Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutCouncil PKT 10-17-2017 RegularCITY OF
116,
Federal Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
October 17, 2017 — 7:00 p.m.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. USA Special Olympic Games 2018 Presentation
b. Mayor's Emerging Issues and Report
• Community Events: Annual Kiwanis Oktoberfest for Inclusion (10/6); Advancing
Leadership "Evening with the Stars" (10/7); Federal Way Public Academy 9th
Grade Visit (10/6); SHAG Community "Meet the Mayor" (10/11).
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: October 3, 2017 Special and Regular ...page 3
b. Parks and Recreation Program Guide ...page 14
c. Target Corporation Grant for the Federal Way Police Department's Crime Prevention
program ...page 16
d. Purchase a new Radar Speed Trailer with Traffic Safety Funds ...page 22
e. South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project
— Project Acceptance ...page 30
f. S 320th Street @ 20th Avenue S Intersection Improvement — Project Acceptance
...page 33
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers
are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government
Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
g. Sacajawea Middle School Safe Route to School Project — Project Acceptance
...page 35
h. Lakota Park Stormwater Facility Repair Project - 30% Design Status Report ...page 37
6. PUBLIC HEARING
a. Self- Storage Moratorium (Ordinance #17 -838) ...page 39
• Staff Report — Doc Hansen, Planning Manager
• Citizen Comment — 3 minutes each
• Council Discussion /Questions
7. COUNCIL BUSINESS
a. Adjust the Start Time of November 7, 2017 Regular Meeting to Begin at 6:00 p.m.
...page 43
b. Youth Commission Appointment ...page 44
c. Ethics Board Appointment ...page 45
d. Planning Commission Appointment ...page 46
8. ORDINANCES
First Reading:
a. Council Bill #728 /Refinance of Target Property ...page 47
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
ISSUANCE AND SALE OF A LIMITED TAX GENERAL OBLIGATION BOND IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $6,400,000 TO BE USED TO REPAY THE CITY'S LIMITED TAX
GENERAL OBLIGATION BOND ANTICIPATION NOTE, 2014; FIXING OR SETTING
PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BOND;
APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS
OF THE SALE OF THE BOND; AND PROVIDING FOR OTHER RELATED MATTERS.
9. COUNCIL REPORTS
10. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers
are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government
Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
COUNCIL MEETING DATE: October 17, 2017 ITEM #: 5a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes for the October 3, 2017 Regular and
Special City Council Meetings.
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent
111 City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Attachments:
DEPT: Mayor's Office
Draft minutes for the October 3, 2017 Regular and Special City Council Meetings
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL:
Committee Council Initial /Date
Initial /Date Initial /Date
COMMITTEE RECOMMENDATION: N/A
N/A N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: `7 move approval of the minutes as presented."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2016 RESOLUTION #
CITY OF
v.- Federal Way
CITY COUNCIL
SPECIAL MEETING AGENDA
Council Chambers - City Hall
October 3, 2017 — 6:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:02 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. EXECUTIVE SESSION
Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose
of discussing potential litigation pursuant to RCW 42.30.110(1)(i).
• Potential Litigation pursuant to RCW 42.30.110(1)(i)
3. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 6:10 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 1 of 1
October 3, 2017
CITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
October 3, 2017 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:02 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Boy Scout Troops #398 and #336 led the flag salute.
Mayor Ferrell called for a brief moment of silence to honor those who lost their lives in the recent Las
Vegas attacks.
3. PRESENTATIONS
a. Sound Transit/City Vision
Public Works Deputy Director EJ Walsh presented background information on the Sound Transit
Project and highlighted they are currently at the approximate half -way point from 2012 in the
development stage to 2023 start of service. The project schedule is currently at final Sound Transit
engineering (35% overall) for bidding and preparation of a Development Agreement. In late 2018 the
successful bidder will be responsible for final design, permitting, and construction.
Based on feedback from Council, City Committees, technical staff, community partners as well as the
requirements in the Federal Way Revised Code, the Comprehensive Plan, and Engineering
Standards of Practice, a "City Vision" for this project was developed.
This plan is then divided into three categories which include:
Code Based Requirements:
• Conform to City Code
• Ensure adequate lighting around facility
• Provide for Safe City Camera Infrastructure
• Work to identify a safe train crossing of the BPA line
• Provide ADA pathways to and around the station
• Provide a facade modulation and covered area
Federal Way City Council Regular Minutes Page I of 9
October 3, 2017
• Provide adequate bicycle storage
• Provide retail space within the garage
• Provide a livable downtown
Ongoing Items:
• Development Agreement
• Safe City Cameras
• Police Substation
• Security Patrols
• Pedestrian Crossing (320th and 21st)
• Citizen involvement related to Art
• Staging Property
Open Items:
• Parking Stalls
• Joint Parking Structure
• Utilize new technologies to reduce power consumption
Additional Items Sound Transit has agreed to:
• S 317th Street — from 23rd Ave S Roundabout to 28th Ave S Roundabout, reconstruct to
a concrete roadway
• 22nd Ave — between S 319th St and S 320th St, reconstruct to a concreate roadway
• Roundabout at S 317th St and 23rd Ave S — Reconstruct intersection to an enlarged
roundabout to increase traffic circulation and reduce queuing in the area.
Mr. Walsh noted city staff is very involved and working on technical review and the applicability of city
standards regarding the project. They will continue to work with Sound Transit to prepare a
Development Agreement for Council review and approval, and provide input on the bidding process.
Mayor Ferrell and Council thanked Mr. Walsh for the presentation.
b. State Auditor's Report
Finance Director Ade Ariwoola gave a briefing to Council regarding the most recent State Auditor's
Report. While the report does have a finding, the finding is based on process and has no financial
implications or impact. The Auditor's Office has concluded the internal processes and the lack of
documentation of debarment and bidding the Performing Arts & Event Center project after accepting
Federal HUD Section 108 dollars. This finding is solely related to internal controls over major
programs when accepting federal dollars.
Mr. Ariwoola noted the cost of internal control should not exceed the benefits expected to be derived.
At the point this decision was made, 1/3 of the architectural work had been completed and a delay in
the bid (to meet the federal requirement) would have delayed the project, increased the design cost,
lost over $1.54 million already incurred in design cost and increased the total project cost.
The State Auditor's Office has acknowledged this procedure is a federal requirement and not a state
requirement. This finding is not a financial finding and as such, has no cost to the citizens and is not a
finding of financial impropriety; this is a procedural correction. The city has made changes to and
modified the process to prevent a future occurrence.
Mayor Ferrell and the Council thanked Mr. Ariwoola for his briefing.
Federal Way City Council Regular Minutes Page 2 of 9
October 3, 2017
c. Mayor's Emerging Issues and Report
• Update on Camp Kilworth
Community Development Director Brian Davis gave a briefing on the history and current status of the
Camp Kilworth property in response to citizen comments at the previous Council Meeting. The
property is 29.3 acres and is zoned Suburban Estate Residential (5 acre minimum lot size). The
property was deeded to the Boy Scouts in 1934 with a restricted use of scouting purposes. The Boy
Scouts have attempted to offload the property since 2005, due to lack of profitability, and officially
closed the camp in March 2016.
Mr. Davis highlighted the park acquisition criteria from the City Council adopted Federal Way Parks,
Recreation and Open Space Plan. In order to follow the criteria for acquiring additional park space,
the need would be in response to an important gap in the park system or an urgent need. The
Community Park standard is 2.8 acres for every 1,000 in population. Based on Federal Way's current
population the need is 270 acres of Community Park; the city currently holds inventory of 309 acres.
He summarized the majority of the adopted criteria must be met for an acquisition to be considered.
These criteria include:
1. Need
2. Unsanitary conditions, code violation, visible deterioration
3. Funding availability
4. Detriment to operations if acquisition deferred
5. Conforms to adopted plans.
Mayor Ferrell and Councilmember thanked Mr. Davis for his thorough presentation.
• IRG Status Update on Applications and Pre - Applications
Community Development Department Brian Davis gave a presentation to Council regarding the IRG
property (former Weyerhaeuser Property). He highlighted the status of the Warehouse "A" project
(former Preferred Freezer project). The application was originally submitted in June 2016; with
resubmittals in August 2016, April 2017, and August 2017. The proposed project consists of
construction of a 225,950 sq ft warehouse with associated site improvements. This application Is
currently under review by staff; another public comment period will occur when the threshold
determination is issued. Use Process III Decision and SEPA determination are appealable to the
Hearing Examiner.
Mr. Davis also briefed the Council on the Greenline Warehouse "B" project which was submitted on
September 1, 2017. This project is a proposed 217,300 sq ft warehouse with associated site
improvements. This application process also follows a Use Process III /SEPA; which are appealable to
the Hearing Examiner.
IRG has also submitted Boundary Line Adjustments for the Headquarters Building and Technology
Center. The application for the Headquarters Building was originally received in March of 2017, and
included resubmittals in July 2017 and September 2017. The Technology Center application was
received in January 2017; resubmittals were received in April 2017 and September 2017. These
applications are currently under review by staff with no decision date set.
He explained the pre - application process and the status of inquiries regarding the Greenline Business
Park (includes former KG Investment Project). A meeting has been scheduled for October 19, 2017.
Mr. Davis clearly outlined the typical application processing timeframes and potential issues which
can impact and delay these standard timelines. Longer timeframes can be affected by factors
Federal Way City Council Regular Minutes Page 3 of 9
October 3, 2017
including: complexity of the project; size of the project /site; thoroughness of materials submitted;
timeline of resubmittals from applicant; public comment; number of other projects the city is currently
processing and staffing levels.
Councilmembers thanked Mr. Davis for this presentation and asked various clarifying including the
reason for the boundary line adjustments; the number of city staff working on these projects; and
traffic impacts on the city and immediate surrounding neighborhoods and areas. Councilmembers
also asked if the city has done a market study to see if the region is in need of additional warehouse
space.
• Update on Code Compliance Concerns
Community Development Director Brian Davis gave a brief presentation to the Council in response to
citizen questions raised at the last City Council meeting regarding a stop work order on the Ellingson
property. Mr. Davis reported Mr. Ellingson has four properties and the city approved a limited tree
removal on one of the four properties on July 2016.
A complaint was recently received regarding tree removal and grading on a separate property. Mr.
Davis noted the file number was incorrectly listed from the file as the original permit number issued in
2016. He noted the Ellingson's have been notified action will be taken at the owner's expense to
restore the property if the report and restoration plan is not received by October 6, 2017.
Councilmembers thanked Mr. Davis for the update. Councilmember Honda asked what steps can
be taken by citizens when they see illegal activity such as tree cutting on weekends. Mr. Davis
noted even with a Code Enforcement Officer present, they can only post the property; the police
department would have to be involved if the activity continued.
Mayor Ferrell allowed Suzanne Vargo to comment, as this report is in response to her prior citizen
comments. Ms. Vargo is concerned Mr. Ellingson has continually demonstrated unwillingness to
comply with the laws and regulations. She feels he is purposely misleading the city.
• Community Events
Mayor Ferrell reported on the successful 25th Anniversary Celebration Korean Community Meeting at
the Performing Arts and Event Center on September 21; the Federal Way Farmer's Market Chili
Cook -Off on September 23. He noted Advancing Leadership is hosting the annual "Evening with the
Stars" Fundraiser on October 7 at 5:30 p.m. at Federal Way Community Center; and the annual
Kiwanis Oktoberfest fundraiser for the city's Inclusion program will be held this Friday.
4. CITIZEN COMMENT
Lori DeVore spoke on behalf the Friends of Camp Kilworth and the preservation of the remarkable
property. She understands that there are complications but asked that the Council keep their open
minds to possibilities.
Mary L. Ehlis thanked the Mayor and Council for listening and being responsive as she has talked
about Camp Kilworth over the years. She reported the Pacific Harbors Council has abdicated their
responsibility towards the property by pulling the ranger from the site leaving it vulnerable. It has been
posted as private property which prohibits neighbors from helping protect the neighborhood.
Mayor spoke to the Camp Kilworth property and its importance. He indicated that he will ask
staff to reach out to the Boy Scouts who have possession of this property and ask them to
Federal Way City Council Regular Minutes Page 4 of 9
October 3, 2017
secure the historic building from loss.
Twylia Westlinq, resident of Northeast Tacoma and founding member of Advocates for a Cleaner
Tacoma, has a responsibility as a Anishinaabewe or Ojibwe woman to protect the environment and
the Salish Sea. She spoke against the LNG Plant and the risks involved with their development.
David Lonq, student of Lakota Middle School and member of Boy Scout Troop #398, expressed his
hopes the City Council can vote to buy the camp and use it for youth activities.
Dana Holloway stated that the current Industrial Realty Group (IRG) applications and pre - applications
do not adhere to the concomitant agreement or the current zoning. She expressed a concern with the
timing of the pedestrian crosswalks at S 320th Street and Pacific Highway South indicating there is not
enough time to cross the street. She also asked if the proposed Sound Transit station will have public
restrooms.
Mayor Ferrell noted the bathroom question is a topic that is being discussed.
Lori Sechrist, President of the Save Weyerhaeuser Organization, thanked Community Development
Director Brian Davis for the comprehensive report provided during the presentation portion of the
meeting. She wants to relay this is a regional concern, not just the Northlake Neighborhood. She
highlighted the potential traffic impact of the warehouse proposals.
Nanette Reetz has lived in Browns Point for 26 years and owns the UPS Store in Twin Lakes. She
attended the May 2 City Council Meeting regarding LNG /Puget Sound Energy. She asked again for a
study session and for the mayor and council to be good environmental stewards.
Jerry L. Graham spoke regarding the taxes already collected for the Sound Transit Extension Project
and wondered where that money has gone. He also asked if the City would work with IRG to develop
a corporate park rather than warehouses.
Kian Craig, member of Boy Scout Troop #398, asked Council to save Camp Kilworth stating it would
mean a lot to many Boy Scouts.
James Weber, member of Boy Scout Troop #398, shared that Camp Kilworth is more than a historic
place but an amazing impactful place; he has learned so many things.
Mikey Blake, member of Boy Scout Troop #398, stated that they all want to save Camp Kilworth for
themselves and upcoming generations. He has not only learned great skills but has had fun and
developed his personality.
Mayor Ferrell announced State Representatives Mike Pellicciotti and Kristine Reeves were in
attendance.
Leanne Schock, an Eagle Scout mom from Boy Scout Troop #692 and Board Member with Camp
Curran Community Association, shared her experience with the promised closure of Camp Curran.
They were able to save their camp and hopes the Friends of Camp Kilworth will be able to do the
same.
Gretchen Paletta is related to the Kilworth family but has had no involvement with the foundation until
this point. She shared the history of Mr. Will Kilworth and his vision for Camp Kilworth.
Bryan Tabrum spoke to save Camp Kilworth as a veteran of the United States Armed Forces. He
invited those in attendance to watch video of the Rotary Lodge dedication from 1936 where Mr. Will
Federal Way City Council Regular Minutes Page 5 of 9
October 3, 2017
Kilworth indicated the camp was to teach patriotism, scout skills, self - reliance, and kindred virtue. He
shared his scouting experience helped prepare him for his deployment.
Lynne Long outlined the fight that has been ongoing to preserve and save Camp Kilworth. She
indicated that big money is to be made by compromising the earth and that it is a time to take a stand.
Steven Storms, lives in Northeast Tacoma and worked for Weyerhaeuser, came to alert Council to the
risk the liquefied natural gas (LNG) both safety -wise and economically.
Suzanne Vargo outlined the corporate park zoning included within the concomitant agreement for the
former - Weyerhaeuser Property. She questioned why the letter of the law is not being upheld.
Betty Taylor provided an update on her Lei Project and thanked those who have helped through
donation and assembly. The leis are being sent world -wise and most currently to Houston through
World Vision.
Letter read into the record by City Clerk from Paul McDaniel asking questions regarding the
Performing Arts and Event Center (PAEC) financing and the city budget.
5. CONSENT AGENDA
a. Minutes: September 19, 2017 Regular Meeting
b. Printer Maintenance Contract Award
c. Performing Arts & Event Center (PAEC) 2017 -2018 Season Passport Printing and Mail
Services
d. Performing Arts & Event Center (PAEC) Art Installation Contract Ratification
e. Monthly Financial Report - July 2017
f. Monthly Financial Report - August 2017
g. Vouchers - July 2017
h. Vouchers - August 2017
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -H
AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as
follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
6. COUNCIL BUSINESS
a. Brito Settlement
City Attorney Ryan Call noted the Council has been briefed on this claim which has been reviewed
and evaluated by staff.
DEPUTY MAYOR BURBIDGE MOVED TO AUTHORIZE STAFF TO SETTLE THE BRITO CLAIM IN
Federal Way City Council Regular Minutes Page 6 of 9
October 3, 2017
THE AMOUNT OF $30,000; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed
unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
b. Interagency Agreement Amendment and Funding Approvals with Washington State
Department of Enterprise Services and Interfund Loan Authorization for the LED Street
Light Conversion Project
Deputy Public Works Director Desiree Winkler briefed Council on the LED Street Light Conversion •
Project and the use of an interfund loan. Ms. Winkler noted in January 2017 Council authorized staff
to apply for a Department of Commerce Energy Savings Grant and enter into an Interagency
Agreement with Washington State Department of Enterprise Services to complete the Investment
Grade Audit. Council accepted the DOC Energy Savings Grant in the amount of $350,000 in July
2017.
Ms. Winkler noted the LED Street Lights use far less energy with a minimum of 55 -60% energy
reduction, provide superior illumination, require less maintenance than high pressure sodium lights
(HPS) and are easily controlled for dimming purposes.
She noted the Washington State Department of Enterprise Services (DES) program supports public
agencies in completing energy savings projects. The energy utility dollars saved and utility rebates are
used for project costs; the consultant guarantees maximum construction cost and energy savings are
achieved.
DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULES OF PROCEDURE AND
EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE SECOND. The motion
passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
Deputy Director Winkler reviewed the replacement costs including the 2,342 city owned streetlights,
Puget Sound Energy LED Conversion Construction (including capital for lights, arms, and poles;
electricity; and maintenance); Street Light Controls; and Project Contingency.
Councilmembers thanked Ms. Winkler for the presentation. Councilmember Honda is concerned
with the interfund loan and assuming a cost savings; she would like to have more time to study
this.
COUNCILMEMBER HONDA MOVED TO TABLE THIS PROPOSAL. Motion died for a lack of a
second.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE INTERAGENCY AGREEMENT TO
COMPLETE THE DESIGN AND CONSTRUCTION FOR CITY OWNED LED STREET LIGHT
CONVERSION IN THE AMOUNT NOT TO EXCEED $2,031,541, AND AUTHORIZE STAFF TO
UTILIZE AN INTERFUND LOAN UP TO $2,500,000 FOR ALL PHASES OF THE LED STREET
Federal Way City Council Regular Minutes Page 7 of 9
October 3, 2017
LIGHT CONVERSION PROJECT; COUNCILMEMBER MOORE SECOND. The motion passed 6 -1;
Honda dissenting.
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda no
7. COUNCIL REPORTS
Councilmember Assefa- Dawson attended the showing of the Homestretch documentary at the King
County Library with Deputy Mayor Burbidge. She shared that it was a great experience that provided
hope. Last Sunday she volunteered at the We Love Our City Event with approximately 300 people.
She shared her own experience with increased rent and asked Council to work towards finding a
solution for her and others in a similar situation.
Councilmember Celski attended the Korean Quarterly Meeting and learned a lot about their influence
over the city for the past twenty -five years. During this meeting each director gave a report which he
found to be witty, humorous, informative, and entertaining. He asked people to save the date for the
MSC Helps Luncheon scheduled for Thursday, October 19 at Emerald Downs.
Councilmember Honda announced the 3rd Oktoberfest on October 6 which raises money for the
Inclusion Program at the Community Center. She shared her vision for Camp Kilworth including the
city take over the property for ten years keeping the camp open with the scouts maintaining the camp.
She would like to get more information on the LNG plant and have a study session regarding the
potential impact to our residents.
Councilmember Koppang spoke regarding the We Love Our City and the 300 -400 individuals who did
acts of service throughout the city. He is on the board of Advancing Leadership and announced the
Evening with the Stars event on October 7th at the Community Center. He reminded everyone that
Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee meeting is scheduled
for October 10 at 5:00 p.m.
Councilmember Moore thanked a friend in the audience for accompanying him at the State
Legislature. He thanked the Weyerhaeuser Coalition for their approach to the ongoing issue and
indicated that he listens intently to their ongoing feedback. He thanked the Boy Scouts for their
attendance and desire to save Camp Kilworth.
Councilmember Duclos shared she also supports Camp Kilworth, not just for the Boy Scouts but also
for the Girl Scouts and other citizens in the community who would like to enjoy some open space. She
would like to see more parks and preserved undeveloped land. She indicated that the city is doing
everything to make sure IRG is following the agreements, but that times have changed and the
owners do not have the same vision.
Deputy Mayor Burbidge announced the next meeting of the Lodging Tax Advisory Committee (LTAC)
Meeting is scheduled for October 11 at 10:00 a.m. She agreed with CouncilmemberAssefa - Dawson's
report on the documentary and appreciated the guests invited by the library to share information and
resources. She enjoyed volunteering with the We Love Our City on. She will attend the Puget Sound
Gateway Committee meeting tomorrow morning regarding the planning and implementation of the
Highway 167 and 509 projects. She also announced choral and symphonic concerts to be held in the
upcoming weeks.
Federal Way City Council Regular Minutes Page 8 of 9
October 3, 2017
8. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:25
p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 9 of 9
October 3, 2017
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5b
SUBJECT: PARKS AND RECREATION PROGRAM GUIDE
POLICY QUESTION: Should the City accept the bid results for the printing and mailing of the 2018 Parks and
Recreation Program Guides and authorize the Mayor to enter into a contract with Consolidated Press?
COMMITTEE: PRHSPSC
MEETING DATE: 10/10/17
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Cody Geddes, Recreation Supervisor
Attachments: Memorandum
Options Considered:
1. Authorize a bid award for the printing and mailing of the 2018 Parks and Recreation Program Guides in the
amount of $47,878.60 to Consolidated Press and authorize the Mayor to execute said agreement.
2. Do not authorize a bid award for the printing and mailing of the 2018 Parks and Recreation Program Guides
and provide direction to staff.
DEPT: Parks
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: /42-71/•7
ee 1 DIRECTOR APPROVAL: /1.4 gi (Lc.
Co ttee Counci % / 7 Initial/Date
Initial/Date Initial/D e
COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for the printing and
mailing of the 2018 Parks and Recreation Program Guides in the amount of $47,878.60 to Consolidated Press
and authorize the Mayor to execute said agreement and forward to the October 17, 2017 Full Council consent
agenda for approval.
PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the printing d mailing of
the 2018 Parks and Recreation Program Guides in the amount of $47,878.60 to Consolidated Press and
authorize the Mayor to execute said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF
■. Federal Way
Parks Department
Date: Sept 26, 2018
To: PRHSPS Council Committee
Via: Mayor Jim Ferrell
John R Hutton., Director of Parks.
From: Cody Geddes, Recreation Supervisor
Subject: Parks and Recreation 2018 Program Guides
Background:
Staff solicited bids for the printing and mailing of the 2018 Parks and Recreation Program
Guide.
Staff sent out to four printing companies that have worked on our program guides in the
past. Two sent in formal quotes. Below are the quotes on a 52 page guide with 40,000
printed. Bulk mailing is the standard USPS bulk mail rate.
1. Consolidated Press $7,822 Per Catalog
2. Rotary Offset Press $7,906 Per Catalog
Recommendation:
Staff evaluated the responses to this RFQ, and recommends awarding the bid to the
lowest responsible bidder, Consolidated Press.
Financial Summary:
$23,726.00 Catalog printing
$19,800.00 Bulk Mailing prep, postage, and drop
$ 4352.60 10% Contingency (change in bulk mail addresses or more guide copies)
$47,878.60 Total Council approval request.
Note: This bid amount is within the annual budgeted recreation marketing, advertising,
printing, and postage. (001-7200-352-571-10-___)
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5c
SUBJECT: Target Corporation Grant.
POLICY QUESTION: Should the City of Federal Way accept $1,500.00 in funds from the Target Corporation
to support the Federal Way Police Department's Crime Prevention Program?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: 10/10/17
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent
❑ City Council Business
Ordinance
❑ Resolution
�f Public Hearing
❑ Other
STAFF REPORT BY: CRIME ANALYST /PREVENTION COORDINATOR ROY
Attachments:
1. PRHS & PS Memo
Options Considered:
1. Accept the Target Grant Proposal
2. Reject the Target Grant Proposal _.._.._____............_.
MAYOR'S RECOMMENDATION: 1— Accept the Target Grant Proposal
MAYOR APPROVAL:
DEPT: Police Department
DIRECTOR APPROVAL:
h
Initial
COMMITTEE RECOMMENDATION: "I move to forward the proposal to accept funding in the amount of
$1,500.00 from the Target Corporation Grant program for the Federal Way Police Department's Crime
Prevention program, to the October 17, 2017, ouncil Co ent Agenda."
Committee ember
PROPOSED COUNCIL MOTION: "I move approval of the request to accept funding in the amount of , ,500.00
from the Target Corporation Grant program for the Federal Way Police Department's Crime Prevention
Program.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 10, 2017
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Target Corporation Grant.
Background
Based on the Federal Way Police Department's outstanding work in the community, Target has
invited the Federal Way Police department to apply for a $1,500.00 grant.
Proposal
The Federal Way Police Department's Police Officers and Crime Prevention Unit often attend
community events, school events, and recruiting events. At these events Police Department
Personnel use an unmarked plain white tent and a well -worn table cloth with the police
department's patch. If approved this grant would be used to purchase a 10x10 tent with walls,
which will include the police department's name and patch printed on them. A new police logo
table cloth will also be purchased. It is anticipated that there will be funds remaining from this
purchase and we plan to use it towards t -shirts for the Crime Prevention Unit's Youth Academy
in the summer of 2018.
The Target Corporation invited the Federal Way Police Department to apply for this $1,500
grant. There are no reporting requirements for this grant.
I propose we accept the funding from the Target Corporation.
1
8/16/2017 Target Corporate
Welcome to our Online Grant Application
Confirmation of Application Receipt:
Logout
Your proposal was successfully submitted to the Target. No further action on your part is required and you can
expect to receive notice of your proposal's status shortly. To print a copy of this completed application go to
'File', then 'Print' on your browser toolbar. Click here to return to the homepage when you are finished.
Contact Information
* Prefix Captain
* First Name Stan
* Last Name McCall
Suffix
* Title Commander
* Telephone 253- 835 -6715
* E -mail Address Stan.McCall @cityoffederalway.com
* Contact Type Organization Leader
Organization Information
Official Name
AKA Name Federal Way Police
* Street Address or P.O. Box 33325 8th Ave S
* City Federal Way
* State Washington
* Zip /Postal Code 98003
* 4 -Digit Extension 6325
* Organization Website www.cityoffederalway.com /police
Facebook https : / /www.facebook.com /FedWayPD/
Twitter https: / /twitter.com /fedwaypd
Instagram
* Mission Statement The Federal Way Police Department strives to serve the
community by taking a
https: / /www.cybergrants.com /pls/ cybergrants /ao_application.submit_app 1/4
8/16/2017 Target Corporate
stand against crime through proactive enforcement, innovative
methods of
* Year Established
* Organization Type (US)
Government Information
Letter?
Government Information Letter
(file)
protection, and continuous education. We are committed to
forward thinking
through the evaluation of current practices and the impacts
created within the
organization, the criminal justice system, and the community. We
expect
individuals to act with integrity and be accountable for their
successes and
failures. We will be lead by our dedication to high standards,
effective
communication, dependable and resilient teamwork, and
thoughtful respect for
our diverse community as we learn to grow as professionals and
as an esteemed
police agency.
1996
Government: Police /Law Enforcement
No
• FederalTaxlDLetter.pdf (253.04 K), uploaded by Michelle
Roy on 08/16/2017
Organization Request Details
* Organization History
* Organization Goals
* Organization Changes
* Total Operating Budget
* Change In Net Assets ($)
The Federal Way Police Department was created in 1996 to
provide a police force committed to providing services to the
community in a manner governed by the department's mission
statement and guiding principles.
Our goals are to enforce the laws of the city of Federal Way and
the State of Washington, protect our citizens, and educate our
citizens on crime prevention strategies.
In the past year our population continued to grow and we have
seen a significant increase in needs for homeless /transient
individuals. Now that our agency is 21 years old, we are seeing
more retirements and we are trying very hard to recruit more
police officers to replace them. With the Seattle economy
booming and unemployment so low, it has been hard to draw
people into a law enforcement career. We are committed to keep
tackling these issues and are working towards positive solutions.
We recently started a Youth Safety Academy targeting high
school aged students. This academy introduces the field of law
enforcement to high school students. Our hope is that after they
graduate college they will consider law enforcement as a career.
2016 = $53,420,425 and 2017 = 59,056,064
$5,635,639.00
https: / /www.cybergrants.com /pls/ cybergrants /ao_application.submit_app 2/4
8/16/2017 Target Corporate
* Total Unrestricted funds $0.00
* Sources of Revenue Property Taxes
Utility Taxes
Sales Tax
Fines
Licensing & Permits
Federal Grants
Target Involvement No
* Current Elected Official No
Target Board Members No
* Non - Target Board Members None
Are any of your board No
members and /or leaders a
decision maker at Target?
Proposal Details
* Group /Region /Distribution G198
Center
* Request Amount $1,500.00
Project/Program Title Youth Academy
* Project/Program Start Date 06/25/2018
* Project/Program End Date 06/29/2018
* Program Area Law Enforcement Partner
Year Project/Program was 2015
first implemented
* Total Project/Program Budget $1,500.00
* Primary Project/Program Police Logo 10x10 tent with walls & table cloth = $1,000
Expenses
Police Logo Youth Academy T -shirts = $300
taxes, shipping = $200.00
* Project/Program Description Police Department members attend community & school events
to promote positive relations. We have a new program targeting
high school aged students called the Youth Academy. This
program helps police build positive relationships with high school
students, expose them to the career in law enforcement, and
provide information about how they themselves can partner with
other community organizations.
* Corporate Benefits? No
Volunteer Opportunities? No
https: / /www.cybergrants.com /pls/ cybergrants /ao_application.submit_app 3/4
8/16/2017
* Estimated Number of People
Served
* Ethnicity
Economically Disadvantaged
Description
Economically Disadvantaged
Measurement
* Gender
* Age Groups
Target Corporate
Demographics
95188
1% American Indian or Alaskan Native
14% Asian
12% Black or African American
3% Native Hawaiian or Other Pacific Islander
57% White or Caucasian
7% More than one Race /Ethnicity
6% Racial /Ethnic group not specified above
We use data from the US Census Bureau
We use data from the US Census Bureau
52% Male
48% Female
6% Babies/Toddlers (under 5)
5% Elementary Students - Grades K -5 (5 -10 years old)
7% Middle School Students - Grades 6 -8 (11 -14 years old)
7% High School Students - Grades 9 -12 (15 -18 years old)
6% Young Adult (19 -25 years old)
57% Adults (26 -64)
12% Senior Citizens (65 years old and over)
Population Served by this Project/Program Checkbox
None of the Above
* Key Metrics
Additional Files
Additional Information
Our plan is to promote the Federal Way Police Department in a
professional manner. We would use the FWPD logo tent and
table cloth not only for the Youth Academy, but also various
community events that police officers participate in to get to know
our community members. The t -shirts for the Youth Academy will
also provide a professional look for our participants. They can
proudly wear their t -shirts in the community and we hope other
community members will start a conversation with them about this
great program. I believe our measure would be increased
participation /attendance from the community in police department
events.
Need Support?
Copyright © Target 2017. All Rights Reserved
https: / /www.cybergrants.com /pls/ cybergrants /ao_application.submit_app 4/4
COUNCIL MEETING DATE: October 17, 2017 ITEM #: 5d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PURCHASE A NEW RADAR SPEED TRAILER WITH TRAFFIC SAFETY FUNDS
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department purchase a new radar
speed trailer from Kustom Signals, Inc.?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Oct. 10, 2017
SAFETY COUNCIL COMMITTEE (PRHS &PSC)
CATEGORY:
® Consent
❑ City Council Business
Ordinance
Resolution
Public Hearing
Other
STAFF REPORT BY: LIEUTENANT B. SCHULZ
Attachments:
1. PRHS &PSC Memo
2. Kustom Signals, Inc. quote
3. Stalker Radar quote
4. All Traffic Solutions quote
Options Considered:
1. Accept (Purchase a new speed trailer)
2. Reject (Do not purchase a new speed trailer)
DEPT: Police Dept.
MAYOR'S RECOMMENDA ION: 1 — Accept (Purc, . se a new speed trailer)
MAYOR APPROVAL:
DIRECTOR APPROVAL:
Co mitte / uncil /
Initial/Date Initial/Date
Initial /Date
COMMITTEE RECOMMENDATION: "I move to forward the purchase of a speed trailer for the Federal Way
Police Department to the October 17, 2017, Co s ' nt A enda or approval"
mittee Chair' Committe Member
Committee 'rt ber
PROPOSED COUNCIL MOTION: "I move approval of the purchase for a new Kustom Signals, Inc. RT 850
speed trailer using traffic safety funding."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 10, 2017
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Radar Speed Trailer
The Federal Way Police Department responds to a variety of traffic related complaints. One of
the most common is for speeding vehicles. Despite impacting known problem areas through
consistent deployment of resources, police officers cannot monitor a location twenty -four hours a
day seven days a week. Therefore, utilizing a radar speed trailer has been a valuable tool to our
department. They alert and educate drivers that adjustments need to be made to their driving
pattern. A speed trailer can accomplish this by displaying an approaching vehicle's speed,
flashing warnings such as "SLOW DOWN ", or using red -blue flashing bars, etc. A speed trailer
can also record valuable traffic related data and remain in a neighborhood indefinitely if a
significant problem is identified.
The City of Federal Way originally purchased a radar speed trailer for the police department in
1997. Unfortunately, in 2016 it stopped working after many years of service. Due to its age and
old technology the cost of repairing it was too excessive to justify. However, purchasing a new
speed trailer would restore this lost asset to the traffic unit and allow the police department to
better service speeding complaints.
Lt. B. Schulz obtained quotes from Kustom Signals, Inc., Stalker Radar, and All Traffic
Solutions. After reviewing them he recommended the Kustom Signals, Inc. SMART 850 Speed
Trailer. Their bid was not the lowest but Kustom's speed trailer appears to offer the best
technology available, easiest towing/deployment capability, and would be the best suited for
current and future use. Lt. Schulz also recommended including the 140W solar option with the
purchase that way the trailer could be easily moved from one location to another without having
to charge the battery between deployments. To help protect the city's investment other options
worth considering with this purchase include the motion alarm, GPS asset tracking system,
locking lug nuts, hitch lock, wheel lock, and a trailer cover. The Kustom Signals, Inc. SMART
850 Speed Trailer could be paid for through the use of traffic safety funds since this equipment
will be specifically used for traffic safety and education.
1
Icccccccc
KUSTOM SIGNALS, INC.
9652 Loiret BFM, Lenexa, KS 6621'9,2406
913492 -1400 Fax 913 -4922 -1703
sal est,kustomsignals.00m she w.kuaaata ignala_oom
Date 09/20/2017
To... LIEUTENANT SCHULZ
FEDERAL WAY POLICE DEPARTMENT
P.O. BOX 9718
33325 8TH AVE SOUTII
FEDERAL WAY WA 98003
Quotation
Quote # 833999929047MT
Terms Per Approved Terms
This Quote Expires on 12/19/2017
Phone 253 -835 -6700
Fax 253- 835 -6899
Page 1 of 2
Qty Product Description
UnitPrice SubTotal
1 SMART 850+ Bundle (18" Display, Red /Blue & Slow Down Violator Alerts, & 59,305.25 59,305.25
Traffic Data Computer)
1 140 W. Solar (SMART 850/+ trailers) $879.00 $879.00
1 Alarm System $160.00 $160.00
1 Locking Lug Nuts (Set of two) $25.00 $25.00
1 2" Ball Coupler Lock Kit, Stainless Steel $49.00 549.00
1 Cable Wheel Lock
587.00 $87.00
1 Trailer Cover (Generic) $45.00 545.00
1 Shipping & Handling $674.00 $674.00
1 GPS Tracking Theft Deterrent System 5660.00 $660.00
Total
Signature
* Applicable Sales Tax Not Included. Seller may charge Buyer a 25% restocking fee.
Toll Free 800- 4KUSTOM (800- 458 -7866)
511,884.25
KUSTOM SIGNALS, INC.
TERMS AND CONDITIONS
1. APPLICABILITY. Unless otherwise specified in a
written bid, quote or contract, the following terms and conditions
shall apply.
2. PRICES AND TAXES. Prices will be Kustom
Signals, Inc.'s ( "Seller ") prices in effect on the date a purchase
order is accepted by Seller, and Seller may change its prices at
any time, in its sole discretion. All prices will be F.O.B.
Chanute, Kansas, and net of any duties, sales, use or similar
taxes, fees or assessments, and do not include shipping,
packaging or any insurance costs, all of which are Buyer's
responsibility.
3. PAYMENT. Unless otherwise provided on the face of
the invoice, payment is to be paid in US dollars and in
accordance with the Seller approved terms for Buyer. Partial
payments are not permitted unless authorized in writing. Partial
payments will be treated as non - payment. Each invoice is
independent from shipping sequence and disputes relating to
other invoices. Failure to pay an invoice within 30 days will be
considered a default.
4. DELIVERY AND PERFORM ANCE. Delivery dates
are approximate. Seller dis claims all liability for late or partial
delivery. Seller may deliver in such lots and at such times as is
convenient for Seller.
5. LOSS IN TRANSIT. Risk of loss will pass to Buyer
upon delivery of the goods to the carrier. In case of breakage or
loss in transit, Buyer will have notation of same made on expense
bill before paying freight. Seller may reject claims for shortages
not made within 15 days of Buyer's receipt of the goods.
6. TERM INATION, RESTOCKING CHARGES.
Buyermay terminate this purchase order for its convenience, in
whole or in part, by written, faxed or telegraphic notice at any
time. If Buyer terminates this purchase order for convenience,
Buyer will be liable to Seller for Seller's reasonable costs
incurred in the performance of this purchas e order that Seller
cannot mitigate. Unless otherwise agreed upon in advance in
writing by Seller, Seller may charge Buyer a 25% restocking fee,
if (a) upon approval by Seller, the Buyer retums any non -
defective goods covered by this invoice; or (b) prio r to shipment,
but after the goods are produced by Seller, Buyer cancels the
order for the subject goods .
7. WARRANTY. Seller's warranty is provided
separately.
8. LIMITATION OF LIABILITY. SELLER IS NOT
LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR
INCIDENTAL DAM AGES, OR ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF A SELLER REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS, DAMAGES, CLAIMS OR COSTS, NOR IS SELLER
LIABLE FOR ANY CLAIM BY ANY THIRD PARTY.
SELLER'S AGGREGATE LIABILITY UNDER OR IN
CONNECTION WITH THIS PURCHASE ORDER IS
LIMITED TO THE AMOUNT PAID FOR THE GOODS.
9. INDEMNIFICATION. Buyer will indemnify, defend
and hold Seller harmless from all losses, damages, liabilities and
costs, including attorneys' fees, incurred or sustained by Seller as
a result of any third party claim made against Seller, including a
claim by a customer of Buyer, arising from its negligent,
reckless, willful, or intentional actions in marketing and reselling
the goods.
10. EXPORT RULES. Exports and re- exports of the
goods may be subject to United States export controls and
sanctions administered by the U.S. Department of Commerce
Bureau of Industry and Security under its Export Administration
Regulations ( "EAR "). Buyer shall comply with all laws, rules and
regulations applicable to the export or re -export of goods
including but not limited to EAR which includes, among other
things, screening potential transactions against the U.S.
Govemment's (i) list of prohibited end users, and (ii) list of
prohibited countries. Buyer represents and warrants that (i) it has
not been charged with, convicted of, or penalized for, any
violation of EAR or any statute referenced in EAR §766.25, and
(ii) it has not been notified by any government official of
competent authority that it is under investigation for any violation
of EAR or any statute referenced in EAR §766.25.
11. MISCELLANEOUS. These terms and conditions,
together with any other written agreement between Buyer and
Seller, if any: (i) are the exclusive statements of the parties wit h
respect to the subject matter and supersedes any prior or
contemporaneous communications; (ii) may not be amended
except in writing executed by the parties and will prevail in any
case where the terms of Buyer's purchase order or other
communication are inconsistent; (iii) will be interpreted and
enforced in accordance with the laws of the State of Kansas,
without giving effect to principles of conflicts of law. These
terms and conditions are: (1) solely for the benefit of the parties,
and no provision of these terms and conditions will be deemed to
confer upon any other person any remedy, claim, liability,
reimbursement, cause of action or other right. Each party
consents to the exclusive personal jurisdiction of the state and
federal courts located in the State of Kansas for purposes of any
suit, action or other proceeding arising out of this Agreement,
waives any argument that venue in any such forum is not
convenient and agrees that the venue of any litigation initiated by
either of them in connection w ith this Agreement will be in either
the District Court of Johnson County, Kansas, or the United
States District Court, District of Kansas. If any provision of these
terms and conditions is unenforceable, the remaining provisions
will remain in effect. No waiver (whether by course of dealing or
otherwise) is effective unless it is made in writing and signed by
the party to be charged with such waiver. Unless otherwise
specified in writing, notices must be given in writing by
registered or certified mail, re turn receipt requested, addressed to:
Kustom Signals, Inc.
Attn: Sales Dept.
9652 Loiret
Lenexa, KS 66219
ALL TRAFFIC All Traffic Solutions Inc.
SOLUTIONS 12950 Worldgate Dr.,
Ste 310
Herndon, VA 20170
H;a
Phone: 814-237-9005
Fax: 814 - 237 -9006 Questions contact:
MANUFACTURER:
A sign of the future. Tax ID: 25- 1887906
Purchase Orders
3100 Research Dr.
State College, PA
16801
All Traffic Solutions
Amber Abdullah
QUOTE Q -30450
DATE /TIME: 9/19/2017 PAGE
2:58:55 PM NO: 1
Independent Sales Rep:
BILL TO:
City of Federal Way -WA
33325 8th Ave S.
Federal Way, WA 98003
Attn: Brigham Schulz
SHIP TO:
City of Federal Way -WA
PAYMENT TERMS: CUSTOMER: 210311 CONTACT: (253) 835 -2740
Net 30
ITEM NO: DESCRIPTION: QTY: EACH: EXT.
PRICE:
4000741 SpeedAlert 18 Radar Message Sign (RMS); base 1.00 $3,240.00 $3,240.00
unit w/ mounting bracket
4000647 App, Traffic Suite (12mo); Equip Mgmt, 1.00 $1,350.00 $1,350.00
Reporting, Image Mgmt, Alerts, Mapping and
PremierCare
4000767 Base Model CREDIT, speed display; requires min 1.00 ($540.00) ($540.00)
1 yr TraffiCloud Traffic Suite
4000874 All Options Activation: Bluetooth, Traffic Data, 1.00 $0.00 $0.00
Violator Alert, Pictures, ($3000 Value, requires
Traffic or Message Suite)
4000173 Trailer, ATS5 (select power separately) 1.00 $2,700.00 $2,700.00
4000635 Trailer Battery kit for ATS -5, 235Ah deep cycle 1.00 $445.00 $445.00
batteries w /cover, hold down, cables& hdwr
4000275 Solar panel, 60W; includes bracket for ATS -5 1.00 $805.00 $805.00
trailer and harness
4000740 Trailer Certificate of Origin 1.00 $0.00 $0.00
4000754 USB cable, 16ft, extra long for trailer or pole 1.00 $20.00 $20.00
4900041 crate, ATS -5 trailer shipping crate 1.00 $250.00 $250.00
4000641 Shipping 1.00 $850.00 $850.00
4000705 Sales Tax 1.00 $866.40 $866.40
Special Notes: SALES $9,986.40
AMOUNT:
SHIPPING:
TOTAL: $9,986.40
Duration: This quote is good for 60 days from date of Issue.
Shipping Notes: Unless shipping charges are specifically indicated, prices are FOB factory. Shipping charges may apply
Taxes: Taxes are not Included in quote. Please provide a tax exempt certificate or sales tax will be applied.
Warranty: Unless otherwise indicated, all products have a one year warranty from date of sale. Warranty extensions are a component of some applications that are
available at time of purchase. A Finance Charge of 1.5% per month will be applied to overdue balances. GSA GS- 07F -6092R
Authorization: By Signing below I indicate that I am authorized to commit my organization to the above.
Print Name, Title Signature Date
STAcxFR,ad:
applied concepts, inc.
855 E. Collins Blvd
Richardson, TX 75081
Phone: 972 - 398 -3780
Fax: 972- 398 -3781
National Toll Free: 1 -800- STALKER
QUOTE
#2012197
Page 1 of 1
Date: 09/1 9/1 7
Mike Scaglione Jeff Pulicella
Inside Sales Partner: 1 972- 801 -4856 Reg Sales Mgr: 1 972-834-4903
Effective From : 09/19/2017
Valid Through: 12/18/2017
Lead Time: 32 working days
Bill To: Customer ID: 103177
Ship To: UPS Ground
Federal Way Police Dept
33325 8th Ave S Lieutenant Brigham Schulz
Federal Way, WA 98063
Federal Way Police Dept
33325 8th Ave S Accounts Payable
Federal Way, WA 98063
Grp Qty Package Description Wrnty /Mo Price Ext Price
1
1 I
821 - 1000 -00 1Stalker SAM Trailer
24 I
$9,280.00
I $9,280.00
Ln Qty Part Number Description Price Ext Price
1
2
3
4
5
7
8
9
1
1
1
1
1
1
1
1
015 - 2532 -59
200 - 0880 -57
015 - 5345 -00
015 - 2328 -62
015 - 2354 -40
200 - 1173 -00
006 - 0569 -00
060 - 1000 -24
[253259] SAM Trailer with Top Display
Traffic Statistics Sensor w/2 -Comm Ports, USB
[274714] SAM Trailer Solar Panel
[232862] Red LED Light Bar - SAM /SAM -R
[235440] Blue LED Light Bar - SAM /SAM -R
Stalker Traffic Analyst App, Thumb Drive, Manual
Certificate of Accuracy, Speed Sensor II
24 -Month Warranty
($499.00)
$0.00
$0.00
$0.00
$0.00
$0.00
($499.00)
$0.00
$0.00
Group Total $8,781.00
NASPO Contract # 1611
Product
$8,781.00
Sub-Total:
$8,781.00
Discount
$0.00
Sales Tax 10%
$878.10
Payment Terms: Net 30 days
Shipping & Handling: $0.00
Total: USD $9,659.10
001
This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These
Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions,
all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding.
This Page Left Blank Intentionally
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5e
SUBJECT: S 352nd Street Extension from Enchanted Parkway South to Pacific Highway South Project - Project
Acceptance
POLICY QUESTION: Should the Council accept the S 352nd Street Extension from Enchanted Parkway South to
Pacific Highway S Project as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 2, 2017
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business n Resolution ❑ Other
STAFF REPORT BY: Naveen Chandra, Street Systems Project Engineer t7 DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated October 2, 2017.
Options Considered:
1. Authorize final acceptance of the South 352nd Street Extension from Enchanted Parkway South to
Pacific Highway South Project constructed by Scarsella Brothers, Inc., in the amount of $2,694,350.06 as
complete.
2. Do not authorize final acceptance of the completed South 352nd Street Extension from Enchanted
Parkway South to Pacific Highway South Project constructed by Scarsella Brothers, Inc., as complete
and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 17 2017 City Council
Consent Agenda for approval.
MAYOR APPROVAL
Cou
co Co t / v •
Initial/Date Initial /Date
7DIRECTOR APPROVAL:
nitial/Date
Zz�,1
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 17, 2017 consent agenda for
approval.
ommittee Chair
CommittCh ember
r-v
/ o >I teet Memb
PROPOSED COUNCIL MOTION: "I move approval of fina acceptance of the South 352nd Street Extension from
Enchanted Parkway South to Pacific Highway South Project constructed by Scarsella Brothers, Inc., in the amount of
$2,694,350.06 as complete."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 2, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Naveen Chandra, P.E., Street Systems Project Engineer
SUBJECT: S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway
South
BACKGROUND:
The South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project constructed a
new street with two thru lanes, a center turn lane and bike lane and sidewalks in both directions from
Pacific Highway to Enchanted Parkway. Additional work included storm drainage, curb, gutter, signal,
street lighting, signing, channelization and landscaping. The project vicinity map is attached for
reference.
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway
South constructed by Scarsella Brothers, Inc., is complete. The final construction contract amount is
$2,694,350.06. This is $300,069.90 below the $2,994,419.96 (including contingency) budget that was
approved by the City Council on January 5, 2016.
cc:
Project File
Central File
Kent
Detail Map
City of Federal Way
S 352nd Street Extension
Roadway Improvement
Vicinity Map
South 352nd Street Extension
Roadway Improvement
Federal Way, Washington
COUNCIL MEETING DATE: October 17, 2017
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 320th Street at 20th Avenue S Intersection Improvements — Project Acceptance
POLICY QUESTION: Should City Council accept the S 320th Street at 20th Avenue S Intersection Improvements
Project as complete?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: October 2, 2017
CATEGORY:
® Consent
❑ City Council Business
Fl Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Christine Mullen, P.E. Street Systems Project En EPT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated October 2, 2017.
Options Considered:
1. Authorize final acceptance of the S 320th Street at 20th Avenue S Intersection Improvements Project constructed
by Titan Earthwork, LLC, in the amount of $1,202,274.46 as complete.
2. Do not authorize final acceptance of the completed S 320th Street at 20th Avenue S Intersection Improvements
Project as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The mayor recommends forwarding option 1 to the October 17, 2017 City
Council consent agenda r approval.
MAYOR APPROVAL:
DIRECTOR APPROVAL:
Initial/Date
91zoLn
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 17, 2017 City Council consent
agenda or approval.
AP-4~0
Committee C air
1
IPA
Committee iii', m: -
PROPOSED COUNCIL MOTION: "I move approval of final • ceptance of the S 320th Street at 20th Avenue S
Intersection Improvements Project constructed by Titan Earthwork, LLC, in the amount of $1,202,274.46 as
complete."
ittee Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED /NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 2, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM• Marwan Salloum, P.E., Public Works Director
Christine Mullen, P.E., Street Systems Project Engine
SUBJECT: S 320th Street at 20th Avenue S Intersection Improveme s Project Acceptance
BACKGROUND:
This project increased the capacity of the intersection of S320th Street at 20th Ave S by the addition of a
second left -turn lane in each direction of S 320th Street at 20th Avenue S, with 250 feet of turn lane storage.
Work included utility relocation, storm drainage, paving, curb, gutter, sidewalk, street lighting, traffic signal
replacement, signing, channelization, and landscaping.
Prior to release of retainage on a Public Works construction project, the City Council must accept the work
as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. S 320th Street at 20th Avenue S Intersection Improvements Project constructed by Titan
Earthwork, LLC is complete. The final construction contract amount is $1,202,274.46. This is $254,261.29
below the $1,456,535.75 (including contingency) budget that was approved by the City Council on April 16,
2013.
cc: Project File
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOLS — PROJECT ACCEPTANCE
POLICY QUESTION: Should City Council accept the Sacajawea Middle School Safe Routes to Schools project as
complete.
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: October 2, 2017
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Christine Mullen, P.E. Street Systems Project En' bEPT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated October 2, 2017.
Options Considered:
1. Authorize final acceptance of the Sacajawea Middle School Safe Routes to Schools project constructed by Sound
Pacific Construction, LLC, in the amount of $940,906.34 as complete.
2. Do not authorize final acceptance of the completed Sacajawea Middle School Safe Routes to Schools project as
complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The mayor recommends forwarding option 1 to the October 7, 2017 City
Council consent agenda for approval.
MAYOR APPROVAL:
.DIRECTOR APPROVAL:
nitial/Date
lz -t ii
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 17, 2017 City Council consent
agenda for approval
ar
o mittee Chair Committee 'rember Co • ttee Mem
J
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Sacajawea Middle School Safe
Routes to Schools project constructed by Sound Pacific Construction, LLC in the amount of $940,906.34 as
complete."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED /NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 2, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM• Marwan Salloum, P.E., Public Works Director
Christine Mullen, P.E., Street Systems Project Engineer
SUBJECT: Sacajawea Middle School Safe Routes to School Project - Project Acceptance
BACKGROUND:
This project provided an 8 ft. sidewalk and bicycle lane on the south side of Dash Point Rd from the
existing improvements at Redondo Way S. to the entrance to Sacajawea Middle School; also provided a
planter strip separating the sidewalk and roadway, illumination, and ADA ramps.
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The Sacajawea Middle School Safe Route to School (SRTS) project constructed by Sound
Pacific Construction, LLC, is complete. The final construction contract amount is $940,906.34. This is
$136,906.66 below the $1,077,813.00 (including contingency) budget that was approved by the City
Council on July 19, 2016.
cc: Project File
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5h
SUBJECT: LAKOTA PARK STORMWATER FACILITY REPAIR PROJECT — 30% DESIGN STATUS REPORT
POLICY QUESTION:
Should the Council authorize staff to proceed with design of the Lakota Park Stormwater Facility Repair Project
and return to LUTC and Council at the 85% design completion for further reports and authorization?
COMMITTEE: Land Use Transportation Committee
MEETING DATE: October 2,
2017
CATEGORY:
® Consent Ordinance ❑ Public Hearing
❑ City Council Business n Resolution ❑ Other
STAFF REPORT BY: Fei Tang, P.E., SWM Project Engineer r
Attachments: LUTC Memo dated October 2, 2017
Options Considered:
1. Authorize staff to proceed with design of the Lakota Park Stormwater Facility Repair Project and return to
LUTC and Council at the 85% design completion for further reports and authorization.
2. Do not authorize staff to proceed with design of the Lakota Park Stormwater Facility Repair Project and
provide direction to Staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the October 17, 2017 Council
Consent Agenda for approval.
DEPT: Public Works
MAYOR APPROVAL:
mittee // I Coun
Ininal/Date V Initial/Date
DIRECTOR APPROVAL:
12 °111
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 17, 2017 consent agenda for
approval.
PROPOSED COUNCIL MOTION: "I move to authorize gaff to proceed with design of the Lakota Park
Stormwater Facility Repair Project and return to LUTC and Council at the 85% design completion for further
reports and authorization."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 2, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
Marwan Salloum, P.E., Public Works Director
FROM: Edward Walsh, P.E., Deputy Public Works Director /t
Fei Tang, P.E., SWM Project Engineer
SUBJECT: Lakota Park Stormwater Facility Repair Project — 30% Design Status Report
BACKGROUND:
This project will rebuild portions of the berm that forms a boundary between Lakota Park and Lakota
Wetlands and replace approximately 470 linear feet of an 18 -inch diameter pipe downstream of the
control structure that regulates detention within the wetlands area.
The following provides a brief synopsis of the progress on this project to date. Currently, the project
design is approximately 30% complete, which includes the following completed tasks:
• Wetland delineation
• Geotechnical exploration
• Installation of a piezometer for groundwater level monitoring
• SEPA Checklist and landuse application submittal
• Project design to 30%
Ongoing tasks include:
• Apply for construction site NPDES permit
• Final project plan, specifications, cost estimate
• Project design to 100%
PROJECT ESTIMATED EXPENDITURES:
Consultant Assistance Services
$ 76,000
In House Design
$ 50,200
2018 Construction
$ 169,000
10% Construction Contingency
$ 16,900
Construction Management
$ 16,900
Total Project Costs
$ 329,000
AVAILABLE FUNDING:
2017 KCFCD Flood Reduction Grant
$ 250,000
2016 SWM CIP
$ 56,000
2017 SWM CIP Available Budget
$ 53,000
2018 SWM CIP Available Budget
$ 220,000
Total Available Budget
$ 579,000
cc: Project File
Day File
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: SELF STORAGE MORATORIUM HEARING
POLICY QUESTION:
A 12- month moratorium on all development of self - storage units was enacted by Council on September 5,
2017. Staff is conducting research on the need for self - storage units, examining the impacts of self - storage units
on economic development, researching design guidelines used in other jurisdictions, and reviewing the
Comprehensive Plan and what changes, if any, need to be made to the zoning ordinance to implement the goals
and policies of the Plan in commercial areas.
COMMITTEE: NA
MEETING DATE: NA
CATEGORY:
❑ Consent
❑ City Council Business
❑ Ordinance ® Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Doc Hansen, Planning Manager
DEPT: Community Development
Background: Public Hearing is being conducted as requested by the City Council at its September 5, 2017
meeting to allow the public the opportunity to make comment to the Mayor and Council regarding the
action.
Attachments:
1.Graph of self - storage use inquisition and proposals, existing self - storage units within the City,
and estimated household units within the City.
2.Map location of proposed and existing self - storage units within the City
Options Considered:
NA
MAYOR'S RECOMMENDATION: NA
MAYOR APPROVAL:
NA
Committee
Initial /Date
-7 DIRECTOR APPROVAL: &4' /CZ /7/ -%
Counci Initial/Date
Initial /Date
COMMITTEE RECOMMENDATION: NA
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: NA
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2016 RESOLUTION #
Projected Self- Storage Units Based Upon Current Applications and Requested Development Reviews
Population
100,000
90,000
p
O
00
70,000
O
up
50,000
40,000
O
O
m
O
N
O
N
O
a1
O
N
O
O
N
Population Growth
•
%
M
F
F
Projected Units -
13,708 or 0.37 units
per household
Existing Units- 4,731
0.13 per
household \
O
01
01
a1
O
CO
01
IA
O
N.
01
a1
Total Units
16000
14000
12000
10000
0
0
00
0 0
0
tD
0
O
0
N
City of Federal Way Status of Storage Facilities in Federal Way
Legend
Storage Facility Status
• Existing
• Proposed
• Vested
/ e
•
---\ / • SW 312th St _
SW 320th St
\o
SW 320th St
h.
rA N
co
N
312th St
S 320th St
f�
2 S 324th St
10
a
Cl • '
S 288th St
SW C
�S
•
S 348th St
m
•
356
I r . \' '� \,'�
\
o', ,'\ \ \ \
,� , ,_mil.\ \ \S5 4 "
g� o% \ .\ \ —N\
`r ..t_ \ `\ \\
O
Q
CO
N
\
0
0.5
1
Mile
R: \eri
\Proiect8 \Other StorageFacilities \Maus \St
raaeFacilitvStatusL mxd
This map is intended for use as a graphical represnation only.
Map Date: August 17, 2017 The City of Federal Way makes no warranty as to its accuracy
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 7a
SUBJECT: BEGIN THE NOVEMBER 7, 2017 REGULAR CITY COUNCIL MEETING AT 6:00 P.M.
POLICY QUESTION: Should the City Council suspend Council Rule 2.1 and begin the November 7, 2017
Regular City Council Meeting at 6:00 p.m.?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent
® City Council Business
n Ordinance ❑ Public Hearing
n Resolution ❑ Other
STAFF REPORT BY: J. Ryan Call, City Attorney
DEPT: Law
City Council Rule 2.1 provides that the Regular City Council Meetings will begin at 7:00 p.m. on the first
and third Tuesdays of each month. In order to accommodate the posting of the elections results, Council
can suspend Council Rule 2.1 and begin the November 7, 2017 Regular City Council Meeting at 6:00 p.m.
If Council does suspend Council Rule 2.1, staff will provide appropriate public notice regarding the start
time for the November 7 meeting.
Options Considered:
1. Suspend Council Rule 2.1 and begin the November 7, 2017 Regular City Council Meeting at 6:00
p.m.
2. Do not suspend Council Rule 2.1 so the November 7, 2017 Regular City Council Meeting will begin
at 7:00 p.m.
MAYOR'S RECOMMENDATION: Begin the No mber 7, 2017 Regular City Council Meeting at 6:00 p.m.
MAYOR APPROVAL: N/A i DIRECTOR APPROVAL: ID/ IV/ % for 7, R aw G i�
Committee Co cil Initial /Date
Initial/Date Initial /Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 11/2016 RESOLUTION #
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: APPOINTMENT TO THE YOUTH COMMISSION
POLICY QUESTION: Should the City Council appoint a new member to the Youth Commission?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
® Consent n Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Background:
The Youth Commission is comprised of twelve voting and three alternate members who are appointed by the
City Council to serve two year terms. There are currently three vacant voting and three vacant alternate positions
due term expiration and high school graduation. One application was received in response to the City Clerk's
recruitment process.
At their October 17, 2017 Special Meeting the Council interviewed one applicant seeking appointment (Justin
Filfred).
Options Considered:
1. Appoint Justin Filfred as a voting member of the Youth Commission for a term to expire August 31,
2019.
DEPT: Mayor's Office
2. Direct the City Clerk to advertise for additional applicants.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
N/A
Committee
Initial /Date
N/A
Council
Initial /Date
CITY CLERK APPROVAL:
&Date
COMMITTEE RECOMMENDATION: N/A
N/A N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move the. following appointment to the Youth Commission..."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED /NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 12/2016
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: APPOINTMENT TO THE ETHICS BOARD
POLICY QUESTION: Should the City Council appoint a new member to the Ethics Board?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent n Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Background:
The Ethics Board is comprised of three voting members and one alternate member who are appointed by the City
Council to serve three year terms. There is currently one vacant voting position due to term expiration. Two
applications were received in response to the City Clerk's recruitment process.
DEPT: Mayor's Office
At their October 17, 2017 Special Meeting the Council interviewed both applicants seeking appointment (Tony
Pagliocco and Shawn Harju).
Options Considered:
1. Appoint Tony Pagliocco as a voting member of the Ethics Board for a term to expire June 30, 2020.
2. Appoint Shawn Harju as a voting member of the Ethics Board for a term to expire June 30, 2020.
3. Direct the City Clerk to advertise for additional applicants.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
N/A
Committee
Initial /Date
N/A
Council
Initial /Date
CITY CLERK APPROVAL:
iierr/Date
COMMITTEE RECOMMENDATION: N/A
N/A
Committee Chair
N/A N/A
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move the following appointment to the Ethics Board..."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2016 RESOLUTION #
COUNCIL MEETING DATE: October 17, 2017 ITEM #: 7d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENT TO THE PLANNING COMMISSION
POLICY QUESTION: Should the City Council appoint a new member to the Planning Commission?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Background:
The Planning Commission is comprised of seven voting and two alternate members who are appointed by the
City Council to serve four year terms. There is currently one vacant voting position due to term expiration. Three
applications were received in response to the City Clerk's recruitment process.
At their October 17, 2017 Special Meeting the Council interviewed one applicant seeking reappointment
(Bronson Lawson) and two applicants seeking appointment (Benjamin Barrett and Karen Brugato).
Options Considered:
1. Appoint as a voting member of the Planning Commission for a term to expire June 30,
2020.
2. Direct the City Clerk to advertise for additional applicants.
DEPT: Mayor's Office
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
N/A N/A
Committee Council
Initial /Date Initial /Date
CITY CLERK APPROVAL:
COMMITTEE RECOMMENDATION: N/A
N/A
Committee Chair
N/A N/A
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move the following appointment to the Planning Commission... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED /NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 12/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: October 17, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 8a
SUBJECT: ORDINANCE: PROVIDING FOR THE ISSUANCE AND SALE OF A LIMITED TAX GENERAL
OBLIGATION BOND IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,400,000 TO REFINANCE THE TARGET
PROPERTY.
POLICY QUESTION: Should the City Council provide for the issuance and sale of a Limited Tax General
Obligation Bond in the principal amount of not to exceed $6,400,000 to refinance the Target Property?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent
❑ City Council Business
® Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance
Attachments: Ordinance providing for the issuance and sale of a Limited Tax General Obligation Bond in the principal
amount of not to exceed $6,400,000 to refinance the Target Property.
Summary/Background: Pursuant to Ordinance No. 14 -777 The City issued its $8,209,960 principal amount Limited
Tax General Obligation Bond Anticipation Note for the purpose of financing the costs of purchasing land for City
purposes. The City is authorized to issue a limited tax general obligation bond evidencing indebtedness in the aggregate
principal amount not to exceed $6,400,000 to provide funds necessary to refinance the Target Property.
Options Considered:
1 Authorize the Finance Director to move forward with the refinancing of the Target property and approve the first
reading of the ordinance.
2. Deny authorization for the Finance Director to move forward with the refinancing of the Target property and
provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
N IA
Committee
Initial /Date
COMMITTEE RECOMMENDATION:
N/A
7 DIRECTOR APPROVAL:
Council
Initial /Date
1i
:rte
Ic 1I?,1 7
Initial /Date
Committee Chair
Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (OCTOBER 17, 2017): "I move to forward approval of the ordinance to the
November 7, 2017 Council Meeting for enactment."
2ND READING OF ORDINANCE (NOVEMBER 7, 2017): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, providing
for the issuance and sale of a limited tax general obligation bond in the
principal amount of not to exceed $6,400,000 to be used to repay the
City's Limited Tax General Obligation Bond Anticipation Note, 2014;
fixing or setting parameters with respect to certain terms and covenants
of the bond; appointing the City's designated representative to approve
the final terms of the sale of the bond; and providing for other related
matters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following capitalized terms shall
have the following meanings:
(a) "Bond" means the "City of Federal Way, Washington Limited Tax General
Obligation Bond, 2017" authorized by this ordinance.
(b) "Bond Fund" means the debt service fund of the City created for the payment of the
principal of and interest on the Bond.
(c) "Bond Register" means the registration records for the Bond maintained by the Bond
Registrar.
(d) "Bond Registrar" means the City Finance Director, whose duties include registering
and authenticating the Bond, maintaining the Bond Register, transferring ownership of the Bond, and
paying the principal of and interest on the Bond.
(e) "City" means the City of Federal Way, Washington, a municipal corporation duly
organized and existing under the laws of the State of Washington.
(f) "City Council" means the legislative authority of the City, as duly and regularly
constituted from time to time.
Ordinance No. 17-
Page 1 of 13
Rev 3/17
(g) "Code" means the United States Internal Revenue Code of 1986, as amended, and
applicable rules and regulations promulgated thereunder.
(h) "Default Rate" means the rate of interest that is 3.0% in excess of the interest rate.
(i)
"Designated Representative" means the officer of the City appointed in Section 4 of
this ordinance to serve as the City's designated representative in accordance with RCW
39.46.040(2).
(j) "Issue Date" means the date of the delivery of the Bond to the Purchaser.
(k) "Note" means the "City of Federal Way, Washington Limited Tax General Obligation
Bond Anticipation Note, 2014" authorized by Ordinance No. 14 -777.
(1) "Proposal" means a proposal to purchase the Bond, setting forth certain terms and
conditions of the issuance, sale and delivery of the Bond.
(m) "Purchaser" means Key Government Finance, Inc., or its permitted assigns.
Section 2. Findings and Determinations. The City takes note of the following facts and
makes the following findings and determinations:
(a) Prepayment of Note. Pursuant to Ordinance No. 14 -777, the City issued its
$8,209,960 principal amount Limited Tax General Obligation Bond Anticipation Note, 2017 (the
"Note "), for the purpose of financing the costs of purchasing land for City purposes, and by that
ordinance reserved the right to prepay the Note prior to its November 26, 2017 maturity date with no
prepayment penalty.
(b) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance
is $6,400,000. Based on the following facts, this amount is to be issued within the amount permitted
to be issued by the City for general municipal purposes without a vote:
Ordinance No. 17-
Page 2of13
Rev 3/17
(1) The assessed valuation of the taxable property within the City as ascertained
by the last preceding assessment for City purposes for collection in the calendar year 2017 is
$9,420,224,291.
(2) As of September 30, 2017, the City had limited tax general obligation
indebtedness, consisting of bonds, note, leases, and conditional sales contracts outstanding in the
principal amount of $35,758,801, which is incurred within the limit of up to 1' /2% of the value of the
taxable property within the City permitted for general municipal purposes without a vote.
(3)
As of September 30, 2017, the City had no unlimited tax general obligation
indebtedness outstanding.
Section 3. Authorization of the Bond. The City is authorized to borrow money on the
credit of the City and issue a limited tax general obligation bond evidencing indebtedness in the
aggregate principal amount not to exceed $6,400,000 to provide funds necessary to prepay the Note
and to pay the costs of issuance and sale of the Bond.
Section 4. Description of the Bond; Appointment of Designated Representative. The
Finance Director, or the Mayor in the absence of the Finance Director, is appointed as the Designated
Representative of the City and is authorized and directed to approve the final terms of the Bond, with
such additional terms and covenants as the Designated Representative deems advisable, within the
following parameters.
(a) Principal Amount. The Bond shall not exceed the aggregate principal amount of
$6,400,000.
(b) Date or Dates. The Bond shall be dated as of its date of delivery to the Purchaser,
which date may not be later than November 26, 2017.
Ordinance No. 17-
Page 3 of 13
Rev 3/17
(c) Interest Rate(s). The Bond shall bear interest at a fixed interest rate, calculated on a
360 -day year consisting of 12 30 -day months, through the fifth anniversary of the Issue Date (the
"Initial Tender Date "), which rate shall not exceed 2.50 %, other than an adjustment that may occur
upon an event of default as described in Section 15. After the Initial Tender Date, and assuming the
Purchaser waives the mandatory tender in writing as set forth in Section 9, the interest rate will be
subject to adjustment. For every one basis point change in the KeyCorp Cost of Funds Index for 57
months (the "Index "), the interest rate will be adjusted (upward or downward) by 0.65 basis points.
Such formula may be changed if agreed to by the Designated Representative and the Purchaser. To
the extent that the Index is less than zero, the Index shall be zero.
(d) Payment Dates. Interest will be payable semiannually at the rates and on such dates
as are acceptable to the Designated Representative. Principal payments will be payable semiannually
and shall commence on such payment date acceptable to the Designated Representative.
(e) Final Maturity. The Bond shall mature no later than 15 years from the Issue Date.
(f) Price. The purchase price for the Bond may be in an amount as is acceptable to the
Designated Representative.
(g) Other Terms and Conditions.
(1)
The Bond may not be issued if it would cause the indebtedness of the City to
exceed the City's legal debt capacity on the Issue Date.
(2) The Bond may be sold in accordance with Section 13 of this ordinance.
(3) The Designated Representative may accept such additional terms, conditions,
and covenants as he or she may determine are in the best interests of the City, consistent with this
ordinance.
Ordinance No. 17-
Page 4 of 13
Rev 3/17
Section 5. Bond Registrar; Registration and Transfer of the Bond. Pursuant to RCW
39.46.030(4) the City's Finance Director shall serve as initial fiscal agent for the City (the "Bond
Registrar ") with respect to the Bond and is authorized, on behalf of the City, to authenticate and
deliver the Bond in accordance with the provisions of the Bond and this ordinance. The Bond shall
be issued only in registered form as to both principal and interest and shall be recorded on books or
records maintained by the Bond Registrar (the "Bond Register "). The Bond Register shall contain
the name and mailing address of the owner of the Bond.
Upon a determination by the Finance Director that maintenance of the duties of the Bond
Registrar is no longer convenient, the fiscal agent of the State of Washington shall act as Bond
Registrar.
The Bond Registrar shall keep, or cause to be kept, at its office, sufficient books for the
registration, assignment or transfer of the Bond, which books shall be open to inspection by the City
at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the
Bond transferred or exchanged in accordance with the provisions of the Bond and this ordinance, to
serve as the City's paying agent for the Bond and to carry out all of the Bond Registrar's powers and
duties under this ordinance.
The Bond Registrar shall be responsible for its representations contained in the Bond
Registrar's Certificate of Authentication on the Bond.
The Bond may be assigned or transferred only in whole by the Purchaser to a single investor
that is a financial institution or an entity reasonably believed to be a qualified institutional buyer
within the meaning of the applicable federal securities laws. Any transfer shall be without cost to the
owner or transferee, except for governmental charges imposed on any such transfer or exchange.
The Bond Registrar shall not be obligated to exchange or transfer the Bond during the 15 days
Ordinance No. 17-
Page 5 of 13
Rev 3/17
preceding any payment or prepayment date. When the Bond has been paid in full, both principal and
interest, the Bond shall be surrendered to the Bond Registrar, who shall cancel the Bond.
Section 6. Form and Execution of the Bond.
(a) Form of the Bond; Signatures and Seal. The Bond shall be prepared in a form
consistent with the provisions of this ordinance and Washington law. The Bond shall be signed by
the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and
the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any
officer whose manual or facsimile signature appears on the Bond ceases to be an officer of the City
authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is
authenticated by the Bond Registrar, or issued or delivered by the City, the Bond nevertheless may be
authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding
on the City as though that person had continued to be an officer of the City authorized to sign bonds.
The Bond also may be signed on behalf of the City by any person who, on the actual date of signing
of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the
required office on its Issue Date.
(b) Authentication. Only the Bond bearing a Certificate of Authentication in substantially
the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any
purpose or entitled to the benefits of this ordinance: "Certificate of Authentication. This Bond is the
fully registered City of Federal Way, Washington, Limited Tax General Obligation Bond, 2017."
The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond
so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of
this ordinance.
Ordinance No. 17-
Page 6 o f 13
Rev 3/17
Section 7. Payment of the Bond. Principal of and interest on the Bond shall be payable
in lawful money of the United States of America. Principal of and interest on the Bond is payable by
electronic transfer on the payment date, or by check or draft of the Bond Registrar mailed on the
payment date to the Purchaser at the address appearing on the Bond Register on the record date. The
Bond is not subject to acceleration under any circumstances.
Section 8. Bond Fund. The debt service fund (the "Bond Fund ") of the City is created
for the sole purpose of paying principal of and interest on the Bond. All amounts allocated to the
payment of the principal of and interest on the Bond shall be accounted for separately and shall be
deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the
Bond. The principal of and interest on the Bond shall be paid out of the Bond Fund. Until needed
for that purpose, the City may invest money in the Bond Fund temporarily in any legal investment,
and the investment earnings shall be retained in the Bond Fund and used for the purposes of that
fund.
Section 9. Mandatory Tender. The Bond will be subject to mandatory tender on the
Initial Tender Date. The Purchaser, in its sole discretion, may elect to waive in writing the
mandatory tender on the Initial Tender Date and continue to hold the Bond for an additional five year
period to a subsequent mandatory tender date (the "Second Tender Date "), or upon waiver of the
Second Tender Date, to its maturity date (15 years from the Issue Date) at the interest rate set forth in
Section 4(c). If the City and the Purchaser do not enter into such a written agreement prior to the
Initial Tender Date or Second Tender Date, the Bond will be tendered by the purchaser and the City
shall repay the Bond on such date at the purchase price equal to the outstanding principal balance of
the Bond plus accrued and unpaid interest to the Initial Tender Date, or if applicable, the Second
Tender Date. If necessary, the City shall provide to the Purchaser of the Bond an opinion of bond
Ordinance No. 17-
Page 7 of 13
Rev 3/17
counsel to the City that the exemption of interest on the Bond from federal income taxation shall not
be materially adversely affected by the change to the interest rate on the Bond.
Section 10. Prepayment. The City reserves the right to prepay in whole, but not in part, all
of the principal of the Bond outstanding at par plus accrued interest to the date of prepayment at the
following prepayment fees:
Months from Issue Date Prepayment Fee
1 — 12 months 2.0%
13 — 24 months 1.0%
25 — to maturity None
In the event the City sells property that was financed with a portion of the Note, the City may
prepay that portion of the Bond without penalty, in an amount not to exceed $3,000,000. If the City
exercises this prepayment option described in the previous sentence, the City shall use proceeds from
the sale of the property or other City funds and shall not use proceeds from a debt issuance for such
payment.
The City shall provide the Purchaser with written notice of any intended prepayment prior to
such prepayment date. Interest on the principal amount of the Bond called for prepayment shall
cease to accrue on the date fixed for prepayment unless the principal amount called for prepayment is
not paid on the prepayment date.
At any time there is a partial prepayment, the remaining installment payments will continue
to be made as set forth in the Bond, until the Bond has been repaid in full, unless the Purchaser
agrees otherwise.
Section 11. Failure to Pay the Bond. If the principal of the Bond is not paid when the
Bond is properly presented at its maturity or date fixed for prepayment, the City shall be obligated to
Ordinance No. 17-
Page 8 of 13
Rev 3/17
pay interest on the Bond at the same rate provided in the Bond from and after its maturity or date
fixed for prepayment until the Bond, both principal and interest, is paid in full or until sufficient
money for its payment in full is on deposit in the Bond Fund, or in a trust account established to
refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to
the Purchaser
Section 12. Pledge of Taxes. The Bond constitutes a general indebtedness of the City and
is payable from tax revenues of the City and such other money as is lawfully available and pledged
by the City for the payment of principal of and interest on the Bond. For as long as the Bond is
outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the
constitutional and statutory limitations provided by law without the assent of the voters, include in its
annual property tax levy amounts sufficient, together with other money that is lawfully available, to
pay principal of and interest on the Bond as the same become due. The full faith, credit, and
resources of the City are pledged irrevocably for the prompt payment of the principal of and interest
on the Bond and such pledge shall be enforceable in mandamus against the City.
Section 13. Tax Covenants.
(a) Tax Certificate. The City hereby covenants that it will not make any use of the
proceeds of sale of the Bond or any other funds of the City that may be deemed to be proceeds of
such Bond pursuant to Section 148 of the Code and the applicable regulations thereunder that will
cause the Bond to be an "arbitrage bond" within the meaning of such section and such regulations.
The City will comply with the requirements of Section 148 of the Code (or any successor provision
thereof applicable to the Bond) and the applicable regulations thereunder through the term of the
Bond. The City further covenants that it will not take any action or permit any action to be taken that
would cause the Bond to constitute a "private activity bond" under Section 141 of the Code.
Ordinance No. 17-
Page 9 of 13
Rev 3/17
(b) Post - Issuance Compliance. The Finance Director is authorized and directed to review
and update the City' s written procedures to facilitate compliance by the City with the covenants in
this ordinance and the applicable requirements of the Code that must be satisfied after the issue date
to prevent interest on the Bond from being included in gross income for federal tax purposes.
(c) Designation of the Bond as a "Qualified Tax - Exempt Obligation." The City
designates the Bond as a "qualified tax - exempt obligation" for the purposes of Section 265(b)(3) of
the Code, and makes the following findings and determinations:
(1) the Bond does not constitute a "private activity bond" within the meaning of
Section 141 of the Code;
(2) the reasonably anticipated amount of tax - exempt obligations (other than
private activity bonds and other obligations not required to be included in such calculation) that the
City and any entity subordinate to the City (including any entity that the City controls, that derives its
authority to issue tax - exempt obligations from the City, or that issues tax - exempt obligations on
behalf of the City) will issue during the calendar year in which the Bond is issued will not exceed
$10,000,000; and
(3)
the amount of tax - exempt obligations, including the Bond, designated by the
City as "qualified tax - exempt obligations" for the purposes of Section 265(b)(3) of the Code during
the calendar year in which the Bond is issued does not exceed $10,000,000.
Section 14. Sale of the Bond. The sale of the Bond to the Purchaser, under or within the
terms of this ordinance and the Proposal to purchase the Bond, is hereby approved. A pricing
certificate shall set forth the final terms of the Bond. The Designated Representative is authorized to
execute the pricing certificate on behalf of the City, so long as the terms provided therein are
consistent with the terms of this ordinance. Upon delivery of the Bond, the City shall reimburse the
Ordinance No. 17-
Page 10 of 13
Rev 3/17
Purchaser's counsel fee in an amount not to exceed $6,000.
The City agrees and understands that the Purchaser is making a loan by purchasing the Bond
under the following additional conditions: (i) the Bond is not being registered under the Securities
Act of 1933 and is not being registered or otherwise qualified for sale under the "Blue Sky" laws and
regulations of any state; (ii) the Purchaser will hold the Bond as one single debt instrument; (iii) no
Committee on Uniform Securities Identification Procedures (CUSIP) numbers will be obtained for
the Bond; (iv) no final official Statement has been prepared in connection with the private placement
of the Bond; (v) the Bond will not close through the Depository Trust Company (DTC) or any
similar repository and will not be in book entry form; and (vi) the Bond is not listed on any stock or
other securities exchange.
Section 15. Reporting Requirements. While the Bond is outstanding, the City shall submit
(a) its annual financial reports to the Purchaser within 30 days after receipt of such annual financial
report from the Washington State Auditor, (b) its budget for each fiscal year promptly after it is
adopted by the City Council and (c) such additional information as the Purchaser may reasonably
request. Submission by the City by posting publicly electronically items (a) and (b) is acceptable,
provided that the City shall provide electronic notice of such posting.
Section 16. Default. The following events shall constitute a default under the Bond:
(a) a failure to pay principal or interest on the Bond when due or upon a mandatory
tender;
(b) a failure by the City to comply with any of its obligations, or to perform any of its
duties, under this ordinance, which failure continues and is not cured for a period of more than 60
days after the Purchaser has made written demand on the City to cure such failure; or
(c) a material misrepresentation to the Purchaser by the City in the purchase of the Bond,
Ordinance No. 17-
Page 11 of 13
Rev 3/17
as reasonably concluded by the Purchaser after investigation and discussion with the City.
If any default occurs as delineated in this section, the interest rate may be increased to the
Default Rate and the Purchaser may pursue any other remedies to which it is entitled under the Bond
and this ordinance, at law or in equity.
Section 17. Governing Law; Waiver of Jury Trial. The Bond shall be governed and
interpreted according to the laws of Washington. The City hereby irrevocably waives, to the fullest
extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding
relating to this ordinance.
Section 18. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 19. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 20. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
Section 21. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 17- Page 12 of 13
Rev 3/17
PASSED by the City Council of the City of Federal Way this day of
ATTEST:
, 20 .
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 17-
Page 13 of 13
Rev 3/17