HomeMy WebLinkAbout12-05-2022 City Council AgendaCity Council Meeting
December 5, 2022 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G E M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday, December 5, 2022 at
7:00 p.m. will be held in person and virtually.
Virtual P articipation L ink:
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 Z oom, please call the below number or click
the link:
Telephone: 253 215 8782
Toll Free: 888 853 5257
Z oom: https://us06web.zoom.us/j/82812709569
A .P ledge of Allegiance
I V.Roll Call
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
V I .AP P O I NT M E NT S
A .A uburn Municipal Airport A dvisory Board
City Council to approve the reappointment of A ndrea Prasse and Deanna Clark to the
A irport Advisory B oard for a three year term expiring December 31, 2025
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(RE C O M M E ND E D AC T I O N: M ove to approve the reappointment of Andres
P rasse and Deanna Clark to the Airport Advisory Board for a three year term
expiring December 31, 2025.)
B .A uburn Arts Commission
City Council to approve the reappointments of A na Kear, A nn Marie Natali, Dinah Rau,
J ohn Harris, and Tammy Dwight to the A uburn Arts Commission for a three year term
expiring December 31, 2025
(RE C O M M E ND E D AC T I O N: M ove to approve the appointments of Ana Kear,
Ann M arie Natali, Dinah Rau, J ohn Harris, and Tammy Dwight to the Auburn
Arts Commission for a three year term expiring December 31, 2025.)
C.B usiness I mprovement Area Committee of Ratepayers
City Council to approve the reappointment of Giovanni DiQuattro to the Business
I mprovement Area Committee of Ratepayers for a three year term expiring December
31, 2025
(RE C O M M E ND E D AC T I O N: M ove to reapprove the appointment of Giovanni
DiQuattro to the Business Improvement Area Committee of Ratepayers for a
three year term expiring December 31, 2025.)
V I I .AG E ND A M O D I F IC AT I O NS
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for the Modified 2023-2028 Transportation
I mprovement Program (Gaub)
City Council to conduct a P ublic Hearing to consider the Modified 2023-2028
Transportation I mprovement 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.T he public can participate in-person or submit written
comments in advance.
T he 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. A ll written comments must be received prior to 5:00 p.m. on the
day of the scheduled meeting and must be 350 words or less.
Please mail written comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
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Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f 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.)
I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
X .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Claims Voucher (Thomas)
Claims voucher list dated December 5, 2022 which includes voucher numbers 470292
through 470405, in the amount of $2,167,466.92 and three wire transfers in the amount
of $727,236.67
B .P ayroll Voucher (T homas)
P ayroll check numbers 539443 through 539447 in the amount of $553,221.02,
electronic deposit transmissions in the amount of $2,377,172.07 also a special payroll
for P olice Commission and Sergeants Comp P ayout payroll with electronic deposit
transmission in the amount of $154,927.24 for a grand total of $3,085,320.33 for the
period covering November 17, 2022 to November 30, 2022
C.P ublic Works P roject No. C P 1612 (F aber)
City Council to approve an increase of $50,000 in the total maximum authorized
contract amount for Public Works Contract No. 21-17; Construction of Project No.
C P1612 – Arts and Culture Center
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X I .UNF INIS HE D B US I NE S S
X I I .NE W B US I NE S S
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X I I I .O RD INANC E S
A .Ordinance No. 6892 (Comeau)
A n Ordinance adding a new Chapter 16.15 to the A uburn City Code relating to the use
of compost in City projects
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6892.)
B .Ordinance No. 6893 (Gaub)
A n Ordinance amending the deadline to complete conditions associated with vacating
Right-of-Way of a portion of West Main S treet, E ast of L und Road S W, within the City
of Auburn, Washington
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6893.)
C.Ordinance No. 6896 (T homas)
A n Ordinance amending Ordinance No. 6794, the 2021-2022 B iennial Operating
B udget Ordinance, and Ordinance No. 6796, the 2021-2022 Biennial Capital Budget
Ordinance, as amended by Ordinance No. 6815, Ordinance No. 6827, Ordinance No.
6836, Ordinance No. 6850, and Ordinance No 6878, authorizing amendment to the
City of Auburn 2021-2022 B udget as set forth in Schedule "A " and S chedule "B"
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6896)
X I V.RE S O L UT IO NS
A .Resolution No. 5689 (Gaub)
A Resolution approving and adopting the modification of the 2023-2028 Transportation
I mprovement P rogram of the City of Auburn
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5689.)
B .Resolution No. 5691 (Faber)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and Auburn Symphony Orchestra for Tourism P romotion Services
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5691.)
C.Resolution No. 5692 (Comeau)
A Resolution declaring a portion of City-Owned King County P arcel 3339900035 as
surplus to the needs of the City and authorizing the Mayor to execute a P urchase and
S ale of the surplus portion of the parcel to Madrone Pacific, L L C
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5692.)
D.Resolution No. 5693 (Tate)
A Resolution endorsing use of the 2023 Valley Regional F ire Authority Fee S chedule
as adopted by the V R FA Board of Governance
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5693.)
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X V.M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X V I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for the Modified 2023-2028 Transportation
Improvement Program (Gaub)
Date:
November 29, 2022
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of adoption of the Modified 2023-2028
Transportation Improvement Program.
**See Resolution No. 5689 for further action on this item.**
Background for Motion:
Background Summary:
The TIP is proposed to be modified to account for the award of grant funds for multiple
projects and to reflect changes to currently programmed projects. The date of the public
hearing was set by consent on November 21, 2022.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:December 5, 2022 Item Number:PH.1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Voucher (Thomas)
Date:
November 29, 2022
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated December 5, 2022 which includes voucher numbers 470292
through 470405, in the amount of $2,167,466.92 and three wire transfers in the amount of
$727,236.67.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:December 5, 2022 Item Number:CA.A
Page 7 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
November 29, 2022
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539443 through 539447 in the amount of $553,221.02, electronic
deposit transmissions in the amount of $2,377,172.07 also a special payroll for Police
Commission and Sergeants Comp Payout payroll with electronic deposit transmission in the
amount of $154,927.24 for a grand total of $3,085,320.33 for the period covering November
17, 2022 to November 30, 2022.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:December 5, 2022 Item Number:CA.B
Page 8 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1612 (Faber)
Date:
November 15, 2022
Department:
Parks/Art and Recreation
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve an increase of $50,000 in the total maximum authorized contract amount for Public
Works Contract No. 21-17; Construction of Project No. CP1612 – Arts and Culture Center.
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.
CP1612 Auburn Arts and Culture Center will reconstruct the top floor of the Historic Auburn
Post Office into an Arts and Culture Center as well as meeting venue. The project also
includes fire suppression, utility repairs/additions and other items necessary to ensure ease
of operation and logistic flow into a future Phase 2. During construction of the project, building
deficiencies were discovered not recognized in initial design/bidding.
This requested increase in the maximum authorized contract amount will use available overall
project contingency to provide for items of work that were not part of the original contract with
American West Construction included $44,000 for masonry cleaning and repair; the masonry
sub-contractor has provided American West with an updated bid that would include additional
repairs that would include a 20-year warranty (as opposed to a 1-year warranty).
To fund these changes, an increase in the total authorized contract amount of $50,000 will be
required, which is available within the existing overall project budget. After the allocation of
this additional construction contract contingency, the remaining project budget contingencies
of approximately $22,000 in Fund 328 remains as well as additional Facilities Division
funding.
Rev iewed by Council Committees:
Page 9 of 97
Councilmember:Stearns Staff:Faber
Meeting Date:December 5, 2022 Item Number:CA.C
Page 10 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6892 (Comeau)
Date:
November 30, 2022
Department:
Legal
Attachments:
Ordinance No. 6892
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6892.
Background for Motion:
Ordinance 6892 enacts new regulations to comply with the mandates in the State’s 2022
Organics Materials Act, which requires cities to use, when appropriate, compost on
government-funded projects.
Background Summary:
The Washington State Legislature enacted House Bill 1799 during the 2022 legislative
session. The law is a lengthy statute that intends to reduce food and yard waste in landfills by
75% in eight years. To meet this goal, the law addresses several aspects of organic
collections. One portion of the law requires cities having a population over 25,000 to adopt
an ordinance to implement an earlier-enacted state law (please see attached RCW’s). The
law requires the use of compost in government-funded projects, including bid projects,
whenever compost can be utilized. The requirement does not apply if compost is unavailable
within a reasonable period of time, if available compost does not comply with certain
standards, or if compost prices are uncompetitive. In addition, when a city purchases
compost priority must be given to purchasing from local compost producers that carry certain
certifications and derive their compost from municipal waste. Cities are also required to
develop a strategy to inform residents about the value of compost use and how the city uses
compost. Finally, cities must report to the Department of Ecology every-other-year the
volume of organic waste collected, the volume of compost purchased by the city, and the
source of that compost. Each city must adopt its compost procurement ordinance by January
1, 2023.
Ordinance 6892 complies with the new state law. It contains provisions requiring the city and its
contractors to consider whether compost could be utilized for a project and to use compost in the
project if it can. The ordinance adopts the statute’s exceptions to the compost requirement and
mandates both the use of local producers and periodic reporting to the DOE. The practical
impacts of the ordinance will be the increased use of compost for projects at city buildings and in
the right of way. City staff will be required to change the city’s bidding documents and contracts to
reflect the state’s emphasis on the use of compost. Staff will perform the data collection and
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reporting mandated by the act.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Comeau
Meeting Date:December 5, 2022 Item Number:ORD.A
Page 12 of 97
--------------------------------
Ordinance No. 6892
November 22, 2022
Page 1 of 4 Rev. 2020
ORDINANCE NO. 6892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADDING A NEW CHAPTER
16.15 TO THE AUBURN CITY CODE RELATING TO THE
USE OF COMPOST IN CITY PROJECTS
WHEREAS, in order to reduce methane emissions, RCW 70A.205.007
establishes the goal of cutting landfill-disposed organic material in Washington by 75%
compared to 2015; and
WHEREAS, the 2022 state legislature identified increased procurement of
compost products by cities and counties as a means for achieving this goal while also
strengthening the economic viability of compost production; and
WHEREAS, a 2022 enacted state statute requires that cities with populations over
twenty five-thousand (25,000) adopt a compost procurement ordinance that mandates
utilization of compost in government-funded projects; and
WHEREAS, the new law also mandates that local governments require contractors
to use compost products to the maximum extent economically feasible when the products
are reasonably available and comply with quality and health standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Auburn City Code Chapter. That a new Chapter 16.15 is
added to the Auburn City Code to read as shown in Exhibit A.
Section 2. Implementation. That the Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
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--------------------------------
Ordinance No. 6892
November 22, 2022
Page 2 of 4 Rev. 2020
Section 3. Severability. That 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: ____________________
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--------------------------------
Ordinance No. 6892
November 22, 2022
Page 3 of 4 Rev. 2020
EXHIBIT A
Chapter 16.15
COMPOST USE AND REPORTING
Sections:
16.15.010 Procurement of compost products for city projects.
16.15.020 Compliance with state pest control regulations.
16.16.030 Reporting to the Department of Ecology.
16.15.040 Public education component of Comprehensive Solid Waste Management
Plan.
16.15.010. Procurement of compost for city projects.
A. Before issuance of a solicitation for bids or proposals under ACC chapter 3.12, a
determination will be made whether compost products can be utilized in a project. In
the event that compost products can be utilized, the bid or other solicitation shall require
the contractor to use compost products in the project to the maximum extent
economically feasible.
B. The city shall plan for the use of compost products in the following categories:
1. Landscaping projects.
2. Construction and postconstruction soil amendments.
3. Uses to prevent erosion, filter stormwater runoff, promote vegetation growth, or
improve the stability and longevity of roadways; and
4. Low-impact development and green infrastructure to filter pollutants or keep
water on-site, or both.
C. Notwithstanding subsections A and B, the use of compost products is not required if:
1. Compost products are not available within a reasonable period of time;
2. Compost products that are available do not comply with existing purchasing
standards;
3. Compost products that are available do not comply with federal or state health,
quality, and safety standards; or
4. Compost purchase prices are not reasonable or competitive.
D. For any project required to use compost under this subsection, priority will be given
to purchasing compost products from companies that
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--------------------------------
Ordinance No. 6892
November 22, 2022
Page 4 of 4 Rev. 2020
1. produce compost products locally, and undertaking
2. are certified by a nationally recognized organization, and
3. produce finished compost products that are derived from municipal solid waste
compost programs and meet quality standards comparable to those adopted by
the department of transportation or adopted by rule by the department of
ecology.
E. For purposes of this chapter “Compost products” means mulch, soil amendments,
ground cover, or other landscaping material derived from the biological or mechanical
conversion of biosolids or cellulose-containing waste materials.
16.15.020. Compliance with state pest control regulations.
Any application of compost by the city shall comply with the Washington State
Department of Agriculture pest control regulations as provided in chapter 16-470 of the
Washington Administrative Code (WAC), as hereafter amende d.
16.15.030. Reporting to the Department of Ecology.
By December 31, 2024, and thereafter by each December 31st of even-numbered years
a report will be submitted to the Department of Ecology with the following information:
A. The total tons of organic material diverted throughout the year; and
B. The volume and cost of compost purchased throughout the two-year reporting
period; and
C. The source or sources of the compost purchased by the city over the two-year
reporting period.
16.15.040. Public education component of Comprehensive Solid Waste
Management Plan.
Any comprehensive solid waste management plan submitted to the Department of
Ecology pursuant to RCW 70A.205 shall contain strategies to inform Auburn residents
about the value of compost and how the city uses compost in its operations.
Page 16 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6893 (Gaub)
Date:
November 16, 2022
Department:
Public Works
Attachments:
Ordinance No. 6893
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6893.
Background for Motion:
This Ordinance amends Ordinance No. 6893, extending the time for the applicant to
complete conditions associated with Right-of-Way Vacation No. VAC21-0002, which vacates
a portion of West Main Street, east of Lund Road SW.
Background Summary:
Ralph Pozzi has requested an extension of time in which to complete conditions associated
with Right-of-Way Vacation No. VAC21-0002 previously approved on by City Council on
December 20, 2022 under Ordinance No. 6839. The current deadline to complete the
conditions is December 20, 2022.
City Staff supports extending the applicant’s deadline to complete the vacation permitting and
construction conditions one-time for nine months. If accepted by Council, the applicant’s new
deadline to complete those conditions would be September 20, 2023. The applicant has
indicated that circumstances beyond their control due to Covid-19 have caused significant
delays in being able to complete the required conditions of the ROW Vacation.
If adopted, Ordinance No. 6893 amends Ordinance No. 6839 extending the time for the
applicant to complete conditions related to permitting and construction associated with Right-
of-Way Vacation No. VAC21-0002. All other vacation conditions in Ord. 6939 would remain
unchanged by this ordinance.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:December 5, 2022 Item Number:ORD.B
Page 17 of 97
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- - - - - - - - - - - - - - - - -
Ordinance No. 6893
ROW Vacation VAC21-0002
November 7, 2022
Page 1 of 3
ORDINANCE NO. 6893
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, AMENDING DEADLINE TO
COMPLETE CONDITIONS ASSOCIATED WITH VACATING
RIGHT-OF-WAY OF A PORTION OF WEST MAIN STREET,
EAST OF LUND ROAD SW, WITHIN THE CITY OF AUBURN,
WASHINGTON
WHEREAS, the City of Auburn, Washington (“City”), approved Ordinance No. 6839
on December 20, 2021, a copy of which is attached as Exhibit A, vacating right-of-way
located within a portion of West Main Street, east of Lund Road SW, within the City, subject
to conditions outlined in Ordinance No. 6839; and,
WHEREAS, Section 1, Paragraph I of Ordinance No. 6839 required that all
conditions of the vacation be completed by December 20, 2022 or the vacation and
Ordinance will be null and void; and,
WHEREAS, the applicant has requested additional time to complete the conditions
set forth in Section 1, Paragraphs F and G of Ordinance No. 6839; and,
WHEREAS, the City has determined that the applicant’s request to have one
extension of time until September 20, 2023 to complete the conditions in Section 1,
Paragraphs F and G of Ordinance No. 6839, is reasonable in light of unforeseeable
circumstances, and that it is in the public interest to continue the deadline; and,
WHEREAS, the City has determined that the deadline to complete all other
conditions in Section 1 of Ordinance No. 6839 shall remain December 20, 2022; and,
WHERAS, the City Council has considered the request for extension.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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- - - - - - - - - - - - - - - - -
Ordinance No. 6893
ROW Vacation VAC21-0002
November 7, 2022
Page 2 of 3
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Extension. The deadline for completing the right of way vacation
conditions in Section 1, Paragraphs F and G of Ordinance No. 6839 is continued in a one-
time extension to September 20, 2023. The applicant’s deadline to complete all other
conditions of the right of way vacation in Ordinance No. 6839 shall remain December 20,
2022.
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.
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- - - - - - - - - - - - - - - - -
Ordinance No. 6893
ROW Vacation VAC21-0002
November 7, 2022
Page 3 of 3
Section 5. Recordation. The City Clerk is directed to record this Ordinance
together with Ordinance No. 6839 with the office of the King County Auditor only upon
completion of those conditions set forth in Ordinance No. 6839, at which time the vacation
pursuant to Ordinance No. 6839 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 21 of 97
Exhibit "A"
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Page 30 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6896 (Thomas)
Date:
November 22, 2022
Department:
Finance
Attachments:
Ordinance No. 6896 - Budget Amendment No. 7
BA #7 Schedule A Ordinance 6896
BA #7 Schedule B Ordinance 6896
Budget Impact:
$20,856,212 Budget Impact
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6896.
Background for Motion:
This final budget amendment of the biennium accounts for a General Fund transfer to the
Cumulative Reserve Fund, new revenue sources not previously budgeted, increases for new
one-time programs, and capital project adjustments.
Background Summary:
Ordinance No. 6896 (Budget Amendment #7) represents the seventh and final amendment
for the 2021-2022 biennium and the fourth budget amendment for 2022. This adjustment
primarily accounts for a transfer to the City's Cumulative Reserve Fund, recognize new
revenue, and requests for new programs which are entirely offset by new revenue. For
details, see the attached transmittal memorandum and supporting materials.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:December 5, 2022 Item Number:ORD.C
Page 31 of 97
-------------------------
Ordinance No. 6896
November 22, 2022
Page 1 of 3
ORDINANCE NO. 6896
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6794, THE 2021-2022 BIENNIAL OPERATING BUDGET
ORDINANCE, AND ORDINANCE NO. 6796, THE 2021-2022
BIENNIAL CAPITAL BUDGET ORDINANCE, AS AMENDED BY
ORDINANCE NO. 6815, ORDINANCE NO. 6827, ORDINANCE
NO. 6836, ORDINANCE NO. 6837, ORDINANCE NO. 6850,
AND ORDINANCE NO. 6878, AUTHORIZING AMENDMENT
TO THE CITY OF AUBURN 2021-2022 BUDGET AS SET
FORTH IN SCHEDULE “A” AND SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of November 16,
2020, adopted Ordinances Nos. 6794 and 6796 which adopted the City of Auburn
2021-2022 biennial operating and capital budgets; and
WHEREAS, the Auburn City Council at its regular meeting of April 5, 2021,
adopted Ordinance No. 6815 (BA#1) which amended Ordinances No. 6794 and 6796
which adopted the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of August 2, 2021,
adopted Ordinance No. 6827 (BA#2) which amended Ordinance No. 6815 which
amended the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of November 1,
2021, adopted Ordinances Nos. 6836 (BA#3) and 6837 (BA#4), both of which
amended Ordinance No. 6827 which amended the City of Auburn 2021 -2022
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of March 21, 2022,
adopted Ordinance No. 6850 (BA#5) which amended Ordinance No. 6827 which
amended the City of Auburn 2021-2022 Biennial budget; and
Page 32 of 97
-------------------------
Ordinance No. 6896
November 22, 2022
Page 2 of 3
WHEREAS, the Auburn City Council at its regular meeting of July 18, 2022,
adopted Ordinance No. 6878 (BA#6) which amended Ordinance No. 6850 which
amended the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2022 budget as outlined in this Ordinance (BA#7);
and
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2021-2022 Biennial Budget. The 2021-
2022 Biennial Budget of the City of Auburn is amended pursuant to Chapter
35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule “A”
attached hereto and incorporated herein by reference. The Mayor of the City of
Auburn, Washington is hereby authorized to utilize revenue and expenditure
amounts shown on said Schedule “A” and Schedule “B”. A copy of said Schedule
“A” and Schedule “B” is on file with the City Clerk and available for public
inspection.
Section 2. 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
Page 33 of 97
-------------------------
Ordinance No. 6896
November 22, 2022
Page 3 of 3
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 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
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: APPROVED AS TO FORM:
____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED:__________________
Page 34 of 97
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6896)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
General Fund (#001)
2022 Adopted Budget 10,524,785 81,938,250 85,605,016 6,858,019
Previous Budget Amendments 24,832,583 3,670,126 9,214,614 19,288,095
2022 Amended Budget 35,357,368 85,608,376 94,819,630 26,146,114
BA#7 (Ordinance #6896, Proposed):- 1,325,000 19,000,338 (17,675,338)
Human Resources:
Develop/Implement Emergency Ops Plans - - 50,000 (50,000) OT 001-01
Community Development:
SKHHP Affordable Housing Tax Revenue - - 305,338 (305,338) OT 001-02
King County COVID-19 Recovery Grant - 100,000 100,000 - OT 001-03
Police Department:
SAK Initiative Project grant - 45,000 45,000 - OT 001-04
Non Departmental:
GF to CR Transfer - - 18,500,000 (18,500,000) OT 001-05
Muckleshoot Casino Emergency Revenue - 1,180,000 - 1,180,000 OT 001-06
Revised 2022 Budget - Fund 001 35,357,368 86,933,376 113,819,968 8,470,776
Arterial Street Fund (#102)
2022 Adopted Budget 427,309 5,778,300 5,892,400 313,209
Previous Budget Amendments 2,283,179 5,562,337 7,150,168 695,348
2022 Amended Budget 2,710,488 11,340,637 13,042,568 1,008,557
BA#7 (Ordinance #6896, Proposed):- (1,090,000) (1,090,000) -
A Street Loop project -cp2117 - 200,000 200,000 - 102-01
49th Street NE (AWN to D St NE)- (1,365,000) (1,365,000) - 102-02
CP2112 – High Friction Surface Treatment Grant Funds - 75,000 75,000 - 102-03
Revised 2022 Budget - Fund 102 2,710,488 10,250,637 11,952,568 1,008,557
American Rescue Plan Act Fund Fund (#106)
2022 Adopted Budget - - - -
Previous Budget Amendments 5,802,647 7,375,600 6,036,766 7,141,481
2022 Amended Budget 5,802,647 7,375,600 6,036,766 7,141,481
BA#7 (Ordinance #6896, Proposed):(5,802,647) (1,338,834) - (7,141,481)
ARPA Fund Balance (5,802,647) (1,338,834) - (7,141,481) OT 106-01
Revised 2022 Budget - Fund 106 - 6,036,766 6,036,766 -
Page 1 of 4 11/21/2022 6:35 PMPage 35 of 97
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6896)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Cumulative Reserve Fund (#122)
2022 Adopted Budget 6,484,315 80,000 1,950,000 4,614,315
Previous Budget Amendments 4,069,452 2,029,800 492,200 5,607,052
2022 Amended Budget 10,553,767 2,109,800 2,442,200 10,221,367
BA#7 (Ordinance #6896, Proposed):- 18,500,000 - 18,500,000
GF to CR Transfer - 18,500,000 - 18,500,000 OT 122-01
Revised 2022 Budget - Fund 122 10,553,767 20,609,800 2,442,200 28,721,367
Mitigation Fees Fund (#124)
2022 Adopted Budget 9,372,642 1,161,900 5,851,450 4,683,092
Previous Budget Amendments 6,669,238 - 1,238,344 5,430,894
2022 Amended Budget 16,041,880 1,161,900 7,089,794 10,113,986
BA#7 (Ordinance #6896, Proposed):- - 200,000 (200,000)
A Street Loop project -cp2117 - - 200,000 (200,000) OT 124-01
Revised 2022 Budget - Fund 124 16,041,880 1,161,900 7,289,794 9,913,986
Parks Construction Fund (#321)
2022 Adopted Budget 1,031,996 3,483,950 3,730,050 785,896
Previous Budget Amendments 43,142 (1,723,749) (1,671,020) (9,587)
2022 Amended Budget 1,075,138 1,760,201 2,059,030 776,309
BA#7 (Ordinance #6896, Proposed):- - 75,000 (75,000)
Sunset Park Playground Drainage Improvements - - 75,000 (75,000) OT 321-01
Revised 2022 Budget - Fund 321 1,075,138 1,760,201 2,134,030 701,309
Page 2 of 4 11/21/2022 6:35 PMPage 36 of 97
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6896)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Capital Improvements Fund (#328)
2022 Adopted Budget 4,037,304 3,109,910 3,689,210 3,458,004
Previous Budget Amendments 10,045,614 4,148,449 7,729,408 6,464,655
2022 Amended Budget 14,082,918 7,258,359 11,418,618 9,922,659
BA#7 (Ordinance #6896, Proposed):- 1,970,000 4,617,160 (2,647,160)
Real Property purchase at 735 12th St SE, Auburn - - 2,550,000 (2,550,000) OT 328-01
Auburn Resource Center project - 1,970,000 1,970,000 - OT 328-02
Downtown Plaza Park - - 97,160 (97,160) OT 328-03
Revised 2022 Budget - Fund 328 14,082,918 9,228,359 16,035,778 7,275,499
Storm Drainage Fund (#432)
2022 Adopted Budget 10,263,121 10,951,870 9,283,281 11,931,710
Previous Budget Amendments 1,659,604 - 1,053,495 606,109
2022 Amended Budget 11,922,725 10,951,870 10,336,776 12,537,819
BA#7 (Ordinance #6896, Proposed):- - 144,480 (144,480)
Stormwater Management Action Plan - - 144,480 (144,480) OT 432-01
Revised 2022 Budget - Fund 432 11,922,725 10,951,870 10,481,256 12,393,339
Solid Waste Fund (#434)
2022 Adopted Budget 5,578,288 18,629,600 18,719,680 5,488,208
Previous Budget Amendments (1,789,056) 130,000 594,900 (2,253,956)
2022 Amended Budget 3,789,232 18,759,600 19,314,580 3,234,252
BA#7 (Ordinance #6896, Proposed):- 6,357,500 7,210,300 (852,800)
2022 Solid Waste Budget - 6,357,500 7,210,300 (852,800) OT 434-01
Revised 2022 Budget - Fund 434 3,789,232 25,117,100 26,524,880 2,381,452
Airport Fund (#435)
2022 Adopted Budget 1,608,781 1,507,100 2,878,847 237,034
Previous Budget Amendments (86,829) 750,000 (363,252) 1,026,423
2022 Amended Budget 1,521,952 2,257,100 2,515,595 1,263,457
BA#7 (Ordinance #6896, Proposed):- 266,000 292,000 (26,000)
Airport Fuel - 266,000 292,000 (26,000) OT 435-01
Revised 2022 Budget - Fund 435 1,521,952 2,523,100 2,807,595 1,237,457
Page 3 of 4 11/21/2022 6:35 PMPage 37 of 97
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6896)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Cemetery Fund (#436)
2022 Adopted Budget 364,582 1,280,400 1,386,048 258,934
Previous Budget Amendments 1,268,433 97,100 157,800 1,207,733
2022 Amended Budget 1,633,015 1,377,500 1,543,848 1,466,667
BA#7 (Ordinance #6896, Proposed):- - 9,000 (9,000)
Cemetery Development -10th Addition - - 9,000 (9,000) OT 436-01
Revised 2022 Budget - Fund 436 1,633,015 1,377,500 1,552,848 1,457,667
Airport Capital Fund (#465)
2022 Adopted Budget 129,157 1,847,420 1,780,440 196,137
Previous Budget Amendments 40,178 603,480 603,480 40,178
2022 Amended Budget 169,335 2,450,900 2,383,920 236,315
BA#7 (Ordinance #6896, Proposed):- 660,193 660,193 -
Runway Taxiway Rehab, RSA & PAPI project - 660,193 660,193 - OT 465-01
Revised 2022 Budget - Fund 465 169,335 3,111,093 3,044,113 236,315
Cemetery Capital Fund (#466)
2022 Adopted Budget 9,683 1,000 100 10,583
Previous Budget Amendments (2,399) 45,700 45,700 (2,399)
2022 Amended Budget 7,284 46,700 45,800 8,184
BA#7 (Ordinance #6896, Proposed):- 9,000 9,000 -
Cemetery Development -10th Addition - 9,000 9,000 - OT 466-01
Revised 2022 Budget - Fund 466 7,284 55,700 54,800 8,184
Grand Total - All Funds
2022 Adopted Budget 109,651,771 216,957,920 237,525,025 89,084,666
Previous Budget Amendments 82,846,024 35,072,475 64,173,355 53,745,144
2022 Amended Budget 192,497,795 252,030,395 301,698,380 142,829,810
TOTAL BA#7 (Ordinance #6896, Proposed):(5,802,647) 26,658,859 31,127,471 (10,271,259)
Revised 2022 Budget 186,695,148 278,689,254 332,825,851 132,558,551
465,384,402 465,384,402
Page 4 of 4 11/21/2022 6:35 PMPage 38 of 97
Schedule B
2022 Ending Fund Balance/Working Capital
by Fund
Fund
2022
Amended
Beginning
Balance
2022
Amended
Net Change in
Fund Balance
BA#7
(ORD #6896)
Revenues
BA#7
(ORD #6896)
Expenditures
Revised
Ending
Balance
General Fund (#001)35,357,368 (9,211,254) 1,325,000 (19,000,338) 8,470,776
Arterial Street Fund (#102)2,710,488 (1,701,931) (1,090,000) 1,090,000 1,008,557
Local Street Fund (#103)3,332,074 (1,204,535) - - 2,127,539
Hotel/Motel Tax Fund (#104)433,129 (8,210) - - 424,919
Arterial Street Preservation Fund (#105)3,133,696 (1,648,564) - - 1,485,132
American Rescue Plan Act Fund (#106)5,802,647 1,338,834 (7,141,481) - -
Drug Forfeiture Fund (#117)1,059,837 (300,131) - - 759,706
Housing & Comm Develop Fund (#119)42,842 - - - 42,842
Recreation Trails Fund (#120)88,795 7,700 - - 96,495
BIA Fund (#121)186,202 (34,600) - - 151,602
Cumulative Reserve Fund (#122)10,553,767 (332,400) 18,500,000 - 28,721,367
Mitigation Fees Fund (#124)16,041,880 (5,927,894) - (200,000) 9,913,986
City Hall Annex 2010 A&B Bond Fund (#230)- - - - -
Local Revitalization 2010 C&D Bond Fund (#231)- - - - -
2020 LTGO A&B Refunding Bonds Fund (#232)381,987 695,420 - - 1,077,407
SCORE Debt Service Fund (#238)- - - - -
LID Guarantee Fund (#249)1,678 10 - - 1,688
LID 350 Fund (#275)2,151 (2,151) - - -
Golf/Cemetery 2016 Refunding Fund (#276)- - - - -
Parks Construction Fund (#321)1,075,138 (298,829) - (75,000) 701,309
Capital Improvements Fund (#328)14,082,918 (4,160,259) 1,970,000 (4,617,160) 7,275,499
Local Revitalization Fund (#330)316,579 (72,248) - - 244,331
Water Fund (#430)14,609,492 (4,110,632) - - 10,498,860
Sewer Fund (#431)9,365,295 (38,681) - - 9,326,614
Storm Drainage Fund (#432)11,922,725 615,094 - (144,480) 12,393,339
Sewer Metro Sub Fund (#433)3,713,134 3,900 - - 3,717,034
Solid Waste Fund (#434)3,789,232 (554,980) 6,357,500 (7,210,300) 2,381,452
Airport Fund (#435)1,521,952 (258,495) 266,000 (292,000) 1,237,457
Cemetery Fund (#436)1,633,015 (166,348) - (9,000) 1,457,667
Water Capital Fund (#460)6,820,039 (5,494,130) - - 1,325,909
Sewer Capital Fund (#461)11,392,457 (6,025,647) - - 5,366,810
Storm Drainage Capital Fund (#462)11,705,042 (7,302,324) - - 4,402,718
Airport Capital Fund (#465)169,335 66,980 660,193 (660,193) 236,315
Cemetery Capital Fund (#466)7,284 900 9,000 (9,000) 8,184
Insurance Fund (#501)1,768,175 (171,200) - - 1,596,975
Workers' Comp Fund (#503)2,870,620 254,900 - - 3,125,520
Facilities Fund (#505)882,828 (772,806) - - 110,022
Innovation & Technology Fund (#518)2,998,535 (865,644) - - 2,132,891
Equipment Rental Fund (#550)2,599,936 (890,308) - - 1,709,628
Equipment Rental Capital Fund (#560)5,119,713 (1,899,333) - - 3,220,380
IT Capital Fund (#568)650,654 (564,467) - - 86,187
Fire Pension Fund (#611)1,989,570 (107,604) - - 1,881,966
SKHHP Fund (#654)259,141 1,409,752 - - 1,668,893
Cemetery Endowment Fund (#701)2,106,447 64,130 - - 2,170,577
Total 192,497,795 (49,667,985) 20,856,212 (31,127,471) 132,558,551
Page 39 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5689 (Gaub)
Date:
November 29, 2022
Department:
Public Works
Attachments:
Resolution No. 5689
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5689.
Background for Motion:
Resolution 5689 adopts modifications to the current TIP to account for recent grant awards,
additions, and changes to currently programmed projects.
Background Summary:
The Transportation Improvement Program (TIP) is a multiyear planning document for the
development of transportation facilities within the City. Resolution 5689 would modify the
current TIP to account for recent grant awards, additions, and changes to currently
programmed projects that have occurred since the TIP was adopted in June of this year.
The proposed modifications to the 2023-2028 TIP were presented and discussed at the
November 28, 2022 Council Study Session.
A public hearing for the TIP was set by consent agenda at the November 21, 2022 Council
Meeting. The hearing is scheduled to be held at the December 5, 2022 Council Meeting in
advance of the adoption of this resolution adopting the TIP.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:December 5, 2022 Item Number:RES.A
Page 40 of 97
Resolution No. 5689
December 5, 2022
Page 1
RESOLUTION NO. 5689
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AND ADOPTING THE MODIFICATION OF
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, City staff has reviewed the Program to determine the City’s
transportation needs, and has prepared a proposed modified 2023-2028 City Transportation
Improvement Program; and
WHEREAS, a public hearing to review the 2023-2028 Transportation Improvement
Program for the City of Auburn was held on December 5, 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
November 30, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The modifications to the 2023-2028 comprehensive Transportation
Improvement Program are adopted, which will be in substantial conformity with the attached
Exhibit “A.”
Section 2. The City Engineer of the City of Auburn shall file a certified copy of this
Resolution and the Modified 2023-2028 Transportation Improvement Program with the
Washington State Department of Transportation within 30 days of adoption.
Section 3. The Mayor is authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
Page 41 of 97
Resolution No. 5689
December 5, 2022
Page 2
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 42 of 97
Six Year Transportation Improvement Plan
ARTERIAL STREET FUND (102)
Project Title: R Street SE/21st Street SE Roundabout STIP# AUB-N/A
Project No:TBD CFP
Project Type:Capacity, Safety
Project Manager:Kim Truong LOS Corridor ID# 16
Activity:2022 YE
Funding Sources:Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project Cost
Unrestricted Street Revenue - - - - - - - - - -
Secured Grant - - 185,000 115,000 1,367,000 - - - - 1,667,000
Traffic Impact Fees - - - - - - - - - -
Other - - - - - - - - - -
Total Funding Sources: - - 185,000 115,000 1,367,000 - - - - 1,667,000
Capital Expenditures:
Design - - 185,000 - - - - - - 185,000
Right of Way - - - 115,000 - - - - - 115,000
Construction - - - - 1,367,000 - - - - 1,367,000
Total Expenditures: - - 185,000 115,000 1,367,000 - - - - 1,667,000
TIP# I-10
Budget Forecast Project Cost
Future Impact on Operating Budget:
The annual maintenance cost for this project is estimated to be $500.
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. The City was awarded a WSDOT City Safety Grant in 2022 for
100% of the project costs.
1
Resolution 5689 Exhibit A
Page 43 of 97
Six Year Transportation Improvement Plan
ARTERIAL STREET FUND (102)
Project Title: 1st Street NE/NW and Division Street 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
Secured 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 was awarded a Federal grant in 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
2
Resolution 5689 Exhibit A
Page 44 of 97
Six Year Transportation Improvement Plan
CAPITAL IMPROVEMENT FUND (328)
Project Title: 2023 City Safety Pedestrian Crossing Enhancements STIP# AUB-N/A
Project No:TBD CFP
Project Type:Non-Motorized
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 - - - - - - - - - -
Secured State Grant - - 80,000 520,000 - - - - - 600,000
REET 2 - - - - - - - - - -
Other - - - - - - - - - -
Total Funding Sources: - - 80,000 520,000 - - - - - 600,000
Capital Expenditures:
Design - - 80,000 - - - - - - 80,000
Right of Way - - - - - - - - - -
Construction - - - 520,000 - - - - - 520,000
Total Expenditures: - - 80,000 520,000 - - - - - 600,000
TIP# N-10
Description:
The project will install RRFBs at four locations around the City, at the SE 304th Street/116th Avenue intersection, 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:
The City was awarded a WSDOT City Safety Grant in 2022. The grant funds 100% of the project cost.
Future Impact on Operating Budget:
This project will have no impact on the operating budget for street maintenance.
Budget Forecast Project Cost
3
Resolution 5689 Exhibit A
Page 45 of 97
Six Year Transportation Improvement Plan
ARTERIAL PRESERVATION FUND (105)
Project Title: C Street SW Preservation (GSA Signal to Ellingson Road SE)STIP# AUB-N/A
Project No:TBD CFP
Project Type:Preservation
Project Manager:TBD
Activity:2022 YE
Funding Sources: Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project Cost
Arterial Preservation Fund - - - 198,000 - - - - 198,000
Secured Grant - - - - - 865,000 - - - 865,000
Transportation Benefit Dist.- - - - 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-7
Description:
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 awarded in 2022. The design phase will begin in 2024.
Future Impact on Operating Budget:
This project is anticipated to reduce the operating budget for street maintenance.
Budget Forecast Project Cost
4
Resolution 5689 Exhibit A
Page 46 of 97
Six Year Transportation Improvement Plan
ARTERIAL STREET FUND (102)
Project Title: R Street SE Preservation (33rd Street SE to 37th Street SE)STIP# AUB-N/A
Project No:CPXXXX CFP
Project Type:Preservation
Project Manager:Kim Truong
Activity:2022 YE
Funding Sources:Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project Cost
Unrestricted Street Revenue - - - - - - - - - -
Arterial Street Fund (105)- 25,000 75,000 375,000 - - - - - 475,000
Unsecured Grant - - - - - - - - - -
Traffic Impact Fees - - - - - - - - - -
Other (Icon)- - - 125,000 - - - - - 125,000
Total Funding Sources: - 25,000 75,000 500,000 - - - - - 600,000
Capital Expenditures:
Design - 25,000 75,000 - - - - - - 100,000
Right of Way - - - - - - - - - -
Construction - - - 500,000 - - - - - 500,000
Total Expenditures: - 25,000 75,000 500,000 - - - - - 600,000
TIP# P-9
Description:
The project will grind and overlay the pavement on R Street SE between 33rd Street SE and 37th Street SE. The project will also replace curb and gutter, replace the
landscaping strip with wider sidewalk, and rechannelize the roadway to create a three-lane cross section with a center two-way left-turn lane and bike lanes. The revised
channelization will improve access to/from the side streets serving the residential neighborhoods located alongside the corridor. This project scope was previously included
as part of the scope of the R Street SW widening project.
Progress Summary:
The R Street Corridor study was completed during 2020. This project is based on the study recommendations.
Future Impact on Operating Budget:
This project is anticipated to reduce the operating budget for street maintenance.
Budget Forecast Project Cost
5
Resolution 5689 Exhibit A
Page 47 of 97
Six Year Transportation Improvement Plan
ARTERIAL PRESERVATION FUND (105)
Project Title: A Street SE Preservation (37th Street SE to Lakeland Hills Way)STIP# AUB-N/A
Project No:TBD CFP
Project Type:Preservation
Project Manager:TBD
Activity:2022 YE Total Project
Funding Sources:Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Cost
Arterial Preservation Fund - - 183,000 27,000 - - - - - 210,000
Secured Grant - - - - 905,000 - - - - 905,000
Transportation Benefit Dist.- - - - 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-10
Description:
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 awarded in 2022. The design phase will begin in 2023.
Future Impact on Operating Budget:
This project is anticipated to reduce the operating budget for street maintenance.
Budget Forecast Project Cost
Resolution 5689 Exhibit A
Page 48 of 97
Six Year Transportation Improvement Plan
ARTERIAL STREET FUND (102)
Project Title: R Street SE Widening (22nd Street SE to 33rd Street SE)STIP# AUB-N/A
Project No:CP2116 CFP
Project Type:Capacity
Project Manager:Kim Truong LOS Corridor ID# 16, 27
Activity:2022 YE
Funding Sources:Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project Cost
Unrestricted Street Revenue - - - - - - - - - -
Arterial Street Fund (105)- - - - - - - - - -
Unsecured Grant - - - - - - - - - -
Traffic Impact Fees 750,000 100,000 175,000 250,000 250,000 3,500,000 - - - 5,025,000
Other (Icon)- - - - - - - - - -
Total Funding Sources: 750,000 100,000 175,000 250,000 250,000 3,500,000 - - - 5,025,000
Capital Expenditures:
Design 750,000 100,000 175,000 - - - - - - 1,025,000
Right of Way - - - 250,000 250,000 - - - - 500,000
Construction - - - - - 3,500,000 - - - 3,500,000
Total Expenditures: 750,000 100,000 175,000 250,000 250,000 3,500,000 - - - 5,025,000
TIP# R-13
Future Impact on Operating Budget:
The project will not have a significant impact on the operating budget for street maintenance.
Budget Forecast Project Cost
Description:
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.
Progress Summary:
The R Street Corridor study was completed during 2020. This project is based on the study recommendations. With the award of grant funding for the roundabout at the R
Street SE/21st Street SE intersection (I-10), and an enhanced pedestrian crossing at R Street SE/37th Street SE (N-10) the schedule of this project has been revised to
reflect the need to complete those project in advance of the widening project. The preious TIP number of I-8 was updated to R-13 to better reflect the project scope.
7
Resolution 5689 Exhibit A
Page 49 of 97
Six Year Transportation Improvement Plan
ARTERIAL STREET FUND (102)
Project Title: Regional Growth Center Access Improvements STIP# AUB-N/A
Project No:CP2110 CFP
Project Type:Capacity
Project Manager:Seth Wickstrom LOS Corridor ID# 2
Activity:2022 YE
Funding Sources:Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Total Project Cost
Unrestricted Street Revenue - - - - - - - - - -
Arterial Street Fund (105)- - 286,000 - - - - - 286,000
Secured Grant (Sound Transit)64,682 260,318 - 1,300,000 - - - - - 1,625,000
Traffic Impact Fees 16,170 68,830 100,000 2,117,854 - - - - - 2,302,854
Other (Private Development)- - - 96,146 - - - - - 96,146
Total Funding Sources: 80,852 329,148 100,000 3,800,000 - - - - - 4,310,000
Capital Expenditures:
Design 80,852 329,148 - - - - - - - 410,000
Right of Way - - 100,000 - - - - - - 100,000
Construction - - - 3,800,000 - - - - - 3,800,000
Total Expenditures: 80,852 329,148 100,000 3,800,000 - - - - - 4,310,000
TIP# R-16
Description:
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 project will not have a significant impact on the operating budget for street maintenance.
Budget Forecast Project Costs
8
Resolution 5689 Exhibit A
Page 50 of 97
Six Year Transportation Improvement Plan
ARTERIAL STREET FUND (102)
Project Title: E Valley Highway Widening STIP# AUB-N/A
Project No:TBD CFP
Project Type:Capacity
Project Manager:TBD LOS Corridor ID# 10
Activity:2022 YE Total Project
Funding Sources:Prior to 2022 Estimate 2023 2024 2025 2026 2027 2028 Beyond 2028 Cost
Unrestricted Street Revenue - - - - - - - - - -
Secured Grant - - 525,000 525,000 - - - - - 1,050,000
Unsecured Grant - - - - - - 2,250,000 2,250,000 - 4,500,000
Traffic Impact Fees - - 175,000 175,000 500,000 - 1,450,000 1,450,000 - 3,750,000
Other (Developer)- - - - - - - - - -
Total Funding Sources: - - 700,000 700,000 500,000 - 3,700,000 3,700,000 - 9,300,000
Capital Expenditures:
Design - - 700,000 700,000 - - - - - 1,400,000
Right of Way - - - - 500,000 - - - - 500,000
Construction - - - - - - 3,700,000 3,700,000 - 7,400,000
Total Expenditures: - - 700,000 700,000 500,000 - 3,700,000 3,700,000 - 9,300,000
TIP# R-26
Description:
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 improvements, 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 was awarded in 2022. The design phase will begin in 2023.
Future Impact on Operating Budget:
The project will not have a significant impact on the operating budget for street maintenance.
Budget Forecast Project Cost
9
Resolution 5689 Exhibit A
Page 51 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5691 (Faber)
Date:
November 17, 2022
Department:
Parks, Art, and Recreation
Attachments:
Resolution No. 5691
Auburn Symphony Orchestra Contract for
Services
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5691.
Background for Motion:
The City of Auburn supports the Auburn Symphony Orchestra and their presence in Auburn
contributes to the economy. It is proposed that the City enters into a contract with the Auburn
Symphony Orchestra for a scope of services that covers marketing, outreach, and
amplification of the arts.
Background Summary:
The City of Auburn has supported the Auburn Symphony Orchestra for the past several years
to assist in promoting and marketing Auburn as a destination for arts and events that in turn
contribute to the economy. Performing art programs serve as an economic driver and the
activities of the Auburn Symphony Orchestra assists in that effort. For 2023, it is proposed
that the City enters into a contract with the Auburn Symphony Orchestra with a specific scope
of services for marketing, outreach and audience building, and amplification of the arts.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Faber
Meeting Date:December 5, 2022 Item Number:RES.B
Page 52 of 97
--------------------------------
Resolution No. 5691
11/29/2022
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5691
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND AUBURN SYMPHONY ORCHESTRA FOR
TOURISM PROMOTION SERVICES
WHEREAS, the City is interested in promoting and marketing Auburn as a tourist
destination and as a location for individuals to enjoy the arts; and
WHEREAS, the Auburn Symphony Orchestra provides performances that attract
tourists, patrons of the arts, and classical music enthusiasts; and
WHEREAS, a program of advertising for such performances and events would
help to insure the success of such activities by informing people about them and
encouraging people to attend; and
WHEREAS, contracting with the Auburn Symphony Orchestra to promote
orchestra events and performances benefits the city as it increases visitors to the city,
encourages tourism, enhances the City’s image, and advances the city’s economy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The mayor is authorized to execute an Agreement between the City
and the Auburn Symphony Orchestra, which agreement will be in substantial conformity
with the agreement attached as Exhibit A.
Section 2. The mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Page 53 of 97
--------------------------------
Resolution No. 5691
11/29/2022
Page 2 of 2 Rev. 2019
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 54 of 97
2023 Auburn Symphon y Orchestra Contract
December 5, 2022
Page 1 of 8
CITY OF AUBURN and AUBURN SYMPHONY ORCHESTRA
CONTRACT FOR SERVICES
THIS CONTRACT is made and entered into on the ____ day of December, 2022, by and
between the CITY OF AUBURN, a municipal corporation of the State of Washington (the “City”),
and the AUBURN SYMPHONY ORCHESTRA, a not-for-profit corporation organized pursuant to
26 U.S.C. 501 (C)(3)(the “Service Provider” or “ASO” and collectively, the “Parties”).
In consideration of the conditions and the mutual promises and covenants contained in this
Agreement, the parties agree as follows:
1. SCOPE OF SERVICES BY SERVICE PROVIDER The Service Provider will engage, enrich
and inspire our community through artistically vibrant performances; will uphold the highest
artistic and professional standards; will present a broad range of repertoire; will serve a wide and
diverse audience; and will provide quality educational experiences for all ages. Service Provider
will provide classical music opportunities to area youth through reduced ticket prices to concerts
as well as outreach to Auburn area schools. Service Provider will actively participate in
community events and include Cit y of Auburn logo in all applicable promotional materials.
Service Provider will comply with requirements listed in Attachment “A.”
2. TERM OF CONTRACT: The Term of this Contract will be from January 1, 2023, through
December 31, 2023.
3. COMPENSATION TO SERVICE PROVIDER:
a. The Parties understand that the Service Provider operates on a fiscal year that runs from
July 1 through the following June 30, and that its concert season is consistent with its
fiscal year. The City’s fiscal year is from January 1 through the following December 31.
The Parties agree that the marketing services provided throughout the year are adequate
consideration for the City to pay the Service Provider its full consideration due for the
calendar year by the end of June each year in order to support the Service Provider’s
budget cycle.
b. The total contract is for $75,000 per calendar year, which will be paid as set forth in
Attachment “B.” These payments will be full compensation for work performed or
services rendered and for all labor, materials, supplies, equipment, overhead, profit, and
incidentals necessary to complete the work.
c. Invoicing and Reports. The Service Provider will submit invoices and reports not later
than 30 calendar days before payment is due. For each reporting period, the Service
Provider will provide report outlining how the Service Provider met the performance
measures set forth in this Agreement.
4. NON-APPROPRIATION OF FUNDS: If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City will not be obligated to make
payments for Services or amounts incurred after the end of the current fiscal period, and this
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2023 Auburn Symphon y Orchestra Contract
December 5, 2022
Page 2 of 8
Agreement will terminate upon the completion of all remaining Services for which funds are
allocated. No penalty or expense shall accrue to the City in the event this provision applies.
5. RECORDS INSPECTION AND AUDIT. All payments will be subject to the adjustments for
any amounts found upon audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement will be subject to
inspection and audit by the City for a period of up to three (3) years from the final payment for
work performed under this Agreement. If any litigation, claim, dispute, or audit is initiated
before the expiration of the three (3) pear period, all records and books of account pertaining to
any work performed under this Agreement will be retained until all litigation, claims, disputes, or
audits are resolved.
6. CONTINUATION OF PERFORMANCE. In the event that any dispute or conflict arises
between the parties while this Contract is in effect, the Service Provider agrees that,
notwithstanding such dispute or conflict, the Service Provider shall continue to make a good
faith effort to cooperate and continue work toward successful completion of assigned duties and
responsibilities. Nothing in this section is intended to restrict or otherwise limit the Parties rights
of termination set forth elsewhere in this Contract.
7. CONTRACT ADMINISTRATION: This Contract will be administered by Auburn Symphony
Orchestra Manager on behalf of the Service Provider and by Mayor or the Mayor’s designee on
behalf of the City. Any written notices required by terms of this Contract will be served or
mailed to the following addressees unless changed by written notice to the other Party:
If to the City: City of Auburn, 25 West Main Street, Auburn WA 98001
If to the Service Provider: Auburn Symphony Orchestra, P.O. Box 2186, Auburn WA 98071
8. NOTICES: All notices or communications permitted or required to be given under this
Agreement will be in writing and will be deemed to have been duly given if delivered in person
or sent by regular mail, postage prepaid, [by certified mail, return receipt requested,] and
addressed, if to a party of this Agreement, to the address for the party set forth above. If
addressed to a non-party, the notice will be sent, in the foregoing manner, to the address
designated by a party to this Agreement.
9. INSURANCE: The Service provider shall procure and maintain insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereby by Service Provider, its agents, representatives, or employees,
without interruption from commencement of the Service provider’s work through the term of the
contract and for thirty (30) days after the completion of this contract date, unless otherwise
indicated.
A. No Limitation. The Service provider’s maintenance of insurance, its scope of coverage
and limits as required herein shall not be construed to limit the liability of the Service
provider to the coverage provided by such insurance, or otherwise limit the City’s
recourse to any remedy available at law or in equity.
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2023 Auburn Symphon y Orchestra Contract
December 5, 2022
Page 3 of 8
B. Minimum Scope of Insurance. The Service provider’s required insurance shall be of the
types and coverage as stated below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO)
form CA 00 01.
2. Commercial General Liability insurance will be at least as broad as ISO
occurrence form CG 00 01 and will cover liability arising from premises,
operations, stop-gap independent contractors, products-completed operations,
personal injury and advertising injury, and liability assumed under an insured
contract. The City will be named as an additional insured under the Provider’s
Commercial General Liability insurance policy with respect to the work
performed for the City using an additional insured endorsement at least as broad
as ISO Additional Insured endorsement CG 20 26.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
C. Minimum Amounts of Insurance. The Service provider shall maintain the following
insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000
products-completed operations aggregate limit.
D. City Full Availability of Service provider Limits. If the Service provider maintains
higher insurance limits than the minimums shown above, the City shall be insured for
the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Service provider, irrespective of whether such limits maintained by
the Service provider are greater than those required by this contract or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Service provider.
E. Other Insurance Provision. The Service provider’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to
contain that they shall be primary insurance as respect the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of the
Service provider’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A: VII.
G. Verification of Coverage. The Service provider shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily
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2023 Auburn Symphon y Orchestra Contract
December 5, 2022
Page 4 of 8
limited to the additional insured endorsements, evidencing the insurance requirements
of the Service provider before commencement of the work. Upon request by the City,
the Service provider shall furnish certified copies of all required insurance policies,
including endorsements, required in this contract and evidence of all subservice
providers’ coverage.
H. Subservice providers’ Insurance. The Service provider shall cause each and every
Subservice provider to provide insurance coverage that complies with all applicable
requirements of the Service provider-provided insurance as set forth herein, except the
Service provider shall have sole responsibility for determining the limits of coverage
required to be obtained by Subservice providers. The Service provider shall ensure
that the City is an additional insured on each and every Subservice provider’s
Commercial General liability insurance policy using an endorsement as least as broad
as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed
operations.
I. Notice of Cancellation. The Service provider shall provide the City and all Additional
Insureds for this work with written notice of any policy cancellation within two
business days of their receipt of such notice.
J. Failure to Maintain Insurance. Failure on the part of the Service provider to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after giving five business days’ notice to the Service provider to correct the
breach, immediately terminate the contract or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the sole discretion of the City,
offset against funds due the Service provider from the City.
10. INDEMNIFICATION: Service Provider will defend, indemnify and hold the City, its
officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorneys’ fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
It is further specifically and expressly understood that the indemnification provided
constitutes the Service Provider’s waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
11. RESTRICTION AGAINST ASSIGNMENT: Service Provider will not assign this Contract
or any interest nor any money due or to become due without first obtaining the written
consent of the City. Service Provider will not subcontract any part of the services to be
performed without first obtaining the written consent of the City.
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2023 Auburn Symphon y Orchestra Contract
December 5, 2022
Page 5 of 8
12. AMENDMENT MODIFICATION OR WAIVER: No amendment, modification, or waiver
of any condition, provision, or term of this Agreement will be valid or of any effect unless
made in writing, signed by the party or parties to be bound, or the party’s or parties’ duly
authorized representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver, approval or acceptance, or payment by any
party will not affect or impair that party’s rights arising from any default by the other party.
13. TERMINATION AND SUSPENSION: Either Party may terminate this Contract upon ninety
(90) days written notice to the other Party. If the Service Provider has performed services
pursuant to the Contract, the Service Provider will be compensated for such services in
accordance with the rate of compensation provided in Attachment “B.”
14. PARTIES IN INTEREST: This Contract will be binding upon and the benefits and
obligations provided for inure to and bind the Parties and their respective successors and
assigns provided that this section will not be deemed to permit any transfer or assignment
otherwise prohibited by this Contract. This Contract is for the exclusive benefit of the Parties
and it does not create a contractual relationship with or for the benefit of any third party,
including contractors, subcontractors, and their sureties.
15. COSTS TO PREVAILING PARTY: In the event of litigation or other legal action to enforce
any rights responsibilities or obligations under this Contract, the prevailing Party will be
entitled to receive its reasonable costs and attorney’s fees.
16. FORCE MAJEURE: Any delay in the performance of any obligation under this Agreement
shall be excused, if and so long as the performance of the obligation is prevented, delayed or
otherwise hindered by any act not within the control of a party such as fire,
cyber/ransomware attack, earthquake, flood, explosion, actions of the elements, riots, mob
violence, strikes, pandemic, lockouts, and emergency orders of the state or federal
government.
17. INDEPENDENT CONTRACTOR. The Provider will perform the services as an
independent contractor and will not be deemed, by virtue of this Agreement and performance
of its provisions, to have entered into any partnership, joint venture, employment or other
relationship with the City. Nothing in this Agreement creates any contractual relationship
between the Provider’s employee, agent, or subcontractor and the City.
18. APPLICABLE LAW: This Contract and the rights of the Parties will be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any act ion
will be King County, Washington. The Parties agree and understand that any applicable
statute of limitation will commence no later than the substantial completion by the Service
Provider of the services.
19. CAPTIONS HEADINGS AND TITLES: All captions headings or titles in the paragraphs or
sections of this Contract are inserted for convenience of reference only and shall not
constitute a part of this Contract or act as a limitation of the scope of the particular paragraph
or sections to which they apply As used herein where appropriate the singular shall include
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2023 Auburn Symphon y Orchestra Contract
December 5, 2022
Page 6 of 8
the plural and vice versa and masculine feminine and neuter expressions shall be
interchangeable Interpretation or construction of this Contract shall not be affected by any
determination as to who is the drafter of this Contract this Contract having been drafted by
mutual agreement of the Parties.
20. SEVERABLE PROVISIONS: Each provision of this Contract is intended to be severable. If
any provision is found by a court of competent jurisdiction to be illegal or invalid or not
applicable to any person or circumstance for any reason whatsoever such illegality invalidity
or non-applicability will not affect the legality or validity of the remainder of this Contract or
its applicability to other persons or circumstances.
21. ENTIRE AGREEMENT: This Contract contains the entire understanding of the Parties and
supersedes all prior agreements contracts and understandings between the Parties with
respect to such subject matter.
22. COUNTERPARTS: This Contract may be executed in multiple counterparts and will become
effective when one or more counterparts have been signed by each of the Parties and
delivered to the other Party.
IN WITNESS WHEREOF the Parties hereto have caused this Contract to be executed effective the
day and year first set forth above:
AUBURN SYMPHONY ORCHESTRA CITY OF AUBURN
_________________________________ ____________________________________
Nancy Backus, Mayor
Title:___________________________
Date:___________________________ Date:_______________________________
APPROVED AS TO FORM:
____________________________________
Kendra Comeau, City Attorney
Page 60 of 97
2023 Auburn Symphon y Orchestra Contract
December 5, 2022
Page 7 of 8
Service provider: Auburn Symphony Orchestra
Contract #______
ATTACHMENT A
Scope of Services
Scope of Work:
1. Auburn Symphony Orchestra (ASO) will engage, enrich and inspire our community through
artistically vibrant performances; will uphold the highest artistic and professional standards;
will present a broad range of repertoire; will serve a wide and diverse audience; and will
provide quality educational experiences for all ages.
2. ASO will produce, if health and safety protocols allow, a minimum of eight programs
digitally distributed and/or with a live audience.
3. ASO will work to contribute to the economy of Auburn via the Arts.
4. ASO will conduct outreach into Auburn public schools and offer reduced price student
tickets.
5. ASO will conduct outreach to new audiences through programming and marketing efforts.
6. Participate in community events and/or festivals as health and safety protocols allow through
hosting a booth and/or partnering to present programming as part of the event program.
Service Provider Agrees to:
1. Credit the City of Auburn in all appropriate public announcements, programs, advertising, and
other forms of notice relating to the activity and service covered under this agreement and
produced by, for, and under the direction of the organization. Where possible, the City of
Auburn logo should be used. If logo is not appropriate, ASO may list the funder as: City of
Auburn.
2. Provide access, as health and safety protocols allow, to members of the City Council and
Auburn Arts Commission for purposes of evaluation.
3. Meet with the City Council, Arts Commission, or the Arts Coordinator once during the
contract period, to provide information regarding programming and administration of the
programs.
4. Provide the City of Auburn reports and data as outlined as part of the payment schedule.
5. Make available to the City of Auburn the service providers financial and other records, upon
request, to determine compliance with this agreement.
6. Include City Council members and Arts Commissioners in their mailing list.
Page 61 of 97
2023 Auburn Symphon y Orchestra Contract
December 5, 2022
Page 8 of 8
Service provider: Auburn Symphony Orchestra
Contract #______
ATTACHMENT B
Compensation
Payment Schedule
Phase I: To be completed by January 31, 2023. Not to Exceed $25,000.00 upon receipt or completion of
the following:
Full execution of this contract
Receipt of completed invoice
Receipt of schedule of activities and programming for 2022-23 performing arts season
Submission of a collection of printed and digital advertising material and copies of paid advertisements
completed between June 2022 and January 20231
Attendance reports for concerts (from September 2022 through January 31, 2023); including zip code
demographic summary of patrons and student discount tickets claimed, and tracking of new versus
returning attendees. For virtual/digital concerts, please include metrics from YouTube and other social
media showing reach, hours watched and any other metrics showcasing viewership.
Outline summary of outreach activities and community participation efforts
Receipt of annual report from prior ASO fiscal year and
Submission of marketing plan and budget for ASO 2022-2023 performing arts season.
Phase II: To be completed by March 31, 2023. Not to exceed $25,000.00 upon receipt or completion of
the following:
Receipt of completed invoice
Submission of a collection of printed and digital advertising material and copies of paid advertisements
completed between January 2023 and March 2023
Attendance reports for ASO concerts (from February 1-March 31, 2023); including zip code demographic
summary of patrons and student discount tickets claimed, and tracking of new versus returning attendees.
For virtual/digital concerts, please include metrics from YouTube and other social media showing reach,
hours watched and any other metrics showcasing viewership.
Outline summary of outreach activities and community participation efforts.
Phase III: To be completed by June 5, 2023. Not to exceed $25,000.00 upon receipt or completion of the
following:
Receipt of completed invoice
Submission of a collection of printed and digital advertising material and copies of paid advertisements
completed between March 2023 and June 5, 2023
Attendance reports for ASO concerts (from March 31-June 4, 2023); including zip code demographic
summary of patrons and student discount tickets claimed, and tracking of new versus returning attendees.
For virtual/digital concerts, please include metrics from YouTube and other social media showing reach,
hours watched and any other metrics showcasing viewership.
Outline summary of outreach activities and community participation efforts and
Summary of annual fundraiser.
1 NOTE: While this Contract covers performances in 2022 and 2023, references are made to the ASO’s 2022-2023 season,
which includes periods covered in this Contract.
Page 62 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5692 (Comeau)
Date:
November 29, 2022
Department:
Legal
Attachments:
Resolution No. 5692
Exhibit A - Madrone Pacific LLC / City of Auburn
PSA
PIN 333990-0035 Property Information Profile
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5692.
Background for Motion:
City staff recommend the adoption of Resolution 5692, declaring that portion of King County
parcel number 333990-0035 legally described in Resolution 5692 Section 1 as surplus to the
needs of the City and authorizing the Mayor to enter into a purchase and sale agreement with
Madrone Pacific, LLC for the surplus property.
Background Summary:
The City purchased parcel 333990-0035 for $819.00 in 1989 (SWD 8902271022) likely to
accommodate improvements to Harvey Road NE.
The southwesterly 9.5ft of the parcel is improved with sidewalk (Right of Way) and utility
improvements, while the remainder of the parcel is unimproved land. The unimproved portion
of the parcel is approximately 186 square feet. City staff have researched and reviewed the
City parcel and have identified no current or future need of the unimproved portion of the
City’s parcel.
Madrone Pacific, LLC owns neighboring King County parcel 333990-0075 and intends to
develop a medical office building under FAC22-0011. Madrone has offered the City
$1,000.00 for the 186 square foot unimproved portion of the City’s parcel. Due to its location,
not selling the unimproved portion of the City’s parcel to Madrone will likely have negative
impacts and implications on Madrone’s proposed medical office development. The Madrone
offered sales price for the unimproved portion of the City’s parcel is considered by City staff
to be a fair price. The City will also benefit from the economic impact generated from the
construction and operation of the proposed development, where the City stands to realize
sales tax revenue from the development’s construction, increased property tax values and
collection for commercially improved land, the addition of living-wage jobs created through
both the construction and operations of the development, and the increase in sales-tax
revenue resulting from the created jobs and services rendered.
Resolution 5692, if approved, will declare the unimproved portion of the City’s parcel surplus
Page 63 of 97
to the needs of the City and authorize the Mayor to execute a purchase and sale with Madrone
for sale of the un-improved portion of the City’s parcel.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Comeau
Meeting Date:December 5, 2022 Item Number:RES.C
Page 64 of 97
--------------------------------
Resolution No. 5692
11/22/2022
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DECLARING A PORTION OF
CITY-OWNED KING COUNTY PARCEL 3339900035 AS
SURPLUS TO THE NEEDS OF THE CITY AND
AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE
AND SALE OF THE SURPLUS PORTION OF THE PARCEL
TO MADRONE PACIFIC, LLC
WHEREAS, the City of Auburn owns real property identified as King County parcel
number 333990-0035 (the “Parcel”), of which the southwesterly 9.5ft is improved as Right
of Way while the remainder of the Parcel is unimproved land; and
WHEREAS, City of Auburn staff have reviewed the Parcel and have identified no
current or future need for the unimproved land portion of the Parcel; and
WHEREAS, Madrone Pacific LLC has interest in purchasing the unimproved land
portion of the Parcel from the City and has made an offer to purchase the land from the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Auburn City Council declares the following legally described
portion of the Parcel as being surplus to the needs of the City:
THAT PORTION OF LOT 1, BLOCK 12 OF C.D. HILLMAN’S AUBURNDALE
ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 92, IN KING COUNTY,
WASHINGTON, LYING NORTHEASTERLY OF HARVEY ROAD.
CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY DEED
RECORDED UNDER NUMBER 8902271022 AND AS DEPICTED ON RECORD OF
SURVEY RECORDED UNDER RECORDING NUMBER 8606259008.
LESS THE SOUTHWESTERLY 9.50 FEET, WHEN MEASURED AT RIGHT ANGLES
FROM THE NORTHEASTERLY RIGHT OF WAY MARGIN OF HARVEY ROAD NE.
Page 65 of 97
--------------------------------
Resolution No. 5692
11/22/2022
Page 2 of 2 Rev. 2020
CONTAINING AN AREA OF 186 SQUARE FEET, MORE OR LESS
Section 2. The Auburn City Council authorizes the Mayor to enter into a
purchase and sale agreement with Madrone Pacific, LLC for the that portion of the Parcel
declared as surplus to the needs of the City, which agreement shall be in substantial
conformity with the terms and conditions of the purchase and sal e agreement attached
as “Exhibit A”.
Section 3. The Mayor is authorized to implement those administrative
procedures and/or execute minor amendments necessary to carry out the directives of
this Resolution.
Section 4. 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 66 of 97
Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 1 of 19
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of the
_____ day of ________, 2022 (“Effective Date”), by and between the CITY OF
AUBURN, a Washington municipal corporation (the “City” or “Seller”), and MADRONE
PACIFIC, LLC, a Washington Limited Liability Company, (hereinafter “Madrone” or
“Buyer”). Seller and Buyer hereinafter may be referred to as the “Parties” or individually
as a “Party.”
RECITALS
A. The City owns King County Parcel No. 333990-0035, real property
consisting of raw land (the Larger Parcel). The southwesterly 9.50 feet of the Parcel is
currently improved as a public sidewalk (Sidewalk Area). The Larger Parcel is legally
described in Exhibit A-1.
B. Prior to Closing this purchase and sale transaction, the City intends to
dedicate the Sidewalk Area of the Larger Parcel to the City for right of way purposes.
Madrone desires to purchase the remaining portion of the Larger Parcel not dedicated for
right of way purposes (the Subject Property) from the City to pursue a medical office
development project (FAC22-0011).
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which the
Parties mutually acknowledge, Buyer and Seller agree as follows:
1. Certain Defined Terms. For purposes of this Agreement, the following
capitalized terms in this Agreement will have the following definitions:
1.1 “Subject Property” means the land and all rights, title and interests
associated with the land legally described in Exhibit A-2.
1.2 “Closing” means the recordation of the Deed with the King County
Recorder’s Office and Seller’s receipt of the Purchase Price.
1.3 “Closing Date” On or before December 31, 2022, or such other date as may
be agreed to in writing, and subject to completion of the following; (1) City Council to pass
a resolution declaring the property as surplus to the City’s needs, (2) Seller’s receipt of the
Purchase Price from Buyer, (3) recording of the executed Deed from Seller to Buyer, and;
(4) completion of items described in subsection 3.1.
1.4 “Deposit”. No deposit to be collected.
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1.5 “Purchase Price” has the meaning as set forth in Section 3.
2. The Property to be Sold. The City is the sole owner in fee simple of certain real
property located in King County Washington, legally described in Exhibit A-2 (herein
referred to as the “Subject Property”). Subject to and conditioned upon the terms set forth
in this Agreement, the Buyer wishes to buy, and Seller wishes to sell, convey, assign,
transfer and deliver all Seller’s rights, title, interest and improvements in, on, above and
below the Subject Property. Seller shall convey the property by Quit Claim Deed (the
“Deed”) substantially in the form of Exhibit B-1 attached.
3. Purchase Price; Cash Payment & Other Considerations. In consideration for
the sale, transfer, conveyance, assignment and delivery of the Property, Buyer shall pay in
full to Seller on the Closing Date a total purchase price of One Thousand Dollars and no
cents ($1,000.00). The Purchase Price payment by Buyer will be via cashier’s or certified
check.
Seller and Buyer agree that the entire Purchase Price is allocable to the Real Property, and
that the value of the Personal Property, if any, is de minimis.
3.1 Pre-Closing Right of Way Dedication. Buyer and Seller hereby acknowledge
and agree that prior to Closing, Seller will dedicate 9.50 feet of property along the Larger
Parcel’s entire southwesterly boundary line (the Sidewalk Area) for Right of Way (ROW)
purposes. The ROW dedication shall be granted via a Right of Way Deed substantially in
the form of Exhibit B-2 attached. Buyer and Seller further agree that the purchase price
observes and reflects this ROW dedication.
4. Earnest Money Deposit. Buyer and Seller mutually agree that there is to be no
deposit required for this transaction.
5. Title Policy. Intentionally left blank
6. Survival Of Rights, Duties, And Obligations . The Parties’ rights, duties,
covenants, and obligations under Sections 3.1, 9, 11, 13.4 – 13.7 and 13.10 shall survive
Closing and the expiration or earlier termination of this Agreement.
7. Closing.
7.1 Time for Closing. Within five (5) business days completion of those terms
set forth in Sections 1.3 & 3.1 above, the City will deliver to Madrona an executed copy of
the Deed and Real Estate Excise Tax Affidavit (“Affidavit”). Madrona shall cause the Deed
and Affidavit to be recorded with the King County Recorder’s Office. Unless otherwise
amended by the Parties, Closing shall take place no later than December 31, 2022.
7.2 Closing Costs.
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Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 3 of 19
7.2.1 Seller’s Costs. Seller will pay (a) Recording fees of the Right of
Way Dedication Deed; (b) its own attorney and professional fees.
7.2.2 Buyer’s Costs. Buyer will pay (a) the recording fees for the
conveyance Deed and Affidavit of the Subject Property; (b) real estate excise taxes, if any,
and (c) Buyer’s share of real estate property tax proration’s, if any.
7.2.3 All other costs and expenses will be the responsibility of the Buyer.
7.3 Closing Documents.
7.3.1 Seller’s Documents. At Closing, Seller will deliver to Buyer the
following instruments and documents:
a. The executed Quit Claim Deed in the form attached as Exhibit B-1,
conveying the Property to Buyer.
b. The executed real estate excise tax affidavit to accompany the Deed.
c. A recorded copy of the Right of Way dedication deed substantially in
the form of Exhibit B-2.
7.3.2 Buyer’s Documents. At Closing, Buyer shall deliver to Seller the
following funds, instruments and documents:
a. The balance of the Purchase Price in accordance with Section 3.
7.4 Closing shall be considered complete when all of the following occur: Pre-
closing obligation described in subsection 3.1 has been completed, Buyer makes payment
to Seller, the parties have executed the real estate excise tax affidavit, and the executed quit
claim deed to Buyer is recorded.
7.5 In addition to the acts and assurances recited and contemplated by this
Agreement, the parties agree to perform, execute, and/or deliver any such further acts and
assurances that may reasonably be required to affect the purpose, terms, and conditions of
this Agreement.
8. Possession. Buyer is entitled to possession of the Subject Property upon Closing.
9. Representations and Warranties.
9.1 Seller’s Representations and Warranties. In addition to any other
representations or warranties of City elsewhere in this Agreement, Seller represents and
warrants to Buyer now, and as of the Closing Date, that:
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Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 4 of 19
9.1.1 Authority. That the Seller has full power and authority to execute
this Agreement and perform Seller’s obligations hereunder, and all necessary action to
authorize this transaction has been taken, except as specifically provided herein.
9.1.2 Hazardous Substances. Seller has not received notification of any
kind from any governmental agency suggesting that the Subject Property is or may be
qualify for a Hazardous Substances cleanup.
Seller agrees to complete item 6, “Environmental” of Seller’s Disclosure Statement,
attached as Exhibit C. Buyer agrees to waive the Seller’s Disclosure Statement under
RCW 64.06.010 with the exception of item 6 (related to environmental disclosures) under
RCW 64.06.013.
9.1.3 Seller warrants that the property has no material, structural or hidden
defects and that to the best of Seller’s knowledge, there is no litigation pending or
threatened again Seller that arises out of the ownership of the Subject Property and that
might materially and detrimentally affect the (i) use or operation of the Property for Byer’s
intended use, or (ii) the ability of Seller to perform its obligations under this Agreement,
or (iii) the value of the Property.
9.2 Buyer’s Representations and Warranties. In addition to any other
representations and warranties of Buyer elsewhere in this Agreement, Buyer represents and
warrants to Seller now, and as of the Closing Date, that (a) Buyer has full power to execute,
deliver and carry out the terms and provisions of this Agreement, and has taken all
necessary action to authorize the execution, delivery and performance of this Agreement;
and (b) the individual executing this Agreement on behalf of Buyer has the authority to
bind Buyer to the terms and conditions of this Agreement.
9.3 “As is” condition of Subject property. The Purchase Price reflects that the
Buyer is purchasing the Subject property “as is,” “where is,” and “with all faults.” Except
to the extent of representations and warranties specifically made by Seller or in the Deed
or other documents to be delivered by Seller at Closing, the Seller has not made, does not
make, and specifically negates and disclaims any representations, warranties, promises,
covenants, contracts or guarantees of any kind or character whatsoever, whether express or
implied, oral or written, past, present or future, of, as to, concerning, or with respect to the
value, nature, quality, or condition of the Subject Property, including, without limitation:
(i) The water, soil and geology;
(ii) The suitability of the Subject Property for any and all activities and uses that Buyer
or anyone else may conduct thereon;
(iii) The compliance of or by the Subject Property or its operation with any laws, rules,
ordinances or regulations of any applicable governmental authority or body;
(iv) The habitability, merchantability, marketability, profitability or fitness for a
particular purpose of the ;
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Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 5 of 19
(v) The manner or quality of the construction or materials, if any, incorporated into the
Property; or
(vii) Any other matter with respect to the Subject Property.
(b) Seller has not made, does not make, and specifically disclaims any representations
regarding compliance with any environmental protection, pollution, zoning or land use
laws, rules, regulations, orders, or requirements.
(c) Without limitation, Seller does not make and specifically disclaims any warranties,
express or implied, any warranties or representations with respect to the structural
condition of the Subject Property, the area of land being purchased, the existence or non-
existence of any Hazardous Substances or underground storage tanks, or the actual or
threatened release, deposit, seepage, migration or escape of Hazardous Substances, from
or into the Subject Property, and the compliance or noncompliance of the Subject Property
with applicable federal, state, county and local laws and regulations, including, without
limitation, environmental laws and regulations and seismic/building codes, laws and
regulations. For purposes of this Agreement, the term “Hazardous Substances” shall mean:
“hazardous substance” as defined in 42 U.S.C. §9601(14) (as now enacted or hereafter
amended); “hazardous waste” as defined by 42 U.S.C. §6903(5) as now enacted or
hereafter amended; hazardous wastes, hazardous materials, hazardous substances, toxic
waste, toxic materials, or toxic substances as defined in state or federal statutes or
regulations; asbestos-containing materials, polychlorinated biphenyls; radioactive
materials, chemicals known to cause cancer or reproductive toxicity; petroleum products,
distillates or fractions; any substance the presence of which is prohibited by statute or
regulation; and any substance for which any statute or regulation requires a permit or
special handling in its use, collection, storage, treatment or disposal.
9.4 Indemnification. From and after Closing, Buyer shall indemnify, defend and hold
Seller, its officers, agents and employees harmless from and against any and all claims and
agency orders or requirements directly or indirectly relating to or arising out of, the Subject
Property.
10. Maintenance of Subject Property; Risk of Loss, Condemnation.
10.1 Maintenance of Subject property. From the Effective Date until the Closing
Date (or any earlier termination of this Agreement), Seller as owner of the Subject Property
agrees to continue to maintain it in substantially the same condition existing as of the
Effective Date, ordinary wear and tear, and damage by casualty accepted.
The Parties agree that it will not damage nor commit waste on the Subject Property between
the Effective Date and the Closing Date.
10.2 Risk of Loss. Risk of loss of or damage to the Subject Property shall be
borne by Seller until the Closing Date. Thereafter, Purchaser shall bear the risk of loss. In
the event of material loss of or damage to the Subject Property prior to the Closing Date,
Seller shall promptly notify Purchaser in writing and Seller shall not be obligated to restore
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Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 6 of 19
the Property nor pay damages to Purchaser by reason of such loss or damage. Upon receipt
of written notice pursuant to Section 12 below, Purchaser may within five (5) business days
terminate this Agreement by giving written notice of such termination to Seller and such
termination shall be effective immediately; provided, however, that Purchaser may elect to
purchase the Subject Property in the condition then existing; provided that, Buyer delivers
notice of such election pursuant to Section 12 below within five (5) business days of receipt
of Seller’s notice of a material loss of or damage to the Property as provided for in this
Section 11
11. Default.
11.1 Time. Time is of the essence in every provision herein contained.
11.2 Seller’s Remedies for Buyer’s Default or Failure to Close. If Buyer fails,
without legal excuse, to complete the purchase of the Subject Property in accordance with
this Agreement, Seller’s sole and exclusive remedies shall be to terminate this Agreement
or to seek specific performance as well as any other remedies at law or equity.
11.3 Buyer’s Remedies for Seller’s Default. If Seller fails to complete the sale
of the Subject Property in accordance with this Agreement, Buyer’s remedy will be to
terminate this Agreement or to seek specific performance.
12. Notices. All notices, demands and other communications required or permitted to
be given hereunder shall be in writing and shall be sent by personal delivery (including by
means of professional messenger or courier service) or registered or certified mail, postage-
prepaid, return-receipt requested, or by email at the addresses provided herein. Notice shall
be deemed to have been given upon receipt if personally delivered or sent by email, and if
sent by mail, two (2) days after duly deposited in the U.S. Mail to all of the addresses
designated for such party.
The Parties’ respective addresses for notices are as follows:
If to City: City of Auburn
Real Estate Manager
25 West Main Street
Auburn, WA 98001-4998
Attn: Josh Arndt
Email: jarndt@auburnwa.gov
With copies to: City Attorney’s Office
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Attn: City Attorney
Email: kcomeau@auburnwa.gov, druth@auburnwa.gov
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Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 7 of 19
If to Madrone
Pacific, LLC:
Madrone Pacific, LLC
921 Harvey Road Ste. A
Auburn, WA 9802
Email: aaronc@craineye.com
With copies to: Aaron Crain
16410 NE 17th Pl
Bellevue, WA 98008
Notice of change of address shall be given by written notice in the manner detailed in this
Section.
13. General.
13.1. Entire Agreement, Waiver, and Governing Law. This is the entire agreement
of Buyer and Seller with respect to the matters covered hereby and supersedes all prior
agreements between them, written or oral. Any waivers must be in writing. No waiver of
any right or remedy in the event of default will constitute a waiver of such right or remedy
in the event of any subsequent default. This Agreement will be governed by the laws of
the State of Washington. Venue for disputes under this agreement is the Superior Court of
King County, Washington.
13.2 No Third-Party Beneficiaries/Severability. This Agreement is for the benefit
only of the parties hereto and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the parties hereto. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision hereof. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
13.3 Signing Authority. Each of the Parties hereby represents and warrants that
the individual signing this Agreement on its behalf is duly authorized to enter into this
Agreement and to execute and legally bind such Party to it.
13.4 Attorneys’ Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party is entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys’ fees, including
fees incurred at trial, on any appeal and in any petition for review.
13.5 Reservation of Police Power. Notwithstanding anything to the contrary set
forth in this Agreement, Buyer understands and acknowledges that the City’s authority to
exercise its police (regulatory) powers in accordance with applicable law shall not be
deemed limited by the provisions of this Agreement.
13.6 Amendment. This Agreement may be amended or modified only by a
written instrument executed by Seller and Buyer
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King County Parcel # 333990-0035 Page 8 of 19
13.7 Construction. This Agreement and each of its terms have been explicitly
negotiated between the parties, and each has had the opportunity for legal counsel to review
the Agreement, so that the language in all parts will be construed according to its fair
meaning and not strictly for or against either party.
13.8 Approval by Auburn City Council. The Parties acknowledge that this
Agreement shall not be deemed accepted by or binding on the Seller until the Auburn City
Council determines that the Subject Property is surplus to the needs of the City of Auburn,
and grants authority to Auburn’s Mayor to negotiate, execute and convey the Subject
Property to the Buyer.
13.10 Non-Merger. The terms and provisions of this Agreement will not merge in,
but will survive, the closing of the transaction contemplated under this Agreement.
13.11 Exhibits. The following exhibits are attached and incorporated into this
Agreement by reference.
(i) Exhibit A-1 – Legal Description of the Larger Parcel
(ii) Exhibit A-2 – Legal Description of the Subject Property
(iii) Exhibit B-1 – Quit Claim Deed Form
(iv) Exhibit B-2 – Right of Way Dedication Deed Form
(v) Exhibit C – Seller Disclosure, Environmental
[SIGNATURES ON THE FOLLOWING PAGE]
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King County Parcel # 333990-0035 Page 9 of 19
SIGNATURES
BUYER SELLER
MADRONE PACIFIC, LLC CITY OF AUBURN
_________________________________ __________________________________
Aaron Crain, President Nancy Backus, Mayor
__________________ __________________
Date: Date:
Approved as to Form:
___________________________________
Kendra Comeau, City of Auburn Attorney
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11/22/2022
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King County Parcel # 333990-0035 Page 10 of 19
EXHIBIT A-1
Legal Description of the Larger Parcel
THAT PORTION OF LOT 1, BLOCK12 OF C.D. HILLMAN’S AUBURNDALE
ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 12 FO PLATS, PAGE 92, IN KING
COUNTY, WASHINGTON, LYING NORTHEASTERLY OF HARVEY ROAD.
CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY DEED
RECORDED UNDER NUMBER 8902271022 AND AS DEPICTED ON RECORD OF
SURVEY RECORDED UNDER RECORDING NUMBER 8606259008.
CONTAINING AN AREA OF 388 SQUARE FEET, MORE OR LESS
King County Parcel Number: 333990-0035
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EXHIBIT A-2
Legal description of the Subject Property
THAT PORTION OF LOT 1, BLOCK 12 OF C.D. HILLMAN’S AUBURNDALE
ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 12 FO PLATS, PAGE 92, IN KING
COUNTY, WASHINGTON, LYING NORTHEASTERLY OF HARVEY ROAD.
CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY DEED
RECORDED UNDER NUMBER 8902271022 AND AS DEPICTED ON RECORD OF
SURVEY RECORDED UNDER RECORDING NUMBER 8606259008.
LESS THE SOUTHWESTERLY 9.50 FEET, WHEN MEASURED AT RIGHT
ANGLES FROM THE NORTHEASTERLY RIGHT OF WAY MARGIN OF HARVEY
ROAD NE CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY
PURPOSES UNDER RECORDING NUMBER _______________________________.
CONTAINING AN AREA OF 186 SQUARE FEET, MORE OR LESS.
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EXHIBIT B-1
Quit Claim Deed
Return Address:
Madrone Pacific, LLC
[INSERT ADDRESS 1]
[INSERT ADDRESS 2]
Above this line reserved for recording information.
QUIT CLAIM DEED
Grantor:
Grantee:
QSTR:
Parcel Identification Number # (if applicable):
City of Auburn
Madrone Pacific, LLC
SE-7-21-5
333990-0035
The Grantor, City of Auburn, Washington, for and in consideration of Ten Dollars and other valuable
consideration in hand paid, conveys and quit claims to Madrone Pacific, LLC, the following described
real estate
THAT PORTION OF LOT 1, BLOCK 12 OF C.D. HILLMAN’S AUBURNDALE
ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 12 FO PLATS, PAGE 92, IN
KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF HARVEY
ROAD.
CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY
DEED RECORDED UNDER NUMBER 8902271022 AND AS DEPICTED ON
RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER
8606259008.
LESS THE SOUTHWESTERLY 9.50 FEET, WHEN MEASURED AT RIGHT
ANGLES FROM THE NORTHEASTERLY RIGHT OF WAY MARGIN OF
HARVEY ROAD NE CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF
WAY PURPOSES UNDER RECORDING NUMBER ________________________
SUBJECT TO: MATTERS OF PUBLIC RECORD
[Signature on the following page]
DocuSign Envelope ID: C7ADF7FD-0559-45E9-908D-2C59040A5FB0
Page 78 of 97
Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 13 of 19
Executed by the City of Auburn this _________ day of _____________________, 2022.
City of Auburn, a municipal corporation
and political subdivision of the State of
Washington
__________________________________
By: Nancy Backus, Mayor
City of Auburn
STATE OF WASHINGTON )
) ss.
County of _______________ )
The undersigned Notary Public hereby certifies: That on this ____ day of _____________,
2022, personally appeared before me Nancy Backus, Mayor of the City of Auburn, to me
known to be the individual described in and who executed the within instrument, and
acknowledged that he/she signed and sealed the same as his/her free and voluntary act and
deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly
authorized to execute said document on behalf of the City of Auburn.
In Witness Whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
DocuSign Envelope ID: C7ADF7FD-0559-45E9-908D-2C59040A5FB0
Page 79 of 97
Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 14 of 19
EXHIBIT B-2
Right of Way Dedication Deed
Return Address:
City of Auburn
Clerks Office
25 W Main St
Auburn, WA 98001
Above this line reserved for recording information.
RIGHT OF WAY DEDICATION DEED
Grantor:
Grantee:
QSTR:
Parcel Identification Number # (if applicable):
City of Auburn
City of Auburn
SW-7-21-5
333990-0035
The grantor City of Auburn, for and in consideration of Ten Dollars and other valuable consideration
in hand paid, grants and warrants to the City of Auburn, Washington, the following described
easement for right of way, public street, and public utility purposes
Legal Description attached as Exhibit A and depicted in Exhibit B attached hereto and
incorporated by this reference
situated in the county of King, state of Washington.
It is the intention of the parties that, notwithstanding the fact that the benefit of the easement and
rights herein granted and the fee underlying the easement are now or may hereafter be owned by the
same person or entity, the easement and rights in each case created hereby shall not merge into such
fee.
Executed by the City of Auburn this _________ day of _____________________, 2022.
City of Auburn, a municipal corporation
and political subdivision of the State of
Washington
__________________________________
By: Nancy Backus, Mayor
City of Auburn
NOTARY BLOCK ON THE FOLLOWING PAGE
DocuSign Envelope ID: C7ADF7FD-0559-45E9-908D-2C59040A5FB0
Page 80 of 97
Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 15 of 19
STATE OF WASHINGTON )
) ss.
County of _______________ )
The undersigned Notary Public hereby certifies: That on this ____ day of _____________,
2022, personally appeared before me Nancy Backus, Mayor of the City of Auburn, to me
known to be the individual described in and who executed the within instrument, and
acknowledged that he/she signed and sealed the same as his/her free and voluntary act and
deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly
authorized to execute said document on behalf of the City of Auburn.
In Witness Whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
DocuSign Envelope ID: C7ADF7FD-0559-45E9-908D-2C59040A5FB0
Page 81 of 97
Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 16 of 19
EXHIBIT A to ROW Dedication
Right of Way Dedication Legal Description
DocuSign Envelope ID: C7ADF7FD-0559-45E9-908D-2C59040A5FB0
Page 82 of 97
Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 17 of 19
EXHIBIT B to ROW Dedication
Depiction of Right of Way Dedication
DocuSign Envelope ID: C7ADF7FD-0559-45E9-908D-2C59040A5FB0
Page 83 of 97
Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 18 of 19
EXHIBIT C
Seller Disclosure Statement – Environmental
ENVIRONMENTAL DISCLOSURE Yes No Don’t
Know
N/A
A Have there been any flooding, standing water, or drainage
problems on the property that affect the property or access to
the property?
X
B Does any part of the property contain fill dirt, waste, or other
fill materials?
X
C Is there any material damage to the property from fire, wind,
floods, beach movements, earthquake, expansive soils, or
landslides?
X
D Are there any shorelines, wetlands, floodplains, or critical
areas on the property?
X
E Are there any substances, materials, or products in or on the
property that may be environmental concerns, such as
asbestos, formaldehyde, radon gas, lead-based paint, fuel or
chemical storage tanks, or contaminated soil or water?
X
F Has the property been used for commercial or industrial
purposes?
X
G Is there any soil or groundwater contamination?
X
H Are there transmission poles or other electrical utility
equipment installed, maintained, or buried on the property
that do not provide utility service to the structures on the
property?
X
I Has the property been used as a legal or illegal dumping site?
X
J Has the property been used as an illegal drug manufacturing
site?
X
K Are there any radio towers in the area that cause interference
with cellular telephone reception?
X
DocuSign Envelope ID: C7ADF7FD-0559-45E9-908D-2C59040A5FB0
Page 84 of 97
Madrone Pacific LLC / City of Auburn PSA 11.2.22
King County Parcel # 333990-0035 Page 19 of 19
If you answered yes to any of the following please give further details here.
DocuSign Envelope ID: C7ADF7FD-0559-45E9-908D-2C59040A5FB0
Page 85 of 97
Property Information Profile
(Parcel 333990-0035)
Property Name Orphan parcel 333990-0035
Street Address 901 Harvey Rd NE
Auburn, WA 98002
Parcel Number(s) 333990-0035
Size 388sqft total
202sqft improved as ROW
186sqft un-improved land
Department Not found on Finance Asset Sheet.
Current Use Vacant, sidewalk & utilities.
How/Why Acquired Statutory Warranty Deed Rec #198902271022
Likely dedicated for ROW purposes, but no language to support. PW
nor Finance have any solid knowledge on why or how City acquired,
which department property belongs to or otherwise.
Deed Restrictions None
Planned Future Use Likely none
Zoning C1
City Fund GF
Studies/Links Record of Survey 8606259008
Notes Purchased for $819.00 from Marshall and Nancy Brenden.
Road project 90STR2681 was for street improvements along Harvey
from 8th St north to Auburn Way North.
All parcels on east side of Harvey in this area go to roughly street edge
of sidewalk. Sidewalk is an 8’ sidewalk and utility easement on
neighboring private properties, not recorded against this property as it
Page 86 of 97
was under City ownership. 9.5’ft sidewalk and utility easement to be
reserved or ROW dedication if sold.
Found public improvement easement 9006220832 & 9303031626
recorded against neighboring properties. Reservation language same
for both, likely all easements in area similar language. Use similar
language as a template for easement reservation. Public Works
requested that the sidewalk portion be dedicated prior to conveyance
rather than reserve an easement or allow ROW dedication through the
FAC.
COA Survey project Q0610 dated 8.29.22 depicts existing utilities
would require 9.5’ of the southwesterly portion of the property for
utility and sidewalk.
FAC22-0011 – Crain Eye Clinic wanting to develop larger vacant parcel
333990-0075. Interested in City parcel for $1,000
Recommend Council declare the property as surplus to the City’s
needs and grant Mayor the authority to execute a purchase and sales
agreement with Madrone Pacific LLC (Crain).
Page 87 of 97
Page 88 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5693 (Tate)
Date:
November 28, 2022
Department:
Community Development
Attachments:
Resolution No. 5693
Exhibit A 2023 VRFA Fee Schedule
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5693.
Background for Motion:
Resolution No. 5693 will replace the current Valley Regional Fire Authority fees schedule with the
revised 2023 VRFA fee schedule. The fee schedule was revised and adopted by the VRFA
Governance Board as part of an annual update process.
Background Summary:
The Valley Regional Fire Authority (VRFA) was established in 2007 under RCW 52.26 as a
Fire Authority that serves the cities of Auburn, Algona, and Pacific. As a Fire Authority VRFA
operates as a separate municipal corporation, with independent taxing authority, and within an
independent taxing district.
While VRFA is a separate Fire Authority and is organizationally independent from the City of
Auburn, VRFA continues to have a role in reviewing development proposals and conducting
inspections during the construction process. Within VRFA it is the Fire Marshal’s Office that
performs these functions.
While VRFA has taxing authority within its jurisdictional boundary, taxpayers do not fund all
services offered by VRFA. In some instances, there are fees charged to customers who are
seeking direct service, e.g., a permit to construct a commercial building. In other words,
permit customers pay a substantial portion of the direct service they are seeking, as opposed
to the service being subsidized across the taxing district. Stated in yet another way, a
residential taxpayer who pays a portion of their property taxes to VRFA is generally not
providing a significant level monetary contribution to a commercial real estate proposal or a
new residential subdivision.
Since the Fire Authority was established in 2007, VRFA has collected fees for reviewing
development plans and conducting construction inspections. In Auburn, VRFA fees are
collected by the City and distributed to VRFA. This practice was put in place in order to
ensure that Auburn could achieve a one-stop permitting shop. Instead of sending customers
to a VRFA office to pay fees and apply for separate fire permits, customers can submit, pay
Page 89 of 97
and pick up permits at the City’s Permit Center. More times than not, the customer never
knows that they are interacting with, and paying, separate governmental entities.
The 2023 VRFA fee schedule includes a general increase of fees by 3%, consistent with City
of Auburn development fee increases. This moderate increase remains well below the
Consumer Price Index (CPI) figure for the Puget Sound area and will maintain a fee schedule
that is markedly lower than comparable agencies.
While VRFA is a separate agency, with a separate Governance Board that has authority to
establish its own service fees, the Auburn City Council has a role in endorsing fees that are
collected by the City and distributed to other agencies (similar to Council’s role in reviewing
school district fees and taking action to authorize the collection of these external agency
fees). Typically, City Council would provide this endorsement through action of a Resolution
which then enables procedural efforts to occur that facilitate collection of the relevant fees
and fee types.
The materials attached to this memo have been prepared by VRFA.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:December 5, 2022 Item Number:RES.D
Page 90 of 97
----------------------------
Resolution No. 5693
December 5, 2022
Page 1 of 2
RESOLUTION NO. 5693
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ENDORSING
USE OF THE 2023 VALLEY REGIONAL FIRE
AUTHORITY FEE SCHEDULE AS ADOPTED BY
THE VRFA BOARD OF GOVERNANCE
WHEREAS, the Valley Regional Fire Authority (VRFA) was established in
2007 under the authority of RCW 52.26 and operates as a separate municipal
corporation, with independent taxing authority, and within an independent taxing
district; and
WHEREAS, VRFA serves the cities of Algona, Auburn, and Pacific and is
guided by a Governance Board comprised of elected officials representing each
city; and
WHEREAS, the VRFA Governance Board has adopted an updated fee
schedule for 2023 the covers a portion of the direct cost of permit review, plan
review, and inspection services performed out of the Fire Marshal’s office; and
WHEREAS, the City of Auburn collects direct service fees on behalf of
VRFA in order to support the concept of a one-stop-shop for development and
permitting services; and
WHEREAS, in order to collect direct service fees on behalf of VRFA, the
City of Auburn must incorporate VRFA fees into city procedures, city permitting
software systems, and city financial systems.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Page 91 of 97
----------------------------
Resolution No. 5693
December 5, 2022
Page 2 of 2
Section 1. The Valley Regional Fire Authority Fee Schedule is hereby
adopted as set forth in the attached “Exhibit A” and
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon and on January 1, 2023.
Dated and Signed:
CITY OF AUBURN
__________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 92 of 97
Activity Fee
1
1.1 Commercial Occupancy Review 35% of Jurisdictional Permit Fee 1
1.2 Multi-Family Occupancy Review (R2)20% of Jurisdictional Permit Fee 1
1.3 Other Permit Fees (mechanical, plumbing
etc...) $249.00 3
1.4 Revisions to previously reviewed plans $249.00 3
1.5 Single Family Occupancy Review (R3) 15% of Jurisdictional Fee 2
2
2.1 Boundary Line Adjustment $125.00 3
2.2 Civil Reviews (FAC, hydrant placement,
fire flow, fire department access, grading) $249.00 3
2.3 Preliminary Plat and Plat Reviews
(subdivisions) $249.00 3
2.4 Other Permit Fees (miscellaneous,
administrative, etc...) $125.00 3
2.5 SEPA review $249.00 3
2.6 Short Plat Review $249.00 3
2.7 Variances $125.00 3
2.8 Water Availability Reviews $125.00 3
3
3.1 Commercial Automatic Fire Protection
System (Fire Sprinkler) $410.00+ $0.75 per sprinkler head over 10 heads 3
3.2 Commercial and Residential Automatic
Fire Protection System (Underground Fire
Sprinkler Line) (WAC 105.7.20) $410.00 per system / building 3
3.3 Commercial Automatic or Manual Fire
Alarm Systems $410.00 + $5.00 per device over 5 devices 3
3.4 Commercial Kitchen Fire Protection
System $410.00 + $0.75 per sprinkler head over 10 heads 3
3.5
Commercial: Other Fire Protection
Systems (clean agent, FM200, wet or dry
chemical, CO2, foam, mist, inert gas, and
other systems) $410.00 + $0.75 per sprinkler head over 10 heads 3
3.6 Emergency Responder Radio Coverage
System (DAS) $410.00 + $0.75 per device 3
3.7 Fireworks Display Permit $410.00 11
3.8 Fireworks Sales Permit without a tent $100.003, 10, 11
Valley Regional Fire Authority 2023 Fee Schedule
Effective January 1, 2023 and will remain in effect unless amended by the VRFA Board of Governance
Building Department Review (Includes Initial Inspection)
Land Use Reviews
Fire Protection Systems (Includes Plan Review and Initial 2 Inspections) 4
Page 93 of 97
3.9 Fireworks Sales Permit with a tent $249.00 + $100= $349.00 3,10,11
3.10 Other Miscellaneous Plan Review not
listed $410.00 3
Activity Fee
3.11
Over the Counter Permit (fire sprinkler
with less than 10 sprinkler heads, or fire
alarm with less than 5 devices)
$125.00 3
3.12 Residential (R3) Fire Sprinkler System
$125.00 + $0.75 per device over 10 devices 3
Spray Booth Installation
3.13 Spray Booth Installation (MEC or TEN)
$125.00 3
3.14 Spray Booth Fire Protection System $410.00 + $0.75 per device over 10 devices 3
3.15 Spray Booth Fire Alarm System $410.00 + $5.00 per device over 5 devices 3
4
4.1 Battery Systems $746.00 3
4.2 New Business License Review Included with Fire Benefit Charge
4.3 Compressed Gases $746.00 3
4.4 Cryogenic Fluids $746.00 3
4.5 Fire Pump & Equipment $746.00 3
4.6
Flammable and Combustible Liquids
(including above ground tanks, below
ground tanks, dip tanks, etc…) installation
and repair $746.00 3
4.7 Commercial Flammable and Combustible
Liquids tank removal $410.00 3
4.8 Hazardous Materials Facility $746.00 3
4.9 Industrial Ovens $746.00 3
4.10 LP Gas Commercial $746.00 3
4.11 LP Gas Residential $410.00 3
4.12 Marijuana Extraction Systems (WAC
105.7.19) $746.00 3
4.13 Commercial Heating Tank Removal $410.00 3
4.14 Residential Home Heating Tank Removal $125.00 3
4.15 Solar Photovoltaic Power Systems,
Residential $125.00 3
4.16 Solar Photovoltaic Power Systems,
Commercial $746.00 3
4.17 Temporary Tent/Membrane Structure >
400 square feet $249.00 3
4.18 Working without a permit or ahead of the
permit Double the permit and inspection fee
Other Fire Permits (Includes Plan Review and Initial 2 inspections) 4
Page 94 of 97
5
5.1 Initial Inspection Included in the permit fee
5.2 1st Re-inspection Included in the permit fee
5.3 2nd Re-inspection $249.00 for first 2 hours 3
5.4 Any subsequent (after 2nd) re-inspection $249.00 for first 2 hours 3
Activity Fee
5.5 After Hours Inspection (Outside of normal
business hours) $188.75 per hour (2 hour minimum) 3,8,9
5.6 Progressive Inspections (beyond the first 2
inspections) $125.00 per hour (2 hour minimum) 3
5.7
Re-inspection (due to a failure to cancel
appointment or work not ready for
inspection at time of appointment)
$125.00 per hour (2 hour minimum) 3
6
6.1 Pre-Application Fees Included with Fire Benefit Charge
7
7.1
Use of Outside Consultants for Plan
Review and Inspection, and Rapid Access
Equipment Actual Costs
8
8.1 Fire Ambulance Transport Fee $1,250.00
8.2 Fire Ambulance Transport Mileage Fee
$23.00 per mile
Preventable Nuisance or Malfunction
Alarm - 1st and 2nd violation No Penalty
Preventable Nuisance or Malfunction
Alarm - 3rd violation $84.00
Preventable Nuisance or Malfunction
Alarm - 4 or more violations $167.00
Description Rate
General Records - paper copies $0.15 per page
General Records - electronic copies $0.10 per page + cost of media
Medical Incident Reports - Clerical Fee $25.00 per report
Medical Incident Reports - paper copies -
Pages 1-30 $1.12 per page
Medical Incident Reports - paper copies -
Pages 31+$0.84 per page
Medical Incident Reports - electronic
copies $0.10 per page + cost of media
Outsourced copying & scanning Actual cost + cost of media
Records mailed or shipped Actual cost of postage and container
Inspection Fees
Pre-Application Fees
Consultant Fees
Other Fire Authority Fees
False Alarm Responses (within a calendar year)
Public Records Requests RCW70.020.010 & WAC 246-08-400
Page 95 of 97
Video and audio tapes Actual cost to reproduce
10
Permit type Fee
10.1 Aerosol products Included with the Fire Benefit Charge
10.2 Amusement building Included with the Fire Benefit Charge
10.3 Aviation facilities Included with the Fire Benefit Charge
10.4 Carbon dioxide systems Included with the Fire Benefit Charge
10.5 Carnivals and fairs Included with the Fire Benefit Charge
10.6 Combustible dust producing operations Included with the Fire Benefit Charge
10.7 Combustible fibers Included with the Fire Benefit Charge
10.8 Compressed gases Included with the Fire Benefit Charge
10.9 Cover and open mall buildings Included with the Fire Benefit Charge
10.10 Cryogenic fluids Included with the Fire Benefit Charge
10.11 Cutting and welding Included with the Fire Benefit Charge
10.12 Dry cleaning Included with the Fire Benefit Charge
10.13 Exhibits and trade shows Included with the Fire Benefit Charge
10.14 Explosives Included with the Fire Benefit Charge
10.15 Flammable and combustible liquids Included with the Fire Benefit Charge
10.16 Fruit and crop ripening Included with the Fire Benefit Charge
10.17 Fumigation and insecticidal fogging Included with the Fire Benefit Charge
10.18 Hazardous materials Included with the Fire Benefit Charge
10.19 High piled storage Included with the Fire Benefit Charge
10.20 Hot work operations Included with the Fire Benefit Charge
10.21 Industrial ovens Included with the Fire Benefit Charge
10.22 Lumber yards and woodworking plants Included with the Fire Benefit Charge
10.23
Liquid or gas fueled vehicles or equipment
in assembly buildings Included with the Fire Benefit Charge
10.24 Liquid Petroleum (LP) gas Included with the Fire Benefit Charge
10.25 Magnesium Included with the Fire Benefit Charge
10.26
Miscellaneous combustible storage (tires,
empty packing cases, rubber)Included with the Fire Benefit Charge
10.27 Motor fuel dispensing facilities Included with the Fire Benefit Charge
10.28 Organic coatings Included with the Fire Benefit Charge
10.29 Place of assembly Included with the Fire Benefit Charge
10.30 Private fire hydrants Included with the Fire Benefit Charge
10.31 Refrigeration equipment Included with the Fire Benefit Charge
10.32
Repair garages and motor fuel dispensing
facilities Included with the Fire Benefit Charge
10.33
Spraying or dipping operation using
flammable or combustible liquids or
powders Included with the Fire Benefit Charge
10.34
Storage of tires, scrap tires, and by-
products or rebuilding plants Included with the Fire Benefit Charge
10.35 Waste handling Included with the Fire Benefit Charge
10.36 Wood products Included with the Fire Benefit Charge
OPERATIONAL PERMITS
The International Fire Code 105.6 Required Operational Permits authorizes the fire code official to issue operational permits
Page 96 of 97
10.37
Commercial kitchens with type I or type II
hoods (ACC 10.36A.025)Included with the Fire Benefit Charge
Page 97 of 97