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HomeMy WebLinkAbout05-01-2023 City Council AgendaCity Council Meeting May 1, 2023 - 7:00 P M City Hall Council Chambers A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R I I .L AND AC K NO WL E D G 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 May 1, 2023 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: 877 853 5257 Z oom: https://us06web.zoom.us/j/82590155741 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 A .AW C Presentation C E O, Deana Dawson to present Advanced C ML Certificate to Mayor Backus B .A sian A merican, Native Hawaiian, and P acific I slander Heritage Month Page 1 of 38 Mayor Backus to proclaim May 2023 as "A sian A merican, Native Hawaiian, and P acific I slander Heritage Month" in the City of A uburn C.J ewish American Heritage Month Mayor Backus to proclaim May 2023 as "J ewish American Heritage Month" in the City of Auburn D.Mental Health Awareness Month Mayor Backus to proclaim May 2023 as "Mental Health Awareness Month" in the City of A uburn E .National Day of P rayer Mayor Backus to proclaim May 4, 2023 as "National Day of Prayer" in the City of A uburn F.Nurses Month Mayor Backus to proclaim May 2023 as "Nurses Month" in the City of Auburn G.A ffordable Housing Week Mayor Backus to proclaim May 7, 2023 to May 13, 2023 as "Affordable Housing Week" in the City of Auburn H.National Police Week and Peace Officers Memorial Day Mayor Backus to proclaim May 14, 2023 to May 20, 2023 as "National Police Week" and May 15, 2023 as "P eace Officers Memorial Day" in the City of Auburn V I .AG E ND A M O D I F IC AT I O NS V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A .Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. 1.T he public can participate in-person or submit written comments in advance. Participants can submit written comments via mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350 words or less. Please mail written comments to: City of A uburn Attn: Shawn Campbell, City Clerk 25 W Main S t Auburn, WA 98001 Please fax written comments to: Attn: Shawn Campbell, City Clerk F ax number: 253-804-3116 Email written comments to: Page 2 of 38 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 B .Correspondence - (T here is no correspondence for Council review.) V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. 1.F inance Ad Hoc Committee (Chair B aldwin) 2.Mayoral B enefits and L eave Compensation Review A d Hoc Committee (Chair B aldwin) I X.C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .Minutes of the April 10, 2023, City Council S tudy S ession Meeting B .Minutes of the April 17, 2023, Regular City Council Meeting C.Minutes of the April 19, 2023, Special City Council Meeting D.Claims Vouchers (Thomas) Claims voucher list dated May 1, 2023 which includes voucher number 471688 through 471820, in the amount of $2,836,424.45 and seven wire transfers in the amount of $826,669.81 E .P ayroll Voucher (T homas) P ayroll check numbers 539486 through 539487 in the amount of $628,270.79 electronic deposit transmissions in the amount of $2,411,796.71 for a grand total of $3,040,067.50 for the period covering A pril 13, 2023 to April 26, 2023 F.S etting the Date for a Public Hearing for Ordinance No. 6908 (Gaub) City Council to set the date for a Public Hearing for Ordinance 6908 for E nacting S treet Payback Requirement for City P roject C P2022 Garden Avenue Realignment (RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.) X .UNF INIS HE D B US I NE S S Page 3 of 38 X I .NE W B US I NE S S X I I .RE S O L UT IO NS A .Resolution No. 5706 (Gaub) A Resolution setting a P ublic Hearing to consider the Vacation of Unopened Right-Of- Way located within a portion of 116th Avenue S E that lies North of S E 304th S treet, within the City of Auburn, Washington (RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5706.) B .Resolution No. 5714 (Gaub) A Resolution authorizing the Mayor to execute and administer agreements accepting a grant from the Washington State Department of Transportation and Federal Highway A dministration for the L ea Hill Road/104th Ave S E Roundabout Project (RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5714.) X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A .From the Council B .From the M ayor X I V.AD J O URNM E NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 4 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the April 10, 2023, City Council Study Session Meeting Date: April 27, 2023 Department: City Council Attachments: 04-10-2023 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:May 1, 2023 Item Number:CA.A Page 5 of 38 City Council Study Session Muni Serv ices S FA April 10, 2023 - 5:30 P M City Hall Council Chambers A GE NDA Watch the meeting v ideo Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R I I .P UB L I C PA RT I C I PAT I O N A .P ublic P articipation The City Council Meeting was held in person and virtually. B .Roll Call Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett, K ate Baldwin, L arry Brown, Cheryl Rakes, and Yolanda Trout-Manuel. Councilmember Robyn Mulenga was excused. Department directors and staff members present include: Senior City S taff A ttorney Harry B oesche, A ssistant Chief of P olice Samuel Betz, Director of I nnovation and Technology David Travis, Director of F inance J amie Thomas, Director of Community Development J eff Tate, Assistant Director of Engineering S ervices J acob S weeting, Senior Traffic Engineer J ames Webb, A ssistant Traffic E ngineer K enneth Clark, S enior Transportation P lanner Cecile Malik, Economic Development Coordinator Abid Rahmani, Utility Engineering Manager Ryan Vondrak, S enior Planner J osh S teiner, S ewer Utility E ngineer Robert E lwell, Water Utility E ngineer S enait Gebreeyesus, Storm Drainage E ngineer Tim Carlaw, Business Systems A nalyst Chrissy Malave, and Deputy City Clerk Hannah Scholl. I I I .A G E ND A MO D I F I C AT I O NS There were no modifications to the agenda. I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS A .A uburn Valley Humane Society General Shelter Update (Thomas) (15 Minutes) Director T homas introduced P hil Morgan, President of the A uburn Valley Humane S ociety (AV HS), who provided Council with an overview of the history of AV HS, the AV HS Thrift Store, and the merge with NW Spay & Page 1 of 4Page 6 of 38 Neuter Center, statistics over the last 10 years, special programs, fundraising events, pet licensing, services offered, and proposed fee increases. Council discussed public stray intake statistics, number of Veterinarians and their compensation, breed restrictions, volunteer services, after hour emergency care, and revenue increases. Council thanked P hil for all his hard work over the years. V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Ordinance No. 6900 (T homas) (20 Minutes) A n Ordinance amending Ordinance No. 6879, the 2023-2024 B iennial Operating B udget Ordinance, and Ordinance No. 6888, the 2023-2024 Biennial Capital Budget, authorizing amendment to the City of Auburn 2023-2024 B udget as set forth in S chedule “A” and Schedule “B ” Director T homas provided Council with an overview of the 2023 Budget A mendment No. 1 including types of adjustments, summary of changes for the General Fund, General F und impact, A P R A projects budget, summary of changes for all other remaining funds; Hotel/Motel Tax, P arks Construction Fund, Mitigation F ee F und, and the Capital I mprovement Fund. Council discussed the A R PA Funds, and the Broken W indow Program. Councilmember B aldwin requested to explore and discuss what it would look like to potentially add the Broken W indow Repair A ssistance Program as a line item in the Budget with an earmark of $100,000.00. Consensus was asked for and received. B .Resolution No. 5701 (Thomas) (15 Minutes) A Resolution reviewing a schedule of prices for services provided by the A uburn Valley Humane S ociety to ensure competitive service prices Director T homas provided Council with an overview of Resolution No. 5701. Council discussed the proposed fees. C.2024 Comprehensive Plan Update (Tate) (60 Minutes) A presentation by City staff as an introduction to the P eriodic Comprehensive P lan update due in 2024, including anticipated program milestones P lanner S teiner provided Council with an overview of the 2024 Comprehensive P lan F ramework and updates including the Community Development Elements, the purpose and scope, planning policies, state and regional requirements, and policy updates. Council discussed the P lanned Unit Development (P UD) requirements, the Page 2 of 4Page 7 of 38 B usiness I mprovement Area (B I A ) and Downtown Auburn Cooperative (D A C), demographics, historic preservation element, and the climate change element. Coordinator Abid Rahmani provided Council with an overview of the E conomic Development E lement including the goals and objectives, challenges, policies and actions. Council discussed unoccupied commercial spaces and policies. A ssistant Director S weeting and P lanner Malik provided Council with the Capital Facilities E lement including the 2023-2028 Capital F acilities Plan, anticipated policy and framework. They also discussed the Transportation E lement including the role within the Comprehensive Plan, required components, new approaches, and policy. Manager Vondrak and E ngineers E lwell, Carlaw, and Gebreeyesus provided Council with an overview of the P ublic Works Utilities E lements including general and private utilities, water, sanitary sewer, and storm drainage, considerations and policies. Council discussed capacity planning, clean water, recycling, and illegal dumping. Director F aber provided Council with an overview of the Parks, Recreation, and Open Space E lement including anticipated policy and framework, and the timeline. Council discussed number of park spaces and acres, and the Auburn A rts and Culture Center opening timeframe. D.Transportation Advisory B oard 2022 Annual Report (Gaub) (10 Minutes) P lanner Malik introduced P eter Di Turi, B oard Chair of the Transportation A dvisory Board (TA B), they provided Council with an overview of the TA B 2022 A nnual Report including roles of staff and Board members, focus areas, and the 2023 workplan. Council discussed the S ounder Train Schedule, and L ight Rail opportunities for Auburn. E .2022 State of Our S treets (S O S) Report (Gaub) (20 Minutes) E ngineers Webb and Clark provided Council with an overview of the 2022 S tate of Our Streets including definitions, Pavement Condition I ndex, S ummary of the 2022 S treet Conditions, L ocal S treet Program Fund, A rterial/Collector Program Fund, projects completed in 2022, future projects, and next steps. Council discussed current and future projects. Page 3 of 4Page 8 of 38 V I .A D J O UR NME NT There being no further business to come before the Council, the meeting was adjourned at 8:46 p.m. A P P R O V E D this 1st day of May, 2023. ____________________________ _______________________________ J A ME S J E YA R A J , D E P UT Y MAYO R Hannah S choll, Deputy City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 4 of 4Page 9 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the April 17, 2023, Regular City Council Meeting Date: April 27, 2023 Department: City Council Attachments: 04-17-2023 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:May 1, 2023 Item Number:CA.B Page 10 of 38 City Council Meeting April 17, 2023 - 7:00 P M City Hall Council Chambers MINUT E S Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R I I .L AND AC K NO WL E D G M E NT I I I .P UB L I C PART I C IPAT IO N 1.Public Participation The City Council Meeting was held in person and virtually. A .P ledge of Allegiance Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council Chambers of A uburn City Hall, 25 West Main S treet and led those in attendance in the Pledge of Allegiance. I V.Roll Call Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett, K ate Baldwin, L arry Brown, Robyn Mulenga, Cheryl Rakes, and Yolonda Trout-Manuel. Department directors and staff members present included: City Attorney K endra Comeau, Chief of Police Mark Callier, Director of Public Works I ngrid Gaub, Director of E quity and I nclusion Brenda Goodson- Moore, Utility Billing Services Manager J oan Nelson, Business Systems A nalyst Chrissy Malave, and City Clerk S hawn Campbell. 1.Executive Session Mayor Backus adjourned into an executive session at 7:01 p.m. per R C W 42.30.110(1)(i) to discuss with legal counsel representing the agency in matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency for 30 minutes. City Attorney Comeau, Chief Caillier, Director of Human Page 1 of 6Page 11 of 38 Resources Martinson, and outside Counsel S tew E stes from K eating, Bucklin, & Mc Cormack were required to attend. Mayor Backus reconvened the meeting at 7:35 p.m. 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 A .S tress Awareness Month Mayor Backus proclaimed A pril 2023 as S tress Awareness Month in the City of Auburn. Miss A uburn's Teen, Kaitlyn Gallo, accepted the proclamation. S he thanked Mayor and Council for bringing awareness to the topic. B .W S D O T P resentation B lake J ones from W S D O T's I -405/S R 167 Corridor P rogram to present updates around S R 167 Master P lan Process L isa Hodgson and April Delchamps from W S D O T's I -405/S R 167 Corridor Program provided Council with the Master Plan for the I 405/S R 167 Corridor Program. T hey discussed the history of the project, the E xecutive Advisory Group, the updates to the S R 167 Corridor I mprovements, additional projects from the master plan, the process of creating the S R 167 Master P lan, the partner and community engagement, the S R167 Final S tudy Area, the process to complete the Master P lan, the Master Plan vision statement, goals and recommendation, and the next steps of the project. Council discussed the toll bonding, and funding for the project. V I .AP P O I NT M E NT S A .Transportation Advisory B oard City Council to approve the appointment of Derek Ronnfeldt to the Transportation A dvisory Board (Green River College) for a three year term expiring December 31, 2025 Councilmember Rakes moved and Councilmember Trout- Manuel seconded to approve the appointment of Derek Ronnfeldt to the Transportation Advisory B oard (Green River College) for a three year term expiring December 31, 2025. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 B .P arks & Recreation B oard City Council to approve the appointment of Tiffany L indsay to the Parks & Recreation B oard for a three year term expiring December 31, 2025 Councilmember B aldwin moved and Deputy Mayor J eyaraj seconded to approve the appointment of Tiffany L indsay to the Parks & Recreation B oard for a three year term expiring December 31, 2025. Page 2 of 6Page 12 of 38 MO T I O N C A R R I E D UNA NI MO US LY. 7-0 V I I .AG E ND A M O D I F IC AT I O NS The Stress Awareness Month Proclamation was added to the agenda. 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 .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. Traci Dysart Ms. Dysart expressed her concerns regarding crime in Auburn and suggested a City funded S elf-Defense Course. David Chivis 17 S . Division S treet Mr. Chivis thanked the Mayor and Council for the A uburn Magazine and the art in the downtown core. He expressed concern regarding drug use in the downtown area. Virginia Haugen 2503 R Street S E Ms. Haugen expressed concern about the Mayor's accrual of vacation and sick leave and the change from Committee meetings to S pecial F ocus Area meetings. B .Correspondence There was no correspondence for Council to 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 aldwin) Councilmember B aldwin, Chair of the F inance ad hoc committee, reported she and Councilmember Baggett have reviewed the claims and payroll vouchers described on the agenda this evening and recommended their approval. 2.Mayoral B enefits and L eave Compensation Review A d Hoc Committee (Chair B aldwin) Councilmember B aldwin, Chair of the Mayoral B enefits and L eave Page 3 of 6Page 13 of 38 Compensation Review ad hoc committee provided the full Council the background for the proposed ad hoc committee, she reviewed the defined duties for the ad hoc committee, the timeline of the process, the materials received by the ad hoc committee, and the comparison spreadsheet. The Committee discussed the need to clarify the I ndependent S alary Commission's scope and roll, the vacation leave accruals, and the sick leave accruals. Council discussed the option of vacation leave balances and caps, the I ndependent S alary Commission's roll, the comparisons from other jurisdictions, and historical precedents. X .C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .Minutes of the April 3, 2023 City Council Meeting B .Claims Vouchers (Thomas) Claims voucher list dated A pril 17, 2023 which includes voucher number 471551 through 471687, in the amount of $3,970,985.11 and three wire transfers in the amount of $870,450.27 C.P ayroll Voucher (T homas) P ayroll check numbers 539483 through 539485 in the amount of $78,448.18, electronic deposit transmissions in the amount of $2,756,038.99 for a grand total of $2,677,590.81 for the period covering March 30, 2023 to April 12, 2023 Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded to approve the consent agenda. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 X I .UNF INIS HE D B US I NE S S There was no unfinished business. X I I .NE W B US I NE S S Councilmember B aldwin moved and Deputy Mayor J eyaraj seconded to request that the City A ttorney’s Office draft an Ordinance amending A C C 2.08.020 to clarify that the City’s I ndependent Salary Commission sets only the salary for the Mayor and City Councilmembers. Council discussed the roll of the I ndependent S alary Commission. MO T I O N C A R R I E D 6-1 Councilmember B rown voted no. Councilmember B aldwin moved and Deputy Mayor J eyaraj seconded to request that the City A ttorney’s Office draft an Ordinance setting vacation Page 4 of 6Page 14 of 38 and sick leave benefit provisions for the Office of the Mayor pursuant to the ad hoc committee’s report and recommendations to the Council to establish a vacation leave cap of 364 hours and to establish a graduated payout of sick leave accrual based on rates used for unaffiliated staff and to follow a method to implement now. Council discussed the implementation of the Ordinance. MO T I O N C A R R I E D 6-1 Councilmember B rown voted no. X I I I .O RD INANC E S A .Ordinance No. 6900 (T homas) A n Ordinance amending Ordinance No. 6879, the 2023-2024 B iennial Operating B udget Ordinance, and Ordinance No. 6888, the 2023-2024 Biennial Capital Budget, authorizing amendment to the City of Auburn 2023-2024 B udget as set forth in S chedule "A" and Schedule "B " Councilmember B aldwin moved and Councilmember Mulanga seconded to approve Ordinance No. 6900. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 X I V.RE S O L UT IO NS A .Resolution No. 5701 (Thomas) A Resolution reviewing a schedule of prices for services provided by the A uburn Valley Humane Society to ensure competitive service prices Deputy Mayor J eyaraj moved and Councilmember B aggett seconded to approve Resolution No. 5701. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 B .Resolution No. 5713 (Thomas) A Resolution authorizing the Mayor to execute an agreement between the City of A uburn and K ing County to implement the 2023-2024 L ocal Hazardous Waste Management Program and to accept and expend program grant funds Councilmember Trout-Manuel moved and Councilmember Mulenga seconded to approve Resolution No. 5713. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 C.Resolution No. 5715 (Caillier) A Resolution declaring an A uburn P olice Department canine as surplus property and approving its transfer to a purchaser by contract Councilmember Mulenga moved and Councilmember B aggett seconded to approve Resolution No. 5715. Page 5 of 6Page 15 of 38 MO T I O N C A R R I E D UNA NI MO US LY. 7-0 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 Councilmember Rakes reported she attended the A rbor Day Tree Planting event, and the Terry's Home B enefit event. B .From the M ayor Mayor Backus reported she hosted US Congressman A dam S mith and K ing County Councilmember Dave Upthegrove on a tour of encampments around A uburn, Behavioral Health meeting with K ent, Renton and Tukwila, US Conference of Mayors meeting, and a Tamil Celebration. Mayor invited people to the S tate of the City, and she will be presenting at The Cities and Schools Meeting a proposal to create an Opioid and Fentanyl Task force. X V I .AD J O URNM E NT There being no further business to come before the Council, the meeting was adjourned at 9:15 p.m. A P P R O V E D this 1st day of May, 2023. ____________________________ ____________________________ NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 6 of 6Page 16 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the April 19, 2023, Special City Council Meeting Date: April 27, 2023 Department: City Council Attachments: 04-19-2023 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:May 1, 2023 Item Number:CA.C Page 17 of 38 Special City Council Meeting April 19, 2023 - 6:00 P M Muckleshoot Indian Tribe Conv ention Center - 2402 Auburn Way South MINUT E S I .C AL L T O O RD E R Mayor Nancy Backus called the meeting to order at 6:00 p.m. at the Muckleshoot Convention Center located at 2402 Auburn Way S outh, A uburn. Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett, L arry B rown, Robyn Mulenga, Chris Stearns and Yolanda Trout-Manuel. Councilmember K ate Baldwin was excused. A .P UB L I C PART I C IPAT IO N 1.Public Participation The meeting was held in person and virtually. I I .NE W B US I NE S S A .S tate of the City Mayor Backus to provide the State of the City Address Mayor Backus provided the State of the City Address. S he shared what she believes are the core pillars of City leadership; Compassion, A ccountability, and Community. She reviewed the progress and plans that have been developed over the past year including, the D E I initiative called I nclusive Auburn, work at the A rts and Culture Center, T he R E C Teen Center, public art, special events, homelessness, homeless encampments, public outreach, the A uburn Resource Center, the A uburn Food Bank, Community Court, the Community Response Team, the Salvation A rmy S treet L evel Team, A uburn P olice Department, the P olice A dvisory Committee, the Housing Repair P rogram, Auburn's drinking water systems, the storm water systems, L ocal Street P rogram, and the Pavement Condition I ndex, street preservation, the Auburn Municipal A irport, passport services, graffiti abatement, and crime prevention through E nvironmental Design P lans. Page 1 of 2Page 18 of 38 I I I .AD J O URNM E NT There being no further business to come before the Council, the meeting was adjourned at 7:33 p.m. A P P R O V E D this 1st day of May, 2023. ____________________________ ____________________________ NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 2Page 19 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers (Thomas) Date: April 26, 2023 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 May 1, 2023 which includes voucher number 471688 through 471820, in the amount of $2,836,424.45 and seven wire transfers in the amount of $826,669.81. Rev iewed by Council Committees: Councilmember:Baldwin Staff:Thomas Meeting Date:May 1, 2023 Item Number:CA.D Page 20 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Voucher (Thomas) Date: April 26, 2023 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Approve Payroll Vouchers. Background Summary: Payroll check numbers 539486 through 539487 in the amount of $628,270.79 electronic deposit transmissions in the amount of $2,411,796.71 for a grand total of $3,040,067.50 for the period covering April 13, 2023 to April 26, 2023 Rev iewed by Council Committees: Councilmember:Baldwin Staff:Thomas Meeting Date:May 1, 2023 Item Number:CA.E Page 21 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Setting the Date for a Public Hearing for Ordinance No. 6908 (Gaub) Date: April 26, 2023 Department: Public Works Attachments: Project Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Set date for Public Hearing for Ordinance 6908 for Enacting Street Payback Requirement for City Project CP2022 Garden Avenue Realignment as June 5, 2023, at 7:00 pm. Background for Motion: Background Summary: City Project CP2022 – Garden Avenue Realignment is constructing improvements that will close the existing connection from Garden Avenue/102nd Avenue SE to Lea Hill Road/8th Street NE and construct a new roadway connection from Garden Avenue/102nd Avenue SE to 104th Avenue SE. The project includes improvements along the undeveloped parcel No. 3339400655 that directly benefit the parcel and the City Engineer has determined are eligible for assessing a payback requirement (also know as a latecomers assessment) in accordance with Auburn City Code 3.25.050. The payback requirement will require the property owner to reimburse the City for its costs to make the improvements along the property frontage when and if the property develops. Auburn City Code 3.25.080 requires the City to conduct a public hearing to consider an ordinance establishing the payback requirement, to notify the property owner of the proposed payback requirement of the public hearing, and to allow them time to comment on the proposed payback requirement. Staff will present further background and information at the Council Study Session on May 22, 2023 prior to the hearing. Rev iewed by Council Committees: Councilmember:Brown Staff:Gaub Meeting Date:May 1, 2023 Item Number:CA.F Page 22 of 38 Page 23 of 38 CP2202 - Garden Avenue Realignment Printed On: 4/26/2023 Map created by City of Auburn eGIS Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. 1:3611200.5 1 mi WGS84 Web Mercator (Auxiliary Sphere) Project Location CP2022 Garden Avenue Realignment Page 24 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5706 (Gaub) Date: April 17, 2023 Department: Public Works Attachments: Res olution No. 5706 Exhibit A Legal Description Exhibit B Survey Depiction Staff Report Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council adopt Resolution No. 5706. Background for Motion: This Resolution will set June 5, 2023 as the date for the public hearing to consider the vacation of unopened right-of-way located within a portion of 116th Avenue SE that lies north of SE 304th Street. Background Summary: Chad Guptil has applied to the City for vacation of unopened right-of-way located within a portion of 116th Avenue SE that lies north of SE 304th Street. The applicant owns the adjacent parcel #7867000009 to the east and has applied for the vacation to resolve building encroachment and maintenance issues that were created when the house was built in 1960 prior to his family’s ownership of the parcel. A portion of the west side of the house is currently located within the unopened right-of-way of 116th Avenue SE. The application has been reviewed by City staff and utility purveyors who have an interest in this right-of-way. Through this review City staff has determined that the right-of-way is not necessary to meet the needs of the City and could be vacated with conditions. Resolution No. 5706, if adopted by City Council, sets the date of the Public Hearing for ROW Vacation No. VAC22-0003 for June 5, 2023. Rev iewed by Council Committees: Councilmember:Brown Staff:Gaub Meeting Date:May 1, 2023 Item Number:RES.A Page 25 of 38 Page 26 of 38 -------------------------------- Resolution No. 5706 April 11, 2023 Page 1 of 2 Rev. 2018 RESOLUTION NO. 5706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF UNOPENED RIGHT - OF-WAY LOCATED WITHIN A PORTION OF 116TH AVENUE SE THAT LIES NORTH OF SE 304TH STREET, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City received a petition signed by the owners of at least two-thirds (2/3) of the property abutting unopened City right-of-way located within a portion of 116th Avenue SE that lies north of SE 304th Street. The petition requests that the City vacate its interest in this right-of-way; and WHEREAS, RCW 35.79.010 and ACC 12.48.070 require the City to set a public hearing to consider the proposed vacation by Resolution, with the date of the hearing being not more than sixty (60) days nor less than twenty (20) days after the date of passage of such Resolution; and WHEREAS, consistent with these authorities, this Resolution sets a timely public hearing to consider the proposed vacation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. A public hearing to consider the petition for vacation of the City’s unopened right-of-way located within a portion of 116th Avenue SE that lies north of SE 304th Street (legally described in attached Exhibit “A”, and shown on the survey depiction marked as attached Exhibit “B”) is set for 7:00 p.m. on the 5th day of June, 2023, at the City Council Chambers at 25 West Main Street, Auburn, Washington, 98001 . All persons wishing to speak to this proposed vacation at the public hearing are invited to attend. Page 27 of 38 -------------------------------- Resolution No. 5706 April 11, 2023 Page 2 of 2 Rev. 2018 Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation, including posting notice of such public hearing as required by State law and City Ordinance. Section 3. This Resolution will take effect and be in full force on passage and signatures. DATED and SIGNED this day of , 2023. CITY OF AUBURN ______________________________________ NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: __________________________ _________________________________ Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney PUBLISHED: _______________ Page 28 of 38 Page 29 of 38 Page 30 of 38 1 of 4 April 11, 2023 VAC22-0003 Staff Report RIGHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number VAC22-0003 Applicant: Chad Guptil Property Location: Unopened right-of-way located within a portion of 116th Avenue SE, north of SE 304th Street. Description of right-of-way: The ROW proposed for vacation consists of unopened right-of-way located within a portion of 116th Avenue SE that lies north of SE 304th Street. The proposed ROW is adjacent to Parcel No. 7867000009 on the east side, Parcel No. 1402970280 and 1402900760 on the west side, and bordered by City right-of-way to the north and south. The total proposed area of ROW for vacation is approximately 5,922± square feet. The proposed ROW vacation area originally became ROW in 1906 when it was dedicated as a roadway with the Plat of The Sound Trustee’s Third Addition recorded in Volume 10 of Plats, Page 100, Records of King County, Washington on October 18, 1906. The area was annexed into Auburn city limits on January 1, 2008. See Exhibit “A” for legal description and Exhibit “B” for survey depiction. Proposal: The Applicant is proposing that the ROW be vacated so that the applicant can incorporate the area into their property and resolve encroachment and maintenance issues that were created when the house was built in 1960. A portion of the west side of the house is currently located within the unopened right-of-way of 116th Avenue SE. Applicable Policies & Regulations:  RCW’s applicable to this situation - meets requirements of RCW 35.79.  MUTCD standards - not affected by this proposal.  City Code or Ordinances - meets requirements of ACC 12.48.  Comprehensive Plan Policy - not affected.  City Zoning Code - not affected. Page 31 of 38 2 of 4 April 11, 2023 VAC22-0003 Staff Report Public Benefit:  Vacated Right-of-Way areas typically have a financial benefit to the general public because the vacated areas are subject to property taxes  The street vacation decreases the Right-of-Way maintenance obligation of the City. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, Zayo, and City staff. 1. Puget Sound Energy (PSE) – PSE does not have electrical or gas facilities located within the proposed vacation area and does not require an easement. 2. Comcast – Comcast has no facilities located in the proposed vacation area and does not require an easement. 3. CenturyLink – CenturyLink has no objections to the proposed vacation and does not require an easement. 4. Zayo – Zayo has no facilities in the proposed vacation area and does not require and easement. 5. Engineering – All City facilities located in the proposed vacation area will require easements to ensure that they are accessible to the City. The City will require access through the existing gate for maintenance and inspection of the existing sewer facilities and retaining wall located within the proposed vacation area. 6. Transportation – Transportation Planning has no concerns with proposed vacation. Currently, there are no projects for a future road extension in the area of the proposed vacation in the comprehensive transportation plan. 7. Planning – While planning division has no specific objection and the applicant is seeking to correct a situation that appears to have been in existing from 1960 (KC website assessor's records date of structure), the ROW appears to be continuous ROW that could have been originally intended to serve future development to the north. However, there appears to be some undetermined amount of inventoried wetlands within the ROW off -site to the north that complicates improving this ROW and future development would likely require roadway connections to 118th Ave SE instead. 8. Water – An easement will need to be retained across the proposed vacation area for future water facilities. No facilities are proposed at this time, but future development of properties to the north could necessitate water facilities in the proposed vacation area. 9. Sewer – An easement is required to be retained across the proposed vacation area for existing sewer facilities. 10. Storm – An easement is required for the existing storm pipe located in the proposed vacation area. Applicant shall be required to take ownership of the catch basin located in the proposed vacation area that serves the privately Page 32 of 38 3 of 4 April 11, 2023 VAC22-0003 Staff Report owned ornamental storm pond lying partially within the right-of-way. The ornamental storm pond shall continue to be privately owned and maintained . 11. Fire – Review completed and the Fire Marshal had no comments. 12. Solid Waste – No comments. 13. Police – No comments. 14. M&O – City crews will require access for regular maintenance and inspection of the existing sewer facilities located in the proposed vacation area. 15. Construction Inspection –No comments. 16. Innovation and Technology – No comments Assessed Value: ACC 12.48 states: “The city council may require as a condition of the ordinance that the city be compensated for the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portions thereof were acquired at public expense or have been part of a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city’s expense.” RCW 35.79.030 states the vacation “shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one -half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of- way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city o r town in an amount that does not exceed the full appraised value of the area vacated.” An appraisal by an MAI appraiser of the subject right-of-way was required to be submitted by the applicant. The appraisal was reviewed and found to be acceptable . The appraisal values the right-of-way using “as-is” market value based on the fee simple interest in the subject property at $5,400.00. The right-of-way has been right-of- way for more than 25 years and was provided through dedication of the to the Plat of The Sound Trustee’s Third Addition in 1906 and annexation into the City of Auburn in 2008. Recommendation: Page 33 of 38 4 of 4 April 11, 2023 VAC22-0003 Staff Report Staff recommends that the street vacation be granted subject to the following conditions: 1. An easement shall be reserved for existing and future City Sewer, Stormwater, Water, and retaining wall facilities. 2. Staff recommends that the existing catch basin located in the vacated right-of- way area that serves the privately owned ornamental storm pond be owned and maintained by those persons entitled to receive the property lying within the vacated right-of-way in accordance with RCW 35.79.040. 3. Staff recommends that compensation for the value of the right-of-way not be required as it was initially dedicated as right-of-way through recording of a plat at no cost to the City. Page 34 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5714 (Gaub) Date: April 20, 2023 Department: Public Works Attachments: Res olution No. 5714 Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council adopt Resolution No. 5714. Background for Motion: This Resolution accepts grant funding awarded to the City by the Washington State Department of Transportation (WSDOT) and the Federal Highway Administration (FHWA) in the amount of $476,000 for the design of the Lea Hill Road/104th Avenue SE Roundabout project that will construct a roundabout to replace the existing traffic signal at the intersection of Lea Hill Road and 104th Avenue SE. Background Summary: Resolution 5714 accepts grant funding awarded to the City by WSDOT and FHWA in the amount of $476,000 for the design of the Lea Hill Road/104th Avenue SE Roundabout project. This project was identified as part of the Lea Hill Road Corridor Study completed in 2020 and will construct a roundabout to replace the existing traffic signal at the intersection of Lea Hill Road and 104th Avenue SE. The grant award requires a local match of approximately $84,000, which is available from collected transportation impact fees. This federal grant funds the project design only and construction funding has not yet been secured. The City will pursue construction funding through other grant opportunies as they are available. Additional information regarding the roundabout will be provided to the public and City Council as the design progresses. Rev iewed by Council Committees: Councilmember:Brown Staff:Gaub Meeting Date:May 1, 2023 Item Number:RES.B Page 35 of 38 ----------------------------- Resolution No. 5714 April 6, 2023 Page 1 RESOLUTION NO. 5714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AND ADMINISTER AGREEMENTS ACCEPTING A GRANT FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AND FEDERAL HIGHWAY ADMINISTRATION FOR THE LEA HILL ROAD/104TH AVE SE ROUNDABOUT PROJECT WHEREAS, the City applied for, and has been awarded, a competitive grant to fund the design phase of the Lea Hill Road/104th Ave SE Roundabout project (Project); WHEREAS, the Project is included in the City’s Transportation Improvement Program (TIP) as Project #I-12; WHEREAS, the grant funds awarded for the Project is approximately $476,000 and the total local match required is approximately $84,000, which is available from collected transportation impact fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute and administer a grant agreement with the Washington State Transportation of Transportation for a total of $476,000 or any other amount authorized by WSDOT for the Projects as long as local matching funds are available. Section 2. The Mayor is authorized to negotiate, enter, and administer agreements to spend the grant funds for the Projects, and to implement other administrative procedures necessary to carry out the directives of this legislation. Page 36 of 38 ----------------------------- Resolution No. 5714 April 6, 2023 Page 2 Section 3. That this Resolution shall take effect and be in full force on passage and signatures. Dated and Signed this _____ day of ______________, 2023. CITY OF AUBURN ___________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Shawn Campbell, City Clerk APPROVED AS TO FORM: ___________________________ Kendra R. Comeau, City Attorney Page 37 of 38 Page 38 of 38