00
Y
Y
Y
Y
Only at Driveways
Y
Y
Only at Driveways
Open System
6.00
Y
Y
* Minor Arterials may be designed as either a four (4) lane road (two lanes in either direction) or a five (5) lane road (two lanes in either direction and a center turn lane) based on the Comprehensive Plan designation.
Residential Collectors may be designed as either a two (2) (one lane in either direction) or three (3) (one lane in either direction and a center turn lane) lane road based on the configuration of access points to the collector system.
1 At intersections with two different street classifications, use the highest classification for curb radii.
2 Table values are for standard cross sections with a relatively level grade and are for reference only. For accurate design values reference the AASHTO Manual "A Policy on Geometric Design of Highways & Streets."
3 Vertical curves will be required when the algebraic grade difference is more than 1 %.
4 Parking shall be located where space is available, outside of the required three -foot (3') shoulder.
5 The construction of separated bikeways shall be required in conjunction with street projects when designated by the Comprehensive Plan.
6 Required pavement and right -of -way widths may be greater then that shown to accommodate medians and /or bike lanes as required to meet Comprehensive Plan designations or to address traffic calming. See Section 10.06.
Vertical grades may be increased to 10% for non - arterial streets upon approval of the City Engineer.
8 Minimum radii are for streets designed using the recommended cross slopes listed above. Minimum street radii for Arterials and rural Collectors may be reduced by superelevating the street section per the requirements above.
12/21/09 Design Standards Page 10 -61
DI.DREF. H \DEVELOPMENT \Design Standards \Chapter 10 (01 -10)
Page 79 of 101
2,14.
4144,
(TYPICAL)
2MP�..
z'o
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17-
CONCRETE
SIDEWALK
PRINCIPAL ARTERIAL (82' R.O.W.)
(Not to Scale)
CURB &
GUTTER
CONCRETE
SIDEWALK
CURB &
GUTTER
3% 3%
(TYPICAL)
2y.�
Mr
30.5' 30.5'
zo
mid
10'
I CLASS 1
TRAIL
2'h*—
(TYPICAL)
\\*.\\I.
2%
NOTES:
1) RIGHT OF WAY, ROADWAY, AND SHOULDER WIDTHS ARE PER
SEC110N 10.02, STREET DESIGN REQUIREMENTS, TABLE 10 -1,
OF THE DESIGN STANDARDS.
2) ROADWAY PAVEMENT SECTION SHALL BE IN CONFORMANCE
WITH SECTION 10.07, PAVEMENT DESIGN, OF THE DESIGN
STANDARDS.
CURB &
GUTTER
PRINCIPAL ARTERIAL (87' R.O.W.)
(Not to Scale)
R.O.W.
c. ROAD
3% 3%
CONCRETE
SIDEWALK
CURB &
GUTTER
moo
's?
NI
MP�.
(TYPICAL)
Mq,:
®— 1.5'
05'-®
5'
-A-- LANDSCAPE
STRIP
SEE NOTE 2
1'
2.5'
�-- 30.5' 30.5'
43.5' 43.5'
10'
APPROVED BY CITY ENGINEER: DATE:
PRINCIPAL ARTERIAL
ROADWAY SE0180 of 101
r�O�) $.e 3/20/
I 1 AU _U KN
ff'��JJ G• // �� ` WASHINGTON
CITY OF AUBURN, WA. — DEPT. OF PUBLIC WORKS STANDARD DETAIL: TRAFFIC -27
2y. 7
(TYPICAL)
MP'
M
zo
m3•
•
2%
1.5'
1'
CONCRETE
SIDEWALK •
CURB &
GUTTER
MINOR ARTERIAL
(Not to Scale)
3%
I I
Q.
1
1
3%
rZ=Th
CONCRETE
SIDEWALK
CURB &
GUTTER
— SEE NOTE 2
25' OR 30.5'
Lgi-------- 35.5' OR 41'
NOTES:
0.5'
25' OR 30.5'
r1�
Zip
12'
35.5' OR 41'
10'
1) RIGHT OF WAY, ROADWAY, AND SIDEWALK WIDTHS ARE PER
SECTION 10.02, STREET DESIGN REQUIREMENTS, TABLE 10 -1,
OF THE DESIGN STANDARDS.
2) ROADWAY PAVEMENT SECTION SHALL BE IN CONFORMANCE
WITH SECTION 10.07, PAVEMENT DESIGN, OF THE DESIGN
STANDARDS.
APPROVED BY CITY ENGINEER. DATE: aoF
I . � 3/2 ) 1 / AUBURN
/r - WASHWGTON
CITY OF AUBURN, WA. — DEP . OF PUBLIC WORKS STANDARD DETAIL: TRAFFIC -28
MINOR ARTERIAL
ROADWAY SE(gEs1 81 of 101
rpm
216
mad
I•
2'
RESIDENTIAL COLLECTOR
(Not to Scale)
CONCRETE
SIDEWALK
LANDSCAPE
STRIP
CURB &
GUTTER
3%
CONCRETE
SIDEWALK
LANDSCAPE
STRIP
CURB &
GUTTER
— SEE NOTE 2
Li— 27.5'
NOTES:
27.5'
1) RIGHT OF WAY, ROADWAY, LANDSCAPE STRIP, AND SIDEWALK
WIDTHS ARE PER SECTION 10.02, STREET DESIGN REQUIREMENTS,
TABLE 10 -1, OF THE DESIGN STANDARDS.
2) ROADWAY PAVEMENT SECTION SHALL BE IN CONFORMANCE WITH
SECTION 10.07, PAVEMENT DESIGN, OF THE DESIGN STANDARDS.
APPROVED BY CITY ENGINEER: DATE:
CEIYOF
WASHINGTON
RESIDENTIAL COLLECTOR
ROADWAY SEVEVIsl 82 of 101
)v) )/
CITY OF AUBURN, WA. — DE T. OF PUBLIC WORKS STANDARD DETAIL: TRAFFIC -29
2y.
(TYPICAL)
2%,
�— CONCRETE
SIDEWALK
CURB &
GUTTER
®3%
NONRESIDENTIAL COLLECTOR
(Not to Scale)
CONCRETE --�
SIDEWALK
CURB &
GUTTER
3%
i —o-- 1'
1.5' —
—10' —�
NOTES:
32.5'
(I
2%
2'
— SEE NOTE 2
1'
32.5'
--a-- 1.5'
10'
1) RIGHT OF WAY, ROADWAY, AND SIDEWALK WIDTHS ARE PER
SECTION 10.02, STREET DESIGN REQUIREMENTS, TABLE 10 -01
OF THE DESIGN STANDARDS.
2) ROADWAY PAVEMENT SECTION SHALL BE IN CONFORMANCE
WITH SECTION 10.07, PAVEMENT DESIGN, OF THE DESIGN
STANDARDS.
(TYPICAL)
. fr
DATE: A�op
312.q/1 WASHINGTON
CITY OF AUBURN, WA. — DEP . OF PUBLIC WORKS STANDARD DETAIL: TRAFFIC -30
APPROVED BY CITY ENGINEER:
4BURN
NONRESIDENTIAL COLLECTOR
ROADWAY SE(PWII 83 of 101
z
mi.
8'
r� 8
30'
— 8' GRAVEL
SHOULDER
NOTES:
RURAL COLLECTOR
(Not to Scale)
14'
■ 3%
11
SEE NOTE 2
14'
30'
8' GRAVEL —
SHOULDER
1) RIGHT OF WAY, ROADWAY, AND SHOULDER WIDTHS ARE PER
SECTION 10.02, STREET DESIGN REQUIREMENTS, TABLE 10 -1
OF THE DESIGN STANDARDS.
2) ROADWAY PAVEMENT SECTION SHALL BE IN CONFORMANCE
WITH SECTION 10.07, PAVEMENT DESIGN, OF THE DESIGN
STANDARDS.
A VED BY CITY ENGINE R. DATE:
. .� .sue z
URN WA. — T. O
Lev
RURAL COLLECTOR
ROADWAY SE�,7p$tI84 of 101
CITY OF AUBURN, OF PUBLIC WORKS STANDARD DETAIL: TRAFFIC -31
r
z
m
2'
2%
5'
LOCAL RESIDENTIAL
(Not to Scale)
CONCRETE CONCRETE
SIDEWALK SIDEWALK
LANDSCAPE LANDSCAPE
STRIP STRIP
•CURB &
GUTTER
2%
CURB &
GUTTER
2%
r
z
m
O
2'
5.5'
0.5' —® 14'
NOTES:
25'
NOTE N TE 2
14'
25'
5.5
0.5'
5
1) RIGHT OF WAY, ROADWAY, LANDSCAPE STRIP, AND SIDEWALK
WIDTHS ARE PER SECTION 10.02, STREET DESIGN REQUIREMENTS,
TABLE 10 -1, OF THE DESIGN STANDARDS.
2) ROADWAY PAVEMENT SECTION SHALL BE IN CONFORMANCE WITH
SECTION 10.07, PAVEMENT DESIGN, OF THE DESIGN STANDARDS.
APPROVED BY CITY ENGINEER: DATE:
DI.0 S.,U - WZz // ;
CITY OF AUBURN, WA. — DE T. OF PUBLIC WORKS STANDARD DETAIL: TRAFFIC -32
CITYOF. - .:_..-
AUBURN
WASHINGTON
LOCAL RESIDENTIAL
ROADWAY SECI1QI6 85 of 101
2y' r
kelA, fr
(TYPICAL)
1\1
Mt's,.
CONCRETE
SIDEWALK
1.5'
LOCAL NONRESIDENTIAL
(Not to Scale)
CURB &
GUTTER
2%
2%
CONCRETE
SIDEWALK
CURB &
GUTTER
0.5' —®
10'
NOTES:
27.5'
17'
SEE NOTE 2
1' —Is— 17' — �—
27.5'
1.5'
1) RIGHT OF WAY, ROADWAY, AND SIDEWALK WIDTHS ARE PER
SECTION 10.02, STREET DESIGN REQUIREMENTS, TABLE 10 -1,
OF THE DESIGN STANDARDS.
2) ROADWAY PAVEMENT SECTION SHALL BE IN CONFORMANCE
WITH SECTION 10.07, PAVEMENT DESIGN, OF THE DESIGN
STANDARDS.
APPROVED BY CITY ENGINEER: DATE: �oF
DItiX ; .—r s)2j )1 AUBURN
CITY OF AUBURN, . WA. — DEP . OF PUBLIC WORKS STANDARD DETAIL: TRAFFIC -33
LOCAL NONRESIDENTIAL
ROADWAY SE E)131!,1 86 of 101
I�
z p
rdmid
3' GRAVEL —
SHOULDER
10'
25'
RURAL RESIDENTIAL
(Not to Scale)
NOTES:
12'
2%
I'1
12'
25'
3' GRAVEL
SHOULDER
10'
SEE NOTE 2
1) RIGHT OF WAY, ROADWAY, AND SHOULDER WIDTHS ARE PER
SECTION 10.02, STREET DESIGN REQUIREMENTS, TABLE 10 -1,
OF THE DESIGN STANDARDS.
2) ROADWAY PAVEMENT SECTION SHALL BE IN CONFORMANCE
WITH SECTION 10.07, PAVEMENT DESIGN, OF THE DESIGN
STANDARDS.
•VED BY CITY ENGINEER- DATE: RURAL RESIDENTIAL
S� 27 �S WASHINGTON ROADWAY SE�y'aION R7 of l fll
CITY OF AUBURN, WA. - �E T. OF PUBLIC WORKS STANDARD DETAIL: RAFFIC -34
Clustering
Conventional Design
Low - Impact Design
Page 88 of 101
DI.E
AUBURN
wASHI[lum
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Right of Way Vacation Policy (10 Minute Presentation /15 September 8, 2015
Minute Q &A)
Department: Attachments: Budget Impact:
CD & PW ACC 12.48 $0
RCW 35.79
July30, 2014 Memo toPWC
Administrative Recommendation:
For discussion only.
Background Summary:
Current Code Authority
Right -of -Way vacations are regulated by RCW 35.79 and Auburn Municipal Code
Chapter 12.48. Both State and City codes currently allow, but do not require, that the
City be compensated for the vacation of ROW. The current City Code provides that
the Council may charge up to one -half the current value of the ROW being vacated,
unless the City originally purchased the ROW or it has been dedicated to the City for
25 years or more in which case the City may charge the full appraised value of the
ROW to be vacated. If the ROW is determined by the City to be worth more than
$2,000.00 the applicant must provide an appraisal at their expense. Furthermore per
RCW 35.79 "One -half of the revenue received by the city or town as compensation for
the area vacated must be dedicated to the acquisition, improvement, development,
and related maintenance of public open space or transportation capital projects within
the city or town."
On August 4th, 2014 the Former Public Works Committee of the City Council
reviewed the Right -of -Way (ROW) Vacation administration policy, specifically whether
the City should be assessing a value for vacated ROW consistent with the City and
State codes. See the attached memo dated July 30, 2014. At that time the former
committee provided new policy direction to staff to assess value to ROW vacations
consistent with the codes. The current policy being administered by staff and the
previous policy are listed below.
Current Policy /Practice
AUBURN * MORE THAN YOU IMAGINED Page 89 of 101
DI.E
• ROW was originally purchased by the City - Applicant is charged the full current appraised value of
the ROW being vacated.
• ROW was originally dedicated to the City:
o If City has not spent public funds maintaining or improving the ROW, regardless of how long
the property has been dedicated to the City, then the applicant is not charged for the value
of the ROW being vacated.
o If City hasspent public funds maintaining or improving the ROW then the applicant is
charged one half the current appraised value of the ROW being vacated.
o If City has spent public funds maintaining or improving the ROW and the property has been
dedicated to the City for over 25 years then the applicant is charged the full current
appraised value of the ROW being vacated.
Previous Policy /Practice
ROW was originally purchased by the City - Applicant is charged the current appraised value of the
ROW being vacated.
ROW was originally dedicated to the City - Applicant is not charged for the value of the ROW being
vacated.
Attached please find a copies of the current City Code Chapter 12.48 and RCW 35.79 for your
reference.
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 14, 2015
Staff: Snyder
Item Number: DI.E
AUBURN * MORE THAN YOU IMAGINED Page 90 of 101
Sections:
Chapter 12.48
RIGHT -OF -WAY VACATIONS1
12.48.010 Definitions.
12.48.015 Initiation of vacation process.
12.48.020 Petition — Signature sufficiency determinations.
12.48.030 Petition — Authorized.
12.48.040 Petition — Submission — Filing fee.
12.48.050 Petition — Investigation — Recommendations.
12.48.060 Petition — Notice of recommendations to petitioner.
12.48.070 Hearing — Required — Notice.
12.48.080 Hearing — Procedure — Vacation ordinance.
12.48.085 Compensation.
12.48.090 Petition denial or abandonment.
12.48.010 Definitions.
A. "Owner of an interest in real estate" means and includes the owner of fee title, mortgages and contract vendees.
B. "Petition" means, for the purposes of this chapter, the collection of papers necessary to initiate a street vacation,
and shall include an application in the form approved by the city, and other submittals consistent with the purposes of
Chapter 35.79 RCW.
C. "Right -of -way vacations" shall have the same meaning as street vacations, including streets, roads, alleys,
sidewalks, or any other publicly owned rights -of -way consistent herewith and as encompassed within Chapter 35.79
RCW. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.010.)
12.48.015 Initiation of vacation process.
To initiate the right -of -way vacation process, the owner shall submit a right -of -way vacation application to the city clerk
or city engineer requesting to vacate a city -owned right -of -way that abuts the owner's property. Said application shall
clearly define the limits of the proposed vacation. The city engineer or designee, herein referred to as "the city," shall
review the application and notify the applicant of the additional steps necessary to move forward with the right -of -way
vacation process and make a complete right -of -way vacation petition to the city. This notification will include an
explanation of the process, identification of potential costs to the applicant, which may include the application fee,
survey costs, title report, appraisal, and the actual cost of the right -of -way plus a list of required documents to be
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provided by the applicant which may include a petition, survey, legal description, title report, and any other related
documents the city deems necessary to perform an accurate evaluation of the right -of -way vacation petition. (Ord.
6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999.)
12.48.020 Petition — Signature sufficiency determinations.
For the purpose of determining sufficiencies of signatures of owners of private property on a petition or consent to
vacate, the following rules shall govern:
A. Where the owners of private property abutting the right -of -way proposed to be vacated are husband and wife, the
signature of either spouse, without the signature of the other, will be sufficient.
B. In case of mortgaged property, the signature of the mortgagor shall be sufficient.
C. In the case of property subject to a contract of purchase, the signatures of both the contract vendors and vendees
shall be required.
D. In the case of ownership by a corporation, the signature of any officer authorized by the bylaws or resolutions of the
board of directors shall be sufficient when evidenced by an excerpt of said bylaws or said resolution, certified by the
secretary of the corporation, granting such authority.
E. In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified
administrator, executor or guardian shall be equivalent to the signature of the owner of the property. (Ord. 6085 § 1,
2007; Ord. 5212 § 1 (Exh. G), 1999; Ord. 2985 § 1, 1976; 1957 code § 8.24.020.)
12.48.030 Petition — Authorized.
The owners of an interest in any real estate abutting upon any right -of -way may petition the city council to vacate the
right -of -way in the manner provided in this chapter. The petition shall describe the right -of -way desired to be vacated,
and shall be signed by owners of more than two - thirds of the private property abutting the right -of -way sought to be
vacated. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.030.)
12.48.040 Petition — Submission — Filing fee.
As part of a complete right -of -way vacation petition as described in ACC 12.48.015, the applicant shall submit to the
city a nonrefundable application fee as set forth in the city of Auburn fee schedule. Incomplete right -of -way vacation
petitions, not completed by the applicant within six months of a request by the city, shall be null and void. (Ord. 6085
§ 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.040.)
12.48.050 Petition — Investigation — Recommendations.
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Upon the receipt of a complete petition for processing as provided in ACC 12.48.010, the city shall route the petition to
city departments and franchise utility companies for their comments, and make such further investigation as may be
necessary including requesting additional related information from the petitioner(s). (Ord. 6085 § 1, 2007; Ord. 5212 §
1 (Exh. G), 1999; 1957 code § 8.24.050.)
12.48.060 Petition — Notice of recommendations to petitioner.
The city shall prepare a staff report upon completion of its assessment of the right -of -way vacation petition. A copy of
the staff report shall be forwarded to the petitioner, along with a letter regarding any changes made, conditions
attached as recommended by the city in respect to the vacation in question, and the estimated schedule for the public
hearing. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.060.)
12.48.070 Hearing — Required — Notice.
Upon receipt of the staff report from the city, the city council shall pass a resolution calling for a public hearing to
consider the proposed vacation, which hearing shall be not more than 60 days nor less than 20 days after the date of
passage of such resolution. The city clerk shall give 20 days' notice of the pendency of the petition by written notice
posted in three of the most public places in the city, and a like notice in a conspicuous place on the right -of -way
sought to be vacated. The notice shall contain a statement that a petition has been filed to vacate the right -of -way
described in the notice, together with a statement of the time and place fixed for the hearing thereon.
In all cases where the proceeding is initiated by resolution of the city without a petition having been signed by the
owners of more than two - thirds of the property abutting upon the right -of -way to be vacated, in addition to the notice
hereinabove required, there shall be given by mail at least 15 days before the date fixed for the hearing, a similar
notice to the owners or reputed owners of all lots, tracts, or parcels of land or other property abutting upon any right -
of -way sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown. If
50 percent of abutting property owners file written objection to the proposed vacation with the clerk prior to the time of
hearing, the city shall be prohibited from proceeding with the resolution. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G),
1999; 1957 code § 8.24.070.)
12.48.080 Hearing — Procedure — Vacation ordinance.
At the time appointed for the hearing of the right -of -way vacation petition, or at such time as the hearing may be
adjourned to by the city council, the same shall be heard, and if the council determines to grant the petition, or any
part thereof, the council shall authorize by ordinance the vacation of such right -of -way, or any portion thereof. Such
ordinance may provide for the retention by the city of all easements or rights in respect to the vacated land for the
construction, repair and maintenance of public utilities and services; provided, that the city council may, if no vested
rights are impaired, modify, change, omit or add provisions or stipulations as a condition to the granting of petitions for
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vacations. When the city council deems it to the best interest of the city, it may waive all or any part of the additional
costs and expenses provided for in this chapter with respect to any vacation; provided, that all conditions with respect
to such vacation shall be fulfilled to the satisfaction of the city prior to the time of the introduction of an ordinance
vacating a right -of -way, or all such conditions with respect to such vacation shall be fulfilled as specified in said
ordinance prior to the ordinance becoming effective. Upon final passage of a right -of -way vacation ordinance, copies
shall be distributed by the city clerk to all city departments having an interest in the ordinance. (Ord. 6085 § 1, 2007;
Ord. 5212 § 1 (Exh. G), 1999; Ord. 3617 § 2, 1981.)
12.48.085 Compensation.
The city council may require as a condition of the ordinance that the city be compensated for the vacated right -of -way
in an amount which does not exceed one -half the value of the right -of -way so vacated, except in the event the subject
property or portions thereof were acquired at public expense or have been part of a dedicated public right -of -way for
25 years or more, compensation may be required in an amount equal to the full value of the right -of -way being
vacated. The city engineer shall estimate the value of the right -of -way to be vacated based on the assessed values of
comparable properties in the vicinity. If the value of the right -of -way is determined by the city engineer to be $2,000 or
less, the applicant will not be required to provide the city with a formal appraisal. If the value of the right -of -way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the
right to have a second appraisal performed at the city's expense. (Ord. 6085 § 1, 2007.)
12.48.090 Petition denial or abandonment.
The right -of -way vacation petition shall be considered abandoned if the vacation conditions have not been met,
including payment of compensation, within the time period identified in the ordinance, or if no such time period is
identified, within 180 days of approval of the ordinance. The city may extend this deadline if they determine the
petitioner has made a good faith effort to meet the conditions.
In the event that the city council, at the conclusion of the public hearing thereon, denies the requested right -of -way
vacation petition, or that such vacation proceedings should be abandoned by the petitioner, the petitioner shall be
relieved from the obligation to fulfill conditions of the ordinance. The city shall notify the interested city departments if a
vacation proceeding is abandoned by the petitioner prior to the city council hearing on the petition. If a vacation
petition is disapproved by the city council or abandoned by the petitioner after the council hearing, such notification
shall be given by the city clerk. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.090.)
1 For statutory provisions on street vacation, see Ch. 35.79 RCW; for provisions applying Ch. 35.79 RCW to code cities, see
RCW 35A.47.020.
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Chapter 35.79 RCW: STREETS — VACATION
Chapter 35.79 RCW
STREETS — VACATION
Chapter Listing
RCW Sections
35.79.010 Petition by owners -- Fixing time for hearing.
35.79.020 Notice of hearing -- Objections prior to hearing.
35.79.030 Hearing -- Ordinance of vacation.
35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure.
35.79.040 Title to vacated street or alley.
35.79.050 Vested rights not affected.
35.79.010
Petition by owners — Fixing time for hearing.
http:// app.leg.wa.gov /rcw /default.aspx ?cite= 35.79 &full =true
The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or
any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be vacated,
or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed
with the city or town clerk, and, if the petition is signed by the owners of more than two - thirds of the property abutting
upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the
petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty
days nor less than twenty days after the date of the passage of such resolution.
[1965 c 7 § 35.79.010. Prior: 1957 c 156 § 2; 1901 c 84 § 1, part; RRS § 9297, part.]
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35.79.020
Notice of hearing — Objections prior to hearing.
Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a
written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the
street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the
street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition.
In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without
a petition having been signed by the owners of more than two - thirds of the property abutting upon the part of the street
or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen
days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of
land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of
the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property
owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be
prohibited from proceeding with the resolution.
[1965 c 7 § 35.79.020. Prior: 1957 c 156 § 3; 1901 c 84 § 1, part; RRS § 9297, part.]
35.79.030
Hearing — Ordinance of vacation.
The hearing on such petition may be held before the legislative authority, before a committee thereof, or before a hearing
examiner, upon the date fixed by resolution or at the time the hearing may be adjourned to. If the hearing is before a
committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority
which may adopt or reject the recommendation. If the hearing is held before a committee it shall not be necessary to hold a
hearing on the petition before the legislative authority. If the hearing is before a hearing examiner, the hearing examiner
shall, following the hearing, report its recommendation on the petition to the legislative authority, which may adopt or
reject the recommendation: PROVIDED, That the hearing examiner must include in its report to the legislative authority an
explanation of the facts and reasoning underlying a recommendation to deny a petition. If a hearing is held before a
hearing examiner, it shall not be necessary to hold a hearing on the petition before the legislative authority. If the legislative
authority determines to grant the petition or any part thereof, such city or town shall be authorized and have authority by
ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become
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effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such
city or town in an amount which does not exceed one -half the appraised value of the area so vacated. If the street or alley
has been part of a dedicated public right -of -way for twenty -five years or more, or if the subject property or portions thereof
were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to
compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The ordinance
may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for
the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be
recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is
located. One -half of the revenue received by the city or town as compensation for the area vacated must be dedicated to
the acquisition, improvement, development, and related maintenance of public open space or transportation capital
projects within the city or town.
[2011 c 130 § 1; 2002 c 55 § 1; 2001 c 202 § 1; 1987 c 228 § 1; 1985 c 254 § 1; 1969 c 28 § 4. Prior: 1967 ex.s. c 129 § 1; 1967
c 123 § 1; 1965 c 7 §35.79.030 ; prior: 1957 c 156 § 4; 1949 c 14 § 1; 1901 c 84 § 2; Rem. Supp. 1949 § 9298.]
35.79.035
Limitations on vacations of streets abutting bodies of water — Procedure.
(1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water
unless:
(a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access
purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;
(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used
as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water access,
boat moorage, launching sites, park, public view, recreation, or education; or
(c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that
provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be
vacated abut, had the properties included in the plan not been vacated.
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(2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall:
(a) Compile an inventory of all rights -of -way within the city or town that abut the same body of water that is abutted by
the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the
following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;
(c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the
normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley
sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that
anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official
indicating his or her objection; and
(d) Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b) of
this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys
received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring
additional public view sites to a body of water, or acquiring additional moorage or launching sites.
[1987 c 228 § 2.]
35.79.040
Title to vacated street or alley.
If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall
belong to the abutting property owners, one -half to each.
[1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3; RRS § 9299.]
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35.79.050
Vested rights not affected.
No vested rights shall be affected by the provisions of this chapter.
[1965 c 7 § 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.]
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CITY OF -J
%1mi■■ ■
WASHINGTON
Memorandum
Engineering Division
To: Public Works Committee
Mayor Backus
From: Pablo Para, Transportation Manager
CC: Kevin Snyder, Ingrid Gaub, Jeff Tate, Dan Heid, James Webb
Date: July 30, 2014
Re: Right of Way Vacation Compensation Policy
Purpose
Staff is recommending a review and reconsideration of the current Council policy related to
compensation for Right -of -Way (ROW) vacations.
Current Code Authority
Right -of -Way vacations are regulated by RCW 35.79 and Auburn Municipal Code Chapter 12.48. Both
State and City codes currently allow, but do not require, that the City be compensated for the vacation
of ROW. The current City Code indicates that the Council may charge up to one -half the current value
of the ROW being vacated, unless the City originally purchased the ROW or it has been dedicated to
the City for 25 years or more in which case the City may charge the full appraised value of the ROW to
be vacated. If the ROW is determined by the City to be worth more than $2,000.00 the applicant must
provide an appraisal at their expense.
Current Policy /Practice
• ROW was originally purchased by the City - Applicant is charged the current appraised value of the
ROW being vacated.
• ROW was originally dedicated to the City - Applicant is not charged for the value of the ROW being
vacated.
Proposed Policy /Practice
• ROW was originally purchased by the City - Applicant is charged the full current appraised value of
the ROW being vacated.
• ROW was originally dedicated to the City:
o If City has not spent public funds maintaining or improving the ROW, regardless of how long
the property has been dedicated to the City, then the applicant is not charged for the value
of the ROW being vacated.
o If City has spent public funds maintaining or improving the ROW then the applicant is
charged one half the current appraised value of the ROW being vacated.
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o If City has spent public funds maintaining or improving the ROW and the property has been
dedicated to the City for over 25 years then the applicant is charged the full current
appraised value of the ROW being vacated.
Benefits
• Allows City to recover at least a portion of public funds spent to improve and maintain the ROW.
• Reduces the potential issues related to a perception of gifting of public funds.
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