HomeMy WebLinkAbout05-13-2019 COUNCIL STUDY SESSION PACKETCity Council Study Session P W C D S FA
May 13, 2019 - 5:30 P M
City Hall Council Chambers
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I .C A L L TO O R D E R
A .Roll Call
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .J unior City Council National L eague of Cities Presentation (Hinman)
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .S outh King Housing and Homelessness Partners (S K HHP ) (Coleman)
B .Ordinance No 6718 (Gross)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to
administrative fees, amending S ections 5.10.030 and 13.06.511, and Chapters 20.06,
20.08, and 20.10 of the Auburn City Code
C.Resolution No. 5424 (Gross)
A Resolution of the City Council of the City of A uburn, Washington, A mending the
City's Fee S chedule
I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .Ordinance No. 6716 (Tate)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to a new
land use category for emergency wireless communication facilities, amending S ections
18.04.912, 18.31.100, 18.35.030, of the Auburn City Code
B .J oint Meeting with P lanning Commission
Roundtable discussion between Planning Commission & City Council
C.Right-of-Way Vacation #V1-18 (Gaub)
Right-of-Way Vacation #V1-18 for Mountain View Cemetery
D.Ordinance No. 6717 (Gaub)
An Ordinance of the City Council of the City of Auburn Washington,
vacating right-of -way of a portion of B Street S E , south of 2n d S treet S E,
within the City of A uburn, Washington
E .Ordinance No. 6715 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, granting to
Page 1 of 156
Fatbeam, L L C, a Washington L imited L iability Company, a franchise for
telecommunications and related services
F.Capital P rojects S tatus Report (Gaub)
V.O T HE R D I S C US S I O N I T E MS
V I .NE W B US I NE S S
V I I .MAT R I X
A .Matrix
V I I I .A D J O UR NME NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 156
AGENDA BILL APPROVAL FORM
Agenda Subject:
South King Housing and Homelessness Partners (SKHHP)
(Coleman)
Date:
May 7, 2019
Department:
Finance
Attachments:
SKHHP BA#2
Budget Impact:
Administrativ e Recommendation:
Discussion of administrative aspects of implementing this Interlocal agreement.
Background Summary:
The City of Auburn entered into an interlocal agreement with South King Housing and
Homeless Partners (SKHHP) via Resolution 5408 in February 2019. The effective date of
the agreement is retroactive to January 1, 2019. At a subsequent meeting of SKHHP, the
City of Auburn was elected the Administrating Agency, which carries the duty of Fiscal Agent.
Auburn will be responsible to hire the staff as City employees on behalf of SKHHP. This
budget amendment authorizes the addition of two staff and appropriates the SKHHP budget
of $220,160 for 2019.
The City of Auburn’s 2020 budget will be amended later this year via the Mid Term
Adjustment. The SKHHP budget for 2020 will also be incorporated into that amendment.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 13, 2019 Item Number:
Page 3 of 156
2019 2019
Budget Budget
SKHHP Agency Fund (Fund 654)COA Community Development Dept:
Revenues:Revenues:
Outside Sources 68,000 Admin Fee (from SKHHP)20,920
Shared 152,160 Reimbursements (from SKHHP)120,990
Total 220,160 Total 141,910
Expenditures:Expenditures:
Salaries and Benefits 105,160 Salaries and Benefits 105,160
Expenses 15,830 Expenses 15,830
Administration Fee (to COA)20,920 Office (cubicle and furniture)4,500
Total 141,910 Total 125,490
Ending Fund Balance 78,250 Ending Fund Balance (Gen'l Fund)16,420
PROPOSED BUDGET AMENDMENTS IN BA#2
TO IMPLEMENT 2019 SKHHP OPERATING BUDGET
5/8/2019 2:10 PM
Page 4 of 156
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No 6718 (Gross)
Date:
April 19, 2019
Department:
City Attorney
Attachments:
Ordinance No. 6718
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For Council Discussion
Background Summary:
This is a "housekeeping" matter.
No changes to fees are proposed. The City has been moving administrative fees out of the
code and into a Master Fee Schedule. This makes fees easier to find for users.
In this case, Council approved an increase in business license fees last year and the increase
is reflected in the fee schedule. However, the code still has the older fee. Additionally, staff
found that some of the fees were in the both the fee schedule and the code, and other fees
that needed to be moved.
This ordinance deletes the fees from the code. A companion resolution before Council adds
the fees, where appropriate, to the fee schedule.
Rev iewed by Council Committees:
Councilmember:Staff:Gross
Meeting Date:May 13, 2019 Item Number:
Page 5 of 156
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Ordinance No. 6718
April 22, 2019
Page 1 of 15 Rev. 2018
ORDINANCE NO. 6718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO
ADMINISTRATIVE FEES, AMENDING SECTIONS 5.10.030
AND 13.06.511, AND CHAPTERS 20.06, 20.08, AND 20.10
OF THE AUBURN CITY CODE
WHEREAS, Section 5.10.030 of the Auburn City Code (“ACC”) establishes a
general business license fee, but a new fee was adopted in the City’s Master Fee
Schedule; and,
WHEREAS, ACC 13.06.511 establishes certain utility administrative fees, some of
which are also included in the Master Fee Schedule; and,
WHEREAS, Chapters 20.06, 20.08, and 20.10 ACC establish certain franchise-
related fees; and,
WHEREAS, staff recommends that all administrative fees be established in the fee
schedule so that amendments are more easily managed, and so that fees are easier for
the public to find.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 5.10.030 of the Auburn City
Code is amended to read as shown in Exhibit A.
Section 2. Amendment to City Code. Section 13.06.511 of the Auburn City
Code is amended to read as shown in Exhibit B.
Section 3. Amendment to City Code. Section 20.06.180 of the Auburn City
Code is amended to read as shown in Exhibit C.
Page 6 of 156
--------------------------------
Ordinance No. 6718
April 22, 2019
Page 2 of 15 Rev. 2018
Section 4. Amendment to City Code. Sections 20.08.020 and 20.08.140 of
the Auburn City Code are amended to read as shown in Exhibit D.
Section 5. Amendment to City Code. Section 20.10.280 of the Auburn City
Code are amended to read as shown in Exhibit E.
Section 6. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 7. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 8. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Published: ____________________
Page 7 of 156
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Ordinance No. 6718
April 22, 2019
Page 3 of 15 Rev. 2018
Page 8 of 156
--------------------------------
Ordinance No. 6718
April 22, 2019
Page 4 of 15 Rev. 2018
EXHIBIT A
5.10.030 Fees.
Annual license fees are predicated upon the following schedule:shall be as established in the City’s
Fee Schedule. Organizations exempt from taxation under 26 USC 501(C) (3) and (4) are exempt
from paying license fees. Those organizations must be able to show satisfactory proof of status.
A. Organizations exempt from
taxation under 26 USC 501(C)
(3) and (4). Such organizations
must be able to show satisfactory
proof of such status to the city
$-0-
B. General business enterprises $50.00
C. Specific types of business
enterprises identified elsewhere
in the city code
As established
in this title or
other titles of
the Auburn City
Code
D. Re-issuance of lost, stolen or
destroyed license
$5.00
E. For the 2010 calendar year only, the renewal fee
for business licenses for the period of July 1, 2010
to December 31, 2010 shall be $25.00 or one-half
of the required renewal fee.
(Ord. 6309 § 1, 2010; Ord. 5754 § 1, 2003; Ord. 4864 § 1, 1996; Ord. 4242 § 1, 1987; Ord. 4012 § 2, 1984.)
Page 9 of 156
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Ordinance No. 6718
April 22, 2019
Page 5 of 15 Rev. 2018
EXHIBIT B
13.06.511 Fees, service charges, fines, penalties and damage.
A. Service Charge. Hydrant meter assembly deposits and fees for fire protection service line
permits, hydrant permits, purity tests, and meter tests shall be as shown in the city of Auburn fee
schedule.
Service Charge
Convenience shut off $25.00
Delinquent shut off $25.00
Late charge 1% per month of
outstanding bill or
$15.00 minimum,
whichever is greater
Unauthorized turn on/off $60.00
Delinquent meter pull $65.00
Unauthorized fire line or
water hook up
$100.00 a day
fine from date
of discovery
Returned checks each As established in the
city’s fee schedule
Refusal of access per
day
$30.00
Closing final read $30.00
New account setup $25.00
Bill tenant $25.00
After-hours water turn
on/off
$30.00
Escrow estimates $25.00
B. Service Installation Fees. Water service installation fees shall be as shown in the city of Auburn
fee schedule as adopted by Ordinance 5707, and any amendments thereto.
Page 10 of 156
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Ordinance No. 6718
April 22, 2019
Page 6 of 15 Rev. 2018
C. Damage to City Appurtenances. Damage to city appurtenances will be billed to the account at
actual cost to repair or replace, including labor, material, administrative, overhead and other
associated costs.
The finance director is authorized to waive enforcement of the above fees, fines, charges and
penalties in extenuating circumstances.
D. Hydrant Meter Assessments. Use of water from a city hydrant requires a city permit. Type A
permits allow withdrawal of water from dedicated hydrants. Type B permits allow withdrawal of water
from nondedicated hydrants by customers using a city-supplied hydrant meter with RPBA assembly.
In addition to any other penalties, fees or costs enforceable for any of the below-listed violations, the
following additional assessments shall be imposed as shown in the City’s Fee Schedule:
Permit
Type Violation Penalty
A Hydrant meter wrench
loss or damage
$30.00
B Hydrant meter with
RPBA assembly loss
or damage
$1,385.00
maximum
penalty
A Failure to record “Start”
read properly
$250.00
maximum
penalty, per
day, location,
violator and
incident
A Failure to record
“Finish” read properly
$250.00
maximum
penalty, per
day, location,
violator and
incident
A Failure to submit
monthly water
consumption report to
the city
$10.00 per
calendar day
A and B Nonpayment of bill
within 10 calendar
$10.00 per
calendar day
Page 11 of 156
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Ordinance No. 6718
April 22, 2019
Page 7 of 15 Rev. 2018
Permit
Type Violation Penalty
days of reminder
notice
B Nonreturn of hydrant
meter with RPBA
assembly after request
for return
$10.00 per
calendar day
A and B Using a hydrant
without hydrant
operator training
documentation on
hand
$50.00 per
day, location,
violator and
incident
A and B Using a hydrant
without operator
training documentation
$250.00
maximum
penalty, per
day, location,
violator and
incident
A and B Using a hydrant
without permit
documentation on
hand
$50.00 per
day, location,
violator and
incident
A and B Using a hydrant
without permit
documentation
$250.00
maximum
penalty, per
day, location,
violator and
incident
B Loaning out a hydrant
meter with RPBA
assembly to an
unauthorized party
$250.00
maximum
penalty, per
day, location,
violator and
incident
A and B Using a tool other than
the city-supplied
hydrant wrench to
operate a hydrant
$50.00 per
day, location,
violator and
incident
Page 12 of 156
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Ordinance No. 6718
April 22, 2019
Page 8 of 15 Rev. 2018
Permit
Type Violation Penalty
A and B Damage to hydrant or
infrastructure
Complete
reimbursement
to the city for
repair or
replacement
A and B Nonresponse to
revocation of permit or
trained hydrant
operator certificate
$10.00 per
calendar day
A and B Disassembly or
tampering of hydrant,
hydrant meter
assembly or hydrant
meter with RPBA
assembly
$250.00
maximum
penalty, per
day, location,
violator and
incident
(Ord. 6706 § 2 (Exh. B), 2018; Ord. 6236 § 1, 2009; Ord. 6098 § 3, 2007; Ord. 5889 § 2, 2005; Ord. 5849 § 1, 2004;
Ord. 5819 § 1, 2004; Ord. 5216 § 1, 1999.)
Page 13 of 156
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Ordinance No. 6718
April 22, 2019
Page 9 of 15 Rev. 2018
EXHIBIT C
20.06.180 Compensation for use of public ways.
A. The city finds that the public ways to be used by commercial utilities and carriers and operators
in the operation of telecommunications systems within the boundaries of the franchise are valuable
public properties, acquired and maintained by the city at great expense to its taxpayers, and that the
grant of use of said public ways is a valuable property right, without which grantees and franchisees
would be required to invest substantial capital in public way costs and acquisitions; therefore,
grantees and franchisees shall pay the city as a general compensation for the use of the public way
during each year of the term of a franchise a franchise fee as determined by city council, not to
exceed six percent of gross revenues for each quarter of each calendar year. Franchisees shall pay
the franchise fee mandated by this chapter but the city acknowledges and understands that such
amount (and any other fees, assessments, or taxes imposed on franchisees not described in
subsection E of this section) shall appear as a line item on the bill sent to, and shall be collected
from, the subscribers; provided further, that the compensation required from any telecommunications
operator or carrier engaged in the “telephone business,” as defined in RCW 82.04.065, shall be
consistent with RCW 35.21.860.
B. Annual Franchise Fee Adjustments. The initial annual franchise fee percentage shall be the
amount permitted by law of gross revenues unless and until it is further adjusted by city council. Any
such adjustment shall occur at least 60 days before any subsequent annual anniversary date. Any
adjustment shall become effective on the subsequent annual anniversary date.
C. Quarterly Payment. Franchisees shall forward by check wire transfer an amount equal to this
quarterly payment by the fifteenth day of the second calendar month immediately following the close
of the calendar quarter for which the payment is calculated.
D. Late Payment. In the event any quarterly payment is made after noon on the date 10 days after
the date due, franchisees shall pay a late payment penalty of the greater of:
1. Twenty-five dollars; or
2. Simple interest at a 12 percent annual percentage rate on the total amount past due.as shown in
the City’s Fee Schedule.
E. Fees and Compensation Not a Tax. The fees, charges and fines provided for in this title and any
compensation charged and paid for the franchisee’s use of the city’s public ways, whether “fiduciary
or in kind,” are separate from, and additional to, any and all federal, state, local and city taxes as
may be levied, imposed or due from a commercial utility, telecommunications carrier, operator, or
Page 14 of 156
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Ordinance No. 6718
April 22, 2019
Page 10 of 15 Rev. 2018
provider, its customers or subscribers or on account of the lease, sale, delivery or transmission of
utility or telecommunications services.
F. Ruling of Unenforceability. The compensation required from any commercial utility,
telecommunications carrier, operator, or provider shall be as provided by law. In the event any
franchise fee shall be held unenforceable by a court of law which has jurisdiction over the city,
franchisees shall pay the equivalent amount paid in franchise fees as a city utility tax which shall be
applied retroactively to time periods during which the franchise fee was determined to be
unenforceable.
G. Quarterly Report. In order to properly determine the gross revenues received by franchisees, the
franchisee shall on the same date that each quarterly payment is made, file with the director of
finance a sworn copy of a report, in a form acceptable to the city, in sufficient detail to itemize
revenues from each of the revenue categories. The city may, if it sees fit and at its own expense,
have the books and records of franchisees examined by a representative of said city to ascertain the
correctness of the reports agreed to be filed herein. Neither the acceptance of any payment nor any
subsequent review shall be deemed an agreement by the city that the correct payment was paid,
absent a fully authorized written release by the city on any such payments or on such reports. Any
necessary prorations shall be made in the first and last year of each term of the franchise. Any city
request for access to books and records shall be allowed by the franchisee at reasonable times and
for reasonable purposes. Such information shall be held in strict confidence by the city as allowed by
law and used only for the purpose stated herein.
H. Recalculation at End of Compensation Year. At the end of each calendar year, franchisees shall
recalculate the total general compensation actually due. If additional amounts are due the city by
franchisee, said amounts shall be paid by the fifteenth day of February following the calendar year
during which such amounts were originally due. If amounts are found to be due the franchisees by
the city, said amounts shall be credited by the fifteenth day of February during which such amounts
were originally due. Any necessary prorations will be made.
I. Taxes are Not to Be a Credit. The compensation paid under this franchise shall be exclusive of
and in addition to all special assessments and taxes of whatever nature which are applicable to all
other persons or entities doing business within the city, including, but not limited to, ad valorem tax,
sales tax, corporate or business occupation taxes or other taxes or fees imposed or levied by any
governmental entity.
J. Utility Tax Liability – Franchise Fees. Revenues derived directly or indirectly from sources within
the city shall be subject to applicable utility taxes as of the time of commencement of such
operations. Franchise fees shall be in addition to any utility tax, but shall be collectible only to the
extent as then allowed by law, and in no event may the combined utility tax and franchise fee exceed
Page 15 of 156
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Ordinance No. 6718
April 22, 2019
Page 11 of 15 Rev. 2018
six percent of gross revenues in accordance with RCW 35.21.870. Franchise fees, if applicable,
shall be levied on a nondiscriminatory basis.
K. Rights of City. Payment of money under any franchise shall not in any way limit or inhibit any of
the privileges or rights of the city, except insofar as city’s privileges or rights are expressly limited or
inhibited by the terms of a franchise.
L. Annual Report. Franchisees shall file annually with the director of finance, no later than 90 days
after the end of franchisee’s fiscal year, an unaudited statement of revenues (for that fiscal year just
ended) attributable to the operations of the franchisee’s telecommunications system within the city
pursuant to the franchise agreement. The statement shall present a detailed breakdown of gross
revenues and uncollectible accounts for the year. The city may, if it sees fit, have such report audited
by an independent certified public accountant of its choosing. If the audit reveals an underpayment
error in payment by franchisees of more than five percent, then franchisees shall pay for the costs of
the audit. If the audit reveals an error in payment of five percent or less, the city shall pay the costs
of the audit. The report will summarize those accounts reconciled to be within the franchise area by
the city’s quarterly review.
M. Circumventing Payments. Any transaction(s) which have the effect of circumventing payment of
the required franchise fees and/or evasion of payment of franchise fees or any payments due the
city under a franchise by noncollection or nonreporting of gross revenues, bartering, or any other
means which evade the actual collection of revenues for business pursued by franchisees are
prohibited.
N. Best Rates. As allowed by applicable law, part of the compensation to the city for the grant of
any telecommunications franchise, the city shall be entitled to obtain subscriptions, at the city’s
discretion, to the communications service at franchisee’s lowest comparable rate applicable to any
government body or municipality of the state of Washington. In addition, city shall be entitled to
franchisee’s lowest comparable rate applicable to any governmental body or municipality of the state
of Washington for purchase and/or lease, should the city determine to purchase and/or lease,
equipment or modems applicable to government bodies or municipalities in the state of Washington
for purposes of accessing the communications service. (Ord. 6546 § 8, 2014; Ord. 5271 § 1, 1999; Ord.
5034 § 1, 1998.)
Page 16 of 156
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Ordinance No. 6718
April 22, 2019
Page 12 of 15 Rev. 2018
EXHIBIT D
20.08.020 Lease application.
Any person that desires to solicit the city’s approval of a facilities lease pursuant to this title shall file
a lease proposal with the city which, in addition to the information required by ACC 20.06.020, shall
include the following:
A. A description of the facilities or other equipment proposed to be located upon city property;
B. A description of the city property upon which the applicant proposes to locate facilities or other
equipment;
C. Preliminary plans and specifications in sufficient detail to identify:
1. The location(s) of existing telecommunications facilities or other equipment upon the city
property, whether publicly or privately owned.
2. The location and source of electric and other utilities required for the installation and/or
operation of the proposed facilities or equipment;
D. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the
aesthetic impacts of the proposed telecommunications facilities or other equipment;
E. If applicant is proposing to install aboveground and/or overhead facilities:
1. Evidence that surplus space is available for locating its telecommunications facilities on
existing utility poles along the proposed route;
2. Proof of compliance with city’s zoning code;
F. Whether the applicant intends to provide cable service, video dialtone service or other video
programming service, and sufficient information to determine whether such service is subject to
cable franchising;
G. An accurate map showing the location of any existing utility or telecommunications facilities in
the city that applicant intends to use or lease;
H. A description of the services or facilities that the applicant will offer or make available to the city
and other public, educational, and governmental institutions;
Page 17 of 156
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Ordinance No. 6718
April 22, 2019
Page 13 of 15 Rev. 2018
I. A copy of an Auburn business license stamped and signed by the business license clerk, as
designated by the mayor;
J. Proof of ability to meet city’s bonding requirements in Chapter 12.24 ACC when the applicant
does not have an existing standing bond on file with the city sufficient to cover the scope of work
proposed and proof of ability to meet the city’s security requirements in ACC 20.10.240 through
20.10.260;
K. A nonrefundable application fee in the amount of $500.00established in the City’s Fee Schedule;
and
L. Such other and further information as may be requested by the city. (Ord. 5897 § 24, 2005; Ord. 5271
§ 1, 1999; Ord. 5034 § 1, 1998.)
20.08.140 Renewal of facilities lease.
A lessee that desires to renew its facilities lease in effect under this chapter shall, not more than 120
days nor less than 90 days before expiration of the facilities lease then in effect, file an application,
which is determined as complete in accordance with ACC 20.08.030, with the city for renewal of its
facilities lease which shall include the following:
A. The information required pursuant to ACC 20.08.020;
B. Any information required pursuant to the facilities lease agreement between the city and the
lessee;
C. All deposits or charges required pursuant to this chapter;
D. A nonrefundable application renewal fee in the amount of $250.00established in the City’s Fee
Schedule. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Page 18 of 156
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Ordinance No. 6718
April 22, 2019
Page 14 of 15 Rev. 2018
EXHIBIT E
20.10.280 Assignments or transfers of public way agreements,
franchises, or leases.
The assignment or transfer of any business registration, public way agreement, franchise or lease
subject to this title, may not, directly or indirectly, be transferred, assigned or disposed of by sale,
lease, merger, consolidation or other act of the grantee, franchisee, or lessee, by operation of law or
otherwise, without the prior written consent of the city, which consent shall not be unreasonably
withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions
as may be prescribed therein.
A. No public way agreement, franchise, or lease, subject to this title, shall be assigned or
transferred before construction of such systems has been completed to the city’s satisfaction without
prior written consent of the city, which consent shall not be unreasonably withheld or delayed, except
as expressed by ordinance and then only on such reasonable conditions as may be prescribed
therein.
B. The grantee, franchisee, or lessee and the proposed assignee or transferee of the public way
agreement, franchise, or lease shall provide and certify the following information to the city not less
than 90 calendar days prior to the proposed date of transfer:
1. Complete information setting forth the nature, terms and conditions of the proposed transfer
or assignment relating to the public way agreement, franchise or lease;
2. All information required by a public way agreement, franchise, or lease applicant pursuant to
this title with respect to the proposed transferee or assignee;
3. Any other information reasonably required by the city; and
4. A nonrefundable application fee in the amount of $75.00established in the City’s Fee
Schedule.
C. No transfer shall be approved unless the assignee or transferee meets the requirements
contained in ACC 20.04.040(A) and (I) and can comply with the requirements of the public way
agreement, franchise, or lease.
D. Unless otherwise provided in a public way agreement, franchise, or lease agreement, the
grantee, franchisee, or lessee shall reimburse the city for all direct and indirect costs and expenses
reasonably incurred by the city in considering a request to transfer or assign a public way
Page 19 of 156
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Ordinance No. 6718
April 22, 2019
Page 15 of 15 Rev. 2018
agreement, franchise, or lease. No approval shall be deemed approved until all such costs and
expenses have been paid.
E. Any transfer or assignment of a public way agreement, franchise, or lease without prior written
approval of the city under this section or pursuant to a public way agreement, franchise, or lease
agreement shall be void and is cause for termination of the public way agreement, franchise, or
lease. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Page 20 of 156
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5424 (Gross)
Date:
April 19, 2019
Department:
City Attorney
Attachments:
Res olution No. 5424
Res olution 5424 Exh. A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For Council discussion of the amendments to the Fee Schedule
Background Summary:
This is a "housekeeping" amendment. No changes to the amount of the fees are proposed.
There is one substantive change: Public Works requests a change to the Airport month-to-
month tie down Lease requirements. Currently, the Airport charges first and last months' rent.
Because in some cases those tenants pay their rent, but then leave before the end of the
month, the City is required to issue a refund. Staff believes that the convenience of not
needing to issue a refund outweighs the small risk that someone will not pay their last months'
rent. Not charging last months' rent for tie down space is a common practice at other airports
in the region.
The City has been moving administrative fees from the city code to the Fee schedule. This
makes fees easier for users to find.
In this case, some of the fees were in both the code and the fee schedule, and some just
needed to be moved. A companion ordinance deletes them from the code, and this
resolution adds them to the fee schedule.
Rev iewed by Council Committees:
Councilmember:Staff:Gross
Meeting Date:May 13, 2019 Item Number:
Page 21 of 156
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Resolution No. 5424
April 22, 2019
Page 1 of 1 Rev. 2018
RESOLUTION NO. 5424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY’S FEE
SCHEDULE
WHEREAS, the City’s Master Fee Schedule was most recently amended by
Resolution 5413 in March, 2019; and,
WHEREAS, in reviewing the Municipal Code, staff identified additional provisions
that should properly be included in the Fee Schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Master Fee Schedule is amended as shown in Exhibit A. Those
provisions of the Master Fee Schedule that are not specifically amended in this Resolution
remain in full force and effect.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 22 of 156
5. Franchise Agreements: (Per Ordinance No. 6546, Resolution No. 5114, Resolution No. 5255,
Resolution No. 5319, Resolution No. 5388, and Resolution No. 5413 and Resolution 5424.)
Application/Renewal/Amendment Application Fee
(ACC 13.36.040, ACC 20.06.120, ACC 20.06.130)
$5,300.00 Nonrefundable Initial Fee + plus
the City’s actual costs incurred in excess of
$5,300.00. Initial Fee is due at time of
application any additional costs beyond the
initial fee is due prior to the effective date of
the agreement.
Annual Administration Fee (ACC 20.04.170) Actual City Costs
Annual CATV Franchise Fee (ACC 13.36.230) 5% of Gross Revenue for the prior three
months.
Other Annual Franchise Fee (ACC 20.06.100) Statutorily Permissible Percent of Gross
Revenue
Small Wireless Facility Siting and Construction Permit
Application Fee (ACC 20.02.010, ACC 20.14.020)
$500.00 for Existing, Relocated, or
Replaced Structure for up to five sites or
$1,000.00 for each New Structure
(These fees include all City permitting
costs except the Franchise
Application/Renewal/Amendment and
Administration Fee.)
Late Payment. In the event any quarterly payment is
made after noon on the date 10 days after the date
due
$25.00 or simple interest at 12% annually
on the total amount past due
Assignment or transfer of Franchise $75.00
6. Public Way Agreements: (Per Ordinance No. 6546, Resolution No. 5114, Resolution No.
5319, and Resolution No. 5388 and Resolution 5424.)
Application/Renewal Application Fee (ACC
20.04.020, ACC 20.04.120)
$5,300.00 nonrefundable Initial Fee + plus
the City’s actual costs incurred in excess of
$5,300.00. Initial Fee is due at time of
application any additional costs beyond the
initial fee is due prior to the effective date of
the agreement.
Annual Fee (ACC 20.04.170) Actual City Costs
Assignment of Public Way Agreement $75.00
9. Other Utility Fees: (Per Ordinance No. 5819, Ordinance No. 5944, Resolution No. 3797,
Resolution No. 3953, Resolution No. 4424, Resolution No. 5114, Resolution No. 5134,
Resolution No. 5255, Resolution No. 5319, and Resolution No. 5388, and Resolution No.
5424, .)
Fireline Connection Permit $145.00
Hydrant Installation Permit and Inspection Fee $250.00
Hydrant Use Monthly Rate (applies to Type A and B permits):
3-inch water meter monthly rate, plus
Actual usage at Commercial water rate
Per Current Utility
Rate Schedule
Fire Hydrant Meter Wrench Fee (Type A Permit)(1) $45.00
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Hydrant Meter with RPBA, Valve, and Wrench (Type B Permit) – Refundable
Deposit(2)
$2,110.00
Dedicated Hydrant Use and Hydrant Meter Penalties and Charges
Failure to record “Start” read properly(2a)
Failure to record “Finish” read properly(2a)
Failure to submit monthly water consumption report to the city(2b)
Nonpayment of bill within 10 calendar days of reminder notice(2b)
Non-return of hydrant meter with RPBA assembly after request for return(2b)
Using a hydrant without hydrant operator training documentation on
hand(2a)
Using a hydrant without operator training documentation(2a)
Using a hydrant without permit documentation on hand(2a)
Using a hydrant without permit documentation(2a)
Loaning out a hydrant meter with RPBA assembly to an unauthorized
party(2a)
Using a tool other than the city-supplied hydrant wrench to operate a
hydrant(2a)
Damage to hydrant or infrastructure
Nonresponse to revocation of permit or trained hydrant operator
certificate(2b)
Disassembly or tampering of hydrant, hydrant meter assembly or
hydrant meter with RPBA assembly(2a)
$250.00
$250.00
$10.00
$10.00
$10.00
$50.00
$250.00
$50.00
$250.00
$250.00
$50.00
Complete
reimbursement to
the city for repair
or replacement
$10.00
$250.00
Water Use Charge for Unreturned Hydrant Meter (if equipment not returned
for final reading)
$720.00
Water Meter Test Fee, 2” or less $230.00
Water Meter Test Fee, greater than 2” At Actual Cost
Water Meter Removal Fee (3/4” to 1”) – (service line remains) $320.00
Water Meter Removal Fee (1-1/2” to 2”) – (service line remains) $640.00
Water Meter Removal Fee (3” and larger) – (service line remains) At Actual Cost
Water Service Abandonment Permit (City abandons at main, removes meter
and box)
$3,080.00
Water Meter Relocation Permit by City Same as Water
Service Installation
Permit Fee, see
8.a.
Meter Damage/Tamper Repair Permit $500.00 plus
Meter Cost, if
applicable
Water Service Alteration/Repair Permit on Private Property (by Applicant) $85.00
Backflow Permit for Premises Isolation (internal or external) $85.00
Hydraulic Modeling At Actual Cost,
$3,000.00 Deposit
King County Right-of-Way Permit At Actual Cost,
$1,000.00 Deposit
Hourly Rate for Negotiation, Development, Administration, and Execution of
Special Agreements for Utility Service (Franchise Agreements, Service Area
Agreements)
$100.00
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Re-Locate Fee (if <45 days from initial locates) $210.00
Side Sewer Repair Permit on Private Property $85.00
Side Sewer Repair Permit in Right-of-Way(3) $165.00
Demolition Cap Permit (cap side sewer before building demolition) $85.00
Side Sewer Relocation/Replacement Permit $135.00
Oil/Water Separator Permit $210.00
Grease Interceptor Permit(3) $210.00
Storm Drainage Repair Permit – Existing Private System on Private Property $85.00
Storm Drainage Repair Permit – Existing System in Public Right-of-
Way/Easement(3)
$165.00
Utilities Payback Administration Fees:
Application Fee(4):
Base Fee (BF)
Per Benefited Parcel (BP)
Application Fee Calculation = BF + (BP x Number of Benefited Parcels)
Payment Processing Fee (per parcel)(5)
Outside Professional Services, including Area of Special Benefit Analysis
$2,100.00
$50.00
$100.00
Time & Materials
Convenience shut off $25.00
Delinquent shut off $25.00
Late charge 1% per month
of outstanding
bill or $15.00
minimum,
whichever is
greater
Unauthorized turn on/off $60.00
Delinquent meter pull $65.00
Unauthorized fire line or water hook up $100.00 a day
fine from date
of discovery
Refusal of access per day $30.00
Closing final read $30.00
New account setup $25.00
Bill tenant $25.00
After-hours water turn on/off $30.00
Escrow estimates $25.00
(1)Non-refundable fee. Wrench is only for withdrawing water at City-designated hydrant fill stations. Applicant will be
charged the Hydrant Use Monthly Rate and all monthly reported water use at Commercial water rates until applicant
notifies City that applicant is no longer using water from City-designated hydrants.
(2)Each year, the hydrant meter with RPBA, Valve, and Wrench must be returned to City for annual maintenance and
testing no later than the date specified by the City at the time of application. The deposit amount will be forfeited if the
equipment is not returned to the City by the deadline. If needed, the City will re-issue a hydrant meter to the applicant
under the same permit. In that instance, the applicant will be billed for any damages to the returned meter; the deposit will
be applied to the re-issued hydrant meter. Upon final return of the equipment to the City, the cost of repairing any
damages will be deducted from the deposit.
(2a)Maximum penalty, per day, location, violator and incident.
(2b)Per calendar day.
(3)If repair or new construction requires work within City right-of-way, including a new connection to the City’s system, a
Construction Permit (EXC - see Section 11) is required in addition to the permit.
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(4Payback Agreement Application Fee includes recording and mailing costs.
(5) Fee to be deducted from the amount due to the developer when payback is collected for a parcel.
K. ECONOMIC DEVELOPMENT FEES (per Resolution No. 5388)
COMMERCIAL PARKING LOT FEES
LOT NON-PROFIT ORGANIZATION
(must submit IRS status with
application)
OTHER ORGANIZATION
*$250 minimum flat fee + additional per space / daily fee
Lot 1 – Kiss & Ride
(21 stalls)
$0 / per space / per day $2.50 / per space / per day
Lot 2 – 11 A St NW
(47 stalls)
$0 / per space / per day $2.50 / per space / per day
Lot 3 – Mel’s Lot
(120 stalls)
$0 / per space / per day $2.50 / per space / per day
Lot 4 – B St
(60 stalls)
$0 / per space / per day $1.50 / per space / per day
Lot 5 – Safeway
(122 stalls)
$0 / per space / per day $1.50 / per space / per day
Lot 6 – D St
(20 stalls)
$0 / per space / per day $1.00 / per space / per day
Facilities Lease Fees
Lease Application Fee: $500.00
Lease Renewal Fee: $500.00
Assignment of Lease $75.00
D. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by
Ordinance No. 5715 and Ordinance No. 5819, and amended by Resolution No. 3784, Resolution
3797, Resolution No. 3841, Resolution No. 3953, Resolution No. 4117, Resolution No. 4270,
Resolution No. 4414, Resolution 4734, Resolution No. 4880, Resolution No. 5016, Resolution
No. 5114, Resolution No. 5181, Resolution No. 5213, Resolution No. 5255, Resolution No. 5319,
and Resolution No. 5388.)
1. Lease Fees
Lease Type:
Open G-D
Open C
Closed J
Closed H
Closed Y & Z
Closed Y1 & Z22
Outside Tiedowns
Storage Rows H-D
Storage Units (185 sq. ft. – Buildings Y&Z)
Storage Units (298 sq. ft.)
$217.00
$258.00
$389.00
$414.00
$480.00
$618.00
$83.00
$139.00
$123.00
$149.00
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Storage Units (380 sq. ft. – Buildings Y&Z) $188.00
A security surcharge of $10.00 per month is charged, in addition to the base monthly rental
fees provided in this section, for each tie-down, each hangar door and each storage rental
area, which security surcharge fees are to be used for the provision of increased security at
the Auburn Municipal Airport (approved by Ordinance No. 5500 on January 16, 2001). For
the purposes hereof, each tie-down consists of the structures/facilities necessary to
accommodate one (1) regular sized light aircraft. Furthermore, the hangar doors to which the
security surcharge applies includes all hangars located at the Auburn Municipal Airport,
including those hangars built on land owned by the City but leased to private parties, and
those hangars owned in a condominium type ownership.
The above lease and security surcharge amounts are subject to applicable leasehold taxes,
which shall be paid by the tenant. The total charges, including the above lease rates plus
lease hold tax and surcharge shall be reflected in monthly billing rates. Tenants shall be
given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be
effective January 1, 2019.
Payments. Payments are due on the first of each month, past due as of the 5th and late as of
the 15th. Payments not received by the 15th incur a $25.00 late fee. Payments not received
after 30 days from the due date incur an additional $25.00 delinquency fee each month
payment is delinquent.
Automatic gate electronic cards. One automatic gate electronic card will be issued to
each City rental tenant free of charge. Any additional electronic cards requested by a tenant
are subject to a $25.00 fee. A $15.00 fee refund applies to all serviceable returned cards. An
additional $25.00 replacement fee will be assessed against the tenant for all lost or damaged
electronic cards. All electronic cards must be returned to the airport at the time of lease
expiration.
Each lease shall include an initial payment of first and last months’ rent plus a damage
deposit in the amount of two times the monthly base rate, with the exception of an Outside
Tie-Down Lease which shall include an initial payment of first months’ rent only. Each lease
agreement shall also include terms that authorize the city to apply the damage deposit to
outstanding charges on termination.
2. Daily Transient Parking (overnight)
Tie Down
Open “T”
Enclosed Hangar
$5.00
$25.00
$35.00
3. Base Parking Fee – Designated Spaces
A base vehicle parking fee of $63.00 per month per designated space is charged. There are
ten designated spaces available on a first come basis for pilots to park or store a vehicle for
an extended period of time. All airport rules and regulations apply. A Vehicle Storage Permit
must be completed and appropriate fees paid. The storage of vehicles is for convenience for
the users of the Auburn Airport and is month-to-month.
4. Additional Airport Fees
Gate Cards (each lease gets one card at no charge. Additional cards cost
$25.00. A $15.00 refund applies to all serviceable returned cards.) Limit 2
Cards per space.
$25.00
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Annual Aeronautical Business License $250.00
Hangar Waitlist Fee $50.00
5. Waiver of Fees for Governmental Entities or Governmental Affiliated Entities
The Mayor is authorized to waive a portion or all of any (otherwise) required fees for hangar
space rental - if space is available - for governmental entities or government affiliated entities
that provide community service(s) and public benefit(s) to residents, citizens and businesses
of Auburn.
Page 28 of 156
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6716 (Tate)
Date:
May 7, 2019
Department:
Community Development
Attachments:
Ordinance No. 6716
Exhibit A. - Ordinance No. 6716 Code Amendment
Exhibit B. - April 2, 2019 Staff Report to Planning
Commis s ion
PSERN PowerPoint Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Staff Recommendation: Schedule Ordinance No. 6716 for action by City Council at the
regular meeting on May 20, 2019.
Background Summary:
Puget Sound Emergency Radio Network (PSERN) is a public safety (E-911) wireless
communications network intended to replace the current King County (KC) Emergency Radio
Communications System, which is 20 years old and is limited in coverage. PSERN, much like
the KC Emergency Radio Communications System, will be used by first responders to
coordinate activities during emergency incidents and will be used by all jurisdictions in King
County. Due to the increase in population within the region since the current system was
initiated, additional radio coverage is needed. The current system is to be replaced in order to
provide greater coverage and increase reliability.
A new emergency wireless communication facility (EWCF) is proposed to be located in
Auburn. The new EWCF will be situated on an 8.38-acre parcel, located west of the
intersection of Auburn Way S and 32nd St SE, on Auburn Adventist Academy owned
property. The new EWCF, which will be operated by PSERN, is proposed to enhance E-911
emergency communications by increasing coverage throughout the region.
The City’s existing zoning code requirements, which are primarily oriented to private wireless
communication facility (WCF) carriers, does not allow such a facility. Therefore PSERN has
requested an amendment to Title 18 – the City’s Zoning Code to allow the use and siting of
EWCFs within the I, Institutional Zone of the Auburn City Code (ACC).
Staff has discussed the proposed code amendment with the Planning Commission at two
regular meetings. At the January 23, 2019 the Planning Commission regular meeting, staff
provided an overview of PSERN, its purpose and funding, the definition of a wireless
communication facility (WCF), the supplemental siting standards pertaining to WCFs, and
examples of other jurisdictions’ standards pertaining to EWCFs. At the March 5, 2019
Planning Commission regular meeting, staff responded to Planning Commission’s inquiries
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regarding network coverage, terms of lease for a tower, and the collocation of commercial
carriers. Staff also requested guidance for regulating collocation on and the height of
EWCFs.
On April 2, 2019 the Planning Commission held a public hearing regarding the proposed
code amendment. During the public hearing, the Planning Commission heard public
testimony from the applicant’s representative and a representative for PSERN. Staff also
provided the comments received from two parties (included in Exhibit B). Upon close of the
public hearing and after deliberation, the Planning Commission recommended approval of the
proposed code amendment to City Council.
Rev iewed by Council Committees:
Councilmember:DaCorsi Staff:Tate
Meeting Date:May 13, 2019 Item Number:
Page 30 of 156
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Ordinance No. 6167
April 22, 2019
Page 1
ORDINANCE NO. 6167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO A NEW LAND USE
CATEGORY FOR EMERGENCY WIRELESS COMMUNICATION
FACILITIES, AMENDING SECTIONS 18.04.912, 18.31.100,
18.35.030, OF THE AUBURN CITY CODE
WHEREAS, LDC, Inc. on behalf of the Puget Sound Emergency Radio Network
(PSERN), made application on July 13, 2018 to amend Title 18 Zoning to accommodate
their proposed emergency wireless communication facility (EWCF) in the I, Institutional
Zoning District.
WHEREAS, current zoning requirements do not address emergency wireless
communication towers, which are one class of wireless facility that the Federal
Communications Commission has protected from broad local government regulation; and
WHEREAS, pursuant to RCW 36.70A the proposed code amendment language
was transmitted to the Washington State Department of Commerce requesting an
expedited review (consisting of a 14-day period) on December 10, 2019. On January 7,
2019 the City received notice that expedited review had been granted, and that upon
receipt of the email the City met the notice to state agency requirements contained in
RCW 36.70A.106. The City did not receive any state agency comments.
WHEREAS, the code amendment was subject to environmental review process
under the Washington State Environmental Policy Act (SEPA). A Determination of Non-
Significance (DNS) was issued December 10, 2018 (and reissued on December 19,
2018) and the City observed a fifteen-day public comment period; and
WHEREAS, Notice of Public Hearing (NOPH), was issued on March 22, 2019 a
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Ordinance No. 6167
April 22, 2019
Page 2
minimum of 10 days prior to the public hearing as required by ACC 18.68.040(A)(1).
WHEREAS, the Planning Commission reviewed the code amendment at its
January 23, 2019 and March 5, 2019 Planning Commission meetings; and
WHEREAS, the City received three public comment letters in response to notice
of the public hearing, and
WHEREAS, the Planning Commission held a public hearing on the proposed
amendment on April 2, 2019, and afterwards forwarded a recommendation for approval
to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Sections 18.04.912, 18.31.100,
18.35.030 of the Auburn City Code are amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is hereby authorized to implement
those administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application 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 4. 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:_________________________
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Ordinance No. 6167
April 22, 2019
Page 3
PASSED: ____________________________
APPROVED: __________________________
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ ______________________________
Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney
PUBLISHED: ______________
Page 33 of 156
Page 1 of 17
Ordinance 6716 Exhibit A
18.04.912 Wireless communications.
“Wireless communications” means the provision of any personal wireless service, as defined in the
Telecommunications Act of 1996, and for the purposes of this title includes the following terms:
A. “Antenna” means a device used in wireless communications which transmits and/or receives
radio signals. Antennas include the following types:
1. Accessory: Antennas including, but not limited to, test mobile antennas and Global
Positioning System (GPS) antennas which are less than 12 inches in height or width and do not
directly provide personal wireless communication.
2. Directional or panel: An antenna or array of antennas designed to transmit a radio signal in
a particular direction typically encompassing an arc of 120 degrees. Panel antennas, also called
directional antennas, are typically flat, rectangular devices approximately six square feet in size.
3. Dish or parabolic: A bowl-shaped device for the reception and/or transmission of radio
frequency communications signals in a specific directional pattern.
4. Whip, rod or omni-directional antenna: An antenna, tubular in shape, that transmits and
receives signals throughout a 360-degree range.
5. Other: All other transmitting or receiving equipment not specifically described herein shall be
regulated in conformity with the type of antenna defined herein which most closely resembles
such equipment.
B. “Antenna array” means one or more rods, panels, discs or similar devices attached to a support
structure used for the transmission or reception of radio frequency signals.
C. “Attached wireless communications facility (WCF)” means an antenna array which is attached to
an existing building or structure.
D. “Carrier” means a company providing wireless communication services, also referred to as a
provider.
E. “Co-location” means the use of a common WCF or site by two or more wireless license holders,
or by one wireless license holder for more than one type of communications technology.
F. “Equipment facility” means a structure used to contain ancillary equipment for a WCF which may
include cabinets, shelters, an addition to an existing structure, pedestals and other similar structures.
Page 34 of 156
Page 2 of 17
G. “Microcells” are typically located in and exclusively benefit residential neighborhoods. Microcells
consist of an antenna that is either: (1) a dish or parabolic antenna that is no more than four feet in
height and with an area of not more than 580 square inches; or (2) a tubular antenna that is no more
than four inches in diameter and no more than six feet in height; or (3) one or more panel antenna
that is no more than six feet in height, and its width or depth is no more than six inches and the
aggregate area of such panel antenna(s) would not exceed 580 square inches that would be visible
from any one viewpoint; or (4) similar antennas that are of comparable size and shape.
H. “Separation” means minimum distance required between primary support structures.
I. “Support structure” means the structure to which the antenna and other necessary associated
hardware are attached. Support structures include but are not limited to the following:
1. Lattice tower: A structure of varying height that consists of a network of crossed metal
braces forming a tower which is usually triangular or square in cross section. To be considered
a primary support structure.
2. Monopole: A structure of varying height consisting of a single spire sunk into the ground
and/or attached to a foundation. To be considered a primary support structure.
3. Other structures: This may include existing buildings, water towers, athletic field light poles,
or other similar structures. To be considered a secondary support structure.
J. “Wireless communications facility (WCF)” means any non-staffed facility for the transmission
and/or reception of wireless telecommunications services, typically consisting of an antenna array,
an equipment facility and/or a support structure.
K. “Emergency Wireless Communication Facility (EWCF):” means a wireless communications facility
for the purpose of an emergency communication system operated by a local public agency
responsible for providing emergency services.
L. For the purposes of determining in which zones wireless communications facilities are to be
permitted, they will be classified pursuant to the following types. Refer to the table in ACC
18.31.100(K) to determine which zones allow for the following types of facilities:
1. TYPE 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.
There are four separate Type 1 categories described as follows:
a. 1-A. The combined height of the antenna together with the height of the existing building
cannot be 25 percent greater than the existing building or exceed the height limitation of the zone in
which the building is located.
Page 35 of 156
Page 3 of 17
b. 1-B. The combined height of the antenna together with the height of the existing building
cannot be 50 percent greater than the existing building or exceed the height limitation of the zone in
which the building is located.
c. 1-C. The combined height of the antenna together with the height of the existing building is
50 percent greater than the existing building or exceeds the height limitation of the zone in which the
building is located. The height limitation of the zone can only be exceeded by 25 percent.
d. 1-D. Antenna located on existing water towers, athletic field light poles, or similar public utility
infrastructure not located within public street right-of-way. The height limitation of the WCF will be 10
percent of the existing structure height, but may be increased to a maximum of 20 percent with an
administrative use permit and may be increased to a maximum of 30 percent with a conditional use
permit. The height limitation of the zone may be exceeded relative to the above provisions allowed
for a 1-D facility.
2. TYPE 2. Type 2 are new antennas erected on existing (primary) support structures that have
previous city approvals. There are two separate Type 2 categories described as follows:
a. 2-A. Must meet height requirements of previous approval and is limited to 50 percent total
(cumulative) expansion of equipment area.
b. 2-B. Has greater height requirements than previous approval and allows for more than a 50
percent expansion of the equipment area.
3. TYPE 3. Type 3 is the erection of new (primary) support structures. There are two separate Type
3 categories described as follows:
a. 3-A. Monopoles that are 75 feet or less in height.
b. 3-B. Monopoles that are more than 75 feet in height or lattice towers of any height.
meet the definition of an EWCF and structure 4. ETMantennas anexisting percent,outside
ancillary
18.31.100 Wireless communications facilities siting standards.
The following siting standards are intended to guide the location and development of wireless
communications facilities (WCF as defined by ACC 18.04.912 but not including microcells) on
properties regulated under this title. The siting of microcells shall be in accordance with siting of
microcells found in ACC 18.31.110.
Page 36 of 156
Page 4 of 17
A. Types of Wireless Communication Facilities (WCFs). For the purposes of determining in which
zones wireless communications facilities are to be permitted, they will be classified pursuant to the
following types. Refer to the table in ACC 18.31.100(KL) to determine which zones allow for the
following types of facilities:
1. TYPE 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.
There are four separate Type 1 categories described as follows:
e.a. 1-A. The combined height of the antenna together with the height of the existing
building cannot be 25 percent greater than the existing building or exceed the height
limitation of the zone in which the building is located.
f.b. 1-B. The combined height of the antenna together with the height of the existing
building cannot be 50 percent greater than the existing building or exceed the height
limitation of the zone in which the building is located.
g.c. 1-C. The combined height of the antenna together with the height of the existing
building is 50 percent greater than the existing building or exceeds the height
limitation of the zone in which the building is located. The height limitation of the zone
can only be exceeded by 25 percent.
h.d. 1-D. Antenna located on existing water towers, athletic field light poles, or similar
public utility infrastructure not located within public street right-of-way. The height
limitation of the WCF will be 10 percent of the existing structure height, but may be
increased to a maximum of 20 percent with an administrative use permit and may be
increased to a maximum of 30 percent with a conditional use permit. The height
limitation of the zone may be exceeded relative to the above provisions allowed for a
1-D facility.
2. TYPE 2. Type 2 are new antennas erected on existing (primary) support structures that have
previous city approvals. There are two separate Type 2 categories described as follows:
c.a. 2-A. Must meet height requirements of previous approval and is limited to 50 percent
total (cumulative) expansion of equipment area.
d.b. 2-B. Has greater height requirements than previous approval and allows for more
than a 50 percent expansion of the equipment area.
3. TYPE 3. Type 3 is the erection of new (primary) support structures. There are two three
separate Type 3 categories described as follows:
c.a. 3-A. Monopoles that are 75 feet or less in height.
d.b. 3-B. Monopoles that are more than 75 feet in height or lattice towers of any height.
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c. 3-C. Monopoles or lattice towers that meet the definition of an EWCF and are 185
feet or less in structure height.
4. TYPE 4. Type 4 are new antennas erected on existing EWCF (primary) support structures
that have previous city approvals. There is one Type 4 category, which is described as follows:
a. 4-A. Mounting of antennas cannot exceed the following thresholds: 1
i. Increase the height of an existing primary support structure by 10 percent, or
20 feet (whichever is less).
ii. Add an appurtenance to the body of the tower that would protrude from the
outside edge of the tower more than 20 ft.
iii. Install more than four ancillary equipment facilities.
1 This section is intended to be interpreted consistent with 47 CFR 1.40001, as amended.
AB. Separation between Facilities.
1. New, Freestanding Primary Support Structures.
a. The minimum separation, i.e., distance, between a proposed monopole (that is 75 feet
or less in height) and any other existing primary support structure, of any height, shall be
the height of the proposed monopole, including antenna, multiplied by a factor of 10.
b. The minimum separation, i.e., distance, between a proposed monopole (that is more
than 75 feet in height, or lattice towers of any height) and any other existing primary support
structure, of any height, shall be the height of the proposed monopole, including antenna,
multiplied by a factor of 20.
2. The distance between primary support structures shall be measured by following a straight
line, without regard to intervening buildings, from the base of one support structure to the base
of the other support structure(s).
3. A primary support structure would be considered “existing” if a conditional use permit or
administrative use permit has been issued and is still valid for sites which have not been built
upon.
BC. Co-Location Requirements.
1. For monopoles that are more than 75 feet in height and lattice towers of any height (Type 3-
B facilities), the owner of the property shall execute and provide evidence of a nonexclusive
lease with the carrier that allows for other carriers to place antennas on the structure.
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2. Any application for a Type 3-B or 3-C facility shall include technical justification that an
existing Type 3-B or 3-C facility with a nonexclusive lease could not be used instead of
constructing a new tower.
CD. Height.
1. Unless otherwise provided for, the height of any primary support structure and/or antenna
shall not exceed the height limitations of the zone.
2. The maximum height of any primary support structure shall not exceed 120 feet.
3. There shall be no variances allowed to the height limitations.
4. The carrier shall provide evidence that the Federal Aviation Administration (FAA) has
approved the location of a primary support structure relative to the Auburn Municipal Airport.
5. Unless otherwise restricted by this section, building – or structure-mounted antennas may
extend a maximum of 15 feet above the maximum height permitted for structures within the
zone.
6. Antennas that are mounted on structures that do not otherwise have a height restriction may
be allowed to increase the overall height of the structure by no more than 10 percent of the
height of the structure unless additional approvals are obtained.
DE. Setbacks.
1. All equipment shelters, cabinets, support structures or other above-ground facilities shall
meet the setback requirements of the zone in which located except as follows. All equipment
shelters, cabinets, or other above-ground facilities used to support primary support structures
shall be set back the same distance required of the primary support structure. All equipment
shelters, cabinets, or other above-ground facilities within a nonresidential zone shall be set back
a minimum of 50 feet from any adjacent R zone.
2. The minimum distance from any primary support structure, of any height, to any residentially
zoned parcel of property shall be a distance equal to the overall height of the primary support
structure (including antennas) multiplied by a factor of two.
3. Where possible, roof-mounted antennas and equipment shelters and/or cabinets are to be
placed towards the center of the building, or away from public views. Equipment shelters and/or
cabinets shall be screened by a parapet or similar architectural feature.
EF. Fencing and Landscaping.
1. Fencing. Fencing is required to enclose all above-ground support equipment that is
associated with primary support structures. Fencing will be 100 percent sight-obscuring, as
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defined in ACC 18.31.020(C)(2), if visible from a public right-of-way or less intense zone.
Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in
height. Fencing shall meet the sight distance requirements of the city design and construction
standards.
2. Landscaping.
a. Where above-ground support equipment is visible from a public right-of-way, a
minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 will be
provided on the exterior of the enclosing fence in order to effectively screen the equipment
from the public right-of-way. Landscaping shall meet the sight distance requirements of the
city design and construction standards.
b. Where facilities are visible from adjacent residential uses, a minimum width of five feet
of Type I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the
enclosing fence in order to effectively screen the equipment from the adjacent residential
uses.
c. Existing on-site vegetation may be used to meet the landscape requirements if
approved by the planning director.
FG. Aesthetics.
1. In order to minimize any potential, negative aesthetic impacts from new primary support
structures including protecting views to and from residential neighborhoods, mitigation may be
required to blend the facilities in with the adjacent development or environs. Typical solutions for
the support structure might include: an extension of the building, a component of a sign
structure, disguising the facility as a tree, planting of tall trees, moving the location of the facility,
painting or texturing the facility, etc.
2. Building – or roof-mounted antennas will be painted or textured to blend with the adjacent
surfaces.
3. No lettering, symbols, images or trademarks large enough to be legible to occupants of
vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF,
unless required by the FCC or FAA.
4. Except as specifically required by the FAA (but must be approved by the city), freestanding
primary support structures shall be painted a color that best allows them to blend into the
surroundings. The use of grays, blues and greens might be appropriate; however, each
application shall be evaluated individually.
GH. Lighting.
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1. Freestanding support structures shall not be artificially lighted, unless required by the FAA
or other applicable authority. Any proposed lighting shall be submitted at the time of the initial
application. Any lighting must be reviewed and approved by the city.
2. Security lighting used to light the equipment facility shall be directed downward, shielded
and kept within the boundaries of the site.
HI. Abandoned Facilities.
1. Any WCF which is not utilized for a period of nine months or more will be considered
abandoned.
2. Any WCF which falls into a state of disrepair as determined by the planning director will be
considered abandoned.
3. Any WCF considered to be abandoned must be removed completely within 90 days from the
date of notification by the city’s code enforcement personnel. The code enforcement personnel
may extend the 90-day period should a valid application for use of the facility be submitted to
the city.
IJ. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise
source pursuant to WAC 173-60-040.
JK. Supplemental Information Required for Applications. In addition to the information that is
otherwise required for an application for a permit for a WCF, the following is also required:
1. For a new primary support structure and related equipment, the applicant shall provide the
carrier’s master network plan for the city showing the carrier’s existing WCF locations and
narrative explaining the potential WCF locations over the next year, if known. The applicant
shall also provide technical justification supporting the need for the height of the primary support
structure and why a shorter support structure could not be utilized. Any application for a Type 3-
B facility shall provide technical justification as to why a Type 3-A facility could not be utilized
instead to adequately serve the Auburn community.
2. Narrative description of the facility including whether there is capacity on the proposed
structure for more antennas, methods for minimizing visual impacts of the facilities, etc.
3. A color swatch for the proposed primary support structure.
4. Photographs or similar illustrations that show a reasonable likeness of the proposed facility
including the antenna arrays and above-ground support equipment.
KL. Zones in Which WCF Are Permitted. The following table illustrates which zones the types of
facilities as defined by ACC 18.04.912(J) and 18.04.912(K) are allowed in and which permits are
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required. Microcells, as defined by ACC 18.04.912(G), are allowed only in residential zones and
shall be permitted outright pursuant to the provisions of ACC 18.04.912(G).
Type of Permit Required
Zone Permitted
Outright
Administrative
Use Permit
Conditional
Use Permit
All
Zones
1-D 1-D1 1-D2
RO-H 1-A 1-B 1-C
C-N 1-A 1-B 1-C
C-1 1-A 1-B 1-C
C-2,
DUC
1-A 1-B 1-C
C-3 1-B, 2-A 1-C, 2-B, 3-A 3-B
M-1,
EP
1-B, 2-A 1-C, 2-B, 3-A 3-B
M-2 1-B, 2-A 1-C, 2-B, 3-A 3-B
P-1 1-B, 2-A 1-C, 2-B 3-A3
I 1-A
3-C
1-B
4-A
1-C
LF 1-A 1-B 1-C
1 Allowance for the WCF to extend to a height of 20 percent of the supporting structure.
2 Allowance for the WCF to extend to a height of 30 percent of the supporting structure.
3 The maximum height allowed, including antennas, is 45 feet.
LK. Exemptions.
1. Unless otherwise provided for, the following are exempt from the provisions of this section:
a. Microcells as defined by ACC 18.04.912(G).
b. Mobile Testing Facilities/Equipment Used to Test Network Limitations. The
facilities/equipment shall not be at any one location for more than 14 days and shall
otherwise meet the requirements of any other ordinance, regulation or code provision.
2. EWCFs are The following is exempt from the provisions of subsections A. of this section,
Separation between Facilities, B(1) Co-Location Requirements, C. Height (except C(4)), and D.
Setbacks, of this section:.
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a. Emergency communication systems operated by a local public agency responsible for
providing emergency serviceswireless communication facility (WCF).
Chapter 18.35
SPECIAL PURPOSE ZONES
Sections:
18.35.010 Purpose.
18.35.020 Intent of special purpose zones.
18.35.030 Uses.
18.35.040 Development standards.
18.35.050 Additional development standards for both the RO and R-OH zones.
18.35.010 Purpose.
This chapter lists the land uses that may be allowed within the residential office, residential office-
hospital, institutional, and public use zones established by ACC 18.02.070 (Establishment of zones),
determines the type of land use approval required for each use, and provides basic standards for
site layout and building size. (Ord. 6434 § 1, 2012.)
18.35.020 Intent of special purpose zones.
A. General. This section describes the intent for each of the city’s special purpose zones. These
intent statements may be used to guide the interpretation of the regulations associated with each
zone.
B. RO and RO-H Residential Office and Residential Office-Hospital Zone. The RO and RO-H are
intended primarily to accommodate small-scale business and professional offices, medical and
dental clinics, and banks and similar financial institutions at locations where they are compatible with
residential uses. Some retail and personal services may be permitted if supplemental to the other
uses allowed in the zone. This zone is intended for those areas that are in transition from residential
to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial
uses is geared towards encouraging adaptive re-use of existing single-family structures that continue
to appear in accord with the single-family residential character. The RO-H designation is to be used
exclusively for the hospital area, located in the vicinity of 2nd Street NE and Auburn Avenue, and is
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intended to be used for medical and related uses and those uses compatible with the medical
community.
C. P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and
development of public uses that serve the cultural, educational, recreational, and public service
needs of the community.
D. I Institutional Zone. The I zone is intended to provide an area wherein educational,
governmental, theological, recreational, cultural and other public and quasi-public uses may be
allowed to develop. It is further intended these areas be significant in scope which will allow a
combination of uses which may not be permitted outright within other zones. This district is not
intended to include those smaller or singular public uses which are consistent with and permitted in
other zones.
E. OS Open Space Zone. The OS zone is intended to provide for land uses that tend to be
managed in a largely undeveloped character, including passive parks, watersheds, natural and
urban conservancy shoreline areas, significant wildlife habitats, large stormwater detention ponds or
floodplain ponds, utility corridors with public access, and areas with significant development
restrictions. Park lands included in the open space zone tend to be predominately passive in
character and with relatively fewer developed facilities than parks included in the institutional zone.
Private sites containing critical areas or shorelines may be included. (Ord. 6677 § 2, 2018; Ord. 6434 § 1,
2012.)
18.35.030 Uses.
A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each
special purpose zone and the planning permit required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030
(“Standards for Specific Land Uses”) includes a section number, the referenced section determines
other requirements and standards applicable to the use regardless of whether it is permitted outright
or requires an administrative or conditional use permit.
Table 18.35.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone
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Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I OS
MARIJUANA RELATED BUSINESSES
Marijuana processor X X X X X
Marijuana producer X X X X X
Marijuana researcher X X X X X
Marijuana retailer X X X X X
Marijuana transporter
business
X X X X X
PUBLIC
Animal shelter, public X X P X X
Government facilities,
this excludes offices
and related uses that
are permitted outright
A A P P C
Municipal parks and
playgrounds
P P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds X X X P P
Recreational vehicle
parks, private
X X X P X
Cemetery, public X X P A X
Cemetery, private X X X A X
College, university,
public
X X A A X
Commercial recreation
facility – Indoor
X X X P X
Commercial recreation
facility – Outdoor
X X X A C ACC 18.57.025(A)
Conference/convention
facility
X X X A X
Library, museum X X P P A
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Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I OS
Meeting facility, public
or private
A A P P A
Private school –
specialized
education/training (for
profit)
P P X P X
Public schools (K-12)
and related facilities
X X P P X
Religious institutions,
lot size less than one
acre
A P X P X
Religious institutions,
lot size more than one
acre
C A X P X
Studio – Art, dance,
martial arts, music, etc.
P X X X X
RESIDENTIAL
Duplex P1 X X A X
Home occupation P P X P P Chapter 18.60 ACC
Live/work, work/live
unit
A P X A X
Marijuana cooperative X X X X X
Multiple-family
dwellings, stand-alone
P2 A3 X A X
One detached single-
family dwelling
P X X X P5
Nursing home,
assisted living facility
A A X P X
Senior housing A A X A X
RETAIL
Restaurant, cafe,
coffee shop, excluding
drive-through facilities
A A P A X
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Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I OS
SERVICES
Banking and related
financial institutions,
excluding drive-
through facilities4
P P X X X
Daycare, including
mini daycare, daycare
center, preschools or
nursery schools
A P X P A
Home-based daycare P P X P P
Medical services –
Clinic or urgent care4
P P X X X
Mortuary, funeral
home, crematorium
X P X X X
Professional offices P P X A A
Personal service
shops
P P X X X
Pharmacies X P X X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Utility facilities,
substations, utility
transmission or
distribution line
X X X X A See ACC 18.02.040(E)
Emergency wireless
community facility
(EWCF)
X X X P X See ACC 18.04.912 and
18.31.100
OTHER USES THAT ARE NOT LISTED
Other uses may be
permitted by the
planning director or
designee if the use is
determined to be
consistent with the
intent of the zone and
P P P P P
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Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I OS
is of the same general
character of the uses
permitted
Notes:
1 Duplexes, 3,600 square feet of lot area per dwelling unit is required.
2 Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit.
3 Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit.
4 Permitted within a Public College or University as an Amenity or Service Provided to Students: A stand-
alone bank or medical services/clinic is not permitted.
5 One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open
space zone.
(Ord. 6677 § 3, 2018; Ord. 6642 § 11, 2017; Ord. 6434 § 1, 2012.)
18.35.040 Development standards.
Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected,
relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements
in Table 18.35.040 (RO, RO-H, P-1, I Zone Development Standards) and in compliance with the
provisions of this title, and then only after securing all permits and approvals required hereby. These
standards may be modified through either an administrative variance or variance, subject to the
procedures of Chapter 18.70 ACC.
Table 18.35.040. RO, RO-H, P-1, I, OS Zone Development Standards
Development Feature
Requirement by Zones
RO
Residential
Office
RO-H
Residential
Office-Hospital
P-1
Public Use
I
Institutional
OS
Open Space
Minimum lot area 7,200 sf None None 6,000 sf None
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Development Feature
Requirement by Zones
RO
Residential
Office
RO-H
Residential
Office-Hospital
P-1
Public Use
I
Institutional
OS
Open Space
Minimum lot width,
depth
50 ft, 80 ft None None 60 ft, 80 ft None
Maximum lot coverage 55 percent (1) None None 35 percent 5 percent
Maximum impervious
area
NA NA NA NA 20 percent (7)
Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for exceptions to
these requirements.
Front 20 ft (2) 10 ft 20 ft 20 ft 20 ft
Side – Interior 5 ft None 5 ft (4) 5 ft 5 ft
Side – Corner 10 ft 10 ft 10 ft 10 ft 10 ft
Rear 25 ft (3) None 25 ft 25 ft 25 ft
Accessory structure(s) See note (5)
below
NA NA See note (5)
below
Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height limitations –
Exceptions) for height limit exceptions.
Maximum height 35 ft 65 ft 45 ft 45 ft (6) 35 ft
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming
structures, land and
uses
See Chapter 18.54 ACC
Notes:
1 New single-family residential or conversions of single-family residences to commercial uses with additions greater
than a total or cumulative area of 200 square feet on the property since the adoption of Ordinance No. 6231, then
the maximum lot coverage is 35 percent.
2 New single-family residential or conversions of single-family residences to commercial uses with additions of 200
square feet or less, then the front yard setback is 10 feet.
3 New single-family residential or conversions of single-family residences to commercial uses with additions of 200
square feet or less, then the rear yard setback is 15 feet.
4 A 25-foot setback is required when adjacent to a residential zone.
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5 Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback
may be reduced to five feet; provided, that any structure with a vehicle entrance from a street (public or private) or
public alley shall be set back a minimum of 20 feet.
6 Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings: 16 feet.
7 Maximum impervious area includes all hard surfaces per ACC 13.48.010(J).
(Ord. 6677 § 4, 2018; Ord. 6434 § 1, 2012.)
18.35.050 Additional development standards for both the RO and RO-H zones.
A. All uses shall be conducted entirely within an enclosed structure, except noncommercial
municipal automobile parking facilities in the RO-H zone.
B. There shall be no outside storage of materials allowed.
C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties.
D. No on-site hazardous substance processing and handling, or hazardous waste treatment and
storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-
site hazardous waste treatment and storage facilities shall be subject to the state siting criteria
(Chapter 70.105 RCW).
E. Any new construction, including additions and alterations, within the RO district shall utilize
similar bulk, scale, and architectural and landscape elements of the existing site structure or those of
the neighborhood in which the property is located. A site plan and building elevation plans shall be
prepared by the applicant which address compliance with the requirements as outlined in this
subsection. The plans shall be approved by the planning director or designee prior to the issuance of
any building permits.
The planning director and the public works director or designees may deviate from the development
standards under ACC 18.35.040 up to 10 percent, for example, reduce rear yard setback by one and
one-half feet, to address unusual circumstances for conversions of single-family residential uses to
nonresidential uses. (Ord. 6434 § 1, 2012.)
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March 2019 1
Memorandum
TO: Judi Roland, Chair, Planning Commission
Roger Lee, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Alexandria Teague, Planner II, Department of Community Development
DATE: March 21, 2019
RE: City File No.: ZOA18-0001 – PSERN Zoning Code Amendments
PROPOSAL: The Puget Sound Emergency Radio Network (PSERN) has submitted applications for code
amendment and associated environmental review to change the following three zoning code chapters:
• Chapter 18.04 (Definitions),
• Chapter 18.31 (Supplemental Development Standards), and
• Chapter 18.35 (Special Purpose Zones)
The amendments establish a new land use category of “emergency wireless communication facility
(EWCF)”, modify the applicable zoning development standards and allow siting of EWCFs in the I,
Institutional zoning district.
FINDINGS OF FACT:
Background & Proposal
1. Puget Sound Emergency Radio Network (PSERN) is a public safety wireless communications
network intended to replace the current King County (KC) Emergency Radio Communications
System, which is 20 years old and is limited in coverage. PSERN, much like the KC Emergency
Radio Communications System, will be used by first responders to coordinate activities during
emergency incidents, and will be used by all jurisdictions in King County. Due to the increase in
population within the region since the current system was initiated, additional radio coverage is
needed. The current system is to be replaced in order to provide greater coverage and increase
reliability. Replacing the KC Emergency Radio Communication System will involve both
upgrading existing WCFs and constructing new WCFs.
2. The new emergency wireless communication facility (EWCF) to be located in Auburn is proposed
to enhance E-911 emergency communications by increasing coverage throughout the region.
PSERN selected a site based on extensive technical analysis and site selection process. The site
elevation, tower height and presence of surrounding obstacles such as tree vegetation are
critical factors in site selection. EWCF siting is predicated on radio frequency (RF) engineering
which uses line-of-sight (LOS) technology. LOS technology requires an unobstructed path
between receivers and transmitters. Obstructions include trees, other structures, and even the
landscape (e.g. hills). Therefore, to achieve adequate communication signal coverage a tower
and its antennas must be of a higher than surrounding obstructions.
Ordinance 6716 Exhibit B
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EWCF: PROPOSED AMENDMENT
March 2019 2
3. The proposed EWCF in short, consists of a self-supporting tower that is 180 feet in height (185’
with lightning rod) with four (4) antennas and two (2) microwave dishes on the tower, and an at
grade equipment facility including an emergency backup power generator at the base of the
tower within a fenced yard.
4. The proposed EWCF is on an 8.38-acre parcel, located west of the intersection of Auburn Way S
and 32nd St SE, on Auburn Adventist Academy owned property.
5. The subject parcel is divided by two roadways; of Auburn Way South and 32nd St SE and is
currently split zoned as I, Institutional and R-5, Residential 5 dwelling units per acre. The
centerline of Auburn Way South defines the location of the split zone boundary (reference map
in Attachment Exhibit B). The land use designation of the subject property is also split between
“Single Family Residential” and “Institutional”. The split land use designation falls along exactly
the same lines as the split zoning. The majority of the 8.38 parcel is zoned (and though not
shown, is designated) “Institutional”. Due to the location and nature of the specific proposal in
Auburn and the compatibility of the Institutional zone with the proposed use, the Director of
Community Development issued an Administrative Decision, indicating that the entire subject
property will be regulated using the Institutional zone’s zoning development standards
(reference Attachment Exhibit B.
6. The City’s existing zoning code requirements, which are primarily oriented to private WCF
carriers, does not allow such a facility. Therefore PSERN has applied for zoning code changes to
accommodate the proposed facility.
7. The proposed zoning code amendment has been discussed with the Planning Commission
previously at two regular meetings. Staff has provided two memorandums and presentations as
follows:
a. At the January 23, 2019 Planning Commission regular meeting, staff provided the first
memorandum and presentation regarding the proposed amendments. This discussion
provided an overview of PSERN, its purpose and funding, the definition of a wireless
communication facility (WCF), the supplemental siting standards pertaining to WCFs, and
finally, examples of other jurisdictions’ standards pertaining to Emergency Wireless
Communication Facilities (EWCFs).
b. At the March 5, 2019 Planning Commission meeting, staff provided the second
memorandum and presentation. The purpose of the March 5th discussion was to respond to
the Commission’s questions of the first meeting and to outline options and seek guidance
on code direction for regulating collocation on and the height of EWCFs.
Procedural Steps
8. Pursuant to Revised Code of Washington (RCW) 36.70A the proposed zoning code amendment
language was transmitted to the Washington State Department of Commerce requesting an
expedited review (consisting of a 14-day period) on December 10, 2019. On January 7, 2019 the
City received notice that expedited review had been granted, and that upon receipt of the email
the City met the notice to state agency requirements contained in RCW 36.70A.106. The City did
not receive any state agency comments.
9. A State Environmental Policy Act (SEPA) non-project environmental checklist was prepared that
evaluates the environmental impacts of the proposed code amendments to Auburn City Code
(ACC) Chapter 18.04 (Definitions), Chapter 18.31 (Supplemental Development Standards), and
Chapter 18.35 (Special Purpose Zones) and to address the physical construction of the EWCF.
10. A combined SEPA determination of non-significance (DNS), Notice of Application (NOA), and
Notice of Public Hearing (NOPH) was issued on December 10, 2018. A revised DNS and NOA was
reissued on December 19, 2019 to solely cancel the NOPH, which was included in error. The
combined DNS and NOA established a 15-day SEPA public comment period which expired at
5:00 PM on December 25, 2018 (December 26, 2018 as December 25th is a federally observed
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EWCF: PROPOSED AMENDMENT
March 2019 3
holiday). The combined public notification provided public comment opportunity under both
SEPA (City file no. SEP18-0015) and the zoning amendment (City file no. ZOA18-0001).
11. As of the date of writing of this report, staff has received three public comments the comment
letters are included as Attachment Exhibit C. The comments were received from Jeff Watson
and Richard Wooding on December 19, 2018, December 21, 2018, and December 26, 2018. Two
of the comments were provided by Mr. Watson (on December 19, 2018 and December 21,
2018). The majority of Mr. Watson’s comments concerned the City’s procedures on issuing a
combined notice of application (NOA) and SEPA determination of non-significance (DNS). The
City provided written responses to both on December 21, 2018 and January 14, 2019 outlining
the City’s procedures for issuing a combined NOA and SEPA DNS, and addressing other general
inquires of Mr. Watson. Mr. Wooding provided comment (December 26, 2018) that he does not
anticipate the project impacting his property.
12. A Notice of Public Hearing was subsequently issued on March 22, 2019. Pursuant to ACC
Chapter 18.68 the following methods of noticing for the Planning Commission public hearing
were conducted:
a. The NOPH was published in the Seattle Times on March 22, 2019.
b. The NOPH was posted in three general public locations (City Hall, City Annex, and the
City’s Public Land Use Notice webpage).
STAFF RECOMMENDATION: Attached for the Planning Commission’s consideration is the draft code
language (Attachment Exhibit A). Staff recommends the Commission recommend approval of the
amendments, as proposed (Attachment Exhibit A), to the City Council.
In summary, the changes to the three zoning code chapters:
• Chapter 18.04 (Definitions),
• Chapter 18.31 (Supplemental Development Standards), and
• Chapter 18.35 (Special Purpose Zones)
Can be summarized as follows:
Item 1. Amend Chapter 18.04 to Establish a New Land Use Category of EWCFs
Chapter 18.04 Auburn City Code (ACC) contains the definition of a wireless communication facility and
its related components (e.g. antennas), and provides a breakdown of the different types of WCFs. The
purpose of the amendments to Chapter 18.04 is twofold: to define what constitutes an “emergency
wireless communication facility” and to create two new “Types” of wireless communication facility
intended to implement the new definition.
As provided in the proposed zoning code language included in Attachment Exhibit A – an EWCF will be
defined as follows:
K. “Emergency Wireless Communication Facility (EWCF)” means a wireless communications
facility for the purpose of an emergency communication system operated by a local public agency
responsible for providing emergency services.
Two new types of WCFs, intended to implement the new definition of EWCF, are also proposed:
3. TYPE 3. Type 3 is the erection of new (primary) support structures. There are three separate Type
3 categories described as follows:
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EWCF: PROPOSED AMENDMENT
March 2019 4
a. 3-A. Monopoles that are 75 feet or less in height.
b. 3-B. Monopoles that are more than 75 feet in height or lattice towers of any height.
c. 3-C. Monopoles or lattice towers that meet the definition of an EWCF and are 185 feet
or less in structure height.
4. TYPE 4. Type 4 are new antennas erected on existing EWCF (primary) support structures that have
previous city approvals. There is one Type 4 category, which is described as follows:
a. 4-A. Mounting of antennas cannot exceed the following thresholds: 1
i. Increase the height of an existing primary support structure by 10 percent, or 20
feet (whichever is less).
ii. Add an appurtenance to the body of the tower that would protrude from the
outside edge of the tower more than 20 ft.
iii. Install more than four ancillary equipment facilities.
1This section is intended to be interpreted consistent with 47 CFR 1.40001, as amended.
The Type 3-C WCF is a primary support structure (i.e. monopole or lattice tower) that specifically meets
the definition of an EWCF and cannot exceed 185 ft. in structure height. A Type 4 WCF includes
antennas that are mounted on an existing EWCF; it should be noted that the word “antenna” in this
context corresponds to both an “antenna array” meaning one or more rods, panels, discs or similar
device, and an “equipment facility” meaning structure used to contain ancillary equipment for a WCF
which may include cabinets and shelters. A Type 4 WCF is subject to the thresholds listed above.
Item 2. Amend Chapter 18.31 – Modify the Supplemental Siting Standards for WCFs
Chapter 18.31 ACC contains the supplemental siting standards that normally apply to all WCFs. The
supplemental siting standards are intended to guide the location and development of WCF on properties
regulated under this title. The purpose of amending Chapter 18.31 is to create an exemption for EWCFs
and specify the type of permit required for a Type 3-C and Type 4-A WCF.
Exhibit 1. Required and Exempt Supplement Siting Standards Applicable to EWCFs
Required Standards Existing Exemptions Proposed Exemptions
• Co-Location Requirements(B.2)
• Fencing and Landscaping
• Aesthetics
• Lighting
• Abandoned Facilities
• Noise
• Separation between Facilities • Height (except C.4)
• Setbacks
• Co-Location (B.1)
As proposed EWCFs will be exempt from the supplemental height, setback, and co-location (B.1)
requirement siting standards. A couple of items to note regarding the above exemptions:
• Height: While EWCF will be exempt from supplemental height siting standard contained in
Chapter 18.31, by definition (contained in Chapter 18.04) an EWCF cannot exceed 185 ft. in
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EWCF: PROPOSED AMENDMENT
March 2019 5
structure height. The height exemption excludes C(4) which is the requirement that an applicant
provide evidence that the Federal Aviation Administration (FAA) has approved the location of
the (primary) support structure.
• Co-location (B.1): Currently WCFs are required to execute and provide evidence of a
nonexclusive lease with the carrier that allows other carriers to place antennas on the (primary)
support structure. The purpose of the co-location exemption is to remove the requirement that
an EWCF must execute an nonexclusive lease and allow other carriers to locate on their support
structure.
Exhibit 2. Types of Permit Required for EWCFs
Zone Permitted Outright Administrative Use Permit Conditional Use
Permit
Institutional Zone 3-C 4-A N/A
As shown in Exhibit 2, the siting of a Type 3-C WCF (aka EWCF noted in item 1) will be permitted outright
in the Institutional zoning district. The collocating of a Type 4-A WCF (also defined in Item 1), on an Type
3-C WCF will be required to secure an administrative use permit (ADM) prior to the placement the Type
4-A WCF. The ADM process will provide the City the opportunity to review for potential impacts and
establish conditions mitigating impacts of the use and to assure compatibility with other uses in the
zone. It will allow the City the opportunity to solicit and consider public comments on each collocation
proposal.
Item 3. Amend Chapter 18.35 - Add EWCFs as an Allowed Use in the Institutional Zone
Each zoning district features a table of allowed uses that establishes whether a specific use is allowed in
a zone and whether that use is allowed as a permitted, administrative, or conditional use. The table of
allowed uses also indicates which uses are prohibited. Chapter 18.35 ACC contains the table of allowed
uses for the “Special Purpose Zones”. The Institutional zoning district is considered a “Special Purpose
Zone” and its table of allowed uses is included within this chapter. Therefore, the purpose of amending
Chapter 18.31 is to add EWCFs as an allowed use within the Institutional zoning district.
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EWCF: PROPOSED AMENDMENT
March 2019 6
Exhibit 3. Summary of Allowed and Prohibited Uses within the Institutional Zone
Allowed Prohibited
Permitted
• Government facilities, this excludes offices and
related uses that are permitted outright
• Municipal parks and playgrounds
• Campgrounds
• Recreational vehicle parks, private
• Commercial recreation facility – Indoor
• Library, museum
• Meeting facility, public or private
• Private school – specialized education/training
(for profit)
• Public schools (K-12) and related facilities
• Religious institutions, lot size less than one acre
• Religious institutions, lot size more than one
acre
• Home occupation
• Nursing home, assisted living facility
• Daycare, including mini daycare, daycare
center, preschools or nursery schools
• Home-based daycare
• Other uses may be permitted by the planning
director or designee if the use is determined to
be consistent with the intent of the zone and is
of the same general character of
the uses permitted
• Emergency Wireless Communication Facilities
(EWCF) – subject to the standards for specific
land use contained in ACC 18.04.912, 18.31.100
• Marijuana processor
• Marijuana producer
• Marijuana researcher
• Marijuana retailer
• Marijuana transporter business
• Animal shelter, public
• Studio – Art, dance, martial arts, music, etc.
• Marijuana cooperative
• Multiple-family dwellings, stand-alone
• One detached single-family dwelling
• Banking and related financial institutions,
excluding drive-through facilities (4)
• Medical services – Clinic or urgent care (4)
• Mortuary, funeral home, crematorium
• Personal service shops
• Pharmacies
• Utility facilities, substations, utility
transmission or distribution line
Administrative
• Cemetery, public
• Cemetery, private
• College, university, public
• Commercial recreation facility – Outdoor
• Conference/convention facility
• Duplex
• Live/work, work/live unit
• Multiple-family dwellings, stand-alone
• Senior housing
• Restaurant, cafe, coffee shop, excluding drive-
through facilities
• Professional offices
(4) Permitted within a public college or university as an amenity or service provided to students. A stand-alone bank or medical
services/clinic is not permitted.
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EWCF: PROPOSED AMENDMENT
March 2019 7
ATTACHMENTS:
Exhibit A – Proposed PSERN EWCF Code Amendment
Exhibit B – PSERN Administrative Decision
Exhibit C – Received Public Comments
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EXHIBIT B. PSERN Administrative Decision
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PSERN – Zoning Code Amendment
Emergency Wireless Communication Facility
ZOA18-0001
EXHIBIT C – PUBLIC COMMENTS
Page 77 of 156
From:Alexandria Teague
To:"Jeffrey.Watson@muckleshoot.nsn.us"
Cc:Jeff Dixon
Subject:RE: ZOA18-0001 SEP18-0015
Date:Friday, December 21, 2018 11:14:13 AM
Attachments:PSERN subject parcel excerpt land use designation map.pdf
PSERN subject parcel excerpt zoning map.pdf
PSERN Administrative Decision.pdf
Sheet 10_PSERN Prelim Civil Plans.pdf
Good morning Jeff,
Thank you for your questions, repeated below in bold. In your e-mail of December 19, 2018, you
posed 7 questions. It appears that questions 2 ,3, 5, and 7 have been addressed. This e-mail
addresses the remaining 3 questions by providing the following responses regarding questions 1, 4,
and 6. I’ve also provided a further response to question 7.
· Question 1 - Maybe I’m seeing things, but your map (HERE) shows the zoning for the
project site listed on the Notice of Application (NOA) as R-1; land use appears to me as
being “Single Family Overlay”
To be responsive to your question, I’ve attached an excerpt of the zoning map and a
separate excerpt of the land use designation map (Comprehensive Plan). The subject parcel,
highlighted in blue on the attached maps, is “split zoned” consisting of R-5, Residential 5
dwelling units per acre and I, Institutional. Also, the subject parcel also features a split land
use designation of “Single Family Residential” and “Institutional”. It should be noted that the
majority of the subject parcel has both zoning and land use designation of Institutional
categories. The Director has issued an Administrative Decision that provides that the
subject parcel will be regulated using the “I, Institutional “ zoning standards for the specific
purpose of accommodating the proposed use (the emergency communication wireless
communication facility (WCF)). The basis of this decision is explained in the attached
Administrative Decision.
The majority of the parcel is developed with institutional-type uses while the portion located
southwest of Auburn Way South is currently vacant. Provision of these maps with the
parcel outlined should clear up your question of the classifications that apply.
· Question 4 – WAC 197-11-355 provisions for the “expected” DNS and the single
integrated comment period; this NOA seems to indicate that the DNS is being issued as of
12/14/2018
Not sure what you’re referring to when you say “expected DNS”. The section of the State
Environmental Policy Act (SEPA) that you reference WAC 197-11-355 provides for an
“Optional DNS Process”. This section allows the city combine the comment period under
SEPA with those a notice of application (NOA) for a Determination. The purpose of the WAC
197-11-355 is “to use a single integrated comment period to obtain comments on the notice
of application and the likely threshold determination for the proposal”. While it is not clear,
your question appears to put emphasis on the use of the word “project”. The purpose of
WAC 197-11-704 is to define what is an “action” subject to SEPA. As provided in WAC 197-
11-704 both the specific project proposal (the construction of the emergency
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communication WCF) and the non-project proposal (the proposed text amendment to Title
18 “Zoning”) are both “actions” subject to SEPA . Further, the SEPA rules under WAC 197-
11-060 promote and require combining proposals or parts of proposal that are closely
related. I’ve highlighted the pertinent section of WAC 197-11-060 below. It should also be
noted that the specific project proposal and non-project proposal are consistent with b(i)
and b(ii) below.
Code excerpt: ---------------------------------------------------------------------------
WAC 197-11-060
Content of environmental review.
(1) Environmental review consists of the range of proposed activities, alternatives,
and impacts to be analyzed in an environmental document, in accordance with
SEPA's goals and policies. This section specifies the content of environmental review
common to all environmental documents required under SEPA.
(2) The content of environmental review:
(a) Depends on each particular proposal, on an agency's existing planning
and decision-making processes, and on the time when alternatives and
impacts can be most meaningfully evaluated;
(b) For the purpose of deciding whether an EIS is required, is specified in the
environmental checklist, in WAC 197-11-330 and 197-11-444;
(c) For an environmental impact statement, is considered its "scope" (WAC
197-11-792 and Part Four of these rules);
(d) For any supplemental environmental review, is specified in Part Six.
(3) Proposals.
(a) Agencies shall make certain that the proposal that is the subject of
environmental review is properly defined.
(i) Proposals include public projects or proposals by agencies,
proposals by applicants, if any, and proposed actions and regulatory
decisions of agencies in response to proposals by applicants.
(ii) A proposal by a lead agency or applicant may be put forward as
an objective, as several alternative means of accomplishing a goal, or
as a particular or preferred course of action.
(iii) Proposals should be described in ways that encourage
considering and comparing alternatives. Agencies are encouraged to
describe public or non-project proposals in terms of objectives
rather than preferred solutions. A proposal could be described, for
example, as "reducing flood damage and achieving better flood
control by one or a combination of the following means: Building a
new dam; maintenance dredging; use of shoreline and land use
controls; purchase of flood prone areas; or relocation assistance."
(b) Proposals or parts of proposals that are related to each other closely
enough to be, in effect, a single course of action shall be evaluated in the
same environmental document. (Phased review is allowed under subsection
(5).) Proposals or parts of proposals are closely related, and they shall be
discussed in the same environmental document, if they:
Page 79 of 156
(i) Cannot or will not proceed unless the other proposals (or parts of
proposals) are implemented simultaneously with them; or
(ii) Are interdependent parts of a larger proposal and depend on the
larger proposal as their justification or for their implementation.
--------------------------------------------------------------------------------------------
Lastly, the DNS was originally issued on December 10, 2018 as a combined Notice of
Application (NOA), Determination of Non-significance (DNS), and Notice of public hearing
(NOH); the notice was re-issued on December 19, 2018 solely to remove the notice of public
hearing as the date and time of the Planning Commission public hearing is yet to be
determined. As an interested party, you were sent both the original and revised notices.
The Notice describes a formal comment period being observed until December 26, 2018
(due to the holiday). There will be additional opportunity for public comment at the future
public hearing when it is held.
· Question 6 - Permitted outright in the “I” zone? At the very least I would think a ACUP
would be warranted; there’s a lot of SFR up there.
Yes, the current proposal by staff is to allow the use to be permitted outright in the I,
Institutional zoning district. This approach is similar to several nearby jurisdictions. Thank
you for your comment, that you believe a conditional use permit (CUP) is warranted; it will
be considered in our discussions of the proposed text amendment with the Planning
Commission.
· Question 7 - I haven’t gone through all of your documentation but I don’t see a “site
plan”; the exact location of the proposed tower would be helpful as there is a lot of
infrastructure in a 180 ft. radius depending on placement.
As stated in the notice, the application materials, including site plan, associated with the
combined NOA and DNS are included on the City’s “Public Land Use Notices” webpage. The
preliminary civil plan, included on the public notice page for the PSERN project, depict a site
plan and the location of the proposed WCF facility relative to the property lines. The tower
is proposed to be located on the portion of the lot located southwest of Auburn Way South.
I’ve attached a sheet from the preliminary civil plan that depicts the location of the tower.
Thank you again for your questions. I believe between this e-mail and the previous ones, staff has
fully answered your questions. If you have further specific questions or concerns, I would be happy
to meet with you to disucss.
Sincerely,
Alexandria
Alexandria Teague, Planner II
Community Development
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City of Auburn | www.auburnwa.gov
253.931.3088 | ateague@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | https://www.surveymonkey.com/r/XNSL95J
Application Forms | http://www.auburnwa.gov/services/resource_library/forms.htm
Zoning Maps | http://www.auburnwa.gov/services/resource_library/maps.htm
From: Jeffrey Watson <Jeffrey.Watson@muckleshoot.nsn.us>
Sent: Wednesday, December 19, 2018 4:39 PM
To: Alexandria Teague <ateague@auburnwa.gov>
Subject: RE: ZOA18-0001 SEP18-0015
… although… not to split hairs but I don’t how you can issue a DNS (especially under 197-11-355)
for both the project and the non-project code amendment… by definition you can’t use 355 as it is
for the “… integrated project review process (RCW 36.70B.060).”WAC 197-11-704
Action.
(1) "Actions" include, as further specified below:
(a) New and continuing activities (including projects and programs) entirely or partly
financed, assisted, conducted, regulated, licensed, or approved by agencies;
(b) New or revised agency rules, regulations, plans, policies, or procedures; and
(c) Legislative proposals.
(2) Actions fall within one of two categories:
(a) Project actions. A project action involves a decision on a specific project, such as
a construction or management activity located in a defined geographic area. Projects include
and are limited to agency decisions to:
(i) License, fund, or undertake any activity that will directly modify the environment,
whether the activity will be conducted by the agency, an applicant, or under contract.
(ii) Purchase, sell, lease, transfer, or exchange natural resources, including publicly
owned land, whether or not the environment is directly modified.
(b) Nonproject actions. Nonproject actions involve decisions on policies, plans, or
programs.
(i) The adoption or amendment of legislation, ordinances, rules, or regulations that
contain standards controlling use or modification of the environment;
(ii) The adoption or amendment of comprehensive land use plans or zoning ordinances;
(iii) The adoption of any policy, plan, or program that will govern the development of
a series of connected actions (WAC 197-11-060), but not including any policy, plan, or
program for which approval must be obtained from any federal agency prior to
implementation;
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(iv) Creation of a district or annexations to any city, town or district;
(v) Capital budgets; and
(vi) Road, street, and highway plans.
(3) "Actions" do not include the activities listed above when an agency is not involved.
Actions do not include bringing judicial or administrative civil or criminal enforcement
actions (certain categorical exemptions in Part Nine identify in more detail governmental
activities that would not have any environmental impacts and for which SEPA review is not
required).
From: Jeffrey Watson
Sent: Wednesday, December 19, 2018 3:51 PM
To: 'Alexandria Teague'
Subject: RE: ZOA18-0001 SEP18-0015
After digging into the file a bit I think you can disregard questions 2,3,5, and 7 for now…
From: Jeffrey Watson
Sent: Wednesday, December 19, 2018 9:51 AM
To: 'Alexandria Teague'
Subject: ZOA18-0001 SEP18-0015
Good Morning Alex,
A few quick questions:
1) Maybe I’m seeing things but your map (HERE) shows the zoning for the project site listed on
the NOA as R-1; land use appears to me as being “Single Family Overlay”
2) Are you really able to alter your Zoning code outside of the comp plan amendment process?
3) It appears that the SEPA checklist is project specific; is there not a separate SEPA process for
the Code Amendment?
4) 197-11-355 provisions for the “expected” DNS and the single integrated comment period;
this NOA seems to indicate that the DNS is being issued as of 12/14/2018
5) No Building Permit?
6) Permitted outright in the “I” zone? At the very least I would think a ACUP would be
warranted; there’s a lot of SFR up there.
7) I haven’t gone through all of your documentation but I don’t see a “site plan”; the exact
location of the proposed tower would be helpful as there is a lot of infrastructure in a 180 ft
radius depending on placement.
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Jeffrey A. Watson
Planner III; Planning Division
Community Development Services
Muckleshoot Indian Tribe
39015-A 172nd Ave. S.E.,
Auburn, WA 98092
Office: 253-285-4048
Cell: 253-350-6515
Fax: 253-876-3182
Email: Jeffrey.Watson@muckleshoot.nsn.us
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From:Richard Wooding
To:Alexandria Teague
Cc:Richard Wooding
Subject:Re: PSERN Notice of Application Materials
Date:Wednesday, December 26, 2018 12:41:04 PM
Attachments:image001.png
Alexandria,
It appears from the photos that there would be no direct impact on my property. As I indicated in our conversation I would object to any action that would
have an impact on my present use of my property. I will be out of state and not able to attend any meetings.
Thank you for taking the time to inform me on the proposal.
Dick Wooding
253-732-8940
From: Alexandria Teague <ateague@auburnwa.gov>
Sent: Thursday, December 13, 2018 4:50 PM
To: 'f-vlornaingrid@msn.com'
Subject: RE: PSERN Notice of Application Materials
The location is the parcel with the yellow border that also contains the blue dot.
Sincerely,
Alexandria
Alexandria Teague, Planner II
Community Development
City of Auburn | www.auburnwa.gov
253.931.3088 | ateague@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | https://www.surveymonkey.com/r/XNSL95J
Application Forms | http://www.auburnwa.gov/services/resource_library/forms.htm
Zoning Maps | http://www.auburnwa.gov/services/resource_library/maps.htm
From: Alexandria Teague
Sent: Thursday, December 13, 2018 4:48 PM
To: 'f-vlornaingrid@msn.com' <f-vlornaingrid@msn.com>
Subject: PSERN Notice of Application Materials
Good afternoon Mr. Wooding,
Page 90 of 156
Here is the link to the City’s land use notice page. For more information regarding the PSERN proposal (the letter you received) please visit this website:
https://www.auburnwa.gov/landuse. Once you are on this page, please look for the link titled “PSERN Emergency Wireless Communication Facility”.
Sincerely,
Alexandria
Alexandria Teague, Planner II
Community Development
City of Auburn | www.auburnwa.gov
253.931.3088 | ateague@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | https://www.surveymonkey.com/r/XNSL95J
Application Forms | http://www.auburnwa.gov/services/resource_library/forms.htm
Zoning Maps | http://www.auburnwa.gov/services/resource_library/maps.htm
This message is private and privileged. If you are not the person meant to receive this message, please let the sender know, then delete it. Please do not copy
or send it to anyone else.
Page 91 of 156
AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
PSERN
CODE AMENDMENT
ZOA18 -0001
CITY COUNCIL
STUDY SESSION
MAY 13, 2019
Department of Community Development
Engineering Services Administrative Services Environmental Services
Community Development Services Maintenance & Operations Services Page 92 of 156
PSERN PROPOSAL + PURPOSE
The Puget Sound Emergency Radio Network (PSERN) has
submitted applications for and requests:
To amend the City’s Zoning Code –Title 18 to allow the use and
siting of emergency wireless communication facility or “EWCFs”
within the I, Institutional Zone to accommodate their self-supporting,
180-foot, unmanned, wireless communications facility.
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Planning Commission has reviewed and discussed the
proposed zoning code amendment at two (2) meetings
On April 2, 2019 the Planning Commission held a public
hearing regarding the amendment
PLANNING COMMISSION SUMMARY
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PROPOSED CODE AMENDMENT
The code change requested by PSERN affects three Chapters
of the City’s zoning code regulations applicable to WCFs to
accommodate their proposed facility.
The three Chapters to be amended include Auburn City Code
Chapter:
18.04 Definitions –
Recognize “EWCF” as a special type of WCFs
18.31 Supplemental Development Standards –
Define two new types of WCFs
Exempt EWCFs from several of the supplemental siting standards
Identify the types of permits required for the two new types of WCFs
18.35 Special Purpose Zones -
Add EWCFs as a new use allowed within the I Zone
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Schedule Ordinance No. 6716 for action by City Council at the
regular meeting on May 20, 2019.
STAFF REQUEST
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QUESTIONS?
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Joint Meeting with Planning Commission
Date:
May 7, 2019
Department:
Community Development
Attachments:
Past Planning Commis s ion Agenda Items by
Month
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion
Background Summary:
Most often City staff serves as conduit for communication between the citizen advisory
Planning Commission and the City Council. However, historically the Planning Commission
and the City Council have periodically met together to share information and discuss items of
mutual interest affecting the growth and development of the City of Auburn. This joint meeting
of the Planning Commission and City Council as a portion of the regular Council Study
Session is to facilitate this discussion and check-in.
The formation and operation of the Planning Commission is authorized under State Law at
RCW 35A.63 (Planning and Zoning in Code Cities). Here, it provides that cities may adopt an
ordinance to establish the planning commission for the purpose of adopting and amending
the comprehensive plan to anticipate and influence the orderly and coordinated development
of land for the city and immediate environs. The ordinance authoring the planning
commission is found in City Code at ACC 2.45 (Planning Commission). The planning
commission schedules monthly meetings to study potential land use subjects and proposed
changes. They conduct public hearings to provide citizen review and then makes
recommendations on planning-related matters to the City Council. The City Council makes
the final decision on such actions.
Planning commission responsibilities involve review and recommendation on revision of the
community's comprehensive plan and its associated documents such as special area
(neighborhood) plans and special-purpose plans (such as transportation, utilities or parks plan
elements) and on local land use regulations, such as:
zoning code
subdivision code
Critical area regulations
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Shoreline master program
Attached is a listing of the main agenda subjects that have considered by the Planning
Commission over the last 15 months (Attachment A). Some of the listed subjects are items
that are re-occurring, such as the annual comprehensive plan amendments for housekeeping
changes. Other items that are considered by the Planning Commission happen on a less
frequent but re-occurring basis such as 8-year periodic update of the shoreline Master
Program. Besides these city-initiated subjects, the Planning Commission also considers
applications for comprehensive plan or development code changes that are submitted to the
city. At the end of the Attachment also lists some future topics that will be considered by the
Planning Commission (Attachment A).
Other topics of mutual interest or questions for potential discussion may include:
The City’s adopted Comprehensive Plan contains the following chapters or elements:
1. Land Use – Volume 1
Housing – Volume 2
Capital Facilities – Volume 3
Private Utilities – Volume 4
Transportation – Volume 5
Economic Development – Volume 6
Parks, Recreation, & Open Space – Volume 7
Implementation actions related to each of these chapters is found in the introductory
“Core Plan” volume. What are the priorities for implementation related to these topics?
2. What are challenges that each governing body sees facing the City of Auburn
community and how do these relate to land use regulations or needed land use
regulation?
3. What topics generate the most concern or comments from members of the public who
comment to individuals of each body?
4. The WA State legislature recently concluded their legislative session and land use
subjects and regulations were prominently featured. Some of the topics addressed by
the proposed laws included:
Accessory dwelling units (ADU’s) – Died but ESSB 5812 would have
encouraged local governments to increase the availability of affordable housing by
subsidizing accessory dwelling units with local sales tax revenue. It also would
have required the state building code council to adopt rules pertaining to
accessory dwelling units, required limits on ability to set minimum gross floor area
of ADU’s, and prohibited local ordinance impact fees for ADU’s that are greater
Page 99 of 156
than fifty percent of a single-family residence.
Residential density standards – Passed ESSHB 1923 states that if a city
adopts or amends ordinances or development regulations to increase residential
building capacity under the new law, those changes are not subject to legal
challenges under the Growth Management Act.
T iny homes – Died but SB5384 would have allowed counties to establish a
process to authorize tiny house communities outside of urban growth areas or
limited areas of more intense rural development if the county finds that there is a
shortage of affordable housing within a “reasonable distance from urban
services.”
As staff evaluates the effect of these legislative changes and addresses as necessary,
do the Planning Commission members or City Council members have concerns on
these or other topics that should be considered?
Rev iewed by Council Committees:
Councilmember:DaCorsi Staff:
Meeting Date:May 13, 2019 Item Number:
Page 100 of 156
Page 1 2018-19 PC agenda topic listing
Past Planning Commission Agenda Items by Month
January 2018 through April 2019
January 3, 2018:
• Meeting cancelled
February 6, 2018:
• Public hearing on city-initiated rezones in response to the Annual
Comprehensive Plan Amendments
• Election of Planning Commission Officers
• Modification of Planning Commission Rules of Procedure
March 6, 2018:
• Meeting cancelled
April 3, 2018:
• Community Development Division presentation from City's Civics Academy
• Planning Commission Rules of Procedure discussion
May 8, 2018:
• Meeting cancelled
June 5, 2018:
• Initial discussion of code changes for new definition for Nexus Youth & Families.
• Planning Commission Rules of Procedure.
July 17, 2018:
• Continue discussion of code changes for new definition for Nexus Youth &
Families.
• Introduction discussion of 2018 Annual Comprehensive Plan amendments.
• Introductory discussion of process of periodic amendment to 2009 Shoreline
Management Program.
• Planning Commission Rules of Procedure.
August 21, 2018:
• Public hearing cancelled due to lack of a quorum
September 5, 2018:
• Rescheduled Public hearing on of code changes for new definition for Nexus
Youth & Families.
• Continued introduction of periodic amendment to 2009 Shoreline Management
Program.
• Legal presentation on Open Public Meetings Act and Public Records Act
Page 101 of 156
Page 2 2018-19 PC agenda topic listing
October 2, 2018:
• Continued discussion of state-required and city introduced changes as part of
the periodic amendment to 2009 Shoreline Management Program
• Continued discussion of city-initiated text and map changes as part of 2018
Annual Comprehensive Plan Amendments
October 16, 2018:
• Continued discussion of state-required and city introduced changes as part of
the periodic amendment to 2009 Shoreline Management Program
• Continued discussion of city-initiated text and map changes as part of 2018
Annual Comprehensive Plan Amendments
o Special Planning Areas policies
o Ten–year economic development plan policies
o Historic preservation policies
November 7, 2018:
• Public Hearing on 2018 Annual Comprehensive Plan Amendments
January 23, 2019:
• Election of Planning Commission officers
• Introductory discussion of Emergency Wireless Communication Facility code
amendment (PSERN).
• Modification of Planning Commission Rules of Procedure
February 5, 2019:
• Continued discussion of Emergency Wireless Communication Facility code
amendment (PSERN).
• Modification of Planning Commission Rules of Procedure
March 5, 2019
• Continued discussion of Emergency Wireless Communication Facility code
amendment (PSERN).
• Adoption of modifications Planning Commission Rules of Procedure
April 2, 2019:
• Public Hearing on Emergency Wireless Communication Facility code amendment
(PSERN).
• Discuss joint meeting of Planning Commission & City Council for May 13th.
Page 102 of 156
Page 3 2018-19 PC agenda topic listing
Future Planning Commission Agenda Items
• Shoreline Management Program state-required periodic update (2019)
• Critical areas code update (associated with Shoreline Management Program
update)(2019)
o Wetlands
delineation methodology
Wetland buffer standards
o Streams/rivers
Classification system
Buffer standards
o Aquifer Recharge/Well head protection
Address protection of private well sites
• Floodplain regulation code update in response to FEMA adoption of new maps (Timing
is dependent on FEMA timing)
• 2019 Annual Comprehensive Plan text & map amendments (city-initiated and privately
submitted)(2019)
o Auburn school district has inquired about submitting an application
• Code change to C-4, Mixed Use Commercial zone to accommodate horizontal mixed use
from current vertical mixed use in response to a private application.
• Code change to enact rezoning (zoning map change) criteria (timeframe unspecified)
• Miscellaneous city-initiated zoning code updates that are clean up actions (timeframe
unspecified)
Page 103 of 156
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Vacation #V1-18 (Gaub)
Date:
May 6, 2019
Department:
Public Works
Attachments:
Staff Report
Vicinity Map
Vacation Exhibits A-D
Dedication Exhibits A & B
Cemetery Mas ter Plan
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Discussion of the Right-of-Way Vacation #V1-18 for Mountain View Cemetery.
Background Summary:
The City of Auburn has determined that a 60 foot wide section of unopened right-of-way in the
vicinity SE 328th Street, between 58th Avenue South and 60th Avenue South, and a 30 foot
wide section of unopened right-of-way in the vicinity of 60th Avenue South north of SE 328th
Street could be vacated to further the City’s master plan for Mountain View Cemetery.
The right-of-way was dedicated to the public for street purposes with the West Auburn Five
Acre Tracts on March 28th, 1907. 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 as it is currently configured does not meet the needs of
the City and could be vacated. This review has also determined that while the current
configuration does not meet the needs of the City and an east/west alignment between 58th
Avenue South and 60th Avenue South may still be needed to meet future connection and
transportation needs in the area, that alignment could be moved to the north edge of Mountain
View Cemetery’s northern most parcel, No. 9262800285. This would require dedication of a
60 foot wide section of right-of-way under a separate action and Resolution and is proposed
as a condition of the vacation.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 13, 2019 Item Number:
Page 104 of 156
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5/6/2019
V1-18 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V1-18
Applicant: City Initiated
Property Location: Rights-of-Way located in the vicinity of the 60 foot Right-of-Way of SE 328th Street
between 58th Ave South and 60th Avenue South and a portion of the 30 foot Right-
of-Way of 60th Avenue South north of SE 328th Street.
Description of right-of-way:
This ROW proposed for vacation consists of a the 60 foot Right-of-Way of SE 328th Street between 58th Avenue
South and 60th Avenue South and a portion of the 30 foot Right-of-Way of 60th Avenue South north of SE 328th
Street. The SE 328th Street portion of ROW is adjacent to Parcel No. 9262800330, 9262800285 and 1421049011
which are owned by the City of Auburn as part of Mountain View Cemetery. The 60th Avenue South portion of
ROW is adjacent to parcel No. 9262800285 and Parcel No. 1421049003 which is privately owned. The total area
of ROW proposed for vacation is 44,501 (+/-) square feet.
All of the ROW was dedicated for public street purposes by the plat of West Auburn Five Acre Tracts under
Recording Number 475327, Volume 15, Page 12 of Plats, records of King County on March 28, 1907. The ROW
is currently unopened.
See Exhibits “A” through “D” for legal descriptions and surveys.
Proposal:
The City proposes to vacate the above described rights-of-way and dedicate a separate 60 foot alignment from
the north side of Cemetery Parcel No. 9262800285 under a separate action and Resolution. This plan is in
keeping with the City’s 2004 master plan for Mountain View Cemetery. This proposal will eliminate the separation
between cemetery parcels and keep an east/west alignment for connection between 58th Avenue South and 60th
Avenue South for any proposed future need in the area.
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 furthers the City’s master plan for Mt. View Cemetery.
• The street vacation decreases the right-of-way maintenance obligation of the City.
• The vacation allows the City to clean-up the parcel lines for the Mt. View Cemetery.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, Lakehaven Water
and Sewer District 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 not appear to be existing PSE electric or gas facilities located
within the proposed right-of-way vacation area.
2. Comcast – Comcast has no objection to the proposed vacation.
Page 106 of 156
2 of 2
5/6/2019
V1-18 Staff Report
3. CenturyLink – CenturyLink currently has underground communications facilities in the portion of SE 328th
Street that is proposed for vacation and will require and easement be reserved.
4. Lakehaven Water and Sewer District – Lakehaven has no comment on the proposed ROW vacation, as
based on the submittal it appears no existing and/or future Lakehaven water system facilities will be
required, desired, or affected by the proposed land use action.
5. Parks – The Parks Department supports of the vacation as it furthers the City’s master plan for Mountain
View Cemetery.
6. Water – No comments.
7. Sewer – No comments.
8. Storm –No comments.
9. Transportation – Transportation supports the vacation with the condition that an equivalent east/west
alignment be dedicated from Mountain View Cemetery’s northern most parcel between 58th Avenue South
and 60th Avenue South to accommodate any future transportation needs in the area.
10. Planning – No comments.
11. Fire – No comments.
12. Police – No comments.
13. Streets – No comments.
14. Construction –No comments.
15. 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. The City shall dedicate a separate 60 foot alignment from the north boundary of Cemetery Parcel No.
9262800285 under a separate action and Resolution.
2. A public utility easement shall be reserved for CenturyLink Communications facilities along the entire
length and width of the portion of vacated ROW of South 328th Street.
Page 107 of 156
333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet333.3166.70
1:2,000
ROW Vacation #V1-18 Vicinity Map
1in =167 ft
4/11/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 108 of 156
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
1:8,000
ROW Vacation #V1-18 Vicinity Map 2
1in =667 ft
4/11/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 109 of 156
Page 110 of 156
Page 111 of 156
Page 112 of 156
Page 113 of 156
Page 114 of 156
Page 115 of 156
Page 116 of 156
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6717 (Gaub)
Date:
May 6, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6717
Exhibits A & B
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to discuss Draft Ordinance No. 6717 for Right-of-Way Vacation No. V3-18.
Background Summary:
Pacific Realty Associates, LP has applied to the City for vacation of the right-of-way of a
portion of B Street SE, south of 2nd Street SE, described in Exhibit “A” and shown on Exhibit
“B”. The applicant currently owns adjacent parcels #0019000056 and is proposing to
incorporate the right-of-way into adjacent property which will clean up the parcel and right-of-
way lines.
The right-of-way proposed for vacation was Quit Claim Deeded to the City for street purposes
on July 9, 1964.
The application has been reviewed by City staff and utility purveyors who have an interest in
this right-of-way. Through this review City staff has determined that the right of way is no
longer necessary to meet the needs of the City and could be vacated.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 13, 2019 Item Number:
Page 117 of 156
- - - - - - - - - - - - - - - - -
Draft Ordinance No. 6717
ROW Vacation V3-18
April 10, 2019
Page 1 of 3
ORDINANCE NO. 6717
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF A
PORTION OF B STREET SE, SOUTH OF 2ND STREET SE,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington (“City”), received a petition signed by at
least two-thirds (2/3) of the owners of property adjacent to right-of-way located at a portion
of B Street SE, south of 2nd Street SE, within the City of Auburn, requesting vacation of the
same; and,
WHEREAS, the City Council of the City of Auburn, Washington (“City Council”), has,
reviewed the need for streets and right-of-ways in the vicinity of the right-of-way, determined
that consideration should be given to the vacation of the same; and,
WHEREAS, in conformity with Chapter 12.48 of the Auburn City Code, a public
hearing was held in connection with the possible vacation, with notice having been provided
pursuant to statute; and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 3rd day of June, 2019, at the Auburn City
Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation. That the right of way located at a portion of B Street SE,
south of 2nd Street SE located within the City of Auburn, Washington, legally described as
Page 118 of 156
- - - - - - - - - - - - - - - - -
Draft Ordinance No. 6717
ROW Vacation V3-18
April 10, 2019
Page 2 of 3
follows:
That portion of “B” Street Southeast as dedicated for street
purposes per Quit Claim Deed recorded under Recording
Number 5764366 and as depicted on Record of Survey
recorded under Recording Number 20131104900005 in King
County, Washington, described as follows:
The east 7 feet of the north 20 feet of lot 3, block 2, of Abraham’s
Park Addition to the City of Auburn, recorded in Volume 27 of
Plats, Page 26, in King County, Washington.
Containing 140 square feet, more or less.
Situate in the City of Auburn, King County, Washington.
[Also identified as Exhibit “A”.]
and shown on the survey, a copy of which is attached, marked Exhibit “B”, the same is
vacated and the property lying in the portions of right-of-way described, shall inure and
belong to those persons entitled to receive the property in accordance with RCW 35.79.040.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this location.
Section 4. Effective Date. This Ordinance will 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.
Page 119 of 156
- - - - - - - - - - - - - - - - -
Draft Ordinance No. 6717
ROW Vacation V3-18
April 10, 2019
Page 3 of 3
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
__________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
PUBLISHED: _______________
Page 120 of 156
Page 121 of 156
Page 122 of 156
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5/6/2019
V3-18 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V3-18
Applicant: Pacific Realty Associates, LP
Property Location: Right-of-Way located at B Street SE, south of 2nd Street SE.
Description of right-of-way:
This ROW proposed for vacation consists of portions of the ROW of B Street SE, south
of 2nd Street SE where the ROW lines jog. The proposed ROW is adjacent to Parcel
No. 0019000056, Parcel No. 0019000025, and City right-of-way. Parcel No.
0019000056 is owned by the applicant and Parcel No. 0019000025 is owned by a
private citizen. The total proposed area of ROW for vacation is approximately 140±
square feet.
The ROW proposed for vacation was Quit Claim Deeded to the City of Auburn for street
purposes on July 9, 1964.
See Exhibits “A” and “B” for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way to
eliminate the jogs in the parcel and right-of-way lines.
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 vacated area may be subject to property taxes.
• The street vacation decreases the Right-of-Way maintenance obligation of the
City.
Page 123 of 156
2 of 3
5/6/2019
V3-18 Staff Report
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast,
CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE has no facilities located within the area and
therefore has no objection to the vacation and no need for any easement
reservation.
2. Comcast – Comcast will not be affected by this vacation and does not oppose it.
3. CenturyLink – CenturyLink has reviewed the request for the subject vacation and
had determined that it has no objections with respect to the areas proposed for
vacation.
4. Water – There are no City water facilities in the area of right-of-way.
5. Sewer – No comments on Auburn Sewer.
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.”
RCW 35.79.030 states the vacation “shall not become effective until the owners of
property abutting upon the street or alley, or part thereof so vacated, shall compensate
such city or town in an amount which does not exceed one-half the appraised value of
the area so vacated. If the street or alley has been part of a dedicated public right-of-
way for twenty-five years or more, or if the subject property or portions thereof were
acquired at public expense, the city or town may require the owners of the property
Page 124 of 156
3 of 3
5/6/2019
V3-18 Staff Report
abutting the street or alley to compensate the city or town in an amount that does not
exceed the full appraised value of the area vacated.”
The value of the right-of-way was determined to be $1,972.00 based on adjacent land
values so an appraisal was not required.
Recommendation:
Staff recommends that the street vacation be granted with no conditions and that
compensation not be required as the right-of-way was acquired through Quit Claim
Deed at no cost to the City.
Page 125 of 156
166.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet166.783.30
1:1,000
ROW Vacation #V3-18 B Street SE
1in =83 ft
4/9/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 126 of 156
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6715 (Gaub)
Date:
May 6, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6715 Franchise Agreement
No. 19-09
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Discussion of Draft Ordinance No. 6715 for Fatbeam, LLC Franchise Agreement No. 19-09
Background Summary:
Fatbeam, LLC has applied for a Franchise Agreement to be able to construct within the City’s
right(s)-of-way, a fiber optic telecommunications network. Fatbeam, LLC wants to provide
telecommunications, telephone service, internet access and wide area network connectivity to
education, government, hospitals and other enterprise level customers. They do not provide
residential services.
The initial proposed build-out includes overhead installations on existing utility poles wherever
possible, with underground installation being utilized, if necessary. The applicant is
requesting the entire City as the proposed franchise area so that they can connect all of their
current customer’s facilities together. Exact locations, plans, engineering and construction
schedules would be reviewed, approved and managed through the City’s permitting
processes that are a requirement of the Franchise Agreement.
A Public Hearing to consider this application and hear public comment is scheduled before
the City Council on May 20, 2019 in accordance with Auburn City Code Chapter 20.06.030.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 13, 2019 Item Number:
Page 127 of 156
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 1 of 15
ORDINANCE NO. 6715
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
FATBEAM, LLC, A WASHINGTON LIMITED
LIABILITY COMPANY, A FRANCHISE FOR
TELECOMMUNICATIONS AND RELATED
SERVICES
WHEREAS, Fatbeam, LLC, a Washington limited liability company
(“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive Franchise
for the right of entry, use, and occupation of certain public right(s)-of-way within
the City, to install, construct, erect, operate, maintain, repair, relocate and remove
its facilities in, on, over, under, along or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise; and
WHEREAS, based on the information presented at the public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City and its inhabitants to grant the franchise to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use; Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise
Area, located within the incorporated area of the City. Grantee may locate the
Grantee’s Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Grantee’s
Facilities to provide Grantee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee’s Facilities and Grantee’s Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Grantee’s Facilities and Grantee’s Services, on public or private property
elsewhere within the City.
Page 128 of 156
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 2 of 15
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, rights-of-way, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Grantee acknowledges its use of the Franchise Area will have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee’s Facilities, the City will reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee’s Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area will at all times be
subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties will be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Page 129 of 156
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 3 of 15
Grantee: Fatbeam, LLC
2065 W Riverstone Drive, Suite 105
Coeur d’Alene, ID 83814
Phone: 509-344-1008
E-Mail: regulatory@Fatbeam.com
B. Any changes to the contact information will be sent to the City’s
Right-of-Way Specialist, Public Works Department – Transportation Division, with
copies to the City Clerk, referencing the title of this Agreement.
C. The above-stated Grantee voice and fax telephone numbers will be
staffed at least during normal business hours, Pacific time zone. The City may
contact Grantee at the following number for emergency or other needs outside of
normal business hours of the Grantees: (855) 979-8844
Section 3. Term of Agreement
A. This Franchise will run for a period of five (5) years, from the date of
execution.
B. Renewal Option of Term: The Grantee may renew this Franchise for
an additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-
current term). Any materials submitted by the Grantee for a previous application
may be considered by the City in reviewing a current application, and the Grantee
will only submit those materials deemed necessary by the City to address changes
in the Grantee’s Facilities or Grantee’s Services, or to reflect specific reporting
periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this Agreement:
A. “ACC” means the Auburn City Code.
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March 5, 2019
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B. "Emergency" means a condition of imminent danger to the health,
safety and welfare of persons or property located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots, acts of terrorism or wars.
C. “Franchise Area” means all present and future Rights-of-Way as
defined in Section 4.H., within the City Limits as they currently exist or as amended
in the future.
D. “Grantee’s Facilities” means Grantee’s fiber optic and broadband
communications services constructed and operated within the City’s Rights-of-
Way, and shall include all cables, wires, conduits, ducts, pedestals and any
associated converter, equipment or other facilities within the City’s Rights-of-Way,
designed and constructed for the purpose of providing Telecommunications
Service and other lawful services not prohibited by this Ordinance.
E. “Grantee’s Services” means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Grantee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable. Grantee’s Services shall also include non-switched,
dedicated and private line, high capacity fiber optic transmission services to firms,
businesses or institutions within the City and other lawful services not prohibited
by this Ordinance. However, Grantee’s Services shall not include the provision of
“cable services”, as defined by 47 U.S.C. §522, as amended, for which a separate
franchise would be required.
F. “Maintenance” or “Maintain” means examining, testing, inspecting,
repairing, maintaining, restoring, and replacing the existing Grantee’s Facilities or
any part thereof as required and necessary for safe operation.
G. “Relocation” means permanent movement of Grantee facilities
required by the City, and not temporary or incidental movement of such facilities,
or other revisions Grantee would accomplish and charge to third parties without
regard to municipal request. Relocation shall conform to the meanings and
requirements of Chapter 35.99 RCW.
H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks,
easements, rights-of-ways and similar public properties and areas.
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March 5, 2019
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Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Grantee files with the
City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarantees
specified in Section 16, and (4) payment of any outstanding application fees
required in the City Fee Schedule. These four items will collectively be the
“Franchise Acceptance”. The date that such Franchise Acceptance is filed with
the City Clerk will be the effective date of this Franchise.
B. If the Grantee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee will apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done within the City.
Grantee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee’s Facilities will be installed within the public right-of-way and may require
the removal, relocation or replacement thereof in the public interest and safety at
the expense of the Grantee as provided for in Chapter 35.99 RCW
D. Before beginning any work within the public right-of-way, the Grantee
will comply with the One Number Locator provisions of Chapter 19.122 RCW to
identify existing utility infrastructure.
E. Tree Trimming. Grantee will have the authority to reasonably trim
vegetation on and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in physical
contact with the Grantee’s Facilities. Grantee must get written approval from the
City before trimming vegetation in or over the ROW. Grantee will be responsible
for debris removal from trimming activities. If debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove the debris and charge Grantee for the cost of removal. This section does
not grant automatic authority to clear vegetation for purposes of providing a clear
path for radio signals. Any general vegetation clearing will require a permit.
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Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence repair and
emergency response work as required under the circumstances. The Grantee will
notify the City telephonically during normal business hours (at 253-931-3010) and
during non-business hours (at 253-876-1985) as promptly as possible, before such
repair or emergency work commences, and in writing as soon thereafter as
possible. The City may commence emergency response work, at any time,
without prior written notice to the Grantee, but will notify the Grantee in writing as
promptly as possible under the circumstances. Grantee will reimburse the City for
the City’s actual cost of performing emergency response work.
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-party,
Grantee will restore, at its own cost and expense, the property to a safe condition.
All repair work will be performed and completed to the satisfaction of the City
Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee’s Facilities under this Franchise will have preference as to positioning and
location with respect to the Grantee’s Facilities. However, to the extent that the
Grantee’s Facilities are completed and installed before another utility’s submittal
of a permit for new or additional structures, equipment, appurtenances or tangible
property, then the Grantee’s Facilities will have priority. These rules governing
preference will continue when relocating or changing the grade of any City road or
right-of-way. A relocating utility will not cause the relocation of another utility that
otherwise would not require relocation. This Section will not apply to any City
facilities or utilities that may in the future require the relocation of Grantee’s
Facilities. Such relocations will be governed by Section 11 and Chapter 35.99
RCW .
B. Grantee will maintain a minimum underground horizontal separation
of five (5) feet from City water, sanitary sewer and storm sewer facilities and ten
(10) feet from above-ground City water facilities; provided, that for development of
new areas, the City, in consultation with Grantee and other utility purveyors or
authorized users of the Public Way, will develop guidelines and procedures for
determining specific utility locations.
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Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. This information will
include, at a minimum, as-built drawings of Grantee’s Facilities, installation
inventory, and maps and plans showing the location of existing or planned facilities
within the City. This information may be requested either in hard copy or electronic
format, compatible with the City’s data base system, including the City’s
Geographic Information System (GIS) data base. Grantee will keep the City
Engineering Aide informed of its long-range plans for coordination with the City’s
long-range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Accordingly,
the City agrees to notify the Grantee of requests for public records related to the
Grantee, and to give the Grantee ten (10) business days to obtain an injunction to
prohibit the City’s release of records.
Grantee will indemnify and hold harmless the City for any loss or liability for
fines, penalties, and costs (including attorney’s fees) imposed by an administrative
or judicial authority on the City because of non-disclosures requested by Grantee
under Washington’s public records act, provided the City has notified Grantee of
the pending request.
Section 11. Relocation of Grantee’s Facilities
A. Except as otherwise so required by law, Grantee agrees to relocate,
remove, or reroute its facilities as ordered by the City Engineer at no expense or
liability to the City, except as may be required by Chapter 35.99 RCW . Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other losses
in connection with any such change, relocation, abandonment, or vacation of the
Pubic Way.
B. If a readjustment or relocation of the Grantee’s Facilities is
necessitated by a request from a party other than the City, that party will pay the
Grantee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Grantee’s Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of any portion of the Grantee’s Facilities, the Grantee will, at the
City’s discretion, either abandon in place or remove the affected facilities.
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B. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee will underground the Grantee’s Facilities in the
manner specified by the City Engineer at no expense or liability to the City, except
as may be required by RCW Chapter 35.99. Where other utilities are present and
involved in the undergrounding project, Grantee will only be required to pay its fair
share of common costs borne by all utilities, in addition to the costs specifically
attributable to the undergrounding of Grantee’s Facilities. Common costs will
include necessary costs for common trenching and utility vaults. Fair share will be
determined in comparison to the total number and size of all other utility facilities
being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee will defend, indemnify, and hold the City and its officers,
officials, agents, employees, and volunteers harmless from any and all costs,
claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent those costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence or willful misconduct
of the City. Should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Grantee and the City, its officers, officials, employees,
and volunteers, the Grantee’s liability hereunder shall be only to the extent of the
Grantee’s negligence.
B. The Grantee will hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee’s Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence or willful
misconduct of the City, or its agent performing such work.
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C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, will make such arrangements as Grantee deems fit for the provision
of such services. The Grantee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee for the City’s failure
or inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee will indemnify the City against any and all third-party costs, claims,
injuries, damages, losses, suits, or liabilities based on the City’s failure or inability
to provide such services.
D. Acceptance by the City of any work performed by the Grantee will
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section will survive the expiration or termination of this Agreement.
Section 15. Insurance
A. The Grantee will procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its agents, representatives, or employees in the following amounts
and types:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for bodily
injury and property damage of $1,000,000.00 per accident. Coverage will be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy will be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $2,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products-completed operations aggregate limit. Coverage will be
written on ISO occurrence form CG 00 01 and will cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury and advertising injury and liability assumed
under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
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11 85. There will be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse, or underground
property damage. The City will be named as an additional insured under the
Grantee’s Commercial General Liability insurance policy with respect to the work
performed under this Franchise using ISO Additional Insured Endorsement CG 20
10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37
10 01 or substitute endorsements providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability, and Commercial
General Liability insurance:
1. The Grantee’s insurance coverage will be primary insurance
as respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City will be in excess of the Grantee’s insurance and will not
contribute with it.
2. The Grantee’s insurance will be endorsed to state that
coverage will not be cancelled by either party except after thirty (30) days’ prior
written notice by certified mail, return receipt requested, has been given to the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee will furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee will have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
will not be construed to limit the liability of Grantee to the coverage provided by
that insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
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Section 16. Performance Security
The Grantee will provide the City with a financial guarantee in the amount of Fifty
Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. If Grantee fails to
substantially comply with any one or more of the provisions of this Franchise, the
City may recover jointly and severally from the principal and any surety of that
financial guarantee any damages suffered by City as a result of Grantee’s failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Grantee specifically agrees that its failure to comply
with the terms of Section 19 will constitute damage to the City in the monetary
amount set forth in that section. Any financial guarantee will not be construed to
limit the Grantee’s liability to the guarantee amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Grantee, and all rights and privileges, as well as all
obligations and liabilities of the Grantee will inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance, which such consent will
not be unreasonably withheld.
C. Grantee and any proposed assignee or transferee will provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which will be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Before the City’s consideration of a request by Grantee to consent to
a Franchise assignment or transfer, the proposed Assignee or Transferee will file
with the City a written promise to unconditionally accept all terms of the Franchise,
effective upon transfer or assignment of the Franchise. The City is under no
obligation to undertake any investigation of the transferor’s state of compliance
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and failure of the City to insist on full compliance before transfer does not waive
any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Franchise, the dispute will first be referred to the operational officers
or representatives designated by Grantor and Grantee to have oversight over the
administration of this Franchise. The officers or representatives will meet within
thirty (30) calendar days of either party's request for a meeting, whichever request
is first, and the parties will make a good faith effort to achieve a resolution of the
dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any action
will be entitled to its attorneys’ fees and costs.
Section 19. Enforcement and Remedies
A. If the Grantee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Grantee under the provisions of this agreement,
the City may, at its discretion, provide Grantee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Grantee’s submittal of a plan to cure the breach
within the specified period, commencement of work within the original thirty day
cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Grantee does not comply with the specified
conditions, the City may, at its discretion, either (1) revoke the Franchise with no
further notification, or (2) impose liquidated damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 16 for every
day after the expiration of the cure period that the breach is not cured.
B. If the City determines that Grantee is acting beyond the scope of
permission granted in this Franchise for Grantee’s Facilities and Grantee’s
Services, the City reserves the right to cancel this Franchise and require the
Grantee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Grantee’s actions
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are not allowed under applicable federal and state or City laws, to compel Grantee
to cease those actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee will comply with, all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Grantee
will be subject to the police power of the City to adopt and enforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Grantee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Grantee makes a written call for
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Grantee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise on thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise will not exempt the Grantee from any future license, tax, or
charge which the City may adopt under authority granted to it under state or federal
law for revenue or as reimbursement for use and occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event will
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
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Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 24. Titles
The section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance will take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _______________
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EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Fatbeam, LLC, for itself, its successors and assigns, hereby accepts and agrees
to be bound by all lawful terms, conditions and provisions of the Franchise attached
hereto and incorporated herein by this reference.
Fatbeam, LLC
2065 W Riverstone Drive, Suite 105
Coeur d’Alene, ID 83814
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2019, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Projects Status Report (Gaub)
Date:
May 7, 2019
Department:
Public Works
Attachments:
Capital Project Status Report
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
The purpose of this discussion is to inform the Council and Public of the overall status of the
City’s Capital Project program managed by the Engineering Services Division and to present
this quarter’s feature capital project, the 2019 Sewer Repair & Replacement project (Project
No. CP1805). This project will rehabilitate four large sections of 8 inch diameter sanitary
sewer pipe by utilizing an Ultra-Violet (UV) Cured, Cured in Place Pipe (CIPP) construction
method. It is anticipated this project will begin construction in the summer of 2019.
The Capital Project Group of Engineering Services is currently managing 32 projects, totaling
approximately $43 million in total project costs. Of these projects, 20 are in the design phase
and 12 are in some form of the construction phase. 1 Project is currently advertising for
construction bids and within the next 2 months, it is expected that an additional 6 projects that
are currently in design are expected to enter the construction phase.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 13, 2019 Item Number:
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CP1605 This project constructs a concrete plaza area, trail, and
lighting at the Les Gove Community Campus.
$811,542
(Parks)
$111,705
(Grant)
$923,247 $915,010 100%100%QTR 1
(JAN-
MAR)
Jacob
Sweeting
Final pay processed on January 23, 2019. Project closeout underway. Berger
Group
Les Gove Lighted Crescent HB Hansen
18
QTR 1
(JAN-
MAR)
19
CP1709 This project will design and construct a seismic control
valve on the City's largest reservoir.
$99,946
(Water)
$509,017
(Federal)
$663,963 $663,963 100%65%QTR 2
(APR-
JUN)
Jai Carter Construction is underway. Preparing to install the seismic valve. Electrical work underway,
and second shutdown to occur on May 2nd to install the valve.
ParametrixReservoir 1 Seismic Control Valve RL Alia
18
QTR 4
(OCT-
DEC)
19
CP1707 This purpose of this project is to design for and improve
traffic signal timing and operations, corridor coordination,
traffic signal head visibility, and pedestrian accessibility
along the A St SE Corridor between 3rd St SE and East
valley Highway Access Road.
$111,400
(Street)
$458,500
(Federal)
$569,900 $569,900 100%100%QTR 2
(APR-
JUN)
Kim Truong Physical completion issued on March 14, 2019. Final pay in process.PH
Consulting,
LLC & DKS
Associates
A St SE Corridor Signal Safety & Operations
Improvements
Titan
Earthwork
18
QTR 4
(OCT-
DEC)
19
CP1718 The purpose of the project is to rehabilitate and preserve
the existing pavement on S 277th between Auburn Way
North and the SR167 North Bound Off Ramp.
$702,380
(Streets)
$662,380
(Federal)
$1,364,760 $1,364,760 100%98%QTR 2
(APR-
JUN)
Luis Barba Substantial Completion was granted on December 31, 2018. Contractor is currently
addressing punch list items that were identified in final inspection.
N/AS 277th Street Preservation Project Miles
Resources,
LLC
18
QTR 3
(JUL-
SEP)
19
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
CONSTRUCTIONProject Status:
Generated by eGIS:4/29/2019 Page 1 of 10
Page 144 of 156
CP1804 The purpose of the project is to construct two missing
sections of sidewalk, construct ADA improvements,
construct a Rectangular Rapid Flashing Beacon (RRFB) at
the intersection of Auburn Avenue and 5th Street NE, and
install LED lighting along Auburn Way North between E
Main St and 5th St NE
$247,750
(Streets)
$76,000
(Storm)
$263,250 (TIB)$587,000 $586,718 100%0%QTR 3
(JUL-
SEP)
Luis Barba Project was awarded to the lowest bidder, Rino Construction, on April 1, 2019.
Construction began on April 29, 2019.
N/AAWN Sidewalk Improvement Project Rino
Constructio
n
19
QTR 2
(APR-
JUN)
19
CP1218 This project will construct corridor improvements to AWS
between Muckleshoot Plaza and Dogwood Street SE.
Improvements include designated U-turns, access
management, driveway consolidation, addition of a 2nd left
turn lane from eastbound AWS into the MIT Casino, bus
pull-outs, medians, signal improvements, and sidewalks.
$1,295,798
(Streets)
$1,152,309
(Water)
$2,333,108
(Federal)
$466,191
(WSDOT)
$31,381
(Other
Reimbursemen
ts)
$5,278,787 $5,031,746 100%100%QTR 1
(JAN-
MAR)
Matt Larson Final pay processed on April 1, 2019. Project Closeout underway. Budget and total
estimated costs were updated to reflect project actual costs.
CH2MAuburn Way South Corridor Safety (Muckleshoot Plaza
to Dogwood St SE)
Miles
Resources
17
QTR 1
(JAN-
MAR)
19
C222A This project will complete the widening of S 277th from the
intersection of Auburn Way North to L Street NE, including
the construction of a pedestrian trail and relocation of the
floodway along S 277th.
$1,591,162
(Streets)
$134,683
(Water)
$1,020,700
(Federal)
$2,300,000
(Developer)
$3,933,990
(TIB)
$8,974,579 $8,808,059 100%100%QTR 4
(OCT-
DEC)
Kim Truong Final pay processed on November 20, 2018. Project closeout underway.ParametrixS 277th-Auburn Way N to Green River Bridge Scarsella
Bros.
16
QTR 2
(APR-
JUN)
18
CP1502 This project will improve the safety at the intersection by
installing a traffic signal, improving ADA ramps, widening
the northeast corner of the intersection to accommodate
U-turns, and pavement restoration.
$236,666
(Streets)
$792,260
(Federal)
$1,025,306 $1,004,321 100%85%QTR 2
(APR-
JUN)
Luis Barba Contract was suspended for weather. Work resumed on April 29, 2019.KPG37th St SE and A St Traffic Signal Road
Constructio
n Northwest
17
QTR 4
(OCT-
DEC)
19
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
CONSTRUCTIONProject Status:
Generated by eGIS:4/29/2019 Page 2 of 10
Page 145 of 156
CP1312 This project will replace and/or repair aging and damaged
storm lines throughout the City.
$1,243,797
(Storm)
$595,650
(Water)
$46,097
(Street)
$3,000
(Arterial
Street)
$1,888,544 $1,681,051 100%100%QTR 1
(JAN-
MAR)
Seth
Wickstrom
Final pay processed on January 25, 2019. Project closeout underway.N/AStorm Repair & Replacement Rodarte
18
QTR 2
(APR-
JUN)
19
CP1513 This project will construct a round-a-bout and complete the
design of intersection bicycle and pedestrian safety
improvements at 22nd St NE and I St NE.
$318,002
(Streets)
$34,881
(Sewer)
$326,356
(Water)
$200,000
(State Grant)
$940,000
(Federal Grant)
$1,819,239 $1,661,729 100%100%QTR 4
(OCT-
DEC)
Seth
Wickstrom
Final pay processed on November 20, 2018. Project closeout underway.Reid
Middleton
22nd St NE and I St NE Intersection Improvements DPK, Inc.
17
QTR 3
(JUL-
SEP)
18
CP1521 This project will rehabilitate and preserve the existing
pavement in the 15th Street NW/NE and Harvey Road SE
corridor between State Route 167 and 8th Street NE.
Furthermore, grind and overlay 15th Street NW/NE from
State Route 167 to Auburn Way N., and grind and overlay
Harvey Road NE from Auburn Way N to 8th Street NE.
$2,236,500
(Streets)
$65,000
(Storm)
$50,000
(Sewer)
$815,000
(Federal)
$3,166,500 $3,146,200 100%95%QTR 1
(JAN-
MAR)
Kim Truong Contract is currently in suspension awaiting PSE to replace an electrical vault lid prior to
completing the remaining traffic signal work and striping. Work is expected to resume in
early May 2019.
Parametrix
(partial)
15th Street NE/NW Preservation Project ICON
Materials
18
QTR 2
(APR-
JUN)
19
CP1717 This project will reconstruct/overlay selected local streets,
improve City owned utilities, and rebuild curb ramps to
meet ADA standards. The work at each location varies and
may include water, sanitary sewer, and storm drainage
improvements as needed for each project street.
Improvements are proposed at the following locations: 17th
Street NE between Auburn Way N and I St NE; K Street NE
between 12th St NE and 14th St NE; 122nd Ave SE south
of SE 316th St; and SE 286th St east of 112th Ave SE.
$1,871,201
(Streets)
$369,598
(Water)
$138,075
(Sewer)
$326,300
(Storm)
$2,705,174 $2,396,768 100%100%QTR 1
(JAN-
MAR)
Matt Larson Final pay processed on February 8, 2019. Project closeout underway.Jacobs
Engineering
2018 Local Streets Pavement Reconstruction Tucci &
Sons
18
QTR 3
(JUL-
SEP)
19
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
CONSTRUCTIONProject Status:
Generated by eGIS:4/29/2019 Page 3 of 10
Page 146 of 156
CP1725 Pavement preservation for Arterial & Local streets. Streets
to be grind & overlayed: Auburn W N - 45th St NE to S
277th St; Terrace Dr - R St NW to W St NW; 8th Street NE -
Auburn W N to M St NE; & R Street SE - E Main St to T St
SE. Streets to be thin overlayed: Vista View in West Hill;
Lea Hill Village in Lea Hill. Street to be patched - Lakeland
Hills W SE - Mill Pond Dr SE to 57th Dr SE. Also to be
addressed limited sidewalk repairs, curb & gutter repairs, &
upgrading 47 curb ramps
$1,700,000
(Arterial
Street)
$850,000
(Local
Street)
$2,550,000 $2,547,638 100%55%QTR 2
(APR-
JUN)
Jai Carter Contract was suspended for weather. Work is anticipated to resume on April 30, 2019.N/A2018 Citywide Patching and Overlay Project Lakeside
Industries
18
QTR 2
(APR-
JUN)
19
CP1825 This project will re-channelize multiple locations throughout
the city. Work will include removal of paint and
thermoplastics. The scope also includes the removal and
installation of traffic signage, thermoplastic symbols and
stop bars, paint, raised pavement markers, and delineators.
$105,000
(Streets)
$105,000 $105,000 100%55%QTR 2
(APR-
JUN)
Aleksey
Koshman
Construction is underway. The 3 priority sites are complete (37th St NE Railroad Crossing;
S 300th St/64th Ave S Intersection; and R St NE/4th St NE Intersection).
N/A2018 Re-Channelization of Multiple Sites Northwest
Traffic, Inc.
18
QTR 4
(OCT-
DEC)
19
CP1815 The project will repair and/or replace damaged sidewalk
and upgrade or install curb ramps to meet ADA
requirements. The project will also build new sidewalk
segments to fill gaps in the pedestrian network.
$298,100
(328 Fund)
$40,000
(Water)
$20,000 (IT)
$146,867
(Federal)
$504,967 $504,967 100%5%QTR 2
(APR-
JUN)
Aleksey
Koshman
Construction is underway. The Contractor is currently working at M Street SE between 33rd
St SE and 37th St SE.
N/A2018 Citywide ADA Sidewalk Project Transportati
on
Systems,
Inc.18
QTR 1
(JAN-
MAR)
19
CP1802 This project will provide back up power and upgrade 2
pumps from fixed speed to variable speed at the existing
Green River Pump Station located at Isaac Evans Park.
$1,415,000
(Water)
$1,415,000 $1,390,947 100%0%QTR 1
(JAN-
MAR)
Luis Barba Contract was awarded to McClure and Son's on April 15, 2019. Construction is anticipated
to begin in May 2019.
BHC
Consultants
Green River Pump Station Emergency Power McCLure
and Son's
19
QTR 2
(APR-
JUN)
19
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
CONSTRUCTIONProject Status:
Generated by eGIS:4/29/2019 Page 4 of 10
Page 147 of 156
CP1416 This project will reconstruct F St SE from 4th St SE to
Auburn Way South, including adding new sidewalks, curb
and gutter, bike lanes, wayfinding signage, street lighting,
streetscape elements, and safety improvements, and will
include bike boulevard components. Some ROW
acquisition is necessary. Some sections of water and
sewer lines will be replaced on F St SE between 4th St SE
and Auburn Way S.
$1,433,979
(Streets)
$350,880
(Water)
$115,663
(Sewer)
$2,520,000
(Federal)
$4,420,552 $4,420,552 90%0%QTR 4
(OCT-
DEC)
Seth
Wickstrom
Design and property acquisition work is underway. City has been awarded a Federal Grant
for construction funding which will be available in 2021.
JacobsF St SE Non-Motorized Improvements TBD
21
QTR 2
(APR-
JUN)
21
CP1516 The purpose of the project is to improve safety and the
ability to accommodate the current and forecast fleet of
multi-engine piston aircraft for both takeoff and
accelerate-stop distances at the Auburn Municipal Airport
by extending both ends of Runway 16/34 to a total length of
3,841 feet of runway.
$124,269
(Airport)
$120,495
(State)
$2,170,253
(Federal)
$2,415,018 $2,405,586 90%0%QTR 4
(OCT-
DEC)
Seth
Wickstrom
Design underway. For property acquisition status see MS1811. Agreement with FAA
reached regarding runway length.
CenturyWe
st
Auburn Municipal Airport Runway Enhancements TBD
19
QTR 3
(JUL-
SEP)
19
CP1603 The project will construct a second, parallel transmission
pipeline over the White River suspended from a new
pedestrian bridge, inspect the existing steel transmission
main for possible leaks and repair the leaks, if any.
$300,000
(DWSRF
Loan)
$1,600,000
(Water)
$1,900,000 $3,300,000 40%0%QTR 1
(JAN-
MAR)
Seth
Wickstrom
Design and environmental permitting are underway. Construction funding for the project is
not yet secured. The City anticipates applying for a Drinking Water State Revolving Fund
Loan to help pay for construction.
Jacobs
Engineering
Coal Creek Springs Transmission Main Repair TBD
22
QTR 2
(APR-
JUN)
22
CP1705 This project will construct the missing gap of sidewalk along
the north side of Auburn Way South between the existing
sidewalk terminations near 17th St SE to the west and
Muckleshoot Plaza to the east. The project length is
approximately 1,700 feet.
$430,000
(Streets)
$400,000 (TIB)$830,000 $830,000 93%0%QTR 3
(JUL-
SEP)
Matt Larson Design Underway; Received verbal approval from WSDOT for preliminary design and
speed reduction. Coordinating with WSDOT for channelization plan review and approval.
N/AAuburn Way South (SR164) Sidewalk Improvements TBD
19
QTR 2
(APR-
JUN)
19
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
DESIGNProject Status:
Generated by eGIS:4/29/2019 Page 5 of 10
Page 148 of 156
CP1719 This project will add telemetry and SCADA capabilities to
the 22nd Street NE and R Street NE Sewer Pump Stations.
$590,956
(Sewer)
$590,956 $590,294 100%0%QTR 3
(JUL-
SEP)
Luis Barba Bid opening held on April 25, 2019. Anticipate awarding to the apparent low bidder at May
6, 2019 City Council meeting.
ParametrixSewer Pump Station Telemetry (SCADA) Improvements Source
Electric
(Pending)
19
QTR 2
(APR-
JUN)
19
CP1724 The purpose of the project is to alleviate significant annual
flooding at the 1000 block of 37th St NW of Auburn,
Washington, by upgrading the drainage system with a box
culvert.
$81,000
(Storm)
$200,000 (KC
Grant)
$291,000 $218,942 20%0%QTR 4
(OCT-
DEC)
Luis Barba Design is underway. Completing storm modeling in support of the design effort.
Coordinating with Ecology, Army Corps, and MIT regarding environmental concerns and
permitting requirements.
N/A37th St NW Flood Control TBD
19
QTR 2
(APR-
JUN)
19
CP1726 Reconstruct selected streets that are in very poor condition,
as well as improve utilities, and rebuild curb ramps to meet
ADA standards. The improvement at each project sites
varies and may include a potential sewer Local
Improvement District, storm drainage and water
improvements. Improvements are proposed at the following
streets: 4th St NE (R St to 4th Pl NE), 4th Pl NE, M St SE
(25th St SE to 28th St SE), 28th St SE (M St SE to R St
SE), O St SE, Pike St SE
$2,625,000
(Streets)
$1,400,000
(Water)
$1,167,000
(Storm)
$5,192,000 $5,192,000 90%0%QTR 4
(OCT-
DEC)
Kim Truong Public open house was held on April 24, 2019. Final design documents being prepared.KPG2019 Local Street Reconstruction TBD
19
QTR 2
(APR-
JUN)
19
CP1812 The purpose of this project is to update the electrical
systems at sewer pump stations throughout the City to
meet current electrical code, improve safety and increase
the efficiency of maintenance.
$641,000
(Sewer)
$641,000 $641,000 0%0%QTR 2
(APR-
JUN)
Luis Barba The design of this project is dependent on the completion of the control panel design
standards for project CP1719-Sewer Pump Station Telemetry Improvements. Once the
design of CP1719 is complete, the design of CP1812 will proceed. The design and
construction start and end dates were updated to reflect this.
TBDSewer Pump Station Electrical Improvements TBD
19
QTR 3
(JUL-
SEP)
20
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
DESIGNProject Status:
Generated by eGIS:4/29/2019 Page 6 of 10
Page 149 of 156
MS1811 Acquire a portion of the King County Park & Ride as part of
the Auburn Airport Runway Enhancement Project (Project
Number CP1516).
$500,000
(Federal Grant)
$55,600
(Airport Fund)
$555,600 $555,600 50%0%QTR 3
(JUL-
SEP)
Seth
Wickstrom
Property appraisal is complete. Preparing for negotiations with King County.N/AAuburn Airport Runway Extension - Property
Acquisition Phase
N/A
19
QTR 2
(APR-
JUN)
19
CP1807 Replace 8 large water meter vaults and 1 large water meter
vault lid.
$1,300,000
(Water)
$1,300,000 $1,300,000 70%0%QTR 4
(OCT-
DEC)
Seth
Wickstrom
Design is underway.N/AWater Meter Vaults and Lids Replacement TBD
19
QTR 3
(JUL-
SEP)
19
CP1805 The project scope has been split into two project phases
due to the costs of the repairs at various sites. The 2019
project will construct a Cured-In-Place Pipe liner at 4
projects sites. The remaining 17 project sites will be
designed in summer 2019 and constructed in 2021 under a
new project.
$1,800,000
(Sewer)
$1,800,000 $1,800,000 100%0%QTR 4
(OCT-
DEC)
Jai Carter Design is underway.BHC, Inc.2019 Sewer Repair and Replacement TBD
19
QTR 2
(APR-
JUN)
19
CP1819 The project proposes to grind, repair, and overlay the
roadway; upgrade non-ADA compliant curb ramps; replace
traffic loops; upgrade pedestrian signal infrastructure as
needed to meet ADA standards; and replace the water main
and applicable appurtenances along the A St. SE corridor
between East Main St. and 17th St. SE. The project will
restore 4.77 lane miles (0.95 CL Miles) of roadway, upgrade
up to 42 curb ramps, and replace approximately 1,000 feet
of water main.
$881,800
(Street)
$530,000
(Water)
$15,000
(Sewer)
$105,000
(Storm)
$881,800
(Federal)
$2,413,600 $2,413,600 95%0%QTR 4
(OCT-
DEC)
Kim Truong Design is complete. Anticipate advertising for bids on May 1, 2019 with the bid opening
scheduled on May 22, 2019.
N/AA Street SE Preservation TBD
19
QTR 2
(APR-
JUN)
19
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
DESIGNProject Status:
Generated by eGIS:4/29/2019 Page 7 of 10
Page 150 of 156
CP1823 The purpose of this project is to replace aging storm
infrastructure to the existing storm drainage system. The
following sites are included in the project: I Street NE at
32nd St NE; 55th Ave S at S 288th St; out fall for Vista View
neighborhood; 29th St SE at K St SE and L St SE; 6th St
NE at River View Dr; 6th St NW at C St NW; Auburn Way
South from Fir St to Hemlock.
$944,000
(Storm)
$944,000 $944,000 80%0%QTR 4
(OCT-
DEC)
Jai Carter Design is underway.Murraysmit
h, Inc. and
Brown &
Caldwell,
Inc.
2018 Storm Repair and Replacement TBD
19
QTR 3
(JUL-
SEP)
19
CP1806 The purpose of the project is to evaluate the Lea Hill Road
Corridor from M St. NE to 124th Ave SE to identify potential
safety, capacity, and operational improvements. The study
may also include analysis of a future roadway connection
from 102nd Ave SE to 104th Ave SE and closing off 102nd
Ave SE at SE 320th St. to create a cul-de-sac.
$200,000
(Street)
$200,000 $200,000 55%N/A Kim Truong Project study analysis work is underway following the public open house held on January
16, 2019. For more information about the project and to see the results of the open house,
visit www.auburnwa.gov/leahillcorridor
SCJ
Alliance
Lea Hill Road Corridor Study N/A
CP1903 This project will grind and overlay Auburn Way N from
approximately 8th Street NE to 22nd Street NE, remove
unused driveways, and upgrade curb ramps and pedestrian
signals as needed to meet ADA requirements.
$738,280
(Street)
$889,720
(Federal)
$1,628,000 $1,628,000 20%0%QTR 3
(JUL-
SEP)
Luis Barba Design is underway.N/AAuburn Way North Preservation Phase 2 TBD
20
QTR 1
(JAN-
MAR)
20
CP1904 This project will grind and overlay Auburn N from
approximately 4th Street SE to 8th Street NE, remove
unused driveways, and upgrade all curb ramps and
pedestrian signals to meet ADA requirements.
$975,140
(Street)
$975,140
(Federal)
$1,950,280 $1,950,280 20%0%QTR 3
(JUL-
SEP)
Luis Barba Design is underway.N/AAuburn Way North Preservation Phase 3 TBD
20
QTR 1
(JAN-
MAR)
20
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
DESIGNProject Status:
Generated by eGIS:4/29/2019 Page 8 of 10
Page 151 of 156
CP1618 Construction of new Intelligent Transportation System (ITS)
infrastructure along Lake Tapps Parkway and A St SE.
New infrastructure includes new communication lines,
Variable Message Sign, ITS PTZ cameras, network
upgrades, wireless connections, an interconnection with
Sumner at 8th St E, & weather stations at Lakeland hills.
The project will also replace some aerial copper
communication lines along A St SE.
$211,050
(Street)
$793,950
(Federal)
$1,005,000 $1,005,000 1%0%QTR 1
(JAN-
MAR)
Jai Carter Grant funding obligation paperwork has been submitted to WSDOT for approval. TBDLake Tapps Parkway ITS Expansion Project TBD
20
QTR 2
(APR-
JUN)
20
CP1829 The 2019 Citywide Patch and Overlay Project will design
and construct the pavement preservation for Arterial,
Collector and Local streets. Locations that will be grind and
overlayed - Peasley Canyon Road, and Ellingson Rd SW.
Locations that will be pavement repair patching - A St SE
and W Valley Hwy
$1,040,000
(Arterial
Street Fund)
$1,040,000 $1,040,000 100%0%QTR 3
(JUL-
SEP)
Jai Carter Bid opening held on April 23, 2019. Anticipate awarding to the apparent low bidder at May
6, 2019 City Council meeting.
N/A2019 Citywide Patch and Overlay Project ICON
(Pending)
19
QTR 2
(APR-
JUN)
19
CP1916 Replacement of Pump Station 1, Improvements to Pump
Station 2, Replacement of backup power systems,
replacement/installation of underground water main.
$2,481,000
(Water)
$2,481,000 $2,481,000 0%0%QTR 1
(JAN-
MAR)
Jeffrey
Bender
Consultant Selection for design services is underway. TBDAcademy Pump Station 1 Replacement TBD
20
QTR 4
(OCT-
DEC)
22
CP1913 This project will replace failing sewer manhole rings and
covers at various locations throughout the City with new
material conforming to the City’s current standards.
$160,000
(Sewer)
$160,000 $160,000 0%0%QTR 1
(JAN-
MAR)
Aleksey
Koshman
Design is underway.N/ASewer Manhole Ring and Cover Replacement TBD
19
QTR 3
(JUL-
SEP)
19
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
DESIGNProject Status:
Generated by eGIS:4/29/2019 Page 9 of 10
Page 152 of 156
CP1901 This Project will design and construct safety improvements
in the vicinity of the Poplar Street curve along Auburn Way
S. The specific elements of the project will install LED street
lights, a speed-activated curve ahead warning sign, high
friction surface treatment, guardrail, and reconstruct curb
radii and driveways.
$5,500
(Street)
$262,700
(Federal)
$268,200 $268,200 0%0%QTR 4
(OCT-
DEC)
Jeffrey
Bender
Preparing grant funding obligation paperwork. Presenting resolution for consent to accept
federal funding at May 6, 2019 city council meeting.
N/AAWS - Poplar Curve Safety Improvements TBD
20
QTR 2
(APR-
JUN)
20
CP1917 This Project will replace approximately 30 of the 184 deduct
meters within the City limits, including replacing related
piping and restoration.
$250,000
(Water)
$250,000 $250,000 0%0%QTR 4
(OCT-
DEC)
Jeffrey
Bender
Design underway.N/ADeduct Meter Replacement, Phase 1 TBD
19
QTR 3
(JUL-
SEP)
19
Project
Number Street/Utilities Total Budget
Project Budget Total Estimated
Costs
%
Complete
Finish
Date
%
Complete
Construction
Project
Manager ContractorProject Name & Description Other Status
Capital Project Status Report Public Works Department - Engineering General Services Division
Finish
Date
Design
Consultant
Design
DESIGNProject Status:
Generated by eGIS:4/29/2019 Page 10 of 10
Page 153 of 156
AGENDA BILL APPROVAL FORM
Agenda Subject:
Matrix
Date:
May 9, 2019
Department:
Administration
Attachments:
Special Focus Areas Key
Matrix
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 13, 2019 Item Number:
Page 154 of 156
SPECIAL FOCUS AREAS
COMMUNITY WELLNESS
FINANCE, TECHNOLOGY,
& ECONOMIC
DEVELOPMENT
PUBLIC WORKS & COMMUNITY
DEVELOPMENT
MUNICIPAL SERVICES
PUBLIC HEALTH AND WELLNESS
COMMUNITY & NEIGHBORHOOD SERVICES
HOMELESSNESS & HOMELESSNESS
PREVENTION
HOUSING QUALITY, AFFORDABILITY
& ATTAINABILITY
HUMAN & SOCIAL SERVICES
DOMESTIC VIOLENCE SERVICES
COMMUNITY EQUITY
EQUIPMENT RENTAL
FACILITIES
INNOVATION & TECHNOLOGY
CITY REAL PROPERTY
BUSINESS DEVELOPMENT
SISTER CITIES INTERNATIONAL
UTILITIES
TRANSPORTATION
SUSTAINABILITY
ENVIRONMENTAL PROTECTION
CULTURAL ARTS & PUBLIC ARTS
PLANNING & ZONING
PERMITS & DEVELOPMENT
RIGHT OF WAY MANAGEMENT
AIRPORT
AIRPORT BUSINESS
POLICE
SCORE JAIL
DISTRICT COURT
PARKS & RECREATION
ANIMAL CONTROL
SOLID WASTE
ENERGENCY PLANNING
MULTIMEDIA
CEMETERY
Councilmember Trout-Manuel, Chair Councilmember Wales, Chair Councilmember DaCorsi, Chair Councilmember Brown, Chair
Councilmember DaCorsi, Vice Chair Councilmember Holman, Vice Chair Councilmember Baggett, Vice Chair Deputy Mayor Peloza, Vice Chair
2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES
February 11, 2019 February 25, 2019 January 14, 2019 January 28, 2019
April 8, 2019 April 22, 2019 March 11, 2019 March 25, 2019
June 10, 2019 June 24, 2019 May 13, 2019 May 27, 2019
August 12, 2019 August 26, 2019 July 8, 2019 July 22, 2019
October 14, 2019 October 28, 2019 September 9, 2019 September 23, 2019
December 9, 2019 December 23, 2019 November 12, 2019 November 25, 2019
Page 155 of 156
Updated 4-23-2019
NO.TOPIC Chair STAFF LEAD(S)STUDY SESSION REVIEW
DATE(S)
COUNCIL DISCUSSION
SUMMARY ACTION DATE
1 Auburn Avenue Theater Chair DaCorsi
Vice Chair Baggett Director Faber TBD
2 Animal Control (APD) Update Chair DaCorsi
Vice Chair Baggett Chief Pierson TBD
3 Funding Options Chair Wales
Vice Chair Holman Director Coleman Ongoing
4 Emergency Management
Training
Chair Brown
Vice Chair Deputy Mayor
Peloza
Director Hinman
5/28/2019
5 Mandatory City Housing
Inspections
Chair Trout-Manual
Vice Chair DaCorsi Director Tate TBD
COUNCIL MATRIX
Page 156 of 156