HomeMy WebLinkAbout08-22-2016 CITY COUNCIL STUDY SESSION AGENDACity Council Study Session
August 22, 2016 - 5:30 PM
City Hall Annex - 1 East Main Street
AGENDA
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I. CALL TO ORDER
A. Roll Call
II. ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
III. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Resolution No. 5246 (15 Minute Presentation/10 Minute Q&A)* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute an agreement between the City of Auburn
and the University of Washington for the Livable City Year Program
B. Ordinance No. 6600 (5 Minute Presentation/15 Minute Q&A)* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating
new Sections 18.04.115, 18.04.237, 18.04.238, 18.04.523, and 18.04.617, of the
City Code, amending Sections 18.04.325, 18.04.622, 18.04.823 (formerly
section 18.04.495), 18.07.020, 18.07.030 and 18.31.220 of the City Code and
repealing Section 18.31.230 of the Auburn City Code, and providing for the
amortization of setback requirements, relating to zoning and land use code
provisions for animals
C. Ordinance No. 6614 (5 Minute Presentation/5 Minute Q&A)* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving
the vacation of right-of-way in the vicinity of the 50 foot right-of-way and the 14
foot alley south of East Main Street and east of A Street SE
D. Ordinance No. 6616 (5 Minute Presentation/5 Minute Q&A)* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 12.06 of the Auburn City Code enacting a Complete Streets Policy
IV. 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.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5246 (15 Minute Presentation/10 Minute
Q&A)
Date:
August 12, 2016
Department:
Community Development &
Public Works
Attachments:
Resolution No. 5246
Exhibit A - Agreement
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Please find attached advance materials for the August 22nd Council Study Session
discussion on the Master Agreement between the University of Washington and the
City of Auburn for the Livable City Year Program. Attachments include Master
Agreement for the Livable City Year Program between the University of Washington
and the City of Auburn, WA; and Resolution No. 5246.
Once signed, the Master Agreement for the Livable City Year Program between the
University of Washington and the City of Auburn, WA will become effective on
September 28, 2016, and will terminate on September 27th, 2017. The City’s total
financial obligation will not exceed $100,000.00. The City will develop up to 25
projects for inclusion into the LCY Program, with each final project formalized through
individual scopes of work.
The University will, consistent with the scope of work for each project, prepare and
provide final reports and student-generated materials in electronic and paper format.
Final reports will present a summary of coursework, key findings, examples of student
work, and recommendations for each project. University will also provide and
supervise students familiar with the projects to assist in the development of final
reports to be provided to the City.
Adoption of Resolution No. 5246 and signature of this Master Agreement will initiate
the formal Livable City Year partnership between the University of Washington and
the City of Auburn for the 2016-2017 academic year. With a formalized agreement,
University professors can begin conversations with City project managers, allowing
both to create and finalize individual scopes of work for selected projects. Individual
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 3 of 62
scopes of work will be finalized in advance of their corresponding academic quarters,
and will roughly follow the schedule outlined below:
UW Livable City Year 2016-2017 Calendar of Events
September 2016: Scopes of work finalized for fall quarter projects
September 28, 2016: Fall quarter begins
October 6, 2016: LCY Kick-Off Event, hosted by UW
November 2016: Scopes of work finalized for winter quarter projects
December 9, 2016: Last day of fall quarter
January 3, 2017: Winter quarter begins
February 2017: Scopes of work finalized for spring quarter projects
March 10, 2017: Last day of winter quarter
March 27, 2017: Spring quarter begins
]May 2017: End of Year Celebration, hosted by City of Auburn
June 2, 2017: Spring quarter ends
As noted in the Master Agreement (and listed above), there will be two celebratory
events incorporated into the Livable City Year program. The first will be a kick-off
event that will be hosted by the University of Washington. This event will bring
together students; professors; UW officials; City of Auburn project managers; City of
Auburn Mayor, Councilmembers, and junior councilmembers; and Livable City Year
program coordinators to celebrate the inaugural Livable City Year partnership. This
event is tentatively scheduled for October 6th, 2016. The second event will be a
celebration of achievements, and will be held in Auburn in May. This event will invite
all who participated in the Livable City Year program throughout the year, and will
highlight achievements and successes. Details of each celebration will be provided to
Council in advance of each event, to allow for interested Councilmembers to attend.
*Due to unforeseen scheduling conflicts, the University of Washington Livable City
Year Program Coordinator will not be able to attend the August 22nd Council Study
Session. In anticipation of the upcoming Study Session, I invite councilmembers to
forward any questions regarding specifics of the Master Agreement or Resolution No.
5246 to Mayor Backus and myself at jleonard@auburnwa.gov in order for me to
provide detailed responses at the August 22nd Study Session.
Reviewed by Council Committees:
Other: Legal, Env Svs.
Councilmember: Staff:Snyder
Meeting Date:August 22, 2016 Item Number:DI.A
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Resolution No. 5246
8.16.2016
Page 1 of 2
RESOLUTION NO. 5246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE UNIVERSITY
OF WASHINGTON FOR THE LIVABLE CITY YEAR
PROGRAM
WHEREAS, the University of Washington is implementing it’s Livable City Year
program, which pairs the University with a local government for a yearlong partnership,
where students and faculty of the University are engaged to address projects that
support and enhance livability; and,
WHEREAS, the City of Auburn has been selected by the University of
Washington to be its pilot-year partner for the University’s 2016-2017 academic year;
and,
WHEREAS, the City of Auburn has identified multiple projects that the City
understands are eligible and appropriate municipal and community sustainability and
livability activities to be undertaken through the Livable City Year program; and
WHEREAS, the Livable City Year program provides resources that would not
otherwise be available to the City for implementing projects that will benefit residents,
property owners, and businesses within the City; and
WHEREAS, the City is authorized by RCW 35A.11.040 to cooperate with the
University to exercise its powers to accomplish projects that enhance community
sustainability and livability; and
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----------------------------
Resolution No. 5246
8.16.2016
Page 2 of 2
WHEREAS, the City Council of the City of Auburn finds that participation in the
University’s Livable City Year program would benefit the public health, safety, and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
Agreement between the City and the University of Washington to conduct the Livable
City Year program, which agreement shall be in substantial conformity with the
agreement attached hereto as Exhibit A and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2016.
CITY OF AUBURN
_________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
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MASTER AGREEMENT FOR
THE LIVABLE CITY YEAR PROGRAM
between
The University of Washington
and
The City of Auburn, WA
This Master Agreement (“Agreement”) is between the City of Auburn, WA, a noncharter code city in the
State of Washington (“City”), and the University of Washington, an institution of higher education and an
agency of the State of Washington, having its principal campus located in Seattle, Washington
(“University” or “UW”), together, “the Parties.”
RECITALS:
City provides a variety of services, programs and infrastructure to meet the needs of City area residents,
businesses and visitors. To better serve the community, City proactively pursues partnership and grant
opportunities to address known redevelopment, economic development, transportation and parks
planning, and general planning needs, subject to available staff time and funding.
The University has special expertise to develop specific year-long engagements with communities
through a Livable City Year Program (“LCYP”). Through collaboration with the selected community,
Livable City Year (LCY) seeks to promote research, education, service, and public outreach related to the
development of livable communities and sustainable cities.
LCY is a collaboration of faculty and students from multiple academic disciplines, including architecture,
landscape architecture, business, journalism, public policy and management, law and others. Focused on
enhanced student learning through an examination of the real-world issues facing local government, the
program is funded through a variety of grant resources and a match from a selected community.
The City and University have agreed to establish a LCYP for the University’s 2016-17 academic year.
This Master Services Agreement establishes the mutual understandings and agreements related to the
LCYP.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Period of Performance.
This Agreement is effective on September 28th, 2016 and will terminate on September 27th, 2017.
This Agreement may be extended by mutual written agreement of the parties.
2. Task Orders.
“Task Order” refers to the document that authorizes performance of specific services, each, “a
Project”, under this Agreement. A template Task Order is attached as Exhibit A. University will
perform the services described in each Task Order that has been fully signed by authorized
representatives of the parties. City has attached a Proposed Project list as Exhibit B.
3. Scopes of Work.
The Scope of Work for each Task Order will describe the specific services to be performed, include
the following:
3.1. A description of the purpose of each Project;
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3.2. Identified Project objectives and deliverables;
3.3. A timeline and major milestones;
3.4. Project cost;
3.5. Invoicing and payment schedules for each Project; and
3.6. City and University Project-specific contact information.
4. Project Duties.
4.1. Duties of City. City will develop up to 25 Projects and collaborate with the University to specify
a Scope of Work for each Project. City will provide technical assistance and relevant information
in support of the Projects, including but not limited to existing data sets and previously prepared
reports, findings, architectural plans and maps, and stakeholder or public engagement activity
summaries. City will also host student field trips in an effort to establish context for each
Project. City will participate in a kick-off event, mid-course reviews of student progress, end of
term final presentations, and year-end activities. City will organize stakeholders or public
engagement activities as necessary in support of each Project. City may involve its public
partners as well as private for profit and non-profit entities in the LCY program subject to
University approval.
4.2. Duties of University. The University will, consistent with the Scope of Work for each Project,
prepare and provide final reports and student-generated materials in electronic and paper format.
The final reports will present a summary of coursework, key findings, examples of student work,
and recommendations for each Project. The final report for each Project will include a summary
of the work done over the term as well as an executive summary (if applicable) that highlights
lessons learned and key takeaways. University will provide and supervise students familiar with
the Projects to assist in the development of the final reports. The University will coordinate at
least one event to kick off (at University) and one final event in the City to conclude the 2016-17
academic year to involve University faculty and students and City officials and staff.
5. University Obligations.
5.1. University will provide recommendations related to the development of livable communities and
sustainable cities as specifically related to each Scope of Work for each Project issued by City
and approved by University. The obligations defined and described in each individual Scope of
Work will there in after be referred to as “Work.” Each Scope of Work will include a fixed price
amount. City and University may agree to a change in the Scope of Work; provided, however
that any such change will require that City and University have first negotiated any appropriate
change to the fixed price amount based on the changed Scope of Work. Any such change to the
fixed price amount must be by written amendment to the relevant Task Order approved by an
authorized representative of each party.
5.2. City will not be responsible to provide University any labor, materials, supplies, equipment,
office space, shop space, reference and background data and information, and all other things
necessary for the performance of the Work described in each Scope of Work, except as
otherwise expressly provided therein.
5.3. University will provide City with invoices monthly in conformance with Sections 6 and 7.
6. City’s Obligations. City will pay University the agreed upon fixed price for each Project as set forth
in each Scope of Work. In no event will City be obligated to reimburse more for a particular Project
than the fixed price identified in the Scope of Work. The total amount to be paid by City to the
University pursuant to this Agreement will not exceed $100,000.00.
6.1. The City will ensure that payment of the invoiced amount is made to University no later than
60days after receipt of the invoice submitted in accordance with the respective Work Order.
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7. Invoice and Payment Addresses.
7.1. Invoice Address. University will submit invoices to:
Attn: CDPW-Environmental Services
City of Auburn
25 West Main Street
Auburn, WA 98001
7.2. Payment Address. City will submit payments to:
University of Washington
Grant and Contract Accounting
12455 Collections Drive
Chicago, IL 60693
Ref: A117060
8. Funds Available and Authorized.
City certifies at the time of signing each Task Order that within City’s current appropriation or
limitation it has sufficient funds available and authorized for expenditure to cover all payments that
Task Order requires.
9. Termination.
The parties may mutually agree to terminate this Agreement or any Task Order at any time; provided
however, that the terms of this Agreement shall apply to any Task Order in progress at the time of
such Termination. Either party may terminate this Agreement or Task Order with 30 calendar days
written notice to the other party’s Business Contact. If City terminates this Agreement or a Task
Order, it will pay University for services rendered, work performed, non-cancellable obligations
created, and costs incurred up to the date of termination in conformance with each Task Order.
10. Ownership of the Work Product.
10.1. Creation; Determination. The parties agree that ownership of and other rights in any
intellectual property created by the University in the course of providing the Services under this
Agreement will be determined in accordance with the laws of the United States and the State of
Washington and the UW’s “Patent, Invention, and Copyright Policy”
(http://www.washington.edu/admin/rules/policies/PO/EO36.html). Except as otherwise
expressly provided herein, neither party shall by reason of this Agreement or its performance
obtain any right, title, license or other interest, either express or implied, to the other party's
intellectual property.
10.2. University Work Product. All work product and intellectual property including, without
limitation, any inventions, improvements and discoveries conceived including, all computer
software, copyrightable works, material, reports and data created in the course of performance of
the Work (“Work Product”) University produces under this Agreement is the property of
University. University grants to City a royalty-free, non-exclusive, non-commercial and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, that
Work Product for any governmental purpose.
10.3. City Work Product. All Work Product City produces under this Agreement is the property
of City. City grants to University a royalty-free, non-exclusive and irrevocable license to
reproduce, publish, otherwise use, and to authorize others to use, that Work Product for research
and educational purposes.
10.4. Joint Work Product. All work product and intellectual property including, without
limitation, any inventions, improvements and discoveries conceived including, all computer
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software, copyrightable works, material, reports and data produced by University and City
together in the course of performance of the Work (“Joint Work Product”) shall be jointly
owned by the City and University and both may reproduce, publish or otherwise use, and to
authorize others to use the Work Product produced by both parties jointly under this Agreement.
10.5. Infringement Indemnification. Subject to the limitations specified in Section 17 of this
Agreement, City will fully indemnify and hold harmless University, its Regents, its agents,
officials and employees from any and all claims, demands, suits, actions, proceedings, losses,
liabilities, damages, awards and costs of every kind and description (including reasonable
attorney’s fees and expenses at trial, on appeal and in connection with any petition for review),
which may be brought or made against University its agents, officials or employees and arising
out of or related to the infringement of any state or federal copyright, trademark or any other
applicable intellectual property laws caused by University’s use of City Work Product as
provided under this Agreement. Each party shall promptly notify the other in writing of any
action, claim or demand that said party reasonably expects to result in an indemnifiable loss.
11. Disclaimer.
University will conduct the Project in accordance with generally-accepted professional standards of
workmanship and effort at a quality comparable to research performed at major public and private
research universities within the United States. City understands that all Work is experimental in
nature and that the outcome of the Project is inherently uncertain and unpredictable. City agrees and
acknowledges that University has not made and does not make any representation, guarantee or
warranty, express or implied, regarding the results of the Project. EXCEPTING ONLY AS
EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND HEREBY
DISCLAIMS ALL SUCH WARRANTIES AS TO ANY MATTER WHATSOEVER INCLUDING,
WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO: (i) THE PROJECT AND ANY
RESULTS OF THE PROJECT; (ii) DATA, REPORTS, INFORMATION OR RESEARCH
PROVIDED BY EITHER UNIVERSITY OR CITY; AND (iii) ANY INVENTION OR PRODUCT,
OR OWNERSHIP THEREOF, WHETHER TANGIBLE OR INTANGIBLE, TESTED,
CONCEIVED, DISCOVERED, OR DEVELOPED IN THE PROJECT OR IN CONNECTION
WITH CONDUCTING THE PROJECT UNDER THIS AGREEMENT.
12. Limitation of Damages.
In no event shall either party be liable to the other party for any claims by the other party for indirect,
incidental, consequential, special, punitive, or exemplary damages, including lost profits, arising or
alleged to arise from this Agreement, its breach, or the transactions contemplated herein, however
caused, under any theory of liability.
13. Insurance.
The parties shall maintain during the term of this Agreement insurance coverage or an equivalent
program of self-insurance as follows:
1. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate limit, and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising injury.
2. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
3. Professional Liability insurance with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit, and shall cover insurance appropriate to the parties’ profession.
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4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the state of
Washington.
University is self-insured under RCW 28B.20.253.
14. Notice and Contacts.
14.1. Notices. Except as otherwise expressly provided in this Agreement, the parties will provide
any communications or notices in writing by personal delivery, facsimile, first-class mail
(postage prepaid) or email to the other party at their address set forth below unless either party
has designated a different contact with a previous notice.
14.2. Effective Date. All notices a party mails are effective three (3) days after the party mails the
notice. All notices a party sends by facsimile or email are effective when the transmitting
machine generates receipt of the transmission. All communications or notices a party delivers in
person are effective when that party actually delivers the notice.
14.3. Contacts.
Communications concerning work to be performed under this Agreement will be sent to:
City (Technical) University (Technical)
Jenna Leonard Branden Born
LCY Program Manager Associate Professor, Urban Design & Planning
CDPW - Environmental Services College of Built Environments
City of Auburn University of Washington
25 West Main St. 410 Gould Hall
Auburn, WA 98001 Seattle, WA 98105
253-804-5092 206-543-4975
jleonard@auburnwa.gov bbrorn@u.washington.edu
Communications regarding this Agreement will be sent to:
City (Business) University (Business)
Chris Andersen Office of Sponsored Programs
Environmental Services Manager University of Washington
City of Auburn 4333 Brooklyn Ave NE
25 West Main St. Seattle, WA 98105
Auburn, WA 98001-4998 206-543-4043
253-876-1962 osp@uw.edu
candersen@auburnwa.gov
City (Invoices) University (Invoices)
Attn: CDPW – Environmental Services Grant and Contract Accounting
City of Auburn University of Washington
25 West Main St. 4300 Roosevelt Way NE, Ste 300
Auburn, WA 98001-4998 Seattle, WA 98105
253-288-4318 206-616-9995
environmentalservices@auburnwa.gov gcahelp@uw.edu
In the case of a legal notice relating to a dispute, claim or controversy arising out of or relating to this
Agreement, a copy of such notice shall also be provided to:
City Attorney’s Office Washington State Attorney General’s Office
Attn: City Attorney University of Washington Division
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25 West Main St. Attention: Senior Assistant Attorney General
Auburn, WA 98001-4998 4333 Brooklyn Ave NE, 18th Floor
Box 359475
Seattle, WA 98195-9475
250-8043108 (Voice) 206-543-4150 (Voice)
253-931-4007 (Facsimile) 206-543-0779 (Facsimile)
agouw@u.washington.edu (Electronic Mail)
15. Disputes; Governing Law; Attorney’s Fees
15.1. Notice of Dispute, Negotiation and Mediation. Prior to commencing any legal action, the
parties will attempt in good faith to resolve through negotiation any dispute, claim or
controversy arising out of or relating to this Agreement. Either party may initiate such
negotiations by providing written notice to the other party specifying that this provision of this
Agreement is being utilized and setting forth the subject of the dispute and the relief requested.
The party receiving such notice will respond in writing within ten business (10) days with a
statement of its position on, and recommended solution to, the dispute. If the dispute is not
resolved by this exchange of correspondence, then representatives of each party with full
settlement authority shall meet at a mutually agreeable time and place in Seattle, Washington
within ten business (30) days of the date of the initial notice in order to exchange relevant
information and perspectives, and to attempt in good faith to resolve the dispute. If the dispute is
not resolved by these negotiations, the matter will be submitted to a mutually agreeable and
recognized nonbinding mediation service prior to initiating legal action. Any such mediation
shall be conducted in Seattle, Washington and the costs of the mediation service shall be shared
equally by the parties.
15.2. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by and
enforced according to the laws of the State of Washington and the United States, without giving
effect to its or any other jurisdiction’s choice of law provisions, and the Superior Court of
Washington for King County shall have exclusive jurisdiction and venue of all disputes arising
under this Agreement, except that in any case where the courts of the United States shall have
exclusive jurisdiction over the subject matter of the dispute, the United States District Court for
the Western District of Washington, Seattle division, shall have exclusive jurisdiction and venue.
15.3. Attorney Fees. In any action sought to enforce or interpret this Agreement or any provision
of this Agreement, each party shall bear its own attorney’s fees and costs.
16. Confidential Information.
The parties acknowledge that they have not and that they do not anticipate disclosing to each other
any confidential or proprietary information in connection with this Agreement or a Project undertaken
in connection with this agreement. In the event that a party believes that a disclosure of confidential
or proprietary information will be required to carry out a Project, such party will promptly notify the
other party and request that the parties enter into an appropriate confidential disclosure agreement on
terms mutually agreeable to both parties. Unless and until any such confidential disclosure agreement
has been executed by the duly authorized representatives of the parties, nothing in this Agreement, a
task order executed in connection with this Agreement, a Project, or the results of a Project will be
deemed to be confidential or restricted from disclosure by either party to any third party.
17. Family Educational Rights and Privacy Act.
City agrees to protect the confidentiality of student information and to comply with the Family
Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations, specifically
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20 U.S.C. 1232g, 34 C.F.R. § 99.1 et seq., and University Policy 571-020, with respect to any
redisclosure of personally identifiable information from education records obtained from the
University.
18. Independent Contractors.
The Parties are independent contractors and nothing in this Agreement creates a partnership, agency,
or joint venture between the parties. Neither party has the power to bind or obligate the other in any
manner, other than as this Agreement expressly sets forth. Each party is responsible for wages, hours,
benefits, taxes, and workers’ compensation and conditions of employment of their respective
personnel under this Agreement.
19. Indemnity.
19.1. University. To the extent permitted by the laws of the State of Washington, University will
defend, indemnify, and hold City harmless from and against any damage, cost or liability for any
or all injuries to persons or property arising from University or its employees’ or agents’
negligent acts or omissions under this Agreement.
19.2. City. To the extent permitted by the laws of the jurisdiction in which City’s headquarters is
located, City will defend, indemnify, and hold University harmless from and against any
damage, cost or liability for any or all injuries to persons or property arising from City or its
employees’ or agents’ negligent acts or omissions under this Agreement.
20. Sovereignty.
Nothing in this Agreement is a waiver of University’s or City’s sovereign or governmental
immunities.
21. Survival.
All provisions of this Agreement that would reasonably be expected to survive the termination of this
Agreement will do so.
22. Severability.
If a court of competent jurisdiction determines any term or provision of this Agreement is invalid or
unenforceable to any extent, it will not be affect the remainder of this Agreement, and each term and
provision of this Agreement will remain valid and enforceable to the fullest extent law allows
23. No Third Party Beneficiaries.
University and City are the only parties to this Agreement and are the only parties entitled to enforce
its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or
provide any benefit or right, whether directly, indirectly or otherwise, to third persons
24. Compliance.
The parties agree to comply with all applicable Federal, state, and local laws, including but not
limited to those regarding nondiscrimination in employment because of race, color, ancestry, national
origin, religion, sex, marital status, age, medical condition, or disability; and any applicable laws
relevant to the protections of human subjects involved in Research.
25. Export Control.
City understands that the parties are subject to and that Washington’s obligations under this
Agreement are contingent upon compliance with certain laws and regulations of the United States
applicable to the export of technical data and information, computer software, laboratory prototypes
and other commodities (including without limitation the Arms Export Control Act, as amended, and
the Export Administration Act of 1979) (“Export-Controlled Materials”). City understands that the
transfer of any Export-Controlled Materials to City under this Agreement or under any other
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agreement entered into pursuant to this Agreement, including transfers to City’s affiliates and
permitted uses by certain third parties, may require a license from a cognizant agency of the United
States Government and/or written assurances by City that City shall not transfer Export-Controlled
Materials to certain foreign countries without the prior approval of an appropriate agency of the
United States government. The University neither represents that any such export license shall not be
required, nor that, if required, it shall be issued. City agrees that it will not provide or make
accessible to University any Export-Controlled Materials without first notifying University in writing
of the existence and nature of the Export-Controlled Materials and obtaining the prior written
agreement of the University, through a duly-authorized University representative, for the University
to receive such Export-Controlled Materials. All Export-Controlled Materials shall be conspicuously
labeled “Export Controlled” together with any applicable Export Control Classification Number.
26. Bayh-Dole Requirements.
In the event University receives any funding from a funding agency of the U. S. government for a
Project in connection with any Task Order, City understands and agrees that the intellectual property
or other similar rights covered by this Agreement may be subject to the rights and limitations of U.S.
Public Laws 96-517 and 98-620, 35 USC §§200-211, and various implementing regulations,
including those codified at 37 CFR Part 401, known generally and collectively as “Bayh-Dole
Requirements.” In such case, the parties agree to include, where applicable, in any application for a
U.S. Patent a statement fully identifying the rights of the U.S. government under the Bayh-Dole
Requirements; and City acknowledges that the University shall be required to grant the U.S.
government a worldwide, non-exclusive, royalty-free license for such invention covered by any
Patent notwithstanding anything in this Agreement to the contrary.
27. Non-Waiver.
If either party fails to enforce any provision of this Agreement, it does not constitute that party’s
waiver of that or any other term or provision of this Agreement.
28. Force Majeure.
Nonperformance by a party, other than payment of any amounts due hereunder by City, shall not
operate as a default under or breach of the terms of this Agreement to the extent and for so long any
such nonperformance is due to: strikes or other labor disputes; prevention or prohibition by law; the
loss or injury to products in transit; an Act of God; or war or other cause beyond the control of such
party.
29. Execution and Counterparts.
The parties may execute this Agreement in counterparts, and via facsimile or electronically
transmitted signature (i.e. emailed scanned true and correct copy of the signed Agreement), each of
which the parties will consider an original and all of which together will constitute one and the same
agreement. At the request of a party, the other party will confirm facsimile or electronically
transmitted signature page by delivering an original signature page to the requesting party.
30. Entire Agreement; Modification.
This Agreement, including all exhibits and attachments, constitutes the sole agreement between the
parties with respect to is subject matter. The parties may only amend it in writing signed by an
authorized representative of each party. Executed Task Orders may only be amended in a writing
signed by authorized representatives of each party.
31. Agreement Interpretation.
31.1. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and shall not constitute a part of this Agreement or act as a
limitation of the scope of the particular paragraph or sections to which they apply.
DI.A Page 15 of 62
Page 9 of 13
31.2. As used herein, where appropriate, the singular shall include the plural and vice versa and
masculine, feminine and neutral expressions shall be interchangeable.
31.3. Interpretation or construction of this Agreement shall not be affected by any determination as
to who is the drafter of this Agreement, this Agreement having been drafted by mutual
agreement of the parties.
[SIGNATURES APPEAR ON NEXT PAGE]
DI.A Page 16 of 62
Page 10 of 13
CITY OF AUBURN UNIVERSITY OF WASHINGTON
Signature Signature
Nancy Backus
Name Name
Mayor, City of Auburn
Title Title
Date Date
Tax ID No. 91-6001228 Tax ID No. 91-6001537
DI.A Page 17 of 62
Page 11 of 13
Exhibit A–Template Task Order
Exhibit A – Template Task Order Cover Sheet
(See 3, Scopes of Work for content detail)
Task Order No. ____
Pursuant to the MASTER AGREEMENT (“Agreement”) between the City of Auburn (“City”) and
University of Washington (“University”) effective _________, University will undertake this Task Order
as follows:
1. University staff will provide the services described in Attachment 1, attached hereto and
incorporated herein.
2. Period of Performance in conformance with the Agreement requirements and specific
requirements of Attachment 1.
3. Fixed Price: $________, payable per Sections 6 and 7 of the Agreement and in accordance with
the following invoicing schedule:
a. XX% upon execution of this Task Order;
b. XX% upon delivery of the final report.
4. Funds Available and Authorized. City certifies at the time of signing this Task Order that within
City’s current appropriation or limitation it has sufficient funds available and authorized for
expenditure for all payments that this Task Order requires.
5. Additional Terms: ____
Acknowledged and accepted:
UNIVERSITY OF WASHINGTON CITY OF AUBURN
By: By:
Name: Name:
Title: Title:
Date: Date:
DI.A Page 18 of 62
Page 12 of 13
Exhibit B. Initial List of City Projects
Administration
Auburn Urban Artists in Action
Cultural / Neighborhood Mapping
Neighborhood Matching Grant Use: Beautification Projects
Mobile Home Refurbishing
CDBG Planning
Human Service Resource Gaps & Overlaps
Assessment of City of Auburn Mayor’s Taskforce on Homelessness Recommendations
Study of Resident Awareness & Preparedness for Emergencies
Small Business Incubator/Accelerator Study
Innovation Partnership Zone Expansion
Community Development & Public Works
Parking Management
Comprehensive Plan E-Reader
Marketing & Awareness of City Values
Crime Prevention Through Environmental Design (CPTED)
Incentives for Maintaining an Aging Existing Housing Stock
Tools that Monitor the Health, Condition, Type, and Spatial Distribution of Housing
Connectivity Element to the City’s Comprehensive Plan
Graffiti Management
Developing Level of Service of Parks & Trails
Incentives for Establishment of More Healthy Food Alternatives to More Sections of the City
Community Placemaking
Impression Corridor Outreach & Marketing
International Green Construction Code
Climate Action Plan
Long-term Management Plan for Environmental Sites
Storm Utility – Bowman Creek On-Site Septic System
Storm Utility T Basin – Pet Waste
Storm Utility LID Feasibility Mapping
Storm Utility LID Maintenance Costs
Storm Utility Python Data QC
Sewer Utility Wastewater Discharge Behaviors
Traffic Collision Analysis Tool
Finance
Auburn School District Food Waste Prevention Outreach & Education
Campaign to Address Litter & Illegal Dumping in Auburn
Human Resources / Risk Management
Community Court Program
Innovation and Technology
Homelessness Assessment
DI.A Page 19 of 62
Page 13 of 13
Buy Local Program
Utility Rate Analysis
Smarter Cities
Garbage & Recycling Contract Analysis
3D Modeling
Broadband Coverage & Strengths
Environmental Data Inventory
Amphitheater Traffic Analysis
Parks, Arts, & Recreation
Cultural Art, Theater, & Plaza Plan
Trail Connectivity Feasibility Study
Police
Needs Assessment for Future Public Safety Building
DI.A Page 20 of 62
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6600 (5 Minute Presentation/15 Minute
Q&A)
Date:
August 16, 2016
Department:
Community Development &
Public Works
Attachments:
Proposed Ordinance No. 6600
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6600
Background Summary:
The proposed ordinance would modify the City’s regulations for the keeping of
animals on residential properties, as summarized below. Discussions were held with
the Planning Commission in February 2, and March 8, of this year along with a final
presentation on May 3rd followed up with a formal public hearing conducted on May
17th*.
The Planning Commission’s recommendation of proposed changes is summarized as
follows:
1) add new definitions and regulations for beekeeping
2) update definitions and regulations for keeping domestic fowl (e.g. chickens)
3) modify the definition for small domestic animals (“household pets”) to except
animals such as fish
4) modify and clarify the definition for medium domestic animals (e.g. miniature goats)
5) modify and clarify the definition for large domestic animals (e.g. horses)
6) combine the existing two code sections that contain the regulations for keeping
animals into one section, update incorrect or non-applicable code verbiage (e.g.
licensing requirements for potbelly pigs does not exist) in these sections, and other
general updates (e.g. add chicken coops must meet setbacks)
7) add section that requires existing areas or structures housing animals to meet
these updated Code provisions for setbacks within 30 days of notification by the City.
Language is included that allows a request for extension beyond the 30 days.
Additionally, at the May 17th public hearing, the Planning Commission initiated a
discussion about the maximum number of small domestic animals (e.g. cats and
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 21 of 62
dogs) that a property owner is allowed to have on their property. Staff did not initiate
this conversation nor did any members of the public. The Planning Commission
looked at a section of code that has been in place since prior to the mid 1980’s which
establishes the limit of domestic animals at four (4). While the purpose of the staff
initiated amendments was to address targeted areas of the existing code, the limit of 4
small domestic animals is not an area that staff believed needed to be
changed. Nonetheless, the Planning Commission asked staff why the limit was set at
4. Not knowing that this would be an area of concern, Staff did not know the history of
how the number 4 was derived. The Planning Commission felt that this limitation was
arbitrary and voted to recommend that it be increased to 5. Staff has no basis for
recommending that this limit be increased from 4 to 5 and believes that 5 is equally
arbitrary. Additionally, since staff is not able to produce documentation that the
existing limit of 4 is problematic, staff is a bit perplexed at the rational for changing the
limit from 4 to 5. A change to 5 animals would also necessitate a further change to
ACC 6.04.040 “Maximum number of dogs or cats”. Staff encourages City Council to
consider the appropriateness of this part of the Planning Commission’s
recommendation
At the June 20, 2016 City Council meeting, the Council remanded the section of the
ordinance relating to setbacks for structures and areas housing domestic fowl back to
the Planning Commission for further consideration. Staff introduced the remand to the
Planning Commission on July 12, 2016 and brought forward a more in-depth
discussion on August 16, 2016. The Planning Commission discussed several options
that were presented by City Staff and have made a recommendation to allow the
structures and yard areas housing (or containing) domestic fowl only in the rear yard
and no closer than 10 feet to a rear or side property line.
Reviewed by Council Committees:
Other: Planning, Legal, & Building
Councilmember: Staff:Snyder
Meeting Date:August 22, 2016 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 22 of 62
--------------------------------
Ordinance No. 6600
August 17, 2016
Page 1 of 17
ORDINANCE NO. 6 6 0 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING NEW
SECTIONS 18.04.115, 18.04.237, 18.04.238, 18.04.523,
AND 18.04.617, OF THE CITY CODE , AMENDING
SECTIONS 18.04.325, 18.04.622, 18.04.823 (FORMERLY
SECTION 18.04.495), 18.07.020, 18.07.030 AND
18.31.220 OF THE CITY CODE AND REPEALING
SECTION 18.31.230 OF THE AUBURN CITY CODE, AND
PROVIDING FOR THE AMORTIZATION OF SETBACK
REQUIREMENTS, RELATING TO ZONING AND LAND
USE CODE PROVISIONS FOR ANIMALS
WHEREAS, the current language of the Auburn City Code includes zoning
and land use code provisions that address various different animal and pet
regulations; and
WHEREAS, with respect to some of those provisions, additions to and
modifications of provisions would be valuable for the City to be better able to
address issues related to the zoning and land use issues in ways that
accommodate the interaction between the City’s nuisance codes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to City Code. That a new Section 18.04.115 of
the Auburn City Code be, and the same hereby is created to read as follows:
18.04.115 Apiary
“Apiary” (“apiaries”) means a place where honey bees (apis mellifera) are
kept; a collection of beehives. “Beekeeping” is included under this definition.
Section 2. New Section to City Code. That a new Section 18.04.237 of
the Auburn City Code be, and the same hereby is created to read as follows:
DI.B Page 23 of 62
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Ordinance No. 6600
August 17, 2016
Page 2 of 17
18.04.237 Chicken coop.
“Chicken coop” means a building for housing and weather protection for
domestic fowl. The chicken coop is treated as an accessory structure.
Section 3. New Section to City Code. That a new Section 18.04.238 of
the Auburn City Code be, and the same hereby is created to read as follows:
18.04.238 Chicken run.
“Chicken run” or “chicken pen” means an area enclosed by fencing or
netting which may or may not be connected to a coop within which domestic fowl
can move about freely within a limited portion of the property or site.
Section 4. New Section to City Code. That a new Section 18.04.523 of
the Auburn City Code be, and the same hereby is created to read as follows:
18.04.523 Large domestic animal.
“Large domestic animal” means horses, ponies, donkeys, cows, standard
size goats, llamas, oxen, standard size pigs, and other similar sized animals.
Section 5. New Section to City Code. That a new Section 18.04.617 of
the Auburn City Code be, and the same hereby is created to read as follows:
18.04.617 Medium domestic animal.
“Medium domestic animal” means potbelly pigs, miniature goats, miniature
horses, and other similar sized animals that are larger than a small domestic
animal and smaller than a large domestic animal.
Section 6. Amendment to City Code. That Section 18.04.325 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.04.325 Domestic fowl and poultry.
“Domestic fowl and poultry” includes all species of chickens, turkeys, geese,
and ducks, pigeons or other fowl or poultry of similar size and character. Roosters
and peafowl are not included in this definition and are not permitted . (Ord. 6369 §
5, 2011.)
Section 7. Amendment to City Code. That Section 18.04.622 of the
Auburn City Code be and the same hereby is amended to read as follows:
DI.B Page 24 of 62
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Ordinance No. 6600
August 17, 2016
Page 3 of 17
18.04.622 Miniature goat.
“Miniature goats” include species of goats commonly known as pygmy (Capra
hircus hircus pygmy), or Nigerian dwarf (Capra hircus hircus nigerian dwarf) and
miniature goats. (Ord. 6369 § 6, 2011.)
Section 8. Amendment to City Code. That Section 18.04.823 (formerly
18.04.495) of the Auburn City Code be and the same hereby is amended to read
as follows:
18.04.823 Household pet Small domestic animal.
“Household pet Small domestic animal” means a domesticated animal of
ordinary species that lives, or is commonly known to be capable of living, within
the confines of a residence such as dogs, cats, common rabbits, ferrets, or other
similar sized animals. Other indoor animals weighing less than ten (10) pounds,
such as, but not limited to, caged birds, small rodents, fish, and non -venomous
reptiles or amphibians, and not kept for commercial purposes, are not regulated
under this title. Any endangered or exotic species are prohibited. Animals
considered to be common household pets include but are not necessarily limited
to the following: dogs, cats, rabbits, indoor birds, small rodents, and fish, miniature
goats, potbelly pigs, and domestic fowl. Animals not considered to be common
household pets include but are not necessarily limited to the following: horses,
cows, goats, sheep, swine, donkeys full-size swine, full-size goats and endangered
or exotic species and any similar species. (Ord. 6369 § 1, 2011; Ord. 6245 § 3,
2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720 , and
18.04.495.)
Section 9. Amendment to City Code. That Section 18.07.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
A. Residential Uses.
Accessory dwelling units P P P P X1 X1 X1
DI.B Page 25 of 62
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Ordinance No. 6600
August 17, 2016
Page 4 of 17
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Bed and breakfast P P P P P P P
Communal residence four or less individuals P P P P P P P
Duplexes; provided, that minimum lot size of
zoning designation is met and subject to
compliance with Chapter 18.25 ACC (Infill
Residential Development Standards)
X X A P P P X
Foster care homes P P P P P P P
Group residence facilities (7 or more
residents) X X X X C C C
Group residence facilities (6 or fewer
residents) P P P P P P P
Keeping household pets of animals4 P2 P2 P2 P2 P2 P2 P2
Multiple-family dwellings X X X X A P P
Neighborhood recreational buildings and
facilities owned and managed by the
neighborhood homeowners’ association
A6 A6 A6 A6 A6 P P
Use as dwelling units of (1) recreational
vehicles that are not part of an approved
recreational vehicle park, (2) boats, (3)
automobiles, and (4) other vehicles
X X X X X X X
Renting of rooms, for lodging purposes only,
to accommodate not more than two persons in
addition to the family or owner occupied unit8
P P P P P P P
Residential care facilities including but not
limited to assisted living facilities,
convalescent homes, continuing care
retirement facilities
P P X X A P P
Single-family detached dwellings, new P P P P P P X
DI.B Page 26 of 62
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Ordinance No. 6600
August 17, 2016
Page 5 of 17
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Supportive housing, subject to the provisions
of ACC 18.31.160 X X X X X P P
Swimming pools, tennis courts and similar
outdoor recreation uses only accessory to
residential or park uses
P P P P P P P
Townhouses (attached) X X X X P P P
B. Commercial Uses.
Commercial horse riding and bridle trails A X X X X X X
Commercial retail, included as part of mixed-
use development and not a home occupation
in compliance with Chapter 18.60 ACC
X X X X A A A
Daycare, limited to a mini daycare center.
Daycare center, preschool or nursery school
may also be permitted but must be located on
an arterial
X A A A A A A
Home-based daycare as regulated by RCW
35.63.185 and through receipt of approved
city business license
P P P P P P P
Home occupations subject to compliance with
Chapter 18.60 ACC P P P P P P P
Mixed-use development3 X X X X P P P
Nursing homes X X X X C C C
Private country clubs and golf courses,
excluding driving ranges X X C C C X X
Privately owned and operated parks and
playgrounds and not homeowners’
association-owned recreational area
X A A A A P P
Professional offices, included as part of
mixed-use development and not a home
occupation in compliance with Chapter 18.60
ACC
X X X X A A A
DI.B Page 27 of 62
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Ordinance No. 6600
August 17, 2016
Page 6 of 17
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
C. Resource Uses.
Agricultural enterprise:7
When 50 percent, or more, of the total site
area is dedicated to active agricultural
production during the growing season, and
with 52 or less special events per calendar
year
A7 X X X X X X
When less than 50 percent of the total site
area is dedicated to active agricultural
production during the growing season, or with
more than 52 special events per calendar year
C7 X X X X X X
Agricultural type uses are permitted provided
they are incidental and secondary to the
single-family use:
Agricultural crops and open field growing
(commercial) P X X X X X X
Barns, silos and related structures P X X X X X X
Commercial greenhouses P X X X X X X
Pasturing and grazing4 P X X X X X X
Public and private stables4 P X X X X X X
Roadside stands, for the sale of agricultural
products raised on the premises. The stand
cannot exceed 300 square feet in area and
must meet the applicable setback
requirements
P X X X X X X
Fish hatcheries C X X X X X X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs X X X X A A A
Government facilities A A A A A A A
Hospitals (except animal hospitals) X X X X X C C
DI.B Page 28 of 62
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Ordinance No. 6600
August 17, 2016
Page 7 of 17
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Municipal parks and playgrounds A P P P P P P
Museums X X X X A A A
Religious institutions, less than one acre lot
size A A A A A A A
Religious institutions, one acre or larger lot
size C C C C C C C
Transmitting towers C C C C C C C
Type 1-D wireless communication facility (see
ACC 18.04.912(J)) P P P P P P P
Utility facilities and substations C5 C5 C5 C5 C5 C5 C5
1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant
to ACC 18.31.120.
2. Please see the supplemental development standards for animals in ACC 18.31.220.
3. Individual uses that make up a mixed-use development must be permitted within the zone. If a
use making up part of a mixed-use development requires an administrative or conditional use
permit, the individual use must apply for and receive the administrative or conditional use approval,
as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge
zones is regulated by the King or Pierce County board of health, and property o wners shall comply
with the provisions of the King County board of health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6. Administrative use permit not required when approved as part of a subdivision or binding site
plan.
7. Agricultural enterprise uses are subject to supplemental development standards under ACC
18.31.210, Agricultural enterprises development standards.
8. An owner occupant that rents to more than two persons but no more than four persons is required
to obtain a city of Auburn rental housing business license and shall meet the standards of the
International Property Maintenance Code.
(Ord. 6565 § 2, 2015; Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363
§ 3, 2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.)
DI.B Page 29 of 62
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Ordinance No. 6600
August 17, 2016
Page 8 of 17
Section 10. Amendment to City Code. That Section 18.07.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
Table 18.07.030
Residential Development Standards
Standard RC R-1 R-5 R-7 R-10 R-16 R-20
A Base density (units per
net acre) 0.25 1 5 7 10 16 20
B Minimum density (units
per net acre)1 0.25 1 4 5 8 12 15
C Minimum average lot
area per dwelling unit
(square feet)
174,240 35,000 8,000 6,000 4,300 2,700 2,175
D Minimum lot area per
dwelling unit (square
feet)
174,240 35,000 6,000 4,300 2,000 2,000 2,000
E
Minimum lot width (feet)2 125 125 50 40
20 for
interior
lots; 35
for
exterior
lots
20 for
interior
lots; 35
for
exterior
lots
20 for
interior
lots; 35
for
exterior
lots
F Minimum setbacks
(feet)2,3
1 Residence front setback3 35 35 10 10 10 10 10
2
Garage (minimum front
setback required from
street access)3
20 20 20 20 20 20
20 unless
alley-
loaded
then 15
provided
there are
DI.B Page 30 of 62
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Ordinance No. 6600
August 17, 2016
Page 9 of 17
Table 18.07.030
Residential Development Standards
Standard RC R-1 R-5 R-7 R-10 R-16 R-20
20 feet
from any
garage
3 Setback to any property
line for barns, stables,
coops, or similar
structures for enclosure
of large domestic
animals.
For other animals, see
the supplemental
development standards
for animals in ACC
18.31.220.
75 X X X X X X
4 Setback to any property
line for any corral,
exercise yard, or arena
for large domestic
animals.
For other animals, see
the supplemental
development standards
for animals in ACC
18.31.220.
35 X X X X X X
5 Interior side setback 20 10 5 5 5 5 5
6 Street side setback3 35 20 10 10 10 10 10
7 Rear setback3 35 35 20 20 20 20 20
8 Rear setback, detached
structure 15 15 10 5 5 5 5
DI.B Page 31 of 62
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Ordinance No. 6600
August 17, 2016
Page 10 of 17
Table 18.07.030
Residential Development Standards
Standard RC R-1 R-5 R-7 R-10 R-16 R-20
In all zones, 20 ft for
structure with vehicular
entrance oriented toward
street or public alley3
G Maximum lot coverage
(%) 25 35 40 50 60 70 70
H Maximum impervious
area (%) 25 50 65 75 N/A N/A N/A
I Maximum building height
(feet) 35 35 35 35 45 45 50
J Maximum height of
accessory buildings and
structures
354 35 16 16 16 NA NA
K Minimum front setback
area landscape strip
(feet)
N/A N/A 5 5 10 10 10
L Minimum side setback
area landscape strip
(feet)
N/A N/A 5 5 10 10 10
M Minimum landscaped
open space (%) N/A N/A N/A N/A 20 20 20
1. For purposes of calculating minimum density, critical area buffers are not included in net site
area. See ACC 18.02.065 for calculation of net acreage for minimum density.
2. All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the
satisfaction of the city engineer that all required utility infrastructure, access requirements, and
street elements can be accommodated in accordance with the design and construction standards.
3. In addition to meeting setback requirements, all structures must meet sight distance
requirements in accordance with city design and construction standards.
4. Barns and other specialized structures used for agricultural purposes may exceed the height
limits.
DI.B Page 32 of 62
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Ordinance No. 6600
August 17, 2016
Page 11 of 17
(Ord. 6245 § 5, 2009.)
Section 11. Amendment to City Code. That Section 18.31.220 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.31.220 Permitted animals.1
The types and allowed number of animals permitted, are listed as follows,
provided the following requirements are met. The specified minimum lot size per
animal are absolute requirements. No variances, waivers, and/or modifications
under the Auburn City Code shall be granted. The keeping of animals that require
no lot size or lesser lot size are allowed to be cumulative, when lot size
requirements have been met. For example, on a 12,500 square -foot lot, the
keeping of one (1) miniature goat, one (1) potbelly pig, and two (2) dogs could be
allowed. Licensing of pets and animal control is governed by ACC Title 6, Animals.
A. Small Domestic domestic Fowlanimals. Small Domestic domestic
fowl animals may be kept as small animals if the owner complies with the following:
1. Small domestic animals are permitted as an accessory use to a
residence or business.
2. Up to four (4) small domestic animals, including foster animals, per
dwelling or commercial building regardless of lot size. Offspring less than six (6)
months of age are not included in this number.
3. A pet license is required for each cat or dog in accordance with
chapter 6.04, Animal Licensing.
B. Domestic fowl. Domestic fowl may be kept if the owner complies with
the following:
1. Domestic fowl and poultry are permitted as an accessory use to a
single-family residence.
12. Roosters and peafowl are not permitted.
23. Structures, or yard areas including chicken coops, pens or runs,
housing or containing domestic fowl must comply with accessory structure
setbacks applicable in the zoning district where the shelter is to be located are only
allowed in the rear yard (the area between the rear yard lot line and the extension
of the rear façade of the principal structure) and shall be setback from the rear and
side yard lot lines by a distance of at least 10 feet.
34. Up to a total of four (4) domestic fowl and poultry can be kept on lots
that are at least 6,000 gross square feet in size. On lots that are larger than 6,000
gross square feet, one additional small lot domestic fowl or poultry animal may be
kept per additional 2,000 gross square feet as shown in ACC 18.31.230. The
maximum number of domestic fowl allowed per lot is ten (10); this maximum does
1 Code reviser’s note: Ordinance 6369 adds these provisions as Section 18.31.210. The section
has been renumbered to avoid duplication of numbering.
DI.B Page 33 of 62
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Ordinance No. 6600
August 17, 2016
Page 12 of 17
not apply to properties zoned RC, Residential Conservancy or R-1, residential one
dwelling unit per acre.
45. Please referenceThe keeping conforms to ACC 8.28.010 regarding
noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and
safety, and ACC 6.24.020 regarding slaughtering.
BC. Miniature Goats. Miniature goats are medium domestic animals and
may be kept as small animals if they are licensed as follows if the owner complies
with the following:
1. Miniature goats are permitted as accessory use to a single-family
residence.
2. Male miniature goats must be neutered.
23. All miniature goats must be dehorned.
34. Nursing offspring of miniature goats licensed according to the
provisions of this code may be kept until weaned, but no longer than 12 weeks
from birth without meeting the requirements contained herein.
45. Shelter The location of structures housing miniature goats must
comply with accessory structure setbacks applicable in the zoning district where
the shelter property is to be located.
56. Licensing must be done in accordance with ACC Title 6, Animals,
which incorporates the provisions of King County Code Title 11, Animal Care and
Control.
6. Up to two (2) miniature goats are allowed on lots that are at least
12,500 gross square feet in size. On lots that are greater than 12,500 gross square
feet, one (1) additional medium size domestic animal may be kept per additional
7,500 gross square feet as shown in ACC 18.31.230.
7. Please referenceThe keeping conforms to ACC 8.28.010 regarding
noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and
safety, and ACC 6.24.020 regarding slaughtering.
CD. Potbelly Pigs. Miniature potbelly pigs are medium domestic animals
and may be kept as a small animal; provided, that no swine that is greater than 22
inches in height at the shoulder or more than 150 pounds in weight may be kept in
the cityin the owner complies with the following.:
1. Potbelly pigs are permitted as accessory use to a single-family
residence.
2. Potbelly pigs are no greater than 24 inches in height at the shoulder
and no more than 150 pounds.
3. Nursing offspring of potbelly pigs licensed according to the
provisions of this code may be kept until weaned, but no longer than 12 weeks
from birth without meeting the requirements contained herein.
24. Shelter The location of structures housing potbelly pigs must comply
with accessory structure setbacks applicable in the zoning district where the
shelter property is to be located.
DI.B Page 34 of 62
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Ordinance No. 6600
August 17, 2016
Page 13 of 17
35. Licensing must be done in accordance with ACC Title 6, Animals,
which incorporates the provisions of King County Code Title 11, Animal Care and
Control.
45. Two (2) potbelly pigs can be kept on lots that are at least 12,500
gross square feet in size. On lots that are greater than 12,500 gross square feet,
one (1) additional medium size domestic animal may be kept per additional 7,500
gross square feet as shown in ACC 18.31.230.
56. Please reference The keeping conforms to ACC 8.28.010 regarding
noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and
safety, and ACC 6.24.020 regarding slaughtering.
E. Large domestic animals. Large domestic animals may be kept if the
owner complies with the following:
1. Large domestic animals are allowed as an accessory use to a single-
family residence.
2. Two (2) large domestic animals can be kept on lots that are at least
one (1) acre in size.
3. On lots that are larger than one (1) acre, one (1) additional large
domestic animal may be kept per additional 21,780 square feet.
4. The location and structures housing large domestic animals and any
corral, exercise yard or arena, must comply with the setbacks applicable in the
zoning district where the property is located.
5. The keeping conforms to ACC 8.28.010 regarding noise disturbance,
ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC
6.24.020 regarding slaughtering.
F. Apiaries (keeping of honey bees [apis mellifera]), also referred to as
beekeeping, may be permitted if the owner complies with the following:
1. Beekeeping is allowed as an accessory use to a single -family
residence.
2. All hives are registered with the State Department of Agriculture.
3. No more than two (2) hives, each with only one (1) swarm , shall be
kept on lots of less than ten thousand (10,000) square feet.
4. Hives shall not be located within twenty-five (25) feet of any property
line with the hive(s) entrance(s) facing away from the nearest property line.
5. The keeping conforms to ACC 8.28.010 regarding noise disturbance
and ACC 8.12.020 regarding nuisances affecting public health and safety.
G. Amortization of pre-existing, nonconforming, structures housing
animals and runs or pens. An individual who receives written notice from the city
that a structure (coop) or yard area (runs or pens) housing animals regulated by
this section, except small domestic animals, that does not comply with setback
requirements shall have thirty (30) days from the date of notification to bring the
property/structure into compliance. If any individual believes that his or her
circumstances pose particular difficulty in meeting the 30-day timeframe for
compliance with the setback requirements of this section, the individual may
request in writing of the community development & public works director (planning
DI.B Page 35 of 62
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Ordinance No. 6600
August 17, 2016
Page 14 of 17
director) or designee additional time to bring his or her activity into conformity.
Decisions of the community development & public works director (planning
director) or designee to grant or deny the extension shall be final and conclusive.
(Ord. 6369 § 8, 2011.)
Section 12. Repeal of Section in City Code. That Section 18.31.230 of
the Auburn City Code be and the same hereby is repealed.
Section 13. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 14. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances.
Section 15. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:___________________
PASSED: _______________________
APPROVED: _____________________
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
DI.B Page 36 of 62
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Ordinance No. 6600
August 17, 2016
Page 15 of 17
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.B Page 37 of 62
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Ordinance No. 6600
August 17, 2016
Page 16 of 17
SECTION BEING DELETED
18.31.230 Table of allowed districts.1
The allowable numbers of animals permitted outright, provided the minimum lot size is
met, are detailed in the following table. The specified minimum lot sizes are absolute
requirements. No variances, waivers, and/or modifications under the Auburn City Code
may be granted. The keeping of animals that require lesser lot size is allowed to be
cumulative, when lot size requirements have been met. Licensing of pets and animal
control is governed by ACC Title 6, Animals, which incorporates the provisions of King
County Code Title 11, Animal Care and Control.
RC R-1 R-5 R-7 R-10 R-16 R-20 RO C-1 C-2 C-3
Goats Y Y Y Y C* C* C* N N N Y
Pigs Y Y Y Y C* C* C* N N N Y
Chickens Y Y Y Y C* C* C* N N N Y
Y = Yes
N = No
C = Conditional
*Permitted as an outright use if more than 50 percent of the property is not covered with impervious
surface. If the property is more than 50 percent covered with impervious surface then the applicant
must apply for an administrative use permit pursuant to Chapter 18.64 ACC. These applications
will not be processed as conditional use permits.
Type of Animal Maximum Number of Animals
Permitted Outright
Household pets: dogs, cats, rabbits, caged
indoor birds, small rodents, and if weighing
less than 10 pounds any nonvenomous
reptiles and amphibians.
4* per dwelling or commercial building
regardless of lot size. A pet license is
required for each cat or dog.
Domestic fowl. 4 on lots that are at least 6,000 gross sq.
ft. in size. On lots that are larger than 6,000
gross sq. ft., 1 additional small lot domestic
animal may be kept per additional 2,000
gross sq. ft.
Medium size animals: potbelly pigs, and
miniature goats that are smaller than 24
inches at the shoulder and/or not more
than 150 pounds in weight.
2 on lots that are at least 12,500 gross sq.
ft. in size. On lots that are greater than
12,500 gross sq. ft., 1 additional medium
lot domestic animal may be kept per
additional 7,500 gross sq. ft.
Large size animals: horses, ponies,
donkeys, cows, standard size goats,
llamas, oxen, standard size pigs.
2 on lots that are at least 1 gross acre in
size. On lots that are larger than 1 gross
acre, 1 additional large lot domestic animal
may be kept per additional 21,780 sq. ft.
*Includes foster animals.
(Ord. 6369 § 9, 2011.)
DI.B Page 38 of 62
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Ordinance No. 6600
August 17, 2016
Page 17 of 17
1 Code reviser’s note: Ordinance 6369 adds these provisions as Section 18.31.211. The section
has been renumbered to match the renumbering of the preceding section.
DI.B Page 39 of 62
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6614 (5 Minute Presentation/5 Minute Q&A)
Date:
August 8, 2016
Department:
CD & PW
Attachments:
Draft Ordinance No. 6614
Exhibit A
Exhibit B
Staff Report
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
The City of Auburn has determined that the two rights-of-way (ROW) within the City
owned parking lot in the vicinity of the 50 foot right-of-way and the 14 foot alley, south
of East Main Street and East of A Street SE are no longer required to meet the needs
of the City. The 50 foot ROW was dedicated to the City for street purposes by
Warranty Deed on March 17, 1920. The 14 foot Alley was dedicated to the City for
street purposes by Warranty Deed on September 24, 1920. City staff and utility
providers who have an interest in this right-of-way have reviewed the proposed right-
of-way vacation. Through this review City staff has determined that the right of way is
no longer necessary to meet the needs of the City and could be vacated.
A Public Hearing to consider this application and hear public comment is scheduled
before the City Council on September 6, 2016 in accordance with Auburn City Code
Chapter 12.48.070. Ordinance No. 6614, if adopted by City Council would approve
Vacation No. V2-16 and vacate the right-of-way subject to conditions outlined in the
Ordinance.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:August 22, 2016 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 40 of 62
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 41 of 62
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Draft Ordinance No. 6614
July 6, 2016
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ORDINANCE NO. 6614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, APPROVING THE
VACATION OF RIGHT-OF-WAY IN THE VICINITY OF THE
50 FOOT RIGHT-OF-WAY AND THE 14 FOOT ALLEY
SOUTH OF EAST MAIN STREET AND EAST OF A
STREET SE
WHEREAS, the City of Auburn, Washington, has determined through an
evaluation of its needs for streets and right-of-ways located in the vicinity of the 50 foot
right-of-way and the 14 foot alley, south of East Main Street and east of A Street SE,
dedicated to the City through Warranty Deed under Recording Number 1400591 on
February 17, 1920 and Recording Number 1454217 on September 24, 1920, may no
longer be needed to meet the needs of the City and that a public hearing should be set
to determine if said right-of-way should be vacated; and,
WHEREAS, a request for vacation of said right-of-way was circulated to Puget
Sound Energy, CenturyLink, Comcast and City Departments and comments were
received; and
WHEREAS, Resolution No. 5243 calling for a public hearing was approved
August 1, 2016; and
WHEREAS, posting requirements of Auburn City Code 12.48.070 have been
met; and
WHEREAS, a public hearing was held before the City Council on September 6,
2016; and
DI.C Page 42 of 62
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Draft Ordinance No. 6614
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WHEREAS, through this process, the City has determined that it no longer
needs right-of-way in the vicinity of the 50 foot right-of-way and the 14 foot alley, south of
East Main Street and east of A Street SE, in the City of Auburn, Washington; and
WHEREAS, it is in the best interests of the City to vacate said portion of
said right-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation. That right-of-way in the vicinity of the 50 foot right-of-
way and the 14 foot alley, south of East Main Street and east of A Street SE, located
within the City of Auburn, Washington, legally described as follows:
50 FOOT RIGHT OF WAY DEDICATED UNDER
RECORDING NUMBER 1400591
THAT PORTION OF LOTS 5, 6, 9 AND 10 OF RIVER VIEW
ADDITION ACCORDING TO PLAT RECORDED IN VOLUME
9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY,
WASHINGTON, SAID PORTION MORE FULLY DECRIBED
AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY SOUTHWEST
CORNER OF PARCEL “A” OF BOUNDARY LINE
ADJUSTMENT BLA13-0007 RECORDED UNDER
RECORDING NUMBER 20131108900002, RECORDS OF
SAID COUNTY;
THENCE NORTH 88˚47’53” EAST ALONG THE
SOUTHERLY LINE OF SAID PARCEL “A” A DISTANCE OF
116.00 FEET TO AN ANGLE POINT IN THE SOUTH
BOUNDARY OF SAID PARCEL “A”;
THENCE SOUTH 01˚02’42” WEST A DISTANCE OF 27.15
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Draft Ordinance No. 6614
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FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER
VIEW ADDITION;
THENCE NORTH 88˚47’53” EAST ALONG THE SOUTH
LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF
PARCEL “A” 113.85 FEET TO THE SOUTHWEST CORNER
OF THE 50 FOOT WIDE RIGHT OF WAY DEEDED TO THE
CITY OF AUBURN UNDER RECORDING NUMBER
1400591, RECORDS OF SAID COUNTY, AND THE POINT
OF BEGINNING;
THENCE NORTH 01˚02’42” EAST ALONG THE WEST LINE
OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF
102.47 FEET TO THE SOUTH LINE OF THE 16 FOOT
WIDE ALLEY RECORDED UNDER RECORDING
NUMBERS 1039136 AND 1018859, RECORDS OF SAID
COUNTY;
THENCE NORTH 87˚31’17” EAST ALONG SAID ALLEY A
DISTANCE OF 50.09 FEET TO THE NORTHEAST CORNER
OF SAID 50 FOOT WIDE RIGHT OF WAY;
THENCE SOUTH 01˚02’42” WEST ALONG THE EAST LINE
OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF
102.47 FEET TO SAID SOUTH LINE OF SAID LOT 10;
THENCE SOUTH 88˚47’53” WEST ALONG THE SOUTH
LINE OF SAID LOT 10 A DISTANCE OF 50.04 FEET TO
THE POINT OF BEGINNING.
CONTAINS 5,151 SQUARE FEET (0.127 ACRES), MORE
OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS
CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA
13-0007 RECORDED UNDER RECORDING NUMBER
20131108900002.
14 FOOT WIDE ALLEY DEDICATED UNDER RECORDING
NUMBER 1454217
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Draft Ordinance No. 6614
July 6, 2016
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THAT PORTION OF LOTS 8 AND 10 OF RIVER VIEW
ADDITION ACCORDING TO PLAT RECORDED IN VOLUME
9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY,
WASHINGTON, SAID PORTION MORE FULLY DECRIBED
AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY SOUTHWEST
CORNER OF PARCEL “A” OF BOUNDARY LINE
ADJUSTMENT BLA13-0007 RECORDED UNDER
RECORDING NUMBER 20131108900002, RECORDS OF
SAID COUNTY;
THENCE NORTH 88˚47’53” EAST ALONG THE
SOUTHERLY LINE OF SAID PARCEL “A” A DISTANCE OF
116.00 FEET TO AN ANGLE POINT IN THE SOUTH
BOUNDARY OF SAID PARCEL “A”;
THENCE SOUTH 01˚02’42” WEST A DISTANCE OF 27.15
FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER
VIEW ADDITION;
THENCE NORTH 88˚47’53” EAST ALONG THE SOUTH
LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF
PARCEL “A” 263.89 FEET TO THE SOUTHWEST CORNER
OF THE 14 FOOT WIDE ALLEY DEEDED TO THE CITY OF
AUBURN UNDER RECORDING NUMBER 1454217,
RECORDS OF SAID COUNTY, AND THE POINT OF
BEGINNING;
THENCE NORTH 01˚02’42” EAST ALONG THE WEST LINE
OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 105.82
FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE
ALLEY RECORDED UNDER RECORDING NUMBERS
1039136 AND 1018859, RECORDS OF SAID COUNTY;
THENCE NORTH 87˚31’17” EAST ALONG THE SOUTH
LINE OF SAID 16 FOOT ALLEY A DISTANCE OF 14.03
FEET TO THE NORTHEAST CORNER OF SAID 14 FOOT
WIDE ALLEY;
THENCE SOUTH 01˚02’42” WEST ALONG THE EAST LINE
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Draft Ordinance No. 6614
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OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 106.13
FEET TO SAID SOUTH LINE OF SAID LOT 10;
THENCE SOUTH 88˚47’53” WEST ALONG THE SOUTH
LINE OF SAID LOT 10 A DISTANCE OF 14.01 FEET TO
THE POINT OF BEGINNING.
CONTAINS 1,484 SQUARE FEET (0.0.34 ACRES), MORE
OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS
CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA
13-0007 RECORDED UNDER RECORDING NUMBER
20131108900002.
[Also identified as Exhibit A hereto.]
and as shown on the document attached hereto, marked as Exhibit “B” and
incorporated herein by this reference, the same is hereby vacated and the property
lying in said portion of the alleyway described hereinabove, shall be returned and
belong to those persons entitled to receive the property in accordance with RCW
35.79.040, conditioned upon the following;
A. Reservation in favor of the City of a perpetual Nonexclusive Easement
under, over, through and across the 50 foot portion of vacated right-of-way as described
above for the purpose of laying, maintaining, and installing future and existing water
facilities and including a reservation in favor of the City of the right to grant easements
for utilities over, under and on all portions of the vacated right-of-way as described
above.
The City shall have the absolute right, at times as may be necessary for
DI.C Page 46 of 62
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Draft Ordinance No. 6614
July 6, 2016
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immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City.
The owners of the adjacent property agree and shall not in any way block,
restrict or impede access and egress to or from said Easement Area, and /or in any way
block, restrict or impede full use of the real property within the Easement Area by the
City for the above described purposes. No building, wall, rockery, fence, trees, or
structure of any kind shall be erected or planted, nor shall any fill material be placed
within the boundaries of said Easement Area, without the express written consent of the
City. No excavation shall be made within three feet of said facilities and the surface
level of the ground within the Easement Area shall be maintained at the elevation as
currently existing.
This easement shall be a covenant running with the adjacent property parcels
and burden said real estate, and shall be binding on the successors, heirs and assigns
of all parties hereto.
B. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Puget Sound Energy over, under and upon
the vacated right-of-way as described above for the construction, operation,
maintenance, repair, replacement, improvement, removal and enlargement of electric
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Draft Ordinance No. 6614
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distribution facilities. The owners of the adjacent property agree not to erect any
structures on said easement and further agree not to place trees or other obstructions
on the easement that would interfere with the exercise of Grantee’s rights herein.
C. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to CenturyLInk over, under and upon the 14
foot Alley portion of vacated right-of-way as described above for the construction,
operation, maintenance, repair, replacement, improvement, removal and enlargement
of electric distribution facilities. The owners of the adjacent property agree not to erect
any structures on said easement and further agree not to place trees or other
obstructions on the easement that would interfere with the exercise of Grantee’s rights
herein.
D. It is provided, however, that such reserved or granted utility and access
easements as set out in Paragraphs A, B and C above, may be modified to
accommodate a removal, relocation and sitting of the affected utility lines if the City and
the property owners on whose property the utility lines are located agree to the removal,
relocations and sitting being paid by said property owners and with the removal,
relocation and sitting being done in conformity with applicable standards.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the
Ordinance or the application of the provisions to other persons or circumstances shall
not be affected.
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Draft Ordinance No. 6614
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Section 3. Implementation. The mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
location.
Section 4. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after passage, approval, and publication as provided by
law.
Section 5. Recordation. The City Clerk is directed to record this
Ordinance with the office of the King County Auditor.
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
__________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
__________________________
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Draft Ordinance No. 6614
July 6, 2016
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Daniel B. Heid,
City Attorney
PUBLISHED: _______________
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8/8/2016
V2-16 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V2-16
Applicant: City Initiated
Property Location: Rights-of-Way located in the vicinity of the 50 foot Right-of-Way and the 14 foot
Alley south of East Main Street and east of A Street SE.
Description of right-of-way:
This ROW proposed for vacation consists of a 50 foot portion of right-of-way and a 14 foot alley in the vicinity of
the City owned parking lot, to the south of East Main Street between A Street SE and Auburn Way South. The
ROW is adjacent to Parcel No. 7331400135 on the east and west sides which is owned by the City for public
parking purposes, Parcel No. 7331400237 on the south side and ROW on the north side . The total area of ROW
proposed for vacation is 6,635 (+/-) square feet.
The 50 foot ROW was dedicated to the City for street purposes by Warranty Deed under Recording Number
1400591, Volume 1101, Page 8 of Deeds, records of King County on March 17, 1920. The 14 foot Alley was
dedicated to the City for street purposes by Warranty Deed under Recording Number 1454217, Volume 1119,
Page 514 of Deeds, records of King County on September 24, 1920. The ROW is currently being used as a
public parking lot and drive aisle for the parking lot.
See Exhibits “A” and “B” for legal description and map.
Proposal:
The City proposes to vacate the above described rights-of-way to cleanup the parcel lines of the City owned
parcel used for public parking that is adjacent to the rights-of-way.
Applicable Policies & Regulations:
· RCW’s applicable to this situation - meets requirements of RCW 35.79.
· MUTCD standards - not affected by this proposal.
· City Code or Ordinances - meets requirements of ACC 12.48.
· Comprehensive Plan Policy - not affected.
· City Zoning Code - not affected.
Public Benefit:
· The street vacation decreases the right-of-way maintenance obligation of the City.
· The vacation allows the City to cleanup the parcel lines for the City owned parking lot and would create
one large parcel.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE received the City’s request for comments regarding the proposed
street right-of-way vacation. There does appear to be existing PSE electric facilities located within both
portions of the proposed right-of-way vacation area. Please reserve easements for PSE in the vacation
ordinance.
2. Comcast – Comcast has no objection to the proposed vacation.
3. CenturyLink – CenturyLink currently has underground communications facilities in the “Alley” section of
the right-of-way and would like to retain an easement over that portion.
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V2-16 Staff Report
4. Water – The City will need an easement for the water main, hydrant, valves and meter that are in the “50
foot right-of-way” to be vacated. An easement is not required for the “Alley” portion of the right-of-way.
5. Sewer – No comments.
6. Storm –No comments.
7. Transportation – No comments.
8. Planning – No comments.
9. Fire – No comments.
10. Police – No comments.
11. Streets – No comments.
12. Construction –No comments.
13. Innovation and Technology – No comments.
Assessed Value:
ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city’s expense.” Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way vacation is being initiated by the City and if
approved, will attach to City owned parcels.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and
width of the vacated ROW described as the “50 foot right-of-way” in the attached Survey and Legal
Description.
2. A public utility easement shall be reserved for Puget Sound Energy electrical facilities along the entire
length and width of the vacated ROW described as the “50 foot right-of-way” and the “14 foot alley” in the
attached Survey and Legal Description.
3. A public utility easement shall be reserved for CenturyLink communications facilities along the entire
length and width of the vacated ROW described as the “14 foot alley” in the attached Survey and Legal
Description.
DI.C Page 55 of 62
City Initiated Right-of-Way Vacation #V2-16
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
7/25/2016
DI.C Page 56 of 62
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6616 (5 Minute Presentation/5 Minute Q&A)
Date:
August 11, 2016
Department:
CD & PW
Attachments:
Draft Ordinance No. 6616
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Auburn has existing Complete Street Objectives and Policies as part of the
Comprehensive Transportation Plan that the Council adopted in December of 2015.
in addition, these policies were also included in the previous Transportation
Comprehensive Plan. Those objectives and policies have been put into practice
through the design standards development and capital project planning. Standards
and practices are reviewed and updated as needed to ensure consistency with the
latest industry practices for meeting Complete Streets objectives.
The purpose the draft Ordinance 6616 is to create a new code section, Chapter 12.06,
Complete Streets Policy, to meet the eligibility requirements of the Washington State
Legislatures Complete Streets Grant Program under RCW 47.04.320. This new Grant
program is being administered by the Transportation Improvement Board (TIB) and
requires City’s wishing to be considered for the program to meet the requirements by
having a specific Complete Streets Ordinance prior to October 2016.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:August 22, 2016 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 57 of 62
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 58 of 62
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Ordinance No. 6616
August 11, 2016
Page 1
ORDINANCE NO. 6616
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 12.06 OF THE AUBURN CITY CODE
ENACTING A COMPLETE STREETS POLICY
WHEREAS, the goal of the Transportation element of the Auburn Comprehensive
Plan is to plan, expand, and improve the transportation system in cooperation and
coordination with adjacent and regional jurisdictions to ensure concurrency compliance
with the growth management act, and to provide a safe and efficient multimodal system
that meets the community needs and facilitates the land use plan; and
WHEREAS, the Auburn Comprehensive Transportation Plan’s Complete Streets
Objective states that Auburn ensures the transportation system is designed to enable
comprehensive, integrated, and safe access for users of all ages and abilities including
pedestrians, bicyclists, motorists, transit riders and operators, and truck operators; and
WHEREAS, promoting pedestrian, bicycle, and transit travel as an alternative to
the automobile reduces negative environmental impacts, promotes healthy living, and is
less costly to the commuter; and
WHEREAS, the development of Complete Streets can improve pedestrian and
cyclists safety, increase capacity of the transportation network, and promote
improvements in public health; and
WHEREAS, the Washington State Legislature adopted a Complete Streets Grant
Program in 2011, codified in Section 47.04.320 of the Revised Code of Washington; and
WHEREAS, funding from the Washington State Legislature’s Complete Street
Grant Program will only be available to jurisdictions that have adopted a Complete
Streets Ordinance; and
WHEREAS, the City of Auburn has determined that it is in the best interest of the
public to adopt a Complete Streets Ordinance to obtain grant funding for the improvement
of Auburn streets.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
DI.D Page 59 of 62
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Ordinance No. 6616
August 11, 2016
Page 2
Section 1. Creating New Chapter to City Code. That a new chapter 12.06 of
the Auburn City Code is hereby created to read as follows:
Chapter 12.06
COMPLETE STREETS POLICY
Sections:
12.06.010 Purpose.
12.06.020 Exceptions.
12.06.030 Complete streets infrastructure.
12.06.040 Goals to foster partnerships.
12.06.050 Best practice criteria.
12.06.010 Purpose.
The city of Auburn shall, to the maximum extent practical, scope, plan, design, construct,
operate and maintain appropriate facilities for the safe accommodation of pedestrians,
bicyclists, transit users, motorists, emergency responders, freight and users of all ages
and abilities in all new construction, retrofit or reconstruction projects. Through ongoing
operations and maintenance, the city of Auburn shall identify cost-effective opportunities
to include complete streets practices.
12.06.020 Exceptions.
Facilities for pedestrians, bicyclists, transit users and/or people of all abilities are not
required to be provided when:
A. A documented absence of current or future need exists;
B. Non-motorized uses are prohibited by law;
C. Routine maintenance of the transportation network is performed that does not
change the roadway geometry or operations, such as mowing, sweeping and spot repair;
D. The cost would be disproportionate to the current need or probable future uses;
E. In instances where a documented exception is granted by the City Engineer.
12.06.030 Complete streets infrastructure.
A. “Complete streets infrastructure” means design features that contribute to a safe,
convenient, or comfortable travel experience for users at appropriate locations,
including but not limited to features such as: sidewalks; shared use paths; bicycle
lanes; automobile lanes; paved shoulders; street trees and landscaping; planting
strips; curbs; accessible curb ramps; bulb outs; controlled crosswalks; refuge
islands; pedestrian and traffic signals, including countdown and accessible
signals; signage; street furniture; bicycle parking facilities; public transit stops and
facilities; transit priority signalization; traffic calming devices such as rotary circles,
traffic cushions, and surface treatments such as textured asphalt, and concrete;
narrow vehicle lanes; raised medians; and dedicated transit lanes.
DI.D Page 60 of 62
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Ordinance No. 6616
August 11, 2016
Page 3
B. As feasible, Auburn shall incorporate complete streets infrastructure into existing
public and private streets to create a comprehensive, integrated, connected
transportation network for Auburn that balances access, mobility, health and
safety needs of pedestrians, bicyclists, transit users, motorists, emergency
responders, freight and users of all ages and abilities, ensuring a fully connected,
integrated network that provides transportation options.
12.06.040 Goals to foster partnerships.
It is a goal of the city of Auburn to foster partnerships with all Washington State
transportation funding agencies including the Washington State Department of
Transportation (WSDOT), the Transportation Improvement Board, the Puget Sound
Regional Council, the Federal Highway Administration, King County, Pierce County,
neighboring local agencies, Auburn School District, citizens, businesses, interest groups,
neighborhoods, and any other funding agency to implement the complete streets policy.
12.06.050 Best practice criteria.
The City Engineer shall modify, develop and adopt policies, design criteria, standards and
guidelines based upon recognized best practices in street design, construction, and
operations including but not limited to the latest editions of American Association of State
Highway Transportation Officials (AASHTO), Institute of Transportation Engineers (ITE),
National Association of City Transportation Officials (NACTO), and Public Rights-of-Way
Accessibility Guidelines (PROWAG) while reflecting the context and character of the
surrounding built and natural environments and enhance the appearance of such.
DI.D Page 61 of 62
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Ordinance No. 6616
August 11, 2016
Page 4
Section 2. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. SEVERABILITY. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section, or portion of this ordinance, or the invalidity of the application thereof
to any person or circumstance shall not affect the validity of the remainder of the
ordinance, or the validity of its application to other persons or circumstances.
Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
PUBLISHED: _________________
DI.D Page 62 of 62