HomeMy WebLinkAbout12-20-2021 City Council AgendaCity Council Meeting
December 20, 2021 - 7:00 P M
City Hall Council Chambers and Virtual
A GE NDA
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Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday, December 20, 2021 at
7:00 p.m. will be held in person and virtually.
Virtual P articipation L ink:
To attend the meeting virtually please click one of the below links, enter the
meeting I D into the Z oom app, or call into the meeting at the phone number listed
below. The link to the Virtual Meeting is:
Z oom: https://us06web.zoom.us/j/87429771156
T he public can also view the meeting on YouTube:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To join the meeting by phone, please use the below call-in information:
253 215 8782
877 853 5257 (Toll F ree)
Webinar I D: 874 2977 1156
A .P ledge of Allegiance
B .Roll Call
I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P roclamation - 2021 Tree Stewards
Mayor Backus to declare the A uburn P arks Department the City's "2021 Tree
S tewards" for preserving and caring for the Scarlet Oak tree located at Veterans
Memorial Park and the Weeping W illow located at Fenster Park.
Page 1 of 93
I V.AP P O I NT M E NT S
A .Reappointments to B oards & Commissions
City Council to reappoint the following boards and commission members. All
appointees will serve a new three-year term expiring December 31, 2024
Airport Advisory Board
Wayne Osborne
J oseph Nessel
Auburn Tourism Board
K acie B ray
L acey Katz
B IA Rate P ayer Committee
Ronnie Roberts
Darren J ones
J ohn Rottle
Cemetery Board
A rnie Galli
Human Services Committee
S usan Miller
S hawn P arkhurst Paton
P arks & Recreation Board
K atie Helton
Wayne Osborne
P lanning Commission
Dimitri Moutzouris
P hillip S tephens
Urban Tree Board
Tanya Galat
V.AG E ND A M O D I F IC AT I O NS
V I .NE W B US I NE S S
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing I n P erson or Virtual P articipation
Any interested person is invited to attend the public meeting or submit written
comments regarding the Right-of-Way Vacation No. VA C21-0002. A ll written
comments must be received prior to 5:00 p.m. on November 15, 2021.
Page 2 of 93
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
publiccomment@auburnwa.gov
2.Public Hearing for Right-of-Way Vacation No. VA C21-
0002
A Public Hearing to Consider Right-of-Way Vacation No. VA C21-0002
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Participants can submit written comments via mail, fax or email. A ll written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
publiccomment@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Page 3 of 93
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the December 6, 2021 Regular Council Meeting
B .Claim Vouchers (Thomas)
Claim voucher list dated December 20, 2021 which includes voucher numbers 466057
through 466233 in the amount of $5,703,001.97 and six wire transfers in the amount of
$550,941.96.
C.P ayroll Vouchers (T homas)
P ayroll check numbers 539280 through 539285 in the amount of $74,621.18,
electronic deposit transmissions in the amount of $2,340,917.57, for a grand total of
$2,415,538.75 for the period covering December 1, 2021 to December 15, 2021
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X .UNF INIS HE D B US I NE S S
X I .O RD INANC E S
A .Ordinance No. 6839 (Gaub)
A n Ordinance vacating right-of-way of a portion of West Main Street, east of L und
Road S W
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6839.)
B .Ordinance No. 6845 (T homas)
A n Ordinance amending S ections 3.53.100 and 3.53.110 regarding City B usiness and
Occupation (B &O) Tax exemptions and deductions allowed to nonprofit Health Care
Organizations in the City
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6845.)
X I I .RE S O L UT IO NS
A .Resolution No. 5635 (Gaub)
A Resolution approving an update to its Neighborhood Traffic Calming Program
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5635.)
B .Resolution No. 5636 (Gaub)
A Resolution authorizing the Mayor to execute an agreement with the other jurisdictions
of the South County A rea Transportation B oard
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5636.)
Page 4 of 93
C.Resolution No. 5637 (Comeau)
A Resolution authorizing the Mayor to execute an Easement A greement in favor of
MS R E Apartment, L L C for access and fire service over, across, through and under
City owned property – parcel number 733140-0135
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5637.)
D.Resolution No. 5638 (Martinson)
A Resolution authorizing the Mayor to sign an amendment to the City’s Office
S pace L ease Agreement with K ing County
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5638.)
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I V.AD J O URNM E 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 5 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Right-of-Way Vacation No. VAC21-0002
Date:
December 14, 2021
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Right-of-Way Vacaiton No. VAC21-
0002.
See Ordinance No. 6839 for further action on this item.
Background for Motion:
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the proposed
Right-of-Way Vacation for VAC21-0002 for the right-of-way of a portion of West Main Street,
east of Lund Road SW.
The date of the public hearing was set by Resolution No. 5626 on November 15, 2021.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:December 20, 2021 Item Number:PH.2
Page 6 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the December 6, 2021 Regular Council Meeting
Date:
December 8, 2021
Department:
City Council
Attachments:
12-06-2021 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:December 20, 2021 Item Number:CA.A
Page 7 of 93
City Council Meeting
December 6, 2021 - 7:00 P M
City Hall Council Chambers and Virtual
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet. The Color
Guard presented the flags and Mayor Backus led those in attendance in
the Pledge of Allegiance.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and
Yolanda Trout-Manuel.
Mayor Nancy Backus, City Attorney Kendra Comeau, Director of
I nnovation and Technology David Travis, I nnovation and Technical Support
S pecialist Danika Olson, Chief of Police Mark Caillier and City Clerk
S hawn Campbell were in Chambers.
The following department directors and staff members attended the
meeting virtually: Director of Public Works I ngrid Gaub, Director of Parks,
A rts and Recreation Daryl F aber, Director of Community Development
J eff Tate, Director of F inance J amie T homas, Director of Human
Resources & Risk Management Candis Martinson, Arts & Events Manager
J ulie Krueger, Senior P lanner J osh Steiner, Domestic Violence Paralegal
Gloria Cody and A ssistant Director of I nnovation and Technology A shley
Riggs.
Page 1 of 6Page 8 of 93
I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P olice Promotional Ceremony
Mayor Backus called Chief Caillier up to perform the promotional
ceremonies. J ason Blake was promoted to S ergeant, J ames Nordenger
was promoted to Commander and Sam B etz was promoted to Assistant
Chief.
Mayor Backus congratulated all officers on their promotions.
Mayor Backus called for a 10 minute recess at 7:10 p.m. T he meeting
reconvened at 7:22 p.m.
I V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V.NE W B US I NE S S
A .S election of Deputy Mayor
Mayor Backus asked for nominations for Deputy Mayor.
Councilmember B rown nominated Councilmember S tearns. Deputy Mayor
DaCorsi nominated Councilmember J eyaraj. Councilmember B aggett
nominated Councilmember Trout-Manuel. there were no other nominations.
Mayor Backus asked for votes for the three nominated Councilmembers.
Councilmember S tearns received 3 votes, Councilmember J eyaraj
received 2 votes and Councilmember Trout-Manuel received 2 votes.
Due to a tie vote between Councilmembers, City A ttorney Comeau
suggested Council vote again on all three nominations, if the votes remain
the same, Council will vote for the two Councilmembers who are tied to
select the second Councilmember on the final ballot.
Mayor Backus asked for votes on the three nominated Councilmembers.
Councilmember S tearns received 3 votes, Councilmember J eyaraj
received 2 votes and Councilmember Trout-Manuel received 2 votes.
Mayor Backus asked Council to vote between Councilmember J eyaraj and
Councilmember Trout-Manuel to have the second Councilmember for the
final ballot. Councilmember J eyaraj received 4 votes and Councilmember
Trout-Manuel received 3 votes.
Mayor Backus asked for Council to vote for either Councilmember S tearns
and Councilmember J eyaraj as Deputy Mayor starting J anuary 1, 2022.
Councilmember J eyaraj received 4 votes and Councilmember Stearns
received 3 votes.
Page 2 of 6Page 9 of 93
Mayor Backus stated Councilmember J eyaraj received the majority number
of votes. He has been elected as Deputy Mayor starting J anuary 1, 2022.
V I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
No written comments were received.
Virginia Haugen, 2503 R S treet S E
Ms. Haugen spoke about people wearing masks while committing
crimes.
C.Correspondence
There was no correspondence for Council to review.
V I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember J eyaraj have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
V I I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the November 8, 2021 and November 22, 2021
S tudy S essions
B .Minutes of the November 15, 2021 Regular Council Meeting
C.Claim Vouchers (Thomas)
Claim voucher list dated December 6, 2021 which includes voucher numbers 465799
Page 3 of 6Page 10 of 93
through 466056 in the amount of $5,430,555.18 and six wire transfers in the amount of
$796,966.98
D.P ayroll Vouchers (T homas)
S tale checks were reissued as check numbers 539222 through 539226 for a net
amount of $0.00, payroll check numbers 539227 through 539230 in the amount of
$533,910.36, payroll electronic deposit transmissions in the amount of $2,164,323.98,
comp time payout check numbers 539231 through 539279 in the amount of
$85,810.60, and comp time payout electronic deposit transmissions in the amount of
$62,563.64, for a grand total of $2,846,608.58, for the period covering November
8, 2021 to November 30, 2021
Deputy Mayor DaCorsi moved and Councilmember J eyaraj seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
I X.UNF INIS HE D B US I NE S S
There was no unfinished business.
X .O RD INANC E S
A .Ordinance No. 6840 (Tate)
A n Ordinance relating to planning; adopting 2021 Annual Comprehensive P lan Map
and Text A mendments pursuant to the provisions of R C W Chapter 36.70A and
adopting corresponding rezone related to certain map amendments
Councilmember S tearns moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6840.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Ordinance No. 6841 (Tate)
A n Ordinance amending S ections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of
the A uburn City Code relating to S chool I mpact F ees
Councilmember S tearns moved and Councilmember J eyaraj seconded to
adopt Ordinance No. 6841.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C.Ordinance No. 6843 (Tate)
A n Ordinance relating to F ee Codes, and amending Sections 19.02.070, 19.04.040,
19.06.040, 19.08.030, 15.07.080, 13.06.050, 13.06.275, 13.20.200, and 13.41.040 of
the A uburn City Code
Councilmember S tearns moved and Councilmember B aggett seconded to
adopt Ordinance No. 6843.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Page 4 of 6Page 11 of 93
X I .RE S O L UT IO NS
A .Resolution No. 5633 (Tate)
A Resolution endorsing use of the 2022 Valley Regional F ire Authority Fee S chedule
as adopted by the V R FA Board of Governance
Councilmember B rown moved and Councilmember S tearns seconded to
adopt Resolution No. 5633.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5634 (Faber)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the A uburn S ymphony Orchestra for tourism promotion services
Councilmember J eyaraj moved and Deputy Mayor DaCorsi seconded to
adopt Resolution No. 5634.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor DaCorsi reported he attended the K ing County A ffordable
Housing Committee meeting.
Councilmember Trout-Manuel reported she attended the King County
Regional L aw Safety and J ustice Committee (R L S J C) meeting.
Councilmember B aggett reported he attended the Pierce County Cities
and & Towns Association (P C C TA ) meeting.
Councilmember S tearns reported he attended the Regional Water Quality
Committee meeting, the P uget S ound Regional Council Equity A dvisory
Committee meeting and the A ttorney General's Missing and Murdered
I ndigenous Women and P eople Task Force meeting.
Councilmember J eyaraj reported he attended the Sound Cities
A ssociations (S C A) annual meeting.
B .From the M ayor
Mayor Backus reported she attended the Governing for Racial Equity and
I nclusion meeting, a ribbon cutting ceremony at the Outlet Collection for
A irhouse A dventure P ark, the Auburn F ood B ank holiday basket
distribution and the Santa Parade and Tree L ighting.
Page 5 of 6Page 12 of 93
X I I I .C L O S E D S E S S I O N
1.Closed S ession
Mayor Backus adjourned into a closed session per R C W
42.30.140(4)(b) to discuss a collective bargaining agreement for 30
minutes at 8:11 p.m. City A ttorney Comeau, F inance Director
Thomas, Human Resource Director Martinson and P olice Chief
Caillier were required to attend.
Mayor Backus extended the closed session for 10 minutes at 8:43
p.m.
Mayor Backus extended the closed session for 10 minutes at 8:54
p.m.
Mayor Backus reconvened the meeting at 9:07 p.m.
X I V.AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 9:08 p.m.
A P P R O V E D this 20th day of December, 2021.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 6 of 6Page 13 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
December 8, 2021
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claim voucher list dated December 20, 2021 which includes voucher numbers 466057
through 466233 in the amount of $5,703,001.97 and six wire transfers in the amount of
$550,941.96.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:December 20, 2021 Item Number:CA.B
Page 14 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
December 8, 2021
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539280 through 539285 in the amount of $74,621.18, electronic
deposit transmissions in the amount of $2,340,917.57, for a grand total of $2,415,538.75 for
the period covering December 1, 2021 to December 15, 2021.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:December 20, 2021 Item Number:CA.C
Page 15 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6839 (Gaub)
Date:
December 14, 2021
Department:
Public Works
Attachments:
Ordinance No. 6839
Exhibit A
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6839.
Background for Motion:
Ordinance No. 6839 vacates a portion of West Main Street, east of Lund Road SW, subject
to conditions outlined in the Ordinance.
Background Summary:
Ralph T. Pozzi has applied to the City for vacation of the right-of-way of a portion of West
Main Street, east of Lund Road SW. The applicant owns the adjacent parcel #1321049008 to
the south and is proposing to incorporate the right-of-way into development of the adjacent
property to add additional parking for the associated business on the property.
A portion of the proposed vacation area became ROW in 1888. The majority of the proposed
vacation area was acquired by the State as ROW for construction of SR-167 through
Warranty Deed on December 11, 1969. The entire proposed vacation area was subsequently
conveyed to the City of Auburn from the State through Governors Deed on February 6, 1974.
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 with conditions.
Ordinance No. 6839, if adopted by City Council, approves Right-of-Way Vacation No.
VAC21-0002 and vacates the right-of-way subject to conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:December 20, 2021 Item Number:ORD.A
Page 16 of 93
Page 17 of 93
- - - - - - - - - - - - - - - - -
Ordinance No. 6839
ROW Vacation VAC21-0002
November 3, 2021
Page 1 of 7
ORDINANCE NO. 6839
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF A
PORTION OF WEST MAIN STREET, EAST OF LUND ROAD
SW , WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, the City of Auburn, Washington (“City”), has received a petition signed
by at least two-thirds (2/3) of the owners of property abutting right-of-way located within a
portion of West Main Street, east of Lund Road SW, within the City of Auburn, requesting
vacation of the right-of-way; and,
WHEREAS, as required by Chapter 12.48 of the Auburn City Code, a public hearing
was held in connection with the possible vacation, with notice having been provided
pursuant to statute; and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 20th day of December, 2021, at the Auburn
City Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation. That the right of way located at a portion of West Main
Street, east of Lund Road SW, located within the City of Auburn, Washington, legally
described as follows:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1
OF CITY OF AUBURN SHORT PLAT NUMBER SP-11-85,
RECORDED JANUARY 08, 1986 UNDER RECORDING
NUMBER 8601080790, IN KING COUNTY, WASHINGTON;
THENCE NORTH 86°14’47” WEST ALONG THE NORTH
Page 18 of 93
- - - - - - - - - - - - - - - - -
Ordinance No. 6839
ROW Vacation VAC21-0002
November 3, 2021
Page 2 of 7
LINE OF SAID LOT 1 A DISTANCE OF 65.87 FEET;
THENCE SOUTH 03°45’13” WEST 3.00 FEET TO THE
BEGINNING;
THENCE CONTINUING SOUTH 03°45’13” WEST 27.00 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
RIGHT THE RADUIS POINT OF WHICH BEARS NORTH
03°45’13” EAST DISTANT 2260.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 8°35’30” AN ARC LENGTH OF 338.89 FEET;
THENCE NORTH 77°39’17” WEST 31.05 FEET;
THENCE NORTH 86°14’47” WEST 30.07 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT
THE RADIUS POINT OF WHICH BEARS SOUTH 80°54’28”
EAST DISTANT 30.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 94°02’01” AN ARC LENGTH OF 49.24 FEET TO
THE BEGINNING OF A CURVE TO THE LEFT HABING A
RADUIS OF 2233.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 9°22’20” AN ARC LENGTH OF 365.27 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 10,620 SQUARE FEET, MORE
OR LESS.
and as shown on the survey, a copy of which is attached, marked Exhibit "A" is vacated and
the property lying in the right-of-way described, shall inure and belong to those persons
entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the
following:
A. Reservation in favor of the City of a perpetual Nonexclusive Easement
under, over, through and across the vacated right-of-way as described above for the
purpose of laying, maintaining, and installing future and existing water, sanitary sewer
and storm water facilities and including a reservation in favor of the City of the right to
grant easements for utilities over, under and on all portions of the vacated right -of-way as
Page 19 of 93
- - - - - - - - - - - - - - - - -
Ordinance No. 6839
ROW Vacation VAC21-0002
November 3, 2021
Page 3 of 7
described above.
The City shall have the absolute right, at times as may be necessary for immediate
entry upon said Easement Area for the purpose of maintenance, inspection, construction,
repair or reconstruction of the above improvements without incurring any legal obligation
or liability.
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City.
The owners of the adjacent properties agree and shall not in any way block, restrict
or impede access and egress to or from said Easement Area, and /or in any way block,
restrict or impede full use of the real property within the Easement Area by the City for
the above described purposes. No building, wall, rockery, fence, trees, or structure of
any kind shall be erected or planted , nor shall any fill material be placed within the
boundaries of said Easement Area, without the express written consent of the City.
Except as required or approved by the City, no excavation shall be made within three feet
of said facilities. The surface level of the ground within the Easement Area shall be
maintained at the elevation as currently existing except areas that were previously graded
and must be re-graded to satisfy conditions of this right-of-way vacation as set forth in
paragraphs F and G.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
Page 20 of 93
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Ordinance No. 6839
ROW Vacation VAC21-0002
November 3, 2021
Page 4 of 7
B. Under the terms of the reservation set out in Paragraph A above and i n
accordance with RCW 35.79.030, the City grants a private utility easement to Puget
Sound Energy over, under, and upon the vacated right-of-way as described above for the
construction, operation, maintenance, repair, replacement, improvement and removal o f
electric and gas distribution facilities. The owners of the adjacent property shall not erect
any structures on the easement and shall not place trees or other obstructions on the
easement that would interfere with the exercise of Grantee ’s rights.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
C. In accordance with RCW 35.79.030, the City grants a private utility
easement to CenturyLink over, under and upon the vacated right-of-way as described
above for the construction, operation, maintenance, repair, replacement, improvement
and removal of wireline telecommunications facilities. The owners of the adjacent
properties shall not erect any structures on the easement and shall not place trees or
other obstructions on the easement that would interfere with the exercise of Grantee ’s
rights.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
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Ordinance No. 6839
ROW Vacation VAC21-0002
November 3, 2021
Page 5 of 7
D. In accordance with RCW 35.79.030, the City grants a private utility
easement to Comcast over, under and upon the vacated right-of-way as described above
for the construction, operation, maintenance, repair, replacement, improvement and
removal of cable facilities. The owners of the adjacent properties shall not erect any
structures on the easement and shall not place trees or other obstructions on the
easement that would interfere with the exercise of Grantee ’s rights.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
E. It is provided, however that such reserved or granted utility and access
easements as set out in Paragraphs A, B, C and D above may be modified to
accommodate a removal, relocation and sitting of the affected utility lines if the Utility and
the property owners on whose property the utility lines are located agree to the removal
relocations and sitting being paid by said property owners and with the removal relocation
and sitting being done in conformity with applicable standards.
F. The applicant shall move the existing fence to the current property line ( as
it exists prior to vacation) and obtain a Grading Permit to remove gravel and construct
proper site improvements for storm drainage to storm inlet structures, parking, lighting
and landscaping per City requirements and Engineering Design and Construction
Standards.
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Ordinance No. 6839
ROW Vacation VAC21-0002
November 3, 2021
Page 6 of 7
G. The applicant shall obtain required permits and replace the domed storm
inlet structures with a standard grate and shall install concrete aprons around all storm
inlet structures per the City’s Standard Details.
H. In accordance with RCW 35.79.0360 and ACC 12.48.085, compensation to
the City of Auburn, shall be made by the owner or owners of property adjacent thereto in
the total amount of Forty-five Thousand ($45,000.00) Dollars for the full appraised value
of the right-of-way, which has been right-of-way for more than twenty-five (25) years and
for which public funds were expended.
I. This vacation shall be effective upon completion of the provisions in
paragraph F, G, and H, above. The above described provisions must be completed by
December 20, 2022 or the vacation and this Ordinance will be null and void.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this location.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law.
Page 23 of 93
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Ordinance No. 6839
ROW Vacation VAC21-0002
November 3, 2021
Page 7 of 7
Section 5. Recordation. The City Clerk is directed to record this Ordinance
with the office of the King County Auditor only upon completion of those provisions set forth
in Section 1, Paragraphs F, G, and H, above, at which time the vacation pursuant to this
Ordinance shall be effective under Auburn City Code 12.48.080.
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED: _______________
Page 24 of 93
Page 25 of 93
Page 26 of 93
1 of 4
October 20, 2021
VAC21-0002 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number VAC21-0002
Applicant: Ralph T. Pozzi
Property Location: Right-of-Way located on the south side of West Main Street,
east of Lund Road SW.
Description of right-of-way:
This ROW proposed for vacation consists of a portion of the south side of West Main
Street, east of Lund Road SW. The proposed ROW is adjacent to Parcel No.
1321049008 on the south and east sides and bordered by City right-of-way to the north
and west. The total proposed area of ROW for vacation is approximately 10,620±
square feet.
A portion of the proposed ROW vacation area originally became ROW in 1888 and was
known as Beede Rd No. 222. The majority of the ROW was acquired by the State for
the construction of SR-167 through Warranty Deed under Recording Number 6626194,
dated December 11, 1969, Records of the State of Washington. The proposed ROW
Vacation Area was subsequently conveyed to the City of Auburn from the State through
Governor’s Deed under Recording No. 7402270280, dated February 6, 1974, Records
of the State of Washington.
See Exhibit “A” for legal description and survey.
Proposal:
The Applicant is proposing that the Right-of-Way be vacated so that they can
incorporate the area into development of the property to the south on Parcel No.
1321049008. The Applicant would like to add additional parking area for the trucking
company located on the parcel. The proposed vacated right-of-way area would be used
for city storm drainage systems and street landscaping requirements for the additional
parking 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.
Page 27 of 93
2 of 4
November 3, 2021
VAC21-0002 Staff Report
Comprehensive Plan Policy - not affected.
City Zoning Code - not affected.
Public Benefit:
Vacated Right-of-Way areas typically have a financial benefit to the general
public because the vacated areas are subject to property taxes
The street vacation decreases the Right-of-Way maintenance obligation of the
City.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast,
CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE has underground gas and electrical facilities
and will require an easement be retained across the proposed vacation area.
2. Comcast – Comments from Comcast were received requesting an easement be
reserved for facilities currently located in the right-of-way.
3. CenturyLink – Comments from CenturyLink were received requesting an
easement be reserved for facilities currently located in the right-of-way.
4. Engineering – All City facilities located in the proposed vacation area will require
easements to ensure that they are accessible to the City, including moving the
existing fence currently located in the ROW to the current property line.
5. Transportation – Ten (10) feet of ROW from back of curb is required to meet City
Engineering Design Standards and ensure that street signs, stop signs, lighting
conduits, power cabinets and other facilities are not within the vacated area.
6. Planning – Applicant will need to apply for a Grading Permit and will need to
remove gravel and do proper site improvements, such as parking, lighting, and
landscaping per City requirements and Engineering Design and Construction
Standards.
7. Water – An easement will need to be retained across the proposed vacation area
for existing water facilities.
8. Sewer – An easement will need to be retained across the proposed vacation
area for existing sewer facilities.
9. Storm – An easement will need to be retained across the proposed vacation area
for existing storm facilities. Applicant will be required to obtain appropriate
Grading Permit for work performed in the proposed vacation area so that the
area drains properly to the storm inlet structures during the conversion of gravel
to grass. A concrete apron is required to be installed around catch basin
structure 807-P281, 807-P7F and 807-P7G per City of Auburn Standard Detail T-
05.2 and the dome storm inlet structure on catch basin structure 807-P7G is
required to be replaced with a standard grate. As a condition of required permits,
Applicant shall clean the storm system within the site when grading and
restoration work is completed.
Page 28 of 93
3 of 4
November 3, 2021
VAC21-0002 Staff Report
10. Fire – No comments.
11. Solid Waste – 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.”
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
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.”
An appraisal by an MAI appraiser of the subject right-of-way was required to be
submitted by the applicant. The appraisal was reviewed and found to be acceptable .
The appraisal values the right-of-way using an “Across-the-Fence” methodology at
$4.25 per square foot or $45,000. The right-of-way has been right-of-way for more than
25 years and was provided to the City by Governor’s Deed under Recording No.
7402270280, dated February 6, 1974, Records of the State of Washington.
Recommendation:
Staff recommends that the street vacation be granted subject to the following
conditions:
1. An easement shall be reserved for Puget Sound Energy electric facilities.
2. An easement shall be reserved for CenturyLink telecommunications facilities.
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4 of 4
November 3, 2021
VAC21-0002 Staff Report
3. An easement shall be reserved for Comcast cable facilities
4. An easement shall be reserved for City Water, Sewer and Stormwater facilities
5. Applicant shall move the existing fence that is currently located at the back of the
sidewalk on West Main Street to the current property line as it exists prior to the
proposed right-of-way vacation.
6. Applicant shall obtain appropriate permits and replace the domed storm inlet
structures with a standard grate and shall install concrete aprons around all
storm inlet structures per the City’s Standard Details.
7. Applicant shall obtain a Grading Permit to remove gravel and construct proper
site improvements, such as proper storm drainage to storm inlet structures,
parking, lighting, and landscaping per City requirements and Engineering Design
and Construction Standards.
8. Staff recommends that compensation for the full appraised value of the right-of-
way in the amount of $45,000 be required as it has been ROW for more than 25
years, a portion of it was initially acquired by the State for construction of SR-
167, and the City has incurred cost for construction and maintenance of the
facilities in the vacation area.
9. Completion of Condition Nos. 5 through 8 above shall be accomplished by
December 20, 2022 or the vacation shall be null and void.
Page 30 of 93
1:1,000
Vicinity Map - VAC21-0002
166.783.33166.7 0 Feet
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
Imagery Date: May 2015
10/7/2021Printed Date:
1 in =83.33 ft
West Main StreetWestern Ave NWLund Road SWParcel No.
1321049008
1016 West Main St
Auburn, WA 98001
Proposed V
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Page 31 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6845 (Thomas)
Date:
December 15, 2021
Department:
Finance
Attachments:
Ordinance No. 6845
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6845.
Background for Motion:
Amendment the City of Auburn’s Business and Occupation Tax Code to clarify and amend
exemption thresholds for non-profit health care organizations.
Background Summary:
The City of Auburn’s Business and Occupation Tax code currently sets a significantly low
taxability threshold for non-profit health care organizations (HCO’s). Further, the existing
language is unclear on how to accurately calculate the given threshold. Due to the nature of
non-profit health care organization finances, as well as the valuable services that HCO’s
provide the City of Auburn and its residents, it is in the City’s best interest to consider an
amendment. This amendment would establish a higher exemption threshold for HCO’s, as
well as add clarity for the exemption threshold calculation.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:December 20, 2021 Item Number:ORD.B
Page 32 of 93
--------------------------------
Ordinance No. 6845
December 9, 2021
Page 1 of 4
ORDINANCE NO. 6845
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 3.53.100
AND 3.53.110 REGARDING CITY BUSINESS AND
OCCUPATION (B&O) TAX EXEMPTIONS AND
DEDUCTIONS ALLOWED TO NONPROFIT HEALTH CARE
ORGANIZATIONS IN THE CITY
WHEREAS, ACC Chapter 3.53 sets forth the City’s business and occupations
(B&O) tax. ACC sections 3.53.100 and 3.53.110 establish B&O tax exemptions and
deductions for several classes and types of businesses operating in the City, including
nonprofit health care organizations (HCOs);
WHEREAS, ACC 3.53.100 currently provides a B&O tax exemption to nonprofit
HCOs operating in the City with gross income at or below a required threshold. But
using gross income to measure a nonprofit HCOs B&O tax exemption eligibility does not
reflect an operating nonprofit HCO’s financial reality;
WHEREAS, a significant portion of a nonprofit HCO’s services are devoted to
providing the City’s most vulnerable indigent and uninsured residents with needed
health care and related services. Nonprofit HCOs are able to charge these residents
fees for services that would reflect the HCO’s gross income. However, these HCOs are
unable in many cases to actually collect charged amounts, and despite being
considered gross income these uncollected charges generate no actual revenue for a
nonprofit HCO;
WHEREAS, to incentivize the continued financially stable operation of nonprofit
HCOs in the City, which is increasingly important during the ongoing COVID-19
pandemic, ACC 3.53.100 should be amended to use a nonprofit HCO’s net operating
Page 33 of 93
--------------------------------
Ordinance No. 6845
December 9, 2021
Page 2 of 4
income as the basis to determine B&O tax exemption eligibility. This amendment would
more accurately reflect revenue a nonprofit HCO actually receives from its operations
for the purpose of a nonprofit HCO’s exemption from City B&O tax;
WHEREAS, ACC 3.53.110 should also be amended to clarify that a nonprofit
HCO’s gross income remains the basis for measuring B&O tax deductions allowed to a
nonprofit HCO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Subsection CC of Auburn City Code
section 3.53.100 is amended to read as follows:
CC. Nonprofit Health Care Organization Fees.
1. This chapter shall not apply to amounts that a nonprofit health care
organization derivesd from charges or fees for medical, nursing, ambulance,
hospital, or and other appropriate outpatient care as charges and services fees
by nonprofit health care organizations for the benefit of subscribers, where none
of the derived amounts such fees and charges inure to the benefit of the
organization or any of its employees; provided further, that i.
2. The exemption in paragraph 1 of this subsection CC shall not apply if athe
nonprofit health care organization’s annual net operating gross income, minus
any allowed deductions or exemptions as provided in this chapter, exceeds
$310,000,000.00 for the reporting period in which the exemption is claimedfor
any calendar year. For purposes of this subsection, “net operating income” shall
mean income in an amount equal to:
a. the organization’s aggregate gross revenue generated from operating
activities and services, less—
b. uncollectable debts and uncompensated services, and less—
c. total expenses related to operating activities.
Capital expenditures, debt service and non-cash charges, such as depreciation
of assets or amortization of financing costs, shall not be included in the
Page 34 of 93
--------------------------------
Ordinance No. 6845
December 9, 2021
Page 3 of 4
calculation of net operating income., the exemption in this subsection shall not
apply to the amounts derived from health care organization service fees and
charges.
3. Nonprofit health care organizations exceeding the $3010,000,000.00 in gross
income in a reporting period threshold may take the deductions allowed in ACC
3.53.110(S).
Section 2. Amendment to City Code. Subsection S of Auburn City Code
section 3.53.110 is amended to read as follows:
S. Nonprofit Health Care Organization Fees. In computing the tax, nonprofit
health care organizations may deduct up to $30,000,000 in gross revenue
derived from medical, nursing, ambulance, hospital, and other appropriate
outpatient care as charges and service fees by the nonprofit health care
organization.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. 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.
Page 35 of 93
--------------------------------
Ordinance No. 6845
December 9, 2021
Page 4 of 4
Section 5. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 36 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5635 (Gaub)
Date:
December 14, 2021
Department:
Public Works
Attachments:
Resolution No. 5635
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5635.
Background for Motion:
This resolution will adopt an updated approach to the Neighborhood Traffic Calming Program
to incorporate an areawide approach, which includes more community outreach and
incorporates an equity focus.
Background Summary:
In 2005, City Council adopted a Neighborhood Traffic Calming Program via Resolution 3946,
which was updated in 2006 via Resolution 4094.
The program is designed to evaluate and address speeding complaints in residential
neighborhoods. Examples of improvements constructed as a result of this program include,
but are not limited to, speed cushions, traffic circles, and radar feedback signs.
Staff has developed a proposed update to the Neighborhood Traffic Calming Program with a
focus on equity, changing from a location specific to an areawide approach, and including
more community outreach.
The proposed update to the Neighborhood Traffic Calming Program was presented to
Council at the December 13, 2021 Study Session.
Resolution No. 5635 authorizes an update to the Neighborhood Traffic Calming Program.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:December 20, 2021 Item Number:RES.A
Page 37 of 93
Page 38 of 93
--------------------------------
Resolution No. 5635
December 20, 2021
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AN UPDATE TO
ITS NEIGHBORHOOD TRAFFIC CALMING PROGRAM
WHEREAS, the City of Auburn adopted a Neighborhood Traffic Calming Program
(Program) in 2005 via Resolution 3946, and updated the Program in 2006 via Resolution
4094;
WHEREAS, the Program’s purposes are to maximize efforts to discourage
excessive vehicular speeds and cut-through traffic in residential neighborhoods, to
promote safer streets for residents in residential neighborhoods, and to encourage drivers
to use streets as designed. To achieve these purposes, it is important to periodically
evaluate and revise the Program and its approaches to traffic calming;
WHEREAS, the City’s Public Works Department has recently updated the Program
to incorporate equity in the Program’s planning approach, and to refine the Program’s
traffic calming approaches for different types of neighborhoods with varied traffic impacts.
The recent update to the Program is attached as Exhibit A to this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Neighborhood Traffic Calming Program, as identified in Exhibit
A attached hereto and incorporated herein by reference, is approved in substantial
conformity therewith.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
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Resolution No. 5635
December 20, 2021
Page 2 of 2 Rev. 2018
Section 3. The Mayor is authorized to approve periodic updates to the
Neighborhood Traffic Calming Program without legislative action.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2021.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 40 of 93
December 2021
Neighborhood Traffic Calming Program
Overview & Purpose:
The City of Auburn is dedicated to improving the quality and livability of Auburn’s residential
neighborhoods.
City Council adopted a Neighborhood Traffic Calming Program to assist residents and the City in
developing solutions to speeding and other traffic safety concerns on residential streets. This program
was implemented from 2007 through March 2020, when it was put on hold because of budget
reductions due to the COVID-19 pandemic. This updated program will be implemented starting in
January 2022.
This program is intended for residential neighborhoods, with implementation on streets classified as
“local residential” and “residential collector”. It is not intended for commercial/industrial areas or
streets classified as “arterials”, “non-residential collectors”, “rural collectors”, or “highways”. It is also
not intended for alleys.
“Traffic Calming reduces automobile speeds or volumes as a means of improving the quality of life in
residential areas, increasing walking safety and making bicycling more comfortable.”
(ITE definition, Traffic Engineering Handbook, 2016)
The objectives of the neighborhood traffic calming program are to:
• Reduce speeds in neighborhoods so that most cars regularly drive below or at the posted speed
limit.
• Reduce speeds at locations such as intersections and roadway curves, to promote safety for
vehicles, pedestrians, and cyclists.
• Discourage cut-through vehicle traffic between arterials, to encourage drivers to use arterials,
which are designed for higher traffic volumes, instead of using local streets, which are intended
for local access.
• Improve safety for all road users, especially pedestrians and cyclists.
• Educate residents through traffic safety awareness and outreach, which may include events to
demonstrate perceived vs. actual speeds.
• Meet Auburn’s equity goals with a proactive approach to ensure all neighborhoods are
evaluated, regardless of whether complaints were received or not.
• Encourage residents to participate in the process through community outreach.
Resolution 5635
Exhibit A
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Page 2 of 9
Tools to meet the program’s objectives:
• Education:
o Informational letters, including options for alternative language(s)
o Neighborhood outreach and meeting(s) to discuss concerns and potential traffic calming
approaches, when applicable
o Temporary awareness signs as a localized safety campaign
o Placement of the Police Speed Trailer, which indicates the vehicles speed and the
posted speed limit
o Temporary installation of Radar Speed Feedback Signs, which indicate the vehicles
speed and posted speed limit (for classified streets only)
o Social media outreach
o Magazine articles
• Enforcement:
o Police Emphasis Patrols - Speed study results are shared with the Police Traffic Unit to
assist in guiding their enforcement activities
• Engineering:
o Evaluation of best traffic calming treatment options for the neighborhood, to be
implemented with available funding
o Project design and cost estimate, including neighborhood feedback
o Implementation as an annual capital project
• Evaluation:
o Evaluation of results (community survey and/or data collection) post implementation.
Proactive and Areawide Approach
This program is intended to proactively identify and address traffic calming issues throughout complete
neighborhood areas rather than waiting for issues to be reported at a spot location within a
neighborhood. The intent is not to address each specific location where a complaint is received, but
instead evaluate defined geographic neighborhood areas, one neighborhood area at a time, to ensure
that traffic calming treatment measure(s) will not negatively affect neighboring streets. The intent is to
ensure that roadways are used as intended, with arterials carrying most of the traffic, and local
residential streets used primarily for local residential access, and residential collector streets used to
connect local residential streets to arterials.
Individual complaints received will continue to be documented and will help inform the City of potential
speeding issues. However, to implement a proactive approach, complaints will not be the only factor
considered when determining which neighborhood area to further study and possibly implement traffic
calming measures. This may mean longer delays in some complaints being evaluated and addressed.
Prioritization of neighborhoods to address will be based on many factors and how much can be
accomplished annually, based on staff availability and budget allocations, but the long-term result is
expected to be a more successful program.
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Page 3 of 9
While a reactive (complaints driven) spot treatment approach may have limited success, a proactive,
areawide approach tends to have more success in meeting the goals of a traffic calming program long
term, based on nationwide studies and findings.
Localized Neighborhood Speeding Issues
Complaints are sometimes received regarding speeding in neighborhoods where nearly all of the traffic
on the streets is residents or guests of the neighborhood itself. Examples of this scenario would be
traffic on short cul-de-sac or dead-end roadways and in smaller neighborhoods with only a single
connection from the local roadways to a collector or arterial roadway. Sometimes complaints are also
received that specific residents within a neighborhood are speeding. These situations do not fall within
the program goals to be both proactive and area wide. Program funds for engineering and construction
of physical improvements will not be prioritized for these locations. The extents to which the program
evaluates and takes action to address specific complaints for localized speeding issues will be based on
the availability of program resources that are not already allocated towards non-localized traffic calming
efforts. When resources are available, the program will address these situations on a case-by-case basis
with the following:
1. Neighborhood education and outreach about traffic safety, including demonstration of
perceived speed versus actual speed
2. Placement of temporary educational items such as temporary signs or speed trailer
3. Police outreach – officers can meet with a specific driver and talk about the importance of
respecting travel speeds
If the localized neighborhood concerns persist after these efforts, the neighborhood could pursue
physical traffic calming measures at its own cost, subject to City approval. In this case, the neighborhood
would be responsible for all costs associated with the improvements and would need to hire a licensed
engineer to design the improvements and prepare the project plans and a contractor licensed, insured,
and bonded per City standards to construct them. The neighborhood or its contractor would be required
to secure a construction permit from the City and provide affidavits from at least 51% of the
neighborhood property owners that the improvements were desired and acknowledging that the City
may remove and not re-construct the improvements at any time without compensation or
reimbursement to the neighborhood. This scenario may be applicable if a neighborhood installs traffic
calming measures and the City subsequently removes them with a street reconstruction project. The
traffic calming measures would be subject to City standards and to City review and approval or denial
through the construction permit process.
Funding
2022-24 Annual Budget (REET) for this program: $50,000
2022-24 ARPA funds: $200,000 per year
ARPA funds can only be used for projects or improvements within Qualified Census Tracts (QCT)
as defined by HUD.
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Page 4 of 9
Non-Localized Traffic Calming Process
Area selection:
From 2022 to 2024, two (2) types of areas will be considered:
1. Qualified Census Tracts (QCT) using ARPA funds ($200k/year)
2. Non- QCT ($50k/year)
Staff will define study area boundaries based on street networks, school boundaries, and other
characteristics that define a neighborhood area from a street network perspective. Equity Lens: Staff
will review data such as Census demographic data, American Community Survey (ACS) demographic
data, and school enrollment data to create a profile for the area with income, demographics, primary
languages, and other information that can be helpful with community outreach and prioritization. Staff
will also review existing data such as speed study results, complaints, and crashes to identify which
areas to study first, as this data will indicate where we have documented issues and help us prioritize
these locations.
Post Implementation Evaluation
Community Survey
Design and Construction
Development Public Bid
Outreach
Share Data Collect Input
Study
Street Information Traffic Generators/Destinations
Area Selection
Demographic Data Define Area Boundaries
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Page 5 of 9
Study:
Once an area has been defined the following data will be compiled and evaluated:
• Street Information within the Neighborhood:
- Speed data (based on the 85th percentile)
- Count data (Average Daily Trip (ADT)
- Continuous sidewalks (one side, both sides, none?)
- Lane width
- On-street parking
- Other elements such as vegetation, streetlights, street grade, etc.
• Traffic Generators/Destinations Within and Adjacent to the Neighborhood:
- Public Schools
- City Parks
- Community Centers
- Local retail destination (convenience store)
- Health services
Outreach:
Once all the data is compiled and staff has a completed an “existing conditions” report, staff will engage
with the residents to gather input, feedback, concerns, and issues that residents identify in their area.
The first round of engagement will be focused on sharing the results of the data collection effort and
collect input from the community to understand their specific concerns.
After this first round of engagement, staff will work internally on compiling a list of projects that could
provide improvement, if any deficiencies or needs were identified. The project list will include a range of
possible options to address the needs of the area, based on options from the traffic calming toolbox, but
not limited to it. This list will be presented to the community via a second round of engagement, where
community members can indicate which project(s) they think would be best in their area. Based on
community feedback, budget, and feasibility, the City will choose a final project list.
Design and Construction
Once the list of locations and improvements are selected, a project will be established and administered
through the City’s Engineering Capital Project team. The design and construction documents will be
developed and then go through a public bid process to select a contractor who will build the
improvements.
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Page 6 of 9
Schedule for 2022 - 2024:
2022 2023 2024
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Project 1 Area
Selection
Study &
Outreach
Design &
Outreach
Construction
Project 2 Area
Selection
Study &
Outreach
Design &
Outreach
Construction
Project 3 Area
Selection
Study &
Outreach
Design &
Outreach
Construction*
* ARPA funded improvements must be under contract by 12/31/2024
Post-Implementation Evaluation
Within 1 year after traffic calming improvements are constructed, staff will survey neighborhood
residents to evaluate if the residents felt that the project addressed the speeding concerns and if they
did not, what concerns may persist. Based on this feedback, the City will determine if additional data
should be collected and if modifications or additional traffic calming efforts should be prioritized and
pursued.
Equity
To ensure affected populations are invited to learn about and help decide on the final projects, and to
meet Title VI requirements, staff will research population data to ensure that outreach and education
material is provided in the languages most spoken in the selected area, and research how to best
engage with the residents. Material will also be made available in other languages as requested by
residents.
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Page 7 of 9
Traffic Calming Toolbox
There are several types of traffic calming treatments available, each with a specific intent and impact to
be considered before being selected. Some of these tools can be combined with others, based on
community needs. The illustrations are concepts for reference only. There are many configurations
possible for each tool. Other approaches may be considered. This list is not comprehensive.
Vertical Measures
Speed Cushions are raised installations that do not cross the whole roadway width but are
approximately 1 to 2 ft apart and about 6 feet wide and 10 feet long, with a flat top (about 4 feet by 4
feet). They are designed to be most comfortable at a 25 to 30 MPH travel speed, and allow emergency
vehicles to straddle them, to not slow them down in an emergency.
Raised Intersections are raised installations built within a whole intersection area, slowing traffic as it
approaches the intersection, allowing more time to stop for pedestrians.
Other approaches can include raised crosswalks, which are raised crossing areas for pedestrians, and
textured pavement, which is an installation of bricks, concrete pavers, stamped asphalt, or other
material that provide a change in the roadway with a texture that potentially slow vehicles down.
Speed Cushions Raised Intersection Raised Crosswalk
Detail from City of Auburn Illustrations from Traffic Calming:
Construction Standards 2021 State of the Practice ITE-FHWA, August 1999
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Page 8 of 9
Horizontal Measures
Traffic Circles or traffic calming circles are raised islands located in the center of an intersection, forcing
drivers to slow down to drive around it. Depending on the area and design needs, some are built with
mountable curb to allow large vehicles such as emergency vehicles, garbage collection trucks, school
buses, and large delivery trucks to drive over a portion of it. The center of the traffic circle can be
landscaped or not. These are not to be confused with roundabouts which are typically larger in size and
installed at larger and higher volume intersections in place of a traffic signal.
Chicanes are curb extensions placed on each side of the street at an interval to form a S-shaped curve.
This directs traffic to swerve and slow down to maneuver through the curves. Chicane design can
include a protective bikeway, so that cyclists can continue along a straight path, away from motorists,
while motorists must follow the curves.
Traffic Circle Chicanes
Illustrations from Traffic Calming: State of the Practice ITE-FHWA, August 1999
Narrowing means shortening the width of the street, to constrict the space. It can be constructed with
crosswalks at intersections (with bulb-outs) or mid-block.
Bulb-outs Mid-block narrowing
Illustrations from Traffic Calming: State of the Practice ITE-FHWA, August 1999
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Page 9 of 9
Medians are raised islands located in the center of the street, which narrows the width of the street at
that location. Some medians include a crosswalk and provide a pedestrian refuge area between the
two travel lanes.
Median
Data Sources and References:
FHWA Traffic Calming ePrimer:
https://safety.fhwa.dot.gov/speedmgt/traffic_calm.cfm
ITE / FHWA Traffic Calming: State of the Practice, August 1999:
https://safety.fhwa.dot.gov/saferjourney1/library/pdf/toolsintro.pdf
EPA Environmental Justice Mapping Tool:
https://ejscreen.epa.gov/mapper/
Washington Office of Superintendent of Public Instruction (OSPI) for demographic data from student
enrollment, and special programs.
https://washingtonstatereportcard.ospi.k12.wa.us/
United States Census Bureau:
https://www.census.gov/
American Community Survey:
https://www.census.gov/programs-surveys/acs
Temporary awareness signs as a localized safety campaign example:
Seattle Yard Signs:
https://www.seattle.gov/visionzero/resources/yard-signs
Intercity Transit (Olympia) Yard Signs:
https://www.intercitytransit.com/yard-signs
Page 49 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5636 (Gaub)
Date:
December 10, 2021
Department:
Public Works
Attachments:
Resolution No. 5636
Exhibit A (SCATBd Agreement)
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5636.
Background for Motion:
City Council adopt Resolution No. 5636.
Resolution No. 5636 authorizes an agreement with neighboring cities to continue to
participate on the South King County Transportation Board, SCATBd, through the end of
2023. The City's participation on this board provides the opportunity for the City to collaborate
with other South King County jurisdictions on a variety of transportation topics, including grant
funding.
Background Summary:
Resolution No. 5636 authorizes the Mayor to execute a new agreement with the SCATBd.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:December 20, 2021 Item Number:RES.B
Page 50 of 93
--------------------------------
Resolution No. 5636
12/1/2021
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5636
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE OTHER
JURISDICTIONS OF THE SOUTH COUNTY AREA
TRANSPORTATION BOARD
WHEREAS, The City of Auburn had entered into agreement with its neighboring
cities and transportation related jurisdictions to address the cooperative inter-workings of
the other jurisdictions on area transportation projects; and
WHEREAS, the entity through which these multi-agency agreements have been
channeled has been the South County Area Transportation Board (SCATBd); and
WHEREAS, the purpose of such Agreements has been to recognize the SCATBd
as the transportation board for the South King County area to share i nformation, build
consensus, and provide input on plans, programs, policies and priorities for countywide,
regional, state and federal transportation decisions; and
WHEREAS, the participating jurisdictions have updated the current Agreement;
and WHEREAS, it is appropriate to empower the Mayor to execute a new agreement on
behalf of the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement with the South
County Area Transportation Board, which Agreement shall be in substantial conformity
with the Agreement attached hereto as Exhibit "A" and incorporated herein by this
reference.
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--------------------------------
Resolution No. 5636
12/1/2021
Page 2 of 2 Rev. 2018
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 _________________, 2021.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 52 of 93
Exhibit A
South County Area Transportation Board Agreement
Parties to Agreement
City of Algona
City of Auburn
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
City of Renton
City of SeaTac
City of Tukwila
Muckleshoot Indian Tribe
King County
Transmitted to parties for approval and signature on____________.
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called
“Algona”; the CITY OF AUBURN, hereafter called “Auburn”; the CITY OF BLACK DIAMOND,
hereafter called “Black Diamond”; the CITY OF BURIEN, hereafter called “Burien”; the CITY OF
COVINGTON, hereafter called “Covington”; the CITY OF DES MOINES, hereafter called “Des
Moines”; the CITY OF ENUMCLAW, hereafter called “Enumclaw”; the CITY OF FEDERAL WAY,
hereafter called “Federal Way”; the CITY OF KENT, hereafter called “Kent”; the CITY OF MAPLE
VALLEY, hereafter called “Maple Valley”; the CITY OF MILTON, hereafter called “Milton”; the
CITY OF NORMANDY PARK, hereafter called “Normandy Park”; the CITY OF PACIFIC, hereafter
called “Pacific”; the CITY OF RENTON, hereafter called “Renton”; the CITY OF SEATAC, hereafter
called “SeaTac”; the CITY OF TUKWILA, hereafter called “Tukwila”; the MUCKLESHOOT INDIAN
TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called “King
County” as members of the South County Area Transportation Board.
WHEREAS, the parties to this agreement recognize that multi-jurisdictional transportation planning and
coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board has served as the central forum for
information sharing, consensus building, and coordination to develop recommendations for
transportation policies, projects and programs for the south King County area;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree
as follows:
1.0 Purpose of this Agreement
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2
The purpose of this Agreement is to recognize the South County Area Transportation Board as the
transportation board for the south King County area to share information, build consensus, and provide
advice on plans, programs, policies and priorities for countywide, regional, state and federal
transportation decisions.
2.0 Members and Voting
Members shall have full voting rights, limited voting rights or shall be non-voting members, as follows:
2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement
shall have full voting rights on all of the following issues before the South County Area Transportation
Board, unless otherwise noted, including:
1. Administrative issues, such as additional members and use of dues.
2. Recommendations to Sound Transit on policies and capital and service plans and
implementation.
3. Recommendations to King County on Metro Transit planning, development and implementation
of products and services.
4. Identification of projects for the regional competition, if prescribed by the process approved by
the King County caucus of the Transportation Policy Board.
5. Recommendations to WSDOT on policies, programs and projects.
6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
7. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
8. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add
members with limited voting rights on the issues such as those listed below by unanimous vote of the
parties to this agreement in attendance at a regular meeting.
1. Recommendations to WSDOT on policies, programs and projects.
2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
3. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
4. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by
the South County Area Transportation Board.
2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting
members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The
South County Area Transportation Board may remove non-voting members by a unanimous vote of the
parties to the agreement at a regular meeting.
2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area
Transportation Board.
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3
3.0 Representation and Conduct
3.1 Representation of city and county members shall be as follows:
Full Voting Members Number of Representatives
City of Algona 1
City of Auburn 1
City of Black Diamond 1
City of Burien 1
City of Covington 1
City of Des Moines 1
City of Enumclaw 1
City of Federal Way 1
City of Kent 1
City of Maple Valley 1
City of Milton 1
City of Normandy Park 1
City of Pacific 1
City of Renton 1
City of SeaTac 1
City of Tukwila 1
Muckleshoot Indian Tribe 1
King County 3
3.2 Elected officials shall be appointed to the South County Area Transportation Board by their
cities and counties for a one-year term. King County representation shall be a maximum of two
Councilmembers and the King County Executive.
3.3 Each city or county participating member may appoint an alternate for a one-year term.
Designated alternates may vote in place of designated voting representatives in the absence of the
designated representative.
4.0 Operating Procedures
4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited
voting members and non-voting members, if any, dues for limited and non-voting members, if any, and
operational issues such as election of officers, formation of subcommittees and rules of order. A chair
and vice-chair shall be elected per the operating procedures and shall be responsible for setting meeting
agenda, running meetings and any other activities identified in the operating procedures.
5.0 Lead Agency
5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through
annual dues, and general administrative and program support for the South County Area Transportation
Board. King County assumes wage and benefit costs of its staff performing Lead Agency
responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole
discretion, shall determine the level of staffing available based upon funding.
5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area
Transportation Board membership rosters and distribution lists; arranging for Board meetings, including
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4
scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board
meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting
summaries.
6.0 Financing and Cost Sharing Guidelines
6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of
$100.00 per full voting representatives in annual dues to remain members in good standing. The Lead
Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt
of the invoice. Members not in good standing shall lose voting rights until the required dues are paid.
Additional dues above $100.00, and any dues required by limited or non-voting members, will be
determined by the South County Area Transportation Board as prescribed in the operating procedures.
Revenue from dues shall be used for special events, public education, or other expenses authorized by
the South County Area Transportation Board. The designated Lead Agency shall not be required to pay
yearly dues.
6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by
June 30 of each year whether additional annual dues above $100.00 per voting representatives will be
required of the South County Area Transportation Board member jurisdictions for the following year.
6.3 Additional financial contributions: If additional financial contributions beyond an increase in
dues are determined to be necessary, costs shall be shared among all voting members, with an option for
King County to recuse itself from further financial obligations. Recused members may not vote on
determining the additional financial contribution or uses for the additional funds.
6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a
modification to this agreement specifying cost-sharing, purpose, scope of work, administration,
collection and disbursement of funds and other details is required in order to obligate a member
jurisdiction to funding participation.
7.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the
effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments
to the South County Area Transportation Board and shall pay any dues required to be paid under this
Agreement for costs which had been obligated prior to the effective date of the withdrawal. All
obligations other than dues cease upon withdrawal.
Each party’s funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party’s governing body of sufficient funds. Should such
an appropriation not be approved for a future year, a party may exercise its right to withdraw from the
Agreement.
8.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
December 31, 2023, provided that unless terminated earlier in accordance with Section 9.0, this
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5
Agreement shall be automatically extended upon the same terms or conditions for another term
commencing January 1, 2024, and ending no later than December 31, 2025.
9.0 Termination
All parties to this Agreement must agree to terminate this Agreement in order for such termination to be
effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 11.0.
10.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property acquired
pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is
terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain
with the Lead Agency.
11.0 Return of Funds
At such time as this Agreement expires without being extended or revised, or is terminated in
accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed
proportionately to those parties to this Agreement at the time of termination based on each party’s
percentage share of the total balance at the time of termination.
12.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
13.0 Legal Relations
13.1 The parties shall comply with all applicable state and federal laws and regulations.
13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of
one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees of any other party.
13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party,
its contractor, and/or employees, agents, and representatives in performing the first party’s obligations
under this Agreement. The parties agree that their obligations under this paragraph extend to claims
made against one party by the other party’s own employees. For this purpose, the parties, by mutual
negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be
available against such claims under the industrial insurance provisions of RCW Title 51. In the event
either party incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section,
against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party.
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6
13.4 The provisions of this Section shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party’s
withdrawal from this Agreement.
14.0 Entirety and Modifications
14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between the
parties.
14.2 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
15.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes
an original signature.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its
duly authorized officer or representative as of the date set forth below its signature.
City of Algona City of Auburn City of Black Diamond
By:_______________________ By:_______________________ By:_______________________
Date: _____________________ Date: _____________________ Date: _____________________
City of Burien City of Covington City of Des Moines
By:_______________________ By:_______________________ By:_______________________
Date: _____________________ Date: _____________________ Date: _____________________
City of Federal Way City of Kent City of Maple Valley
By:_______________________ By:_______________________ By:_______________________
Date: _____________________ Date: _____________________ Date: _____________________
City of Normandy Park City of Pacific City of Renton
By:_______________________ By:_______________________ By:_______________________
Date: _____________________ Date: _____________________ Date: _____________________
City of SeaTac City of Tukwila Muckleshoot Indian Tribe
By:_______________________ By:_______________________ By:_______________________
Date: _____________________ Date: _____________________ Date: _____________________
King County City of Enumclaw City of Milton
By:_______________________ By:_______________________ By:_______________________
Date: _____________________ Date: _____________________ Date: _____________________
Page 58 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5637 (Comeau)
Date:
December 15, 2021
Department:
Legal
Attachments:
Resolution No. 5637
COA_MSRE Acces s and Utility Easement
Agreement
Resolution No. 5637 Easement Presentaton
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5637.
Background for Motion:
The City and MSRE have negotiated for a fair and just compensation of ONE HUNDRED
EIGHTY SIX THOUSAND DOLLARS AND 00/100 ($186,000) paid by MSRE Apartment,
LLC, to the City of Auburn for the rights granted in the subject easements. The compensation
agreed to by the parties is supported by an appraisal.
Background Summary:
The City owns real property that makes up a portion of the Safeway Parking Lot in downtown
Auburn. MSRE Apartment, LLC has applied for permits to develop a mixed use project under
the name of “Divine Court” at the site of the former Heritage Building. The development site is
located adjacent to the City owned property. The Divine Court project will have onsite parking
to service its tenants and residents, which can only be accessed by traveling across the City
property. To fulfill a requirement of the Civil permit, Divine Court will install a fire service utility
line that will connect to a City water main located on the City owned property. This fire service
utility will supply water directly to the Divine Court property once completed. The fire service
utility will be owned and maintained by MSRE. Thee aforementioned rights require an
easement for their rights and use of the City property. An appraisal was conducted to
determine the fair market value of the easement rights. City staff and MSRE have determined
$186,000 to be a fair and just compensation for the rights granted, an amount which is
supported by the appraisal conducted.
Rev iewed by Council Committees:
Councilmember:Staff:Comeau
Meeting Date:December 20, 2021 Item Number:RES.C
Page 59 of 93
Page 60 of 93
--------------------------------
Resolution No. 5637
12/6/2021
Page 1 of 3 Rev. 2020
RESOLUTION NO. 5637
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN EASEMENT AGREEMENT IN FAVOR OF
MSRE APARTMENT, LLC FOR ACCESS AND FIRE SERVICE
OVER, ACROSS, THROUGH AND UNDER CITY OWNED
PROPERTY – PARCEL NUMBER 733140-0135
WHEREAS, the City of Auburn owns the real property legally described as:
PARCEL A, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NUMBER BLA13-
0007 RECORDED UNDER RECORDING NUMBER 20131108900002 RECORDS OF
KING COUNTY, WASHINGTON LOCATED IN THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP21 NORTH, RANGE 5
EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON;
TOGETHER WITH VACATED ADJOINING ALLEY PER CITY OF AUBURN
ORDINANCE NUMBER 3200 UNDER RECORDING NUMBER 7711100780;
TOGETHER WITH VACATED ADJOINING ROAD AND ALLEY PER CITY OF
AUBURN ORDINANCE NUMBER 6614 UNDER RECORDING NUMBER
20161010000262;
SITUATE IN CITY OF AUBURN, KING COUNTY, WASHINGTON.
also designated as King County parcel number 733140-0135, most commonly referred to as the
City owned portion of the Safeway Parking Lot; and
WHEREAS, MSRE APARTMENT, LLC, owns adjacent real property legally described
as:
THAT PORTION OF LOTS 3, 4 AND 5, RIVER VIEW ADDITION TO AUBURN,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF PLATS,
PAGE 90, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS :
BEGINNING AT A STONE MONUMENT ON THE CENTERLINE OF EAST MAIN
STREET "FORMERLY FIRST STREET" WHICH IS A MORE WESTERLY OF TWO
STONE MONUMENTS AT THE INTERSECTION OF EAST MAIN STREET
"FORMERLY FIRST STREET" AND SOUTH "A" STREET "FORMERLY MAIN
STREET" IN THE CITY OF AUBURN, BOTH OF WHICH ARE RECOGNIZED BY
THE CITY OF AUBURN AS QUARTER CORNERS, THENCE NORTH 86°56'30" EAST
139.5 FEET ALONG THE CENTERLINE OF SAID EAST MAIN STREET, THENCE
SOUTH 30.05 FEET TO THE TRUE POINT OF BEGINNING, WHICH POINT IS
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Resolution No. 5637
12/6/2021
Page 2 of 3 Rev. 2020
SITUATED 6 INCHES WEST OF THE EAST SIDE OF THE EAST WALL OF THE
ADIE BUILDING, THENCE SOUTH PARALLEL TO SAID EAST WALL 100 FEET;
THENCE NORTH 86°56'30" EAST PARALLEL TO THE CENTERLINE OF SAID
EAST MAIN STREET, 120 FEET; THENCE NORTH PARALLEL TO THE EAST
WALL OF SAID ADIE BUILDING 100 FEET; THENCE SOUTH 86°56'30" WEST
ALONG THE PROPERTY LINE 30 FEET SOUTH OF THE CENTERLINE OF EAST
MAIN STREET, 120 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE COTY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
also designated as King County parcel number 733140-0055;
WHEREAS, MSRE APARTMENT, LLC, requests the rights of 1) access, 2) parking for
the purpose of loading and unloading of parcels, and 3) a fire service easement over, across,
through and under the City owned property to service the MSRE owned property;
WHEREAS, MSRE Apartment, LLC has agreed to pay to the City of Auburn
compensation in the amount of ONE HUNDRED EIGHT SIX THOUSAND DOLLARS AND
NO CENTS ($186,000), for the rights granted in this easement, an amount reflective of the fair
market value of easement rights and acceptable to the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Easement Agreement in favor of
MSRE Apartment LLC, which easement will be in substantial conformity with the easement
agreement attached.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this Resolution.
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Resolution No. 5637
12/6/2021
Page 3 of 3 Rev. 2020
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Kendra Comeau, City Attorney
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RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City of Auburn
25 W Main
Auburn, WA 98001
ATTN: Josh Arndt
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, and is not to be
relied upon for any other purpose, and shall not affect the intent of or any warranty contained in the document itself.
Document Title: Easement Agreement
Grantor: City of Auburn, a Washington municipal corporation
Grantee: MSRE Apartment, LLC, a Washington limited liability company
Tax Parcel ID Numbers: 733140-0135
Q-S-T-R of burdened property: SW-18-21-5
Full Legal Descriptions Located: Exhibits A, B and C
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (“Agreement”) is entered into this ______ day of
_____________________, 2021 (the “Effective Date”), by and between City of Auburn, a
Washington municipal corporation (“Grantor”), and MSRE Apartment, LLC, a Washington
limited liability company (“Grantee”).
RECITALS
A. Grantor is the owner of real property more particularly described and depicted in
Exhibit A, attached hereto and incorporated herein by reference (“Grantor Property”).
B. Grantee is the owner of real property more particularly described and depicted in
Exhibit B, attached hereto and incorporated herein by reference (“Grantee Property”)
C. In connection with the proposed development of the Grantee Property, Grantor has
agreed to sell and grant the following easements to Grantee over the Grantor Property in exchange
for ONE HUNDRED AND EIGHTY SIX THOUSAND DOLLARS ($186,000): one for vehicular
ingress and egress from Grantee’s Property through the drive aisles of the parking lot comprising
the Grantor Property to an adjoining public street, and the other a non-exclusive Fire Service
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Easement to install and maintain a fire line water facility in that area of the Grantor’s property
described and depicted in Exhibit C, attached hereto, both upon the terms and conditions set forth
in this Agreement. The size, shape, and location of each such easement is herein called the
“Easement Areas”.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Grant of Access Easement. Grantor, on behalf of Grantor and Grantor’s successors and
assigns, hereby grants and conveys to Grantee a perpetual non-exclusive easement over, across,
and through the drive aisles of the parking lot on Grantor’s Property (Exhibit A) solely for
purposes of vehicular access to Grantee’s Property to and from an adjoining public street (the
“Access Easement Area”). Grantor reserves the right in its sole and absolute discretion to relocate,
remove, or add to the number of ingress/egress points of access to and from a public street, and
control, amend, alter, direct, or redirect the flow and direction of vehicular traffic and drive aisles
on Grantor’s Property provided that, with the exception of what may currently exist at the
execution of this Agreement, the revised Access Easement Area shall meet all applicable
governing code requirements for legal drive aisles, the Access Easement Area shall maintain a
minimum clear height of 12 feet and the revised Access Easement Area shall provide Grantee with
functional access to Grantee’s Property. Grantor is responsible, at its sole cost and discretion, for
the maintenance, reconfiguration, repair, replacement and care (together “Work”) to the surface
and subsurface of the Grantor’s property located within the Access Easement Area. The Grantor
has full discretion and authority as to the type of surface, manner of repair, and manner of
replacement of the surface and subsurface used or placed upon Grantor’s property, and all other
aspects of any Work performed in the Access Easement Area. Grantee acknowledges that the Work
may result in blocked access to the Access Easement Area for those periods of time reasonably
required to accomplish the Work. Grantor will make all reasonable accommodations to protect,
maintain and minimize interruption of access to the Grantee’s property while conducting its Work,
including providing for an alternative route to the extent possible. Grantee shall reimburse Grantor
for the reasonable cost to repair any damage to the Access Easement Area specifically caused by
Grantee, its employees, contractors or agents. If Grantee fails to do so within ninety (90) days of
notice by Grantor, which shall include reasonable supporting documentation, the unpaid amount
for such repair shall be secured by a continuing consensual lien on the dominant estate for the
benefit of Grantor.
In exercising Grantee’s right of ingress and egress over, across and through the Access Easement
Area, Grantee will make all reasonable accommodations to minimize interruption of and protect
and maintain access by the public, if the Area is open to the public. Grantee shall diligently remove
or cause to have removed any obstructions to vehicular travel in the Access Easement Area caused
by Grantee or Grantee’s employees, contractors, agents, licensees, lessees, or guests (“Grantee’s
guests” is defined as any individual, or individuals living, visiting, or working in, at, or on
Grantee’s Property).
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2. Fire Service Easement. Grantor, on behalf of Grantor and Grantor’s successors
and assigns, hereby grants and conveys to Grantee a, perpetual nonexclusive easement under, over,
through and across Grantor’s property for the purpose of laying, maintaining, and installing a fire
line water facility (the “Fire Service Facility) upon that portion of Grantor’s Property located five
feet on either side of the centerline of the Fire Service Facility, more specifically described and
depicted in Exhibit C (the “Fire Service Easement Area”).
Grantor additionally grants to the Grantee, the use of such additional area immediately adjacent to
the Fire Line Easement Area as shall be required for the construction, maintenance and operation
of said fire line facilities, provided Grantee shall use reasonable efforts to not block, restrict or
impeded access or full use of the Grantor’s property. The use of such additional area shall be held
to a reasonable minimum and in the case of any damage or disruption of Grantor’s Property, the
Grantee shall return the property to a condition reasonably comparable to its condition as it existed
immediately before entry and/or work was performed by the Grantee or its agents.
Grantee shall coordinate all construction, maintenance and similar activities in the Fire Line
Easement Area with Grantor so as to minimize disruption to the public’s access over the Easement
Area
3. Conditions of Easements. The Easements are granted subject to and conditioned upon
the following terms, conditions, and covenants which the parties, their agents, tenants, successors
and assigns, agree to fully observe and perform:
3.1 Rights of Easement. Grantee, its agents, contractors, subcontractors and
their respective successors and assigns, shall have the use of the Easement Areas for the purposes
identified in Section 1 and 2 above, and shall have the right to use abutting land adjoining the
Easement Areas when necessary for the fulfilment of Grantee’s purposes described in Section 3.
Grantee shall, at all times, leave intact all security facilities around the Grantor Property (if any)
and shall, upon entering and leaving the Grantor Property, secure all gates, fences, and other
security facilities against intrusion by third parties (if and when applicable). No such security
facilities shall impede Grantee’s use of the Easement Areas.
3.2 Permissible Use. Grantee agrees it will use the Easement Areas only for
purposes set forth in this Agreement.
3.3 Improvements and Activities. Except with respect to the Fire Line Facility,
any Improvements constructed in the Easement Areas shall be owned by Grantor, and the expense
of installation and construction of any improvements to the Grantor’s property (the “Parking Lot
Improvements”) from time to time shall be paid by Grantor. Grantee shall neither construct, erect,
or install any improvements or structures within the Access Easement Area, nor have any
obligations or expense with respect to any Parking Lot Improvements.
3.4 Retained Rights. In addition to those specific rights reserved in Sections 1
and 2 above, Grantor shall have all rights to the Easement Area(s) not granted hereby. Without
limiting the foregoing, Grantor shall have all rights, except for the rights that have been explicitly
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given to Grantee in this Agreement, to enter, cross and occupy the Easement Areas, to permit the
public to do so, and to construct driveways and walk-ways and other Parking Lot Improvements
there on which are consistent with the rights granted Grantee hereunder.
3.5 Assignment and Successors. The rights and obligations of the parties set
forth in this Agreement shall inure to the benefit of, and shall be binding upon, their respective
successors and assigns.
4. Indemnification. Grantee, its successors and assigns, releases, covenants and agrees to
defend, indemnify and hold harmless Grantor and Grantor’s officers, employees, representatives,
agents, successors and assigns (hereinafter collectively the “Indemnitees”) from all claims, losses,
expenses, liens (including, without limitation, liens or claims for services rendered for labor or
materials furnished), encumbrances, liabilities, penalties, judgments, settlements, fines, damages,
environmental response and cleanup costs, actions (civil, criminal or administrative), and costs,
including without limitation, attorney’s fees, court costs, consultant fees, expert fees and other
litigation-related expenses, brought against, imposed upon, suffered by or paid by Grantor and
arising out of or in connection with or resulting from, indirectly or directly, the use by Grantee, its
agents, employees, tenants, contractors, invitees, and successors and assigns of the easement areas
defined throughout this Agreement.
5. Automatic Easement Termination. The rights granted within this easement are specific
to the development and construction of the improvements as permitted by the City of Auburn under
building permit BLD19-0154. Upon the building being demolished, this Agreement and all rights
and privileges granted within this Agreement will automatically terminate. Notwithstanding the
foregoing, the rights granted herein shall not terminate if the improvements are damaged or
destroyed by earthquake, fire or other casualty and Grantee or its successor diligently commence
and pursue reconstruction or replacement of the improvements within a commercially reasonable
period of time and in compliance with then applicable codes and ordinances.
6. General Provisions. The following general provisions shall apply with respect to this
Agreement:
6.1 Successors and Assigns. The rights and obligations created pursuant to this
Agreement shall bind all subsequent owners of the Grantor and Grantee’s Property, as described
in Exhibits A & B.
6.2 Running Covenants. The terms, and conditions, covenants and easements in
this Agreement shall be deemed to be covenants running with the land and shall inure to and be
binding upon the successors, assigns, heirs, and personal representatives of all the parties.
6.3 Legal Construction. This easement agreement will not be construed more or
less favorably between the Parties by reason of authorship as both Parties had an opportunity to
have the document reviewed by their counsel. This agreement may be executed in duplicate
original counterparts and all copies of this agreement so executed shall be deemed to be one
agreement.
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6.4 Entire Agreement; Modifications. This Agreement represents the entire
understanding between the parties with respect to the transactions contemplated herein and all
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement. Neither this Agreement nor any provision in this
Agreement may be waived, modified, amended, discharged, or terminated, except by an instrument
in writing signed by both parties and then, only to the extent set forth in such instrument.
6.5 Notices. Any notice required or permitted to be delivered under this Agreement
shall be in writing and shall be validly given and made to another party if delivered either
personally or by Federal Express or other overnight delivery service of recognized standing. If
such notice is personally delivered, it shall be deemed given and received at the time of such
delivery. If such notice is delivered by UPS, Federal Express, or other overnight delivery service
of recognized standing, it shall be deemed given one (1) business day after the deposit with such
delivery service. Each such notice shall be deemed given only if properly addressed to the party
to whom such notice is given, as follows:
If to Grantor: City of Auburn
City Attorney’s Office
Auburn, Washington 98001
Attn: City Attorney
Email: N/A
Phone: (253) 804 3108
If to Grantee: MSRE Apartments, LLC
334 Wells Avenue S., Suite G
Renton, Washington 98057
Attn: Melina Lin
Email: melina@ms-apartment.com
Phone: (206) 686-9886
By giving to the other party at least fifteen (15) days written notice, the parties to this
Agreement and their respective successors and assigns shall have the right from time to time and
at any time to change their respective address and each shall have the right to specify as its address
any other address.
7.6 Severability. If one or more of the provisions of this Agreement, or its
application, is determined to be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions or any other application shall in no way be
affected or impaired.
7.7 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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7.8 Recording. Grantee shall, at its expense, record this easement agreement
with the King County Recorder. After this agreement is recorded, Grantee shall provide Grantor
with a copy of the recorded easement agreement.
7.9 Attorneys' Fees. If either party shall bring suit to enforce or interpret this
Agreement and a judgment is entered, the substantially prevailing party shall be paid its attorneys’
fees by the other party, and all costs and expenses in connection with such suit shall also be paid
to the substantially prevailing party, which sum shall be included in any such judgment or decree.
Such attorneys’ fees and expenses shall include those incurred before, during and after trial,
including those related to any appeal.
GRANTOR:
CITY OF AUBURN, a Washington municipal
corporation
By: _____________________________
Name: Nancy Backus, Mayor
GRANTEE:
MSRE Apartments, LLC, a Washington
limited liability company
By: _________________________
Melina Lin, Manager
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Page 7 of 13
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this ____ day of June, I certify that I know or have satisfactory evidence that Melina
Lin is the person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that she was authorized to execute the instrument and acknowledged it
as the Manager of MSRE Apartments, LLC, a Washington limited liability company, to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Printed Name:
Notary Public in and for the State of Washington
residing at
My commission expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this ____ day of February, I certify that I know or have satisfactory evidence that
_____________________ is the person who appeared before me, and said person acknowledged
that (s)he signed this instrument, on oath stated that he was authorized to execute the instrument
and acknowledged it as the ___________________ of the City of Auburn, a Washington municipal
corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Printed Name:
Notary Public in and for the State of Washington
residing at
My commission expires:
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EXHIBIT A
GRANTOR PROPERTY
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EXHIBIT B
GRANTEE PROPERTY
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EXHIBIT C
FIRE SERVICE EASEMENT AREA
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AUBURNVALUESS E R V I C EENVIRONMENTE C O N O M YC H A R A C T E RSUSTAINABILITYW E L L N E S SC E L E B R AT I O NMSRE APARTMENT, LLC / CITY OF AUBURNEASEMENT OVER, ACROSS, THROUGH AND UNDERCITY OF AUBURN PARCEL 733140-0135RESOLUTION 5637Josh Arndt - Legal DepartmentPage 77 of 93
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION MSRE Property -Red City Property -BlueLOCATION OF THE PROPERTIESPage 78 of 93
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION1.Access onto and across the City owned property between a public street to MSRE property2.Installing and maintaining a Fire Service Utility for the benefit of the MRSE propertyPURPOSE OF THE EASEMENTPage 79 of 93
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION MSRE to pay City of Auburn $186,000 for the rights granted in the easement Value is reflective of a Fair Market AppraisalEASEMENT VALUEPage 80 of 93
Legal DepartmentAUBURNVALUESS E R V I C EENVIRONMENTE C O N O M YC H A R A C T E RSUSTAINABILITYW E L L N E S SC E L E B R AT I O NJOSH ARNDTREAL ESTATE MANAGERJARNDT@AUBURNWA.GOV253.288.4325Page 81 of 93
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5638 (Martinson)
Date:
December 14, 2021
Department:
Human Resources
Attachments:
Resolution No. 5638
Exhibit A
Exhibit B
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5638.
Background for Motion:
This Resolution will authorize the extension of the King County District Court Lease
Agreement with the City for 90 days.
Background Summary:
Resolution No. 5638 authorizes the extension of the King County District Court Lease
Agreement with the City for 90 days.
Rev iewed by Council Committees:
Councilmember:Staff:Martinson
Meeting Date:December 20, 2021 Item Number:RES.D
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-----------------------------
Resolution No. 5638
December 15, 2021
Page 1 of 2
RESOLUTION NO. 5638
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
SIGN AN AMENDMENT TO THE CITY’S OFFICE SPACE
LEASE AGREEMENT WITH KING COUNTY
WHEREAS, in 2012 the City and King County (County) entered an Office
Space Lease Agreement (Lease), where County leased City real property located
at 340 East Main Street to operate a King County District Court facility. The
Lease term expires on December 31, 2021. A copy of the Lease is attached as
Exhibit A to this Resolution;
WHEREAS, the Lease parties intend to negotiate a long term renewal of
the Lease, but recent County staffing issues are preventing this negotiation in
advance of the Lease’s upcoming term expiration;
WHEREAS, the Lease parties seek to temporarily extend the Lease term
for 90 days to allow the County’s staffing issues to resolve and to enable the
Lease parties to renew the lease for a longer term; and
WHEREAS, the Lease provides that the parties may amend it by written
agreement. A proposed Lease amendment to accomplish the parties’ intended
90 day lease extension is attached as Exhibit B to this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to sign the 1st Amendment to
Office Space Lease Agreement, attached as Exhibit B to this Resolution;
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-----------------------------
Resolution No. 5638
December 15, 2021
Page 2 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of __________________, 2021.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
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1ST AMENDMENT TO OFFICE SPACE LEASE AGREEMENT
THIS 1ST AMENDMENT TO OFFICE SPACE LEASE AGREEMENT is made and
entered into by and between:
LESSOR (City):
City of Auburn
25 West Main Street,
Auburn, WA 98001 (City)
LESSEE (County):
King County
Real Estate Services
ADM-ES-0830
500 4th Ave., Room 830
Seattle, WA 98104-2337
-and-
King County District Court
516 3rd Ave. S., Room W-1034
Seattle, WA. 98104 (County)
Collectively, the City and County are referred to in this Amendment as the
"Parties."
I. RECITALS
1. In 2012, the Parties entered an Office Space Lease Agreement (Lease), where
County leased City real property located at 340 East Main Street to operate as a
King County District Court facility. After County’s exercise of a term option in the
Lease, the Lease term expires on December 31, 2021.
2. Recent staffing issues within the County have prevented the Parties from
negotiating a longer-term renewal of the Lease in advance of its upcoming term
expiration.
3. The Parties seek to temporarily extend the Lease for 90 days to allow the
County’s staffing issues to resolve and to enable the parties to renew the lease
for a longer term.
4. Paragraph 14(D) of the lease allows the Parties to amend the lease by written
agreement.
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II. 1st AMENDMENT TO OFFICE SPACE LEASE AGREEMENT
NOW THEREFORE in consideration of their mutual covenants, conditions and
promises, the Parties agree as follows:
1. Paragraph 1 of the Lease is amended to read:
1. Term. The term of this Lease shall commence on the
latest date of Execution of this Lease by the Parties and end
on March 31, 2022.
2. All other Lease terms shall remain the same.
3. This Amendment does not affect the validity of County’s December 30,
2016 notice of option to extend the Lease pursuant to the language in
Paragraph 1 of the Lease as written prior to this Amendment.
4. The Parties agree to take all required legislative and legal action to make
this Amendment effective, and it shall be effective on the latest date of
execution by the Parties.
LESSOR: CITY OF AUBURN
By: __________________________
Nancy Backus, Mayor
Date: ________________________
LESSEE: KING COUNTY
By: _________________________
Date: _______________________
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