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HomeMy WebLinkAbout06-21-2022 City Council AgendaCity Council Meeting June 21, 2022 - 7:00 PM City Hall Council Chambers and Virtual AGENDA Watch the meeting LIVE! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER II.PUBLIC PARTICIPATION 1.Public Participation The Auburn City Council Meeting scheduled for Tuesday, June 21, 2022 at 7:00 p.m. will be held in person and virtually. Virtual Participation Link: To view the meeting virtually please click the below link, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To listen to the meeting by phone or Zoom, please call the below number or click the link: Telephone: 253 215 8782 Toll Free: 888 475 4499 Zoom: https://us06web.zoom.us/j/84465877676 A.Pledge of Allegiance B.Roll Call III.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTAT IONS A.Proclamation - PTSD Awareness Month Mayor Backus to proclaim June 2022 as "PTSD Awareness Month" in the City of Auburn IV.AGENDA MODIFICATIONS V.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A.Public Hearings 1.Public Hearing for Ordinance No. 6862 City Council to hold a Public Hearing in consideration of Ordinance 6862 for Page 1 of 282 Inland Washington, LLC Street Payback Agreement PBK19-0001 2.Public Hearing for Ordinance No. 6863 City Council to hold a Public Hearing in consideration of Ordinance 6863 for Inland Washington, LLC Payback Agreement PBK19-0002 3.Public Hearing for Right-of-Way Vacation No. VAC21- 0003 City Council to hold a Public Hearing in consideration of Right-of-Way Vacation No. VAC21-0003 4.Public Hearing for the 2023-2028 Transportation Improvement Program City Council to hold a Public Hearing in consideration of 2023-2028 Transportation Improvement Program B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. 1.The public can participate in-person or submit written comments in advance. The public can provide comments in-person or submit written comments in advance of the scheduled meeting. Participants can submit written comments via mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350 words or less. Please mail written comments to: City of Auburn Attn: Shawn Campbell, City Clerk 25 W Main St Auburn, WA 98001 Please fax written comments to: Attn: Shawn Campbell, City Clerk Fax number: 253-804-3116 Email written comments to: publiccomment@auburnwa.gov If an individual requires an accommodation to allow for remote oral comment because of a difficulty attending a meeting of the governing body, the City requests notice of the need for accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can request an accommodation to be able to provide remote oral comment by contacting the City Clerk’s Office in person, by phone (253) 931-3039, or email to publiccomment@auburnwa.gov C.Correspondence - (T here is no correspondence for Council review.) VI.COUNCIL AD HOC COMMITTEE REPORTS Page 2 of 282 Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. 1.Finance Ad Hoc Committee (Chair Baggett) VII.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A.Minutes of the June 6, 2022 Regular City Council Meeting B.Claims Vouchers (Thomas) Claims voucher list dated June 21, 2022 which includes voucher numbers 468180 through 468382, in the amount of $5,120,721.78 and three wire transfers in the amount of $578,941.63 C.Payroll Voucher (Thomas) Payroll check numbers 539374 through 539381 in the amount of $76,806.85, electronic deposit transmissions in the amount of $2,676,979.90 also a special payroll for Police Commanders Retention Incentive payroll with electronic deposit transmission in the amount of $32,163.20 for a grand total of $2,785,949.95 for the period covering June 2, 2022 to June 15, 2022 D.Public Works Project No. CP2006/CP2007 (Gaub) Approve an increase of $20,000.00 in the total maximum authorized contract amount for Public Works Contract No. 21-29; Construction of Project No. CP2006/2007 - 3rd Street SW and Lea Hill Bridge Deck Preservation (RECOMMENDED ACTION: Move to approve the Consent Agenda.) VIII.UNFINISHED BUSINESS IX.NEW BUSINESS X.ORDINANCES A.Ordinance No. 6854 (Gaub) An Ordinance vacating Right-of-Way of a portion of M Street NW, north of 15th Street NW, together with a portion of 29th Street NW, east of M Street NW (RECOMMENDED ACTION: Move to adopt Ordinance No. 6854.) B.Ordinance No. 6862 (Gaub) An Ordinance authorizing a payback agreement for half-street improvements between the City of Auburn and Inland Washington, LLC (RECOMMENDED ACTION: Move to adopt Ordinance No. 6862.) C.Ordinance No. 6863 (Gaub) An Ordinance authorizing a payback agreement for a traffic signal between the City of Page 3 of 282 Auburn and Inland Washington, LLC (RECOMMENDED ACTION: Move to adopt Ordinance No. 6863.) D.Ordinance No. 6860 (Thomas) An Ordinance amending sections within Chapter 3.53 of the Auburn City Code, related to City Business and Occupation (B&O) Tax, clarifying definitions, taxpayer classifications, and tax exemptions (RECOMMENDED ACTION: Move to adopt Ordinance No. 6860.) E.Ordinance No. 6861 (Thomas) An Ordinance amending Chapter 3.54 of the Auburn City Code, related to City Business and Occupation (B&O) Tax Administration: (1) Amending certain sections to clarify terms, definitions, and the calculation of tax overpayment interest; and (2) Adding a new section related to administrative tax assessments and penalties for unregistered City businesses (RECOMMENDED ACTION: Move to adopt Ordinance No. 6861.) F.Ordinance No. 6870 (Thomas) An Ordinance amending Chapter 3.88 of the Auburn City Code, related to utility service tax administration, deductions and filing requirements, and adding a new section defining chapter terms (RECOMMENDED ACTION: Move to adopt Ordinance No. 6870.) G.Ordinance No. 6872 (Thomas) An Ordinance amending Chapter 3.41 of the Auburn City Code, related to Garbage Utility Tax and adding new sections defining chapter terms, tax filing frequencies, eligible deductions, and provisions for overpayment of tax (RECOMMENDED ACTION: Move to adopt Ordinance No. 6872.) H.Ordinance No. 6873 (Thomas) An Ordinance amending Chapter 3.42 of the Auburn City Code, related to cable television utility tax and adding a new section related to tax filing frequencies (RECOMMENDED ACTION: Move to adopt Ordinance No. 6873.) I.Ordinance No. 6874 (Thomas) An Ordinance amending Chapter 3.80 of the Auburn City Code, related to gambling activities, tax filing frequencies, and adding a new section defining chapter terms (RECOMMENDED ACTION: Move to adopt Ordinance No. 6874.) J.Ordinance No. 6875 (Thomas) An Ordinance amending Chapter 3.84 of the Auburn City Code, related to telephone business chapter terms, tax filing frequencies, and deductions from tax (RECOMMENDED ACTION: Move to adopt Ordinance No. 6875.) Page 4 of 282 XI.RESOLUTIONS A.Resolution No. 5671 (Gaub) A Resolution approving and adopting the 2023-2028 transportation improvement program of the City of Auburn (RECOMMENDED ACTION: Move to adopt Resolution No. 5671.) B.Resolution No. 5672 (Caillier) A Resolution declaring an Auburn Police Department firearm as surplus property and approving its transfer to Rainier Arms, LLC (RECOMMENDED ACTION: Move to adopt Resolution No. 5672.) C.Resolution No. 5673 (Comeau/Gaub/Tate) A Resolution authorizing staff to prepare and file a Notice of Intention with the King County Boundary Review Board (RECOMMENDED ACTION: Move to adopt Resolution No. 5673.) XII.MAYOR AND COUNCILMEMBER REPORT 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 Mayor XIII.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 5 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for Ordinance No. 6862 Date: June 8, 2022 Department: Public Works Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to hold a public hearing in consideration of Ordinance 6862 Inland Washington, LLC Street Payback Agreement #PBK19-0001. See Ordinance No. 6862 for further action on this item. Background for Motion: Background Summary: Inland Washington, LLC has constructed half-street improvements along D Street NE between 49th Street NE and Auburn Way N, which benefit three properties. The improvements include pavement, curb and gutter, sidewalk, street lighting, and storm drainage. This improvement benefits other properties and is eligible for a Payback Agreement. The Agreement would provide reimbursement to the developer when those benefitted properties benefit from the improvement, as they develop or redevelop and trigger the requirement to build half-street improvements. Auburn City Code 3.25.080 requires the City to conduct a public hearing to consider an ordinance approving the payback agreement, to notify all property owners within the proposed reimbursement assessment area of the public hearing, and to allow them time to comment on the proposed agreement. The date of the public hearing was set by Auburn City Council on May 16, 2022. Benefited properties were provided notification of the payback agreement and the public hearing on May 23, 2022. Staff presented further background and information at the Council Study Session on June 13, 2022. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:PH.1 Page 6 of 282 Page 7 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for Ordinance No. 6863 Date: June 8, 2022 Department: Public Works Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to hold a public hearing in consideration of Ordinance 6863 for Inland Washington, LLC, Payback Agreement PBK19-0002. See Ordinance No. 6863 for further action on this item. Background for Motion: Background Summary: Inland Washington, LLC has constructed a traffic signal at the intersection of 49th Street NE and Auburn Way N. This traffic signal improves access to other properties which, when developed or re-developed, will benefit from this improvement and is eligible for a Payback Agreement. The Agreement would provide reimbursement to the developer when those benefitted properties benefit from the improvement, as they develop or redevelop and trigger the requirement to build half-street improvements. Auburn City Code 3.25.080 requires the City to conduct a public hearing to consider an ordinance approving the payback agreement, to notify all property owners within the proposed reimbursement assessment area of the public hearing, and to allow them time to comment on the proposed agreement. The date of the public hearing was set by Auburn City Council on May 16, 2022. Benefited properties were provided notification of the payback agreement and the public hearing on May 23, 2022. Staff presented further background and information at the Council Study Session on June 13, 2022. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:PH.2 Page 8 of 282 Page 9 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for Right-of-Way Vacation No. VAC21-0003 Date: May 19, 2022 Department: Public Works Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to hold a Public Hearing in consideration of Right-of-Way Vacation No. VAC21- 0003. See Ordinance No. 6854 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 VAC21-0003 for the right-of-way of a portion of M Street NW, north of 15th Street NW, and a portion of 29th Street NW, east of M Street NW. The date of the public hearing was set by Resolution No. 5655 on May 2, 2022. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:PH.3 Page 10 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for the 2023-2028 Transportation Improvement Program Date: June 10, 2022 Department: Public Works Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to hold a public hearing in consideration of adoption of the 2023-2028 Transportation Improvement Program. See Resolution No. 5671 for further action on this item. Background for Motion: Background Summary: The Transportation Improvement Program (TIP) is a multiyear planning tool and document for the development of transportation facilities within the City and does not represent a financial commitment by the City. Once the TIP is approved, projects are budgeted and funded through the City’s biennial budget. The TIP sets priorities for the allocation secured and unsecured funding and is a prerequisite of most grant programs. Staff also uses the TIP to coordinate future transportation projects with needed utility improvements. The projects and programs identified in the TIP that increase the capacity of the transportation system to address growth and development provide the basis for the City’s transportation impact fee program. Projects must also be included in the TIP to be eligible for state and federal grant funding. RCW 35.77.010 requires that the TIP is amended by June 30 each year. The date of the public hearing was set by consent on June 6, 2022. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:PH.4 Page 11 of 282 Page 12 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the June 6, 2022 Regular City Council Meeting Date: June 16, 2022 Department: Administration Attachments: 06-06-2022 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Background for Motion: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:June 21, 2022 Item Number:CA.A Page 13 of 282 City Council Meeting June 6, 2022 - 7:00 PM City Hall Council Chambers and Virtual MINUTES Watch the meeting LIVE! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER II.PUBLIC PARTICIPATION The City Council Meeting was held in person and virtually. A.Pledge of Allegiance Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street and led those in attendance in the Pledge of Allegiance. B.Roll Call Councilmembers present: Deputy Mayor Jeyaraj, Bob Baggett, Kate Baldwin, Larry Brown, Robyn Mulenga and Chris Stearns. Councilmember Yolonda Trout-Manuel was excused. Department directors and staff members present included: Senior City Staff Attorney Harry Boesche, Director of Public Works Ingrid Gaub, Director of Innovation and Technology David Travis, Director of Finance Jamie Thomas, Chief of Police Mark Caillier, Director of Parks, Arts and Recreation Daryl Faber, Director of Administration Dana Hinman, Real Estate Manager Josh Arndt, Development Services Manager Jason Krum, DEI Program Manager Brenda Goodson-Moore and City Clerk Shawn Campbell were in Chambers. III.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTAT IONS A.Proclamation - Dr. Stephen H. Anderson Retirement Day Mayor Backus to proclaim July 6, 2022 as the "One-Year Anniversary of Dr. Stephen H. Anderson's Retirement Day'" in the City of Auburn. Mayor Backus proclaimed July 6, 2022 as the "One-Year Anniversary of Dr. Stephen H. Anderson's Retirement Day'" in the City of Auburn. Dr. Anderson stated he was honored to work in the emergency department for the last 35 years. He thanked Multicare, Cascade Physicians, Mayor Backus and Council, his family, and Pat Bailey for their support and dedication. Page 1 of 7Page 14 of 282 B.Proclamation - Juneteenth 2022 Mayor Backus to proclaim June 20, 2022 as "Juneteenth 2022" in the City of Auburn. Mayor Backus proclaimed June 20, 2022 as "Juneteenth 2022" in the City of Auburn. Manager Goodson-Moore read a quote from President Biden regarding Juneteenth. C.Proclamation - LGBTQ+ Pride Month Mayor Backus to proclaim June 2022 as "LGBTQ+ Pride Month" in the City of Auburn. Mayor Backus proclaimed June 2022 as "LGBTQ+ Pride Month" in the City of Auburn. IV.AGENDA MODIFICATIONS There were no modifications to the agenda. V.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A.Public 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.The public can participate in-person or submit written comments in advance. Yeanette Huitt - 1107 A Street NE, Auburn Ms. Hewett expressed concerns regarding the Reserve apartment complex she resides in. Mary Starr - 1107 A Street NE, Auburn Ms. Starr expressed concerns regarding the Reserve apartment complex. Melissa Hvatum - 1107 A Street NE, Auburn Ms. Hvatum expressed concerns regarding the Reserve apartment complex. Daren Babtist 1424 15th ST SE, Auburn Mr. Babtist and the other members of Boy Scout Troup 401 invited Mayor Backus to their 100 year anniversary. Mike Altig - 1107 A Street NE, Auburn Mr. Altig expressed concerns regarding living at the Reserve. Page 2 of 7Page 15 of 282 Sandy Calelican - 1107 A Street NE, Auburn Ms. Calelican expressed concerns regarding concerns living at the Reserve. Sominie Christian - 1107 A Street NE, Auburn Ms. Christian expressed concerns regarding living at the Reserve. Martin Gross - 1107 A Street NE, Auburn Mr. Gross expressed concerns regarding safety concerns regarding living at the Reserve. Larry - 1107 A Street NE, Auburn Larry expressed concerns regarding safety living at the Reserve. Bob Zimmerman 33029 46th PL S, Auburn Mr. Zimmerman expressed concerns regarding propane safety. C.Correspondence There was no correspondence for Council to review. VI.COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. 1.Finance Ad Hoc Committee (Chair Baggett) Councilmember Baggett, Chair of the Finance ad hoc committee, reported he and Councilmember Baldwin have reviewed the claims and payroll vouchers described on the agenda this evening and recommended their approval. VII.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A.Minutes of the May 16, 2022 Regular City Council Meeting B.Minutes of the May 23, 2022 Study Session C.Claims Vouchers (Thomas) Claims voucher list dated June 6, 2022 which includes voucher numbers 468007 through 468179, in the amount of $4,073,804.86 and eight wire transfers in the amount of $770,110.06 D.Payroll Voucher (Thomas) Payroll check numbers 539370 through 539373 in the amount of $553,485.82, Page 3 of 7Page 16 of 282 electronic deposit transmissions in the amount of $2,234,487.97, also a special payroll for Police Commissioned Comp Payout with electronic deposit transmission in the amount of $39,390.03 for a grand total of $2,827,363.82 for the period covering May 12, 2022 to June 1, 2022 E.Setting date for Public Hearing for 2023-2028 Transportation Improvement Program (Gaub) City Council to set the date of the Public Hearing for the 2023-2028 Transportation Improvement Program F.Public Works Project No. CP2102 (Gaub) City Council to approve an increase of $225,000.00 in the total maximum authorized contract amount for Public Works Contract No. 21-33; Construction of Project No. CP2102 4th Street SE Preservation – Auburn Way South to L Street SE Deputy Mayor Jeyaraj moved and Councilmember Brown seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 6-0 VIII.UNFINISHED BUSINESS There was no unfinished business. IX.NEW BUSINESS There was no new business. X.ORDINANCES A.Ordinance No. 6859 (Gaub) An Ordinance amending Ordinance 6759 and extending the deadline to complete conditions associated with vacating Right-of-Way of a portion of the alley north of 3rd Street NE between B Street NE and Auburn Avenue within the City of Auburn Councilmember Brown moved and Councilmember Stearns seconded to adopt Ordinance No. 6859. MOTION CARRIED UNANIMOUSLY. 6-0 B.Ordinance No. 6865 (Tate) An Ordinance amending Ordinance No. 4456 to permit “Live/Work” land use for one parcel and consistency with current C-3, Heavy Commercial Zone Councilmember Stearns moved and Deputy Mayor Jeyaraj seconded to adopt Ordinance No. 6865. MOTION CARRIED UNANIMOUSLY. 6-0 C.Ordinance No. 6866 (Caillier/Comeau) An Ordinance amending sections of the Auburn City Code, to conform to RCW Page 4 of 7Page 17 of 282 changes resulting from ESSHB 1320 Deputy Mayor Jeyaraj moved and Councilmember Mulenga seconded to adopt Ordinance No. 6866. MOTION CARRIED UNANIMOUSLY. 6-0 D.Ordinance No. 6867 (Caillier/Comeau) An Ordinance repealing Section 9.34.030 of the Auburn City Code, related to discharging firearms within the City Councilmember Baldwin moved and Deputy Mayor Jeyaraj seconded to adopt Ordinance No. 6867. MOTION CARRIED UNANIMOUSLY. 6-0 E.Ordinance No. 6869 (Caillier/Comeau) An Ordinance amending Section 10.36.263 of the Auburn City Code, related to continuous or multiple vehicle parking violations on City owned or controlled property Councilmember Mulenga moved and Deputy Mayor Jeyaraj seconded to adopt Ordinance No. 6869. MOTION CARRIED UNANIMOUSLY. 6-0 F.Ordinance No. 6871 (Backus) An Ordinance amending Section 2.63.010 of the Auburn City Code, to recognize Juneteenth and Native American Heritage Day as City legal holidays Deputy Mayor Jeyaraj moved and Councilmember Baldwin seconded to suspend City Council Procedure Rule 3.1(N)(2) requiring any Ordinance to be included on a Study Session agenda prior to being included in a Council Meeting agenda for consideration. MOTION CARRIED UNANIMOUSLY. 6-0 Councilmember Stearns moved and Councilmember Mulenga seconded to adopt Ordinance No. 6871. MOTION CARRIED UNANIMOUSLY. 6-0 XI.RESOLUTIONS A.Resolution No. 5667 (Gaub) A Resolution accepting the Hazard Mitigation Grant for the Reservoirs 4 and 8 Seismic Retrofits Project Deputy Mayor Jeyaraj moved and Councilmember Baldwin seconded to adopt Resolution No. 5667. MOTION CARRIED UNANIMOUSLY. 6-0 Page 5 of 7Page 18 of 282 B.Resolution No. 5668 (Faber) A Resolution authorizing an updated Interlocal Cooperation Agreement with King County for the purpose of accepting funds in the amount of $83,050.00 to reimburse the City for Property Purchases for Salmon Habitat Councilmember Brown moved and Councilmember Stearns seconded to adopt Resolution No. 5668. MOTION CARRIED UNANIMOUSLY. 6-0 C.Resolution No. 5669 (Comeau/Faber) A Resolution approving the Purchase and Sale Agreement for the City’s acquisition of real property, King County Parcel Number 0489000085 Councilmember Baldwin moved and Councilmember Mulenga seconded to adopt Resolution No. 5669. MOTION CARRIED UNANIMOUSLY. 6-0 XII.MAYOR AND COUNCILMEMBER REPORT 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 Jeyaraj reported he attended the Memorial Day Service celebrations. Councilmember Baldwin reported she attended the Memorial Day Service celebrations and the Sound Cities Meeting. Councilmember Stearns reported the WRIA 9 Committee is seeking youth members. B.From the Mayor Mayor Backus reported she participated in the Sound Transit CEO selection panel, attended a luncheon at King County, King County Regional Homelessness Authority Meeting, and the Memorial Day Celebrations. XIII.ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:12 p.m. APPROVED this 21st day of June, 2022. ____________________________ ____________________________ NANCY BACKUS, MAYOR Shawn Campbell, City Clerk Page 6 of 7Page 19 of 282 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 7 of 7Page 20 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers (Thomas) Date: June 15, 2022 Department: Finance Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Approve Claim Vouchers. Background for Motion: Background Summary: Claims voucher list dated June 21, 2022 which includes voucher numbers 468180 through 468382, in the amount of $5,120,721.78 and three wire transfers in the amount of $578,941.63 Reviewed by Council Committees: Councilmember:Staff: Meeting Date:June 21, 2022 Item Number:CA.B Page 21 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Voucher (Thomas) Date: June 15, 2022 Department: Finance Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Approve Payroll Vouchers. Background for Motion: Background Summary: Payroll check numbers 539374 through 539381 in the amount of $76,806.85, electronic deposit transmissions in the amount of $2,676,979.90 also a special payroll for Police Commanders Retention Incentive payroll with electronic deposit transmission in the amount of $32,163.20 for a grand total of $2,785,949.95 for the period covering June 2, 2022 to June 15, 2022. Reviewed by Council Committees: Councilmember:Staff: Meeting Date:June 21, 2022 Item Number:CA.C Page 22 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP2006/CP2007 (Gaub) Date: June 10, 2022 Department: Public Works Attachments: Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Approve an increase of $20,000.00 in the total maximum authorized contract amount for Public Works Contract No. 21-29; Construction of Project No. CP2006/2007 - 3rd Street SW and Lea Hill Bridge Deck Preservation. Background for Motion: Background Summary: Auburn City Code (ACC) Chapter 3.10 specifies the total maximum authorized contract amount for public work contracts based on contract value. The maximum authorized contract amount includes the original contract amount plus an authorized contingency. The code allows for administrative approval of change order work within the authorized contingency amount. If additional contingency exists within the overall project budget, the code also allows the City Council to increase the total maximum authorized contract amount, which is an increase to the authorized contingency available for administrative approval. CP2006/2007 - 3rd Street SW and Lea Hill Bridge Deck Preservation project includes two project locations. The first location is at the Lea Hill Bridge, where bridge deck surface was replaced, and expansion joints repaired in May 2022. The second location is at the 3rd Street SW Bridges, where the bridge decks will be cleaned, cracks repaired, and the bridge surfaces will be sealed. The purpose of this project is to preserve and prolong the overall service life of these critical bridge structures. During construction at the Lea Hill Bridge, the authorized construction contingencies were mostly expended due to several unforeseen field conditions that required mitigation. Specifically, we found additional cracking in the bridge surface after removing the top layer of the deck surface and the existing asphalt pavement was failing at one end of the bridge and needed to be replaced. The preservation work on the 3rd Street SW bridges is tentatively scheduled to start on July 8, 2022. This bridge work requires a full closure of 3rd Street SW which includes the closure of the WSDOT’s on-ramp to westbound SR18, a WSDOT limited access area. Due to traffic volumes and the duration of the work, WSDOT has required this road closure to occur during a weekend. An increase in the total authorized contract amount would ensure that the construction contingencies are available to respond immediately and Page 23 of 282 continue work without delay, during the weekend roadway closure, if unforeseen field conditions are encountered. Without the additional construction contingency, we risk additional costs and delays if we encounter unforeseen conditions and are not able to complete the work during the planned weekend closure. This work also requires extensive coordination with WSDOT and scheduling around events at the White River Amphitheatre. The increase in the total authorized contract amount of $20,000.00 and is available within the existing overall project budget, which is funded by a grant. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:CA.D Page 24 of 282 2,666.7 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet2,666.71,333.30 1:16,000 CP2006/2007 - 3rd Street SW and Lea Hill Bridge Deck Preservation 1in =1,333 ft 6/10/2022Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Lea Hill Bridge 3rd St. SW Bridges Project Locations Page 25 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6854 (Gaub) Date: May 19, 2022 Department: Public Works Attachments: Ordinance No. 6854 Exhibit A Exhibit B Staff Report Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6854. Background for Motion: This Ordinance vacates a portion of M Street NW, north of 15th Street NW, and a portion of 29th Street NW, east of M Street NW, which staff has determined is no longer needed. This vacation is also subject to conditions outlined in the Ordinance. Background Summary: The City of Auburn has determined that a portion of right-of-way of M Street NW, north of 15th Street NW and a portion of right-of-way of 29th Street NW, east of M Street NW (ROW Vacation Area) are no longer required to meet the needs of the City. In addition, the rights-of- way have been used for illegal parking, litter dumping and vandalism which the City is continually responsible for addressing. On January 18, 2022, City Council adopted Ordinance No. 6847 that modified Chapter 10.28 of the Auburn City Code to restrict the proposed ROW Vacation Area to all vehicular and non- vehicular traffic except for the purpose of accessing utilities and properties by their owners and authorized guests in order to address illegal dumping issues. Subsequently, a locked gate was installed across M Street NW to limit access to the ROW Vacation Area. The proposed ROW Vacation Area of M Street NW became ROW when it was acquired by the State for the construction of SR-167 in 1969. This area was subsequently conveyed to the City of Auburn from the State through Governor’s Deed in 1974. The north 30 feet of the proposed ROW Vacation area of 29th Street NW was dedicated as a public street by the Plat of Christopher Garden Tracts in 1919. The south 20 feet of the proposed ROW Vacation Area of 29th Street NW was acquired by King County as right-of-way sometime between 1889 and 1919. City staff, utility providers, and abutting property owners who have an interest in this right-of- way have reviewed the proposed right-of-way vacation. Through this review, City staff has determined that the right-of-way is no longer necessary to meet the needs of the City and could be vacated with conditions. Page 26 of 282 Ordinance No. 6854, if adopted by City Council approves Right-of-Way Vacation No. VAC21- 0003 and vacates the right-of-way subject to conditions outlined in the Ordinance. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:ORD.A Page 27 of 282 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6854 ROW Vacation VAC21-0003 May 18, 2022 Page 1 of 6 ORDINANCE NO. 6854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF A PORTION OF M STREET NW, NORTH OF 15TH STREET NW, TOGETHER WITH A PORTION OF 29TH STREET NW, EAST OF M STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn, Washington (“City”), has determined through an evaluation of its needs for streets and rights-of-ways located in the vicinity of a portion of M Street NW, north of 15th Street NW, together with a portion of 29th Street NW, east of M Street NW may no longer be needed to meet the needs of the City and that a public hearing should be set to determine if said right-of-way should be vacated; and, WHEREAS, a request for vacation of said right-of-way was circulated to Puget Sound Energy, CenturyLink, Comcast, WSDOT, all adjacent property owners and City Departments and comments were received; and WHEREAS, the City Council approved Resolution No. 5655 on May 2, 2022 calling for a public hearing; and WHEREAS, as required by Chapter 12.48 of the Auburn City Code and RCW 35.79.020, 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 21st day of June, 2022, at the Auburn City Council Chambers in Auburn, Washington. Page 28 of 282 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6854 ROW Vacation VAC21-0003 May 18, 2022 Page 2 of 6 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 M Street NW, north of 15th Street NW, together with a portion of 29th Street NW, east of M Street NW, located within the City of Auburn, Washington, legally described on Exhibit “A”, a copy of which is attached, and as shown on the survey marked Exhibit “B”, a copy of which is attached, 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, storm water facilities, and street lights, including street light conduits and power cabinets, and including a reservation in favor of the City of the right to grant easements for utilities over, under and on all portions of the vacated right-of-way as described above. The City shall have the absolute right, at times as may be necessary for 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 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, Page 29 of 282 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6854 ROW Vacation VAC21-0003 May 18, 2022 Page 3 of 6 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. 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. B. 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. C. In accordance with RCW 35.79.030, the City grants a private utility Page 30 of 282 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6854 ROW Vacation VAC21-0003 May 18, 2022 Page 4 of 6 easement to Tacoma Water 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. D. In accordance with RCW 35.79.030, the City hereby reserves in favor of Parcel Nos. 1580600090, 1580600091, 0121049034, 0121049014, 1221049005, and 1221049041 abutting the vacated right-of-way as described above a perpetual nonexclusive access easement under, over, through and across the vacated right-of-way as described above for the purposes of pedestrian, vehicular, individual adjacent parcel access, and adjacent private property access. The owners of the adjacent property agree not to erect any structures on said easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee’s rights herein. 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 Page 31 of 282 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6854 ROW Vacation VAC21-0003 May 18, 2022 Page 5 of 6 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 existing roadway surface within the vacated right-of-way shall inure and be jointly owned and maintained by those persons entitled to receive the property lying within the vacated right-of-way in accordance with RCW 35.79.040. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Page 32 of 282 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6854 ROW Vacation VAC21-0003 May 18, 2022 Page 6 of 6 Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor, 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 33 of 282 EXHIBIT A RIGHT OF WAY VACATION LEGAL DESCRIPTION FRONTAGE ROAD (M STREET NW) AND 29TH STREET NW THAT PORTION OF FRONTAGE ROAD, ALSO KNOWN AS ‘M’ STREET NORTHWEST, ADJOINING STATE HIGHWAY SR-167 ON THE EAST AS CONVEYED TO THE CITY OF AUBURN ACCORDING TO GOVERNOR’S DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 7402270280 SITUATED IN THE SOUTHWEST QUARTER OF SECTION 1 AND IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF AUBURN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1, CITY OF AUBURN SHORT PLAT NUMBER SPL0015-90 RECORDED UNDER KING COUNTY RECORDING NUMBER 9111040979, ALSO BEING A POINT ON THE EAST RIGHT OF WAY MARGIN OF SAID FRONTAGE ROAD; THENCE SOUTH 85⁰55’51” WEST A DISTANCE OF 60.00 FEET TO THE WEST RIGHT OF WAY MARGIN OF SAID FRONTAGE ROAD; THENCE ALONG SAID WEST MARGIN NORTH 04⁰04’09” WEST A DISTANCE OF 556.46 FEET; THENCE CONTINUING ALONG SAID WEST MARGIN PARALLEL WITH THE CENTERLINE OF STATE HIGHWAY SR-167 NORTH 01⁰21’28” EAST A DISTANCE OF 3027.77 FEET TO THE NORTH RIGHT OF WAY MARGIN OF SAID FRONTAGE ROAD ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF THE BONNEVILLE POWER ADMINISTRATION’S EXISITNG 262.5-FOOT WIDE COVINGTON-TACOMA TRANSMISSION LINE EASEMENT AS CONVEYED IN INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NUMBERS 3137078, 3246546 AND 549805 AND AS SHOWN IN THAT RECORD OF SURVEY RECORDED UNDER KING COUNTY RECORDING NUMBER 8007099001; THENCE ALONG SAID NORTH MARGIN NORTH 61⁰06’12” EAST A DISTANCE OF 69.46 FEET TO THE EAST RIGHT OF WAY MARGIN OF SAID FRONTAGE ROAD; THENCE ALONG SAID EAST MARGIN PARALLEL WITH THE CENTERLINE OF STATE HIGHWAY SR-167 SOUTH 01⁰21’28” WEST A DISTANCE OF 612.31 FEET; THENCE CONTINUING ALONG SAID EAST MARGIN THE FOLLOWING 3 COURSES: SOUTH 86⁰28’00” EAST A DISTANCE OF 41.52 FEET; SOUTH 03⁰32’00” WEST A DISTANCE OF 90.00 FEET; NORTH 86⁰28’00” WEST A DISTANCE OF 38.10 FEET; THENCE CONTINUING ALONG SAID EAST MARGIN PARALLEL WITH THE CENTERLINE OF STATE HIGHWAY SR-167 SOUTH 01⁰21’28” WEST A DISTANCE OF 2357.55 FEET THENCE CONTINUING ALONG SAID EAST MARGIN SOUTH 04⁰04’09” EAST A DISTANCE OF 553.61 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 219,516 SQUARE FEET (5.04 ACRES), MORE OR LESS Page 1 of 2 Page 34 of 282 TOGETHER WITH THAT PORTION OF 29TH STREET NORTHWEST, BEING A RIGHT OF WAY 50.00 FEET IN WIDTH, SITUATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT D, CITY OF AUBURN SHORT PLAT NUMBER SP-2-79 RECORDED UNDER KING COUNTY RECORDING NUMBER 7902141432 ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY MARGIN OF 29TH STREET NORTHWEST BEING THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 1; THENCE ALONG SAID SOUTH MARGIN SOUTH 86⁰28’00” EAST A DISTANCE OF 40.50 FEET; THENCE NORTH 03⁰32’00” EAST A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT OF WAY MARGIN OF 29TH STREET NORTHWEST ACCORDING TO THE PLAT OF CHRISTOPHER GARDEN TRACTS, VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY; THENCE ALONG SAID NORTH MARGIN NORTH 86⁰28’00” WEST A DISTANCE OF 709.43 FEET TO THE EAST RIGHT OF WAY MARGIN OF FRONTAGE ROAD ACCORDING TO GOVERNOR’S DEED RECORDED UNDER RECORDING NUMBER 7402270280; THENCE ALONG SAID EAST MARGIN OF FRONTAGE ROAD SOUTH 03⁰32’00” EAST A DISTANCE OF 50.00 FEET TO SAID SOUTH MARGIN OF 29TH STREET NORTHWEST; THENCE ALONG SAID SOUTH MARGIN SOUTH 86⁰28’00” EAST A DISTANCE OF 668.938 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 35,472 SQUARE FEET (0.81 ACRES), MORE OR LESS. THE BASIS OF BEARINGS FOR THE ABOVE DESCRIPTIONS IS NORTH 01⁰21’28” EAST BEING THE CALCULATED CENTERLINE OF SR-167 AS DETERMINED FROM ENGINEER’S STATION 598+60.63 TO STATION 651+24.39 ACCORDING TO WSDOT PLANS SR-167 MP 13.66 to MP 17.42 AUBURN 17TH ST. SW TO S. 285TH ST. SHEETS 7 AND 8 OF 14. Page 2 of 2 03/17/2022 Page 35 of 282 03/08/2022Exhibit BPage 36 of 282 03/08/2022Page 37 of 282 03/08/2022Page 38 of 282 03/08/2022Page 39 of 282 03/08/2022 Page 40 of 282 1 of 5 May 18, 2022 VAC21-0003 Staff Report RIGHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number VAC21-0003 Applicant: City Initiated Property Location: Right-of-Way located M Street NW and 29th St NW, north of 15th Street NW and east of SR-167. Description of right-of-way: This rights-of-way (ROW) proposed for vacation consists of M Street NW (Frontage Road) being 60 feet in width, north of 15th Street NW to the south line of the BPA Transmission Line easements, and 29th Street NW, being 50 feet in width, east of M St NW to the approximate west bank of Mill Creek. The M Street NW ROW proposed for vacation is bound by SR-167 adjacent on the west side, Parcel No. 1580600090 adjacent on the north side, and Parcel Nos. 1580600090, 1580600091, 0121049034, 0121049014, 1221049005, and 1221049041 adjacent on the east side. The total proposed vacation area of the M Street NW ROW is approximately 219,516 square feet (5.04 acres). The proposed vacation Area of M St NW became ROW when it was acquired by the State for the construction of SR-167 through King County Superior Cause Nos. 718093 and 718254 and as depicted on WSDOT SR-167 Plans MP 13.66 to MP 17.42 AUBURN 17TH ST. SW to S. 285TH ST, Sheets 7 and 8 of 14, dated January 28, 1971. This ROW area was subsequently conveyed to the City of Auburn from the State through Governor’s Deed under King County Recording No. 7402270280, dated February 6, 1974. The 29th Street NW ROW proposed for vacation is bound by M Street NW on the west, Parcel Nos.1580600090 and 1580600091 on the north, Parcel No. 0121049034 on the south and the approximate west bank of Mill Creek on the east (15 feet west of the existing bridge joint). The total proposed vacation area of the 29th Street NW ROW is approximately 35,472 square feet (0.81 acres). The north 30 feet of the proposed Vacation Area of 29th Street NW was dedicated for public street and for public highway purposes by the Plat of Christopher Garden Tracts Page 41 of 282 2 of 5 May 18, 2022 VAC21-0003 Staff Report on April 9, 1919, recorded in Vol. 23 of Plats at Page 6, Records of King County, Washington. The South 20 feet of the proposed Vacation Area of 29th Street NW appears to have been acquired by King County as right-of-way sometime between the November 13, 1889, establishment of D. Shanker Road, County Road No. 254 and the April 9, 1919, recording of the aforementioned Christopher Garden Tracts, which depicts the south 20 feet as existing ROW. Extensive Survey archival research and title company support have yet to locate or acquire a recorded conveyance document for the south 20 feet as ROW; however, in addition to the Christopher Garden Tracts plat, COA Short Plat 2-79 under KC Rec. No. 7902141432 and Records of Survey under KC Rec. Nos. 7903169012, 8007099001 and 20170110900009 depict the subject area as such. The full ROW area, 50 feet in width, was subsequently acquired by the City of Auburn through Annexation Ordinance 1913, passed June 6, 1966, and effective June 20, 1966. See Exhibit “A” for legal description and survey. Proposal: The City is proposing that the ROW be vacated so that the road can be permanently closed. The ROW provides access to properties and utilities that do not currently require, or benefit from, general public access. Additionally, the ROW crossing Mill Creek at the east boundary of the proposed vacation of 29th St NW is closed due to its condition and provides no connectivity to the City street network for public access benefit. The proposed ROW vacation area has been used to illegally dump inoperable vehicles, trash and other waste material in, and adjacent to, the public right-of-way. The illegal dumping has presented an on-going potential threat to the sensitive environmental areas along the ROW as well as significant financial burden to the City and adjacent property owners. On January 18, 2022, City Council adopted Ordinance No. 6847 that modified Chapter 10.28 of the Auburn City Code to restrict the ROW to all vehicular and non-vehicular traffic except for the purpose of accessing utilities and properties by their owners and authorized guests in order to address illegal dumping issues. Subsequently, a locked gate was installed across M Street NW to limit access to the ROW Vacation Area. The proposed vacation of M St NW and 29th St NW, if approved, would turn the right-of- way back into private property and it would attach to those adjacent parcels that are entitled to receive it. This would allow property owners to better secure their properties from unwanted trespassing, illegal dumping, and vandalism. After vacation, the roadway surface within the vacated right of way area would be owned and maintained by the property owners. Page 42 of 282 3 of 5 May 18, 2022 VAC21-0003 Staff Report Applicable Policies & Regulations:  RCW’s applicable to this situation - meets requirements of RCW 35.79.  MUTCD standards - not affected by this proposal.  City Code or Ordinances - meets requirements of ACC 12.48.  Comprehensive Plan Policy - not affected.  City Zoning Code - not affected. Public Benefit:  Adjacent property owners can secure their property from unwanted trespassing and vandalism.  The street vacation decreases the right-of-way maintenance obligation of the City, including cleanup and removal of abandoned vehicles and litter.  Vacated Right-of-Way areas typically have a financial benefit to the general public because the vacated areas are subject to property taxes Discussion: The City initiated vacation proposal was circulated to Puget Sound Energy (PSE), Tacoma Water, Comcast, CenturyLink, adjacent property owners, and City staff. 1. Puget Sound Energy (PSE) – Comments from PSE were received and PSE does not have any existing facilities in the proposed vacation area and does not require easements for such purposes. However, PSE does require an access easement to serve their adjacent property through the proposed vacation area for secondary emergency access to their substation. 2. Tacoma Water – Comments from Tacoma Water were received requesting an easement be reserved for facilities currently located in the proposed vacation area. Tacoma Water also requires an access easement to serve their adjacent property through the proposed vacation area. 3. Comcast – Comments from Comcast were received and Comcast has no cable system facilities in either the M St NW or the 29th St NW right-of-way vacation areas. Comcast does not need an easement within the vacation areas for future use. 4. CenturyLink – Comments from CenturyLink were received requesting an easement be reserved for facilities currently located in the right-of-way. 5. WSDOT – No comments from WSDOT were received. 6. Engineering – Engineering supports the proposed vacation as the vacation area provides no current or future connectivity to the City’s transportation network and vacating the area may support protection of environmentally sensitive areas adjacent to the vacation area (Mill Creek). 7. Transportation – An easement will need to be retained across the proposed vacation area for two existing street lights, including street light conduits and power cabinet. Page 43 of 282 4 of 5 May 18, 2022 VAC21-0003 Staff Report 8. Planning – Planning has no comments and supports the proposed vacation. 9. Water – An easement will need to be retained across the proposed vacation area for existing water facilities. 10. Sewer – An easement will need to be retained across the proposed vacation area for existing sewer facilities. 11. Storm – An easement will need to be retained across the proposed vacation area for existing storm facilities. 12. Fire – No comments. 13. Solid Waste – Solid Waste has no comments and supports the proposed vacation. 14. Police – No comments. 15. Streets – No comments. 16. Construction – Construction has no comments and supports the proposed vacation. 17. 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 of the proposed vacation area was not required as the ROW Vacation is City initiated. Recommendation: Page 44 of 282 5 of 5 May 18, 2022 VAC21-0003 Staff Report Staff recommends that the street vacation be granted subject to the following conditions: 1. An easement shall be reserved for City Water, Sewer, Stormwater and Street Lighting facilities, including street light conduits and power cabinets. 2. An easement shall be reserved for Tacoma Water facilities. 3. An easement shall be reserved for CenturyLink telecommunications facilities. 4. An access easement shall be reserved for all parcels abutting the right-of-way. 5. That the existing roadway surface in the vacated right-of-way area be jointly owned and maintained by those persons entitled to receive the property lying within the vacated right-of-way, in accordance with RCW 35.79.040. 6. That compensation for the right-of-way not be required as the City is initiating the vacation. Page 45 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6862 (Gaub) Date: June 8, 2022 Department: Public Works Attachments: Ordinance No. 6862 Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6862. Background for Motion: Inland Washington, LLC has constructed half street improvements along D Street NE between Auburn Way North and 49th Street NE to mitigate the traffic impact of their project, Coppergate Apartments. The improvement is eligible for a Payback Agreement that would provide reimbursement to the Inland Washington, LCC when those benefitted properties benefit from the improvement, as they develop or redevelop. Background Summary: Ordinance No. 6862 authorizes the Mayor to execute a Street Payback Agreement for half- street improvements between the City of Auburn and Inland Washington, LLC. Inland Washington, LLC has constructed half-street improvements along D Street NE between 49th Street NE and Auburn Way N, which benefit three properties. The improvements include pavement, curb and gutter, sidewalk, street lighting, and storm drainage. If these properties were to undertake certain development activity, as defined by Auburn City Code 12.64A, they would trigger the requirement to construct these half-street improvements built by Inland Washington, LLC along their frontages. Inland Washington, LLC has requested a Payback Agreement from the City. The Payback agreement would allow the developer to recover partial costs related to the design and construction of the half-street improvements if, and when, the benefited properties undertake development activity that would have triggered the requirement to construction half-street improvements. The proposed agreement was reviewed by Council at the June 13, 2022 Council Study Session. City staff has notified the owners of the benefited properties of the payback agreement and the public hearing on June 21, 2022. Page 46 of 282 Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:ORD.B Page 47 of 282 -------------------------------- Ordinance No. 6862 June 8, 2022 Page 1 of 3 Rev. 2019 ORDINANCE NO. 6862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PAYBACK AGREEMENT FOR HALF-STREET IMPROVEMENTS BETWEEN THE CITY OF AUBURN AND INLAND WASHINGTON, LLC WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes the City Engineer to develop, implement, and administer facility extension agreements for transportation improvements; and WHEREAS, Chapter 3.25 of the ACC authorizes the City Engineer to review and approve applications for public street improvement payback agreements, subject to Council approval; and WHEREAS, pursuant to ACC 13.40, the City received and approved plans from Inland Washington, LLC (Inland) for the construction of certain public street transportation improvements. Inland constructed the improvements and has agreed to deed them to the City; and WHEREAS, Inland applied to the City for a payback agreement in connection with the constructed improvements. The City Engineer reviewed Inland’s application and determined that Inland’s constructed improvements are eligible for a payback agreement. A proposed payback agreement for the constructed improvements is attached as Exhibit A to this Ordinance; and WHEREAS, among other terms and conditions, Exhibit A establishes the assessment reimbursement area, determines the amount of the reimbursement assessment to be charged to each lot, tract or parcel, and provides for the payment and collection of assessments; and Page 48 of 282 -------------------------------- Ordinance No. 6862 June 8, 2022 Page 2 of 3 Rev. 2019 WHEREAS, following required notice to each owner of record within the proposed payback agreement’s reimbursement area, the City Council conducted a public hearing to consider approving this ordinance and the payback agreement in Exhibit A; and WHEREAS, the City Council finds that entering the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as a non-codified ordinance as follows: Section 1. The Mayor is authorized to execute a Payback Agreement with Inland Washington, LLC. The agreement shall substantially conform to Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Page 49 of 282 -------------------------------- Ordinance No. 6862 June 8, 2022 Page 3 of 3 Rev. 2019 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 50 of 282 Exhibit A Page 51 of 282 Page 52 of 282 Page 53 of 282 Page 54 of 282 Page 55 of 282 Page 56 of 282 Page 57 of 282 Page 58 of 282 Page 59 of 282 Page 60 of 282 Page 61 of 282 Page 62 of 282 Page 63 of 282 Page 64 of 282 Page 65 of 282 Page 66 of 282 Page 67 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6863 (Gaub) Date: June 8, 2022 Department: Public Works Attachments: Ordinance No. 6863 Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6863. Background for Motion: Inland Washington, LLC has constructed a traffic signal at the intersection of Auburn Way North and 49th Street NE to mitigate the traffic impact of their project, Coppergate Apartments. The improvement is eligible for a Payback Agreement that would provide reimbursement to Inland Washington, LCC when those benefitted properties benefit from the improvement, as they develop or redevelop. Background Summary: Ordinance No. 6863 authorizes the Mayor to execute a Street Payback Agreement for a Traffic Signal between the City of Auburn and Inland Washington, LLC. Inland Washington, LLC has constructed a traffic signal at the intersection of 49th Street NE and Auburn Way N. This traffic signal improves access to other properties which, when developed, will benefit from this improvement. Inland Washington, LLC has requested a Payback Agreement from the City. The Payback agreement would allow the developer to recover partial costs related to the design and construction of the traffic signal when the benefited properties undertake development activity that generates vehicular traffic or “trips” at the traffic signal. The proposed agreement was reviewed by Council at the June 13, 2022 Council Study Session. City staff has notified the owners of the benefited properties of the payback agreement and the public hearing on June 21, 2022. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:ORD.C Page 68 of 282 Page 69 of 282 -------------------------------- Ordinance No. 6863 June 8, 2022 Page 1 of 3 Rev. 2019 ORDINANCE NO. 6863 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PAYBACK AGREEMENT FOR A TRAFFIC SIGNAL BETWEEN THE CITY OF AUBURN AND INLAND WASHINGTON, LLC WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes the City Engineer to develop, implement, and administer facility extension agreements for transportation improvements; and WHEREAS, Chapter 3.25 of the ACC authorizes the City Engineer to review and approve applications for public street improvement payback agreements, subject to Council approval; and WHEREAS, pursuant to ACC 13.40, the City received and approved plans from Inland Washington, LLC (Inland) for the construction of certain public street transportation improvements. Inland constructed the improvements and has agreed to deed them to the City; and WHEREAS, Inland applied to the City for a payback agreement in connection with the constructed improvements. The City Engineer reviewed Inland’s application and determined that Inland’s constructed improvements are eligible for a payback agreement. A proposed payback agreement for the constructed improvements is attached as Exhibit A to this Ordinance; and WHEREAS, among other terms and conditions, Exhibit A establishes the assessment reimbursement area, determines the amount of the reimbursement assessment to be charged to each lot, tract or parcel, and provides for the payment and collection of assessments; and Page 70 of 282 -------------------------------- Ordinance No. 6863 June 8, 2022 Page 2 of 3 Rev. 2019 WHEREAS, following required notice to each owner of record within the proposed payback agreement’s reimbursement area, the City Council conducted a public hearing to consider approving this ordinance and the payback agreement in Exhibit A; and WHEREAS, the City Council finds that entering the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as a non-codified ordinance as follows: Section 1. The Mayor is authorized to execute a Payback Agreement with Inland Washington, LLC. The agreement shall substantially conform to Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Page 71 of 282 -------------------------------- Ordinance No. 6863 June 8, 2022 Page 3 of 3 Rev. 2019 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 72 of 282 Exhibit A Page 73 of 282 Page 74 of 282 Page 75 of 282 Page 76 of 282 Page 77 of 282 Page 78 of 282 Page 79 of 282 Page 80 of 282 Page 81 of 282 Page 82 of 282 Page 83 of 282 Page 84 of 282 Page 85 of 282 Page 86 of 282 Page 87 of 282 Page 88 of 282 Page 89 of 282 Page 90 of 282 Page 91 of 282 Page 92 of 282 Page 93 of 282 Page 94 of 282 Page 95 of 282 Page 96 of 282 Page 97 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6860 (Thomas) Date: June 15, 2022 Department: Finance Attachments: Ordinance No. 6860 Ordinance No. 6860 Exhibit Budget Impact: Administrative Recommendation: City Council adopt Ordinance No. 6860. Background for Motion: Ordinance 6860 incorporates several amendments to the City’s Business and Occupation Tax to add clarity and alignment with other sections of the City code. Background Summary: In May 2021 the Auburn City Council adopted ACC 3.53 Business and Occupation Tax, which first became effective in January 1, 2022. In the time between initial adoption, business community outreach, and the first tax returns which were due April 30, 2022, there have been several clarifying questions. This amendment provides clarity for several sections within ACC 3.53, including more definitions (such as "adult family homes", "consumer", "gross receipts", and "hospital" and "warehouse"); tax reporting guidelines for operations in multiple locations; clarity over tax due for gross receipts versus square footage; and clarifications on certain exemptions (hospitals, school districts, and fire district activities). Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:June 21, 2022 Item Number:ORD.D Page 98 of 282 -------------------------------- Ordinance No. 6860 June 16, 2022 Page 1 of 2 ORDINANCE NO. 6860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS WITHIN CHAPTER 3.53 OF THE AUBURN CITY CODE RELATED TO CITY BUSINESS AND OCCUPATION (B&O) TAX, CLARIFYING DEFINITIONS, TAXPAYER CLASSIFICATIONS, AND TAX EXEMPTIONS WHEREAS, in 2021 the City enacted its business and occupations (B&O) tax code (ACC 3.53); WHEREAS, prior to and since the enactment of ACC 3.53, the City has engaged in outreach efforts with the business community and potential City business taxpayers in preparing to implement the taxation requirements of ACC 3.53; WHEREAS, the City has determined based on this outreach that certain sections within ACC 3.53 should be amended in the following ways: • To define additional terms in the code (such as “adult family homes,” “consumer,” “gross receipts,” “hospital,” and “warehouse”) that will assist taxpayers in determining and calculating their City B&O tax liability; • To clarify the appropriate City B&O tax classifications for City businesses that operate in multiple locations; • To clarify when businesses will be subject to City B&O tax based on operating space square footage instead of on gross receipts; • To further specify organizations or activities that are exempt from the City’s B&O tax (such as nonprofit hospitals, or certain school district or fire district activities); • To address the City B&O tax liability of persons or businesses entering the City’s jurisdiction through annexation; and • To make additional needed technical revisions and corrections to the code; WHEREAS, these revisions to ACC 3.53 will enable greater clarity and precision in the administration and implementation of the City’s B&O tax code, and they are in the best interest of the City, its business community and its B&O taxpayers. Page 99 of 282 -------------------------------- Ordinance No. 6860 June 16, 2022 Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 3.53 of the Auburn City Code is amended to read as set forth on Exhibit A to this Ordinance. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 100 of 282 EXHIBIT A – ORDINANCE NO. 6860 ACC 3.53.020 Definitions. In construing the provisions of this chapter, the following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. A. Adult Family Home. “Adult family home” means a residential home licensed by the Washington State Department of Social and Heath Services pursuant to RCW 70.128 in which a person or persons provides personal care, special care, room and board to more than 1 but not more than 6 adults who are not related by blood or marriage to the person or persons providing the services. B. “Advance,” “reimbursement.” 1. “Advance” means money or credits a taxpayer receives from a customer or client for the purpose of paying costs or fees on behalf of the customer or client. 2. “Reimbursement” means money or credits a taxpayer receives from a customer or client to repay the taxpayer for money or credits expended by the taxpayer in payment of costs or fees of the customer or client. C. Agricultural Product, Farmer. 1. “Agricultural product” means any product of plant cultivation or animal husbandry including, but not limited to: a product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15.85.020; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.85.020, or a bird, or insect, or the substances obtained from such animal. “Agricultural product” does not include animals intended to be pets, marijuana, or marijuana-infused products as defined by RCW 69.50.101(y) and (ff). 2. “Farmer” means any person engaged in the business of growing or producing, upon the person’s own lands or upon lands in which the person has a present right of possession, any agricultural product whatsoever for sale. “Farmer” does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person’s own consumption. “Farmer” does not include a person selling any animal or substance obtained therefrom in connection with the person’s business of operating a stockyard or a slaughter or packing house. “Farmer” does not include any person in respect to the business of taking, cultivating, or Page 101 of 282 raising timber. “Farmer” does not include any person engaged in the business of growing, producing, processing, selling or distributing marijuana. BD. Artistic or Cultural Organization. 1. The term “artistic or cultural organization” means an organization which is organized and operated exclusively for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs, as defined in paragraph subsection (BD)(10) of this subsection, for viewing or attendance by the general public. 2. The organization must be a not-for-profit corporation under Chapter 24.03 RCW. 3. The organization must be managed by a governing board of not less than eight individuals none of whom is a paid employee of the organization or by a corporation sole under Chapter 24.12 RCW. 4. No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws. 5. Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels comparable to the salary or compensation of like positions within the state. 6. Assets of the organization corporation must be irrevocably dedicated to the activities for which the exemption is granted and, on the liquidation, dissolution, or abandonment by the organization corporation, may not inure directly or indirectly to the benefit of any member or individual except a nonprofit organization, association, or corporation which also would be entitled to the exemption. 7. The organization corporation must be duly licensed or certified when licensing or certification is required by law or regulation. 8. The amounts received that qualify for exemption must be used for the activities for which the exemption is granted. 9. Services must be available regardless of race, color, national origin, ancestry, religion, age, sex, marital status, Vietnam or disabled veteran status, sexual orientation, or the presence of any mental or physical disability. 10. The term “artistic or cultural exhibitions, presentations, or performances or cultural or art education programs” is limited to: a. An exhibition or presentation of works of art or objects of cultural or historical significance, such as those commonly displayed in art or history museums; b. A musical or dramatic performance or series of performances; or Page 102 of 282 c. An educational seminar or program, or series of such programs, offered by the organization to the general public on an artistic, cultural, or historical subject. E. "Assisted living facility" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well- being of the residents, and may also provide domiciliary care. Assisted living facility" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development. CF. “Business” includes all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly. DG. “Business and occupation tax” or “gross receipts tax” means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be, and that is the legal liability of the business. H. “City” means the City of Auburn, Washington. EI. “Commercial or industrial use” means the following uses of products, including by- products, by the extractor or manufacturer thereof: 1. Any use as a consumer; and 2. The manufacturing of articles, substances or commodities. J. “Competitive telephone service” means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under Title 80 RCW and for which a separate charge is made. K. “Consumer” means the following: 1. Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal property irrespective of the nature of the person’s business. “Consumer” includes, among others and without limiting its scope, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for a consumer other than for the purpose of: a. Resale as tangible or intangible personal property in the regular course of business; Page 103 of 282 b. Incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers; c. Incorporating such property as an ingredient or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new product; or d. Consuming the property in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; 2. Any person engaged in any business activity that is taxable under ACC 3.53.040; 3. Any person who purchases, acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of business; 4. Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in Section 3.53.020, other than for resale in the regular course of business; 5. Any person who is an end user of software; 6. Any person engaged in the business of “public road construction” with respect to tangible personal property when that person incorporates the tangible personal property as an ingredient or component of a publicly-owned street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing, or spreading the property in or upon the right-of-way of a publicly-owned street, place, road, highway, easement, bridge, tunnel, or trestle, or in or upon the site of a publicly-owned mass public transportation terminal or parking facility; 7. Any person who is an owner, lessee, or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business; 8. Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business; or 9. Any person engaged in “government contracting.” Any such person shall be a consumer within the meaning of this subsection with respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person. Nothing contained in this or any other subsection of this section shall be construed to modify any other definition of “consumer.” FL. “Delivery” means the transfer of possession of tangible personal property between the seller and the buyer or the buyer’s representative. Delivery to an employee of a Page 104 of 282 buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer’s representative first takes physical control of the property or exercises dominion and control over the property. “Dominion and control” means the buyer has the ability to put the property to the buyer’s own purposes. It means the buyer or the buyer’s representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a warranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself. A buyer’s representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping company nor a seller can serve as a buyer’s representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (RCW Title 62A) do not determine when or where delivery of tangible personal property occurs for purposes of taxation. GM. “Director” means the finance director of the city or any officer, agent or employee of the city designated to act on the director’s behalf. HN. “Digital automated service,” “digital code” and “digital goods” have the same meaning as in RCW 82.04.192. IO. “Digital products” means digital goods, digital codes, digital automated services, and the services described in RCW 82.04.050(2)(q) and (6)(b). JP. Eligible Gross Receipts Tax. The term “eligible gross receipts tax” means a tax which: 1. Is imposed on the act or privilege of engaging in business activities within section ACC 3.53.040; and 2. Is measured by the gross volume of business, in terms of gross receipts, and is not an income tax or value added tax; and 3. Is not, pursuant to law or custom, separately stated from the sales price; and 4. Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of property, property right or a privilege; and 5. Is a tax imposed by a local jurisdiction, whether within or without the state of Washington, and not by a country, state, province, or any other nonlocal jurisdiction above the county level. KQ. Engaging in Business. Page 105 of 282 1. The term “engaging in business” means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. 2. This subsection sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to register and obtain a business license or pay city business and occupation taxes. The activities listed in this section are illustrative only and are not intended to narrow the definition of “engaging in business” in subsection (KQ)(1) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. 3. Without being all inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license: a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city. c. Soliciting sales. d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. f. Installing, constructing, or supervising installation or construction of, real or tangible personal property. g. Soliciting, negotiating, or approving franchise, license, or other similar agreements. h. Collecting current or delinquent accounts. i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, Page 106 of 282 security system services, surveying, and real estate services including the listing of homes and managing real property. k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. l. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. m. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. n. Investigating, resolving, or otherwise assisting in resolving customer complaints. o. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another person acting on its behalf. 4. If a person, or theirits employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license and pay tax: a. Meeting with suppliers of goods and services as a customer. b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of directors member or attendee engaging in business such as a member of a board of directors who attends a board meeting. d. Renting tangible or intangible property as a customer when the property is not used in the city. e. Attending, but not participating in a “trade show” or “multiple vendor events.” Persons participating at a trade show shall review Chapter 2.23 ACC, Special Event Permits. f. Conducting advertising through the mail. g. Soliciting sales by phone from a location outside the city. Page 107 of 282 5. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection (KQ)(4) of this section. 6. The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus-generating contact or subsequent contacts. LR. “Extracting” is the activity engaged in by an extractor and is reportable under the extracting classification. MS. “Extractor” means every person who from the person’s own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral or other natural resource product; or fells, cuts or takes timber, Christmas trees, other than plantation Christmas trees, or other natural products; or takes fish, shellfish, or other sea or inland water foods or products. “Extractor” does not include persons performing under contract the necessary labor or mechanical services for others; or persons meeting the definition of farmer. NT. “Extractor for hire” means a person who performs under contract necessary labor or mechanical services for an extractor. OU. “Gross income of the business” means the value proceeding or accruing by reason of the transaction of the business engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. PV. “Gross proceeds of sales” means the value proceeding or accruing from the sale of tangible personal property, digital goods, digital codes, digital automated services or for other services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. W. “Gross receipts” has the same meaning as gross income. X. "Hospital" means any institution, place, building, or agency which provides accommodations, facilities and services over a continuous period of 24 hours or more, for observation, diagnosis, or care, of two or more individuals not related to the operator Page 108 of 282 who are suffering from illness, injury, deformity, or abnormality, or from any other condition for which obstetrical, medical, or surgical services would be appropriate for care or diagnosis. "Hospital" as used in this chapter does not include hotels, or similar places furnishing only food and lodging, or simply domiciliary care; nor does it include clinics, or physician's offices where patients are not regularly kept as bed patients for twenty-four hours or more; nor does it include nursing homes, as defined and which come within the scope of chapter 18.51 RCW; nor does it include birthing centers, which come within the scope of chapter 18.46 RCW; nor does it include psychiatric hospitals, which come within the scope of chapter 71.12 RCW; nor any other hospital, or institution specifically intended for use in the diagnosis and care of those suffering from mental illness, intellectual disability, convulsive disorders, or other abnormal mental condition. Furthermore, nothing in this chapter or the rules adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any hospital conducted for those who rely primarily upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denominations. Y. “International Investment management services.” 1. “International investment management services” includes investment research, investment consulting, fund administration, fund distribution, investment transactions, or related investment services provided to persons for or on behalf of a collective investment fund. A person is considered to be engaged in providing international investment management services if such person is providing investment management services and/or is a member of an affiliated group (as defined by RCW 82.04.293(2)(b)) primarily in the business of providing investment management services to collective investment funds, and at least 15% of the gross income of the person and/or affiliated group is derived from providing investment management services to any of the following: a. Persons or collective investment funds residing outside the United States; or b. Collective investment funds with at least 50% of their investment assets located or issued outside the United States. 2. For the purpose of this section, “collective investment fund” includes: a. A mutual fund or other regulated investment company as defined in 26 U.S.C. §851(a), as now enacted or hereafter amended; b. An investment company, as defined in 15 U.S.C. §80a-3 (as now enacted or hereafter amended), as well as any entity that would be an investment company for this purpose but for the exemptions contained in 15 U.S.C. §80a-3; c. An employee benefit plan, which includes any plan, trust, commingled employee benefit trust, or custodial arrangement that is subject to 29 U.S.C. §§1001 et. seq., or that is described in 26 U.S.C. §§125, 401, 403, 408, 457, 501(c)(9), and 501(17)- (23), or a similar plan maintained by a state or local government, or a plan trust, or Page 109 of 282 custodial arrangement established to self-insure benefits required by federal, state, or local law; d. A fund maintained by a tax-exempt organization, as defined in 26 U.S.C. §501(c)(3) for operating, quasi-endowment, or endowment purposes; e. Funds that are established for the benefit of such tax exempt organizations, such as charitable remainder trusts, charitable lead trusts, charitable annuity trusts, or other similar trusts; or f. Collective investment funds similar to those described in paragraphs (2)(a)-(e) of this subsection created under the laws of a foreign jurisdiction. Z. “Liquor” shall have the same meaning as RCW 66.04.010. QAA. “Manufacturing” means the activity conducted by a manufacturer and is reported under the manufacturing classification. RBB. Manufacturer, To Manufacture. 1. “Manufacturer” means every person who, either directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale or for commercial or industrial use from the person’s own materials or ingredients any products. When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to less than 20% percent of the total value of all materials or ingredients that become a part of the finished product, the owner of the equipment or facilities will be deemed to be a processor for hire, and not a manufacturer. A business not located in this city that is the owner of materials or ingredients processed for it in this city by a processor for hire shall be deemed to be engaged in business as a manufacturer in this city. 2. “To manufacture” means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as a result thereof a new, different or useful product is produced for sale or commercial or industrial use, and shall include: a. The production of special made or custom made articles; b. The production of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; c. Crushing and/or blending of rock, sand, stone, gravel, or ore; and d. The producing of articles for sale, or for commercial or industrial use from raw materials or prepared materials by giving such materials, articles, and substances of trade or commerce new forms, qualities, properties or combinations including, but not limited to, such activities as making, fabricating, processing, refining, mixing, Page 110 of 282 slaughtering, packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and vegetables. “To manufacture” shall not include the production of digital goods or the production of computer software if the computer software is delivered from the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. CC. “Newspaper,” “magazine,” “periodical.” 1. “Newspaper” means a publication offered for sale regularly at stated intervals at least once per week and printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind. 2. “Magazine” or “periodical” means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three months, including any supplement or special edition of the publication. Any publication meeting this definition qualifies regardless of its content. DD. “Office” or “place of business” means a fixed location or permanent facility where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal dominion and control. The regular business of the person is presumed conducted at a location: 1. Whose address the person uses as their business mailing address; and 2. Where the place of primary use is shown on a telephone billing or a location containing a telephone line, listed in a public telephone directory or other similar publication, under the business name; and 3. Where the person holds themselves out to the general public as conducting regular business through signage or other means; and 4. Where the person is required to obtain any appropriate state and local business license or registration unless the person is exempted by law from such requirement. A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an office or place of business. A post office box is not an office or place of business. If a person has an office or place of business, the person’s home is not an office or place of business unless it meets the criteria for office or place of business above. If a person has no office or place of business, the person’s home or apartment within the City will be deemed the place of business. EE. “Option to purchase” shall mean a continuing offer or contract by which owner stipulates with another that the latter shall have the right to buy property at a fixed dollar price within a certain time. An agreement is only an option when no obligation rests on the potential buyer to make any payment except such as may be agreed upon by the Page 111 of 282 parties as consideration to support the option until the potential buyer has made up their mind within a time specified to complete the purchase. The use of the term “fair market value” or any other like term shall not be substituted for a fixed dollar price in determining if an “option to purchase” exists. SFF. “Person” means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the state of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise and the United States or any instrumentality thereof. TGG. “Processing for hire” means the performance of labor and mechanical services upon materials or ingredients belonging to others so that as a result a new, different or useful product is produced for sale, or commercial or industrial use. A processor for hire is any person who would be a manufacturer if that person were performing the labor and mechanical services upon that person’s own materials or ingredients. If a person furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to 20% percent or more of the total value of all materials or ingredients that become a part of the finished product the person will be deemed to be a manufacturer and not a processor for hire. UHH. “Product” means tangible personal property, including articles, substances, or commodities created, brought forth, extracted, or manufactured by human or mechanical effort. “By-product” means any additional product, other than the principal or intended product, which results from extracting or manufacturing activities and which has a market value, without regard to whether or not such additional product was an expected or intended result of the extracting or manufacturing activities. VII. “Retailing” means the activity of engaging in making sales at retail and is reported under the retailing classification. JJW. “Retail service” shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities: 1. Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, swimming, bungee jumping, ski lifts and tows, basketball, racquet ball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and others, when provided to consumers. “Amusement and recreation services” also include the provision of related facilities such as basketball courts, tennis courts, handball courts, swimming pools, and charges made for providing the opportunity to dance. The term “amusement and recreation services” does not include instructional lessons to learn a particular activity such as tennis lessons, swimming lessons, or archery lessons. 2. Abstract, title insurance, and escrow services; Page 112 of 282 3. Credit bureau services; 4. Automobile parking and storage garage services; 5. Landscape maintenance and horticultural services but excluding (a) horticultural services provided to farmers and (b) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility; 6. Service charges associated with tickets to professional sporting events; and 7. The following personal services: physical fitness services, tanning salon services, tattoo parlor services, steam bath services, Turkish bath services, escort services, and dating services. 8. The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator. KK. “Royalties” means compensation for the use of intangible property, such as copyrights, patents, licenses, franchises, trademarks, trade names, and similar items. XLL. Sale, Casual or Isolated Sale. 1. “Sale” means any transfer of the ownership of, title to, or possession of, property for a valuable consideration and includes any activity classified as a “sale at retail,” “retail sale,” or “retail service.” It includes renting or leasing, conditional sale contracts, leases with option to purchase, and any contract under which possession of the property is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price. It also includes the furnishing of food, drink, or meals for compensation whether consumed upon the premises or not. 2. “Casual or isolated sale” means a sale made by a person who is not engaged in the business of selling the type of property involved on a routine or continuous basis. YMM. Sale at Retail, Retail Sale. 1. “Sale at retail” or “retail sale” means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470, and who: a. Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or b. Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an Page 113 of 282 ingredient or component of such real or personal property without intervening use by such person; or c. Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or d. Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or e. Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a “sale at retail” or “retail sale” even though such property is resold or utilized as provided in subsections (MMY)(1)(a) through (e) of this section following such use. f. Purchases for the purpose of satisfying the person’s obligations under an extended warranty as defined in subsection (MMY)(7) of this section, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person. 2. “Sale at retail” or “retail sale” also means every sale of tangible personal property to persons engaged in any business activity which is taxable under ACC 3.53.040(A)(7). 3. “Sale at retail” or “retail sale” shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: a. The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin-operated laundry facilities when such facilities are situated in an apartment house, rooming house, or mobile home park for the exclusive use of tenants thereof, and also excluding sales of laundry service to nonprofit health care facilities, and excluding services rendered in respect to live animals, birds and insects; b. The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture; Page 114 of 282 c. The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; d. The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term “janitorial services” shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term “janitorial services” does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting; e. The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under Chapter 82.16 RCW; f. The sale of and charge made for the furnishing of lodging and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for a continuous period of one month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; g. The installing, repairing, altering, or improving of digital goods for consumers; h. The sale of or charge made for tangible personal property, labor and services to persons taxable under subsections (MMY)(3)(a) through (g) of this section when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a “sale at retail” or “retail sale” even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (MMY)(1) of this section and nothing contained in subsection (MMY)(1) of this section shall be construed to modify this subsection. 4. “Sale at retail” or “retail sale” shall also include the providing of competitive telephone service to consumers. 5. Sale at Retail or Retail Sale. a. “Sale at retail” or “retail sale” shall also include the sale of prewritten software other than a sale to a person who presents a resale certificate under RCW 82.04.470, Page 115 of 282 regardless of the method of delivery to the end user. For purposes of this subsection (MMY)(5), a the sale of prewritten computer software includes the sale of or charge made for a key or an enabling or activation code, where the key or code is required to activate prewritten computer software and put the software into use. There is no separate sale of the key or code from the prewritten computer software, regardless of how the sale may be characterized by the vendor or by the purchaser. The term “sale at retail” or “retail sale” does not include the sale of or charge made for: i. Custom software; or ii. The customization of prewritten software. b. The term also includes the charge made to consumers for the right to access and use prewritten computer software, where possession of the software is maintained by the seller or a third party, regardless of whether the charge for the service is on a per use, per user, per license, subscription, or some other basis. i. The service described in this subsection (MMY)(5)(b) includes the right to access and use prewritten software to perform data processing. ii. For purposes of subsection (MMY)(5)(b)(i) of this section “data processing” means the systematic performance of operations on data to extract the required information in an appropriate form or to convert the data to usable information. Data processing includes check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. 6. “Sale at retail” or “retail sale” shall also include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state, the state of Washington, or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind (public road construction). 7. “Sale at retail” or “retail sale” shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, “extended warranty” means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term “extended warranty” does not include an agreement, otherwise meeting the definition of extended warranty in this subsection, if no separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement. 8. “Sale at retail” or“ retail sale” shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or Page 116 of 282 for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to Chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation (government contracting). 9. “Sale at retail” or “retail sale” shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other by-products of weapons production and nuclear research and development. (This should be reported under the service and other classification as defined under ACC 3.53.040(A)(7).). 10. “Sale at retail” or “retail sale” shall not include the sale of or charge made for labor and services rendered for environmental remedial action. (This should be reported under the service and other classification as defined under ACC 3.53.040(A)(7).). 11. “Sale at retail” or “retail sale” shall also include the following sales to consumers of digital goods, digital codes, and digital automated services: a. Sales in which the seller has granted the purchaser the right of permanent use; b. Sales in which the seller has granted the purchaser a right of use that is less than permanent; c. Sales in which the purchaser is not obligated to make continued payment as a condition of the sale; and d. Sales in which the purchaser is obligated to make continued payment as a condition of the sale. A retail sale of digital goods, digital codes, or digital automated services under this subsection (MMY)(11) includes any services provided by the seller exclusively in connection with the digital goods, digital codes, or digital automated services, whether or not a separate charge is made for such services. For purposes of this subsection, “permanent” means perpetual or for an indefinite or unspecified length of time. A right of permanent use is presumed to have been granted unless the agreement between the seller and the purchaser specifies or the circumstances surrounding the transaction suggest or indicate that the right to use terminates on the occurrence of a condition subsequent. 12. “Sale at retail” or “retail sale” shall also include the installing, repairing, altering, or improving of digital goods for consumers. NNZ. “Sale at wholesale” or “wholesale sale” means any sale of tangible personal property, digital goods, digital codes, digital automated services, prewritten computer software, or services described in subsection (MMY)(5)(b) of this section, which is not a Page 117 of 282 retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property and retail services, if such charge is expressly defined as a retail sale or retail service when rendered to or for consumers. Sale at wholesale also includes the sale of telephone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715. OOAA. “Service” means any sale or charge made for personal, business or professional service, including amounts designated as rents, fees, or admissions, not otherwise included within any other tax classification defined herein; provided, that the term “service” excludes retail or wholesale services. PPBB. Software, Prewritten Software, Custom Software, Customization of Canned Software, Master Copies, Retained Rights. 1. “Prewritten software” or “canned software” means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than such purchaser. Where a person modifies or enhances computer software of which such person is not the author or creator, the person shall be deemed to be the author or creator only of the person’s modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer software; however, where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for the modification or enhancement, the modification or enhancement shall not constitute prewritten computer software. 2. “Custom software” means software created for a single person. 3. “Customization of canned software” means any alteration, modification, or development of applications using or incorporating canned software to specific individualized requirements of a single person. Customization of canned software includes individualized configuration of software to work with other software and computer hardware but does not include routine installation. Customization of canned software does not change the underlying character or taxability of the original canned software. 4. “Master copies” of software means copies of software from which a software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license. The software encoded on a master copy and the media upon which the software resides are both ingredients of the master copy. Page 118 of 282 5. “Retained rights” means any and all rights, including intellectual property rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author, inventor, publisher, licensor, sublicensor, or distributor. 6. “Software” means any information, program, or routine, or any set of one or more programs, routines, or collections of information, used, or intended for use, to convey information that causes one or more computers or pieces of computer-related peripheral equipment, or any combination thereof, to perform a task or set of tasks. “Software” includes the associated documentation, materials, or ingredients, regardless of the media upon which that documentation is provided, that describe the code and its use, operation, and maintenance and that typically are delivered with the code to the consumer. All software is classified as either canned or custom. QQCC. “Taxpayer” means any “person,” as herein defined, required to have a business license under this chapter or liable for the collection of any tax or fee under this chapter, or who engages in any business or who performs any act for which a tax or fee is imposed by this chapter. RRDD. “Tuition fee” includes library, laboratory, health service, and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution. “Educational institution,” as used in this section, means only those institutions created or generally accredited as such by the state and includes educational programs that such educational institution cosponsors with a nonprofit organization, as defined by the 26 U.S.C. §Internal Revenue Code Section 501(c)(3), as hereafter amended, if such educational institution grants college credit for coursework successfully completed through the educational program, or an approved branch campus of a foreign degree-granting institution in compliance with Chapter 28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85.010(3) and accredited by an accrediting association recognized by the United States Secretary of Education, and offering to students an educational program of a general academic nature or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions. SSEE. “Value proceeding or accruing” means the consideration, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or which is actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer. TTFF. Value of Products. 1. The value of products, including by-products, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof whether such sale is at Page 119 of 282 wholesale or at retail, to which shall be added all subsidies and bonuses received from the purchaser or from any other person with respect to the extraction, manufacture, or sale of such products or by-products by the seller. 2. Where such products, including by-products, are extracted or manufactured for commercial or industrial use; and where such products, including by-products, are shipped, transported or transferred out of the city, or to another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale; the value shall correspond as nearly as possible to the gross proceeds from sales in this state of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture, or sale of such products. In the absence of sales of similar products as a guide to value, such value may be determined upon a cost basis. In such cases, there shall be included every item of cost attributable to the particular article or article extracted or manufactured, including direct and indirect overhead costs. The director may prescribe rules for the purpose of ascertaining such values. 3. Notwithstanding subsection (TTFF)(2) of this section, the value of a product manufactured or produced for purposes of serving as a prototype for the development of a new or improved product shall correspond to (a) the retail selling price of such new or improved product when first offered for sale; or (b) the value of materials incorporated into the prototype in cases in which the new or improved product is not offered for sale. UUTT. Warehouse" means every structure wherein facilities are offered for the storage of tangible personal property. It includes the following: “Storage warehouse” means a building or structure, or any part thereof, in which goods, wares, or merchandise are received for storage for compensation, except field warehouses, fruit warehouses, fruit packing plants, unroasted coffee bean warehouses, warehouses licensed under chapter 22.09 RCW (which are agricultural commodities warehouses), public garages storing automobiles, railroad freight sheds, docks and wharves, and “self-storage” or “mini-storage” facilities whereby customers have direct access to individual storage areas by separate access. “Cold storage warehouse” means a storage warehouse used to store fresh and/or frozen perishable fruits or vegetables, meat, seafood, dairy products, or fowl, or any combination thereof, at a desired temperature to maintain the quality of the product for orderly marketing. This term does not include freezer space or frozen food lockers. “Automobile storage garage” means any off-street building, structure, or area where vehicles are parked or stored, for any period of time, for a charge. VVUU. “Warehouse outdoor” means an area that is outdoors and is primarily used for the storage of merchandise, goods, inventory, materials or equipment or other items, Page 120 of 282 which are not intended for immediate sale, whether or not for compensation, in furtherance of engaging in business. WWVVTTGG. “Wholesaling” means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification. ACC 3.53.040 Imposition of the tax – Tax or fee levied. Except as provided in subsection C of this section, effective January 1, 2022, at 12:01 a.m. there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the city of Auburn, whether the person’s office or place of business be within or without the city. The tax shall be in amounts to be determined by application of rates against gross proceeds of sale, gross income of business, or value of products, including by-products, as the case may be, as follows: A. Gross Receipts Tax. 1. Upon every person engaging within the city in business as an extractor; as to such persons, the amount of the tax with respect to such business shall be equal to the value of the products, including by-products, extracted within the city for sale or for commercial or industrial use, multiplied by the rate of 0.100 of 1% one percent (0.001). The measure of the tax is the value of the products, including by-products, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 2. Upon every person engaging within the city in business as a manufacturer; as to such persons, the amount of the tax with respect to such business shall be equal to the value of the products, including by-products, manufactured within the city, multiplied by the rate of 0.100 of 1% one percent (0.001). The measure of the tax is the value of the products, including by-products, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 3. Upon every person engaging within the city in the business of making sales at wholesale; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.180 of 1% one percent (0.0018). 4. Upon every person engaging within the city in the business of making sales at retail; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business, without regard to the place of delivery Page 121 of 282 of articles, commodities or merchandise sold, multiplied by the rate of 0.050 of 1% one percent (0.0005). 5. Upon every person engaging within the city in the business of (a) printing, (b) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (c) publishing newspapers, magazines and periodicals, (d) extracting for hire, and (e) processing for hire; as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of 0.100 of 1% one percent (0.001). 6. Upon every person engaging within the city in the business of making sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of 0.150 of 1% one percent (0.0015). 7. Upon every other person engaging within the city in any business activity other than or in addition to those enumerated in the above subsections;; as to ssuch persons shall report gross receipts under the “service and other tax” classification, and, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 0.100 of 1% one percent (0.001). This classification subsection includes , (among others, and without limiting its the scope, hereof (and whether or not title to material used in the performance of such business passes to another by accession, merger or other than by outright sale):, persons engaged in the business of developing, or producing custom software or of customizing canned software, persons producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. 8. Persons otherwise subject to the “service and other tax” classification who engage in business in multiple jurisdictions shall report their service income under the “service and other apportionment” tax classification, and shall allocate their gross receipts in accordance with ACC 3.53.080 by using the city’s Service Income Apportionment Supplemental form. B. Square Footage Tax. 1. Upon every person who leases, owns, occupies, or otherwise maintains a warehouse or outdoor warehouse within the city for purposes of engaging in business activities in the city there shall be a tax measured by the number of square feet of business warehouse floor space or outdoor warehouse space. The amount of the tax shall be equal to $0.10 for each quarterly period of a calendar year for each square foot of warehouse or outdoor warehouse floor space that is leased, owned, occupied, or otherwise maintained within the city during the reporting period, calculated to the nearest square foot. 2. For purposes of this section, “warehouse” means every structure wherein facilities are offered for the storage of tangible personal property. It includes “storage Page 122 of 282 warehouses”, “cold storage warehouses” and “automobile storage garage” as defined in ACC 3.53.020 subsection UU. a building or structure, or any part thereof, in which goods, wares, merchandise, or commodities are received or stored, whether or not for compensation, in furtherance of engaging in business. 3. For purposes of this section, “outdoor warehouse” means an area that is outdoors and is primarily used for the storage of merchandise , goods, inventory, materials or equipment or other items, which are not intended for immediate sale, whether or not for compensation, in furtherance of engaging in business. 4. For purposes of this section, the square footage of a business warehouse shall be computed by measuring to the inside finish of permanent outer building walls and shall include space used by columns and projections necessary to the building. Square footage shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts, heating or ventilation shafts, janitor closets, and electrical or utility closets. Outdoor warehouse space is measured based on the entire space used for outdoor warehousing and is not measured solely based on the size of the goods, wares, merchandise, or commodities that are being stored. 5. For purposes of this section, the square footage of an outdoor warehouse shall only include those areas used for the receipt or storage of goods, wares, merchandise, or commodities that are being received and temporarily stored for transloading, whether or not for compensation, in furtherance of engaging in business. Such areas will typically include those areas where goods, wares, merchandise, and commodities, in transit to their ultimate destination, are parked, packaged, or stored after transloading, waylaying, or crossdocking. Square footage shall not include areas used only for employee, customer, or visitor parking, dock high loading areas used primarily for a business warehouse, buildings, areas used only for direct sales or rentals to consumers, landscaped areas, storm water facilities, maneuvering areas and drive aisles, areas used only for garbage or recycling pickup, rights-of-way, or other areas clearly not used for the temporary storage of goods, wares, merchandise, and commodities in transit. Outdoor areas used for storage of agricultural products or for ancillary storage of materials utilized in, or products resulting from, onsite manufacturing operations are not considered outdoor warehouses. 6. Persons with more than one business warehouse or outdoor warehouse within the city must include all business warehouse floor space and outdoor warehouse space for all locations within the city. When a person rents space to another person, the person occupying the rental space is responsible for the square footage business tax on that rental space only if the renter has exclusive right of possession in the space as against the landlord. Space rented for the storage of goods in a warehouse or outdoor warehouse where no walls or other barriers separate the goods, and where the exclusive right of possession in the space is not held by the person to whom the space is rented, shall be included in the business warehouse floor space of the person that operates the business warehouse, and not by the person renting the warehouse space. Page 123 of 282 7. If the square footage tax imposed in this subsection B is equal to or less than or equal to the gross receipts tax imposed in subsection A of this section, no square footage tax will be due.; iIf the square footage tax imposed in this subsection B exceeds the gross receipts tax imposed in subsection A of this section, the square footage tax will be due, but no gross receipts tax will be due. tThe taxpayer shall also remit the tax due on the higher of the two categories, but not both, excess over the gross receipts tax payable under subsection A and B of this section. C. Gross Receipt and Square Footage Tax Thresholds. 1. Gross Receipts Threshold. The gross receipts tax imposed in this section shall not apply to any person whose companywide gross proceeds of sales, gross income of the business, and value of products, including by-products, as the case may be, from all activities conducted within the city during any calendar year is equal to or less than $500,000, or is equal to or less than $125,000 during any quarter if on a quarterly reporting basis. nor shall it apply to any person who does not maintain a place of business in the City whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000. city. 2. Square Footage Threshold. The square footage tax imposed in subsection B of this section shall not apply to any person unless that person’s total area of business space within the city exceeds one of the following thresholds: a. Four thousand (4,000) taxable square feet of business warehouse space; or b. Two hundred sixty-one thousand three hundred sixty (261,360) taxable square feet (six acres) of outdoor warehouse space; If the square footage tax applies, it applies to all business space leased, owned, occupied, or otherwise maintained by the taxpayer during the applicable reporting period. [New Section] ACC 3.53.075 Ancillary activities of motor carriers and freight brokers. A. “Ancillary activities of motor carriers” includes, but is not limited to stevedoring, separately billed charges for loading, unloading, sorting, storage, consolidation charges, and other charges not representing an actual transportation charge. Charges for ancillary activities shall be recorded separately from transportation charges and reported as activity subject to ACC 3.53.040.A.7. B. Freight brokers shall report brokering activity revenue as activity subject to ACC 3.53.040.A.7. Page 124 of 282 C. Gross receipts from the activities contained in subsections 3.53.082.A and 3.53.082.B are subject to the apportionment provisions contained in (Subsection 3.53.080). ACC 3.53.100 Exemptions. This section applies only to the gross receipts tax imposed in ACC 3.53.040.A. A. Adult Family Homes. This chapter does not apply to adult family homes as defined in ACC 3.53.020.A that which are licensed or as such, or which are specifically exempt from licensing, under DSHS rules of the Washington State Department of Social and Health Services. B. Daycare Provided by Churches. This chapter shall not apply to amounts derived by a church that is exempt from property tax under RCW 84.36.020 from the provision of care for children for periods of less than 24 hours. C. Child Care Resource and Referral Services by Nonprofit Organizations. This chapter does not apply to nonprofit organizations in respect to amounts derived from the provision of child care resource and referral services. D. Nonprofit Organizations That Are Guarantee Agencies, Issue Debt, or Provide Guarantees for Student Loans. This chapter does not apply to gross income received by nonprofit organizations exempt from federal income tax under 26 U.S.C. §Internal Revenue Code Section 501(c)(3), as hereafter amended, that: 1. Are guarantee agencies under the federal guaranteed student loan program or that issue debt to provide or acquire student loans; or 2. Provide guarantees for student loans made through programs other than the federal guaranteed student loan program. E. Nonprofit Organizations – Credit and Debt Services. This chapter does not apply to nonprofit organizations in respect to amounts derived from provision of the following services: 1. Presenting individual and community credit education programs including credit and debt counseling; 2. Obtaining creditor cooperation allowing a debtor to repay debt in an orderly manner; 3. Establishing and administering negotiated repayment programs for debtors; or 4. Providing advice or assistance to a debtor with regard to subsection (E)(1), (2), or (3) of this subsection. Page 125 of 282 F. Certain Fraternal and Beneficiary Organizations. This chapter shall not apply to fraternal benefit societies or fraternal fire insurance associations, as described in RCW Title 48; nor to beneficiary corporations or societies organized under and existing by virtue of RCW Title 24, if such beneficiary corporations or societies provide in their bylaws for the payment of death benefits. This exemption is limited, however, to gross income from premiums, fees, assessments, dues or other charges directly attributable to the insurance or death benefits provided by such societies, associations, or corporations. G. Certain Corporations Furnishing Aid and Relief. This chapter shall not apply to the gross sales or the gross income received by corporations which have been incorporated under any act of the Congress of the United States and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same. H. Operation of Sheltered Workshops. Community services provided by DSHS. This chapter shall not apply to income received from the DSHS Department of Social and Health Services for the cost of care, maintenance, support and training of persons with developmental disabilities at nonprofit group training homes as defined by Chapter 71A.22 RCW or to the business activities of nonprofit organizations from the operation of sheltered workshopscommunity services up to first $1,000,000 of the companywide gross receipts from all activities. For the purposes of this subsection, “the operation of sheltered workshopscommunity services” means performance of business activities of any kind on or off the premises of such nonprofit organizations which are performed for the primary purpose of: 1. Providing gainful employment or rehabilitation services to the handicapped as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market or during such time as employment opportunities for them in the competitive labor market do not exist; or 2. Providing evaluation and work adjustment services for handicapped individuals. I. Investments – Dividends from Subsidiary Corporations. This chapter shall not apply to amounts derived by persons, other than those engaging in banking, loan, security or other financial businesses, from investments or the use of money as such, and also amounts derived as dividends by a parent from its subsidiary corporations. J. The city of Auburn is exempt from the tax levied by this chapter. K. Gross Receipts Taxed under Other Auburn City Code (ACC) Sections. This chapter shall not apply to: 1. Any person in respect to a business activity with respect to which tax liability is specifically imposed under the provisions of Chapter 3.88 ACC (Utility Tax); or Page 126 of 282 2. Any person in respect to a business activity with respect to which tax liability is specifically imposed under the provisions of Chapter 3.80 ACC (Gambling Tax). L. Credit Unions. This chapter shall not apply to the gross income of credit unions organized under the laws of this state, any other state, or the United States. M. International Banking Facilities. This chapter shall not apply to the gross receipts of an international banking facility. As used in this subsection, an “international banking facility” means: 1. a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank whose the principal office of which is located in this state, and which is incorporated and doing business under the laws of the United States or of this state;, 2. a United States branch or agency of a foreign bank;, 3. an Edge corporation organized under Section 25(A) of the Federal Reserve Act, 12 U.S.C. §§611- through 631;, or 4. an Agreement corporation having an agreement or undertaking with the Board of Governors of the Federal Reserve System under Section 25 of the Federal Reserve Act, 12 U.S.C. §§601- through 604a, that includes only international banking facility time deposits (as defined in 12 C.F.R. §204.8(a)(2)subsection (a)(2) of Section 204.8 of Regulation D (12 CFR Part 204), as promulgated by the Board of Governors of the Federal Reserve System), and international banking facility extensions of credit (as defined in 12 C.F.R. §204.8subsection (a)(3) of Section 204.8 of Regulation D). N. Insurance Business. This chapter shall not apply to amounts received by any person who is an insurer or their appointed insurance producer upon which a tax based on gross premiums is paid to the state pursuant to RCW 48.14.020; and provided further, that the provisions of this subsection shall not exempt any bonding company from tax with respect to gross income derived from the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. O. Farmers – Agriculture. This chapter shall not apply to any farmer in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any other agricultural product that is raised, caught, produced or manufactured by such persons. P. Athletic Exhibitions. This chapter shall not apply to any person in respect to the business of conducting boxing contests and sparring or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Boxing Commission. Q. Racing. This chapter shall not apply to any person in respect to the business of conducting race meets for the conduct of which a license must be secured from the Washington State Horse Racing Commission. Page 127 of 282 R. Ride Sharing. This chapter does not apply to any funds received in the course of commuter ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010. S. Employees. This chapter shall not apply to any person in respect to the person’s employment in the capacity as an employee or servant as distinguished from that of an independent contractor. For the purposes of this subsection, the definition of employee shall include those persons that are defined as employees in 26 U.S.C. §3121(d), the Internal Revenue Code, as now enacted or hereafter amended. A booth renter as defined in RCW 82.04.360(3) is an independent contractor for purposes of this chapter. T. Amounts Derived from Sale of Real Estate. This chapter shall not apply to gross proceeds derived from the sale of real estate. This, however, shall not be construed to allow an exemption of amounts received as commissions from the sale of real estate, nor as fees, handling charges, discounts, interest or similar financial charges resulting from, or relating to, real estate transactions. This chapter shall also not apply to amounts received for the rental of real estate if the rental income is derived from a contract to rent for a continuous period of 30 days or longer. U. Mortgage Brokers’ Third-Party Provider Services Trust Accounts. This chapter shall not apply to amounts received from trust accounts to mortgage brokers for the payment of third-party costs if the accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted by the Director of Financial Institutions. V. Amounts Derived from Manufacturing, Selling or Distributing Motor Vehicle Fuel. This chapter shall not apply to the manufacturing, selling or distributing motor vehicle fuel, as the term “motor vehicle fuel” is defined in RCW 82.38.020 and exempt under RCW 82.38.280; provided, that any fuel not subjected to the state fuel excise tax, or any other applicable deduction or exemption, will be taxable under this chapter. W. Amounts Derived from Liquor, and the Sale or Distribution of Liquor. This chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. X. Casual and Isolated Sales. This chapter shall not apply to the gross proceeds derived from casual or isolated sales. Y. Accommodation Sales. This chapter shall not apply to sales for resale by persons regularly engaged in the business of making retail sales of the type of property so sold to other persons similarly engaged in the business of selling such property where: 1. The amount paid by the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the article; and 2. The sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is made within 14 days to reimburse in kind a previous accommodation sale by the buyer to the seller. Page 128 of 282 Z. Real Estate Brokers and Associated Brokers, Agents, or Salesmen. This chapter does not apply to that portion of a real estate commission assigned to another brokerage office pursuant to the division of revenue between the originating brokerage office and a cooperating brokerage office on a particular transaction. Each brokerage office shall pay the tax upon its respective revenue share of the transaction. Furthermore, where a brokerage office has paid the business and occupation tax on the gross commission earned by that brokerage office, associate brokers, salesmen or agents within the same office shall not be required to pay the tax upon their share of the commission from the same transaction. AA. Taxes Collected as Trust Funds. This chapter shall not apply to amounts collected by the taxpayer from third parties to satisfy third party obligations to pay taxes such as the retail sales tax, use tax, and admission tax. BB. Health Maintenance Organization, Health Care Service Contractor, Certified Health Plan. This chapter does not apply to any health maintenance organization, health care service contractor, or certified health plan with respect to premiums or prepayments that are taxable under RCW 48.14.0201. However, per RCW 48.14.0201(7), this exemption is not intended to, and shall not, impair the city’s ability to impose a tax hereunder upon the health care services directly delivered by the employees of a health maintenance organization under Chapter 48.46 RCW. CC. Nonprofit Health Care Organization FeesHospital. 1. This chapter shall not apply to nonprofit hospitals, as defined in ACC 3.53.020(X), provided that a nonprofit hospital’s annual net operating income is less than $10,000,000. 1. This chapter shall not apply to amounts that a nonprofit health care organization derives from charges or fees for medical, nursing, ambulance, hospital, or outpatient care services for the benefit of subscribers, where none of the derived amounts inure to the benefit of the organization or any of its employees. 2. The exemption in this subsection CC shall not apply if the nonprofit health care organization’s annual net operating income exceeds $10,000,000.00 for the reporting period in which the exemption is claimed. 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 calculation of net operating income. Page 129 of 282 2.3. Nonprofit health care organizationshospitals exceeding $10,000,000.00 in gross income in a reporting period may take the deductions allowed in ACC 3.53.110(S). net operating income are not subject to the exemptions within this subsection. DD. County, city, town, school district, or fire district activity. This chapter shall not apply to any county, city, town, school district, or fire district activity, regardless of how financed, other than a utility or enterprise activity as defined by the state auditor pursuant to RCW 35.33.111 and RCW 36.40.220 and upon which the tax imposed pursuant to this chapter had previously applied. Nothing contained in this section shall limit the authority of the City to authorize the imposition of such tax prospectively upon such activities as the City shall specifically designate. EE. This chapter shall not apply to the gross income received by the United States or any instrumentality thereof, or by the state of Washington or any municipal subdivision thereof; provided, however, that the exemption contained in this subsection shall only apply to gross income which the City is prohibited from taxing pursuant to the terms of any federal or state law. FF. This chapter shall not apply to any person conducting business in an area that becomes a part of the City by annexation in accordance with RCW 35.10 or RCW 35.13 after the chapter’s effective date. The exemption provided in this subsection shall expire at the end of the calendar quarter 3 years after the date of such annexation. ACC 3.53.110 Deductions. This section applies only to the gross receipt tax imposed by ACC 3.53.040.A: In computing the gross receipts B&O tax, there In computing the license fee or tax, there may be deducted from the measure of tax the following items: A. Membership Fees and Certain Service Fees by Nonprofit Youth Organization. For purposes of this subsection, “nonprofit youth organization” means a nonprofit organization engaged in character building of youth which is exempt from property tax under RCW 84.36.030. In computing tax due under this chapter, there may be deducted from the measure of tax all amounts received by a nonprofit youth organization: 1. As membership fees or dues, irrespective of the fact that the payment of the membership fees or dues to the organization may entitle its members, in addition to other rights or privileges, to receive services from the organization or to use the organization’s facilities; or 2. From members of the organization for camping and recreational services provided by the organization or for the use of the organization’s camping and recreational facilities. Page 130 of 282 B. Fees, Dues, and Charges Received by Nonprofit Organizations or Nonprofit Corporations. In computing tax, a nonprofit organization may deduct from the measure of tax amounts derived from bona fide: 1. Initiation fees; 2. Dues; 3. Contributions; 4. Donations; 5. Tuition fees; 6. Charges made for operation of privately operated kindergartens; 7. Charges made by a nonprofit trade or professional organization for attending or occupying space at a trade show, convention, or educational seminar sponsored by the nonprofit trade or professional organization, which trade show, convention, or educational seminar is not open to the general public; and 8. Endowment funds. C. Artistic and Cultural Organizations – Income from Business Activities. In computing tax, there may be deducted from the measure of tax those amounts received by artistic or cultural organizations, as defined in this chapter, which represent: 1. Income derived from business activities conducted by the organization; provided, that this deduction does not apply to retail sales made by artistic and cultural organizations; 2. Amounts received from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or subdivision thereof as compensation for; or to support, artistic or cultural exhibitions, performances, or programs provided by an artistic or cultural organization for attendance or viewing by the general public; or 3. Amounts received as tuition charges collected for the privilege of attending artistic or cultural education programs. D. Artistic or Cultural Organization – Deduction for Tax under the Manufacturing Classification – Value of Articles for Use In Displaying Art Objects or Presenting Artistic or Cultural Exhibitions, Performances, or Programs. In computing tax, there may be deducted from the measure of tax by persons subject to payment of the tax under the manufacturing classification, the value of articles to the extent manufacturing activities are undertaken by an artistic or cultural organization, as defined in this chapter, solely for the purpose of manufacturing articles for use by the organization in displaying art Page 131 of 282 objects or presenting artistic or cultural exhibitions, performances, or programs for attendance or viewing by the general public. E. Amounts representing rental of real estate for assisted living facilities. In computing tax, there may be deducted from the measure of tax amounts representing the value of the rental of real estate for “assisted living facilities.” To qualify for the deduction, the facility must meet the definition in RCW 18.20 for “assisted living facility” and be licensed by the state of Washington as required in RCW 18.20. The deduction shall be in the amount of 26 percent of the gross monthly billing when the resident has resided within the facility for longer than 30 days. EF. Daycare Activities. In computing tax, there may be deducted from the measure of tax amounts derived from daycare activities by any organization organized and operated for charitable, educational, or other purposes which is exempt from taxation pursuant to 26 U.S.C. §Internal Revenue Code Section 501(c)(3), as now enacted or hereafter amended; provided, however, that amounts derived from selling, altering or repairing tangible personal property shall not be deductible. FG. Compensation from Public Entities for Health or Social Welfare Services – Exception. In computing tax, there may be deducted from the measure of tax amounts received from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization (as defined in RCW 82.04.431) or by a municipal corporation or political subdivision, except deductions are not allowed under this subsection for amounts that are received under an employee benefit plan. For purposes of this subsection, “employee benefit plan” includes the military benefits program authorized in 10 U.S.C. § 1071 et seq., as amended, or amounts payable pursuant thereto. GH. Interest on Investments or Loans Secured by Mortgages or Deeds of Trust. In computing tax, to the extent permitted by Chapter 82.14A RCW, there may be deducted from the measure of tax by those engaged in banking, loan, security or other financial businesses, amounts derived from interest received on investments or loans primarily secured by first mortgages or trust deeds on nontransient residential properties. HI. Interest on Obligations of the State, Its Political Subdivisions, and Municipal Corporations. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security or other financial businesses, amounts derived from interest paid on all obligations of the state of Washington, its political subdivisions, and municipal corporations organized pursuant to the laws thereof. IJ. Interest on Loans to Farmers and Ranchers, Producers or Harvesters of Aquatic Products, or Their Cooperatives. In computing tax, there may be deducted from the measure of tax amounts derived as interest on loans to bona fide farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively by its borrowers or members and which is Page 132 of 282 engaged solely in the business of making loans and providing finance-related services to bona fide farmers and ranchers, producers or harvesters of aquatic products, their cooperatives, rural residents for housing, or persons engaged in furnishing farm-related or aquatic related services to these individuals or entities. K. “Interstate Trucking”. The tax imposed on motor carriers under subsection 3.53.040 shall not apply to gross income from freight picked up in the City and transported by the taxpayer to a location outside the State of Washington. A motor carrier that does not transport freight across the state boundary is not entitled to a deduction, even though the freight is destined for and is ultimately transported to a location outside Washington. JLK. Receipts from the Sales of Tangible Personal Property Delivered Outside the State. In computing tax, there may be deducted from the measure of tax under retailing or wholesaling amounts derived from the sale of tangible personal property that is delivered by the seller to the buyer or the buyer’s representative at a location outside the state of Washington. KML. Cash Discount Taken by Purchaser. In computing tax, there may be deducted from the measure of tax the cash discount amounts actually taken by the purchaser. This deduction is not allowed in arriving at the taxable amount under the extracting or manufacturing classifications with respect to articles produced or manufactured, the reported values of which, for the purposes of this tax, have been computed according to the “value of product” provisions. LNM. Credit Losses of Accrual Basis Taxpayers. In computing tax, there may be deducted from the measure of tax the amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis. MON. Repair, Maintenance, Replacement, Etc., of Residential Structures and Commonly Held Property – Eligible Organizations. 1. In computing tax, there may be deducted from the measure of tax amounts used solely for repair, maintenance, replacement, management, or improvement of the residential structures and commonly held property, but excluding property where fees or charges are made for use by the public who are not guests accompanied by a member, which are derived by: a. A cooperative housing association, corporation, or partnership from a person who resides in a structure owned by the cooperative housing association, corporation, or partnership; b. An association of owners of property as defined in RCW 64.32.010, as now or hereafter amended, from a person who is an apartment owner as defined in RCW 64.32.010; or c. An association of owners of residential property from a person who is a member of the association. “Association of owners of residential property” means any organization Page 133 of 282 of all the owners of residential property in a defined area who all hold the same property in common within the area. 2. For the purposes of this subsection “commonly held property” includes areas required for common access such as reception areas, halls, stairways, parking, etc., and may include recreation rooms, swimming pools and small parks or recreation areas; but is not intended to include more grounds than are normally required in a residential area, or to include such extensive areas as required for golf courses, campgrounds, hiking and riding areas, boating areas, etc. 3. To qualify for the deductions under this subsection: a. The salary or compensation paid to officers, managers, or employees must be only for actual services rendered and at levels comparable to the salary or compensation of like positions within the county wherein the property is located; b. Dues, fees, or assessments in excess of amounts needed for the purposes for which the deduction is allowed must be rebated to the members of the association; c. Assets of the association or organization must be distributable to all members and must not inure to the benefit of any single member or group of members. NPO. Radio and Television Broadcasting – Advertising Agency Fees – National, Regional, and Network Advertising – Interstate Allocations. In computing tax, there may be deducted from the measure of tax by radio and television broadcasters amounts representing the following: 1. Advertising agencies’ fees when such fees or allowances are shown as a discount or price reduction in the billing or that the billing is on a net basis, i.e., less the discount; 2. Actual gross receipts from national network, and regional advertising or a “standard deduction” as provided by RCW 82.04.280; and 3. Local advertising revenue that represent advertising which is intended to reach potential customers of the advertiser who are located outside the state of Washington. The director may issue a rule that provides detailed guidance as to how these deductions are to be calculated. Q. “Sales at Wholesale or Retail of Precious Metal Bullion and Monetized Bullion” In computing tax, there may be deducted from the measure of the tax amounts derived from the sale at wholesale or retail of precious metal bullion and monetized bullion. However, no deduction is allowed of amounts received as commissions upon transactions for the accounts of customers over and above the amount paid to other dealers associated in such transactions, and no deduction or offset is allowed against such commissions on account of salaries or commissions paid to salesmen or other employees. Page 134 of 282 OR.P. Constitutional Prohibitions. In computing tax, there may be deducted from the measure of the tax amounts derived from business which the city is prohibited from taxing under the Constitution of the state of Washington or the Constitution of the United States. PSQ. Receipts from the Sale of Tangible Personal Property and Retail Services Delivered Outside the City but Within Washington. Effective January 1, 2008, amounts included in the gross receipts reported on the tax return derived from the sale of tangible personal property delivered to the buyer or the buyer’s representative outside the city but within the state of Washington may be deducted from the measure of tax under the retailing, retail services, or wholesaling classification. QTR. Professional Employer Services. In computing the tax, a professional employer organization may deduct from the calculation of gross income the gross income of the business derived from performing professional employer services that is equal to the portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers’ compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement. RUS. Amounts Derived from the Sale or Lease of Clean Alternative Fuel and Plug-In Hybrid Vehicle Sales. The deduction applies as follows: 1. This chapter shall not include the proceeds collected on the sale or lease of new or used passenger cars, light duty trucks, or medium duty passenger vehicles that are either exclusively powered by clean alternative fuel; or is a plug-in hybrid vehicle that can travel at least 30 miles on battery power alone. 2. Up to $45,000 per new vehicle or up to $30,000 per used vehicle may be deducted from taxable revenue. 3. The sale of accessories purchased as part of the qualifying vehicle may be included in the deduction, provided the total deduction does not exceed the total amounts listed in subsection (RS)(2) of this section. 4. Extended warranties and maintenance agreements cannot be included in the amount to be deducted. 5. This deduction is available eligible beginning January 1, 2022, and will expire December 31, 2025. S. Nonprofit Health Care Organization Fees. In computing the tax, nonprofit health care organizations may deduct up to $30,000,000 in revenue derived from medical, nursing, ambulance, hospital, and other appropriate outpatient care as charges and service fees by the nonprofit health care organization. Page 135 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6861 (Thomas) Date: June 15, 2022 Department: Finance Attachments: Ordinance No. 6861 Ordinance No. 6861 Exhibit Budget Impact: Administrative Recommendation: City Council adopt Ordinance No. 6861. Background for Motion: Ordinance 6861 amends sections of the City’s Business and Occupation Tax Administrative provisions to add clarity and alignment with other sections of the City code. Background Summary: In May 2021 the Auburn City Council adopted ACC 3.54 Business and Occupation Tax Administrative Provisions. The Administrative Provisions outlines all of the administrative details for B&O tax filing due dates, late payments, overpayments, appeals, etc. for the tax that first became effective in January 1, 2022. In the time between initial adoption, business community outreach, and the first tax returns which were due April 30, 2022, there have been several clarifying questions. This amendment provides clarity for several sections within ACC 3.54, including more definitions (such as "cash basis", "generally accepted accounting principals", and "records"); clarify how interest on overpayments is calculated, and replace terminology for ease of understanding and clarity. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:June 21, 2022 Item Number:ORD.E Page 136 of 282 -------------------------------- Ordinance No. 6861 June 16, 2022 Page 1 of 3 ORDINANCE NO. 6861 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.54 OF THE AUBURN CITY CODE RELATED TO CITY BUSINESS AND OCCUPATION (B&O) TAX ADMINISTRATION: (1) AMENDING CERTAIN SECTIONS TO CLARIFY TERMS, DEFINITIONS AND THE CALCULATION OF TAX OVERPAYMENT INTEREST; AND (2) ADDING A NEW SECTION RELATED TO ADMINISTRATIVE TAX ASSESSMENTS AND PENALTIES FOR UNREGISTERED CITY BUSINESSES WHEREAS, in 2021 the City enacted its business and occupations (B&O) tax administrative code (ACC 3.54); WHEREAS, prior to and since the enactment of ACC 3.54, the City has engaged in outreach efforts with the business community and potential City business taxpayers in preparing to implement the taxation administrative requirements of ACC 3.54; WHEREAS, the City has determined based on this outreach that certain sections within ACC 3.54 should be amended in the following ways: • To define additional terms in the administrative code (such as “cash basis,” “generally accepted accounting principles,” and “records”) that will assist taxpayers and the City in determining and calculating City B&O tax liability; • To clarify how the City will calculate interest on City B&O tax overpayments; • To replace certain terms within the administrative code to those more familiar to the City’s business community and B&O taxpayers; and • To make additional needed technical revisions and corrections to the code; WHEREAS, the City has also determined that a new section should be added to ACC 3.54 to address how the City will assess unpaid taxes and penalties for unregistered City businesses subject to the City’s B&O tax that voluntarily register for City taxation before receiving City contact about the issue; and Page 137 of 282 -------------------------------- Ordinance No. 6861 June 16, 2022 Page 2 of 3 WHEREAS, these revisions and new section within ACC 3.54 will enable greater clarity and precision in the administration and implementation of the City’s B&O tax code, and they are in the best interest of the City, its business community and its B&O taxpayers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 3.54 of the Auburn City Code is amended to read as set forth on Exhibit A attached to this Ordinance. Section 2. New Section added to City Code. A new section ACC 3.54.155 entitled “Voluntary registration prior to Director contact” is added to ACC 3.54, to read as set forth in Exhibit A to this Ordinance. 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 138 of 282 -------------------------------- Ordinance No. 6861 June 16, 2022 Page 3 of 3 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 139 of 282 EXHIBIT A – ORDINANCE NO. 6861 ACC 3.54.030 Definitions. For purposes of this chapter: The definitions contained in Chapter 3.53 ACC shall apply equally to the provisions of this chapter unless the term is defined otherwise in this chapter. In addition, the following definitions will apply: A. “Cash basis” means a basis of accounting which recognizes revenues and expenses as occurring in the reporting period when they were actually either received or paid. B. “Generally accepted accounting principles” means those national accounting standards promulgated by the Financial Accounting Standards Board for businesses and nonprofit associations or by the Governmental Accounting Standards Board for state agencies or local governments. C. “Records” means the books of accounts and other business-related records of a taxpayer subject to the City’s Tax Code or License Code. Such records include ledgers, subsidiary ledgers, invoices, receipts, registration and incorporation documents, federal, state and local tax returns, and any other records necessary to establish the amounts due under the provisions of the City’s Code. D. “Reporting period” means: 1. A one-month period beginning the first day of each calendar month (monthly); or 2. A three-month period beginning the first day of January, April, July or October of each year (quarterly); or 3. A twelve-month period beginning the first day of January of each year (annual). BE. “Return” means any document a person is required by the city to file to satisfy or establish a tax or fee obligation that is administered or collected by the city and that has a statutorily defined due date. CF. “Successor” means any person to whom a taxpayer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of the taxpayer’s business, any part of the materials, supplies, merchandise, inventory, fixtures, or equipment of the taxpayer. Any person obligated to fulfill the terms of a contract shall be deemed a successor to any contractor defaulting in the performance of any contract as to which such person is a surety or guarantor. Page 140 of 282 G. “Tax” means the amount, usually based upon gross income, assessed upon a person doing business under the provisions of Chapter 3.53 ACC. DH. “Tax year” or “taxable year” means the calendar year. ACC 3.54.060 When due and payable – Reporting periods – Monthly, quarterly, and annual returns – Threshold provisions or relief from filing requirements – Computing time periods – Failure to file returns. A. Other than any annual license fee or registration fee assessed under this chapter, the tax imposed by this chapter shall be due and payable in quarterly installments. At the director’s discretion, businesses may be assigned to a monthly or annual reporting period depending on the tax amount owing or type of tax. Until December 31, 2020, tax payments are due on or before the last day of the next month following the end of the assigned reporting period covered by the return. Effective January 1, 2021, tax payments are due on or before the time as provided in RCW 82.32.045(1), (2) and (3). B. Taxes shall be paid as provided in this chapter and accompanied by a return on forms as prescribed by the director. The return shall be signed by the taxpayer personally or by a responsible officer or agent of the taxpayer. The individual signing the return shall swear or affirm that the information in the return is complete and true. C. Tax returns must be filed and returned by the due date whether or not any tax is owed. D. For purposes of the tax imposed by Chapter 3.53 ACC, any person whose value of products, gross proceeds of sales, or gross income of the business, subject to tax after all allowable deductions, is equal to or less than $500,000 in the current calendar year, and/or whose combined taxable business warehouse square footage within the city is 4,000 square feet or less, shall file a return, declaringe no tax due on their return, and submit the return to the director. The gross receipts and deduction amounts shall be entered on the tax return even though no tax may be due. E. A taxpayer that commences to engage in business activity shall file a return and pay the tax or fee for the portion of the reporting period during which the taxpayer is engaged in business activity. F. Except as otherwise specifically provided by any other provision of this chapter, in computing any period of days prescribed by this chapter the day of the act or event from which the designated period of time runs shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or city or federal legal holiday, in which case the last day of such period shall be the next succeeding day which is neither a Saturday, Sunday, or city or federal legal holiday. Page 141 of 282 G. Unless otherwise provided in this chapter, Iif any taxpayer fails, neglects or refuses to make a return as and when required in this chapter, the director is authorized to determine the amount of the tax or fees payable by obtaining facts and information upon which to base the director’s estimate of the tax or fees due. Such assessment shall be deemed prima facie correct and shall be the amount of tax owed to the city by the taxpayer. The director shall notify the taxpayer by mail of the amount of tax so determined, together with any penalty, interest, and fees due; the total of such amounts shall thereupon become immediately due and payable. ACC 3.54.130 Overpayment of tax, penalty or interest - Credit or refund – Interest rate – Statute of limitations. A. If, upon receipt of an application for a refund, or during an audit or examination of the taxpayer’s records and tax returns, the director determines that the amount of tax, penalty, or interest paid is in excess of that properly due, the excess amount shall be credited to the taxpayer’s account or shall be refunded to the taxpayer. Except as provided in subsection B of this section, no refund or credit shall be made for taxes, penalties, or interest paid more than four years prior to the beginning of the calendar year in which the refund application is made or examination of records is completed. B. The execution of a written waiver shall extend the time for applying for, or making a refund or credit of any taxes paid during, or attributable to, the years covered by the waiver if, prior to the expiration of the waiver period, an application for refund of such taxes is made by the taxpayer or the director discovers that a refund or credit is due. C. Refunds shall be made by means of vouchers approved by the director and by the issuance of a city check or warrants drawn upon and payable from such funds as the city may provide. D. Any final judgment for which a recovery is granted by any court of competent jurisdiction for tax, penalties, interest, or costs paid by any person shall be paid in the same manner, as provided in subsection C of this section, upon the filing with the director a certified copy of the order or judgment of the court. E. Interest on overpayments of taxes for reporting periods beginning on or after January 1, 2005, shall be computed in accordance with RCW 82.32.060, as now enacted or hereafter amended. [NEW SECTION] ACC 3.54.155 Voluntary registration prior to Director contact. Page 142 of 282 If an unregistered taxpayer doing business in the City voluntarily registers with the Director pursuant to ACC 3.54.050 prior to being contacted by the Director: 1. The Director’s assessment of taxes and/or interest pursuant to ACC 3.54.060.G shall be limited to 4 calendar years before the year of registration; and 2. The taxpayer’s payments for the registration year and prior assessed years shall not be subject to the late penalty in ACC 3.54.130. ACC 3.54.270 Closing Settlement agreement provisions. The director may enter into an agreement in writing with any person relating to the liability of such person in respect of any tax imposed by any of the chapters within this title and administered by this chapter for any taxable period(s). Upon approval of such agreement, evidenced by execution thereof by the director and the person so agreeing, the agreement shall be final and conclusive as to the tax liability or tax immunity covered thereby, and, except upon a showing of fraud or malfeasance, or misrepresentation of a material fact: A. The case shall not be reopened as to the matters agreed upon, or the agreement modified, by the director or the taxpayer; and B. In any suit, action or proceeding, such agreement, or any determination, assessment, collection, payment, abatement, refund, or credit made in accordance therewith, shall not be annulled, modified, set aside, or disregarded. Page 143 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6870 (Thomas) Date: June 15, 2022 Department: Finance Attachments: Ordinance No. 6870 Ordinance No. 6870 Exhibit Budget Impact: Administrative Recommendation: City Council adopt Ordinance No. 6870. Background for Motion: Ordinance 6870 amends sections of the City’s Utility Tax code to add alignment with other sections of the City code and provide greater flexibility for tax filing requirements. Background Summary: In May 2021 the Auburn City Council adopted ACC 3.53 Business and Occupation Tax, which first became effective in January 1, 2022. In this time the City has been working to consolidate processes and tax forms that businesses use for reporting all taxes to the City. Amendments to ACC 3.88 will ensure tax definitions and reporting requirements are consistent and harmonious with the Business and Occupation Tax ACC 3.53. Specifically amendments to this section will: add definitions for clarity ("electricity business" and "gross income"); clarify the Finance Director as the "Director" responsible for utility tax administration and regulation, add allowable deductions from taxable income; and specify the reporting and filing frequencies for utility tax payers earning different levels of gross income. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:June 21, 2022 Item Number:ORD.F Page 144 of 282 -------------------------------- Ordinance No. 6870 June 9, 2022 Page 1 of 2 Rev. 2019 ORDINANCE NO. 6870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.88 OF THE AUBURN CITY CODE RELATED TO UTILITY SERVICE TAX ADMINISTRATION, DEDUCTIONS AND FILING REQUIREMENTS, AND ADDING A NEW SECTION DEFINING CHAPTER TERMS WHEREAS, in 2021 the City enacted a B&O tax and corresponding administrative provisions in Auburn City Code (ACC) Chapters 3.53 and 3.54; and WHEREAS, with the B&O tax enactment, ACC Chapter 3.88 pertaining to City taxation of utility services should be revised and updated to ensure its consistency and harmony with ACC 3.53 and 3.54 in the following ways: • The City’s Finance Director should be designated as the Chapter enforcement officer, as the Director is in the best position to determine appropriate City utility tax administration and regulation; • State sales and use taxes collected by utilities and certain natural gas utility derived income should be added as a deduction from utility City taxes; • City utility tax return filing frequencies and payment requirements should be specified for utility taxpayers earning different levels of gross income; and WHEREAS, certain terms used within ACC 3.88 should be defined for clarity and precision, and a new section containing those applicable definitions should also be added to the chapter for this purpose; and WHEREAS, these revisions and additions to ACC 3.88 will enable greater clarity and precision in the administration and implementation of City taxation, and they are in the best interest of the City, its business community and its taxpayers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 3.88 of the Auburn City Code is amended to read as set forth in Exhibit A to this Ordinance. Page 145 of 282 -------------------------------- Ordinance No. 6870 June 9, 2022 Page 2 of 2 Rev. 2019 Section 2. New section to City Code. A new section ACC 3.88.035 defining applicable terms within ACC 3.88 is added to the chapter, to read as set forth in Exhibit A to this Ordinance. 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. 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 146 of 282 EXHIBIT A—ORD. 6870 ACC 3.88.020 Administration rules and regulations. The cCity Finance Director clerk is authorized to adopt, publish and enforce, from time to time, rules and regulations for the proper administration of this chapter, and it is unlawful to violate or to fail to comply with any such rule or regulation lawfully promulgated under this section. [New Section] ACC 3.88.035 Definitions. In construing the provisions of this chapter, except when otherwise plainly declared or clearly apparent from the context, the following definitions shall be applied: “Electricity business” means the business of producing, transmitting, distributing, or selling electricity; provided, however, a division or department of the City that is subject to the City’s Utilities Gross Earnings Tax as provided in Chapter 6A.100 is not included in this definition or chapter. “Gross income” means the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of the investment of capital in the business engaged in, including rentals, royalties, fees, or other emoluments, however designated (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stocks and the like) and without any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any deduction on account of losses. Page 147 of 282 ACC 3.88.050 Tax Deductible – Exempt revenues. In computing the annual tax there shall be deducted from the gross revenues the following items: A. The amount of credit losses and uncollectibles actually sustained by the taxpayer; B. Amounts derived from transactions in interstate or foreign commerce or from any business which the city is prohibited from taxing under the Constitution of the United States or the state. C. Any retail sales or use taxes collected by the taxpayer from consumers to be remitted to the Washington State Department of Revenue. D. Income derived from the activities of selling tangible personal property or providing services of a type that can be sold or provided by persons not in the business of transmitting, distributing, or selling natural gas for which a separate charge is made; provided, that income derived from activity incidental to transmitting, distributing, or selling natural gas may not be deducted from gross income subject to the tax under this chapter. Page 148 of 282 ACC 3.88.060 Tax Return Filing and – Payment Requirements– Returns. Taxpayers subject to the tax imposed by this chapter shall record and report tax due on a City tax return form, and shall file the return and pay the corresponding tax due to the City finance director, as follows: A. Taxpayers with gross income of less than $2,000 per calendar year that do not maintain a permanent operating location within the City are exempt from the tax and return requirements imposed by this chapter. B. Taxpayers with gross income of $20,000 per month or less: unless subsection A of this section applies, the taxes imposed by this chapter shall be reported annually, and paid on or before January 31st of the year following the year in which the income was received. C. Taxpayers with gross income between $20,000 per month and $100,000 per month: the taxes imposed by this chapter shall be reported quarterly, and paid on or before the 30th day of the month after the end of the quarterly period in which the income was received. Such quarterly periods are as follows: 1st quarter – January, February, March 2nd quarter – April, May, June 3rd quarter – July, August, September 4th quarter – October, November, December D. Taxpayers with gross income exceeding $100,000 per month: the taxes imposed by this chapter shall be reported monthly, and paid on or before the 30th day of the month after the month in which the income was received. E. Finance director reservation of rights. The City Finance Director reserves the right to assign individual taxpayer tax return filing frequency on a case by case basis. The tax imposed by ACC 3.88.040 shall be due and payable quarterly on or before the last day of the month following the end of each quarterly period in each year, with the first quarterly payment payable on the last day in October, 1976. On or before the due date the taxpayer shall file with the city clerk a written return, upon such form and setting forth such information as the clerk shall reasonably require, together with the payment of the amount of the tax. Page 149 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6872 (Thomas) Date: June 15, 2022 Department: Finance Attachments: Ordinance No. 6872 Ordinance No. 6872 Exhibit Budget Impact: Administrative Recommendation: City Council adopt Ordinance No. 6872. Background for Motion: Ordinance 6872 amends sections of the City’s Garbage Utility Tax code to add alignment with other sections of the City code and provide greater flexibility for tax filing requirements. Background Summary: In May 2021 the Auburn City Council adopted ACC 3.53 Business and Occupation Tax, which first became effective in January 1, 2022. In this time the City has been working to consolidate processes and tax forms that businesses use for reporting all taxes to the City. Amendments to ACC 3.41 will ensure tax definitions and reporting requirements are consistent and harmonious with the Business and Occupation Tax ACC 3.53. Specifically, amendments to ACC 3.41 Garbage Utility Tax will: add definitions for clarity ("gross income", "solid waste" and "solid waste collection services"); identify allowable deductions from taxable income; identify method for refunding overpayments; and and specify the reporting and filing frequencies for solid waste garbage utility tax payers earning different levels of gross income. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:June 21, 2022 Item Number:ORD.G Page 150 of 282 -------------------------------- Ordinance No. 6872 June 9, 2022 Page 1 of 3 Rev. 2019 ORDINANCE NO. 6872 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.41 OF THE AUBURN CITY CODE RELATED TO GARBAGE UTILITY TAX AND ADDING NEW SECTIONS DEFINING CHAPTER TERMS, TAX FILING FREQUENCIES, ELIGIBLE DEDCUTIONS, AND PROVISIONS FOR OVERPAYMENT OF TAX WHEREAS, in 2021 the City enacted a B&O tax and corresponding administrative provisions in Auburn City Code (ACC) Chapters 3.53 and 3.54; and WHEREAS, with the B&O tax enactment, ACC Chapter 3.41 pertaining to City taxation of garbage services should be revised and updated to ensure its consistency and harmony with ACC 3.53 and 3.54 in the following ways: • To define terms in the code (such as “gross income”, “solid waste”, and “solid waste collection service”); • State sales and use taxes collected by a solid waste collection business directly from customers and remitted to the State, should be added as a deduction from taxable income; • Outline the method for refunding overpayment of solid waste garbage utility taxes; • City solid waste garbage tax return filing frequencies and payment requirements should be specified for taxpayers earning different levels of gross income; and WHEREAS, certain terms used within ACC 3.41 should be defined for clarity and precision, and a new section containing those applicable definitions should also be added to the chapter for this purpose; and WHEREAS, these revisions and additions to ACC 3.41 will enable greater clarity and precision in the administration and implementation of City taxation, and they are in the best interest of the City, its business community and its taxpayers. Page 151 of 282 -------------------------------- Ordinance No. 6872 June 9, 2022 Page 2 of 3 Rev. 2019 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 3.41 of the Auburn City Code is amended to read as set forth in Exhibit A to this Ordinance. Section 2. New section to City Code. A new section ACC 3.41.011 defining applicable terms, a new section ACC 3.41.012 defining tax return filing frequencies, a new section ACC 3.41.013 defining qualifying deductions, and new section ACC 3.41.014 outlining the method for refunding tax overpayments, within ACC 3.41 is added to the chapter, to read as set forth in Exhibit A to this Ordinance. 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 152 of 282 -------------------------------- Ordinance No. 6872 June 9, 2022 Page 3 of 3 Rev. 2019 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 153 of 282 EXHIBIT A – ORD. 6872 Chapter 3.41 SOLID WASTE GARBAGE UTILITY TAX ACC 3.41.010 Tax created. A. There is created a 10% percent tax to be levied on and after January 1, 2021, against and upon the gross receipts and total annual revenues of: 1. The city’s garbage fund; and 2. All solid waste utilities and every business enterprise or other entity engaged in handling solid waste. B. For the purposes of this section “solid waste” means garbage, recyclables and yard debris. CB. The finance director is directed to collect this tax and to pay the collected funds into the city’s general expense fund, subject to subsection CD of this section. DC. On and after January 1, 2021, the finance director shall allocate 1% one percent of the tax revenue received under this section to the city’s arterial street preservation fund. ED. The tax rate in subsection A of this section shall automatically revert to 9% nine percent if the state of Washington provides the city’s arterial street preservation fund with a long-term sustainable funding source that is sufficient to maintain the city’s arterial street system’s pavement condition index (PCI) at an average of 70 PCI out of a score of 100 PCI for the foreseeable future. FE. Pursuant to RCW 35.68.560, nothing in this section shall be intended or construed to impose a tax on any county owned or operated solid waste facility. Page 154 of 282 [New Section] ACC 3.41.011 Definitions. A. “Gross income” means the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of the investment of capital in the business engaged in, including rentals, royalties, fees, or other emoluments, however designated (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stocks and the like) and without any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any deduction on account of losses. B. “Solid waste” means garbage, trash, rubbish, or other material discarded as worthless or not economically viable for further use, infectious, hazardous, or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recycling or salvage. C. “Solid waste collection service” means receiving solid waste for transfer, processing, treatment, storage, or disposal including, but not limited to, all collection services, public or private dumps, transfer stations, and similar operations. Page 155 of 282 [New Section] ACC 3.41.012 Tax – Payment – Returns. A. Exemption from tax and return requirement. Taxpayers with gross income of less than $2,000 per calendar year that do not maintain a permanent operating location within the City are exempt from the tax and return requirements imposed by this chapter. B. Tax return filing and payment requirements. Taxpayers subject to the tax imposed by this chapter shall record and report tax due on a City tax return form, and shall file the return and pay the corresponding tax due to the City finance director, as follows: 1. Taxpayers with gross income exceeding $20,000 per month: the taxes imposed by this chapter shall be due in quarterly installments, and paid on or before the 30th day of the month after the end of the quarterly period in which the income was received. Such quarterly periods are as follows: 1st quarter – January, February, March 2nd quarter – April, May, June 3rd quarter – July, August, September 4th quarter – October, November, December 2. Taxpayers with gross income of $20,000 per month or less: unless subsection A of this section applies, the taxes imposed by this chapter shall be due annually, and paid on or before January 31st of the year following the year in which the income was received. 3. Finance director reservation of rights. The Finance Director reserves the right to”gross review and reassign tax filing frequency on a case by case basis, as warranted by administrative requirements. Page 156 of 282 [New Section] ACC 3.41.013 Deductions. A. There may be deducted from the total gross income upon which the tax is computed revenues derived from business which the City is prohibited from taxing under the constitution or laws of the state of Washington or the United States or the Charter of the City. B. There may be deducted from the total gross income upon which the tax is computed the amount of state excise taxes, pursuant to RCW 82.18, imposed directly upon persons using the service of a solid waste collection business and collected for payment to the state by the solid waste collection business. [New Section] ACC 3.41.014 Overpayment of tax. A. If a taxpayer refund request or an audit or examination of the taxpayer’s records reveals that the taxpayer has paid tax exceeding that properly due within the 2 years immediately preceding the request, audit or examination, the City shall (at the taxpayer’s option) credit the excess amount paid to the taxpayer’s account or refund the excess amount to the taxpayer. B. No refund or credit will be allowed for any payment made more than 2 years before the date that such request, audit or examination is commenced. C. Where a refund or credit is disallowed by the lapse of the 2 year period in this section, the Director may use the credit or refund amount otherwise allowable to offset any tax deficiency determined by the Director to be due for the tax assessment period preceding the 2 year period. Page 157 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6873 (Thomas) Date: June 15, 2022 Department: Finance Attachments: Ordinance No. 6873 Ordinance No. 6873 Exhibit Budget Impact: Administrative Recommendation: City Council adopt Ordinance No. 6873. Background for Motion: Ordinance 6873 amends sections of the City’s Cable Television Tax code to add alignment with other sections of the City code and provide greater flexibility for tax filing requirements. Background Summary: In May 2021 the Auburn City Council adopted ACC 3.53 Business and Occupation Tax, which first became effective in January 1, 2022. During this time the City has been working to consolidate and improve the tax forms and processes businesses use to report and file utility tax to the City. This amendment provides clarity for tax filing and reporting frequencies for businesses paying and reporting cable television utility tax. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:June 21, 2022 Item Number:ORD.H Page 158 of 282 -------------------------------- Ordinance No. 6873 June 9, 2022 Page 1 of 2 Rev. 2019 ORDINANCE NO. 6873 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.42 OF THE AUBURN CITY CODE RELATED TO CABLE TELEVISION UTILITY TAX ADDING A NEW SECTION RELATED TO TAX FILING FREQUENCIES. WHEREAS, in 2021 the City enacted a B&O tax and corresponding administrative provisions in Auburn City Code (ACC) Chapters 3.53 and 3.54; and WHEREAS, with the B&O tax enactment, ACC Chapter 3.42 pertaining to City taxation of cable television services should be revised and updated to ensure its consistency and harmony with ACC 3.53 and 3.54 in the following ways: • City cable television utility tax return filing frequencies and payment requirements should be specified for taxpayers earning different levels of gross income; and WHEREAS, these additions to ACC 3.42 will enable greater clarity and precision in the administration and implementation of City taxation, and they are in the best interest of the City, its business community and its taxpayers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New section to City Code. A new section ACC 3.42.030 defining tax return filing frequencies, within ACC 3.42 is added to the chapter, to read as set forth in Exhibit A to this Ordinance. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, Page 159 of 282 -------------------------------- Ordinance No. 6873 June 9, 2022 Page 2 of 2 Rev. 2019 section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 160 of 282 EXHIBIT A – ORD. 6873 [New Section] ACC 3.42.030 Tax – Payment – Returns. A. Exemption from tax and return requirement. Taxpayers with gross income of less than $2,000 per calendar year that do not maintain a permanent operating location within the City are exempt from the tax and return requirements imposed by this chapter. B. Tax return filing and payment requirements. Taxpayers subject to the tax imposed by this chapter shall record and report tax due on a City tax return form, and shall file the return and pay the corresponding tax due to the City finance director, as follows: 1. Taxpayers with gross income exceeding $20,000 per month: the taxes imposed by this chapter shall be due in quarterly installments, and paid on or before the 30th day of the month after the end of the quarterly period in which the income was received. Such quarterly periods are as follows: 1st quarter – January, February, March 2nd quarter – April, May, June 3rd quarter – July, August, September 4th quarter – October, November, December 2. Taxpayers with gross income of $20,000 per month or less: unless subsection A of this section applies, the taxes imposed by this chapter shall be due annually, and paid on or before January 31st of the year following the year in which the income was received. 3. Finance director reservation of rights. The City Finance Director reserves the right to review and reassign tax return filing frequency on a case by case basis, as warranted by administrative requirements. Page 161 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6874 (Thomas) Date: June 15, 2022 Department: Finance Attachments: Ordinance No. 6874 Ordinance No. 6874 Exhibit Budget Impact: Administrative Recommendation: City Council adopt Ordinance No. 6874. Background for Motion: Ordinance 6874 amends sections of the City’s Gambling Tax code to add alignment with other sections of the City code and provide greater flexibility for tax filing requirements. Background Summary: In May 2021 the Auburn City Council adopted ACC 3.53 Business and Occupation Tax, which first became effective in January 1, 2022. During this time the City has been working to consolidate and improve the tax forms and processes businesses use to report and file utility tax to the City. This amendment defines additional terms (“amusement games”, “bingo”, “bona fide charitable or nonprofit organization”, “pull-tabs”, “public card room”, “punchboard”, and “raffle”); and provides clarity for tax filing and reporting frequencies for businesses paying and reporting gambling activity taxes. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:June 21, 2022 Item Number:ORD.I Page 162 of 282 -------------------------------- Ordinance No. 6874 June 9, 2022 Page 1 of 2 Rev. 2019 ORDINANCE NO. 6874 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.80 OF THE AUBURN CITY CODE RELATED TO GAMBLING ACTIVITES TAX FILING FREQUENCIES AND ADDING A NEW SECTION DEFINING CHAPTER TERMS WHEREAS, in 2021 the City enacted a B&O tax and corresponding administrative provisions in Auburn City Code (ACC) Chapters 3.53 and 3.54; and WHEREAS, with the B&O tax enactment, ACC Chapter 3.80 pertaining to City taxation of gambling activities should be revised and updated to ensure its consistency and harmony with ACC 3.53 and 3.54 in the following ways: • To define additional terms in the code (such as “amusement games”, “bingo”, “bona fide charitable or nonprofit organization”, “pull-tabs”, “public card room”, “punchboard”, and “raffle”); • City gambling activity tax return filing frequencies and payment requirements should be specified for taxpayers earning different levels of gross income; and WHEREAS, certain terms used within ACC 3.80 should be defined for clarity and precision, and a new section containing those applicable definitions should also be added to the chapter for this purpose; and WHEREAS, these revisions and additions to ACC 3.80 will enable greater clarity and precision in the administration and implementation of City taxation, and they are in the best interest of the City, its business community and its taxpayers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 3.80 of the Auburn City Code is amended to read as set forth in Exhibit A to this Ordinance. Page 163 of 282 -------------------------------- Ordinance No. 6874 June 9, 2022 Page 2 of 2 Rev. 2019 Section 2. New section to City Code. A new section ACC 3.80.015 defining applicable terms within ACC 3.80 is added to the chapter, to read as set forth in Exhibit A to this Ordinance. 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. 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 164 of 282 EXHIBIT A—ORD. 6874 [NEW SECTION] ACC 3.80.015 – Definitions. For purposes of this chapter, the following definitions shall be applied: A. “Amusement game” means a game played for entertainment in which the contestant actively participates, the outcome depends in a material degree upon the skill of the contestant or which meets the requirements of RCW 9.46.0201, as now enacted or hereafter amended. B. “Bingo” means a game in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random or which meets the requirements of RCW 9.46.0205, as now enacted or hereafter amended. C. “Bona fide charitable or nonprofit organization” shall have the meaning set forth in RCW 9.46.0209, as now enacted or hereafter amended. D. “Pull-tabs” means a game in which the participant, on payment of a nominal sum, receives a paper tab from a dispenser which is pulled apart to reveal a designated prize or meets the requirements of RCW 9.46.0273, as now enacted or hereafter amended. E. “Public card room” means that area of the business being commercially stimulated set aside for the playing of card games. F. “Punchboard” means a board with many holes filled with rolled-up printed slips to be punched out on payment of a nominal sum in an effort to obtain a slip that entitles the player to a designated prize or that meets the requirements of RCW 9.46.0273, as now enacted or hereafter amended. G. “Raffle” means a game in which tickets bearing an individual number are sold for not more than $25 each and in which a prize or prizes are awarded on the basis of a drawing from the tickets sold or which meets the requirements of RCW 9.46.0277, as now enacted or hereafter amended. Page 165 of 282 ACC 3.80.070 Tax – Exemption - Payment – Returnsports. A. Exemption from tax and return requirement. Taxpayers with gross income of less than $2,000 per calendar year that do not maintain a permanent operating location within the City are exempt from the tax and return requirements imposed by this chapter. B. Payment of tax upon filing Washington State Gambling Commission report. The taxes called for as set forth in ACC 3.80.040 and 3.80.060 shall be paid to the city finance director uUpon the filing of any report to the Washington State Gambling Commission of gambling moneys received, a taxpayer shall pay the taxes imposed by this chapter and file by a license holder to the Washington State Gambling Commission, and a duplicate copy of any such reports shall be filed simultaneously with the city finance director along with the tax payment of the tax thereon. C. Tax return filing and payment requirements. Taxpayers subject to the tax imposed by this chapter shall record and report tax due on a City tax return form, and shall file the return and pay the corresponding tax due to the City finance director, as follows: 1. Taxpayers with gross income exceeding $20,000 per month: the taxes imposed by this chapter shall be due in quarterly installments, and paid on or before the 30th day of the month after the end of the quarterly period in which the income was received. Such quarterly periods are as follows: 1st quarter – January, February, March 2nd quarter – April, May, June 3rd quarter – July, August, September 4th quarter – October, November, December 2. Taxpayers with gross income of $20,000 per month or less: unless subsection A of this section applies, the taxes imposed by this chapter shall be due annually, and paid on or before January 31st of the year following the year in which the income was received. 3. Finance director reservation of rights. The City Finance Director reserves the right to review and reassign tax return filing frequency on a case by case basis, as warranted by administrative requirements. Page 166 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6875 (Thomas) Date: June 15, 2022 Department: Finance Attachments: Ordinance No. 6875 Ordinance No. 6875 Exhibit Budget Impact: Administrative Recommendation: City Council adopt Ordinance No. 6875. Background for Motion: Ordinance 6875 amends sections of the City’s Telephone Utility Tax code to add alignment with other sections of the City code and provide greater flexibility for tax filing requirements. Background Summary: In May 2021 the Auburn City Council adopted ACC 3.53 Business and Occupation Tax, which first became effective in January 1, 2022. During this time the City has been working to consolidate and improve the tax forms and processes businesses use to report and file utility tax to the City. This amendment defines additional terms (“competitive telephone service”, “gross income”, “network telephone service”, “pager service”, and “place of primary use”); and provides clarity for tax filing and reporting frequencies for businesses paying and reporting telephone taxes. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:June 21, 2022 Item Number:ORD.J Page 167 of 282 -------------------------------- Ordinance No. 6875 June 9, 2022 Page 1 of 2 Rev. 2019 ORDINANCE NO. 6875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.84 OF THE AUBURN CITY CODE RELATED TO TELEPHONE BUSINESS CHAPTER TERMS, TAX FILING FREQUENCIES, AND DEDCUTIONS FROM TAX. WHEREAS, in 2021 the City enacted a B&O tax and corresponding administrative provisions in Auburn City Code (ACC) Chapters 3.53 and 3.54; and WHEREAS, with the B&O tax enactment, ACC Chapter 3.84 pertaining to City taxation of telephone businesses should be revised and updated to ensure its consistency and harmony with ACC 3.53 and 3.54 in the following ways: • To define additional terms in the code (such as “competitive telephone service”, “gross income”, “network telephone service”, “pager service”, and “place of primary use”); • To clarify income earned directly from the City of Auburn, shall be deducted from taxable income; • Tax return filing frequencies and payment requirements should be specified for telephone businesses earning different levels of gross income; and WHEREAS, certain terms used within ACC 3.84 should be defined for clarity and precision; and WHEREAS, these revisions and additions to ACC 3.84 will enable greater clarity and precision in the administration and implementation of City taxation, and they are in the best interest of the City, its business community and its taxpayers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 3.84 of the Auburn City Code is amended to read as set forth in Exhibit A to this Ordinance. Page 168 of 282 -------------------------------- Ordinance No. 6875 June 9, 2022 Page 2 of 2 Rev. 2019 Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 169 of 282 EXHIBIT A—ORD. 6875 ACC 3.84.010 Definitionsed. A. “Telephone business” means the business of providing access to a local telephone network, local telephone network switching service, toll service, cellular telephone service, or coin telephone services, or providing telephonic, video, data, or similar communication or transmission for hire, via a local telephone network, toll line or channel, or similar communication or transmission system, and as more fully defined in RCW 82.04.065. It includes cooperative or farmer line telephone companies or associations operating an exchange. “Telephone business” does not include the providing of competitive telephone service, nor the providing of cable television service, nor the providing of broadcast services by radio or television stations. B. “Cellular telephone service” is a two-way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology which accomplishes a purpose similar to cellular mobile service. C. “Competitive telephone service” means the providing by any person of telecommunications equipment, apparatus, or service related to that equipment or apparatus, such as repair or maintenance services, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. Transmission of communication through cellular telephones is defined as a “telephone business” in subsection A of this section rather than as a “competitive telephone service.” D. “Gross income” means the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of the investment of capital in the business engaged in, including rentals, royalties, fees, or other emoluments, however designated (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stocks and the like) and without any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any deduction on account of losses. E. “Network telephone service” means the providing by any person of access to a telephone network, telephone network switching service, toll service, or coin telephone service, or providing of telephonic, video, voice, data, or similar communication or Page 170 of 282 transmission for hire, via a telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. Network telephone service includes the provision of electronic transmitting to and from the site of an internet service provider via a telephone network, toll line or channel, cable, microwave, or similar communication or transmitting system, without regard to whether such service is referred to as voice over internet protocol services. It also encompasses interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state. Network telephone service does not include the providing of competitive telephone service, the providing of cable television service, or the providing of broadcast services by radio or television stations, nor the provision of internet service as defined in RCW 82.04.297, including the reception of dial-in connection provided at the site of the internet service provider. F. “Pager service” means service provided by means of an electronic device which has the ability to send or receive voice or digital messages transmitted through the local telephone network via satellite or any other form of voice or data transmission. G. “Place of primary use” means the residential street address or the primary business street address of the customer and in both cases must be located within the licensed service area of the home service provider. ACC 3.84.020 Competitive telephone service defined. “Competitive telephone service” means the providing by any person of telecommunications equipment, apparatus, or service related to that equipment or apparatus, such as repair or maintenance services, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. Transmission of communication through cellular telephones is classified as “telephone business” in ACC 3.84.010 rather than “competitive telephone service.” Page 171 of 282 ACC 3.84.050 Tax – Payment – Returnsschedule. A. Exemption from tax and return requirement. Taxpayers with gross income of less than $2,000 per calendar year that do not maintain a permanent operating location within the City are exempt from the tax and return requirements imposed by this chapter. B. Tax return filing and payment requirements. Taxpayers subject to the tax imposed by this chapter shall record and report tax due on a City tax return form, and shall file the return and pay the corresponding tax due to the City finance director, as follows: 1. Taxpayers with gross income exceeding $20,000 per month: the taxes imposed by this chapter shall be due in quarterly installments, and paid on or before the 30th day of the month after the end of the quarterly period in which the income was received. Such quarterly periods are as follows: 1st First quarter – January, February, March 2nd Second quarter – April, May, June 3rd Third quarter – July, August, September 4th Fourth quarter – October, November, December 2. Taxpayers with gross income of $20,000 per month or less: unless subsection A of this section applies, the taxes imposed by this chapter shall be due annually, and paid on or before January 31st of the year following the year in which the income was received. 3. Finance director reservation of rights. The City Finance Director reserves the right to review and reassign tax return filing frequency on a case by case basis, as warranted by administrative requirements.The tax imposed by this chapter shall be due and payable in quarterly installments and remittance shall be made on or before the thirtieth day of the month next succeeding the end of the quarterly period in which the tax accrued. Such quarterly periods are as follows: First quarter – January, February, March Second quarter – April, May, June Third quarter – July, August, September Fourth quarter – October, November, December Page 172 of 282 D. The first payment made hereunder shall be made by April 30, 1982, for the three- month period ending March 31, 1982. On or before the due date the taxpayer shall file with the city clerk a written return, upon such form and setting forth such information as the clerk shall reasonably require, together with the payment of the amount of the tax. ACC 3.84.060 Tax – Deductions. In computing the tax there shall be deducted from the gross revenues the following items: A. The amount of credit losses and uncollectibles actually sustained by the taxpayer; B. A deduction from gross revenues shall be allowed, only to cellular telephone service companies which keep their regular books of account on an accrual basis, for the total amount of cash discounts and credit losses actually sustained by a taxpayer as a result of cellular telephone service business; C. Amounts derived from transactions in interstate or foreign commerce or from any business which the city of Auburn, Washington, is prohibited from taxing under the Constitution of the United States or the state of Washington; D. Amounts that the City pays to derived by the taxpayer from the city of Auburn, Washington; E. That portion of the gross revenues derived from charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services; F. Charges by a taxpayer engaging in a telephone business to a telecommunications company, as defined in RCW 80.04.010, for telephone service that the purchaser buys for the purpose of resale. Page 173 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5671 (Gaub) Date: June 10, 2022 Department: Public Works Attachments: Resolution No. 5671 Exhibit A - 2023-2028 Transportation Improvement Program Project Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council adopt Resolution No. 5671. Background for Motion: This Resolution adopts the updated Transportation Improvement Program, also called the TIP. The TIP is a multiyear planning document for the development of transportation facilities within the City. RCW 35.77.010 requires it to be amended by June 30 each year. Background Summary: Resolution No. 5671 authorizes the City Council to adopt the 2023-2028 Transportation Improvement Program (TIP). The TIP is a multiyear planning tool and document for the development of transportation facilities within the City and does not represent a financial commitment by the City. Once the TIP is approved, projects are budgeted and funded through the City’s biennial budget. The TIP sets priorities for the allocation of secured and unsecured funding and is a prerequisite of most grant programs. Staff also uses the TIP to coordinate future transportation projects with needed utility improvements. The projects and programs identified in the TIP that increase the capacity of the transportation system to address growth and development provide the basis for the City’s transportation impact fee program. Projects must also be included in the TIP to be eligible for state and federal grant funding. RCW 35.77.010 requires that the TIP be amended by June 30 each year. The proposed 2023-2028 TIP was presented and discussed at the May 9, 2022 Council Study Session. The City's citizen Transportation Advisory Board (TAB), reviewed and discussed the 2023- 2028 TIP at its May 10, 2022 meeting and passed a motion making a recommendation to the City Council to adopt the TIP. Due to a recent grant process and potential grant award Project N-5 was revised to reflect a reduction to the scope to increase the likelihood of the grant award which will be determined later this year. The original project included improvements at two intersections: 1st St NW/NE at N Division and at A Street NW. The revised project includes only the 1st St NW/NE at N Division intersection. Page 174 of 282 A public hearing for the TIP was set by consent agenda at the June 6, 2022 Council Meeting. The hearing is scheduled to be held at the June 21, 2022 Council Meeting in advance of the adoption of this resolution. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 21, 2022 Item Number:RES.A Page 175 of 282 Resolution No. 5671 May 24, 2022 Page 1 RESOLUTION NO. 5671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND ADOPTING THE 2023-2028 TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN WHEREAS, RCW 35.77.010 requires that the legislative body of each City prepare and adopt a comprehensive Transportation Improvement Program for the ensuing six years, but only after conducting a public hearing; and WHEREAS, a public hearing to review the 2023-2028 Transportation Improvement Program for the City of Auburn was held on June 21, 2022, at the hour of 7:00 p.m. at the Auburn City Council meeting held in the Council Chambers at Auburn City Hall and virtually, pursuant to notice published in the legal newspaper of the City of Auburn on June 9, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The 2023-2028 comprehensive Transportation Improvement Program is adopted, which will be in substantial conformity with the attached Exhibit “A.” Section 2. The City Engineer of the City of Auburn is authorized to file a certified copy of this Resolution and the 2023-2028 Transportation Improvement Program with the Washington State Department of Transportation. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force on passage and signatures. Dated and Signed this _____ day of _________________, 2022. CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 176 of 282 2023-2028 Transportation Improvement Program Public Works Department Transportation Section Adopted June 21, 2022 by Resolution No. 5671 Page 177 of 282 City of Auburn Transportation Improvement Program ii Cover Photos: Left: Lea Hill Bridge Deck Preservation, Right: Lakeland Hills Way Preservation Page 178 of 282 Resolution No. 5671 May 24, 2022 Page 1 RESOLUTION NO. 5671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND ADOPTING THE 2023-2028 TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN WHEREAS, RCW 35.77.010 requires that the legislative body of each City prepare and adopt a comprehensive Transportation Improvement Program for the ensuing six years, but only after conducting a public hearing; and WHEREAS, a public hearing to review the 2023-2028 Transportation Improvement Program for the City of Auburn was held on June 21, 2022, at the hour of 7:00 p.m. at the Auburn City Council meeting held in the Council Chambers at Auburn City Hall and virtually, pursuant to notice published in the legal newspaper of the City of Auburn on June 9, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The 2023-2028 comprehensive Transportation Improvement Program is adopted, which will be in substantial conformity with the attached Exhibit “A.” Section 2. The City Engineer of the City of Auburn is authorized to file a certified copy of this Resolution and the 2023-2028 Transportation Improvement Program with the Washington State Department of Transportation. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force on passage and signatures. Dated and Signed this _____ day of _________________, 2022. CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 179 of 282 City of Auburn Transportation Improvement Program iv Table of Contents Executive Summary .............................................................................................................................. 1 Introduction ............................................................................................................................................. 1 Projects & Financing Plan Summary ................................................................................................ 3 Intersection, Traffic Signal and ITS Projects ................................................................................ 13 Auburn Way N/1st Street NE Signal Replacement (TIP# I-1) ..................................................... 13 Annual Traffic Signal Improvements (TIP# I-2) ............................................................................. 14 ITS Dynamic Message Signs (TIP# I-3) ......................................................................................... 15 Street Lighting Improvement Program (TIP# I-4) .......................................................................... 16 Harvey Rd NE/8th St NE Intersection Improvements (TIP# I-5) ................................................ 17 Lea Hill Road/112th Avenue SE Roundabout (TIP# I-6) ............................................................. 18 Auburn Avenue/E Main Street Signal Replacement (TIP# I-7) ................................................... 19 R St SE/29th Street SE Intersection Improvements (TIP# I-8) ................................................... 20 Lea Hill ITS Expansion (TIP# I-9) .................................................................................................... 21 R St SE/21st Street SE Roundabout (TIP# I-10) .......................................................................... 22 Auburn Way S/6th Street SE Intersection Improvements (TIP# I-11) ....................................... 23 Lea Hill Road/104th Avenue SE Roundabout (TIP# I-12) ........................................................... 24 SE 304th Street/132nd Avenue SE Roundabout (TIP# I-13) ...................................................... 25 Decorative Downtown LED Conversion (TIP# I-14) ..................................................................... 26 10th Street NW/A Street NW Intersection Improvements (TIP# I-15) ....................................... 27 15th Street NW/SR 167 NB Ramps (TIP# I-16) ............................................................................ 28 Neighborhood Street Lighting Program (TIP# I-17) ...................................................................... 29 Non-Motorized and Transit Projects ............................................................................................... 31 Non-Motorized Safety Program (TIP# N-1) .................................................................................... 31 Sidewalk Repair and Accessibility Program (TIP# N-2) ............................................................... 32 10th Street NE Non-Motorized Improvements (TIP# N-3) ........................................................... 33 Transit Partnership Routes (TIP# N-4) ........................................................................................... 34 Regional Growth Center Pedestrian Improvements (TIP# N-5) ................................................. 35 Auburn Station Access Improvements (TIP# N-6) ........................................................................ 36 Auburn Way S (SR 164) – Southside Sidewalk Improvements (TIP# N-7) .............................. 37 Evergreen Heights Elementary Sidewalks (TIP# N-8) ................................................................. 38 Riverwalk Drive SE Non-Motorized Improvements (TIP# N-9) ................................................... 39 2023 City Safety Pedestrian Crossing Enhancements (TIP# N-10) .......................................... 40 Lea Hill Safe Routes to Schools (TIP# N-11) ................................................................................ 41 37th Street SE Safe Routes to Schools (TIP# N-12) .................................................................... 42 2022 Arterial Pedestrian and Bicycle Safety Project (TIP# N-13) .............................................. 43 2022 Sidewalk and ADA Improvement Project (TIP# N-14) ....................................................... 44 Preservation Projects ......................................................................................................................... 46 Arterial Street Preservation Program (TIP# P-1) .......................................................................... 46 Local Street Preservation Program (TIP# P-2) .............................................................................. 47 2nd Street SE Preservation (TIP# P-3) .......................................................................................... 48 Bridge Deck Preservation Program (TIP# P-4) ............................................................................. 49 Bridge Structure Preservation Program (TIP# P-5) ...................................................................... 50 Lake Tapps Pkwy/Sumner-Tapps Hwy E Preservation (TIP# P-6) ............................................ 51 Page 180 of 282 City of Auburn Transportation Improvement Program v C Street SW Preservation (GSA Signal to Ellingson Road SE) (TIP# P-7) .............................. 52 D Street SE and 23rd Street SE Storm Improvements (TIP# P-8) ............................................ 53 A Street SE Preservation (37th Street SE to Lakeland Hills Way) (TIP# P-10) ....................... 54 C Street SW Preservation (W Main St to GSA Signal) (TIP# P-11) .......................................... 55 4th Street SE Preservation (Auburn Way S to L Street SE) (TIP# P-14) .................................. 56 2023 Arterial Preservation Project (TIP# P-15) ............................................................................. 57 2023 Local Street Preservation Project (TIP# P-16) .................................................................... 58 Roadway Projects ................................................................................................................................ 60 Neighborhood Traffic Calming Program (TIP# R-1) ..................................................................... 60 Stewart Road – Sumner (Lake Tapps Parkway Corridor) (TIP# R-2) ....................................... 61 M St Underpass (3rd St SE to 8th St SE) (TIP# R-3) ................................................................... 62 A St Loop (TIP# R-4) ......................................................................................................................... 63 A St NW, Phase 2 (W Main St to 3rd St NW) (TIP# R-5) ............................................................ 64 Auburn Way S Widening (Hemlock St SE to Poplar St SE) (TIP# R-6) .................................... 65 M Street NE Widening (E Main St to 4th St NE) (TIP# R-7) ....................................................... 66 49th St NE (Auburn Way N to D St NE) (TIP# R-8) ...................................................................... 67 46th Pl S Improvements (TIP# R-9) ................................................................................................ 68 High Friction Surface Treatment (TIP# R-10) ................................................................................ 69 124th Ave SE Widening (SE 312th St to SE 318th St) (TIP# R-11) .......................................... 70 2022 Neighborhood Traffic Calming Program Focus Area (TIP# R-12) ................................... 71 Regional Growth Center Access Improvements (TIP# R-16) ..................................................... 72 E Valley Highway Widening (TIP# R-26) ........................................................................................ 73 Garden Avenue Realignment (TIP# R-27) ..................................................................................... 74 Preliminary Engineering and Miscellaneous Projects ............................................................... 76 S 277th St Monitoring (TIP# S-2) .................................................................................................... 76 Project Summary Sheet .………………………………… ….…………………….…Appendix A TIP Project Map …………………………………………… ….…………………….…Appendix B Page 181 of 282 City of Auburn Transportation Improvement Program vi Page 182 of 282 City of Auburn Transportation Improvement Program Executive Summary and Introduction 1 EXECUTIVE SUMMARY The Transportation Improvement Program (TIP) is a 6-year plan for transportation improvements that support the City of Auburns current and future growth. The TIP along with the Comprehensive Transportation Plan (CTP) serve as source documents for the City of Auburn Capital Facilities Plan which is a Comprehensive Plan element required by Washington’s Growth Management Act. The program may be revised at any time by a majority of the City Council after a public hearing. INTRODUCTION Purpose The TIP sets priorities for the allocation of secured and unsecured funding and is a prerequisite of most grant programs. Staff also uses the TIP to coordinate future transportation projects with needed utility improvements. The projects and programs identified in the TIP that increase the capacity of the transportation system to address growth and development provide the basis for the City’s transportation impact fee program. Statutory Requirements Six Year Transportation Improvement Program - RCW 35.77.010 requires that each city prepare and adopt a comprehensive transportation improvement program for the ensuing six calendar years consistent with its CTP. This six-year TIP shall be filed with the Secretary of the Washington State Department of Transportation (WSDOT) each year within 30 days of adoption. Projects of Regional Significance - RCW 35.77.010 also requires each city to specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program for that region. The 2023-2028 TIP includes two projects of regional significance: TIP Project Number Project Title TIP# R-6 AWS Widening (Hemlock to Poplar) TIP# R-7 M St NE Widening (E Main St to 4th St NE) TIP# R-26 E Valley Highway Widening Page 183 of 282 City of Auburn Transportation Improvement Program Executive Summary and Introduction 2 Methodology Transportation needs are identified by examining the latest information concerning level of service, safety and crash history, growth trends, traffic studies and the City’s adopted CTP. The likelihood of receiving federal or state grants for various improvements, community interests and values are also considered. All of these factors yield a prioritized list of transportation improvements. Projects are grouped into the following categories based on the type of improvement: · Intersection, Signal & Intelligent Transportation System Projects; · Non-Motorized & Transit Projects; · Preservation Projects; · Roadway Improvement Projects; and · Preliminary Engineering & Miscellaneous Projects. Each project is identified as a Capacity or Non-capacity improvement and those that are located on a defined Arterial LOS Corridor (per Table 2-2 of the City’s CTP) are identified accordingly. Capacity projects from the 6-year plan are incorporated into the CTP as Group A projects. Longer term capacity projects are listed in the CTP as Group B Projects. The TIP is proposed to be financially constrained for the entire six years covered by the TIP. An interactive map of the projects included in the TIP is available on the City’s website: https://auburn.maps.arcgis.com/apps/dashboards/40906bb2a1b1497da2898174f79323bb Page 184 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 3 Projects & Financing Plan Summary TIP#Intersection, Signal and ITS Projects 2023 2024 2025 2026 2027 2028 Total I-1 Auburn Way N/1st Street NE Signal Replacement Capital Costs 50,000 - - - - - 50,000 Funding Sources: Unrestricted Street Revenue 25,000 - - - - - 25,000 Arterial Preservation Fund (105) 25,000 - - - - - 25,000 I-2 Annual Traffic Signal Improvements Capital Costs 180,000 185,000 190,000 195,000 200,000 205,000 1,155,000 Funding Sources:. . . . . . Cap. Imp. Fund Balance - - - - - - - Unsecured Grants - - - - - - - REET 2 180,000 185,000 190,000 195,000 200,000 205,000 1,155,000 I-3 ITS Dynamic Message Signs Capital Costs - - - 35,000 225,000 - 260,000 Funding Sources: Unrestricted Street Revenue - - - 35,000 225,000 - 260,000 Unsecured Grants - - - - - - - Traffic Impact Fees - - - - - - - I-4 Street Lighting Improvement Program Capital Costs 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Funding Sources: Cap. Imp. Fund Balance - - - - - - - Unsecured Grants - - - - - - - REET 2 50,000 50,000 50,000 50,000 50,000 50,000 300,000 I-5 Harvey Road/8th Street NE Intersection Improvements Capital Costs 82,794 82,382 81,990 81,589 81,187 80,785 490,727 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - - - - - - Traffic Impact Fees 82,794 82,382 81,990 81,589 81,187 80,785 490,727 I-6 Lea Hill Road/112th Avenue SE Roundabout Capital Costs - - - - 350,000 420,000 770,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - - - - - - Traffic Impact Fees - - - - 350,000 420,000 770,000 I-7 Auburn Avenue/E Main Street Signal Replacement Capital Costs - - - 200,000 900,000 - 1,100,000 Funding Sources: Unrestricted Street Revenue - - - 100,000 450,000 - 550,000 Unsecured Grants - - - - - - - REET 2 - - - 100,000 450,000 - 550,000 I-8 R Street SE/29th Street SE Intersection Improvements Capital Costs 250,000 4,000,000 - - - - 4,250,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Arterial Preservation Fund (105) - 375,000 - - - - 375,000 Unsecured Grants - - - - - - - Traffic Impact Fees 250,000 3,500,000 - - - - 3,750,000 Other (Icon) - 125,000 - - - - 125,000 I-9 Lea Hill ITS Expansion Capital Costs - 100,000 500,000 - - - 600,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - - - - - - Traffic Impact Fees - 50,000 250,000 - - - 300,000 REET 2 - 50,000 250,000 - - - 300,000 Page 185 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 4 TIP#Intersection, Signal and ITS Projects 2023 2024 2025 2026 2027 2028 Total I-10 R Street SE/21st Street SE Roundabout Capital Costs 185,000 115,000 1,367,451 - - - 1,667,451 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - 1,167,451 - - - 1,167,451 Traffic Impact Fees 185,000 115,000 200,000 - - - 500,000 I-11 Auburn Way S/6th Street SE Intersection Improvements Capital Costs 414,000 21,000 1,569,000 - - - 2,004,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - 1,357,000 - - - 1,357,000 Traffic Impact Fees 414,000 21,000 212,000 - - - 647,000 I-12 Lea Hill Road/104th Avenue SE Roundabout Capital Costs - - 560,000 2,515,000 - - 3,075,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - 476,000 2,138,000 - - 2,614,000 Traffic Impact Fees - - 84,000 377,000 - - 461,000 I-13 SE 304th Street/132nd Avenue SE Roundabout Capital Costs 250,000 50,000 1,200,000 - - - 1,500,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - - - - - - Traffic Impact Fees 250,000 50,000 1,200,000 - - - 1,500,000 I-14 Downtown Decorative LED Conversion Capital Costs 7,000 - - - - - 7,000 Funding Sources: REET 2 7,000 - - - - - 7,000 I-15 10th Street NW/A Street NW Intersection Improvements Capital Costs 1,015,000 - - - - - 1,015,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - - - - - - Traffic Impact Fees 1,015,000 - - - - - 1,015,000 I-16 15th Street NW/SR 167 NB Ramps Capital Costs - - - 75,000 1,525,000 - 1,600,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants - - - - - - - Traffic Impact Fees - - - - - - - Other (Developer)- - - 75,000 1,525,000 - 1,600,000 I-17 Neighborhood Streetlighting Program Capital Costs 400,000 - - - - - 400,000 Funding Sources: ARPA 400,000 - - - - - 400,000 Subtotal, Intersection, Signal and ITS Projects: Capital Costs 2,883,794 4,603,382 5,518,441 3,151,589 3,331,187 755,785 20,244,178 Funding Sources: Unrestricted Street Revenue 25,000 - - 135,000 675,000 - 835,000 Arterial Preservation Fund (105) 25,000 375,000 - - - - 400,000 Unsecured Grants - - 3,000,451 2,138,000 - - 5,138,451 Traffic Impact Fees 2,196,794 3,818,382 2,027,990 558,589 881,187 500,785 9,983,727 REET 2 237,000 285,000 490,000 245,000 250,000 255,000 1,762,000 Other (Icon) - 125,000 - - - - 125,000 Other (Developer) - - - 75,000 1,525,000 - 1,600,000 ARPA 400,000 - - - - - 400,000 Total Funding 2,883,794 4,603,382 5,518,441 3,151,589 3,331,187 755,785 20,244,178 Page 186 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 5 TIP:Non-Motorized and Transit Projects 2023 2024 2025 2026 2027 2028 Total N-1 Non-Motorized Safety Program Capital Costs 150,000 150,000 150,000 150,000 150,000 150,000 900,000 Funding Sources: Unrestricted Street Revenue 150,000 150,000 150,000 150,000 150,000 150,000 900,000 N-2 Sidewalk Repair and Accessibility Program Capital Costs 1,007,000 50,000 255,000 260,000 265,000 270,000 2,107,000 Funding Sources: ARPA 800,000 - - - - - 800,000 REET 2 107,000 - 205,000 210,000 215,000 220,000 957,000 Other (Fees) 100,000 50,000 50,000 50,000 50,000 50,000 350,000 N-3 10th Street NE Non-Motorized Improvements Capital Costs 187,000 5,000 1,359,000 - - - 1,551,000 Funding Sources: Unrestricted Street Revenue 134,000 5,000 132,000 - - - 271,000 Unsecured Grants - - 839,000 - - - 839,000 Arterial Preservation Fund (105) 53,000 - 388,000 - - - 441,000 N-4 Transit Partnership Routes Capital Costs 190,000 195,000 200,000 205,000 210,000 215,000 1,215,000 Funding Sources: Unrestricted Street Revenue 190,000 195,000 200,000 205,000 210,000 215,000 1,215,000 N-5 Regional Growth Center Pedestrian Improvements Capital Costs - - 100,000 525,000 - - 625,000 Funding Sources: Unrestricted Street Revenue - - 20,000 105,000 - - 125,000 Unsecured Grants - - 80,000 420,000 - - 500,000 N-6 Auburn Station Access Improvements Capital Costs 125,000 - - - - - 125,000 Funding Sources: Other (King County Metro) 125,000 - - - - - 125,000 N-7 Auburn Way S (SR 164) - Southside Sidewalk Improvements Capital Costs 750,000 - - - - - 750,000 Funding Sources: Secured Grants 615,000 - - - - - 615,000 REET 2 60,000 - - - - - 60,000 Other (MIT) 75,000 - - - - - 75,000 N-8 Evergreen Heights Elementary Sidewalks Capital Costs 71,500 1,050,500 - - - - 1,122,000 Funding Sources: Unrestricted Street Revenue 15,000 210,500 - - - - 225,500 Unsecured Grants 56,500 840,000 - - - - 896,500 REET 2 - - - - - - - N-9 Riverwalk Drive SE Non-Motorized Improvements Capital Costs 1,303,646 - - - - - 1,303,646 Funding Sources: Unrestricted Street Revenue 166,146 - - - - - 166,146 Secured Grants 455,000 - - - - - 455,000 Arterial Preservation Fund (105) 350,000 - - - - - 350,000 Other (MIT) 332,500 - - - - - 332,500 N-10 2023 City Safety Pedestrian Crossing Enhancements Capital Costs 80,000 560,000 - - - - 640,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants 72,000 560,000 - - - - 632,000 REET 2 8,000 - - - - - 8,000 N-11 Lea Hill Safe Routes to Schools Capital Costs 85,000 1,043,000 - - - - 1,128,000 Funding Sources: Unsecured Grants 70,000 843,000 - - - - 913,000 REET 2 15,000 200,000 - - - - 215,000 N-12 37th Street SE Safe Routes to Schools Capital Costs 86,500 448,500 - - - - 535,000 Funding Sources: Unrestricted Street Revenue - - - - - - - Unsecured Grants 86,500 448,500 - - - - 535,000 Page 187 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 6 TIP:Non-Motorized and Transit Projects 2023 2024 2025 2026 2027 2028 Total N-13 2022 Arterial Pedestrian and Bicycle Safety Project Capital Costs 10,000 - - - - - 10,000 Funding Sources: Unrestricted Street Revenue 10,000 - - - - - 10,000 Other (WTSC Grant) - - - - - - - N-14 2022 Sidewalk and ADA Improvement Project Capital Costs 10,000 - - - - - 10,000 Funding Sources: REET 2 10,000 - - - - - 10,000 CDBG Grant - - - - - - - Subtotal, Non-Motorized & Transit Projects: Capital Costs 4,055,646 3,502,000 2,064,000 1,140,000 625,000 635,000 12,021,646 Funding Sources Unrestricted Street Revenue 665,146 560,500 502,000 460,000 360,000 365,000 2,912,646 Secured Grants 1,070,000 - - - - - 1,070,000 Unsecured Grants 285,000 2,691,500 919,000 420,000 - - 4,315,500 Arterial Preservation Fund (105) 403,000 - 388,000 - - - 791,000 ARPA 800,000 - - - - - 800,000 REET 2 200,000 200,000 205,000 210,000 215,000 220,000 1,250,000 Other (Fees) 100,000 50,000 50,000 50,000 50,000 50,000 350,000 Other (MIT) 407,500 - - - - 407,500 Other (King County Metro) 125,000 - - - - 125,000 Total Funding 4,055,646 3,502,000 2,064,000 1,140,000 625,000 635,000 12,021,646 TIP#Preservation Projects 2023 2024 2025 2026 2027 2028 Total P-1 Arterial Street Preservation Program Capital Costs 250,000 1,465,644 2,674,000 3,120,000 4,900,000 4,850,000 17,259,644 Funding Sources: Arterial Preservation Fund (105) - - - - - - - TBD Revenues 250,000 1,465,644 2,674,000 3,120,000 4,000,000 3,950,000 15,459,644 Other (TBD) - - - - 900,000 900,000 1,800,000 P-2 Local Street Preservation Program Capital Costs 450,000 1,600,000 1,950,000 1,950,000 1,950,000 1,950,000 9,850,000 Funding Sources: Local Street Pres. Fund (103) 300,000 1,450,000 1,800,000 1,800,000 1,800,000 1,800,000 8,950,000 Utilities Transfer to 103 Fund 150,000 150,000 150,000 150,000 150,000 150,000 900,000 REET 2 - - - - - - - Other - - - - - - - P-3 2nd Street SE Preservation Capital Costs 10,000 - - - - - 10,000 Funding Sources: Arterial Preservation Fund (105) 10,000 - - - - - 10,000 Secured Grants - - - - - - - P-4 Bridge Deck Preservation Program Capital Costs 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Funding Sources: Arterial Preservation Fund (105) 100,000 100,000 100,000 100,000 - - 400,000 TBD Revenues - - - - 100,000 100,000 200,000 P-5 Bridge Structure Preservation Program Capital Costs - 50,000 - 50,000 - 50,000 150,000 Funding Sources: Arterial Preservation Fund (105) - 50,000 - 50,000 - - 100,000 TBD Revenues - - - - - 50,000 50,000 P-6 Lake Tapps Pkwy/Sumner-Tapps Hwy E Preservation Capital Costs 150,000 1,284,356 - - - - 1,434,356 Funding Sources: Arterial Preservation Fund (105) 150,000 534,356 - - - - 684,356 Secured Grants - 750,000 - - - - 750,000 P-7 C Street SW Preservation (GSA Signal to Ellingson Road SE) Capital Costs - 198,000 28,000 1,730,000 - - 1,956,000 Funding Sources: Arterial Preservation Fund (105) - 198,000 - - - - 198,000 Unsecured Grants - - - 865,000 - - 865,000 TBD Revenues - - 28,000 865,000 - - 893,000 Page 188 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 7 TIP#Preservation Projects 2023 2024 2025 2026 2027 2028 Total P-8 D Street SE and 23rd Street SE Storm Improvements Capital Costs 85,000 350,000 - - - - 435,000 Funding Sources: Local Street Pres. Fund (103) - 350,000 - - - - 350,000 Other (ARPA)85,000 - - - - - 85,000 P-10 A St SE Preservation (37th St SE to Lakeland Hills Way) Capital Costs 197,000 27,000 1,810,000 - - - 2,034,000 Funding Sources: Arterial Preservation Fund (105) 183,000 27,000 - - - - 210,000 Unsecured Grants - - 905,000 - - - 905,000 Other (City of Pacific) 14,000 - 51,000 - - - 65,000 TBD Revenues - - 854,000 - - - 854,000 P-11 C Street SW Preservation (W Main St to GSA Signal) Capital Costs 2,236,544 - - - - - 2,236,544 Funding Sources: Arterial Preservation Fund (105) 68,272 - - - - - 68,272 Secured Grants 1,118,272 - - - - - 1,118,272 TBD Revenues 1,050,000 - - - - - 1,050,000 P-14 4th Street SE Preservation (Auburn Way S to L Street SE) Capital Costs 50,000 - - - - - 50,000 Funding Sources: Arterial Preservation Fund (105) 50,000 - - - - - 50,000 Secured Grants - - - - - - - P-15 2023 Arterial Preservation Project Capital Costs 378,456 - - - - - 378,456 Funding Sources: Arterial Preservation Fund (105) - - - - - - - TBD Revenues 378,456 - - - - - 378,456 Grants - - - - - - - P-16 2023 Local Street Preservation Project Capital Costs 1,500,000 - - - - - 1,500,000 Funding Sources:- Local Street Pres. Fund (103) 1,500,000 - - - - - 1,500,000 Subtotal, Non-Motorized & Transit Projects: Capital Costs 5,407,000 5,075,000 6,562,000 6,950,000 6,950,000 6,950,000 37,894,000 Funding Sources Local Street Pres. Fund (103) 1,800,000 1,800,000 1,800,000 1,800,000 1,800,000 1,800,000 10,800,000 Arterial Preservation Fund (105) 561,272 909,356 100,000 150,000 - - 1,720,628 TBD Revenues 1,678,456 1,465,644 3,556,000 3,985,000 5,000,000 5,000,000 20,685,100 Secured Grants 1,118,272 750,000 - - - - 1,868,272 Unsecured Grants - - 905,000 865,000 - - 1,770,000 Utilities Transfer to 103 Fund 150,000 150,000 150,000 150,000 150,000 150,000 900,000 Other (City of Pacific) 14,000 - 51,000 - - - 65,000 ARPA 85,000 - - - - - 85,000 Total Funding 5,407,000 5,075,000 6,562,000 6,950,000 6,950,000 6,950,000 37,894,000 Page 189 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 8 TIP#Roadway Projects 2023 2024 2025 2026 2027 2028 Total R-1 Neighborhood Traffic Calming Program Capital Costs 250,000 250,000 250,000 250,000 250,000 250,000 1,500,000 Funding Sources: Cap. Imp. Fund Balance - - - - - - - REET 2 50,000 50,000 250,000 250,000 250,000 250,000 1,100,000 Other (ARPA) 200,000 200,000 - - - - 400,000 R-2 Stewart Road - City of Sumner (Lake Tapps Parkway Corridor) Capital Costs - 150,000 - - - - 150,000 Funding Sources: Traffic Mitigation Fees - 150,000 - - - - 150,000 R-3 M Street Underpass (3rd St SE to 8th St SE) Capital Costs 122,550 122,258 121,965 121,673 121,380 121,088 730,914 Funding Sources: Traffic Impact Fees 122,550 122,258 121,965 121,673 121,380 121,088 730,914 R-4 A Street Loop Capital Costs 1,532,000 - - - - - 1,532,000 Funding Sources: Secured Grants 1,125,000 - - - - - 1,125,000 Traffic Impact Fees 67,000 - - - - - 67,000 Other (Sound Transit) 340,000 - - - - - 340,000 R-5 A Street NW, Phase 2 (W Main St to 3rd St NW) Capital Costs - 350,000 2,650,000 - - - 3,000,000 Funding Sources: Unsecured Grants - 200,000 1,325,000 - - - 1,525,000 Traffic Impact Fees - 150,000 - - - - 150,000 Other (Developer) - - 1,325,000 - - - 1,325,000 R-6 Auburn Way S Widening (Hemlock St SE to Poplar St SE) Capital Costs 400,000 4,000,000 3,000,000 - - - 7,400,000 Funding Sources: Unrestricted Street Revenue - 200,000 - - - - 200,000 Secured Grants - 2,061,847 1,546,385 - - - 3,608,232 Traffic Impact Fees 400,000 1,738,153 1,453,615 - - - 3,591,768 R-7 M Street NE Widening (E Main St to 4th St NE) Capital Costs 250,000 2,900,000 - - - - 3,150,000 Funding Sources: Unrestricted Street Revenue 175,000 500,000 - - - - 675,000 Arterial Preservation Fund (105) - 1,500,000 - - - - 1,500,000 REET 2 - 400,000 - - - - 400,000 Traffic Impact Fees 75,000 500,000 - - - - 575,000 R-8 49th Street NE (Auburn Way N to I St NE) Capital Costs 74,000 892,000 - - - - 966,000 Funding Sources: Unrestricted Street Revenue 74,000 892,000 - - - - 966,000 R-9 46th Place S Improvements Capital Costs - - 250,000 250,000 750,000 - 1,250,000 Funding Sources: Traffic Impact Fees - - 250,000 250,000 750,000 - 1,250,000 Page 190 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 9 TIP#Roadway Projects 2023 2024 2025 2026 2027 2028 Total R-10 High Friction Surface Treatment Capital Costs 10,000 - - - - - 10,000 Funding Sources: Unrestricted Street Revenue 10,000 - - - - - 10,000 Secured Grants - - - - - - - R-11 124th Avenue SE Widening (SE 312th St to SE 318th St) Capital Costs - - - 400,000 1,100,000 2,500,000 4,000,000 Funding Sources: Traffic Impact Fees - - - 400,000 1,100,000 2,500,000 4,000,000 R-12 2022 Neighborhood Traffic Calming Program Focus Area Capital Costs 200,000 - - - - - 200,000 Funding Sources: REET 2 - - - - - - - Other (ARPA) 200,000 - - - - - 200,000 R-16 Regional Growth Center Access Improvements Capital Costs 2,685,000 - - - - - 2,685,000 Funding Sources: Secured Grants 1,300,000 - - - - - 1,300,000 Traffic Impact Fees 1,385,000 - - - - - 1,385,000 R-26 E Valley Highway Widening Capital Costs - - 1,400,000 500,000 7,400,000 - 9,300,000 Funding Sources: Unsecured Grants - - 1,050,000 - 4,500,000 - 5,550,000 Traffic Impact Fees - - 350,000 500,000 2,900,000 - 3,750,000 R-27 Garden Avenue Realignment Capital Costs 704,348 - - - - - 704,348 Funding Sources: Traffic Impact Fees 704,348 - - - - - 704,348 TIP#Roadway Projects 2023 2024 2025 2026 2027 2028 Total Subtotal, Roadway Projects: Capital Costs 6,227,898 8,664,258 7,671,965 1,521,673 9,621,380 2,871,088 36,578,262 Funding Sources Unrestricted Street Revenue 259,000 1,592,000 - - - - 1,851,000 Arterial Preservation Fund (105) - 1,500,000 - - - - 1,500,000 Secured Grants 2,425,000 2,061,847 1,546,385 - - - 6,033,232 Unsecured Grants - 200,000 2,375,000 - 4,500,000 - 7,075,000 Traffic Impact Fees 2,753,898 2,510,411 2,175,580 1,271,673 4,871,380 2,621,088 16,204,030 Traffic Mitigation Fees - 150,000 - - - - 150,000 REET 2 50,000 450,000 250,000 250,000 250,000 250,000 1,500,000 Other (Developer) - - 1,325,000 - - - 1,325,000 ARPA 400,000 200,000 - - - - 600,000 Other (Sound Transit) 340,000 - - - - - 340,000 Total Funding 6,227,898 8,664,258 7,671,965 1,521,673 9,621,380 2,871,088 36,578,262 Page 191 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 10 TIP#Pre. Eng. and Misc. Projects 2023 2024 2025 2026 2027 2028 Total S-2 S 277th St Corridor Capacity and Non-Motorized Trail Improvements - Env. Monitoring Capital Costs 148,000 75,000 20,000 20,000 20,000 20,000 303,000 Funding Sources: Traffic Impact Fees 75,000 75,000 20,000 20,000 20,000 20,000 230,000 Wetland Mitigation Fee (124) 73,000 - - - - - 73,000 Subtotal, Pre. Eng. and Misc. Projects: Capital Costs 148,000 75,000 20,000 20,000 20,000 20,000 303,000 Funding Sources Traffic Impact Fees 75,000 75,000 20,000 20,000 20,000 20,000 230,000 Wetland Mitigation Fee (124) 73,000 - - - - - 73,000 Total Funding 148,000 75,000 20,000 20,000 20,000 20,000 303,000 PROJECT FINANCING SUMMARY:2023 2024 2025 2026 2027 2028 Total CAPITAL COSTS Int., Signal and ITS Projects 2,883,794 4,603,382 5,518,441 3,151,589 3,331,187 755,785 20,244,178 Non-Motorized Projects 4,055,646 3,502,000 2,064,000 1,140,000 625,000 635,000 12,021,646 Preservation Projects 5,407,000 5,075,000 6,562,000 6,950,000 6,950,000 6,950,000 37,894,000 Roadway Projects 6,227,898 8,664,258 7,671,965 1,521,673 9,621,380 2,871,088 36,578,262 Prel. Eng. and Misc. Projects 148,000 75,000 20,000 20,000 20,000 20,000 303,000 Total Costs 18,722,338 21,919,640 21,836,406 12,783,262 20,547,567 11,231,873 107,041,086 FUNDING SOURCES: Unrestricted Street Revenue 949,146 2,152,500 502,000 595,000 1,035,000 365,000 5,598,646 Secured Grants 4,613,272 2,811,847 1,546,385 - - - 8,971,504 Unsecured Grants 285,000 2,891,500 7,199,451 3,423,000 4,500,000 - 18,298,951 Traffic Impact Fees 5,025,692 6,403,793 4,223,570 1,850,262 5,772,567 3,141,873 26,417,757 Traffic Mitigation Fees - 150,000 - - - - 150,000 Local Street Pres. Fund (103) 1,800,000 1,800,000 1,800,000 1,800,000 1,800,000 1,800,000 10,800,000 Utilities Transfer to 103 Fund 150,000 150,000 150,000 150,000 150,000 150,000 900,000 Arterial Preservation Fund (105) 989,272 2,784,356 488,000 150,000 - - 4,411,628 TBD Revenues 1,678,456 1,465,644 3,556,000 3,985,000 5,000,000 5,000,000 20,685,100 REET 2 487,000 935,000 945,000 705,000 715,000 725,000 4,512,000 Wetland Mitigation Fee (124) 73,000 - - - - - 73,000 Other (Fees) 100,000 50,000 50,000 50,000 50,000 50,000 350,000 Other (King County Metro) 125,000 - - - - - 125,000 Other (Developer) - - 1,325,000 75,000 1,525,000 - 2,925,000 Other (MIT) 407,500 - - - - - 407,500 Other (Icon) - 125,000 - - - - 125,000 ARPA 1,685,000 200,000 - - - - 1,885,000 Other (City of Pacific) 14,000 - 51,000 - - - 65,000 Other (Sound Transit) 340,000 - - - - - 340,000 Total Funding 18,722,338 21,919,640 21,836,406 12,783,262 20,547,567 11,231,873 107,041,086 Page 192 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 11 Financial Constraint and Fund Balance Summary 2023 2024 2025 2026 2027 2028 Unrestricted Street Revenue 102 Beginning Fund Balance 2,710,488 2,361,342 813,842 916,842 931,842 506,842 Forecast Annual Revenue 600,000 605,000 605,000 610,000 610,000 615,000 Annual Grant Revenue 3,780,000 4,953,347 7,840,836 2,558,000 4,500,000 - Project Expenses 4,729,146 7,105,847 8,342,836 3,153,000 5,535,000 365,000 End of Year Fund Balance 2,361,342 813,842 916,842 931,842 506,842 756,842 Traffic Impact Fees Beginning Fund Balance 9,635,574 7,052,882 3,263,089 1,836,519 2,979,257 408,690 Forecast Annual Revenue 2,443,000 2,614,000 2,797,000 2,993,000 3,202,000 3,427,000 Project Expenses 5,025,692 6,403,793 4,223,570 1,850,262 5,772,567 3,141,873 End of Year Fund Balance 7,052,882 3,263,089 1,836,519 2,979,257 408,690 693,817 Traffic Mitigation Fees Beginning Fund Balance 137,941 206,275 89,929 476,329 476,329 476,329 Forecast Annual Revenue 68,334 33,654 386,400 - - - Project Expenses - 150,000 - - - - End of Year Fund Balance 206,275 89,929 476,329 476,329 476,329 476,329 Local Street Preservation Fund 103 Beginning Fund Balance 2,017,689 1,717,689 1,767,689 1,817,689 1,867,689 1,917,689 Forecast Annual Revenue 1,650,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 Project Expenses 1,950,000 1,950,000 1,950,000 1,950,000 1,950,000 1,950,000 End of Year Fund Balance 1,717,689 1,767,689 1,817,689 1,867,689 1,917,689 1,967,689 Arterial Preservation Fund 105 Beginning Fund Balance 1,477,702 1,509,974 459,974 515,974 480,974 480,974 Forecast Annual Revenue 2,700,000 3,200,000 4,100,000 4,100,000 5,000,000 5,000,000 Annual Grant Revenue 1,118,272 750,000 905,000 865,000 - - Project Expenses 3,786,000 5,000,000 4,949,000 5,000,000 5,000,000 5,000,000 End of Year Fund Balance 1,509,974 459,974 515,974 480,974 480,974 480,974 Page 193 of 282 City of Auburn Transportation Improvement Program Projects and Financing Plan Summary 12 Page 194 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 13 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Auburn Way N/1st Street NE Signal ReplacementSTIP# AUB-N/AProject No:CP1927Project Type:Non-CapacityProject Manager:Matt LarsonActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue491,377 654,781 25,000 - - - - - - 1,171,158 Arterial Preservation Fund (105)24,980 225,020 25,000 - - - - - - 275,000 Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - REET 2- - - - - - - - - - Total Funding Sources:516,357 879,801 50,000 - - - - - - 1,446,158 Capital Expenditures:Design164,256 - - - - - - - - 164,256 Right of Way- - - - - - - - - - Construction352,101 879,801 50,000 - - - - - - 1,281,902 Total Expenditures:516,357 879,801 50,000 - - - - - - 1,446,158 TIP# I-1Description:The project will replace the existing traffic signal at the Auburn Way N/1st Street NE signal. The signal was constructed in 1968 and is approaching the end of its service life. The project scope also includes the construction of ADA improvements, curb-bulbs, and storm improvements.Progress Summary:Construction is currently underway and is anticipated to be completed during Summer 2022.Future Impact on Operating Budget:Replacing the traffic signal will reduce on-going maintenance costs to replace parts and equipment that have reached the end of their service life.BudgetForecast Project Cost Page 195 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 14 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Annual Traffic Signal ImprovementsSTIP# AUB-N/AProject No:VariesCFPProject Type:Non-Capacity (Annual)Project Manager:Scott NutterActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostCap. Imp. Fund Balance- - - - - - - - - - Unsecured Grant- - - - - - - - - - REET 2- 100,000 180,000 185,000 190,000 195,000 200,000 205,000 - 1,255,000 Other- - - - - - - - - - Total Funding Sources:- 100,000 180,000 185,000 190,000 195,000 200,000 205,000 - 1,255,000 Capital Expenditures:Design- - - - - - - - - - Right of Way- - - - - - - - - - Construction- 100,000 180,000 185,000 190,000 195,000 200,000 205,000 - 1,255,000 Total Expenditures:- 100,000 180,000 185,000 190,000 195,000 200,000 205,000 - 1,255,000 TIP# I-2Description:The program will replace end of life traffic signal and Intelligent Transportation System (ITS) equipment including cabinets, video detection cameras, field network devices, traffic cameras, battery backup components, and other related equipment. The program also includes minor safety improvements, operations improvements, and accessible pedestrian signal Improvements based on the requirements of the Americans with Disabilities Act (ADA). Progress Summary:Program continues to complete various intersection improvements.Future Impact on Operating Budget:This project will have a positive impact on the operating budget for street maintenance, reducing maintenance costs.BudgetForecast Project Cost Page 196 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 15 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: ITS Dynamic Message SignsSTIP# AUB-N/AProject No:VariesCFPProject Type:Non-Capacity (ITS)Project Manager:Scott NutterActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue686,521 - - - - 35,000 225,000 - - 946,521 Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - REET 297,500 - - - - - - - - 97,500 Other- - - - - - - - - - Total Funding Sources:784,021 - - - - 35,000 225,000 - - 1,044,021 Capital Expenditures:Design32,500 - - - - 35,000 - - - 67,500 Right of Way- - - - - - - - - - Construction751,521 - - - - - 225,000 - - 976,521 Total Expenditures:784,021 - - - - 35,000 225,000 - - 1,044,021 TIP# I-3BudgetForecast Project CostFuture Impact on Operating Budget:The annual maintenance and operational costs for this project is estimated to be $750 per sign. Description:The program constructs Dynamic Message Signs at various locations throughout the City. Dynamic message signs are an important tool for communicating with roadway users in real time. Priority locations for sign placement are based on the Comprehensive Transportation Plan and include S. 277th, Auburn Way N, Auburn Way S, W Valley Highway, E Valley Highway, Lake Tapps Parkway, 15th St NW, and Lea Hill Rd.Progress Summary:Signs have been installed on Auburn Way S, S 277th Street, Lake Tapps Parkway and 15th Street NW. Page 197 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 16 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Street Lighting Improvement ProgramSTIP# AUB-N/AProject No:VariesCFPProject Type:Non-Capacity (Annual)Project Manager:Scott NutterActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostCap. Imp. Fund Balance- - - - - - - - - - Unsecured Grant- - - - - - - - - - REET 2- 50,000 50,000 50,000 50,000 50,000 50,000 50,000 - 350,000 Other- - - - - - - - - - Total Funding Sources:- 50,000 50,000 50,000 50,000 50,000 50,000 50,000 - 350,000 Capital Expenditures:Design- - - - - - - - - - Right of Way- - - - - - - - - - Construction- 50,000 50,000 50,000 50,000 50,000 50,000 50,000 - 350,000 Total Expenditures:- 50,000 50,000 50,000 50,000 50,000 50,000 50,000 - 350,000 TIP# I-4Description:This program funds street lighting projects throughout the City.Progress Summary: Future Impact on Operating Budget:New street lights installed with this program will increase the City's street light power costs but this increase will be offset by decreased power costs as existing standard street lights are converted to LED.BudgetForecast Project Cost Page 198 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 17 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Harvey Rd NE/8th St NE Intersection ImprovementsSTIP# AUB-N/AProject No:CP0611CFPProject Type:CapacityProject Manager:N/ALOS Corridor ID# 5,19Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees (Debt Service)1,028,776 83,196 82,794 82,382 81,990 81,589 81,187 80,785 - 1,602,699 Traffic Impact Fees204,500 - - - - - - - - 204,500 PWTF 1,527,300 - - - - - - - - 1,527,300 Total Funding Sources:2,760,576 83,196 82,794 82,382 81,990 81,589 81,187 80,785 - 1,807,199 Capital Expenditures:Design327,500 - - - - - - - - 327,500 Right of Way200,400 - - - - - - - - 200,400 Construction1,203,900 - - - - - - 1,203,900 Long Term Debt: PWTF 1,028,776 83,196 82,794 82,382 81,990 81,589 81,187 80,785 - 1,602,699 Total Expenditures:2,760,576 83,196 82,794 82,382 81,990 81,589 81,187 80,785 - 1,807,199 TIP# I-5BudgetForecast Project CostFuture Impact on Operating Budget:N/ADescription:The project constructed one eastbound through/right turn-lane on 8th St NE to the west of Harvey Rd and modified traffic signals and traffic channelization to accommodate the new lane. The additional lane reduced traffic delays and queuing at the intersection of Harvey Rd and 8th St NE in all directions. This project also reconstructed M St NE from 4th St NE to 8th St NE, a segment of roadway approximately 0.3 miles long with a four-lane cross-section. The reconstruction addressed the existing poor pavement condition and completed sidewalk gaps. Progress Summary:Project was completed in 2010. Ongoing budget is for Public Works Trust Fund Loan debt payments through 2028. Page 199 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 18 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Lea Hill Road/112th Avenue SE RoundaboutSTIP# AUB-N/AProject No:TBDCFPProject Type:Safety, CapacityProject Manager:TBDLOS Corridor ID# 19Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - 2,700,000 2,700,000 Traffic Impact Fees- - - - - - 350,000 420,000 1,700,000 2,470,000 Other- - - - - - - - - - Total Funding Sources:- - - - - - 350,000 420,000 4,400,000 5,170,000 Capital Expenditures:Pre-Design- - - - - - - - - - Design- - - - - 350,000 - - 350,000 Right of Way- - - - - - - 420,000 - 420,000 Construction- - - - - - - - 4,400,000 4,400,000 Total Expenditures:- - - - - - 350,000 420,000 4,400,000 5,170,000 TIP# I-6Description:The project will construct a single-lane roundabout at the 112th Avenue SE intersection with Lea Hill Road. The intersection is currently stop-controlled on the 112th Avenue SE approach. The project will also implement turn restrictions at the Lea Hill Road intersection with 105th Place SE, and remove the existing span wire traffic signal. The project will also extend bicycle lanes and sidewalks from the new roundabout to the 116th Avenue SE intersection to the east. The project will improve traffic operations, safety and non-motorized access.Progress Summary:The Lea Hill Road Corridor study was completed during 2020. This project is based on the study recommendations.Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.BudgetForecast Project Cost Page 200 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 19 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Auburn Avenue/E Main Street Signal ReplacementSTIP# AUB-N/AProject No:TBDCFPProject Type:Non-CapacityProject Manager:TBDActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - 100,000 450,000 - - 550,000 Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - REET 2- - - - - 100,000 450,000 - - 550,000 Total Funding Sources:- - - - - 200,000 900,000 - - 1,100,000 Capital Expenditures:Design- - - - - 200,000 - - - 200,000 Right of Way- - - - - - - - - - Construction- - - - - - 900,000 - - 900,000 Total Expenditures:- - - - - 200,000 900,000 - - 1,100,000 TIP# I-7Description:This program will replace the existing traffic signal at the Auburn Avenue/E Main Street signal, which was constructed in 1968. The project scope also includes the construction of ADA improvements.Progress Summary:Future Impact on Operating Budget:Replacing the traffic signal will reduce on-going maintenance costs to replace parts and equipment that have reached the end of their service life.BudgetForecast Project Cost Page 201 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 20 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: R Street SE/29th Street SE Intersection ImprovementsSTIP# AUB-N/AProject No:CP2116CFPProject Type:CapacityProject Manager:Matt LarsonLOS Corridor ID# 16, 27Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Arterial Street Fund (105)75,000 25,000 - 375,000 - - - - - 475,000 Unsecured Grant- - - - - - - - - - Traffic Impact Fees750,000 500,000 250,000 3,500,000 - - - - - 5,000,000 Other (Icon)- - - 125,000 - - - - - 125,000 Total Funding Sources:825,000 525,000 250,000 4,000,000 - - - - - 5,600,000 Capital Expenditures:Design825,000 275,000 - - - - - - - 1,100,000 Right of Way- 250,000 250,000 - - - - - - 500,000 Construction- - - 4,000,000 - - - - - 4,000,000 Total Expenditures:825,000 525,000 250,000 4,000,000 - - - - - 5,600,000 TIP# I-8Future Impact on Operating Budget:The additional annual maintenance cost for this project is estimated to be $500. Replacing the traffic signal will reduce on-going maintenance costs to replace parts and equipment that have reached the end of their service life.BudgetForecast Project CostDescription:The project will construct a second southbound through lane between 22nd Street SE and 33rd Street SE and a new signal at the 29th Street SE intersection. The improvements are needed to address the existing LOS deficiency at this intersection during the weekday PM peak hour. The project will also preserve the pavement and rechannelize R Street SE between 33rd Street SE and the White River Bridge.Progress Summary:The R Street Corridor study was completed during 2020. This project is based on the study recommendations. Page 202 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 21 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Lea Hill ITS ExpansionSTIP# AUB-N/AProject No:TBDCFPProject Type:CapacityProject Manager:TBDLOS Corridor ID# 16, 27Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - 50,000 250,000 - - - - 300,000 REET 2- - - 50,000 250,000 - - - - 300,000 Total Funding Sources:- - - 100,000 500,000 - - - - 600,000 Capital Expenditures:Design- - - 100,000 - - - - - 100,000 Right of Way- - - - - - - - - - Construction- - - - 500,000 - - - - 500,000 Total Expenditures:- - - 100,000 500,000 - - - - 600,000 TIP# I-9Description:This project will extend new City of Auburn fiber east along SE 304th St from 124th Ave SE to 132nd Ave SE and connect to the signal with SE 304th St. This will support communication to School zone beacons on both SE 304th St and 132nd Ave SE, one traffic signal, one battery backup, and ITS cameras. Progress Summary: Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $500.BudgetForecast Project Cost Page 203 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 22 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: R Street SE/21st Street SE RoundaboutSTIP# AUB-N/AProject No:TBDCFPProject Type:Capacity, SafetyProject Manager:TBDLOS Corridor ID# 16Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - 1,167,451 - - - - 1,167,451 Traffic Impact Fees- - 185,000 115,000 200,000 - - - - 500,000 Other - - - - - - - - - - Total Funding Sources:- - 185,000 115,000 1,367,451 - - - - 1,667,451 Capital Expenditures:Design- - 185,000 - - - - - - 185,000 Right of Way- - - 115,000 - - - - - 115,000 Construction- - - - 1,367,451 - - - - 1,367,451 Total Expenditures:- - 185,000 115,000 1,367,451 - - - - 1,667,451 TIP# I-10BudgetForecast Project CostFuture Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.Description:The project will construct a single lane roundabout in place of the existing east/west stop-control on 21st Street SE. The project is needed to address an existing LOS deficiency, and will improve safety at the intersection.Progress Summary:This improvement was recommended in the R Street Corridor study which was completed during 2020. City submitted application for WSDOT City Safety Grant in Spring 2022. Page 204 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 23 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Auburn Way S/6th Street SE Intersection ImprovementsSTIP# AUB-N/AProject No:TBDCFPProject Type:Capacity, SafetyProject Manager:TBDLOS Corridor ID# 3Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - 1,357,000 - - - - 1,357,000 Traffic Impact Fees- - 414,000 21,000 212,000 - - - - 647,000 Other- - - - - - - - - - Total Funding Sources:- - 414,000 21,000 1,569,000 - - - - 2,004,000 Capital Expenditures:Design- - 414,000 - - - - - - 414,000 Right of Way- - - 21,000 - - - - - 21,000 Construction- - - - 1,569,000 - - - - 1,569,000 Total Expenditures:- - 414,000 21,000 1,569,000 - - - - 2,004,000 TIP# I-11Description:The project will construct a dedicated southbound right-turn lane on SR 164 (Auburn Way S) at the intersection with 6th Street SE. This will allow the rechannelization of the westbound SR 18 off-ramp to allow dual left-turns and better accommodate the high number of vehicles making the southbound right-turn from SR 164 to 6th Street SE to access the A Street SE corridor. The project will also modify two existing State signals to accommodate the re-channelization and additional lane, revise street lighting and ITS infrastructure as needed, replace the existing sidewalk where SR 164 is being widened, and include additional channelization changes as appropriate. The project will address an existing level of service deficiency at the intersection, reduce queues on the off-ramp, improve access from SR 18 and SR 164 to A Street SE, and improve the efficiency of the SR 18/SR 164 interchange.Progress Summary:City submitted application for Federal grant in Spring 2022 through PSRC King County Countywide program. Future Impact on Operating Budget:This annual maintenance cost for this project is estimated to be $500.BudgetForecast Project Cost Page 205 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 24 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Lea Hill Road/104th Avenue SE RoundaboutSTIP# AUB-N/AProject No:TBDCFPProject Type:Safety, CapacityProject Manager:TBDLOS Corridor ID# 19Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - 476,000 2,138,000 - - - 2,614,000 Traffic Impact Fees- - - - 84,000 377,000 - - - 461,000 Other- - - - - - - - - - Total Funding Sources:- - - - 560,000 2,515,000 - - - 3,075,000 Capital Expenditures:Pre-Design- - - - - - - - - - Design- - - - 560,000 - - - - 560,000 Right of Way- - - - - - - - - - Construction- - - - - 2,515,000 - - - 2,515,000 Total Expenditures:- - - - 560,000 2,515,000 - - - 3,075,000 TIP# I-12Description:The project will construct a roundabout at the Lea Hill Road intersection with 104th Avenue SE. The roundabout will replace the existing span-wire signal. The project is needed to improve traffic operations and safety at the intersection.Progress Summary:The Lea Hill Road Corridor study was completed during 2020. This project is based on the study recommendations. City submitted application for Federal grant in Spring 2022 through PSRC King County Countywide program. Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.BudgetForecast Project Cost Page 206 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 25 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: SE 304th Street/132nd Avenue SE RoundaboutSTIP# AUB-N/AProject No:TBDCFPProject Type:Safety, CapacityProject Manager:TBDLOS Corridor ID# 19Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - 250,000 50,000 1,200,000 - - - - 1,500,000 Other- - - - - - - - - - Total Funding Sources:- - 250,000 50,000 1,200,000 - - - - 1,500,000 Capital Expenditures:Pre-Design- - - - - - - - - - Design- - 250,000 - - - - - - 250,000 Right of Way- - - 50,000 - - - - - 50,000 Construction- - - - 1,200,000 - - - - 1,200,000 Total Expenditures:- - 250,000 50,000 1,200,000 - - - - 1,500,000 TIP# I-13Description:The project will construct a single-lane roundabout at the SE 304th Street intersection with 132nd Avenue SE on Lea Hill. The roundabout will replace the existing stop-control on the SE 304th Street approach. The project is needed to address a level of service deficiency at the intersection.Progress Summary:Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.BudgetForecast Project Cost Page 207 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 26 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Downtown Decorative LED ConversionSTIP# AUB-N/AProject No:TBDCFPProject Type:Safety, Non - CapacityProject Manager:Scott NutterLOS Corridor ID# N/AActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostREET- 165,000 7,000 - - - - - - 172,000 Total Funding Sources:- 165,000 7,000 - - - - - - 172,000 Capital Expenditures:Pre-Design- - - - - - - - - - Design- 5,000 - - - - - - - 5,000 Right of Way- - - - - - - - - - Construction- 160,000 7,000 - - - - - - 167,000 Total Expenditures:- 165,000 7,000 - - - - - - 172,000 TIP# I-14Description:The project will retrofit downtown decortive street and pedestrians lights to new energy efficient LEDs. Some lights can be modified and some will required new LED fixtures. The design phase will determine the which locations and included in this project and the type of upgrade needed at each.Progress Summary:Future Impact on Operating Budget:New LED's can save upto 60% on the power bill relative to the existing lights. In addition, PSE is offering energy efficiency rebates for LED upgrades which may be available to the City.BudgetForecast Project Cost Page 208 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 27 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 10th Street NW/A Street NW Intersection ImprovementsSTIP# AUB-N/AProject No:CP2207CFPProject Type:Capacity, SafetyProject Manager:Jeff BenderLOS Corridor ID# 18Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- 250,000 1,015,000 - - - - - - 1,265,000 Other- - - - - - - - - - Total Funding Sources:- 250,000 1,015,000 - - - - - - 1,265,000 Capital Expenditures:Design- 250,000 - - - - - - - 250,000 Right of Way- - - - - - - - - - Construction- - 1,015,000 - - - - - - 1,015,000 Total Expenditures:- 250,000 1,015,000 - - - - - - 1,265,000 TIP# I-15Description:The project will construct a new traffic signal in place of the existing stop-control on the 10th Street NW approach. The project is needed to address a level of service deficiency at the intersection. The project will also evaluate intersection control, channelization, and pedestrian crossing improvements along 10th Street NW to the east of the intersection.Progress Summary:The design phase of the project started during Spring 2022.Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.BudgetForecast Project CostPage 209 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 28 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 15th Street NW/SR 167 NB RampsSTIP# AUB-N/AProject No:TBDProject Type:CapacityProject Manager:TBDLOS Corridor ID# 9Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - Other (Developer)50,000 - - - - 75,000 1,525,000 - - 1,650,000 Total Funding Sources:50,000 - - - - 75,000 1,525,000 - - 1,650,000 Capital Expenditures:Design50,000 - - - - 75,000 - - - 125,000 Right of Way- - - - - - - - - - Construction- - - - - - 1,525,000 - - 1,525,000 Total Expenditures:50,000 - - - - 75,000 1,525,000 - - 1,650,000 TIP# I-16Description:The project will construct a new westbound right-turn pocket on 15th Street NW at the intersection with the SR 167 northbound ramps. The widening is needed to improve the level of service and manage vehicle queues at the intersection.Progress Summary:The design and construction of the project is anticipated as part of an adjacent development project.Future Impact on Operating Budget:This annual maintenance cost for this project is estimated to be $500.BudgetForecast Project Cost Page 210 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 29 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Neighborhood Street Lighting ProgramSTIP# AUB-N/AProject No:gcbd09CFPProject Type:Safety, Non-CapacityProject Manager:Scott NutterLOS Corridor ID# N/AActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - ARPA- 100,000 400,000 - - - - - 500,000 Total Funding Sources:- 100,000 400,000 - - - - - - 500,000 Capital Expenditures:Pre-Design- - - - - - - - - - Design- 15,000 100,000 - - - - - - 115,000 Right of Way- - - - - - - - - - Construction- 85,000 300,000 - - - - - 385,000 Total Expenditures:- 100,000 400,000 - - - - - - 500,000 TIP# I-17Description:This project will utilize ARPA funds to improve/add street lighting to residential neighborhoods in qualifying areas throughout the City. Progress Summary:$500,000 was originally budgeted in 2022. The funds shown in 2023 are anticipated carryforward of unspent funds from 2022.Future Impact on Operating Budget:New LED's can save up to 60% on the power bill relative to the existing lights. In addition, PSE is offering energy efficiency rebates for LED upgrades which may be available to the City.BudgetForecast Project Cost Page 211 of 282 City of Auburn Transportation Improvement Program Intersection, Traffic Signal and ITS Projects 30 Page 212 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 31 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Non-Motorized Safety Program STIP# AUB-N/AProject No:asbd08CFPProject Type:Non-Capacity (Annual)Project Manager:James WebbActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- 150,000 150,000 150,000 150,000 150,000 150,000 150,000 - 1,050,000 Unsecured Grant- - - - - - - - - - REET 1- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources:- 150,000 150,000 150,000 150,000 150,000 150,000 150,000 - 1,050,000 Capital Expenditures:Design- 30,000 30,000 30,000 30,000 30,000 30,000 30,000 - 210,000 Right of Way- - - - - - - - - - Construction- 120,000 120,000 120,000 120,000 120,000 120,000 120,000 - 840,000 Total Expenditures:- 150,000 150,000 150,000 150,000 150,000 150,000 150,000 - 1,050,000 TIP# N-1Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project CostDescription:The program will construct non-motorized safety improvement projects at locations throughout the City. Projects are prioritized based on pedestrian and bicycle demands, existing deficiencies, field studies and community requests. Common improvements installed by this program include, but are not limited to, RRFBs, signage, striping, raised crosswalk, bicycle lanes, etc. Progress Summary: Page 213 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 32 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Sidewalk Repair and Accessibility Program STIP# AUB-N/AProject No:gcbd01CFPProject Type:Non-Capacity (Annual) Project Manager:James WebbActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostCap. Imp. Fund Balance- - - - - - - - - - ARPA- 50,000 800,000 - - - - - - 850,000 REET 2- 107,000 - 205,000 210,000 215,000 220,000 - 957,000 CDBG GrantOther (SW Repair Fees)- - 100,000 50,000 50,000 50,000 50,000 50,000 - 350,000 Total Funding Sources:- 50,000 1,007,000 50,000 255,000 260,000 265,000 270,000 - 2,157,000 Capital Expenditures:Design- 50,000 201,400 10,000 51,000 52,000 53,000 54,000 - 471,400 Right of Way- - - - - - - - - - Construction- 805,600 40,000 204,000 208,000 212,000 216,000 - 1,685,600 Total Expenditures:- 50,000 1,007,000 50,000 255,000 260,000 265,000 270,000 - 2,157,000 TIP# N-2Description:The program replaces damaged sidewalks throughout the City, adds new curb ramps, and replaces existing curb ramps that do not meet current American with Disabilities Act (ADA) requirements. Projects are prioritized annually based on pedestrian demands, existing deficiencies, and citizen requests. Program funds reflect remaining budget after allocations to specific ADA and sidewalk improvement projects. The program also uses fees collected from residents choosing to pay a fee to the City for replacement of damaged sidewalk sections that they are responsible for (caused by their private trees). Typically HUD funds (not shown below) are also transferred into this program to complete accessibility improvements in qualifying neighborhoods. $800k of ARPA funds in 2023 is assumed carryforward from 2022. $100k of SW repair fees shown in 2023 assume the $50k of fees in 2022 are carried forward into 2023.Progress Summary:Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost Page 214 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 33 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 10th Street NE Non-Motorized ImprovementsSTIP# AUB-N/AProject No:TBDCFPProject Type:Non-motorized, SafetyProject Manager:TBDActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - 134,000 5,000 132,000 - - - - 271,000 Unsecured Grant- - - - 839,000 - - - - 839,000 Traffic Impact Fees- - - - - - - - - - REET 2- - - - - - - - - - Art. Preservation Fund (105)- - 53,000 - 388,000 - - - - 441,000 Total Funding Sources:- - 187,000 5,000 1,359,000 - - - - 1,551,000 Capital Expenditures:Design- - 187,000 - - - - - - 187,000 Right of Way- - - 5,000 - - - - - 5,000 Construction- - - - 1,359,000 - - - - 1,359,000 Total Expenditures:- - 187,000 5,000 1,359,000 - - - - 1,551,000 TIP# N-3Description: The project will implement a suite of non-motorized improvements along 10th Street NE between B Street NW and Auburn Way N. The proposed improvements include rechannelization the roadway to convert the existing four-lane cross section to a three lanes section with bike lanes and a center two-way left-turn lane, changes to the existing intersection control at the intersection with A Street NE, and the installation of a new north/south crosswalk to the east of the A Street NE intersection. The new crosswalk is proposed to be enhanced with a median island and a Rectangular Rapid Flashing Beacon (RRFB). The existing signal at D Street NE will require modification to match the new roadway cross section. The pavement is also proposed to be replaced to support the rechannelization of the roadway and addition of on-street bicycle facilities. Local preservation funds are proposed to be utilized to fund the majority of the cost of the pavement replacement, beyond the needs identified above, and are not included in the grant request. Progress Summary:City submitted application for Federal grant in Spring 2022 through PSRC King County Countywide program. Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Costs Page 215 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 34 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Transit Partnership RoutesSTIP# AUB-N/AProject No:N/AProject Type:OtherProject Manager:Celile MalikActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- 185,000 190,000 195,000 200,000 205,000 210,000 215,000 - 1,400,000 Unsecured Grant- - - - - - - - - - REET 1- - - - - - - - - - Other (Agencies)- - - - - - - - - - Total Funding Sources:- 185,000 190,000 195,000 200,000 205,000 210,000 215,000 - 1,400,000 Capital Expenditures:Design- - - - - - - - - - Right of Way- - - - - - - - - - Transit Service- 185,000 190,000 195,000 200,000 205,000 210,000 215,000 - 1,400,000 Total Expenditures:- 185,000 190,000 195,000 200,000 205,000 210,000 215,000 - 1,400,000 TIP# N-4Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project CostDescription:Operating costs associated with the Commuter Shuttle (PT497) from the Lakeland Hills neighborhood to Auburn Station. Progress Summary:The Lakeland Hills route, PT497, began in 2009. The route is operated in partnership with King County Metro and Pierce Transit. Page 216 of 282 Six Year Transportation Improvement Plan ARTERIAL STREET FUND (102) Project Title: Regional Growth Center Pedestrian Improvements STIP# AUB-N/A Project No:TBD CFP Project Type:Non-motorized, Safety Project Manager:TBD Activity:2022 YE Funding Sources:Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project Cost Unrestricted Street Revenue - - - - 20,000 105,000 - - - 125,000 Unsecured Grant - - - - 80,000 420,000 - - - 500,000 Traffic Impact Fees - - - - - - - - - - REET 2 - - - - - - - - - - Other - - - - - - - - - - Total Funding Sources:- - - - 100,000 525,000 - - - 625,000 Capital Expenditures: Design - - - - 100,000 - - - - 100,000 Right of Way - - - - - - - - - - Construction - - - - - 525,000 - - - 525,000 Total Expenditures:- - - - 100,000 525,000 - - - 625,000 TIP# N-5 Description: The project will implement non-motorized improvements at the 1st Street NE/NW/N Division Street intersections in downtown Auburn. The proposed improvements will create a raised intersection to reduce speeds, and encourage motorists to yield to pedestrians using the crosswalks; add curb bulbs where they are not currently provided to reduce crossing distances and improve pedestrian visibility; construct new ADA complaint ramps; and both pedestrian level and street lighting improvements. Progress Summary: City submitted application for Federal grant in Spring 2022 through PSRC King County Countywide program. Future Impact on Operating Budget: This project will have no impact on the operating budget for street maintenance. Budget Forecast Project Costs 1 Page 217 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 36 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Auburn Station Access ImprovementsSTIP# AUB-N/AProject No:TBDCFPProject Type:Non-Capacity, TransitProject Manager:TBDActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - Other (King County Metro)- - 125,000 - - - - - - 125,000 Total Funding Sources:- - 125,000 - - - - - - 125,000 Capital Expenditures:Design- - 25,000 - - - - - - 25,000 Right of Way- - - - - - - - - - Construction- - 100,000 - - - - - - 100,000 Total Expenditures:- - 125,000 - - - - - - 125,000 TIP# N-6BudgetForecast Project CostFuture Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.Description:The project will reconstruct the channelization and curb radii to improve the turning radius for transit vehicles at the northeast corner of A St SW/2nd St SW. Progress Summary:The ROW needed to accommodate this improvement was dedicated by the adjacent development project. King County Metro will complete the design and construction of the improvements as part of the RapidRide I Line project. Page 218 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 37 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUNDS (328)Project Title: Auburn Way S (SR 164) - Southside Sidewalk ImprovementsSTIP# AUB-71Project No:CP2129CFPProject Type:Non-motorized, SafetyProject Manager:Seth WickstromActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostCap. Imp. Fund Balance- - - - - - - - - - Secured Grant- 80,000 615,000 - - - - - - 695,000 Traffic Impact Fees- - - - - - - - - - REET 2- 15,000 60,000 - - - - - - 75,000 Other (MIT)- - 75,000 - - - - - - 75,000 Total Funding Sources:- 95,000 750,000 - - - - - - 845,000 Capital Expenditures:Design- 95,000 - - - - - - - 95,000 Right of Way- - - - - - - - - - Construction- - 750,000 - - - - - - 750,000 Total Expenditures:- 95,000 750,000 - - - - - - 845,000 TIP# N-7Description: The project will construct sidewalk along the south side of Auburn Way S. The existing sidewalk along the south side currently ends at the intersection with Howard Road and restarts to the west of the intersection with Muckleshoot Plaza. The sidewalk gap extends for approximately 1,700 feet. The project also includes a Rapid Flashing Rectangular Beacon (RRFB) across Howard Road to provide a connection from the existing non-motorized facilities to the proposed improvements.Progress Summary:Grant funding from WSDOT was awarded in 2021. The design phase is underway, with construction of the improvements scheduled to be completed during 2023. The project is funded in partnership with the Muckleshoot Indian Tribe. Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Costs Page 219 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 38 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Evergreen Heights Elementary SidewalksSTIP# AUB-N/AProject No:TBDCFPProject Type:Non-MotorizedProject Manager:TBDLOS Corridor ID# 37Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - 15,000 210,500 - - - - 225,500 Unsecured Grant- - 56,500 840,000 - - - - - 896,500 Traffic Impact Fees- - - - - - - - - - Other (ASD)- - - - - - - - - - REET 2- - - - - - - - - Traffic Mitigation Fees- - - - - - - - - - Total Funding Sources:- - 71,500 1,050,500 - - - - - 1,122,000 Capital Expenditures:Design- - 71,500 - - - - - - 71,500 Right of Way- - - - - - - - - - Construction- - - 1,050,500 - - - - - 1,050,500 Total Expenditures:- - 71,500 1,050,500 - - - - - 1,122,000 TIP# N-8BudgetForecast Project CostFuture Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.Description:The project will construct a new sidewalk along the north side of S 316th Street between the end of the existing sidewalk at 56th Avenue S and 51st Avenue S to the west (approximately 1,250 feet). The project will also construct curb and gutter, storm improvements, and street lighting. The storm utility is contributing a portion of the storm costs which are shown in the storm CFP. Progress Summary:City submitted application for grant in Spring 2022 through WSDOT Safe Routes to Schools program. Page 220 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 39 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Riverwalk Drive SE Non-Motorized ImprovementsSTIP# AUB-72Project No:CP2121CFPProject Type:Non-MotorizedProject Manager:Jeff BenderActivity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostUnrestricted Street Revenue2,622 163,732 166,146 - - - - - - 332,500 Secured Grant15,160 164,840 455,000 - - - - - 635,000 Arterial Preservation Fund (105)- 50,000 350,000 - - - - - - 400,000 Other (MIT)- - 332,500 - - - - - - 332,500 Total Funding Sources:17,782 378,572 1,303,646 - - - - - - 1,700,000 Capital Expenditures:Design17,782 378,572 - - - - - - - 396,354 Right of Way- - - - - - - - - - Construction- - 1,303,646 - - - - - - 1,303,646 Total Expenditures:17,782 378,572 1,303,646 - - - - - - 1,700,000 TIP # N-9Description:The project will construct sidewalks, street lighting, and related storm improvements along the east side of Riverwalk Drive SE between Auburn Way S and Howard Road SE. This project will close a gap in the sidewalk system completing a non-motorized connection between the R Street SE and Auburn Way S. The project will also install a RRFB at the intersection with Howard Road. Progress Summary:Grant funding from WSDOT was awarded in 2021. The design phase is underway, with construction of the improvements scheduled to be completed during 2023. The project is funded in partnership with the Muckleshoot Indian Tribe. Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $2,000.BudgetForecast Project Cost Page 221 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 40 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: 2023 City Safety Pedestrian Crossing EnhancementsSTIP# AUB-N/AProject No:TBDCFPProject Type:Non-MotorizedProject Manager:TBDActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured State Grant- - 72,000 560,000 - - - - - 632,000 REET 2- - 8,000 - - - - - - 8,000 Other- - - - - - - - - - Total Funding Sources:- - 80,000 560,000 - - - - - 640,000 Capital Expenditures:Design- - 80,000 - - - - - - 80,000 Right of Way- - - - - - - - - - Construction- - - 560,000 - - - - - 560,000 Total Expenditures:- - 80,000 560,000 - - - - - 640,000 TIP# N-10Description:The project will install RRFBs at four locations around the City, at the SE 304th Street/116th Avenue intersectionl, on R Street SE to the north of 37th Street SE, at the S 296th Street/57th Place S intrsection, and at M Street SE/33rd Street SE. Progress Summary:City submitted application for WSDOT City Safety Grant in Spring 2022. Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost Page 222 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 41 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Lea Hill Safe Routes to SchoolsSTIP# AUB-N/AProject No:TBDCFPProject Type:Non-MotorizedProject Manager:TBDActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured State Grant- - 70,000 843,000 - - - - - 913,000 REET 2- - 15,000 200,000 - - - - - 215,000 Other- - - - - - - - - - Total Funding Sources:- - 85,000 1,043,000 - - - - - 1,128,000 Capital Expenditures:Design- - 85,000 - - - - - - 85,000 Right of Way- - - - - - - - - - Construction- - - 1,043,000 - - - - - 1,043,000 Total Expenditures:- - 85,000 1,043,000 - - - - - 1,128,000 TIP# N-11Description:The project will construct non-motorized improvements along SE 304th St from Hazelwood Elementary School extending east to 124th Ave SE. The project will complete multiple gaps in the existing non-motorized network. The project will also construct curb and gutter, ADA compliant curb ramps, driveways aprons and retaining walls associated with the new sidewalks. Utility poles will need to be relocated to accommodate the proposed sidewalk alignment in some locations. Additional lighting is proposed for pedestrian safety and will be incorporated onto existing/relocated utility poles, and an RRFB will be installed at the SE 304th St intersection with 116th Ave SE. Ancillary work, including but not limited to, property restoration, grading, storm upgrades, school zone beacon relocation, channelization, fencing, landscaping and mailbox relocation will be addressed with the project. Progress Summary:City submitted application for grant in Spring 2022 through WSDOT Safe Routes to Schools program. Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost Page 223 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 42 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 37th Street SE Safe Routes to SchoolsSTIP# AUB-N/AProject No:TBDCFPProject Type:Non-MotorizedProject Manager:TBDActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured State Grant- - 86,500 448,500 - - - - - 535,000 REET 2- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources:- - 86,500 448,500 - - - - - 535,000 Capital Expenditures:Design- - 86,500 - - - - - - 86,500 Right of Way- - - - - - - - - - Construction- - - 448,500 - - - - - 448,500 Total Expenditures:- - 86,500 448,500 - - - - - 535,000 TIP# N-12Description:The project will complete a gap in the existing non-motorized system along 37th Street SE between M Street SE and the 37th Street trail which connects to R Street SE. Existing sidewalks are provided along M Street SE to the north of 37th Street SE, and along 37th Street SE to the west of M Street SE. Sidewalks existing along both sides of the R Street SE corridor, and are proposed to be upgraded with the R Street SE/29th Street SE improvement project. A new pedestrian crossing at the trail connection to R Street SE is also proposed. The new crossing will be enhanced with an RRFB. This project will install curb and gutter, storm improvements, street light upgrades, and a 7.5 foot sidewalk along the north side of 37th Street SE. New ADA ramps will be provided at side street intersections, aprons will be added at driveway approaches, and existing utility poles will be relocated or removed as needed. Progress Summary:City submitted application for grant in Spring 2022 through WSDOT Safe Routes to Schools program. Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost Page 224 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 43 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 2022 Arterial Pedestrian and Bicycle Safety ProjectSTIP# AUB-N/AProject No:CP2119Project Type:Non-CapacityProject Manager:Aleksey KoshmanLOS Corridor ID# N/AActivity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostUnrestricted Street Revenue36,483 293,517 10,000 - - - - - - 340,000 Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - Other (WTSC Grant)- 75,000 - - - - - - - 75,000 Total Funding Sources:36,483 368,517 10,000 - - - - - - 415,000 Capital Expenditures:Design36,483 - - - - - - - - 36,483 Right of Way- - - - - - - - - - Construction- 368,517 10,000 - - - - - - 378,517 Total Expenditures:36,483 368,517 10,000 - - - - - - 415,000 TIP #N-13Description:This project was developed as part of the Non-Motorized Safety Program (TIP N-1), and will replace curb ramps on 15th Street NE adjacent to the King County Park and Ride facilities, remove curb returns and install sidewalk on A Street SE between 21st Street SE and 29th Street SE (near Oldcastle Precast), replace overhead flashers on enhanced crossing of East Main Street near Washington Elementary with a rapid rectangular flashing beacon (RRFB) system, install a new RRFB system near Gildo Rey Elementary across 37th Street SEProgress Summary:Project construction is underway in 2022.Future Impact on Operating Budget:No impact.BudgetForecast Project Cost Page 225 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 44 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: 2022 Sidewalk and ADA Improvement ProjectSTIP# AUB-N/AProject No:CP2131Project Type:Non-CapacityProject Manager:Kim TruongLOS Corridor ID# N/AActivity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostCap. Imp. Fund Balance- - - - - - - - - - Unsecured Grant- - - - - - - - - - REET 215,660 254,340 10,000 - - - - - - 280,000 CDBG Grant- 100,000 - - - - - - - 100,000 Total Funding Sources:15,660 354,340 10,000 - - - - - - 380,000 Capital Expenditures:Design15,660 - - - - - - - - 15,660 Right of Way- - - - - - - - - - Construction- 354,340 10,000 - - - - - - 364,340 Total Expenditures:15,660 354,340 10,000 - - - - - - 380,000 TIP #N-14Description:This project was developed as part of the Sidewalk Repair and Accessibility program (TIP N-2), and will construct ADA compliant curb ramps, driveways, and sidewalks at various locations throughout the City.Progress Summary:Project construction is underway in 2022.Future Impact on Operating Budget:No impact.BudgetForecast Project Cost Page 226 of 282 City of Auburn Transportation Improvement Program Non-Motorized and Transit Projects 45 Page 227 of 282 City of Auburn Transportation Improvement Program Preservation Projects 46 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: Arterial Street Preservation ProgramSTIP# AUB-N/AProject No:spbd01CFPProject Type:PreservationProject Manager:James WebbActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostArterial Preservation Fund- 540,000 - - - - - - 540,000 TBD Revenues- 250,000 1,465,644 2,674,000 3,120,000 4,000,000 3,950,000 - 15,459,644 Other (Grants, TBD)- - - - - 900,000 900,000 - 1,800,000 Total Funding Sources:- 540,000 250,000 1,465,644 2,674,000 3,120,000 4,900,000 4,850,000 - 17,799,644 Capital Expenditures:Design- 81,000 250,000 275,000 300,000 325,000 350,000 375,000 - 1,956,000 Right of Way- - - - - - - - - - Construction- 459,000 - 1,190,644 2,374,000 2,795,000 4,550,000 4,475,000 - 15,843,644 Total Expenditures:- 540,000 250,000 1,465,644 2,674,000 3,120,000 4,900,000 4,850,000 - 17,799,644 TIP# P-1Description: The program preserves classified streets throughout the City. Individual projects may include a combination of crack seal, overlays, rebuilds, and spot repairs. The program also funds the biennial collection of pavement condition ratings. This program is currently funded through a 1% utility tax that was adopted by City Council in 2008. Program funds reflect remaining budget after allocations to specific arterial street preservation projects, which are included as separate projects in this TIP. Program Funding is proposed to be modified in 2023 to be from a 1.5% City Utiltiy tax and Transportation Benefit District funds.Progress Summary:During 2021, the Auburn Way N preservation projects and 15th Street NW reconstruction will be completed; the Lea Hill Road and 3rd Street SW bridge decks will be preserved; the reconstruction of 2nd Street SE will begin; 4th Street SE reconstruction is being designed; and arterial patching and crack seal projects are proposed. Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 228 of 282 City of Auburn Transportation Improvement Program Preservation Projects 47 Six Year Transportation Improvement PlanLOCAL STREET PRESERVATION FUND (103)Project Title: Local Street Preservation Program STIP# AUB-N/AProject No:sobd02CFPProject Type:PreservationProject Manager:James WebbActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostLocal Street Preserv. Fund- 150,000 300,000 1,450,000 1,800,000 1,800,000 1,800,000 1,800,000 - 9,100,000 Utilities Transfer to 103 Fund- - 150,000 150,000 150,000 150,000 150,000 150,000 - 900,000 REET 1- - - - - - - - - - REET 2- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources:- 150,000 450,000 1,600,000 1,950,000 1,950,000 1,950,000 1,950,000 - 10,000,000 Capital Expenditures:Design- 150,000 450,000 400,000 400,000 400,000 400,000 400,000 - 2,600,000 Right of Way- - - - - - - - - - Construction- - - 1,200,000 1,550,000 1,550,000 1,550,000 1,550,000 - 7,400,000 Total Expenditures:- 150,000 450,000 1,600,000 1,950,000 1,950,000 1,950,000 1,950,000 - 10,000,000 TIP# P-2BudgetForecast Project CostDescription:The program preserves local (unclassified) streets. Individual projects may include crack sealing, asphalt patching, pre-leveling, asphalt overlays and roadway reconstruction. The program also funds the biennial collection of pavement condition ratings. Beginning in 2019 REET funding was dedicated by council to this program. Beyond 2022, funding for this program is shown as other because a dedicated funding source has not yet been identified, and the use of REET to fund the program is not sustainable long term. Program funds reflect remaining budget after allocations to specific local street preservation projects, which are included as separate projects in this TIP.Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.Progress Summary:This program has successfully completed overlays, chip seals and complete reconstructions since 2005. The program will focus on completing reconstruction needs in addition to regular maintenance treatments. The 2022 funds have been transfered into the Lead Service Line replacement project to cover the cost of additional reconstruction/rehabilitation included with the scope of that project. Page 229 of 282 City of Auburn Transportation Improvement Program Preservation Projects 48 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: 2nd Street SE PreservationSTIP# AUB-N/AProject No:CP2003CFPProject Type:PreservationProject Manager:Jai CarterActivity:2022 YEFunding Sources: Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project CostArterial Preservation Fund74,376 319,126 10,000 - - - - - - 403,502 Secured State Grant78,859 373,917 - - - - - - - 452,776 Other (Franchise Utilities)- 225,000 - - - - - - - 225,000 Total Funding Sources:153,235 918,043 10,000 - - - - - - 1,081,278 Capital Expenditures:Design115,000 - - - - - - - - 115,000 Right of Way- - - - - - - - - - Construction- 918,043 10,000 - - - - - - 928,043 Total Expenditures:115,000 918,043 10,000 - - - - - - 1,043,043 TIP# P-3Description:This project was developed as part of the Arterial Preservation Program (P-1) and will reconstruct 2nd Street SE between A Street SE and Auburn Way S. The reconstruction will utilize full depth reclamation techniques. The project will also address fixed objects located within the clear zone, remove barriers to ADA access, and install new LED street lighting.Progress Summary:Grant funding for this project was awarded by TIB in 2019. Construction underway in 2022. $10k shown in 2023 is a placeholder for potential carryforward of 2022 budget for construction completion and closeout.Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 230 of 282 City of Auburn Transportation Improvement Program Preservation Projects 49 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: Bridge Deck Preservation ProgramSTIP# AUB-N/AProject No:VariesProject Type:PreservationProject Manager:Scott NutterActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostArterial Preservation Fund- 100,000 100,000 100,000 100,000 100,000 - - - 500,000 Unsecured Grant- - - - - - - - - - TBD Revenues- - - - - - 100,000 100,000 - 200,000 Total Funding Sources:- 100,000 100,000 100,000 100,000 100,000 100,000 100,000 - 700,000 - Capital Expenditures:Design- 20,000 20,000 20,000 20,000 20,000 20,000 20,000 - 140,000 Right of Way- - - - - - - - - - Construction- 80,000 80,000 80,000 80,000 80,000 80,000 80,000 - 560,000 Total Expenditures:- 100,000 100,000 100,000 100,000 100,000 100,000 100,000 - 700,000 TIP# P-4Description:The program rehabilitates bridge decks as identified by the City's annual bridge inspection program. Program funds reflect remaining budget after allocations to specific bridge deck preservation projects.Progress Summary:Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 231 of 282 City of Auburn Transportation Improvement Program Preservation Projects 50 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: Bridge Structure Preservation ProgramSTIP# AUB-N/AProject No:VariesProject Type:PreservationProject Manager:Scott NutterActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostArterial Preservation Fund- 50,000 - 50,000 - 50,000 - - - 150,000 Unsecured Grant- - - - - - - - - - TBD Revenues- - - - - - - 50,000 - 50,000 Total Funding Sources:- 50,000 - 50,000 - 50,000 - 50,000 - 200,000 Capital Expenditures:Design- 10,000 - 10,000 - 10,000 - 10,000 - 40,000 Right of Way- - - - - - - - - - Construction- 40,000 - 40,000 - 40,000 - 40,000 - 160,000 Total Expenditures:- 50,000 - 50,000 - 50,000 - 50,000 - 200,000 TIP# P-5BudgetForecast Project CostFuture Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.Description:This program performs annual bridge inspections and load ratings as needed and implements identified maintenance, repairs, and improvements. Program funds reflect remaining budget after allocations to specific bridge structure preservation projects.Progress Summary: Page 232 of 282 City of Auburn Transportation Improvement Program Preservation Projects 51 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: Lake Tapps Pkwy/Sumner-Tapps Hwy E PreservationSTIP# AUB-68Project No:spbd08CFPProject Type:PreservationProject Manager:TBDActivity:2022 YEFunding Sources: Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project CostArterial Preservation Fund- 25,000 150,000 534,356 - - - - - 709,356 Secured Grant- - - 750,000 - - - - - 750,000 Other - - - - - - - - - - Total Funding Sources:- 25,000 150,000 1,284,356 - - - - - 1,459,356 Capital Expenditures:Design- 25,000 125,000 - - - - - - 150,000 Right of Way- - 25,000 - - - - - - 25,000 Construction- - - 1,284,356 - - - - - 1,284,356 Total Expenditures:- 25,000 150,000 1,284,356 - - - - - 1,459,356 TIP# P-6Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project CostDescription:The project will grind and overlay the Lake Tapps Parkway/Sumner-Tapps Highway E corridor from the intersection of Lake Tapps Parkway with Lakeland Hills Way to the intersection of Sumner-Tapps Highway E with 16th Street E (the Auburn City limit). Portions of the corridor include a center two-way left-turn lane which does not require preservation and would be omitted from the grind and overlay. The project scope also includes upgrades to ADA curb ramps and pedestrian push buttons, and replacement of vehicle detection at signalized intersections.Progress Summary:Grant funding for the project was awarded in 2020. Design is programmed to begin during the second half of 2022. Page 233 of 282 City of Auburn Transportation Improvement Program Preservation Projects 52 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: C Street SW Preservation (GSA Signal to Ellingson Road SE)STIP# AUB-N/AProject No:TBDCFPProject Type:PreservationProject Manager:TBDActivity:2022 YEFunding Sources: Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project CostArterial Preservation Fund- - - 198,000 - - - - 198,000 Unsecured Grant- - - - - 865,000 - - - 865,000 TBD Revenues- - - - 28,000 865,000 - - - 893,000 Total Funding Sources:- - - 198,000 28,000 1,730,000 - - - 1,956,000 Capital Expenditures:Design- - - 198,000 - - - - - 198,000 Right of Way- - - - 28,000 - - - - 28,000 Construction- - - - - 1,730,000 - - - 1,730,000 Total Expenditures:- - - 198,000 28,000 1,730,000 - - - 1,956,000 TIP# P-7Description:The project will grind and overlay C Street SW from the GSA signal (approximately 2,000 feet to the south of 15th Street SW) to Ellingson Road SE. The project also includes ADA upgrades to curb ramps and pedestrian push buttons, and replacement vehicle detection.Progress Summary:Grant funding for the construction phase of this project was submitted in 2022. If awarded, the design phase would begin in 2024.Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 234 of 282 City of Auburn Transportation Improvement Program Preservation Projects 53 Six Year Transportation Improvement PlanLOCAL STREET PRESERVATION FUND (103)Project Title: D Street SE and 23rd Street SE Storm ImprovementsSTIP# AUB-N/AProject No:CP2125CFPProject Type:PreservationProject Manager:Jai CarterActivity:2022 YEFunding Sources: Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project CostLocal Street Preserv. Fund- 50,000 - 350,000 - - - - - 400,000 Secured Grant- - - - - - - - - - Other (ARPA)- - 85,000 - - - - - - 85,000 Total Funding Sources:- 50,000 85,000 350,000 - - - - - 485,000 Capital Expenditures:Design- 50,000 - - - - - - - 50,000 Right of Way- - - - - - - - - - Construction- - 85,000 350,000 - - - - - 435,000 Total Expenditures:- 50,000 85,000 350,000 - - - - - 485,000 TIP# P-8Description:The project will replace additional pavement on D Street SE and 23rd Street SE and is part of the scope of a larger storm project. The project will replace the remaining portions of pavement not required to be restored as part of the utility replacement. The project will reconstruct D Street SE between 21st Street SE and 23rd Street SE and between 25th Street SE and 27th Street SE. The project will also use ARPA funding to install curb, gutter and sidewalk along the east side of K Street SE to the south of 21st Street SE. This will complete a gap between 21st Street SE and existing sidewalk completed as part of the replacement of Pioneer Elementary School.Progress Summary:The design phase of the project has begun and will be completed during 2023, with construction programmed for 2024.Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 235 of 282 City of Auburn Transportation Improvement Program Preservation Projects 54 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: A Street SE Preservation (37th Street SE to Lakeland Hills Way)STIP# AUB-N/AProject No:TBDCFPProject Type:PreservationProject Manager:TBDActivity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostArterial Preservation Fund- - 183,000 27,000 - - - - - 210,000 Unsecured Grant- - - - 905,000 - - - - 905,000 TBD Revenues- - - - 854,000 - - - - 854,000 Other (City of Pacific)- - 14,000 - 51,000 - - - - 65,000 Total Funding Sources:- - 197,000 27,000 1,810,000 - - - - 2,034,000 Capital Expenditures:Design- - 197,000 - - - - - - 197,000 Right of Way- - - 27,000 - - - - - 27,000 Construction- - - - 1,810,000 - - - - 1,810,000 Total Expenditures:- - 197,000 27,000 1,810,000 - - - - 2,034,000 TIP# P-10Description:The project will grind and overlay A Street SE from 37th Street SE to the intersection with Lakeland Hills Way (the southern paving limit is to the north of the Lakeland Hills intersection which is included in the regional application for East Valley Highway widening). The project limits include a portion of A Street SE which is located in the City of Pacific. Auburn and Pacific are partnering on the project to include this segment as part of the project. The project also includes ADA upgrades to curb ramps, pedestrian push buttons, and replacement of vehicle detection at signalized intersections.Progress Summary:Grant funding for the construction phase of this project was submitted in 2022.Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 236 of 282 City of Auburn Transportation Improvement Program Preservation Projects 55 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: C Street SW Preservation (W Main St to GSA Signal)STIP# AUB-67Project No:CP2123CFPProject Type:PreservationProject Manager:Kim TruongActivity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostArterial Preservation Fund4,228 120,772 68,272 - - - - - - 193,272 Secured Grant- - 1,118,272 - - - - - - 1,118,272 TBD Revenues- - 1,050,000 - - - - - - 1,050,000 Other- - - - - - - - - - Total Funding Sources:4,228 120,772 2,236,544 - - - - - - 2,361,544 Capital Expenditures:Design4,228 95,772 - - - - - - - 100,000 Right of Way- 25,000 - - - - - - - 25,000 Construction- - 2,236,544 - - - - - - 2,236,544 Total Expenditures:4,228 120,772 2,236,544 - - - - - - 2,361,544 TIP# P-11Description:The project will grind and overlay C Street SW from W Main Street to the GSA signal (approximately 2,000 feet to the south of 15th Street SW). The project also includes ADA upgrades to curb ramps and pedestrian push buttons, and replacement of vehicle detection loops.Progress Summary:Grant funding for the construction phase of this project was awarded in 2020. Design underway in 2022.Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 237 of 282 City of Auburn Transportation Improvement Program Preservation Projects 56 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: 4th Street SE Preservation (Auburn Way S to L Street SE)STIP# AUB-N/AProject No:CP2102CFPProject Type:PreservationProject Manager:Jeff BenderActivity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostArterial Preservation Fund109,990 1,105,010 50,000 - - - - - - 1,265,000 Secured Grant133,748 1,554,087 - - - - - - - 1,687,835 Local Street Preservation Fund- 32,000 - - - - - - - 32,000 Other- - - - - - - - - - Total Funding Sources:243,738 2,691,097 50,000 - - - - - - 2,984,835 Capital Expenditures:Design243,738 95,245 - - - - - - - 338,983 Right of Way- - - - - - - - - - Construction- 2,595,852 50,000 - - - - - - 2,645,852 Total Expenditures:243,738 2,691,097 50,000 - - - - - - 2,984,835 TIP# P-14Description:This project will replace pavement and utilities on 4th Street SE from Auburn Way South to L Street SE. A pavement grind and overlay is planned between Auburn Way South and D Street SE. Full depth pavement reclamation is planned from D Street SE to L Street SE. The project will also include replacement of City utilities, removal of sidewalk obstructions, replacement of sidewalk and curb ramps as needed to address ADA requirements, and other improvements.Progress Summary:Grant funding for the project was awarded by TIB in 2020. Project construction is underway in 2022. $50k shown in 2023 is a placeholder for potential carryforward of 2022 budget for construction completion and closeout.Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 238 of 282 City of Auburn Transportation Improvement Program Preservation Projects 57 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: 2023 Arterial Preservation ProjectSTIP# AUB-N/AProject No:CPXXXXCFPProject Type:PreservationProject Manager:TBDActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostArterial Preservation Fund- 50,000 - - - - - - - 50,000 TBD Revenues- - 378,456 - - - - - - 378,456 Grants- - - - - - - - - - Total Funding Sources:- 50,000 378,456 - - - - - - 428,456 Capital Expenditures:Design- 50,000 - - - - - - - 50,000 Right of Way- - - - - - - - - - Construction- - 378,456 - - - - - - 378,456 Total Expenditures:- 50,000 378,456 - - - - - - 428,456 TIP# P-15Description: This project was developed as part of the Arterial Preservation Program (P-1), and will implement crack sealing on various classified streets throughout the City. Sealing cracks will prolong the life of the pavement by preventing water intrusion into the pavement structure.Progress Summary:Project design underway in 2022Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 239 of 282 City of Auburn Transportation Improvement Program Preservation Projects 58 Six Year Transportation Improvement PlanLOCAL STREET PRESERVATION FUND (103)Project Title: 2023 Local Street Preservation ProjectSTIP# AUB-N/AProject No:CP2101CFPProject Type:PreservationProject Manager:Kim TruongActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostLocal Street Preserv. Fund- 560,000 1,500,000 - - - - - - 2,060,000 TBD Revenues- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources:- 560,000 1,500,000 - - - - - - 2,060,000 Capital Expenditures:Design- 560,000 - - - - - - - 560,000 Right of Way- - - - - - - - - - Construction- - 1,500,000 - - - - - - 1,500,000 Total Expenditures:- 560,000 1,500,000 - - - - - - 2,060,000 TIP# P-16Description: This project includes the preservation of: Olympic Street SE between 33rd Street SE & 37th Street SE, 13th Street SE between A Street SE and B Street SE, 14th Street SE between A Street SE and B Street SE, and 17th Street SE to the west of Dogwood Street SE. The project will grind and overlay the pavement, with localized full depth pavement patching as necessary. ADA ramps will be upgraded, and sidewalk/curb & gutter will be replaced where damaged. Utility needs for the project are limited to minor storm upgrades, no water or sewer improvements have been identified. Progress Summary:Project design underway in 2022Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost Page 240 of 282 City of Auburn Transportation Improvement Program Preservation Projects 59 Page 241 of 282 City of Auburn Transportation Improvement Program Roadway Projects 60 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Neighborhood Traffic Calming ProgramSTIP# AUB-N/AProject No:CP2216CFPProject Type:Non-CapacityProject Manager:Cecile MalikActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostFund Balance- - - - - - - - - - Unsecured Grant- - - - - - - - - - REET 210,000 15,000 50,000 50,000 250,000 250,000 250,000 250,000 - 1,125,000 ARPA- - 200,000 200,000 - - - - - 400,000 Total Funding Sources:10,000 15,000 250,000 250,000 250,000 250,000 250,000 250,000 - 1,525,000 Capital Expenditures:Design2,000 5,000 50,000 50,000 50,000 50,000 50,000 50,000 - 307,000 Right of Way- - - - - - - - - Construction8,000 10,000 200,000 200,000 200,000 200,000 200,000 200,000 - 1,218,000 Total Expenditures:10,000 15,000 250,000 250,000 250,000 250,000 250,000 250,000 - 1,525,000 TIP# R-1BudgetForecast Project CostFuture Impact on Operating Budget:The traffic calming program will have no impact on the operating budget for street maintenance.Description:This program will provide educational material, and implement an areawide approach to traffic calming in residential neighborhood, which includes community outreach and participation, to ensure the improvements are supported by engineering studies and the community. The annual focus area will be selected based on identified needs, and location within the HUD qualified census tracks for 2022, 2023, and 2024. The needs evaluation includes request history, crash history, number of of potential through streets between arterials or collectors, and destinations such as schools, parks, transit stops, and convenience stores. Educational material, such as flyers and yard signs will be funded by REET funds.Progress Summary:During 2020 and 2021 the scope of the program was reduced due to funding and staffing constraints. A budget ammendment was approved for 2022 to allow the program to be resumed. In 2022, ARPA funding was allocated towards the program. The 2022 project is shown as TIP R-12 on a separate sheet. Page 242 of 282 City of Auburn Transportation Improvement Program Roadway Projects 61 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Stewart Road - City of Sumner (Lake Tapps Parkway Corridor)STIP# AUB-N/AProject No:N/ACFPProject Type:CapacityProject Manager:City of SumnerLOS Corridor ID# N/AActivity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - Traffic Mitigation Fees- - - 150,000 - - - - - 150,000 Total Funding Sources:- - - 150,000 - - - - - 150,000 Capital Expenditures:Design- - - - - - - - - - Right of Way- - - - - - - - - - Construction- - - 150,000 - - - - - 150,000 Total Expenditures:- - - 150,000 - - - - - 150,000 TIP# R-2Description:This is a City of Sumner project to widen the Stewart Road (Lake Tapps Parkway) Corridor. The project will replace the existing bridge over the White River with a new wider one. Completion of this corridor widening is expected to significantly relieve traffic congestion in Auburn along the A St SE and C St SW corridors.Progress Summary:City of Sumner has initiated preliminary road design and is seeking grant funding to complete the project.Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost Page 243 of 282 City of Auburn Transportation Improvement Program Roadway Projects 62 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: M Street Underpass (3rd St SE to 8th St SE) STIP# AUB-N/AProject No:c201a0CFPProject Type:CapacityProject Manager:Ryan VondrakLOS Corridor ID# 6Activity:2022 YEFunding Sources: Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project CostUnrestricted Street Revenue- - - - - - - - - - Secured Grants (Fed,State)9,731,904 - - - - - - - - 9,731,904 REET 21,140,000 - - - - - - - - 1,140,000 Traffic Impact Fees (Construction)4,309,782 - - - - - - - - 4,309,782 Traffic Impact Fees (Debt Service)1,013,991 122,843 122,550 122,258 121,965 121,673 121,380 121,088 1,547,527 3,415,275 Traffic Mitigation Fees660,000 - - - - - - - - 660,000 PWTFL (30 years)3,284,857 - - - - - - - - 3,284,857 Other (Agencies)3,090,514 - - - - - - - - 3,090,514 Total Funding Sources:22,217,057 122,843 122,550 122,258 121,965 121,673 121,380 121,088 1,547,527 22,347,475 Capital Expenditures:Design2,688,924 - - - - - - - - 2,688,924 Right of Way3,358,443 - - - - - - - - 3,358,443 Construction16,169,690 - - - - - - - - 16,169,690 PWTF Debt Service1,013,991 122,843 122,550 122,258 121,965 121,673 121,380 121,088 1,547,527 3,415,275 Total Expenditures:22,217,057 122,843 122,550 122,258 121,965 121,673 121,380 121,088 1,547,527 22,347,475 Future Impact on Operating Budget:N/ABudgetForecast Project CostTIP# R-3Description:The project constructed a grade separated railroad crossing of M Street SE at the BNSF Stampede Pass tracks. Progress Summary:Construction was completed in 2014. The project is now in Public Works Trust Fund Loan (PWTFL) debt repayment through 2041. Page 244 of 282 City of Auburn Transportation Improvement Program Roadway Projects 63 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: A Street LoopSTIP# AUB-70Project No:CP2117CFPProject Type:CapacityProject Manager:Matt LarsonLOS Corridor ID# 31Activity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostUnrestricted Street Revenue- - - - - - - - - - Secured Federal Grant- - 1,125,000 - - - - - - 1,125,000 Traffic Impact Fees70,000 330,000 67,000 - - - - - - 467,000 Other (Sound Transit) - - 340,000 - - - - - - 340,000 Total Funding Sources:70,000 330,000 1,532,000 - - - - - - 1,932,000 Capital Expenditures:Design70,000 230,000 - - - - - - - 300,000 Right of Way- 100,000 67,000 - - - - - - 167,000 Construction- - 1,465,000 - - - - - - 1,465,000 Total Expenditures:70,000 330,000 1,532,000 - - - - - - 1,932,000 TIP # R-4Description:The project will construct a new one-way (eastbound) roadway connection between A Street SW/S Division Street and A Street SE. The new intersection with A Street SE will allow an unsignalized right-turn movement onto southbound A Street SE, providing an alternative to the intersection of 3rd Street SE and A Street SE, which does not meet adopted LOS standards. The roadway will be constructed as a complete street to accommodate non-motorized road users. Progress Summary:Sound Transit has agreed to provid $340,000 towards the construction phase as mitigation for the second parking garage. Federal funding for the construction phase was awarded in 2021.Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.BudgetForecast Project Cost Page 245 of 282 City of Auburn Transportation Improvement Program Roadway Projects 64 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: A Street NW, Phase 2 (W Main St to 3rd St NW) STIP# AUB-N/AProject No:TBDCFPProject Type:CapacityProject Manager:TBDLOS Corridor ID# 18Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - 200,000 1,325,000 - - - - 1,525,000 Traffic Impact Fees- - - 150,000 - - - - - 150,000 Other (Developer)150,000 - - - 1,325,000 - - - - 1,475,000 Total Funding Sources:150,000 - - 350,000 2,650,000 - - - - 3,150,000 Capital Expenditures:Design- - - 250,000 - - - - - 250,000 Right of Way- - - 100,000 - - - - - 100,000 Construction150,000 - - - 2,650,000 - - - - 2,800,000 Total Expenditures:150,000 - - 350,000 2,650,000 - - - - 3,150,000 TIP# R-5Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $500.BudgetForecast Project CostDescription:The project will widen A Street NW to create a three-lane roadway section between W Main St and 3rd St NW. This project will improve the connection between the A St NW Extension, (Phase 1) and Auburn Station and Central Business District. The project is approximately 0.2 miles long.Progress Summary: Page 246 of 282 City of Auburn Transportation Improvement Program Roadway Projects 65 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Auburn Way S Widening (Hemlock St SE to Poplar St SE)STIP# AUB-64Project No:CP1622CFPProject Type:CapacityProject Manager:Jeff BenderLOS Corridor ID# 4Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - 200,000 - - - - - 200,000 Secured Federal Grant276,971 1,016,884 - 2,061,847 1,546,385 - - - - 4,902,087 Unsecured Grant- - - - - - - - - - Traffic Impact Fees47,987 958,158 400,000 1,738,153 1,453,615 - - - - 4,597,913 Other- - - - - - - - - - Total Funding Sources:324,958 1,975,042 400,000 4,000,000 3,000,000 - - - - 9,700,000 Capital Expenditures:Design324,958 1,175,042 - 17,000 - - - - - 1,517,000 Right of Way- 800,000 400,000 - - - - - - 1,200,000 Construction- - - 3,983,000 3,000,000 - - - - 6,983,000 Total Expenditures:324,958 1,975,042 400,000 4,000,000 3,000,000 - - - - 9,700,000 TIP# R-6Description:The project will widen Auburn Way S between Hemlock St SE and Poplar St SE to accommodate two lanes in each direction, center turn lane and/or medians to provide access management where feasible, sidewalks, bus pull-outs, street lighting and storm improvements. The project will also add an eastbound turnaround and enhanced pedestrian crossing near Redwood Court. The project length is approximately 0.5 miles. The project is needed to provide additional vehicular capacity, transit, and non-motorized facilities on the corridor.Progress Summary:Project scope was revised to omit portions of the original project scope that are being built by the Auburn School District's (ASD) Chinook Elementary replacement project. ASD's project will construct a roundabout at the school driveway on Auburn Way S instead of the traffic signal on Auburn Way S that was originally proposed as part of the City's project. $1,297,000 of federal grant funding for the design phase was awarded in 2019. 2021 Funding includes 2020 carry forward. If the cost of design phase is less than anticipated, a portion of the design phase grant will be utilized for construction. $3,605,807 of federal grant funding was awarded in 2022 for the construction phase.Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $2,500.BudgetForecast Project Cost Page 247 of 282 City of Auburn Transportation Improvement Program Roadway Projects 66 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: M Street NE Widening (E Main St to 4th St NE) STIP# AUB-N/AProject No:CP2210CFPProject Type:CapacityProject Manager:Kim TruongLOS Corridor ID# 5Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- 120,000 175,000 500,000 - - - - - 795,000 Arterial Street Fund (105)- 185,000 - 1,500,000 - - - - - 1,685,000 REET 2- - - 400,000 - - - - - 400,000 Traffic Impact Fees- 70,000 75,000 500,000 - - - - - 645,000 Other - - - - - - - - - - Total Funding Sources:- 375,000 250,000 2,900,000 - - - - - 3,525,000 Capital Expenditures:Design- 375,000 200,000 - - - - - - 575,000 Right of Way- - 50,000 - - - - - - 50,000 Construction- - - 2,900,000 - - - - 2,900,000 Total Expenditures:- 375,000 250,000 2,900,000 - - - - - 3,525,000 TIP# R-7Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $500.BudgetForecast Project CostDescription:This project will construct a complete four/five-lane street section on M St NE from south of E Main St to 4th St NE, and reconstruct the signal at E Main St. The project is needed to improve traffic operations along the M Street NE corridor, and replace the existing pavement which is in poor condition.Progress Summary:The design phase of the project was started during Spring 2022. Page 248 of 282 City of Auburn Transportation Improvement Program Roadway Projects 67 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 49th Street NE (Auburn Way N to D St NE)STIP# AUB-N/AProject No:CP2211CFPProject Type:CapacityProject Manager:TBDLOS Corridor ID# N/AActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- 61,000 74,000 892,000 - - - - - 1,027,000 Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - - - - - - Other (Developer) - - - - - - - - - - Total Funding Sources:- 61,000 74,000 892,000 - - - - - 1,027,000 Capital Expenditures:Design- 61,000 - - - - - - - 61,000 Right of Way- - 74,000 - - - - - - 74,000 Construction- - - 892,000 - - - - - 892,000 Total Expenditures:- 61,000 74,000 892,000 - - - - - 1,027,000 TIP# R-8BudgetForecast Project CostFuture Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $500Description:This project will construct the build-out of 49th Street NE between Auburn Way N and D Street NE.Progress Summary:Preliminary design for the project was prepared by the developer of the adjacent Copper Gate Project. The developer contribution of $674,600.49 was collected by the City and credited to the 102 fund. The developer funds will be suplemented by the City and the prelimiary design finalized by the City during 2022. Page 249 of 282 City of Auburn Transportation Improvement Program Roadway Projects 68 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 46th Place S ImprovementsSTIP# AUB-N/AProject No:TBDCFPProject Type:Capacity, SafetyProject Manager:TBDLOS Corridor ID# N/AActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - 250,000 250,000 750,000 - - 1,250,000 Other (Development)- - - - - - - - - - Total Funding Sources:- - - - 250,000 250,000 750,000 - - 1,250,000 Capital Expenditures:Design- - - - 250,000 - - - - 250,000 Right of Way- - - - - 250,000 - - - 250,000 Construction- - - - - - 750,000 - - 750,000 Total Expenditures:- - - - 250,000 250,000 750,000 - - 1,250,000 TIP# R-9BudgetForecast Project CostFuture Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.Description:The project will improve the 46th Place S intersection with S 321st Street. One of the options being considered is the realignment of 46th Place S approximately 350 feet to the east the existing alignment. This will create two T-intersections (44th Avenue S and 46th Place S) in place of the existing four-leg intersection. Other improvements are also also being evaluated. The project will improve safety and traffic operations at the intersections. Progress Summary:A portion of the right-of-way to accommodate the new roadway alignment was dedicated by the adjacent development project. Page 250 of 282 City of Auburn Transportation Improvement Program Roadway Projects 69 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: High Friction Surface TreatmentSTIP# AUB-69Project No:CP2112Project Type:SafetyProject Manager:Aleksey KoshmanLOS Corridor ID# N/AActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - 10,000 - - - - - - 10,000 Secured Grant13,525 780,675 - - - - - - - 794,200 Traffic Impact Fees- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources:13,525 780,675 10,000 - - - - - - 804,200 Capital Expenditures:Design13,525 46,475 - - - - - - - 60,000 Right of Way- - - - - - - - - - Construction- 734,200 10,000 - - - - - - 744,200 Total Expenditures:13,525 780,675 10,000 - - - - - - 804,200 TIP# R-10Description:The project will install a high friction surface treatment (HFST) at six different curved roadway segments throughout the City. The HFST involves the application of fine/rough aggregate to the pavement using a polymer binder to increase pavement friction. The higher pavement friction helps motorists maintain better control in both dry and wet driving conditions, reducing the potential for a crash.Progress Summary:Grant funding was awarded by WSDOT in 2020 project under construction in 2022.Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project CostPage 251 of 282 City of Auburn Transportation Improvement Program Roadway Projects 70 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: 124th Ave SE Widening (SE 312th St to SE 318th St)STIP# AUB-N/AProject No:TBDCFPProject Type:CapacityProject Manager:TBDLOS Corridor ID# 23Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees- - - - - 400,000 1,100,000 2,500,000 - 4,000,000 Other- - - - - - - - - - Total Funding Sources:- - - - - 400,000 1,100,000 2,500,000 - 4,000,000 Capital Expenditures:Pre-Design- - - - - - - - - - Design- - - - - 400,000 - - - 400,000 Right of Way- - - - - - 1,100,000 - - 1,100,000 Construction- - - - - - - 2,500,000 - 2,500,000 Total Expenditures:- - - - - 400,000 1,100,000 2,500,000 - 4,000,000 TIP# R-11BudgetForecast Project CostFuture Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.Description:This project will widen 124th Avenue SE to create a four-lane section with bicycle and pedestrian facilities between SE 318th St and SE 312th St. The project will also construct improvements at the SE 312th St/124th Ave SE intersection (including adding bike lanes, dual westbound left-turn lanes, dual southbound through-lanes, a northbound right-turn pocket, ITS improvements, and pedestrian safety improvements). The project is needed to improve traffic operations along the corridor and to accommodate all travel modes.Progress Summary:Phase 1 improvements between SE 318th and SE 316th were completed by GRC in 2012. Page 252 of 282 City of Auburn Transportation Improvement Program Roadway Projects 71 Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: 2022 Neighborhood Traffic Calming Program Focus AreaSTIP# AUB-N/AProject No:CP2217CFPProject Type:Non-CapacityProject Manager:Cecile MalikActivity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostFund Balance- - - - - - - - - - Unsecured Grant- - - - - - - - - - REET 2- 45,000 - - - - - - - 45,000 Other (ARPA)- - 200,000 - - - - - - 200,000 Total Funding Sources:- 45,000 200,000 - - - - - - 245,000 Capital Expenditures:Design- 45,000 - - - - - - - 45,000 Right of Way- - - - - - - - - Construction- - 200,000 - - - - - - 200,000 Total Expenditures:- 45,000 200,000 - - - - - - 245,000 TIP# R-12Description:This project will implement the improvements identified within the 2022 focus area, following data collection and analysis and community engagement. The 2022 project area is the neighborhood located between 21st St SE from M St SE to R St SE and 33rd St SE between M St SE and R St SE. Progress Summary:Focus area selection, study, outreach, and preliminary design underway in 2022. Construction anticipated in 2023. $200k shown in 2023 is anticipated carry forward of 2022 ARPA funds. Future Impact on Operating Budget:The traffic calming program will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost Page 253 of 282 City of Auburn Transportation Improvement Program Roadway Projects 72 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Regional Growth Center Access ImprovementsSTIP# AUB-N/AProject No:CP2110CFPProject Type:CapacityProject Manager:Seth WickstromLOS Corridor ID# 2Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Secured Grant (Sound Transit)64,682 260,318 1,300,000 - - - - - - 1,625,000 Traffic Impact Fees16,170 168,830 1,385,000 - - - - - - 1,570,000 Other (Private Development)- - - - - - - - - - Total Funding Sources:80,852 429,148 2,685,000 - - - - - - 3,195,000 Capital Expenditures:Design80,852 329,148 - - - - - - - 410,000 Right of Way- 100,000 - - - - - - - 100,000 Construction- - 2,685,000 - - - - - - 2,685,000 Total Expenditures:80,852 429,148 2,685,000 - - - - - - 3,195,000 TIP# R-16Description:The project will construct a northbound left-turn lane and a northbound/southbound crosswalk at the 3rd Street NE/Auburn Avenue intersection, and realign the 4th Street NE/Auburn Way N intersection to eliminate the split phase signal operation improving circulation and access. The project will improve traffic operations, safety, and circulation for both vehicles and non-motorized users.Progress Summary:Grant funding for the design and construction phases was awarded from Sound Transit in 2019. The design phase of the project has been initiated, and is currently underway.Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $500.BudgetForecast Project Costs Page 254 of 282 City of Auburn Transportation Improvement Program Roadway Projects 73 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: E Valley Highway WideningSTIP# AUB-N/AProject No:TBDCFPProject Type:CapacityProject Manager:TBDLOS Corridor ID# 10Activity:2022 YETotal ProjectFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - 1,050,000 - 4,500,000 - - 5,550,000 Traffic Impact Fees- - - - 350,000 500,000 2,900,000 - - 3,750,000 Other (Developer)- - - - - - - - - - Total Funding Sources:- - - - 1,400,000 500,000 7,400,000 - - 9,300,000 Capital Expenditures:Design- - - - 1,400,000 - - - - 1,400,000 Right of Way- - - - - 500,000 - - - 500,000 Construction- - - - - - 7,400,000 - - 7,400,000 Total Expenditures:- - - - 1,400,000 500,000 7,400,000 - - 9,300,000 TIP# R-26Description:This project will widen E Valley Highway between Lakeland Hills Way and Terrace View Drive SE, approximately 0.6 miles. The roadway will have a four/five lane cross section with a trail connection along the east side. Other project elements include storm improvement, illumination and ITS. The project will provide congestion relief along the corridor and provide access for non-motorized users.Progress Summary:Grant funding for the design phase of the project is is being applied for in 2022.Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $2,500.BudgetForecast Project Cost Page 255 of 282 City of Auburn Transportation Improvement Program Roadway Projects 74 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Garden Avenue RealignmentSTIP# AUB-N/AProject No:CP2022Project Type:Safety, CapacityProject Manager:Kim TruongLOS Corridor ID# 19Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees85,652 160,000 704,348 - - - - - - 950,000 Other- - - - - - - - - - Total Funding Sources:85,652 160,000 704,348 - - - - - - 950,000 Capital Expenditures:Design85,652 85,000 - - - - - - - 170,652 Right of Way- 75,000 - - - - - - 75,000 Construction- - 704,348 - - - - - - 704,348 Total Expenditures:85,652 160,000 704,348 - - - - - - 950,000 TIP# R-27Description:The project will construct a new east/west connection between Garden Avenue and 104th Avenue SE, and will cul-de-sac Garden Avenue to the north of 8th Street NE. This will improve traffic operations and safety along 8th Street NE.Progress Summary:The previous project title (Lea Hill Rd Segment 1A) was updated based on recommendations from the Lea Hill Corridor Study in 2020. In 2016, a parcel at the intersection of Garden Avenue and 320th/8th Street was purchased for the project. In 2016, right-of-way was dedicated for a portion of the new east/west roadway as part of an adjacent development project. During 2022 the design phase and ROW acquisition are anticipated to be completed.Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $1,000.BudgetForecast Project CostPage 256 of 282 City of Auburn Transportation Improvement Program Roadway Projects 75 Page 257 of 282 City of Auburn Transportation Improvement Program Preliminary Engineering and Miscellaneous Projects 76 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: S 277th St Corridor Capacity and Non-Motorized Trail Improvements - Env. MonitoringSTIP# N/AProject No:CP1821Project Type:Environmental MonitoringProject Manager:Tim CarlawLOS Corridor ID# 15Activity:2022 YEFunding Sources:Prior to 2022Estimate202320242025202620272028Beyond 2028Total Project CostUnrestricted Street Revenue- - - - - - - - - - Unsecured Grant- - - - - - - - - - Traffic Impact Fees17,213 20,000 75,000 75,000 20,000 20,000 20,000 20,000 20,000 287,213 Wetland Mitigation Fee (124)- - 73,000 - - - - - - 73,000 Total Funding Sources:17,213 20,000 148,000 75,000 20,000 20,000 20,000 20,000 20,000 360,213 Capital Expenditures:Design- - - - - - - - - - Right of Way- - - - - - - - - - Construction- - - - - - - - - - Monitoring17,213 20,000 148,000 75,000 20,000 20,000 20,000 20,000 20,000 360,213 Total Expenditures:17,213 20,000 148,000 75,000 20,000 20,000 20,000 20,000 20,000 360,213 TIP# S-2Description:This project will complete the environmental monitoring requirements related to the S 277th St corridor widening project between Auburn Way North and l St NE.Progress Summary:The 10 year monitoring period began in 2018 after final completion of the construction phase, and will continue through 2028.Future Impact on Operating Budget:N/ABudgetForecast Project Cost Page 258 of 282 City of Auburn Transportation Improvement Program Preliminary Engineering and Miscellaneous Projects 77 Page 259 of 282 City of Auburn 2023-2028 Transportation Improvement Program Summary Project Number TIP #Project Title Grant Status Prior to 2023 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project Cost cp1927 I-1 Auburn Way N/1st Street NE Signal Replacement N/A 1,396,158 50,000 - - - - - - 1,446,158 Various I-2 Annual Traffic Signal Improvements N/A 100,000 180,000 185,000 190,000 195,000 200,000 205,000 - 1,255,000 cp1912 I-3 ITS Dynamic Message Signs N/A 784,021 - - - 35,000 225,000 - - 1,044,021 Various I-4 Street Lighting Improvement Program N/A 50,000 50,000 50,000 50,000 50,000 50,000 50,000 - 350,000 cp0611 I-5 Harvey Rd NE/8th St NE Intersection Improvements N/A 1,316,472 82,794 82,382 81,990 81,589 81,187 80,785 - 1,807,199 cpxxxx I-6 Lea Hill Rd/112th Ave SE Roundabout Unsecured - - - - - 350,000 420,000 4,400,000 5,170,000 cpxxxx I-7 Auburn Avenue/E Main Street Signal Replacement N/A - - - - 200,000 900,000 - - 1,100,000 cpxxxx I-8 R St SE/29th St SE Intersection Improvements N/A 1,350,000 250,000 4,000,000 - - - - - 5,600,000 cpxxxx I-9 Lea Hill ITS Expansion N/A - - 100,000 500,000 - - - - 600,000 cpxxxx I-10 R St SE/21st St SE Intersection Improvements Unsecured - 185,000 115,000 1,367,451 - - - - 1,667,451 cpxxxx I-11 Auburn Way S/6th St SE Intersection Improvements Unsecured - 414,000 21,000 1,569,000 - - - - 2,004,000 cpxxxx I-12 Lea Hill Rd/104th Ave SE Roundabout Unsecured - - - 560,000 2,515,000 - - - 3,075,000 cpxxxx I-13 SE 304th St/132nd Ave SE Roundabout N/A - 250,000 50,000 1,200,000 - - - - 1,500,000 cpxxxx I-14 Downtown Decorative LED Conversion N/A 165,000 7,000 - - - - - - 172,000 cpxxxx I-15 10th St NW/A St NW Intersection Improvements N/A 250,000 1,015,000 - - - - - - 1,265,000 cpxxxx I-16 15th St NW/SR 167 NB Ramps N/A 50,000 - - - 75,000 1,525,000 - - 1,650,000 cpxxxx I-17 Neighborhood Streetlighting Program N/A 100,000 400,000 - - - - - - 500,000 Various N-1 Non-Motorized Safety Program N/A 150,000 150,000 150,000 150,000 150,000 150,000 150,000 - 1,050,000 Various N-2 Sidewalk Repair and Accessibility Program N/A 50,000 1,007,000 50,000 255,000 260,000 265,000 270,000 - 2,157,000 N/A N-3 10th St NE Non-Motorized Improvements Unsecured - 187,000 5,000 1,359,000 - - - - 1,551,000 N/A N-4 Transit Partnership Routes N/A 185,000 190,000 195,000 200,000 205,000 210,000 215,000 - 1,400,000 cpxxxx N-5 Regional Growth Center Pedestrian Improvements Unsecured - - - 100,000 525,000 - - - 625,000 cpxxxx N-6 Auburn Station Access Improvements N/A - 125,000 - - - - - - 125,000 cpxxxx N-7 Auburn Way S - Southside Sidewalk Improvements Secured 95,000 750,000 - - - - - - 845,000 cpxxxx N-8 Evergreen Heights Elementary Sidewalks Unsecured - 71,500 1,050,500 - - - - - 1,122,000 cpxxxx N-9 Riverwalk Drive Non-Motorized Improvements Secured 396,354 1,303,646 - - - - - - 1,700,000 cpxxxx N-10 Pedestrian Crossing Enhancements Unsecured - 80,000 560,000 - - - - - 640,000 cpxxxx N-11 Lea Hill Safe Routes to Schools Unsecured - 85,000 1,043,000 - - - - - 1,128,000 cpxxxx N-12 37th St SE Safe Routes to Schools Unsecured - 86,500 448,500 - - - - - 535,000 cp2119 N-13 2022 Arterial Pedestrian and Bike Safety Project N/A 405,000 10,000 - - - - - - 415,000 cp2131 N-14 2022 Sidewalk and ADA Improvement Project N/A 370,000 10,000 - - - - - - 380,000 Various P-1 Arterial Street Preservation Program N/A 540,000 250,000 1,465,644 2,674,000 3,120,000 4,900,000 4,850,000 - 17,799,644 Various P-2 Local Streets Preservation Program N/A 150,000 450,000 1,600,000 1,950,000 1,950,000 1,950,000 1,950,000 - 10,000,000 cp2003 P-3 2nd Street SE Preservation Secured 1,071,278 10,000 - - - - - - 1,081,278 Various P-4 Bridge Deck Preservation Program N/A 100,000 100,000 100,000 100,000 100,000 100,000 100,000 - 700,000 Various P-5 Bridge Structure Preservation Program N/A 50,000 - 50,000 - 50,000 - 50,000 - 200,000 cpxxxx P-6 Lake Tapps Pkwy/Sumner-Tapps Pkwy E Preservation Secured 25,000 150,000 1,284,356 - - - - - 1,459,356 cpxxxx P-7 C Street SW Preservation (GSA Signal to Ellingson Rd SE) Unsecured - - 198,000 28,000 1,730,000 - - - 1,956,000 cp2125 P-8 D St SE and 23rd St SE Storm Improvements Unsecured 50,000 85,000 350,000 - - - - - 485,000 cpxxxx P-10 A St SE Preservation (37th St SE to Lakeland Hills Way) Unsecured - 197,000 27,000 1,810,000 - - - - 2,034,000 cpxxxx P-11 C Street SW Preservation (W Main St to GSA Signal) Secured 125,000 2,236,544 - - - - - - 2,361,544 cp2006 P-14 4th Street SE Preservation (AWS to L St SE) Secured 2,934,835 50,000 - - - - - - 2,984,835 cpxxxx P-15 2023 Arterial Preservation Project N/A 50,000 378,456 - - - - - - 428,456 cpxxxx P-16 2023 Local Street Preservation Project N/A 560,000 1,500,000 - - - - - - 2,060,000 Various R-1 Neighborhood Traffic Calming Program N/A 25,000 250,000 250,000 250,000 250,000 250,000 250,000 - 1,525,000 N/A R-2 Stewart Road - City of Sumner N/A - - 150,000 - - - - - 150,000 c201a0 R-3 M Street Underpass N/A 20,069,034 122,550 122,258 121,965 121,673 121,380 121,088 1,547,527 22,347,475 cp2117 R-4 A Street Loop Secured 400,000 1,532,000 - - - - - - 1,932,000 cpxxxx R-5 A St NW, Phase 2 (W Main St to 3rd St NW) Unsecured 150,000 - 350,000 2,650,000 - - - - 3,150,000 cp1622 R-6 Auburn Way S Widening (Hemlock St SE to Poplar St SE)Secured 2,300,000 400,000 4,000,000 3,000,000 - - - - 9,700,000 cpxxxx R-7 M St NE Widening (E Main St to 4th St NE) N/A 375,000 250,000 2,900,000 - - - - - 3,525,000 cpxxxx R-8 49th St NE (Auburn Way N to I St NE) N/A 61,000 74,000 892,000 - - - - - 1,027,000 cpxxxx R-9 46th Place S Improvements N/A - - - 250,000 250,000 750,000 - - 1,250,000 cp2112 R-10 High Friction Surface Treatment Secured 794,200 10,000 - - - - - - 804,200 cpxxxx R-11 124th Ave SE Widening (SE 312th St to SE 318th St) N/A - - - - 400,000 1,100,000 2,500,000 - 4,000,000 cpxxxx R-12 2022 Neighborhood Traffic Calming N/A 45,000 200,000 - - - - - - 245,000 cp2110 R-16 Regional Growth Center Access Improvements Secured 510,000 2,685,000 - - - - - - 3,195,000 cpxxxx R-26 E Valley Hwy Widening Unsecured - - - 1,400,000 500,000 7,400,000 - - 9,300,000 cp2022 R-27 Garden Avenue Realignment N/A 245,652 704,348 - - - - - - 950,000 cp1821 S-2 S 277th St Monitoring N/A 37,213 148,000 75,000 20,000 20,000 20,000 20,000 20,000 360,213 Total 37,881,217 18,722,338 21,919,640 21,836,406 12,783,262 20,547,567 11,231,873 5,967,527 150,889,830 Appendix A Page 260 of 282 È !o EDGEWOOD SUMNER PACIFIC KENT PIERCE COUNTY KING COUNTY ALGONA LAKE TAPPS THEOUTLET COLLECTION TS167 TS167 TS18 TS1856THAVES SE 320TH ST F ST SES297THPL L ST SE112THAVESEMONTEVISTADRSES 288TH ST SE 299TH ST SE 288TH ST SE 318THWAY 144THAVESE14TH ST NE 65T HAVESM ST NED ST SW108THAVESEF ST NESE315THPL 17TH ST SE M ST SE37TH ST SECPLSE 52NDSTNE B ST SESE 290TH ST 12TH ST SE FSTSESE299THST 18THSTNE R ST NE55THAVES111TH PL SE127THPL SEASTSW46 THPL S FORESTRID G E DR S EB ST SETSTSE6THSTNE D ST SE4THSTSE 63RD PLSE8TH ST SE 26TH ST NE SE295THST ALPINESTSE12 9TH PLSES296THPL 55TH CTSE S300THPL 31STSTNE ORCHARDSTSE 51STSTNE 56THAVES25TH ST SE SE306THST ELIZABETHAVESE20THSTNE ELMSTSESE323RDST 116THAVESE61STAVESNATHANAVESET ST NE114THAVESEMD RNE51ST S TSE 61STST SE 118THPLSESE296THWAY MILLPONDDRSEPI KE S TNES 292ND ST 110THAVESEW ST NWKSTNE28THSTNE 127THPLSE67T HSTSE 130THAVESESE 316TH ST PERRYAVE SE33RDSTSE 66THSTSE 50 THSTS EACADEMYDRSE12TH ST SE 59T HSTSE SE 296TH ST GSTSEF ST SEGPLSE4THSTNE DSTSE26TH ST SE 72NDSTSE 22NDSTSE BENNETTAVESEHEMLOCK ST SE32ND ST NE S 292ND ST 59THAVES116THAVESEELM LN SE 112THPLSE114THPLSES 296TH ST K ST SE53RD ST SE 73RD ST SE 63RD PL SE 10TH ST SE SE 321STPL 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ST SE 2ND ST NE S324THST KSTNE7TH ST NE 2ND ST E 12TH ST NE 64THSTSEK ST SE17TH ST SE 1ST ST SW TH O MASAVESEV ST SELSTSETSTNWSE299THPL V ST SE43RDSTNE 49THST NE 58T H AV E S33RDSTSE107THAV E S EOSTNEI ST NE14THSTSE SE300THWAY G ST SES DIVISION ST33RDSTSED ST SED ST NW1ST ST NE S 296TH ST ISAACAVESEK ST NE6TH ST SE 26THSTNE 7TH ST NE 62ND LOOPSE H AZELAVESEISTSE2ND ST SE 108TH AVESE10THSTNE E ST SESE307THPL G ST SW1STST NES 331STST BRIDGETAVESEE MAIN ST 55TH ST SEC ST SE108THAVESE31ST ST SE S310THST SE 288TH ST DOGWOODDRSE117THPLSESE295THST E ST NE35THWA YSE 29THST SES 31 4T H ST QUINCY A VESE20TH ST NW 7TH ST SE L ST SE118THAVESE15TH ST SEASTNE15TH ST SE 24TH STSE51STAVESAABYDRNW 17THSTSERSTNEBSTNE55THAVES 61STSTSE I PLNEESTSE49THSTNE O ST SENSTSESE308THPL 32NDSTSE 30TH ST NE D ST SEOUTLETCOLLECTIONWAYSW 8THSTSE D ST SEDPLSE E V ERGR EENWAYSE 13TH ST SE VPLSE HIGHLANDDRSE SE 286TH ST 10TH ST NE N ST SE22ND ST SE 32NDPLNE SE323RDPL 21ST ST SE 27TH ST SEUCTNW 32ND ST S E56THCTS 25TH ST SE 54THSTSE 44TH ST NW L PLSE7TH ST SE RPLNE F ST NWG ST NW53RDSTSEC ST SERSTNWH ST NWHEMLOCKDRSE63RDPLSN ST NEJ ST NEE ST SEK ST NEF ST SEB ST SEG ST SEK ST NEO ST NEPIKE ST NEH ST SEUSTSEI ST SEJ ST NEH ST NEL ST SESE 282ND ST 176THAVEEN ST NEEVERGREENWAYSES307THST T ST SE118THAVESEH ST SE5TH ST NE 5THSTNE 31ST ST SE 30THSTSEL ST NE59THAVES37THSTSE S 288TH ST 21S TCTSEZSTSES302NDST 65THAVESRPLS E56THAVESSE 297TH ST SE28 8THST SE300THST 18TH ST SE SE 286TH PL 46THAVES S298THPL S324THST OUT LETCOLLECTIONDRS WBPLNW 55THSTSE 21STSTSECSTNE4THSTSW SE 294TH ST 112TH PL SE42ND ST NE S 302ND PL SE 292ND ST 54THAVES120THPLSE56TH AV E S WSTNWSE282NDST 107THPLSEE ST NES319THST 57T HPLSE19THSTSE SE43RDST 30TH ST NW S 303RD ST SE 297TH ST S303RDPL SE307THST HAZEL LOOPSEHSTNESE 284TH ST ALPIN EDRSE22ND ST NW SE 281ST ST SE 290TH PL SE 42ND ST STUA RT P LSEORAVETZPLSE 28TH ST SE 167TH AVEETERRACEVIEWLNSEWARDAVESE45 TH ST NE J ST SE68THLOOPS E6TH ST NW S312THS T 57TH ST SE NO BL ECTSEASTE SE289THST SE 285TH ST 140THAVESEELIZA BETHLOOPSE42ND ST NE S292ND ST SE286THST 22NDWAY NE69TH ST S E 20TH ST SE SE 294TH ST 118THAVESE47TH ST S E 23RD ST SE 51STSTSE SE 294TH PL V ST NW FRA NCI SLOOPSEDOGWOODLNSEWESTERNAVENW17TH ST NE 16TH ST NE 109THAVESESE 286TH ST PEARLAVESESE 3 26TH PL S 318TH ST G ST SEF ST SEH ST SEPIKE ST NW142NDAVESERANDALLAVESE22ND ST SE23RD ST SE 24TH ST SE 104T H P L S E25TH ST SE HEATHERAVESE148THAVESE42ND ST NW 85THAVESHICRESTDR NWLUND RD SW21STSTNE 36THST S E SE312TH WAY102NDAVESESE 295TH ST 37THPL SE29TH ST NW GREENRI VE RRDSE SE 301ST ST 54THAVESSE287THST 47TH ST SE SE 284TH ST 10 5T HPLSE PERIMETERRDSWU ST NW H O WA R DRDSEI ST NWC ST NES 287TH ST CLAY ST NWFOSTERAVESEFRONTAGE RDMOUNTAINVIE WDRSWEASTBLVDM ST NWPACIFICAVES41ST S TSE JOH N REDDINGTONRDNESTUCKRIVERDRSE R-8 R-7 R-9 R-3 R-6 R-11 AUBURNWAYS 132NDAVESE8TH ST NE WESTVALLEYHWYSAUBURNWAYNSUMNER-TA P PSHWYEM ST SEH A R V E Y R D N E E MAIN ST ASTSER ST SEAuburnAveISTNE112THAVESECSTSW17THSTSE 112THAVESEC ST SWEAST VALLEY HWY E4TH ST SE SE281STST ASTNE15TH STNW T ERRACEDRNWWMAINST R ST SES 316TH ST 37THSTNE 29TH ST SEB ST NWSE 304TH ST LAKETAPPS PK W Y S E S 277TH ST 124THAVESEASTSESE 312TH ST51STAVES RIVERW ALK DRSE LAKELANDHILLSWAYSE15TH ST SW 37THSTNW SE 304TH ST WESTVALLEYHWYNC ST NWBOUNDARYBLVDSW MSTNESE 320TH STLEAHILLRDSE 15TH ST NE 124THAVESES E 304THST 41ST ST SE SE304THW A Y DSTNEASTNWAUBURN-BLACKDIAMONDRDSE KE R S E YWA Y S EORAVETZRDSEDSTNWPEASLEY CANYONRDS RON CROCKETT DR NW104THAVESEP-8 P-3 P-14 P-6 P-10 P-7 P-11 S-2 12TH ST E182NDAVEES272NDWAYMILITARYRDS 16TH ST E A U B U R N -B LA CKDIAMONDRDSE9THSTE 214THAVEEMILITARY RD SS 288TH ST SUMNER-TAPPSHWYEFORESTCANYONRD EMILITARYRDS 21 0 T HA VEEA U B URN- E N U MCL AWRDS WESTVAL L E Y HWYS142NDAVEEJOVITA B LV D E 108THAVESES 277TH ST 116THAVESEWEST VALLEY HWY NWS 328THST PACIFICAVES132NDAVESE124THAVESESE 272ND ST S 272ND ST 24TH ST E EASTVALLEYHWYSTEWART RD SE SE 272ND ST SEKEN T-K A N GLEYRD ELLINGSON RD SW STEWARTRD SW 8THSTE SE 2 7 4 TH ST WESTVALLEYHWYCENTRALAVESVALENTINEAVESE68THAVES38THAVESWESTVALLEYHWYSPACIFICAVES136THAVEE140THAVEEWESTVALLEYHWYESE 274TH S T I-15 I-11 I-7 I-5 I-8 I-6 I-13 I-12 I-6 I-10 I-16 N-5 N-12 N-6 N-8 N-9 N-11 N-3 N-7 Information shown is for general reference purposesonly and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. ¬Map ID: 6174Printed On: 6/10/2022 City of Auburn 2023 - 2028 Transportation Improvement Program (TIP) 0 1,100 2,200 3,300 4,400 5,500 FEETCity of Auburn Parks Water Features 2ND ST SEDSTSWASTSWASTNEB ST NETRANSITRD SWBSTNWB ST SW5THSTNE 2NDSTNE 1ST ST SW1ST ST SW 2ND ST SW N DIVISION ST3RDSTNW 2NDSTNW 1ST ST NE 4TH ST NE 3RD ST NE D ST NE2ND ST NE 1ST ST NE BSTNE1ST ST SW 1ST ST NW 1ST ST SE ASTSWSDIVISIONSTD ST NW3RD ST NE 4THSTSW ASTNE1ST ST NE 2ND ST NE D ST SEE ST SEPARKAVENE R-4 R-16 R-5 4TH ST SE E MAIN ST AUBURN WAY SASTNWASTSEAuburnAve3RDSTSWCSTSW 3RD ST NE W MAIN ST AUBURN WAY NASTNW3RD ST NWCSTNW CROSS S T S ECSTSW P-14 P-3P-11 I-7 N-5 N-6 Intersection and ITS Improvements Non-Motorized/Transit Improvements Prelim Eng and Misc Improvements Preservation Roadway Improvements R-27 R-26 I-1 Page 261 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5672 (Caillier) Date: June 14, 2022 Department: Police Attachments: Resolution No. 5672 Contract Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to adopt Resolution No. 5672. Background for Motion: In 2015, the Auburn Police Department purchased a firearm (Glock 19, serial #YHC-927) for department use and assigned it to Det. Rob Jones. With Det. Jones’s upcoming retirement from APD, the firearm is no longer needed by the Department, which has sufficient firearms to properly equip the department. APD wishes to transfer ownership of the firearm to local firearms dealer Rainier Arms, who has agreed to provide the City with the firearm’s fair market value in exchange. The firearm’s fair market value given its make, model and age is $325. This firearm transfer transaction is authorized under state and federal law. The City supports the adoption of Resolution 5672. Background Summary: In 2015, the Auburn Police Department purchased a firearm (Glock 19, serial #YHC-927) for department use and assigned it to Det. Rob Jones. With Det. Jones’s upcoming retirement from APD, the firearm is no longer needed by the Department, which has sufficient firearms to properly equip the department. APD wishes to transfer ownership of the firearm to local firearms dealer Rainier Arms, who has agreed to provide the City with the firearm’s fair market value in exchange. The firearm’s fair market value given its make, model and age is $325. This firearm transfer transaction is authorized under state and federal law. The City supports the adoption of Resolution 5672. Reviewed by Council Committees: Councilmember:Jeyaraj Staff:Caillier Meeting Date:June 21, 2022 Item Number:RES.B Page 262 of 282 ----------------------------- Resolution No. 5672 June 14, 2022 Page 1 of 2 RESOLUTION NO. 5672 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING AN AUBURN POLICE DEPARTMENT FIREARM AS SURPLUS PROPERTY AND APPROVING ITS TRANSFER TO RAINIER ARMS, LLC WHEREAS, in 2015 the Auburn Police Department (APD) purchased a 4th generation Glock-19 firearm (serial number YHC-927, “firearm”) for use in its operations and assigned it to Detective Rob Jones; WHEREAS, Det. Jones is retiring and separating from APD, leaving the firearm with APD; WHEREAS, APD no longer needs the firearm for its operations. APD has sufficient firearms to properly equip its officers and the department; WHEREAS, Rainier Arms, LLC (Rainier) is a licensed firearm dealer in Auburn. Rainier desires to receive the firearm from APD, and APD desires to transfer ownership of the firearm to Rainier; WHEREAS, APD and Rainier have agreed that Rainier will pay the City $325 for the firearm transfer, which reflects the firearm’s fair market value based on its make, model, condition and depreciation; WHEREAS, APD, Rainier and their respective employees and agents are legally eligible to possess, transfer and/or receive firearms under Washington and Federal law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Page 263 of 282 ----------------------------- Resolution No. 5672 June 14, 2022 Page 2 of 2 Section 1. The APD 4th generation Glock-19 firearm, serial number YHC- 927, is declared surplus property to APD. APD is accordingly authorized to transfer ownership of the firearm to Rainier in exchange for its fair market value of $325. 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. Dated and Signed this _____ day of _________, 2022. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Page 264 of 282 Page 265 of 282 Page 266 of 282 Page 267 of 282 Page 268 of 282 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5673 (Comeau/Gaub/Tate) Date: June 15, 2022 Department: Legal/Public Works/Community Development Attachments: Resolution No. 5673 Exhibit A Resolution No. 5673 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to adopt Resolution No. 5673. Background for Motion: This Resolution provides City staff with the authority to complete the Notice of Intention Information Packet required by the Boundary Review Board consistent with Chapter 36.93 RCW. Background Summary: Auburn City staff have previously briefed City Council on January 10 and April 18, 2022, regarding the discussions between the City of Kent and the City of Auburn involving the Bridges, which is located within the corporate boundaries of Kent, but surrounded entirely by the City of Auburn. Over the years, community members have expressed an interest in the de-annexation by Kent, and annexation by Auburn. The completion of this administrative packet will allow the Boundary Review Board to begin its process, which may be anywhere between 45 and 120 days, and which serves to inform stakeholders of a potential annexation. During the review time, the cities will work together to engage in outreach efforts to explore community interest in de-annexation of the Bridges from Kent and annexation to Auburn with the results to be reported back to the City Council in the fall of 2022. Additionally, the cities of Auburn and Kent will continue to work together to ensure that the Bridges infrastructure meets appropriate regulatory requirements and maintenance standards, including the undeveloped portions of the property. This is not a final annexation action. Reviewed by Council Committees: Councilmember:Stearns Staff:(Comeau/Gaub/Tate) Meeting Date:June 21, 2022 Item Number:RES.C Page 269 of 282 -------------------------------- Resolution No. 5673 June 14, 2022 Page 1 of 3 Rev. 2019 RESOLUTION NO. 5673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING STAFF TO PREPARE AND FILE A NOTICE OF INTENTION WITH THE KING COUNTY BOUNDARY REVIEW BOARD. WHEREAS, the cities of Auburn and Kent continue to, Consistent with Resolution No. 2038, explore community interest in the de-annexation of the neighborhood known as the “Bridges” (hereinafter “Property”) from the City of Kent and its annexation into the City of Auburn under the annexation process provided for in RCW 35.10.217(2); and WHEREAS, annexation does not formally commence until the City of Kent adopts a resolution declaring the city’s intention to de-annex the Property and the City of Auburn adopts a resolution declaring its intention to annex the Property. Once one resolution is adopted, the other city finalizes the annexation by adopting its own resolution concurring in the annexation. However, before any concurring resolution may be adopted, the cities must file a Notice of Intention with the King County Boundary Review Board (“Board”) and obtain the Board’s administrative approval of both the de-annexation of the Property from Kent and its annexation to Auburn; and WHEREAS, the Board’s administrative review may take anywhere between 45 and 120 days, though the Board and cities may agree to extend the Board’s review period if such extension is needed; and WHEREAS, obtaining the Board’s administrative review does not change the deannexation/annexation process. The Property will only be de-annexed from the City of Kent and annexed to the City of Auburn if both legislative bodies adopt the necessary future resolutions required under RCW 35.10.217(2). Instead, the Board’s review will help Page 270 of 282 -------------------------------- Resolution No. 5673 June 14, 2022 Page 2 of 3 Rev. 2019 inform the cities’ decisions and allow consideration of any additional issues raised by the Board that may need to be addressed as part of the formal annexation process; and WHEREAS, the cities will continue to conduct joint outreach efforts to explore community interest in de-annexation of the Property from Kent and annexation to Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The above recitals shall constitute findings of the Auburn City Council. Section 2. The Mayor is authorized to take all action required to prepare and file a Notice of Intention with the Board, including coordinating preparation of a joint Notice of Intention with the City of Kent. The Notice will request that the Board administratively approve the de-annexation of the Property from the City of Kent and the annexation of the Property to the City of Auburn. Section 3. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation, including to conduct community outreach to explore community interest in de-annexation of the Property from Kent and annexation to Auburn. Section 4. The Mayor is authorized to direct City staff to complete a Notice of Intention Information Packet, substantially similar to Exhibit A, either on behalf of the City of Auburn or jointly with the City of Kent and to submit such information to the Boundary Review Board. Page 271 of 282 -------------------------------- Resolution No. 5673 June 14, 2022 Page 3 of 3 Rev. 2019 Section 5. 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 Page 272 of 282 July 22, 2013 SUBJECT: Notice of Intention Information Packet Dear In response to your recent request, we are enclosing a current Notice of Intention Information Packet for submittals to the Boundary Review Board. This packet includes:  A Notice of Intention packet for new city incorporations and/or  A Notice of Intention packet for annexations, mergers, assumptions, extensions, and similar actions If you have questions about the Notice of Intention Information Packet or you would like additional information, please contact our office at 206-477-0635. Sincerely, Lenora Blauman Executive Secretary Page 273 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 2 NOTICE OF INTENTION FORMAT (Annexations, Mergers, Consolidations, Extensions of Service Outside Corporate Boundaries, and all other actions except Incorporations and Formations) Revised and Adopted July 2013 As prescribed by Chapter 36.93 RCW, a legally complete Notice of Intention to the Boundary Review Board shall be provided for the following proposed actions:  Creation, incorporation, or change in the boundary, other than a consolidation, of any city, town, or special purpose district;  Consolidation of special purpose districts, but not including consolidation of cities and towns;  Dissolution or disincorporation of any city, town, or special purpose district, except that a board may not review the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the provisions of chapter 36.96 RCW: PROVIDED, That the change in the boundary of a city or town arising from the annexation of contiguous city or town owned property held for a public purpose shall be exempted from the requirements of this section;  The assumption by any city or town of all or part of the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town;  The establishment of or change in the boundaries of a mutual water and sewer system or separate sewer system by a water-sewer district pursuant to RCW 57.08.065 or RCW 57.40  The extension of permanent water or sewer service outside of its existing service area by a city, town, or special purpose district. The service area of a city, town, or special purpose district shall include all of the area within its corporate boundaries plus, (a) for extensions of water service, the area outside of the corporate boundaries which it is designated to serve pursuant to a coordinated water system plan approved in accordance with RCW 70.116.050; and (b) for extensions of sewer service, the area outside of the corporate boundaries which it is designated to serve pursuant to a comprehensive sewerage plan approved in accordance with chapter 36.94 RCW and RCW 90.48.110. A legally complete Notice of Intention to the Boundary Review Board shall include the documentation outlined in the Notice of Intention Format Instructions herein, along with the $50 filing fee required by state law (RCW 36.93.120).  One original Notice of Intention is required to be provided in a single-sided format, assembled together and all on 8 1/2 by 11 inch paper.  Six copies of the Notice of Intention are required, assembled together in six complete sets and all on 8 1/2 by 11 inch paper. Items submitted should be numbered in accordance with this format. Please provide the name, title, and address of one person to whom notices, processes and other communications regarding this proposal should be directed. This person will assume the responsibility of distributing appropriate copies to all of initiator's interested parties. I. ADVANCE COURTESY NOTIFICATION In order to ensure that the Boundary Review Board will have adequate notification of a pending Notice of Intention, and in order for the Board to adequately inform stakeholders (e.g., government officials, community groups) of a pending Notice of Intention, the Boundary Review Board requests Page 274 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 3 that all jurisdictions provide to the Board Advance Courtesy Notification of a pending action. This Advance Courtesy Notification package should include the following materials: A. A Letter of Intent to propose an action (e.g., annexation, assumption, merger). The letter should provide a brief description of the proposed action. B. A preliminary Legal Description (document must be certified and stamped by a licensed surveyor or engineer) C. A preliminary site Map/Vicinity Map II. BACKGROUND INFORMATION/MAPS A. Basic Information 1. A brief description of and reason for seeking the proposed action. Include a statement of the method used to initiate the proposed action (i.e., petition or election method), and the complete RCW designation. 2. A signed and certified copy of the action accepting the proposal as officially passed. Important: Please see NOTES on Page 8. 3. Certification of any petitions for municipal annexation, as required by state law (RCW 35A.01.040 (4). 4. A copy of the State Environmental Policy Act (SEPA) Determination and current SEPA checklist with adequate explanations to answers, including Section D, Government Non- project Actions, when applicable, or Environmental Impact Statement (EIS) if prepared. (Not required for city annexations, which are exempt from SEPA) 5. The legal description of the boundaries of the area involved in the proposed action. This must be legible, on a separate page from any other document, and in a form capable of reproduction by standard photocopiers. Important: Please see NOTES on Page 8. B. Maps: Important: Please see NOTES on Page 8. 1. Two copies or sets of King County Assessor’s maps (only two rather than six copies in case of assessor’s maps) on which the boundary of the area involved in the proposal must be clearly indicated. 2. Vicinity map(s) no larger than 8 1/2 x 11 inches displaying: a. The boundary of the area involved in the proposal. b. The entity corporate limits in relationship to the proposal. i. Major physical features such as bodies of water, major streets and highways. ii. The boundaries of all cities or special purpose districts (to include, if applicable, any water, sewer, fire, school, hospital or library district) having jurisdiction in or near the proposal. Include all utility districts whose comprehensive plans include all or any part of the proposal, even if only in a planning area. c. Surrounding streets must be clearly identified and labeled. d. County and municipal urban growth area boundaries established or proposed under the Growth Management Act (GMA). Page 275 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 4 e. If a boundary service agreement has been formalized between two or more jurisdictions, that service line should be shown with the appropriate entity noted in each service area. f. Tax lot(s) that will be divided by the proposed boundaries should be shown on an attached detailed map. 3. A map of the current corporate limits of the filing entity upon which the proposal has been delineated. Important: Please see NOTES (Page 8). III. EVALUATION CRITERIA Entities should respond to the following elements regarding this proposal with sufficient information to permit appropriate responses to the Board from staff of either the King County Council or King County Executive. These elements relate to the factors the Board must consider as outlined in RCW 36.93.170 (attached). A. Overview 1. Population of proposal; what percentage is that to existing entity? 2. Territory (number of acres) 3. Population density 4. Assessed valuation B. Land Use 1. Existing 2. Proposed: immediate or long-range C. State Growth Management Act 1. Is the proposed action in conformance with the Growth Management Act (GMA)? What specific policies apply to this proposal? 2. King County Comprehensive Plan/Ordinances a) How does County planning under the Growth Management Act (GMA) relate to this proposal? b) What King County Comprehensive Plan policies specifically support this proposal? Note: Notices of Intention for Municipal actions should reference, at a minimum, relevant policies from the following King County Comprehensive Plan Chapters: Chapter 1 - Regional Planning; Chapter 2 - Urban Communities (Section I; Section II); Chapter 7 - Utilities and Facilities. Notices of Intention for Special Purpose District actions should reference, at a minimum, relevant policies from the following King County Comprehensive Plan Chapters: Chapter 1 - Regional Planning; Chapter 2 - Urban Communities (Section I; Section II); Chapter 7 - Utilities and Facilities. c) What King County/Countywide Planning Policies specifically support this proposal? Note: Notices of Intention for Municipal actions should reference, at a minimum, relevant policies from the following King County/Countywide Policies Chapters: Chapter II - Critical Areas; Chapter III Land Use Patterns; Chapter IV - Transportation; Chapter V Section D - Community Character and Open Space; and Chapter VII - Contiguous Orderly Development and Provision of Urban Services. Page 276 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 5 Notices of Intention for Special Purpose District actions should reference, at a minimum, relevant policies from the following King County/Countywide Policies Chapters: Chapter II - Critical Areas; Chapter III - Land Use Patterns; and Chapter VII - Contiguous Orderly Development and Provision of Urban Services. d) What is the adopted plan classification/zoning? (Please include number of lots permitted under this classification.) e) Will city regulation(s) supplant King County regulations for the protection of sensitive areas, preservation of agricultural or other resource lands, preservation of landmarks or landmark districts, or surface water control? If so, describe the city regulations and how they compare to the County regulations. D. Jurisdictional Comprehensive Plan/Franchise (Applies to Cities and to Special Purpose Districts) 1. How does the jurisdiction’s planning under the Growth Management Act (GMA) relate to this proposal? 2. Has the jurisdiction adopted a Potential Annexation Area (PAA) under the Growth Management Act? Have you negotiated PAA agreements with neighboring cities? 3. When was your Comprehensive Plan approved? Does this plan meet requirements set by the State of Washington? Does this plan meet requirements set by King County? 4. Is this proposal consistent with and specifically permitted in the jurisdiction’s adopted Comprehensive Plan, or will a plan amendment be required? If so, when will that amendment be completed? Note: The proponent is required to provide written confirmation that the jurisdiction’s Comprehensive Plan is current and that the Plan confirms the jurisdiction’s authority to change or create new boundaries. A proponent representing a city shall ensure that the City Comprehensive Plan is on file with the Office of the King County Executive Office of Performance, Strategy, and Budget (Karen Wolf) or shall provide a copy of the current Comprehensive Plan with the Notice of Intention. A proponent representing a Special Purpose District shall ensure that the Special Purpose District Comprehensive Plan is on file with King County Natural Resources and Parks Department or shall provide a copy of the current Comprehensive Plan with the Notice of Intention. 5. Is a franchise required to provide service to this area? If so, is the area included within your current franchise? 6. Has this area been the subject of an Interlocal Agreement? If so, please enclose a signed copy of the agreement. 7. Has this area been the subject of a pre-Annexation Zoning Agreement? If so, please enclose a signed copy of the agreement. 8. What is the proposed land use designation in your adopted Comprehensive Plan? When were your proposed zoning regulations adopted? E. Revenues/Expenditures Planning Data (please respond to only those questions which are relevant to the proposal.) 1. Estimate City expenditures 2. Estimate City revenues to be gained 3. Estimate County revenues lost 4. Estimate County expenditure reduction 5. Estimate fire district revenue lost 6. Estimate fire district expenditure reduction Page 277 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 6 F. Services Important: Please see NOTES (Page 8). State whether the territory that is the subject of this action is presently within the service area of any other political subdivision or presently being served by any other political subdivision? If so, please identify the other political subdivision. Please provide written documentation confirming that:  Notification of the proposed annexation, assumption, merger or other action has been provided to that political subdivision;  The other subdivision has completed action to approve/consent or deny approval/consent for the withdrawal of this territory;  Transfer of territory has been accomplished in accord with applicable state law (e.g., RCW 36.93, RCW 35A.14, RCW 35.14). State whether the proposed action would result in a change in any of the following services. If so, provide the following detailed information both on current service and on service following the proposed action, in order to allow for comparison. If there would be no change, name current service providers. 1. Water a) Directly or by contract? b) Storage location(s), capacity? c) Mains to serve the area (diameter; location) d) Pressure station location and measured flow e) Capacity available? f) Water source (wells, Seattle, etc.) g) Financing of proposed service (LID, ULID, Developer Extension, etc.) 2. Sewer Service a) Directly or by contract? b) Mains to service the area (diameter; location) c) Gravity or Lift Station required? d) Disposal (Metro; city or district treatment plant)? e) Capacity available? 3. Fire service a) Directly or by contract? b) Nearest station(s) c) Response time? d) Are they fully manned? How many part time and full time personnel? e) Major equipment at station location (including type and number of emergency vehicles)? f) How many fully certified EMT/D-Fib personnel do you have? g) What fire rating applies? h) Source of dispatch? Page 278 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 7 G. General 1. In case of extensions of services, has an annexation agreement been required? If so, please attach a recorded copy of this agreement. 2. Describe the topography and natural boundaries of the proposal. 3. How much growth has been projected for this area during the next ten (10) year period? What source is the basis for this projection? 4. Describe any other municipal or community services relevant to this proposal. 5. Describe briefly any delay in implementing service delivery to the area. 6. Briefly state your evaluation of the present adequacy, cost, or rates of service to the area and how you see future needs and costs increasing. Is there any other alternative source available for such service(s)? III. FACTORS and OBJECTIVES Please evaluate this proposal based upon the factors listed in RCW 36.93.170 and based upon objectives listed in RCW 36.93.180. Describe and discuss the ways in which your proposal is related to and supports (or conflicts with) each of these factors and objectives. Page 279 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 8 NOTES 1. Action documents: Action documents – ordinances or resolutions – may include a date for finalization of the annexation, merger or incorporation. When planning the date of finalization, you are encouraged to coordinate with the King County Office of Performance, Strategy and Budget. OPSB staff is responsible for providing for transfer of public services from the County to the City. It is important that OPSB have sufficient time to execute an orderly transition of services prior to finalization of the action in order to ensure protection of public health and safety. 2. Legal Description:  All Notices of Intention must conform to the requirements prescribed by RCW 36.93.150 as follows: “Review of proposed actions -- Actions and determinations of board -- Disapproval, effect. The board, upon review of any proposed action, shall take such of the following actions as it deems necessary to best carry out the intent of this chapter: (1) Approve the proposal as submitted. (2) Subject to RCW 35.02.170, modify the proposal by adjusting boundaries to add or delete territory. . . . However, a board shall remove territory in the proposed incorporation that is located outside of an urban growth area or is annexed by a city or town . . . .”  All Notices of Intention must conform to the requirements prescribed by RCW 36.93.157 as follows: “Decisions to be consistent with growth management act. The decisions of a boundary review board located in a county that is required or chooses to plan under RCW 36.70A.040 must be consistent with RCW 36.70A.020, 36.70A.110, and 36.70A.210. ”  All Notices of Intention must be based upon boundaries which conform to the Urban Growth Area Boundaries. For detailed information concerning the Urban Growth Area boundaries please see King County website.  Submittal of legal description for checking with the King County Engineer prior to filing a notice of intention can save time because errors can then be corrected at that preliminary stage to avoid delays in processing the formal Notice of Intention. For assistance in this, please call the King County Road Services Division, (206) 296-3731. 3. Services: Proposed action(s) from those entities providing both sewer and water service must state clearly whether this proposal is for water service, sewer service, or both. 4. Vicinity Map: The scale on any vicinity map must be adequate to permit anyone to locate the proposal when driving to the area. 5. In cases of overlapping governmental jurisdictions, please prepare more than one map to indicate all affected units of government. For example, a map might be required to display sewer district boundaries, and a map may display water district boundaries IF there is more than one purveyor within one-half mile of the proposal. If a proposal lies entirely within any service district, such as a school district, the map should so indicate. All maps must be original documents that are clear, legible, and suitable for reproduction. All maps must be drawn at the same scale. Colored maps are preferred. 6. Assessor’s Maps: Assessor’s maps must be marked in a manner that ensures that details are legible and understandable to the general reader. The Board may accept a map other than an Assessor's map(s) if the use of Assessor's map(s) is impractical. 7. Mapping Alternatives: Any questions regarding maps, including alternatives to mapping requirements, should be directed to the Boundary Review Board staff. THE BOUNDARY REVIEW BOARD WILL BE PLEASED TO ASSIST THE APPLICANT TO ENSURE THAT PROPOSALS ARE COMPLETE PRIOR TO OFFICIAL FILING. THE BOARD CANNOT ACCEPT INSUFFICIENT PROPOSALS (E.G. PROPOSALS SUBMITTED WITH INCOMPLETE INFORMATION OR INADEQUATE MAPS). INCOMPLETE PROPOSALS MUST BE RETURNED TO THE SUBMITTING ENTITY. Page 280 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 9 REFERENCE GUIDE REGULATIONS AND GUIDELINES FOR ANNEXATIONS, MERGERS AND INCORPORATIONS As you prepare your Notice of Intention packet, we encourage you to consider all applicable state and local standards and to address those matters in your application materials. Following is a listing of policy guidelines and regulations which may be particularly relevant to your application: In addition, under separate cover on this web site, you will find the following documents “How to Annex…” and “How to Incorporate…” Those documents provide detailed step-by-step information concerning the processes for changing and creating jurisdictional boundaries.  Growth Management Act (RCW 36.70A): Mandates extensive comprehensive planning effort to meet specific statewide goals. Requires land designations and planning implementation consistent with adopted comprehensive plan  Boundary Review Board Act (RCW 36.93): Reviews growth and development in unincorporated areas of counties through decisions on city, town and special purpose district annexations, incorporations, mergers and extensions of water and sewer lines. Establishes requirements for applications and criteria for review of annexations, incorporations, mergers and extensions  Cities and Towns (RCW 35 – Sections 35.01 – 35.30): Provides for clear and uniform processes for municipal incorporations, disincorporations and annexations for land areas. Also addresses some requirements for water and sewer districts (Also see RCW 57.24).  Annexation by Code Cities (RCW 35A.14): Establishes authorities and processes for annexations by petition and annexations by election. Note: Please be aware that there are several methods for annexation (e.g., petition method, petition election method, island areas, interlocal agreement methods.) The proponent should ensure that the requirements for the selected method of annexation are addressed in the Notice of Intention.)  Annexation of Territory – Water and Sewer Districts (RCW 57.24): Provides for clear and uniform processes for water and sewer district annexations. Establishes authorities and processes for annexations by petition and annexations by election. (Also see RCW – Chapter 35).  State Environmental Policy Act (RCW 43.21C): SEPA is Washington’s fundamental environmental law and requires environmental analysis of actions for both physical and policy changes affecting the environment. SEPA may not be required for particular annexation or incorporation activities.  King County Comprehensive Plan – King County Countywide Plan Policies: King County’s adopted comprehensive plan. Policies provided to meet specific statewide goals. Provides land designations and planning implementation policies within adopted comprehensive plan. Page 281 of 282 Notice of Intention Format Annexations/Mergers/Consolidations/Extensions 10 KING COUNTY COUNCIL MUNICIPAL ANNEXATION GUIDELINES THE KING COUNTY COUNCIL CLERK AND THE PROSECUTING ATTORNEY’S OFFICE HAVE PREPARED MATERIALS TO GUIDE CITIES AND SPECIAL PURPOSE DISTRICTS THROUGH THE KING COUNTY COUNCIL REVIEW PROCESS FOR MUNICIPAL ANNEXATIONS. FOR QUESTIONS – PLEASE CONTACT ANNE NORIS, COUNTY COUNCIL CLERK AT 206-296-1020 Page 282 of 282