HomeMy WebLinkAbout01-16-2024 AgendaCity Council Meeting
J anuary 16, 2024 - 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 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 Tuesday J anuary 16, 2024 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: 253 205 0468
Toll Free: 888 475 4499
Z oom: https://us06web.zoom.us/j/89209093966
A .P ledge of Allegiance
I V.Roll Call
V.AP P O I NT M E NT S
A .A rts Commission
City Council to approve the appointments of A ndrea Dailey, A mber L ott, Carol Danner,
Carol Smetheram, and Raymond S alvador to the Arts C ommission for a three year
term expiring December 31, 2026
Page 1 of 22
(RE C O M M E ND E D AC T IO N: M ove to approve the appointments of Andrea
Dailey, Amber Lott, C arol Danner, Carol Smetheram, and Raymond Salvador to
the Arts Commission for a three year term expiring December 31, 2026.)
V I .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 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 .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:
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.)
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)
Page 2 of 22
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 J anuary 2, 2024, City Council Meeting
B .Claims Vouchers (Thomas)
Claims voucher list dated J anuary 10, 2024 which includes voucher number 474569
through 474705, in the amount of $1,924,013.54, two electronic fund transfers in the
amount of $910.43, and two wire transfers in the amount of $740,602.24
Claims voucher list dated J anuary 10, 2024 which includes voucher number 474706
through 474731, in the amount of $275,717.13, and three wire transfers in the amount
of $705,693.91
C.P ayroll Voucher (T homas)
P ayroll check numbers 539555 through 539558 in the amount of $82,809.78,
electronic deposit transmissions in the amount of $2,623,726.83, and also a special
payroll for S ick L eave cash out with check numbers 539559 through 539562 in the
amount of $1,530.68 and electronic deposit transmissions in the amount of $28,572.76
for a grand total of $2,736,640.05 for the period covering December 28, 2023 to
J anuary 10, 2024
(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
X I I I .RE S O L UT IO NS
A .Resolution No. 5749 (Gaub)
A Resolution setting a P ublic Hearing to consider the Vacation of City Right-Of-Way
located within a portion of 108th Avenue S E that lies South of L ea Hill Road 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. 5749.)
X I 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.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 3 of 22
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 2, 2024, City Council Meeting
Date:
January 10, 2024
Department:
City Council
Attachments:
01-02-2024 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:January 16, 2024 Item Number:CA.A
Page 4 of 22
City Council Meeting
J anuary 2, 2024 - 7:00 P M
City Hall Council Chambers
MINUT E S
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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 L arry Brown, Hanan Amer, Kate
B aldwin, Clinton Taylor, and Tracy Taylor. Councilmembers Cheryl Rakes,
and Yolonda Trout-Manuel.
Mayor Nancy Backus and the following staff members present included:
A cting City A ttorney Harry B oesche, Chief of P olice Mark Caillier, Director
of P ublic Works I ngrid Gaub, Assistant Director of Community
Development J ason K rum, Director of Parks, Arts and Recreation Daryl
Faber, Outside Counsel B ob Sterbank, Business Systems A nalyst Chrissy
Malave, and City Clerk S hawn Campbell.
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 .Tamil Heritage Month
Mayor Backus proclaimed J anuary 2024 as "Tamil Heritage Month" in the
City of Auburn.
B .National Day of Racial Healing
Mayor Backus proclaimed J anuary 16, 2024 as National Day of Racial
Page 1 of 5Page 5 of 22
Healing in the City of A uburn.
C.P olice Promotional Ceremony (Caillier)
Chief Caillier gave J ason Shultz his Oath of Honor as Sergeant during the
P romotional Ceremony.
V I .AG E ND A M O D I F IC AT I O NS
A .E xecutive S ession
Mayor Backus recessed into an executive session at 7:13 p.m. per
R C W 42.30.110(1)(c) to consider the minimum price at which real
estate will be offered for sale or lease when public knowledge
regarding such consideration would cause a likelihood of decreased
price and per R C W 42.30.110(1)(i)(ii) to discuss litigation that the
agency reasonably believes may be commenced by or against the
agency, the governing body, or a member acting in an official
capacity; or litigation or legal risks of a proposed action or current
practice that the agency has identified when public discussion of the
litigation or legal risks is likely to result in an adverse legal or financial
consequence to the agency for 20 minutes. Mayor, City Council,
S enior City Staff A ttorney Doug Ruth, Real Estate Manager J osh
A rndt, Director of Public Works I ngrid Gaub, and Outside Counsel
B ob Sterbank from Foster Garvey were required to attend.
Mayor Backus reconvened the meeting at 7:27 p.m.
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
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
No one came forward to speak.
C.Correspondence
There was no correspondence for Council to 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)
Page 2 of 5Page 6 of 22
Councilmember B aldwin, Chair of the F inance Ad Hoc Committee,
reported she reviewed the claims and payroll vouchers described on
the agenda this evening and recommended their approval.
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the December 18, 2023, City Council Meeting
B .Claims Vouchers (Thomas)
Claims voucher list dated December 27, 2023 which includes voucher number 474429
through 474568, in the amount of $6,596,184.09, four electronic fund transfers in the
amount of $338.63, and three wire transfers in the amount of $217,677.57
C.P ayroll Voucher (T homas)
P ayroll check numbers 539550 through 539554 in the amount of $766,035.84,
electronic deposit transmissions in the amount of $2,417,513.96, and also a special
payroll for Unsubstantiated V E B A claims with electronic deposit transmission in the
amount of $2,229.30 for a grand total of $3,185,779.10 for the period covering
December 14, 2023 to December 27, 2023
Deputy Mayor Brown moved and Councilmember C. Taylor seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I .NE W B US I NE S S
A .S pecial F ocus Area A ssignment (Council)
Deputy Mayor Brown explained the four Special Focus A reas per the
Council Rules. He recommended the following Chair's and Vice Chair's for
each S pecial F ocus Area.
Community Wellness
Chair: Councilmember Trout-Manuel
Vice Chair: Councilmember C. Taylor
Finance and I nternal Services
Chair: Councilmember Baldwin
Vice Chair: Councilmember Amer
P ublic Works & Community Development
Chair: Councilmember T. Taylor
Page 3 of 5Page 7 of 22
Vice Chair: Deputy Mayor Brown
Municipal S ervices
Chair: Councilmember Rakes
Vice Chair: Councilmember Amer
Deputy Mayor Brown moved and Councilmember Baldwin seconded to
adopt the 2024 Special Focus A rea Chair and Vice Chair A ssignments.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X I I .RE S O L UT IO NS
A .Resolution No. 5751 (Gaub)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the Central Puget Sound Regional Transit A uthority for the conveyance of
interest real estate
Councilmember B aldwin moved and Councilmember Amer seconded to
adopt Resolution No. 5751.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
B .Resolution No. 5752 (B oesche)
A Resolution authorizing the Mayor to execute a Temporary Construction Easement
between the City of Auburn and the Central P uget S ound Regional Transit Authority
over City-Owned Property located at 11 A Street NW
Councilmember K ate Baldwin moved and Councilmember Tracy Taylor
seconded to adopt Resolution No. 5752.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
C.Resolution No. 5754 (B oesche)
A Resolution authorizing the Mayor to sign a second amendment to an agreement
between the City of Auburn and Totem L ogistics, I nc. related to Garbage/Waste
Cleanup S ervices
Councilmember B aldwin moved and Deputy Mayor Brown seconded to
adopt Resolution No. 5754.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
D.Resolution No. 5755 (Gaub)
A Resolution authorizing the Mayor to execute and administer an agreement accepting
a grant from the Washington S tate Department of Transportation and F ederal Highway
A dministration for the L ea Hill Safe Routes to School P roject
Deputy Mayor L arry Brown moved and Councilmember A mer seconded to
adopt Resolution No. 5755.
Page 4 of 5Page 8 of 22
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
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
Deputy Mayor Brown expressed appreciation for the new
Councilmembers.
Councilmember Amer expressed appreciation to the S taff for their help on
onboarding.
B .From the M ayor
Mayor Backus no report.
X I V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 7:54 p.m.
A P P R O V E D this 16th day of J anuary, 2024.
____________________________ ____________________________
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 5 of 5Page 9 of 22
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
January 3, 2024
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 January 10, 2024 which includes voucher number 474569 through
474705, in the amount of $1,924,013.54, two electronic fund transfers in the amount of
$910.43, and two wire transfers in the amount of $740,602.24.
Claims voucher list dated January 10, 2024 which includes voucher number 474706 through
474731, in the amount of $275,717.13, and three wire transfers in the amount of
$705,693.91.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Thomas
Meeting Date:January 16, 2024 Item Number:CA.B
Page 10 of 22
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
January 3, 2024
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 539555 through 539558 in the amount of $82,809.78, electronic
deposit transmissions in the amount of $2,623,726.83, and also a special payroll for Sick
Leave cash out with check numbers 539559 through 539562 in the amount of $1,530.68 and
electronic deposit transmissions in the amount of $28,572.76 for a grand total of
$2,736,640.05 for the period covering December 28, 2023 to January 10, 2024.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Thomas
Meeting Date:January 16, 2024 Item Number:CA.C
Page 11 of 22
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5749 (Gaub)
Date:
December 14, 2023
Department:
Public Works
Attachments:
Resolution No. 5749
Exhibit A
Exhibit B
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5749.
Background for Motion:
This Resolution will set February 20, 2024 as the date for the public hearing to consider the
vacation of right-of-way located within a portion of 108th Ave SE that lies south of Lea Hill
Road.
Background Summary:
Serhiy and Liliya Boyko have applied to the City for vacation of right-of-way located within a
portion of 108th Ave SE that lies south of Lea Hill Road. The applicants own the adjacent
Parcel No. 0821059033 to the east and have applied for the vacation to resolve building
encroachment and maintenance issues that were created when the right-of-way was deeded
to King County for roadway purposes in 1976 prior to the Boyko’s ownership of the adjacent
property. The home that is currently encroaching into the east side of the right-of-way was
built in 1920.
The application has been reviewed by City staff and utility purveyors who have an interest in
the 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. 5749, if adopted by City Council, sets the date of the Public Hearing for ROW
Vacation No. VAC23-0001 for February 20, 2024.
Rev iewed by Council Committees:
Councilmember:Tracy Taylor Staff:Gaub
Meeting Date:January 16, 2024 Item Number:RES.A
Page 12 of 22
Page 13 of 22
--------------------------------
Resolution No. 5749
December 13, 2023
Page 1 of 2
RESOLUTION NO. 5749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER THE VACATION OF CITY RIGHT-OF-WAY
LOCATED WITHIN A PORTION OF 108TH AVENUE SE
THAT LIES SOUTH OF LEA HILL ROAD 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 108th
Avenue SE that lies south of Lea Hill Road. 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 da te 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
right-of-way location within a portion of 108th Avenue SE that lies south fo Lea Hill Road
(legally described in attached Exhibit “A”, and shown on the survey depiction marked as
Exhibit “B) is set for 7:00 p.m. on the 20th day of February, 2024 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 14 of 22
--------------------------------
Resolution No. 5749
December 13, 2023
Page 2 of 2
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 _________________, 2024.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Harry Boesche, Acting City Attorney
Page 15 of 22
Page 16 of 22
Page 17 of 22
1 of 4
December 13, 2023
VAC23-0001 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number VAC23-0001
Applicant: Serhiy and Liliya Boyko
Property Location: Right-of-way located within a portion 108th Ave SE.
Description of right-of-way:
The ROW proposed for vacation is located within a portion of 108th Ave SE that lies
south of but does not connect to Lea Hill Road. The proposed ROW is adjacent to
Parcel No. 0821059033 on the east side, Parcel No. 0821059041 on the north side, and
is bordered by City right-of-way to the west and south. The total area of ROW proposed
for vacation is approximately 4,950± square feet.
The proposed ROW vacation area originally became ROW in 1976 when it was deeded
as a roadway with King County Short Plat No. 976023 under Warranty Deed Recording
No. 7612230657 on December 23, 1976. The area was annexed into Auburn city limits
on February 29, 2000.
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 proposed vacation area
can be incorporated into their property and resolve encroachment and maintenance
issues that were created when the ROW was dedicated in 1976. The house located on
the property and encroaching into the east side of the ROW was built in 1920.
Applicable Policies & Regulations:
RCW’s applicable to this situation - meets requirements of RCW 35.79.
MUTCD standards - not affected by this proposal.
City Code or Ordinances - meets requirements of ACC 12.48.
Comprehensive Plan Policy - not affected.
City Zoning Code - not affected.
Public Benefit:
Page 18 of 22
2 of 4
December 4, 2023
VAC23-0001 Staff Report
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/Lumen, Fatbeam, Zayo, and City staff.
1. Puget Sound Energy (PSE) – PSE has electrical facilities, including poles located
in close proximity to the west boundary of the proposed vacation area. An
easement of at least 10 feet in width is requested for maintenance and relocation
purposes if relocation or undergrounding is ever required in the future.
2. Comcast – Comcast has facilities located on PSE’s poles located in close
proximity to the west boundary of the proposed vacation area. An easement of
at least 10 feet in width is request for maintenance and relocation purposes if
relocation or undergrounding is ever required in the future.
3. CenturyLink/Lumen – CenturyLink/Lumen has no facilities or equipment in the
proposed vacation area and does not require an easement.
4. Fatbeam – Fatbeam has no facilities or equipment in the proposed vacation area
and does not required an easement.
5. Zayo – Zayo has no facilities in the proposed vacation area and does not require
and easement.
6. Engineering – All City facilities located in the proposed vacation area will require
easements to ensure that they are accessible to the City.
7. Transportation – Transportation 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.
8. Planning – Planning has no concerns or comments on the proposed vacation.
9. Development Engineering - Access and utility easements are required through
the vacated right-of-way to serve the property(s) utilizing the northern part of the
vacation area. There is an existing easement in place under KC Recording No.
5662631 dated October 31, 1963 for access and utilities to the northern parcel
that was created prior to the ROW being dedicated as ROW. This easement
remains in place and will survive the vacation of the ROW.
10. Water – There is an existing 6" water main in 108th Ave SE. A 10 foot easement
for City water facilities and maintenance will be required to be reserved across
the west 10 feet of the proposed vacation area.
11. Sewer – There are no existing City sewer facilities in the proposed vacation area
and no easements are required.
12. Storm – There are no existing City storm facilities in the proposed vacation area
and no easements are required.
Page 19 of 22
3 of 4
December 4, 2023
VAC23-0001 Staff Report
13. Valley Regional Fire Authority – Review completed and the Fire Marshal had no
comments.
14. Solid Waste – No comments.
15. Police – Review completed by Auburn PD. The proposed vacation has no
impact on police operations.
16. M&O – No comments.
17. Construction Inspection – No comments.
18. 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 an “Across the Fence” methodology which
values the subject right-of-way at $17,000.00. The right-of-way has been right-of-way
for more than 25 years and was provided through warranty deed associated with King
County Short Plat No. 976023 in 1976 and annexed into Auburn city limits in 2000.
Recommendation:
Staff recommends that the street vacation be granted subject to the following
conditions:
Page 20 of 22
4 of 4
December 4, 2023
VAC23-0001 Staff Report
1. An easement shall be reserved for existing and future City water facilities.
2. An easement shall be reserved for Puget Sound Energy electric facilities.
3. An easement shall be reserved for Comcast cable facilities.
4. The existing easement in place under KC Recording No. 5662631 dated October
31, 1963 for access and utilities to the northern parcel that was created prior to
the ROW being dedicated as ROW shall remain in place and will survive the
vacation of the ROW.
5. Staff recommends that compensation for the value of the right-of-way not be
required as it was initially deeded as right-of-way associated with development of
a short plat at no cost to the City.
Page 21 of 22
VAC23-0001 - 108th Ave SE Printed On: 12/5/2023
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.
1:22570200400
ft
WGS84 Web Mercator (Auxiliary Sphere)
Approximate location of
proposed Vacation Area
31410 108th Ave SE
PSE Power Poles in close proximity
to the proposed Vacation Area
Lea Hi
l
l
R
o
a
d
S
E
108th Avenue SESE 313
t
h
S
t
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