LUTC PKT 03-04-1996City of I-edcral Way
City Council
Land Use/'Transportation Committee
March 4, 1996
5:.30 lam
&TRIA ► M6.1
1. CALL TO ORDER
2. APPROVAL OF MINUTES
3. PUBLIC COMMENT
4. BUSINESS ITEMS
A.
King County 2012 Countywide
Action
Planning Policies
B.
Planning Commission Priorities
Action
C.
Planning Commission Appointment Action
D.
Sign Code & Enforcement
Action
E.
1996 Work Program
Action
F.
Unfunded Mandates/1724
Information
G.
ADUs/School Impact Fees
Action
H.
FEMA Disaster Funding
Action
L
February 8/9 Flood Debriefing
Information
J.
S. 356th St. Regional Storage
Action
Facility (85% Design Complete)
K.
Gated Communities
Action
5. OTHER ITEMS
6. FUTURE
MEETINGS/AGENDAS
7, ADJOURN
City Hall
Council Chambers
McCormick/ 10 min
McClung/ 10 min
McClung/5 min
McClung/ 10 min
McClung/5 min
Law/ 10 min
Clark & Law/ 10 min
Roe/5 min
Pratt/5 min
Pratt/5 min
Roe/5 min
Committee Members: City Staff.-
Phil Watkins, Chair Greg Moore, CDS Director
Ron Gintz Sandy Lyle, Administrative Assistant
Mary Gates 661-4116
City of Federal Way
City Council
Land Use/Transnorlation Committee
February 5, 1996 City Hall
530pm Council Chambers
SUMMARY
In attendance: Committee members Phil Watkins (chair), Ron Gintz, Mary Gates; Community Development Services Director
Greg Moore; Public Works Director Cary Roe; Assistant City Attorney Jim McNamara; Assistant Director of Community
Development Services Kathy McClung; Street Systems Manager Ken Miller; Traffic Engineer Saeid Daniari; Administrative
Assistant Sandy Lyle.
CALL TO ORDER
The meeting was called to order at 5:30pm.
APPROVAL OF MINUTES
The minutes were approved as presented with kudos for the preparer for providing an informative, succinct and accurate
meeting summary.
PUBLIC COMMENT
Bob Green of the Federal Way Chamber of Commerce spoke in favor of providing better signage on state roads leading
to Federal Way. There are signs that say "entering Federal Way" but more needs to be done to welcome visitors to
Federal Way and provide directions to local businesses. He asked that staff assist the Chamber in contacting legislators,
determining what state laws apply to signs, and identifying funding sources to pay for improved signage.
Paul Wham, 439 SW 345th Place, Federal Way 98023, requested that the Committee consider the gated community
issue once again, and especially allowing his neighborhood, Campus Estates, gate their community to reduce vandalism
and mischievousness. Chair Watkins agreed to place this item on the next agenda to give staff adequate time to revisit
previous research discussed in meetings last year.
BUSINESS ITEMS
A. FWSD/Metro Transit Presentation - Rod Leland of the Federal Way School District and Hit Hornung of Metro
Transit presented a proposal by which a transit bus would come within one quarter mile of every residence in
the City of Federal Way. The plan would reduce the need for school buses and increase adult ridership. If
enough students used this transit, Federal Way School District would pay for and issue a large number of
passes. Students would be able to ride wherever they wanted/needed to be, not just to school. The plan would
save money. Currently, school buses are 40% subsidized. The school district is looking at open enrollment
whereby students would attend classes at different schools to reduce offering duplicate classes. The plan also
provides students more mobility. The committee liked the plan and requested more information be presented at
a future Land Use/Transportation Committee meeting.
B. Update Sign Code Brief - With over 2800 businesses in Federal Way and one person working on the sign
enforcement program, it is predicted to take up to two years to complete sign "sweeps." The committee asked
that summer intern help be considered to speed up the process. Staff agreed this idea would be possible and
would come back with a proposal.
C. Workload and Priorities - Except for Initiative 1724 impacted items and work mandated by the legislature, the
Workload/Priorities stand mostly complete. The Committee questioned whether unfunded mandates might be
legally challenged. They further requested that Planning Commission items be separated from mandated items
and "other" items and the priorities brought back with a timeline for confirmation.
D. Planning Commission Appointments Action - The Committee m/s/c to accept staff recommendation that Todd
Suchan and Tim Carr be appointed to the Planning Commission, effective immediately, to replace
Commissioners Rick Feutz and G. Duane Denny.
E. Review of Bond Issue Proiect Schedule - Ten projects to reduce congestion and improve safety were approved
by voters in the 1995 General Election. All projects will begin the design phase in 1996. Projects #1, #Y2, and
##3 are scheduled for completion in 1996. Five million dollars in bonds have been sold to date. Sale of the
remaining two and a half million in bonds is not mandatory now, but the market is good and that sale should
take place soon. Some of the same consultants were hired for similar projects, i. e., SW Campus Drive at 6th
Avenue SW and South 356th Street at Highway 99, Project updates will be brought to the Committee at the
30 %, 85 % and 100 % completion stage. The Committee m/s/c to issue the last of the bonds for sale to take
advantage of favorable market conditions and to draft the ordinances to facilitate the sale. The recommendation
will pass to Council for first reading on February 6, 1996, and second reading on February 20, 1996.
F. Street Maintenance Contract with Lloyd's - Since incorporation, Lloyd's have provided loyal, local, dependable
service to the City. Service is good and their employees live here. Staff recommends that the contract with
Lloyd's be extended through December 31, 1996, in the amount of $356,832. The Committee m/s/c that
approval and will be considered by Council at their February 20, 1996, meeting.
G. Landscape Maintenance Contract - Staff is recommending expansion of the scope of the 1996 Landscape
Maintenance Contract. Expansion would add arterials maintained and extend the mowing season. Cost of the
contract is estimated to be $85,000. The Committee approved the recommendation to go to bid for Landscape
Maintenance Services and if the bid is within budget will be brought directly back to the City Council for
award.
H. South 324th Street Curb & Sidewalk Bid Authority - In January, 1995, Council approved $100,307 in CDBG
funds for the installation of sidewalk and wheel chair ramp improvements along South 324th Street. Needed
drainage improvements have been installed and the sidewalk project can now proceed. Staff is proposing to bid
the pro in February and bring the bid results and award recommendation directly to the City Council on
March 19, 1996, if the bids received are within budget. The Committee m/s/c staff recommendation.
OTHER ITEMS
There was no other business.
FUTURE MEETINGS/AGENDAS
The next meeting was scheduled for March 4, 1996, unless there was pressing need prior to that date.
ADJOURN
The meeting was adjourned at 7:l0pm.
[:A1-U-TRANS\F1M51,Ur.SUM
MEMO
To: LAND USE & TRANSPORTATION CO EE `
From: Greg McCormick, AICP - Principal Planner
Subject: AMENDMENTS TO KING COUNTY COUNTYWIDE PLANNING POLICIES
Date: February 22, 1996
LI-104MT =sil
The city has received a request from King County to review and ratify two amendments to the King County
Countywide Planning Policies (KCCPP's) (attached). Generally, the amendments include the following:
Amend Policy CA -1 to make language consistent with new state law contained in ESB 5776. This
amendment addresses the issue related to use of the appropriate United States Army Corps of
Engineers manual for delineation of wetlands.
Staff Comment: The proposed KCCPP language change provides cities a choice of which Corps of
Engineers manual to use (either 1987 or 1989) on an interim basis until the Washington State Department
of Ecology adopts a manual for wetland delineation. Once the DOE has adopted a manual jurisdictions
must adopt it for use in wetland delineation. DOE's manual will be based on the Corps 1987 manual.
Federal Way is currently using the Corps 1989 manual for wetland delineation. Staff intends to recommend
adoption of the DOE manual once developed (estimated to be mid-1996 at this point).
2. The second amendment is an amendment to the boundaries of the Urban Growth Area (UGA) for
the City of Renton. This amendment does two things:
A. This amendment adds 28 acres of land to a King County rural designation that was formerly
contained in the Renton/King County Joint Planning Area (JPA).
B. The amendment then adds approximately 30 acres of land to the Renton UGA that was
formerly designated as a part of the JPA. This "swap" of land is necessary due to the fact the
location of a bridge is changing to the east of its current alignment (refer to map attached)
Staff Comment: I spoke to Mike Katterman, the Renton Planning Director, to get more information
on this proposed amendment. Mr. Katterman indicated that the bridge in question is a King County project
and the land swap was needed to keep the Renton UGA as uniform and continuous as possible. Mayor
Tanner from Renton has sent a letter requesting the city to support the second amendment to the KCCPP's
which has been attached to this packet. I have indicated on the map attached to Mayor Tanner's letter
where the existing bridge is located and where the new bridge will be constructed.
Neither of the proposed amendments has a significant affect on Federal Way. The city is already in
compliance with the provisions of ESB 5776 and the proposed amendment is simply a housekeeping item
that brings the KCCPP's into compliance with state law. In terms of the second amendment, Federal Way
CITY COUNCEL
Page 2
February 22, 1996
does not have a contiguous boundary with Renton nor does there appear to be a conflict with the proposed
change to the Renton UGA.
Staff Recommendation
Staff recommends that the LUTC forward a recommendation of approval to the full city council and vote
to ratify the proposed amendments to the KCCPP's.
y
King County
February 8, 1996
The Honorable Mahlon (Skip) Priest
Mayor, City of Federal Way
33530 First Way South
Federal Way, WA 98003
Re: King County Countywide Policies Amendment - Ratification by Cities
Dear Mayor Priest:
RECEIVED
FEB 09 19%
CITY CLERKS OFFICE
CITY OF FEDERAL WAY
We are pleased to forward for your consideration and ratification the enclosed amendments to the
King County 2012 Countywide Planning Policies.
The Growth Management Planning Council (GMPC) met on September 20, 1995 and voted to pass
an amendment to the Phase I1 Countywide Planning Policies, Wetlands Protection section (Policy
CA -1) to make the language consistent with state law (ESB 5776). The King County Council
passed and ratified this amendment on behalf of the population of unincorporated King County by
Ordinance 12027 on November 20, 1995.
At the GMPC's November 15, 1995 meeting, the Council voted to amend ,the. boundaries of the
Urban Growth Area (UGA) for the City of Renton to include approximately 30 acres of new urban
land in the UGA. The original Renton Joint Planning Area comprised 57 acres (not to include the
30 acres of new land). Of that 57 acres, 29 acres were included in the Urban Growth Area and 28
acres were designated Rural in the King County Comprehensive Plan 1995 Amendment process as
provided for in Countywide Planning Policy FW -1, Step 8. King County representatives to the
GMPC proposed adding the 30 acres of new urban land at the November 15 GMPC meeting.
Ordinance 12081 passed and ratified this amendment on behalf of the population of unincorporated
King County.
To assist in your review of the amendments, you will find that new language added to the wetlands
policy is underlined and deleted language is struck through, or in the case of Renton, an ordinance
and map are attached. The proposed amendments are the result of an important effort of the
County, the City of Seattle and the Suburban Cities to work cooperatively in managing growth in
King County. We hope you will join us and ratify this amendment on behalf of our region.
If you have any questions, please feel free to contact us, Rebecha Cusack, Lead Staff to the King
County Council's Growth Management Committee at 296-0330, or Ikuno Masterson of the Office
of Budget and Strategic Planning, at 296-7251.
Cct-4. a.trt�.
The Honorable Mahlon (Skip) Priest
February 8, 1996
Page 2
Thank you for your consideration.
Sincerely,
2eHague, Chair
King County Council
C. - 0 0 f/s�k- W
Chris Vance, Chair
Growth Management, Housing and Environment Committee
Enclosures
ary Loc
King C my Executive
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October 17, 1995
MAMSA0.95R.rc
EC EMC OFFICE R_OCS
Introduced By: Christopher Vance
Proposed No.: 95 — 7 3 0
ORDINANCE N0. 7
AN ORDINANCE adopting an amendment to the Countywide
Planning Policies purFuant to RCW 36.70A.210; ratifying the
amended Countywide Planning Policies for unincorporated
King County; amending Ordinance 10450, Sections 3 through
5, as amended, and amending K C.C. 20.10.030, K.C.C.
20.1 0.040 and K.C.C. 20.10.050.
BE IT ORDAINED BY THE COUNCIL OF KING COUN—FY:
SFC11ON 1. FINDINGS. The council makes the following findings.
A. On May 25, 1994, The Growth Management Planning Council took final action
rccommcnding Phase R amends to the Phase I Countywide Planning Policies. The GMPC
recommendations can be found in the document entitled King County 2012 - Cours"ide
P1_anninnn Policies [5125/941.
B. The Metropolitan King County Council adopted and ratified the GMPC
recommended King County 2012 - Countywide Planning Policies[5/25/94] on August 15,
1994 pursuant to Ordinance 11446,
C. The GMPC met on September 20, 1995 and unanimously voted to pass an
amendment to the King County 2012 - Countywide Planning Policies[525/94], page 10, B.
Wetlands Protection, CA -1, making the Language consistent with state law (ESB 5776).
,SECTION 2. Ordinance 10450, Section 3, as amended, and K.C.C. 20.10.030 ere
each hereby amended to read Ps follows:
A. The Phase 11 Amendments to the King County 2012 - Countywide Planning
Policies attached to Ordinance 11446 are b=br,, approved and adopted.
BL The phase IT Am n ments to the Kin runty 201? - Qounn•«tide Plannine
Policies are amended- as shown by Attachment 1 to ibis Ordinance
SECTION 3. Ordinance 10450, Section 4, as amended, and K.C.C. 20.10.040 are
each hereby amrnded to read as follows:
5/CPP\cPp5n.* o.95r 12:26 PM 10/16/95
WOl!-21-1995 17:22 2062960194 P.03
1.x•-Ui ty i.. I; I. O i .-,J.X4-i U
12027
1 A. Countywide Planning Policies adopted by Ordinance 10450 for the purpose
2 specified are hereby ratified on behalf of the population of unincorporated King County.
3 B. The amendments to Countywide Planning Policies adopted by Ordinance 10840
4 are hereby ratified on behalf of the population of unincorporated King County.
5 C. The amendments to the Countywide Planning Policies adopted by Ordinance
6 11061 are hereby ratified on behalf of the population of unincorporated King County.
7 D. The Phase II Amendments to the King County - 2012 Countywide Planning
6 Policies adopted by Ordinance l 1446 are hereby ratified on behalf of the population of
9 unincorporated King County.
10 $, The amendments to the Kine - ; tnly - 201"? Countywide Planning Policies. as
11 shown by Attachment 1 to this Ordinance. are hereby ratified on behalf of the population
12 of unillooMorated King County.
13 SECTIOlTT 4. Ordinance 10450, Section 5, as amended, and K.C.C. 20.10.050 are
14 each amended to read as follows;
15 A. The Countywide Planning Policies adopted by Ordinance 10450 shall become
16 effective when ratified by ordinance or resolution by at least thirty percent of the city and
17 county governments representing seventy percent of the population of King County
18 accotding to the interlocal agreement. A city shall be deemed to have ratified the
19 Countywide Planning Policies unless, within ninety days of adoption by King County
20 unless, the city by legislative action disapproves the Countywide Planning Policies.
21 B. The Counrywide Panning Polices adopted by Ordinance 10840 shall become
22 effective when ratified by ordinance or resolution by at least thirty percent of the city and
23 county governments representing seventy percent of the population of King County
24 according to the interlocal agreement. A city shall be deemed to have ratified the
25 Countywide Planning Polices unless, within ninety days of adoption by King County, the
26 city by legislative action disapproves the Countywide Planning Polices.
27 C. The Countywide Planning Policies adopted by Ordinance 11061 shall become
28 effective when ratified by ordinance or resolution by at least thirty percent of the city and
29 county, governments representing seventy percent of the population of King County
30 according to the interlocal agreement. A city shall be deemed to have ratified the
g/cpp\cppamsao.95r -2::8 PM 10!1¢/99 - 2
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Countywide Planning Policies unless, within ninety days of adoption by King County. the
city by legislative action disapproves the Countywide Planning Policies.
D. The King County - 2012 Countywide Planning Policies adopted by this
Ordinance 11446 shall become effective when ratified by ordinance or resolution by at
least thirty percent of the city and county governments representing seventy percent of the
population of King County according to the interlocal agreement. A city shall be deemed
to have ratified the King County - 2012 Countywide Planning Policies unless, within
ninety days of adoption by King County, the city by legislative action disapproves the
King County - 2012 Countywide Planning Policies.
g/cpp\cppamz&c.SS: 12:28 PM 10/18195 - 3 -
1202'7
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2 E. The amendments to the King County - 2012 Countywide Planning Policies.
3 adopted by this ordinance shall become effective when ratified by ordinance or rGslution
4 by at least thirty percent of the city and counry governments representing seventy percent
5 of the population of King County according to the intrrloc l aaereement. A city shall be
6 degMed to have ratified the King County -''� Countywide Planning Policies unless
7 within nine,v days of adoption by King County. the city by legislative action disapproves
8 th . i g County - 2Q12 Countywide Planning Policies,
9 INTRODUCED AND READ for the first time this day of
10 (� �'� �, 2 _, 1995.
11 PASSED by a vote of to Q this 2�ay of
12 1995.
13 KING COUNTY COUNCIL
14 KING COUNTY, WASHINGTON
15
16 Chair
17 ATTEST:
19 Clerk of the Council `T'
20 APPROVED this day of 407 1995.
.121
22 King County ecutive
23 Attachments: Attachment 1: Amendment to the King County - 2012 Countywide Planning
24 Policies, CA -1
g/cpp\cppam9ao.95r 12:26 pY. 10/18/95 - 4 -
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September 19, 1995 Attachment 1
Sponsor:
Chris Vance for the GMPC
AMENDMENT to the King Cgunty - 2012 Counmyide Planning Polices 15/25/941
Page 10, B. Wetlands Protection, CA -1 is hereby amended:
CA -1. Until the Washington State Department of Fcoloev adopts a manual for the
delineation of wetlands pursuant to section I 1 of char 382 of the Laws of 1995.
jurisdictions shall have the option of using either the 1989 manual of the United States
Army Corns of Engineers or the Corps' 1987 manual in coniunetion with the Corps'
Washineton Rtgional Guidance. Once the Department of Ecology adopts its manual for
the delineation of wetlands. all jurisdictions shall use such state manual as it is initially
adopted or thereafter amended ((
jUFiSdietiBnal 3A MIAndr AS Mi...
))•
12 11 Effect: Flakes the CPPs consistent with state law (ESB 5776)
GAcpp\cpmn87c.doc, 10/1-,195 7:19 PM
February 8, 1996
The Honorable Skip Priest
Mayor, City of Federal Way
33530 First Way South
Federal Way WA 98003
RE: Ratification of Renton's Joint Planning Area
Dear Mayor Skip Priest:
CITY OF RENTON
Mayor
Jesse Tanner
'DEVELOPMENT BDEPAvT
FEB 15
I am requesting, by way of this letter, that your city ratify the amendment to the Countywide Planning
Policies resolving the boundaries of Renton's Joint Planning Area (JPA). After several months of
negotiation with King County staff, the City of Renton and King County have agreed on the boundary
of our JPA established under the Countywide Planning Policies of 1994. The JPA was approved by
the Growth Management Planning Council in November 1995, and adopted by the Metropolitan King
County Council on December 19, 1995 (see attached map).
The new JPA includes a virtual "swap" of about 30 acres that was previously designated as rural for
about 28 acres that was part of the original JPA, but will now be designated as rural. The reason for
the exchange is due to the County's plans to relocate the Elliott Bridge, spanning the Cedar River,
further to the east. Because this bridge represents an important transportation link between the East
Renton Plateau and the Maple Valley Highway, we have consistently held that it should be included
within the urban area.
Under the interlocal agreement covering amendments to the Countywide Planning Policies, the
amendment does not become effective until it is ratified by thirty percent of the jurisdictions
representing seventy percent of the population. Ratification can be by resolution approved by your
City Council. The resolution could reference the King County Ordinance No. 12081 (attached) and
follow the same format used for the original ratification of the Countywide Planning Policies.
Ratification by the local jurisdiction is also deemed to have occurred if there is no action rejecting the
amendment. Renton would appreciate your support of this effort and requests that you ratify the
amendment by either method you prefer. If you have any questions about the JPA, please feel free to
call Mike Kattermann of my staff at 277-6190. Thank you for your assistance in this matter.
Sincerely,
i
Jesse Tanner,,,,
Mayor j
v1
cc: Renton City Council Members
Jay Covington 4
Gregg Zimmerman �� G✓
Mike Kattermann
JPARATIRDOC
200 Mill Avenue South - Renton, Washington 98055 - (206)235-2580 / FAX(206)235-2532
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December 6, 1995
g:\comp-pla\' 95 Amend\rentons. doc
December 19, 1995 clerk
Introduced by: Chris Vance
Proposed No.: _95-763
ORDINANCE NO.
12081
AN ORDINANCE related to comprehensive
planning, implementing recommendations
relative to the joint planning area for
the City of Renton identified on the
Growth Management Planning Council's
Countywide Growth Pattern map; amending
the King County Comprehensive Plan Land
Use Map, and ratifying the amended
Countywide Planning Policies for
Unincorporated King County, amending
Ordinance 11581, Section 1 and K.C.C.
20.10.065 and adding a new section to
K.C.C. 20.12.
FINDINGS:
Joint Planning Areas (JPA) were designated by the Growth
Management Planning Council (GMPC) in Countywide Planning
Policy (CPP) FW -1 Step 8b for those cities, including Renton,
where agreement on the boundaries of each city's urban growth
areas (UGA) had not been reached. The GMPC determined that
the UGA for each city should be finalized by the end of 1995.
2. Consistent with CPP FW -1 Step 8, King County Comprehensive
Plan (KCCP) Policy 1-206 states that the county will complete a
joint planning process with the cities of North Bend, Issaquah,
Redmond, Renton, Black Diamond and Snoqualmie to determine
the final UGA boundaries for each city.
3. This ordinance is required to amend the boundaries of the UGA for
the city of Renton in accordance with the recommendations of the
Executive's 1995 KCCP Amendments.
4. This ordinance is consistent with the recommendations made by
the GMPC at their November 15, 1995 meeting regarding
amendment of the Renton joint planning area.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
NEW SECTION 1. There is hereby added to K.C.C. 20.12 to read as follows:
The Urban Growth Area as adopted by the Metropolitan King County Council in
Ordinance 11575 adopting the 1994 King County Comprehensive Plan is hereby amended as
follows:
The overlay designation of the Renton Joint Planning Area as shown on Attachment 1
to this ordinance shall be deleted from the Countywide Growth Patterq map and shall remain
12081
1 under King County jurisdiction with King County Comprehensive Plan land use designations
2 and zoning.
3 Referencing Attachment I to this ordinance, the King County Comprehensive Plan
4 Land Use Map and Zoning Map each shall be amended as follows:
5 A. The Urban Growth Area (UGA) boundary shall be shifted eastward to include new
6 land within the UGA totaling approximately 59 acres. The original Renton Joint Planning
7 Area comprised 57 acres. Of that 57 acres, the westernmost 29 acres shall be included in the
8 Urban Growth Area. The remaining, easternmost 28 acres of the original 57 -acre Renton Joint
9 Planning Area shall be designated as part of the Rural Area and approximately 30 acres
10 between the existing and proposed new alignments of the Elliott Bridge and its road
11 connection to the Maple Valley Highway shall be included in the Urban Growth Area. The
12 inclusion of the 30 -acre portion between the existing and new alignments of the Elliott Bridge
13 in the UGA is herebyTatified on behalf of the population of unincorporated King County, and
14 shall become effective when ratified by ordinance or resolution by at least thirty percent of the
15 city and county governments representing seventy percent of the population of King County,
16 as provided by the Countywide Planning Policies.
17 B. The new 59 acres within the UGA shall be designated "Greenbelt/Urban Separator"
18 on the Land Use Plan Map and zoned "Urban Reserve" on the Zoning Map.
19 SECTION 2. Ordinance 11581, Section 1 as amended, and K.C.C. 20.10.065 is hereby
20 amended to read as follows: A. Ordinance 11446, UGA map in Appendix 1 is hereby
21 amended as*shown on the attached recommendation (to Ordinance 11581) for the city of Renton
22 and is further amended by Attachment I to this ordinance.
23 B. Ordinance 11446, UGA map in Appendix 1 is hereby amended as shown on the
24 attached recommendation (to Ordinance 11582) for the city of Snoqualmie.
25 C. Ordinance 11446, UGA map in Appendix i is hereby amended as shown on the
26 attached recommendation (to Ordinance 11585) for the city of Redmond. Development of this
27 site should be required to protect significant tree stands, views from the valley and maintain the
28 current rural look of the site. Setbacks and development limitations on the western portion of the
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12081
properties should be utilized to maintain a buffer from agricultural lands of the Sammamish
Valley.
D. Ordinance 11446, UGA map in Appendix 1 is hereby amended as shown on the
attached recommendation (to Ordinance 11593) for the city of Issaquah.
INTRODUCED AND READ for the first time this day of
19 93�
PASSED by a vote of—i to 3 this /9 day of �� 1929
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
Chair
ATTEST:
Clerk of the Council
APPROVED this 2� day of 19-b
Ki County Ixecutive
Attachment 1: Map of Renton Joint Planning Area
3
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- LO
r 081
SE 142 5T
29 acres
:.Renton
28 acres
S" 1fg '_30=_ dre
Male valley no
C
r4o W •
ay SF
160 pL Se.:
N 0 1000 2000 3000 Feet Renton Existing
A
�..�--------- Joint Planning Area
Joint Planning Area
O King County Not originaly in JPA
DDES ^ert c7 ert ara °rrtronmema; Services UGA Correction
y,
Geogracr,r- irtormaz,ar, System
NTvemce• 1995 UGA existing
D
interoffice
M E M O R A N D U M
d'
to: City Council Nt-,
from: Greg McCormick, AICP )Jul
subject: Planning Commission Membership
date: February 23, 1996
Staff has been directed to research the composition of the planning commission and the potential
for reducing the number of commissioners from the current 9 member commission to 7 members.
Federal Way as a'code city is subject to the provisions of RCW 35A.63.020, Planning agency -
Creation -Powers and duties -Conflicts of Interest (attached). Essentially, this RCW section
provides for the membership and organization of the planning commission. The RCW does not
provide specific requirements for the number of commissioners that can be appointed or the term
which the commissioners serve.
City staff surveyed several cities in the region regarding the number of planning commissioners
and the terms that they serve. The following are the results of that survey:
CITY
NUMBER OF COMMISSIONERS
LENGTH OF TERM
Auburn
7 Members
4 year - staggered
Bellevue
5 Members
4 year - staggered
Des Moines
7 Members
4 year - staggered
Kent
Council disbanded PC - is being
reorganized - prior 9 members, may
be reduced as part of regorganization
6 year - may be reduced under
reorganization
Kirkland
7 Members
4 year
Redmond
7 Members
4 year
Renton
9 Members
3 year - staggered
Sea -Tac
7 Members
5 year
As can be seen from the table above, most cities surveyed have opted for 7 member commissions
with Bellevue at 5 and Renton with 9 commissioners. A seven member commission would
provide a good opportunity to have broad community interests represented on the commission
with a manageable number of commissioners. As the Council may know, the commission has had
some problems recently achieving a quorum at its meetings. Reducing the number of
commissioners may make it easier for quorums to be achieved.
MEMO �
To: LAND USE & TRANSPORTATION COTTEE
y
From: Greg McCormick, AICP - Principal Planner
Subject: PLANNING COMMISSION APPOINTMENT
Date: February 23, 1996
On February 21, 1996 the planning commission completed the public hearing and recommendations
on the Non-residential Code Revision project. With the completion of this project two vacancies on
the planning commission result. Both Mark Freitas and Bob Griebenow, whose appointments expired
September 30, 1995, have fulfilled their terms on the commission. These vacancies reduce the
number of commissioners to seven.
At the time the council appointed the two new members Tim Carr and Todd Suchan, an alternate
planning commissioner was also appointed (Brian Johnson). Given the number of planning
commission meetings that have been canceled recently due to a lack of a quorum ( three members
did not attend the February 14th meeting), staff requests that the LUTC forward a recommendation
to the full city council to appoint the alternate, Brian Johnson, to fill the one of the vacancies created
by Mr. Frietas and Mr. Griebenow completing their appointments on the commission. The City
Clerk's office will then have to advertise for applicants to fill the second vacant position.
Alternatively, the number of planning commission members could be reduced from nine to seven as
has been discussed recently. By amending the commission's by-laws to establish a seven member
commission no new appointments or advertising for additional applicants would be necessary at this
point. Reducing the number of commissioners would also result in a reduction of members necessary
for a quorum from five to four. Please find attached a memo regarding planning commission
membership staff prepared for council review.
is\greg\appoint.pc
MEMO
TO: Land Use Committee
FROM; Kathy McClung, Deputy Community Development Services
Director
DATE: February 29, 1996
RE: Sign Enforcement Summer Program
At the last Committee meeting, it was suggested that the City
hire interns to help complete the sign enforcement program this
Summer. Since this summer program is not in the budget, it
requires Council direction to spend city manager contingency
money for this purpose.
I have estimated a budget of $30,000 for this program. $22,000
of that represents salaries for four interns and the remainder
will purchase or lease equipment they will need for the Summer.
I have discussed this proposal with Ken Nyberg, City Manager and
Marie Mosley, Deputy Management Services Director. They have
cautiously approved the recommendation. This represents
approximately 5.2% of the contingency fund. This early in the
year it is not possible to forecast other unexpected expenses,
but it appears that this expenditure will not cause a problem.
C. Ken Nyberg, City Manager
Marie Mosley, Deputy Management Services Director
MEMO
TO: Land Use Committee
From: Kathy McClung, Deputy Director Community Development Director
Date: February 27, 1996
Re: 1996 Work Program
Attached is the updated work program proposed for the Planning Commission as well as an
estimated timeline for these projects. The list of projects that can be brought to the Planning
Commission (everything above the line) is relatively short because of the number of special
projects (see separate list attached) that have been assigned to this department this year. If
permit activity decreases or if we are able to accomplish the special projects faster than we
have estimated, we will take more items to the Planning Commission.
Staff requests concurrence from the LUTC as to the priorities set forth for the Planning
Commission.
Revised Planning Commission Work Program 1996
(Staff Recommendation)
The projects above the line represent what the Planning
Commission will review in 1996. Items below the line may also be
scheduled with the Planning Commission depending on the progress
of the special projects assigned to the Community Development
Department (see attached) and the number of permits being
processed at any given time.
1. Commercial zones/zoning map (95% complete)
Comment: The Planning Commission should complete this
project in the first quarter of this year. This
project also includes design guidelines. The
Planning Commission completed this project on
February 21st.
2. House Bill 1724
Comment: State mandated regulatory reform measures will
require changes to our Zoning Code, Subdivision
Code, Shoreline Master Program, Environmental
Regulations, and processing procedures.
3. Junk Vehicles (90% complete)
Comment: This is a code amendment to add a definition in
our code to assist with enforcement of junk
vehicles in residential zones.
4. Annual Comprehensive Plan Update. The Growth Management Act
and HB 1724 require cities to update the comprehensive plan
yearly if there is a request for it.
5. Enchanted Parks Annexation. If the City completes the
annexation this year, the zoning and any concomitant agreements
will go to the Planning Commission.
6. Review of non-conformance provisions, i.e. phased improvements
7. Wetland variable Buffer/Stream Setbacks/miscellaneous (50%
complete)
8. Proposed Comprehensive Plan Follow-up
Comment: There are a number of follow-up items that have
been identified through the comprehensive plan
effort. Following is a non -prioritized list.
A. Subdivision Code (including opens space, zero lot line
provisions, binding site plans and clustering provisions.
B. Impact fees for transportation and parks as allowed under
GMA.
C. Shoreline Master Program update which include preparing
our own program, the Weyerhauser concomitant agreement
commitment to change the designation from conservancy to
urban and related changes to House Bill 1724.
D. PUD provisions in zoning code which includes flexibility
to include creative developments which cannot occur under
current provisions.
E. Residential code amendments for urban design guidelines.
F. Implement affordable housing policies.
G. Subarea planning (348th, 99 corridor)
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Special Projects Work Program 1996
1. Appeal to the Comprehensive Plan
Comment: An appeal to the city's adopted comprehensive plan
has been filed with the State Hearings Board. The hearing
is scheduled in May.
2. Airport Issues (Including CTED grant, Four Post Plan, ACC,
Seatac Master Plan, PSRC, etc.)
3. Space Planning
Comment: The Department has contributed almost a full FTE
towards the planning of the police facilities and
utilization of the office space in the Smith
Barney Building. There is still some follow up
work that needs to be completed.
4. Enchanted Park Annexation (50% complete)
Comment: If this annexation is approved this year, the City
will be required to conduct a census in the area
within 60 days.
5. Sign Enforcement and Notification Program
Comment: This includes enforcement of signs within the
public right of way, portable signs and other
signs of a temporary nature and notification to
businesses of all signs that must be eventually
brought into conformance. We have estimated that
this project will take one person 1 and one half
to two years to complete.
6. Economic Development
Comment: This project is undefined but generally will
include preparation of a economic development plan
and researching and reporting trends in the area.
7. Downtown Implementation Program-'
Comment: The City Manager has directed staff to work with
the property owners within a small, defined area
in the downtown to create an improvement plan to
be implemented in 1997. The exact scope of this
project has not been determined.
8. Subdivision Administrative Changes (90% complete)
Comment: Needs ordinance and SEPA review. Does not require
a hearing before the Planning Commission.
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
DATE: February 27, 1996
TO: Phil Watkins, Chairman
Ron Gintz, Councilmember
Mary Gates, Councilmember
Land Use and Transportation Committee
of the Federal Way City Council
FROM: James J. McNamara, Deputy City Attorney
SUBJECT: Funds for Compliance with ESHB 1724
At the last meeting of the Land Use and Transportation
Committee, the question was posed by Councilman Gintz as to
whether funds were available for assisting the City with
complying with ESHB 1724 and, if not, did ESHB constitute an
"unfunded mandate". ESHB 1724 is the recently enacted state
legislation that requires all cities and counties planning under
the Growth Management Act (GMA) to streamline their permitting
and appeals processes.
There was a limited amount of money made available to comply
with ESHB 1724. This money was available for a competitive
application process that funded "pilot projects" to be used as
models for the rest of the state. Recipients included Pierce
County and the cities of Mill Creek, Kennewick, and Olympia.
No other money was made available.
The prohibition against unfunded mandates arose in
Initiatives 62 and 601, now codified in RCW 43.135.060.
RCW 43.135.060(1) provides that:
The legislature shall not impose responsibility for new
programs or increased levels of service under existing
programs on any political subdivision of the state unless
the subdivision is fully reimbursed by specific
appropriation by the state for the costs of the new
programs or increases in service levels.
In Tacoma v. State, 117 Wn.2d 348 (1991) the Court held that
the State's obligation to reimburse local governments arises when
(1) the program or service is a responsibility imposed by the
Legislature; and (2) is a new program or increased level of
Memo to Land Use and Transportation
Committee
Re: ESHB 1724
February 27, 1996
Page 2
service under an existing program.
Based on this prohibition on "unfunded State mandates",
the City will keep close track of all expenses incurred in
complying with ESHB 1724 provisions in the event the City Council
elects to file suit against the State to recover these costs.
The limited amount of money made available by the State is
insufficient to constitute "full reimbursement" under RCW
43.135.060. Thus, the City could elect to either:
(1) Comply with ESHB 1724 and later file a lawsuit seeking
reimbursement from the State for an unfunded mandate;
(2) Immediately file an unfunded mandate lawsuit and refuse
to comply with ESHB 1724; or
(3) Comply with ESHB 1724 and incur the cost associated with
such compliance.
We look forward to receiving your further direction on this
matter.
cc: Greg Moore, Director of Community Development
Londi Lindell, City Attorney
K:\MEMO\601.JJM
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 27, 1996
TO: Land Use/Transportation Committee
Phil Watkins, Chair
FROM: AmGregory D. Moore, AICP, Director of Community Development Services
pv4 `' Margaret Clark, AICP, Senior Planner
RE: School Impact Fees and Accessory Dwelling Units
During the January 22, 1996 Land Use Committee meeting, the Committee discussed
whether Accessory Dwelling Units (ADUs) should be subject to payment of the school
impact fee. The Committee requested the Legal Department to research the question and
prepare an Ordinance for a future committee meeting which would include a one year
window of opportunity to allow "illegal" ADUs to come in and register without having to
pay the school impact fee with the following alternatives:
1. Charge the same fees for ADU's as for multi -family.
2. Charge lower fees for ADUs based on the affordable housing argument.
3. Exempt all ADUs from having to pay school impact fees.
Based on their research and conversations with Grace Yuan, the School District Attorney,
Legal concluded that Option 2, which was to charge lower fees for ADUs than for other
multi -family units, would be a violation of the equal protection clause of the U.S.
Constitution. Option 3, which would have been to exclude all ADUs from the school impact
fee requirement, is not recommended due to the potential impact of ADUs on the school
system.
In response to the committee's request, the Legal Department prepared two alternative
amendments. The first would provide a one year window of opportunity for existing
(occupied) ADUs and the second would provide a one year window of opportunity for all
ADUs, whether occupied or not. In addition, Option 1 which is to charge ADUs the same
fees as multi -family units is the recommended alternative.
IMPCTFGB\LUCRSPNS.I
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
DATE: February 6, 1996
TO: Phil Watkins, Chairman
Land Use and Transportation committee
FROM: James J. McNamara, Deputy City Attorney
SUBJECT: School Impact Fees on Accessory Dwelling Units
At the January 22, 1996 meeting of the Land Use and
Transportation Committee the question was raised as to whether it
would be possible to apply a reduced school impact fee on Accessory
Dwelling Units (ADUs). Unless special provision is made otherwise,
ADUs (whether attached or detached) would pay a school impact fee
of $1423.
It is our opinion, and the opinion of Grace Yuan, attorney for
the School District, that establishing a reduced fee for ADUs would
be a violation of the equal protection clause of the U.S.
Constitution. The equal protection clause requires that similarly
situated properties be treated in the same manner. Were the City
to impose a reduced school impact fee on ADUs, the developer of a
multi -family housing development containing units of similar square
footage as allowed for ADUs (which would be subject to the full
school impact fee) would be likely to assert that his rights under
the equal protection clause had been violated. Although the City
has an interest in providing for affordable housing, that goal
would not support imposing a school impact fee on an ADU which is
lower than that imposed on a multi -family unit of a similar size.
In light of this conclusion, we have attached two alternative
amendments to the impact fee ordinance. The first alternative
creates a window of one year in which all ADUs, new or "existing",
would be exempted from payment of school impact fees. The second
alternative would create a one year window during which only
"existing" ADUs would be exempted from the payment of school impact
fees. "Existing" ADUs are those ADUs which were in a condition at
the time that the ordinance was adopted to fall within the
definition of an ADU, whether occupied or not.
cc: Margaret Clark
Greg Moore
Sandy Lyle
K:\MEMO\aduequat.JJM
DRAFT
2-7-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE
VI TO CHAPTER 14 OF THE FEDERAL WAY CITY CODE
TO PROVIDE AN EXEMPTION FOR ACCESSORY DWELLING
UNITS FROM THE PAYMENT OF SCHOOL IMPACT FEES
FOR A PERIOD OF ONE YEAR
(AMENDS ORDINANCE NO. 95-249)
WHEREAS, the
City
of
Federal Way
(the
"City")
is
authorized by Chapter
82.02
RCW
to condition
new
growth
and
development within the City upon the payment of a proportionate
share of the cost of new school facilities to serve such growth and
development through the assessment of impact fees; and
WHEREAS, by Ordinance No. 95-249 the Federal Way City
Council has provided that school impact fees be assessed on all
residential development activity in the City; and
WHEREAS, by Ordinance No. 95-245 the Federal Way City
Council has provided for the existence of Accessory Dwelling Units
("ADU's) in the City as a reasonable means of providing for
affordable housing; and
WHEREAS, it is in the public interest to provide a
reasonable period of time during which the public may be given
notice of the applicability of school impact fees to new
construction such as ADU's and may register the existence of their
ADU with the City without payment of the school impact fee; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORD # 11 PAGE 1
section 1. Amendment. Section 14-214 of Article VI to
Chapter 14, Taxation, of the Federal Way City Code is hereby
amended to provide as follows:
Sec. 14-214. Exemptions and Credits.
A. The following shall be exempt from the application of
impact fees:
1. any form of housing exclusively for the elderly,
including nursing homes and retirement centers, so long as these
uses are maintained in perpetuity and the necessary covenants or
declarations of restrictions are recorded on the property to ensure
that no children will reside in the development; or
2. the replacement of a structure with a new structure
of substantially the same size and use at the same site or lot when
such replacement occurs within twelve (12) months of the demolition
or destruction of.the prior structure; or
3. alterations or expansion or enlargement or
remodeling or rehabilitation or conversion of an existing dwelling
unit where no additional units are created and the use is not
changed.
4. Accessory dwelling units ("ADU's"), as defined in
FWCC 22-1, provided that such ADU's are registered with the City by
March 1, 1997.
B. Arrangement may be made for later payment with the
approval of the District only if the District determines that it
ORD # , PAGE 2
will be unable to use or will not need the payment until a later
time, provided that sufficient security, as defined by the District
in its sole reasonable discretion, is provided to assure payment.
Security shall be made to and held by the District, which will be
responsible for tracking and documenting the security interest.
C. The developer shall receive a credit for any payment
which has already been made for the lot or development activity in
question, either as a condition of development approval or pursuant
to the terms of a voluntary mitigation agreement. 'Phe -fee amount
due on the development activity shall be reduced by the amount of
the credit.
D. The developer can request that a credit or credits be
awarded for the value of dedicated land, improvements, or
construction provided by the developer. The District shall first
determine the general suitability of the land, improvements, and/or
construction for District purposes. Second, the District shall
determine whether the land, improvements, and/or the facility
constructed are included within the District's adopted Capital
Facilities Plan or the Board of Directors for the District may make
the finding that such land, improvements, and/or facilities would
serve the goals and objectives of the Capital Facilities Plan of
the District. The District shall forward its determination to the
City, including cases where the District determines that the
dedicated land, improvements, and/or construction are not suitable
for District purposes.
ORD # , PAGE 3
E. For each request for a credit or credits, if appropriate,
the District shall select an appraiser from a list of independent
appraisers. The appraiser shall be directed to determine the value
of the dedicated land, improvements, or construction provided by
the developer for the District. The developer shall pay for the
cost of the appraisal.
F. After receiving the appraisal, the District shall provide
the developer with a letter or certificate setting forth the dollar
amount of the credits the reason for- the -creel -t,.- where applicable,.
the legal description of the site donated, and the legal
description or other adequate description of the project or
development to which the credit may be applied. The applicant must
sign and date such letter or certificate indicating his/her
agreement to the terms of the letter or certificate, and return
such signed document to the District before the City will award the
impact fee credit. The failure of the applicant to sign, date, and
return such document within sixty (60) calendar days shall nullify
the credit.
G. Any claim for credit must be made no later than twenty
(20) calendar days after the submission of an application for a
building permit.
H. In no event shall the credit exceed the amount of the
impact fees due.
section 2. Severability. The provisions of this
ordinance are declared separate and severable. The invalidity of
ORD # , PAGE 4
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 3. Ratification. Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 4. Effective Date. This-ordinanceshall take
effect and be in force thirty (30) days from the time of its final
passage, as provided by law.
PASSED by the City Council of the City of Federal Way
this day of
ATTEST:
. 1996.
CITY OF FEDERAL WAY
MAYOR, MAHLON S. PRIEST
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\0RDIN\ADUIMP.AM2
ORD # , PAGE 5
CITY of C�
uv RY
DATE: February 28, 1996
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Cary M. Roe, P.E. 4
Public Works Director 7
SUBJECT: Federal Emergency Management Administration (FEMA)
State of Washington Military Department Emergency Management Disaster Funding
BACKGROUND
The flooding and wind storms that occurred in King County between November 7th and
December 18th, 1995, have been declared a Major Disaster. As a result of this Presidential
declaration, the City of Federal Way is eligible to recover a portion of the expenditures made
in responding to these events. Estimated eligible expenditures are approximately $28,624; the
final amount will be determined within the next couple of weeks.
Eligible expenditures are reimbursed by FEMA at 75 % and by the State of Washington at
12.5 %; the remaining 12.5 % is borne by the City. In addition, the City is allowed a 3 %
administrative overhead amount, which is calculated on the adjusted (87.5 %) reimbursement
total.
SUMMARY
In order to participate in the Federal/State Emergency Management Program, the City is
required to complete and/or execute the following documents which are attached to this
memorandum:
Document Status/Action Requested
• Notice of Interest Form Confirmation of submitted form
• Designation of Applicant Agent Approve attached Resolution
• Disaster Assistance Application Approve submittal of application
• WA State Emergency Management Agreement Approve attached Agreement
RECONEMENDATION
Authorize staff to pursue Federal and State Emergency Disaster Funding for the above
referenced Disaster by approving the attached Resolution designating the Public Works Director
as the City's Agent; Disaster Assistance Application; Agreement between Washington State
Emergency Management and the City of Federal Way; and forward these documents to the
March 19, 1996 City Council meeting for approval.
CMR:jg
Attachments
cc: Project File
Day File
kW�Uerm.mem
FEDERAL EMERGENCY MANAGEMENT AGENCY
NOTICE OF INTEREST IN APPLYING
O.M.B. NO. 3067-0033
FOR FEDERAL DISASTER ASSISTANCE
F7
Expires May 31, 1996
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 30 minutes per response. This includes the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, completing, reviewing, and submitting the
form. Send comments regarding this burden estimate or any aspect of this requirement, including suggestions for reducing this
burden to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, S.W., Washington, D.C.
20472; and to the Office of Management and Budget, Paperwork Reduction Project (3067-0033), Washington, D.C. 20503.
"NOTE: Complete form and turn into the Governor's Authorized Representative at the Applicants Briefing for this major
disaster, but not later than 30 days after your county is designated eligible for Public Assistance".
DECLARATION NUMBER
PROJECT APPLICATION NUMBER
NOI DATE
(For Agency Use Only-FIPS
FEMA- / �' �% DR- i
i
_
/
f �' i
The purpose of this form is to list damages to property and facilities so that inspectors may be appropriately assigned for
formal survey.
REQUIREMENTS FOR FEDERAL DAMAGE SURVEYS
A. DEBRIS CLEARANCE B. PROTECTIVE MEASURES
® On Public Roads & Streets including ROW ❑ Life and Safety
❑ Other Public Property ❑ Property
❑ Private Property (When undertaken by local govt. forces) ❑ Health
❑ Structure Demolition ❑ Stream/Drainage Channels
C. ROAD SYSTEM D. WATER CONTROL FACILITIES
❑ Roads ❑ Street ❑Control Traffic ❑ Dikes ❑ Dams
❑ Bridges ❑ Culverts ❑ ❑ Drainage Channels ❑ Irrigation Works
❑ Levees ❑
E. BUILDINGS AND EQUIPMENT F. PUBLIC UTILITY SYSTEMS
❑ Buildings and Equipment ❑ Water ❑ Sanitary Sewage
❑ Supplies or Inventory ❑ Storm Drainage ❑ Light/Power
❑ Vehicles or other equipment ❑
❑ Transportation Systems
G. OTHER (Not in the above categories) ❑ Park Facilities ❑ Recreational Facilities
* Indicate type of facility
NAME OF POLITICAL SUBDIVISION OR ELIGIBLE APPLICANT (NOTE:
PRIVATE NON-PROFIT
COUNTY
If Private Non-Profit provide name of facility and(or Non-Profit Owner)
1
❑ YES ] NO
REPRESENTATIVE 1. - -
REPRESENTATIVE 2.
BUSINESS ADDRESS (Include Zip Code),
BUSINESS ADDRESS (Include zip code)
,USINESS TELEPHONE (Include Area Code and Extension)
TELEPHONE (Include area code and extension)
FEMA Form 90-49, MAY 94 REPLACES ALL PREVIOUS EDITIONS Fag* 1 of z
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO APPLY FOR FUNDING
NECESSARY FOR THE REPAIR AND RESTORATION OF
PUBLIC FACILITIES DAMAGED DURING THE WINTER OF
1995
WHEREAS, the City of Federal Way (the "City") sustained
storm damage in the winter of 1995; and
WHEREAS, Federal disaster relief funding is provided by
the Federal Emergency Management Agency ("FEMA") and is
administered by the State of Washington Military Department (the
"Department"); and
WHEREAS, under the authority of Presidential Major
Disaster Declaration FEMA 1079 -DR -WA, the Department has authority
to reimburse the City for those eligible costs and activities
necessary for the repair and restoration of public facilities
damaged during the period of November 7 through December 18, 1995;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY HEREBY RESOLVES AS FOLLOWS:
Section 1. Designation and Authorization. The Public
Works Director is hereby designated as the City's authorized
representative for obtaining federal and/or emergency or disaster
assistance funds and is hereby authorized to execute applications
for reimbursement of all eligible costs incurred in repairing and
Res. # , Page #
restoring public facilities damaged between November 7 and December
18, 1995.
Section 2. Severability. If any section, sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
Section 3. Ratification. Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
Section 4. Effective Date. This resolution shall be
effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this day of
CITY OF FEDERAL WAY
1996.
MAYOR, MAHLON H. "SKIP" PRIEST
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
Res. # , Page #
X
DISASTER ASSISTANCE APPLICATION
DEM - 131
Application Identifier:
State Number:
Federal Number :
FEMA -1079 -WA
Federal Catalog Number: 83.516
Title: Disaster Assistance
Declaration Date: January 3, 1996
Applicants Project Application Number:
Legal Applicant Recipient
- Applicants Name City of Federal Way
- Address 33530 First Way So
- Street / P.O. Box
- County
Ring
- City Federal Way
- Zip Code
98003
Applicant Agent:
- Name Cary M. Roe
Phone Number:
- Title Public Works Director
Work (206 )
661 - 4130
Home (360 )
825 - 9102
Signature
Date:
Type of Applicant:
A - State F
- Higher Educational
Institution
B - County G
- Indian Tribe
C - City H
- Private NonProfit
D - School District I
- Other (Specify)
E - General Purpose District
Enter Appropriate Letter
C
Congressional District Number:
9th
State Legislative District Number:
30th
Governor's Authorized Representative:
Signature:
Date:
am
WMD Agreement No.: MD -97-61 10
STATE OF WASHINGTON
MILITARY DEPARTMENT
STATE EMERGENCY MANAGEMENT
J. AND
1.0 PARTIES TO THIS AGREEMENT
This agreement is made and entered into by and between the WASHINGTON
MILITARY DEPARTMENT or its successor agency, he einafter referred to as
"DEPARTMENT", and the tae
hereinafter referred to as the ",APPLICANT".
WHEREAS the DEPARTMENT is authorized by the 1995 FEMA -State Agreement for
the Winter Storms 1995 Event to execute on behalf of the State of Washington all
necessary documents for public assistance, including approval of subgrants and
certification of claims;
THEREFORE, both parties mutually agree to the following:
2.0 PURPOSE
Federal funding is provided by the Federal Emergency Management Agency (FEMA)
and is administered by the DEPARTMENT. Under the authority of Presidential Major
Disaster Declaration FEMA 1079 -DR -WA, the DEPARTMENT is reimbursing the
APPLICANT for those eligible costs and activities necessary for the repair and
restoration of public facilities damaged during the period of November 7 through
December 18, 1995.
3.0 TIME OF PERFORMANCE
Activities payable under this agreement and to'be performed by the APPLICANT
under this agreement shall be those activities which occurred on or subsequent to
the incident period defined in the FEMA -State Agreement and shall terminate upon
completion of the project(s) approved by federal and state officials, including
completion of close out and audit. This period shall be referred to as the
"Agreement Period."
4.0 CLOSE-OUT
It shall be the responsibility of the DEPARTMENT to issue close-out instructions to
the APPLICANT upon completion of the project(s).
FEMA -1079 -DR -WA 1/96 Page 1 of 10
5.0 FUNDING
The DEPARTMENT will administer the disaster assistance program and reimburse
any eligible costs for eligible projects to the APPLICANT which are identified under
the auspices of the Presidential Major Disaster Declaration FEMA 1079 -DR -WA. It
is understood that no final dollar figure is committed to at the time that this
agreement is executed, but that financial commitments will be made by
amendments to the project application as Damage Survey Reports are completed in
the field and projects are authorized by state and federal officials.
Pursuant to the FEMA -STATE AGREEMENT, the Federal Emergency Management
Agency will contribute 75 percent of the eligible costs for any eligible project and
100 percent of the administrative costs, as provided for in subsection 4 of
Section 6.0.
Pursuant to the FEMA -STATE AGREEMENT, the DEPARTMENT will commit the
required 12.5 percent match to any eligible project for the APPLICANT which has
been identified under the Presidential Major Disaster Declaration
FEMA 1079 -DR -WA.
The APPLICANT will commit the required 12.5 percent match to any eligible project
for the APPLICANT which has been identified under the Presidential Major Disaster
Declaration FEMA 1079 -DR -WA.
6.0 PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Presidential Major
Disaster Declaration from FEMA and the state of Washington, shall issue payments
to the APPLICANT in compliance with the Washington State Public Assistance
Manual procedures as follows:
Small project payments: Payments are made for all small projects to the -
APPLICANT upon submission and approval of an A-19-1 A Invoice Voucher
to the DEPARTMENT.
2. Progress Payments: Progress payment of funds for costs already incurred on
large projects may be made to the APPLICANT upon submission and
approval of an A-19-1 A, Invoice Voucher from the APPLICANT to the
DEPARTMENT.
3. Final Payment: Final payment will be made upon submission by the
APPLICANT on form DEM -001 (2/89), STATEMENT OF DOCUMENTATION
IN SUPPORT OF AMOUNT CLAIMED FOR FINANCIAL DISASTER
ASSISTANCE upon completion of project(s), completion of all final
inspections by the DEPARTMENT, and final approval by FEMA. Final
payment may.also be conditioned upon a financial review, if determined
necessary by the DEPARTMENT or FEMA. Adjustments to the final payment
may be made following any audits conducted by the Washington State
Auditors Office or the United States Inspector General.
FEMA -1079 -DR -WA 1/96 - Page 2 of 10
4. The APPLICANT is eligible to receive federal administrative monies, upon
completion and closure of the project, for the costs of requesting, obtaining,
and administering the disaster assistance grant based upon the following
percentages of total eligible costs:
For the first $100,000 of eligible costs, three percent of such costs;
For the next $900,000, two percent of such costs;
For the next $4,000,000, one percent of such costs; and
For those costs over $5,000,000, one-half percent of such costs.
5. All payment requests shall be made on an A-19-1 A form, State of
Washington, Invoice Voucher.
6. Funding shall not exceed the total federal and state contributions eligible for
the repair and restoration costs under this Presidential Major Disaster
Declaration FEMA 1079 -DR -WA.
7.0 RECORDS MAINTENANCE
The APPLICANT shall maintain books, records, documents, and other evidence and
accounting procedures and practices which sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this agreement.
These records shall be subject at all reasonable times to inspection, review, or audit
by DEPARTMENT personnel, other personnel duly authorized by the DEPARTMENT,
the Office of the State Auditor or the United States Inspector General. The
APPLICANT will retain all books, records, documents, and other material relevant to
this agreement for six years after the agreement is closed and the Office of the
State Auditor, the United States Inspector General, or any persons duly authorized
by the DEPARTMENT shall have full access to and the right to examine any of said
materials during said period.
8.0 AUDITS
Audits shall be in accordance with the Single Audit Act of 1984. The APPLICANT
is to procure audit services based on the following guidelines:
1. APPLICANT receiving less than $25,000 in federal funds in a fiscal year is
exempt from compliance with the Single Audit Act. However, records must
be available for review by the DEPARTMENT.
2. APPLICANT receiving $25,000 to $100,000 in total federal funds in a fiscal
year may chose to have an audit made in accordance with Office of
Management and Budget's (OMB) Circular A-128 or a program audit.
FEMA -1079 -DR -WA 1/96 Page 3 of 10
3. APPLICANT receiving 5100,000 or more in a fiscal year in total federal funds
shall have a Single Audit made in accordance with OMB Circular
A-128.
As applicable, the APPLICANT must ensure the audit is performed in accordance
with Generally Accepted Accounting Principles; Government Auditing Standards
developed by the Comptroller General, dated July 1988; the OMB Compliance
Supplement for Single Audits of State and Local Governments; and all state and
federal laws and regulations governing the program.
The audit of the APPLICANT'S program shall be conducted by the Office of the
State Auditor.
The APPLICANT must prepare a Schedule of Financial Assistance for federal funds
that includes: grantor name, program name, federal catalog (CFDA) number,
grantor agreement number, total award amount, beginning balance, current year
revenues, current year expenditures and ending balance.
The APPLICANT shall maintain its records and accounts in such a way as to
facilitate the DEPARTMENT's audit requirements, and ensure that Subcontractors
also maintain records which are auditable. The APPLICANT is responsible for any
audit exceptions incurred by its own organization or that of its Subcontractors. The
DEPARTMENT reserves the right to recover from the APPLICANT disallowed costs
resulting from the final audit.
The APPLICANT is responsible for sending the audit report to the DEPARTMENT's
Internal Audit Manager as soon as it is available, but no later than thirteen months
after the end of the APPLICANT's fiscal year. Responses to previous management
findings and disallowed or questioned costs shall be included with the audit report.
The APPLICANT will respond to the DEPARTMENT's requests for information or
corrective action concerning audit issues within 30 days of the date of the request.
The APPLICANT shall include these requirements in any subcontracts.
9.0 RECOVERY OF FUNDS
In the event that the APPLICANT fails to complete the project(s), fails to expend or
is over advanced federal funds in accordance with federal or state disaster
assistance laws or programs, or is found by audit or investigation to be owing to
the state, the DEPARTMENT reserves the right to recapture funds in accordance
with federal or state laws and requirements. Repayment by the APPLICANT of
agreement funds under this recovery provision shall occur within 30 days of
demand. In the event that the DEPARTMENT is required to institute legal
proceedings to enforce this recovery provision, the DEPARTMENT shall be entitled
to its costs thereof, including reasonable attorney fees.
FEMA -1079 -DR -WA 1/96 Page 4 of 10
The APPLICANT shall be responsible for pursuing recovery of monies paid under this
agreement in providing disaster assistance against any party that might be liable,
and further the APPLICANT shall cooperate in a reasonable manner with the State
and the United States in efforts to recover expenditures under this agreement.
In the event the APPLICANT obtains recovery from a responsible party, the
APPLICANT shall first be reimbursed its reasonable costs of litigation from such
recovered funds. The APPLICANT shall pay to the state the proportionate state and
federal share of all project funds recovered in excess of costs of litigation.
10.0 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of
the APPLICANT or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of
such locality or localities who exercises any functions or responsibilities with
respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds
thereof, for work to be performed in connection with the project assisted.under this
agreement.
The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to the purpose of this
provision.
11.0 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political
activity or to further the election or defeat of any candidate for public office or
influence the approval or defeat of any ballot issue.
12.0 ASSIGNMENT
This Agreement, and any claim arising under this agreement, is not assignable or
delegable by the APPLICANT either in whole or in part.
13.0 SUBCONTRACTS FOR ENGINEERING SERVICES
In the event that the APPLICANT subcontracts for engineering services, the
APPLICANT shall require that the engineering firm be covered by errors and
omissions insurance in an amount not less than the amount of the firm's
subcontract. If the firm is unable to obtain errors and omissions insurance, the firm
shall post a bond with the APPLICANT for the benefit of the APPLICANT for not
less than the amount of its subcontract. Such insurance or bond shall remain in
effect for the entire term of the subcontract. The subcontract shall provide that
cancellation or lapse of the bond or insurance during the term of the subcontract
shall constitute a material breach of the subcontract and cause for subcontract
termination. The APPLICANT shall cause the subcontractor to provide it with a 30
day notice of cancellation issued by the insurance company.
FEMA -1079 -DR -WA 1/96 Page 5 of 10
14.0 AMENDMENTS
This agreement contains the terms and conditions agreed to by the DEPARTMENT
and the APPLICANT. Any additional terms and conditions imposed by the Federal
Emergency Management Agency or the DEPARTMENT will be incorporated into an
amendment. Such amendments shall not be binding unless they are in writing and
signed by persons authorized to bind the parties. No other understandings, oral or
otherwise, regarding the subject matter of this agreement shall be deemed to exist
or to bind any of the parties hereto.
15.0 APPEALS
Consistent with the Code of Federal Regulations, 44 CFR Chapter 1, Section
206.206, the APPLICANT may appeal any determination previously made related to
the federal assistance for the APPLICANT. The APPLICANT'S appeal shall be made
in writing and submitted to the DEPARTMENT within 60 days after receipt of notice
of the action which is being appealed. The appeal shall contain documented
justification supporting the APPLICANT'S position.
Upon receipt of an APPLICANT'S appeal, the DEPARTMENT will review the material
submitted, make such additional investigations as necessary, and shall forward the
appeal with a written recommendation to the FEMA within 60 days. Within 90
days following receipt of the appeal, FEMA shall advise the DEPARTMENT, in
writing, as to the disposition of the appeal or the need for additional information. If
the decision is to grant the appeal, then FEMA will take the appropriate
implementing action.
16.0 GOVERNING LAW AND VENUE
This agreement shall be construed and enforced in accordance with, and the validity
and performance hereof shall be governed by, the laws of the State of Washington.
Venue of any suit between the parties arising out.of this agreement shall be the
Superior Court of Thurston County, Washington.
17.0 SAVINGS
The DEPARTMENT may unilaterally terminate all or part of this agreement, may
reduce its scope of work or decrease the percentage of matching costs, if there is a
reduction in funds by the source of those funds, and if such funds are the basis for
this agreement.
18.0 TERMINATION
Except as otherwise provided in this Agreement, either party may terminate this
Agreement upon giving thirty (30) days written notice to the other party. In the
event of termination of this Agreement, the terminating party shall be liable only for
performance of services rendered -prior to the effective date of termination.
FEMA -1079 -DR -WA 1/96 Page 6 of 10
19.0 WAIVERS
No conditions or provisions of this agreement can be waived unless approved by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict
performance of any provision of the agreement, or to exercise any right based upon
a breach thereof, or the acceptance of any performance during such breach, shall
not constitute a waiver of any right under this agreement.
20.0 INDEMNIFICATION
Each party shall protect and hold harmless the other party from and against all
claims, suits or actions arising from any negligent act or omission of that party's
employees, agents and/or authorized subcontractor(s) while performing under the
terms of this agreement.
The APPLICANT, and its employees, contractor(s) and subcontractor(s) shall hold
harmless the United States, and its agents and employees from and against all
claims, damages, losses and expenses arising out of or resulting from the approved
work, regardless of whether or not such claim, damage, loss or expense is caused
entirely or in part by the United States.
21.0 APPLICANT ASSURANCES
In addition to the Terms and Conditions specified herein, the APPLICANT also
agrees to the following assurances:
The APPLICANT hereby assures and certifies that they will comply with
state and federal laws and regulations, including but not limited to the
provisions of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Public Law 93-288, as amended; 44 CFR Part 13, 44 CFR
Part 206, and the Washington State Public Assistance Manual dated
December 1995. These regulations and requirements are hereby
incorporated into this agreement by reference.
2. The emergency or disaster relief reimbursement requested herein does not or
will not duplicate funds received for the same loss from any other source.
3. The APPLICANT will operate and maintain the facilities for which funds are
received under this agreement in accordance with the minimum standards as
may be required or prescribed by the applicable federal, state and local
agencies for the maintenance and operations of such facilities.
FEMA -1079 -DR -WA 1/96 Page 7 of 10
4. The APPLICANT will, for any repairs or construction financed herewith,
comply with applicable standards of safety, decency and sanitation and in
conformity with applicable codes, specifications and standards, and will
evaluate the hazards in areas in which the proceeds of the grant are to be
used and take appropriate action to mitigate such hazards, including safe
land use and construction practices.
5. The APPLICANT will not enter into a contract with a contractor who is on
the General Services Administration (GSA) Lists of Parties Excluded from
Federal Procurement or Nonprocurement Programs.
6. The APPLICANT will comply with minimum wage and maximum hours
provisions of the Federal Fair Labor Standards Act.
7. The APPLICANT shall comply with all applicable federal and state non-
discrimination laws, regulations, and policies. No person shall, on the
grounds of age, race, creed, color, sex, religion, national origin, residence,
marital status, or disability (physical, mental, or sensory) be denied the
benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Agreement. A
violation of this provision is a material breach and cause for termination
under Section 18.0 of this Agreement.
8.. The APPLICANT shall utilize certified minority-owned and women -owned
businesses (MWBEs) to the maximum extent possible in the performance of
this agreement.
9. The APPLICANT does not have to comply with the provisions of the Davis -
Bacon Act for grants made under the disaster assistance program. However,
if FEMA and any other Federal agency are a party to a contract for the repair
or restoration of a public building or public facility, the contract would have
to comply with the Davis -Bacon Act.
10. Eligible private non-profit organizations agree to obtain an independent audit
in accordance with the Single Audit Act requirements. All costs of said audit
are the responsibility of the private non-profit organization. Additional funds
beyond those provided in the administrative allowance are not available for
payment of said audit. Eligible private non-profit organizations must comply
with the audit requirements of OMB Circular A-133, Audits of Institutions of
Higher Education and Other Nonprofit Organizations.
FEMA -1079 -DR -WA -1/96 Page 8 of 10
22.0 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved
or constructed with funds under this Agreement, and by this grant of funds does
not and will not acquire any ownership interest or title to such property of the
APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington harmless from any and all causes of action arising from the ownership
and operation of the project.
23.0 ACKNOWLEDGEMENTS
The APPLICANT shall include language which acknowledges the funding
contribution of the DEPARTMENT and the Federal Emergency Management Agency
(FEMA) to this project in any release or other publication developed or modified for,
or referring to, the project.
24.0 INSURANCE
The APPLICANT will comply with the insurance requirements of Public Law
93-288, as amended, and obtain and maintain any other insurance as may be
reasonable, adequate, and necessary to protect against further loss to any property
which was replaced, restored, repaired or constructed with this assistance.
25.0 SEVERABILITY
In the event any term or condition of this agreement or application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other terms,
conditions, or applications of this agreement which can be given effect without the
invalid term, condition, or application. To this end, the terms and conditions of this
agreement are declared severable.
26.0 ORDER OF PRECEDENCE
In the event of an inconsistency in this agreement, unless otherwise provided
herein, the inconsistency shall be resolved by giving precedence in the following
order:
a. Applicable Federal and State statutes and regulations;
b. Applicable approved Damage Survey Reports; and
C. Any other provisions of the agreement whether incorporated by reference or
otherwise.
27.0 AGREEMENT ADMINISTRATION
APPLICANT's representative shall be Cary M_ Rrk-, Public Works Director
The DEPARTMENT's representative shall be Donna Voss.
FEMA -1079 -DR -WA 1/96 Page 9 of 10
28.0 ENTIRE AGREEMENT
This Agreement sets forth the entire Agreement between the parties with respect to
the subject matter hereof. Commitments, warranties, representations and
understandings or agreements not contained, or referred to, in this Agreement or
written amendment hereto shall not be binding on either party. Except as may be
expressly provided herein, no alteration of any of the terms or conditions of this
Agreement will be effective without the written consent of both parties.
IN WITNESS WHEREOF, the DEPARTMENT and the APPLICANT have executed this
agreement as of the date and year written below.
Gregory P. Barlow, Major General
The Adjutant General
Washington Military Department
DATE:
APPROVED AS TO FORM
Applicant Signature
Printed Name:
Title:
DATE:
r
APPLICANT - PLEASE PRINT THE
Assistant Attorney Gen ral FOLLOWING TO EXPEDITE PROCESSING
DATE: _ 1 ISlct(o
State Emergency Management
Camp Murray
Tacoma, Washington 98430-5122
(360) 923-4577
CFDA: 83.516
Federal Tax ID No. (TIN): 91-1462550
Organization: City of Federal Way
Address: 33530 First Way South
Federal Way, WA 98003
Phone: (206) 66.1-4130
City Attorney, Londi R_ Lindell
FEMA -1 -079 -DR -WA 1/96 Page 10 of 10
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 29, 1996
TO: Phil Watkins, Chair Land Use/Transportation Committee
FROM: Jeff Pratt, Surface Water ManageiO%%
RE: S356th St Regional Stormwater Control Facility - 85% Design
Background:
The proposed S356th Regional Stormwater Control Facility has reached the 85 % design complete
point and is hereby presented for your consideration. As you will recall, this proposed facility
will be in the vicinity of S356th and SR99 and will service a drainage basin bounded roughly by
S341st PI on the north, SR99 on the west, S356th St on the south, and I-5 on the east.
The footprint of the facility has not changed since the plans were first presented to the committee
during its December 4, 1995 meeting. The affected properties remain the same and the extent of
impact to each property remains the same. To date the following tasks have been completed or
are in their final stages of progress:
■ The topographic and property surveys
■ The sensitive area surveys and reports
■ The Environmental Site Assessment (ESA) - Levels I and II
■ The Property appraisals
■ Property Acquisition - Southern Parcel
■ Property Condemnation - Northern Parcel
■ The WSDOT Agreement
■ The various permits processes
■ Project Design to 85 %
Attached for your reference is a location map with the project alignment and footprints. The
southern property impacted by this has been acquired by the City. The Northern property owners
have rejected the City's offers and condemnation proceedings are underway.
The scope of the original project has been modified to include a conveyance line along what will
one day be S352nd St - from the SR99 to SR161. This is a result of an agreement reached
between the City and WSDOT and discussed with this committee during the December 4, 1995
meeting. Please recall that construction of this line by the City will result in a net positive balance
of funds in excess of $100,000 - a portion of which will be directed toward the project and a
portion of which will be used to underground utilities along the SR161 corridor. WSDOT will
be paying the City $717,000 for the construction of this line. Note that this will require a budget
revenue adjustment approval for this project in this amount. The project is within its budget for
both design and construction.
Recommendations-,
Staff recommends that the committee authorize staff to proceed with completion of the design
plans and return to committee and council for permission to award the construction bid.
I
DATE: February 27, 1996
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Cary M. Roe
Public Works Director
SUBJECT: Gated Communities
The topic of closed gated communities has been discussed in the past at both the Public
Safety/Human Services Committee on September 1, 1994, and the Land Use/Transportation
Committee (LUTC) on October 11 and November 21, 1994. The discussions revolved around
whether or not closed gated communities should be allowed in Federal Way, and if allowed, that
policies and procedures be developed in order to consistently evaluate requests. The LUTC
unanimously agreed to not take action on this topic and directed staff to place the issue on a future
work plan.
At the February 5, 1996 LUTC meeting, the topic of closed gated communities was once again
raised and staff was directed to place this topic on the March 4, 1996 LUTC agenda for further
discussion. In an effort to provide background information and not duplicate past research,
attached are the past council committee agenda packages and meeting summaries.
Staff will be present at the March 4, 1996 LUTC meeting to provide a brief overview of the past
discussions and answer any questions the committee may have.
Attachments: Council Committee Agenda Packages
Meeting Summaries
cc: Project File
Day File
CR:jd
K:\LUTMATEDCOM.MEM